The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1857-03-14
Decision in the bred Scott Case.

i, full and elaborate statement of the views q,
the Court. They have decided the follow
ing alllmPortant points:
First. That negroes. whether slaves or free
that is, men of the African race. are not ci;i
zens OF the United States by the Constitu
ton.
second, The Ordinance 1887 had no in
dependent constitutional force or LEGAL effect
subsequently to the adoption of the Ccnstitu
ton. and could not operate of itself to conf.,
freedom or citizenship within the Northwes,
Territory on negroes, not citizens by the Con-
stitution.
Third, The provisions the Act of 1920.
commonly called the Missouri Compromise in
50 Tar as it undertook to exclude negro slavery
from, and communicate freedom and citizen
ship to negroes within the Northern part of
the Louisiana cession, was legislative act ex
ceed'ng the powers of Congress; and void
and OF no legal effect to that end.
In deciding these M in points, the Supreme
Court determined the following incidental
points:
First, The expression TERRITORY and other
property of the Union," in the Constitution.
applies in terms only to such Territory as the
Union possessed at the time of the adop:ion
of the Constitution.
Second, The rights ofcitizens of the United
States, em'grating into any Federal Territory
and the power Of the Federal Government
therein, depend on the General provisions of
the Constitution, which defines in this As in
all other respects the powers of Congress.
1hnd, As Congress doe. not posses, VOW
er tse'f to make enactments relative TO the
persons or property of citizens of the United
States in Federal Territory, other than
such as the Constitution confers. so if cannot
constItutionaIlv delegate any such powers to
Territorial Government, organized BY !,
under the Constitution.
|owth, The legal condition of a slave in
the State of Missouri, is not Affected by the
temporary soJourn of such slave in any other
State, out on his return his condition still de.
ptnds on the laws Of Missouri As the plain
TIL was not citizen of Missouri, he therefore
could not sue in tn" Courts of the United
States. The suit must be dismissed for want
of jurisdiction.
The delivery Of this opinion occupied A.
bout three hours, and was listened to with
profound attention by crowded court room.
among the auditors were gentlemen of emf
nent legal ability, and due proportion of
ladies'
Judge fancy stated the merits of the case.
I" question was, whether Or no, the removal
.. Scott from Missouri. with hi. master. to
Illinois. with view u: TEMPORARY residence
there, worked his emancipation. H.. nam.
famed that the Question depended wholly ON
the law of Missouri. and for that reason ,h,.
Judgment of the court below should H.. affirm.
ed.
Judge Cat'on believed the Supreme Court
mas jurisdiction to decide the merits of N.
case. lie argued that Congress could not do
directly what 1t could not do indirectly. If
II con'i exclude one species Of property it
could exclude another. With rerard to ,hr
territories ceded. Congress could govern them
only with the restrictions of the States wl,;rb
reden them. and the leading features of Tie
constitution, and was therefore void H..
;oncurred with his brother iu.I-cs that s;rot -,
was slave, and was so when this suit was :,
brought. q
Several other judges are to deliver their t
opinions to morrow
o" Saturday, justices Mclean and Curtis
cad elaborate opinions, dissenting from the
news of the majority of tn. Court i
These opinions occupied five hours in no. G
VERY. Judges WAYNE. Grier C,m,h.u II
'"o Dan'e' mad papers expressing their views -
N certain Opinions of the Court, but did not +
cad them. !;
Judge Nelson evaded the constitutional
question, and concurrel with the majority
tstIng his opinion on the late decisions IN
lissouri - C;
Judge Catron admitted the jurisdiction of @;
ne court, but declared the compromise VOID. I!
ecauSe 1t destroyed the obligation ortbe ,hirl 1t
Ft'rle OF the treaty acquiring Louisiana. -,
Five Judges, fancy, Campbell. Catron y, IT.
Wayne and Daniel, concur in the cou<t;tu' -
omar MONT against the Missouri Compromise. s.
'elson and Grler adopt the Missouri dcc;s. III
'ns tor their justification in joining the ma
orlty. Mclean and Curtis meet the issue II
luarely' and sustain the jurisdiction of the
ourt with the constituionaIitv of the com. D,
romise. r rd
I'm this remarkable decision, and deadly III
low aimed at American liberty. the \ V Ill,
INES comments:
" nus at one blow all the legislation of of
he country, from the formation ofthe Con-.
tuition to the present day, against the ex &C.
hs'on OF slavery, is swept away and the "A r
upreme Court decides that the Constitution pa
proprta r'gore carries slavery into every pr
'rt'on OF the fedora! territory, or what a. 81 i
cunts to the same thing, authorizes the e.
aveholder to carry it thither, in spite of r. r,
onsress or the will of its inhabitants. The
'wer OF Congress over the subject, and the
odern doctrine of Popular Sovereignty in
territories, are alike repudated and an.
'lled. 1t is not in the power, either of the
.deral Government or of the Federal Ter
orles, to exclude slavery therefrom.
1t is impossible to exaggerate the import
ce of this decision. 1t gives the sanction of
Institutional law to the practical revolution ,
Ach tor some years past has been going on all
the policy Of the Government upon this H;
h)ect, and engraiis upon the theory of the
upublIc the doctrines upon which Mr.. Cal.
nn labored in vain, during the last wears
his life to rally even the people of the G
uthern States. But one more decision 10 CUT
eded 20 make slavery the actual law of -,
Nv t""'0' anu TcHuer It's prOhlbl- REM
n IN Unf{ at the .NiUfp, mi! and vo;i - uSin
49, II, 'A WI" -dhu won
we shall probably have when the Lem aah
n faSp roacbo, ,h.,