The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-03-13
q. 8. Supreme Court-.-0pinion In tho
.a.{ bred Scott Case. 'i 81 '.'
WASHINGTON, March [

+.i bred Scott Case. ''
WASHINGTON, March 6.
The opinion Of the Supreme Court in tie
bred Scott case was delivered by Chief Jus.
ticc fancy, in this Court, to-day. 1t Is a
full and elaborte statement Of the views Of
tho Court. They have decided the following
all.important points -
First-That negroes, whether slaves OF
free, that is men Of the African race. arr
not citizens OF the United States, by the
Constitution. ~.
Second-Thc ordinance Of 1887 had nc
independent constitutional force or Legal ef.
feet subsequently to the adoption OF the
on.titution, and could not openite Of itselI
to confer freedom or citiz .nship within the
Northwest Territory, on negroes, not citi-
Gems nv the Constitution.
8. Tho provisions Of the Act OF 1890, com.
monty called the Missouri Compromise, IN
~ far us il undertook to exclude negro slave
~ from, and communicate frecdom and cit
iienship T., negroes within the Northern
part of the Louisiana cession, was legis'
iative act exceeding the powers of Congress
and void and Of no legal effect to that end
In deciding these main points, the Su.
preme Court determined the following Incl.
dental points,
First-The expression " Territory and
other property of the Union," applies, In
terms, only to such territory ~ the Union
possessed nc tho time Of the adoption Of the
Constitution.
Second The rights of citizens of the
United States. emigritinS into any irlerll
Territory, and the power of the FEEDER i
Government herein, depend on the general
provisions of the Constitution, which defines
in this Us in NIL other respects, the powers
Of Congress.
Third-As Congress docs not possess pow.
or itself to make cnactmeuts relating a. the
er,Ons Of property Ofciizens of the United
States in Federal Territory, other than
such us the Constitution coniers, % il can
not constitutionally delegate any such pow.
ers To Territorial Government organized
by Il under the Constitution
FJurth-Thc legal condition Of slave in
the State of Missouri is not affected by the
temporary s,,journ OF such slave in any 9th.
or State, hut on his return his condition
stll depends on tho laws Of Missouri.-As
the plaintiff was not q citizen Of Missouri,
no therefore could not sue in the Colrts OF
the United States. The suit mus. be dis
missed for want of jurisdiction.
The delivery of this opinion occupied
about three hours, and was listened to with
profound attention by crowded court.
room. Among the auditors wero gentlemen
of eminent legal ability, and n duo proper
ton of ladies.
Judge fancy stated che merits Of the case
The question was whether or not the remoy-
al of Scott from Missouri, with his master,
to Illinois, with view Of a temporary resi-
dence there, worked his emancipation. He
maintained that the question depended
wholly on the law Of Missouri, and for
that reason the judgment Of the Court below
should be affirmed.
Judge Capron believed tho Supreme
Court has jurisdiction to decide the merits
ofthc case. He argued that Congress could
not do directly what 1t could not do inii-
rectly. lit could exclude one species Of
it could exclude another. With
regard to the Territories cclcd, Congress
could govern them only with the restrictions
Of the States which ceded them, and the
Missouri act Of 1890 violated the leading
features of the Constitution, and was there
fore void. He concurrcd with his brother
judges, that Scott is slave, and was ~
when this suit was brought.
Several other judges are to deliver their.
opinion Tomorrow.
WASHINGTON. March :.
Judge Mclean delivered his views in the
bred Scott e.sc to-day, arguing that slavery
is limited to the range OF the State, where Il
is established by municipal law. Ir Con.
,ress d EN- slaves or FREQ colored persons IN.
furious to u Territory they have the power
10 prohibit them lrUiD becoming settlers
therein. The power to acquire territory
slrrics the power D govern It. The master
locsnot carry with him To the territories
the law oft,.e State from which he removes
hence the Missouri Compromise was consti.
ntional, aud the presumption is in favor Of
recdom. bred Scott and his family vera
rec under the decisions Of tho last % years
Judge Curtis dissentesl from the opinion OF
no Court, as delivered by Chief Justice Tan |
y, and gave his reasons for tho dissent.
Jusfce CuRriss Or MON.
Justice Curtis maintained that NATIVE
'orn colorel persons c,n b, citizens of State
nd of the UditCd Ss,te,. That Drd Scott /
md hrs iamily wcrc Tree when they return.
u ~ Missouri. That tho pIwr Of Con.
,ress To make all neslfal rules and regula.
hons respecting the Territories WAS not M
hom.jority OF the court expressed limited
. territory belonging 10 the Unitd States
L the time Of the adoption Of the Cnn,titu.
ion, but has becn applet To Eve Subsequent
cquIsilions Of land. That Congress has
'ower to exclude slavery from the terrific.
les having established the territorial gov.
rnments without slavery. aud recognized
lyery In Elk territories from the DAYS Of
Washington to John Quincy Adams.
These opinions occupied about five hours
u delivery.
Judges Wayne. Gricr, Campbell and
)aniel. hid papers cxI rcssing their views
N certain points Of tho opinion Of the
,ourt, hut did not Rad them.
The Court then adjourned until the time
Krd by Law.
MrSrciPAL CuY ELECTIONS. The reput-