Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1857-03-12
IMPORTANT DECISION BY THE U. S.
SUPREME COURT,

SUPREME COURT.
The DRIED Scorr CAsE-The opinion of
the Supreme Court in the bred Scott
was delivered by Chief Justice fancy on
Friday. 1t was full and elaborate state
mcnt of the views of the Court. They have
decided the following, all important points:
First-Negroes, whether slaves or free
that is men of the African race-are NOTCH
tizens of the United States, by the Consti-
tuition.
Second-The ordinance of 1877 had no
Independent constitutional force or legal eff
feet subsequently to the adoption ofthe Con-
stitution and could not operate of itself to
confer freedom or citizenship, within the
Northwest territory, on negroes not citizens
by the Constitution.
Third-The provisions of the act of 1920,
commonly called the Missouri Compromise,
in so far as it undertook to exclude negro
slavery and communicate freedom and citi-
zcnship to negroes in the northern part of
the Louisiana, was a legislative act exceed
ing the powers Of Congress and cold, and
of no legal effect to that end.
In deciding these main points the Supreme
Court have determined the following Incl
dental points:
First-Thc expression 'territory and
property" of the Union, in the Constitution
applies Gin terms) only to such territory as
the Union possessed at the time of the a.
doption Of the Constitution.
Second-The rights of the citizens of the
United States emigrating into any Federal
territory and the power of the Federal gov
eminent there depend on the general proyi
sions of the Constitution, which defines in
this as in all other respects, the powers of
Congress.
Third-As Congress does not possess
power itself to make enactments relative to
the persons OF property of citizens CT the
United States in Federal territory, other
than such as the Constitution confers, so it
cannot constitutionally delegate any such
powers to Territorial government organ
lied by it under the Constitution.
Fourth-The legal condition of slave
in the State of Missouri is not affected by
the temporary sojourn Of such slaves in any
other State, but at his return his condition
still depends on the laws of Missouri. AS
the plaintiff was not citizen of Missouri
and therefore could not sue in the Courts of
the United States, his suit must be dismiss
ed for the want of jurisdiction.
The delivery of this opinion occupied a.
bout two hours and was listened to with
profound attention by those in the crowded
court room.
The Baltimore San says:
The decision just made in the bred Scott
case, an obscure African, by the Supreme
Court of the United States, is probably the
most important that ever emanated from that
the Missouri Compromise Act Of 1920 I'M
constitutional-that act which drew slave
Zine and free line on the Territory of the
United States, prohibiting slavery colonial
ton north of SO 60 This line Congress in
1850 refused to extend to the Pacific ocean,
and in 1852 repealed the act. We cannot,
Of course, on the meagre data furnished by
the brief summary of the decision which has
80 far reached us, undertake to divine it's
full force and bearings The points of the
decision cannot be entirely and accurately
comprehended until the full reports of the
opinions of the Judges are procured. These
we shall await with considerable interest,
and while desiring to avoid any hasty or un-
advised remark, we cannot, in the mean
time, refrain from expressing our grati6ca-
ton that this important subject has at last
had a final adjudication, and one which is in
accordance with the great principle of popu-
lar sovereignty in regard to slavery in the
Territories, and which the newer lights
which time and circumstance have impaired
since Congress first injudiciously undertook
to interfere in the subject, have been effec-
tual in establishing by the abnegation in the
Kansas-Nebraska bill of all legislative con-
troll by that body over slavery in the terri
tories. At present we can only give such
other facts in the case as are at hand.
It appears that the owners of the slave
bred Scott, who brings the action, carried
him to Rock Island, in Illinois, and Fort
Smelling, north of the Missouri line, and re-
sided there for years. He carried him back
to Missouri, and then claimed that the Sta
tus of slavery resumed. The court sustains
the action Judges fancy, of Md: Camp
bell, of Ala; Catron, of Tenn; Wayne, of
stitutional point against the Missouri Com
promise. Judges Nelson, of N. Y, and
Grier, of Pa, adopt the Missouri decisions
and thereby join the majority; that is, they
stand upon the ground of the ler loci Of
Missouri, where recent decisions reverse old
decisions by re-converting bred, free in IL
inois, to his old state of slavery when re-
turned to Missouri. Judges Mclean, of
Ohio, and Curtis, of Mass, sustain the ju-
risdiction of the court, with the constitution
atty of the Missouri Compromise.