Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1857-03-13

THE DRIED ScorT CASE. The opinion
of the Supreme Court, in the bred
Scott case, as read by Chief Justice
fancy, on Friday last, decides that;
1. Negroes, whether slaves or free
that is, men of the African rice--are
not citizens of the United States by the
Constitution.
2. The ordinance of 1887 had no in
dependent constitutional force or 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 ne
groes not citizens by the Constitution.
3. The provision of the act of 1920,
commonly called the Missouri Compro-
mise, in so far as it undertook to exclude
negro slavery and communicate freedom
and citizenship to negroes in the North
ern part of the Louisiana cession, was a
legislative act exceeding 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 fol-
lowing incidental points:
1. The expression territory and
other property" of the Union, in the Con-
stitution, 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 emigrating into any Federal ter
ritory, and the power of the Federal
Government there, depend on the gen
eral provisions of the Constitution, which
define in this, as in all other respects, the
powers of Congress.
3. As Congress does not possess power
itself to make enactments relative to the
persons or property of citizens of the
Federal territory, other than such as the
Constitution confers, so it cannot consti-
tutionally delegate any such powers to a
Territorial Government organized by il
under the Constitution
f. The legal condition of slave in
the State of Missouri is not affected by
the temporary sojourn of such slave in
any other State, but on his return his
condition still depends on the laws Of
Missouri.
The delivery of this Opinion occupied
about two hours, and was listened to with
profound attention, by crowded courI
room: and, whether as decision of the
Supreme Court, or for the constitutional
arguments on which it stands, will work
a powerful influence throughout the Uni.
ted States. Its conclusions were con,
Cured in, we understand, by six of the
Justices of the Court--namely, Justices
fancy, Wayne, Catron, Daniel, Griel
and Campbell.
Mr. Justice Nelson read an Opinion
in which he did not enter into the con
stitutionality of the Missouri Compro
mise, but held, ard on that ground af
irmed the Judgment of the Court above
that slave carried into a free State
whatever might be the laws of that State
remained a slave whenever returning t.
the State in which his owner resided.
MIR Justice Gatron also delivered al
Opinion, in which the freedom of tn,
Northwest Territory was made to be til,
act of the State of Virginia, which wa
the original proprietor of the Territory
and which alone, and not Congress, haG
the right to prohibit slavery there. lii
expressed himself in very decided terms
against the constitutionality of the Mis-
, souri, Compromise.
Opinions dissenting from the judg-
J ment of the Court were delivered or
Saturday morning last by Justices Nc.
Lean and Curtis.