The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1857-07-30
ImpOrtant Decision in the u. s.
Circuit Court. a. ~ tsFg
JAMES c. mrrcHrlL rs. CHARLES LAMAR.


1t will be remembered that we recited few
days since, the particulars Of case on trial in
the U. s. Circuit Court, new in session, in, this
city, in which Mitchell (colored) plaintiff, de-
INJURED to The plea Of Lamar, defendant that
he, Mitchell. being negro, was not citizen
in any sense that entitled him to bring suit in
the Courts of the United States. The case
was argued, and the Court took it under ad-
visement. Yesterday, decision on the demnr-
rer was read by Judge Mclean, in which the
demurrer was sustained. Below we give a
syllabus Of the opinion, in which Judge Drum
mond concurred:-- t,aE-...ss
. In giving the opinion, Judge Mclean OBJ
served that as the leading counsel in the de-
fensc admits that this caseis not ruled by the
Dred Scottcase, it will be unnec essary to refer
to the latter sssgy .xxE Sssssa9 zsass.E
There is no pretense that the plaintiff was
ever slave, or that he descended from slave
ancestry. No such avermest is made in the
plea, and the court can presume nothing in a
plea to the jurisdiction. The objection to the
jurisdiction must be clearly stated, and It must
be Of such character, if true, as to show there
is no jurisdiction. ~ ? s''
That the plaintiff is colorcd man, to-wit
nes TO, are the substantial words of the aver
merit in the plea. 1t is not denied that his
domicile is In Illinois lstasisisfa} 5stlssias
itis know that in several Of the New Eng
land States, negroes are citizens in the broadest
sense Of the term, having the rights Of suffrage.
In Vermont, IN regard to the rights Of citizen
ship there never was any discrimination as t.
color. ysss 'ssss SO az%R aa3 ssa sess*i !
In state where slavery does hot exist, ev-
cry individual. without regard to color, is pre-
samedto be free; but where color is a badge
Of slavery, the presumption is Otherwise. ]. :,
. 1t has never been decided that to enable an
individual 10 sue, in the Federal Courts, he
must be an elector. Females have a right 10
sue in this count though they are not entitled
tovote.a A corporation has the light to sue,
without regard to the citizenshipof its stock
holders, it may sue rs citizen Of the State
where itscorporate powers are exercised. 41.s.,
The Constitution and the act OF Congress Of
1889 give jurisdiction of the Federal Courts
between citizens OF different States. In, the
sense here ssed, the term citizens may we'll be
held to mean freeman, who has permanent
domicle in State, being subject to its laws,
ip acquiring and holding property, in the pay
mept Of taxes, and in the distribution Of his es-
tate among creditors, or to his heirs on his de-
cease. Such man is citizen, so as to ena-
bic him to sue as think, in the Federal Courts.
The objection has never been made, so far as ]
know or believe, to his right to sue in this
court, though he is not entitled to vote. =
The provision Of the Constitution Of the Uni.
ted States, which declares ssthe citizens Of each
State shall be entitled 10 all privileges and i'm.
ninities OF citizens Of the several States,, con
templates an investiture Of political right.
which are, in no respect, necessary to enable
person to sue in the Federal Cosrts.o
This is short sketch of the opinion deliv
cred, which was not written At length. Tn,
Judge declined giving copy for public alton
The demurrer was sustained, which held tn,
picainsuficient.- Chicago Tribune.