Year: 1860

case. 1t is my opinion, carefully considered,
that the court determined one single point of
law only that is, that Scott, the plaintiff, be-
ing negro of African descent, not necessaFi-
ly slave, could not be citizen of Missouri,
and therefore could not sue in the Federal
Court and that for this reason, and this alone,
the Circuit Court had no jurisdiction of the
cause and no power to give judgment between
the parties. The only jurisdiction which the
Supreme Court had of the cause was for the
purpose of correcting the error of the Circuit
Court in assuming the power to decide upon
the merits of the case. This power the Su-
preme Court did exercise by setting aside the
judgment of the CircuitCourt upon the merits,
and by dismissing the suit without any judg-
ment for or against either party. This is all
that the Supreme Court did, and all that it
had lawful power to do. l consider it great
public misfortune that several of the learned
Judges should have thought that their duty
required them to discuss and give opinions
upon various questions outside of the case, as
the case was actually disposed of by the court.
All such opinions are extra-judicial and of no
authority. But, besides this, it appears to
me that several of the questions so discussed
by the Judges are political questions, and
therefore beyond the cognizance of the Judi
ciary, and proper only to be considered and
disposed of by the political departments. If
| am right in this, and it seems to me plain,
the precedent is most unfortunate, becaus sc it
may lead to dangerous conflict of authority
! among the coordinate branches of the Gov
ernment.


3. is 10 the colonis alton of the free 6acEs.-
For many years have been connected with
the American Colonization Society, of which
Liberia is the first fruit. l consider the oh.
ject both humane and wise, benefeent alike to
the free blacks who emigrate, and to the
whites whom they leave behind. But At
rica is distant, and presents so many obsta-
cles to rapid settlement that we cannot indulge
the hope of draining off in that direction the
growing numbers of our free black population.
The tropical regions of America, think, Of
fer far better prospect both for US and for
them.


| 4. Ifs TO any inequality of rights among A.
| 'nerican citisens.-I recognize no distinctions
among American citizens but such as are ex-
pressIy laid down in the Constitution; and
hold that our Government is bound to protect
all the citizens in the enjoyment of all their
rights everywhere, and against all assailants !;
aud as to all these rights, there is no difference
between citizens born and citizens made such
by law.


8. finn 1 in fnror Of the construction of a rail
road from the Vatley of The Mississippi TO the
Pacific ocean, under the auspices OF the General
Government Yes, strongly. not only be-
lieve snch road of vast Importance as the
means of increasing the population, wealth
and power of this great valley, but necessary
as the means OF national defence and of pre-
serving the integrity of the Union.


6. .am 1 in faUor Of The measure called the
Homestead biH.-Yes. am for guarding the
public lands as well as possible from the dan
ger of becoming the subject of common trade
and speculation for keeping them for the
actual use of the people and for granting
tracts of suitable size to those who will actu-
ally inhabit and improve them.


Z. .7m in favor of the immediate admission
Of Kansas under the Wyandotte Constitution p
l think that Kansas ought to be admitted
without delay, leaving her, like all the other
States, the sole judge of her own Constitution.


Thus. gentleman, believe have answered
all your inquiries, in plain intelligible man
ner, and hope to your satisfaction. l have
not attempted to support my answers by ar
gument, for that could not be done in short
letter; and, restraining myself from going in
to general politics, l have confined my re-
marks to particular subjects upon which you
requested me to write. Your obliged fellow
citizen. EDWARD BATES.