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Chaffee and the daughter, who were the heirs-at-law. The final decision of the Supreme Court that Dred Scott was not a citizen of the United States and could not sue in the United States Court remanded him and his family to the chattelhood of Mrs. Chaffee.
He found that Congress had no right to exclude slavery from any Territory belonging to the United States; that the owners of slaves had equal rights with the owners of other property; that neither Congress nor a territorial authority had any power to exclude slaves from a Territory. This doctrine was accepted by extremists in the South and was finally embodied in the Dred Scott decision of 1857.
Garrison's bitter taunt that "the Union is but another name for the iron reign of the slave-power," was driven home to the North, by the Dred Scott decision, with the logic of another unanswerable fact.
What has been the attitude of the Courts towards these enactments which in the interest of oligarchy have set aside republican governments in the South and nullified the Constitution of the United States? Naturally, the state courts have upheld them. The most remarkable judicial utterance since the famous Dred Scott decision is that of the supreme court of Mississippi in the case of Ratliff vs.
This might prove a dangerous weapon in the hands of possible future Northern majorities. It was obviously necessary to withdraw slavery alike from the control of Congress and of the people of a Territory. Some ingenuity was required for this. The Dred Scott decision of the Supreme Court followed, by which the Constitution recognizes slavery as a national institution.
The Colonel would rather have denounced the Dred Scott decision than admit to Judge Whipple that one of the greatest weaknesses of the South lay in her lack of mechanical and manufacturing ability. But he had confessed as much in private to Captain Elijah Brent.
If this means, Give the slaves their liberty, this would be their most direful calamity; they would be chased away from every free state, in process of time, and the Dred Scott decision would be invoked, even in Massachusetts, by its present most bitter opposers, and in its most misrepresented forms, as a defence of the American white race against the blacks.
It proved also that a judge could set aside the right of a citizen to a trial by jury, supposed to be guaranteed by every safeguard which could be thrown around it by this same Constitution. He has struck the strongest and most promising blow in their behalf that has yet been given. Dred Scott was the pivot on which the Constitution turned before the war.
The several points of the Dred Scott decision, in connection with Senator Douglas's "care not" policy, constitute the piece of machinery, in its present state of advancement. This was the third point gained. The points of that machinery are: Firstly.
Did a territorial legislature have power to pass favorable legislation? It was not called upon to do so by anything in the Federal Constitution. Therefore, the mere right to take a slave into free territory under the Dred Scott decision, take it as property, was a naked right without local support.
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