The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-04-22
An Unjust Assault upsa Chief Justice
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An Uejuat Assault upea chief justice
The Buffalo Commercial Advertiser Of the
aih inst says: Fss = .t Ftrtst .,f.
p"Chisf Justice Tansy's decision that me-
gross are not citizens of the United States,
and consequently not ektiilsd To sue in The
federal courts, 10 NOT only in contradiction 10
the action of the executive department Of
the government and some of the laws OF
Congress, but 10 In the very teeth of form
or decision of The Supreme Court, delivered
by the Chief Justice himself in 1843. An
Albany contemporary copies from the first
volume Of Howard's Repous the decision OF
the court iu The case Of James Ash, Mary
land negro. who1susa for bis freedom iC The
circuit court of the dislrie, Of Columbia, ss
Dred Scott did n that Of Missorri. The
e~so -~e- ;r. like oerriod up to tho
Supreme Court, and the following decision
was delivered by Chief Justice Taney."
This does great injustice 10 the Chief JUS
lice and the whole court. The case OF Ash
and Williams, referred 10, was Instituted in
the circuit court for the district OF Columbia,
which is the only existing court of reco I'd
having civil jurisdiction therein. It has full
and com piee jurisdiction IN all cases The
act of the 2 7th Of February, 1901, provides:
"That there shall be court in the said
District, which shall be called the circuit
court Of the District of Columbia" and "lhat
said court shall have cognizancs of all Gcrimes
and offences committed within said District
and OF Gil cases IN law and equity between
parties both or either of which shall be resi-
dent or be found within said District"
In short, the circuit court has all the juris-
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 the 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 civil
nature of common law or in equity is con.
fined to caees where the United States are
parties plaintiff, cor an alisn is party, OF
the soft is between citizen of The State
where the suit is brought and 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
Scott the plaintiff did moi sue as an alien, nor
claim to be such, but alleged that he was a
"citizen," and insisted the court had Iurisdic-
tion on the very ground of citizenship. The
Supreme Court, following the Past judicial
decisions and the opinion Of VIM. Writ, as
Attorney General, held that he was not Cit
| izen.
The opposition must be hard pressed for
arguments 10 refute those of the decision ol
the court, when they resort 10 such gross
efforts 10 deceive the public in relation to the
past actioE 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 had jurisdiction under the
laws of the District, where Congress, by the
constitution, had the power, and exercised
il, TO pass laws, which they could not make
applicable in the several States. These de-
cep.ioLs must deprive those engaged in max
ing Them Of the confidence Of those whom
they intend 10 deceive.-WashIngt gton Union.