The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1857-03-11

~, ~un 70 deliver up slaves ESCAPING to the cir
=, o'psoiSe territories By the rst clause the right
10 purchase and hold this property Ia directly
sAhcuoned aud authorized by the persons who
.ssmed the constitution, for twenty years: and the
otAtea pledged Themselves to uphold the right of
.Se ss.es as long rs the government then formed
'uou.o endure. Aud this shows couclusively that
another description of persons were embraced in
'he osner provisions of the constitution. These
Two clauses were not Intended to confer uoon
taem OF their posteriy the blessings of liberty no
csretuiiy conferred upon the whites. None of this
class ever emigr ated to the United States vounts
rily They were all articles of merch.ndise =
The rumber emaucipated was few A comnarad
with those who were held in slavery, and not suf-
hclentiy numerous to attract public attention as
separate class, and were regarded a. a mart Of The
slave population rather than free
IL cannot be supposed that the States c,pfarred
citizenship upon them; for all those States at thu
time established police regulations for the sscurtv
of themselves and families as we'll "a of pronertv
In some minor cases there were different mode of
trial and could not be supposed that these
would have formed or consented to a government
which abolished this right, and took from them ths
safeguards essential to their own protection They
have not the right to bear arms and appear At
public meetings to discuss political questions or
urge measures of reform which they might deem
advisable. They cannot vote at elections nor
serve as jurors, nor appear a. witnesses where
whites are concerned These rights are secured
In every State to white men. 1t Is impossible to
believe that the men of slaveholding States, who
took SO large share In the formation of abe con-
stituton, could be 80 regardless of themselves and
the safety of those who trusted and cCnfded in
them.
to white persons. This is marked separation
from the bl ,cks Under the confederation every
State had right to decide for itself, and the term
free iuhabiiant the generality of FORM certainly
excluded the African race. Laws were framed
for the latter especially Under the constitution,
,Sord t!cizaun ia guhsttuted for Stree inh ah-
liant" After further elaboration on this point
the Chief Justice said, from the best consideration
we have come to the conclusion that the African
race who came to this country, whether free or
slave. were not intended to be included in the
constitution for the enjoyment Of any personal
rights or benefits and the two provisions which
point to them treat them as property, aud make 1t
the duty of the government to protect them as
such. Hence, the Court is of opinion, from the
facts stated in the plea in abatement. that Dred
Scott is not citizen Of Missouri and is not, there
fore, entitled to sue in the United States courts
The following facts appeared on the record
In the year 1884, the plaintiff was negro slave
belonging to DR. Emerson who was surgeon in
the army of the United States. In that year Q034
said DR.. Emerson took the plaintiff from the State of
Missouri to the military post at Rock Island in the
State of Illinois, and held him there as slave until
the month of APRIL 1886 At the time last men
TONED, said DR.. Emerson removed the plaintiff
from said military post at Rock Island to the mill
tary post at Fort Smelling, situated on the west
bank of the Mississippi river, in the territory known
as Upper Louisiana, acquired by the United States
from France, and situated north Of the latitude of
36 deg 30 min north and north of the State of Mis-,
souri, Said DIR Emerson held the plaintiff in slave
ry ut Fort Smelling until the year 1888.
In the year 1885 Ia riet, (~h, is psmed in the
second count the pl.intitfs claraton,) W ,s he
save of Mai TaafeI ro who beio nged to the army Of
The United States. In that year, QS35,D said NJ, ,jor
Taliaferro took said Harriet to said Fort Sne Hing,
military post situated as hereinbefore stated,
and kept her there as a slave until the year 1885,
and then sold and delivered her slave at Fort
Smelling unto said DR. Emerson, herein before
named; aud said DR.. Emerson held said Harriet in
slavery at Fort Smelling until the year 1888.
In the year 1896 the plaintiff aud said Harriet at
said Fort Smelling, with the consent of said DR.
Emerson, who then claimed to be their master and
owner, intermarried and took each other for hus
band and wife. Eliza and Lizzie, named in the
third count of the plaintiffs declaration are the fruit
of that marriage Eliza is about fourteen years
old and was born on board OF the steamboat Clip
sew north fthc north line of the State of Missouri
and upon the Mississippi river; Lizzie is about
seven years old, aud WAS born in the State of Mis-
souri,, ct the military post called Jefferson Bar
racks
In the year 1888 said DR.. Emerson removed the
pl i4iif and said Harriet and their said daughu r
Eliza, from said Fort Smelling to the State OF Mis-.
souri,, where they have ever since resided.
Bsfore the commencement of this suit said Dr.
Emerson SO d and conveyed the plaintiff said Har-
riet Eliza and Lizzie, to the defendant as slaves,
snI the defendant claimed 10 hold each of them as
slaves.
at the times mentioned In the plaintiff s 'de-
cIerston, the defendant claiming TO be owner as
sf1resad laid his hands upon said plaintiff, Har-
riet Eliza and Lizzie, and imprisoned them; doing
in this respect, however, no more than what he
might lawfully do If they were OF right his slaves
at such times.
The Chief Justice proceeded to examine the
statement, assuming that this part of the contro-
versy presented two questions:
FiIsty. Was he (ScotD and all his family free
in Missouri and
Secondly If not, were they free by reason of
their removal to Rock Island, IlliDosf
The act of Congress on which the plaintiff re-
lies, contains the clause. that slavery and invo-
luntary servitude, except for crime, shall be for
ever prohibited in that part of the territory ac-
quired by treaty from Louisiana, and not Included
within the limits OF the State of Louisisns. The
difficulty which meets US at the threshold ia, whe-
ther Congress is authorized to pass such law
under the powers granted to it by the constitu~ :
tiops The plaintiff dwells much on the clause
which gives Congress power ito make all need
fuI rules and regulaiions respecting the territory
or other property of the United States" But this
provision has no bearing on the present controS
yersy. The power there given is con fiued to the
territory which then belonged to the United
States and can have no influence on territory
which was acquired from foreign governments
The Justice then referred to the cessions of land
by Virginia and other States, ssyl0S the only OBJ
iect was to put an end to existing controv sizes
and to enable Congress to dispose of the lRL DIS
for the common benefit Undoubtedly, the pow or
OF sovereignty and eminent domain was ceded In
the act This was proper to make It essential
There was then government in existence,
with enumerated powers. What was called the
States were thirteen Independent colonies. which
entered into confederation for mutual protection
1t was little more than q consi ess OF AMBASSADORS
in which all had q common concern 1t was this
congress which accepted the cession from Virgi-
mia. They had no right to do 30 under the arts
cles of confeder alton, but they had right as In
dependent powers to accept the land for the com
mon benefit; and it is equally clear, having no
superior TO control them, they had right TO ex-
ercise absolute dominion, subject only to the re-
strictions which Virginia imposed. Ihe ordnance
of 1857 was adopted. by which the Territory
should be governed, and among other provisions
was one that slavery or involuntary serVituae
should be prohibited, except for crime.
This was the state of things when the copstfo-
ton was formed The territory ceded by virginia
belong ged to the several confederate States as com
mon property. The States were about to dissolve
the confederation and surrender portion OF their
power for the formation of new government, and
the language used limited and specified the objects
70 be accom- pished II was obvious shat some pro-
vision was now necessary to give the new gev'
ernment the power to carry into effect every OBJ
iect for which the territory was CT ded Ii was ne
csssary that the lands should be sold to pay the