, 1857-05-08
The bred Scott Case

The opinion Of the United States Su-
preme Court has been delivered in the
famous Dred Scott\ case. Chief Justice
fancy gave full and elaborate statement
Of the views Of the Conrt The decision
has created immense excitement. The
Court has decided the following important
points:
EUst--Negroes, whether slaves or free,
that is men of the African race, are not citi.
zcus by the Constitution.
Sco0nd-The ordinance OF 1881 had no
Independent constitutional force or legal
effect subsequently to the adoption of the
Constitution, and could not operate of itself
to confer freedom or citizenship within the
Northwest Territory Oh negroes not citi-
zcns by the Constitution.
IHird-The provisions of the Act Of
1920, commonly called the Missouri Com
promise, so far as it undertook to exclude
negro slavery from, and communicate
freedom and citizenship to, negroes in the
northern part Of the Louisiana cession, was
a Legislative act exceeding the powers of
Congress, and voID, and Of no legal effect
to that end
In deciding these points, the Supreme
Court determined the following incidental
points:
FVst-The expression Territory and
other property" OF the Union, in the Con-
stitutOn, applies ''in terms" only to such
territory as the Union possessed at the
adoption of the Constitution.
Sceond-The rights Of citizens of the
United States emigrating into any Federal
territory, and the power Of the Federal
Government there depend on the general
provisions Of the Constitutions, which de-
fines in this, as in all other respects, the
powers of Congress. 500
THird-As Congress does not possess
power itself to make enactments relative
to the persons or property Of citizens Of
the United States, in Federal Territory,
other than such as the Constitution con-
fers, so it cannot constitutioaally delegate
any such powers to Territorial Govern
ment, organized by it under the Constitu-
tion.
F0urth-The legal condition Of slave
in the State Of Missouri is not affected by
the temporary sojourn Of such slave in any
other State, but on his return, his condi-
ton still depends on the laws Of Missouri.
As the plaintiff was not citizen Of Mis-
souri,, he, therefore, could not sue in the
Courts of the United States. The suit
must be dismissed for want Of Jurisdiction,
The delivery Of this opinion occupied
about three hours, and was listened to
with profound attention by a crowded
Court Room. Among the auditors were
gentlemen Of eminent legal ability. -,
Ge5~ The following facts form the ground
Of action in the case of Scott vs.. Sanford,
lately tried in the Sumrcme Court at
Washington, and which involves the consti-
tutionality Of the Missouri Compromise.
Some years ago q stakeholder Of Mis-
souri, voluntarily took one Of bis slaves to
Illinois to reside with him. The slave
claimed his freedom, as slave could not
legally be held in Illinois. His freedom
was acknowledged by his MASTER Subse-
quently the black man visited 81. Louis,
and was crrested by bis former master as
his property. The case was tried, and
Judge Scott, Of st. Louis, decided The man
to be property, and the slave Of the claim
ant. That though free while in IlljRoisg
he relinquished his right to freedom by,
coming to Missouri. From this decision an
appeal was taken, and has been tried
in the Supreme Court at Washington. q