Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1873-10-09

the government. have much greater
freedom; reason, guided by precedent
plays a more important role the Con.
st'tution is not amended by positive
act, it is developed, like the common
law, by the inspiring reason which
gives form and character to every
growing people.
The memoir Of the Chief Justice is
written, as its author tells us, to vim
dicate the chief against the unjust as.
persions, hatred, and calumny which
were provoked by this celebrated de.
cisioD. 1t reproduces the opinion, and
aims at a reversal of the public judg.
ment; unwisely, as we think, it at
templs to justify the uncalled.for de-
cislon of a bare majority of the court,
denying to Congress the right of
affirmative legislation over a territory,
on one subject only. The fame of the
chief Justice is secure, if it be left to
the main current and tenor of his life :;
IL Is not so secure when it is made to
hlnge on the correctness of q judg-
ment hardly supported by the stric.
letter of the law, with an adverse action
upon a disfranchised race.
The Chief Justice had presided over
the court now more than twenty wears,
and he was in the eightieth year of his
age when the opinion was pronounced.
1t IS scarcely fair to his memory to
seize upon the decision as Just critic
rion of his merits as a magistrate. 1t
may show, it certainly does show,
great intellectual vigor.
1t Is claimed in his defense, and the
remark IS often made, that he did not
express it As his personal opinion that
"a negro has no rights which white
man is bound TO respect" And this
claim Is literally true he attributes
this opinion TO the people and age in
which the Constitution was framed
the apology is nevertheless one of YER
oal criticism, rather than one of sub
stance; because, as We understand the
subject, it is the opinion then pro-
nounccd hv the court which was relied
upon to intuse that opinion into the
Constitution. A plain man cannot
hnd the sentiment in the words OF that
great document and if he deal can
didly with the history of those times,
he will be slow, he will hesitate to i'm
pute To Its trainers an opinion so in-
iquitous and so at war with historic
truth.
We have here peculiar phase of
character. This eminent man refused
10 own slave, and yet gave the
weight of his office and juridical skill
TO strengthen an evil heritage. Full
oil clemcncy toward the individual, he
almost created common law to up
hold the system.
Let US, however, deal justly with his
n"sn1'r,; ----bSs sbDiva.i h;y.s ..r ..,iul
lived To the great age of eightv-seven,
discharging the duties OF his office with
all fidelity. lie lived in charity and
good will toward men, and died at
last without stain upon his personal
character. He saw the light before
the battle Of Saratoga had been
fought. aud, well stricken in wears, he
heard also the thunders OF Gettys-
burg.
.Chief Justice fancy, Nd, leading opinion.
Wayne, Ca, agreeing with him.
Greer, Pa, agreeing with him and with Sel-
son; prtmd fdcte jurisdiction.
Daniels, Va, agreeing with him.
'ainpoell, Ala, agreeing with him tdoes not
touch question Of jurisdictionl.
Catron, Tenn, agreeing with him, on other
grounds nakU ,fsN
subjects.
Nelson, \. u. agreeing with him, hardly
touches The power OF Congress. goes upon the
laws OF Mo-, and question Of jurisdiction.
Mclean, o., dissents totally.
Curtis, Mass, dissents totally.
Conclusion: That ii appears by the record
hat the piaintin IS not citizen Of Missouri.
and that the Circuit Court Of the Uuited States
for that reason had no jurisdiction in the cause,
and could give no Judgment in it, Judgment
for that reversed, with direction that the suit
b. dismissed for want Of Jurisdiction