, 1866-11-07

4 demurrer to the answer was oyerruled.
The plaintiff then fled the following
reply: ,.
can decent; hut he says he was born free, Within
the Jurisdiction and allegiance Of the United
States, to VII, In tle State Of Ohio, and thai be
United States Of America, aud that be resided In
the Stale Of Ohio from bis birth till hi= removal
into the State OF indiana
4 demurrer to the reply was sustained,
and hnal Judgment rendered against PLAN.
Court. The coming OF Smith, the plaintiff,
into the State since the ado ption OF the Con,
stitution in 1851, Is In direct violation or the
thirteenth article thereof, and Ii the latter i:
sound law, then Smith could not maintain
his suit, and the decision Of the court below
was correct. This was tho real issue before
The opinion i: the appellate tribunal was
delivered byj Chief Justice Gregory, vic,
after rccitlng the facts in the case, aud set
ting our the 18th article of the State Constt
tuition and tue act approved June 18Th, lS5..
to carry into effect It's Infamous provisions,
says:
@ see s5Sfah s. hs o. S se 81 1Pp 3
force Tue same, are ID direct connic1 With the
Constitution OF the Cnited States, and therefore
The Constitution Of the United States provides :
Ant. ~. SEc. ?. The citizens OF each STATE
ss + q e 'SS ''o '1@'1
One Of The privileges and lmnantties arising
come citizen q my one Of thr eesc.ai States b
becoming resident thereof.
In Gassins IS. BaIlou, &c Peters, S. G. r., 761,)
Marshall Chief Justice In delivering the opinion
"Thc defendant IN error Is s!lesed. in the pro.
Gse ss .aa 9 !s TntS se
that state. "A citizen Of The Uni1ed States rcstd.
tns in any State Of the Union, Is citizen Of that
gass ess pseq eaS sst'1f b gdifa
meaniue 81 ihs Constitution, are SthoEo' