Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1913-12-16
History Of the pred Scott Case.

History OF the Dred scott Case
It is due to the public that we re-
move the impression sought to be
made by political agitators that this
case was got up and pushed to final
conclusion in the supreme court by
the friends of the present administra-
ton as party movement or other
wise. On the. contrary 1t has been
done solely by those who now COM
plain of the result. The suit was in
stituted and prosecuted by them: but
whether for political effect or the hope
Of securing q different conclusion we
shall not attempt to determine. The
true history Of the matter Is this:
Scott instituted suit In the circuit
court Of Missouri to obtain dis
charge from servitude for himself and
family. On the trial 1t was proved
that he had been originally a slave in
Missouri; that his master first took
him to the military post at Rock Is
land, Illinois, and subsequently to Fort
Smelling, in Minnesota, at a point
north of the Missouri compromise line,
and that he and his family subse-
quently returned with him to Missou
ri. 1t was contended in his behalf
that inasmuch as his owner had vol
UNFAIRLY taken him to places where
slavery did not exist by law, both he
and his family became free and re-
mained so after returning to slave
holding state. The circuit court de-
,cided in his favor. On appeal to the
supreme court Of the state, that trib-
unal held that he and his family, on
returning to the state, continued
slaves. Between the annunciation OF
the opinion Of the court and filing OF
it's mandate in the circuit court, Scott
voluntarily dismissed his suit in the
state court. thus evading the decision
against him; and therefore instituted
another suit in the circuit court Of the
sUnited States. In this court, the ques-
ton of Jurisdiction depended upon his
being a citizen Of Missouri, and the
defendant citizen Of another state.
If the court should be Of opinion that
he was a citizen then, he claim
ed that he was free because his owner
had taken him to Illinois, and also to
part of the Louisiana territory north
of the compromise line. The circuit
court rendered final judgment against
him; and thereupon he appealed to
the supreme court Of the United States
where the same questions that had
been twice argued and decided were
raised again. The supreme court Of
the United States upheld the courts
below. The case was last argued by
George T. Curtis, brother of Judge
Curtis and Montgomery Blair, son Of
Francis P. Blair for the plaintiff,
Scott, and by Senator Geyer and Rev.
erdy Johnson for the defendant.
Messrs. Curtis, Geyer and Johnson
were Wings, while Mr.. Blair's political
sympathies are understood to be with
his father. On the first argument
neither Mr.. Curtis nor Mr.. Johnson
took part. The fact that the court
ordered a re-argument Is ample proof
Of the Importance Of the questions in
volved and the difficulty Of solving
them. On the last argument the court
was filled with intelligent and anxious
listeners. The court took time to de-
liberate and prepare their opinions.
Each Judge formed and expressed his
own vote. The reasons sustaining his
conclusions were placed in record by
each, and his countrymen will read
and reflect, and test them by the rules
Of comomn sense and every day rea-
son. No judicial tribunal can reason
ably object to criticisms based on ju-
dicial principles. Truth will never
suffer by being subjected to the stand
ard Of reason and right.
From this standpoint 1t Is evident
that Scott's name has been used by a
class of slavery agitators for political
effect. Having been beaten in Mis-
souri,, and in the United States su-
preme courts, they now attempt for
the same purpose to appeal from the
decisions of the judiciary to political
club rooms, where other consider
ations than calm reason and sober
judgment are expected to prevail.
Time will show whether they calcu-
lated the result with accuracy.
Ito be Continued)
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