Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1859-06-29

-
sIssfppi.
The Supreme Court of Mississippi recently
adjudicated case where free negro emigra-
ting from Louisiana to that State, and alter
being there received bequest of certain pro-
property by VIII. The VIII was contested
by the heir at law of the testaior, and the de-
cision, which is published in full by the Ms
sissiPpian, was in favor. of the Plaintiff. We
take the following points of the argument on
which The decision proceeds, from that paper.
Justice HARRIS delivered the opinion, which
was concurred in by Oh. Justice SMITH. JUS
tice HANDY delivered dissenting opinion:
81. A free negro from another State with
out permission by our laws. is incapable of
taking property by will in this State.
2. In The absence of positive law in this
State securing to them rights here, neither
the citizens For inhabitants of other States or
nations have any rights in the State of Mis-
sissippi, except those resulting from the laws
OF comfy existing among caUilized States and
nations.
8. 1t is especially true of the African, ac-
cording to the case of Scott VS.. Sanford. 18th
Howe, that he has no rights but such as
those who held the Government and tie
power choose to give him.
4. For more than century before the adop-
ton of the Federal Constitution, Africans
were regarded by the civilized world as beings
of an inferior order. and so far inferior that
they had no rights which the white man was
bound to respect. They were bought and
sold. as ordinary articles of merchandise.
And this opinion and pr ctce was at that
time fixed and universal ia The civilized por-
ton of the white race, and was directly in
troduced into the colonies here, by the Gov
eminent of Great Britain.
5. 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 AL inferior race not embrace
ed in its provisions, and not therefore entitled
to the privileges and immunities of citizens
III other States.
Z. 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.
3. That with barbarans, savages. 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 Str0ngers-who
neither extend nor receive the comfy and
clvllty which belong to enlightened nations
and are incapable OF their appreciation or en-
Joyment.
9. 1t is only by virtue of the municipal law
Of each State or nation. or bV the law of
cicitized natiOns-which is regarded as part
of the municipal law of each-that aliens
have any rights at all; and neither the NUM-
clpal law nor the law of nations have any
operation in the territory of those who have
not, either expressly or implicitly aSSented to
their obligation.
10. The laws of nations embrace ciURized
nations only, and does not extend o barbara
ans, sayages, or others who refuse to recognize
them.
IL. Under our statute law, the descendants
of all female slaves lawfully in this State, are
slaves.
II. negro, by the laws of this State. is
prinsa fdcie slave.
-. Under our statutes, negroes may be d.
vided into three classes:
LIST. Slaves or those lawfully held to service
for life and the descendants of the females of
them.
I'd. Free negroes, or free persons of color,
or those slaves and their descendants who
have been manumitted; or African negroes
who have never been lawfully subjected to
slavery here.
in the I'd Article of the LIST Section of the
Code, Chapter 80, or those who tho descend
ed from free white mothers have one fourth
or more negro blood.
All three of these classes are denied politi-
cal equality or association with the white
race, by our statutes.
IA A II free negroes of mulattoes. are ex
prcssly prohibited by statute from coming
into this State; and on ten days notice to
la.
and by order of the Board of County Police,
may by sold into slavery for life for non
compliance.
Is 1t is the policy Of this State to inter-
dict all Intercourse, commerce or comfy.
with this race, and 10 enforce the slIcIest
doctrines of the ancient law applicable to
Gkicn enemies against them. except as 10 life or
limb, or personal protection.
10. In the absence of laws comforting
such rights the African can neither take nor
hold property i'll this State by deed or devise.
by descent or purchase; except those free
persons of color who may reside here .per-
r3issi."
II. The free negro, even after nianumission
here. only stands in the position of an alien
friend, or alien enemies ''pTeDuSSt;n aud is
therefore only capable of those customary
rights which are founded on the jus Haturaie
or jus geHtium.
Is. Free negroes ''prOhtGat," or who are
here in violation of our laws and policy, are
entitled to no such right; they are to be regard
ed us alien enemies or strangers ''prohiJih''
and without the pale of comfy; incapable of
acquiring or maintaining rights of property
IN this state which will be recognize by our
courts.
ID. a bequest to free woman of color an
inbabitant resident, or citizen of another
State, not permitted 10 reside here by our
laws, is void in this State"