The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1857-03-18
From the National In.egencer, March7
IMPORTANT DECISION OF THE SUPREME
I,nIRI.

From the National Inselligencer, March 7.
IMPORTANT DECISION OF THE SUPREME
COURT.
The Opinion Of the Supreme Court in the
case Of Scott vs.. Ssndiord was delivered
Yesterday BY Chief Justice fancy. II was
sall an elaborate statement Of the views OF
the e-aart, and decides the following ail-lm-
por'ane points:
A. Negroes. whether slaves or free--that y.
fncr Of the African race--are not citizens o.
the United States BY the Constitution.
2. The ordinance Of 1897 had no inde-
,pendent constitutional force or legal effect
subsequently to the adoption Of the Constltu-
ton. and could not operate Of itself to confer
freedom or citizenship within the Northwest
Territory on negroes not citizens ~ the
Constitution.
5. The provision Of the act of 1890, com.
monty called The Missouri Compromise, 10 SO
far as il undertook to exclude negro slavery
from and communicate freedom and friend
ship to negroes in the Northern part OF the
Louisiana cession, was Legislative act ex-
ceedlng the powers ct Congress, and void and
Of no legal effect to that end.
In deciding these main points tAe Supreme
Court determined also the following inciden-
tai points:
1. The expression " territory and other
property" Of the Union ia the Constitution
applies in Terms only to such territory as the
Unlon possessed at the time OF the adoption
OF the Constitution.
.. The rights OF citizens OF the United
States emigraling into any Federal Territory,
and the power Of the Federal Government
there. depend on the general provisions OF the
Constitution. which define III this, as ~ all
other respects, the powers Of Congress.
5. As Congress does not possess power
itself 10 make enactments relative to the per-
sons or property Of citizens OF the United
States in Federal territory other than such q
the Constitution confers, SO II cannot cnn-
s'itutionaly delegate any such power to q
Territorial Government organized BY Il under
the Constitution.
4. The legal condition Of slave in the
State Of Missouri is not affected By the TEN
porary soiourn OF such slave in any Other
State, but on his return his condition still
depends on the laws OF Missouri.
The delivery Of this Opinion occupied
about two hours. and was listened to wIti
profound attention BY crowded court room
aud, whether as decision OF The Supreme
Court or for the constitutional arguments on
which il stands, will work a powerful in.
fuence throughout the United States. LIS
conclusions were concurred in, We UNDER
stand, BY six Of the Justices Of the Court
namely Justices fancy, Wayne, Catroni
Daniel. Grier, and Campbell.
Mr. Justice Nelson read an Opinion in
which be did not enter into the constitution
atty Of the Missouri Compromise, but held
aud on that ground affirmed the Judgment o.
the Court below, that slave carried INTO Z
free State, whatever might be the laws oi thai
State, remained a slave whenever returning
% tie State in which his owner resided.
Mr.. Justice CairOn also delivered an Opln'
ian, in which the freedom Of the NorthWes
Territory was made to be the act OF the STATE
81 Virginia, which was the original proprietor
az the Territory, and which alone, and no
Congress, had the right 10 prohibit SLAYER,
there. lie expressed himself in very decided
terms against the constitutionalIty VI thu
Missouri COMPROMISE.
Neare informed that Opinions dissentin!
from the judgment Of the Court will be de
llsered tins morning at ! o'clock BY Justices
Mclean and Curtis.
Washington, March Z.
Judge Mclean delivered his views til,
morning in the Supreme Court in the Dret
Scott case, arguing that slavery IS limited I,
the range OF the States where IL is established
BY mere municipal lae. Il Congress desn
slaves or free eUIored persons Injurious 10 |
Territory. they have power to prohibit then
from becoming settlers therein. Power I,
acquire territory carries power to govern il
The Master does not carry with him TO the
Territory the law OF the State from which he
removes. and hence the Missouri Compromise
70 constitutional aud the presumption Is IN
favor Ui freedom. bred Scstt and his family
we're free under sl the decisions made for
thelsst tnenty-eIghl years.
Judge Curtis dissented from the opinion
ofihe minority Of the Court % delivered By
Chief Justice fancy, and gave his reasons
Tor the dissent.
OBSERVATION-DISCLOSURES