Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1857-03-25

each or them Us slaves.
CAT the time mentioned in the plaintiffs de-
claration, the defendant claiming to be owner as
aforesaid, laid his hands upon said plaintiff Har-
riet, Eliza and Lizzie, and imprisoned them
doing in 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 con-
trovcrsy presented two questions.
Firstly. Was he (Scott and all his family
fre, in Missouri and
Secondly. If not, were they free by reason
of their removal to Rock Island, illinois,
The act Of Congress as which the plaintiff re-
lies contains the clause, that slavery and invol-
untary servitude, except for crime, shall be for
ever prohibited in that part Of the Territory ac-
quircd by treaty from Louisiana, and not inclu-
dcd within the limits Of the State Of Louisiana.
The difficulty which meets us at the threshold
is, whether Congress is authorized to pass such
a law under the powers granted to it by the
Constitution? The plaintiff dwells much on
the clause which gives Congress power "to
make all necdful rules and regulations respect
ing the Territory or other property of the Uni
ted States" 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 Territory which was acquired from
foreign Governments. The Justice then referred
to the acccssions of land by Virginia and other
States, saying the only object was to put an end
to existing controversies, and to enable Congress
to dispose Of the lands for the common benefit.
Undoubtedly the power of sovereignty and
eminent domain was ccdctl in the act This
was proper to make it essential. There was then
no government III existence with enumerated
powers What was called the States were thr
teen independent colonies, which entered into
confederation for mutual protection. 1t was q
little more than Congress of ambassadors, in
which all had common concern. 1t was this
Congress which accepted the ceSsion from Viz
gin;a. They had no right to do 20 under the
articles Of the confederation, but they had
right, aS independent powers, to accept the land
for the common benefit and it is equally clear,
having 10 superior to control them, they had
RIGHT TO exercise absolute dominion, subject Oh
| ly to the restrictions which Virginia imposed.
The ordinance Of l1SI was adopted, by which
the tcrritor,. should be governed, and among
other provisions was orc that slavery or invul-
untarv scrvitulc should be prohibited, except
for crime.
THIS was the state of things when the Con-
stituion was formed. The territory ccdcd by
Virginia belonged to the several confederate
States as common property. The States were
about to dissolve the confederation and surren-
der portion of their power for tue formation
Of new government" and the language Used,
limited and specified the objects to be accom-
pliShcd 1t was obvious that some provision
to- IA
the power 10 carry into effect every object for
which the territory was cctlctl. 1t was ncces-
Sary that the lands should be sold to pay the
war debt, and that powc. should be given to
protect the citizens who might culigrate there,
with their rights Of property, arms, military
! stores, (aS well aS slips ol war, were the
"cOmmon property OF the States existing in
the Independent character, and they had right
to take their property to the territory, without
the authority Of the States" The object was to
place these things unlcr the guardianship OF a
new government, Which gives Congress the
bower :; to make all ncc,lful rules aid rcsula-
tons respecting the territory or other property
Of the United Statcs'' 1t applied only to prop
crtv held in common at the lne, and not with
reference to any property which the sovereign
ty might subsequently acquire. 1t applied to
the territory then in cNi>trE.c, anu known aS
Tie ;crrtor, Of tic Unitc.i statcs-hcld in trc
mind oi the trainers Of !hc Constitution. 1t
refers to tie sale or raising Of money. his Is
tlilli rent from Tic p wcr to lc@i.ate over the
irrritoric.. With the words = to make all need
ful rules and regulations respecting the terrific
rv." cOHrlc;l the words "nnd Othrr property OF
tic United States" And the concluding words
render this construction irresistible; AMI Moth
inc in this Constitution shall bc 50 construed aS
to prejudice any claims Of the United States.
or IF aay rcr'i""ifF r'sc.
II IS obyou; that the Congress, under the
new government, regarded the above ca'lse AS
necessary To carry into effect the principles and
provisions OF the Ordinance Of l1SI, which they
regarded rs al act of the States il. the exercise
Of their political power at tie time; and these
rcrrc scntativcs Of the Same States under the
new Government, did not think proper to de-
part from any essential principle, and did not
attempt to undo anything that was done
As to territory acquired without the limits
of the United States. it remains territory TN IL
admitted into the Union. Nopower is given in
the Constitution TO acquire territory 10 lie held
AMI governed III that character; and, conSc-
ouently, there cannot bc found III the ConStitu-
ton any definition Of power which Congress
may lawfully exercise before it becomes 4 State.
The power to acquire territory until it is in
condition to become a State OIL an equal iootlng
with the other States must necessarily rest on
sound discretion, and it becomes the duty OF
the Government to administer the laws OF the
| United States for the protection of personal
rights and property therein.
Whatever territory is acquired is for the COM
mon benefit of the people Of the United States,
which is but q trustee At the time territory
WAS Obt:hnetl from France, it contained no popu-
| lation to be admitted Is State, and 1t there
foro became necessary to hold possession oil IT
until settled and irhahited 10y civilized COM
,nunitv, capable of scll-governmcnt and Tor at
mission to the Union. But, as we before said,
it was acquired by the Federal Government as
the representative and trustee of the people OF
tho United States, and must be held for their
common and equal benefit, for it was the ac1ui-
sition Of the people of the United States, acting
through their agents, and government holds 1t
inr thc common benefit until it should become
associated as member OF the Union. Until
that time arrived it was undoubtedly necessary
that some government be established to protect
thc inhabitants in their persons and property.
The powcr to acquire carries with 1t the power
TO preserve. The form of government necessa-
rilv rests on the discretion of Congress. 1t is
their duty to establish the best suited for the
United States, and that must depend OH the
number of its Inhabitants, and the character
and situation Of the territory. what govern
ment is the best must depend on the condition
of the territory at the time, to be continued
| d., tl,1,o