The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-07-16
THE DRED SCOTT CASE.


right of Territorial Legislatures to prohibit slavery
in the Territories, re-publish that portion of
the decision which bears upon the point. After
considering the constitutional authority of the Fe-
deral Government to acquire additional territory
and noting the absence of any "express regulation
in the Constitution, defining the power which the
general Governme mt may exercise over the person
and property of citizen in Territory thus ac
quired, the Chief Justice proceeds to show how
the principles of the Constitution prevent Congress
| from exercising absolute and uncontrolled au-
thority. He says:
Taking this rule to guide us, it may be safely
| assumed that citizens of the United States who
migrate to territory belonging to the people of
! the United States cannot be ruled as mere colo
nists, dependent upon the will of the general gov
ernment, and to be governed by any laws it may
| think proper to impose The principle upon which
our governments rest, and upon which alone they
continue to exist, is the union of States, sovereign
and Independent within their own limits in their
internal and domestic concerns, and bound together
as one people by general government, possessing
certain enumerated and restricted powers, dele
gated to il by the people CT the several States, and
exercising supreme authority within the scope ofthe
powers granted to it throughout the dominion of
the United States. power therefore, in the gen.
eral government to obtain and hold colonies and
dependent territories, over which they might leg
isate without restriction, would be inconsistent
with its existence in its present FORM What
ever 1T acquires, it acquires for the benefit of the
people of the several States who created it. 1t is
thelr trustee acting for them, and charged with the
DUTY OF promoting the interests of the whole people
oi ,he Union In the exercise of the powers speci-
cay granted.
| At the time when the territory in question was
OBTAINED oy cession from france, it contained no
! population hit to be associated together and ad-
mitted as State; and it therefore was absolutely
| necessary to hold possession of it. as a territory
belonging to the United States until it was settled
| aud ,phn stn1h h,,a n.,,.1s, s,a1
selfgovernment, and in a condition to be admitted
on equal terms with the other States a member
of the Union. But, as We have before said, it was
acquired by the general government, as the repre-
| sentative and trustee of the people of the United
States, and it must therefore be held in that char
acter Tor their common and equal benefit; for it
was the people of the several States acting through
their agent and representative, the federal govern
ment, who in fact acquired the territory in ques-
ton, and the government holds it for their common
until 1t shall be associated with the other States
| as member of the Union.
| But until that ii arrives it is undoubtedly ne
cessary that some government should be establish
ed in order to organize society, and to protect the
inhabitants in their persons and property; and as
the people of the United States could act in this
| matter only through the government which repre-
| sented them, and through which they spoke and
| acted when the territory obtained, it was not
only within the scope of its powers but it was its
duty to pass such laws and establish such govern
| ment as would enable those by whose authority
| they acted, to reap the advantages anticipated
from its acquisition, and to gather there popula-
tion which would enable it to assume the position
! to which it was destined among the States of the
| Union The power to acquire necessarily carries
with it the power to preserve and apply to the pur
poses for which it was acquired. The form of gov
ernment to be established necessarily rested in the
discretion of Congress. 1t was their duty to es-
| tabsh the one that would be best suited for the
protection and security of the citizens of the United
| States, and other inhabitants who might be au-
thorized to take up their abode there, and that
must always depend upon the existing condition of
the territory, to the number and character of its
inhabitants, and their situation in the territory
| In some cases government, consisting of persons
| appointed BY the federal government, would best
subserve the interests of the territory, when the
inhabitants were few and scattered and new TO
another. In other instances, it would be more ad-
visable to commit the powers of self-government to
| the people who had settled in the territory, as
being the most competent to determine what was
best for their own interests But 81 ne form of
civil authority would be absolutely necessary to
organize and preserve civilized society land prepare
it to become State; and what is the best form
must always depend on the condition of the terri
tory at the time, and the choice of the mode must
depend upon the exercise of discretionary power
by Congress, acting with the scope of its consti
tutiona authority, and not infringing upon the
rights of person rights of property of the citizens
who might go there to reside, or for any other
lawful purpose. 1t was acquired by the exercise
of this discretion, and it must be held and gov
erned in like manner, until it is fitted to be
State.
