The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-03-25

L
the latitude of SO deg. 80 min. north, and
north of the State of Missouri. Said
DR.. Emerson kept the plaintiff in slavery
at Fort Smelling until the year 1888.
ain the year 1885, Harriet, (who is
named in the second count Of the plaintiff IS
declarstion,) was the slave of Major
Taliaferro, who belonged to the army of
the United States. In that year, (l835,
said Major Taliaferro took said Harriet
to Fort Smelling, military post situated
as herenbefore stated, and kept her there
as slave until the year 1886, and then
sold and delivered her as a slave at Fort
Smelling unto said Dr. Emerson, herein
before named; and said DR.. Emerson held
said Harriet in slavery at Fort Smelling
until the year 1886. ~.
ain the year $50 the plaintiff and said
Harriet at said Fort Smelling, with the
consent of said DR.. Emerson, who then
claimed to be their master and owner, in
termarried and took each other for hus-
band and wife. Eliza and Lizzie, named
in the third count of the plaintiffs decla-
ration, are the fruit of that marriage.
Eliza is about fourteen years old, and was
born on board the steamer Gipsey, north
of the north line Of the Stale of Missouri,
and upon the Mississippi river. Lizzie is
about seven years old, and was born in
the State of Missouri, at the military post
called Jefferson Barracks.
"In the year ls3S said DR.. Emerson
removed the plaintiff and said Harriet and
their said daughter Eliza from said Fort
Smelling to the State of Missouri, where
they ever since resided.
Before the commencement OF this suit
said Dr. Emerson sold aud conveyed the
plaintiff, said Harriet, Eliza and Lizzie to
the defendant as slaves, and the defendant
claimed to hold each Of them as slaves.
cat the times mentioned in the plain
tif's declaration, the defendant, claiming
to be owner as aforesaid, laid his hands
upon said plaintiff, Harriet, Eliza and
Lizzie, and imprisoned them; doing, in
this respect, however, no more than what
he might lawfully do if they were of right
his slaves at such times"
The Chief Justice proceeded to exam
inc the statement, assuming that this part
of the controversy presented two ,ques.
tions: 80
i Firstly. Was he (Scott) aud all hi:
family free in Missouri? and,
Secondly. If not were they free by
reason of their removal to Rock Island
Illinois.
The act of Congress on which the plain
tiff relies contains the clause that slavery
and ndinvoluntary servitude, except for crim'
shall be forever prohibited in that part o
the territory acquired by treaty from
: Louisiana, and not included within th'
limits of the State of Louisiana. Th'
$ difficulty which meet Us at the threshold
| is whether Congress is authorized to pas
such law under the powers granted Il
it by the constitution? The plaintiff dwell
much on the clause which gives Congress
t power ''to make needful rules and regula
/. tions respecting the territory or other prop
: erty Of the United Statesw But this pro
vision has no bearing on the present con
a troversy. The power there given is con
: fined to the territory which then belong
r ed to the United States, and can have Il
0 influence on territory which was acquires
: from foreign governments. The Justic
: then referred to the cessions of land b
J, Virginia and other States, saying tn
! only object was to put an end to existing
e controversies, and to enable Congress t
e dispose of the lands for the common bene
e fit. Undoubtedly the power of sovereign
k ty and eminent domain was ceded in th
e act. This was proper to make it essen
If tial. There was then no government i
o existence with enumerated powers. Wha
+ was called the States we're thirteen indt
IS pendent colonies which entered into cor
a federation for mutual protection. 1t wa
!. little more than Congress of ambasss
n dors, in which all had a common concern
n 1t was this Congress which accepted til
!, cession from Virginia. They had n
IS right to do so under articles of the COZ
J. federation, but they had right us indt
is pendent powers to accept the land for tt
IT common benefit; and it is equally clea
ef having no superior to control then,>fhe
n had right to exercise absolute dominion
,e subject only to the restrictions which vi
v. ginia imposed. The ordinance of ITS
% was adopted, by which the territory shoul
,e be governed, and among other provision
n was. one that slavery or involuntary sers
ntt tude should be prohibited except fl
,e crime. 5H "a 6
ct This was the state of things when tt
of constitution was formed The terrific
ca ceded by Virginia belonged to the sever
It. confederate States as common propert
e, The States were about to dissolve II
IS. confederation, and surrender a portion
e theii power for the formation of ne
if government, and the language used lii
r. tied and specified the objects to be accol
he plished 1t was obvious that some pr
id vision was now necessary to give the nt
be government the power to carry into efff
at fevery object for which the territory w
I'd ceded. 1t was necessary that the Ian
til should be sold to pay the war debt, a
NJ that power should be given to protect 7
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