New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-17
UNITED STATES SUPREME COURT.
WASHINGTON, Tuesday, Dec. 10, Is


No. IL: Romel illus l.. Baker ct al VS.. Joshua Mach
bief. Justice Campbell delivered the opinion OF tue
Court reversing the decree of the Circuit Court OF the
United States for the Western District OF Pennyva.
nia with costs and remandng the case directing that
the Court dismiss the bill, with costs.
Nos. and 10: Geo. n. Stewart and the United
States w. Charles lie Baron. Justice Curtis delivered
the opinion Of the Court reversing the judgment of
The Ccu Cont of the United States for the Southern
District Of Alabama remanding the cases, with drec-
tiOrs to award renire tactaS de moro.
After the adjournment of two minor cases, the argu.
ment in the case of bred Scott vs j. +. A Sanford
was resumed.
Mr. Geyer, for the applicant, took the broad ground
that an African incapable of being made citizen,
and that it had been 60 decided by the Courts In
number Of cases.
At the time Of the adoption Of the Constitution, every
State, except one of the Saveholdng States In the
Convention for the adoption OF the Constitution, left
open the African slave trade for twenty years; and to
bis mind it was not the intention of the trainers Of that
instrument to make importation OF material for c
zenship.
Mr. Geyer continued: The law of Missouri says that
if negro comes to that State with naturalization pa-
peIs from another State, he shall not be whipped, but
Il does not recognize him citizen. II the master
carries a slave into State where Slavery does not
exit and the slave is not discharged by local law, and
then takes him back TO State where Slavery il estab
shed the lster Is not bound to enforce the law OF the
other State exact the forfeiture imposed He de-
MED that slave emsncipated by residence in
Free State /. has been decided everywhere that the
mere temporary residence OF the master in slave
bcldipg State did not emancpate the slave; He
referred to the Constitution OF Illinois, which, he IN
derstood WIS intended TO interdict the Legislature
from, by law, establishing Slavery, but was not
to affect slaves in trensitu. In the case of Mas.
sscbuseiis We. Ames, the slave was released
by habeas corpus not BY the laws OF the State 50 IN
the Of Illinois, there is no physical legal or moral
compulsion against slave passing through tina, State.
He thought when the question was examined prece-
dents could be adduced recognizing the right OF Con-
gress to establish municipal governments 10 the Teri,
tories but denied that there had been any judicial
decision allowing them 10 go beyond. 1. wa'a re-
maIkabe fact that every attempt to iesislate on ssv
ery was made not under the Constitution, bat kinder
the pretepse of a compact. The act OF los ana
ery, but en- exercise of commercial power. In
fact. those very acts recognize the existence
of Slavery by local laws, and protect II.
He gave history of the Missouri Compromise, which
was spreed to Only the pressure Of circumstances
TO enable the admission Of Missouri. He thought the
South there being tide Tor discussion, surienaersa
il f. TIE sake Of peace, without considering tne qaes
ton on the ground OF its eons'ituiionaly ne men
ensrfd INTO long aryuneut 10 favor Of squstter SOW
,recntv stating that in it the people were resisting
what they resisted in the Revouhoo the 0mniF0'eG,
mower OF ec laton and conclu ding thai notA'ng coud
be found in the Cor stuon or DECISION: o. inc supreme
Cont corferiug supreme and unlimited P: ser over
the Territories on Congress He denied that the people
of the Territories had power TO set up AM
they please So also was II iccompe'eh. ~
to impose rpon them any government. All lesslAuoa
by Congress must have to their ADMISSION on
an equal footing with other States. Aludins to the
fact Of all the States assisting in forming the
Constitution berg sayeholdine, except one
be said, they having provided for the continu'
snce al the slsve trade for tweucy years,
could be thst they intended to deprive any por
iion Of the people Of the of territory ottsned BY
The anne and money Of all the people sueect them
10 the arbitrary use cf il FCongrcss hiss cnnipotent
nov er over ire Territories there nohog to prevent
theii making any man therein slave. He oor.d rot
Names of the Consttution, Jealous a. ttsy we're OF
eai Iasive power aud successfully a. The resisted it.
ed ,ber were ct tie men :, enact cpcr thu cotnsns