New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-12

rally feel scne curos ss TO the exact position 0c-
cupied by Mr. Ju,tice Nelson in the led Scott
case. That pc sitiOn 10 somewhat peculiar, and to
understand il, We must give brief history Of the
calm Of Drd Scott TO freedom, and how the ques-
titn happened to come before the Supreme Court Of
the United States.
The question of the effect upon ths civil statqs
Cf negro once a slave carried by his master INTO
the State Of Illinois, snd kept there for sufi ,ent
time to b. come free under the laws Of that Safe,
c.me before the Supreme Court Of Missouri as early
as 1924. In that year it was decided in the Of
Wibny VS.. Whiesdes q Missouri Reports, 473),
that a negro slave carried from NOr'h Carolina to
linoir, and there res ding in the family OF her late
owner, became free by the laws Of Illinois, and that
the subsequent removal of the family, The a'e slave
included, TO the State Of Missouri, did not revive
the right If oNDenhip or destroy the liberty ac-
quIed under he law Of Illinois,
In 1898, in the case Of Lagrange vs.. ChOteau q
Missouri Reports, 2s), il was held that under the
ord nance of l7S7 any sort of residence in Illinois,
permitted by the owner Of slave was suif ,ient n
work an emancipation. In Julia vs. Mex nney g
Missouri Report 37O), the Supreme Court Of Ms
souri held that the temporary letting out to ,ergce
in LIMOS, for one or two days, of a slave by her
owner, was sufficient under the Consultation of
Illinois to eDtite her to freedom. Ia 1885, in
Rachel W. Walker q Missouri Reports, $500,
case came before the Supreme Court Of Missouri
still more exactly to the point. Rachel the plaintiff,
who claimed her freedom, had been bought in NJ 8.
souri, by an officer of the United States Army; had
been carried 70 Fort Smelling, on the west side Of
the Missouri River and north Of the State Of MIS-
souri,; had betn Kept there syear; had then been
removed to Prairie du Chen the east eide of the
Mississippi River, then included in the Michigan
Territory, and after having been kept there three
years, had been brought to the State of N ssour
aud sold. The Court held that she was doubly
free-nade so under the operation of the Missouri
Compromise Ac. by virtue of her residence at Fort
Smelling, ard urdsr the Ordinance of 1857 aud it's
subsequent resDactment by Congress by her resi-
depce at Prairie du Chien-and that her being
brought or coming into Missouri did not again re-
6Uce her to slavery.
Such was the law, and such vas the exposition
Of the law in series Of decisions made BY the Su-
preme Court of Missouri, under which bred SOFT
ca med his freedom and that Of bis wife and oh /
dren. In 1884 bred Scott, being q slave in Ms
sour, was taken by his owoer, an officer in the
United State. Army, to Rock Island, in Illinois,
whence, in 1856, he was removed to Fort Smelling.
He there found Harriet, whom he presently mar
rid, snd Who having been Save in Missouri, had
been brough. the year before 70 Fort Snelhng BY
htr master also an officer 10 the army. 10 1886
TIE SUpr,n Court If Ms,ou pronounced h. above
cited decision in he case OF Rachel vs.. Walker,
accord pg 10 The d, ctrine laid down in which case
both Drtd and Harrie. .. the time Of their mar.
riase were fee persons. Tee issue of til marrsg.
we're FL "a, born q. Fort Snellipg, and L zzy born
in Missouri, 10 which Sta'e the whoe family had
BET tn 1t moved in ISIS, and where they were held and
c'aintd Is saves. "a tttir title to freedom wm
perfectly clear under the above ted decisions o
the Sopreue Court of Missouri a sui, 81 est ,bish
ib.ir freeoom was commenced in The ate Courts.
which frally, in lc52, came btf,re the Supreme
Cour'. But lie decision then rendered By tha.
Court gave painful evidence of that relapse toward
bolbaiism srd be P-,petuasi of Slavery, which,
Wit the past twenty years, has become so alarm.
ing! Spp,r,bt, not mercy III The legislation bat ia
te juoIc al dec ST Of all the sias, ho Dg S a,es
IL USED TO be tie bCas!ot Sou tern CoOr aad Law
Yes hat al ibe'r le.nirgs were toss,d eed,n,
spo that oil clsims of IN eccm jaocialy m.is were
suIe to re fsvIsbly ENTERTAINED. Sch und ,ubieiy
u''d 10 be- the Gaze. Btsiie the c,sts ADORE eitd
ff' he Mi'.'ur Rrports, the Reports OF Virgins,
As' !iShd, k-Diueky, and even Of l. usian,, AFT nd
'"rR tvdeuoe # this !earirg toward freedom
bu'' 'ouD' Den with 'he S a'e of Mi,.issp,i, aua
Voc nan Gus decisions ds,ed there, the iies ,h,i
lie f".c OF the South should be tbs. Of ths per.