Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-04-24

the northwestern country, and to
give strength and security TO that ex-
tensive frontier. In the salutary op-
GRAFTON Of this sagacious and benev-
olent restraint. il is believed that the
inhabitants will, at no very distant
day, find ample remuneration for a
temporary privation Of labor and of
emigration q vol. State papers,
Public Lands, 1907
The judicial mind Of this country,
state and Federal, has agreed on this
subject, within its legitimate action,
with equal unanimity us on the power
Of Congress TO establish territorial
governments. No court. state or
Federal, no judge or statesman, is
known TO have had any doubts on
this question for nearly sixty years
after the power was exercised. Such
governments have been established
from the sources Of the Ohio TO the
Gulf Of Mexico, extending TO the
lakes on the north and the Pacific
Ocean on the west, and from the lines
Of Georgia TO Texas.
Great interests have grown upunder
the territorial laws over country
more than five times greater in extent
than the original thirteen states, and
these interests, corporate or other
wise, have been cherishcd,and consol-
idated by benign policy, without
any one suppcsing the law-making
power had united with tho judiciary,
under the universal sanction Of the
whole country TO usurp a jurisdiction
which did not belong TO them. Such
a discovery at this late date, is moro
extraordinary than any thing which
has occurred in tho judicial history Of
this or sny other country. Texas,
under n previous organization, was
admitted as q state, but no state can
be admitted into the Union which has
not been organized under some form
OF governments. Without temporary
governments, our public lands could
not have been sold, nor our wilder
nesses reduced TO cultivation, and the
population protected, nor our flour
ishing states, west and south, been
formed.
When Dred Scott, his vito and
children wero removed from Fort
Smelling TO Missouri, in 1888, they
were froo, as the law was then settled
and continued for fourteen years af-
terward, up TO 1852, when the above
decision was made. Prior TO this, for
nearly thirty years, rs Chief Justice
Gamble declares, the residence Of q
master with his slave In the state of
Illinois, or in the territory north Of
Missouri, whore slavery was prohib-
tied by The net called tho Missouri
Compromise, would manuinit tho slave
as effeotually as IL he had executed
decd Of emancipation and that IN
officer OF tho army who takes his
slave into that state or territory. and
holds him there as slave, libcrates
him the samo as any other citizen,
and down TO the above time Il was
settled BY numerous and uniform dc.
ciaions and that on the return of tho
slave 10 Missouri, his former condition
OF slavery did not attach. Such was
the settled law Of Missouri, tll the
decision of Scott and Emerson.
Under the llfth head wo woro 10
consider whothor tho states of slavery
attached 70 tho plaintiff and w.fc, on
their return 10 Missouri.
The doctrine Ii not asserted in the
late opinion Of the Supreme Court Of
Missouri, and up 10 1872, tho contrary
doctrine was uniformly maintained
by that Court.
In It's late decision the Court say
that II will not give effect in Missouri
10 the laws Of Illinois, or tho law Of
Congress called tho Missouri Com.
promise. This was tho effect Of tho
decision, though II, terms were, that
tho Court would not take notice, ia.
dicially, Of those laws,
In 1851 the Court Of Appeals Of
South Carolina recognized the princi-
pie that a slave being taken 10 free
state became free. Commonwealth
Va. Peasants, 10 Leigh Rop,, 694.)-
In Betty VS.. Horton, the Court Of
Appeals held that the freedom OF the
slave was required by tho action of
the laws of Massachusetts,, by the
said slave being taken therc. Is Leigh
Rep, 615.)
The slave states have generally
adopted the rule, that where mas
ter. by q residence with his slave in
state or territory whore slavery is
prohibited, the slave was entitled TO
his freedom everywhere. This was
the settled doctrine of the Supreme
Court of Missouri. II has been 80
held in Mississippi, in Virginia, in
Louisiana, formerly in kentucky,
Maryland, and in other States.
Illinois has declared in the most
solemn and impressive form that there
shall be neither slavery nor involun-
tary servitude in that state, and that
any slave brought into it, with view
Of becoming resident, shall be eman-
cipated. And effect has been given
to this provision Of the Constitution
by the decision of the Supreme Court
Of that state. With full knowledge
of these facts q slave is brought from
Missouri to Book Island, in the state
of Illinois, and is retained there as q
slave for two years, and then taken
to Fort Smelling, where slavery is
prohibited by the Missouri Compro-
mise Act, and there he is retained
two years longer in state of slavery.
Harriet, his wife, was also kept at
the same place four years as slave,
having been purchased in Missouri.
They were then removed to the state
of Missouri and sold as slaves, and
in the action before us they are not
only claimed as slaves, but majority
of my brethren have held that on
their being returned to Missouri, the
status of slavery attached to them.