Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1857-03-25

nature and OF natures God entities them,
respect to the opinions of mankind requires
that they should deolare the causes whicl
impel them to the separation;' and then pro
ceeds: 1--WE hold these truths to he sclf-cyiden
that all men are created equal that they arr
endowed by their Creator with certain inaliena
bic rights; that among these are life, liberty
and the pursuit of happiness. That to secure
these rig gbts, Governments are instituted anon,
men, deriving their just powers from the con
sent of the governed, Nc" The words before
quoted would seem tosembrace the whole hu
man family and if used in similar instrument
at this day would be So understood. But it j,
too clear for dispute that the enslaveG African
race were not intenleE to be included, for in
that case the distinguished men who framed the
DECLARATION of independence, would be fragrant
lyasafilst the principles which they asserted
They who framed the Declaration of Indepen
dencc were men of too.nuch honor, education
and intelligence, to saYswhat they did not be.
lieve; and they knew that in no part of the
civilized world were ths negro race by common
consent, admitted to ahc rights of lrccmcn
They spoke and acted according to the practices
and usages Of the days That unfortunate race
was supposed to be separate from the whites
and was never thought0r spoken of except as
property. These opinions underwent no change
when the Constitution was adopted. The pre-.
amLc sets forth for what purpose, and for whose
benefit it was formed!+7lt was formed by the
pcople-such as hadsbcen members of the olrgi-
nal Statcs-and the great object TO secure the
blessings of liberty to oArsclyes and rpo,tcri-
ty." 1t speaks in general terms Of citizens and
people of the United States when providing for
the powers granted, without defining what dc-
scriplon Of persons should be included, or who
should be regarded as citizens. But two cla,l-
scs Of the Constitution point to the Tcgro race
as separate, anil not regarded as citizens, for
whom the Constitution WIS adopted. One
clause reserves the right TO import slaves until
1908, and in the sccondsthe States pledge them
selves one to another, topre5crye the rights OF
the master, and to deliver up slaves escaping to
their respective territories. BY the first clause
the right to purchase and hold this property is
directly sanctioned and authorized by tie Per
sons who framed the Constitution, for twenty
years; and the Statcs1plcdscd themselves to
uphold the right of the master us long as tile
government, then formed. should endure I. And
Of PERSONS were embraced in the other prov
ison of the Constitution. Thee two clauses
were not intended to confer upon them or their
postcrity the blessings ufliberty, 50 carefully
conferred upon the whles. Nome of this class
ever emigratrd 10 the Unified States voluntarily.
They were ail articles ,of merchandise. The
number cmanciTatcd was few as compared with
those who were held il saasery, and not snili-
GENTLY numerous To attract pLGlic attention. as
Il separate class. and were regarded lis Il part OF
tie slave population, rather than free.
II canno; be supposed that the State confer
red citizenship ulon them; for all those States
at that time established police regulations for
the security Of themselves and families, rs well
us 0I property. In some minor cases. there
wc:c different mOtcs Of trial and it coall not
be supposed That those States would have form
r, or consented toa Government which abolished
Ills right, anti took from them the safeguards
essential 10 their own protection. They have
no; the rght 10 bear aiT>. AMI appear ii public
meetings to discuss political questions or ul"c
measures Of reform wlic! they might deem All
vSablc. They cannot vote at elections. nor
serve as jurors, nor appear as witnesses where
whites are cUccIr,!. These rights are Sec;!lcIl
in every State TO willie men. 1t is iInlnS>iblc
to believe that the ncn uf the slavrhultlin%
States who took large Il share iii the urina-
ton Of the Constitution, cuall he So regardless
Of themselves and tn, safety Of those WHO trust
Il, and cnali'lc,l in them.
Every law Of naturalization confines ctize:i-
ship to whiie persons This Is Il market sclG,r;-
ton from the blacks. Under the Confederation,
every State had :ight 10 decide iur Itself, ami
the term free inhabitants: tic turina!ity OF
form. certainly excluded Tic African r;cr. Laws
were framed for tic latter especially. lmIer
the Constitution the word "c!tizcn' is sub III
tute;i for free ailabiiani." After further claln-
ration On this point t!c Chief Justice sal,
from the best consideration we have como to
the conclusion that the African race who came
to this country. whether free Or slave: were not
intended to he included! iii the Constitution lor
the enjoyment Of any personal rights or bcne-
fits and the two provisions which point to
them, treat them as property, and make It the
duty Of the Government to protect them as
SUCH Hence, the Court is Of opinion, from the
facts stated in the plea III abatement, that Drcd
Scott is not q citizen of Missouri, and is not.
therefore, entitled to sue in tic United States
Courts.
The following Facts appear on the record
sin the wear 1881, the plaintiff was Il negro
slave belonging to Dir. Emerson, who WAS Il
, surgeon in the army Of tic United States In
that year (S3D said Dr. Emerson took the
plaintiff from the State of Missouri to the Mill
tary post at Rock island, in the State OF H.
nois. and held him there as slave until the
| month of April, lS3G. At the time last men
toned, said DR.. Emerson removed the plaintiff
from Sar military post at Rock Island, t" the
mill ary post at Fort Smelling, situated on the
west bank of the Mississippi river, i'll the terri
tory known as Upper Louisiana, acquired ny
Ithe United States Of France, and situated on
the north of the latitude of Sc dogs 80 Minis
north, and north Of the State OF Missouri SaI'l
Dr. Emerson held the plaintiff in slavery at
Fort Smelling until the year 1898.
"In the year 1885, Harriet, (who is named
in the second count OF the plantiii'S dcc!araton)
was the slave of Major Talialcrro, who belonged
to the army OF the United States, i'll that year
QS35) said Major Taliaierro took said Harriet
i; to said Fort Smelling, military post situated
as herein before stated, and kept her there as a
slave until the year 1896, and then sold and de,
liycrcl her as a slave at Fort Smelling unto said
DR.. Emerson herein before named; and SAID
DR.. Emerson held said Harriet in slavery at said
Fort Smelling until the year 1898.
"In the wear 1886, the plaintiff and said llar-
riet, at said Fort Smelling, with the consent o
said DR.. Emerson, who then claimed to be their
master and owner, intermarried ami took each
other for husband and wife. Eliza and L'zMe
named in the third count of the PLAINTIFFS de,
claraton are the fruits Of that marriage Eliza
is about fourteen years old, and was born or or
board the steamboat Gipscy, north OF the nortl
line of the State of Missouri, and upon the MIS-
sissippi river; Lizzie is about seven years old
onl yros horn in the State of Missouri, at the