Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1857-03-25

benefit ii was formed. II Vas formed BY the
~ had been members Of the
original Statas--and the great object was to
fsseeare the blessings Of liberty for ourselves
and our poEterity It speaks in general
terms Of citizens ans. people Of the United
States when providing for the powers grant
ed, without defining what description Of per
sons should be included, or who should be
regarded as citizens. But two clauses Of
the Constitution point TO the negro race as
separate, and not regarded as citizens, for
whom the Constitution was adopted. One
clan3e reserves the right to import slaves UNI
til 1903, and in the second the States pledge
themselves. one to another, to preserve the
rights Of the master, and to deliver up slaves
escaping to their respective territories. By
the Grst clause the right to purchase and
hold this property is directly sanctioned and
authorized by the persons who framed the
Contribution, for twenty years; and the States
pledged themselves to uphold the rights of
the master as long as the Government then
formed should endure And this shows con-
clusTely that another description of persons
werd embraced in the other provisions of the
Constitution. These two clauses were not
intended to confer upon them or their pos
terig the blessings of liberty 30 carefully
conferred upon the whites. None of this
class ever emigrated to the United States vol
unfairly. They were all articles of mer.
chandise. The number emancipated was
few as compared with those who were held
in slavery, and not sufficiently numerous to
attract public attention as a separate class,
and were regarded as part of the slave pop
ulation, rather than free
1tcannot be supposed that the States con-
ferred citizenship upon them; for all those
States at that time established police resu
lations for the security of themselves and
families, as well as of property. In some
minor cases, there were different modes oil
trial. and it could not be supposed that those
States would have formed or consented to
Government which abolished this right, and
took from them the safeguards essential to
their own protection. They have not the
right to bear arms, and appear at public
meetings to discuss political questions, Oh
urge measures of reform which they might
deem advisable. They cannot vote at cleo
tlons, nor serve as jurors, nor appear as wit
nesses where whites are concerned. These
rights are secured in every State to white
mem 1t is impossible to believe that the
men of the slaveholding States, who took so
large share in the formation of the Consti
tuition could be so regardless of themselves
and the safety Of those who trusted and con
fded in them
Every law of naturalization confines citi
zenship to ,ohite persons. This is marked
separation from the blacks Under the Con.
federation, every State had a right to decide
fnr StsaIf nd fho bol, 10
the generality of form, certainly excluded the
latter especially. Underthe Constitution the
word "citizen is substituted for free inhab
liant After further elaboration on this
point, the Chief Justice said, from the bes,
consideration, we have come to the conclu.
sion that the African race who came to this
country, whether free Or slave, were not in.
tended to be included in the Constitution for
the enjoyment of any personal rights or ben
efits..; and the two provisions which point to
them treat them as property, and make it 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
bred Scott is not q citizen of Missouri, and
is not, therefore, entitled to sue in the United
States Courts
The following facts appear on the record
sin tlleyear 1884, the plaintiff was negro
slave belonging to DR.. Emerson who was a
surgeon in the army of 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 oil
Illinois, and held him there rs slave until
the month of April, 1886. At the time last
mentioned, said DR.. Emerson removed the
plaintiff from said military post at Rock Is.
land to the military post at Fort Smelling,
situated on the west bank Of the Mississippi
river, in the territories known as Upper Lou
isiana, acquired by the United States of
France, and situated north Of the latitude of
360 i3O\ north, and north ofthe State of Mis-
souri,. Said Dr. Emerson held the plaintiff
in slavery at Font Smelling until the year
1888.
ain the year 1885, Harriet, (who is named
in the second count of the plaintiff deciara-
ticn,) was the slave of Major Taliaferro, who
belonged to the army of the United States
In that year, (ls35,) said Major Taliaferro
took said Harriet to said Fort Smelling, q
military post situated as hereinbefore stated
and kept her there as a slave until the year
1886, and then sold and delivered her as a
slave at Fort Smelling unto said Dr. Emerson
hereinbefore named and said DR.. Emerson
held said Harriet in slavery ut said Fort
Smelling until the year 1888.
ln the year 1886, the plaintiff and said
Harriet, at said Fort Smelling, with the con-
sent of said Dr. Emerson, who then claimed
to be their master and owner, intermarried,
and took each othea for husband and wife.
Eliza and Lizzie, named in the third count
,,lo Jon 1o, ~ &c
that marriage. Eliza is about fourteen years
old, and was born on board the steamboat
Gipsey north of the north line of the State
of Missouri, and upon the Mississippi river;
Lizzie is about seven years old, and was
born in the State of Missouri, at the military
post called Jefferson Barracks.
sIn the year 1888, said Dr. Emerson re-
moved the plaintiff and said Harriet, and
their said daughter Eliza, from said Fort
Smelling to the State of Missouri where they
have ever since resided.
"Before the commencement of this suit,
said Dr. Emerson sold and conveyed the plain
tiff, said Harriet, Eliza and Lizzie, to the de-
PENDANT as slaves, and the defendant claimed
to hold each of them as slaves.
CAT the times mentioned in the plaintiffs
declaration, the defendant, claiming to be
the owner as aforesaid, laid his hands upon
said plaintiff Harriet, Ella and Lizzie, and
imprisoned them; doing in this respect how
ever no more than what he might lawfully
do if they were of right his slaves at tines
The Chief Justice proceeded to examine the
assuming that this part of the
controversy presents two questions:
Firstly. Was he (ocott) and all his family
free in Missouri; and
Secondly. If not were they free by rea-
son Of their removal to Rock Island, Illinois.
The act of Congress on which the plaintiff
relies contains the clause, that slavery and
servitude, except for crime, shall
be forever prohibited in that part of the ter
ritory acquired by treaty from Louisiana, and
not included within the limits Of the State of
Louisiana The difficulty which meets us
at the threshold is, whether Congress is au-
thorized to pass such law under the powers
granted to it by the Constitution The plain
tiff dwells much on the clause which gives
Congress power "to make all needful rules
and regulations respecting the territory or
other property of the United States. But
this provision has no bearing on the present
controversy. The power there given is con-
fined to the territory which then belonged to
/ . ~ IS