The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1857-06-11
REF 3BTER's NOTES oFfhe POints
Decided by tise Supreme COwr. iE
the bred Scott Case.
FROM lac Official Report, just published by the
Apple.OBs Fiice SIC.

From l!e Official Report, iust published by the
APple.0Es. Fiice 5Uc.
l.
l. Upon a writ Of error to a Circuit Court Of
the United States, the transcript OF tie rec, I'd
Of all The proceedings in the case is lIo gLt be-
fore this court, and Is open tUits inspection and
revision.
2. When plea 70 the jurisdiction, in abate-
ment, is overgigd by the court upon demurrer,
and tie defendant pleads in lar, AID upon these
pleas the iinal judgement ol The court is in his
taNor-lfthe pIainli brings wit Of error, the
judi ment The court upon Plea IN Abatement
is he.ore this court, although il Was in favor Of
the pla n,iE-and il The court erred in oyeFrul-
ing it, the judgement mast BE- reversed, and n
manaateissuad 70 tbe Circuit to dismiss the
case iol wautof juii-diclion.
8. In the Circuit Court Of The United States
the record must show that the case rs one in
which, ly the constitution and laws Of the Uri
ted States, the court had iuiisdiction-and il
this does not appear, and the court gives Judge
mcnt either ior plaintiff or defendant, il is error
and the judgement must be reversed by this
cour-aEd the parties cannot by consent waive
the Objection to the jurisdiction Of the Circuit
Court
4. 4 free negro Of the African race, whose
ancestors were brought to this country and sold
as slaves, is not a Citizen" within 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 mem
berS oithe comlaumty which constituted the
State, and We:onot numbered among its ''peo-
lPe or ciiizens." Consequently, the special
rights and mmunjtes guaranteed to citizens do
| not apply 10 them And not being "citizens'
within the meaning OF Constitution, they are
not entitled to sue in that character in a court
I oil the United States, and the Circuit Court has
not jurisdiction in such a suit,
8 The only two clauses in the constitution
which point to this race, treat them rs persons
whom tits morally lawful to deal in as articles
OF property and to hold as slaves,
T. Since the adoption Of Che Constitution Of
tie U, Safes, TO State can by amy subsequent
law make a foreigner or any ether description
Of pcrs ons citizens Of the United States, nor en-
tie themto the rights AID privileges secured
to the citize, by that instrument
s. A State, hyits laws passed since the adop-
ton cf the Constitution, may put foreigner or
any other description Of persons upon a leotinc
with It's own citizens, as to all the rights and
privileges enjoyed by them within its dominion
ana by its laws But that viii nat make him a
'citi2cn Of the United States, nor eniJle him t.
sue ii lis courts, nor to anyof the privileges and
mmuniGes Of n citizen in another State
8. The ochange IN public opinion and ,eelirg
in relation 10 the African race, which has taken
place since the adoption ctthe Constitution, can
not change its constructionand meaning, and il
must he construed and administered now az =
coIdng TO its true meaning and. intcntion when
it was lor,ned and adopted,
10. The plaintiff having admitted, hy his de-
murrerto lie Plea in abatement. that lis ances
tors we're imported from Africa and sold as
slaves, Ike isnot a-citizen Of the State Of 1seou-
ri. according to the Constitution Of the United
States and was not entitled to sue in that char
acter IN the Circuit court
il. This being the case, the judgement 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 uro't
mp BY this writ OF error the objection 10 the cit
zenship of the Plaintiffs still apparent on the
record, as he himself in making out his CASE
states that he is Of African descent, was born
slave. and claims That he and his family became
entitled to freedom bv being taken 70 Rock Is
land, in the State Of uI!nos--and being free
when he was brought back TO Missouri, he was
by Tie laws Of the State citizen.
2. r. therefore the facts he states do not
rive him Or his family right to freedom. the
plaintiff is still slave, and not entitled to sue
IS a "citizen," and the Judgment of the Circuit
was erroneous on that ground also, without any
reference to The plca in abatement.
3. The Circuit Court can give no judgment
for ti3 Ilaiuaif or defendant in case where 1t
has not jurisdiction no matter whether there
may be plea in abatement ornot And unless
It appears upon the face of the record, when
brought bere by writ eferror that the Circuit
Court had jurisdiction, the judgement must be
reversed
The case Of Capron agt. Van Nomdon G.
Cranch, 1860 examined and the principles
thereby decided 1e.afIimtd
4. When tho record, as brought here bya
writ of error, does not show that the Circnt
Court had jurisdiction to revise and correct the
eIror, Ike any other error in the Court below.
1t does not and cannot dismiss the case for want
oriurisdicton here; for that would leave the er.
r noous judgement Of the court below in full
oree, and the party injured Without remedy
But it must reverse the judgement, and. as in
any other case Of reversal, send mandate to
the circuit court to conform its judgement to
The opinion of this court.
g. The diffele1cc of tie Jurisdiction in this
court in Che eases Of writs Of error to State
Courts and Circuit Gowtsofthe United States
pointed out; and the mistakes made as to the
jurisdiction ofthis court in the latter case, by
Ieonfonnding it With its limited jurisdiction in
Jhe former
g. Ii the court reycrses judgement upon
HE ground that it appears by particular part
Of the record thatthe Circuit Court had not in,
fisdictiun. it does not take away tba iurisdie.
lion Of this so1rs to Examine into and correct
by.a reversal ot the Judgement, any other errors