The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1857-07-18

the Judgment or the llrcut Sourt was
erroneous on that ground also, without
any reference to the plea in abatement.
3. The Circuit Court can give no judg-
ment for plaintiff or defendant in a case
where it has no jurisdiction, no matter
whether there be plea in abatement or
not. And unless it appears upon the
face of the record, when brought here by
writ of error, that the Circuit Court had
jurisdiction, the judgment must be re-
versed.
The case of Capron against Van Moor
den g Cranch, 1860 examined, and the
principles thereby decided re-affirmcd.
1. When tt.c record, as brought here
by writ of error, does not show that the
Circuit Court had jurisdiction, this Court
has Jurisdiction to revise and correct the
error, like any other error i'll the Court
below 1t does not and cannot dismiss
the case for want of jurisdiction here;
for that would leave the erroneous judg-
ment of the Court below in full force,
and the party injured without remedy
But it must reverse the Judgment, and,
as in any other case of reversal, send a
mandate to the Circuit Court to conform
its judgment to the opinion of this Court.
5. The difference of the jurisdiction
in this Court, in the cases of writs of er
ror, to State Courts and to Circuit Courts
in the United States, pointed out and
the mistakes made as to the jurisdiction
| of this Court in the latter case, by con-
founding it with its limited jurisdiction
in the former.
6. If the Court rcverscs a judgment
upon the ground that it appears by it
that particular part of the Circuit Court
had not jurisdiction, it does not take
away the jurisdiction Of this Court to
examine into and correct, by a reversal
of the Judgment, any other errors, either
as TO the Jurisdiction of any other mat
ter, where it appears from other parts of
the record that the Circuit Courts had
fallen into error. On the contrary, it is
the daily and familiar practice of this
Court to reverse on several grounds
where more than one error appears to
have been committed And the error of
Circuit Court in its jurisdiction stands
on the same ground, and is to be treated
in the same manner as any other error
upon which its judgment is founded.
7. The decision, therefore, that the
Judgment of the Circuit Court upon the
plea Of abatement is erroneous, is no rea-
son why the alleged error apparent in
the exception should not also be exam
ined, and the Judgment reversed on that
ground also, if it discloscs want of ju-
risdction in the Circuit Court
s, 1t is often the duty of this Court,
after having decided that particular
decision of the Circuit Court was erro-
neoas, to examine into other alleged er-
rors, and to correct them if they are
found to exist And that has been uni
formly done by this Court when the
questions arc in any degree connected
with the controversy, and the silence of
the Court might create doubts which
would lead to useless litigation.
/. The facts Upon which the plaintiff
rules did not give him his freedom, and
make him citizen of Missouri.
g. The clause in the Constitution au.
th0rizing Congress to make all ncedfu
rules and regulations for the government
of the territory, and other property OF
the United States, applies only to terri
tory within the chartered limits of some
one of the States when they were colo
MES of Great Britain, and which were
surrendered by the British Government,
: to the old Confederation of the States, il
the treaty of peace. 1t does not apply
to territory acquired by the present Fe
deral Government, by treaty CT conquest
from foreign nation.
The cause of the American and Ocear
Insurane: Companies agt. Canter )lPe
) sers, 81 referred to an examined, show
ing that the decision to this case is not
in conflict with that opinion, and tha
the court did not, in the ease referred to
) decide upon the construction of the clause
Of the Constitution above mentioned, be
caus the ease before them did not max.
it necessary to decide the question.
3. The United States, under the pres
ent Constitution, cannot acquire terrific
ry to be held as colony, to be goyerne,
at its will and pleasure. But i; may ac
i quire territory which, at the time, ha
not a population that fits it to become
State, and may govern it as n territor
until it has a population which, in tn
;, Judgment Of Congress, entities it to b
admitted as State of the Union.
1. During the time it remains Il terri
tory, Congress may legilsate over it with
u in the scope of its constitutional power
> in relation to citizens ofthe United State
; and may establish a territorial govern
: ment---and the form Of this local govern
i ment must be regulated by the dscretio
!" of Congress--but with powers Not cxcce(
/ ing those which Congress itself, by th
Constitution, is authorized to excrcis
} over citizens Of the United States, in r,
= spcct to their rights of person or rights
property.
d |. The territory thus acquired, is Il
N qnired by the people of the United State
fot their common and equal benefit, thr
1t their agent and trustees, the Federal go
n crnment. Congress can exercise no pos
o. er over the rights of persons or proper
Of citizen in the territory which is pr
hibitcd by the Constitution The go
ot crnment and the territory is open to sc
he tlement, both enter it with their rospe
n tive rights defined and limited by the Go
be stitution.
es 2. Congress has no right to prohil
a the citizens Of any particular State
ly States from taking up their home the'
n., willie Il ncrmits Of nthcr ST. tns To do s