Moses Groves James Graham v. Robert Slaughter John Brown, Moses Groves Roberts James Graham v. Robert Slaughter

• Decision Date: 01 January 1841
• Citation: 15 Pet. 449,40 U.S. 449,10 L.Ed. 800
• Parties: MOSES GROVES and JAMES GRAHAM, Plaintiffs in error, v. ROBERT SLAUGHTER, Defendant in error. JOHN W. BROWN, MOSES GROVES, R. M. ROBERTS and JAMES GRAHAM, Plaintiffs in error, v. ROBERT SLAUGHTER, Defendant in error
• Court: U.S. Supreme Court

40 U.S. 449

15 Pet. 449

10 L.Ed. 800

MOSES GROVES and JAMES GRAHAM, Plaintiffs in error, v. ROBERT SLAUGHTER, Defendant in error.

JOHN W. BROWN, MOSES GROVES, R. M. ROBERTS and JAMES

GRAHAM, Plaintiffs in error,

v. ROBERT SLAUGHTER, Defendant in error.

January Term, 1841

ERROR from the Circuit Court for the Eastern District of Louisiana.

In the first case, the defendant in error, on the 11th day of February 1839, had instituted a suit, by petition, in the circuit court of Louisiana, against the plaintiffs in error, on a promissory note for the sum of $7875, dated at Natchez, on the 20th of December 1836, payable at the Commercial Bank at Natchez, drawn by John W. Brown, to the order of, and indorsed by, R. M. Roberts, and also indorsed by Moses Groves and James Graham, payable at the Commercial Bank at Natchez, twenty-four months after date; which note had been regularly protested for non-payment.

In the second case, the suit had been instituted on the 5th day of April 1838, on a promissory note for $7000, also drawn by John W. Brown, payable at the Commercial Bank at Natchez, to R. M. Roberts, or order, at Natchez, and indorsed by him and the other plaintiffs in error, dated 20th December 1836, payable and negotiable, twelve months after date, and regularly protested for non-payment.

The answers of the plaintiffs in error, in both the cases, stated that the notes were given by the maker, Brown, to the plaintiff, in part payment of the price of certain slaves purchased by him from the plaintiff, and the notes were given at Natchez, in the state of Mississippi, on or about the day of their dates, respectively. That the petitioner, Robert Slaughter, did introduce into the state of Mississippi, after the 1st day of May 1833, the slaves for which the notes were given, as merchandize, and for sale; and did sell the slaves, so imported, to the said Brown; and did take, in part payment thereof, the said notes, whiah had been indorsed in bank by the respondents, to accommodate the said Brown. The respondents alleged, that the cause or consideration for which the notes were given was null and void, the notes were null and void, and of no effect; because the contracts on which they are found were in direct violation of the constitution of the state of Mississippi, which expressly prohibits the introduction of slaves into that state, as merchandize, or for sale, after the first day of May 1833.

Afterwards, on the 14th of June 1839, the following agreement was filed, in each of the cases, as a statement of facts by the parties. 'In this case, it is consented, that the question of fraud is waived by defendants, except as hereinafter reserved; the case is to be defended solely on the question of the legality and validity of the consideration for which the notes sued on were given. It is admitted, that the slaves for which said notes were given, were imported into Mississippi, as merchandize, and for sale, in the year 1835 and 1836, by plaintiff, but without any previous agreement or understanding, express or implied, between plaintiff and any of the parties to the note, but for sale generally, to any person who might wish to purchase. The slaves have never been returned to plaintiff, nor tendered to him by any of the parties to the notes sued on.'

The constitution of the state of Mississippi, adopted in 1832, provided, in the 2d section, title 'slaves,' as follows: 'The introduction of slaves into this state, as merchandize, or for sale, shall be prohibited from and after the first day of May 1833: provided, that actual settler or settlers shall not be prohibited from purchasing slaves, in any state in this Union, and bringing them into this state for their own individual use, till the year 1845.'

The cases were argued by Gilpin and Walker, for the plaintiffs in error; and by Jones, Clay and Webster, for the defendants.

Gilpin, for the plaintiffs in error.—This is a case which involves but a single question, yet, that it is one of surprising interest, is proved by the ability with which it has been discussed, the zeal and eloquence with which every position in relation to it has been scanned. The simple and single inquiry is, whether a contract, directly opposed to a constitutional provision, not accompanied with any legislative action, will be carried into effect by the judicial tribunals.

