The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-03-25

and the pursuit of happiness. That to
secure these rights governments are insti-
tuted among men, deriving their just pow
ers from the consent of the governed, {"
&c. The words before quoted would seem
to embrace the whole human family; and
| if used in a similar instrument at this day
would be SO understood. But it is too
clear for dispute that the enslaved African
race were not intended to be included, for,
in that case, the distinguished men who
framed the Declaration of Independence
would. be fagrantly against the princi-
piles which they asserted. They who
framed the Declaration of Independence
were men of. too much honor, education
and intelligence to say what they did not
believe; and they knew that in no part of
the civilized world were the negro race, by
common consent, admitted to the rights of
freemen, They spoke and acted accord
| ing to ,he practices, doctrines and usages
of the day. That unfortunate race was
supposed to be separate from the whites
and was never thought or spoken of ex-
cept as property. These opinions under
went no change when the constitution was
adopted. The preamble sets forth for
what purpose, and for whose benefit, it
was formed. 1t was formed by the peo-
| ple-such as had been members of the ori-
gipal StateS-and the great object was to
F" secure the blessings of liberty to our
selves and our posterity." 1t speaks in
general terms of citizens and people of
the United States when providing for the
powers granted, without defining what de-
scription of persons should be included
or who should be regarded as citizens.
But two clauses of the Constitution point
to the negro race as separate, and not re-
garded as citizens, for whom the Consti-
tuition was adopted. One clause reserves
the right to import slaves until 1907, and
in the second the States pledge themselves
one to another, to preserve the rights of
the master, and to deliver up slaves es-
Gaping to their respective territories. BY
the first clause the right to purchase and
hold this property is directly sanctioned
and authorized by the persons who framed
the constitution, for twenty years; and the
States pledged themselves to uphold the
right of the master as long as the gov
ernment then formed should endure. And
4 this shows conclusiFely that another de-
scription of persons were embraced in the
other provisions of the constitution.
These two clauses were not intended to
confer upon them or their posterity the
blessings of liberty SO carefully conferred
upon the whites. None of this class ever
emigrated to the United States voluntarily
They were all articles of merchandise
The number emancipated was few as com
pared with those who were held in slavery
and not sufficiently numerous to attract
public attention as a separate class, ant
were regarded as part of the slave pop
+ ulation rather than free
It cannot be supposed that the States
conferred citizenship upon them; for al
+ fithcse States at that time established po
lice regulations for the security of them
selves and families, as well as Of property
In some minor cases there were differen
Il
, I'posed that those States would have form
: ed OF consented to government whiel
abolished this right and took from then
the safeguards essential to their own pro
lection. They have not the right to bea
arms, and appear at public meetings t.
e discuss political questions, or urge meas
e ures Of reform which they might deem ad
y yisable. They cannot vote at elections
? nor serve as jurors, nor appear as witnes
= ses where whites are concerned. Thes
) rights are securedin every State to whit
0 men,. 1t is impossible to believe that tn
: men of the slaveholding States, who too
-tso large share in the formation of tn
: [constitution, could be so regardless. c
J. themselves and the safety of those VIII
d trusted and confded in them.
et Every law of naturalization confine
ii tcitizenship to ,chite persons. This is
}, marked separation from the blacks. Ur
u der the confederation every State had
II right to decide for itself, and the teri
t.free inhabitaEt," the formality of form
certainly excluded the African race. Law
+ were framed for the latter especially. Ur
u der the constitution the word "citizen"
+ substituted for "free inhabitant" Ate
/ further elaboration on the point, the Chi
N Justice said, from the best consideration
Is we have come to the conclusion that I'll
10 African race who came to this countr
d whether free or slave, were not intended
u be included in the constitution for tt
~ enjoyment of any personal rights or bel
n efts; and the two provisions which poi
u to them treat them as property, and nal
le it the duty of the government to prote
them as such. Hence, the court is
N opinion, from the facts stated in the plt
a. in abatemept, that Dred Scott is not ci
:: izen of Missouri, and is not, therefor
it entitled to sue in the United States court
S. = The following facts appear on the +
a. cord :-"In the year 1884 the plant
he was negro slave belonging to DR. Eme
a. Son, who was surgeon in the army of t
of United States. In that year q S34) sa
n, DR.. Emerson took the plaintiff from t