The independent press. (Abbeville C.H., S.C.) 1853-1860, 1857-03-20
The Dred Scott Case.

The decision of the Supreme Court in this
case, has been received by the Abolition presses
ut the North with nn outburst of mingled
rage and disappointment The New York
Tribune regards it rs entitled to rs much NOR
al weight rs the Judgment Of n majority Of
those conyrcgatcd i'll any Washington Bar
room;' as "lictum prescribed by the stump
to the bench" The Eocnimy Post looks upon
the decision the result of conspiracy of
the most reasonable character, to which the
Justices of the Supreme Court, and the leading
members of the new Administration are par
tics. And the Boston Chronicle and the -Atins
have violated common decency and decorum
in the calnmnious epithets which they have
freely lavslcd upon the Supreme Judicial Tr-
bunnl Of the Union. We of the South on the
other hand, regard the decision rs an exposition
of the true theory of the powers of Congress,
and as II triumph Of constitutional principle;
| whilst the moderate men of all parties and the
great body of the people, while acIuicscc in it
as an authoritative declaration, and rs the set
tied law Of the land.
The following extract contains summary of
the various question decided:
l. Negroes, whether slaves or free-that is,
the Cnited States by the Constitution.
=. The ordinance of 1887 had no indcpcnd-
! cnt constitutional force or legal effect suisc-
'Iuently to the adoption of the Constitution,
! and could not operate of itself to confer free
dom or citizenship within the Northwest Ter
rltor Oh negroes not citizens by the constitu-
ton.
g. The provisions Of that act of 1920 COM
monty called the Missouri Compromise, in so
lar rs IT undertook to exclude negro slavery
from and communicate freedom aud citizenship
to negroes in the northern part of the Lousi
ana cession, was n legislative act exceeding the
powers of Congress, and Of no legal effect to
that end.
In ciding these main points the Supreme
Court determined also the following incidental
points:
l. The expression "territory and other prop.
! erty' of the Union in the Constitution applies
in terms only to such territory as the Union
possessed at the tinlc Of the adoption Of the
Constitution.
2. TLl,e rights of citizens of the Unitcl Stat es
cn,yratins into any Federal territory, aud the
power of the Federal Government there, de-
pend on the general provisions of the Consti.
tuition which defines in this, rs in all other
| respects, the prowcrs of Congress.
3. AS Congress does not possess power itself
| to make enactmcnts relative to the persons or
property Of citizens Of the United States in
Federal territory, other than such rs the Con.
stltution confcrs, SO it cannot cOnStitutiOnnlly
delegate any such powers to Territorial Gov
crnmcnt organized by it under the Constitu-
ton.
4. The legal condition of slave in the State
Of Missouri is not affected by the temporary
s'Journ 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 listcn,l to with profound
attention, by n crowded court room: and,
whether as decision of the Supreme Court or
OF the constitutional arguments which it
! stands, will work powerful influence through
out the United States. lis conclusions were
c"ncurrcd in, VIC understand, by six of the
Justices Of the Court-namely, Justices Taney,
Wayne, Catron Daniel, Grlcr and Campbell.
Mr. Justice Nelson read an Opinion in which
he did not enter into the constitutionality of
the Missouri Compromise, but held and on
that ground affirmed the judgment of the
Court below, that slave carried into free
State, whatever might be the laws of that
State, remained q slave whenever returning to
the State in which his owner resided.
Mr.. Justice Cntron also delivered nm Opin
ion, i'll which the freedom of the Northwest
Territory was made to be the net of the State
OF Virginia, which was the original proprietor
OF the Territory and which alone, and not
Congress, had the right to publish slavery
there He expressed himself in very decided
terms against the constitutionality of the Mis-
souri, Compromise.
We are Informed that Opinions dissenting
from the Judgment of the Court will Le dcliv-
cred this morning at ii o'clock by Justices
MsLanc and Curtis.