The Burlington weekly hawk-eye. [volume] (Burlington, Iowa) 1857-1858, 1857-07-22
vNYTED STATES CIRCUIT COURT.
case OF Mitchell, C0lored Man.
MIA or Nnx lrITIzENsuIp 0yERRELEn

This WAS an action of tresspass brought by the
plsintiff. James C. Mitchell, colored man, q
citizen Of Illinois, in 1854, against the defend
ant Charles Lamar, citizen of Wisconsion, on
charge of assault and battery which disabled
the plaintiff from prosecuting his ordinary busi-
ness for months, and permanently impaired the
ST. ht Of one of his eyes. The defendant plead
ed TO the jurisdiction Of the court, and averred
that the plaintiff was person of color, tO.wit,
nero. To this plea the plaintiff demurred.
in giving the opinion, Judge Mclean observ-
ed that as the leading counsel in the defense ad-
mil. ) that this case is not ruled by the Dred
Scott case, it will be unnecessary to refer to the
latter.
! there is no preteuse that the plaintiff was ev-
or =. slave. or that he descended from slave
! ancestry. No such averment is made in the
plea, and the court can presume nothing in
plea to the jurisdiction. The objection to the
Jurisdiction must be clearly stated, and 1t must
be Of such a character, if true, as to show there
is no jurisdiction.
That the plaintiff is q colored man, to-wit, a
NEGRO. are the substantial words of the aver
ment in the plea 1t is not denied that his DOM
icile is in Illinois
II is known that in several Of the New Eng
land States, negroes are citizens in the broadest
sense of the term having the right OF suffrage.
In Vermont, in regard TO the rights OF citizen
ship. there never was any discrimination as to
color.
In State where Slavery does not exist, eve
ry individual, without regard TO color, is pre-
su,ned to be free; but where color is badge Of
slavery, the presumption is otherwise.
Il has never been decided that to enable an
individual to sue, in the federal courts, he mus
be an elector. Females have q right to sue II
tbs court. though they are not entitled 10 vote
A corporation has right to sue without regart
to the citizenship of its stockholders. II ma.
sue as citizen Of the State where its corporate
powers are exercised
The Constitution aud the ac. OF Congress o
1889, give jurisdiction TO the federal courts De
tween citizens OF different States In the sens
here used the term citizen may well DC helo =
means free man, who has permanent dom
Gle in a State, being subject to its laws in &C
, quiring and holding property, IN the payment
taxes. and in the distribution Of his estate anon
creditors, or 10 his heirs, on his decease. Sue
J man 10 a citizen, SO as to enable him to su'
, as | think, in the federal courts. The otjectio
, has never been made, SO far as | know or o.
lieye. to his right to sue in this court, that he
!: not entitled to vote.
t Tn. provision of the Constitution OF the Un
3 ted States. which declares The citizens OF sac
State shall be entitled to all privileges and IN
,uuni,ies of citizens of the several States, CO.
{ templates an investiture Of political right
which are, in no respect, necessary.tO to enable
nereon TO sue in the federal courts.
This il a very short sketch OF the orinion 9
# lvered, which was not written al length. ~
a Judge declined giving us copy tor pu0i'catio
TIE demurrer was sustained, which held q
Plea sufiicient.-Chicago Press.