A Review of the Decision of the Supreme Court of the United States in the Dred Scott Case (Classic Reprint)

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Excerpt from A Review of the Decision of the Supreme Court of the United States in the Dred Scott Case In reviewing the decision in this case, the subject will be divided into - 1st, The jurisdiction. 2nd, The derivation of congressional power over territories. 3d, The extent of congressional power over territories. 4th, The power to prohibit slavery. 5th, The policy and justice of the Missouri compromise. The Jurisdiction. The majority of the Court decided, that plaintiff, Scott, being a negro, he could not be a citizen of Missouri; that therefore the Circuit Court had no jurisdiction over the case; and it was accordingly remanded, with directions to be dismissed for want of jurisdiction. Having so decided, the Court should have stopped there, and not attempted to go any further into the case. All beyond that was extra-judicial, and entitled to no further respect than if the judges had expressed the same opinions in a debating club, or had published them in a newspaper for the undisguised purpose of aiding a political party. There are, no doubt, instances where other judges have extra-judicially expressed opinions on points not properly cognizable in the cases before them; but with good judges such instances have been rare, and they never occur without meeting the serious censure of ever judicious member of the bar. They always partake, more or less, of what is most obnoxious to an American lawyer. They are, in fact, usurpations of power. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

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