The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1857-05-30

Taney ~. Taney.
The Democratic Journals Of the North
are loud mouthed in their denunciationa
Of that portion Of the "pressv which cen.
sures and criticises the Decision Of Justicl
fancy. They raise the cry Of "treason''
and characterise Ill who are not willing
to sustain Taneys decision - traitors q
their Country and - men devoid Of rea-
son. For ourselves, We entertain the
greatest respect for the highest Judicial
tribunal Of our land and shall ever WELD
our little influence in maintaining il in
the exercise Of it, duties.
At the same time We cannot sx-rende,
our own individual opinion ofjustice and
right to any body Of men, no matter what
their position, though the decision of Ta.
aey excluding negro from the right Of
sueing in the Federal Courts, may b the
Law Of the Land and entitled to respect
As such, we still claim the right TO differ
from it, and feel bound BY the elaine Of
humanity and freedom to aid in bringing
about the reversal of it, VIC do not believe
in 50 doing that We are guilty of treason
or insubordination to the "Law Of the
Land" but on the contrary, that We are
exercising an inherent patural right, one
guaranteed US by the same Constitution
that has been construed to confer nc
rights upon one of "African Descent"
fancy seems to have forgotten that in
January A. D., 1843, he confirmed the
decision Of the Circuit Court in which q
similar case was tried. That he at that
time, in the case of Williams VI. Ash set
At liberty Ash Slave Of African descent
who had sued for his freedom in the
United States Circuit Court for the dis.
trict Of Columbia, Eve quote from How
ards U. s. Rep. vol. l pp., IL, Is, A.
fancy delivered the opinion of the Court
as follows:
"This case" said his honor, lis brought
here by writ Of error from the Circuit
Court and came before that Court upon q
petition for freedom. 1t appeared upon
the trial that the petitioner was the prop
erty of Mary Ann Greenfield, Of Prince
Georges County, III the State of Mary
land, who died in 1924, having first duly
made her last will and testament, where
by, among other things, she bequeathed
the petitioner, with sundry other slaves,
to her nephew, G. T. Greenfield, with q
proviso, in the following words: "Pro-
yided, he shall not carry them out Of the
State of Maryland, or sell them to any
one in either of which events, l will and
devise the said negroes to be free for life.
Upon the death of the testatrix, G. T.
Greenfield took possession of the petitio-
ner, James ASH until December, 1869,
when he sold the petitioner to the defend
ant. (Williams) and the petition for free
dom was fled shortly after the sale.
Upon this evidence, the Circuit Court
instructed the Jury, that by the fact of
such sale Of the petitioner, the estate or
property Of tn. petitioner 40 bequeathed
to Greenfield, ceased and determined, and
he therefore became entitled to his free
dom. We think the bcquest in the will
was . conditional limitation Of freedom to
the petitioner, and that it took effect the
moment he was ssld The judgment o,
tie Circuit Court Is heretore affirmed.
Our readers from this will see that the
same Judge has ruled quite differantly in
the two cases in l843, Ash could sue in
the U. S. Courts and recover his free
dom. bred Scott 10 1857 is thrown out
of Court because black man. is not a
citizen. fancy had not in lS43 discover
ed that the Constitution was made ex-
clusively for whites The State of poll
teal parties At the time did not demand
partizan decision. The South was not
then so grasping consequently the claims
Of an oppressed race could be listened
70, and their rights adjucated upon in
the Court which now refuses to listen 10
their prayers for redress, which of the
two decisions are to be sustained, the one
in which Black Mans rights can be
enforced, or the one in which he is de-
MED all redress. They come to US with
equal rights, given BY the same Judge,
on the same bench, and it only remains
for us to choose between the two. Rea-
son, Humanity, Freedom and Justice, all
speak in thunder tones, and demand =
return to the wholesome doctrines embo-
died in Taney's decision given in 1s43.
And last but not least Freedom of the
North demand it, the united voice Of six
teen States must and will be heard. A
brighter day is dawning for freedom
BeAuieu Repub.