The only power
conferred is the power coupled with the duty of guarding and protecting
the owner in his rights.
"Upon these considerations, it is the opinion of the Court that the act
of Congress which prohibited a citizen from holding and owning property
of this kind, in the territory of the United States north of the line
therein mentioned, is not warranted by the Constitution, and is
therefore void; and that neither Dred Scott himself, nor any of his
family, were made free by being carried into this territory, even if
they had been carried there by the owner, with the intention of becoming
a permanent resident."
Mr. Davis: Here, then, Mr. President, I say the umpire selected as the
referee in the controversy has decided that neither the Congress nor its
agent, the territorial government, has the power to invade or impair the
right of property within the limits of a Territory. I will not inquire
whether it be technically a decision or not. It was obligatory on those
who selected the umpire and agreed to abide by the award.
It is well known to those who have been associated with me in the two
Houses of Congress that, from the commencement of the question, I have
been the determined opponent of what is called squatter sovereignty. I
never gave it countenance, and I am now least of all disposed to give it
quarter. In 1848 it made its appearance for good purposes. It was
ushered in by a great and good man.
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