Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1879-12-18

DC some As3&8ppEeNE u<tpn sim eNkSlAnZ
~ 10 what Judge fancy ssid IN the
Dred Scott case in regard 10 the rights
Of the negro race. All controversy On
abe subject would promptly cease ifPer-
sons. wishing 10 be Informed, would
read The able opinion which that Judge
delivered a. the opinion Of the Supreme
Court. The case was tried before that
Court IN 1854 and was twice argued By
able counsel and matuFely considered
By that tribunal. The question was
"Was free negro citizen Of the Uni-
ted States or citizen Of any State in
the Union in the sense in which the
word citizen Is used in the Constitution
Of the United States r. The Court de-
cided that be vas not, and thai as long
NJ The Constitution continued TO exist
in its form as 1t the time they were
considering the question, . free negro
could not be looked upon as such citi-
gen. The opinion then proceeds to
give the most conclusive reasons for
this decision. II gives the legislation
and histories Of the times long proceed
ing and up 10 the Declaration OF Inde-
pendenee and the formation Of the Con-
siItution relative 10 this race, showing
the universal sentiment Of the white
people in regard 10 them. The PuFi-
lans Of the East, the people OF the Mid
die and Southern States, ali held the
same opinions. their Iegislations show
ing clearly ihat they did not consider
them entitled to or possessing the equal
rights of citizens OF a1y rights or privi-
leges OF which The white governing race
could not deprive them. The Judge
then sums up bis history ofthe times in
the following passage in which he uses
the language so often quoted.
''They had, for more than century before,
been regarded as beings OF an inferior order, and
altogether unfit 20 associate with the white race
either in social or political relations and 20 ar
/ inferior that Meg had no riyhts RASrh The whifs
nan was bound 10 respect; and that the negro
| might Justly aud lawfully he reduced TO slavery
/ for his benefit lie was bought and sold, and
treated AZ an ordinary article q merchandise and
/ traffic, whenever profit could be made by IL.
| This opinion was at that time fixed and univer-
sal in the civilized portion Of the white race"
| Tie quotation which is italized is gen.
orally made as if spoken by Judge Ta-
ney Of the period 1854, when he deliv-
cred the opinion, whereas bis reference
was to a period Of a century back. A
negro might be expected to quote IT in
the way he might think the expression
most effective, but il is very mean IN
any of the white race whose fathers and
grandmothers thus regarded the negro
TO mislead by intentionally misquoting
Judge Taney's most truthful statement.
Their political tricks will die out but
Judge Taney's opinion will stand for
ever and stand without an answer, un-
less, indeed, it may be claimed that the
Gordian knot of truth has been cut BY
the stalwart sword. The opinion OF
Judge fancy. citing some passages in
Mass achusetts history, was calculated
10 prevent the canonization Of that an
geIIc State and therefore. ! suppose, his
bust was not allowed to adorn the cham
Der room OF the Supreme Court. but I
recollect that Brutus' Statue was not al
lowed in a procession which took place
after the fail of the republic, but the
historian says, the people thought the
more OF him from its absence. The re-
fusal OF the bust was the duty and char
acteristlc act Of Black Republican
Senate.
Speaking of tricks, find that the
great Grant, late President Of the Uni
ted States and later still d. C. L. doc
tor OF Civil haws-God save the mark y
in one OF tbg English Universities, has
perpetrat9d one in regard 10 this matter.
Ia his hufSsh message sent to Senate
and House OF Representatives, notify
ing them Of the adoption of the 18th
Amendment, he calls il ga measure
which makes at once four millions Of
people voters who were heretofore de-
clared by The highest tribunal IN the
land not citizens OF the United States nor
eligible 10 become So" The words in
italics are interpolated by the great doc
tor. No such Eanguage-no such idea
can be found in the opinion. Exactly
the reverse is the truth, as will be seen
by the following noble passage IN Judge
Taney's opinion.
mo one, we presume, supposes that any
change In public opinion OF feeling, In relation
10 THIS untortunate race kueBrOesI IN tne CIVIL
ized nations Of Europe or in this country, should
induce the court 20 give 10 the words Of the Con-
stitution q more liberal construction in their IA
vor than they were intended to bear when the
instrument was framed and adopted. Such
argument would be altogether inadmissible in
any tribunal called on 20 interpret IL. N any
of rs prorisiORs are deemed unjust, there Is q
mode prescribed in the instrument itselfhy which
Il may be amended; bat while II remains unal-
tered IL must be construed now as IL was under
stood at the time OF its adoption. IL Is not only
the same In words, but the same in meaning, and
delegates the same powers 10 the government,
and reserves and secures the same rights and
privileges 10 the citizen; and as long Is il con-
tinues TO exist In Its present form, IL speaks not
only in the same words but with the same
meaning and intent with which IL spoke when IL
came from the hands Gifts trainers. and was voted
on and adopted by the people Of the United
States ANY other rule of construction would
abrogate che judicial character Of this court and
make IL the mere refIex Of the popular opinion
or passion Of the day. This court was not crea-
ted by the Constitution for such purposes. High
er and graver trusts have been eonided 60 IL,
and 1t must not falter in the path OF duty"
A monument TO fancy ought 10 be
erected in Judicial Square high enough
and broad enough to have those words
chlselled and 'pFeserved in everlasting
marble. The day will come / hope
when periured knaves shall thus receive
the stern rebuke which the sentiment
in that quotation shall give them and