Arkansas true Democrat., 1857-06-16
Reporter Notes of Points decided bv o Supreme Court ill the Dred Scott cas.

Reporters Notes of Points decided by il.
 Supreme Court ill the Dred Scott Gas.
 The following notes of points d"clded by,., Supreme Court in the Dred Seott case are t,.. from the official report of Mir. Howard iusn
 lished by the Appletons. We publish f., 1 for the convenience of our legal friends and f. the qualification, we hope, of every one ofop. readers There is seldom so much law Gum pressed in the same space and certainly rar., have points, 50 important and momeutJus bss, decided by legal tribunal;
 1 | Upon a writ of error to a circuit coprt If 1 the United States, the transcript of the r4,,,i 1 of all the proceedings in the case s brougot\.. fore this court, and Is open to its inspectouam revision.
 2 When plea to the jurisdiction in aJa. meut, is overrucd by the court upon demarg aud the defendant pIeaIs in bar, and up- these pleas the tioaI judgment of the couas in his llvur-f the pIaiut,I brings d writ f | enor. the judgment of the court upon the rla in abatement is before thi, court, although was in favor of the plautlf-and if the c5er | erred in overriding 1t, the iud-meut ms. Js reversed, and q mandate issued to the circuit court to dismiss the case for want of iurslo. tIun
 2. In the circuit court of the United State, the record must show that the case is one in which, by the constitution and la},sJf the Jr1,t ed States, the court had juri,lc.iou-aaI if this does mt appear, ard the e""rt -'ve> udg. mcu,, either for p,aiufif or dcteutlrt lt i,e em- and the judgment must br reversed by the coutt-aHd tue parties c..nuot uN colseut v1rs 1ne objection tO the jurisdiction of tue circuit court.
 | A free negro of the African rlce, whose ancestors We're hruu IHt 10 th's country and suN ls slaves, s not "cj,izeu" within Ne mcdaag of the constitution of the United St,te, , When th: constitution Sl> ..41ut.t they were hot regarded iu any of the >tat ., Is maa bers oi the community which constituted re state, and were not numbered among. 1t, l-4 rle or c.t.zrnS" Consequently, tur >rrra. Lnt> and immmitirs guaranteed to cjtj2crS 10 1ot #pl .y to them. Aud not being .'c.taleas" within the meaning of the coustitu.i,a. ta-y ue not entitled to sue in that character ina court of tie UnteI States, and the circn., , court has not jurisdiction in such a suit .. The only two clauses iu the cpr~t,tur'ua which point to thi, race, treat them t, ler>Jas whom It was morally lawful To de-. in d, al- tc.es of iroperty aud to holI as slaves
 |. Since the ado. .,tiou of the cousutu.iju of the United States, uo state can bv any ~u.>-- Qnrur law make q foreigner or any other ie- ocnptioH of persons citizens If the la..ei States, nor euJitle them to the rights aud pr,. .r-eN secured Go the clilens oy shat ..,t4- meut.
 $. A sta'c by ifs laws passed since the tlaa- tion ui the cnsiItifjun may gut ,.raI ..uI or ttF Iy.+ I Jt [ r,r,.. ..f
 Ajih liN own c,lIle4>, dS to all 1ne rug.H, ta. nuvleL', eaioye,i by them viruIu f., ,I .l....,u uI by is I,",. Bnt tat5 will nyr nlz,. Mon ,c ctlcr Q. the CMtei S.a-c~, uor clti.l. 0.a ru >Hn ,. il, oaugt, urr to any ui tj,v prN.ir,., 1tyI m mnnut'rs uf clsH d. ul aupt.icr Sta.e.
