Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-03-17

TED sTATEs-THE sOUTH-Tas DEMOORAT
PARTY.
There is 40 event occurring IN the last twenty
yeass more important TO tie welfare Of the people
Of this Union, than the decision of the supFems
Court Of the United States, in the case of DIED
scoTE, made at the last term of the court Tie
faCts upon which this decision vas based are
these:
In the year 1884, the p'antF was a negro
slave belonging to Dr. Emerson, who was g sur.
qeon Ia the army Of tie United States. 10 that
year 1894 said Dr. Emerson took the plaintiff
from the State OF Missouri to The military post at
Rock Island, il the State of Illinois, aud held him
there as 8 slave until the month Of April, 1886 At
the time last mentioned, said Dr. Emerson Iemov-
ed the plaintiff from said military post at Rock Is
land to the military post ct Fort Smelling, situated
on the west bark Of the Mississippi river, in the
territory known ss Upper Louisiana, acquired by
the United States OF France, and situated north of
the latitude Of sc degs 30 Minis north, ard north
of the State of Missouri, Said Dr. Emerson held
the plaintiff 10 slavery al Fort Smelling until tie
year 1888
&" In the year 1885, Hsrriet (who is ramed in the
second count of the p sinti's declarstou) was the
slave Of Msj 7 IAlisferro, who belonged to the
army Of the Unite Sta.es. In that year, (I935)
Snsling, g military post situated as herein before
stated and kept her there 3 slave until the yesr
1886 and then sold ard delivered her as q slave Rt
Furt Smelling ulto said Or Emerson, herein be-
fore named; and said DR.. Emerson held said Hsr-
ret in slavery at said Fo,t Smelling until the year
1888.
In the year 1886 the plaintiff and said Hsr-
rie, &C said Fort Smelling with the consent OF said
Dr. Emerson, who then claimed 10 be their master
int and focir 9TH for
husband and vile. Eliza snd 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 steamboat
Gpsev, north Of the north line of the State of
d ssouri, and upon the Mississippi river Lizzie is
about seven years old, and was born in the State
of Missouri, 1T the military post called jefferson
Barracks.
" In the year 1888, said Dr.. Emerson removed
the plaintiff and sad Harriet sCd their said daugh
ter E "a, lrcm said Fort Sueling to toe State Of
Missouri, where they have ever since resided.
Before the commencement Of this suit, sal ! Dr..
Emerson sold and conveyed the plaintiff, said Hsr-
Eiet, Eliza and L zzie, to the defendant as slaves,
aud the defendant CEimed to hold each of them IS
slaves.
"At TIE time menlionedin the plaintiff decIaTs-
tior, the defendant claiming to be owner as GfOre.
said, laid his hands upon said plaintiff, Harriet,
this respect, howe err no more than Whist be might
lawfully do they were o! right bis slaves at such
times"
The questions arising upon thess facts were
LIST. Whsther persons of African descent, whose an
cestors were slaves, can become citizens Of The
United States aud entitled to sue in the courts Of
the Union? 2nd. Whether atemporsry residence
By 8 slave in the Territory of the Southwest, &c.
dsd by Virgins to the United States, emanoipsted
tbs slave without any act Of emancipation by bis
owneT2 3rd. Whether residence Of the same
character in portion Of the Territory of Louisiana
north of $50 3O', would emancipate SLAYER
twill be evident to taOss familiar with legal
questions that the decision of these two last points
would necessarily involve the power Of Congress
under the Constitution to prohibit slavery, either
in the Territory held by the United States st the
adoption of our Corstitu ion, or that subsequently
acquired by purchase from FrnUce, and more ps,-
ticuarly the meaning OF that clause in this ins:ru-
ment which Ru;hcrz 2, Ne4dful rules and Tegu-
lations to be made respecting tie territory and
other property Of the United States"
We find, accordingly, that the Supreme Court,
through their organ, the able snd distinguished
Chief Justice TAErT, Of Maryland, have decided
1st That persons OF African descent, whose snces-
tors were slaves are not citizens Of The Uaitsi States
That they may become cijizsLs Of any particular
State BY its local leg station, aUd be permitted IN
der its laws to exercise all the rights Of white per
sons accorded in that State, but they cannot be-
some citizens Of the Unon, or claim the privileges
Id osft
laws. The Chef Justice asserts and proves that
negroes were not embraced il the meaning Of the
memorable words beginning our DecErs;i. n Of In
dependence, Z" We, the people, g.. He shows
that such an assumption would be pJepostCrcus
and glaringly Inconsistent with bonesty aud truth
on tle part of the trainers # cur Constitution
That slavery was then legal in mosl, if not al, n
Btstes of the Union that the save trade was ex-
prsssy tolerated until the yesr 1903, and laws for
tie reclamation Of fugitive slaves author zed to
be passed By Congress. he holds therefore, as
postulats from these facts, that it was tie white
rsee that declared its independence, formed its
constitution, and enacted Jaws for its goVerpmt Mt,
leaving the negro race 70 be governed and project
cd under the local legislation Of the dlEerert
States
Upon the effect OF the Ordinance Of 1877, tie
opinion shows that Virginia Ce3ed the Northwest
ern territory to the States when mere coufsders-
ton; that each State became vested with lis DOL
ton Of this territory before the Odop;yn OF our
federal constitution, and when they fomsd ourcor-
Ettution and became q Union. Tks federal gov
eminent was constituted trustee for the S. ates
70 bold this property, and make 'neeaful rules and
regulations for its survey, sale Of lands, bourda-
ries. management &c, but no authority was civ.
en- or intended to be given TO Congress to Iegiss,e
as 10 persons or property residing therein as 20
6x the character Of their political institutions, AID
therefore the right to inhi5t avery, by act Of
Congress, in the tsrritory coded bS Virginia, did
not exist; and that although the Ordinance of 1857
inhibited slavery in thst territory whilst it remain.
ed such, yet the residence of slave the,e with
bis master would not emsnoipsts Lin when be re
turned to a slave State.
The opinion decides further, thai the provision
of the constitution suthoriz ng used!ul rules AMI
regulations resp citing the territory, snd other pro-
pertv," sc, has DO application TO any territory &C.
g,,irsd since aEe adoption Of our constitution; lh
our government exercises conEo! over territory &C.
ouilei since that time, merely By viytJe Of IS goa
eal Do,csr to acquire terTitcry snd that inasmuch