Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1857-06-12
5giaioE 81 JUsfl0l 6AI#es Is fHs Ukss
OF FRED sCOrT b. SANFORD.


country saoud soon as possible beeae States Of the
Union. Aud for this contemplated future population, the
treaty as expressly provided as It did for toe Inhabitants
residing in the province when The treaty was made an
these % be protected the time; thai
say at ell times between the date Of the trestY and the
tins when portion the Territory where the nhahi
tants resided was admitted into the Uaion aStats
at the dale OF the treaty each nha0itaut had the right
70 he Tree r3Ymeut Of his properly alike with his ber
y and has religion, IN every part OF Louisiana; the PROV
lnce tn5n beng one country be might 20 everywhere m
u aad carry his liberty property and religion, with him,
and n which be was 70 be Maintained ana protected until
Re became citizen Of State Of tbs Union Of the s.
Ihs eanHe be deued u the original inhabitants and their
oescendAns Aud, II It be true that immigrants we're
equally protected, mrs. follow that they also stand
I on the treaty.
The settled doctrine IN the State courts Of Louisiana is
tnata French subject coming to the Orleans Territory after
the Treaty. o. 1903 made. and before LcuIsana ad
mted into the Union, and being inhahitant the
OF be admission, became citizen Of the o. \ BIZ that act
that he Was one Of tue nhabiants Contemplated By the
tard ares OF the treaty Wach referred 70 al the nhab
lanls embraced within The pc State its admission.
Iht this Is the true construction, 1 have no ddabt
II power existed to draw line Of thifty-six degrees
ary minutes north 50 Congress had equal power to draw
tae noe on me iheth degeee-that is due from the
Oily OF New Oreans-and declare that north Of that line
sllvey should exist Suppose this had been done
before 1912 Whel Louisiana came no the Union and the
question Of utract0n Of the treaty had been then present
cd on the esen assumption Of power prohibit slavery
Wha cOabt5 what The sion Of this court would have
o-2n % such an aot OF Congress- yet the difference be-
t"seu ire Supposed IKE aad that thTtysix degrees
tly minutes morrill, IS uny 10 the DEGREES RrUssaess
| presented BY The lower line
The Missouri comprUmse line of $50 was very agrees
slYe declared tha slavery abolished forever thro
out country rea0hiug On the Mississippi river to the
Facnc ocean stretching over thrtywO degrees Of Ongi
tule and twelve and naf degrees OF latitude its
era sde sWe5plng over ouiths to say more Of the
| original province OF louisiana
That the u Government stpulaedia favor Of the in.
hRo antS 10 the eXeut here commended for been
seriously denied, as far know; but the argument IS
that Congress had the authority to repeal the third article
OF me treaty OF 1885, in SO far ed the right
I r3pFfw M
leaving the rgdt 10 exist in other parts Ia other words
9at Congress could repeal the third article entirely ats
pleasure. This deny
TIE eompacts vita north Carolina and Georgia we're
treaties as and stood on the footing with the Lou
sana treaty. Ga tue assumption OF power repeal the
one il must have extended to all and congress could have
xsi1ded The Shareholder of North Carolina from tho
l0ymeat Of his lands in the Territory now the State of
tennessee where the ctzsnsO hs mother State the
principal propretOr7.
Ana the case of Georgia Her citizens could have
been refused the right to emgrate to the Nj Es5pp
Alabama Territory, unless they left their most valuable
and cherished properly behind them.
The G, ntution was framed in reference to facts then
EXISTING OF likely to arise: the instrument looked T. no
theories OF Government In ths Vigorous debat in t1e
Convent "A, IS repOitd by mr. Madison and ttlsrs sur.
