The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-03-19

fonS aCefno Atf . c4cSA seA Ae R~tf
a,sas csaaias,cs fef the several se~aaeap 49,
! IS Sta do. tho April election s-h susseanes
!, orssr a u. ro~1sAsp cel,rsi csA.
A, a. MctoSKEy, CAAH.
- CasissssAip st colsrsa People
A city contemporary ,hinks that scarcely
anywhere in the Unioa has ans other pf'n.
iple been recog nized, than that e''oesa
,eople are not citisens; aad i aiiades WIN
n.sh ea.,o 10 The fac, that The Supreme
co.rt 81 Come oticut decided more than
ac.rter Of century ago that negroes were
., ci,isees, and the decision has never ssea
The courts OF other States De
c;a.a he fore ,ha, time and hayedecided since'
th., negroes are citizens. Any state ssa
-S.se IL evn laws on The subject. Inc
came contemporary makes The broad asssf
lon ths, colored people shave never been
ean.;dered ciuzens Of the Uaited states.
the bes, ~ay Of replying 70 .ms'
! by siyiac an abstract Of those portions o.
The decisions Of Judges Curtis and mclean
which relate to this particular branch OF the
subject discussed.
Jsdre Cusrrs, in giving his reason iof
dsSse ming from the mslori,y Of the Court.
sad the question 10, ~heiher person 81
Astscsn descent can be citizen o. tes
Uaitsd States. The Constitution uses me
language. !. citizens OF the Untea states y
,he time Of the adeP,ioa" u that ins'fa-
Misunderstanding - those Sae we're caesens
under the Confederation. Il ,aay. therefore,
he safely said, the eitiaens OF the ssversi
States ssaer the Confederation were al,i-
rene 81 the United Sta,es under the Con-
situation. Itisa fact that ill The Tree ma
tive born subjects Of New Hampshire. Mss
,,ch.as,.s, New York and North Caroline,
descended IRON the African race. were MOI
oslv ci,isens. bu, possessed the franchise
Of electors on equal terms with other 81
white ci,izsns. Those colersd persona
were mol ealy Included With the body Q
white persons in the adoption Of the Con
stiru,ion, bot he'd the power to and did 40
10 i,s adoption. Under The Constitution
ever, Tree pereon born On the soil OF
STATE, and made citizen BY force Of IL
constitution and laws, is citizen Of III
United States. Having stated the groaat
of Ii. opinion. and explained the provisions
OF the Constitution, he said that every citi
v.n n the time Of the adoption Of that 10
.trument .ss 50 recognized, aad no power
vac conferred 10 discriminate between col
or, Of deprive any one Of his franchise. i
i, mol true, in point Of fact, that the Con
stitrtion was made exclusively By and To-
while people. Tie preamble openly de
eIares thai the Constitution was formed II
order to secure to the people Of the Unites
States and her posterity The blessings o
liberty Iai as for the coiored citizens, II
i've OF the States they were amoag thoss
orwBom the consiiiui,oa as ordained ana
established. Color, N the opinion Of ths
frsmsr. Of ,he Constitution. a. not neces
.sry 10 constitute citizenship under tn
co.s,i,us;on Of The Uniiri States; and
nisht be added, that toe power TO max
coloreS persons citizens has been aeteduPo
in repeated ins,snees-in the treaties wit
,hs Choc,aws, the Cherokees. and that Q
Guadalupe Hiaslgo, in lS45. And he q
rived al the following conclusions;
i. That the free native born citizens
each State, Al the formation Of The Cons,i
tution, became citizens OF the United States
3. That free colored citizens born with
in some Of the States, and ciiizens OF ,hos
States, were also cisiaeBs n the Unite
States.
3. Ths, every such citizen, residing j
any State, has the right 10 sue and be sue
in the Federal Court Of the Stsie 10 whic
he resides.
4. As the plea TO jurisdiction in this cas-
shows no fast except as to African descent
and as tbis fact IL net inconsistent with cit
zeaship of the United States, the decision
Of the Circuit Court Of Missouri was iBcor
rect
He therefore disseRted from the opinio
OF the msjorisy Of the couri, thai pesso
of the African race cannot be eitizer {
the United States. He did no, believe III
opinion OF ii eEsurf on question not legiu
mateiy before il to be bindiBg. He beiief
Cd, however, tina, the Court has Jurisdiction
in this case, and maintained that, under ih
law Of Missouri, bred Seeit and hi. fsmii
were free persons on Their return TO lbs
State.
Judge AcLEAs, after eisliHa abe fact
relative ID The subject, said that the pies I
to jurisdiction i radically defective. IL he
never been hsid necesss~; that TO consi
tuts 1itizsns d nan should have The gus !
fssiion Of an elecior. Feaaies aud minor
MAY sue 10 the federal couris. and 50 ms
90 individual ~ho has he domicil in Tia
State 10 which he may sue The most ger
ersl definition Of cities Is freeman
The plea does no, shea bred Scott to be
slave. Il does mol tsl!o@ . man is mot IRE
whose ancestors were siatss. EgasE
II wss said coiorsd estia~n-are not agrs.
able members of soeiet bot this was NOR
. matter Of taste than OF law. Several {
the States have admitted such persons /
the right of suffrage, and recognized ther
as si,izens; and this has cen done In slsv
~ well a. 10 free States On the subjee
Of citizenship we have MT been very fss
tidious Under the late u atty with Mexico
We have made citizens of II grades, CON
binstions aud eoiors. T. . same was don.
in the cases Of LoUisiana nd Florida NJ
one ever doubted, nor e art bella, that the
inhabitants did not becot citizens unde,
the treaties. They havt become citizen,
without being nsturalized
James Robinson, the youthful circus
rider, has been offered BY northern circus
r~-n..u HsQkn urosk r. snrss a