The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-27
TUESDAY, NOVEMBER 81, 1866.
The Dred Scott Decision at the Bar of
History.

moral sentiment of the nation, since the
overthrow of slavery is recovering its normal
and healthy tone. 1t is but little while
since slavery had open and defiant advo-
Gates. The public press endorsed It; the
pulpit attempted to sanctify it, the legis-
lators Of the country defended it; the judi
ciary bowed down before il. 1t is only
three years since the Democratic party OF
Pennsylvania were circulating, as campaign
document, Bishop Hopkins defense of
slavery. Men then gloried in being pro
slavery, and to call one an "Abolitionist" was
to exhaust the vocabulary Of denunciation
upon his unfortunate head. Now, how
changed Even Democratic newspapers
have come to resent being called pro-savery.
Legislation has found nobler exercise for
dts functions, than the fencing in Of human
chattels and Christian bishops have found
better, and, let us hope, more congenial work,
than furnishing ammunition to infidehty by
saddling injustice and oppression upon the
BibSe.
We have met with no more striking evil
dence Of this great change that has come
over the community, than is furnished by an
article in yesterdays issue of our Demo-
cratic morning contemporary, attempting
to whitewash the memory of the late Chief
Justice Taney, with reference to the notorious
Dred Scott decision. All will remember how
the wicked sentiment that "The negro had
no rights that the white man was bound to
respect" was received with universal applause
by the supporters of slavery; how they
gloried in it; how it exactly chimed IN with
the current doctrines and practices of the
slave power. No pro-slavery man, in those
days, thought OF Gpologizing for the atrocious
sentiment, OF OF defending the Chief Justice
for thrusting it before the people. 1t was
good Ming-to be indorsed and gloried
over, not to be apologized for.
Now, however, we hear very different
song sung by the same men. The pressure Of
the moral condemnation of the world begins
to be felt, and they vince under it. We are
told, In q strain of mingled melancholy and
indignation, that "the Infamous sentiment
1--WE are glad that the Age at last acknow-
iedges it to be infamous). that "negroes have
NO rights that white men are bound to re-
spect," was "never expressed" by Chief JUS
tice Taney, and then we are treated to pa
thetic essay upon the probability that, owing
to the charges that he did express it, his
name will go down to future generations eli
belled" and beclouded by this Z" bald and plain
invention"
Now, The truth is, that while Chief Justice
Taney dld not, in so many words, say that he
himself believed the negroes "to have no
rights that the white man was bound to re-
spect," yet he did invent the sentiment, coin
the exact expression, and then falsely ascribe
1t to the founders of our Government; and he
did all this for the sake Of justifying himself
In decision as infamous as was the Senti-
.nent he inuented. He did not find the senti-
ment in history, and then chronicle it. He
found it in his own heart, and attempted to
fasten it upon the fathers Of the Republic. 1t
was, therefore, his, and not theirs; and the
popular speaker or writer who at this day
speaks of that infamous sentiment as Chief
Justice Taney's, is historically correct.
This Justification of history by the Chief
Justice was exposed and answered at the
time by two of his associates es-Justice Mclean
and Justice Curtis, in their profound and ex-
haustive opinions upon the same case. But
one of the most scathing reviews which this
"infamOus sentiment" ever received was at
the hands of our great historian, Hon. George
Bancroft. In his Grafton before the Mayor,
Common Council, and citizens of New York,
on the 22d of February, 1862, Mr.. Bancroft
said -
'oIhe present Chief Justice has, in one memo
rable appeal accom- panied his decision with an
impassiOned declaration, wherein, with pro-
found ImuOrality, which no one has yet laid
bare trea ing the people of the United States
az q sbFew 10 be tanned 6g an open ScoTn OF The
fdCts of history, with dreary industry col lect-
ing cases where justice NAV have slumbered, or
weakness been, oppressed, compens ating tor
want OF evidence by confidence of assertion,
with a paEta ty that would have dsgraced an
negLecing humane decisions of colonial
courts and the enduring memorials of colonial
stGhpeboOEs, In his party zeal to prove that the
fathers OF our country held the negro to have
mo rights that the white man was bound to
respect, ~ he has not only denied the rights of
man AID the liberties of mankind, but has not
lett iooIhOid for the liberty Of the white man
..N0 nation can adopt that judgmant as its
rule, and live. The Judgment has in it no
element oil political vitality. ! win not say it
il Is an Invocation OF the dead past; there aeUeT
tD0S q p0sf fkGf accepted such opinions If we
want the opinions received in the days when
our Constitution was framed, we will not take
Eill let the men of that day soeak for them
selves. How will our American magistrate
sipk when aTrAigned as he will be, before the
,tr,hunai OF humanity How terrible will be
the yerdict 40 eainst him when he is pat In COM
sDarison With Washinet ms political teacher,
the ert at Montesquieu, the enlightened magis.
tfAte oil France in what are esteemed the worst
NV 4 arOumnnf