Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-31
RIGHTS NOT TO BE RESPECTED.

The Memphis Post seems to be par
ticularly displeased with Chief Justice
Taney and a majority of the present
Judges Of the Supreme Court Of the
United States Here is a specimen
The infamous bred Scott decision, in
which Chief Justice fancy held that one
portion Of the American people had no
rights which the other portion were bound
to respect, did much 10 weaken the respect
and veueration in which the Supreme
Court Of the United States had been held.
A majority land 4 bare majority Of the
present Judges seem disposed 90 still fur
Their lower il in the estimation of loyal and
patriotic citizens
The Posts objection to the majority
Of the present Judges Of the Supreme
Court is about as reasonable as its OBJ
lection to Chief Justice fancy Il is
simply because the decision in both cases
to which it refers does not agree with
its political bias But did Chief Justice
fancy hold the opinion ascribed him by
the Posff What he did say upon the
point referred to by that paper is as fol,
lows
1T Is difficult at this day 10 realize the
state of public opinion in relation TO that
unfortunate race, which prevailed in the
civilized and enlightened portions Of the
world at the time Of the Declaration Of In
dependence, and when the constitution Of
the United States was framed and adopted
But the public history Of every European
nation displays il, in manner too plain TO
be mistaken. They had, Cor more than a
century before been, regarded a. beings Of
an inferior order and altogether unfit to
associate with the white race in either
social OF political relations; ard so far in
ferior that they had no rights which the
white man was bound 10 respect and that
the negro might Justly and lawfully he re-
duced 20 slavery for his benefit lie was
bought and sold, and treated as en- ordinary
article Of merchandise and traffic, whenever
a profit could be made by IT, The opinion
was st that time fixed and universal in the
civilized portion Of the white race
The Chief Justice, it will be seen, in
stead Of laying down q legal proposition
was simply recapihilating the status Of
tao negro, as held hy the white race gen
orally. But t served partisan purposes
to ascribe this opinion to Chief Justice
Tauey, and many who never examined
his opinion in the bred Scott case, have
come to believe that he held the position
for which he has been so heartily ex-
ecrated by politicians Of the New Eng
d,Wendell> Phillips school Ii is n
remarkable fact that q decision very
similar to that ascribed 10 Chief Justice
Taney was delivered by high court in
one Of the New England States forty
years previous to the decision in the bred
Scott case. In 1916 Justice Parker Of
the Supreme Court of Massachusetts,, in
deciding case involving the relations Of
slave to town (or distriet) for support
as pauper, thus stated the coalition and
status Of the negro in that State:
The shave was the property Of his mas
ter as much &c has OK OF bis horse; he had
10 ci,il 0gM buf h0t q protection from CHI
ely be could acquire no property nor dis
pose Of any without the consent Of his
master His settlement 40 the town with
his master vas rot for bis benefit but
10 ascertain what corporation should be
charged with his maintenance, IN Gaze his
MASTER should become unable 20 support
him, on should die, leaving him a charge
% the community. We think he had not
the capacity 90 communists civil rela-
ton % his children, which he did not en-
icy himself EXCEPT ss the property Il his
master"
This h Massachusetts decision rem
dered when the spawn Of New England
politicians was confined o. very narrow
limits II vas good doctrine a half
century ago, even in Massachusetts,, and
would have been when Chief Justice
fancy dsliyered bis celebrated opinion,
If that STATE had not changed it's relation
% The negro BY previously selling out to
the South and becoming aboliiionized
Il is very singular that those Who de-