New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-26

North Colina and subjec. 10 i.s Constitution and v
hence the peculiar phrsseoIogy Of the extract,
Article section l. Every fres white man 0, N. =,
sw.nty0ne years. being citizen Of the Uoited s.,e A.,
citizen OF the county wherein he may offer hi. vol, a,
0n next Pieceons inc day Of election shall be entitled
to vote for members Of the general assembly and "a
officers for tho county distric, In which be r..,a 49,
vidsd that person shall be disqualified for yon, q,
election account Of color who s now BY II, =, ~.
sats.a competent witness In court Of u,,ics .g.a.,
white man. All freemen Of color shall bs ,,.un, g..
military duty time Of peace and also ftom paving f,
polltsx"
Finally the celebrated OF Scot. va Sanford 10 Ho
ards Reports 39] Is sometimes cited as direct suho,,
against the capacity Of free PERSONS Of color to be citizen, f
the United States That Is entire mistake Tie casa =.
stands Ofrecord does not determine pu-port 70 d,,.
uiae that question. u ordin1ry suit sr ire. l,w
very In jurisprudence and especially proy
fox in the legislation ofhe slayehodus state. a.
Ia Missouri For convenience the form the action usually
1, land Ia this CASE respas seaias assault and batter,
and fslse imprsoumsnt,so to enable the defendant Cha
nassr If he choose, to make direct s,us upon me free
dem or slavery Of the plaiua which Is the pon. ara
object Of the action by pleading 10 justification Of the alleged
sspass that the plaintiff ssye-his own OF Anothss
mana
Such an action bred Scott II entitled 10 freedom mish
have brought in tho State court without any gstiou c
20 ship and without being in fact citizen But ssms
he desired bring his scon In the Circuit, Court Of The
nited States Missouri and to enable LIN TO do hN h
had sege citizc nshp because M SANFORD. the defend
ant was citizen Of NewYork end unless the plaintiff
citizen Of Missouri Tor other Sste the national cos
hsi uo jurisdiction Of tbcca
The plaintiff having ado ala election to Ia the United
states court tie defendant might II lie would have PLEADED
IA bar to The merits OF the action but hs exercised biz cleo
ton plead In abatement to the jurisdiction Of the Coon,
.hus that the action spy accrued 20 the SAID bred Sco
out Of the urisdc Of this Court and exclusively waia
the Jurisdiction Of Of the State Of Missouri for th
10 Wit the said plaintiff bred Scott not cizep OF The
State Of Missouri alleged IN his declaration aos becsuss
he was no. born thers and born free, butt because he
a negro Of African descent; his ancestors were o.
pure African blood, and brOush, into ibis
country and sold as negro f,sve, and this he
.sid Sanford (, ready to verify Whersfors he prsysadS
men. whether hi. Court viii take further cog iIn
ofthe ,con 1foread" To this plea tie psn'if dsmursd
and the Circuit sustained the demurrer thereby dsc!u
ing tbs. facts stated IN the plea and confessed BY the Do
nurer did dqusfy Scot. for being citizen ~ Mios
H. and 80 taat the United States Circuit Court had uri,Ics
Of the cause.
The Circuit, Court having taken uri'dc,oo the dfsndaai
had of course to plead orer the merits Of the sc.ion he
did so ard issues Joined aud there an elaeors
trial Of tho facts which resulted 10 verdict AID judgment IL
favor Of the defendant And heeUpon TIE plaintiff 0roua
the case up to the Supreme Court BY writ ofeuer
The power Of the Supreme Cour. the preceding ut
udruen,s OF ths Circuit Court sppcs.s only f
the sole purpose of enabling the Court above to affirm ~ss
has rightly done aud what has been wrongly done
10 tho Court below. Eshe ofhe Court below ccaaa
in the gal assumption Of power hear and deerminshs
merit. within i.s juIdiction, Of course scsut
above viii correct that BY setting aside whatever may
have been done by tho, usurped authority And In doing hh
the Court above has power than Tie Ceus below a
to hear and determine the merits II the case And Asums
the power 10 Determine no. within tie Jurisdiction
AZ great en- error the Court above In the Court below
tor 1t aay true in all Coar.s that the Jurisdiction na"
f,. be ssccrtsned before ..ocee ling to judgment
In th. particular case the Supreme Court aid. fgs! examine
ard conder the plea 10 abatement, and DID aiadss tho!
