Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-03-27
pulitiral.
is SLAVERY NATIONALa-TIIE DRED
SCOTT CASE.
OPINION OF JNDGE M'LEAN

ret Scott, his wife, Eliza and Llzzy his two
children, on the ground that they were his
slaves, which was without right on his part,
and against law.
/ The defendant filed a plea in abatement,
THAT said causes Of action. and each and ov-
cry of them, if any such accrued to the said
bred Scott, accrued out of the jurisdiction Of
this Court, and exclusively within the juris-
diction of the Courts of the State Of Missou-
ri, for that, to wit, said plaintiff, Dred Scott,
I is not a citizen of the State OF Missouri, as
alleged in his declaration, because he is nc
gro of African descent, his ancestors were Of
pure African blood, and were brought into
this country and sold as negro slaves and
this the said Sanford is ready TO verify;
wherefore he prays judgment whether the
Court can or will take further cognizance Of
the action aforesaid
To this a demurrer was fled, which, on ar
gument, was sustained by the Court, the plea
in abatement being held insufficient the de-
fendant was ruled to plead over Under this
rule he pleaded Not Guilty ?. That
Dred Scott was "a negro slave. the property
Of the defendant and g. That Harriet, the
wife, and Eliza and Lizzy, the daughters of
the plaintiff, were the lawful slaves of the
defendant
T Issue was gained on the first plea. and rep
licatons of de Hjuria were filed TO the other
pleas.
The parties agreed to the following facts
For facts agreed to sec Judge Taneys o.
pinion, published last week
In the first place, the plea to the jurisdic-
ton is not before us on this writ Of error
A demurrer to the plea was sustained which
ruled the plea bad, and the defendant, on
leave, pleaded over
The decision on the demurrer was In favor
of the plaintiff and as the plaintiff prosccutes
this writ of error he does not complain of the
decision on the demurrer. The defendant
might have complained of the decision
gainst him, and have prosecuted a writ Of or-
rur 20 reverse lt. But MS the case. under the
instruction Of the Court to the Jury, was de-
cidcd In his favor, of course he had no ground
OF complaint
But it said if the Court, on looking at
the record, shall clearly perceive that the
Circuit Court had no jurisdiction. it is a
ground for the dismissal of the case. This
may be characterized as rather a sharp prac-
tice, and one which seldom. if ever, occurs
No case was cited in the argument as author
ity, and not a single case precisely In point is
recollected In our reports. The pieadings do
not show a want of jurisdiction. This want
of jurisdiction can only be ascertained by
yu"5iHeh' On 'no NoihuI'eI % 'nc Poclal p'o''
INo :, S1ol case 10 Is '7"..o"' can pc c''eu.-
nu' TINS I"'c oi pi"Cuco s 70 DC "PPilo'
IN 'A'5 case ana 'ho P'"lh.lu IN error Is re-
qU.'eo 10 answer an" MAINTAIN US "ui 'No
points ruleo III hlS ii'of' as 70 sno" 'Ne or
Ioi Oh 'hose RUE" against H'n, no mas NOR
man an ordinary uU'y p'iioil' i.,'e'
su0n 0iiC ~ UNI. 'iie 1N' 'i
IA 'ng ,io,.'I N1ui' mus '' ~ ''S'' ' IA
~ "'''ilt VI u'UD' WV ' l'O' ''i1.i
Wv. ,ri -. ''''
J"us ''c'.,' ". ~ l''''0'''. 5,t.r
.'''n - 'l' Pc '''I p.-.- p''.''.''
g. iII I
oiou'' '''' ''''' '''' '' 7'0
lhere is no a'efmehl III 'h's pea Which
SHOWS or conduees TO snow an lhaoilty IN
the PlalnuI 10 sue IN the Oncut court, IL
does not aiese that the plaintlh mas ms uoH-
lcl IN any other state nor that ne Is a ifee
man IN missouri nc IS ayeried % nave haa
negro ancestry oUl thls uoos NOT snow that
: ne Is not a oiu1eh OF Missouri withm inc
meaning OF inc Act OF congress aGlhof@hS
MN 10 sue III the circuit Court. IL mas never
r been held necessary to constitute citzen
9 WITHIN the act 'hat he should have the quail
lhcauons OF an elector' fenales ana minors
may sue IN tne redefal courts ana so may
any llulN luuul VINO mas permanent uoii''cli
IN the otale uhuer whose laws ms rights are
protected ana TO Which he owes auegiance'
C. BENG porn under our constitution ana
laws no naturalization Is required as one oi
s ioreign o'ft1' TO make MN eitlzen' Inc
most general ana appropriate definition oi the
/ term citizen Is "a freeman. Beng nee s
b man. ana having ms domcil IN a state ah-
Z ierent nom that oil the defendant ne Is CIT
zen withn tne ACT OF Congress ana the
courts OF inc mon arc open 70 ann
!, IL mas often oeen heiu tha' the lurlsuiolloh'
on the ground oi parues' can only DC eAer-
eised between citi@ens OF Inherent states ana
that mere residence Is not suihelenV ou'
, TINS mas oeeh Saiu 10 distinguish temporary
Z, irom permanent residence
j. 10 constitute Soou plea TO the Jufisuic-
uon' II must NEGATIVE those qeallues ana
Is nights winch enable an individual To sue IN
Z; the Federal Courts Inns has not been DONE
p" ana on inns ground 'he pea was defective
III ana the demurrer was properly sustained no