The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1858-09-04
- go 90. n. Heindon--An lmpor.
"a Of Nm. -. s..,a scott Aec.siOn.
tsnt ~ ltliuyi. STATE Journal.

- AZ Nm. y. ~ 500, Acc sion.
s ,.S sss q the D'e s'' s'I ,a.rDs,,
"'' From ,as Illinois STATE ''a'A4''
:, ,,ro already given short sketch
We have = asl,.eryd by w, Ii. Hern-
+ M r q delivered before the a You, g
Do, r. Republican Club, on last thurs.
Mems VIZ w. There was one point
sy s'sm w. uerudon in reference to the
psde y - asei,ioa, which besides beng
prsd .'. !, important, that We ask the
psS, = = Tin Of on readers to it. II
s''s s.,rthug view Of the pred Scot.
~ Min rhieh DECIDES thai negroes are NOT
sase' WI y under the Constitution OF the
lnl'ta s"ovn that under the ruling Of
. y S = Co .rt ia the above case,
fae aaf .a,ts in the Uoltea States Courts
p' :, T. abetveen cili-c"s' of the Uni
y. IN s,ales The following trom the SEQ e,
90 ' 'aa,on Of the third article Ut the
Constitution is the provision:
uyhe judicial pOwer shall extend to all
NV y =, or equity arising under this
pss.,i,utlou, tue laws OF the united
I . ,rea,ies, etc to all cases *
s'a''s ., citizens Of d B.rent States" etc.
@A'" a,r.usuce of the Con: titutlon, and
- pt,er it was adop;ei, Congress exc
\ he mower above speciiied by pass
sa''u v" :, Il which the following is one
i the provisions; In
~ogpizanee, coucurrent with the
-, If the several States, OF all suits
'S,eiyil nature at common law or IN
W." W. ! citizen of the State where the
. Il, i brought aud citi@e" OF another
State, etc. .oo -. i,
u,s, literally copied from the Constitu.
% .i0a' necessarily conforming to it and linn
"a by j. throughout. We ask our read
~ to mark well the wording of the
s.0se. usetreea citizens IF the different
Ss.e," 1t will be seen that it Is nee
s,,,rv that both parties to the suit, not
spIv the plaintiff but the deteudent,
uast be "cltizcn..
Now, the Supreme Court, in the bred
Scott ease, has decided that negro IL
rot "a citizen" within the meaning OF
H. shave clause OF the Constitution; that
l. espuot sue il the United States Courts
b. cause he is not essizcn( As however
|, the terms of the Constitution, boti,
,.r,is. to the suit must be citizens, "
t the aegro is incapable of suing he is
taua.ly incapable Of being sued. If he
Cause, be plaintiff IN the action, neither
can he b. defendant, for he is no more a
~ci,ilen" in tAe one position than the
other.
Let Us illustrate. Suppose negro OF
Illinois owes white man Of Missouri
,thgesaBd dollars, wulch he refuses IL
rav The white u4n bFinSs SUIT Ia the
LATED States Court against the negro t.
recover the debt | on tho trial, in spite
Of himself. he il throwu out Of court and
sees his debt, because the suit Is not
between citizens Dae Is "cltiz u,
aud the other il i negro aud according
10 the bred Scott decision, the courts
can give him lao remedy The judi II
tells tae white uau--''tro out OF court;
voa have sued a negro: it is decided that
negro is not u citizen, and the Cousti'
taliou says all suits must be between cit.
uens. The Constitution is the supreme
hr Of the abd and must be Ubeyed. &c
cqEof C0urt.
Such i au outline Of Mr. Herndon
Argument which he elaborated at length
aDd fortified by the strongest authorities
We believe MIR. HetBdoa's point cannot
be rontrovetted; aud that the bred Scot,
decision, With places disability upol
negroes By sayio- ,';::.! they are bot eli
gems, works a Ela~t daring wt2aS aud aut
r:e apoa :As white nan, by ieaNiu@ hin
vAaoqt Fe.ae,g against thcEn IN the L
) Courts, and ~ making the negro Eaol
Y irresponsible sar bls contracts.
We ask intelligent men to cxamiu;
tbs d'etem d tie Supreme Court, il
toe bred Scott case, now so boldly Ell
do'sed aud defended by Mr.. Douglas, ane
TX themselves whittier the Democracy
.tt tending. l. this government; Iaad,
!@' white ueu that they cannot be pro
i*eied A ta4ir rights ia their owl
caarsP