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by drewbug 396 days ago
https://en.wikipedia.org/wiki/Constitution_of_the_Confederat... clarifies a lot:

> The U.S. Constitution states in Article IV, Section 2, "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States." The Confederate Constitution added that a state government could not prohibit the rights of slave owners traveling or visiting from a different state with their slaves.

Similar to the Fugitive Slave Clause, this does not invalidate the Dred Scott opinion that "a State may unquestionably prohibit slavery within its territory."

1 comments

Huh, it never got tested in the Confederacy but it's interesting their Constitution might not have protected it. I'm very curious what the Confederate Supreme Court would have said if it ever had existed.

I wonder if that it's not clearly protected based on US jurisprudence is an oversight because apparently the Barron v Baltimore decision wasn't well known at the time according to the wiki article you linked on it and the VP was so adamant that it is.

It was a major topic of discussion at the Confederate States Constitutional Convention; the fire-eaters lost: https://dn720307.ca.archive.org/0/items/journalofcongres00co...

> In thus constructing the fundamental law, of course, a struggle has occurred in the secret sessions of the Montgomery Congress, in which those refusing to close the door against the reception of anti-slavery States have achieved a victory.

https://www.cw-chronicles.com/blog/admission-of-northern-sta...