Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-03-13

Decision OF the supreme Court in
= the bred scett Case a
Our readers have been apprissd Of The
points in this case, They are, - short
these: bred Scott, muIatto. claims his
freedom; FIST, because he was taken TO II
linois, Free State, BY bic master aud
secondly, because he was taken west Of
Missouri, where the Missouri Compromise
was in force. and there his children were
born, whose freedom he also claims.
The Supreme Court Of the United
States rendered its decision on the 9Th inst.
They have decided the following all-im-
portant points:
!. That negroes, whether slaves or free,
Chat is, men Of the African race, } are not
citizens Of the United States by the Con-
stitution. = 81
2. That the Ordinance Of 1877 had no
Independents constitution. force. or legal
effect subsequently 10 the adoption Of the
Constitution, and could not operate Of It.
self to confer freedom or citizenship with :
In the Northwestern Territories, upon ne
groes, not citizens by the Constitution.
3. That the provision Of the act Of 1s-
20, commonly called the Missouri Com
promise. is,so far as II undertook 10 seclude
negro slavery from, and communicate free
dom and citizenship TO negroes In the nor
thern part Of Louisiana. was legislative
act exceeding the powers Of Congress,
and. consequently, void and Of no legal
effect TO that end in deciding these main
points. s41s l
The. Supreme Court has decided the fol-
lowing incidental points;
1. That the expression "Teritory and
other property" Of the Union, in the Con-
stitution, applies In terms only 10 such ter
ritory as the Union possessed at the time
Of the adoption Of the Constitution.
2. That the rights Of citizens Of the Uni
ted States, cmignting to any Federal Ter
ritory. depend on the general provisions Of
the Constitutions. which defines in this. Ms
in all othor respects, the power Of Con-
gross. ia w +le tt' ea
3. As Congress does not possess power
IN itself to make cnactmcnts relative 10
persons or property Of citizens Of the Uni
ted States in the Federal Territory. other
than such as the Constitution confcrs, so It
cannot constitutionally delegate any such
powers to Territorial Government, organ
lied by II under the Constitution.
4. That tho legal condition Of slave
In tho State Of Missouri is not effected by
a temporary sojourn Of such slave In any
other State, but on his return his condition
still depends upon the laws Of Missouri.
Az the plaintiff was not citizen Of Mis-
souri,, and therefore could not sue IL the
Courts Of the United States, the suit must
be dismissed for want Of jurisdiction.
On the next day. Justice Mclean deliv-
cred his opinion-arguing that slavery Is
limited 10 the range Of the State wherein
established by mere municipal law. II
Congress deem slaves or free colored per-
sons injurious to the Territory, they have
the power to prohibit them from becoming
settlers therein. The power 10 acquire
territory brings with it the power to gov
ern II. The master does not carry with
him to the territory tho law OF the State
from which he removes; hence the Mis-
souri, COMPROMISE Is constitutional. and the
presumption is in favor of the freedom o.
bred Scott and lis family, who were fire..
under the decisions for the last twenty.
eight years, rs. s
Justice Curtis dissented from tho opinion
Of the majority Of the Court as delivered
by Chief Justice fancy, and gave his
reasons for dissenting. = sa.-
Fortunately, in these days, a cat may
look at "a king, and oven country edito'
may make remarks upon q judicial opin'
ion. s ..,a...s.l = i.
Time was when the people held jude
ial decisions in high esteem, for the bencl
was occupied by jiwists, not demasogues
Without pretending to know as much Law
Is the great men who gave the above opin
ion know, we simply state that II make'
consummate fools Of somebody. Eithe
Washington, and Jefferson. and Adams
and jackson, and. Clay, and Webster
-(and mt an earlier ass--oulyl Q year
ago--Buchanan,) were fools, or the mem
bers Of that Court are. The men Of 9th
or times thought that Congress had tn
power 70 prohibit slavery inthe territories
and theywore the,men who made the con
stitution.
j But we do not care for this decision.--
The people have undertaken the discus
sion Of tho slavery question, and neithe
Mr.. Buchanan's inaugural nor this decisioI
will quiet them, r tfel slst