Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-03-20
The Case of bred Scott.


denies that the question of jurisdiction was
before the Court, or that in the plea there
is any averment which shows an inability
on the plaintiffs part to sue in the Circuit
Court lie is averred to have negro an
cestry, but Judge Mclean says that this
does not show that he was not citizen OF
the United States within the meaning of the
act of Congress authorizing him to sue in
the Circuit Court, it having never been held
to be necessary to constitute q citizen with
in that act that he should have the qualif-
cations of an elector. No naturalization is
required by one born under our constitution
and laws. The most general and appro-
pirate definition of the term citizen is free
man, and " being freeman, (for the plea
does not contend that he is a slave,) and
having his domicil in a state different from
that of the defendant, the plaintiff is Il citi-
zen within the meaning of the act OF Con-
gress, and the Courts of the Union are open
to him."
With respect to the general question of
the right OF citizenship as appertaining to
colored persons, Judge Mclean shows that
the United States have not been very fasti-
dious about comforting that right Under
the late treaty with Mexico we have made
citizens " of all grades, combinations and
colors,' without even the forms of natural
ization, several States, both slave-holding
and non-slaveholding, have recognized
colored men as citizens. In the admission
of Louisiana and Florida, the same thing
was done as in the recent treaty with Next
co, and no one supposed, and no Court ever
held, that those thus admitted did not be-
come citizens. They have enjoyed and eX-
ercised the rights and privileges of citizens
| Judge Mclean enumerates the follow
ing as the principles involved in this case :
|. The locality of slavery as settled by
this Court and the Courts of the States
.. The relation which the Federal Coy
eminent bears to slavery in the States
3. The power Of Congress to establish
territorial governments and to prohibit the
introduction Of slavery therein.
A. The effect of taking slaves into a new
state or territory, and so holding them,
where slavery is prohibited.
g. Whether the return of slave under
the control of his master, after being enti-
tied to his freedom, reduces him to his
former condition.
6. Are the decisions of the Supreme
Court of Missouri, on the question before
us, binding on this Court, within the rule
admitted
l. On the first point he says that the
civil law throughout the continent Of
Europe is that slavery can only exist within
the territory where it is established. and il
n slave escanes. or is carried beyond such
territory, his master cannot reclaim him
unless by virtue of some express stipula'
ton. Not single European nation consi-
ders itself bound, either by civil law or the
law of nations, to return a fugitive slave tC
his master or owner. High authorities are
quoted in support of this great principle
1no ~. p ~
Gn ~ t s,lV ouui. ~ cue o0"ny " n's
Denv"i ~ VIZ oonol , 49, III, w..
,i mo- ph ".sucu "tu "'s mu1a ~
un1 nen 4I noni III W I'm, l,i, ~
..'I .a ~ ~ GO. ~ ,naia =, ~
tunILr - way s ho,d that .. siarorn 10 sann
.;yI ~ ~ wa, in,, ' ns .L; $50 d ~,
r r;' 70 bnid Slavos rndor o~r rrnnic;no
ia- ;s ,,nDros.;nnabio prt va ,.;o,r H.
,S% os orist;n, hv nos;tiye lo'v IF n MIMI
o;nnai choractnr .bont foundation in IN,
10 ,s 81 $50 Nv H. ',,,rn;,,or I'd ao,,
nov, ,or. =,
I,do,o Nal ooo ,to,, ,,,,o,, ,bo oorsi
doro., - ~ aoann 49, ra;,,t ,r;tt tho da
oIa.a.;o,, that ST. o,ha.;n,iIr,
S,ato ;ns,;trt;or al saT, Xxx tLo y,l,
oonnoat;o,, ,La Eadora1 G''yo,.,,,r,a,t has ,ritj
Si,oa s. 80 rro(, that
IA the u"nstitu.iom RESPECTING d. .y,,
ton of fugitlves. He further shows tina
in the formation of the federal constitution
care was taken to confer no power on the
Federal Government to interfere with this
institution in the States. In the provision
'vepootins tho slave trade, in fixing the ra-
tho OF representation. and pro'idi"S for the
reclamation OF iugitives from labor, slaves
were referred 10 as persons, ana in Other
respect are they considered in the consutu
ton. There is noble sentiment IN this
part OF Judge Mclean DECISION" pre-
Ter the lights OF Madison, Hamilton ana Jay
as means OF constituting the constitution
IN all its bearings, rather than to look be-
hind that period INTO trattc which IS now
declared to be piracy and punished with
death ny Christian nations. lie adds-
- All slavery has Its origin IN power, and
Is against right
.. Inc power in Congress to establish
territorial governments ana to prohlblt the
introduction OF slavery therein Is the next
point considered Judge NJ Lean argu-
meht on TINS point Is very iorcihle ana III
ca 1t would be MARRIED by ahrldgment,
his conclusions are that the federal gov
erhheht nag the riSht 10 prohlbit slavery
III the territories ana the Missouri Com
| promise was ehtIreiV constitution
| t. W nat Is the eject OF taxing slaves IN
10 a state or territory, ana so iiing them'
| where slavery PROMPTED Judge NJ Lean
here introduces the case OF Prlgg vs.. The
State of Pennsylvania, in which the Court,
after affirming the doctrine that slavery was
"a mere municipal regulation said, lit
is manifest from this consideration. that if
the constitution had not contained the
clause requiring the rendition of fugitive
from labor, every non-slayeholling state IN
the Union, could have been at liberty to
have declared free all runaway slaves COM
ing within its limits, and to have given
them entire immunity and protection, a.
gainst the claims of their masters" But
if slave be taken by his master into
state or territory where slavery is prohibit