Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-12-26

An IMPORTANT Law CAsr.-Washington
Dec. Is. In the United states supreme
Court to. dav. The case Of ID. Scott, plalntlh'
>. John +. A. Stanford, came UP Tor argu-
rnent on questions of law.
The plaintiff, man of color, brought
suit to try his right to freedom, lie claims
having been emancipated by his master nav
inc taken him to reside in Illinois, which act
it is declared by the constitution OF that state
operated to emancipate him. The Circuit
Court decided against the plaintiff, on the
ground that by his return to Maryland ms
masters right, dormant while in Illinois, had
revived and that the constitution OF ILLINOIS
was penal law, which the Courts OF other
States were not bound to enforce
The case was argued last session, but the
decision was reserved to allow OF arguments
on certain points OF law.
Mr.. Montgomery Blair appeared for plain
tiff, and Messrs. Rcverdy johnson and Il. ,.
Geyer for claimant
Mr. Blair contendcd that the plaintiff is
legally, a free man of Maryland, within the
18th section of the act of l7S9.
II had been objected that he is not entitled
TO all the immunties Of other citizens hut
If that is test of citizenship ,three-fourths OF
the whites of the United States are not citi-
sens. because the census shows that there Is
not more than one voter in every five lnhahi-
tants therefore, that Hypothesis does not
hold good. The allegation that paintlil Is
not a citizen because he does not belong to
particular class, such as are eligible for the
Senate for instance, falls to the ground
like the other because there are many citizens
of the United States. foreigners by birth,
who are not eligible for the Presidency, lie
referred to Judge CASTOR Of North Carolina,
who decided that all persons born in the
realm are citizens that slaves are citizens
under disabilities: and foreigners, under disa-
bilities, which are removed Ivy naturalization,
He instanced the Constitutions OF variou;
States which declare that every white male
citizen shall be entitled to n vote. showing.
by this language that there are other c1tt-
fens. and that it Is necessary to deny them
certain privileges by positive enactment and
expressed law.
Tho act of the Maryland Legislature of
1s45, expressly recognizes free negroes as
citizens, and declares that none shall come
there who arc not declared by other States as
citizens.
The next question was the constitution
atty of the Missouri Compromise. Whether
1T is so or not, the Constitution of Illinois
Is, and under it plaintiff is entitled to his
freedom, unless forfeited by return to Mis-
souri,. The Declaration Of Independence
declares liberty to be one of those right.
which are inalienable and are we to he told
that negro, by any act OF his own can
srrogate this act
He cited many cases bearing on the sub
loct, and said that Judge Scott OF Missouri
was the first man on this continent to find
out that tho plaintiff had alicnatcd his lihcr-
~, and made himself slave asain
1t was settled point of Law in Missouri
even before her admission hut IT was not
Law, but passion and politics. which lnrl-
ded Judge SCOTS mind. it was a point OF
Common Law which the Court is called
upon to decide upon a general principles ana
1T is not bound to consider Judge Scott ;
opinion more than any other, except tor
its weight and learning
lie quoted the Ac. of Illinois on tie sub
rect of slavery. any violation oi when CON
fers emancipation. This man took his No
gro to Illinois, under a knowledge that hc
thereby became free, and could not he held
He intended to violate the law which pro-
h;bits slavery or involuutIry servitudr.
As to the constitutionality Of the Missouri
Compromise he with the whole country
had entire confidence in tho decision Of thi.
court Whichever side of the line it might
decide was Indifferent to BIN. a proposition
was male by Congress IN l1S0 70 the
States. for general session of lands fo1
the purpose of the general administration
and for the common use and heuitit lnlr.
that act cessans were made by Virginia ~
other States. In lisa resolution was offered
by Jefferson excluding slavery from the land
oeded. Some States being unrepres"nted, it
did not pass. Subsequently. in l1c7, it did
pass.
In IT'S. Mr.. King. when reviewing JcGhr-
sons motion said Congress had all the need
full power to pass rules and regulations \
the government Of the Territories. Ihi.
would authorize the enactment Of Iaw
prohibiting slavery. The Court had affirmed
that the Act of l7S9 re-rnactel that Of TN
and by the sth section nf the Missouri Act
slavery was prohibited North of 10 deg 81
min.
There was no doubt upon tho sutj'c
until the invention Of squatter sovereignty
which he thought. was the father of man,
anomalies. Tho Vigilance committee of :"
Francisco, for instance, was m illeHum.t
exercise of Sqnattor Sovereignty. The COM
rromis Of lsjO in srir t. If mt inl'neutG"
reaffrms tie act of MS, prohibiting sItyer,
in Texas north OF that ll"", for II rs said
Nothing shall be implied 80 in7ahdate.
&c.
Without concluding. Mr. ria.r gave w',
for adjournment.
The case will last several dave.