Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-14

"it becomes necessary for one people to dissolve
"the political bonds which have connected them
with another, and to assume among the powers
''of the earth the separate and equal station 10
(Which the laws Of nature and of nature s God
"eniiiles them, decent respect to the opinions
"of mankind requires that they should declare
''ihe causes which impel them 10 the separa-
"iUn - and then proceeds 1--WE hold these
"iruihs to be sci.evident-th all men are Gre
"ated equal that they are endowed by their
"Creatur " it'll certain nalienabe rights that
"among these are life, liberty and pursuit of
"happincss. That To secure these rights, Gov
"crnments are instituted among men, deriving
"their just powers from the consent Of the gov
"erned,' &c. The words before quoted would
seem to embrace the whole human family and
il used in a similar instrument at This day would
lie so understood. But it is too clear for dispute
that the enslaved African race was not intend
ed to be included, for, in tina, case, the dstins-
uished men who framed the Declaration of In
dependence would be nagranily against the prin-
cples which they asserted. They who framed
the Declaration Of Independence were men Of
too much honor, education and intelligence, TO
say what they did not believe and they knew
that in no part Of the civilized world were the
negro race by common consent, admitted to the
rights of lreemen. They spoke and acted ac-
cording to The practices, doctrines and usages
Of the day. That unfortunate race was suppos-
ed 10 be separate from the whites, and was new
err thought or spoken of except as property
These opinions underwent no change when the
Constitution was adopted. The preamble sets
forth for what purpose and for whose benefit it
was formed. 1t was formed by the people
such as had been members OF the original States
and the great object was to secure the bless
"ings of liberty to ourselves and our posteriiy."
1t speaks in general terms of citizens and peo-
pie of the United States when providing for the
powers granted, without defining what descrip-
ton Of persons should be included, or who should
be REGARDED as citizens. But two clauses Of
the Constitution point To the negro race as sep
araie, and not regarded as citizens, for whom
the Constitution was adopted One clause re-
serves the right 10 import slaves until 1868, and
in the second the States pledge themselves one
TO another. 10 preserve the rights the master,
and 10 deliver up slaves escaping to their re-
speclive Territories. BY the first clause the
right TO purchase and hold this property is d.
rectly sanctioned and authorized by the persons
who framed the Constitution, for twenty years;
and the States pledged themselves 10 uphold
the right of the master as long as the Govern
ment then formed should endure. And this
shows concusively that another description Of
persons were embraced in the other provisions
of the Constitution. These two clauses we're
not intended 10 confer upon them or their pos
terity the blessings of liberty so carefully con-
lerred upon the whites. None of this class
ever emigrated TO the United States voluntarily.
They we're all articles Of merchandise. The
number emancipated was few as compared with
those who were held in slavery, and not sufIi-
GENTLY numerous 10 attract public attention as
separate class, and were regarded as par, Of
the slave population, rather than free.
1t cannot be supposed that the States confer
! red citizenship upon them for all those States
at that time established police regulations for
the security of themselves and families, as well
as OF property. In some minor cases there
were different modes of trial, and it could no,
10 Jseru,uurr, Ii,ic,t fov,
ished this right and took from them the safe
guards essential TO their own protection. The,
have not the right TO bear arms and appear a
public meetings TO discuss political questions Of
urge measures of reform which they nigh
deem advisable. They cannot vote at elections
nor serve as jurors, nor appear as witnesses
where whites are concerned. These rights ar,
secured in every State to white men. 1t il
impossible TO believe that the men Of the slave
holding States, who took so large a share il
the formation of the Constitution, could be S,
regardless of themselves and the safety of thos,
who trusted and confded in them.
Every law of naturalization confines citizen
ship 10 mlite persons. This is marked sep
aration from the blacks. Under the Confeder
alton every State had right 10 decide for il
sell, aud the term "free inhabitant," the gen
eraliiy of form, certainly excluded the African
race. Laws were framed for the latter espec
lally Under the Constitution the word "citi
zen" is substituted for free inhabitani." Al
Ter further elaboration on this point, the Chic
Justice said from the best consideration, W,
have come to the conclusion that the African
race who came to this country, whether free o
slave, were not intended to be included in In
Constitution for the enjoyment of any persona
rights or benefits; and the two provisions whic
point 10 them treat them as property, and max
J II the cuiy of the Government to protect then
as such. Hence, the Court is of opinion. from
! the facts stated in the plea in abatement, tia
bred Scoll Is not o citizen Of Missouri, and
! not, therefore, entitled to sue In The Unite
States Courts. The following facts appear O.
the record
"In the year 1884, the plaintiff was nerr
slave belonging to DR.. Emerson, who was n snr
geon in the army Of the United States. In tina
year (lS3i) said DR.. Emerson took the plainti
from the State Of Missouri to the military post n
Rock Island in the State of Illinois, and held hir
there as slave until the month of April, lS3G
At the time last mentioned, said DR.. Emerson re
moved the plaintiff from said military post at Roc
Island to the military post Mt Fort Smelling, situa
ted on the west bank of the Mississippi River. i
the territory known as upper Louisiana, acquire
by the United States from France, and situate
north Of the latitude of 500 30' north, and mort
of the State of Missouri Said DR.. Emerson hel
the plaintiff in slavery at said Fort Smelling unit
the year 1885,
sin the year 1886, Harriet (who is named i
the second count of the plaintiffs decaration) wa