New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-13
TUE DRIED SCOTT CASE.
THE OPINION OF
MR.. JUSTICE CURTIS,
Delivered In the Supreme Court Of the United States
at Washington, on Saturday, March T. 1857.

asslarahon that be wa irzen Oh INC 30 CO.
seuri and that the defendant was cIuzen u
sfNev.Ymk Th no. doubted that " -
Nrske each Of these allegations 70 sus'a" ~
S,us,sn NJ The Circuit Court The oe'en'"'' u'
~ ME. TO the jurisdiction, ether 'ufnc'e1' VI
s;,rt that the plaintiff was citizen o. INC "''. u
,1s..onj The plain,h demuned 20 that plea Inc
49,. g.. .o;ndp.d the plea Insufficient and the
g.. rne,ton for our consideration is, whether the
.m..,c, Of tha. plea s before this Court fr jads-
s,ept upen this wnt Of error -
The tine quest is not what either OF the psruee
nav be allowed TO Go, but whether TINS Cour' -"
sGrm or reverse judgment Of the Circuit Ooai' y"
She .yits when it appears on the record Dy P'o"
n. Jurisdiction that j. is case TO wnich INC J'''
newer Of the Uni'ed States does NOV eh'sno' i"o
seurye Of the Court is. where no m'oon Is n"i. "
sib.r patty on its motion 70 reverse SUCH jung
MINT for vast Of jurisdiction not only IN cases whefe
u shown negatively, by the record tba, Jursd'c''on
-, not exit but even where 1t does not app7af'
,firmaiiv.ly, that il d0es exist. (Pequgnt w. Inc
Psptylvania Railroad Company, 10 HoT, iVi -
90. mon the principle that the Judicial power OF the
To;,. &, aes must be exerted IN case 10 whlcn
aoesI OF extend If both parties desire % nase !"
sIer,ed Gutter Va. Rae, How, ~ l crpsotn'
therefore that when there wss plea 10 ne Jursolc-
tnn Of The Circuit Court 10 case brought here ~
Mi, of error the FIRST duty Of this Court 49, sVa Spo"
Il not MT I'd to by etber party, 70 .1an'ne tne sum
esncy Of that ples, ard thus TO take care %
IN. Cireut Court nor this Court eha use me J1o"lh
mover Of the United States 10 case TO which the Con-
stitution and laws Of the United States have ~ eA
knded that power. l.. A.. ;;,
.,e aRa@'t''' therefore, 'A'" ''' ''
The plea was follows:
~And the said John sanford 10 his own proper PER
farther Of the scon Aforesaid bee be says na.
.d Of seton .1d ,sn soa .cf The aid Ded
Scott out Of The ju.diction o. this ,irt ana
~ that, 70 Wit: The said plaintiff Dred Scott is not citizen
u the State Missouri alleged il bis declaration bs 's,e
blood AID brought into h. o9anIy sId sold as
negro slaves and This the sad ssna,o,a i. py w VII
tsie further cogbizaDce Of the action aforesaid "
6Tbe plaintiff demuued, and the Judgment Of the Cir
eut Court was tbs the plea was Insufficient
capr OF treat this plea general traveree OF toe
citizenship alleged by the plaintiff. Indeed II II were
70 heated the plea clearly bad; for It concludes
with vericaiion and not to the 1untry, as general
The truth is that though not drawn with the utmost
technical Especial traverse OF toe plan;
tiff Allegation Of citizenship and was suitable aod
proper mode Of traverse uod-r the CT nst8uc Is.
lS,epb.n on Pl 1873 CHI Pl. CO. And upon
demurrer TO this plea the question which arise, 10,
Whether the facts that the plaintiff is a negro, O. Afr
can descent whose anoes of pure African
blood ami were Fought int this country aud sold
negro slaves may ali be true and get the plaatif be
citizen of the State of Missouri within the aDug OF
the Constitution and laws Of the United States Shco
sobfef on citizens of State tho -eI. ~ Vtnvus
Of anothr ate 10 the Circuit Courts. Undoubtedly,
il these facts taken together amou't to al alsasao.
