The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-17
Interesting Slave Case In the United States
Supreme Court.

WASHINGTON, Dec. 18 1865.
The argumenti the Of bred Scott VS. j. f. Sand
ford resumed Mr. Gcyer, for the applicant, took the
broad ground that African incapable OF being made
citizen, and that had been decided by the courts
number OF At the time Of the adoption OF the
constitution every State, except Of the saveholdng
States in the Convention for the adoption OF constta
tion, len oren the African slave trade for twenty years.
and 10 his mind not the intention OF framers OF
that Instrument to mako importation OF material for
citzs nstp. The law Of Missouri says negro TO
thit state with naturalization papers from another STATE
be email NOT 90 whipped but Goes not recognise him
citizen II the master carrie save into State where
slavery does not exht and tho slave not discharged Dy
local law, and then tskes him back TO . STATE whore
slavery established the latter net bound TO enforce
the law OF the other State cxact the forfeiture p,sed
res state II lad been decl6o1 every where that The
mere temporary residence OF the masier In slave
holding ate did not cmancps,e the Save He referred
TO the constitution OF Illinois, which he understood
intended 10 nterdct the Legislature from by lag
es'1blishiDg slavery but was not TO effect tran
Ames, the slave wns released by habeas corpus not
by the laws or tho State. 20 In the Ipos there
DO physical, legal moral compilation against q slave
passing through that State He thought whom the ques
ton vas examined precedeuu could be sdduced recoxni
eng The right OF Congress 10 establish municipal govern
In the rerritores but denied that had been
any judica docisior allowing toem to 20 beyond II was
arennkabe Ac that every attempt 10 lesislaie sA-
prcence OF The act OF 1898 aud others were
not an sxerton OF power TO ubbt slavery, but
chc commercA power In lAct, tnoee very acts roCog
aud protect H. He gave . history Of the
Missouri Compromise, which was agreed 70
ouy under the pressure OF circumstances TO enable tho
admission CT Missouri He thought tho SOUTH there being
tine for dcusson surreudered for the sake OF peace
stitutor atty He then entered into long argument in
favor OF squsuer sovereignty stating In the people
we're resisting hat they reasied In the Revolution the
omppocut power Of legislation, and ccnending that
nothing could he found In the constitution decsons
ths supreme Court con'erring supreme ana unlimited
power over The Territories on Congress. Hs denied
that tho people OF tho Territories had power 10
set up any government they please 10 also Vas
II Incompetent tor Congfcss 10 impose upon them
any gtvesnmeni All legislation BY Congress must
have reference TO their admission on an equal
footing with other S.stes. Abiding 10 the fact OF
oil the States assisting In forming the constitution being
sayehoiding except be ssid they having provided
for the continuance Of the slave trade for twenty years.
cculd not be that they aiended TO deprive any portion
Of The people OF tho OF territory obtained by the
and money OF all tho people or subj est them 70
the arbitrary usc OF ~ Congress has omntpo,ent
the Territories. there b nothing 10 prevent
their making any man therein . slave He could not
suppose that such thrg ever entered the minds OF tho
ffamen OF the constitutcn jealous they we're OF
legislative power, and Successfully they resisted A.
and they not the 10 enact upon this
The oppressive power claimed By tne Parliament q
England
No. Ii-Romelius L. Baker, et. al, " Joshua Mach
ncf Justice Campbell delivered the opinion the Court
reversing the decree Of tho Circuit Court OF Uaited
States or the Western district Of Psnnsy vania with cts
and remancns the case directing that the Court dumss
the bin with costs
Nos o and Io-Geo n Stewart and the United state,
70 Charles Le BsronJustce Curtis delivered the opin
ION of the Court reversing the Judgment OF the Circuit
Court OF the United states the southern district OF
Alabama remasdne the cases. with directions 10 award
u>nvs foctas ds scuo.
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