The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-09

70 deliver slaves escaping 70 bnor ro4poCuvo terrific
ries BY the nrst the right purchase and hold
thh property Is directly sanctioned ana authorized BY
the persons who framed the constitution, for twenty
years and the States pledgsd themselves 70 uphold tue
fight Of the master long - the su form
Cd should endure And this shows copcusivcly that
another description Of persons were embraced N the
other provisions OF the constitution These two clauses
were not intended to confer upon them or their poyery
the blessings OF liberty carefully conferred upon the
s.asss voluSssy w The, ' were al .sss d 'I neroasa
disc. The number emaoctpsed was fe~ 90 compare
with those who were held In slavery, and not suciontT
numerous to attract public attention ~ separate GLASS
and were regarded as part Of the slave population
rsther than frte
ablshed police regulations for the security ef them
selves and families, ~ well - Of property. In some
minor cares there different modes OF trial, aud
could not be supposed that those States would hsvo
for med consented 70 goverpmeut which eb0ltshed
s % and Sa from the s.. S sss %
and appear ct pu oic meetings 70 discuss poaa
questions, urge OF reform which they nigh
deem advisable. They cannot vote at eiecaons, nor
serve srors, appear As witnesses whore whtss
concerned These rig nts are secured In rery Slate
70 ~hte men II impossible to believe thai toe men OF
slaveboidrs States who took large share IN the for
NATION or the Constitution could be SO regardless OF mem
SELVES and the safety Of those who trusted and connotd
In them.
Every law OF naturalization confines citizenship 70
white persona tn is Q marked separation from tho
blacks Under the confederation every stAse had q
r,ehl decide for tself and the term "ee nhAotsnt" "
the gepefaiy OF form, certainly excluded the African
rscs Laws framed for the latter especially. Ia
Ger the constitution, the word 'oitzen substituted
for sfree phabtani AZ er further elaboration ths
ptnt The Chief Justice said from the best consideration
have tome 70 he conclusion tnst the AteloAp race
70 tns country, wheiner free or slave, wore
DOT utep led to be Included In the constitution for the en-
joymspt OF any personal rights oeuehs and the two
and make the duty Of the government to prossos them
such Hence, the Eour ID of opinion. from che acs
stated u tue plea In abatemsnt that Dred SCOTT mol
citizen OF Missouri and not Ihsretofe ennued TO sue
10 tie United StAles courts
The following iacls appear the record In the yen
yte4 the psiniin negro slave belonging so Or,
Emerson who . surgeon IN the army oi the u ated
ssSes In that year lS34l said DR. EMERSON took the
snn irom the Sstv Of Missouri 10 the military post st
Rock Inland In the State Of nns and held him thsre
= eisve until the month OF April 1888 At the time
ss. mentioned said DR. Emerson removed Inc plainud
iiom SAID military post al Rock Island % Inc military
nssssippi river In the territory Known S Upper Loust
ana, acquired by the United Sa.ss fion France, aud
us,td Dorh Of the latitude OF 30 deg so u,a NORTH
and rorih of the state OF Missouri. Said Or Emerson
ted the plaintiff Tn avery al Fort Smelling until the year
1888
In the year 1895 Harriet wSo IS second cous,
OF the pisins cecarsion wes the slave Of Major Ia ser
year ds1 SAID Saor isisterro tsot said HTie to ssia
For. Smelling military post situated heesubefcre stated
;cd snd delivered her slave Fort sae,pg unto s.t
held said Harriet In slavery Fort snsling unl tho yss<
Smelling with the con'en Of saio Dr. Emeraon who tsea
each o sss5sna sa s & asa ls us% n
the u,rd coun OF The plaintiff declsrsoa are the fruit Of
sn ss. oa Of he pss o % q the ss1
line Of the STATE OF Missouri and upon me misspp. river
Missouri Al tbe misr, poss called Jefferson BsTrAc.s
end q & ss @ ss s .r s s.s ssaa S s from s
bort eIg the State Of Missouri where 'hey have ever
BetOr. The coumercenen, Of ,hs SUN .ss Dr Egs..en
to tho defendant saves and the Defendant claimed To hold
A. the tines nsnoped IN the piainu declaration the DO
& ssn aSs Eliza ana 1s I M %
might ss farT DO shsJ were Of right hs suo
The Chsf Justoe rscseded 10 examse the statement
esssmss isss ihis part Of the "ersovsr'y r-S6ia2
Was he (s,osD and all his nmly tres Z u.