was good plea sufficient to Duet the Jurisdiction Of TIC III
cu, Court And hence follows, necessary legal ecns$
that Whatever done the Circuit. Cour. aef me
plea in and touching the merits OF te case w
simply void, because done eoram non Jsdss
Pleas In abatement fsvOrss with the COar"n
Ersand or America Lord Coke tells ths. they nc""
certain to . certain intent, In every parteuS' saa
p,aeice they are always dealt with very strictly "hsa
therefore, the Supreme Court affirmed the plea in sbisemsu
in thl, case assume thai 1t 10 affirmed In manner sas
FORM a. written and no. otherwise And this net merely
because pleas in abatement swsys coEsidesed Hricfi "
bat also chiefly because the decision tends 70 s5d
valuable rights Of persons natural bosnin the country vb!a
rights oush. be impaired except up the cleas'' s
dencs Of feet aud law.
Talu. the Plea then strictly ash, is written. the person.
who are excluded by this judgment from being citizens Mo
souI be negroes not mulaoss nor re'fo' nor aas$
rooms Taey mu, be Of African descent, not Ac e'S
,hcuh they come Of the backes, Mssy in Soaihesssen
Asia They have had ancestors yet hst may &c doa0s
fu in Slavery Of putstivs parents VINO ws'e SLAVES
and telns slaves Incapable Of contracting rairnony az
therefore every child must needs be bastard and so oy ~
con m law nuiiu Iiu and Incapable Of snsss'or') III
"A pu.th s.eh ,sn q
no, mixed with the awny Moor Of Morocco the iuskJ
Aab o, the desert both ofwhom had their origin In ASS
They mus. have been brought to this country net consvs
UNFAIRLY and sold kept BY the importer i0r his OWE q"
given 10 his ffiends. |
Ia this argument, raise question upon tho legal vsi
Of the judgment 10 Scott ss. sandford only insist thstH
Judgment IN that case limited IN law. Il IT, III fact nm
iIed the Of the record 20 the plea IN aosee'
consequently that whatever said IN the long courses
the case Is reported 2&o psss respecting the eIs me'
the case and respecting any supposed Legal dsoy e'a"
ins fom the mere fact Of coor, sbonSh entitled " a
,pect which 10 due to the learned and upright source.
which The opinions come dssoys ne rscoT" aaS'
authority b. judicial decision 49,
10 show that landing ell ths, was said SPoA ''ns'
subjects. lbs action 81 the Count was strictly c0nnlsi
plea IL abatement. copy tie Judgment .,
Upon Ito whee, therefore. Il is the Jlosh'" "
co.r, tina, Il appears by the record before US that the
IN .or (. not citizen Of Missouri IN the sense 10 "Ln
word is used In the Constitution, and that the e'u
oftle United States, for that reason had no Jm'sa's'
s case. and could sitc no judgment H. It's juasu'''
~. defsnd,n, must consequently, DO reversed, a"a
date i,,ued directing the sui. to be dismissed ''
Jurisllcton.' +, !. s,o,,,o.i
~ b fe man Of color mentioned in your letter BON
~. lifted s,ate /. citizen Of tho United STATED ana
.,vi,a cu,ided 1, competent, according to toe sea
ccn,,e,s to DO MISTER Of vessel engaged ID we
trade. ~, - ,,r, ob.lnI
An Of which is respectfully submitted y 'Ou,
seIysnt, Eo" An" .
u;-.-vv Srprrr.-Abcus go o'clo5l