New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-18
UNITED STATES SUPREME COURT.
WASHINGTON, "wednesday, Dec II. 1855


In case No. 6, The United States agt Brig NesnA
"Kohler, claimant" Judge Grier delivered anopsss
reversing the decree of the United States Count Tx ~
Northern District Of California, demanding the ceesix
further proceedings in conformity with the opAiea
this Court.
The case of bred Scott was then examined.
George T. Curtis Of Boston appeared 80 assistant
counsel for plaintiff.
Mr.. Reverdy Johnston made powerful srgunss
for defendant He stated that he should sddre. h.,
self mainly to the question OF the constitutonalyd
the Missouri Comprom se. First, however, 49,
tempted to show thst the Constitution OF tee Uatd
States was never designed to consider black ~ =
citizens. II maintains throughout that msn can hav.
property in man. and 50 sacred Is this description q
property that the Consultation ped4es the focs as
Cnion to protect it, The State Of Illinois CANNOT l:sA
souri. Regarding the Missouri Compromise, hen
tended hhst IL Congress has the power to prohisi
slavery it has the power by implication to establish
irtss!ective Of the consent OF u the people 1 e
was adop'ed to sette what was then consadaed
ordittD OF things fatal TO the Union unless eeu.d
But what gives the power tel prohibit n In -
first place. no power sss h 20 nn, The sd
have it not The people have IL not. WIS
power has Congressi !! 10 body OF lcgsiatons, rsees
ming the people for all purposes of legislation sodn
S.s been oe assumed By some hal the power ss.
the Constitution was applicable 70 the principle Of %
me site servitude. This assumed, Il follows that u
whole subject Is in the grasp OF legislative posss
Slavery existed in MOST OF the 81 stes q tne tune o.
adoption of the Constitution, and promises To- %
throughout all time II may be that the coniieuse0
of the prosperous condition Of o country Ike Dan
depends more or less on this institution. II NJ
is granted 70 C0nsss. exits ,s IN .d 70:
territory by conquest or by treaty, and ah@vN
the power to dispose Of or regulate 1t. II Wa -
INTENDED that territory thus acquired should %
managed II other her. H'y yh than sasass
laws was not negative Of the power 10 govern u.
Territyry, that the power given would not DO mteS
10 certain limitations. II there were sucn gooass
sweeping authority to legslse, Congress might q ~
he con,ei ded, grasp every legislative power b1' =.
resut of such an unlimited power would DO to bring
about state of things inconsistent with the funda.9s
of our institutions. Chancellor Kent tells 10 u,
therefore, the Government o. tne une, oss.e,
Of Columbia River il would Afford reasons Tor grave
cer sidersto ~ to the destiny Of thss county
will be q long time before u will be erected st'
States and depending upon the doctrine Of the Lev!
of Congress, and even upon the Judicial decisions Of
Z" the Supreme Court, these colonies will be IN 3sfe
" Of complete subordnation, and a. dependent 9pos
7" the will of Congress. - We had been had Ps:
Q. is not copgenial with Republican Institutions a
the legislative power intended 10 be evcn 10 co..
gIess, was supposed at one time to be embrsce
IN The eighth section of tho first article Of ~
Constitution; but there La not word In ~
section giving power to prohibit Slavery. IaI&
clause wing al Ieedful power to make rules sno o
iat.bs tor the government Of the territory Of the Upta
States, is apparent ua. the term territory 10 used
s,ncnymoos with property. Again, Congres, - . :.
). u, sc. This might not be done at once aud Il -
cones Necessary until that end IL accomplished, ~
Congress sbaIi have authority 10 make the nesda ra
end regulations for its Cove fhmeht ~ propesy w.
to pI, uoice the caims Of the United SiateA osd ~
particular State. This being the case, wha' yoss
can the power to prohibit Slavery fell within tse 'ss
C, mmuncsied to Copgreas. tie c)ud eooce''s ~
oDe. The most usesul disposition, and The hy,|SsS
lsEds to be disposed Of. sappOee such ta be ne -
valuable way to dispose Of property; sappSe yes.
has such power; what possible doabt CSC thsfe
that variety Of things may Be dose to 49,
pBsh Nat end, and more offcstaaNyI nts%
strikes at the fundamental principles 81 on Wv
eminent. II is important thai We adopt -
iu,e or regulation to strike al tho root - -
Prohibiting 1t in the Territories Uiu not do, ~
EN- men 60 there waiting for tie god .. time ss
ern men 60 thinking the time shall come whsa -
ysited land viii be dedicsted TO God and 49, 49,
The most needful course weald be TO prohiba -
ere from settling, and Norhenen from gosSs h,,s
law that no Southern man be permitted . -
negro; that no Southern man be permitsd 70 sSp.d
to tho new Territories and settle. He has ~
rpot upon him which may prove contsgioo. -
nOst certain way ia to deny bin the right 70
Of sIsver, into he Territory. slher # ,hss -
viii accomplish tbe end much better than ths ~ :
sned. There exists in Congress under thar a.ss;sf
authority for such unequal, disparssins, s.a - -
legislation. II not under that clsuse uqoa -
ceivsble grounds can the authority for ~ -
plseed' Il Is necessary to govern the Tes1iiSy 49,
| there no limit stion to the authority given
| II there Is, where il that authority -
lie the doctrine that the ConsauatS st.rxa
ttresies. It = tbe doctrine Of the cosqe9os' -
I I'd as Nipges. The people Of tho South 20 INV