Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-03-21

OF manklhd requires that they should declare the
cnuses which mpel them to the separations" and
then proceeds 1--WE hold these truths to be self
evident--that all men created equal that they
are endowed by their Creator with certain innlien
able rights; that among these life liberty, and
the pursuit of happiness. That to secure ihcse
rights, Governments are instituted among men,
deriving their just powers from the consent Of the
governed" DC. The words before quoted would
seem to embrace the whole human family; and if
used In similar instrument at this day would be
so understood. But it is too clear for dispute that
the enslaved African race not intended to be
Included for, in that case tho distinguished man
who framed the Declaration of Independence
would be fagranty against the principles which
they asserted. They who framed the Declaration
of Independence were men Of too much honor, ed
ucatlon and intelligence, to say what they did not
believe; and they knew that in part of the civ
iiized world were the negro race by common con.
sent, admitted to the rights of ireemen. They
spoke and acted according to the practices, doe
trines aud usages Of the day. That unfortunate
race was supposed to be separate from the whites,
and Vas never thought spoken of except as
property. These opinions underwent no change
when the Constitution adopted. The pream
BILE sets forth for what purpose and for whose ben
eft 1t 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
ngs OF liberty to ourselves and our posterity." 1t
speaks in general terms Of citizens aud people of
the United StitcS when providing for the powers
d"Cui NitIouL utuiliHR Nuul Inscription OF per-
Suns should he included, or who should be regard
ed as citizens. But two clauses of the Constitu
ton point to the negro race as separate, and not
regarded as citizens, for whom tho Constitution
was adopted. One clause reserves the right to
import slaves until 1908, and in the second the
=, States pledge themselves to another to pre-.
serve the rights of she master and to deliver up
slaves escaping to their respective Territories. By
the first clause the right purchase and hold this
property is directly sanctioned and authorized by
the persons who framed the Constitutions for TWEEN.
ty years. and the States pledged them selves to up
hold the right of the long as the Govern
ment then formed should endure. And this shows
iconclusiyely that another description of persons
were embraced in the other provisions of the Con-
Stituton. These two clauses were not intended
to ccner upon them or their posterity the bless.
!ings ot liberty carefully conferred upon the
whites. None Of this cluss ever cmgrated to the
United States Voluntarily They were all articles
of merchandise The number emancipGtcd was
few a. compared with those who were held in sla,
very, and not sufficiently numerous to attract pub
lic attention separate class, and were regard
as part OF the slave population, rather than
free.
1t cannot be supposed that the States conferred
C tizenshp upon them; for all those States at tha,
time cstabliSbed police regulations for the security
OF themselves and families, well as of property
In some minor cases there were different modes of
trial, and 1t could not be supposed that those
States would have formed or consented to q Gov
ernme-t which abolished this light and took from
shem the safeguards essential to their own protec
| ton. They have not tie rig to bear arms and
appear at public meetings to discuss political ques-
tions OF urge measures Of reform which they mi rht
deem advisable. They cannot vote at elections
nor serve as jurors, nor appear witnesses where
whites are concerned. These rights are secured
in every State to white men. 1t is i'm pussible to
believe that the men of the slaveholding States
who took 50 large share in tho formation of the
Constitution, could he 30 regardless Of themselves
and the safety Of those who trusted and confded
! in them.
Every law Of naturalization confines citizenship
to ickite persons. This is marked separation
| from the blacks. Under the Confederation every
State had right to decide for ITSELF and the term
free inhabtant," the generality of form, certain
| Iy excluded the African race. Laws were for the
latter especially Under the Constitution tho
word Citizen is substituted for free inhabitant"
Alter further elaboration this point, the Ch ell
Jnstice said, from the best consideration. we have
come to the conclusion that the African race who
came TO .his 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 property and make it the duty cf the
Government TO protect them such. Hence, the
Court is of opinion, from the facts stated in the
plea in abatement that Dred Scott is citizen
Of Missouri, and is not therefore. entitled to sue
in the United States Cour.s. The following facts
appear On the record:
"In the year 1884, the plaintiff was negro
slave belong ng to DR.. Emerson, who was sur
geon in the army Cf the United States. In that
year QS34 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 April
| 1886. AT the time last mentioned, said Or. Emer-
son removed the plaintiff from said military post
az Rock Island to the military post at Fort Smell
ing, situated on the west bank oc the Mississippi
River, IN the territory known as Upper Louisiana
acquired by the United States from France, and
situated north of the latitude Of 360 30/ north and
north Of the State of Missouri Said DR.. Ewer-
held the plaintiff in slavery at said Fort Smell.
ing until the year 1888.
an the year 1885, Harriet (who is named in
the second count of the plaintiffs declaration)
was the slave of Major Taliaferro, who belonged
to the army Of the United States. In that year
(1S35) said Major Tanierro took said Harriet to
said Fort Smelling, military post situated rs
hereinbefore stated, and kept her there as slave
until the year 1886, and then sold and delivered
her a slave at Fort Smelling unto said Dr.
Emerson, hereinbefore named; and said DR.. Emer-
held said Harriet in Slavery at said Fort Smell
| ing until the year 1888.
I'm the year 1886, the plaintiff and 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
husband and wife. Eliza and Lizzie, named in
the third count OF the plaintiHs declaration, are
the fruit of that marriage. Eliza is about ii wears
DID, and was born on board the steamboat Gipsey,
north Of the north line of the State of Missouri
and uron the Mississippi river; Lizzie is about
seven years old, and was born in the State of
Missouri, at the military post called Jefferson Bar
racks.
"ln the year 1888, said DR., Emerson removed
the plaintiff and said Harriet, and their said
daughter Eliza, from said Fort Smelling to the
State of Missouri where they have ever since re-
sided.
Before the commencement of this suit, said DR..
Emerson sold and conveyed the plaintiff, said
Harriet Eliza and Lizzie, to the defendant as
slaves, and the defendant claimed to hold each of
them as slaves.
"At the times mentioned in the plaintiffs dec
laration, the defendant, claiming TO be Owner as
aforesaid, laid his hands upon said plaintiff Har.
riet, Eliza aud Lizzie, and imprisoned them; doing
J ing in this respect, however, no more than wha.