St. Charles Republican intelligencer. (St. Charles [Charles City], Iowa) 1856-1857, 1857-03-19
The bred Scott Case.
NAsuINGTnN Mar


Chief Justice fancy delivered to-day tn
opinion of the Supreme Court in the Dire,
Scott case. The points decided are that Scot
| is not q ctizen--that he was not manumittc,
| by being taken 10y his master, when slave
into the then Territory of Illinois, and tina
the Missouri Compromise was an act unconsti
tutionally passed by Congress. Justice Nelson
of New York disscntcd. The decision embrace
the following points:
First-That negroes, whether slaves or free
| that is men of the African Race, are not citizen
| of the United States by the Constitution.
Second-Ihe Ordinance of 1877 had no in
dependent Constitutional force or Legal cifcc
subsequently to the adoption Of the Consti
tuition and could not operate of itself to conte
freedom or citizenship within the North
west Territory on negroes, not citizens 10y tn,
Constitution.
Third-Thc provisions of the Act of 1926
commonly called the Missouri Compromise
in SO far as it undertook to exclude negr,
slavery from, and communicate freedom and
citizenship to negroes within the northern par
of Louisiana cession was Legislative Act ex
cceding the power of Congress and void ant
OF no legal effect to that end.
In deciding these main points, the Supreme
Court determined the following incidents
points:
First-Thc expression "Tcrritory and other
property Of the Union.' in the Constitution.
applies in terms only to such Territory as the
Union possessed at the time of the adoption OF
the Constitution.
Second-The rights of citizens of the United
States, emigrating into any Federal Territory
and the power of the Federal Government
-
the Constitution, which defines in this as in all
other respects the powers of Congress.
Third--is Congress does not profess power
itself to make cnactmcnts relative to the per-
sons or property of citizens of the United States
in Federal Territory, other than such as the
Constitution contcrs, so it cannot Constitutions
ally delegate any such powers to a Territorial
Government, organized by it under the Consti-
tuition.
Fourth-Thc legal condition of a slave in
the State of Mississippi is not effected by the
temporary sojourn of such slave in any other
State, but on his return his condition still de-
ponds on the laws of Missouri. AS the plaintiff
was not a citizen of Missouri, he therefore
could not sue in the Courts of the United States
The suit must be dismissed for want of juris-
diction.
The delivery of this opinion occupied about
three hours and was listened to with profound
attention by a crowded court room Among
the auditors were gentlemen of eminent legal
ability, and due proportion Of ladies.
Judge fancy stated the merits of the case.
The question was whether or not the removal
of Scott from Missouri with his master to Hi
nois, with view Of q temporary residence
there worked his emancipation. He maintain
I'd that the question depended wholly on the
aw Of Missouri, and for that reason the Judge
nent of the Court below should be affirmed.
Judge Capron believed the Supreme Court
las jurisdiction to decide the merits of the case.
He urged that Congress could not do directly
what it could not do indirectly. fit could ex,
Jude one species of property, it could another.
With regard to the territories coded, Congresl /,
could govern them only with the States whia |
,eded them, and the Missouri act of 1920 ,)- I
atcd the leading features of the Constitutn,
and was therefore void. He concurred WITH l
bis brother Judges that Scott is slav ana
was so when this suit was brought.