rounding lat and tle condition and necessities OF the
e0uLt gave rise u almost every provision; and among
t1Ose iC II was prominently true that Congress dare MT
be trustd VI power to provide that if North Carolina
OF Georgia ceded her west t5rrty the CIT zsDs Of the
Ste In either Case could be prom bed at tae pleasure Of
congress from removing t. eir anis granted
large e1t-Et II tue country likely ee3ed unless they
LII 'hs saYes D=hInd Iaat such AZ AZ smp in thetacs
OF population esq from the Of tue ReV0ll tOu and
then engaged n the great e0uf-dsracy Of Ia6
ans extending from toe mouth Of the ONO 10 tae Gulf of
Mexico would end IN revolt ali II tslhgslt knew
II view Of these facts Let inquire nov the question
stands Oy the terms Of the COnst tOn aside from the
ire-y! how II It od IN public opinion when the Georgia
c5sson Wa made in 1892, apparent tle fact that
no guaranty required BY Georgia Of The o. s. for
projection OF slave property. The Federal Constitution
was Relied on % the rights Of Georgia her c
during IsrrlLOrlaI
relied on tue lndspuable truths that the states were by
the Constitution made equals political rights aud equals
IN the right to paTtc plt The property OF all
the states united ana held In trust for them The Cons
tuition having provided that The citizens Of each state
shall be entitled TO all privileges s-d lmmunt Of c
zsns OF le several Sites the ght u enjoy the territory
equals reserved t. the ts5 and TO the ezsns Of
the STATES respectively. Tne cited clause is not sat c
OF the o s shall have equl privileges IN the Terri
tories but the citizen Of each STATE shall come lere in right
Ct his St2s and enjoy the property lie secures
hisequ4y tlrOugn lhe equality of mis- state By virtue Of
thai great fundamental condition Of the Unon-he equal
Ity OF the SAFES
Congress caGnyt do indirectly what the Constitution
prohibits directly. II the Shareholder prohibited from
going 70 tue Territory with his slaves who parts his
t4mlJ IN name and IN fact it viii fellow that owning
lawful property IN tler own States carrying with them
the equay O their State enjoy the common property
may be tod you cau1Ot here With your slaves and
ne may % held out at the border By this subteruge,
owners OF Save properly, 70 the amount OF thousand Of
Wll1ns, mgnl DC almost ehsctuay excluded from
moVng into the Territory Of Louisiana north Of thirY-six
degrees Ilty minutes Il the law declared that owners
O slaves, as Class, should be excluded if their
slaves we're left behind
ust as well might Congress have said to thO'e Of the
NoIn you shall not introduce into the Territory south of
said lice your c-te horses as the country already
JcAed nor you introduces your tools Of trade or
CneS as tle policy Of Congress Is TO encourage the
culture OF sugar and c9r1n south Of tbs line 50 70
pio7ide hat the Northern people shall manufacture for
nose Oh the ut and barter for the staple articles slave
aDOr pT0ca-es And thus the northern farmer and
ehaao woud be held out the STAKEHOLDER wasor thirty
years. by ths Missouri rsit-i ton.
II congress could pTuhbit one species Of property law
TAI throughout Louisiana when acquired, and lawful
IN tae state from whence It was brought 80 CCrgess
might exclude any or all property
Inc case before rs VIII illustrate the construction con-
ieh1ed io1 Dr. Emerson citizen Of Museum; he bad
an equal Tgnt 10 The Territory with every citizen Of other
States This IS undeniable "a suppose. Scott was Dr.
Emerson Lawful property Missouri; he carried his Mis-
sour Tue with him. and the precise quesson here is
whether Congress had the power TO annu that title tits
ldls ID s That CongfC could defeat the title d.
rectl that II might De done indirectly, By dIaKng
row circle around the slave population Of Upper Lou sans
anu declalng II the slave went beyond IT. be should be
hee such assumption mere eva~ioD and entitled to no
consideration. and ID eq Tally idle to cont nd that De-
cause congress has express power TO regulate commerce
among the Indian tribes and to prohibit Intercourse with
the Indians that therefore Dr. Emme cont title might be
defeated II the country cedsd By the Indians to the s.
as early as 500, and which embraces Fort Smelling We
must meet the question: wheh CIngtess had the power
to declare that citizen of s. e. At, VIM W tn him his
equAlHgdts, secured TO him ough bis lie could be
SPsd OF ms gOO1s and siaT7 and be deprived Of any
participation In the common prop r? If this be the true
meaning Of the Constitution eqGly Of rights to enjoy
common Juniy, equal 10 Thousand miles square may
De cut on by geographical line and greaI portion Of
our citizens excluded TOmIt
Ingenious, indirect eyasious Of the Constitution have
been attempted and defeated heretofore In the passenger
Cases u How h. the temp. made to impose TX
on the masters Crews ald passengers Of veses tie Con
sutOuOn having prohibited the vessel ITSELF but
TINS court hea tie attempt to be mere INVASION and pro-
nounced The tax Illegal.
admit that Virginia could and lawfully did, prohibit
slavery MOTT west lf the Ohio BY her charter OF cesson
ana llat Tie t5rrtJry taken BY the u g. with this
coma Ton imposed IasO adm that France could BY the
tss OF 1873 have pcOnbtd slavery in any part OF tle
eeoed tsTftory imp jsed It tle o. s. as a fuuda-
n5hN ccnoltOn Of the CessOn in tle time till
81 les were adm tied in the linton
eOneur WITH Judge Baldwin tn FCdsIal power is
sfesea over all tue t8rOry WITHIN the pursuant to
ne onst luton and the condition OF the ccssiOn Whstl
n was part of the original TerNy Of State of the
9e Tlsn oil the o. in over it depends the tract
d cson which operates to incorporate as well the Ter
ltoTy as Us inhabitants
hy opinion is that the third article OF the treaty of18O3
edng Louisiana 10 the U, s., stands protected by the
constitution, and cannot be repealed by Congress
aud sec5ndly that tbs act OF 1920 known the Mis-
our compromise violates the most leading feature 0 the
jonsuutJn-a feature 90 which the UoOn depends and
when secures the respective States and their citizens
n entire EQUALITY OF rights privileges and mmunites
On these grounds, hold the compromise act have
zen void and, consequently that the plaintiff Scott
lain no benefit under it,
For the reasons above stated with my brother
ldges that the plaintiff Scott is slave, ard when
his suit was brought
Rrors AND SPoLs PARrIEs.-The Charleston Eve
ing NeCs, in slluding to the recent disgraeeful'
lot in Washington, and those which have occurred
,o,,o,t;o,, an elections