The times. [volume] (Richmond, Va.) 1890-1903, 1893-11-22

! Marcia" a Washington coffesp'"oS"e
OF the Chicago STANDARD, IN Iun".ss
, comment upon the Supreme court Vi , .ie
f, United states. and especially upon s.e
I chief justices. has the following paragraph
upon the eminent chief justice hoser d.
/. fancy:
| "a single decision has given him an
| unenviable notoriety Ii Is a t"lce-'oiu
| tale 10 those who are passing OH the
| active scenes OF life, but new ana most
l Instructive one to those whose young
| shoulders are assuming the load OF re-
| sponslbility their elders are laying ASIDE
( bred Scott, a slave, on being taken 10
/ Missouri after q residence IN free state
OF sufficient length 10 entitle MN TO MS
| freedom, brought suit TO estaDilsh that
fact. Il was appealed 90 the Supreme
| Court Of the United states, and Taneys
decision was that negroes were so far
| inferior they had no rights a white man
was bound 10 respect" 1t Is needless to
say that this decision shocked the moral
sense OF the civilized world. II could
have no other effect. storm or indig-
nant sentiment was aroused throughout
the North, which resulted In determina-
ton 10 check the growth Of the slave
power, and which resulted three years
later In civil war. SO violent was the feel
Ing against fancy, his bust was for seye-
raj years excluded from a place among
his predecessors on the wall Of the court
ROOM
Now, to "Marcia's" statement OF the
decision Of the Supreme Court as deiiv--
cred 10y Chief-Justice fancy, there is
one rather serious objection-it is not true.
To be sure, II is much more than "a twice
told tale" Indeed the false tale has been
told so long and so often that IL has
become history" 10 the minds OF an
amazingly large proportion OK the reading
public OF these United states.
An almost Insignificant minority. how
ever, who have taken the trouble 10
read the opinion" actually delivered by
the chief justice IN the famous 'Dred
Scott case, know that the stigma which
Marcia" has seen tit 10 attach to the
eminent name Of fancy, is based upon
false and ignorant conception of what
the great jurist said on that memorable
occasion.
In Reports OF Decisions OF the Supreme
Court OF the United states. by Samuel
Miller. LID, an associate justice OF
the Court" we have Taneys opinion"
az II was delivered I'm the celebrated
"Dred Scott" case This opinion" which
runs from page 20 page 81, Of Volume ii,
] have carefully read from beginning 10
end and so 1 can speak by the book
III NtNl IFS Marcia charge. what
Judge fancy did say was this:
1t IS not the province Of the court 10
decide upon the justice or injustice, the
policy or tmpollcy, of these laws. The
decision Of that question belonged 10
the political or law-making power: to
those who formed the sovereignty and
framed the constitution. The duty Of
the court is 10 interpret the instrument
they have framed with the best lights
we can obtain on the subject and To ad-
minister il as we find II. according TO its
true intent and meaning when adopted
Page 8.
And again, on page 10:
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 Declare
ton Of Independence. and when the con-
sututoB 81 the United States was framed
and adopted. But the public history of
every European nation displays IL I'm a
manner too plain 10 be mistaken. They
mad Tor more than century been re-
garded as beings Of an inferior order. ana
altogether UNFIT 10 associate with the
white race, either ia social 81 political
relations, and so far inferior. that they
mad no rights which the white man was
bound 10 respect; and that the negro
might justly and lawfully be reduced 10
slavery for his benefit He was bought
and sold, and treated as an ordinary
article Of merchandise and traffic. where
ever a profit could be made by IL. This
opinion was at that time fixed and uniyer-
sal IN the civilized portion OF the white
race. Is was regarded as an axiom in
morals as well az IN politics, which no
one thought Of disputing, or supposed TO
ne open 10 dispute; and men OF every gtade
and position in society daily and habitu-
ally acted upon it in their private pur-
suits, as well as In matters of public
concern, without doubling for moment
the correctness Of this opinion"
That such was the state of public opiu- |
ION throughout the country, at the time |
of the adoption or the constitution of the
united states, was what Judge fancy |
affirmed He distinctly declined 10 saw |
mat people ought To have thought TINS. |
nut ne said that they did think thus.
II any one doubts that this was the |
general opinion even iu New England. |
and in the lifetime OF Aaron Burr. LET |
MN read that very interesting book |
The Ministers WOOing" by Mrs. Har-
rlet Beecher Stowe. Mrs. Stowe. ia that |
work tells us that men Of high standing /
IN the orthodox churches OF New England /
were engaged I'D the very lucrative and |
@t the timer perfectly respectable busi- !
ness Of importing slaves from Africa 10 |
be sold i'm this country.
And even in Uncle Toms Cabin" Mrs.
Stowe insists that the North is more
guilty than the South fin the matter Of
negro slavery. She does not put this
opinion into the mouth at one OK ber
[, haracters; but expresses it as her own
deliberate judgment 1 am constrained
Tor once % agree with Mrs. stowe.
M, }. G.. HIDDEN.