~.i~3
El
laitarv.nar , ofti:
.jhairsrlt aAa L t`f• )
=MEI
ii.
attillm
W an.
btMOCRA.TIC`Mr4-
-.. PAPSR IN C',NTRE COUNTY
AUTIett)111,111111$11 WRIMRSTAT, lIT
SOHN T. HOOVER.
•
Twn,m4-41,60 fir otivaletu, or if "ad wit hits eiz
aloirithis. • 84,0 will be eilltr4ed uu all auboofiß
it r ris nitt4 in he end or r year.
Atl 'fs mot Reel tWO No ieee ititert
011.$4sna aial rules, wpd u‘ery doseri uf ,
at 412, , FR x x -
Hiagouirlit) loathe henleot tawnier, et the lowen
, pfleee, and with ttio ututott tlespeteh. ilnv,,
• ifitaishootof irolitel ion of type, we err pro
,p41:44 estisfy ordere of tea. (Herds.
..:_grA) Las st 9
ip.4LITTTLX -
AiL L , ATIVIII4E ZY-7;A}l;
mitirtrify . CtillAkralgt.b. PA:
t ):408 R, LIMN,
ATTORNEY AT LAW, -
TIELLICPONTR. PA.,
Uritabibt Itlautan,
. ATTORNEY AT LAW
lIELLEFONTE. PENN
&ten with lion JoinotT 8010. noy2S
CRAITBOY. WILBERT, • •
w SA Y CHI
DRY , 1100118,97 Merkel St.. end 20 Church Alley
.Ph 1 1 0494 411 1 .
. . Jeuld-8 tf
i cTIN STOIE & SON,
A UCTIO!CitEItA,
el V., will µtend to olurilms to awl,
ys toothy.
IQtDEN ORVIB,
ATTORNEY AT LAW
• LOCK
Ofßoevra tbo Protbottotttry, attlto Court flousi.
Lir Buil L. ow of all kt 0.14, pot tutuitsg to the pro
Comma prroptly attended to.
pa C. XITURV.I4L.
ATTielt Y-AT-LAW,
BELLEFONTE, PA
Moe In the Armin, one door from Sourhook'n ho
ter, will attendprozaptlyte business In Centens Olin
ten and Olen:MO cTuuti4a. •
O. A. 1/A111L•1111, U. D. .1, U D011111:111, H. D.
AssocutTßD
J. 1.1 DOREN., With him NI the prainiee
at 11110:11thoe. °Mee it heteeMbre ea ilhthop street;
opmeite the Tempereuee Moult.
. Must T 844 tf.
DE. /AIM F. HIITCHD3OIf,
• - - soototittor Wm. J .
31IJKint, ritspootfully tenders hit protioisioiloi por
tion to rho elicit of P 0 rrgius
lot
brSIC.—A LABS ;
of 'Joseph I. lliskley'loolebnited Itsika vick•
pen bnd u le.taf gem.
aT
Wado. ill) ' ••• • • •
itUitAik;ON uid MECIIANIQAI/ DEN
Tfelr, *mild inform Me friends and petrel.' leaf
he bet pantabatitly located In Dellstonte, and Alta ,
he will be happy to ettettd to any whitish& his pin .
feadieual serTiaos All Ivork bone in the neatest
style arid. warrnded r
kirOittnu and 135 the North E. - tat Cra,
-- iftrryf the` Di.t Canst Jjoanß. _
2DICAt
ART NEESHIV,
...11.T.5. ORO. L POTTER, haring netioointe.l with
blan fat.the *practice of max:Wine, Dr. J. D. MlT
they oLor their profeedional vortices to the
oftialiall of Bellefonte and vicinity. When Deena.
burp thw wartinkting attontkou of both will be given
*Brost additional oharge
11.3 r Dr. Kitebell's mildew:le at hfri. Benner s.
Bellearwea. doel2-11"
62EZN loMBEN,
10 Usu. I. Mugs.
PELIPONTIC, PA.
Aso Unfelt, DUALtif IA
Drier, Nedleldee, Perfumery, P1'11114;014, Y
eillfted.by.Pitulrs; Toilet *wpm liruebee, hair and
Tooth Brushes, steno: and Toilet Akticles, Trudiels
Anil Aduider Brims, Oarden riteds
Oestasseri will And our stock oompleto ailed freak,
and all sold at isoderste priot•e•
kirrarthers Uod Phyol,d.ins from the country
itre'swited to exandoe,tiur elock• 72111
CAI' CUM. -DR:. J. 'UMW*
resplattally taterme the ultimate of Jackson
I'6ll of the *emending country, that ho hie
17 Wasted at J.k3.llitil In, awl will
OrilllZlLand loan calls tho Airqretit bt,tuelito
Orilla do; teeniest or ourgleel, at reasonable
seislirksk
.jets else prepared to insert artifleitt teeth no
ettrentr tei the Istein Improvements end the now
iligsssoad styles, bay to perform all other operation' ,
Ja Dilated liturgy In good style and at reasonable
Ulm
ifillaaitful for pit forma, ho hopes by prompt at
Untie° to busluesti, milli to merits contittuanee o
• shore of the pliblie patronage, (lire hint a trial
Be wilias to Au or hai only as his merits and skit
deOurve•
BBBIT BASK
JAL T. lIAi.•
A. U (Jussix,
X...1.1..21ni55,
B. N. litCALLiurrua.
W. M. Ilduanky.
11121110DIAT PAW ON BPEOLAL DEPOatIll.
litiXES, MeALLISTER,. HALE k
• Ditokraturs, CESTRII Co, Pl..'
aEIPthiLTS EC Fa V ED,
Lb L E.S.CHA NO E AND NOTES DIN
-00E51%D
49OLL$HTIONS MADE, AND •PR 09E EDS RE
...MITTED PROMPTLY.
liarTT
pezD ON SPECIAL DEPOSITti FOIL
X DAPS AND UNVEIL SIX MONTHS
AT THII BAIT OF FOUR PERCENT
D DPWAADS, At THE RATE OF FV E PER
ORNT PER A NNUM
1111C1H41(94.0.4f.TU1i ROT OONBTANTLY ON
, • HAND:
nOot All) JON PRINTING OFFICE
Tlia Publisher of Tun Daltoen•Tie Warm&
Aso hos t in wentmotion with WI icoarep &por lictab
~e,Yggpl r the most e=taueiro and code date .
