The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-03-11
DECISION OF THE SUPREME COURT OF THE UNI
TED STATES IN THE DRIED SCOTT oAsE.
CAief Jusliee Taneps Opinli

STATES IN THE DhED SCOli ths,fs.
cMo Justice raneys Opinion.
Chief Justice fancy in delivering the opinion of the
court d that this case after argument AT the last term
directed be reargued at the present term, ewing
to difference Of opinion existing among members Of the
court and IN order to give the subject more mature dep
Grafton
There were two leading questions: first had the circuit
eff the United States for the district Of Missouri ur
dicion in the case and if il had jurisdiction, lis de-
cision erroneous not7
The defendant denied by plea in abatement the ursdc
ton of .ae circuit Of the United States the ground
tat the plaintiff "ts negro Of African descent his
cesors were OF pure African blood and brought
into this country and sold slaves and therefore the
plaintiff lis not citizen of the State of Missouri" To
this plea the plaintiff demurred and the court sustained
the demurrer Thereupon the defendant pleaded and
justified the espas the ground that the plaintiff and
bis family were his negro slaves; and statement OF the
facs agreed TO by both parties, read in evidence.
The Cbs Justice having stated the facts in the case,
proceeded that the question first to be decided was
whether the plaintiff entitled to in court OF the
United States. This peculiar question, and for the
first time brought before the circumstances
but it had been brought here aud 1t the duty Of the
court to meet and TO decide it. The question was simply
thss Can negro whose imported and sold
ss slaves become member of the political community
formed and brought into existence by the constitution OF
the United States and SUCH become entitled TO all the
rights and immunites of citizen OF which rights is
suing in the courts Of the United States ia cases therein
specified
In discussing this question, not confound the
rights of citizen which State may coaer within its own
limits with the rights of citizen within the limits OF the
United States. No be citizen OF the United
States unless under the provisions of the constitution but
il does not follow that man. being citizen of one State
must BIO recognized such by every State in the Union
He be citizen in State and not recognised as such
In another Previous to the adoption of the constitution
every State might confer the character of citizen and
endow man with all the rights pertaining 10 it. This
confined to the boundaries of State and gave him
rights beyond its limits Nor have the several States
surrendered this power BY the adoption Of the constitution
Every State may confer the right upon an alien or on
NM r1a pnf uyptn
all inents and purposes be citizen of the State but not
citizen in the used in the constitution of the Un
ted States He would not thereby become citizen of the
United States aud therefore, could not in any court 10
the United other States His rights would be confined
strictly his Safe. The constitution gives Congress
the power establish IA uniform rule of naturalization
consequently, State by naturalizDg alien, could
confer upon him the rights and mmunities OF all the States
under the general government 1t is clear therefore,
into the political Union created by the constitution
The question then arises whistler the provisions OF the
constitution of the United States in relation to personal
rights 10 which citizen of State is entitled embraced
negroes of the African that time in the country
afterwards imported made free from any State and
whether it is in the power of any State to make such
ship in any other State without their consent Does the
constitution of the United States upon him. and cohe
him with all the rights off ctizen2 The court think the
affirmative cannot be maintained and not, the plaintiff
could not he citizen Of Missouri within the meaning OF
the constitution, citizen of the United States and
consequently, not entitled to sue in its courts
1t true that every person. and every class and descrp
ton of persons at the time OF the adoption OF the cons-
ton regarded citizens of the several States became
citizens OF this new political body and none other y
formed for themselves and their postery and for nobody
else; and all the rights and mmunitics intended
embrace only those of State communities, those who
became members according to the principles which the
were members Of the political communities, whose power
certain specified purposes extended the whole ter
ritores of the United States and gave each citizen rights
outside his State which he did before possess aud
placed all rights of persons and property equality
becomes necessary therefore, to determine who were
citizens of the several States when the constitution was
adopted In order to do this must 10 the colo
mics when they separated from Great Britain formed
communities and took their place among the family OF ma
TONS They who were recognised citizens OF The States
declared their independence of Great Britain and defend
ed 1t by force of Another class of persona who had
been imported slaves their descendants not re-
cognised intended to be included in that memorable in
4 strument--he Declaration of Independence.
II difficult at this day to realize the state of public
opinion respecting that unfortunate class with the civilized
and enlightened portion the world at the time of the
Declaration of Independence and the adoption of the con-
stitulon but history shows they have for than
unfit associates for the white race either socially po
Il cay and had rights which white men bound to
respect and the black might be reduced to slavery
bought and sod and treated ordinary article of
chandse. This opinion, that time, fixed and uni
verea with the civilized portion of the white 1t
regarded axiom in MORALS which oEe thought Of
dsputng and every habituay acted upon it, without
doubling for moment the correctness OF the opinion
j And in nation this opinion more fixed and gen.
orally acted upon than in England the subjects OF which
government not only seized them the coast of Afr
Ca but took them, ordinary merchandise TO where
they could make profit them. The opinion thus
terained was universally impressed on the colonists
this side of the Atantic accordingly negroes OF the
African regarded by them property, and
held, and bought and sold shcR In every of the
thirteen colonies which united in the Declaration OF Lug
pendence and afterw:us formed the constitution The
docrics which we have spoken srkngy enforced
py the Declaration Of Independence. II begins thus
"When, in the of human events it becomes neces
sary for people to dissolve the political bonds which
have connected them with another among
powers OF the earth the separate and equal which
the laws tNatureand of Natures God them decent
respect to the opinions OF mankind requires that they
should declare the causes which mpe them the separ
ton and then proceeds ave hold these truths 10 be
seleviden that all men created equal that they
endowed by their Creator with certain naeDabe rights
that among these life liberty and TIE pursuit happi
ness that to these rights governments nsu-
ted among men, deriving their just powers from the consent
| OF the governed, &c The words before quoted would
seem to embrace the whole human family and IL used In
a similar instrument this day, would be so under
stood But 1T is TOD clear for dispute that the epslaved
African not intended be included for in that
case the distinguished who framed the Declaration
OF Independence would be fagrany against the prinsi-
pies which they asserted. They who framed the Deca
ton OF independence of much honor tduca-
uoD and Intelligence 10 what they did not believe aud
they knew that in part Of the civilized world The
negro race by common admitted the rights Of
reemen They spoke and acted according the practices
doctrines and of the day That unfortunate
was supposed to be separate from the whites and
thought or spoken OF except property These opinions
underwent DO change when the constitution adopted
The preamble sets forth for what purpose and for whose
benefit 1t was formed. 10 formed by peopesuch
as had been members of the original Saesand the great
OBJECT was to the blessings liberty TO ourselves and