The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1857-04-02


the defendant. claiming to b.
owner - Aforesaid, laid his hands upon said
plaintiffs. Harriet, Eliza. and Lizzie, and in,-
prisoned them; doisg In this respect. how
ever, no more than what he might lawfully
do Il thcy were Of RICH, his slaves al such
timcA"
The Chief Justice procs,iea to examine
the statement, assuming that this part q.
the controversy presented two questions
Firstly, Was he Scott and all his fam
lily free In Missouri. and
Secondly--lf not. were they free by rea.
son Of their removal 10 Rock Island. ILL.,
nois
The act Of Congress On which the plaintiff
relies contains the CLAUSE, that slavery and
involuntary servitude except for crime, shall
be forever prohibited in tina, part Of the Ter
ritory acquired by treaty from Louisiana,
and not included within the limits Of the
State Of Louisiana. The difficulty which
meets us at the thrshold is, whether Con
grss Is authorised Ia pass such Il law under
the powers granted 10 il by the constitutions
The plaintifdwells much on the clause which
gives Congress power Ito make all pe,slful
rules and regulations respecting the territory
or other property Of the United States -
But this provision has no bearing ou the
present controversy The power there given
is confined to the territory which th,n b.
longed 10 the unitei States. and can have No
influence on territory which Was acquire!
from foreign governments.
The Justice then referred 10 the c-Ssions
81 land BY Virginia and other States,
saying the only object was tn put AN cnd Ia
the existing controversies, and 10 enable CON
gress TO dispose Of the lands ior the common
benefit. Undoubtedly. the power Of so,rr.
eighty and eminent domain was cclci in the
act. This was proper 10 make II essential.
There Hrs then no government in existence
with enumerated powers, What was fhff'si
the States werc thirteen independent colonies
which entered into confederation for mutual
protection II was little morc than Con
grexs Of ambassadors, in which all had IA
common concern. II was this CongrSs
which accepted the ccssion from Virginia.
They had 10 right 10 do 80 under the Arti.
clcs Of the Consideration, but they bad n
right as Independent powers To accept the
land for the common benefit, and II is equal
Y Gear having no superior 10 oohuo' mem
""y na" u ''e"' !" eA,'''N apso'u'' "o,i'','
Virginia imposed The ordinance Of 1851
was adopted by which the territory should
bc governed, and among other provisions was
one ua' slavery :" ih'o''n'ai! s'r'''o'"
shoun pe prohip''nh excerpt 'or 'r'nr.
NV was 'ne STATE VI ,n,hgs "non W" 90"
su'a.ion was ''fme inc prr''",y '',','
ny '"gmla osi"he" 10 W" ~Nera' o"'lnn'
craze oa''s ~ common property! 'e
o'a"S ~ere a'"u' I" uiSso''' 'nc con''s'cr"
.io'' ana SURRENDER Pf'ioh VI 'her l""',
lor .he 'ormaooh 81 new government ana
ti'e language uSsi hin'i's' ana specih'i 'i'e
oorT's !" ne accomplished ~ VI" obvious
'i"t some provision was no" h'c'SSH! !"
give 'ne ne" eoVerh'i'rh. inc power 70 carry
ln'o encc' every "o)e'' '"r "h'ch u@ "tf'-
ory was c,,hi' was msfs'af. um' uhe
lanis shonhi ne SOU 'oPay 'ne war oee'' ana
'na' power sho"in DE gwen 10 provTt 'n'
"h" m'sh' .'"'gfa"' WIN th'lr
''s"" ~ P'"F, aims '"',' "'''''
"a wen ~ SHIPS OF war. were the common
property o' 'm S'ates existing "a ,beir ina"'
pendent character ana 'hry hhd reht 10
TAKE ,heir properly " inc territory without
the authority Of the States The object was
to place theSe things under The guardianship
OF new government ~hlch gives '9ngr's,
the over :" 10 make All n"dinl fnks anu
regulations respecting u,e territory or DINER
property oil the I nli"i states u applied
only 70 property held ~ common ~ the 'lnr'
mn NOV VIZ .e''e' ~, " Any p'oi.'! VIII
r.. so's's"y n.tnt 't'.'' ~ lu'is,
nPrn ~ w "',,'o'' "'y :" ~, $500 49,,
.nS
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W P'y''''SS ~! y's' -, " ~" '"'''' '''''
" ~ ~ ~ ..;a,,. ,ha, A.. ro,.. ,,.,io,,h
new government. regarded the above claus,
A. necessary 10 carry into eject the printi.
nile. and uyoyisior. III the ordinance Of ITs7
which ihey regarded rs an sc, Of The stats
in the eserri., Of their political ppwrr at thu
time. and the-e re,,rr.eota,iye Sc. AZ the .,,,a
Stats under the rev pn,,ynuct did no,
think propr 10 depart from any e,ssq,, al
principl.. and did not ,,,emp, 10 u,y,o ,,,s.
thing tba, was du,a
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