Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-03-26

claimed to hold each of then Is slaves.
"At the times mentioned in the plaintiff
declaration, the defendant, claiming to be
owner as aforesaid, laid his hands upon said
plaintiff, Harriet, Eliza and Lizzie, and i'm.
prisioned them; doing this respect, however
no more than what he might lawfully do
if they were of right his slaves at such
times"
The Chief Justice proceeded to examine
The statement, assuming that this part of the
controversy presented to questions:
Firstly Was he (ScotD and all mis- family
free in Missouri; and
Secondly If not, were they freely reason
Of their removal to Rock Island, limbs.
The act Of Congress on which the plain.
tiff relies contains the clause, that slavery
and involuntary servitude, except for crime,
shall he forever prohibited in that part oil
the territory acquired by treaty from Louisi-
ana, and not included within the limits OF
the State of L 1uisisna. The difficulty which,
meets US al the threshold is, whether Con-
gress is authorized to pass sneh a law under
the powers granted TO il by the Constitution
The plaintiff Gwells much on the clause
which gives Congress power to make all
needful rules and regulaticns respecting the
territory or other property Of the United
Stotes.' But this provision has no bearing
on The present controversy. The power
there given is confined to the territory which
then belonged to the United States, and can
have no influence on the territory which
was acquired from foreign Governments.-
The Justice then referred to the cessions OF
land by Virginia and other3 States, saying
the only object was to PIT az, End to exist
ing controversies, and to ehs8H Congress
to dispose Of the lands for the common
benefit. Und. .uttedly the power of fsoverein.
iy and eminent domain was ceded in the
act. This was proper to make it essential.
There was .hen no Government in existence
with enumerate powers. What was called
the States, were thirteen independent col
onies which entered into confederation fol-
mutual protection. 1t was little more than
Congress of Ambassadors, in which all
had common concern. 1t was this Con.
gress which accepted The cession from Vir.
ginia. They had no right to doso under
the articles of the Confederation, but they
had right as Independent powers to &C.
cept the land for the common benefit, anc
it is equally iclear, having no superior te
control them, they had right to exercise
absolute dominion, subject only to the re-
strictions which Virginia imposed. The
ordinace of 1887 was adopted, by which the
territory should be governed, and among
other provisions was one that slavery or in
voluntary servitude-should be prohibited ex
cept for crime.
This was the state Of things when thu
Constitution was formed. The territory
ceded by Virginia belonged to The severa
C Moderate States as common property.
The States were about 10 dissolve the Con
federation, and surrender portion Of the
power for the formation OF a new Govern
ment, and the language used fiWited ant
specified the objects to be accomplished =
Ii was obvious that some provision was now
Necessary to give the new Government thu
power to carry into effect every object fo
which the territory was ceded. 1t vas ne
cessary that the lands should be sold to pay
the war debt, and that power should be giver
to protect the citizens who might emigrat,
there with ,,,beir rights of property, arms
military stores. (as wei as ships of war,
| were the common property Of the State
| existing in their dependent character, AN,
they had a right to take their property tt
the territory, without the authority of tht
States The object was to place thed
things under the guardianship of new gov
ernment, which gives Congress the powe
'to make all needul rules and regulation
respecting the territory or other property O
tie Unitcu States itapplied only to pro
| pertv held in common at the time, and no
with reference to any property which tn
sovereignty might subsequently acquire.
applied to the territory then in ex;sienc
and known as the territory of the Uunite,
States-,hen in the mind of the trainers O
the Constitution. 1t refers 10 the sale o
ra sing Of money. This is different IRON
the power to ..Legislste over the territories
| With the words 'to make all needful rule
and regulations respecting the territory ar
coupled the words and other property of tn,
United States And the concl luding word
render this construction irresistible: San,
nothing in this Constitution shall be so con
strued as to prejudice any claims of tn
United States or any other particular State
1t is obvious that Congress, under th
new government, regarded the above claus,
as necessary to icarry into effect the prin
ciples and provisions OF ths-, Ordinance o
1887, which they regarded as an act of tn
States. in the exercise of their politica
power at the time. and these representa-
tives of the same States under the new Gov
ernment, did not think proper to depart from
any essential principle, and did not attemp
TO undo anything that was done.
As to territory acquired without The limit
of the United States, it remains territor,
until admitted into the Union. No powe
ii given in the Constitution to acquire ter
ritory to be held and governed in that char
acter; and, Consequently, there cannot sb
found in the Constitution any definition O
power which Congress may lawfully exercis,
be fore it becomes State. The power t,
acquire territory until it is in condition Il
become State on an equal footing will
the other States must necessarily rest OIL
sourd discretion, and it becomes the duty o
the Government to administer the laws o
the United States for the protection of per
sonal rights and property therein.
Whatever territory is acquired is Cor tn,
common benefit of the people ~ lee Un ite,
States, which is but trustee II The tim,
territory was obtained rom Frsaceit con
tanned no population to be admitted as
State, and it therefore became necessary tt
hold possession of it until settled aud in
habited by a civilized community, capabl,
of self-government. and for a mission Il
the Union. But, as we before said, it wa:
acquired by the Federal Government as the
representative and trustee of the people O
| the United States, and must be held fo
their common and equal sbenefit; for it wa,
the acquisition Of the United States, actiuu