The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1857-05-30

decision in this case is not in conflict with |
that opinion, and that the court did not in |
the case referred to, decide upon the con- |
struction of the clause of the constitution |
above mentioned, because the case before |
them did not make it necessary to decide the |
question.
3. The United States, under the present
constitution, cannot require territory to be
held as a colony, to be governed by ITS will
and pleasure. But it may require territory,
which, at the time, has not a population that
fits il to become State, and may govern it
as a territory, until it has population,
which. in the Judgment of Congress, entities
it to be admitted as State of this Union.
4. During the time it remains territory,
Congress may legislate over 1t within the
scope Of its constitutional powers In relation
to citizens of the United States-and may
establish territorial govcrnnent-and the
form of this local government must be regu-
lated by the discretion of Congress-but
with powers not exceeding those which Con-
gress ITSELF by the constitution, is authorized
to exercise over citizens Of the United States
in respect to their lights of persons or right
of property.
!. The territory thus acquired is acquired
by the people of the United States for their
common and equal benefit, through their
agent and trustee-the Federal government.
Congress can exercise no power over the
rights OF persons or property OF citizen in
the Territory which is prohibited by the
/ constitution The government and the cltl-
zens whenever the Territory is open to set
! tlement both enter it with their respective
rights defined ana limited by the constItu-
/ ton.
3. Congress have no right to prohibit the
( citizens of any particular State or States
/ from taking up their home there, while 1t
permits citizens of other States to do So
! Nor has it right to give privileges to one
! class of citizens which it refuses to another
| The Territory is acquired for their equal and
common bcneiit-and, if open to any, it
must be open to all, upon equal and the
same terms
8. Every citizen has right to take with
him into the Territory any article OF proper
" which the constitution OF the United
States recognizes as property.
( 4. The constitution of the United States
recognizes slaves as property, and pledges
the Federal government TO protect 1t. And
/ Congress cannot exercise any more authority
over property Of that description than 1t
may constitutiODally exercise over property
Of auv other kind
The act Of Congress, therefore, pro
hiL.t.ng a citizen Of the United States from
taking with his slaves when he removes to
the Territory in question to reside, is an eX-
ercise Of authority over private property
which is not authorized by the constitution
and the removal of the plaintiff, by his
owner, to that Territory, gave him no title
Of freedom.
l. The plaintiff himself acquired no title
TO freedom by being taken by his owner to
Rock Island, in Illinois, and brought back
to Missouri This court has therefore de-
cided that the stat,ls Or condition Of person
Of African descent depended on the laws of
the State in which he resided.
.. 1t has been settled by the decisions of
the highest court in Missouri, that, by the
laws Of that State, slave does not become
entitled to his freedom, where the owner
takes him to reside in a State where slavery
j not permitted, and afterwards brings him
bacl. to Missouri.
Coucl.sioH.-It follows that it is apparent
upon the record that the court below erred
in its judgment on the plea in abatement,
and also erred in giving judgment for the
defendant when the exception shows that
the plaintiff was not a citizen Of the United
States. And, "a the Circuit Court has no
Jurisdiction. either in the case stated in the
plea in abatement, or in the one stated IN
the exception, It's judgment in favor Of the
defendant is erroneous and must be reversed.