New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-09

that sDe'her description OF persocs were embr.csd in
TIE other provisions Of the Constitution These two
os1es were ro' ntepctd 70 & nfer upon them their
pts,iy the Blessings OF liberty SO carefully coaferrei
rrou IRE whites None CT this class ever ergrs;ei to
tie United Stats vciuntsrily. They were NJ articles
cfrelchArcse. The lumber en- sncipatd VS. fe y a.
To- efficiently numerous to stsrsc. pubs, attention
stpaaie c!sss, sud we're regarded as psr. OF .Ee
| s!sye population 'aibsr tttr fee.
Il csnnot be Supposed hsi h Ststes conferred ca
zes hip upcn their fer ell those States 8, tsa; time
established police regulations fer the security Of then
selyes end fsxhes, a. well es Of property. In :one
uiror csses there we're different modes e t,a s7d il
ccu'd rot be tuprcsec ttat those States would have
TONED coDeented 10 Government which abolished
this right and took from them the safeguards essential
| 10 Their protection. They hsve ret the right 10
bssr sims ard spp@ar al public meetings discuss
political questions or urs nelsures OF reform which
they II stt oeem advisable They cannot vote at eec.
tons ,erve az jurors, Tor sppear as witnesses
whore white- concerned These rights are secured
il every Sste TO white Ii iDpossb!s TO believe
tha; The Of the saveholcrg Ststes, who took so
arce shaTe n the formation Ut the Constitution, could
be 20 regardless Of therselver sid the safety Of thcse
who tn .ed ard eonfied in them.
Every Jaw Of naturalization copfres citizenship 70
,rITr pcrsops This is marked separation from the
blsoks Under the CoIfede'a'ior every state had
ripht 10 decide for itsef ard the term free inA DIT
ant" tie generality Of form, certainly EXCLUDED the
African race Lsws framed for the litter espe
cjally Under the Constitution the word citizen /.
.nb.itu.ed for free inhsbtsnt After further
elaboration this point, the Chief Justice ssid from
the best consideration, we have come 10 the CONCLUSION
that the African race who came to TIL. country,
vh Their f. ee or slave not INTENDED 10 be incIred
in tie Constitution for the enjoyment Of any pecra
ehts or b. nets and the two provisions which point
to them treat them as property ana make inc duty
tie Government TO protect them as sucn Hence, the
Cont OF opinion from tue facs stated II The plea 10
shstet pt that bred Scott il no, citizen OF Missouri,
and l. not therefore, entitled 20 sue in he United
state. Courts. The following fscs appear on the
record:
In the year Is4 the plaintiff save beIOaainst +?
D. who .Ts-SG y ice sT p1 t 5ee gs
IN the Illinois and held him there a. slave until toe
Of April 1876. At the time lsst mentioned SAL VI Eer
o1 sTeyss The P'ia o ,, n .a MN sS on ,b s
ofthe M.s.p p River the territory known Upper Lou
-n. scqured the United STATES from france snd tusted
Missouri Said Dr. Emerson held the plaintiff il slavery said
foIt Smelling until The ye,5 iSS ,o ..or .,r,
Of the plaintiff deelarsou vas the ..-e Of MAJOR I.i,ero
GSSs said MsIor Tssierro took sid Harriet said Fort
smiling military post .itusted as herenbetoIe stated aud
deveree her slave a, Fort Smelling unto said Dr. Emerson
heruteto uaued AMI said Dr. Emerson bed sad Harriet IA
lin Tie year 1876 tie plaintiff and said Harriet a, sad Fort
sreiirs Si,a the Of said Dr. Emerson WHO then
cl,imrd TO he their aud utermsed aud TOOK
each ohr Tor husband and wife Eliza aud Lfe named in
tho count Of the psntfs declaration, the fruit Of
that nariisge Ea e about Il year. 3D. spd was BON on
bed he emSOs Gp;y SS.h ct 1 R nSsG line s s Bout
seven yeas DID, born in the State Of Missouri at tho
lrrff q
In ~. wear 1885, sad Dr. Emerson removed the plaintiff
spd said Harriet aud their said daughter Ella r. said Fort
srelns 10 the state oi m''ouf "ne'e ' H'e ever 'A'e
FOR. the commencement OF this i, said Dr. Emerson
sofa .ud conveyed the plaintiff ssid Harriet E@ and Lizzie
10 The nds slaves sad the defendant claimed to hold
Al the tines mentioned in the pn,if declaration, he
defendant, claiming 10 b. soes,d aid hs haG, upon
80 In ,hs e,psc, nov ever 70 than what be might law
iuy do they of right his slave. at such tines
The CbefJustice proceeded to examine the state
| Il. a. - tIo DavfrA
sented two questions.
