Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-06-26

n
tins court 70 rcyoreo on toqrrM nr6nnda
where more than ono error appesf9 to hove,
been committed. And tho error Of 4 Cit
cult court ID its Jurisdiction stands on tbt
same ground, and is 20 bo treated 10 tb&
Same manner - any other error upon uhich
us Judgement y founded,
q The decision, tbsrefote, that tho jndeSt
ment OF tho Circuit upon Che plea 10 sbafe,
ment Is erroneous, Is no reason Why ne AZ
legcd error apparant IN, the sxfeption,
should not DC examined, and the tudgetocht
reversed on that ground, also, IL Il discloseA
want OF Jurisdiction in the Circuit Court
.. A. is often the duty Of this Court alter,
,asing uec'ned os .nht particular dec1sion on
.ne Oi,cu'' Sour. was erroneous, % oxamlneY
in'o ~ otncr elegcu errors, and 70 correct them
II tncy arc iouno 70 exist And that has
oeen uniiormaliy done by this Court when,
'ne quesuohs are "a any degree coppeetcd
witn S, lnc cvn'roycrsy, ana tne silence q h9
court m'ght create oouots wnicn wouid lead,
'" 'u''iie' anu uSciess n''ga'Vnf 81 ssssT
I - f-rs IA. -.., "a si,sl.se.
]. The facts upon which, the plaintlG
rules, did not give him his freedom. ant,
make him citizen Of Missouri: I.s-v.sr
Q. The clause in the Constitution auty,ors
izinp Congress to make all peedf,,l r,,les And,
regulations for the government Of tho tsrr;z
tory and property Of the United Stairs. an
plies only to territory within the chartered,
limits Of some one Of the ststos wbcn thee
were colonies of Great Britain, and which
were surrendered by the British governmcnt
to the old Confederation of the States in
the treaty Of peace. II does not apply 20
territory acquired by the present fsdarai gss,-
lernnent by treaty or conquest from q for
eign nation. sds
| The case Of tho American and Ocean
Insurance Companies sgt. Csnter Il Petarss
tn..) o. * rele,rea 70 ana examined, showing
;~' s;,I ~ ''ils case y noo ~ con,
| ,.I .""s OPINION, s"l 'ns' sle oouI' u'a
-, ~ -. e'ss % y, W ueoue utoh .uo
80 aSo.'s :. :ue t'"pso ~ 'ns Sons''su. ~
s. oo 49, 49,. All ,'Io"su, oeeauso 'nc case 9o-
4io e'u u'a no' iiiaAe u neoeSsAfy 70 ae' y
''.e 'Te r, qa1st,ou. II.
ine onl'ed ota'es' undar the present
SonSei'u'ion, cannot acquire territory 70 be
heiu as . coiony, 70 oe governed at IT'S WI
anc pleasure. nu, IL may acquire territory
"".I =. eue .,lie mas no Popuia'lon, wnicn,
be adw;t,si os S,.t f. eTr''les Tr; ~ 70
" ''u m,'': ~ q o'a'e 'h'o tne Union:
can,. Du'iug quo 'i'ns i," II remains teirsory,
sns 0oeS' IS may leg'sla'e over J. wl.n'n .ne
- .s sIons'l'1,'onai !, powers 10 RELATION
" e,,,e.us " 'ne oni'ed o'a1es---ana mayy
ss'aolisn . 'erritofiai governHent-and the
,, ;o..l, 1l 'nIs local government must be regu-
8 'a.cu oy INC discretion OF Congrcss--but
WIN powers not exceeding those which
Sohg'esS nseH' oy Inc constltution, Is au'
t4oiilSu 70 exercise over citizens OF tho
oul'eu ola'es, IN respect 70 the'r rights Of
7 persons "no rignts OF property
: ~.
{ 1. The territory thus acou;red IA ao,ui,.
, ed by tho people of the limited Ststes far
5 their common and equal benefit tbrouch
their agent and trustees, tho Federal Gov s
ernment CONGRESS can axo,c;so NO ,,e,r.,
! over the rights Of persons or nronertv of !
!, citizen in the territory which Is probib;ted
o by the Constitution. The Government and
n the citizen, whenever the territory il oper
It to settlement, both enter il with their re
9 spective rights defined and limited by tha
s Constitution. ~
l. 2. Congress has no right to prohibi. the
citizens of any particular State or state
d from taking M their home there. wbile n
permits citizens Of other States to do so.--
9 Nor has it right to give to one class q
. citizens which it refuses to another. The
! territory is acquired for their equal and
Q common beneft---ard il open TO any, Il
! must be open to all upon equal and the sa,ne
terms.
$ 8. Every citizen has right to tako with
: him into the territory any article of proper.
d ty which the Consultation of tho qnited
Q States recognizes as property.
i 4. The Constitution Of the United States
i recognizes slaves as property, and pledges
o the Federal government to protect IL And
q ess o',''no. uAe'oso any o.e au..osill
n oons.;,u,;ons,, ~ ma sr @
So"s'i'u''o'n''y o"eisieeo osoi k'otoay " M,