Cameron County press. [volume] (Emporium, Cameron County, Pa.) 1866-1922, 1903-02-19
bred Scott's Owner Dead.

HDSOSS
died on Thursday, the anniversary
of Lincoln's birthday. 1t was Lin
coin who made the Dred Scott deci-
sion the rallying point in politics.
1t was Lincoln who first analyzed
it in his mastery way and showed
how fundamental twas in the poll
tical controversies of the time.
After that the Whig party never
raised it's head, and Lincoln in four
years was sworn in as President
by the man who had read it.
This generation cannot appre-
ciate the sensation that the bred
Scott decision made almost fifty
years ago. 1t reorganized parties
and platforms and proved the cru
cible out of which were finally
evolved the aims and successes of
the Republican party. And yet at
the start the case seemed simple
affair. Dred Scott never was a
real party in interest. AS slave
he had been CARRIED to a free State,
and then was brought back to Mis-
souri,. His life had been one of
ease and comfort, and the shackles
were as light on him as on any that
wore them. 1t was because
lawyer thought he saw chance to
make money and fame by suing for
the wages of Scott while he was on
free soil that the case was begun,
and for years worked its way
through the courts until it became
certain that it was one of import
ance in politics. Then it was push
ed with vigor to the court of last
resort and decided.
And what was the decision of the
court? On this matter to this dav
there is the profoundest ignorance
and misconception. The sole deci-
sion of the court on the only point
actually involved was that bred
Scott, being a negro and former
slave, had no standing in the courts
whatever. That was all there was
of it, and under other circum-
stances it might never have attract
ed any attention at ALL AS to the
exact history of the determination
to deliver a long opinion on the
subject, authorities differ. Some
say that Taney thought it a chance
to settle points in politics which
had long been discussed. Some
think that it was the determination
of Whig member of the court to
write dissenting opinion that
aroused Taney. In any event the
opinions, of which there were sew
eral, were the sensation of the time
in politics, since they covered points
nowhere else raised in the pleadings
and which are known in law as
''obiter dicta," or opinions inessen-
tial to the determination of the case
and which may or may not have
force according to circumstances.
They covered the history of the
negro race from the time he reach
ed this country ana all of the legis-
lation concerning him. In effect
the majority declared the Missouri
Compromise unconstitutional, and
said that as a matter of history at
the time of the adoption of the Con-
stitution the negro had no rights
which the white man was bound TO
respect. This was popularity twist
ed to mean that the court said this
was IA matter of law when the deci-
sion was rendered.
Scott was freed by his mistress,
who had just died, and he passed
out of history, but the contentious
Of that case We're fought out in the
Civil War and the obiter dicta re-
versed by the Nation in arms,
while slavery was forever swept
away, Unfortunately, that con
test did not settle all race ques-
tions. They exist to-day a. much
as fifty years ago, aud, though far
different, il must bee said that there
they are OF 10 less importance and
must be met with puliphteued