Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1857-03-12
DRIED SCOTT CASE.
RSTISG OPINIONS OF JuDGEs McLE&S Am
CrRrIS.

A4NAS-&s
CuRrIs.
Associate Justice Mclean proceeded to ex-
press his views in the case Of the bred Scott
against Sanford After stating the facts rela.
tive to the subject the plea as jurisdiction is
radically defective. It had never been held me-
ccSsary that to constitute citizen a man should
/ have the qualification of an elector. Females
and miners may sue in the federal Courts and
SO may an individual who has his domicil in
I the State in which he rnny sue. The most gen-
ernl definition of citizen is freeman. Ehe
plea does not show bred Scott to be slave. 1t
I does not follow man isinot free whOgg ancess
! tors were slaves. Il was said coloredI citizens
are not agreeable members of society; but this
| was mHrc matter of taste than Oflaw, Several
of the States have admitted such persons to the
fright of suffrage, and recognised them as citi-
zens; and this has been done in slave as well as
| in free States. Onthe subject of citizenship We
/ have not been very faStidious. Under the late
/ treaty with Mexico, we have made citizens of
4 all grades, combinations and colOrS. Tho same
was done inn The cas- of Louisiana and Florida.
/ Sp.one ever doubted, nor n court held, that the
inhabitants did not become citizens under the
treaties. They have become citizens without
being naturaliZed.
Throughout the continent of Europe, without
exception, it has beenheld that slavery can ex-
list only in territory where it has been establish
I ed, and beyond that tho master cannot sustain
t1ss1l s:tsS - S99S
bound to return the master his fugitive slave,
under the civil law Of the Law of nations The
! slaveis held to be free where there is no trea-
! ty, Obligation or contract to return him to his
master. IN the case OF inc state 81
| pennsylvania, inc STATE OF slavery Is deemed 60
pc mere. municipal, regulation, founded and
limited to the range Of the State which enacts it
ms was inc 9eclsIon7 IN the case OF ootneTset,
III england, Wnlchs was decided before tue Am
ffnterEare Win slo,or,, IN Tho -, Il,
Ioto ,6.t +; III 49, y. ~
among fine coy.roI S;f,to W.. - 49,
lanes &IoIl;son ,,Tost r,oS
was 1ortic,lo IN rSrtI So
sar,,iI, o,. lsi,n, ne tlo, 81 "a % :. ~
inerfy While he fT,',le,o ALL 81, ~ ,Ir,aI ttS4
| this ,ovarnnnnt ,t,os net ,naJ S a. soJs.s3
70, s tla,,, - M.
Stotss Tho .i
Il
~, tl,at ;t ~ '. ~
condition f tI,ot,:ca W,,,,s C tho
|I;S - i
i.,,,-. Gt ~ ~ tsi; ss.'u !. - :. M
Ieo5no, T,a, b"tb as +lo So4I, tI ~
tTt ~ c s'.S
t;i :, S4 "ueN
All g. 49, l. ~. ~.
II ~ - ..'
tons ~ t .t . nsiss1.y lu's an!
= VI
has the power to establish it The power to
acquire carries with it the power to govern
Congress can exercise no power prohibited by
the ;nt.r1,I ~ - re ~
deem slaves or free persons of color injurious to
territory, it has. the power to prohibit them
from becoming settlers therein. Where terri
tortal government has been established on slave
territory, it has uniformly remained in that con-
ldition; so when the territory was free; and
sovereignty Of the federal government extends
to all territory of the United States. If we
have the right to acquire territory, we have the
right to govern it, and this has always been
exercised. The Constitution was framed for the
whole country, and this prohibition of slavery