Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1857-02-05
WHOLE NUMBER, 1902.

grs'' "a' thereby reslrtinsd FROM prob,bid,,
The importation Of slaves, and the retention Of
1hsn a' slaves within the odglnsl Slater. bu,
Co-grs's did. nsSsrtbslsss. claim and ever,
ei1e The power BY these two snsctDes,s % sv.
elua' this forsign ,rsais in slaves from N.
i''ri ores Of Mississippi aD5 0rieaps; and fro,o
me latter fls domestic slave irade also.
That The power Ihus exercised bv Cougr,,,
over The Territories is esa ttulioual. and u,r..
strained either Popalsr sovsr.igs,y Or Stat.
sovereignty. has been solsmnIv slig4g.d ~
The supreme Cour get ~s ar. asI.a vh.,
noes gravity viii you abide b1 tn. dssi,ion
Of 1he Supreme Court. ifn shall hsrs,s., A..
eide that Congress has not the p,rsy tbn, m
'sgisl'''T To those who put ri, qr..,op 7
reply Why did OF not abide the dsei,,i., ~
that tribunal made 10 the pursr and better
days Of toe Republic, Nhsu N,rsbalI's splendid
and brlllss! Intellect. full-or5sd, ilum,d il,
dsoi'ions ?
The greSt question before .he Court in n.
's's 70 which / refer, wss the pswer Of Con.
sTe'' 70 Ieg''liis over The Territories, and IL.
extent si that power. Thi. will bscom. man.
isaI by the ''atenegt Of the case ss A., f,rth !,
the opinion Of the court.
The plaintiffs brought their action 10 recover
eer'sin goods which bsd beer sold nprsu.ut T..
to decree of . eni ,.iaI CO. IT Of r orids Tie
Competency Of 'nli territorial court to make the
de rec Was denied. This court had been a..
,aDl shed parsu1ut % lhe act Of Congress or
1923. which an horizsd lie Jurisdiction, The
Fs'io y o'tli' con grsssiosal q fWIi denied and
upon ia vaiditg t4s whole case dspendsd =
! ne e9ult 10 The opinion pronsuuesi BY Mar.
Ihsl c, j., says:
Inc eouras Wel'h IA a-Iumsnt has taken
"ii require tl't, in deciding tais qussfoA, thS
eouH shail ttke intj view t1s relation IN which
fI1nda stands 10 ne Usted S4tss.'
Alter Ttcitnz ne tes,ty Of purchase, hs
eouIt proceeds u say fGafns people Of FisridA
ierrt'ry 80 nof psTt cipats 10 political power:
tasy 90 nc! snare 10 fle government iii Flor
IA shan become Ste. Ia hs mean dms
Florida eoatnues u be Territory of fls
onf-d Sf'te', governed By virtue oftaat clause
10 me constitution which empowers Csngrss,
20 make all nesdfu rules and reguIsaons re.
'pecting the tirritory or other proDsrt, belong.
M T. Zoe United States Tbs court adds. hsf
cue Ti5it 70 govern may be the inevitable
conSeq ience OF tbS righs u acquire territory.
Which ever may be the source whence hs
power Is derived, the possession Of Ills unqusE-
toned
The court finally decides the vsrv poire
made as 10 the competency Of tds territorial
'cut' in tlese words:
'Iney are Legislative courts created in yirtas
u fne general right Of soversi xnly which exlsh
q rhe government, or in virtue OF fhsf clsu,s
'hieh rnabIes Congress 70 make eli nssdful
ulss and FegalstoRs rsspectng ne teiritorV
'sllnging q tle UIntd StAtss. In lsgi.latp1
or Them tle territories Congress exercises
ne combined powers Of the GsRsral and ofA
;t.te government
The competency Of the territorial court wM
therefore, sustained, and the rule made pursu.
'nce to itS decree hslA valid. 1t is a Iihl, a.
nuSslag 10 hear partisans say thas this il
msre dlcium, so fer as it afirms the pswer Of
Congress over thA Territories, or that other
evasion, that the court only decides that Con
gress when providing territorial courts embloys
he combined psWer Of a General and Stat.
yoVernment, because Of the unlimited and ex-
asive ilrisdioiion Of the United stalss in .d.
nhsly, Th' pls;n words Of chef justice Mar.
sil leave no rom for this evasion, and s1-
lae' any such conclusion. He says
These courts tbs territorial courts I are not
ons'iutiouGl courts. in which the iudioivl
'ower conferred by the Constitution can bs de.
'ositsd. They are incapable Of receiving
He decides that they are legislative courts.
Teated in virtue Of the general right Of soy-
reghty' in Congress to govern the Terrific,
les Whatever special pleading may be set up
G evaie the force OF this decision, one thing !,
lear that in the ju5gemsnt of the Supreme
court the people of the Territories, daring the
srrteriAI organization, do not share in ths
Government, that the exclusive right to GOV.
rn them IA in Cohgrssa, in lsgisating for them
Or oil purposes, exercises tie combined mower
{ the General and Of Stat. government
American Insurance Company 81. a.. Va. Can.
er, ! Curtis, p o87)
I'nOt the combined power ofths "Genera
nd of a State government oompstent to ex.
luds slavery from and emsnoipsfs slaves with.
D Territory North Carolns and the Con-
-ress of l7sO were ofthEt opin on hence the
imitation on !he power Of Congress in the deed
i eession TO which have rsitred.
Beyond all question tAe sovereignty over
he Territories is vested ia Congress evarv
lot for the GeVernmtAE from The act Of 1889
% The @ct OF 1854 proves this: legislation is
sovereignty.
have slread5 shown that the Consultation
'roVi4es for the admission of Aev Sialcs. and
hat 'he PROVISION wss purposely so framed
IS not TO compel .hsir admission npon the same
ermswILh the original States kut ia s..ki.