Delaware weekly Republican. [volume] (Wilmington, Del.) 1841-188?, 1857-05-21

their maintenance of LAW, before countenanc-
ing the denunciation of its h ighest tribunal for
the decision OF q case, to und erstand the case
and the decision. A writer in the last REpuD-
LOAN condems the Supreme Court of the
United States for its decision in the bred Scott
case, asserting that this decision conflicts with
its determination in the case, Williams Us. Ash,
! Howard II, IA. There is no conflict between
these cases: the case Williams Us. Ash involved
no point that arose in the bred Scott case.
1t is known, every ones observation shews
him, that in the States, the government is ex-
ercised by the State authorities. There are
few subjects of which the United States have
cognizance. Controversies generally are ad-
Indicated in the State courts, In the Terrific
ries the government is exercised by authorities
of the United States. There are no courts IN
them but United States courts and all law
litigations are in these courts.
1t is understood bred Scott was in the State
OF Missouri, and claimed his freedom against
person who was citizen OF another State.
To determine this matter bred Scott filed his
petition for freedom in the Circuit Court OF the
| United States for the District of Missouri. 1t
| was denied, that this court could take cogniz-
ance of the case. There have been in the
| State of Delaware very numerous petitions Tor
freedom, often against citizens OF another State;
no one ever heard Of such o petition being
| filed in the United States Court. On what
ground could this petition Of bred Scott be
filed In the United State Court in Missouri
| The following clause of the laws of the United
| States was relied upen--ts The Circuit Courts
Of the United States shall have original cog
nizance, concurrent with the courts of the sew
eral States, of all suits of civil nature, at
common law or in equity, where the matter in
| dispute exceeds, exclusive of costs, the sum
or value OF five hundred dollars and the United
| States are plaintiffs or petitioners, or an alien
is party, or Il suit is between a Citizen of the
State where the suit is brought, aud citizen of
another State. Act of Congress of 1888, Oh.
20, Sec. IL. II bred Scott were not CITIZEN
of Missouri, he could not bring his suit for
freedom in the United States Court, but must
prosecute in acourt of that State, or some other
State court 1t was decided, he was not
CITIZEN and the United States Court could
not proceed on his petition.
| The case of Williams Us. Ash was cOntro-
versy In the District of Columbia, upon u win
under which Ash, a colored man, claimed his
| freedom. To determine this controversy, Ash
filed his petition for fire edom in the Circuit
Court of that District for the county of Wash
| ingtOn u court of the United States, but not,
like the United States Courts in the States, OF
limited Jurisdiction, but OF general jurisdiction
OF all controversies in the District; for OF that
District the United States have the exclusive
government; there are no courts there but
United States courts. There could be no ques-
ton of jurisdiction; it belonged to the court
to adjudicate the case. The court determin.
ed the controversy by adjudging Ash free ac-
cording TO their construction Of the Will; and
on appeal by Williams the Supreme Court az
firmed that judgment.
In the bred Scott case the determination was
| not, that Scott was not entitled to freedom
| but that the United States Court in the State Of
| Missouri, under State government, with State
| courts, could not take cognizance of the case :
| 1t was not within its limited Jurisdiction. In
the case of Williams rs. Ash, in the District Of
Columbia under exclusive United States gov
eminent, with only United States courts, the
: controversy was decided in the United States
court ;-fhaving general Jurisdiction. 15
FILIBusTERIyG DoN'r PAY.-That filibuster.
/. ing in tho United States is not good invest.
Z ment upon the capital paid in, and the passion
and sentiment expended, is proved by the fact
, that while Americans have never yet underta-
ken national war that has failed, they have
never undertaken marauiing expedition that
has succeeded. The "Albany Journal gives
the following as proof:
''McKenzie's Patriot War in Canada failed
and its victims were transported or shot,
Lopez's foray in Cuba failed, and he persisted
by the garote. The Sonora expedition failed,
and the bones OF its deuded members are
bleaching on the Plains. The Nicaragua eX-
petition has failed at last, also, Walker is
cooped up and starving, while his men are
!
ork and New Orleans"
THE MARRIED CoACHMAN.-John Dean, who
recently kicked upa great hub bub by marry
ing Miss Boxer, is rusticating in the pleasant
little village Of Franklinville, u few miles east
of Riverhead, N. Y. He is boarding in the
family Of Mr.. John N. Sayer, ana is being ttl-
tored and polished by the Rev. Mr.. Reed, a
Congregational clergyman, preparatory to his
debut among the tishionables in Filth avenue,
New York city.
Mr. Bancroft is said to have realized fifty
thousand dollars by his "History of the United
States" Mr.. Prescott, the celebrated histOri.
an, derives large revenue from hi literary
efforts. The recent work of DR.. Kane on ss'rhe
Arctic Regions" has likewise been signally
successful. We mention these facts with pleas
ure. They show that American genius is full,
appreciated. We are emphatically readin i
people, and are constantly becoming more so
An ITEM FOR THE OWNERS OF HoRsEs.-A
. gentleman writing to the American Agricultur
st states that he thoroughly cured fine youn!
4 mare, afflicted with the heavGs, by feeding he
. on cOrn-stalks, and that the disease never re
turned. The writer quotes Judge Buels opin
ion as to cornstalks being remedy, that dis
. tinguished agriculturist having had horse al
: ticted with that di sorder, which disappears
4 after being SO fed.
! WHAT NExT2-The Jewish Chronicle men
II tons that curious branch Of business ha
i been established at Lyons. 1t appears that a
association Of howlers has been formed, whic
. engages to supply to funerals number Q
y professional weepRrs, at the charge Of fly
francs each. They have adopted u peculia
. costume, and follow the hcarse weeping an
Il sobbing.
A fire at Oroville, California, the last mai
. from San Francisco informs us, destroyed pro
perty to the amount of $4,000, including
! theatre and ten other buildings. The fire wa
caused by boy employed to work around thu
theatre, who was lighting lamp, when it burst
, and in endeavoring to blow it out, the flame
communicated with the lining, and Instant
spread over the building.
Y Tho Vermont Legislature has refused to ap
$ propriate money to relieve the Kansas sufferers
a Tho New York Legislature has done likewise
and Massachusetts, whose Legislature bega
| the movement, has reduced the amount OF ii
: quota to $4,000, and will probably,in the end
vote nothing.
A young woman who had been disapr oiate
in love, attempted to commit suicide at Fits
burg few days since, by jumping into the Al
legheny river, but was unable to sink on nc
count of her hooped skirts. As she hOatc
calmly down the stream she was rescued, an
went home quite ashamed OF herself.
SENTEScED.-John Sanders and Thomas Ma
4 thans convicted last week at Harrisburg, Pa
3 for attempting to kidnap Jerry Logan, FIRE
o colored man of that place, have been sentence
!. each to five years. separate confinement at har
e labor in the Dauphin county prison.
The proprietors of the New York Times ofie
Q a reward Of five thousand dollars to any perso
o or persons who will furnish them intormatio
n which will lead to the detection and convictio
of the murder or murders of DR.. Horny Bui
dell.
Mr.. Benjamin g. Dey, OF Currituck county
: N. G. while ploughing in his field few day
i ago, dug up pile of old Spanish gold and 81
d yer coin to the amount of six thousand dollar