Examples might easily be multiplied of this use of the word, but they are unnecessary, because it is familiar. And the laws and usages of nations, and the writings of eminent jurists upon the relation of master and slave and their mutual rights and duties, and the powers which Governments may exercise over it have been dwelt upon in the argument. It has been supposed, in the argument on the part of the plaintiff that the eighth section of the act of Congress passed March 6, 1820, 3 St. at Large, p. 544, which prohibited slavery north of thirty-six degrees thirty minutes, within which the plaintiff and his wife temporarily resided at Fort Snelling, possessed some superior virtue and effect, extraterritorially and within the State of Missouri, beyond that of the laws of Illinois or those of Ohio in the case of Strader et al. Undoubtedly they have been debarred from the exercise of particular rights or privileges extended to white persons, but, I believe, always in terms which, by implication, admit they may be citizens. Here, again, the consideration presses itself upon us that, if there was designed to be a particular class of native-born persons within the States, deriving their citizenship from the Constitution and laws of the United States, they should at least have been referred to as those by whom the President and House of Representatives were to be elected, and to whom they should be responsible. In 1853, Scott again sued for his freedom; this time under federal law. The weight of this decision is sought to be impaired from the terms in which it was described by the exuberant imagination of Curran. ", Whether, therefore, we take the particular clause in question, by itself, or in connection with the other provisions of the Constitution, we think it clear that it applies only to the particular. And we are satisfied that no one who reads attentively the page in Peters' Reports to which we have referred can suppose that the attention of the court was drawn for a moment to the question now before this court, or that it meant in that case to say that Congress had a right to prohibit a citizen of the United States from taking any property which he lawfully held into a Territory of the United States. The condition subsequently sought to be annexed in 1787 (declared, too, to be perpetual and immutable), being contradictory to the terms and destructive of the purposes of the cession, and after the cession was consummated, and the powers of the ceding party terminated, and the rights of the grantees, the people of the United States, vested, must necessarily so far have been ab initio void. Upon an appeal to the Supreme Court from a judgment against the plaintiff, Roane, Justice, in delivering the opinion of the court, after disposing of other questions discussed in that case, remarks: "As to the deed of emancipation contained in the record that deed, taken in connection with the evidence offered in support of it, shows that it had a reference to the State of Virginia, and the testimony shows that it formed a part of this contract, whereby the slave Milly was to be brought back (as she was brought back) into the State of Virginia. Under this head I shall chiefly rely on the decisions of the Supreme Courts of the Southern States, and especially of the State of Missouri. The Scotts' cases were first heard by the Missouri circuit court. If she depends upon such freedom conveyed by a mere residence in England, she complains of a violation of right which she possessed no longer than whilst she resided in England, but which totally expired when that residence ceased, and she was imported into Antigua. It does not speak of any territory, nor of Territories, but uses language which, according to its legitimate meaning, points to a particular thing. The argument against these decisions is that the laws of Illinois forbidding slavery within her territory had the effect to set the slave free while residing in that State, and to impress upon him the condition and status of a freeman, and that, by force of these laws, this status and condition accompanied him on his return to the slave State, and, of consequence, he could not be there held as a slave. In that year, Major Taliaferro took Harriet to Fort Snelling, a military post situated as hereinbefore stated, and kept her there as a slave until the year 1836, and then sold and delivered her as a slave, at Fort Snelling, unto Dr. Emerson, who held her in slavery at that place until the year 1838. The passage referred to is in page 26 U. S. 542, in which the court, in speaking of the power of Congress to establish a Territorial Government in Florida until it should become a State, uses the following language: "In the meantime, Florida continues to be a Territory of the United States, governed by that clause of the Constitution which empowers Congress to make all needful rules and regulations respecting the territory or other property of the United States. It has no power of any kind beyond it, and it cannot, when it enters a Territory of the United States, put off its character and assume discretionary or despotic powers which the Constitution has denied to it. But no example, we think, can be found of his admission to all the privileges of citizenship in any State of the Union after these Articles were formed, and while they continued in force. In 1783, Congress directed General Washington to continue his remonstrances to the commander of the British forces respecting the permitting negroes belonging to the citizens of these States to leave New York, and to insist upon the discontinuance of that measure. We proceed, therefore, to inquire whether the facts relied on by the plaintiff entitled him to his freedom. In referring to the precedents of 1798 and 1800, I find the Constitution was plainly violated by the