New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-11

moment, to kick out, knock down, and break
thirgs generally, in true STAKEHOLDER style. Not
content 10 have kicked Dred Scott and family out
Of COurt-be' sboriDg them over the heads all the
While with the Declaration Of Independence and the
Constitution OF tie United States, and mindins no
more the breaking these instruments TO pieces in
the operation than Bully Brooks did the breaking
Of his eutta percha cane over Senator Summers
head-eIciied and aroused BY this exploit, our I've
shareholders fellow it up BY kicking cut of Court
with no less esInestness and goodwill, the Ord-
Dsnce Of l7:7, ell the past legislation Of Congress
on the suhjectof the Territories the Missouri Com
promise, and the Free States generally.
This, certainly is pretty well for one days work
bred Scott, wife and daughters, the Ordinance of
l7e7, the past Legislation Of Congress on the sub
jet of the Territories, the Missouri Com promise
aid the Free States, all kicked 10 heap pe-mell
out of Court the Declaration of Indepe jdence
.hyered in the operation, and the Constitution of
the United States turned int cowhide aud pair
Of haudcuffs for future use in keeping nsolent De-
groes in order
But between the case of bred Scott aud family
and the other victims Of this sayeholdng out
break, a very important distinction is to be taken.
In kicking Scot aid family out OF Court, the Eve
slsveholdipg Judges acted in an otfi,i,l capacity.
However base inhum An and false however derog-
atory to the trainers OF the Constitution upon
VII s. shoulders ,hese FIVE Judicial msgnates attempt
to shift IF their own atrocous sentiments) the
grounds on which this decision is plhced-howeyer
destitute of all reason, or contrary to all reason,
this decision msy be-stil, 50 far as the unfortu-
rate Scott and family are concerned it is decisive
and 6Lal as to them. Scott and his family must
henceftrth cOn.der themselves as forever kicked
cut of all claims to be ever thought Of or spoken
Of, except as property Blu. with resp,c to The
Ordinance of 1884, the past legislation of Congress
the subject of the Territories the Missouri
Con PROMISE and tho Free States generally, tho
Gaze is some what different They were not
before the Court. Scott and family having been
kicked out, there was no case before the Court.
The muck that followed their expnl:on-the pitch
ing of the FIVE Shareholders into the Ordinance OF
l7S7, the past legislation Of Congress, the Ms
souri, Compromise, and the Free States generally
was purely free fight on their part, procedure
in which they carry more weight than if, getting
high after adjournment in celebrating their victory
over bred Scott, they had sailed out on 8 spree,
snd breaking into the Department of S.a'e, had at
tempted to destroy the legislative records Of the
Government Upon this point Of the weight to be
attached to these extra, judicial operations, Judge
Mclean, in bis dissenting opinion, thus expressed
himself:
"In this case majority of the Court have said that
n ais m he nv hls IN n oil
the United States, the a horse or any other
kind of property. II IL true this was said by the Court,
a. also many Other things, rh'eh are Of no authority.
No,h,ng that has 6ten SAID By them, rhieh has not
direct bearing on the isdiction o The Court against
rhioh they decided, can be coastd,red as authority
,haH certainly notreRard Il as such. The question of
jurisdiction, being before the Court, was decided by
them auhoritsiively. but nothing beyond thar qaes
i0n."
Judge Curtis's dissenting opinion has not yet
been published at length; but, from the abstract Of
it, he would seem to have been still more pointed
AID emphatic upon this point.
The subterfuge resorted to by the Ave savehold.
to get rid Of the Ordinance Of 1884, and Of the
prohibition Of Slavery contained in the Missouri
Compromise would be ridiculous were the occasion
less serious. In order to deprive Congress of any
power TO enact those two great prohibitions of
Slavery, the FIVE Shareholders argue with great
pugDscity that the provision of the Constitution
giving Congress power to make all needfu rules
AID regulations respecting the Territories relates
to the Territories merely as property, and confen
upon Congress no power whatever Of jurisd ctOn
/ or government. Not content with thus killing off
the Missouri Compromise, the FIVE shareholders TO-
sist open giving il another stab by mantaiL ing fur
Their that this Limited power of treating terri
tory as property-thst Of providing for its sale
ATTACHED only to that territory belonging to the
United States when the Constitution was framed.
Thus the Ordinance Of l7s7 aud its confirmation
by Congress is killed, and the Missouri Pro.
hbition killed twice over. Bat, unfortunately
for the well-working Of this operation the killing
doesn't End there. Every act ever passed by Con-
gress for the government Of the Territories falls
dead under the same blow, ard the Kansas Nebras-
ka act among the rest According to this interpre-
taton of the Constitution, there is no power in Con-
eress to govern the Territories at all, and q. to
thote acquired since the Constitution was framed
no power even to survey or cell the land. Pressed
by the Sc pspable consequences of their over eager
ntss to get rid Of the Ordinance Of l157 and the
Missouri Prohibition the five shareholders suddenly
discover that the right and even the mere fac: of
the acquisition Of territory carries with it, consstu
tiona provision or 10 constitutional provision, the
right of sty to make all needful rules and reg
Dlaticns for its government. Upon this point, the
five Shareholders thus express themselves:
The power to scque territory until it Is in cond
ton TO become Stale On an equal footing with the
ether States, must necessarily rest on sound discretion