New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-14
THE DRIED SCOTT CASE.
TIE OPINION OF
MR.. JUSTICE CURTIS.
Delivered in the Supreme Court Of the United Safe,
at Washington, on Saturday, March l. 1857.
fCoreludedl

X
TERRITORIES.
Have thus far assumed merely for the purpose Of
the sreUu en' that the laws Of the United S.sts re.
spscrns Slavery in this teritSy were urconsitai N
ely enacted by Corgrefs. IL remiin; 10 inquire
whettt r they are constitutional sni binding Laws
In be argument Of this psrt of the case 8, bar Il
Justly considered by al The COUNCIL 70 be necessary
70 ascertain the OF the power Of C1nyress
the territory b-'or ging to the Uoi'ed Stses. Uati
this ssceisDed Is not possible 70 determine the
e1hnt of fbst power. On the one side il sss min
isite1 that the Constitution contains NJ express rant
of power to orgsriz4 and govern Whist kn wn 10
the lsFs of United Sta,es as territory. Tn. What
ever power Of this hind exists is derived by imoic,
ticn from The capacity OF the United States 10 hold sni
acquire territory out Of the limits Of any State an the
necessity for i's having some g vernmsnt
On the other side IL insisted that the C. ustu-
ton h6s not failed TO make express provision for this
end and that il is found in the third section Of the
fourth article OF the Constitution
To determine which ofthsse lie the correct view ii is
recount TO advert TO some fact. respecting III subjec
which existed when tire Constitution framed ani
adopted. Ii Will be found that these facts not only
red much light The question whether the trainers of
the Constitution omitted TO make provi-iou concern
ing the power Of Congress TO organize and govern the
Territories but they will also aid 10 the construction o.
any provision which may have been maize respecting
this subject.
Under the Confederation. the unsettled territory
within the limits Of the United States h.d been sab
jtc' Of deep interest Some of these Sres nsi.ted
that'hese LANDS within their chartered boundaries
ard ibst by their independence they bad SUCCEEDED to
TIE title Of the Crown TO the sill On the other haul
il trgued that the vacant lsnd. belonging - the
Crown hid teen acquired by the United Sat.s by the
carried 90 by them under q common government
am for the common interest.
This drpu'e was further complicated by unsettled
questions Of boundary among several States. II not
Only celay ed the Accession Of Mary to the Co ld
eraioI, nut, at Que time seriously thresened its exist
IS ur. CT Congress, eos, az Coter the pref
cure of these circumstApces Congress esy recon-
msr ded 10 the several States cesstOn Of hsir claims
sHd rights 10 the United States. q Jour. OF Cong,
~ AID before the Constitution was framed, II had
been besun. That by New York had bsen made on
the first day Of March l7sl: that of Ylrgiu, en- the
fret day Of March, ISL that Of Massschus etts the
nreteeDih day Of April l7s5; th.t Of Connecticut
the forr enth cay If September. 1850 that Of South
Convention for framing the Constitution was 10 session.
IL very material n ob'erve in tbs connection that
each of these acs cedes in terms TO the United States
we'll the jurisdiction as the scil
IL IL also equally important 10 note that, when the
Constitution framed and adopted, this plan Of vest
ug in the United States, for the common good the
great tracts Of uDgranted lands claimed by the several
States in which dee An interest was felt WAS yet
incomplete. 1t remained for North Carolina and
Geoleia 10 cede their extensive and valuable claims.
These were made by North Carolina on the 25th day
Of February, 1870, AID by Georgia on the twenty-
fourth day Of April 1902. The terms of these last
mentored cessons will hereafter be noticed in another
connection, but observe here that each of chem dis
nctly shows, upon its face that they not only in
gress of the Confederation but of formed purpose o.
each of these States existing when the assent of the
respective PEOPLE was given TO the Constitution OF the
United States.