invasion of the rights of a sovereign State, both of soil and jurisdiction, and in reference to that of 1804, the wisest statesmen protested against it, and the President more than doubted its policy and the power of the Government. I refer to a report in the House of Representatives, by John Randolph, of Roanoke, as chairman of a committee, in March, 1803 -- fifty-four years ago. 217, 6 M. and W. 511, 2 Curt.Ecc.R. No authority can be claimed under the Constitution of the United States, or any law of Congress. and, according to the decision in the case of Strader et al. There is with me nothing in the law of slavery which distinguishes it from the law on any other subject, or allows any more accommodation to the temporary excitements which have gathered around it. And how does the power of Congress stand west of the Mississippi river? But it may acquire territory which, at the time, has not a population that fits it to become a State, and may govern it as a Territory until it has a population which, in the judgment of Congress, entitled it to be admitted as a State of the Union. Plea to the Jurisdiction of the Court. If that argument possesses any integrity, it asserts the power in any citizen, or quasi citizen, or a resident foreigner of anyone of the States, from a motive either of corruption or caprice, not only to infract the inherent and necessary authority of such State, but also materially to interfere with the organization of the Federal Government and with the authority of the separate and independent States. We have made this particular examination into the legislative and judicial action of Connecticut because, from the early hostility it displayed to the slave trade on the coast of Africa, we may expect to find the laws of that State as lenient and favorable to the subject race as those of any other State in the Union, and if we find that, at the time the Constitution was adopted, they were not even there raised to the rank of citizens, but were still held and treated as property, and the laws relating to them passed with reference altogether to the interest and convenience of the white race, we shall hardly find them elevated to a higher rank anywhere else. Loughborough v. Blake, 5 Wheat. 3. If the slaveholder is prohibited from going to the Territory with his slaves, who are parts of his family in name and in fact, it will follow that men owning lawful property in their own States, carrying with them the equality of their State to enjoy the common property, may be told, you cannot come here with your slaves, and he will be held out at the border. This may be characterized as rather a sharp practice, and one which seldom, if ever, occurs. Without government and social order, there can be no property, for without law, its ownership, its use, and the power of disposing of it, cease to exist in the sense in which those words are used and understood in all civilized States. I will proceed to state the grounds of that opinion. Our conclusion therefore is, upon this branch of the case, that the question involved is one depending solely upon the law of Missouri, and that the Federal court sitting in the State and trying the case before us was bound to follow it. It would therefore have been perfectly utopian to oppose a paper restriction to the violence of popular sentiment in a popular Government.". In February 1838, Emerson met and married Eliza Irene Sanford at Fort Jesup in Louisiana, whereupon he sent for the Scotts to join him. ", The inference of Mr. Madison, therefore, against the power of. I am not aware that the fact that it prohibited the use of a particular species of property, belonging almost exclusively to citizens of a few States, and this indefinitely, was ever supposed to show that it was unconstitutional. The opinion of the majority of my brethren in this case disposes of the case of Legrand v. Darnall by saying, among other things, that as the fact that the defendant was born a slave only came before this court on the bill and answer; it was then too late to raise the question of the personal disability of the party, and therefore that decision is altogether inapplicable in this case. That when a slave is taken to Illinois by his owner, who takes up his residence there, the slave is entitled to freedom. He cannot assign an error in such a judgment. [2][3][4], The Blows gave up farming in 1830 and moved to St. Louis, Missouri, where they ran a boarding house. And the inquiry is whether, after the marriage of the plaintiff in the Territory, with the consent of Dr. Emerson, any other State or country can, consistently with the settled rules of international law, refuse to recognise and treat him as a free man when suing for the liberty of himself, his wife, and the children of the marriage. Any other conclusion would involve the assumption that a subject of the gravest national concern, respecting which the small States felt so much jealousy that it had been almost an insurmountable obstacle to the formation of the Confederation, and as to which all the States had deep pecuniary and political interests, and which had been so recently and constantly agitated. They later had a daughter, Lizzie. Its judgment for the defendant must, consequently, be reversed, and a mandate issued directing the suit to be dismissed for want of jurisdiction. The question was whether it was negotiable under a statute of Ohio. If the laws of Congress governing the Territory of Wisconsin were constitutional and valid laws, there can be no doubt these parties were capable of contracting a lawful marriage, attended with all the usual civil rights and obligations of that condition. The residence of the plaintiff in the State of Illinois, and the residence of himself and his wife in the territory acquired from France lying north of latitude thirty-six