•,V•lor Thum GeitiTerlreiTiejlikai; -eft
rr.thir MATERIALS,
And gm West Nod most tobloosbls style of Plain
otiod Soins7 Typo,
and is prtpanal to eininuto all
I d " .
- -- ROWLAND PhtiCY 1011•PRINTH40,
'll Uto Veititneteietietyle, and et the shortest notice
S/D141._ CIRCULARS, "
"Menlll3 v. lfinfitriffiAl4B.-- --
BALL T
i - E A wit '
~ ° A,.. ICKETS,
,
~ SLITS, RECEIPTS, •
BOORS, CIIECKH,
SHOW HiLlll3, BLANKS,
l' . I :MNdliel/d2&13,5, to., tn., ho,
1.0, SILVER, and BEcKZEXEINTINC
ifot - Itt go hindenerest umoor.
EPRINTINIA. IN COLORS, in the most Iseult •
aad finished style of the mt. --
Fsetkrn guaranteed In regnrd to nestness,
o.l.... .b•fienolifi trod PundtalllKT in the fulfilment of IS
.-- /i OR IR TUB AlthAfiff. 2d FLOOR, DI-
IfiIOTLY OVER T.A. - RBIMPLAW -105 4 44 D ,... 1
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Tiihaleht. u the tide en the limning sky
• Are %where, pod eurrossa at peat;
Bo btlAht ern I s'espiretievi high,
When Welded by pure virtue end truth.
ENJII ee the thorn blooms with the rose;
Vista ere sorrows mingled with oar joy;
OrstedArkttspe midst the gior.l
Our pionsaroit arc obt *lthort . elloy
Boon the brixht,nrits of noon-day le roftst,
' W.rn au a bairVe ,at the Palming spray-;
3o yonth, too bi Ight to Met,
Swift to tho bubble—p.ss swat
tpo twilight of day in sad and soN,
•
ilyin boor ifktviwo tool today's line:
go, In life', eve, the thoeghts gear aloft,
--- rilaturtins Witigrot 'dive - •n -
V .11 114.11.1¢14 there's a land
' itliere'tlarre't+ nu eiukt,eits, deil.h or fOrrow;
Woo all lulljbt, lire, joy sod tote,
D's the ehrietions hop's—our tifo's to-morrow.
ineWl.•ll.
belgi f s,MClN OFTIIE .9'7 PR L . X E COUPT
OP 771 P, U. STATES-CP . ILT JUS
TICE TA'NET'S'O, 2 IN - 10/4: - -
- (Thief Justice Taney, in deliiering the
opinion of the court. said that this case, after
argument at the last term, was directed to
be reargued at the percent term owing to
,difTeraace at opilifun existing among mom
bete at the aoest,suid le -order- to give-the.'
subject more Miters deliberation.
There were two If siding' questions: first
had the . ci rinit 'court o( the United Status for_
the dstriot of .Missouri jurisdiction in the
case : end if it hadlurisdiction was its de
cision erroneous or not I-
• The def'iidant denied'. by plea, in abate
ment, the jurisdiction of the circuit court or
thi3 Vitited States, on the ground /hat the
plaint , ff "is a negro of Afrisan deioent. his
ancestors were of pure Af-ican blood. end
"sere brought ints thin conutrj and sold as
slaves, h and therefore the plaintiff "is not
a citizens( tbeStsts of Missouri." To this
ples.the pbtintiff demurred, and the court
sustained thi demurrer. Thetenpos the de
fendant:pleaded over. end jitittlfledthe tress•
pass on the ground that the plaintiff and his
family were his my* tdereal and .1 stale- ,
went of filets, agreed to by both partire j was
read in vvidelve.--
Tit!ieliiet innate. liming mated ihe fate
in the case, proceeded to eiy. that the (pleb.
pfaintiplimi entitled till sue in the court of
the United States. This was a peculiar
vutaie: - win% Inmett-le;
• • • such cboomstainees: but
it had been brought here. and it Wia
duty Of the'court to meet And to decide
The questfen was simply this'. can • Peva'. '
wipe, ancestors were imported, and sold is
R . yea, become • member of the political
oily formed and brought into exile..
fence by the constitution or t he Unittil States
and. as such, become entitled to all the
rights and immunitteie of a oitizeii, one of
which rights is Ruing in the courts of the
United States in cases therein specified I- -
In diticuming ibis question we tansynot con-
fband the rights ob 4 citizen erhielt,p state
ntaybonfiv within its emit limits with the
rights of a Citizen within tbeliMits of the
United States. • '
No one can be tl citizen of the UniteiStatea
unless goer thO provisione of • the eoustitu
tion,Aut it does net bailor tiefire
ing • Citizen of otio 'tett, must be morns
ed es such by every w ate in the Unionr Be
may be a citisen in nine state and not 11:0111-
I mud as such in another. Previous to the
"Po .tion of the eanstitutionii ever)! Oslo
might ceder the Ohaiiieter Ott aithaill; eta
endoW a man With all the rights pertaidligt
to it. This wise °unlined to the boundaries
of s stete f and gave bun tw weigh" , Ibiejmuui
its limits. Nor have the several states sur
rendered this power-by the adoption of the
constitution. Every state May coder the
right upon an elicit or on any other class or
description of peisOnit, who would, to all
in
tents and purposes, be* citizen of the state,
bu' not a citizen in the muse used in the
constitution of the United States. Ile would
not thereby become a citizen cif the United
States. nor could he enjoy the immunities of
a citizen in the other •states. Ili' rights
would be Confined strictly to hirewn state.
