Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-03-21

the Mississippi river, III the territory known
as Upper Louisiana, acquired by the United
States of France, and situated north of the
latitude Of SO deg, 80 min. north and north
of the State of Missouri. Said DR. Emer-
son held the plaintiff in slavery at Fort
Smelling until the year 1888.
I'm the year 1886, Harriet, (who is
named in the second count Of the plaintiff S
declaration, } was the slave of Major Talia-
ferro, who belonged to the army of the
United States. In that year, (1S35 said
Major Taliaferro took said Harriet to Fort
Smelling, a military post situated as herein
before stated, and kept her there as slave
until the year 1886, and then sold and de-
lveroa her as slave at Fort Smelling unto
said DR.. Emerson, herein before named
and said DR.. Emerson held said Harriet in
slavery at Fort Smelling until the year 1858.
e.in the year 1886 the plaintiff and said
Harriet, at said Fort Smelling, with the con-
sent of said DR.. Emerson, who then claimed
to be their master and owner, intermarried
and took each other for husband and wife
Eliza and Lizzie, named in the third count
Of the plaintiff declaration, are the fruit of
that marriage. Eliza is about fourteen years
old, and was born on board the steamer
Gipsey, north Of the north line of the State
of Missouri, and upon the Mississippi river.
Lizzie is about seven years cid, and was
born in the State of Missouri, at the Mill
tary post called Jefferson Barracks.
''ln the year 1888 said Dr. Emerson re-
moved the plaintiff and said Harriet and
their said daughter Eliza from said Fort
Smelling to the State Of Missouri, where
they have ever since resided.
Before the commencement Of this suit
said DR. Emerson sold and conveyed the
plaintiff, said Harriet, Eliza aud Lizzie to
the defendant as slaves, and the defendant
claimed to hold each Of them as slaves.
''At the time mentioned in the plaintiff ;
declaration, the defendant, claiming to be
owner as aforesaid, laid his hands upon said
plaintiff Harriet, Eliza and Lizzie, and i'm
prsoned them; doing, in this respect, how
ever, no more than what he might lawfully
do if they were Of right bis slaves at such
times.
The Ciief-Justice proceeded to examine
the statement, assuming that this part 81
the controversy presented two questions;
Firstly Was he (SeotD and all his family
FRO in N;ssa,,t;a All
Seconily Tfnot ,rare ,i,er f.oa lv ran.
SON of tbe;r ro,aoyal 70 Roct island I'M Y
Tba acf or ronoress IN which fba ,la;ntif
relies contains the clause that slavery anc
involuntary servitude, except fer crime
shall be forever prohibited in that part o.
the territory acquired by treaty from Louis
lima and not ;n.l,,dod r;.bin tba I;,;,s ..
,Lo st.ta IF In,,;.,;;ana III, d;n;cnlt, ,vI,;cl
,noof ne ,t tbe tb,eshald Is wbatbc, con.
cress is outhor;zad 70 mss srcb a law pndr,
tbc movers Granted N i bv tte constitution 2
The plaintiff dwells much on the clause which
ciyes Conorcss noper .,to make woody rrloe
and reaulations resneet;no the TERRITORY or
other nronertv Of the lrn;tod St.tesm Dut
this provision Ias no hearinp on the present
controversy. The nower there aiyen is con-
fined IN the territory which then belonaed
to the Tinted States and can have no IN
fuenee on territory Which was ocou;red from,
foreign governments. The Justice then r..
ferred to the ccssions eff land BY Virginia
and other States, saying the only object wa:
to put an end to existing controversies, and
to enable Congress to dispose Of the lands
for the common benefit. Undoubtedly the
power of sovereignty and eminent domain
was coded in the act. This was proper t.
make it essential. There was then no govern
ment in existence with enumerated powers.
What was called the States were thirteen
independent colonies which entered into con-
federation for mutual protection. It was
little more than a congress Of ambassadors,
in which all had common concern. 1t was
this congress which accepted the cession from
Virginia. They had no right to do so I'M
der the articles Of the confederation, but
they had right as independent powers to
accept the land for the common benefit; and
it is equally clear, having no superior to con-
troll them, they had right to exercise abso-
lutte dominion, subject only to the restric-
tons which Virginia imposed The ordi-
nance of 1877 was adopted, by which the
territory should be governed, and among
other provisions, was one that slavery or IN
voluntary servitude should be prohibited ex-
eept for crime.
This wos iha s,,,c of tI,;c.s whom the oo,.
et;t,,t;on ,vas f,rmod NJ t,.~, ;tors, oodod
bn V;ro;,;a hsiar naa - tba so,.a.ai oo,, s,ll
crate Stat as common nv n ngei5, rbo
States ,raro shout 70 d;ssoi,.dp the aanesl,'ra
t;on and s,,rra,'dor aert;on OF % .lo;,
for tbo format.o,E If new s noTorn,annl ' and
tbe lana4,aas usod Iim;toJ srd "nnn;gad + tLo
nh;oots T. 6e ocoomnrs5c1 l. - ;e,s