s,cel aly. IL scs were they free By reason Of Their
re emoyal 10 Rock Island Ilinoiss
Inc act OF Cor gress which the pIAinad relies
ialns the clause hAt slavery and Involuntary ssrv ude
sss 70, rorx .ooaroS Sy rs.,y from
not included within the limits OF the State o. LoGssaA
the dBcuy which meets us as the threshold B WHISTLER
Cocgress u authos zed 10 pass such lAW uEdsr tue
powers granted 70 It by the constitution The pia,nid
dwes much the clause sh ID q ves gongrsss p)ser
,be territory or ons, properly Of ihe Unlssd STATES
But this DIVISION has no bearrg on the present cono
versy the power there Even con anod 20 he territory
which belonged TO the Unied ates and caa have
no influence on territory which acquired from
foretsn governments The Jus ioe then referred 70 tue
oessoos o. land By v.nl. and o,ssr s.ss s.y..s .ns
and 10 enable Congress 20 dispose OF the sncs for
tie Common benefit Undoubtedly the power OF
scwertisnty and eminent domain was oeded IN the
scs This vas proper 70 make u essential There was
then no Cover ernnent In existcncs win enumerAsed
po.S: what was % e,,ss me states 1 -srS thirteen 90.
Tor mutual proecton II was hitle more than oons ross
Of amba,sadoTs In which all had oommca oosooru Il
was this congress whc. accepted the ocscon from Vh
tns They mad right 70 do under the articles Of
cootsdeJ alton, but tDey hae rsnt 90 indepssos soi
powers 10 accep The sndfsr the common beneot and 10
hal IN
had right ~ exercise absolute dominica. subject oaly
TO ths restrioIons which Virginia Imposed. rhs ordi
:Sea g. 81 sSoa osss 70, ~.
one thar 81 voluntary ,ervicde should DO pro
THIS tbnss when the constitutes Vas
formed ccoed by Virginia belonged TO
the s rtstos a. common property The
Statt pive the confederation aud sur
rspd po.er for ,se \orrna too Of
.c.. ss- = ss.Sas aasS.fl rs I%ssS ssr,sss sss
FOR us,oh iee CVy sd b v. neoss'.ry
thai Iove- 'shoud be tiyeu 70 protec. ths citizens
~ho might emisrHio, with sher rishs Of propcrtyYRs
nlli,sII ',orss !S rs. q, snip, ,.,,, ?, sm
pendent ensraoier, and they had right W take tstr
property 10 the rerntory, without The authority o. the
STATES The object " plaoo these things uuder the
guardianship ~ . nev goverpmsnt, which gives oos
r-eo the poser 90 MAKE all necdfnl rules and resu.
.aco, rsspecans the 'e,riOy Or other property
OF Tie rBittd states" II applied cniy % pro.
periy hsid "a commoa 1 the lime, and no. with
references % any property which the soywifnty
m,xpt subsfquenty acquire. II applied N the YER.
rrofy thea IN t1lsence .sd known the tevriso<y Of
TIE United Salesihen the mind OF the trainers Of
The CONSTITUTION rssers TO the sale o. raising Of money
Tbs ~ d.iertnt from the cover 10 epsaie over the
Territories. with ths worfs ITO mafe ah reedul rules
and rozrlarops respecting the erTtory." are coupled
the words " ard oAher property Of The Us,ed States.
Apa the conrludirg words render this cnhsRuciion vro
suible " 'ud pcsnngr ht CONSTITUTION snan be 30 coo
srues 70 preudics any Claims ~ The United Ssss or
OF any particular state -
Its obvious that the Cnprresx, under the nsv govern
mept, regarded the above CLAUSE neoesssfy 70 CARR
into eject hs principles and provisions o the ordinanos
OF I1es which they regarded OF the Sstes IN
the cxeroi,e Of their political pcwer Al th9 time; and
thess Representatives of The Nas under me nsv
dd not thnt proper 10 depart from any -
sental principle, and do hos Athms 70 nnsc snysans
that conc.
AZ 10 tsrrnosy acqsired without ths limits ~ NJ
united aAies IA remains HrrtorH un Admlllal Into thl