New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-10


nI.s i,,,ao,~,t; ts. des ndAnt wss rsled 20 pe'h
ny ia, hi, ruk he pIesded-l Not Gaihy.
T.D,.I Scott vsss negro slave, the property CT
.~t,1.r.. and g. That II .rriet the wife aud
r;,..,s Iias, the daughters Of toe plsiailf, we're
~. lawful slaves Of the defendant
s.a. gained Oh the hrst plea and replc .ons OF
4, ,xj,.r.a were FLED TO the other pleas.
T1e nAr,i.s sgreed 70 the following fac,s: In the
90, lsaI the ulaIuh was negro slave belonging -
doctor Emerson. who was Surgeon In tue Army OF
the United S,aies 10 that year Dr.. Emerson TOOK
Tho p.ntia from the State Of MJsoan to the poet oil
Rock Isapd ia the S'ate Of Illinois and held MN
there A. slave until the month of April or May 1870
A. n. time last ID, ntoned DR.. Emerson removed the
plaintiff from Rock bsDd 70 the military post a, for'
e,shng animate on the west bark Of the M-4is7'ppl
River in the territory kno a. Upoer LDui-i.n9 ac
nnired by the Cpited States Of France, and situse
rorh Of the latitude Of 30 deg 30 min n'r,nl ana ha
r1rtb of the Safe tf Missouri DR. Emerson held 'ne
,l.,,iF IN ssyery Of r r. Soellng, from the last
In.utioped date until the year loj6
In he year 1895 Harriet, who is nsmad IN he sec
nd count Of the plaintiff declaration was The negro
ssx Of MsioI Tall serro who belonged TO the amy OF
N. Tinted Stres In that year Major Talisierro, TOOK
Harri.t TO Fort Smelling military poet s'tua'ed g.
feeinbefore stated and kept her there az slave until
the year 1896, and then sold and Delivered ne a.
,lsve at Fort SDellipg, unto DR.. Emerson who held
her in slavery, at that place, until the year 1879
In the year 1896 the plaintiff and Harriet were mar
ned a. For Smelling with the c0n7ett OF Dr. r. neiSoo
who claimed 10 be Their master and owner Eva ano
Ivy nsmed in the third count OF the Pa,ntli oec
ls,s,iou are the fruit Of that marriage. liza about
furteen v, ar old and born Oh board Inc steaal
boat Gipsy, north of he morn line o. tne S,ale OF
Missouri and upon the River Mlsslrsippl Ley II
al. nj seyen years old, and wai boz Ia the SAFE o
Missouri at The military post called Jefferson .rracks
In The Year 1898 d.. Emerson removed the plaintiff
and said Harriet and their daughter Ehza from on
her hoy O.
tiDCe resided.
Refore the comm eli emeDt of the suit DR.. nerson
,tld and conveyed the plaintiff Harriet, Eliza and
Izzy 10 the defendant slaves and he has ever slhce
claimed TO held the nl ~ slaves.
A. the tin % mentioned in the plaintiff declaration
the deepc ant, claiming to be owner laid MS nsnd5
upon eaid plaintiff Harriet, Eliza and L'zZy ana In
prsoped them doing in this respect however no more
than be might lawfully do II they were OF ngn' us
In The fist place the plea to the jurisdiction is not
before us, on this writ Of error. A demurrer 20 .he
plea was sustained which ruled The pica oao anu VIC
defendant, on leave, pleaded over r.. = 49,,
The decision the demurrer was III aVor vi tue
plaintiff and the aintih prosecutes ms uiil o'
80 bs does OF complain Of the decision on the de-
muIrer The defendant might have complained OF this
deci.on a. against him and have prosecu ed writ
of er1or 10 reverse il But the c4se, under the in-
structon of the Court TO the Jury was decided in his
favor of course he had no ground OF compliant
But il il said if the Court looking at the record
shal clearly perceive that the Circuit Court had no
iurisdictoD il il ground for the dlsmssa OF the case
This may be characterized az rather sharp prsc ice
| and one which seldom if ever, occurs No case :" Al
cited in the argument authority, and not single
care precisely in point il recole ted in our reports
| The pleadiDgs do not show want OF jurisdiction
This want of ursdlctOn only be Is Stained Dy
| Judgment on the demurrer 10 the special plea. Nc
euch case il lie believed be cited. Bat II this rule
OF practice to be applied i'll this case and the pam
tiff in is required to an'wer and MAINTAIN as wei
the points ruled IN his favor a. to show the error Of
tbo,e ruled ag aiDtt him. he has mere than an ordinary
duty TO perform. Under such circumstances. the want
of Jurisdiction in the Circuit Court must be 80 clear a:
not TO admit of doubt. Now the plea which raises the
question Of Jurisdiction in my judgment, IL radically
| defective. The gravameD of the plea Is this: " Ina
the plaintiff is nj gro OF Afric an descent, hs ancestors
being of pune African blood, and we're brought intC
| this country and sold az negro slaves.
