Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-01-02
Important slave Trial before the
Supreme Court Of the United
states.


Important slave Trial before she
Supreme Court Of the United
states.
We have not yet noticed this case which |
is new pending, because we could nc fully !
understand the points at issue. The fol-
lowing from Washington letter-writer,
gives tho history Of the case. We shall
apprise our readers Of the result at the ear
lest moment:
'Dr. Emmerson, OF the q. s. Army,
took with him from Missouri slave nam
ed bred Scott, as body servant TO anil
itary post at Rock Island, in the State Of
Illinois. After remaining there two years,
he removed 10 Fort Smelling, which Is
north Of the line Of 36 80. Atthis post,
slave woman, brought there by Major
Taliafero, and owned by him, was married
to bred Scott, and they had two children,
one Of them born at this post, and another
after the parties had returned TO Missouri.
Neither Of these slaves were ever manu-
mitted by their owners. But under the
Constitution Of Illinois, Slavery is prohib-
tied, and bred Scott could have asserted
his right to freedom in that State. The
other post where Scott and his wife resided
was in Territory from which Slavery il
excluded by the Missouri act Of 1920.
"Scott and his wife were sold by their
ownersto Sanford, against whom the suit
was brought for their freedom. Scott
claimed that, having been voluntarily car
ried by his master into Free State, and
having been their domiciled, he was, upon
his voluntary return with his master, TO
Missouri, free man there, in virtue Of his
temporary residence in free territory
The same claim was made in behalf Of his
wife. The Missouri Court decided adj
verssly 10 the claim, on the ground that
the temporary residence IN Free State
did not make thom free in the State Of
Missouri, unless their owners had signihed
some intention to manumit. them by taking
them into free territory, (which did not
appear 10 be the fact In this case. bred
Scott appeals to the United States Su-
preme Court"
Scott's claim to freedom rests upon two
grounds,-frst, that he was taken volun-
tarily by his master into a State whose
Constitution prohibited Slavery, and resi-
ded there two years;--second, that he
was afterwards taken into Territory from
which, by act Of Congress, Slavery had
been expressly prohibited. His wife's
claim rests upon the last Of these two
grounds alone.
1t viii be seen that ifthe Supreme Court
sustains tho right Of Congress to prohibit
Slavery in Territory, and also holds that
the master lost his right of property by
taking tho slave into Territory where
Slavery could not legally exist, both Scott
and his wife must be decided TO be free.
These two points, II decided in favor Of
the claimants, will cover tho whole case.
If the decision is against them, on either
point in SCOTS case the remaining point
must be considered namely, whether a
residence Of two years in a Free STATE
with the consent Of his master, entities
him TO his freedom. The question which
this involves Is, substantially, whether any
State has the right to abolish Slapcry,--or
whether slave property isso recognized or
protected by the Constitution Of the Uni
ted States that It can not be impaired or d.
vested by State laws.
The South has Of late years claimed that
they hold their slaves as absolute proper
ly--and that the Federal Constitution re-
CARDS and recognizes them as such. Ifthis
is so to lis full extent, then all the rights
Of property must 60 with them, and they
must DO protected In exercising those rights
wherever the Federal Constitution is the
supreme law Of the land. The opposite
view has been that slaves. II property at
all, werc SO only by virtue Of the local
laws Of the State in which they are
held, and that the Constitution recognized
property in slaves only so far as II rccogni.
yes the right of each State to mako such
laws, IL II sees ct.
The decision of this point is Of the most
fundamental Importance Itmay be eva
dcd by tho Supreme Court in this case
but only by sustaining the power Of Con-
gross to logislate on the subject Of Slave
ny in the Territories.