Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-11

true value OF fertilizers. and the comparative
profits OF the different breeds Of animals for
meeting the current expenses of the State
Farm at Westborough. and to enable the
Board of Agriculture to execute properly the
contract with the Trustees Of the State Re-
form Schools and that the Governor be EN-.
powered 70 draw his warrant for the payment
of the sum, TO remain in the Treasury. sub
ject to the drafts of the Treasurer of the Board
of Agriculture, as the exigencies of the farm
NAV require.
Mr.. Hyde of Newton made speech dem
onstrating that the requirements to be carried
out by the resolves were such as would re
dound to the Interests of the State at no DIS
tant day.
After some further discussion, the bill was
passed to third reading.
The bred Sect Case.
JUDGE McLEAN's OPINION. Associate JUS
tice Mclean proceeded to express his views
in the case of bred Scott against SandfOrd,
after stating the facts relative to the subject.
The plea as TO jurisdiction is radically detect
i've. Il had never been held necessary that TO
constitute a citizen, the man should have the
qualification of an elector Females and
minors may sue in the federal courts and so
may an individual who has his domicil in the
the State in which he may sue. The most
general definition of a citizen is a freeman. The
plea does not show bred Scott be a slave. 1t
does not follow man is not free whose an
eestors were slaves.
1t was commended that colored citizens
are not Agreeable members Of soc ETY.; but
this was more matter OF taste than of law.
Several Of the States have admitted such per-
sons to the right of suffrage, aud recngnzed
them as citizens; and this has been done in
slave as well in free States. On the SUBJ
ject of citizenship we have not been very fas.
tidious Under the late treaty with Mexico,
we have made citizens Of ali gtades, comb
nations. and colors. The same was done in
the cases Of Louisiana and Florida. No one
ever doubted, nor court held, that the in
hab talfts did not become citizens under the
treaties. They have become citizens without
being naturalized
Throughout the continent Of Europe with
out exception, sit has been held that slavery
can exist only in territory where it has been
established, and beyond that the master can
not sustain himself save by some express
stipulation. There is no nation in Europe
which considers itself bound to return the
master his fugitive slave, under the civil law
OF the law OF nations. The slave is held to
be free where there is no treaty, obligation, or
contract 70 return him 10 his master. In the
case of Prigg against the State of Pennsyl-
vania, the state of slavery is deemed to be a
mere municipal regulation, founded and
limited to the range of the State which enacts
it. This was the decision in the case of SOM
erset, in England which was decided before
the American Revolution. Coz gress has no
power to interfere with slavery in the States,
or to regulate what is commonly called the
slave trade among the several States. We
know that James Madison that great aud
~ mic 10 OLE
Gaping from service or labor as 'persons,"
and not as property. While he Judge Nc.
Lean) agreed that this government was not
made for the culored race, yet many of them
in the New England States exercised the right
OF suffrage when the cons tuition was adopt
ed and it was not doubted that its tendency
would be to ameliorate the condition of that
race Many of the States took measures to
abolish slavery and it is well known fact
that the belief was cherished by leading men,
both OF the South and the North, that the
institution of slavery would gradually decline,
until it should become extinct.
All slavery has its origin against natural
right.
If in making the necessary rules and regu.
lati9ns respecting the public lands, a terrlto-
rial or temporary government is re uisite,
Congress has the power to establish it. The
power to acquire carries with it the power to
govern. Congress can exercise no power
prohibited by the constitution, nor has it
power to regulate the internal concerns of
State. If Congress deem slaves or free per-
sons of color injurious to a territory, it has
the power to prohibit them from becoming
settlers therein. Where territorial govern
ment 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 SOW
eIeigbty OF the federal government extends
to all territory of the United States If we
have the right to acquire territory we have
the right to govern it; aud this has always
been exercised. The constitution YEAS framed
for the whole country, aud the prohibition of
slavery north of 36. 30 was constitutional.
Where there is no local law establishing slav-
cry, the master cannot control the will of the
slave by force, and the presumption is in
favor of free dom. The master, in going into
territory, does not carry with him tile law
of the State from which he removed Slav.
cry he rep ed-or property in hNman
beings-does not arise from the International
or common law, but from a mere municipal
regulation. There was no just ground Tor
the argument that this was exclusively Mis-.
souri, question. Dfed Scott and his family
were free under decisions given within the
last twenty eight years. A slave who &C.
quires his freedom by his removal to a another
State, cannot be reduced to slavery by his re-
turning to the State from which he emigrated.
So far from this being merely Missouri case,
it is one which comes under the twenty fifth
section OF the judiciary act, and, therefore,
may be brought for the revision of this court
from the Supreme Court OF the State of Mis-.
souri,.