Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-03-14
Bred Scott ease-EmnHltapi necisian.

(
United States Supreme Court Wash
ington, March Gtb.-The opinion Of the
Supreme Court in the bred Scott case was
delivered by Chief Justice TaHey to-day
1t was q full and elaborate statement Of the
views of the court They have decided the
following all important points:
First Negroes, whether slaves or free
TINT is, men of the African race--arc not
citizens Of the United States by the consti-
tuition.
Second. Tie ordinance Of Isl had no
Independent constitutional force or legal CT
feet subsequently to tife adoption Of the
Constitution. and could not operate eff itseIt
/ to confer freedom Of citizenship within the
national territory on negroes not citizens b
the constitution.
Third The provisions Of the act Of 1s20,
commonly called the Missouri compromise
IN SO far rs iisnndert0ok To exclude neefe
slavery and communicate freedom and cit
izenship to negroes in the northern part Of
the Louisiana cession, was legislative act
exceeding the powers OF Congress. aud cojd
and IF no tegat efect tottat end.
/ In deciding these main points the SUI
prcme Court have determined the following
incidental points
First. The expression territory and other
property" Of the Union, in the constitution
applies in terns) only to such territory Il.
the Union possessed at the time Of the adoH-
j ton OF the constitution.
Second. The gi9hts Of citizens ofthe Unit
ed States cnigratiug into any federal terri
Fl4.
ment there, depend on the general provision.
Of the constitution, which defines in this.
as IS III other respects, the power Of Con
gross.
Third. As Congress does bot posses.
power itself to make enaetment< rela-ive
IL persons or property Of citizens of L
United States in federal territory other thai
such rs the constitution coaiers, 50 il ean
not eonsiituti5aally delegate any such power.
TO territorial government organized by il
under the constitution.
Fourth. The legal condition ef slave il
the State Of Missouri is not affected ty til
temporary sQiourn OF such slave III ans othe.
state: but At MS return his condition still de-
pends on the laws Of Missouri. y til
plaintiff was mi a citizen ct Missouri, am
therefore could no. sac IN the courts of ii.
United States, the suit must be dismisse.
tar want ii jurisdiction.
The delivery Of Ills opinion oeeupie
ah04t three hours, and WIS listened - vii
ne5fanl attention ~ those IN the erowde
.aam Among the au..itors We're een.lg
men of eniuznt legal alIiity, and a IL
proportion Of Indies.
Judge NeiSan stated tho merits al IL
c..se.-tAa question being whether or I1ot III
removal u Seott FROM Missouri VIII Ii
ulaster 70 Illinois. with tiew ef Temporal
r2sidecee worked his emancipation. /
aain:ainsa tilat fire question depended sd
y ca the lew # n M, and IA thai re-
son tie judgment Of the coas5 below shoul1
be affirmed
JUDGE Catroa believed taat the Supreme
Court has jurisdiction to decide The merit.
of The case. He argued that Conerees coule
not do directly what it could not do Indirect
IT, lf it could exclude one species o.
property it could exclude another Will
regard To the Territories coded, Congress
c aid govern them only with tae restriction.
laf the Safes which eeded them; aud the
Missouri act OF 1921 violated the leading
Centuries Of the constitutions and was there
fore void, He eoaeurrea with his brother
Judges that Scott is slave, and was SC
when the suit was brought
Several Of the other judges are to deliver
their views Tomorrow