Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1857-03-31

! CHlltu DldttS-
3. That every such citizen, residing
in any State, has a right to sue and 10
be sued in the Federal Court of the State
in which he resides.
4. AS the plea to jurisdiction in this
case shows no fact except as to African
descent, and as this fact is not inconsistent
with citizenship of the United States, the
decision of the Circuit Court of Missouri
was incorrect.
He therefore dissented from the opinion
of the majority of the Court, that per-
son Of the African race cannot be citi-
zen of the United States. He did not
believe the opinion of the Court on ques-
tions not legitimate before il to be bind
ing He believed however. that the
Court has Jurisdiction in this case, and
maintained that, under the law OF Mis-
souri, Dred Scott and his family were free
/ persons on their return to that State
/ There was nothing IN history or IN the
language of the Constitution which re-
strains the power to make all needful
rules and regulations respecting the Ter
ritorv of the United States to such Ter
ritory only as was owned by the United
States at the time of the adoption of the
Constitution. He was not aware that such
a suggestion had ever before been made.
Four distinct acquisitions of Territory
have been made, and six States formed
upon them have been admitted int0 the
Union. Such a contracted construction as
that to which he referred was inCCnsis-
tent with the nature and purpose of the
Constitution, as expressed in It's language.
He would Construe that clause of the Con-
stitution thus us:-Congress shall have pow
er to make all needful rules and regula-
tons respecting those tracts country with
out the limits Of the U.S.and which theU.S.
have or may acquire by Cession, as we'll
of jurisdiction as Of soil, so far as the soil
is the property of The parties making the
cession. Congress has power to legislate
with regard to Territories, until thew
shall apply for admission into the Union
as States. The laws must be needful,"
and are left to Legislative discretion.
There are two classes of acts; and in
eight distinct instances, beginning with
the first Congress and coming down to
1S4S, Congress has excluded slavery from
the Territories; and there are six dis !
tinct instances in which Congress has or
ganized governments for Territories, and
recognized slavery and continued itthere-
in; also, beginning with the first Congress
and coming down to 1922. These acts
were signed by seven Presidents. coming
REGULARLY down from Washington to John
Quincy Adams, thus including all those
who were in public life when the Consti-
tuition was adopted. This should have
much weight on the question of construc-
ton. and it would be difficult to resist the
force Of the acts to which reference was
made. His opiniou was. the decision Of
the Circuit Court for Missouri should be
reversed. and the cause remanded for a !
a new triaI.
Judoe McLr,y. after stating the facts (
relative TO the subject, said that the Plea
as to jurisdiction is radically defective.-
It had never been necessary that to consti- .
rlte a citizen. a man should have the duali- .
fcation of an eIector. Femalesand minors /
NAV sue in the Federal Courts. and so
NAV an individual who has his domicIi in
the State In which he NAV sue. The most
general definition of a citizen is a freeman. I
The plea does not show Dred Scott to be
a slave. Il does not follow a man is not
free whose ancestors were slaves.
It was said colored citizens are not
agreeable members Of society; but this
was more a matter of taste than of law /.
Several Of the States have admitted such /
persons to the right Of suffrage, and re- /
cognized them as citizens; and this has
been done in slave as we'll as IL free /.
States. On the subject of citizenship we |
have not been very fas,idious. Under
the late treaty with Mexico, we have
made citizens of all grades, combinations
and Colors. The same was done in the |
cases of Louisiana and Florida. Noone /
ever doubted. nor a court held, that the
inhabitants did not become citizens under .
the treaties. They have become citizens