Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1857-06-03

|
how
mo, you're not; I felt all the time that
you were displeased with me, but you do
love me just as well as everY
| That smile, that glance, would have salts
| fled any wife.
"She is jewell any how" murmured Har
ny Leeds to himself, after she had left, as he
| arranged his disordered desk with face as
changed and bright as the sky outside, for
the sun had suddenly plunged through the
| clouds. live have pretty good sales this
week, I'll get her that carpet for Christmas
present, see if don't.
Reporters Notes Of Points Decided by
the Supreme Court in the bred Scott
Crse.
From the Official Report just published by the Appetons,
price, so cents.
|. Upon a writ Of error to a Circuit Court
of the United States, the transcript of the
record of all the proceedings in the case is
| brought before this court, and is open to its
inspection and revision.
,. When plea to the jurisdiction, in
abatement, is overrued by the court upon
demurrer, and the defendant pleads in bar,
and upon these pleas the final Judgment of
the court is in his fayor-if the plaintiff
| brings writ Of error, the judgment Of the
court upon the plea in abatement is before
| this court, although it was in favor of the
plaintif:-and if the court erred in overrul-
ing it, the judgment must be reversed, and a
| mandate issued to the Circuit Court to dis
miss the case for want of jurisdiction
3 In the Circuit Courts of the United
States the record must show that the case is
one in which, by the constitution and laws
of the United States, the court had jurisdic-
| tion-and if this does not appear, and the
court gives judgment either for plaintiff or
defendant, it is error, and the Judgment must
be reversed by this court-and the parties
cannot by consent waive the objection to the
jurisdiction of the Circuit Court
4. A free negro of the African race,
whose ancestors were brought to this coun-
try and sold as slaves, is no a Citizen with
in the meaning of the Constitution of the
United States.
5. When the constitution was adopted,
they were not regarded in any of the States
as members of the community which consti-
tuted the State, and were not numbered
| among its people Or citizens" Consequent
IT, the special rights and immunities guaran-
tied to citizens do not apply to them. And
not being citizens" within the meaning of
| the constitution, they ale not entitled to sue
| in that character in court of the United
States, and the Circuit Court has not iuris-
diction in such a suit.
6. The only two clauses in the constitution
which point to this race, treat them as per-
sons whom it was morally lawful to deal in
as articles ofproperty and to hold as slaves.
/. Since the adoption of the Constitution
of the United States, no State can by any
subsequent law make foreigner Or any 9TH
err desert Ption Of persons citizens of the Unit
ed States, nor entitle them to the rights and
privileges secured to the citizens by that in
strument.
8. A State, by its laws passed since the
adoption of the Constitution, may put a for
eigner Or any other description of persons
upon a footing with its own citizens, as to
within its dominion and by its laws. But
that will not make him citizen of the Unit
ed States, nor entite him to sue in its courts
nor to any of the privileges and immunites
of citizen in another State.
g. The change in public opinion and feel
ing in relation to the African race, which
has taken place since the adoption of tho
| Constitution, Canno, change its construction
| and meaning, and it must be construed and
administered now according to its true mean
ing and intention when it was formed and
adopted.
10. The plaintiff having admitted, by his
demurrer to the plea in abatement, that his
ancestors were imported from Africa and
sold rs slaves, he is not citizen of the State
of Missouri according to the Constitution of
| the United States, and was not entitled to
sue in that character in the Circuit Court
| H. This being the case, the Judgment of
the court below in favor of the plaintiff on
the plea in abatement, was erroneous.
| II. -..-
| l. But if the plea in abatement is not brot
up by this writ of error, the objection to the
citizenship Of the plaintiff is still apparent on
the record as he himself in making out his
case states that he is of African descent, was
born a slave, and claims that he and his
| family became entitled to freedom by being
taken, by their owner, to reside in a terrific
ry where slavery is prohibited by act of Con-
gress-and that, in addition to this claim,
he himself became entitled to freedom by be-
ing taken to Rock Island, in the State of H.
linos-and being free when he was brought
back to Missouri, he was by the laws of that
State citizen.
2. If, therefore, the facts he states do not
give him or his family a right to freedom,
the plaintiff is still a slave, and not entitled
to sue as a Citizen and the judgment of
the Circuit was erroneous on that ground al
So, without any reference to the plea in
abatement.
8. The Circuit Court can give no Judgment
or plaintiff OR defendant in case where it
has not jurisdiction, no matter whether there
| be plea in abatement or not. And unless
IL ~ E, of&
! brought here by writ OF error that the Cir
cult Court had Jurisdiction, the Judgment
! must be reversed
The case of Capron ast Van Noorden e
Cranch, 1867 examined, and the principles
thereby decided re-affrmed
4. When the record, as brought here by
writ of error, does not show that the Circuit
Court had jurisdiction, this court has iuris-
diction to revise and correct the error, like
any other error in the court below. 1t does
not and cannot dismiss the case for want of
jurisdiction here; for that would leave the
erroneous judgment of the court below in full
force, and the party injured without remedy. |
But it must reverse the judgment and, as in
any other case of reversal, send a mandate |
to the Circuit Court to conform its Judgment |
to the opinion of this court.
3. The difference OF the jurisdiction in |
this court in the cases of writs of error to |
State Courts and to Circuit Courts OF the |
United States, pointed out; and the mistakes
made as to the jurisdiction of this court III |
the latter case, by confounding it with its lin
tied jurisdiction in the former.
:, If the court reverses judgment upon !
the ground that it appears by particular
part of the record that the Circuit Court had |
not Jurisdiction, it does not take away the
jurisdiction of this court to examine into and |
correct, by reversal OF the judgment, any