Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-28

THE OPINIONS OF JUDGES CURTIS AND
MCLEAN OF THE U. S. SUPREME COURT
"We reproduce" says the Springfield Re-
publican, sin condensed form, those parts of The
decision of Judges Curtis and Mclean, in the
Dred Scott case, which vindcate the power Of
Congress over slavery in the territories, the
practice Of our fathers, and the universal CON-
mon law as TO slavery, from the assaults made
upon them by the southern majority of The u.
S. supreme court, speaking through chief JUS
lice Taney."
Judge Curtis f:st examines irfto the source
Of the power Of Congress over territory Of The
United States, as necessary TO determine its ex-
tent. For this purpose he adver,s TO facts
which existed at the time The constitution was
framed. Under the confederation, the unset
tied territory within the United States had been
a subject of deep interest. Some Of the states
insisted that the lands were within their char
tered boundaries, and that they had succeeded
to the title of the crown to the soil. 1t was
opposed to this that the vacant lands belonging
TO the crown had been acquired by the United
States. The disputa was complicated by ques-
tions of unsellicd boundary between some Of
the states. Under these circumstances, Con-
gress urged upon the several states the cession
Of their claims to the United States. New
York, Virginia, Massachusetts,, Connecticut and
South Carolina, did this before the constitution
was framed. These states ceded in terms to
the United States, as well the jurisdiction as
the soil. Georgia and North Carolina followed,
after the constitution was formed, in accordance
with settled purpose known to the convention,
existing at the time the constitution was form
ed Thus, when it was formed, the unsettled
territory was viewed everywhere as applicable
to the common benefit, pecuniarily, and for the
formation of new states 10 be added to the Un'
ion. The ordinance Of 1887 had made provis-
ion for the temporary government of so much
of the territory actually ceded as lay northwest
of the river Ohio.
"But it must have been apparent both to the
trainers of the constitution and the people Of
the several states who were to act upon it, ,ha,
) the government thus provided for could not con
tnue unless the constitution should confer OF
the United States the necessary power to con
! tinue II. That temporary government undel
the ordinance, was TO consist of certain officers
10 be appointed by and responsible to the Con
gress of the confederation their powers hat
been conferred and defined by the ordinance
So Ear as it provided for the temporary govern
ment of the territory, it was an ordinary act o
Legislation, deriving its force from the legisla
tive power of Congress, and depending for it
vitality upon the continuance of that Legislative
power. But the officers to be appointed for th'
northwestern territory, after the adoption o.
the constitution, must necessarily be officers o
the United States, and not Of the congress o
the confederation appointed and commissioned
by the president, and exercising powers derve'
!, from the United States under the constitution
. ''Such was the relation between the Unite'
, States and the northwestern territory, whicl
all rejecting men must have foreseen would ex
ist when the government created by the consti
tuition should supercede that of the confedera
tion. That, if The new government should b.
without power 10 govern this territory, it coul,
not appoint and commission officers and sen,
4 them into the territory to exercise their legis
i lati,e, judicial and executive power; and tha
a this territory, which was even then foreseen t
: be so important, both politically and financial
ly, to all the existing states, must be left no
: only without the control Of the general govern
ment, in respect 10 its future political relation
TO the rest of the states, but absolutely withou
any government, save what its inhabitants, aci