The Ashland union. [volume] (Ashland, Ashland County, Ohio) 1854-1868, 1857-03-25

pressed on the Colonists this side of tht
Atlantic; accordingly, negroes of the AT
rican race were regarded by them as prop
erty, and held, and bought, and sold, a.
such in every one of the thirteen Colo.
MES which united in the Declaration Of
Independents, and af. erward formed the
Constitution. The doctrine of which We
have spoken was strikingly enforced by
the Declaration of Independence. 1t be.
gins thus; "When, in the course of hu-
man event, it becomes necessary for one
people to dissolve the political bonds
which have connected them with another,
and to assume among the powers of the
earth the separate and equal station to
which the laws of nature and of natures
God entities them, a decent respect to
mankind requires that they should de.
clare the causes which impel them to the
separation )" and then proceeds: awe
hold these truths to be seif-evideut-that
all men are created equal; that they are
endowed by their Creator with certain in
ahenable rights that among these are
life, liberty, and the pursuit of happiness.
That to secure these rights, Governments
are Instituted among men, deriving their
just powers from the consent of the gov
erned," &c. The words before quoted
would seem to embrace the whole human
family and if used in a similar instru-
ment at this day would be SO understood.
But it was too clear for dispute that the
African race was not intended to be inclu.
dcd for, in that case, the distinguished
men who framed the Declaration of indie
pendence would be iagrantly against the
principles which they asserted. They
who framed the Declaration of ~Independ-
ence were men of too much honor, educa-
ton and intelligence, to say what they
did not believe and in ho part of the
civilized world were the nagro race, by
common consent, admitted to the rights
of freemen. They spoke and acted &C
cordiug TO the practices, doctrines and
usages of the day. That unfortunat, race
was supposed to be separate from the
whites, AID was never thought or spoken
of except as property. These opinions
underwent no change when the Constitu-
ton was adopted. The preamble sets
forth for what purpose and for whose ben
eft it was formed. 1t was formed by the
people-such as bad been members of the
original States-and the great object was,
to ''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
description of powers 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 Constitu
ton was adopted. One clause reserves
the right to impeft slaves until 1903, and
in the second, the States pledge them
selves, one to another, to preserve the
rights of the master, and to deliver up
slaves escaping to their respective Terri
tories. 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 governments hen formed should en-
dure. Aud this shows conclusively that
another description of persons was en-
braced in the other provisions of the Con-
stitution. The two clauses were not in
tended to confer upon them or their pos-
terity the blessings of liberty so carefully
conferred upon the whites. Mono of this
class ever emigrated to the United
States voluntarily. They were all articles
of merchandise. The number emancipa-
ted was few compared with those held
in slavery, and notsuficiently numer-
Gus to attract public attention as a
separate class, and were regarded as
a part of the slave population, rather
than free.
1t cannot be supposed that the States
conferred citizenship upon them for all
those States, at that time, established OPP
lice regulations for the security of them
selves and families, as we'll as of property.
In some minor cases there were different
modes of trial, and it could not be sup
posed that those States would have formed
or consented to a Government which abol-
ished this right and took from them the
safeguards SO essential to their own pro-
lection. They have not the right to bear
arms and appear at public meetings to
discuss political questions or urge meas
ures of reform which they might deem ad-
visable. They cannot vote at elections, nor
serve as jurors, nor appear as witness where
whites are concerned. These rights are
secured in every State to white men. 1t
is impossible to believe that the men Of
the slaveholding States, who took SO large
4 share in the formation of the Constitu-
ton, could be so regardless of themselves
and the safety of those who trusted and
confded in them.
Every law Of naturalization confines
citizenship to aohitc persons. This is a
marked separation from the blacks. UNI
der tie Confederation every State had a
right to decide for itself, aud the term
Stree inhabitant," the generality of form,
certainly excluded the African race
Laws were framed for the latter especial
ly. Under the Constitution the word
"citizen' is substituted for ffree inhabi-
After further elaboration on this
point, tho Chief Justice said, from the
best consideration, we have come to the
conclusion that the African race who
to this country, whether free or
slave, were not intended to be included
III the Constitution for the enjoyment of
any personal rights or benefits, and the
provisions which point to them treat
them as property, and make it the duty
of the Government to protect them as
such. Hence the Court is of opinion,
from the facts stated in the plea in abate-
ment, that bred Scott is not a citizen of
Missouri, and is not, therefore, entitled to
sue in the United State Courts. The fol-
facts appear on the record:
"In the year 1884, the plaintiff was a
nepro slave belonging to DIR. Emerson.