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eTiaiisbille Sailj |oBinal * I Mine.'conseTUESDAY MORNING.............NOV.17. | Theyezce{Aft I.NIM.i.M DRED KCOTT CASK.The Stile lournal says Ibcro is a case , berore our Supreme Court involving the same points decided by the U. S. Su a^,u( preme Court in the famous Drcd Scott trial. Dr. Bowles, of Orange ««''ty. i,,nj wbo.se wife wm the ownerof seven slaves in KentucTcy, bioiighi his wife’s blacks Iinto this State, to be em,iloycd, as allegedby plaintiff, as laborers, but as the Lk)C-1 tor declares, to give them the benefit of a 1 j, j. mineral spring in the cure of a disease Iwith which they were all afilicted. Pro- .ceedincs werc commenceu tn tne Lom* .® , I on Umon PltJis Court of Ormng© igainst theDoctor, for bringinj* negroes into the Suto, contrary to the constitution and laws-. The Doctor defended on thetngcbeenpcrfihighpriciempretucapijustnoli*brarground that the negroes were slareH, and that he had a right, under ibe Dred Scott decision, to bring them into Indiamw This defence was overruled by theCourt of Common Pleas, and he was fined forty dollars From this judgment he appeals to the Supreme Court of In* diana. The decision of iho U. 8. I i^hui preme Court covers no such gnmnd as isaasuuied by Dr. Bowles in his defence.The opinion of the Court was that Con-1 ^gress had no power to pruhihit slaves being carried by their masters into a Ur-ritory; but it decided in the clearestterms, that the status—or condition—ofthe black dcpendeil upon the laws of the State in which be resided/’ and thereAjre Drcd Scott in going back to Missouri became what the laws of Missouri declared him to be. The dcci*iioQ Ientfencistr In twria cirecognises in the clearest manraer theright of the State to declare the status ofalt its inhabitAnts, and the moment aslave is brought into Uiis State as a resident, the laws of the State fix hU con-thewiloftbildition. The decision that Congress could *not prohibit slave owners carrying their property into the Territories beyond theMiasissippi,was becauae the clause givingCongress power to make all neeilful rules for the Territories, applied only to the Territory within the chartered limits *jof the United States at the adoptionof the constitution, and did not extend to the Territory acquired since. Under the present conHtitution, the United Slates cannot acquire territory to be governed as a colony at its will and pleasure ; it may hold territory, but iupower over it, is limited to the power it has over citiuns aud property in the States; and as it has no power over slavery in the Slates, it has no power over it in the Territories.This is the rea.soning of the Couit, whether correct or false; and iU decisiongives no sanction—if we understand it—to the idea that slaves can be broughtinto and retained in a free Slate. Thewhole authority to tolerate or abolish slavery is admitted to be in ibo State governments. The dilTercnce in the decision of the Court and ihe old doctrine, is in the construction of the Territorial clause of tlie constitution, by which iU operation is applied to the limiu of the old Stales, and not to prospective acquisi-tiona of territory. The Orange county case will make but a poor showing bo-fore our Court, for there is no conflictbetween our constitution and the decision of the U. S. Court, as is alleged.pulUllpiliruchipciUclpciof■oc4UImiwcfoilforinfaWHrb;ibitbelt;»tuLaMUpcipr«mUgr.tiifluiilofofeucliW'
Newspaper Details
Evansville Daily Journal
Evansville, Indiana, US
Tue, Nov 17, 1857
Page 2
Full Page
Clipped by
Kim A.
UT, USA 23 Aug 2018
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