 ,. he cu.t ~ r. puOHc uiHu ou aud feel. lu relation jo rh, African ra"e, wn.rh has taken piac s,lrr 'Ae adolt.p ot tur you>titltou cta- ao- co1-e .i, construction lnJ meaning, aui .t ma-1 h. construed u,ei administered now .i- c'o'nI 5o Is true me.o.luL aud intention u.ea .t 0a, lormri and aiorrd
 l)- Iha p.untiH htvln- admitted, by his Ie- murr-r t' ,ne llea iu abatement, tllt u., ,l- cesjor- Wcra Imported tr1m Alaa a d ,,.li as dawes, he IS aot citizen oi the state oi II ~'ur. acc.rht Z to the Cor ls,iturpr5tthe United States, m#s was uot entitled tl sue iu tha, char 1 acter r th. circuit court
 Ii. This Jt.og the ease, the judgment of the court below. irl favor ot the pIulrlii on ti.clea in abatement, was erroupou-.
 l. Batjf the pIeajn abatement is not brought ap Uy this Nnt uj error, the d, c;iun to laa citizenship of the plaintiff is sull apparent on tne rccord, as lie hIn,cl(, iu mlk.u. ont lis 1 rast, states that he a of African desccht. WIS { born a slave. tu claims that he ant his family became eurlled tn freedom by being taken bv tAv,r owner to reside lH terg. tory where slave " Is prohibited by cougreSs-aud that, in ai- dton to this claim, he himself became entitled to freedom by being taken to Rock Island, in the state of lllmo!s-aud being free when he was brought back to Missouri, he Was by the laws ot that state a citizen.
 < II, therefore, the lacts he state, do not l give him or lis family right to freedom, the l p'Mhllli Is stll slave and not entitled to sue aS cItlzen,' and the judgment of the circuit court was erroneous on that ground also, with out any reference to the plea in ah4tclnrut
 O. ne circuit court can give no judgment tor plaintiff or defendant in case vi, re it bas not jurisdiction, no matter whether there be a plea m abatement or not. Aud unless 1t ap pears upon the face of the record. when brought here hy writ ot error, that he circuit court had jurisdiction, the judgment must hy reversed | I he case of Capron ogL Van Noorlon, 2 ! Cranch, l26) examined, and the principles the'ehy dec'ded reaf1imcd
 then tine record aS brought here by writ oi error, does not show that the rrcut court hAd Jurisdiction, this court has jurisdiction to revise and correct the error, like any error u the court below. It does not aud cannot dis miss the case for want of jurisdiction here; iur that would leave the erroneous iuI-meut of the court below in full force and the party ia- Jored without remedy. Bat il must reverse the judgment, ahd as in any other case of re- NeiSai, send a mmidate to the circuit court to cohform Its judgment to the opinion ut ths court.
 Q. The difference. in the jurisdiction of ths conrt m the cases o writ> of error ln >l coulJs and to circuit courts ofthe United States, point ed out; aHd the mistakes made ds to the ilris- d'et1oh of thS court lu the latter case by con lonndlaS Il with is limited jurisdiction iu the former
 b, II the court reverseS d judgment upon tae ground that it appears bv d partiru lar part ol the recotd that the circuit court had u1t itris- dicunu, It does not take away the jur,lt ion o' lhls court to examine inlo aud c,,lrec., by reversal Of the judgment, any other errlrs either as to the lrI>d Ictlou or alv other md.tef where It appears from other parts ot the record that the clrcuit court had fallen int, error. c. the contrary, It IS the daly ald lam ar practice ot this count 70 reverse pu several grounds, "nere more ih'n "n' error appear, to u."e been commIrtet. Aui the error of , r.r.at court u ltS jun, !lctiou stands oa the oum5 5r"uu1, anu Is to br trpatt in the sant mn ner aN any other error upon which its judgment Is founded.
 I The decision, therefore, that the iHlg- ment of the circuit court upon the plea in abate- ment Is erroneous, is no reason w Inv the alleged error apparent in the exception should not also be examined, and the judgment reversed on that ground also, if it discloses want of iuris- diction in the circuit court.
 s. It IS often the duty of the court after having decided that particular decision the circuit court was erroneous, to examine mto other alleged errors, and to correct them if they fA Iyt All ! l,,,, nDI