Holmes County Republican. [volume] (Millersburg, Holmes County, Ohio) 1856-1865, 1857-03-19
The Dred Scott Case Decided.
The Missouri Compromise I'm.
constitutional.
WASHINGTON, March 6,

w 1aofAN1lO4N3 AAfhiIn ". p
The opinion of the Supreme Court in
the bred Scott case was delivered to-day
by Chief Justice Taney It was full and
elaborate statement of the views of the
Court. They have decided the following
all-important points: t. s
lst. That negroes, whether slaves or free,
that is, men of the African race, are not
citizens of the q. s. by the constitution.
I'd. That the ordinance of 1887 had no
independent constitutional force OF legal
effect subsequent to the adoption of the
Constitution, and could not operate, of it.
self, to confer freedom or citizenship within
the Northwest Territory, on negroes, not
citizens by the Constitution.
3rd That the provision of the act of
1920 commonly called the Missouri Com
promise, SO far as it undertook to seclude
negro slavery from, and communicate free
dom and citizenship to negroes in I.ouisi-
ana eession, was Legislative act exceeding
the powers of Congress, and void, and of
no legal effect To that end. i
In deciding these main points the SUI
preme Court determined the following in
cidental points.
Ist. The expression Territory and other
property of the Union" in the Constitution,
applies in terms only to such Territory as
the Union possessed at the time of the
Constitution.
I'd. The rights of citizens of the U. s.
emigrating to any federal territory and the
power of the federal government there, de-
pend on the general provisions of the Con-
stitution which defines in this, as in all
other respects, the power of Congress.
3rd. As Congress does not possess power
itself to make enactments relative to per-
SONS or property of citizens of the U. s.
in federal territory other than such as the
Constitution confers, so it cannot eonstitu-
tionally, delegate any such powers to
Territorial government organized by it un-
der the Constitution.
4th. The legal condition of slave in
the State of Missouri is not effected by the
temporary sojourn of such slave in any
other State, but on his return his condi-
tion still depends on the laws of Missouri
as the plaintiff was no ta citizen of Mis-
souri, and therefore, could not sue in the
Courts of the q. S., The suit must be dis
missed for want of jurisdiction.
The delivery of this opinion occupied
about three hours, and il was listened to
with profound attention by crowded court
room. Among the auditors were many
gentleman of eminent legal ability and a
due proportion ef 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 question depended
wholly on the law of Missouri, and for that
reason the judgement of the court below
should be affirmed.
Justice Catron believed the Supreme
Court had the jurisdiction to decide the
merits of the case. He argued that Con
gress could not de directly what it could
not do Indirectly. If it could exclude one
species of property it could another. With
regard to the Territories ceded, Congress
could govern them only with the restric-
tions of the States which them and the
Missouri act of 1920 violated the leading
features of the constitution. 1t was there
fore void. He concurred with his brother
Judge that Scott is a slave, and was so
when the suit was brought.
Several other of the Judges are to de.
liver their views to morrow.