Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-03-26

from becoming settlers therein. Where a ter
Titorial government has been established on
slave territory, it has uniformly remained in
that condition; so when the Territory was free;
and this was attended with satisfactory results.
The sovereignty Of the Federal Government
extends to all the territory Of the United States.
If we have the right to acquire territory, we
have the right to govern It; and this has al
ways been exercised. The Constitution was
framed for the whole country, and the prOhi- +
bitiOn of slavery north Of S6 deg. 80 min, was
Constitutional. Where there is no law estab-
fishing slavery, tie master cannot control the
will of the slave by force, and the presumption
is in favor Of freedom. The master, in going
to territory, does not carry with him the law
of the State whence he removes. Slavery, he
Iepeated-or property in human beings-does
not arise from the international or common
law. but from mere municipal regulation.
There was no just ground for the argument
that this was exclusively Missouri question.
Dred Scott and his family were free under the
decisions given within the last tw enty eight
years. A slave who acquires his freedom by
bis removal to another State, cannot be re-
duced to slavery by his return 10 the State
from which he emigrated, So far from this
being merely Missouri case, it is one which
comes under the tweDty-ffth section of the ju-
dietary act, and therefore may be brought for
the revision Of the Court from the Supreme
Court of the State of Missouri
Associate Justice Curtis gave his reasons for
dissenting from the majority of the Court
The question is, whether person of African
descent can be a citizen of the United States.
The Constitution uses the language. "Ciuzens
of the United States at the time of the adOp-
ton" of that instrument; referring to those
who we're citizens under the confederation. 1t
may, therefore, be safely said, the citizens Of
the several States under the confedel alton were
citizens of the United States under the ConSti-
tuition. 1t is fact that all the free native sub
jects of New Hampshire, Massachusetts, New
York and North Carolina descended from the
African race. were not only citizens, but pos
sesseG the franchise Of electors on equal terms
with other, or white ciLzens. Those colored
persons were not only included with the body
of white persons in the adoption Of the Con-
stltution, but had the power to and did act in
its adoption.
Under the Constitution every free person
born on the soil of State and made citizen
by force of its Constitution and laws, is a cti-
zen of the United States. Having stated the
ground of his opinion, and explained the pro-
visions of the Constitution, he said that every
citizen at the time of the adoption of that in.
strument was SO recognized, and no power was
conferred to discriminate between color, or de-
prive any one of bis franchise, II is not true
in point Of fact that the Constitution was made
exclusively by and for white people. The pre-
amble openly declares that the Constitution wa
formed in order to secure to the people of the
United States and their posterty the blessings
of liberty, and as for the cOlOred citizens, il
: five Of the States they were among those fol
whom the Constitution was ordained and estab
lIshed. Color, in the opinion Of the trainers o
Constitution, was not necessary 10 constitute
citizenship under the Constitution Of the Uni
ted States; and it might be added that tht
e power to make cOlOred persons citizens ha'
" been acted on in repeated instances-in th'
o treaties with the Choctaws and Cherokees. auc
o that of Guadalo2e Hidalgo, in lo48. And h
9 arrived at the following conclusions:
. l. That the free native born citizens of eac
> State at the formation Of tie Constitution be
: came citizens of the United States.
!. 2. That the free colored persons born with
some of the States, and citizens of those States
!, were also citizens of the United States.
5. That every such citizen residing in an
. State, has the right to sue and to be sued i
4 the federal Court Of the State in which be le
- sides.
E" A. AS the plea Of jurisdiction in this cas-
;. shows no facts except as 10 AFRICAN descen
Of and as this fact is not inconsistent with either
M ship of the United States, the decision Of tb
ht Circuit Court for Missouri was incorrect. HI
therefore, disseuted from the opinion of the mt
Id jOrity of the Court that person Of the Afr
- can race cannot be q citizen of the Bnite
,h States.
be He did not believe the opinions Of tAe COu
of on questions not legtimately before it to
u binding. He believed, however, that the cou
it has jurisdiction In this case. and maintaint
that under the law Of Missouri, Dred Scott ar
-al his family were free persons on their return
that State. There was nothing in history or
u the language of the Constitution which !
ial strains the power to make sll needful rules al