degrees thirty minutes and north of the State of Missouri, are each relied on by the plaintiff in error. But although this may be correct, yet a rather strong expression of a general rule, it cannot be received as the annunciation of a maxim of universal application. In response, Chaffee said that neither he nor Mrs. Chaffee knew about the case until it was "noticed for trial". The first question presented on this act is whether Congress had power to make such compromise. State court. The defendant. Nor are the States or people restrained by any enumeration or definition of their rights or liberties. ", "Before the commencement of this suit, said Dr. Emerson sold and conveyed the plaintiff, said Harriet, Eliza, and Lizzie, to the defendant, as slaves, and the defendant has ever since claimed to hold them and each of them as slaves. Why was he set free in Illinois? The case was brought to this court under the twenty-fifth section of the Judiciary Act. ", Without referring for precedents abroad or to the colonial history for similar instances, the history of the Confederation and Union affords evidence to attest the existence of this ancient law. ", It will be observed that, under this Confederation, each State had the right to decide for itself, and in its own tribunals, whom it would acknowledge as a free inhabitant of another State. 3, 2 Fontblanque, p. To enable the United States to fulfil the treaty, additional population was indispensable, and obviously desired with anxiety by both sides so that the whole country should, as soon as possible, become States of the Union. this maxim may be, it is not necessarily of universal application. See also Hunter v. Fletcher, 1 Leigh's Va.R. The plea in abatement, impugning these jurisdictional averments, was waived when the defendant answered to the declaration by pleas to the merits. I now come to inquire, under the sixth and last head, "whether the decisions of the Supreme Court of Missouri on the question before us are binding on this court.". Speaking for the court, Judge Grier said: "We entertain the highest respect for that learned court (the Supreme Court of Michigan), and, in any question affecting the construction of their own laws where we entertain any doubt, would be glad to be relieved from doubt and responsibility by reposing on their decision. Therefore the court ruled they had gained their freedom. The language of the Declaration of Independence is equally conclusive: "[w]hen in the course of human events it becomes necessary for one people to dissolve the political bands which have connected them with another, and to, assume among the powers of the earth the separate and equal station to which the laws of nature and nature's God entitle them, a decent respect for the opinions of mankind requires that they should declare the causes which impel them to the separation. 2006, a new historic plaque was erected at the Old Courthouse to honor the roles of both Dred and Harriet Scott in their freedom suit and its significance in U.S. history. And this opinion is founded mainly, as I understand, on the distinction drawn between the Ordinance of 1787 and the Missouri Compromise line. That, under this fourth article of the Confederation, free persons of color might be entitled to the privileges of general citizenship, if otherwise entitled thereto, is clear. The court then, upon the prayer of the defendant, instructed the jury that upon the facts of this case agreed as above, the law was with the defendant. Chief Justice continues: "The perfect equality of the different States lies at the foundation of the Union. was nevertheless overlooked, or that such a subject was not overlooked, but designedly left unprovided for, though it was manifestly a subject of common concern which belonged to the care of the General Government, and adequate provision for which could not fail to be deemed necessary and proper. Darnall answered, averring in his answer that he was a free man, and capable of conveying a good title. State Bank v. Knoop, 16 How. Every enactment not expressly limited in its. [19] However, Sanford had been involved in the case since the beginning, as he'd secured a lawyer to defend Mrs. Emerson in the original state lawsuit, before she married Chaffee.[9]. and "that the General Court of Massachusetts, on a late occasion, openly recognised the principle." This was the point directly before the court, and the decision that this court had not jurisdiction turned upon it, as will be seen by the report of the case. But the language of the law above quoted shows that citizenship. If, therefore, it were admitted that the treaty between the United States and France did contain an express stipulation that the United States would not exclude slavery from so much of the ceded territory as is now in question, this court could not declare that an act of Congress excluding it was void by force of the treaty. One is that, though Congress can make a regulation prohibiting slavery in a Territory, they cannot make a regulation allowing it; another is that it can neither be established nor prohibited by Congress, but that the people of a Territory, when organized by Congress, can establish or prohibit slavery; while the third is that the Constitution itself secures to every citizen who holds slaves, under the laws of any State, the indefeasible right to carry them into any Territory and there hold them as property. To determine whether any free persons, descended from Africans held in slavery, were citizens of the United States under the Confederation, and consequently at the time of the adoption of the Constitution of the United States, it is only necessary to know whether any such persons were citizens of either of the States under the Confederation at the time of the adoption of the Constitution. The example of Virginia was soon afterwards followed by other States, and, at the time of the adoption of the Constitution, all of the States, similarly situated had ceded their unappropriated lands, except North Carolina and Georgia. But this Northwestern Territory was not the only territory the soil and jurisdiction whereof were then understood to have been ceded to the United States. He answers: "The difficulty of adopting the relation, without adopting it in all its consequences, is indeed extreme, and yet many of those consequences are absolutely contrary to the municipal law of England. 