Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-03-16

Dsotoe 'ticu PtOflilng Tor the powers granted,
without defining what description of persons should
be included, who should be regarded as citizens.
But two clauses of the Constitution point to the
gro race as separate, and not regarded as citizens,
Tor whom the Constitution adopted. One
clause reserves the right TO import slaves until lSos
and in the second the States pledge themselves,
one to another, to preserve the rights Of the mas
ter, and to deliver up slaves escaping to their
pective Territories. By the first clause the right
TO purchase and hold this property is directly sane
toned and authorized by the persons who framed
the Constitution, for swenty years; and the
States pledged themselves 10 uphold the right OF /
the master as long as the Government then formed
should endure. And this shows conclusivey that
another description Of persons were embraced IN
the other provisions of the Constitution. These
two clauses were not intended to confer upon them
or their posterty the blessings of liberty go cares
fully conferred upon the whites None OF this clss-
ever eugrated to the United States voluntarily.
They were all articles of merchandise. The num-
Der emancipated was few as compared with those
who were held in slavery, and not sufficiently nu-
merous to attract public attention as separate
class, and were regarded part of the slave poFs
ulation, rather than free.
Il cannot be supposed that the States conferred
citizenship upon them; for all those States at that
time established police regulations for the security
of themselves and families, well as OF property.
of trial, and it could not be supposed that those
States would have formed or consented to q Gov
eminent which abolished this right, and took from
them the safeguards essential to their own protec
ton. They have not the right to bear arms, and
appear at public meetings to discuss political ques
TONS or to urge measures ofreform which they might
deem advisable. They cannot vote at elections,
serve as Jurors, nor appear as witnesses where
whites are concerned. These rights are secured
in avarv State N uhika men IL il imDOeSible
to believe that the men of the slaVeholding
States, who took so large share in the formation
of the Constitution, could be regardless OF them
selves and the safety Of those who trusted and con-
fded in them.
Every Law of naturalization confines citizenship
to white persons. This is marked separation from
the blacks. Under the Confederation, every State
had right to decide for ITSELF and the term ''free
inhabtsnt," the formalty of form, certainly exclu-
ded the African race. Laws were framed for the
latter especially Under the Constitution the word
"citizen" is substituted for "lree inhabitant. Al
ter further elaboration on this point the Chief JUS
tice said from the best consideration, we have
come to the conclusion, that the African race who
came to this country, whether free or slave, were
not intended to be included in the Constitution for
the enjoyment of any personal rights or benefits !;
and the two provisions which point to them treat
them as property, and make it the duty fthe Gov
eminent 10 protect them as such. Hence, the
Court is of opinion, from the facts stated in the
plea in abatement, that bred Scott is not citizen
of Missouri and is not therefore, entitled to sue in
the United States Courts.
The following facts appear on the record: 'ln
the year 1884, the plaintiff was a negro slave be-
longing to DR.. Emerson, who was surgeon in the
ermy of the United States. In that year (lS34,)
said DR.. Emerson took the plaintiff from the State
Of Missouri to the military post at Rock Island, IN
the State of Illinois, and held him there as slave
until the month Of April, 1886. At the time last
mentioned, said DIR. Emerson removed the plaintiff
from sal military post at Rock Island to the militia
~ post at Fort Smelling situated on the west bank
Of the Mississippi river, in the territory known as
Upper Louisiana, acquired by the United States of
France, and situated north of the latitude of 36deg
80 min. North, and north of the State of Missouri
Said DR.. Emerson held the plaintiff in slavery at
Fort Smelling until the year 1888.
"In the year 1885, Harriet, who is named 10 the
second count of the plaintiffs deesration,) was the
slIve of Major Taliaferro who belonged to the ar
my OF the United States In that year, 1856 said
Taliaferro took said Harriet to said Fort Smelling,
military post situated as hereinbefore stated, and
kept her there as a slave until the year 1886, and
then sold and delivered her slave at Fort SMELL
ing unto ssid DR.. Emerson, hereinbefore named and
said DR.. Emerson held said Harriet in slavery at
said Fort Smelling until the year 1888.
ain the year 1885, the plaintiff and said Harriet,
at said Fort Smelling, with the consent of said DR..