The first constitution of the state of Mississippi, was adopted on the 15th of August, 1817, and solemnly approved by congress (3 U. S. Stat. 472) and by the president, on the 10th December of the same year. In its article entitled 'slaves,' was this provision: 'The general assembly shall have no power to prevent emigrants to this state from bringing with them such persons as are deemed slaves by the laws of any one of the United States, so long as any persons of the same age or description shall be continued in slavery by the laws of this state: provided, that such person or slave be the bona fide property of such emigrants.' And afterwards, the same article continues, 'They shall have full power to prevent slaves from being brought into this state as merchandize.' In the year 1822, a law was passed (Revised Code of Miss. 155), declaring that if slaves were brought for sale, he who brought them must have a certificate, made before certain persons, of the place from which they came, to serve as evidence of their good character; and a severe penalty was imposed for a violation of it. In the same year, a law was passed (Revised Code of Miss. 154), declaring that persons held to service for life, in other states, and brought into the state of Mississippi, pursuant to law, and no others, should be deemed slaves. On the second Monday of September 1832, a convention met at Jackson, to amend the state constitution. The very first amendment proposed by the committee was to alter the article 'slaves,' by striking out the words, that the legislature 'shall have power to prevent slaves being brought into this state as merchandize,' and to insert in lieu of them, 'the introduction of slaves into this state, as merchandize, shall be prohibited after the ___ day of _____ 18__.' As soon as it came up for discussion, it was proposed to date the prohibition from May 1833. It was moved to make it 1899. The former was adopted. It was then proposed to add, that 'no law shall be passed before 1850, to prevent any citizen of the state from purchasing and bringing in slaves for his individual use.' This also passed. In the subsequent stages of the proceedings of the convention, the subject became matter of long debate, and was finally referred to a committee, of which Judge Trotter was a member, who reported the clause as it had stood before; leaving to the legislature the power to prevent the importation of slaves, as merchandize. To this, a clause was moved as an amendment, in the words now forming a part of the constitution, and adopted by a vote of twenty-six to seventeen; Judge Trotter and Governor Lynch both voting against it. That clause, thus adopted in lieu of that which was in the constitution of 1817, is in the following words: '§ 2. The introduction of slaves into this state, as merchandize, or for sale, shall be prohibited, from and after the 1st day of May 1833: provided, that the actual settler or settlers shall not be prohibited from purchasing slaves in any state of this Union, and bringing them into this state for their own individual use, until the year 1845.' The constitution also went on to declare, that all laws then in force, not repugnant to the constitution, should continue to operate till they expired by their own limitation, or till they should be repealed.

On the 2d of March 1833, the legislature, being in session, passed a law to submit to the people an amendment of the new constitution, to restore to the legislature power to regulate this subject, without the restraint of a constitutional provision. They enacted (Laws of Mississippi 478), 'that the second section of the seventh article of the constitution of the state, under the title or head 'slaves,' be so altered, changed and amended, as to read as follows, viz: § 2. The legislature of this state shall have, and are hereby vested with, power to pass, from time to time, such laws, regulating or prohibiting the introduction of slaves into this state, as may be deemed proper and expendient.' To make this law effectual to change the constitution, it was necessary that it should be approved by a majority of the citizens of the state, qualified to vote for members of the legislature. This was not done, and the clause in the constitution, therefore, remained as it was adopted in 1832.

When, on the meeting of the legislature, it was found that this proposed amendment was not adopted, the senate passed a bill again to submit it in exactly the same terms, to the people; thus showing that, in their opinion, a constitutional sanction was necessary to enable the legislature to regulate the subject. The house refused to concur in this; but both bodies united in passing the law of the 23d of December 1833 (Laws of Mississippi 525), to tax vendors of slaves. A more certain indication that this law was not meant to apply to importers of slaves for sale, but solely to citizens and residents who had occasion to vend them, could not be given. The house, at the same session, introduced a bill to provide penalties in aid of the constitutional prohibition. It did not then pass, but it became a law on the 13th of May 1837, which, owing to the biennial sessions of the legislature and the omission to hold one at the following regular term, was, in fact, at the next meeting of that body. This law (Laws of Mississippi 758) enforced the prohibition of importations for sale, by severe penalties, declaring that any persons who should introduce or import slaves into the state, as merchandize, should be guilty of a misdemeanor, and be fined and imprisoned.

In the year 1835 or 1836, as...