Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-10-14

Of his improvement, they cannot be called EVIL IN
| their own nature, - - 4 .
Certain assumptions Of the anti.sl.very sgitators
have been too much INDUCED by the moderate.
peaceful, and conservative. Chief Justice Marshall
let pass uneondsMned their irrelevant rivality about
tho law ofnature; and Chief Justice fancy comedies
10 them that the negro race, merely because denied
political rights 10 to be regarded as unfortunate.
The unconstitutional and revolutionary anti slave
resolutions Of April 1857, cannot retroaet so as to
affect this Prior to the time, legislative act
Of this State had ever declared that to breathe our
air or touch our soil should work emancipation ip
raeto nor had any statute been enacted when oy
it's true Interpretation denied to our fellow-ctzens
Of other States an uninterrupted rqnsitus through
| our territory with their negro slaves.
Interstate comfy, ir its simplest form, AWARDS
free transit to members Of friendly State, with
their families and rights Of property without os'ur'
bance of their domestic relations
! Whatever others may do no American judge can
pronounce slave property an exception to TINS RUE
| upon the general ground that slavery is immoral or
unjust. Every American citizen is bound by the
Constitution Of the United States to regard it as be-
ing free from any moral faint which could affect its
claims to legal recognition and protection long as
airy State in the Union shall uphold it.
| The provisions Of the federal constitution for its
protection cannot otherwise be kept in candor and
| good faith.
able unbelievers keep all lawful contracts.
| The words "imported, introduced .or brought
INTO this State" unless extended in manner viola
tive fall the principles above contended for, and be-
yond their fair import do not apply to the trdms'tus
of Slave in custody of his owner an American cit
izen quietly passing through this State on lawful &C.
casion and without unnecessary delay.
The State of New York cannot restrain citizen
of the United States from peaceaby passing through
her Territory with his slaves other property, on
q lawful visit to State where slavery is allowed by
| law.
Coporoec hac nower 6 IN reculate commerce with
foreign nations, and among the several States and
| with the Indian tribes"
This power is absolutely exclusive in Congress, so
that no State constitutonay enact any regula-
| ton of commerce between the States whether Con-
gress has exercised the power over the matter
! in question or left it free.
At all events the States have not reserved the
right to prohibit and thus destroy commerce or any
| portion of it.
The proposition involved in this case is that cit
izen of Virginia, in possession of his slave property,
cannot pass through TIE navigable waters of nom
| slaveholding State on BOARD of coasting steamer
enrolled and licensed under the laws Of Congress,
without having his vessel arrested under State law,
| and his property torn from him by force of Lord
| Mansfed's 0biter dictum in Somersett's case.
| 1t seems to have been universally conceded until
the present case, and at al events it is clear in law
that citizen of any State in the Union may freely
pass through intermediate State to the territory
Of third without sacrificing any Of his rights.
! !
sttutona grant of exclusive power to Congress, in
cudes the transportation of persons and the whole
subject of intercOurse between citizens of differ
eft States well as between them and foreigners
! Consequently no State can impose duties, impOSts
! or burthens of any kind, much less penal forfeiture
upon the citizens of other States for passing through
her territories with their property ahy State
| interrupt disturb them in such passage.
The Constitutional guaranty to 1.-THE citizens Of
each Stale" that they shall be entitled to all priv
ileges and immuntes of citizens in the several
| States" through another right to immunity from
such disturbance the plaintiff suffered from the
! order under review.
This section would lose much o{its force and ben
efcal effect if it were construed to secure to the
non resident citizens in travelling through State
! y such rights such tate may allow to its own
citizens. Its object to exempt him from State
power, not to subject him TO it.
Class legSlato is deemed perfectly legitimate.
State may impose grievous burhens on its own cit
liens of particular classes those of foreign birth,
Of German origin, over under particular age,
ooning slnres any uhere, or pursuing particular
occupation, &C. 1t may establish agrarian law.
Perhaps Utah might visit heavy penalties upon any
of its male citizens for breathing its pure air,
touching its pure soil, without having at least six
wives; and Anazonia may arise among
States and exhibit such rule in the femenine gen
der.
Under construction and policy of this kind the
non-slavehoding States could pen up all slavehold-
within their own States efectually the slave
is himself confined by the rule applied in this
This power cannot be conceded.
The section is not 10 be thus narrowed. The Con.
stitution recognises the legal character "ctzen of
the United Safes" as well as citizen of particular
State The latter term only refers to domiciI for
every citizen of particular State is citizen of the
United States. And the object of this section
to secure to the citizen, no matter in what State he
might be domciliatcd, the general privileges and i'm.
n he very nat Of ri nc
recognised and established by the Federal Constitu
ton, belonging to the status that by partial
and adverse legislation of a State into which he
might 60 as stranger or so ourner could he be
deprived Of them. 1t is curb set upon State legis
lation harmonizing with the provision which
tends the agis of the federal judiciary to the
resident in all controversies between him snd the
citizens of the State in which he may be temporar
| 1y placed The object is not to compel States to
give strangers the same "rights" which they award
to their own citizens; but to exempt the stranger
from burthens or Instructions of any kind. To stop
his vessel or his carriage in transitu and carry off
his negro servant-recognsed as his property by the
laws of his own State and Federal CONSTITUTIONS
manifest invasion of his just privileges and i'm
munities."
The general doctrines of the court in bred SCOTS
case must be maintained their alleged novelty not
outstanding
The negro was forever excluded from social union
by an indubable law of nature; what folly it would
nave been to endow him with political equality. In
deed, it was impossible. 1t never has been done it
| cannot be done.
Whenever the judiciary Of the Union shall declare
respect to the emancipaed negroes of the North,
that they are citizens of the State in which they
dwell and therefore under the Constitution " enti
tied in the several othe States to all privileges and
immunites of citizens the law of nature, to which
negrophilism so frequently appeals, will irresistbly
demand the dissolution OF 'our Union. We main
tain that the negro was not permitted during the
storm of battle to steal into place in the funda-