The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-04-22
An Unjust Assault upon Chief Justice
..... fancy.

fancy.
Tho Buffalo Commercial Advertiser Of the
sth inst. says:
"Chisf Justice Tauey's decision that ne.
groes are not citizens of the United States,
and consequently not entitled to sue in tho
federal courts, is not only in contradiction 10
the action of the executive department OF
the government and some Of the laws OF
Congress, but is in the very teeth OF form
er decision of the Supreme Court, delivered
by the Chief Justice himself in Isi3. An
Albany contemporary copies from the first
volume Of Howard's Reports the decision OF
the cour, in the case Of James Ash, Mary.
land negro. who sued for his freedom ir the
circuit court of the district of Columbia, az
Dred Scott did in that of Missouri. The
case was in like manner carried up 10 The
Supreme Court, and the following decision
was delivered BY Chief Justice Tauey."
THIS does great injustice TO the Chief Jus.
tice aud the whole court. The case oi Ash
and Williams, referred TO, was instituted in
the circui. court for tho district ot Columbia
which is the only existing court Of reco I'd
having civil jurisdiction therein. # has full
and com ple;e jurisdiction IN all cases. The
act of the 9Th of February, 1901, provides.
"That there shall be- cour, in the said
District, which shall be called the circui,
court OF The District of Columbia" and "thal
said court shall have cosnizance OF all [crmes
and offences committed within said District !
and OF all cases III law and equity between
parties both or either of which shall be resi-.
dent or be found within said District"
ln short. the circuit court has all the iuris-
diclion in the District which both State and
national courts have in the several States,
without regard 10 citizenship, alienage, or
residence. This is not so out OF tho District,
and in the States where the United States
circuit courts have only a limited jurisdic-
lion. BY The Judiciary act Of 1889 the civil
jurisdiction of these courts in suits OF u civil
nature of common law or in equity is con.
fined 10 cases where the United States are
parties plaintiff, cor an alien is party, or
the sul is between cllizen of lhs State
where The suit is brought and a citizen of an.
other State" This statute, based upon the
words Of the constitution, remains unallered
except in patent cases. In the case of Dred
Scot, the plaintiff did not sue as an alien, nor
claim 10 be such, but alleged that he was a
"citizsn," and insisted the cour, had Iurisdic-
tion on the very ground Of citizenship. The
Supreme Court, following the past judicial
decisions and the opinion of VIM. Wirl, as
Attorney General, held that he was not cit.
izen.
The opposition must be hard pressed for
arguments TO refute those of the decision oil
the court, when they resort 10 such gross
efforts 10 deceive the public in relation 10 the
past action of the court. The authors of this
attack well knew that the question Of citizen
ship was not involved in Ash's case, and
that the courts hsd jurisdiction under The
laws of the District, where Congress, by the
constitution, had the power, and exercised
it, to pass laws, which they could not make
applicable in the several States. These de-.
cepIiohs must deprive those engaged in max
ing Them of the confidence Of those whom
they intend TO deceive Washington Union.