Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1857-03-21
The Dred scott Case Decided.

! The Dred Scott Case Decided.
i The following is the telegraphic repor,
lof q majority of the Judges ofthe Supreme
Court Of the United States, in the above
lease. 1t will'be seen, that slavery gets in
1.-THE case all that it could ask. Judge Nc
Lean dissented from the opinion of the
Iotherss and no doubt correctly:: 81
/ WAsHINeToN, March 6.-The opinion Of
1.-THE Supreme Court in the bred case was wa,
delivered by Chief Justice fancy. 1t was
la full and elaborate statement Of the views
lof the Court. They have decided the fol-
lowing all-iniportant points: 81 a
i lst. That negroes, whether slaves or
free, that is, men of the African race, are
mot citizens of the United States by the
i Constitution.
/ Cd. That the ordinance of 1857 had no
independent Constitutional force or legal
1effect subsequent to the adoption of the
/ Constitution, and could not operate Of it
lself to. confer freedom on citizens by the
j Constituticn.
] Sd. That the provision Of tie act of
1920, commonly called the Missouri Com
promise, in so far as il undertook to exclude
NEGRO slavery from and communicate free
ldom and citizenship to negroes in the
Northern part Of the country-the Louisi-
lana cession--was a legislative act exceed
ling the powers Of Congress, and void and Of
no legal effect to that end. ID,
In deciding these main points the Supe-
1ricr Court determined the following Incl
dental points: lst. The expression "terri-
jtory and other property of the Union in
the Constitution, applies in terms only to
such territory as theUnion possessed at the
time Of the adoption Of the Constitution.
/ I'd. The rights Of citizens Of the United
Estates emigrating to any federal territory,
and the power Of the Federal Government
There, depends on the general provisions Of
1.-THE. Constitution, which defines in this, as
well as all other respects, the powers Of
1 congress. a .. ~, - 4 s.
Sd. AZ Congress does not possess pow
er itself to make an enactment relative to
1.-THE persons and property Of the United
States in federal territory other than such as
j the Constitution, confers, SO it cannot con
stitutionally delegate any such powers to a
Territorial government organized by it I'M
der the Constitution.
j 4th. The legal condition Of a slave in
the State of Missouri is not affected BY
temporary sojourn of suchs slave in any other
State, but on his return his condition still
Il l., H. e Az to
plaintiff was not a citizen Of Missouri, and
therefore could not sue in the courts Of the
United States, the suit must be dismissed
for want of jurisdiction.
The delivery of this opinion occupied a
bout three hours, and it was listened to
with profound attention by crowded court
room. Among the audience were many
gentlemen Of eminent legal ability and a
due proportion of ladies. Justice Nelson
stated the merits of the case, the question
being whether or not the removal Of Scott
from Missouri with his master to Illinois
with the, view Of temporary residence,
worked his emancipation. He maintained
that the question depended wholly on the
law of Missouri, and for that reason the
judgement Of the court below should be at
1 firmed. = s 8 t@zsAe + - e. 50
i Justice Catfon believed the Suprem
i Court jurisdiction to decide the merits Of
the case. He argued that Congress could
mot do directly what it could not do indi
lrectly. If it could exclude one species o.
property it could another. With regard tc
\ the Territories coded. Congress- could gov
fern them only with the restriction Of the
States. The Missouri Compromise of 1920
violated the leading features Of the eonsti
tuition It. was therefore void. He con-
! CURED with his brother Judge, that, Scott
i is a slave and was SO when the suit was
brought.
Several Of the othef Judges are todeliv-
er their views tomorrow. 8ssa ioa
II
~ r ~ 4H.l.