Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1858-11-25

less.
That your Committee may not be accused OF
disappearing the point, and the only point,
which the Court decided, or had right to de-
eide, we will quote that point in the language
of the plea in full first promising that bred
Scott, a citizen of the United States and Of the
State Of Missouri. who was, by the laws and
decisions of the Courts of Missouri, as much
entitled to his freedom as James Buchanan, or
either of the five Judges who pronounced
against him. commenced suit in tresspass in
the Curcuit Court of st. Louis County, Mpt
souri,, against John F. A. Sandl0rd for his
freedom, and for the freedom Of his wife Hair
riet and Of his daughters. Eliza and Lizzie,
who were with by force held as slaves by said
SANFORD. The case was tried in 1854, when
the Court decided that Scott, his wife and
daughters, were I'll entitled to their freedom.
The case then passed to the Supreme Court Of
the State, was remand ID to the Curcuit Court
Of the United States to await the decision of
the Supreme Court. which was rendered at
the last December term, but one, at Washing
ton. The plea on which the defendant relied
is IN these words
g That the plaintiff is a negro of African
descent, his ancestor, being of pure African
blood and were brought into this county and
sold rs slaves"
TIE truth of this plea being admitted on de-
murrer, Judge fancy delivered the opinion of
himself and Ills pro-slavcry brethren, that tor
Mis reason bred Scott is not included in that
clause Of the Constitution which gives juris-
dction to the Supreme Court in cases between
citizens of diff rent States. In deciding this
question:, the Court also decide that no free ne
Ia, al .Nt tlpcn IA How
in the States at the adoption Of the Coustitu-
ton. 81 that free negroes, whose ancestors
were free to the third and fourth generation,
who have been clothed, in the States, with all
the rights and privileges of citizens and free
men, If they are accidentally, either by force,
cunning or cupidity, reduced to Slavery, can
not maintain II suit to recover their liberty, but
must remain slaves for life. The Court has no
jurisdiction, and there is no alternative but to
submit to the law of force which reduces them,
their wives and daughters and all their pos
terlty, to cruel and ignomnous bondage for
| ever.
The reason, therefore as rendered by the
Court, for this decision is, that this class of per-
sons, thus excluded from citizenship, are of an
inferior order in point of civilization and re-
finement. The court say that" They had
been regarded as beings of an inferior order
altogether unfit to associate with the white
race, either in social or political relations
and so far inferior that they have no
rights which the white man was bound to
respect In the language of the plea they
are negroes-African blood in their veins aud
of African descent No matter how long they
may have enjoyed the rights and privileges Of
ireamen and citizens, yet they have no rights
which the white man or the Supreme
Court of the United States are bound to re-
spect.
Your Committee, after deliberate examina-
ton, are of opinion that all free persons Of
whatever color in the United States, or in any
Territory, if born in this country, are citizens
is born in foreign land they are aliens unit
naturalized that this is principle of unver
sal application to which there is no exception
to the Constitution of the United States, by the
Constitutions of amy of the States, or by the
decisions of any court until recently. The on
ly disabilities, therefore, existing to citizenship
in the United States are alenage in the free
and slavery in the slave States. The one Is re-
moved by naturalization, the other by enamel
potion Ali free negroes are therefore citizens
and have always been so regarded from the rev
oluton down to the present time. The high
est judicial tribunals of the slaveholdng State
have from the foundation of the Government
constantly recognized this principle. In 1881
the Supreme Court of North Carolina, IN
very elaborate opinion delivered in the cas-
Of the State vs. Manuel, laid down the doctrine
distinctly, that
" Foreigners until made members of tn
State continued aliens slaves manumitted her
tinr,f,,ra if hop,, -
North Carolina, ARE CITIZENS OF North CAEoLI
Ma and all free persons born m'th'n the Stat
are citizens Of the State.
Louisiana, Alabama, Missouri, Kentucky
and most of the other saveholdmg States, hay
recognized this doctrine by judicial dccisio
and by statutary provisions. On this point, al
50, the articles of the Confederation declare
that
" The free inhabitants of each of the State
shall be entitled to all the privileges and immu
mites of free citizens of the several States.
When, therefore. South Carolina moved t
amend this article by inserting the wor
:. iullite - before the words g free inhabitants,
the amendment was lost by vote of four
one, showing clearly that the statesmen an
patriots of that day were most emphatic j
their decisions against combining the right {
citizenship to white inhabitants only. 1t wa
with full knowledge of this fact, and Of thu
vote, that the Constitution Of the Unite
States was afterwards formed which declare
that
- The citizens of each State shall be entite
to privileges and immunites of citizens in tn
several States.
The right, therefore, to these privileges an
immunities DO the citizens of each State,
whatever color Or complexion, when in anoth,
State including the rig t to bring suits and |
made party in the Courts of the United Stat
against citizens Of other States, your Commits
consider fundamental right-a right unique
toned until now since the formation of tn
Government Any violation. therefore, of tn
right, is an equal violation Of the Constitute
Of the United States and of this State an
any Constitution or form Of government, whit
would permit the rights and liberties of
citizens thus to be put in jeopardy or destroye
is worthless and never binding on free pc
pie.
Thus your Committee perceive that by tue
doctrines and by these decisions of the Fede
= al Administration and the Federal Judiciar
if carried out to their legitimate conclusion
, Vermont is powerless and every free State
3 powerless, In defence Of, their own citizen
r Their State Sovereignty is gone. They a
mere satellites, teebly revolving round a gre
+ central power. One consolidated Governmer
t and only one exists, at the head of which stai
f the President and the Supreme Court. Lii
} the upper and the neither milestone, these t,
7 powers are ceaselessly at work, crushing t
G rights and liberties of tho masses as well as
Q the States.
Q By these States, and the millions of Peep
4 who inhabit them, will not always tamely a
J quiesce IN these unconstitutional encroachmer
on their rights The numerical strength al
t the moral power are with them, and if unite
as are the people Of the South on all qucstio
affecting thar interests, the time is not far d
r tant when the Constitution stall be rescu