The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-03-22
DRIED SCOTS OWNER DEAD.
Circumstance Calls Ont a Review of
Famous Case.

Circumstance Calls Ont a Review of
Famous Case.
Philadelphia Inquirer.
1t was a singular coincidence that the
former owner of bred Scott died on Thurs
day, the anniversary of Lincoln's BIRTH
day. 1t was Lincoln who made the Dred
Scott decision the rallying point in politics.
1t was Lincoln who first analysed it in his
mastery way and showed how fundamental
it was in the political controversies of the
time. After that the Whig party never
raised its head, and Lincoln in four years
was sworn in as President by the man who
had read it.
This generation cannot appreciate the
sensation that the bred Scott decision
made almost fifty years ago. 1t reorganized
parties and platforms and proved the
crucible out of which were finally evolved
the aims and successes of the Republican
party. And yet at the start the case
seemed simple affair. bred Scott never
was real party in interest. AS a slave
he had been carried to a free State, and
then was brought back to Missouri 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 a
lawyer thought he saw chance to make
money and fame by suing for the wages
case was begun, and for years worked it's
way through the courts until it became
certain that 1t was one of Importance in
politics. Then it was pushed with vigor
to the court of last resort and decided.
And what was the decision of the court?
On this matter to this day there is the pro-
foundest ignorance and misconception. The
sole decision of the court on the only point
actually involved was that bred Scott be-
ing negro and former slave, had no stand
ing in the courts whatever. That was all
there of it, and under other circum-
stances it might never have attracted any
attention at all. AS to the exact history of
the determination to deliver long opinion
on the subject, authorities differ. Some
say that fancy thought 1t a chance to set
tie points in politics which had long been
discussed. Some think that it the
determination of a Wing member of the
court to write dissenting opinion that
aroused fancy. In any event the opinions
of which there were several, were the
sensation of the time in politics, since they
pleadings and which are known in law as
'obiter dicta, or opinions inessential 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 reached
this country and all of the legislation con-
corning him. In effect the majority de-
clared the Missouri compromise unconsti-
tutional, and said that matter of his
tory at the time Of the adoption of the
Constitution the negro had no rights which
the WHITE man was DOuno TO respect. 1hlS
was popularity twisted to mean that the
court said this was a matter OF law when
the decision was rendered.
Scott was freed by his mistress. who had
just died, and he passed out of history,
but the contentious of that case were fought
out in the civil war and the obiter dicta
reversed by the Nation in arms, while
slavery was forever swept away. Unfor-
tunately, that contest did not settle all
race questions. They exist to-day much
as fifty years ago. and though far differ
ent, it must be said that. they are of no
less importance and must be met with en-
lightened craftsmanship.