Fir.Gv; Was he Scott snd all his family free in
Secondlv: II not, were they free by Of their
| renee 81 &c Rock Island, lllirois
The sc. of Congress on which the plaintiff relies
contains II clause thst Slavery and involuntary SER
yitlde except for crime hel be forever prohibited In
that part Of the Territory acquired BY treaty from
Louitlsns, aid not included Within the n.its Of the
| STATE OF Louisiana The difficulty which meets US at
the ,resLod is whether Congress Is act lorzed topsss
s,iu'ionl Tie plaio,f dwell. much on the clause
| which gives Congees power to make al needfI
"tues and reculsors respecting tho Territory other
properly Of the United States" Bat this provisi;n
has 90 bearing the pres Mt c1ntroyersy The power
there Given is copfDsd 10 the Territory which then be-
lsneed to the United States aud have influence
on I, ri,ory which was acquired fr0 ioresn Govern
menis he Juatice then referred to the cessions Of
| ard By Virginia end other States, saying the
| ctIy object was to pat 5n ind 70 existing oontro
ye,,ies and TO enable Congress to dispose of the
| lsuds for the common benefit. Undoubtedly the
power Of 20, creigny and euihent domain was cedtd
In tie Get. This was prcpr TO 1t tseatls There
was then 10 Government In existence Win enumerated
| movers. WHAT were called the States thirteen
LdepCudel Colo MES which enteTet into conleoera lon
! Er IiutusI protection II vss little more than Con
gees of Enibassadors, N which all lad c:nmon con-
Germ was this Congress which accepted the cesson
| n, m Virginia They had no tight TO 60 under the
Articles OF the Confederation, but they had right, a.
Independent poveis to accept the land for the con-
non benefit aud it is clear having 10 superior TO con-
troll them they had ight 10 exercise absolde domin
| ion ,ubi,ct only 10 the restrictions which Virginia
| inrosad' TIE ordinance OF 1877 WAS adopted, BY
rLtcb the Territory should be governed, sad among
o'her pov'tions enc thst Slavery or involuntary
sryitude should be prohibited, except Tor G. une
This WAS the state OF things when the Constitution
vss TONED. The territory ceded By Virginia belonged
70 the sevtre confederate steps az common properly
TIE States were about to diss2lya IN Coaede.sDn,
ard surrender portion Of their power for the lorna
| ton Of new government, aud the language used
u.it.d and specified the objects 70 be accomplished.
l. YVES obyors that some provision wss nov necessary
10 give TIE new government inc Po*tr 70 carr!
into effect ever object for which the territory Tss
ceded II wss nee essary that the lands should De sod
10 pay lie war debt and that power should % gwen
% pro'ec. TIE citizens who might eml2 ae WIN thel
iehs Of property arms. Hr ra n 1O'e nioOestv of
the States exi.rg in their independent character
,Ld Trey lad a right to take their property 70
| re f.nitory. wi.hor. the authority CT toe
States Thecbi,c was TO lace these things undeftoe
on,,s;.c.bin Of = rev GovfrnweDt, which gives Con-
sie. ne power 80 make all needful rules 'ni Ie5a
| lsti,ns respecting the territory Or 9ther p.opeE
he'd 10 ccmmor At the tine and not with reference to
sty property which the sovereignty might subsequent.
y scque Il applied to the es,y tGen q S, st.t
.nce and known es the territory OF We 7 ieu T.
rh,n in Tie minds of the trainers Of the Constitution IL
refers 10 the sse or rstpg OF money This s different
f,m TIE power to Iegi-I.ie tie terri, r:e' Wiz
ne words "to make ell need'ul rules and Iesulanoes
.legIeciipy TIE territory" ere couped the Tori4
g. ana mr. ,,vo1.rtv OF the United S'se' Aud tue
,orcId, a.ods ,en6tr this construction irresistible: