New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-09
THE DRIED SCOTT CASE.
slavery alone "National."
JUDGMENT Of CHEF JUSTICE TANEY

Term vss directed to be resrgued 81 the presen Term
owing TO difference Of opinion existing among members
q the Court, and in order 10 give the subject
| mature deIibera:io1.
Thtrs two leading questicns-fist: Had the
Circuit Govt Of the United States for the District Of
Missouri, jursoction IN the case and If il had urs
cicton, ws5 its decision eIrcneous or not
The defendant deried BY plea in abatement, the a-
rsdicc1 OF the Circuit Cont Of the United States on
the GROUND that the plaintiff SIS negro Of African
deicett liz ancestors were Of pure African blood,
s1d were brought Into this country and sold as
"ssves, aud Therefore the plainiif Is lot citizen
"of tie State Of Missouri. To this pea tie pain
tiff demur7ed aud the Court sustained the demurrer.
Thereuron tie defendant pleaded over, and justified
the trespase the ground that the plaintiff snd his
family were be negro aayes and & statement Of aes,
agreed to by both parties, was read in evidence.
The Chef Justice having stated the facs in the
proceeded lin tone Of voice almost inaudble TO say IL
,b-srce, that TIE question: hrst to be decided was,
whether the plaintiff entitled to sus in Court of
tie United States. This was peculiar question: aud
fr the frst time brought before the Court under such
circ urstances but It had been brought here, and II
IVES the duty Of the Cont 70 meet and TO decide H.
The question wss simply ths, can negro, whose an
ceeto,s were imported and cold as slaves, become
II euber Of the po,t cal community formed and brought
into existence by the Constitution OF the nted States
and os such become entitled 70 ell the rights and i'm
uuea of citizen, one of which rights s suing IL
The Courts Of the United States In cases therein speci
fed In discussing this question W. must not con
four the rights OF citizen which State may confer
yi,tn liz own limits, 18th the tights OF cifizen wilma
the limits Of the United ates. No one can be citzsn
of the United States uness under the PROVISIONS OF tue
Constitution; but il docs not follow thst man, being
citizen Of one State must be recognized a. such by
every State in the Union. He may be citizen IN one
State and not recognized such in another Previous
to tie adoption OF the Constitution, every STATE
mich confer the character of ciuzen, ana
enSoy nan with al the rights pertaining to It, Ihls
WIS confined to the boundaries OF STATE, and gave
I'm No riefts beyond its Units Nor have the several
States surrendered this power by the adoption OF the
Constitution. Every State msy q nier the rght upon
az sen or On eny other csss or description OF persons
who would 10 all infnts and pnrpcsss be citizen OF
tba state but not citizen in he used III the
Consiu.ion of the United S'aes. He would not
thereby become citizen Of the United Safes and,
therefore. could not sue IN any court In me onHe'
SHIFTS ror uld he cIoy The imunities OF ctzen 10
the other State. His rights would be co1hned strictly
TO bis own State. Tie Constitution gives Congress
the mover 10 establish " a uniform rule CT nhtursz-
alton" consequently, no state oy htt1r1unns an
alien could confer upon him the rgbts and lmnui les
of en he Sa'es uLGer the General Govern
meut. II il very clear Therefore that no ate can,
by any act, introduce new member lHto IGa
Official Union created by the Constitution. The
ru atom then ass whether the provisions Of The Con-
s,itution of the United States in relation TO Personal
riabs TO which citizen OF State Is emitted embraced
peiioes Cf the African TsCe, at t. II !me N zoe C un
try ar Afterwards imp ed or made free from any
Slate and whether il in the power OF any sac to
make such a ole a citizen OF the St,te, aud encow him
Nth ful citizenship in any other States without then
consert1 Does the Constitai OF HE omlea otats
| citizen The Court think the affirmative cannot be
| uaniaired; and, if rot, the plslntt could not De
citizen OF Missouri within the meaning o The C9nbttu
lo, nor a citizen Of the United States ana, coz
| .,tI,, ~ erfffifd 10 in lfs COuftf.
N s true that every person and every class ana de-
sc1iption Of ptTsous at the time OF the adoption oi ne
Corsttution REGARDED citizens of the several STAGE
became citizens Of this new political body, sne meme
Other II was formed for them and their postefty ana
for obOdy ee and al The rights ard immunitles were
intended 10 embrace only those OF state communities,
or ihcas yho became members according TO me pfluc
ri.a on which tie constitution adopted. IL wasa
| a union Of those who were members OF ihe poItlcs
communities whore power, Tor certain specihed puF
| uurr,s,s extended over tie whole Territories OF the
tLied S'aes and gave esch citizen righs outside hls
state which he did rot before poesess and laced oil
rights OF perons ana property on an equality.
IL becomes Decetsary, therelfe, I? dc ermlne wh
were cztn s Of the seveia States when the Consttu
ton we adopted Ia order 10 do dis we unst recur TO
| the Co1nes when they separated from Great Britain,
foImed Communities. ard )ok their place among
| lie family Of nations. They who were recognized A.
Citizens If the States declared their independence OF
Grea, Britain and Ge ndei by force OF arms. Another
csfs Of Ierons who had been imported as slaves or
their defendants, not recognized or INTENDED 10
be tldl
lion OF INDEPENDENCE 1t is difficult 81 this day - real
jye The state Of pubic opinion respecting that unor-
tunae cass with the civilized and enlightened portion
of the world at The time OF the DecaiaOn OF lndepsnc
ence ard the adoption Of the Constitution but history
shows they have for than aeenlaty been regarded
SIS beings of an inferior order and urt. associses for
The white race ether eociallyor poll icaly and had 20
rights which white men were bound TO respect ano ice
| black man might be reduced 10 Slavery, bought and
sold and rt a;ed culinary article OF merchs1i,e
This opinion al that time fixed sEd universal with
the civilized portion OF tire white race. IL Wa regarded
ss az axiom in morals which 10 one thought OF dtput'
ing All every baDltualiy acted upon II, without
doubling for moment tie correctness OF The opinion
And in 10 PATTON tbs OF inon more liked and gene
rallv acted upon than 10 rgland the subjects OF which
Cover uent not oIly seized them on the Coast OF
| africa. bu, took them a. ordinary merchandise. 10
| wheie they could make pr1f on them. Ine oplnloa
thus 81 ersired was upvs sally impressed on tbs
Colonss this tide of the Attention accordingly negroes
tie African race were regarded by them property,
and 1t d. and bought and -od such in every one Of
the thirteen Colonies which united IN the Declaration
of lndeeei deDCe, and siterwaFd termed the Conshm
! tiop TIE doc Tire of which We hsve spoken WAS sI
irgy enforced by the Declaration OF lndepe ndence II
btsins thus: When, il the course of human events
III becomes necesssIy for one people 10 Dissolve
ere political bords which have connected ID I'm win
"sro.b and 20 sssme among the powers Of the earth
"ihe s,,arae and Equal s'ston To which the laws "
"-a.gIe and Il natures cd en.Ilss teen, decent
respect 20 'he opinions o. klnc requires that teey
should declare the causes which iinpe them 10 he
| "sepsrs.iou;" ard then proceeds 1--WE hold these
truths TO be seieviGsnt-that al men are created
"edusl. that they sre endowed by their Creator vita
certain insliensbe rights hat snope theee are Lie,
"bsty ara the parsuit o. happiness Inst to Sc IL
thee :igi:s Governments axe Instituted smoog ner,
deriving their lust pose.s rom the cOn:ent oi The
governed sc. Tie Soids before qao.ed would
q Il 10 embrace he Whole humsn family and II Used
IL lin liar instsuuen al this lay would o. so NIGER
d. But It !. too clear ior dispute that tee enslsvsd
African lsce was not intsucei - be GUIDED, i0f IN
that Csfe the distinguished who f:sTed 'he Dscs-
ration cf Irdepende2ce would be fagrany aganst ioe
prlpcii Is which they asserted Ihsy VINO ranlei ios