The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-03-27
Decision Of the Supreme Court in the
Gas, OF bred Scott.

IN respSSt W tnc cisikcusuiP VI coeosSo ~
sons. and the constitutionality Of tho Ordi- |
nance Of 1857 and Of the Missouri Com
promise, was decided in the Supreme Court
Friday, March 5th. Chief Justice fancy
read an elaborate opinion, embracing the
views Of the majority of the Cours-Justices
fancy. Wayne, Daniel, Grier, and Camp
bsli. Judge Catron delivered an opinion
Of own, differing somewhat from that OF
the majority in regard to the power Of the
Federal Government over Territories; Judge
Nelson also submitted his views, in which
the question concerning the validity Of the
Ordinance Of 1887 and the Missouri Com
promise was eyaded. The former agreed
with the majority in regard to the alleged
uueOLstitutionalty Of the Missouri Com
promise; and the latter held that every
State has An absolute right to determine the
status Of its own inhabitants that, accord
ing TO the laws Of Missouri as declared by
its supreme Court, slave in that State,
having been carried to free State and hav-
ing then been returned to Missouri, 10 still
q slave; and, therefore, bred Scott, having
been carried back to Missouri, after a tenn
porary sojourn in Illinois, was not discharg-
Ell from his seryile condition.
The following day, very able opinions
Were submitted by Judges Mclean and
Curtis, dissenting from the opinions Of n
majority Of the Court, and sustaining views,
which, until lately, have prevailed through
out the country, and influenced the legisla-
ton Of Congress.
THE CASE.
The following brief statement, quoted
from the admirable argument Of Montgom-
cry Blair counsel for the plaintiff, will put
our readers in possession Of the facts of the
case
" This is suit brought to try the right
To freedom of the plaintiff q and his wife Har-
riCt, and his children Eliza and Lizzie. liz
was originally brought against the admin
iStratrix Of DIR. Emerson, in the Circuit
Court of st. Louis county, Missouri, where
the plaintiff recovered Judgment but on
appeal to the Supreme Court Of the State,
majority Of that court at the March term
of 1852, reversed the judgment when the
cause was remanded, il was dismissed, and
this suit, which is an action of trespass for
false Imprisonment. was brought in the Cir
cunt Court Of the United States for the dis
trict Of Missouri, by the plaintiff, as cit.
izen of that State, against the defendant,
n citizen of the State Of New York, who
had purchased him and his family since the
commencement Of the suit in the State court
- The defendant denied, by plea in abate.
ment, the jurisdiction Of the Circuit Court
of the United States, on the ground tina,
the plaintiff : is negro Of African descent
his ancestors were Of pure African blood
and were brough. into this country and
sold ms slaves, and therefore the plaintiff i,
not citizen Of the State of Missouri To
this plea the plaintiff demurred, and the
court sustained the demurrer.
Thereupon, the defendant pleaded over,
and justified the trespass on the ground
that the plaintiff and his family were his
negro slaves; and statement Of facts,
agreed to by both parties, was read in evil
dence, Us follows In the year 1884, the
plaintiff was negro slave belonging to DR..
Emerson, who was surgeon in the army
of the United States. In that year (lS34)
said DR.. Emerson took the plaintiff from
the State Of Missouri to the military post at
Rock Island. in the State Of Illinois, and
held him there as o slave until the month
of April. 1896. At the time last mention
ell, said DR.. Emerson removed the plaintiff
from said military post ut Rock Island to
the military post at Fort Smelling. situated
ON the west Bank Of the Mississippi river. in
the territory known rs Upper Louisiana,
acquired by the United States Of France,
and situated north Of the latitude So 80
north, and north Of the State Of Missouri
Said DIR. Emerson held the plaintiff in slave
~ ut said Fort Smelling, until the year 1888.
Z" In the year 1885, Harriet (who is nam
al in the second count OF the plaintiffs dec
lara,ion) was the slave Of major Taliaferro,
who belonged TO the army Of the United
States. In that year, (ls35,) said Major
Taliaferro took said Harriet to said Fort
Smelling, military post situated rs herein
before stated and kept her there rs slave
until the year 1886 and then sold and deliy-
cred her as slave ut Fort Smelling unto
said DIR. Emerson, hereinbefore named and
sIid Fort Smelling until the year 1888.
In the year 1886. the plaintiff and 80 y
Harriet, ut said Fort Smelling. with the Q an
sent Of said DIR. Emerson, who then cls' ,me,
20 be their master and Owpsr, Intern ,rriod
and took each other for husband ard wife.
Eliza and Lizzie, named in the bird count
OF the plaintiffs declaration, are the frui,
e ,kat M. z. al.
years cid, and was born on boo nj tho steam.
hCat Glpsey, north Of the north line of the
State Of Missouri, and upon the Mississippi
Siyer; Lizzie is about seven years old, and
was born in the State Of Missouri, at the
military post called Jeaers, N Barracks.
go In the year 1893, said DR.. Emerson
removed the plaintiff and said Harriet, and
their said daughter Eliza, from said Fort
Smelling to the State Of Missouri, where
they have ever since resided.
go Before the commencement OF this suit,
said DR.. Emerson sold and conveyed the
plaintiff, said Harriet, Eliza and Lizzie, to
the defendant, ~ slaves, and the defendant
claimed to hold each Of them rs slaves.
"sAt the times mentioned in the plaint-
IFS declaration, the defendant, claiming to
be owner as aforesaid. lain his hands upon
said plaintiff, Harriet, Eliza, and Lizzie,
and imprisoned them doing in this respect,
however no more than what he might law
fully do if they were Of right his slaves at
such times.
"On these facts, the court instructed the
jury TO find for the defendants. The plain
Intercepted to the instructions. The jury
found verdict for defendant, and judy
ment was rendered accordingly, on the
10th of May, 1854. I'm the 10th writ Of
error issued, and the case was brought up
TO the December term OF 1854 Of this
court"
THE DECISION.
Fridty, March 9th, 1857, Chief Justice
fancy delivered the opinion Of the Court,
reversing the Judgment of the Circuit
Curt of the United States for the District
Of Missouri, for the want Of jurisdiction in
that Court, and rcmanding tho cause, with