The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1857-07-18

apply them. to the learning of honest
trades.
Dred Scott Casc.-Points Decided.
The Democratic papers of the North
ern States are making great efforts to COW
cr up the points decided in this case, and
to confuse and bawilder the public mind
upon the subject, SO as to lessen as much
as possible the contempt of the people for
this very singular decision of the Su-
preme Court. The following are the
points decided in this case, according to
the notes of the official reporter.
We hope our readers will exapine these
points with great care, and then compare
Them with the various articles appearing
in the Democratic papers, which are writ
ten for the purpose of covering up the
real points at issue.
l. Upon writ Of error to Circuit
| Court of the United States, the tran
| script of the record of all the proceed
ings in the case is brought before this
Court, and is open to its inspection and
revision.
2. When plea to the jurisdiction in
abatement is over-ruled by the Court
upon demurrer, and the defendant pleads
in bar, and upon these pleas the final
Judgment of the Court is in his favor
if the plaintiff brings 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 over-ruling it, the
Judgment must be reversed, and a man
date issued to the Circuit Court to dis
miss the case for want of jurisdiction.
3. Tn 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 jurisdiction and if this does not
appear, and the Court gives Judgment
either for plaintiff or defendant, it is
error, and the judgment is reversed by
this Court, and the parties cannot by
consent waive the objection to the juris-
diction of the Circuit Court.
| f. 4 free negro of the African race,
whose ancestors were brought to this
country and sold rs slaves, is not a citi-
zen within the meaning of the Constitu-
tioa of the United States.
| 5. When the Constitution was adopt
cd, they were not regarded in any Of the
States as members of the community
which constituted the State, and were
not numbered among its "people Or citi-
zens." Consequently, the special rights
and immunities guaranteed to citizens,
do not apply to them. And not being
" citizens" within the meaning of the
Constitution, they are not entitled to sac
in that character lii court of the United
States, and the Circuit Court has not ju
risdiction in such suit.
6. The only two clauses in the Consti
tuition 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.
i 7. Since the adoption of the Constitu
ton of the United States, no State car
, by any subsequent law make a forei gner
or any other description Of persons, citi
zens of the United States, nor entitl'
them to the rights and privileges Sc
cured to the citizens BY that instrument
s. 4 State, by its laws passed since
the adoption of The Constitution, ma,
| put foreigner, or any other description
/ of persons, upon footing with its owl
: citizens as to all the rights and priyi
r leges enjoyed by them within its domi
/, nion and by its laws but that will no
n make him citizen of the United States
G nor entitle him to sue in its Courts, no
= to any of the privileges and immunitie
! of citizen in another State.
{ 9. The change in public opinion an
r feeling in relation to the African race
: which has taken place since the adoT
It ton of tho Constitution, cannot chang
o it's construction and meaning, and
T. must be construed and administered no'
IS according to it's true meaning and inter
y tion when it was formed and adopted.
n 10. The plaintiff having admitted, b
" his demurrer to the plea in abatemen
k that his ancestors were imported fro,
is Africa, and sold as slaves, he is not
/ citizen of the State of Missouri accor,
al ing to the Constitution of the Unite
States, and was not entitled to issue
at that character in the Circuit Court.
to II. This boing the ease, the juagmoi
IL of the Court below in favor of the plail
is tiff on the plea in abatement, was err
Is neous.
u l. But if the plea III abatement is n
he brought up by this writ of error, Il
D. objection to the citizenship of the plai
an tiff is still apparent on the. record, as
ag himself, in making ont his ease, stat
ry that he is of African descent, was born
to slave, and claims that he and his fami
of became entitled to freedom by bel
nv taken by their owner to reside in ter
N. tory where slavery is prohibited by ;
&C, of Congress; and that, in addition
be this claim, he himself became entitled
&C. freedom by being taken to Rock lslar
,ay in the State Of Illinois, and being Fl
zee when he was by tho law of thai State
Of citizen.
2 If, therefore, the facts he states
rhe not give linn NJ his family RIGHT