He used them in a way much more contemptible and inexcusable to the minds of men of strong anti-slavery convictions.
He put them into the mouths of the fathers of the Republic, who wrote the Declaration of Independence, framed the Constitution, organized state Governments, and gave to negroes full rights of citizenship, including the right to vote.

But how explain this strange inconsistency?
The Chief Justice was equal to the occasion.

He insisted that in recent years there had come about a better understanding of the phraseology of the Declaration of Independence.

The words, "All men are created equal," he admitted, "would seem to embrace the whole human family, and if they were used in a similar instrument at this day they would be so understood." But the writers of that instrument had not, he said, intended to include men of the African race, who were at that time regarded as not forming any part of the people.

Therefore--strange logic!--these men of the revolutionary era who treated negroes actually as citizens having full equal rights did not understand the meaning of their own words, which could be comprehended only after three-quarters of a century when, forsooth, equal rights had been denied to all persons of African descent.
The ruling of the Court in the Dred Scott case came at a time when Northern people had a better idea of the spirit and teachings of the founders of the Republic regarding the slavery question than any generation before or since has had.