The Dred Scott Case and the Missouri Compromise.
We have already published the fact that the U.S. Supreme Court had
decided this much talked of case, involving the Missouri Compromise
question, and pronouncing the latter unconstitutional. We find in the
St. Louis Intelligencer of the 7th inst., a telegraphic synopsis of
the decision, which our readers will deem interesting.
It will be seen that the Court have also decided that
Congress cannot confer on a territorial legislature, power to make
enactments relative to the personal property of citizens of the
United States in federal territory. This is a seeming blow at the
doctrine of squatter sovereignty, but not quite as hard a one as we could wish
the Court had given. As Congress has no power to exclude
slavery from the territory and confer freedom upon negroes, it cannot confer that
power on territorial agents. The stream can rise no higher than the fountain, as
a matter of course. But Gen. Cass contends that the territories have
this power, not so much by donation from Congress, as by some inherent
sovereignty of their own. And this inherent sqatter sovereignty, (not derivative
jurisdiction,) the Court did not pass upon. The question probably
did not come before the Court. The opinion, however, as to
Congressional power, is full of interest and point.
WASHINGTON March 6....The decision of the
Supreme Court in the Dred Scott case was delivered to-day,
by Chief Justice Taney. It was a full and elaborate statement of
the views of the court, and they have decided that the following
are all the important points:
First, That negroes, either slaves or free, as men of the race, are not citizens
of the United States, by the constitution.
Second, That the Ordinance of 1787 had no independent constitutional
force or legal effect subsequently to the adoption of the constitution,
and could not operate of itself to confer the freedom or citizenship within
the Northwest territory, of negroes, not citizens by
the constitution.
Third, That the provisions of the act of 1820, commonly called
the Missouri compromise, is, so far as it undertook to exclude
negro slavery from, and confer freedom and citizenship to the negro in the
northern part of the Louisiana cession, was a
legislative act exceeding the powers of Congress void and of no
legal effect to that end.
In deciding these main points, the Supreme Court have determined
upon the following incidental points:
First, The expression "territory and other property" of the Union
in the constitution applies in terms only to such territory
as the Union posessed at the time of adopting the
constitution.
Second, The rights of citizens of the United States emigrating
to any federal territory under the power of the federal government there,
depend upon the general provisions of the constitution, which
defines in this, as well as in all other respects, the powers of
Congress. As Congress does not possess the power
itself to make enactments relative to the personal property of citizens of the
United States in federal territory, other than such as the
constitution confers, so it cannot constitutionally delegate any
such power to a territorial government organized by it under the
constitution.
Third, The legal condition of a slave in the State
of Missouri is not affected by the temporary sojourn of such slave in
any other State, but on his return his condition still depends upon the laws
of Missouri, and as the plaintiff was not a citizen of Missouri,
therefore he could not sue in the
courts of the United States, and the suit must be dismissed
for want of jurisdiction.
The delivery of this opinion occupied about three hours. It was listened to
with profound attention by a crowded court room.
Transcribed and reverse-order proofed
by Lloyd Benson from the Natchez, Mississippi,
Daily Courier, 14 March 1856.