Sheboygan Journal (Newspaper) - March 26, 1857, Sheboygan, Wisconsin WHOLE NO 255 THE JOURNAL It EVERT CT MILLS SHARPE In Brick Block Third Story To City in advance when de- livered by 00 50 PER is ADVANCE raid in advance To Mail in not paid in advance Clubs of 10 or more to one in advance each KATES OF One of 12 lines or less one year do do do C months do do do 3 d6 do do week Business one year One column one year Half do do Quarter do do notices at the statute rotos JOB TI X C Wo have n large quantity Jobbing oil hand comprising the latest styles ol Plain anil vonpv Job Letter and arc to execute all f JOB in n stylo and on notice 1 00 00 0 00 3 00 1 00 5 00 40 00 00 15 00 GERMAN EVENING SCHOOL THE nt the nl ladies and opened o fo who moy to a knowledge of the German thn will enable them to and write the with facility on and Friday evening of week nt the over Dr Dook Drug by the For terms enquire of the under et the National Hotel or at place o meeting A C J Deo Taylor Hiller Cook Buncombe Attention Counsellors and Office in Block rox coox D W Northern Insurance Agency Office in Wis INSURANCE COMPANY Of Hartford Conn L LOOMIS President II O M E Of Wall Street New York City J MARTIN President FIRE MARINE AND LIFE Kinks nl current responsible Companies C 1 German Bank CAPITAL STOCK NOTES STATE STOCKS DEPOSITED Discounts nnd Foreign nnd Domestic Collections remitted on Special Deposits 3 II JOHN Frost H PAINE and County Surveyor Brick Block Eighth Street WISCONSIN Or tiers for and promptly attended to Messenger's London Cordial Gin A PERFECTLY PURE TONIC AMD IN- CORDIAL This in manufactured in London under of Ex- cine Police in with tho Excise rof Grent Britain which with heavy allie of any article designed for food or from tho finest of barley noted with tho choicest tonic of It lios boon submitted to tests nnd to bo from ony deleterious ingredients and recommended o perfectly pure stimulant and by Dr A A of Muss Dr ton tho celebrated Professor of London Drs Turner Adams nun Richard nnd several hundred in every port of the United Staes who it in their practice for kidney and gravel complaints dyspepsia gout general nnd debility Where tho water is bad or low or ground or fever ond ague districts this article will bo found n positive cure anil nent preventive It is put up in quart and pint bottles nt fifty cents nnd each with tho words C London Cordial Gin blown in tho neatly labelled end cd The labels ore in New York R E MESSENGER Importers 58 Fulton st New York purchasing be sure that it is ab- as several New and Chicago spirit nro swindling tho lic with a counterfeit which they represent as their own importation Every bottle of real Cordial Gin is imported by us ond boars tho R E MESSENGER Co Sold to tho trade by C II W O George and L Reed Chicago nnd retailed by and grocers From the London GOING HOME WH said tho days evil AVe felt that they might be For low our fortune's level And heavy the winters grow But one who had no possession up to the azure dome And said in his simple fashion Dear friends we are going homo This is the earne dull market wearied its earliest Tho times to the are dark yet And so boon many an And nations And red grow trio And dreary with desolations Roll the laden years What need of the story time hath HO often The spector that follows glory Tho that with Phat wisdom and strength and honor fade like the far sen foam And Death is the only winner Dut friends we are going homo 1 The homes we had hoped to rest in Were open to sin and The dreams that our youth blest in Were for tho wear of life For care can darken the cottage As well as the palace hearth And birthrights are sold for pottage But on earth The springs hare gone by in sorrow Tho summers worn avray And over we feared to-morrow And ever wo blamed to-day In depths which the Bounded On hilis which tho high heart clomb Have trouble and toil But friends we are going Our faith was the bravest builder But found not a stone of trust Our love the gilder But lavished its wealth on dust time the fabric shaken And fortune the clay hath shown For much they have changed and taken But nothing that was our own The to ue made baser Tho paths which so many choose The gilts there was lound uo place for The riches wo could not use The heart when life was wintry summer in strain nnd tome With these to our kin and Dear friends wo are going home I LITTLE is something in- expressibly about Lovely pure innocent ingenious unsuspecting full of kindness to brothers babies nnd thing They are wee little human diamond dew drops of tho breath of morn What a pity they should ever become men nnd heartless A MAJT may think well and yet not net wisely The power to see what is right is very different from tho power of doing it A man of moral energy will accomplish more with a little knowledge than u man of inferior will with much And strength of will is generally acquired by with difficulties in life CHIEF DECISION Chief in delivering the opinion of tho court this case ter argument nt tha lest term directed to be at the present term owing II difficult the f men of the slaveholding NEW SERIES VOL l NO M state of public opinion respecting un- fortunate class with the civilized and en- lightened portion of the world at the time of the Declaration of Independence nnd ths adoption of the constitution but histo- ry shows they have for more than to difference of opinion existing among i rj as of inferior members of the court and in order to give er nnd associates foi the white the more mature deliberation j rnee either socially or politically had There were two leading first no which men weie bound to liad the circuit court of the United tho black man might be re- fer the district of Missouri jurisdiction in j to slavery bought nnd and the case and if it had was its ns an ordinary article of merchan J decision erroneous or not The defendant denied by in ment the j of the circuit court of i the United States on plaintiff is a negro ancestors wore of ouro African blood and dize This nt time ed and with tlie civilized of Uie white race It was regarded aa an i oi uie circuit court ci i it as an i the ground the I lri which no one thought of if African descent his and every one habitually acted African blood nnd I upon doubting fora moment were brought country nnd sold as j of the opinion And in no and therefore the is not n was this opinion more fixed and citizen of the State of Missouri To this generally acted upon than in England tho plea the plaintiff demurred nnd tho court j of not only tiie demurrer Thereupon on the coast of Africa but took and uglified lie ns merchandize to whore trespass on the ground that the plaintiff a on tliem The THE POETRY OF PHYSIC AYERS PILLS glide over the pal ntc but their although wrapped up i- ond with plant force on tho very dation of disease There ore thousands of who would not wear their distemper if they they could be cured for Purify tlie blood and disease will bo starved the system fiom impurities nnd you nrn cured already Take of nil Purgatives ond Scrofula Headache In j A Jaundice the Liver Kidneys and Bowels all and all disease which a remedy can fly before them like darkness before ft ail if you arc from ho remedy hue fo i to neglect it nnd Thar i the bent mOiSi for a Cough 1.1 known to the wholo and that Ayer's oro tho best of oil Pill -.1 Known to who lined them Prepared by Dr J C Jfoss 2m JUST ADOUT years igo when man's depended much on his taking n newspaper n certain shrewd old fellow one morning ng the luxury of perusing his paper hough he labored under the f not knowing a single letter of tho when a more knowing neighbor of lis happened to borrow bis mper observing to him he had his mper wrong end up The old gentleman rawing himself up in all the pomposity f offended I would ave you know sir that if I take n paper nd pay for it I have a right to read it end up I please As ORIGINAL editor of 13 Enquirer says ho sent to Mr Wicker New for money and received in return new York the 10 18 fifty C YOU mis it For sending for money jTj i tho is i Fa dun a stitch of in I ePose i war by or ime in a way my n barrel nnd my feet look like a couple a babize swelled so look so black i some wild snops for this morning Theyre mo all up yourn til deth well PRESERVED WICKER N B you dont lino of wots good fur i spose Atlantic accordingly negroes of the rican race were by them MS firty nnd held and bought and sold as sucb in every one of the thirteen colonies which united in tbe Declaration of nnd afterwards formed the con- Tbe doctrine of which wo have tho political bonds which have connected them with another and to assume among the powers of the earth the separate and equal station to which the laws of Nature nnd of Nature's God entitle them a decent pass on e groun tat te plaintiff em e and his family wore his negro slaves and entertained universally a of tho facts weed to by both colonists this side of the was lead in evidence The Chief Ju tice having slated tha facts in the case proceeded to say that the tion first to be decided was whether the plaintiff entitled to sue in a court of the United States This was n peculiar and for the first time brought be- fore the court under such circumstances but it hud been brought here and it was the duty of the conrt to meet and cide it The question simply Can a negro ancestors were imported and sold ns slaves become n member of the political community formed brought into by the of the United States nnd ns such become tled to air tho rights and immunities of a citizen one of which rights is suing in the courts of the United States in cases therein specified In discussing this must not confound the rights of n citizen which a I State may confer within its own limits with the rights of a citizen within the limits of States No n citizen of United States unless under the visions of the constitution but it does not follow that n man being n citizen of one State must be recognized as such by every State in the Union He may be in one State and not recognized as such in another Previous to the adoption of the constitution every State might confer the character of a citizen and endow a man with nil the rights pertaining to it This was confined to tho boundaries of a State and gave him no rights beyond its limits Nor have the surrendered this Stales who took so largo a in the for- mation of the constitution could be so re- of themselves nnd the safety of those who trusted nnd confided in them Every law of naturalization confines to white persons This is a ed separation the blacks Under the confederation erery Stale had n right to de- cide for itself and the term fiee the generality of ex- cluded the African race Laws wore ed for the latter especially Under the constitution the word citizen is ed for free inhabitant After further elaboration on this point the Chief said from the best consideration we have coma to tho conclusion thai tho African race who came to this country whether fren or slave were not intended to ba in- cluded in the constitution for the enjoyment of auy personal rights or benefits and thj two provisions which point to them them as properly and mate it the duty of the government to protect them as such Hence the court is of opinion from the fuels stated in the plea in abatement that Dred Scott is not a citizen of Missouri and is not therefore entitled to sue in tbe Uni- ted States courts The following facts appear on the record In 1834 tbe plaintiff a negro slave belonging to Dr Emerson who was a geon in the of the United States In that year 1834 snid Dr Emerson took the plaintiff from the State of Missouri to the spoken strikingly enforced by the the post nt Rock Island in me lavation of Independence It begins j State of Illinois and held him there as a When in the course of human events it slave until the month of April At becomes necessary forone to dissolve the lime last mentioned said Dr Emerson removed the plaintiff from said military post st Rock Island to the military post at Fort situated on the west of the Mississippi river in tbe territory known ns Upper Louisiana acquired by tho Uni- that they should the causes which tuu ui citizen a i Slate may confer within its own limits with rights that among these are life liberty and the pursuit of happi- ness that these rights ments aro instituted among men deriving their just powers from the consent of the U -J UIJl respect to tbe opinions of mankind requires j ted States from France and situated north of latitude of 39 degrees SO minutes north and north of the State of Missouri Said Dr Emerson held the plaintiff in slavery at said Fort until 1838 In the year 1835 Harriet who is ed iu the second count of the plaintiff's was the slavo of Major ferro who belonged to the array of the United States In that year 1835 said Major Taliaferro took said Harriet to said impel them to the and then proceeds We bold these tenths to he self- evident that all men are created equal that by Creator with etc The words before quoted Fort Snelling a military post situated as would seem to embrace the whole human stated and kept her there as family and if used in a similar instrument a slave until the year 1836 and then sold at this day would ba so understood CT it is too clear for dispute that the enslaved African race were not intended to bo ded for in the distinguished men who framed tho Declaration of dence would be- flagrantly against the ciples they asserted They who framed the Declaration of Independence were men of too much honor education of persons would to all intents and purposes be n citizen of the Stale but nos n citizen in the sense used iu the tion of the United Stales He would not thereby become a citizen of the United States and therefore could not sue in any court in the United or other States Hi's common consent admitted to the rights of freeman They spoke and acted according to the practices doctrines and usages of the day That unfortunate raca was supposed and delivered her as n slave at Fort ing unto said Dr Emerson hereinbefore named and said Dr Emerson held said Harriot in slavery Fort Snelling un- til the year In the year 1836 tho plaintiff and said Harriet at said Fort Snelling with the con- sent of said Dr Emerson who then ed to be their master aud owner ried and took each other for husband nnd Eliza and Lizzie named in the third count of the plaintiff's are the fruits of that marriage Eliza is about fourteen years old and was born on board It was this Congress which accepted tlie cession from Virginia They had no rich so under the Articles of tho ation but they had a right as independent powers to accept the land for the common benefit it is equally clear having superior to control them they had a right to exercise dominion subject to the restrictions which Virginia The ordinance of 1787 adopted by the should be governed and among other provisions was one ry or involuntary servitude should be except for crime Tin's when the was formed The territory ded by Virginia belonged to the several States ns common property The States were about to dissolve the con- federation and surrender a portion of their power for the formation of n now ment and tho language used limited nnd specified the objects to be accomplished It was obvious that some provision was now necessary to give the now government the power to carry info effect object for which the territory was ceded It was that the land should be sold to pay the v ar debt and that power should be en to protect the citizens who might grate with their rights of property Arms military as well ns ships of wor wero tho common property of tho States existing in their independent character nnd they had a right to take their property to the territory without the authority of tlie States Tho object place these things under the guardianship of a now government which gives Congress the power to make all needful lules and lations respecting tho territory or other properly of he United States It applied only to property which the sovereignty might It applied to the territory then in existence and known ns tho territory of tha United States then in the mind of tho framers of tho It refers to the sale or raising of money This is different from the power to legislate over tbe territories With tho words to inake nil needful rules and lations respecting the territory are coupled the words and other of the Uni- ted States And the concluding words render thw construction And nothing in the constitution shall beso con- strued ns to any claims of the United States or of any particular State It is obvious that the Congress rights would be confined strictly to his own underwent no change State The constitution gives Congress the Pf was adopted The power to establish a uniform i sets forth for purpose nnd consequently no State by i or ose Jt was formed It was naturalizing an alien could confer Upon him as had the rights and immunities of all the States under the general government It is very clear therefore that no state can by any act introduce a new member in the cal Union created by the constitution Tho question then arises whether the provisions of the constitution of the United States in relation to personal which a citizen of a State is entitled embraced negroes of tho African race at time in tho country or afterwards or tho steamboat Gipsey north of the north im line of the State of Missouri upon the to be from the whites nnd was j Mississippi river Lizzie is seven years never thought or spoken of except ns old and was borrs in tho Stuta of Missouri nt tlie military post called Jefferson racks In the year 1838 said Dr Emerson re- moved the plaintiff and snid Harriet nnd their said daughter Eliza from said 4 members of tho original the great object to secure the blessings of liberty to ourselves and our posterity It speaks in general terms of citizens and ple of tho United States when providing for the powers granted without defining what descriptions of persons should bo eluded or who should be regarded as zens But two claases of the point to the negro race as separate and not regarded ns citizens for whom the new government regarded the above clause as necessary to carry into the ples nnd provisions of the ordinance of 87 which they regarded ns an act of tho States in the exercise of their political er at tho time and these representatives of the states under the new ment did not think proper to from any essential principle and did not attempt to undo anything was clone As to territory acquired without the limits of the United States it remains until admitted into the Union No power is given in the constitution to quire territory to bo bold and governed in that character nnd consequently there cannot be found in the constitution any definition of power which Congress may lawfully exercise lefora it becomes a State to until it is in n condition to become a Stato on equal ing with Stales must necessarily rest on sound discretion nnd it becomes of citizens except those enumerated in tho Constitution If the Constitution tho right of master nnd makes no difference er property no tribunal acting tinder authority of tho United can draw such a distinction nnd deny the and secured the of government As ready said the right of property in a expressly conferred in the and guaranteed to every Stato This is in language too plain to be and rw words can ba found in the lion giving Congress greater over- slave than over other description of property It is therefore tho opinion of thin court hat the act of Congress which prohibits citizens from holding property of this north of n certain line is not ted by the Constitution and is void and neither Dred Scoit nor any one of his family were mads free by their idence in Illinois Tins plaintiff not citizen of but was still a nnd therefore had no right to sue in a of the United States The court having thus examined the cass as it stands under the Constitution ded to other points saying as Scott slave he was brought back to ri from Illinois be was under the law of the former nnd not of the latter It hns been settled by tlie highest that nn in- dividual does nor an- der auch circumstances As it appears the court that the plaintiff is not a of not n of the United who could ass in United courts this court can give no judgment and hence the suit must be dismissed for want of jurisdiction Associate Justice Nelson grounds on which he hud arrived at the conclusion that tho argument of the Court below must be affirmed Having stated the case substantially as above ho proceeded to it on its merits The question was whether the removal of the plaintiff with his master to Illinois with n to a temporary residence and to Missouri such a in a State as worked emancipation Ho that it did not Such to the States to decide for selves As to whether Missouri will recog nize or give to the laws of Illinois on Iho subject of Slavery is foi Missouri self to determine nor is there any eomes Snelling to the State of where i the duty of the government to administer 1 A Judge nt Stafford England sentencing a prisoner convicted of forging n one pound note after having pointed out to him the enormity of the offence and ex- him to prepare for another world thus And I trust through tho merits and meditation of our blessed Redeemer you may there experience that mercy which a due regard to the credit of tho paper rency of the country forbids you to hope for VERDICT OF A INQUEST We de darkies Jurny ob disgust to sit on do body ob de nigger Sambo now dead gone before us had been sittin on de snid nigger aforesaid did on de night ob de ob bor came to his deaf by fallin from de said riber whar we find be drowned and afterwards was washed on de riber side whar we spose he froze to def A HIT AT waggish chap wbo don't appreciate si lido from to Point on the roubin t has written a bottom of one of tho limo tables aJ D Passengers are not ted to leave the cam to on iu ui or made free from any State nnd whether it I Wla One clause reserves the is in the power of any State to make such I g ll tO S in o i tlie second the States one to another to preserve the tights of the master and to deliver up slave escaping to their respective territories By the first clause the light to purchase and hold this a one a citizen of a State and endow him with full citizenship in nny other State without their consent Does the of the United States act upon him mid tlle of a cloit u Tho cannot be nnu Ilot plaintiff could not bo a citzen 01 within tho meaning of tho constitution not a citizen of the United States and con- sequently not entitled to sue in its courts It is true that every person and every class nnd description of persons at the time of tho adoption of tho constitution ed ns citizens of the several States became citizens of this new political body nnd none other It was formed for themselves and their posterity nnd for nobody else and all tho rights and immunities were intended to only those of ties or those who became members ing to the principles on which the tion was adopted It Union of those who were members of the political whose power for certain specified purposes extended over the whole territories of tho United States and gave each citizen rights outside his State which he did not before possess and placed all rights of sons nnd property on nn equality It becomes necessary therefore to do termino who were citizens of the several States when the constitution was In order to do this we must recur to the colonies when they separated from Great Britain formed new communities and took their place among the family of nations They who were recognized as citizens of the States declared their independence of Great Britain and defended it by forco of arms Another class of persons who were imputed as slaves or their descendants wero not recognized or intended to bo in- cluded in that memorable Declaration of Independence property is directly sanctioned and by the persons who framed the for twenty years add the States pledged themselves to uphold the right of the master ns long as the government then formed endure And this description of persons were in the other sions of the constitution Those es were not intended to confer them or their posterity tho blessings 01 so carefully conferred upon the whites of this class ever emigrated to tbe United States voluntarily They wore all articles of merchandise Tho number emancipated few as compared with they have over since resided Before the commencement of suit said Dr Emerson sold nnd conveyed the plaintiffs said Harriet Lizzie to the defendant as slaves nnd defendant claimed to hold each of them ns slaves At tbo time mentioned in tho plaintiff's declaration the defendant claiming to be owner as aforesaid Inid his hands upon said Harriet Eliza and Lizzie and imprisoned them doing in this respect however no more what he might fully do if they were of right his slaves at such times The Chief proceeded to examine the statement assuming that this part of the controversy presented two Firstly Was he Scott and all his ly free in Missouri and Secondly If not were they free by son of their removal to Rock Island Tho act of Congress on which the iff relies contains the clause slavery and involuntary servitude except for crime be forever prohibited in that part of the territory acquired by treaty from and not included within tho limits of tbe State of The difficulty which us nt tbe threshold is whether Congress is authorized to pass such a law under tho powers granted to it by the con- The plaintiff dwells much on the clause which gives Congress power to those who wore held in slavery and not the clause winch gives Congress power to sufficiently numerous to attract public n11 needful Jules and regulations re tention of n separate class and were the territory or other property of But this cd as a part of the slave population rather than free It cannot bo supposed that tbo States conferred citizenship upon them for all those States at that time established police regulations for tho security of themselves nnd families as well as of property In some minor cases there were different modes of trial and it could not bo supposed those States would hare formed or ed to a government which abolished this right nnd took from them tho safeguard to their own protection They have not tho right to bear appear at public meetings to discuss political tions or urge measures of reform which they might deom advisable They vote at elections nor servo as jurors nor as witnesses where whites are con- cerned These rights are secured in every State to white men It is impossible to the United But this provision hns no bearing on tho present controversy The power there given is confined to the territory which then