Arkansas true Democrat., 1857-06-16
I I I

The facts upon which the plaintiff relies rot give him his freedom, and make him Jon of Missouri.
 The cluse in the constitution authorizing ,rsss to make all needful rules and requla. I, for the government of the territory and w ,,. nroperty of the United States. applies only .,ritory within the chartered limits of some of the states when they were colonies of .at Britain, and which were surrendered by
 Brti.h government to the old confederation
 +be states, in the treaty of peace. It does ! ,pply to territory acquired by the present
 ,-,i government, by treaty or conquest from -ign naton
 s case of the American and Ocean Insur- sCompauies agt. Canter q Peters, 5ll) re- .,l to and examined, showing that the de- ,n in this case Is not in conflict with that .1oa, and that the court did not. in the case s..re1 to- decIde upon the construction of the
 a.. of tbe constitution above mentioned he.
 inc ease before them did not make ii nec. .', .,rr 10 decide the question.
 . The United States, under the nrasart .r.rtarion, cannot acquire territory to be held
 s,opy, to be governed at it's will and ,lea .s But it may acquire territory which at
 lime, has not population hat fits it to be.
 ns state, and may govern it as a territory
 r has d population which, in the judgment
 e5agre,S, entities it to be admitted as a st,to
 rhe Union
 | During the time It remains a territory ,rsress may legsate eyer 1t within the scone
 is constitutional powers in relation to the ..zers of the United Stales-and may estah- l territorial government-and the form .fthis local government must be regulated by ls discretion Of Congress, bat with powers not .lceediug those which Congress itself, by the .asrtuuon, is authorized to exercise over citi- ,e,s of the United States, in respect to their ' .lts of personS or rights of property.
 ".
 | The territory thus acquired, is acquired by :. s people of the United States for their conn lou and equal benefit, through their agent and ul,,ee, the federal government Congress can ,latlae no power over the rights of persons or ,upcriy CI a citizen Tn the territory which is .0h,btcd ny the constitution. The govern nat aud the citizen, whenever the territory open to settlement. both enter it with their rspectIve rights, defined and limited by the .usutution.
 : Congress have no right to prohibit the zeus nt any particular state or states from -aAS up thelr home there, while it permits ztis ot other states to do so. Nor has it a -nt t0 glve privileges to one class of citizens nch It refuses to another. The territory is .luirei for then equal and common benefit t fl open to any, 1t must be open to all upon llai aud tine same terms.
 g. Every citizen has d right to take with him 10 the territory any article of property which e constitution 0! the United States recognizes property
 | The constitution of the United States re- nlzes saves IS property, and pledges the !erdi government to protect 1t. And Congress .u"t eE@cise any more authority over pro- ty ot that description than it may coastltu- aIy exercise over property ol any other }. The act of Congress, therefore. prohibit -aGizeh o' the UnitcI States from taking tn hIm hIs slaves when he remove, to tile Hiory m question to reside, is an exercise of .a''ttN over private property when is lot 4fuileH by the cpH~tltuunu-and the reinov- J the ilaIHtiti uy hja owner tO the territory lre Aim no ttle to freedom
 Y.
 he Plantlf himself acquired no title to e!om by being CaAe.i, by ai, owner. to Rock .A.d, m iumo's, ati drought back to Mj, w. h.a eoaJ has heretofore deci lcd tn,t e "ttS or condition of a person ot African 'rut dep ndad on the laws oi the stale in .h he rc>iitd
 7 lt las been settled by the decisions of the -ts' court .u M.saouri, that. br tue laws of Al ,tatc, d slave does hot become eiaitled to s'reiam when tine owner takes hln to reside ? sia.e Mhere slavery s uot permitted, and erAafla brings hln back to NJ M.osouri.
 COECLr ION.
 A'o.ow~ that 1t is apparent upon the record .f. tae court below erred in il, judgment on H@io abaFeme.t, and also rrr.d in giving -neut for tine defendant, when the excep- .s1"wa that inc piainiitf WAS met citizen of t aited States. Aud as tue circuit court i I" jurisdiction either in t.e case stated in g lea in abatement or in the one stated in exception, lts judgment in favor of the de- dant ls elr"heouS and must he reversed.