Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-07-15
MORE FRUITS OF THE DRED SCOTT
DECISION.

the higher court in Mississippi will speak for
itself with ample emphasis. We note one
fact the old doctrine that all men are free,
unless placed in different condition by pos
tive law, is exactly reversed in respect to
colored men.
CAN a FREE NEGRO OF ANOTHER STATE
TAKE PROPERTY BY WILL IN MISSISSIPPI
IMPORTANT DECISION or THE HGGH COURT
or APPET1s AND ERRORS.
From the Mssi.sppian, June "a.
A case involving the right of free negro
Of another State to take property by will in
this State has recently been adiudcated by
the High Court Of Errors and Appeals and
as the decision embraces principles Of the
utmost magnitude, we have improved the
earliest opportunity to spread it before the
public. The able and lucid decision was pro-
nounced by Judge Harris-ChicfJustic Smith
concurring. lis proper to mention that a
dissenting opinion was delivered by Judge
Handy
The following summary will facilitate the
general reader in arriving at an exact com
prehension Of the points decided by the
court
1. A free negro from another State with
out permission by our laws. is incapable of
taking property by will in this State
.. In the absence Of positive law in this
state securing to them rights here neither
the citizens nor inhabitants of other States or
nations have any rights in the State Of Mis-
sssippi, excepting those resulting from the
laws Of comfy existing among civilized States
and nations.
3. 1t is especially true of the African. ac-
cording 10 the case Of Scott agt. Sanford
10Th How'd, that be has no rights but such
as those who hold the government and the
power choose to give him.
4. For more than century before the a.
dopton of the Federal Constitution. Afri-
cans were regarded by the civilized world as
being, Of an inferior order, and so far infe-
rior that they had no rights which the white
man was bound 20 respect. They were bought
and sold as ordinary articleo of mcrchan-
disc. And this opinion and practice was at
that time fixed and universal in the civilized
portion of the white race. and was directly
introduced into the colonies here By the gov
ernment of Great Britain
s. This state Of public opinion had under
gone no change when our Constitution was
adopted, as is evident from its provisions and
language
6 After the adoption Of the Constitution
Of the United States, the different States still
regarded them as an inferior race not en-
braced in its provisions, and not therefore en-
titled to the privileges and immunities Of
citizens Of other States
7. The reason for this is that they are alien
strangers Of an inferior class. incapable of
comfy; with whom our government has no
commercial, social or diplomatic intercourse
s. That with barbarians, sayages. perpetual
enemies, or nations who neither acknowledge
nor practice the laws of comfy, we can have
no such reciprocity of rights or obligations
They are to be regarded, therefore. not as
alien friends, but as alien enemies not per-
sonal enemies, but as alien strangers. who
neither extend nor receive the comfy and
civility which belong to enlightened nations,
and are incapable Of their appreciation and
enjoyment.
O. 1t is only by virtue Of the municipal
law of each State or nation, or By the law Of
civilized nations which is regarded as a part
of the municipal law of each-that aliens
have any rights at all and neither the mu-
nicipal law nor the law of nations has any
operation in the territory Of those who have
not, either expressly or implicitly, assentod
to their obligation
10. The laws of nations embrace civilized
nations only, and do not extend to barbarians,
sayages. or others who refuse to recognize
them
II. Under our statute law the descendants
of all female slaves lawfully in this State are
slaves.
-. A negro. by the laws of this State, is
priUd tGcie, slave.
nd stq fuf ho
divided into three classes
First-Slaves. or those legally held to SER
vice for life, and the descendants of the fe- ,
males Of them.
Second--Frce negroes or free persons of
color, or those slaves and their descendants ;
who have been manumittod or African ne
groes who have never been lawfully subjected
to slavery here.
Third-Mulattos, as intended to be en- 4,
braced in the 2d article of the list section of ;
the Code, chapter 33, or those who, though +
descended from free white mothers, have one ,
fourth or more negro blood.
All three of these classes are denied polit-
'al equality or association with the white a,
race, by our statutes.
IT. Alien free negroes or mulattos are ex- :
prossly prohibited by statute from coming q
Iulo tulH state ana, ON tcn duNs notlce 10 -
leave, may be caught OF captured by warrant, !,
and by order of the board Of county police, /
may be sold into slavery for life for non-com-
pliance,
Is. 1t is the policy of this State to inter 4
dict all intercourse, commerce or comfy with :
this race, and to enforce the strictest doc /
.rines of the ancient law applicable to alien
'Renies against them, except as to life or
limb, or personal protection.
TO- In the absence Of laws confirming such
lights, the African can neither take nor hold a
property in this State, by deed or devise, by
descent or purchase except those free per- 4
sons of color who may reside here 'permissi," +
II. The free negro, even after manumssion O
lere only stands in the position of an alien I
friend, or enemy "pern,issi," and is, there S
fore, only capable of those customary rights O
which are founded on the jus naturalc or jus |
JeHtilm.
49, Free negroes "prohibii," or who are u
here in violation Of our laws and policy are 1
entitled to no such rights they are to be re- t
garded as alien enemies or strangers ''pro- t
iibdi," and without the pale of comfy in n
capable of acquiring or maintaining rights of 4
in this State which will be recog-
Missed by our courts.
10 4 beoueSt TO a free woman of color an a