Southern sentinel. [volume] (Plaquemine, Parish of Iberville [La.]) 1848-1858, 1857-04-11
THE DRIED SCOTT CASE.

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The decision in this case Of the Supreme
Court of the United States, has created more,
or as much, interest, probably, throughout the
country than the rendering of any decision by
that Court of any case since the foundation of
the Government.
Its Importance therefore renders it necessary
that our readers should know the outline of
the case and the grounds taken in the deci7
sion or opinion of the Court.
An exchange says
Some years since q DR., Chaffee, then a wi
dover, married the widow of DR.. Emerson
of Missouri, who had died leaving to his wife
and only daughter a considerable slave proper
ty. Among the slaves was bred Scott and his
family; and as DR.. Emerson, in the performance
of his duties as a surgeon in the United States
! Army, had carried this family into Illinois, they
| on his death, claimed their freedom, and bro't
a suit to enforce it. This suit, thus brought,
was defended by the administrator of the es-
tate on behalf, and with the consent of, the
wife of Dr.. Chafee and her daughter, the heirs
at law. The decision of the bench that bred
| Scott was not d citizen of the United States,
and could not sue in the u. S. Court, has res
mandtd him and his family to the chattlehood
Of Mrs. Chatfee.
The following are the all.important points
established by the Supreme Court in the above
case
/. Negroes, whether slave or free-that is,
men of the African race-are not citizens of
Al FY-st.l C4otan l., IL TN---AsAGs--
2. The ordinance of 1887 had no indepens
dent constitutional form or legal effect subse>
Quently to the adoption of the Constitution,
and could not operate of itself to confer frees
dom or citizenship within The Northwest Ter
ritory, on negroes not citizens by the Consti-
tuition.
3. The provision of the act of 1920, CONS
monty called the Missouri Compromise, in so
far as it undertook to exclude negro slavery
from, and communicate freedom and citizen
ship to negroes in the Northern part of the
Louisiana c~ession, was a legislative act exceed
ing the powers of Congress, and uoid, and of
no legal effect to that end. In deciding these
main points, the Supreme Court determined
the following incidental points:
/. The expression, "territorY and other pros
perty' of the Union, in the Constitution, ap.
plies IN terms only 10 sach territory as Inc UNI
on possessed at the time of the adoption of
the Constitution.
2. The rights of citizens of the United
States, emigrating into federal territory, and
the power of the federal government there,
depend on the general provisions of the Con-
s%titution, which defues in that, as in all other
respects, the powers of Congress.
3. AS Congress does not possess power it.
self to make enactments relative to the per-
sons or property of citizens of the United
States in federal territory, other than such as
the Constitution %confers, so it cannot c~onstitu-
tionally delegate any such power to a terrific
rial government organized by it under the Con-
s%titution.
4. The legal condition of q slave in the
State of Missouri is not affected by the tenn
Porary s%ojourn of such slave in any other
State, but on his return his condition still de-
ponds on the laws of Missouri.
The delivery of this opinion occupied about
two hours, aud was listened to with profound
attention by q crowded court room and, whe.
Their as a decision of the Supreme Court. or
for The constitutional arguments on which it
stands, will exert the most powerful and salus
tary influence throughout the United States.