Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1857-03-21

Associate Judge Curtis gave his reasons for dis
senting from the majority Of the Court. The
question is, whether a person OF African dissent
can he II citizen Of the United States. The Con-
stitutiOn uses the language, "citizens Of the United
States at the time of the adoption" Of that instru-
ment referring to those who were citizens under
the confederation, 1t may, therefore, DE safely
said, the citizens Of the several Statgs under the
confederation were citi zens of the United States
under the Constitution. 1t is q fact that all the
Free native subjects Of New Hampshire, Massa-
chusetts, New York and North Carolina descended
from the African race, were not only citizens, but
possessed the franchise of electors on equal terms
with other, or white citizens. Those colored
persons were not only included with the body of
white persons in the adoption Of the Constitution,
but had the power to and did act in its adoption.
Under the Constitution every free person born
on the soil VI u State and made a citizen by force
of its Constitution aud laws, is u citizen Of the
United ST ties. Having stated the ground Of his
opinion, and OK planned the provisions of the Con-
stitution, he said that every citizen at the time OF
the adoption OF that instrument was 50 recognized,
and no power was conferred to discriminate be-.
tween color, or deprive any one of his franchise.
1t is not true in point Of fact that the onstitution
WIS made exclusively by and for white people.
The preamble openly declares TINT the C0nstitu-
ton was formed in order to secure to the people
Ot the United States and to their posterity the
blessings of liberty and rs for the colured citizens.
in five oi the States they were among those for
whom the Constitution was ordained and estab-
lshed. Color in the opinion of the trainers of the
Constitution W hs not necessary to constitute cit.
izenship under the Constitution of the United
States and it might be added that the power to
make colUred persons citizens has been acted on
in repeated instanCes-in the treaties with the
Ch0ctaws, the Cherokecs, and that of Guadalupe
~llidalGo, in 1913. Aud he arrived at the follow
ing conclusions:
l.. That tho FREQ native born citizens of each
State ut tho 70 nation Of the Constitution became
citizens of the United States.
2. That free cOlored persons born within some
Of the States, aud citizens of those States, were
also citizens of the United States.
8. That every such citizen residing in any State,
has the right to sue and be sued in tho Federal
Court Of the State in which he resides.
i. AS the plea Of jurisdiction in this case shows
no lacts except as to African descent, and as this
fact is not inconsistent with citizenship of the
United States, the decision Of the Circuit Court for
Missouri WAS incorrect. He, therefore, disseuted
from the opinion of the majority Of the Court that
II person OF the African race cannvt be u citizen OF
the United States.
lie did not Jelie,e the opinions Of the Court on
questions not hgittnateiy before ii, to be 6inding
lie believed, however, that the Court has juris.
dlction in this case, and maintained that, under
tie law If Missouri, bred Scott and his family
were free persons on their return to that State
There was nothing in the history or in the language
" nv CuHetltuNOn WhlCn retains tne pU Wer tU MAKE
Ill neediul rules and regulations respecting the
Territory OF the United States, to such territory
only as was owned by the United States at tht
time OF the adoption of the Constitution. lie
was not aware that such a suggestion had evel
before been made. Four distinct acquisitions O
territory had been MADE, and six States formed
r upon them have been admitted into the Union.
Such p contracted construction as that to which
he referred was Inconsistent with the nature anC
purposes Of the Constitution, as expressed in it
language. lie would construe that clause of tht
Constitution thus Congress shall have power t.
make all needful rules and regulations respecting
those tracts of country without the limits of tn
United States, and which the United States hav,
or may acquire by cession, rs well of jurisdiction
as of soil, 80 far as the soil is the property of tn,
parties making the cession.
Congress has power to legislate with regard t.
the territories until they shall apply for admission
into the Union as States. The laws must be ''need
+ full" and are left to legislative discretion. Their
5 are TWO classes of acts; and in eight distinc
coming down to 1913, Congress has excluded
Q slavery from the territories; and there are six dis
Q tinct instances in which Congress has organize
n governments for territories, and recognized SLAYER,
and continued it therein, also, beginning with tn
+ first Congress an coming down to 1929 Thosek act
were signed by seven Presidents, coming regular
~ down fro n Washington to John Quincy Adams
n thus including ali those who were in public lf
e when the Constitution was adopted. This shoul
have much weight on the question Of construction
and it would be difficult to resist the force of tn
acts to which reference was made. His opinion
was, the decision of the Circuit Court Of Missouri
should be reversed, and the cause remauded for
s new trial.
To these opinions of the Judges we add tn
comments Of some Of the more influential presse
r 49, oo,,nt,r