Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1857-06-03

any ether matter, where il appears from 9th
er parts of the record tisat the eireast Court
had fallen into error. TIN the contrary, it is
the daily and familiar practice OF tbs court
20 reverse on several grounds, where more
than one error appears 10 have been commit
ted. And the error of a Circuit Court in Its
jurisdictions stand on the same ground and
is to be treated in the same manner as any
other error upon which It's judgment is found
ed
7. The decision, therefore, that the judy
ment of the Circuit Court upon the plea IN
abatement is erroneous, is no reason why
the alleged error apparent in the exception
should not also be examined, and the Judg-
ment reversed on that ground also, if it dis
closes want of jurisdiction in the Circuit
Court
s. 1t is often the duty Of this court, after
having decided that a particular decision OF
the Circuit Court was erroneous, to examine
into other alleged errors, and to correct them
if they are found 10 exist And this has
been uniformly done by this court, when the
questions are in any degree connected with
the controversy and the silence of the court
ther and useless litigation.
III
l. The facts upon which the plaintiff relies
did not give him his freedom, and make him
citizen OF Missouri
2. The clause in the Constitution author
ling Congress to make all needful rules and
regulations for the government of the Terri
tory and other property of the United States,
applies only to territory within the chartered
limits Of some one of the States when they
were colonies of Great Britain, and which
were surrendered by the British Government
to the old Confederation of the States in the
treaty of peace 1t does not apply to terri
tory acquired by the present Federal Govern
ment, by treaty or conquest, from foreign
nation.
The case of the American and Ocean In
| surance Companies ayt Canter & Peters,
81 y referred to and examined, showing that
the decision in this case is not in conflict with
that opinion, and that the court did not, in
the case referred to, decide upon the con-
struction of the clause of the constitution
above mentioned, because the case before
them did not make it necessary to decide the
question. -
8. The United States, under the present
constitution, cannot acquire territory to be
| held as colony, to be governed at its will
and pleasure. But it may acquire territory
which, at the time, has not q population that
fits it to become State, and may govern it
as territory until it has population which,
in the judgment of Congress, entities it to be
| admitted as a state of the Union
4. During the time it remains a territory
| Congress may legisate over it within the
scope of its constitutional powers in relation
! to citizens of the United States-and may es-
tablish a territorial government-and the
form of this local government must be regu-
lated by the discretion Of Congress-but with
powers not exceeding those which Congress
/ itself by the constitution, is authorized to ex-
ercise over citizens Of the United States, in
respect to their rights of persons or rights
property.
! |. The territory thus acquired is acquired
| by the people of the United States for their
common and equal benefit, through their
agent and trustee, the Federal government.
Congress can exercise no power over the
rights OF persons or property OF a citizen in
the territory which is prohibited by the con-
| stitution. The government and the citizen,
whenever the territory is open to settlement
! both enter it with their respective rights de-
! fined
=. Congress has no right to prohibit the
citizens of any particular State or States
! from taking up their home there, while it per-
mits citizens Of other States to do so. Nor
has it a right to give privileges to one class
of citizens which it refuses to another The
territory is acquired for :heir equal and COM
mon beneft-and if open to any, it must be
open to all upon equal and the same terms.
| 3. Every citizen has {; right to take with
him into the Territory any article of proper
ty which the constitution of the United States
recognizes rs property. $500. ...
| t. The constitution Of the United States
recognizes slaves as property, and pledges
| the Federal Government to protectit And
! Congress cannot exercise any more author-
ty over property of that description than it
may constitutionally exercise over property
of any other kind.
| 5. The act Of Congress, therefore, prohib-
| iting citizen of the United States from ia
/ king with him his slaves when he removes
! to the territory in question to reside, is an
exercise of authority over private property
which is not warranted by the constitution
and the removal of the plaintiff, by his own
err, to that territory, gave him no title to free
! dom
l. The plaintiff himself acquired no title
! to freedom by being taken, by his owner, to
Rock Island, in Illinois, and brought back to
Missouri. This court has heretofore decided
I that the status or condition of a person of
, African descent depended On the laws of the
State in which he resided
9 1t has been settled by the decisions of
! the highest court in Missouri, that, by the
laws of that State, slave does not become
entitled to his freedom where the owner takes
him to reside in State where slavery isnot
permitted, and afterwards brings him back
to Missouri ...
. CONCiu SION.
1t follows that it is apparent upon the rec
ord that the court below erred in its udgment
] on the plea in abatement, and also erred in
giving Judgment for the defendant, when the
exception shows that the plaintiff was not a
citizen of the United States. And as the Cir
cult Court had no jurisdiction either in the
case stated in the plea in abatement or in
the one stated in the exception, its judgment
! in favor of the defendant is erroneous, and
must be reversed
IMPORTANT IF TRrE-An exchange says
that an agriculturaliSt near Brussels, in Eu-
rope, has been making a series of expert
ments with the most satisfactory results, in
restol ing rancid butter to its original sweet
ness and freshness of taste The operation
is perfectly simple and practicable. The
butter is beaten in u sufficient quantity of
water into which had been mixed chloride
of lime ut the rate Of about % or 80 drops
to every two pounds of butter. After bring
/ ing all the butter into contact with the water
let it stand for an hour Then pour off the
solution, and wash thoroughly in clean wa
/ ter. The small quantity of chloride which