IL appears, II en- that when Tire Federal Const'ut,n
ffsmed ard presented to the peope OF the several
States their confederation, the Unsettled territory
was viewed az justly applicable 70 the common benefit,
peeuDi.py value and 80 far a. i become III. sest
Of rev States 10 be admitted into the Union upon
equal footing with the original States And ako, that
relations of the United States TO that unsettled territory
Of various kinds The ,i;ley Of the States OF New
Yok Virgins Massachusetts, Connecticut and South
Carolina o. well Of soil Of jari'dictioo, bad been
tran SER ed TO the UDed States Nor CAROLYN, aud
Georgia had rot actually made transfer but conhd.nt
expectation founded on the appreciation OF the justice
of the general claim end fully justified bY the result,
was entertained, that these ces ions would be made
The ordinance Of l7S had made provision for the tenn
porsry government CT 20 much OF the territory actually
cedtd a. lsy northwest of the river Ohio.
But il nust have been apparent both to the trainers
OF the Cor stituton and the PEOPLE of the several
States who were to &C, upon it that the government.
thus provided fer could not continue unless the Colsti
tuition shoud Golfer the United States the necessary
powers TO continue it. Thst temporary goverpmen mt
under he idpsnce wss TO sst of certain officers to
he appointed by and responsible to the Congress OF the
CONGREGATIONS their powers had been conferred and
defined by the ordinance So far As II provided tor the
temporary government Of the Territory, 1t was an
ordinary act of ltgisleou, ceviDe s force tom the
tgslsfive power of Congress aud depending tor It's
vitality upon the continuance of that legislative Pc wer
But the ti 10 be appointed for the North western
Territory after tire adoption OF the Constitution, mus
necessarily be Ulcers OF the United States and not oil
the Congress of the Conederation appointed and com
mioped by the President and exercising powers de-
rived from the United Stat under the Constitution
Such was the relation between the United States aud
tie North western Territory which all reilsctnS meo
must have foeseen would exist when the Governn snt
created BY the Constitution should supersede that OF
the confederation. That, if the new Government
should be without power 10 govern this Territory,
couId not sppOint and commission offcers ana sena
the nto the Territory 10 exercise their egshuVe Ju
oicial and executive power and tha this Territory,
which wss even then foreten t, be so import ant both
politically and financially, to all the e1iung stses'
must be let not only without the control ot 10 ueu
er,l Government in respect TO s future pohic rea-
on. 10 the rel of the States but absolutely without
any Government save Via. its inhsbi'ants. acting IN
their primary capacity, might from time TO time crea'e
| for ihtm.elyts
But the North westerly Territory was not the only
territory the sell and jurisdiction whe,eof were then
understood 10 have been ceded TO the Cnl'ei States
I'll ession by South Carolins, made in August, no'
wss Of all the territory included Eltbn the ryeI MS
siis ppi and line be sinDing at that pa. OF ss'd
river which intersected By the Southern boundary
| of North Carora, and continuing aloos t1e ss'd
boundary line until il intereects the ridge OF Guam Oh
"noJnisins which divides the eastern from tae west
ern water then 20 be continued along the Top OF tue
sid ridge Of mountains until il inersscs ns ~ Do
| drawn due west from the hesd OF the southera
brsnch of the Tugsloo river to the said mountains
enc thence 70 Tun due West course ~ lne i 81 u
"sisiPp." .,..
Il Is tue that by subst luert explorsio1s 1t vas IS
cer'siped that the of the Iugal1o RIVER, up1h
which the title Ct nth Carolina dePended was 81 is'
b tie rorh wsrd tn the tsusier c9nvsyel only L
row .ip cf land about tseve miles wide lying IN the
| of the ridge # uoun,sns. snd extending from me
northern bcuI day Of Georsis TO the solt1era ooun1
siy OF North Carolina Bat this was discovery u tle
leIg after he cesion ard here can be no d)uos "a -
the state Of south Csrcra in mskipg the c:sson ana
the Coz gc,s, in accepting Il vie Zed IS 'rin'e- 70
the Uuied Staes of The soil sn1 jurisdic2n Ct an eI
tersve az important pr, OF ne NJ lsI tsI..iy