Decision in the Dred Scott Case.Springfield, Illinois, State Journal [Republican](14 March 1857)
The following is the substance of the opinion
of Judge Curtis in the Dred Scott case, recently
decided at Washington:
Judge Curtis dissented from the opinion of
the majority of the Court, as delivered by Chief
Justice Taney, and gave his reasons for the dissent. He maintained that native-born colored
persons can be citizens of States and of the
United States; that Dred Scott and his family
were free when they returned to Missouri, that
the power of Congress to make all needful rules
and regulations respecting the Territory was
not, as the majority of the Court expressed, limited
to territory belonging to the United States
at the time of the adoption of the Constitution
but has been applied to five subsequent acquisitions
of land, that Congress has power to
exclude slavery from the Territories, having
established eight Territorial Governments
without, and recognized slavery in six, from
the days of Washington to John Quincy Adams.
judges Wayne, Grier, Campbell and Daniel
had papers expressing their views on certain
points of opinion of the Court, but did not read
them.
We are glad to learn through a full report of
the proceedings that Judge Grier, as well as
Judges McLean and Curtis, decided in favor of
the Missouri Compromise. the Court thus
stands six to three, and not seven to two as at
first reported.
[Next Editorial>>]
|