The Washington union., 1857-05-28
The supreme court OF the United states
TIE DRIED SCOTT CASE.
(cosoLumos on JUDGE rAsrY's OPINION. ]
The oGeial Report

nent domain were oeded with the land This was
tal in order make IL efectua and to accomplish its
objects But IL must be remembered that at that tine
there government of the United States In exist
ence with enumerated and limited powers what was then
called the United States thirteen separate sovereign
Independent States which had entered INTO league or
confederation for their mutual protection and advantage
and the Congress of the United States composed OF
the representatives these separate soveregntes meet
ing together as equals to discuss and decide ON certain
measures which the States by the Articles OF Confedera
ton had agreed to submit TO their decision. But this
Confederation had of the attributes OF sovereignty
in Legislative executive, judicial power IL was little
more than congress of ambassadors authorized TO rep
resent separate nations, In matters In wfch they had
common concern.
1t this Congress that accepted the cession from Vr
gina They had power to accept it under the Articles
of Confederation But they had an undonbted right as
independent soyeregntes to accept any cesson OF terri
tory for their benefit which all of them assented
to and it is equally clear that their common prop
erty and having superior to control them they had
the right to exercise absolute dominion it, subject
only the restrictions which Virginia had imposed in her
act of cession. There have said no govern
the United States then in existence with special
enumerated and limited powers The territory belonged
to soyereignes who subject to the limitations above
toned had right to establish any form OF government
they pleased, by compact treaty among themselves
and to regulate rights of person and rights of property in
the territory, they might deem proper 1t was by
Congress- representing the authority of these several and
separate soveregntics and acting under their authority
and command but not from any authority derived from
the Articles of Confederaton that the instrument usually
called the ordinance of 1887 adopted regulating in
much detail the principles and the laws by which this
territory should be governed and among other provis
IONS slavery is prohibited in it. We do not question the
power of the States by agreement among themselves to
pass this ordinance its obligatory force in the terri
tory while the confederation league of the States in
their separate sovereign character continued to exist
This the state of things when the constitution OF
the United States formed. The territory ccded by
Virginia belonged the several confederated States
property and they had united in establishing
in it system OF government and jurisprudence, IN
order to prepare it for admission States, accord
ing to the terms of the ccssion They about to
dissolve this federative Union and to surrender por
tion OF their independent sovereignty to gov
ernment, which, for certain purposes, would make the
people of the several States one people, and which
was to be supreme and controlling within its sphere
of action throughout the United States but this gov
ernment to be carefully limited in its powers,
and to exercise authority beyond those expressly
granted by the constitution, necessarily to be inn
piled from the language of the instrument, and the
objects it intended to accomplish and this league
of States would, upon the adoption of the new govern
ment to have any power the territory, and
the ordinance they had agreed upon be incapable Of
cution and nullity it obvious that pro-
vision necessary to give the government suf-
cen power to enable it to carry into effect the objects
for which it ceded and the compacts and agreements
which the States had made with each other in the
else of their powers of sovereignty 1t necessary
that the lands should be sold to pay the debt !;
that government and system of jurisprudence should
be maintained in it, to protect the citizens of the
United States who should migrate to the territory
in their rights of person and OF property 1t
also necessary that the government about to be
adopted should be authorized to maintain the claim of
the United States to the unappropriated lands in North
Carolina and Georgia. which had not then been ceded
but the cession of which confidently anticipated upon
terms that would be arranged between the general
and these two States And moreover there
many articles of value besides this property in land
such arms military stores, munitions and ships-o
which the common property of the States when
which neither the new government nor amy one else
would have right to take possession of,
troll without authority from them and it place
these things under the guardianship and protection of the
new government and to cothe it with the necessary
powers that the clause inserted in the constitution
which gives Congress the power to dispose of and make
all needfu rules and regulations respecting the territory
other property belonging to the United States = 1t
was intended for specific purpose provide for the
things have mentioned 1t to transfer to the
government the property then held in common by
the States and to give to that power to APP
ply it to the objects for which it had been destined by
mutual agreement among the States before their league
dissolved 1t applied only to the property which the
States held in at that tmc and has reference
whatever to any territory other property which the
sovereignty might afterwards itself acquire
The language used in the clause the arrangement and
combination of the powers, and the somewhat unusual
phraseology it when it speaks OF the political power
to be exercised in the government of the territory all in
doe the design and meaning of the clause to be such
have mentioned It does not speak of any territory,
of Territories, but language which, according TO
its legitimate meaning points to particular thing The
power given in relation only to the territory of the Uni
ted Staeshat is to Territory then in existence and
then known claimed the territory of the United
States 1t begins its enumeration of powers by that of
dsposing-n other words, making sale of the lands
raising money from them, which, as have already
said, the main object of the cesson and which is
cordngly the first thing provided for in the article 1t
then gives the power which necessarily associated
with the disposition and sale Of the IS the
power Of making needfu rules and regulations respecting
the territory And whatever construction may now be
given to these words every ONE we think must admit
that they not the words usually employed by states
men in giving supreme power of legislation. They
certainly very unlike the words used in the power grant
might afterwards Itself obtain by cession from State
either for its seat of government for FORTS magazines
arsenas, dock yards, and other needfu buildings
And the power of making neefu rules respecting
the territory is in precisely the language applied
to the other property belonging to the United States
catng the power the territory in this respect with
the power movable personal property is the
ships arms and munitions of war; which then belonged
in common to the State soveregnties and it will hardly
be said that this power in relation to the last mentioned
Objects was deemed necessary to be thus specially given
to the government in order to authorize it to make
needfu rules and regulations respecting the ships might
itself build, and munitions of it might itself
manufacture or provide for the public service.
No one, 1t is believed, would think moment of de-
irving the power of Congress to make necdful rules and
regulations in relation to property Of this kind from this
clause OF the constitution Nor it, upon any fair
sructon be applied to any property but that which the
new government about receive from the confeea