EMERSON who then claimed to be their master and
owner, intermarried and took each other for hue
band and wife. Eliza aud Lizzie, named in the
third count of the plaintiffs declaration, are the fruit
OF that marrage-Eza is about fourteen years old,
and was born on board the steamboat Gipsey, north
of the north Sine of the State of Missouri and upon
the Mississippi river; Lizzie is about seven years
old, and was born ia the State of Missouri, at the
military pest called Jefferson barracks.
ain the year 1888, said DR.. Emerson removed
the plaintiff and said Harriet, and their said daugh
ter Eliza, from said Fort Smelling to the State of
] Missouri, where they have ever since resided.
"BefCre the commencement Of this suit, said Dr..
| Emerson sold and conveyed the plaintiff, said Har-
riet, Eliza and Lizzie, to the defendant as slaves,
aud the defendant claimed to hold each of them as
slaves.
AT the times mentioned in the plaintiffs decla-
ration the defendant claiming TO be owner as afore
said laid his hands upon said plaintiff, Harriet, Eli
"a and Lizzie, and imprisoned them; doing 10 this
respect, however, no more than what he might Law
fully do If they were of right his slaves at such
| times.
The Chief Justice proceeded to examine the state.
ment assuming that this part of the controversy
presented two questions ttatD
lst Was he (ScoIt) and all his family free in Mis-
| souri, and i-- A-
2d. Ifnot, we're they free by reason of their re-
movaI to Rock Island, Illinois
The act OF Congress on which the pl4intif relies
contain the clause that Slavery and involuntary
visude except Tor crime, shsl be forever prohibit
ed in that part Of the Territory acquired by treaty
from Louisians, and Dot included within the limits
Of the State OF Louisiana. The difficulty which meets
us at the threshold TO- whether Congress is author
lied TO pass such lew under the powers granted &c
| il by the Constitution The plaintiff dwells much
on the clause which gives Congress power ITO make
all neediul rules and regulations respecting the Ter
rtory or other property Of the United States -
But this provision has no bearing on the present
controversy. The power there given is confined q
the Territories which then belonged TO the Unite
States and can have no influence on Territory which
was acquired from foreign Government. The Jus
tcs then referred 10 the cessions Of land by Virgin
Ia and other States, saying che only object wss q
put en- end 70 existing controversial and TO enable
| Congress to dispose Of the lands for the common
| benefit Undoubtedly the power of sovereignty
and eminent domsin ceded in the act This wai
| proper 10 make it essential. There was then nc
Government in existence with enumerated powers
What was called the United States, were thirteen
independent colonies which entered into eonfsosrs
ton Tor mutual protection. /, was little more than
a Congress Of Ambassadors, 10 which all bad com
mon concern. Il was this Congress which accept
ed the cession from Virginia. They had no righ
i 10 do so under the articles Of the Confederation
but they hkd right as independent powers 70 &C
| cent the land for the common benefit; and Il /.
equally rlezr, having no superior TO control them,
tsey had right 20 exercise absolute dominion sub
ieet only TO she restrictions which Virginia impo
sed. The ordinance Of 1887 was adopted by which
the territory should be governed, and among oth-
er provi-ions was one that slavery srinvoluntsry
servitude should be prohibited except for crime.
This vas the state Of things when the Consttu
| lion was formed. The territory ceded by Viz
ginia belonged 70 the sgYerhl confederate States n
l com.non properly. Tue States were about TO dis.
solve the COnleJersry and surrender portion o.
their no ger Tor the for,natOn Of new government
apd The language used limited and specified she
A.. A. = a.-coronfishp4 Ia Was obVioua thai