The Washington union., 1857-05-29


ment is properly met by saying that the constitution was
intended TO be practical instrument and where Its
language too plain to be misunderstood the argument
ends.
In Chirse Us Chirs q Wheat 26l A Curtis, 99,) this
court says That the power of naturalization Is exelu
syey in Congress does not seem to be, and certainly
ought not to be- controversial" No person can legally
be made citizen of State and consequently citizen
of the United States of foreign BIRTH unless he be natu
izod under the acts of Congress Congress has power
" 10 establish uniform rule of naturalization.
1t is power which belongs exclusively TO Congress-
intimately connected with federal relations AState
may authorize foreigners TO hold real estate within It's
Jurisdiction but it has power TO naturaze foreigners
and give them the rights of citizens Such night Is
opposed to the acts of Congress the subject of natural
zation and subversve Of the federal powers regret
that any counenance should be given from this bench to
practice like this in of the States, which has no
warrant in the constitution.
In the argument it said that a colored citizen
would not be agreeable member of society. This IL
matter of taste than of law Several OF the States
have admitted persons of color to the right of suffrage,
and in this view have recognised them as citizens and
this has been done in the slave as well the free States
On the question of citizenship it must be admitted that
have not been very astdous Under the late treaty
with Mexico, have made citizens OF all grades, colnbl
nations, and colos The was done In the ADMISSION
of Louisiana and Florida No doubted, and no
held, that the people of these Territories did
become citizens under the treaty They have exer-
cised all the rights of citizens without being natualized
under the acts of Congress,
There several important principles involved IN this
case which have been argued and which may be consd
cred under the following heads
L. The locality of slavery, settled by this court and
the courts of the States.
O. The relation which the federal bears to
slavery in the States.
g. The power Of Congress to establish territorial gov
ernmcnts and to prohibit the introduction of slavery
therein
A. The effect of taking slaves into new State or Ter
rtory and holding them where slavery Is prohibited
g. Whether the return of slave under the control of
his master being entitled to freedom reduces
him to his former condition.
Are the decisions of the supreme court of Missouri,
the questions before us, binding on this court within
the rule adopted
In the course of my judicial duties have had
sion to consider and decide several of the above points
l. AS to the locality of slavery The civil law through
the continent of Europe is believed, without an
exception is that slavery exist only within the terri
tory where it is established and that if slave escapes,
is carried beyond such territory his master cannot
claim him. unless by virtue of some express stipulation
(Grotius, lib. O. chap Is, s. /; lib TO- chap 10, z il
Wicqueposts Ambassador, lib. !, p 4lS; Martin 1885,
Case of the Creole in the House of Lords 1912; Ph
more International Law, 3l6, 1861
There is nation in Europe which considers itself
bound to return to his master fugitive slave under the
civil law the law of nations On the contrary the
slave is held to be free where there is no treaty obga
tion, compact in other form, to return him to
his master The Roman law did not allow frsemen to be
sold An ambassador any other public unconary could
not take slave to France Spain any other country
of Europe, without emancipating him. number of
slaves escaped from FLORIDA pluntauon, ana were re-
ceived board of ship by Admiral Cochrane; by the
Kings Bench they held to be free. q Barn. and
Cres., 440.)
In the great and leading case Pgg The State Of
Pennsylvania l6 Peters 594 IA Curtis 42 this court
say that, by the general law of nations nation is
bound to recognise the state of slavery, found within
its territorial dominons, where it is in opposition to its
policy and institutions in favor of the subjects of
other nations where slavery organized If 1t docs it, it
is matter of comfy, and not matter of interna
tional right The state of slavery deemed TO be
municipal regulation, founded upon and limited to- the
range of the territorial laws This fully recognised
in Somersetts case afft's Rep, 20 Howells State
Trials 79) which decided before the American
luton.
There contrariey of opinion among the judges
certain points ruled in Priggs case but there
in regard to the great principle that slavery linn
tied to the range of the laws under which it is sanctioned
No case in England appears to have been thor
oughy examined than that of Somerset The Judgment
pronounced by Lord Mansfield the Judgment of the
Court of King Bench The argued at great
length and with great ability, by Hargravc and Others
who stood among the most eminent counsel in England
1t held under alvisement from term to term and
due of its Importance felt and expressed by the
bench.
In giving the opinion of the court Lord Mansfield
said
the state Of slavery is of such nature that it is in
capable of being introduced any reasons moral po
ca but only by positive law which preserves its force
long after the reasons OCCASION and time itself from
whence it created is erased from the memory it is
of nature that nothing can be suffered to support it but
positive law.
He referred to the contrary opinion of Lord Hardwicke
in October, 1I49 chancellor That he and Lord
Talbot, when Attorney and Solicitor General of
opinion that such claim here presented for freedom
valid. =
The weight of this decision is sought to be impaired
from the terms in which it described by the exuber
| ant imagination of Curan. The words of Lord Mans
field, in giving the opinion of the court, such
were fit to be used by great judge in most important
1t is sufficient to all objections to that
Judgment that it pronounced before the revolution
and that it considered by this court the highest
authority For century the decision in Somerset
case has remained the law of England The of the
slave Grace, decided by Lord Stowe in 1927 does not
has been supposed overrule the judgment of Lord
Mansfield Lord Stowell held that during the residence
of the slave in England "No dominion, authority, or
coercion can be exercised him" Under another
head shall have occasion to examine the opinion in the
! case Of Grace.
To the position that slavery only exist except
der the authority of law it is objected that in few If in
any instances has it been established by statutory enact
ment. This is to the doctrine laid down by
the court Almost all the principles of the common law
had their foundation in usage Slavery introduced
into the colonies Of this country by Great Britain at
early period of their history and it protected and
cherished until 1t became incorporated into the colonial
policy. 1t is mmaterial whether system of slavery
introduced by express law, otherwise if it have the
hority of law There slave State where the nstt
on is not recognised and protected by statutory enact
ments and judicial decisions Slaves made property
by the laws of the slave States and such liable to
the claims of creditors they descend to heirs taxed
( and in he South thew n subiect of commerce.