Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1857-03-26

Throughout the continent of Europe,
without exception, it has been held that
slavery can exist only in territory where it
has been established, and beyond that the
master cannot sustain himself save by some
express stipulation. There is no nation in
Europe which considers itself bound to re-
turn the master his fugitive slave, under the
civil law or the laws of nations. The slave
is held to be free where there is no treaty,
obligations or contract to return to his mas
ter. In the case Of Prigg against the State
of Pennsylvania. the state of slavery is
deemed TO be mere municipal regulation,
founded and limited to the range of the State
which enacts it. This was the decision in
the case of Somerset, in Ensl land, which
was decided before the American Reyolu-
ton, Congress has no power to Interfere
with slavery in the States, or to regulate
what Is commonly called the siave-irade
among the several States. We know that
James Madison-that great and good man
was particular 10 regard slaves escaping
from service or labor as persons" and not
as property. While he Judge McLean)
agreed that this government was not made
for the colored race, yet many of them in
the New England States exercise the right
Of suffrage when the Constitution was adopt
ed and it was not doubted that its tenden-
cy would be 10 amelorate the c1nGition OF
that race. Many of the States took nea-
sures to abolish slavery and it is we'll
known TACT that the belief was cherished by
leading men, both OF the South and the
North, that the institution of slavery would
gradually decline, until it should become ex-
tinct.
All slavery has its origin against natural
right.
If in making the necessary rules and reg
uiatiOns respecting the public lands, terri
totial or temporary government is requisite,
Congress has the power to establish it. The
power TO acquire carries with it the power
to govern. Congress can exercise DO power
prohibited by the constitution, nor has it
power to regulate the internal concerns oI
the State. If Congress deem slaves or free
persons OF color injurious to a territory, il
has the power to prohibi them from becom-
ing settlers therein. Where territoria
government has been established on slave
territory, it has uniformly remained in thai
condition SO when the territory was free
and this was attended with satisfactory re-
suits. The sovereignty Of the federal gov
ernmen. extends to all territory OF the Uni
ted States. five have the right TO acquire
territory, we have the right to govern it
and this has always been exercised. The
constitution Was framed for the whole coun
try, and the Prohibition of slavery north o.
SO. 80 was constitutional. Where there ii
no local law establishing slavery, the mas
ter cannot control the will of the slave by
force, and the presumption Is IN favor o
freedom. The master, in going into ter
ritoTy, does not carry with him the law o
the Stale from which he removes. Slavery,
ne repeaied--or property in human beings
does not arise from the International Or com
mon law, bat from a mere municipal regula
tlon. There was no just ground for the ar
gument that this was exc lusively Missouri
gu ;stion. Dred Scott and his family were
Tree under decisions given within the las
twenty years. \ slave who acquires hi
freedom b. his remuvd' 10 another State
,cannUt lie reduced tu slavery by his return
ing To tie State IRON which he emigrated
SO far from this being merely Missouri
Case, 1t is one which comes under the t~en'
iy-hith section of the jurisdiction act, AM
therefore may be brought for the revision o
this court from the Supreme Court OF TIN
State OF Missouri.
Associate Judge Curtis give his reason
for dissenting from the majority OF tue court
The question Is, whether a person Of Atri
can descent can be a citizen of the Unite
States. The constitution uses the Ian
guage, ''ciiizens OF the United States at tht
time ot the adoption" OF that instrument; re
ierred TO those who were citizsns under tht
confederation. 1t may, therefore, be saiel.
said, The Citizens of the several States un
der The con federation were citizens of ,ht
United States under tie constitution. Ii u
a fact that all the free na.ive-b born subjec
lot New Hampshire, Massachusetts, New
York and North Carolina, descended from
The A irican race, were not only citizens
but Possessed the franchise of electors on
equal terms with other, or white citizens
Those colored persons were not only inclu
ded with the body of white persons in tht
adopt of the constitution, out had thu
pow er to and did act in its adoption. Un
der the constitution every free person borI
Oh the soil of State and made citizen By
force of its constitution and laws, is a citi
zen of the United States. Having statet
the ground of his opinion, and explained
the provisions of the constitution, he saiC
that every citizen at the time of the adop-
tion oil that instrument was so recognized
and no power was conferred to discriminate
between color Or deprive any one of hi:
franchise. 1t is not true in point of fac
that the constitution was made exclusively
by and for white people. The preamble
openly declares that the constitution wa'
formed in order to secure 10 the people o
the United States and their posterily the
blessings of liberty and as for the cOlored
citizens in five of the States, they wert
among those for whom the constitution wa:
ordained and established. Color, in tht
opinion of the trainers of the cons titution
was not necessary to constitute citizenship
under the constitution of the United States
and it might be added that the power tc
make colored persons citizens his beer
acted upon in repeated ins,ances-in tbs
treaties with the Choctaws, the Cherokees
and that of Guadalupe Hidalgo,in 1875
And he arrived at the following conclu.
sions:
| /. That the free native-born citizens oi
each State AT the lornatiIn of the corstitu-
ton became citizens of the United States.
2. That free colored persons born within
some of the Sta'es, and citizens of those
States, where also citizens OF the United
States. s. That every such citizens resid-
ing in any State, has the right to sue and TO
be sued in The fedora court OF the State in
which he resides. 4. As tie plea TO juris-
diction in this case shows no fact except as
To African descent, and as this fhct is not