Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-03-13
Decision of the U. s. supreme Court In
the bred Scott Case.

w W
The opinion of the Supreme Court in the
bred Scttt case was delivered to-day by
Chief Justice Taney. 1t was full and
elaborate statement of the views Of the
court. They have decided tho following
all-important points:
First, That negroes, whether slaves or
free, that is men of the African race, are not
citizens of the United States by the Consti-
tuition.
Second, That the ordinance of 1887 had
no independent constitutional force or legal
effect subsequently to the adoption of the
Constitution, and could not operate of itself
to confer freedom or citizenship within the
northwest Territory, to negroes not citizens
by the Constitution.
Third, That the provision of the act of
1920, commonly called the Missouri Com
promise, is unconstitutional, so far as it un-
dertook exclude negro slavery from, and con-
fer freedom or citizenship upon negroes in
the northern part of the country. The Louis
lana cession was Legislative act, excluding
the powers of Congress, and is void and Of
no legal effect to that end.
In deciding these main points the Su-
preme Court determines the following Incl
dental points:
First The expression "territory and 9th
er property of the Union" in the Constitu-
ton, applies in terms only to such territory
rs the Union then possessed at the time OF
the adoption of the Constitution.
Second, The rights of the citizens of the
United States enigrating to any federal ter
ritory, and the power of the Federal Govern
ment there to defend them is determined
by the general provisions Of the Constitution
which defines in this, as in all other respects
the powers of Congress.
Third, AS Congress does not possess
power within itself to make enactments re-
lative to the person or property Of citizens
of the United States in federal territory
other than such as the Constitution confers,
so it cannot Constitutionally delegate any
such powers to territorial government, or.
ganized by it under the Constitution.
Fourth, The legal condition of slave, il
the State of Missouri, is not effected by tenn
porary sojourn of such slave, in any othel
State, but on his return his condition still
depends on the laws of Missouri. As the
plaintiff was net citizen of Missouri, anj
therefore, could not sue in the Courts of tho
United States, the suit must be dismissed
for want of jurisdiction.
The delivery of this opinion occupied
about three hours and it was listened to
with profound attention by crowded court
room. Among the auditors were many
guests of eminent legal ability and due
proportion of ladies.
Justice Nelson stated the merits of th'
case, the question being whether or not tn
removal of Scott from Missouri, with hi
master to Illinois, with view of tenporar,
residence, worked his emancipation. HI
maintained that the question depended
wholly on the law of Missouri, and for tina
reason the judgment of the court beloy
should be affirmed.
Justice Catron believed the Suprem
Court had jurisdiction to decide the merit
of the case. He argued that Congress
could not do directly, what it could not d
indirectly. If it could exclude one specie
of property it could another. With regar
to the territories he decided that Congres
could govern them only with the restriction
Of the States. The new act of 1920 violat
ed the leading feature of the Constitution
and was therefore, void. He coincide
with his brother judge that Scott is slav
and was so when the suit was brought.
Several of the other Judges are to delivc
their views tomorrow.
Washington, March Z.
In the U. s. Supreme Court this mornin
Justice Mclean delivered his views, arguin
that slavery is limited to the range Of State
when established by mere municipal law
If Congress deem slaves or free colored pc
sons injurious to the territory, they haV
the power to prohibit them from becomin
settlers therein. The power to accquil
territory brings with it the power to Cover
it. The master does not carry with hiI
, to the territory the law of the State frol
which he removes. Hence, the Nilsson
Compromise is constitutional and the pr
i sumption in favor of the freedom Of Drc
Scott and his family who were free, und'
decisions for the last twenty-eight years.
5 Washington, March 8.
Q Gen. Cass has gone TO Michigan TO NAL
arranoemanfs for n residanca here