Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-03-21
Unconstitutionality of the Missouri Com
pr0mise----Decisi0n OF the Supreme
Court i'm the Bred Scott Case.

opinion of the court, said that in this case,
after argument at the last term, was direct
ed to be reargucd at the present term, owing
to the difference of opinion existing among
members Of the court. and in 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 in
the case; and if it had jurisdiction, was its
decision erroneous or not
The defendant denied, by plea in abate-
ment, the jurisdiction of the Circuit Court
of the United States on the ground that the
plaintiff ''is negro Of African descent, his
ancestors were of pure African blood, and
were brought into this country and sold as
slaves" and therefore the plaintiff sis not a
citizen of the State of Missouri" To this
plea, the plaintiff demurred, and the court
sustained the demurrer Thereupon the de-
PENDANT pleaded over, and justified the tres
pass on the ground that the plaintiff and bis
family were his negro slaves; and state
ment of facts, agreed to by both parties, was
read in evidence.
The Chief Justice, having stated the facts
in the case, proceeded Gin a tone Of voice
almost inaudible) to say, in substance. that
the question to be decided was, whether the
plaintiff was entitled to sue in court of the
United States This was a particular ques-
| ton, 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 court to meet and decide it. The ques-
ton was simply this-ean negro, whose
ancestors were imported and sold as slaves,
become member of the political commune
| ty formed and brought into existence by the
constitution of the United States, aud as
such become entitled to all the rights and
Iimmunities of citizen, one of which rights
is suing in the courts Of the United State.
in cases therein specified. In discussing this
question we must not confouud the rights Of
q citizen which State may confer within its
own limits with a citizen of the u. States.
No one can be citizen of the United States
unless under the provisions of the censtitu-
ton: but it does not follow that man, be-
ing citizen of one State mnst be reeoeniz-
ed as such by every State in the Union. lie
may be citizen in one State and not recog-
nized as such in another. Previous to the
I
might confer the character of citizen and
endow a man with all the rights pertaining
to it. This was confined to the boundaries
IF State and gave him no rights beyond
its limits Nor have the several States SUR
rendered this power by the adoption of the
constitution. Every State may confer the
right upon au alien or any other class or de-
seription of persons who would to all in
tents and purposes, be citizen of the State,
but hot citizen in the sense used in the
constitution of the United States. lie would
States, and, therefore. could not sue in any
court in the United States, nor could he en-
10y the immunities of citizen in the other
States. His rights would be confined strict
lly to his own State. The constitution gives
Congress the power to establish "a uniform
rule of naturalization y consequently, no
State by naturalizing an alien, could con-
fer upon him the rights and immuni-
ties of all the States under the general gov
ernment. 1t is very clear therefore, that nc
State can, by any act introduce a new mem
Der in the political Union created by the
constitution. The question then arises whe-
ther the provisions of the constitution of the
IT, States in relation to personal rights to
which a citizen Of State is entitled, en-
braced 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 Of any State to make such
a one a Citizen of the State and endow him
with full citizenship in any other State with
out their consent Does the constitution Of
the United States act upon him aud clothe
him with all the rights of a citizen; the
court think the affirmative cannot be main
tanned and if not, the plaintiff could not
be citizen of Missouri within the meaning
of the constitution, nor citizen of the o.
States, and consequently not entitled to sue
in its courts.
1t is true that every person, and every
class and description OF persons at the time
of the adoption of the constitution regard
ed as citizens of the several States, became
citizens of this new political body. and none
other. 1t was for them and their posterity
and for nobody else ard all the rights and
immunities we're intended to embrace only
those of State communities, or those who
became members according to the principles
on which the constitution was adopted. 1t
was Union of those who were members OF
the political communities, whose powers for
certain specified purposes, extended over the
whole territories of the United States. and
gave each citizen rights outside of his State,
which he did not before possess, and placed
all rights of persons and property gu an
equality.
1t becomes necessary, therefore, TO deter
mine who were citizens of the several States
when the constitution was adopted, In order
to do this we must recur to the colonies
when they separated from Great Britain
formed new communities and took their place
among the family of nations They who
were recognized as citizens of the States de-
clared their independence of Great Britain
and defended it by force of arms. Another
class of persons, who had been imported as
slaves, or their descendants, were not recoe-
nzed or intended to be included in that
memorable instrument-the Declaration of
Independence 1t is difficult at this day to
realize the state of public opinion respecting
that unfortunate class, with the civilized and
enlightened portion of the world, at the time
of the declaration of independence and the
adoption Of the constitution; but history
shows they have far more than century been
regarded as beings Of an inferior order, and
unfit associates for the White race, either So