The constitution gives CongrOss the! power
to establish .'a uniform rule of naturalism
tron ;" consequently, no state. iJy iip.ttimii
zing an aliei!.could confer upon him the
rights anti inimuitiiies of all the states under
the ge n eral government. It is very char,
theufurc,.that do state can, by any act.in
troduce a ittlw member into the poliical
created by dLe cons titu.i.n. Trg l
q u"tiaii tfien whedur the proviiiions)
of the ctinetitutniii 'of the •Uuittd Statis in '
' , lotion to personal rights, to width •
',WTI of a state is entitled, embraced negrous
of the African rttvo, it that time in the 90111i
try, or afterwards imported, or made fee
from noy and whether it is in the
power of any state to make such
eltizon of the state, and en tow Wm with full
citizenship in sny othef buttes without their
eonsep(i Does qiiec.9lstit9 tioi of the Uni
ted States act nisei hins,fted clothe hits
all the rights of *citizen 1 Ttie s a ne,, think
ski aftiresstive.citinintlie maintained; and.
1 stop; the plainlif~ could
Missouri within the gnarling of the constitti
tiion, twee eitisen of the United States, amid,
conwquentlY, not entitled to sue in its
courts.
It is true that eve*" pariton r ind trap
CIARC and description of parsons at thaititoe
of the adoption of the constitittion,..regardril
as 9iti~cns of:tlprseveral states, liecaina
pans of this now political 4. saj noes
• 4
LIFE
sr
fiber*, ami..ths pitimuii.ot bsuipiness.-t
IThat to tense! these rights, goVernmlbsta
sip ingtilititini ' among mek deriving their
Joet puitierettom the consent of the govern.
ed.'? &c. The words before gust:ed. Would
viceM lo embrace the whole human family:
Sufi it need in s similar iiiiinitherirthirdzy
'would be so understood. But it is too clear
for dispute that tie emslarod African race
were not int. tided Cri,be included, for in
that cap, the distinguished Men who from
bd the Declaratidn of , Independence Mould
be flagrantly against the principles whickl
1 they asserted. They who framed the Dec.
laration et- Independencd were men o r two
much honor, education, and intelligence, to
any what they did not believe; and they
knew that in no part of the civilized world
were the negm race, by common consent.
admitted to the rights of frouneo. They
spoke and acted according ',4) the practices,
doctrines, and usages of the day. That tin•
fortunate raCe was supposed to he separate
from the whites, and was never thought or
spoken of except a property. These op n•
tons underwent no change when the consti . 1
tlition itav adopted. , The preamble sets
firth for what purpose. and for•erho , e bone.
tit, it iris 'formed. It Was formed by the
people—such as had been members or the
original statea—aud the great object was to
secure the Id:Casings of liberty to (sure he II ,
'WA . init — prtlntrrity;"4llll4iiltif-in--044A41141
terms of citizens and people of, the United
Strum when providing for'the pow, rs gran
ted, without defining what description .of
persons tilaiiild be in - chided, or who - slitraid
be regarded es citizens. fit two ruses of
the constitution point to the negro nice as
' - liepitrate - and net: vogardid.,as cttizensl Ihr
whotn the constitution was t ailoytea. tine
clause reserves the right to import slaves
until 1808, and in the aempul the state pledge,
tlwmtulves one to another, to preserve the
)rights oplie master, and teiletivrr op shires
leaosping to their reameehae territories. • By
. iti..• iiret,sbruitii" the sliktitirpurchase..,and
hold
in_ . mprotierty ii direialy aanotioned anti
authorised by the pernmavitho fraairildhl
BELLEFONTP, PA., WEDNESDAY, APRIL 1, 18‘57.
other. It was lowed for thems,tves and
their posterity and for nobody else and all
1416 tights 8 , 4 immunities were inteitired lit
embrace only those of state commitnities, or
Mcrae who became nieflibera accottling.lo the
principles on which the constitution was
adopted.. Lt was n union of tilosb wito wore
rn :mimes of the political cotiminnities, whose
power, for certain al fled, purposes, ex-
tended over the whole territories of th e
tnitedStittr-S, and ghee each - citizen rights
outside his sate. which he. did nk, before
i re-el:ems. : and placed all rights of persons mid
property on an equality.
, Ti becomes necessary, therefdre, to deter
, ori . ne, who 'rem cit liens of therseveral status
whim the coneititution 1A4'114'4,4(4. In or
der to the this, we must rel:air to Am
when - they separiveti trent (6e6.!. Ba itain ,
formed new communities, Sod took their
{!dice among the family of nations. They
who were recognized as eft isgnspf the sl a v e
a.elitred their independence of Limit Britain,
and defended , lt by force of traits. Another
class of persoez, who liadheeit inverted as
Mites. or their descendents, were not recog
nized or into nded to be included in that mern
oral& instrument—the claration 'of inde
pendence. It is difficult aPthis day to real
ize the state of public opinion, respecting
that unfortunate class, with the civilized
and enlightened portion of the world, at the
time of the Declaratiun of Independence and
the adoption of the constitution. but history
show); they have, for more than a centuil,4 l
Ewen ieg-arded as beings of 1.1 inferior order,
An unlit associates for the white race, eith• ;
er socially or politically: and had no rights
which white men acre hound to -respect
and the black man might be reduced to
slavery, bought and gold, atta tmated as en I
ordinary article of ire rithandlse. This opin
ion, nt that time, wee tiz,4l and univ‘rsil
with the civilized portion of the white race.'
It was trgardtd es au axiom in morals,
which no one thought of disputing, -and every
one habituiilli acted upon it, without doubt
ing fora moment the correetneu of the opin
ion. And in no nation was this opinion more
fix`d and'AvnerailY seta upon than 111Eog•
land, the sublects of which governnieg not
only tidied them on the mast of Africa, but
toolohtm le ordinary tnerChandists, to where
they do td Make a profit on them. The
oftinion' thus entertained, was universally
impres4ed on the "coloninia-thia 41de of the
At antic; accorilinsly, negrotlloT the AM
can MCI. w.ra rtgardcd by them as proper
ty, and held, And hottgid and sold, asi such,
in vett.) one of ; the thirteen dcgarkies, wfttati
go, if in itre Vcliratinn'Of titdepetttetd.O:
a art( rn int fbrmed tho cons' i'utfon. The
eine "of Which we harespoken Was std.
kbViTy entbsotti by the EkchtrAtion,of,kke
pendence. and afterward formed the Omni.
ttithin.__ The du•trine of which we have spo.
ti enfeeeedisy the I t,..elire•
lee "of I ieleptheleilie, and Isttrefir 1
rated the eotts.ltution. flies:
—•• when in the 'courke of •hum• n e
vents, it becomes necemary for one pepple
to dissolve. the political hand which nave
connected them with another. add to as.
sumo among the powe•e of the earth, the
generate and equal 'dation to which the laws
of nature end of Nature's hod entitles them
a decent respect to the opinihns of mankind
requires dint they shoal I dezbire the causes
ittli AI impel them to the separation ;" and
thenlortoceeds
"We bold them truth* to be •lf evident
-6.4 hat all men are created equal: that they
are endowed, by their Crtator, with certain
unalienable rights ; that among theao are
coroditittion, foe • tv/4 taxa : and the i
'arc I..ti pledged thermal' '_ h blthi2 right
of the master as long 'di 'Jitimmitotttint
then formed should endure.' d this shows'
conclusively * that sunnier ileac Ption of per
-1
anns were embraced in the o f . 4troviainna
of tho constititilmt. Theme t Inusea *ere
not iniendi d lo (stiffer noniitittem m, their
1 posterity the blessings orlibelly,ito careful
ly conferred upon the whites. ~ilione of this
class, ever emigrated to theIRO State;
voluntarily, They were all at clt aof met..
cloindize. The number eurti*lpated were
I few as e.arnpaNd with thomekwito held in .
' slavery, and not sufliciently n ernes. to at- 1
tract ptlitie . attention nsa . rate 'class.
and wore rcgnrTe4 its apart to the siiiiif pop- .
Walton.. tatlkr..thinilteo. . Ai.. .., ~,...,
It cannot he asp 'Lwow' ?bit* 15tatea Ion
: furred cil iieoshlp'hpon themtfor all these
State a at 'Hitt thou es — cahliithvgpotkek.rvg-ues
lations for the security of selves and
families, se well is of peon • In some
toloor eases there Were 'di t modes of
trial, it could yet taut!? a that these
States would - have formed a* to a
government which atiiilisked s right 'and'
took front ttoth the Mae guar essential to
their own protection, Tiler, have not the
1 right to bear arms, and appgao. at iniliii . o
meetings to discuss Politioatfrotestients, or 1
urge measures of rotor& whilitt they might '
deeni Intitnabiti,- - thet,tiotiOkyage at: alai
lions, nor serve as julmr .. .4 mgr, appear as Wit
ots,kll where whiten ere distiteriled. 'Huse
r'gitts are securtd In wear.A .,i 6l..ato to whits„
into, It is- innixamriblst A. , it 4 re that the
nun of the sieve holding. busies who took, se I
large a share in the tbtfmattoq of the Consti
tution could,* so regirdleas of thernsi lees
and I ite.safiity of those•who trusted and co:t
ill d ill them. ' • .
, .
Evert) , laW of naturalization oonflnrs cit
r
zenslopto white per one. This is s marked
separation from the Blacks. Under the tou
ted...radon vet" State bed 4 right to decide
for itself, Sod the term "five inhabitant,"
the gener.ility of form, certainly excluded
the African race. Laws well framed for the
Nutt especially , . Under the t'eu4titut on
the word "citizen" is subitttsted for free
inhabitant." Af.er further elaboration on
this point, the Chief Justice stitd, from the
best consideration, we have.oorne to the
concluetdn that the African roes who cime
to this country, whether free Or elate, ecefio'
not intended to-be included Vibo Cotuttitul. l
flan for the enjoyment of any famional rights
or benefits ; and the. twoanovisions which
Ipitst to tht.lla treat
,then it askoperty; and
Intik*: it the duty of Ow govvrtnitent to Poo:
lea them to such. Vence, the court is of
opinion, from the facts stated in the plea in
abatetnent, that Dred Scott is not a citizen
of Missouri, Snd id not, thirteihrif, battled to
sue in the U. S. Courts. . -
The following facts appear on the reoonl :
4- Iri 1834 the plaintiff was nuegro slave be.
lunging tii Dr. Pherson, vaginas a surgeon
in the pinny of. the United Stites. In that
year 34) mid Dr. Ecnappoti took the plain.
tiff frozd the State of Mierroti to the mill.
Lary post at Rook lelartil, hi the State of
Bitola, and hid him there-es a Allays until
the mon hof April, 1836. At thelPiene last
mentioned, said Dr. Emerson removed the
plaintiff frond said military poet at Redk
Inland, to the military post at Fort Snelling,
situated on the west bank of - Vie Minsheijol
river, in the territory known as Opp" . L 66.
f 'gentling! tirthe Unittd States eVoin
`Frande, itlid d riiipted north or the latitude
of 36 dg. 30 min. north, and north of tke
State of Missouri. Said Dr. Emerson held
the platittid ic slivery at said Feet Snelling
In the year 1835, ibirrfet (who is named
in the second count of the
tiert) wewthe slays of. Idsdordhiliel l / 4 3 . 1 .4..-.E4 0
Lelonged to the army of the United States.
In that year (1835). sold MAO!: Taliakrro
took said Uarriet to aoil Ikirt
toilita4 post , situated as bertlnbafore stated,
and kept her there as el. elate until the yar
I 1836, and then sold and delivered her as a'
elate at Fort Snelling unto said Dr. Emerson;
hereinbettire named ; dad said Dr. Emerimn
hellidid traliiit: in Slater/ it said Fort
Snelling nntil the year
Ip the year 1838, the plainti . lf and said
Harriet, at said Fort, Snelling, with the con
sent of said Dr. Elm rson, who then eleinie4
to be their master and owner, interm'rried
ael took each other for hoband and Wife.
Eliza and I. 4 i3zie, #atied (tthe third rollflt , Of
the plaintiff's decferation;are thi2 fruit of
that marritige.. Eliza is about fourteen
vu ars old; and was born on hoard the hteatti-
Ini it Hinkley, north of the north line of the
S ate of Jliasrutrl. and upon the Mio4irstPlii
river; Lizzie is Klima seiten }earn 6141. anal
was born in the State of' Mi4f4.111 . 1 at the
military post called Ji Mrsen.llerracks.
In the year 113:',13. said Dr. Emerson re
moved Or plaintiff' end said Harriet, and
their said daughter Eliza, from said Fort
itimiling-toioS,......slinglii4i . lithere they
have t vi r sines . resiiii d
'Before the comment' meet of thin suit,
said Dr. Emerson' sold and convoyed the
plittrittr, anld Harriet, Elias and. Lizzie. 6
the dell.itdatit, f 4 slaves, and the defundant
claimed to hold emit of them, aikalaves.
. At the times -mentioned in the plalntifl'a
detiaraiftin; the; del', ndont, - eixtming.-to
owner av aforesaid, Lid ing hands upon said
plaintiff flarriet, Eliza and Lassie, ,and
im
prisoned them: 'doing in flat 'respect, hew
ev no more than what hi might lain
do if they were of right his alarm at such
titics• '
rha Net Juatioe protecde4. to °manioc
thu atatemoryd . wll4l4, tUtltbie.pol fif,
tho controversy presented two questions.
Firstly?--Vas ht (Scott) and all his tatnily
(tree' in lii it:A(ll4,i, mut
Secondly—lf not, were they free by rea-
Son'of their rem oval to flock Island, Illinois.
Time act of Collgtos on which the p 1 .. ,:
tit" :relic" contains time clause, that slav*y
and iniloluntary servitude, except for crime,•
shall be forever prohibited in that 14,34 of
titeteliel tory acquired by treaty from, Loui
siana, std not included within the Yawata of
the State of Vonisiant. • .Thu difficulty which
meta us - at the, threshold is. whether Con
gress is autlitiriscdto o pitsa"such a lair urt. ,
der the powers granted t 0 it by the Conati.
, • •
tution ? The plaintiff dolvells much on the
amine ' which.' gives ' Congrele'tioweir: .. to
Make 1111',ii4edgil 'rates and rlidationn , re
epeiiiielFtrie-Territery- dr ()their pre7OßY fr i ,
or tiie Unit' ti•Sisteii !" . But this provisign
hat no h-earing on.the present controversy •
ITlte power 'there given is confined tb the
t.t.rrquty which. then belonged to the United
States, ot4cliq l litte no intlueneq on terri:
tory which. Was acquired from foreign goy
arninetita.. „ The;Justiosidnt.iefert4- 1 0-th2
evasions ef land hy Virginia staid other Staten.
saying thn only, object was to put an end to
existing controversies, and to enable Con
gress to diiiprwe of 4h• bwrittillitiahe common
i benetit.-"Undeblatedly- the. power of _ sorer
! eiguty arid. endieut &WIWI' was ceded in the
set' Tbisrusierykolinetartsiabis it illielliiilik
There wets then no government In caletence
'with enumeritetl.pewi we. What was celled
the Stately were thirteen independent cold.
bide *Met *MAN-into confederation for
mutual piroteritliin; it 'alio little more then
a Cengrenotamlitisicadors, is which all had
a common concern. It was this Congress
which: &conned Abe - iistiiiiMi Trim Virginia.
They had tro.rialit,to do so under the arti
cles of the conftilmation, but they had a
1 right as incirpendent poialtrs to accept the
land fur the common benefit; and it is
equally clear, haying no superOwta control
them ; they had a right to exercise absolute
dominion, subject only to the restriction'
which Virginia lippoesd. The ordirwincia dr
1787awas odoptid,loy• which tbe territory
should be governed, and among t‘tJher pro
viaima was one that slavery or involuntary
aer‘itude should be prohibited, except for
crime.- -
This was the itats of things when -the
cobstitutithl was formed. The temtory ce
ded by Virginia belonged to the overact con• i
fe&rillufitetes ifirifilitllltnittl - property: -- - -i rbei
States went about to dissolve the confedera
tion., end warreridaw a pardoner their power,
.ice deer feelaataiit 91 4-o•Ctoliabibeli4lino
. the language used limited and specified the
°Nem* to-be amemplialued. It was obvious
that some provision was noir necessary ttaH
Aive.the.stutgoveresetent the power to-carry
into effect every object for which the terri
tory was ceded. It waa necessary that the
lands should be sold to pay the *sr debt,
and that power should be given to protect
the citisens kdop might emigrate, with the r
rights of property, arms, military stores (as
well as ships of war,) were the "common
pioperty.of the states existing-in their-hider
pendent character, and they had a right to
tike their propeety to the territory, - withogi
the authority of the States:.' The object
was to place these things" under the guar.
dlanship of a new g've.mment, which give*
'eciniiiten the power "to lista all if eedrul
ruts t .
i`and regelatiOns respecting 04 Emi
-1
tdry. or other property of
. the United States, ti
It ipplled to the territory then in existence
and known aw the territory of the United
'States then in the bawd of the frimers of the
Constitution; It refers to the sale or raja
log of rudneji. "This is ilitilvent from tits
power telt:graffito over the territories. With
'the words "to make all needful ruleiiiid
+regulations respecting the territory," are
- isitipTeillhe — Worde'.• - attri • Mher -yertyrerey-of
he United States." And the conCluding
Itol`da tender this construction irresistible:
" and nothing in the Constitution Olen be so
eonetrwed 13 to prejudice any claims of Abe'
United States or any particular Stale." -
It'is obvious thakthe Congress under the
nes , government, regarded the shore clause
as necessary to carry into ellbct the princi
ples and proviefons of the ordinance of 1787,
which they regarded as an act of the States
in the exercise of their political power at the'
time : and these representatives of the unme i
aitaitsta., under the new government, did not
thins proper to depart from Ifiiiiy essential,
Wiwi p1e ,, ,, and did trot Elempt to undo any
thin - that Wilfl'itOtle. - ' . -
A- to territory acquired without the limits
of the llnited4itatea r it--rtosaine territory
until admitted into the Uniett. No power is
eiten in life conatitotion to acquire territarY
,to IA field,444 goy . . rind - ftiothiat'character ;
and, (Trust - qui nay, thervcannot le fotindAn
the esmelitntion any &hiden of power
which COMtetss may lawfully exercise be
ferelt heroines a State., The power td fie
quirt territory until if f s 'in u condition to
lkimuutlt State nu an'equal footing with,the
other Suttee twist neeresarily rest imalinM
'
discretion, cad it-beitasanitTirniirttfirthe
governnwnt tcrirliniecster the ht, Sr of the
Ilniteci','Sfhtes t0r4,00 ortrtection of personal
'rights. and, twit/ theuin. _
• Whatever territory is acquired fit' for dhe,
cornrnon benefit of the people t3f the United
Stites, which is but a trustee: At. the time
that territory was obtained from_ France, it
oontained` sto ponnlation to bo achnitted al ,a.
S ate, and it.therefore became necessary to
hold poases.sion of it until settled and Inbab
hear by a civaliatd comMunity, eepnble of
self-goverotnctit and, for admission into the
(Loon.
_lint, R 3 we before said, it was ac
quired by the federed-it.towountatna ii;r.p...
iesentative and tri t t f espoo,Rimpi t gut
United kitatea, and must be held for their
common and equal benefit fel-4 was Vs
acqedattionottliskropitalf4llwriiiiiial States
acting throne' their agents. and govniment
held it for the common benefit until it should
beetimeasociateci is a mentber of "Ure
Until that lime it 'was undoubtedly nccm •
any that • some goierntitent be bstehliithed
to lboteet the tan ti Cie] p iirSOtt tind
property. The power to ',acquire carries
with it the pdwor to preserge: The fora of
govern:bent necessarily reels on the discK.
tion of Congress. Ii is their thitilto
1 110 h the best' suited-for - the United States,
and thie tnGst depend upon the number of
its altd the chfraeter "ttnd
tion of the territory. Wift goreniment -is
best must • depend on the. condition of the
to be continued until
it shell become a State. Dutthere can IlleT
-12;7b1;a mere - tlimetninsi - yiloSier over per
' sentranti pfroPeky.;'Tlieso are plainly. de
fined by the constitution. Tho eothtitution
Trocide tt that •Congress shall make no law
'respecting the establishment -of 'religion, cr
prohibiting the fns exercise thereof: cr
abridging the freedom of speech, orof the
press; or the right of the people pt vcably
to assenible, and to petition the government
for a.redress of grievances," etc. Thee the
iighta of property *re-united .with the per.
tonal rights, and this extends td the territo
vitirirt ititir l aTiii 'the Stater. dengress can
not euthoilser the territories to do what It
cannot do itself; it cannot confer on the ter.
*glories power to violate the provisions of
ttuiconati tut ion.
It seems, however that there is supposed
to be a difference between slaves and other
propeTty. The pimple in the formation of
the cnintitation, delegated to the general'
government certain enumerated powers and
forbade -tito exercise ofotligas. It has no
pollute *ler persons and propiTrty of citizens
swept anise enumerated in the conatftution.
If dwoonettitation rannfzes the right of
muter and slant, and itlitterner dilemma,
between elaretrand other property, no tri
bunal acting under the authority of the TlM
ted States can, draw Inch a distinction and
deny the provisions and guaranties secured
spinet the encroachment of the government.
As we have 'heady said, the right of prop
erty in a Elave is expressly conferred in the
6.4 . matitution, 'and guaranteed to every Slate.
This is kw language too plain to be misun
derstood and no wonle can be found in i lhe
ntittrlin t'ongrass — greater •
over dares than over any other description
of pplrty... •
t
la - Onrellne the is. i s , llof !Ones
that the act of congress which prohibits cit •
bens from holding property of this charac
ter north of a certain line, is not warranted
by the coostitntion and Is therefbre void :
and neither Deed Ccott nor any one of bpi
family were made five by their residence in
-• The plaintiff waif - not a dated of
Missouri, but wa.s still a slave:Mid there
fore had do right to sae in :the-court of the
United Matt*. 1
The court haring thus eimnfned thoo•z
ses u it Infiniti' mule' the - &institution, pro
ceeded to t'rthir points, saying, is Scott MU
when he was brought back ts
semi .m Illinois, he yea under the law of
the Awmer sad not of the latter. ithas been
settled by thti highest tribumtli.tllat id in
iividualtimunot iteirdro'hls fetiedoitu under
aim* Stistusistaseim As it appears to the
Court that the pleintif is trot • citizen of
thaeogrieust the United Stites
who coytd sue in IKo.United States courts,
this court gives no judgment, and hence the
suit ultustiardlusissed fbr ifant of jurisdic
thn. '
1 1 19E11. P /EEC E 4 S DEPARTURE FROM
THE WHITE ROUSE
earreapea4aataf .biteitualan
.1 Fremont paper that has alit:ay* been °p
is:mod to tho iaef L measured Of the Dem
oentio party, aux beautifully writes about
the depart Gen. Pierce from the Preai.
deat's mansion
't It may be safely itattl that tie tvfidont a
of Washington city part With Piteardant
Pierce with great regret.. lle has endeared
himself to thew by his kindness, geheronity
and urbanity. Allusion wee made to hiiii
.in the sermon of Rev• Sunderland, his parri
tor, on the Sabbath precet.dlng the inaugu
ration, and ,the patter and people were "f
-lirted to tears. Mrs. t'ierce's health is poor
the blow that stretch down her only sop clove
h r own hurt. - Her Litrb)Ptl will sophinpa
n) her to a wanner chine, and he will not
visit the North till the Summer. It is
h►ra~-
lybElbo expected that Mr:. Pierce hill eyir
sue another Northern winter.,
t• As the Cabin, tof (ku. Pierce waY dm , fluently thou ten thousand torigues. Trig are •
atria from the opening of his admiiiistra- the messengers of overwhelpirigrodiet. it
lion to its close, so Was it with hits domestic ,
rtin
ucep•tliti of unit k lechers; !fibers
arrangements. Ilis coachmen , doorkamer. ' nu ' Pe"
dieser(' and dent/girl, all went whh hirxt wine hunting any arguinebt, to 'press 'skit
as be mime into pon(r, 'man(& with hiin lieu) is nut mortal, I would honk fur •it 11011 ii•
thivugli the whole term. and wii l l i i tears and strung, consult:tie c . non of the br**lsthen
i imp] sobs took his Mind at paring, as on . 010 situf Mae bean deeply4gitaterli whom il*
"the morning of the third bode, adult to the
1 , 0104,,nti 1
tnani. . oll,
_A twr,,,,na friend of IJitutikitns of feeling ort risiaz eedatiti*
President Viercr, who took - 17n::al(Ttuff - - rah - Vitri - arr - guvLicqe - forttritr rrystrairrvorkerol.---
,biul on the day he rimovol from the White OM qiciik net harshly of the stariefeeti one:
House, one who witnc‘sed the farewell of heaping i n t.iinna
~, hook not tAn i, o 4 o.
the servants. said it was one of the most af-
sit hw ' , - filly by rude laughter, ur 1101.11aalirt 621.1111144"
fil(luting slant he ever saw. J gfnunte -
.• ~
.. ,
~,,, ,
(*drams and kindness of the President to I, Lqipire ! 1 - 416 7w'ituu"slolinl - r4 lo 3'.l l !•leilligi
s (torrents had riyiicd limn to hun with dialtkitepren sage!. WC gui , .Irenwitsigs .
cords stronger than hands ef-st(el ; and as A ela i o f liitlithoud
.1!1 iyutittialllllll:B4444ooo
they came iu to 'say farevrtll alley were conk- yunistl -they-sre what
letiTy' - ifieiellnedtand - hu - Orr eoeld-tity-.2 , 4' -• , -... 1 .47...__ ...,_ __. ~..I.Ol A * ' 44 t4 1 4 1 M0
dawn the ,harness of State and polYilt atig Jli.l4l o l9,klis iligf,t , iratit.
.1 1 „,i 1f ,..y r ,
heave no sigh, exchange parting' maul-midst), 444.114c1inu. -I lia,lg are, gajatol i palapek ,
i
consultation for four years, and With nliorp, sirf .. met,t holy, There 44 140mywn) ~t f- -
no cord of misunderstanding had evcr been __,in awful pleasure I , Ifiboire Air9‘4, * ,
known, nutted to teara iss the benedictions , i
of his servants, to whom he had been so kind " 11 " t ° ' 164 * toe?' tot loils, 1 1,1%;, • r
. ..,
a attester, ftyll upon honest gratiotliesrure 0 livP; 31 4 ,1 if neoue nligkilrt,
.MilF i•
•. - . , trit•46•4loat. leukunaasiCitiflpk 41,12
~ , i _o_n ulil , iteimilsj lt . n zt. ,i ,
,_
!e;shoitttnipi ► fr, 'be ipplicwili ;44:
St Ertl._ . , , ~..
, 07, .1,-,. .4. , ,,, r.,4
'NO. Mt
BATH OF THEPlilNClA§Liffitillt
Y[^%l4 a Lit of Vailsian gossip ft .
nt-atett, tii tho correvon&tut of Ai 1440
Post : !
()tinge Poled deprived the world or
tho Princoio Nome, the petticoat thplefeer
tiat, the Russ'an eriv, Gutrot's cuter.
and one or Pat Wail iety=s-oKii-11 pettipld
lions ohnnotere.
tiopahl}', but not all the i - orid',l4,o4* . " 6"4:H
lift -4'
ntorrof the erangi , It.appeara i
. 441
justnefore this of heratjact duakseq#l....*
tatresol Tello.y:rttnni hot.l 4116te ..
the ponces, went to RO adjaaaNt
iterer's to buy a doz n or oranges ts sores*
dessert s Aqdabe went herself brains!**
Ifl-Itet-teroir-sranin- • • • •
P. iving MI in tile neionwa of tine ,
expenses ; so ticeirNg . :o etun 134443 44, I , *
old age, slu d' tcrinined to 4to)uriss*i •
for fur valde hviijf, that no rillineous
• tio•washor mit!" lionpforeh ohent Ihtir :
stood ilia draft of iira bile rnikini thypl
ct a c, and thok a el, Lot cold, whiah **A
agrirated while rfeparing the f. It cii
grew Worse during the inner. Ste a
so ill qt. ei being sakryrii tit ' a 7• '
rnoncd a phy..l_::at . n.-Arlito remained liles
holster during the night and ttwo?klitrd. •
rillowinz day. But din sra. • • • :••• is • ~,
reap rd:ISC *lffy and ctinn l ** l ' l f
she tied fief doomiti the • ..., , ,
troubled counter ant, and ft , s . • 1
his potions as .. wed .as irt di!. ' ..'..
...
. CirellUritSilelli T . I tale 4be dead liaises_ ft*
night-she said -I kt.orrlt, I'lleet ii . , ilielis
is in vain that you seek to detteliri tititZ“:l*
env son Paul.-kit rue be alone a-Idt: Mtn
l iii r •
ni so
tif f can dispose - of my prorortf; • .040 • 1011
&c.. - acooi ding to roy deiires, and ' lbw
quietly -wait to se,e what is deatit.' tilt
wishes were complied with. and tuning ante
isftetorily pranged everything, she resigned
herself to thoeftsl struggle. Kirqp,peintimi
and statesmen, the well knew, seollStiniii••
est themselves Shout her last moinwitti*
thorough woman of the, world dint alirt,"4l4.
she determin , d to keep up tr respootable np
pearance to.the end. And as 110.1 161111611111
judge, her death ww• as perfectly teem, d
fast as alto would have desired chilli 4i
have lived to hear it talked about !
What' a powerful thing is ssoird yr
ange !"
(roar; sa Anii(ak
There e.-e thr,Ae vehu b t eliere iL 404.44
♦teeirkl Rriei bNt Wn "loydra,
who are left behind tt,tens. 114 ob i .1.1111110
'ion lses tleiud 'nutty it mutter's. WM: , 14
the uteru In:lining grief thin. sloatti
o brit iit
iv a relief iinsir elkah , ,il to thirds that z lkut tsp.
rnen:ctt 'Vial its; sire-cfterisield partetier..at dpe
dual ) ; child are still with tie, atop=
r .
ly by a thin division . air, gm
pt
u., vrsolsing opts W. 5t41111414..1414 , -
VI
vianditig us th Mild actions.-
. orwri
conviction elieekod the rising tbosigiti . •
"Ira ttu nod the - temiring and thing rf
t.e path of s :slue, . .
We would laic laliete that lola Mail44;ll•
nocents who aro given to their pant* 4a
while, and s ho are bilteanytty,jelefills:*/
ha' g begun to WPITeI thetn!Orli. POW *fir
hearts; 100 sag( h• in tEs.pliag, istn e t i !ef o lirg
Int front cutlily things sn4.,resivetl iiwifit
souls n,longitiALftr l ' orndis • 04,priAilp•
allied tin iwthis way wham 01 fitiblt•Amed
Nil. There are preying uvothiee•,llo6,ll
stinsare for eway. to
,vrituto thin bailor boa
sometimes tionoe,witb itemiltar leenotyh Qe:
what, itteii.rasiblejoy to think 444 illiaitiat-
La angel. attend thou waadarer in. *ow.*
es ut the night, in the storm at IN* ' m' dr
wide pr”i'i , , nod on theblm,:k Simla. carcaim
met, separatu , t by tha,tast weallafroo.lluair
illatti Ileums. often fish as if soiree ..41.Viellti
' pre.coce aria with - .. t11 , 11i. 114 tilllti4ll, NW'
4411 spirit, w..v.i lijr a to ither's4444lmara
constantly protecting their routatept,
There is a Gomm] legend witiO dap root
inch of us at bleat, bees guar drib iitit *pi,
pointed, who re.aiin with tit lentil 4 'al
iens driven exey by our remora"
lea •
nem Alas f-r those who have tatilittial
their ills iihle attendant. ' Vial. i ' dithlified
there must ho as they g,, ire* 11,E hi it :OJAI.
siiti , 1,, ~nine, lonely tNenclipre't 1..., *Malt do •
in essengt.r ft . orn P.tradive tike{' 6lll tlitt; '
to conduct Ilia ep'rit trite taint' ne y
and I,lios, V- hera cotlittlit"ird 'irtit4Lefit'
otttraryny i t ete golden stiplloll l' of 'llo's
ijeCßcn~evi ur Ictite.-.4beri,lll a beekal
nu,t, in tenric buy nrenn,a-oratritoLuniuk
ließe, but of power. They speak Aloes' ell,
:-: ,. r,a04.
: ••
FS
El
, • .r .4
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1 . A 1,0
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