| There il DO svemeDt in this plea which shows OF
cor opces TO show inability in the paintf to sue IL
the Circuit Court 1t does not suege that the paintif
has bis domic in any other stste nor toat he no,
free msn in Missouri. He Ia averred to have had
negro ancestry but this does not show that he not
citizen Missouri within the meaning of the At 81
Congress authorizing him to sue In the Circuit Court
IL ar never be held necessary TO Constitute clzen
] within the act that he should have the quahc atoms
| Of ap eecor Females and minors may sue 10 the
| r. dtrsI courts and so may any individual VINO mas
Do mspent domic In the State under whose laws hlr
rights are tro'ected and 10 which be owes allegiance
| Being born under our Constitution and lass no IT.
uralzaiion required, NJ one OF foreign Dth 10 maze
him citizen. The most general and approPn,,e den
milton of the term citizen Ia I" q freeman. Being
freeman and having bis domicl in State different
fiom that of the defendant he ia citizen within the
Act of Congress, and the Courts OF the Union are open
| to him.
has often been held that the jurisdiction, the
ground of parties can on be exercised between
citzei of different Ststee, and that mere residence
is Sufficient; but this has ben said To distinguish
| temporary from permanent residence.
TO constitute good ples 10 the Jul isdicton, 1t must
negative tho.e qualities and rights which enable an
Individual to sue in the Federal Courts. rns has not
bs done and OR this ground the plea defective,
and the demurrer was properly sustained: No inpli
cation aid plea in abatement or ln bar; 1t must
be complete in .el the facts sisted, if true, must
sbse bar the right of the plaintiff to sue. This L.
not the character of the above plea The facts stated
| if admitted, not Inconsistent with other facts,
which may be presumed, and which bring the plaintiff
| within he act of Congress.
The plea1er has not the bodneee to slege thst the
psiniif il slave, as that would assume against him
Il matter in controversy and embrace the entire
it, of the case in plea 10 he Jurisdiction But beyond
the in the plea, the Court, to sussin II,
the plaintiff 10 be slave, which is deci-
sive On the merits. This is short and efectu.l
mode Of deciding the cause; but yet TO learn that
it is sanctioned by any known rule of pleading.
The defendants counsel complain, that if the Court
take jurisdiction the ground that the plaintiff is free,
the assumption sc ,inst the right Of the master This
argument is easily answered In the fret place the
plea does not show him ~ be slave; does not iouow
that il not free whose ancestors were slaves.
The reports of the Supreme Court of Missouri chow
that this assumption bias many exceptions; and there Is
III the plea that the plaintiff is not within
them by all the rules of pleading, this is fatal de-
feet in the plea II there be doubt, what rule OF con-
stIuction has been established in the Slave States In
Jscob We. Shsrp, (Megs Rep, Tennessee, la the
Court held When there was doubt a. TO the construc
ton Ct will which emancipa,ed slave. il must be
construed to be subordn ste to the higher and more i'm
| portsnt right OF freedom
No iIju,tce result to the master from az
cse of jurisdiction in this Such decision doe
Dot in sUy degree affect the merits of the csse il only
In h..