6 C.R. And the common law, as Blackstone says, 4 Com. He states, first, the third section as giving power to Congress to govern the Territories, and two other grounds from which the power may also be implied. Judge Story observes in his Conflict of Laws, p. 24, "that a State may prohibit the operation of all foreign laws, and the rights growing out of them, within its territories. The compacts with North Carolina and Georgia were treaties also, and stood on the same footing of the Louisiana treaty, on the assumption of power to repeal the one, it must have extended to all, and Congress could have excluded the slaveholder of North Carolina from the enjoyment of his lands in the Territory now the State of Tennessee, where the citizens of the mother State were the principal proprietors. ", "In the year 1835, Harriet, who is named in the second count of the plaintiff's declaration, was the negro slave of Major Taliaferro, who belonged to the army of the United States. 22 U. S. 192, "a want of acuteness in discovering objections to a measure to which they felt the most deep-rooted hostility will not be imputed to those who were arrayed in opposition to this,". of Missouri which should thus annul a marriage, lawfully contracted by these parties while resident in Wisconsin, not in fraud of any law of Missouri, or of any right of Dr. Emerson, who consented thereto, would be a law impairing the obligation of a contract, and within the prohibition of the Constitution of the United States. In the legislative debates which preceded the admission of the State of Missouri into the Union, this question was agitated. In 1788, the resident minister of the United States at Madrid was instructed to obtain from the Spanish Crown orders to its Governors in Louisiana and Florida, "to permit and facilitate the apprehension of fugitive slaves from the States, promising that the States would observe the like conduct respecting fugitives from Spanish subjects.". In 1851, the Court of Appeals of South Carolina recognised the principle that a slave, being taken to a free State, became free. A naturalized citizen cannot be President of the United States, nor a Senator till after the lapse of nine years, nor a Representative till after the lapse of seven years, from his naturalization. 336; Am. A question has been alluded to, on the argument, namely, the right of the master with his slave of transit into or through a free State, on business or commercial pursuits, or in the exercise of a Federal right, or the discharge of a Federal duty, being a citizen of the United States, which is not before us. This decision ranks among the most infamous in the history of the Supreme Court, but it is important to remember that it simply rationalized the prevailing social system in a large part of the United States at the time. In the last-mentioned case, Capron brought an action against Van Noorden in a Circuit Court of the United States without showing, by the usual averments of citizenship, that the court had jurisdiction. A slave is brought to England from one of its islands, where slavery was introduced and maintained by the mother country. Testimony was taken on this point, and at the hearing, the Circuit Court was of opinion that Darnall was a free man and his title good, and dissolved the injunction and dismissed the bill; and that decree was affirmed here, upon the appeal of Legrand. There are some eight of them reported previous to the decision in the case before us, which was decided in 1852. their internal and domestic concerns, and bound together as one people by a General Government, possessing certain enumerated and restricted powers delegated to it by the people of the several States, and exercising supreme authority within the scope of the powers granted to it throughout the dominion of the United States. Each of the States surrendered its powers of war and negotiation, to raise armies and to support a navy, and all of these powers are sometimes required to preserve a State from disaster and ruin. On closing the testimony in the court below, the counsel for the plaintiff prayed the court to instruct the jury, upon the agreed state of facts, that they ought to find for the plaintiff, when the court refused, and instructed them that, upon the facts, the law was with the defendant. Slaves were not, in legal parlance persons, but property. The laws of each have no extraterritorial operation within the jurisdiction of another except such as may be voluntarily conceded by her laws or courts of justice. 94, and by the Supreme Court of Louisiana in the Case of Maria Louise v. Marot, 9 Louis.R. The word "regulate," or "regulation," is several times used in the Constitution. Such laws can have no inherent authority extraterritorially. 2. It appears, then that the only power expressly granted to Congress to legislate concerning citizenship is confined to the removal of the disabilities of foreign birth. Whether they should be thus governed solely by laws enacted by Congress, or partly by laws enacted by legislative power conferred by Congress, is one of those questions which depend on the judgment of Congress -- a question which of these is needful. 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