Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-07-24

motive which led to the remarkable state
ments Of Chief Justice fancy but We
have no where seen so complete rcfuta
tiun Of them in 50 small compass.
from the y. Y. Independents
The fourth section Of the Articles Of Con
federation reads thus Tho free inhabitanti
Of each of these free States, plupers, vaga.
bonds, aud lugitives excepted, shall be en-
titled t. all privileges and immunitcs o.
IRE" citizens in the several states.
To this article South Carolina and Geor.
gia objected. 1t was referred to the sever
al State Legislatures. In June, l77S. il
was again considered. hlying been sub
mittcl to the different State legislatures,
The delegates of South Carolnu, under in.
struction, moved to amend this fourth arti
Gle by inserting the restrictive word WHITE
after free and before 'inhabitants, SO as to
read 'frcc wh,tc inhabitdnts.' This motion
was discussed and neg gatred-South Caro-
lima and Georgia alone voting for it, whilst
the vote Of Virginia was divided.
The Lcgisla ,ure of Virginia, in MAY.
l179 incorporated in a statute the restric t.
i've word 'rh,tc, which had been reiecto d
by the Congress on the preceding year,
'r:' "'pt"S ~ ,iui'V 'no aI''oii Vi '"c lour u
aI.l'le y. coil'eoern,'on' o III 'ne ye ar 60
!.''a 1'i,u.e ol - ., was IcPealvu' ana IN
''' f,"'0 was 9uoS'i'uVou Ino ioiio"lhg -
O.. 'i'1 Ps'No"S WI =. "i'uin ."o 'crritory
W W 'hiS Ooh h'h'h"ea''n' SHALL BE DEEMED
Oil'NLNS of lh'S OchNoH hAhin: (oVat
u@-e7 @ III hlrSe' VOL A', p; OF Inns law oil
% e'o'u ulouuueeu 'nIouei an the re-
l-IG when il was rppoalrl
r,ri az Sao "uo ol'loI Vi ''jo eo"e'l'I'ioi, ,
~. ~. nl'eu STATES eJ'ee eo'oI'" P'cPte oi
N"S'n't were, ny "e cypress Hd'"fe" l too'
r'EHrucu us tiuEehs Vi thaC coihihohWealtn' H.
Addltonal evidehcc Is lound IN the iol-
lowing statements All free male persons
between the age OF 10 and 60 shall by tine
commanding oihier OF the county In which
they reside, be enrolled or formed INTO com
rAnles' the Tree muIattoes in sad com.
rlnlcs or battallons to be employed
as or Tuihihers' hlers ana pioneers Again
AN rec "orh mae ihhaoitah's ABOVE the
aEeo ~ must take the oath OF aileGlahce'
Ntltutes at LrSe' vol TX ? -of-oV ana
81
men, III 'nf year OF LOS 'ne con'u,
,nupr oi the l hiVeu states was aunpteu' OIL
Tue 10 'uoc cl'enuehC severe i9ntIes' were
rGldy 70 vote ior t'!e ilniheula'e aooiltloh OF
HlNtry oniy oou'n Onrolinl ana Deorgii
"'''ll'i' CONSENT % 'iso' III VI tic .
S'"'c' '4'' ooiorcu persons WERE FcSArueu
:, a. N''iN-"o. - Wv wa VI '.o ".'o'u'io"'
e",y cL. ",. ii I'"i oi''iovGt i"'? '.'o Htnly
"nN % 'ouSu'' piou' am Suu'lo III tno pro-
''" 81 "HS'c' ~ ~ ii'Ii'I DIS l. u'ciy "s
C'' V"0 ""''u', ~ nv" '"o VIZ S
"'"''H 'H?l,''r' '"oy "c'o III !, nov l.
,"y'' ''t''.''u i WY "ru III a. nun",,
i,.i 49, w. ta'''' ''00s VI
','"m ,,i; ;,.'.' 'iiv,'"'''n''' ,La ~ ION 49,,
~ '''o .v''I" -.,3 o u u r. ''o t"o'I =,
mv.u ~ ,"I 9'tho ,ho S."o'' 'neu oolote' ~,
Inl frn, ,''.r,,,,snr n,,I,r al 20 iCr r. ~,
rrrsnns If rolor Ilorn then we have in rho
, venrnrI-u obnut II OOn cnI,raI yntors IN
| Tho I'nitrd states
Fr,m tLo yory bcc;,ri,,, or o,r ,,oror
mont nyoJ,c,jonS horr hna1 civcn ~ free
r,Inrnd sc,mcn as r,I,.,ns" ~ tLn I,r;,cI
/ Stntcs entitled IN tho rrotoct;on of tbc
| rnitc1 states os citizcns Dnring tho nre.
/ .iIcncv or Thomas .JclT.rson no ,ssnet ,
nrnclnmotinn Inv reason or tho OUTRAGE conn.,
/ mitted AGAINST the Unitcd states Wien rho
/ Inon,rI an EngIish armed vessel tont
out nf the Cbosonrakc nno or onr vesseIs
.r,ur 1,,c,,Con C,tj.In, two being white onf
two heinz colnrcd citizens
in lS43 lanes Ash n MARYLAND necrc
slave sned for b;s lihsrtv in tbo Circnit
Court If tho Tnited Stotcs If tho di.tr;c,
of rolu,nhi, II was corr;od nm IN th,
Tn;tod states Snnrene Conrt ,,bera hi,
Honor Chief .Instico Tanev inns dcIivere,
the decisinn Of tho Court .Th;s case !,
brourht here bv writ of error from the Cir
cuit I'ourt. and came before the Court nm
on a petition for freedom. 1t appeared up
on the trial that the petitioner was tn,
nropertv of Mary Ann Greenfield. of Prime,
t;aorpe's county in the State of MARYLAND
who died in 1884 having dulv made her las
will and testament. whereby. among othe
things. she beoueatbed the petitioner. will
sundry other slaves. to her nephew. G.. T
Greenfield with n nroviso IN the followin,
words ,proviied he shall not carry then
out of the state of MARYLAND. or sell then
Ia nnv nne in other nf which events | y,il
and devise the said necrnes ia be free f,
IiCr' Tunn the death of the testatriy. q
~. Greenfield took nossession of the nett
TONER fJnmcs AshI until December 1880
when he sold the uetitioner tn the de(,p
Jant. Williams ! and the petition fo
freedom WAS filed shortly after sale. ITpol
this evidence the Circult Court instrurtc
the Jury. that by the fact of such sale of tn
petitioner, the estate or property of th
urtitiouer. so beoueathed to Greenfield
ceased and determined. and Le therefor
became entitled to his freedom. We thin
a beuuest in the will was a conditional limi
tation of freedom to the petitioner, an
that il took effect the moment he was sold
the Indictment of the Circuit Court is there
fore affirmed Williams rs. Ash, How
ard, Ecports. vol. j.. n. l2--l4l Here
slave WHO never had been free, sued in til
United States Court for his freedom. an
Chi,fJustire fancy recognized him as en-
titled to sue to make his claim for hi
rights. The Supreme Court exercised uri,
dIrtion. heard his plea, decided that hi
claim MAS a ri,ht one. and gave him free
dom.
In the wear lN57, the same Chicr-Justic
1aucv m irving his oripion in the case q
Drad Scptt, who also sued for his freedom
declared that the Court had no jurisdiction
inasmuch as "A colored man-a descendant ,
the African race-is not and cannot be
citizen orthe United States; cannot sue i
any court of the United States. lie ais