Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-12-19
TIE DRIED SCOTT FREEDOM TRIAL.

SUPREME Court OF TIE UNITED STATEs.-
Washington, Dec. 1.-THE trial OF the bred Scott
case was resumed this morning, George L. Curtis, ot
Boston, appearing rs assistant counsel for the plain
Tiff Hon. Reverdy johnson made q powerful argu.
ment Tor tie defendant He said he should address
himself mainly the question Of the constitutional.
~ OF the Missouri Compromise. First however he
attempted 10 show tia, the Consultation Of the Uni
ted Stn;es designed 10 consider black men Us
citizens. 1t maintains throughout that man can have
property in man, and so sacred ls this description of
property that the Constitution pledges the orce oil the
Union to protect it.
TIL. State of Illinois cannot lesisste on this or any
other subject for the ciizens Of Missouri. Regarding
the Missouri Compromise, he contendet, that If Con-
gress has power to prohibit slavery it has power, by
Implication to establish it, irrespective Of the con.
sent OF the people in tho territory then or hereafter
1t was true that the Missouri Compromise was adopt
ed to settle what was then considered condition Of
| things fatal 10 the Union unless settled. But what
gives the power To- prohibit IL the f'st place,
pow exists to prohibit except in the legislature
The Pt sideut has il not The Judiciary have it not.
The people have il NOT. What power has Congress 2
1t is body of legislators representing the people for
all purposes of legislation, exercising the powers
ferred by the constitution Ii had been assumed by
some that tine power granted in the constitution was
applicable to the principle Of domestic servitude
This assumed, il follows that the whole subject is
in the grasp of The legislative power. Slavery exist
ed in most of tbs States at the time Of the adoption
of the constitution aud promised to do so through
all time. 1t may be that the continuance OF the
prosperous condition of country like ours depends
more or less upon this institution. IL the power
granted Congress it exists in the section of the con-
sii,utIcn auhorsing the acquisition Of territory by
conquest by treaty. md afterwards the power TO dis.
pose Of regulate; il not intended that tho ter
ri.ory thus CURED he managed any other way than
expressly provided. Nor would il follow that il The
e1:stenca Of territorial laws was not negative of
the power 10 govern territory, that the power given
would not be subject 10 certain Limitations.
! If there was such general sweeping authority TO
1 ida Flf r.H hn undo IN
gresp every legislative power. But the result of such
unlimited power would be TO bring about Of
things inconsistent with the foundntion o! our inst
tuvns. Chancellor Kent tells us: "l therefore, the
government .! he United States carry into cxecu-
ton prlec: for colnnzin, the Valley Of the Column
bia River i: wuGd afford reasons for grave conside-
ration, to the destiny OF that country, long time
before i, was erected into Sa'es, and upon the doc
trna OF lbe laws of Congress- and even upon Judicial
decisions Of the Supreme Court the colonies would
be in state OF complete subordination, ard as de.
pendent upon the will of Congress would have
been had Parliament succeeded in bringing Is 10 its
WILL Such was not conseninl with republican insti.
tu;iop. All the legislative power intended to be given
TO Congress was suffered one time be embraced
in the eighth section of the fist article of the Const
tiuus. Bot hsre is not word in that section giving
power to prohibit slavery. In the clause giving all
nert:u power make rules and regulations for the
government of the territory OF the United States it is
appa.eu, that the territory used is synonymous
with property
Age.Y, Congress has power TO cispose OF Territory
meaning 10 get rid Otto sell. This might not be
done q, once, spd it becomes necessary, uctil that
end j. accomplished, that Congress shall have author
ity TO m@ae needul rules and regulations for its gov.
ernment Of property but not TO prejudice the claims of
the United States, or any particular State This be-
ing the Gaze, on what ground eau the power to prohi
bit slavery fall within the power communicated to
Congress We Can conceive but one: the most
useful disposition; and the hypothesis that the eIcu
sion of slavery enhances the value Of lands TO be
disposed of. Suppose such be the mos. valuable way
to dispose of propertyi suppose that Congress has
such power, what possible doubt can there be that a
variety Of things may be done accomplish that end
and more efftc,uully Slavery strikes at the funda
mental principles OF our government. II 70 impor-
tan that we adopt some rule or regulation to strike at
the root at ooce. Prohibiting 1t in the Territories
will not do for Southern men 20 there. waiting for
the good time to come for the question OF STATE Or
ganiz alton to arise. Northern men 60 thinking the
time shall come when this sin shall be routed and
the land be dedicated to God and freedom
The most needfal would be to prohibit Sou:herners
from settling and Eorthefners from going, unless,
with upfted hands, they agree 10 the sentiment of
their region Pess lag that no Southern man be
permitted to buy negro-that no Southern man be
permitted to emgrate 10 new territories and settle