Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1856-12-22
RICHMOND WHIG.
THE SLAVE CASE IN THE UNITED STATES srr.
PREME COURT. af

WARRINGTON. Dec. n, 1856.
er Claimant Judge Gricr delivered an opinion rever.
ne decree OF the United States Court for the Northe,n
ulset OF California remaning the ior further pro
eesungs IN conformity with the opinion Of the court,
Ihe case OF Drcd Scott resumed this mornin~
- Car' Of Boason, appeared assistant eoun.
NJ keveriy johnson made q powerful Argument Gor a.
endant He stated that he should address himscIf main
'ne question: OF the constituonality Of the Missour;
compromse First however, he attempted to shov that
e constitution oil the Uuted States never deaipned 10
consider Black men citizens He maintained hrorch
out that man can have property in man; and 40 /.
% description OF property that the Constitution pledges
the orce OF the Union to protect it. The State Al In
nos cannot legisate this or any other sub;.c, a. ar
citizens oil Missouri Regarding the Missouri comprom;..
he contended that Congress las the power to probih
establish IL irrespective of the Consent oS' a.
people in the Territory. Il is that the Missouri COM
promise was adopted to settle what was then
condition OF things fatal to this Uniou uness
But what gives the power to prohibt itf In ths g.,
place. no power exists to prohibit except 10 tho Leei,l.
tsre The Presden has IL not judiciary have h NOT
tne people have it not What power has Cougress Il
body ofesstors representing the people for 4. pur
poses oil legislation and to exercise the powers conferred
oy the constitution Il had been assumed by some TIN.
,ne power granted IN the constitution applicable to
,ne principle oi domestic servtude. This assumed IL fol-
lows tnat the whole subcct in the grasp Of
PVe slavery existed In most Of the States at the time
ne adoption oil the constitution, and promises to exist
'nrough all time II may be that the continuance of The
prosperous condition OF country like ours depends more
o less upon this institution II the power granted to Con-
ges exists In the section OF the Constitution autborix
ing the acquisition Of territory by conquest or by treaty and
afterwards the power TO dispose OF or regulate H. .as
not intended that territory thus acquired should be
managed IN any other way than expressly provided:
nor would allow that if the existence of ter,;tor;.I
laws was not negative OF the power TO govern The
territory that the power given mould not be subject 70
certain limitations II there we're such general sweeping
autofity 10 iegisate, Congress might we'll he onten
ded, grasp every legislative power But The resnt r
such an unlimited power would be 10 bring about st,e
things inconsistent with the foundation of our
Chancellor Kent tells u.s. 'L therefore the eoyenmen,
tne United States carry into execution the project for
eoonizng the valley Of Columbia river Il would Afford
reasons Tor considerations as TO the destiny f
country. IL viii be long time before it will be erected
Safes and depending upon the doctrine OF the laws
o' congress anu even upon the judicial decisions of he
supreme Court these colonies will be in state of com
pete suoordnation, and as dependent upon the win of
Congress as we should have been had
ed IN bringing us TO its will" Such Is not With
republican institutions AL the Legislative power inten
geo 70 be given to Congress supposed at one time 10
% embraced in the eighth section Of the first c of
constitution but there is not word in that section ;x;
power to prohibit slavery In the clause giving Il. nee
tu power to make rules and regulation. or the govern
ent OF the territory OF the United States u Is
that the term territory is used as synoniou, with
erty Again. Congress has the power 10 dispo.e Of ter
rtory meaning to get nd Of to SELL &C. This might
b o 0e uone Al once ana Il becomes necessary until
that end is accomplished that Congress shall have au
thority to make the neediu rules and regulations for
ss property, but not TO prejudice the claims
y 'e hteu states or OF any particular State Tbis
oeing the case, what ground the power 10 nro
hbit slavery iall within the power communicated IN
Congressf lie could conceive but one The most usefu
dposou and the hypothesis that the exclusion of slavery
enhances the valne of the lands to te disposed Of
pose such TO be the most valuable way to DISPOSE of
petty; suppose Congress has such power what po.sbl
doubt can there be that variety Of things may be done
10 accomplish that end and efectually, Slavery
strks at the fundamental principles Of our
IL important that adopt rule or regulation to
strike mt the root at once Prohibiting it in the Terrific
es vi, no. DO or Southern men 90 there, waiting for
good time to come-or the question Of State Organization
10 arse Northern go thinking the time shall coma
hen this sin visited land viii be dedicated to (d and
freedom The most necdiu course would be to prohibit
Souherners from settling and Norherners from going or
pass law that no Southern be permitted 10 buy
negro that no Southern man be permitted emgrate TO
me new Territories and settle He has aleprous SPOT up
on MIN which may prove contagious. The most certain
way Is 10 deny him the right emigrae or let him
that he will attempt the introduction of say,ry in
% % the Territory Either Of these rules will accomplish
Inc end much better than the rule desired There eYs
in Congress- under that clause authority for sucb
4ua dsparagng and insulting legislation If not under
That clause upon what conceivable grounds can the au
horiiy Tor this law be placed IL Is necessary N gove
the Territory but is there no limitation 10 tbc su7bo
gwen Congress II there Is, what is that authority IL
seems to be the doctrine that the constitution doe. No,
iaend 10 Territories pregnant with startling heresies-
IL Is the doctrine OF the conqueror and as old as Nm
od The people Of the South do not stand i'm The re.on
ot servants to the people OF the North They stand vbr
me constitution placed them equal in the sight Of God
hu man And now let me inquire WHERE except In this
doctrine OF the eonqueror is it, possible to maintain this
power under the constitution OF the United States IL il
ne law OF the strongest attempted in the exercise of the
right The States collective eonstitpa an.
United States. The absolute uncomfortable equality Of
Ill the States stamped all the features Of the coost
uton. Sovereignty means the right to act upon any
Ioesuon upon which any other sovereignty may Mr.
Johnson inquired how came Congress to pas, the com,
PROMISE OF 1920 Ii nothing but division this
Territorial dispute The South contented herself with
'eing sAhshed slavery was permitted go to the line
K n m Onnn nj nrtF. IL.
s'ence OF the Unoh-s compromise OF each rather
nan each adherng to his idea and perilng the c1is
ence OF Union on which the world looked with am .ze
nent and not any authority for courts Of ustics Es
oneluded With eylogum upon the high character and
asuce OF the Court and = tribute to the Union Ad-
burned.