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[459] distinction between slaves and other property, but1 expressly confers the right of property in slaves, and guarantees it to every State. Secondly, as an historical fact, citizenship under the Constitution was denied to the black race, which had, “for more than a century, been regarded as beings of an inferior order, and unfit associates for the white race, either socially or politically, and had no rights which white men were bound to respect.” Lib. 27.45.2 Thirdly, the3 control of Congress over the Territory of the United States was limited, under the Constitution, to the territory possessed at the time of the adoption of that instrument, and the clause in question had, in fact, a special reference to the territory ceded under the Northwest Ordinance. Fourthly, in consequence, so much of the4 Missouri Compromise as related to the exclusion of slavery from a certain part of the Louisiana purchase was inoperative and void. Fifthly, the legal condition of a slave5 returning from a free to a slave State was unaffected by his sojourn in the former, but depended upon the law of the latter. As, by the law of Missouri, Dred Scott was6 not a citizen, but still a slave, he could not sue in a United States court.

Whatever the intention of Judge Taney and the majority of the court, their deliverance was taken to mean both that Kansas and all other future embryo States were freely open to slaveholding immigration, and that the slaveholder would be protected by the Federal judiciary in carrying his human as well as his ordinary goods and chattels into the free States—a right already asserted by Judge Kane in the Passmore Williamson case. The7 steadily deepening feeling of wrath and resistance which the Kansas iniquity had evoked, now flamed out anew at the North. The decision was met by legislative resolutions8 and acts vindicating the freedom of all men—save the unhappy fugitive from slavery; by fresh obstacles to kidnappers,

1 Lib. 27.45.

2 Hence, whereas formerly passports had been granted to free colored men as citizens by the State Department, they were now refused in obedience to the ‘decision’ (Lib. 27: 43, 45, 54, 175; 28: 62).

3 Lib. 27.45.

4 Lib. 27.43, 45.

5 Lib. 27.43.

6 Lib. 27.45.

7 Ante, p. 426.

8 Lib. 27.57, 63, 66, 67, 69, 75, 103, 105, 115.

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