Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1856-12-19

- HOObStSFS auS E1uShhuS
tulional authority 10 abolish slavery. and
TO prohibit ihe r ,man Catholic religion in
Territories generally. it yet has not the
legal power to do so in any part of that
vas territory acquired from France in
1908. and which is known By the name
OF Upper and Lower Louisiana. and
which extended from the Gulf of Mexico
to the British possessions, in latitude 10
deg. north.
Louisiana had been settled by French
and Roman Catholics. Their property
consisted principally in lands and negro
slaves. The slaves were sent to LouIsi.
ana under the direct authority of the
King Of France; the colonists were re-
quired by legal regulations 10 pay a FIX d
price for the slaves at certain specified
dates. ee DilIun's Historical Notes on
Indiana p. 40
In March. 1924. Louis XIV. by edict.
confirmed The previous establishment of
slavery in Louisiana, and promulgated q
code tor its regulation. This ediet not only
declared slaves .property." but also pro
"Ided for their transfer and inheritance.
aud went SO 'ar as TO forbid their being Sc.
free except in way painted out. Bu,
| r
Tor It's length. the edic.. or statute. would
be published with this. as concl .siye
proof that slaves were. by law. .' proper
~" in Louisiana !; and as such. transfer.
able ard inheritable. The edict can be
found in Dillon's Historical Notes on In
diana. p 46. and is we'll worth consulting
by all who wish accurate intorma ion up,
on this subject. The legal right OF hold.
ing slaves was secured in all the treaties
OF cession from France to Spain. from
Spain to France, al from France to the
United States. Under the old French
laws. promulgated more than fifty years
before the Declarari"n Of independence.
under the civil law. and under the
common law. the Inhabitants Of Louis
siana own and possess their slaves as
property" What northern State can
show positive law giving its Inhabitants
authority To hold, as =; property" either
that which they call personal or real pro.
Perty :? Generally. they hold their lands.
and their animals. aud Their agricultural
implt ments. their tonls. their wearing ap.
parel. DC, and their household goods. by
virtue Of the common or unwritlen law,
and not by the written or statute law
their slaves not only bS immemorial usage.
which is what We call the common law"
but also by written" law. now more
than one hundred and thirty years old
Slaves were held and treated az proper.
ty" in Louisiana. both in fact and in
theory. By the written aud by the un>
written law.
In transferring Roman Catholic coun-
try To II I'ro'estanL one. the frst consul
(Napoleon) thought i. his duty to stipu.
late, 10 express terms, that tie inhabitants
Of the ceded territory should be e, ro:ect
ed in the Tree enjoy ment Of the religion
which they profess" and he therefore 40
stipulated He did the same thing for
their property" and Tor their liberty
Their liberty" related more. probably.
to certain privileges aud immuuiIies.
which had gradually come TO be consil>
cred rights. or .'liherlies." than to any
thing else; for OF both civil aud religious
liberty lin the American sense they
probably had not much. But whether
much or little, or in whatever II consisted.
their Liberty" was guaranteed protection;
and it is not TO be doubted. that the Am.
rrican ledge to protect their "Iiberty"
has been honorably kept. Instead OF
lessening We have enlarged their political
and religious liberty. With this excep-
tiOn. 10 so lar as we have deprived them
OF. or injured. their property rights. We
have trampled upon their ''lrberty," or
right to enjoy their property as fully aud
freely as they did under Napoleon
Their property. which Napoleon required
the United States TO expressly covenant
that they would I" maintain and protect"
in the Tree enjoyment Of. consisted mostly
10 lands and slaves "The reli4 4iun which
they profess was to be .'maintained end
protected" by the Government Of the
United States against all asssilanls-ihe
religion WAS Roman Catholic.
The following is the whole article. as
agreed upon by France and the United
S ates. and signed by Napoleon and JEFF
| feIson:
"ARr. 3. The inhabitants Of the ceded
territory shall be Incorporated in tn. Un
ion Of The United States. and admitted as
soon rs possible. according 10 tue prnCi,
plies Of the Federal Constitution. to the
eDjoymenLs Of all the rights. advantages
and immuLiIies. Of citizens Of the United
States; and. in the mean time. they shall
be Ina'nIsined aud projected 10 the free
enjoy meut OF their liberty. property. and
th. religion which they profess. - Uriteoi
Suites Statutes 1t urge. vol. 8, p 9O2.
In reading this important article Of that
celebrated treaty. il is to be borne in
mind that treaty is the supreme Law OI
the land" and is ss binding on Congress
as the Con, titution itself. In reading The
article. We perceive THAT this nation has
solemnly sIipulate d that e the inhabitants
Of The crded territory shall be iDcoTpOrA
ted in the Union Of The U"ited States,
and admitted as soon as possible. seeor'