The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-03-11

elections nor serve as jurors nor appear as witnesses
where whites concerned These rights are secured In
the men of The slsv,hsane States, who took SO large
share In the formation Of the constitution could be SO
gardss Of themselves and the safety Of those who trusted
arr confded in them.
Every law OF naturalization coDiues citizenship 10 wh
persons This 10 marked separation from the blacks.
Under the confederation every State had right decide
for itself and the free nhabantn the generality of
FORM certainly excluded the African race Laws were
framed for the latter especially Under the constitution
the word citizen" is substituted for free inhabiant"
After further elaboration this point the Chief Justice
said from the best consideration have the
euson that the African who TO this country
whether free slave not intended to be included in
the constitution for the enjoyment Of any personal rights
or benefits and the two provisions which point to them
treat them property, and make il the duty Of the gov
eminent to protect them as such Hence the court is OF
opinion from the facts stated in the plea in abatement that
bred Scott not citizen Of Missouri and is not there
fore, entitled to in the United States courts.
The following facts appear on the record
Dr. Emerson who surgeon in the army Of the United
Sates In that year (l834) said Dr. Emerson took the
plaintiff from the State of Missouri to the military post at
Rock Island in the State of Illinois, and held him there as
slave until the month of April, 1885,. Attic time last
mentioned said Dr. Emerson removed the plaintiff from
said military post at Rock Island the military post at
Fort Smelling situated the west bank of the Mississippi
river in the territory known Upper Louisiana acquired
by the United States from France and situated north of
the latitude of SO degrees 80 minutes north and north OF
the State of Missouri Said Dr. Emerson held the plant
in slavery at said Fort Smelling until 1888. t,l u
ain the year 1885 Harriet (who named in the second
count of the plaintiffs declaraon) the slave of Major
Taaerro who belonged to the army OF the United States
In that year s35) said Major Tasferro took said Harriet
to said Fort Soeling military post situated as herein
before stated and kept her there slave until the year
1885, and then sold aud delivered her slave at Fort
Suelng said Dr. Emerson hereinbeore named; and
said Dr. Emerson held said Harriet in slavery at said Fort
Smelling until the year 1888. ~
SIN the year 1886 the plaintiff and said Harriet said
Fort Smelling with the consent Of said DIR. Emerson who
then claimed 10 be their master and owner intermrred
tApE oh nth fnr hnQ hQnd md w
Lizzie named in the third count of the plaintiff declara
ton the fruits of that marriage Eliza Is about four
teen years old, and born board the steamboat Clip
sey north the north line of the State OF Missouri and
upon the Mississippi river Lizzie is about old
and born in the State Of Missouri at the military pos
called Jefferson Barracks
ain TIE year 1928 said Dr. Emerson removed the plain
tiff and said Harriet, and their said daughter Eliza from
said Fort Smelling TO the State Of Missouri where they
have since resided.
Before the commencement Of this suit said Dr. Emer-
sou sold and conveyed the plaintiffs said Harriet Eliza,
and Lizzie to the defendant slaves and the defendant
claimed TO hold each of them as slaves ~,
"At the times mentioned in the plaintiffs declaration,
the deen LIANT claiming TO be aforesaid laid his
hands upon said plaintiffs, Harriet Eliza and Lnzs and
imprisoned them; doing in this respect however more
than what he might lawfully do they were OF right his
slaves at such times"
i The Chief Justice proceeded 10 examine the statement,
assuming that this part OF the controversy presented two
| questions;
Firstly Was he scott and all his family free in Mis-
Secondly II not, were they ree by reason of b, re-
inoval to Rock Island, Illinois?
The act of Congress which the plaintiff relies contains
the clause that slavery and involuntary servitude except
for crime shall be forever prohibited that part of the
territory acquired by treaty from Louisiana and not in
cluded within the limits OF the State of louisiana The
difficulty which meets us at the hrt shold is whether Con-
gress authorized pass such Law under the powers
granted to it by the constitution Tho plaintiff dwells
much the clause which gives Congress power to make
all needfl rules and regulations respecting the territory
other property OF the United Staesr But this pro-
vision has no bearing on the present controversy The
belonged 70 and ea
influence OH territory which was acquired from foreign
governments
The Justice then referred to the cessons of land by yr-
gnia and other States saying the only object pu,
An end the existing controversies and TO enable Con
gres to dispose of the lands for the common benefit I'm
doubleday the power of sovereignty and eminent domain
coded in the act This proper make it
tia There then government in existence with
merated powers What called the States thirteen
Independent colonies which entered into confederation for
mutual protection 1t was little than Congress OF
ambassadors in which all had concern 1t was
this Congress which accepted the cessoh from Virginia
They had right TO do under the Articles of the Con-
federation but they had right independent powers
accept the land for the benefit and is equally
clear having no superior to control them they had
to exercise absolute dominion subject only the resrc-
tions which Virginia imposed The ordinance of 1881 was
adopted by which the territory should be governed
among other provisions that slavery invoun-
tary servudes houd be prohibited except for crime
This was the state of things when the constitution was
formed The territory coded by Virginia belonged to the
about to dissolve the confederation and surrender
portion of their power for the formation govern
ment, and the language used limited and specified the
objects be accomplished. 1t obvious that some pro-
vision necessary give the government the
power to carry into effect every object for which the terri
Tory was ceuea: n-cesa-y the lands should
be sold to pay the debt and that power should be
given to protect the ctzsns who might emgra'e, with
their rights of property Arms military stores las well
ships OF war; the common ery OF the States
stihg in their independent charct and they had right
to take their property the territory without the auhor
ty of the States The object place these things
der the guardianship ut new government which gives
Congress the power Ito make all needul rules and reRua
tons respecting the territory other property of the Uni
ted States 1t applied only to property held in
at the time aud not with reference to any property which
the sovereignty might subsequently acquire It applied
to the territory then in existence end known as the terrific
ry of the United States then Id tho mild of the trainers of
the constitution 1t refers the sale raising OF money
This Is different from the power to egsate the terri
tories With the words to make all needul rules and
regulations respecting the territory coupled the
concluding words render this construction irresistible:
"And nothing in the constitution shall be construed
TO prejudice any claims of the United States any par
hcufar Stotep III.
IL obvious that the Congress under the new govern
regarded the above clause necessary carry into
effect the principles and provisions Of the ordinance
Of 1885, which they regarded act of the States in
the exercise of their political power the timer nd these
repre- of the States under the govern
did think proper to depart from any al
principe and did attempt to undo any thing that was
done.
As territory acquired without the limits OF the United
States II remains territory until admitted into the Union
No power given in the constitution acquire territory
to be held and governed in that character ard cons
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