The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-04-24

Africans Lan neen iu VIC
Ascordcrs Court Of this city, for stealing ot o. poultry
Lew Nxniee Alexander Pierce, John Taylor John VII
Aras aud Alfred Nicholson Yesterday m1hng the ccun-
81 Cor te pSasrers ondeavored 70 obtain uer rocGse
m custody on ground that under the recent decision
u DE Supreme Court IN the famous bred ScGs case they
merely clate or merchandise sad nos persons as
slpsed n te Indictment TIE following p'ea IN aoascmort
vas hsed;--
x,corpyn's CouRr op TIE CRY OF cBIcAeO--APRlL
Alexander Pierce John Williams, John Taylor, Afford
Nshckon, me fsspe Of the State of ninoisIndict
0cna Sr hrceny-
enormously indicted as persons, IN their OVID proper DO
s and having heard the said Indictment read that
sAe assya named Recorders Court ought take
sspuzanoe OF the alleged crime in The said indictment
shove specified because protesting W as such bodies they
have right TO prcsest that they are not guilty Of the
same not being in any manner recognised known by
70 the constitution Of the United States Of America,
o. sf the constitution and laws OF the State Of Illinois as
And nevertheless for plea 10 this behalf the ssio bos'-s
90 Aforesaid orroneousy indicted and compelled u
Asswer, say that caus. Of compliant over accruod "
The people Of the State against Them for this 70 wit that
shs said bodies, Aforesaid indicted, are not ers-i5
sspaoe OF committing crime ana OF oe,ng u,sa u'reor
h ih,s Court but are articles OF merchandise ana mere
property by bs supreme law OF tho land because uey
cay shss they are negroes of African descent her an
<sloys pure African blood and we're brorgh; into
,sas country and sold as negro sayes.H
Therefore they pray JUDGMENT i sy tSnrs now here
said, aAd tbstby TIE Curt here they may be dismissed
md discharged.
ppm The opening Of the Court IN the afternoon tho
sssscs Attorney, Crlos, Haven, ESQ hia tho following
1amarreI " TIC plea which MAS ,cAcd BY the defend
M people Of the s,sto Of Illinois vs. Alex psyco Jotn
wtarns John Taylor aud Afford Nicholson. Recorders
ssayt a the Gty-1 Chicago, April Term, 1857 Indict-
And now comes Carlos Haven States Attorney for the
Dssple.n s behalf and the said plea OF the above
named def ants by them pleaded and above set tort
sah that said plea and the matters therein contained
h and form the same are above pleaded aud
forth, not sufficient in law 10 Gust the said Court %
trisdcison or preclude the said people from prosecuting
- said indictment against the above named DEFENDANTS
sed thai he, the said Carlos Haven STATE orbey Is nor
Bound by the law Of the land % answer the same, aud
IA he the states Attorney ready 10 verify, wherefore
~ want Of sufcicn. plea IN this behalf the state Al
spvney or the people pT6ys Judgment and that The deend
a.ss Alexander Pierce, John Williams John Ty lor and
Asord Nicholson may be convicted of the premises above
charged upor them in the said Indictment
y CARLOS HAVEN, States Attorney
n svprSt Of The demurrer, the states Attorney urged
MAI, although defendants really and bona fle
stsy. and subject " rendition 20 masters, sill hoy
aDc tried and punished under local state
AWE for fsonies committed by them within tie State.
Mr. Thompson, for tho pouers then presented tho FOL
k~mg in support u the Plea
n accordance with the rulo la'd down by hrs Honor,
Judge lscu o; th.s Court, That issues upon demurrer
not 70 be argued ana tat The counsel Tor the parties
required 70 submit the rnts upon which they rely in
writing herewith submit 20 ul,s honorable Court the
prepared in the half hour allowed me) why the
pka IN abatement hsd IN this should b. sustained
sad lhs demurrer gverTuled.
l. II ~ admitted by the prosecuting Attorney thai the
Supreme Court Of tho untcd states have made The de
stdsn abstract Of which Is herewith submitted
hied which decision In behalf OF the Court made
~ Chei Justice fancy, ana IL claimed by the defend
snh that HORSEPOWER much such decision may be opposed
~ the opinions ideas Of tho people q; this country,
~ she Judge OF this Court individual yet that such
sptn,cn ~ the established law VI the land and his
AsHor the Judge or Court, rs Judicial capacity
nj al liberty 90 cisohey It, but = aud must be bound
shefeby.
Ne facts therein stated that the defendants cla.
8 The pax, 10 the Jurisdiction in tbs case nlet
.nd to which the prosecuting attorney has doInurred,
pssens clearly ana specifically question of icio Wit:
Pat the supp0sc dsrDfanis are hot persons but chat
aes and consequently ncapaeic Of committing crime;
ana incapable % basig incarceraed therefor. ciiaei
cannot commit crn,e-an article - ni,rchASbse cannot
D. and within the meaning % the law Do Iunshcd aud
Nat Afrrcans The descendants o. slave; bought and
~oid, Gre held b. caels and rprrchand1e, wish 81
quote som the decision above nlliei'--
they who recognised as citizens u ttc Stai@s,
ae<rsd their ndrprdcno ci Great Britain and defended
by force Of arms. Another class Of persons, Who
Aae beSn imported slaves Their dslsndants wer.
nsi recognised inended he included N that
yaele ,TsiIumon,-a,e Declaration Of Independence
ait dircult al this day to realise the state Of pubac
opinion respecting that uniorgnate class with tie civilized
enlightened portion Of the world al the time oi the
psolrai,ou Of Icp.ndonce abd The adoption Of
.rsujon but history shows they have, for more tran
seulrary been regarded beings Of AZ inferior order,
and unr, assoat's for The White race 'her socially or
pchbcsy and had no rights which white men were
kouDd 10 respect; and the black man might be reduced 10
shycry, bought and solo sa ucatod a. al ordinary ar
SCI Of merchandise.
