The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1857-03-12
THE DAILY DISPATCH.
Thursday Morning, March IL, 1857.
THE DRIED SCOTT CASE.


cation of an elector Females and minors may
sue in the federal courts. and SO may an individual
who has his domcil In the State In which he may
sue. The most general definition Of citizen is
freeman. The plea does not show Dred Scott to
be slave. 1t does not follow . man is not free
whose ancestors were slaves. II was said colored
citizens are not agreeable members of society;
but this was more a matter OF taste than Of law
Several of the States have admitted such persons
to the right of suffrage, and recognised them n
citizeus and this has been done in slave as well
as 10 free States. On the subject of citizenship
we have not been very fastidous Under She late
treaty W i.h Mexico we have made citizens of all
grades combinations and coiors. The same was
done in the cases of Louisiana and Florida No
ever doubted, nor court held, that the inhab-
itants did not become citizens under tie treaties.
They have become cisz ems without being natural
lied.
Throughout the con,inen. of Europe. without
exception, il has been held that slavery exist
only III territory where it LsS been esta oished,
and beyond that the master cannot sustain him.
self, save by some express stipulation. There is
no nation In Europe which cons iers itself bound
~ return the master his fugitive slave, under
the civil law Of the law Of nations The slave is
held to be free where ther8 is no treaty, obligation
or contract 10 return him TO his master In the
case of Prigg against the State of Pennsylvania,
the state OF slavery is deemed to be q mere mu-
nlcips regulation, founded and limited to the
range of the State which snacts it. This wsa the
decision in the csse OF Somerset, In England,
which was decided before the American Rsvolu-
ton. Congress has no power to interfere with
slavery IN The States, or to regulate what ID com
monty called the slave trade among the several
States. We know that James Madison-tbat great
and coed msn-was particular to regard slaves
escaping from service or labor persons Snd
not as property while he Judge McLean) agreed
that this government WAS not made for the color
ed race. yet many OF them in the New England
States exercised the right of suffrage when the
constitution was adopted; and 1t was not doubted
thati:s tendency would be 10 ameliorate the con-
dition of thSt race Many of the States took mea-
sures TO aboish slavery; and it is well Known
fact that the belief WAS cherished by leading
men, both of the South and the North, that the
nsti-ution of slavery would gradually decline,
until il should become extinct
All slavery has its origin agains. natural right
II in making the necessary rulss and regula
tons respecting the public Lands territorial or
temporary government is requisite, Congress has
the power to establish it The power to acquire
carries with 1t the power to govern. Congress-
can exercise 20 power prohibited by the constitu-
tion Tor has it power to regulate the internal con
Germs of State If Congress deem slaves or free
pers oDs of color injurious to Territory it has the
power TO prohibit them from becoming settlers
therein. Who're territorial government has been
established on slave territory, At has uniformly
remained in that coldtiopi 30 when the territory
free; and this attended with satisfactory
results. The sovereignty OF the federal govern
ment extends to all territory Of the Uited States
If we have the right to'acquire territory we have
the right to govern it; and this has always been
exercised The constitution was framed for the
whole country and the prohibition Of slavery north
of SO 30 was constitutional. Where there is no
local law establishing slavery the master cannot
control the will Of the slave by force, and the pre-
sumption ia 10 favor of freedom. The master, in
going into territory does not carry with him the
law of the State from. which he removes. Slave-
ry, he rePeated-or property in human beings
does not arise from the international or common
law, but from mere muuicipal regulation. There
was no Just ground for the argument ;tst this
exclu-iyely & Missouri question. Dred Scott and
bis family we're free under decisions given within
the last twenty-eght years slave who
quires his freedom by his removal to another
State cannot be reduced to slavery by his return
ing to the State from which he emigreted. So far
from this being merely q Missouri case, it Is
which comes usder the twenty-ifty section Of the
judiciary act apd therefore may be brought for
the revision of this court from the Supreme Court
of the State Of Missouri
Associate Justice Curtis gave his reasons for
dissenting from the majority OF the court The
question is, whether q person of African descent
can be citizen of the United States. The consti-
tuition the language "citiZens OF the United
States at the time of the adoption" of that instru
ment, referring to those who were citizens under
the confederation. 1t may, therefore, be safely
SAIL the ctiZ sns of the several States under the
confederation were citizens of the United States
under the constitution. 1t is fact that all the free
chusetts New York, and North Carolina. descend
ed from the African race were not only citizens,
but possessed the franchise Of electors equal
terms with The ether, or waite citizens. Those
co,ored persons were Lot only included with the
body of white persons in the adoption of the con-
stiution, but had the power to and did act in its
adoption. Under the constitution every free per-
son born on the soil Of a State and made citizen
by fJrce Of It's constitution and laws, Is citizen
of the United States. Having stated the ground
of nd pYHlsfnpd the DrOVisiOus the
constitution, he said that every citizen al the time
OF the adoption of that instrument was 80 recoS-
nized and 10 power WAS conferred to discriminate
between color or deprive any one of his fr.nchize
1t is in point of fact that the constitution
was made exclusively by and for white people.
The preamDle openly declares that the constitution
formed in order secure to this people OF the
United states and their poslerity the blesSlnss OF
liberty and for the eoored citizens in five OF Tho
States tIey were amolg th1s for whom the ccnsti-
| tuition was ordained and established. Color In ths
opinion of the fraers of the constitution, was not
necessary to constitute citizenship under the consti
tuition OF the United States; 1t might DO ADDED
that the power to make coored persons citizens has
been acted upon In repested inshnces-ln the tTea,
ties with the Choc.ews the Cherokees ana that OF
Guadalupe Hi5aito, in i34S. And he arrived at the
following conclusions L. That the free native born
citizens of each State at the alton of tie consti
tuition became citizsns of the United sta'es. That
free eolored born within some Cf the states
snd citizens OF those States also citizens of the
Untei states. That every such citizen residing
any State has the night to ana to be sued In the
federal court of he State which il, resides. 4 As
the plea to jurisdiction in ths shows fact
ept an lean descent, aud this fsct is not 10
consistent with ctiz-nshp of the United States, the
decision of the Circuit Court for Missouri ncor-
lect He therefore d.sented from the plnion OF the
uGority of ths court, that persoa OF the African
race caunot be Citizen OF the Unitsd States de
did not believe the opinions OF ths Court questions
not gtimsey before il To be binding he believed,
however that The Court has jurisdiction in this case
and m d that, under the law Of Missouri Dred
scott and mis- family free psrsens on their re-
turn to that state.
There was notbir In history or In the lenguags Of
the constitution which Tsstrains the power TO make
M nc rules and re gulstions iog the torri-
tory of the United to such ter tory ony a. was
o ed BY the United States at the time OF In. ATOP
ton of the ccnsi uton. . was not aware that such
sugse ion had ever before been made -Four inst
squsitons have been made and SIX states
f1eh ed upon the been admitted into the Union
such = contracted construction as that TO when ne
referred was ioconsstsnt with the nature ana pu1'
poses OF the constitution expressed In i1
de would constTue that ciaute OF the conshtuton
thus Congress- shall power TO make ali nseoiui
rales and guaiions peetDg those tracts OF coun
try without the lmlts of tbs United States and when
t1e United state have may acquire by csssion, s
well OF jurisdiction Of s1i far as tie soil 10 the
property Of The parties making the ee,ston congress
power to esisste with regard to the Territories
they shall apply for admission the Union AZ
states The laws be ''needful" sud are left to
legislative discretion There two clssses Of acts;
and in Ell aht distinct instances beginning with the
n sd Ankyn Tavtgr