belonged to the Uni ted States nnd can have no influence on which was acquired from foreign govern The justice then referred to the cessions of land by Virginia nnd other States ing the only object was to put an enJ to the existing nnd to enable Congress to dispose of the lands for the common benefit Undoubtedly the er of sovereignty and eminent domain was ceded in the act This proper to mako it essential There was then no ment in existence with enumerated powers What was called the States wero thirteen independent colonies which entered into confederation for mutual protection It was little more than ft Congress of f adore in which had a common concern the laws of the United Slates for tho pro lection of personal rights and property therein Whatever territory is acquired is for the common benefit of the people of the Uni- ted States which is but a trustee At tho time territory obtained it contained no population to be admitted a State aud it therefore became ry to hold possession of ii until settled and inhabited by community ble of self-government and for admission into Union But ns we before said it was acquired by the federal government ns tho representative and trustee of the people of United Suites acting through their nnd government held it for the com- mon benefit until it should become ted ns a member of the Until that time arrived it was edly necessary that some government be established to protect the inhabitants in their person end property The power to carries with it the power to pre- serve The form of government ly rests on the discretion of Congress It is their duty to establish tho best suited for the States that must de- pend upon the number of its inhabitants and the character nnd situation of the tory What government is the best must depend on the condition of the territory at the time to be continued until it shall be- come o But there can never be a mero discretionary power over persons and property These are plainly defined by the The constitution provides shall make no law respecting an establish ment of religion or prohibiting the free thereof or abridging the of speech or of the press or the right of the people peaceably to assemble nnd to petition tbe government for a redress of Thus tho rights of perty nro united with the personal rights and this extends to the Territories ns well as to the Slates authorize the Territories to do what it cannot do itself it confer on the Territories violate the the constitution It seems however that there is ed a difference between slaves other property The people in the tion of the Constitution delegated to the certain enumerated powers and forbade the exercise ot others Tr has no powers over persons or tional power rightfully to control her State or nation nnd jurisdiction her and her laws affect and bind aJl within her limits No Stato can affect or bind persons or property side of her The question is fully thai it belongs to the sovereign State of Missouri to determine question of slavery within her own sub- ject only to such as may found in the Constitution This ia the of the independent and sovereign character of the State It is equally applicable to tho belonging to the eracy It must be admitted thut possesses no to create or abolish in a Stoic snd if ses under the Constitution to abolish slavery in the Territories it must ly possess the power to it This he then proceeded to show that the question involved in the now bo- fore tho Court was one depending solely on the law of Missouri concluding with tha remark that the of the Court be- low should be affirmed Associate Justice also staled history of tho case and that if the Court has no power to decide tho question further than to dismiss it it had no right to its merits but he held that the Court hat jurisdiction to decide the meris of which he proceeded to It now too to question tlis power to ern the Territories ns incipient cutes an 1 fit them for admission The question was how far the power of Congress is as to the Northwest Territory ginia had tho right to abolish slavery there and did so by an in 1787 wilh the other states but this did not prevent new admitted with or without slavery Subsequently Carolina and Georgia ceded lands for the common benefit and Congress had no more to legislate slavery out of theae it had to legislate slavery iu the tory north of the Ohio There wts no er to legislate on slavery in either The inhabitants stood protected after at they did before the In Louisiana only lawful but WHS most valuable At the date of tha treaty the inhabitants were left free to their freedom and liberty and were to bo protected therein into tbe Union as a State Tho line of was an act of Congress cannot it not perform directly ar so'nthern cannot go to the Territories with it follows that a northern farmer or nic bring his of toil prohibit any species of lawful property throughout whon it was acquired so it could all descriptions of property The right legislate in tbe Territories depends on contract of His opinion that the third article of the treaty by which acquire 1 protected by one Constitution and cannot be by that tbo act of as the Missouri tha leading features of the Constitution on which the Union and which cures to common therefore held that the act WM void and concurred with his brother that tha plaintiff Scott is a slave and una wat
