Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1857-04-02
NEW SERIES, NO. IS.
-
TERMS }sI,s0 strictly I'm advanys,
AbIOluC, $500 at the ySeskz end
NATIONALITY OF SLAVERY,
Opinion of Judge Meg,ean.

O4N~AA<L4 Il u OE OLL- LANA
Opinion of Judge Meg,ean.
Dred Scott Us. J. +. H. :Sfyord
[oosrINunD.l
can see no want of preoisSs 10 ths language
oil the Chief Justice his nleaA ng cannot be
mistaken lie states, first, thgStbs third SEQ
ton as giving power to Congress to govern the
territories, and two other grounds from which
the power may also be implied. The objection.
seems to be that the chief a stice did not say
which of the grounds stGts3 considered the
source of the power. Hk t specifically
state this, but he did say - ,bover may be
the source whence the pd,ss .Sg-srived, the pos
session OF it is unquestioned. No opinion Of
the court could have been expressed with q
stronger emphasis the power in Congress is
''hqasstioueS Bet those ss..lo have, latlorts on
to crlticise the opinion consider it without au-
tbority because the Chief Justice did not des-
ignate specially the power. This is singular
objection. If the power be unquestioned, it
can be matter of no Importance on which
ground it is exercised
The opinion clearly was not drbiter dicta-
The turning point in the case was, whether
Congress had power to authorize the territorial
legislature of Florida to pass the law under
which the territorial court was established,
whose decree was brought before this court for
revision. The power of Congress, therefore,
was the point in issue,
The word " territory" according to Worces-
ter. means land, country-a district of coun-
try under temporary government The -
words "territory or other property" as used,
do imply, from the use Of the pronoun other,
that territory was used as descriptive d land
bat does it follow that it was not used also as
descriptive of district of country ir] Ma
of these senses it belonged to the United States;
as land, for the purpose Of sale-as territor5 for
the purpose of government. .
But, If it be admitted that the word territory
as used means land, and nothing but land the
power OF Congress ro organize temporary gov
eminent is clear. 1t has power to make all
needlul regulations respecting the public lands,
and the extent of those 9 needful regulations -
depends upon the discretion of C1ngress, where
the means are appropriate to the end, and do
not conflict with any Of the prohibitions of the
Constitution. If temporary government be
deemed nee3tul, necessary, requisite or is want
ed Congress has power to establish it. "a
court say, in McCulloch dgt the State of Mary
land, Wheat 3l6 {" If a certain means to
carry into effect any of the poS~6oE e4 press
given by the Constitution to s1an,ent
.LssSsMl1ss. .1a N nYCuro5ra
necessity is a
not of judici
roads gives pow
for the trans
transit, or at it5
y gress has power
: the exercise Of its
; which suspends cotnms!
. power, harbors, lighthouses, breakw
are constructed
Did Chief Justice. Marshall, in saying that
Congress governed territory by sxeseisir
the combined powers of the federal ana ssst1
governments refer to unlimited discgetiona y
r government which can make white in alayag
:, Surely such remark IN the axgsi1ent n
!, have been inadvertently uttered. sQr1
e trary there is no power in the Co -
- which Congress can make either fe
= men slaves In organizing ths gEvsr1
- a territory Congress is limited to mea1
), pirate to the attainment of the
!, object. No powers can be@exeFciae1
:. prohibited by the Constitution, or n
:. contrary to it spirit so that whethe
= ecs may be the protection of the 'persynsl
IL property of purchasers Of the public lands or
of communities who have been annexed to. o..Las
. Union by conquest or'parchase, they are iita- :
- tory to the establishment of state governments.
H. anad apra power can be clsEs exercised
z III assary to tlesattailin ,f the end.
n ! a u limitation OF all NJ issai powers.
But Congress bas 10 powee % regulate the
Z internal concerns of state, asaf sterritcfA a .
! some extent, the combined power,ef theft q,
1 and state government are necessarily exeS
$ If Congress should deem dasesof free col6x o.
3 persons injurious 10 the poydIstigao Of 5saa
!. tertiary, Us conducting to lessen thessslaaxf
! the public lands, Or oa any other ground -
!: nected with the public interest, they have The
:. poweFto prohibit them from becoming settlers
4 in it. This can be sustained on the ground Of
90 a sound national policy, which, is so clearly
shown in our history, by practical results, that
- it would seem no consderate individual can
!, question it, And, as regards any unfairness of
:, such policy to our Southern brethren, as urged
:. in the argument. it is.only necessary to say,
that with one fourth of the federal population
: tof the Union, they have in the slave states
~ larger extent of fertile teroiory than is includ
ed in the free states; and it s submitted, if
=, masters Of slaves be restricted from bringing
them into free territory, that the restriction on
" the free citizens of non-slayeholding states, by
bringing slaves into free territory is four times
!" greater than that complained of by the South.
- -, But not only SO, some three or four hundred
y thousand holders of slaves, by bringing them
: into free territory, impose restriction on twen-
ty millions of the free states. The repugnancy
= to slavery would probably prevent fifty or
hundred freemen from settling in slave terri
tory, where one stakeholder would be pssvented
from settling in free territory.
This remark is made in answer TO the argu-t
ment urged, that prohibition of slavery in the
e. Al tsntV