The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1857-05-30

/. Upon a writ Of error TO a Circuit Court
of the United States the transcript of the
record of all the proceedings in the case is
brought before this court, and is open to its
inspection and revision.
3 When a plea to the jurisdiction, in
abatement, is overruled by the court upon
demurrer, and the defendant pleads IN bar,
and upon these pleas tn, final Judgment OF
the court is in his favor-if the plaintiff
brings a writ of error, the Judgment of the
court upon the plea in abatement is before
the court, although it was in favor Of the
plaintiff-and if the court erred in overrul-
ing it, the judgment must be reversed, and
mandate issued to the Circuit Court to dis
miss tho case for want of jurisdiction.
3. In the Circuit Courts of the United
States, the record must show that the case
is one in which, by the constitution and laws
of the United States, the court had jurisdic-
tion-and if this does not appear, and the
court gives judgment either for plaintiff or
defendant, it is error, and the judgment must
be reversed by this court-and the parties
cannot by consent waive the objection to
the jurisdiction of the Circuit Court
4. a free negro Of the African race whose
ancestors were brought to this country and
sold az slaves, is not " citizen" within the
meaning Of the constitution of the United
States.
/ 8. When the constitution was adopted,
they were not regarded in any of the States
rs members Of the community which consti-
lated the State, and were not numbered
among its "people or citizens" Conse-
( quen,ly, the special rights and immunites
guaranteed to citizens do not apply to them.
! And not being " citizens within the mean
! ing of the constitution, they are not entitled
/ to sue in that character in a court of the
/ United States, and the Circuit Court has not
jurisdiction in such a suit.
i 6. The only two clauses in the constitu-
ton which point TO this race, treat them as
persons whom it was morally lawful to deal
in as articles Of property and TO hold as
slaves.
/ 7. Since the adoption Of the constitution
of the United States, no State can BY any
subsequent law make a foreigner or any other
description Of persons citizens Of the United
States, : to all the rights and privileges Sc
cured TO citizens By that instrument
S. \ State, by its laws passed since the
adoption Of the constitution, may put a
foreigner or any other description Of persons
upon a footing with its own citizens, a. to
all the rights and privileges enjoyed by
them within its dominion and by lis laws.
But that will not make him a citizen of the
United States, nor cntitle him 10 sue in its
courts, nor to any Of the privileges and i'm
munitles of citizen ia another State.
/ 9. The change in public opinion and feel
ing in relation to the African race, which
has taken place since the adoption of the
constitution, cannot change its construction
and meaning, and it must be construed and
administered now according 10 is true mean
ing and intention when it was formed and
adopted.
/ 10. The plaintiff having admitted, by his
J demurrer 10 the plea in abatement, that his
ancestors were imported from Africa, ana
sold a. slaves, he is not a citizen OF the State
Of Missouri according to the Constitution Of
the United States, and was not entitled TO
sue in that character In the Circuit Court
IL. This being the case, the judgment OF
the court below, IN favor OF the plaintiff on
plea IN abatement, was erroneous.