Again the lsf justice said, from tho hes; oonsidera-
neo have W the conclusion that the African
yeee who 20 ths o0antry Whether FREQ or slave,
not niende " Do Lcuaca IN IL. cetu1uon Tor the
enc, OF any personal right ga benefits; and the two
ssyh IONS Which point 10 them treat them - property,
and make c duty ~ thc government to protect them
guch Hence The Court " " ui.Eon, from the facts
,ss,ed in the pc Of sbat ncnl iat bred SOFT Is not
s1.cn Of Missouri and J. n" therefore, cuscl 10 so IA
shs United STATE -osrts."
= The bred SCOT, cls. the opinion aun0gDo'ri by
gif Isi-ce ami wa ,-inscn @ahl he TIE precedent,
e0p-c y d."- ia, NJ dstn0 lion sAl.t between slave
Epd ccsccnGanis a lalr- and .th,r property.
III seem, however that there !, gEO-ed a. De die
between lave aud Other prOporty The peup.c "A
see los n~ssa oi Tia coI-iuto1 delegated ~ tbe general
~eTnmen' certain cuuucra'ei pu~cf- and Forbade rse
u..f..F Il has nasaN fvn
ycyty ctzsrs exrsld those enumerated IN The coTitu
tn II the constitution recognise, u4c RICH, of master
saher property, tribunal acting uncr authority 81 tho
Unacd states csn draw tuch distinction and deny The
pye, ons and gusran,rs occurred against Che ,bchrosh
soent Of the government"
D. by various dec.-oAs o. ON cgun!ry and 10 tbs
tie The Constitution q n4nos j. made limit Of power
end Dots grant, The fi5 states constitution beng grant
power Nov 81 SIC rfsscf States ltlon ss
etAred D. African racc broughi - It's c.fy slaves
tsor Dorr oltcrs were hro-slJ were I1oriy and
stsan.abc cs-,-, thcb Tn c" tutou l,W. Of -a,s
cannot change tii csrt"f such stste ci-iuuou being
hmit Of power. aDt tic si.c laws h'-ne aclil1assi
tAsreoasor tac.r NaAgy add ia, "a Wat ~ at ~
tsAcd SaIs - dee-sr'-- t'-m Nc quo again from IT,
pTsd Scott c.se,--
Gas 20 have alrea,y sad sac right q ptoper,y N
.a~F rAnpscsly css.frfe-. o. cfstt-on AND g,ssr
snsed As.eT, Saie Ts ), o. iarypsge g., plain ~ -
-ssupa-r-b,yt and words c.n Dc fouai "a be cCng
tIon ri, a C1ngrcs greater ppacl yvc save. dan tssr
rny oslfr ssscrf,eu o. w.PGi!"
therein msutOned ts-ici within Die bfriirry - 10
sasis % nLns., sut Cat one or cs. a he chdrsn q
ct the Cgurt spree ~ hold l.on citizen. 81
B-ocs DOR II M.sosr q tie United STATE. n.o caiy
susSasbts reason for Nh.ci. from Le ian TIA, ug
propsr1 aud ciailsis sna nd g-rsyn- sce ass4n me
H~~d scott cass3--
All therefore the uisIao - IT, Cclt thlt ,sc a
1@srees which prohibts citizens from ho.ig properly
81 abs character nJth ~ certain Le MOI warranted
on ifsa Constitution, ali therefore VOID, and neither
psed Scott any o! Ia family we're made free b. i.r
ses-depee IN llnos The plAL1 not ct4ob u lbs-
ss1s bsi si. Save. and tScrsose bad rSh "a
m court ci the Jn.uSi sis..s
q Our 10 re~spr-. nff
chases. N. oou7 ctnnst -eg.oDcs oasd,i--nof pro
yeysy The warden O. he State prou csnnu,, ard obey
els mspsas, AiTs.n Save DESCENDANT, te
p0has bot cnAsi@l a. prvTsrzy, into o'a1ody II =
1xsasl commits wrong 30. hc shovl4 be punished a.
<nss1s and Dot ~ Tbs FOX Ma, stcat ,r0psry
~sapct se Indicted AID p-A-ssce usan, bat must "
Vn2sbed ~ fox
IN wessntng bes1 po.nl. do 80, " duty bound, ..
ef NE assigned cosnse Of Lsse Africans aud b v
pxrScnslV differing from ts decision Of tic Ch.ef Ji-
u the Urited Stats supreme Court az suc be MS cf.n
~, and that " admitted by "a. yroeecGGng attorney. }
YEA, 1kwycT, clam my duty, ttss. the decision