The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-19
The slave Case In tine United States Supreme
Court.

AV Ss&st 1&sC fbh Sstc ShAtSU StuttS SuIpTcAuC
Court.
WAsHsGroS, Doc. Is, 1856 4
Tho caxo Of Dred SCOTT was resumed. Mr, Johnson
presenisd rrecedents In support his views the ques
ton Of citizenship Of Q negro.
Mr. Blair said his colleague (r Curtis) proposed TO
gue merely the oorsttuonalsy Of the Missouri compro
nlse
Mr. Blair then proceeded with an argument in suppo
OF the OF the Court and the cIam og hs oisnl
bis Monday. He instanced various au..or,,
tts 10 support OF his propcs e defended at length
the corsttu'ons,y Of the Missouri compro misc. Tas
Missouri Comproul'se was q sectional question such as
calls up the psseiops Of ali sections aud all countries
Nobody ever questioned ip corstituonsuty until within
brief period Mr. Calhoun 10 1888, though bell vi1g II
. dangerous messure, dio not say was uoc1nsttu
tonal That record continued until 1877, when ihas
dating man broached the idea taa slavery m AZ
exteno into the Territories The Court u nov csJod
upon 10 restrain irs,itason which By ect ccntem
pcraueous with tho Institution L. declared utterly yo
leve or the Institutions upon which republics fouad
cd. Te asked 10 change policy and upon I, Q
con siructon Of word In tho constitution =" ter,itoy
Chief Jutce MARSHALL rays the govsrnment has general
sovereignty over this Territory His friends the oaor
aide Of tho cse say that Judge Marshall was Al iaspred
Is not with the Judges words, but with ihoso VIII,
pescn them. Judge Marshall says. "Upon the words
govern tie Tsrhorea" Does no, ,his lsa.
gusgo warrant such a conclusion II asy
poesi over s T. his vision IL csr .haa
rnc Jucge Mar,hs says the power o, Congress l. ua.
limited supreme, subject only 20 cortsin limitations In
limitations forbiddirg the prohibition OF slsvcry.
M. Rtverdy johnson Submitted evidence that Pres-
dent Eas lson did not believe the restriction within
the true scopc Of the copsti.uuu also rough dra, OF
veto message, wrin by President Monros OF this very
ohl saying inN INNS not vioAuse OF tne consh,unoa
repuknart IN ~ pfoylsions 10 the general so1msnt Of
the States.
Mr. Gsor,eP Cults. o, Bo.tou, made powerful arxu
ment In favor Of the corsttuIonaity cgthe Missouri com
promise. Hc raid be would coodns hts remarks to tia
third section OF the fourth article ol the co1siui,r
sassoss Tor the soScrnens * ssrrsrya and GAINED
That nere e1ised iu legislative power. Tue question
emncnily an historical onc and whom you have pa ,cd
the acts In their historical relation you have gone far
towards settling the controversy The grcst
lands within the bounda Ice of the od,r ssatos we're al
No had virginia made q ccsslon Of land beyond
the Ohio than tho question arose. whai ds position shall
os made er by ths decd o. csssoa tho onited sa,as
When Jefferson, 10 17st, inovoi his resolution II tbs
grcsiest possible doubt oongres. hsd power TO p.s
10 ls great emigration began into The Territory uhsa
nado Jeier.ons measure entirely inadequate, aud the
ordnance Of 1851 cstablnei This act was pass Cd
p1tshea rrsss IN the PhiIsaepha papers Of The as,s
when the Convention was engaged making provisiccs
the subject Among tho rosolnons ofsrei was oae by
Edmund Raj dulph thai provision ought be maio for
tho sdmisson Of satos rhs resolution passed and
son, 70 the Committee Of Dc,s and afterwards oscams
tuied shall be admitted with toe consent OF two thirds or
the states, and within tho limits Of present States ths
consent OF The Legislatures thereof Madison saw Ia
ssnty that tho Con venon had dor n3hlng 10 provide
powr TO superntepd the public lands and moved pro-
viso svirg Congress- the power 10 dispose OF uu.
appropriated lands, 10 institute temporary govern.
mcnts, aud provide for nov Statas thsreia. The
seventeenth article was ressbsd. Amendments wore
pending IN oil dircchons. 6overnor Morris, rising.
moved ho clause ~ now stands, via. -" Coasress
shall have possr 10 dspaee c ard mako s nesifa rules
and regulations respecting territory oshsr property os
longing 70 the United Ststcs spd nothf, Ia this eonsiu
ton shs be 20 construed n 70 prctudcs any esms Of
ne United snos or Of any particular STATE" Consider.
ing the rclsaore Of The United States 10 Virginia. was 10
be expected that The oJuvenlicn woud creais such
before a.es can Sc etsbishsd sssoaa ssosao us wss
nccssary 70 superintend them undcr the VIE.
ainia and third 70 submit IN I'M 70 the control OF the
Regarding the word .terrisory,D If cor s,rusd m inc
power 10 dispose OF ~ land; Coz, IN those worfs
Ccnges, has all the necessary power :, dispose or bu,
totally different power. tet suppose ,hs words only
refer 10 municipal governments. Cons lag
which somebody re,ss. writ Of IL broash, bo.
needfol power TO pass such ii~ suppose tho sans
case with respsos 70 ftnds Tho yru undertake -
redWc the wcrds belov their natural import, you
purely political orc n the clause on,y embraces a
few spsoac obscts somebody must selea inc ohiscs.
What constitutes The dI1syenceY Both equally ma,
ters Of egisstonbo,h equally affected by the fusr,n.
tees OF pubic and pvvas sht Are they both
braced Ia the pyoposion are tbey needdEr All unts.
nsby rest In tho judgmcn, Of Congress 70 n,csi,y
They refer 70 De standard Of what n neodfi ant tbs
standard fired by tbe grant IN the Judgment NJ Coz
Uess Counse on thc Other sldc alof tna general,
iesslsilcn bcccmes peepctaal Tbs very terms grsst
and limit the power 70 Territorial existence. tho word
"fosever'i 70 paraded before from the Msscur
promiss but there nosbinx 10 prevent W. bssng or
plunged for nohpg can be enacted upon the chAracer o.
the institutions duype TERRITORIAL existence whion
be changed Immediately beoomng STATE. Congress
has no power 10 dictate the ooostsuton cf any state
Mr Curtis concluded with tribute 70 the leaning aud
Adjourned.