Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-03-12

TasS
JUDGE CURTIss OPINIoN.-Associate JUS
tlce Curtis gave his reasons for dissenting
from the majority of the court. The question
is, whether person of African descent can be
citizen of the United States The consti-
tuition used the language, 'citizens of the
United States at the time of the adoption
OF that instrument; referring to those who
were citizens under the confederation. 1t
may, therefore, be safely said, the citizens of
the several States under the confederation
were citizens of the United States under the
constitution. 1t is fact that all the free ma
tive born subjects of New Hamshire, Massa-
chusetts, New York, and North Carolina,
descended from the African race were not on
~ citizens, but possessed the franchise of cleo.
tors on equal terms with other. or white citi-
zens. Those colored persons pere 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 of State and made a citizen by force of
its constitution and laws, is a citizen of the
United States, Having stated the ground of
opinion, and explained the provisions of the
constitution, he said that every citizen at the
time OF the adoption Of that instrument was
so recognized, and no power was conferred to
discriminate between color or deprive any one
OF his franchise. 1t is not true in point of
fact that the constitution was made exclu-
sively by and for white people. The preamble
openly declares that the constitution was
formed in order to secure to the people of the
United States and their posterity the bless
iugs of liberty. ana as Tor the colored citizens,
in five of the States they were among those
tor whom the constitution was ordained aud
established. Color, in the opinion Of the
trainers of the constitution, was not necessary
to constitute citizenship under the consttu.
ton of the United States; and it might be
added that the power TO make colored persons
citizens has been acted upon IL repeated in
stances-in the treaties with the Chocaws,
the Cherokees, and that Of Guadalupe Hjdal.
go, in 1913. And he arrived ut the follow
ing conclusions: l. That the free native
born citizens of each State at the formation
of the constitution became citizens of the
United States. 2. That free colorea persons
born within some of the States, and 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
to be sued in the federal court of the State in
which he resides. 4. As the plea to iurisdic-
ton in this case shows no fact except as to
African descent, and as this fact is not neon
SA9'ohb WIN CittAehslip OF the U lteQ StaLeS,
the decision of the Circuit Court for Mis-
souri, was incorrect. lie therefore dissented
from the opinion of the majority of the court,
that person Of the African race cannot
be citizen Of the United States. He did
not believe the opinions of the Court on
questions not legtlmately before it, to be
binding. He believed, however, that the
Court has jurisdiction in this case, and main
tanned that, under the law Of Missouri, bred
Scott and his family were free persons on
their return to that State. There was no.
thing in history or in the language of the
constitution which restraints the power to
make all needful rules and regulations res
pecting the territory OF the United States, to
such territory only as was owned by the
United States at the time of the adoption of
the constitution. He was not aware that such
suggestion had ever before been made Four
distinct acquisitions of territory have been
made, and six States formed upon them have
been admitted into the Union Such con-
tracted construction as that to which he refer
red was inconsistent with the nature and pur-
poses OF the constitution. as expressed in Its
language. He would eensure that clause of
the constitution :-Congress shall have power
to make all needfu rules and regulations
respecting those tracts of country without the
limits OF the United States and which the
United States have or may acquire by cession,
as well of jurisdiction as of soil, SO lar as the
soil is the property of the parties making the
cession. Congress has power to legisate
with regard to the territories until they shall
apply for admission into the Union as States
The laws must be "needed," and are lett to
legislative discretion. There are two classes
OF acts; and in eight distinct instances be-
ginning with the first Congress and coming
down to lS4S, Congress has excluded slavery
from the territories; and there are six distinct
instances in which Congress has organized
governments for territories, and recognized
slavery and continued it therein, also, begin
ing with the first Congress and continuing
down to 1922. These acts were signed by
seven Presidents, coming regularly down from
Washington to John Quincy Adams, thus
including all those who were in public life
when the constitution was adopted. This
should have much weight on the question of
construction, and it would be difficult to re-
sist the force of the acts to which reference
was made. His opinion was, the decision of
the Circuit Court for Missouri should be re-
vised, and the cause remanded for a new trial
JUSTICE Two emigrant girls in New York
having suffered most outrageous treatment
from thFpR vi lni