Democratic Sentinel, Volume 3, Number 43, Rensselaer, Jasper County, 5 December 1879 — THE DRED SCOTT DECISION. [ARTICLE]

THE DRED SCOTT DECISION.

Some Interesting Inside History from the Biography of Justice Curtis. [From the Albany Law Journal.] One of the most interesting chapters in this biography (of Justice Curtis) is devoted to an inside history of the so-called “decision,” which the biographer regards as the precipitating cause of our civil war. The original opinion in the Dred Scott case was prepared by Judge Nelson, and, if this opinion had stood as that of the majority, for which it was written, it would have called for no expression of judicial views on the constitutionality of the Missouri Compromise act. But after this opinion was written a motion was made in a conference of the court for a reargument of the case at the next term. This motion prevailed. Judge Nelson’s opinion was set aside, and two questions were framed by the Chief Justice to be argued de novo at the bar. These questions involved the facts set up in the plea to the jurisdiction, and the power of the court to take notice of and determine the citizenship of the plaintiff on those facts, after that plea had been overruled by the Circuit Court, and the defendant had been ordered to plead to the merits. If the facts could be noticed and amounted to proof in law that Scott was not a citizen, the court had no jurisdiction. If on the facts Scott should be held to be a citizen, then the merits could be gone into and the validity of the Missouri compromise restriction became a question before the court. On this basis the case was reargued. It was held that Scott was not a citizen, but the eourt notwithstanding assumed juiisdiction of the merits. The result was brought about by the influence of Mr. Justice Wayne, who had convinced himself that the “peace and harmony of the country” required a judicial “decision” to. the effect that Congress had no constitutional power to prohibit the introduction of slavery in the Territories. With his impulsive and impassioned way of treating such a question he succeeded even in magnetizing Judge Taney, who could only have been mastered by Judge Wayne’s appeal to his feelings—to that kindness and "benevolence toward all human beings wl ich so eminently distinguished .that great jurist and Christian gentleman. It was not surprising that Judge Wayne should have carried Judge drier and Judge Catron with him—they had a good many of the same qualities of mind and disposition that were conspicuous in their sanguine and enthusiastic colleague. But Judge Taney’s nature was different, and he for once sank his judicial in bis political character, because he thought the end that seemed to him desirable justified the means by which he proposed to attain it.