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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 U.S. 449 (1841)

handle is hein.slavery/ussccases0335 and id is 1 raw text is: JANUARY TERM, 1841. 449 MosEs GROVES AND JAMES GRAHAM, PLAINTIFFS IN ERROR, V. ROBERT SLAUGHTER, DEFENDANT IN ERROR. JOHN W. BRowN, MOSES GROVxS, R. M. ROBERTS, AND JAMES GRAHAM, PLAINTIFFS IN ERROR, v. ROBERT SLAUGHTER, DE- FENDANT IN ERROR. An action was instituted in the Circuit Court of Louisiana, on'a promissory note given in the state of Mississippi, for the purchase of slaves in that state. The slaves had been imported in 1835-1836, asmerchandise, or for sale, int Mississippiby anon-resident of that state. The constitution of Mississippi, adopted on the 26th October, 1832, declared tht the introduction of slaves into that.tate, as 1nerchsndi6, or for sale, shall 'be prohibited from and afterthe first day of May, 1839.'. Te ptieas to the note contended, in the Circuit Court, that the contract was void- asserting that it was made in violation of-the provision of the constitution of Mississippi, which, it was insisted, was operative after May 1, 1833, without legislative enactment to carry the same into effect. Held, that the prohibition of the constitution did not invalidate the con- tract, but that an act of the legislature of the state was required to carry it into effect; and no law on the subject of the prohibition in the zonstitution, was passed until 188s7. The construction of the provision in the constitution of Mississippi, relative to the introduction of slaves for sale, into that state, has notbeen so fixed and settled by the Courts of Missisiippi, as to preclude the Supreme Court of the United States from regarding it as an opin question. The language of the constitution o viously, points to something more to be dope, and looks to some future time, not only for its fulfilment, but for the means by which it was to be accomplished. But the mere graihmatical construction ought not to cn- trol the interpretation, unless it is warranted by the general scope and object of the provision. Under the constitution of Mississippi, of 1817, it is declared that the legislature shall have power to prevent slaves being brought into the state as merchandise. The time and manner in which this was to be done, was left touth6 discretion of the legislature; and, by the constitution of 1832, it is no longer a matter of diecretion when this prohibition is to take effect; but the 1st day of May, 1833, is fixed on es the time, before which the prohibition shall not operate. But there is nothing in this provision which looks like withdrawing the whole subject from the action of the legislature. On the contrary, there is every reason to believe, from the mere naked prohibition, that it looked to legislative enactments to carry it into full operadon; and, indeed, this is indispensable. There are no penalties or sanctions provided in the constitution, for its due and effectual operation. The constitution of 1832 looks to a change of policy on the subject, and fixes the time when the entire prohibition shall take effect; and it is a fair and reasonable conclusion, that it was the only material change from the constitution of 1827. 2 r2 57

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