The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1857-03-17
IMPORTANT DECISION OF THE u.
STATES SUPREME COURT.
March 5, 1857.

STATES SUPREME COURT.
The opinion of the Supreme Court in
the bred Scott case was delivered by Chief
Justice fancy. 1t was a full and elaborate
statement 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 not
| citizens of the United States by the Con-
! stitution.
Second-The ordinance of 1857 had no
! independent constitutional force or legal
effect subsequently to the adoption of the
| Constitution and could not operate Of it
! self to confer freedom or citizenship, with
! in 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-
zenShip to negroes in the northern part of
the Louisiana cession, was legislative act
exceeding the powers of CONGRESS and roih
and Of no legal effect to that end.
In deciding these main points the Su-
preme Court have determined the following
incidental points:
Eirst--The expression 'territory and
other property of the Union, in the Con-
stitution, applies lin terms) only to such
territory as the Union possessed at the
time of the adoption of the Constitution.
SecOnd-The rights of the citizens of the
United States emigrating into any Federal
territory, and the powers of the Federal
government there, depend on 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
itself TO make enactments relative to the
persons or property of citizens of the United
States in Federal territory, other than such
as the Constitution confers, so it cannot
con<titutionally delegate any such powers
to a Territorial government organized 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 slave in
other States, 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 dis
missed for want of jurisdiction.
The delivery of this opinion occupied
about three hours and was listened to with
profound attention by those in the crowded
court room. Among the auditors were
gentlemen of eminent legal ability and
due proportion of ladies.
Judge Nelson stated the merits of the
case-the question being whether or not
the removal of Scott from Missouri with his
master to Illinois with temporary residence
worked his emancipation. He maintained
that the question depended solely on the
law of Missouri, and for that reason the
Judgment of the Court below should be af-
firmed.
Judge Catron believed that the Supreme
Court has jurisdiction to decide the merits
of the case. He argued that Congress
could not do directly what it could not do
indirectly. If it could exclude one species
of property, it could exclude another. With
regard to the Territories ceded, Congress
could govern them only with the restrictions
of the States which ceded them, and the
Missouri act of 1920 violated the leading
feafilres of the Constitution and was there
fore void. He concurred with his brother
Judges that Scott is slave, and was SO
when the suit was brought.
On Saturday morning Mr.. Justice Nc
Lean delivered his opinion in the case. 1t
was in dissent from the conclusion of the
majority of the Court. Mr.. Justice Curtis
then delivered his opinion on the same case,
which also dissents from the Judgment of
the majority. Separate opinions, concur
ring in the Judgment pronounced on Friday
by Justice fancy, were read by Justices
Daniel, Grier, Campbell and Wayne.
n The Wilmingtonians are going to
erect a Monument to commemorate the
battle of Moore's Greek.