The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-03-20

must b 'ps,dfal, and are left to legislative,
discretion. There Arc two classes of acts
ard In eight distinct instances. beginning
with the Inst Congrcss md coming down "
lS4S, Congress had excluded slavery frolu
the territories /; and there arc six distinct
instances in which Congrcss has organized
governments for territories, and recognized
slavery and continued IL therein also, be-
ginning with the FIRST Congress and coming
down TO 1922. These acts were signed by
seven Presidents, coming regularly down
from Washington To John Quincy Adams,
thus including all those who were in public
life when the Constitution was adopted
This should have much weight on the qies-
ton Of construction, and It would be diff.
cult to resist the iorce Of the acts to which
reference was made. lis opinion was, the
decision Of the Circuit Court tor Missouri
should be reversed, and the cause remandcd
for new trial.
Judge Mclean, after stating the facts rel
ative to the subject, said that the plea a. to
jurisdiction Is radically defective. II had
never been held necessary that TO constitute
CITIZEN man should have tho qualiica.
tions OF an elector. Females and minors
may sue in the federal courts, and 10 mas
an individual who hal lis domicil in the
State IN which he may sue. The most gen.
enil definition Of a citizen Is a fireman.
The plea does not show bred Scott 10 be q
slave. II does not follow, man is not ire
whose ancestors were slaves.
II Is said colored citizens are not agreea.
bic members Of socis y; but this was more
matter Of taste than Of law. Several oi
the States have admitted such pcrons to
the right Of suffrage, and recognized them
rs citizens and this has been done in slave
us well in FREQ States. On the subject oil
citizenship We have not been very iastidious.
Under the late treaty with Mexico, We have
made citizens of ali grades, combinations
and colors. The same was done in the cas-
~ of Louisiana and Florida. No one ever
doubted, nor court held, that the inhabi-
tants did no, become citizens under the trea.
ties. They have become citizens without
being naturalized.
Trough the continent Of Europe, with
out exception, II has been held that slavery
can exist only in territory where 1t has been
established, and beyond that the master
cannot sustain himself save by some express.
stipulation. There is no nation in Europe
which considers itself bound to return the
master Lis fugitive slave, under the civil
law or the law .of nations. Tho slave il
held to b. tree where there is no treaty, oh
LEGATION, or contract to return 10 him his
master. In the case Of Priss against the
State OF Pennsylvania, the state Of slavery
is deemed to bc "a mere municipal r gulation
founded and limited TO the range Of the
State which enacts il. This was tho decis.
ion IN the cse of Somerset in England
which was decided before the American
Revolution. Congress has no power T. in
tericrs with Slavery in the States, or u reg
ulatc what is commonly called the slave
trade among the several State.
We know that James Madison - that
great and good rnsn-vas par ticular to re-
gard slaves escaping from seryics or labor
Us "perons," and not as property. While
he, (Judn Mclean) agreed that this GOV.
eminent was was not made for the colOrcd
race, yet many Of them in the New England
States exercised the right of suffrage when
the constitution was adopted: and IL was
not doubtcd that Its tendency would DO IL
ainciora,c the condition Ol that race. Ma.
ny Of the States took measures to abolish
slavery; and i; IL well known fact that the
belief was cherished by leading mon, both oi
the South and the North, that the ins;itu.
ton of Slavery would gradually decline, I'M
al it should become extinct.
All slavery las its origin against natural
right.
Ii in making the necessary rules and reg
ulatlons respecting the public lands, q ter
ritoral or temp Irry government Is requisite
Congress has the power to c'tiblishit. Tn,
power to acquire carries with !, the power
| u govern. Congress can exercise no power
prohibited by tho Constitution nor has j,
power to regulate the internal concerns OF Il
state. &c Congress deem slaves or free per-
sons Of color injurious to u territory IL has
the power TO prohibit them from becoming
settlers therein. Whcrca territorial govern
mcnt has been established on slave territory,
it has uniformly remained in that condition;
10 when the territory was free and this
soas attended with satisfactory results. The
wyereign,y of the federal government ex-
ten Is to all territory of the United States
If we have the fight to acquire territory,
we havo the right TO govern il; and this has
always been exercised.
The Constitution was framed for the
whole country, and the prohibition Of slave.
~ north Of36 80 was constitutions. Where
there is no local law abolishing slavery, the
master cannot control the will of tho slaves
by force, and the presumption is in favor of
freedom.
Tho master, in going into territory.
does not carry with him the law Of the State
from which he moves. Slavery. he repeat
ed-or property IN human beings-does not
arise from the international or common law,
but from u merc municipal regulation
There was just enough ground for the argn-
ment that this Was exclusively Missouri
question. bred Scott and his family were
Tree under decisions given within the last
twenty eight years. a slave who acqires
his freedom by his removal 10 another State
cannot bc reduced to slavery by his return
Ing to the State from which he emigrated.
81 far from this being merely Missouri
case. il is one which comes under the TWEEN.
ty.fith section OF the Judiciary act, there
fore, may be brought for tha revision Of this
Court from the Supreme Court OF the State
ut Missouri.
Organization of the City Government
T'bo p,,v C;,v yovernment was dulv mr..