The Camden weekly journal. [volume] (Camden, South-Carolina) 1853-1861, 1857-03-31
The Opinion.

The hour at which We were forced TO 60 10
press yesterday, necessarily compelled US to
allude very briefly to the opinion Of the Sup
RENE Court in the Dred Scott case. We have
now to say, that as read by Mr. Chief JUS
tice Taney, it decides that:
/. Negroes, whether slaves or free-that is,
men of the African race-are not citizens OF
the United States by the Constitution.
2. The ordinance of 1857 had no indePen-
den. constitutional force or legal effect subse-
ouen,ly to the adoption of the Constitution,
and could not operate of itself to confer free
dom or citizenship within the North west Ter.
ri,ory on negroes not citizens by the Cons,itu.
ton.
3. The provision of the act of 1920, COM
monty called the Missouri Compromise, in so
far as it undertook to exclude negro slavery
-T0m anG communicate freedoms aud c1tfze"saiP
to negroesin the northern part of the Louisi
ana cession, was Legislative act excesding the
powers Of Congress, and void and Of no legal
effect to that end.
In deciding these main points, the Supreme
Court determined also the following incidental
points: :;
|. The expression "territory and other pro-
perty" of the Union in the Constitution applies
in terms only to such territory as the Union
possessed at the time Of the adoption of the
Constitution.
2. The rights of citizens Of the United States
emigratiug into auy Federal Territory, aud the
power of the Fedora! Government there, de-
pends on the'general provisions ofathe Consti
tuition, which define in this, as in all other re
spects, the powers Of Congress. :,
3. As Congress does not possess power itself
to make enaclments relative to the persons or
property Of citizens of the United States in
Federal territory, other than such az 4i,e Con-
stitution confers, SO it cannot constitutionally
delegate any such powers to IL Territorial Gov
ernment organized by it under the Constitrl-
ton.
q. The legal condition Of a slave in the State
of Missouri is not affected by the temporary
>oiourn Of such slave in any, other State, but
ON his return his condition sill depends on the
laws of Missouri.
The delivery of this opinion occupied about
two hours, aud was listened to with profound
attention, by crowded court room; and, whetli
er as decisionsof the Supreme Court or for
the constitutional arguments On which it stands,
will work a powerful influence throughout the
United States. Its eonclusiors were conquered
ia, We nuderstand, BY six of the Justices Of
the Court-namef, Justices. fancy, Wayne.
Cstfon, Daniel, Grier, aud Gainphell.
Mr.. Justice Nelson read an opinion, in which
he-did not enter into lhe co,isti,ntionality of
= -s =.
ground and affirmed the Judgment ofihe Court
below, that a slave c,rred into free State,
whatever might be the laws Of that State, re-
manned a slave whenever returning to the State
in which his owner resided.
Mr.. Justice Catrnn also delivered an opinion,
in which the freedom'oftbe.Nortli west Iefxto.
ry was made to be the aetof the State Of sVir.
giua which was the original propietersof the
Territory, ard which alone, and not Congress,
had the right to prohibit slavery there. He
expressed himselfin very decided terms against
the cors,i,uti"nali!ty Of the Missouri Compro-
mise.
We are informed tha. opinions dissenting
from the judgment of the Court will be deliver
ed ihismornng at Al "elotk by Justices Nc
Lean aud Curtis Wdshington Star.