Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-03-16
THE DRIED SCOTT CASE.
Opinion of the United State. suprsn. Court

H
DELIVERED BIZ CHEF JUSTICE TANEY, MARCH 5rH
Chief Justice fancy, in delivering the opinion of
the Court said that this case after argument at the
last term, directed to be rs-srgued at the pre-
sent term, owing TO difference of opinion existing
among members of the Court, and 10 order to give
the subject more mature deliberation.
There were two leading questions: first, had the
Circuit Court of the United States for the District
of Missouri, jurisdiction 10 the cAse and if urisdic-
ton, was its decision erroneous or not ?
The defendant denied, by plea in abatement, the
jurisdiction of the Circuit Court of the United
States on the ground that the plaintiff sis negro
of African descent, bis ancestors we're of pure AT.
ricsn blood, and brought into this country and
sold slaves" and therefore the plaintiff is not
citizen of the State of Missouri" To this plea
the plaintiff demurred, and the Court sustained the
demurrer. Thereupon the defendant pleaded over,
and justified the trespass, on the ground that the
plaintiff and bis family were bis negro slaves and
statement Of facts argued to by both parties, was
read in evidence.
The Chief Justice, having stated the facts in the
case, proceeded (in tone of voice almost inaudi-
be) TO say in substance that the question FIRST to
be decided was, whether the plaintiff was entitled
to sue in Court of the United States. This was
peculiar question, and for the FIRST time brought
before the Court under such circumstances; but it
had been brought here, and it was the duty of the
the Court TO decide it. The question was simply
this; can q negro whose ancestors were imported
and sold as slaves, become a member of the politi-
cal community formed and brought into existence
by the Constitution Of the United States, and, as
SUCH become entitled to all the rights and immuni-
ties of citizen one of which rights is sueing 10 the
Courts Of the United States in cases therein spe-
cited In discussing this question We must not
eonfound the rights of citizen which State may
confer within its own limits, With citizen Of the
United States. No one can be citizen of the
United States unless under the provisions of the
Constitution; but it does not follow that man. be.
ing a citizen of one State, must be recognized as
such by every State in the Union. He may be a
citizen in one State and not recognized such in
another. Previous to the adoption of the Consti-
tution every State might confer the character of
citizen and endow with all the rights pertain.
ing to it. This was confined to the boundaries OF
State, and gave him no rights beyond its limits.
Nor have the several State surrendered this power
By the adoption Of the Constitution. Every State
may confer the right upon alien or on any other
class or description of persons, who would, to all
nteuts and purposes, be citizen of the State but
not citizen in the used in the Constitution
OF the United States. He would not thereby be.
come citizen of the United States and, therefore
could not sue in any Court in the United States nor
could he enjoy the immunities Of citizen in the
other States His rights would be confined strict
ly to his own State. The Constitution gives Con-
gress the power to establish Ga uniform rule of ma
turazation; consequently, no State, by natursli-
zing an alien, could confer upon him the rights
and immunties of all the States under the General
Government 1t IL very clear, therefore, that no
State can, by any act, introduce a member into
the political Union created by the Constitution The
question then arises, whether the provisions OF the
Constitution Of the United States in relation to per-
sona rights to which citizen of State is entitled
embraced negroes of the African race at that time
in the country or afterwards imported or made free
from any State; and whether it is in the power oi
any State to make such one citizen of the State
and endow him with full citizenship in any other
States without their consent Does the Constitu.
ton of the United States act upon him and clothe
him with all the rights Of q citizen! The Court
think the affirmative cannot be maintained and, II
rot the plaintiff could not be citizen of Missouri
within the meaning Of the Constitution, nor cit
zen of the United States, and consequently, not en-
titled to she in its Courts.
description Of persons at the time of the adoption
Of the Constitution, regarded as citizens OF the Sc
vera States became citizens of this political body
and none other. IL was for them and their pos
terity and for nobody else; aud all the rights and
immuui;ies were intended to embrace only those o.
State communities, or those who became members
according TO the principles on which tho Consttu
ton was adopted. IL was Union Of those who
were members of the political communities, whose
= 4 -.
over the whole territor of the United States and
gave each citizen rights outside bis State which be
did not before possess and placed ell rights of per
sons and property on an equality.
Il becomes necessary, therefore, to determine
who were citizens of the several States when the
Constitution was adopted. In order to do this W.
must recur to the Colonies when they separated
from Great Britain, formed new communities, and
took their place among the family OF nations TheJ
who were recognized as citizens Of the States de
clared their ndependece of Great Britain and de
Tended it by force Of arms. Another class of per
sous, who had been imported as slaves, their dee
cendants, we're not recognized or intended to b,
included in that memorable nstrument-the De
claration of Independence Il Is difcut attbis de
TO realize the state Of pubic opinion, respecting
that unfortunate class, with the civilized and en-
lIghteled portion Of the world at the time Of th,
| Declaration of Independence aud the adoption Of
| the Constitution; but history shows they have 70
mere than a century been regarded rs beings OF al
inferior order, and unfit associates for the whit,
race, either socially or politically and had 20 right
which white men we're bound 70 respect; and th,
black man might be reduced 70 slavery, bough
and sold, and treated as an ordinary article OF mer
chandzs THIS opinion, at thas time, was hxet
and universal with the civilized portion fthe shit
race IL Was regarded as an axiom 10 morals
which no ono thought Of disputing, and every one
habitually acted upon Is, without doubling for
moment the correctness OF the opinion. And Il
no nation was this opinion more fixed or NOR,
generally acted upon than 10 EogrAnd, the sab
iscss Of which Government not only seized them OF
lhe coast OF Africa, but took them as ordiuas!
merchandise, 70 where they could make prob
on them. The opinion thus entertained, was uni
varsaIy impressed on the COIonists this side OF Oh,
ATLANTIC accordingly, negroes Of the African race
were regarded By them as property, aud held, ant
bought, and sold, as such in every OF the thr
teen Colonies which united in tue Declaration o
Independence, and afterward formed toe Constita.
ton. The doctrine Of which we have spoken WI,
slrikiDgly enforced by the Declaration Of Indepen
dence. IL begins thus: "When 10 the course d
human events, il becomes necessary for one PEG
pie to dissolve the political bands which have con
necled them with another, aud to assume among
tie posers og the earth, the sepcrAte aud equs
slAhos v NHicn me laws q nature and 81 nateret
God entities them deceat respect 10 the oDinion.
Of mankind requires that they should declsre ths
causes which iuipel them to the separatiou:n aud
shen proceeds: Owe bold theso truths TO bs self
evideas-ihat all men ere created equal; that they
are endowed, By their Creator, with certain nm.
sllsnahle ughts; thai amoag these are lfs. lbsriy
snd the parsuis Of hsppness. That 70 secure th.s,
rights, Goyernments are Instituted smeur nea. a,
irving their Irsl poUerA from tie consent Of m.
goyeFnad,H &c. fhe Sorts before quoted woul.
seem TO embrace she whole human lamily; and /
ased Ia simll4r instrument Il this day you'll B,
tire snslaved African race sefs not intended 10 b.
ineladed, for ia that case, Ihe distinguished me.
wAofsamedthe DeclaFAiiop o' Independence, woal.
be haggnpily against he pdacipaa which ihsy as
sRrted They Who framed the Declaration rf lnde