Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-03-27

an exercise Of jurisdiction in this case. Such
a decision does not in any degree affect the
merits of the case it only enables the plain
tiff to assert his claim to freedom before this
tribunal. If the jurisdiction be ruled against
him, on the ground that he is a slave, it is
decisive of his fate.
1t has been argued that if a colorod person
be made citizen Of a State he cannot sue in
the Federal Court. The Constitution declares
the federal jurisdiction "may be exercised be-
tween citizens of different States and the
same is provided in the act of 1889. The a.
bovo arguments is properly met by saying that
the Constitution was intended TO be practi-
cal instrument and when its language is too
plain to be misunderstood the argument ends.
In Chirae vs. Chrae q Wheat. 26l 4
Curtis, % this Court says That the pow
or Of naturalization is exclusively in Congress
does not seem 30 be. and certainly ought not
to be controverted.' No person can legally
be made a citizen of State and consequent
ly citizen of the United States, Of foreign
birth, unless he be naturalizod under the acts
Of Congress. Congress has power "to cstab-
lish a uniform rule of naturalization. It is
a power which belongs exclusively TO Com
gross, as intimately connected with our fcdor-
al relations. A State may authorize foreigners
70 hold real estate within its jurisdiction but
it has no power to naturaizc foreigners, and
give them the rights of citizens Such a
right is opposed to the acts Of Congress on
the subject of naturalization, and subversiye
Of the federal powers. regret that any
countenance should be given from this bench
to a practice like this in some of the States
which has no warrant in the Constitution.
In the argument IL was said that "a cOlored
citizen would not be an agreeable member OF
society This IS more matter OF taste than
OF law. Several of the States have admitted
persons OF color to the rights OF suffrage and
IN this view have recognized them as citizens
and tins has been done IN the Slave as well as
IN the Free States. On the question OF cti-
zenship' 1t must be admitted that we have not
been very iasudious' Under the late treaty
wlih Mexico, we have made citizens OF all
grades combinations ana colors Inc same
was done IN the admission OF Louisiana and
Florida NO one ever doubted and mo- court
ever held that the people OF those Territories
lld not become citizens under the treaty
lhey have exercised an the nights OF eit~ens
without being naturalized under the acts oi
congress
mere are several important principles M
VOWED IN TINS case winch have been argued
which may oe considered under the following
heads;
/. The locality OF Slavery, as settled by
TINS Court and the Courts OF the states.
2 he relation which the Federal Govern
ment bears to Slavery IN the States.
8. Inc power OF Congress to establish Ter
utoual Governments and to prohibit the IN
PRODUCTION oi slavery therein
j. The effect OF taking slaves INTO new
State or territory aud so holding them whore
slavery rs prohibited
d. neither tine return oil slave under the
control OF his master, alter Delhs entitleo 20
ms freedom reduces him to hi' former eonai'
uon.
o. are the decisions OF the supreme SouI
OF Missouri, on the question oeiore u.s. Dlnu'
ing on TINS Court, "ithin tne inc. RUE ADOPTED
In tne course OIL my Juuic'al uuIe' ! nl'(
hea occasion 10 cohs'oor anu u''iuo Se'e
OIL 'he oooNe points
r
AS 10 t1e 'ocan'! ol "eIy nc WV.
Ia" ,iou5''u' IHo 'o''''''''. VI i-.i' w. u
Is oc'o'eo' without an ,AC1l'.,''' 's' wa. ,n1
S9'eI! can oAl'' o,Ny "''lln 'no ''ii',ol
""'iN - i' O''"'' "'',' ''''
his n1astcr cannot reclaim him unless bv vir.