Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-14
light lawfully do if they we're of right his slaves

trovetsy presented two questions.
Firstly: Was he (Scou) and all his family
free in Missouri; and
Secondly: If mot, were they free by reason
Of their removal TO Rock Island Illinois.
The act Of Congress IN which the plaintiff
relies contains the clause that Slavery and in.
voluntary servitude, except for crime, shall be
forever prohibited in that part of the Territory
acquired by treaty from Louisiana and not in
cluded within the limits Of the State of Louisi-
ana. The difficulty which meets us at the
threshold is, whether Congress is authorized 10
pass such law under the powers granted to it
by the Constitution The plaintiff dwels
much on the clause which gives Congress pow
er 'to make all needlul rules and regulations
respecting the Territory or other properly of
"the United States !" But this provision has
no bearing on the present controversy. The
power there given is confined to the Territory
which then belonged to the United States, and
can have no influence on Territory which was
acquired from foreign Governments. The JUS
tce then referred to the cessions Of land by
Virginia and other States, saying the only OBJ
ject was to put an end to existing conirover-
sizes, aud To enable Congress 10 dispose of the
lands for the common benefit. Undoubtedly
the power of sovereignty and eminent domain
was ceded in the act. This was proper TO make
it essential. There was then no Government
in existence with enumerated powers. What
were called the States were thirteen indepen-
dent Colonies, which entered into confederation
for mutual protection. 1t was little more than
COngrers Of ambassadors, in " hch all had a
common concern. 1t was this Congress which
accepted the cesson from Virginia. They had
no right to do so under the articles Of the Con-
federation, but they had right as independent
powers to accept the land for the common ben.
eft and it is clear, having no superior 10 con-
troll them, they had righ, to exercise absolute
dominion, subject only to the restrictions which
Virginia imposed. The ordinance of 1887 was
adopted, by which the Territory should be gov
erned, and among other provisions was one tina,
Slavery or involuntary servitude should be pro-
hibiied, except for crime.
This was the state Of things when the Con-
situiion was formed. The territory ceded by
Virginia belonged TO the several confederate
steps rs common property. The States were
about 10 dissolve the Confederation, and surren-
der portion Of their power for the formation
of new government and the language used
limited and specified the objects TO be accom-
pllshed. 1t was obvious that some provision
was now necessary to give the new government
the power 10 carry into effect every object for
which the territory was ceded. 1t was neces-
sary that the lands should he sold 10 pay the
war debt and that power should be given 10
protect the citizens who might emigrae, with
their rights OF property, arms, military stores,
! (as well as ships Of war; were the "common
property Of the States existing in their indie
"pendeni character, and they had right 10
take their property TO the territory, without
1.-The authority of the States" The objec, was
to place these things under the guardianship of
a new Government, which gives Congress the
power ito make all needful rules and repula-
'tions respecting the territory or other property
'of the United States 1t applied only TO
property held in common a, the time, and not
erelgni'y might subsequently, acquire 1t APP
Piled 10 the territory then in existence and
known as the territory of the United States
then In the minds of the trainers of the Cons,i
tuition Ii refers TO the sale or raising of mon
ey. This is different from the power to leois-
make all needful rules and regulations respect.
ling the territory" are coupled the words
and other property of the United States. -
And the concluding words render this construc-
ton irresistible. 'And nothing in this Cons,i-
tuition shall be so construed as 10 prejudice
"any claims of the United States or of anu par-
"hc1ilar STATE
1t is obvious that the Congress, under the
new Government, regarded tie above clause as
necessary 10 carry into effect the principles and
provisions of The Ordinance of 1887. which thew
regarded as an act of the States in The exercise
oil their political power at the time and these
representatives OF the same States under the
new Government did not think proper to depar;
from any essential principle, and did not attempt
TO undo anything that was done.
AS TO territory acquired without the limits
of the United States it remains territory until
admitted into the Union. No power is given
, IN Inc Constitution 10 acquire territory TO Dc
held and governed in that character; and. con.
sequenily, there cannot be found in The Consti-
tuition any definition of power which Compress.
may lawfully exercise before it becomes Stale
, The power 10 acquire territory until it is in Q
SV"ui'i"H W oeColIe Il Sldle on an equal foot q
, with the other States must necessarily res, or
sound discretion, and it becomes tie duty of The
Government to administer the laws of the Uni.
ted States for the protection of personal rights
and property therein.
+ Whatever territory is acquired is for the
7 common benefit of the people of the United
t States, which is but a trustee. At the time
that territory was obtained from France i, con.
tanned no population TO be admitted as State
and it therefore became necessary TO hold nos.
session Of 1t until settled and inhabited nv A civ
ilized community, capable of selfgoyernmen
! ! and for admission into the Union. But. as W,
/ before said, it was acquired by the Federal Gov
eminent as the representative and trustee of IN,
| people of the United States, and must be hello
for their common and equal benefit; for it was
! The acquisition of the people of the United
E States, acting through their agents, and Gov.
} eminent held il for the common benefit until #
should become associated as a member of the
Union Until that time arrived it was undoubt.
edly necessary that some poyernm ami ha as,ah