The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-06-11
TERMS,--S2,01

staags-l -
, G eat Britain and which were surrendered
by the British Government to the old confed-
Grafton Of the States, in the treaty ofpeace. 4.
docs not apply TO territory acquired by tiIs
present Federal Government, by treaty or con-
4ue,t from a foreign nation. "a.
The case Of the American end Ocean Tnsur-
ance Companies agt. Canter q Peters, 5I1) re-
ierred to ana examined, showing that the de-
cision in this case is rot in c0nfict with that
opinion, and that tie court did not, Ia the case
ruielred, dec Dc upon the construction of the
clause OF tie Constitution above m.ntioned, be,
o! the ea'e before them did not make it Eeeessa-
~ to eide Inc question. ..a .,.
.. The UnIlcG States, under the present con-
stltuiion, cannot acquire territory 10 be held as
colony, to be governed at its Bil and pleasure.
Bnt it mag acquire territory which, at ihe time,
bas not Population that fits it 10 becomes.
State, and may goyern it as a territory unt:lit
has POI fulation which, in the judgment Of
Congress, entities it to be admitted US a Szae Of
the Union. r.,sa..s
4 Dar!gg tho tms it remains a territory,
Congress may legislate over it within the ,ssoue
GIFTS constitutional pOwers ia reiatiea 10 eli
zens Of Tie United S,ates--and may establish
territorial goyernment-and the form OF this h.
cal government must be regulated BY the dis
crelion Of Ctngress--hut with powers hot ex-
c.ed ng those Which Congress itseIf, by the con-
stitut.on, is author zed to excrczc over eifizens
Oh lie United States, in respect to thsirl gh.a
y persons or rights 81 property
". sa, .a,si
J. The Territory thus acquired, is acquired
b. the people a the United States Tor their com-
N anu equal beneft, through their agent and
trustee, the eleIal government. Congress
can exercise no power over he rights Of per-
sons or propyrty OF a citiz IN tie territory
which IS prohibited by tne constitution. The
government and the citizen, whenever llte terri
orYls open 10 settlement, both enter it WITH
their respective rights defined and Limited by
the Constitution. 4.tbf
2. Congress his no r.ght ta prohibit the citi
zens ofauy particular State OF States from taxi
ng Up the.r home there, while it permits citi-
zens Of otter States 10 So Nor has il right
to give privileges TO one class Of citizens which
it refuses 10 another. The territory is scpuir
cd iar their equal and common beneat--and il
open to 2ny, 1t must be open to ali upon equal
and the same terms.
3. livery citizen has a right to tako with
h1a into the Territory any article oi property
which the consultation recognizes as yj1ppeFt5
4. The consti ation Of tic United STATES re-
co9n zcs slaves az property aid pledges Tie
Federal government to protect t. And Con-
sfesa cannot exercise any more aalhotiIy OVER
pmperty Of hat description t:sn it see.f G.sr.
it t5on;rly exercise over ploi egty Of my l.Ler
kind
8 The act of fConoress therefore, proai,,it-
ing a cia2cn Of tbs United States i3'oia taiins
With him his slaves vhenshe removes to the
terri2ry N question 70 reside, il IN exeleise a
authority OYER private property which Is noE
warranted ijy the constiluton-and Tie rernoy.
al Of the pla.s.ilE by bi3 owper te ihat tetrito-
ry' gave him no tito tg freeasas. a4
I, The raintiiThimsclf acq l;icd uo tst!e 10
freedom by being taken, ~ his ewner to
Rock Island in llinoisj and Brought Ats.sls to
Missouri This court has hero.5iofe decided
that the 9'aihs or condition Of a person 81 Aft!
can descen5dopentcd on the laws Of the S.atc
Il Which he resided.
2. ItAa bsep set led bg the Gec'sens .of the
ig est court III Missouri, thar BIZ tha laws OF
tat Stte, slave does not lcconlc eatited Ia
his irceGcm where tbs owner takes him tolfe-
slds in 5 ale whele slavery is NOT peuuittod,
ami ale ward b'irgs hiln back to 4Issouri. ..,l
coNcLusI3E.
It follows shat il is applreut upcn the record
that the eeprt below erred in its julcerlcnt IN
tie plea in aba ement, ana also erred ii giving
Judgment for the defendant when the except
ton shows that the plaintiff was not ci;i7en
OF the United States. And as the CigcufE
Court had no jurisdiction either in tho case STA
ted lnthe plea in abatement or in tile cue sta-
ted in the exception, its Judgement il, favorof
the d. endant, s erroneous, and must be re-
yersea. a e @sa