LD,ef slave the plea is sufficient. II hes been sus-
eested that the ples, in legal effect does 80 aver De
Ssuse if his ancestors were sold q, slaves the pre'ump
fion is they continued slaves; and So toe Presump
non is the plaintiff born slave; and, II 20, the
prssampion Vs. he continued TO be slave 10 the time
Of action brought.
10 ep out seiective sverments Id pleadDg-sspecs1y
in pleading in abatement where the utmost certainty
and prt clsion are required.
cannot therefore, trea. this plea A. containing an
ayeInent tn Il the plaintiff himself ives Gsve at the
time OF action brought and the inquiry whether
TIE acs that be IL OF African soent aud tdat ms pa
. RMS were once slaves are necessarily ioc )nSsent
with his own cit zensh la the State OF Mi sour within
she Gaming Of the Constitution and laws OF the United
STATS
t.t.I uss he .psu.ge NJ h @ ,s and
ere mode Of approaching this question is ~ inquire
Who were citizens of the United States at the hne OF
the adoption Of the Constitution.
Citizens of the United State. at the time OF the a1op
ton of the CONSTITUTION can have been other tn IN
citizens of the United STATES under the conederacy
by the articles of confederation aG,vernnent WAS or
gsnized, the style whereof was THE United States
" of An erica" This Government was in existence
when the Constitution was rsued aud Pr p 'Sed tor
adoption and was TO be superseded by the new Gov
eminent Of the United Ststrs OF Am5ioa' %esnhea
urder the Constitution. When, therefore, the Cont
futon spesks of citizenship Of the Uuied states exist
Dg at the time of the adoption of the Cons a'uon, 1t
must esssrily refer - citizenship uoder the Govern
Dent which existed prior to- aud a. the TINS OF su;h
adoption. ,
Without going into any question concsroipg ths
powers of the moderation 10 govern the Territory OF
The United Ssaes Of the limits Cf the Stste-, aud
piy 10 Gus ain the relation OF Govern neat and
citizen III respect 10 the i0hsbtsnts of such Territory
II may safely be said that tic citizens of the several
States were citizens Of the United States under the
Conteoeiation. That Government was simply Con
kdeiacy of the several S.aee possessing TO defined
powers subjects Of general con Sern, each Safe
retaining every power, jus fiction AID right no. OK
pressly delegated thv Cui'cl States ia CJngress
assembled. And no power was thus delegated 10 the
Cover nment Of the Confederation TO act say qu7
tlon If citizenship to mske any rules In respect
thereto The whole matter lett to stand upon the
oction ard TO the natural ccnseq OF suca acon
that the citizens OF such State snou citizens tns
Confsderscy into which that State hsd entered the
style whereof was "the United Sstes Of America"
To determine whett er any free persons dec ended
from Africans held in Slavery citizens Of the
United States under the Contedersucn aud conse
qpea lily at the time Of the adoption Of the Cons aion
OF the United s ates, IT is only necessary TO kno~
whether any such persons citizens either OF the
States under the Confederation a. the time Of the sdop
Ton Of the Constitution.
OF this there can be no doubt. At the time OF the
ratification of the Articles of Confederation, Is fact
b. yond the reach al ihe III Ing eniOus doubts that all
&te, padve born inh 40 AUS Of the State. Of New
Hampshire, Massachusetts New-York New jersey
and North Carolina, though deecended from A rio an
slaves were not op, citizens of tho.e ,tes but suoa
Of item hsd the other Necessary >i 'stions pos
seseed the franchise Of electors equal term. with
ether citizens.
The Stale Manuel Dew. and Bs'. ~, has de-
Glazed the law of thst State this slheot in terms
which believe 10 be sound in lsw in the cthe
Staies which have enumerated a. II WAS 10 North
Carolina:
"AeccIeinG to he laws tAi, State" MI Justice
Sssh ~ oe's, rms TIE opinion OF ire S3utt az humaa be