But the power of Congress over the person or
property of citizen can never be mere dscre.
tionary power under our Constitution and form of
government The powers of the government and
the rights and privileges of the citizen are regu-
lated and plainly defined by the Constitution itself.
And when the territory becomes part of the
United States, the federal government enters into
possession in the character impressed upon it by
those who created it. 1t enters upon it with its
powers the citizen strictly defined, and limited
by the Constitution, from which it derives its
! to exist and act government and sovereignty.
1t has no power of any kind beyond it, and it can
not when it enters territory of the United States,
put off its character, and assume discretionary
despotic powers which the Constitution has denied
to it. 1t cannot create for itself new character
separated from the citizens of the United States,
and the duties it owes them under the provisions of
the Constitution. The territory being part of the
United States, the government and the citizen both
enter it under the authority of the Constitution,
with their respective rights defined and marked
OUT and the federal government can exercise
power over his person or property, beyond what
| that instrument confers, lawfully deny any
| right which it has reserved.
A reference to few of the provisions of the Con-
stitution will illustrate this proposition.
For example, no one, we presume, will contend
that Congress can make any law in a territory res
pecting the establishment of religion, the free
exercise thereof abrdging the freedom of speech
or of the press or the right of the people of the
territory peaceably to assemble and to petition the
government for the redress of grievances.
| Nor can Congress deny to the people the right to
keep and bear arms, nor the right to trial by jury
nor compel any one to be witness against himself
| in a criminal proceeding.
These powers, and others, in relation to the
rights of person, which it is not necessary here to
| enumerate, are, in express and positive terms, de-
MED to the general government; and the rights o.
private property have been guarded with equal
care. Thus the rights of property are united with
the rights of person, and placed on the same
ground by the fifth amendment to the Constitu-
| ton, which provides that no person shall be de-
prived OF life liberty, and property, without due
process of law. And an act of Congress which de-
prives citizen of the United States of his liberty
or property, merely because he came himself or
brought his property into particular territory of
| the United States, and who had committed no of
fence against the laws, could hardly be dignified
with the name of due process of law.
Sotoo,t will hardly be contended that Congress
could by law quarter soldier in house in ter
Tltory without the consent of the owner in time of
peace; nor in time of war, but in a manner to be
prescribed by law. Nor could they by law forfeit
! the property of a citizen in territory who was
convicted of treason, for longer period than
the life of the person convicted nor take private
property for public use without just compensa-
ton.
| The powers over person and property of which
we speak not only not granted to Congress,
but in express terms denied, and they are for
hidden to exercise them And this prohibition is
not confined to the States, but the words are gene
raj, and extend to the whole territory over which
1
ding these portions of it remaining under terrific
rial government, well that covered by States.
| 1t is total absence of power everywhere within
| the dominion of the United States, and places the
citizens of territory so far as these rights are
concerned, on the footing with citizens of the
States, and guards them as firmly and plainly
against any iHroads which the general government
might attempt, under the plea of implied Incl
dental powers. And # Congress itself cannot do this
IF at IS beyond the po0ers conferred on the federal
gouernment-it a1W be admitted, ice presume that II
could not authorize territorial government
else them. IL could confer no po,oer on any local
government established 6y ats authority to violate the
provisions of the Consultation.
| 1t seems, however, to be supposed, that there is
a difference between property in slave and other
property, and that different rules may be applied
to it in expounding the Constitution of the United
States. And the laws and usages of nations, and
| the writings of eminent jursts upon the relations
| of master and slave, and their mutual rights
and duties, and the powers which governments
may exercise over it, have been dwet upon in the
\ argument.
But in considering the question before us, it must
| be borne in mind that there is no law of nations
standing between the people of the United States
| and their government, and interfering with their
relation to each other. The powers of the govern
ment, and the rights of the citizen under it,
| down. The people of the United States have dele
gated to it certain enumerated powers, and forbid
| den it to exercise others. 1t has power over
| the person property of citizen but what the
citizens of the United States have granted. And
laws usages of other nations, or reasoning of
statesmen or urists upon the relations of master
and sIava can enlarge the mowers of the govern