Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1857-03-13

United States-then in the mind of the trainers of
the constitution. 1t refers to the sale raising of
money This is different from the power to legslae
over the territories With the words to make all
needu rules and regulations respecting the terrific
ry," are coupled the words ana other property of
the United States" And the concluding words rem
der this construction irresistible: and nothing in
this constitution shall be construed to pre- udce
any claim of the United States or of any particular
State
1t is obvious that the Congress, under the new
government, regarded the above cause as necessary
to carry into effect the principles and provisions of
the ordinance of 1887, which they regarded an |
act of the States in the exercise CT their political
power at The time and those representatives, OF the
same States under the government did not think
proper to depart from any essential principle, and
did not attempt TO undo anything that done.
AS 10 territory acquired without the limits OF the
United States it remains territory until admitted into
the Union No power is give in the constitution to
acquire territory to be held and governed in that
character; and, consequently, there cannot be found
| in the constitution any definition OF power which
Congress may lawfully exercise before it becomes
State The power TO acquire territory until 1t Is In
condition to become State equal footing
with he other States must necessarily rest sound
discretion and it becomes the duty of the governon ont
TO administer the laws of the United States for the
protection of personal rights and property therein.
Whatever territory is acquired for the common
benefit of the people of the United States, it is but
trustee. AT the time the territory obtained from
France ii contained population 10 be admitted
State and it therefore became necessary to hold pos
session of it until settled and inhabited by civilized
community, capable of self government and for adj
mission in 10 sBut, asIwe before said, it
acquired by the federal government as the repesen
atlve and trustee of the PEOPLE of the United States,
acting through their agents. and government holds it
for the common benefit until it should become asso-
ciated as member of the Union. Until that time
arrived, it undoubtedly necessary that gov
eminent be established TO protect the inhabitants IN
their persons and property. The power TO acquire
carries with 1t the power 10 preserve The form OF
government necessarily rests on the discretion OF Con-
gress. 1t is their duty TO establish the best suited Tor
the United States, and that must depend on the
Der Of its Inhabitants and the character and situa
tOn of the territory. What government is the best
must depend on the condition of the territory at
the time, 10 be continued until it shall become State
But there can never be discretionary power
t over persons and property The constitution pro-
vldes that Congress shall make no law respecting
an establishment of religion, prohibiting the free
exercise thereof or abrdging the freedom of speech,
or of the press the right of the people peaceabay
to assemble, and 10 petition the government for a re-
dress of grievances" &c. Thus the rights of prop
erty are united with the personal rights and this
tends to the territories we'll as the States. Con-
gress cannot authorize the territories to do what it
cannot do itself; it cannot confer the territories
power to violate the provisions of the constitution.
t 1t seems, however, that there is supposed 10 be
difference between slaves and other property. The
people in the formation of the constitution delegated
and forbade the exercise of others. 1t has no powers
over persons and property of citizens except those
enumerated in the constitution. If the constitution
recognizes the right of master and slave, and makes
no difference between slaves and other PROPERTY no
tribunal acting under the authority of the United
States draw such distinction and deny the pro-
visions and guarantees secured against the encroach
ments of the government. AS we have already said,
the right OF property in slave expressly conferred
IN the constitution and Guaranteed to every State
This is language too plain 10 be misunderstood and
no words can be found in the constitution giving
t Congress greater power over slaves than over any
other description. of property.
1t IS, therefore, the opinion of this court that the
act of Congress which prohibits citizens from holding
property of this character north of certain line is
not warranted by the constitution, and is therefore
t void and neither bred Scott any of his
family is made free by their residence in H.
s linois The plaintiff is not citizen of Missouri,
but still slave, and therefore had right to
. sue in a court of the United States
9 The court having examined the case it stands
# under the constitution, proceeded to Oher points,
saying, Scott slave when be brought
back to Missouri from Illinois, he der the law
. of the former and not of the latter. 1t has been
settled by the highest tribunals that individual does
not acquire his freedom under such citcu stances
AS it appears the court that the plaintiff is not
citizen Of Missouri, citizen of the United States
who could in the United States courts, this court
could give no judgment, and hence the suit must be
l.. dismissed for want of jurisdiction.
. Associate Justice Nelson stated the grounds or
which he had arrived at the conclusion that the
is ment of the court below must be confirmed Having
v stalled the case, substantially above, he proceeded
- to examine it its merits. The question was
whether the removal of the plaintiff with his master
TO Illinois, with view to temporary residence anc
after his return to Missouri, such residence il
in free State as worked emancipation. He maintained
that it did not. Such questions belonged TO the States
III to decide for themselves. AS to whether Missouri
will recognize give effect to the laws of Illinois or
the subjecI of slavery, for Missouri herself to de
termine nor is there any constitutional power right
d fully 10 control her. Every State nation possesses
exclusive sovereignty and jurisdiction within her owr
1e territory and her laws affect and bud all property
is within her limits. No state nation affect Of
ed bind persons property outside OF her territory
~ The question is fully established that 1t belongs L
the sovereign State of Missouri determine the ques
u ton OF slavery within her jurisdiction, subec
h. only to such limitations may be found IN the con
stuton. This is the result of the independent and
be sovereign character of the Stale. 1t is equally app
,h cable to the other States belonging to the contedera
10 cy 1t be admitted that Congress possesses
r. power to create abolish slavery in State and
Congress possesses power under the constitution tt
lg} abolish slavery in the territories il must necessarily
o. possess the power establish it, This he denied, ant
ne then proceeded 10 show that the question de
ne pending solely the law of Missouri, concluding
ed with the remark that the judgment of the court be
- low should be affirmed.
tn Associate Justice Catron also stated the history
the case and said that if the Court has no power
decide the question further than to dismiss IT. 1t ha
It. no right to discuss lis merits hut he he'd that tn
IN Court has jurisdiction to decide the merits OF the case
SIS which he proceeded to examine. 1t was now to-
ey late to question the power to govern the Terrltoe
as incpIent States and fit them for admission. HI
" only question was how far the power of Congress
ID limited no Northwest Territory. Virginia ha