Legal Opinion

Cotton v. Brien

Supreme Court of Louisiana

Decided October 15, 1843PublishedCited by 10 opinions

Appeal from the District Court of Madison, Curry, J. The clause of the constitution or Mississippi prohibiting the introduction of slaves into that State for sale, after the 1 May, 1833, is in violation of the provision of the constitution of the United States, giving to Congress the power “ to regulate commerce among the several States.”

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Appeal from the District Court of Madison, Curry, J. The clause of the constitution or Mississippi prohibiting the introduction of slaves into that State for sale, after the 1 May, 1833, is in violation of the provision of the constitution of the United States, giving to Congress the power “ to regulate commerce among the several States.” See opinion of Baldwin, J., 5 Peters, 511. Gibbons v. Ogden, 9 Wheaton, 186, 222. Brown v. State of Maryland, 12 lb. 438, 446. Though constitutional, the prohibition to introduce slaves for sale was inoperative, until put in force by a law denouncing a…

1Opinion of the CourtBullard, J.

This is an action upon a promissory note, and the defence relied on is, that it was given for the purchase of slaves in the State of Mississippi, which had been introduced into that State as merchandize, and for sale, after the 1st day of May, 1833, in violation of the constitution of that State, which declares, that the introduction of slaves into this State as merchandize, or for sale, shall be prohibited from and after the first day of May, 1833.

The case brings before us a question much agitated of late, to wit; -whether that clause in the amended constitution of Mississippi, be, per sé,…

2Cases cited1 opinion

  1. Groves v. SlaughterSupreme Court of the United States · 1841

3Cited by10 opinions

  1. State Licensing Board for Contractors v. State Civil Service CommissionSupreme Court of Louisiana · 1960
  2. State Licensing Bd. of Con. v. State Civil Serv. Com'nLouisiana Court of Appeal · 1959
  3. Clay v. BallardSupreme Court of Louisiana · 1844
  4. State v. TreadawaySupreme Court of Louisiana · 1910
  5. Fix-It-Shop v. RoyLouisiana Court of Appeal · 1953

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