The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1876-03-17

! commenting on recent decision of the
| Supreme Court of this State, in which
I was involved the right Of sepuiture oi
a negro in lot Of ground in Mt. Mo
riah cemetery which he had purchased
( from the managers in his lifetime,
says: The old dictum of Chief JUS
I tice Taney, that the cOlorcd man has
no rights which q white man Is bound
! to respect, is reversed by the strong
! and indignant words OF the Supreme
Court Of Hennsvlvania." How often
since the opinion of Chief Justice
fancy was delivered in the celebrated
Dred Scott case, nearly twenty years
ago, have the words, "A negro has no
rights which a white man is bound to
respect" been put in his mouth by
radical newspapers, as the expression
of his own judgment. Assuming that
he uttered them in a judicial sense, lie
has been denounced on the floor of
Congress by men who ought to lie IA
miIiar with the Dred Scott decision :;
stigmatized from the pulpit by fanati-
cal clergymen who never read his
opinion, and held up to public hatred
ana contempt by radical stump speak
ers throughout the entire northern
section OF the country. AND yet it is
a fact, shown from the opinion itself,
that he never uttered any such n SEN
timent. Tom COrwiE was politically
gibbeted because it was said that in a
speech delivered by him during the
Mexican war, lie advised the Mexicans
''to welcome the American army with
bloody hands to hospitable graves "
COrwin did not say that; but he did
say, az / arare q NericGn, | would
y, lcQme," etc, which is quite a differ
ent thing from that imputed to him
and which made him so odious. The
following is that portion of Judge
Faney's opinion in the Dred Scott case
containing the words above referred to
iii their proper connection. The ex-
tract shows precisely what he said and
his reasons ror saying it:
''It is difficult at this day to realize the
state OF public opinion ia relation to that un-
fortunate race, which prevailed in the civil
ize'i and enlightened portion Of the world at
the time of the Declaration of Independence
and when the Constitution of the United
states WAS framed and adopted. But the
public history of every European nation di is
plays it i'll a manner too plain TO be mis-
taken.
They had, for more !han century be-
fore, been regarded as beings of an inferior
order, and altogether unfit to associate with
III" white race, either in social or political
relations: and so far inferior, that they had
no tights which the white man was bound
To respect ana That the negro migh5 just V
and lawfully be reduced 10 slavery for his
beHcht. lie was bought and sold, and treated
| traffic, whenever a profit could be made by
! II. TINS opinion was al that lime fixed aud
! universal in The civilized portion of the
| white race. 1t was regarded as an axiom in
! morals as well as in politics, which 10 one
/ thought oT disputing, OF supposed TO be opcm
! 10 dispute aInt men III every grade and
position in Suciety dali ) and haGitual!v ' a.ie,i
/ upon il III their private pursuits, as well as
/ i'll matters of public concern, without doubt
! lIig Tor a InOment the correctness OF this
| opinion.
'--"d y 10 ration was ibis opinion more
| nTH'y J fixed, or more uniformly acted upon,
than by the English government and Eng
/ IIsh people. Tiny moi only setZsd them Oh
| The coast OF Africa, and sold them, or held
! them III slavery tor their owu use but the V
! took them rs ordinary articles of inercIlau-
| disc TO every country where they could .uakt
/ 4 pTnht on them, aud were far more exteu.
( sively engaged in this commerce than anv
/ other nation an the wUriu."
The Chief Justice next quoted the
early legislation of the colonies OF
Maryland and Massachusetts, as fully
recognizing this ahject condition of the
negro at the time 10 which he was re
ferring, and before proceeding with hi.
op nion said:
We refer to these historical facts for thu
/ purpose OF showing tife fixed opinions CON.
| OF iha! day spoke and acted. Itis necessary
TO DO ihis, in order To determine " neither tlr,
general terms used In the Constitution o.
! the United STATES as to the rights of mal
and The rights of the people, was intended
/ tc inriU,tc them, or TO give to them or thei
pusterity the benefit OF any Of its provis
! ions"
1t Twill thus be seen that Judge Tqncy
in this portion OF his decision main
tanned, as a historical fact that during
the hundred years preceding the Dec
iarGtiOn OF Independence the negro in
this country, whether slave OF free, wa.
regarded by legislation as so far infe
riOr to the white race that he had n,
rights which the white man was boun,
to respect" This is the whole of il
Vii! my radical attempt to DrOre tha
Che history of this country, Of whicl
alone the Chief Justice was speaking
did not sustain him in making tha
declaration? 1t cannot be done. ant
yet for asserting the truth ofhistorv h,
has b, en- the object of undying radica
hate and malignity: Roger B. Tame,
in his early life was the owner of slave
buC lie gave them their freedom. Tha
a negro had no rights which whit,
man Nas bound 70 respect is senti
ment which he never entel taincd as ;
man Tor uttered as .judJe
IN another column will be found :
brief report of the testimony Of Orvi
II. GRAFT. taken on yesterday weel
| Iefnra Mr. ;TIy.ua-'S coTn,nittco ~, tb,