The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-03-14
s :.
The bred Scott Case Decided.
~ WlSHINGToN, March 6, 1857.

The opinion of the Supreme Court in the
the bred Scott case was delivered to day by
Chief Justice fancy. 1t was full and
elaborate statement of the views of the
Court. They have decided the following
important points:
FIRST. That negroes, whether slaves OF
free, that is, men of the African race-are
not citizens of the United States, by the
Constitution.
Second That the ordinance of 1887 had
no independent constitutional force of legal
effect subsequently to the adoption of the
Constitution, and could not operate of itself
to confer freedom or citizenship within the
Northwest Territory, on negroes not citizens
by the Constitution.
Third. That the provisions of the act of
1920, commonly called the Missouri Com
promise, is so far as it undertook to exclude
negro slavery from, and communicate free
dom and citizenship to negroes in the north
ern part of the Lousiar cession, was Leg
islative act exceeding the powers of Con-
gress, and void, and of no legal effect.
To that end, in deciding these main points
the Supreme Court determined the following,
incidental points:
lst-The expression Territory, and other
applies in terms only to such Territory as the
Union possessed at the time of the adoption
of the Constitution.
2nd-The rights of citizens of the Z. S.
emigrating to any Federal Territory, and
the power of the federal government there
depends on the general provisions of the
Constitution which defines in this, as in all
other respects, the power of Congress.
5rd-As Congress does not possess power
itself to make an enactment relative to per-
son or property of citizens of the United
States, in Federal Territory, other than such
as the State Constitution confers, so it can.
not constitutionally delegate any such pow
ers to Territorial government organized by
it under the Constitution.
4th-The legal condition of slave in the
State of Missouri, is not affected by tempo
rary sojourn of such slave in any other
State, but On 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, the suit must be dismissed
for want of jurisdiction.
I he 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 gen.
tlemen of legal ability, and due proportion
of ladies.
Justice 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 view of tenn
porary residence, worked his emancipation
He maintained that the question depended
wholly on the laws of Missouri, and for that
reason the judgment of the Court should b.
affirmed.
Justice Catron believed the Supreme
Court has jurisdiction to decide the merits
of the case. lie argued that Congress could
not do directly, what it could not do ind-
rectly if it could exclude one piece of prop
erty, it could another. With regard to the
Territories coded, Congress could govern
them with the restriction of the States
The Missouri act of 1920 violated the lead
ing features of the Constitution. 1t was
therefore void. He concurred with his bro
thcr Judge, that Scott is slave and was so
when the suit was brought. Several of the
other Judges are to deliver their views to-
morrow.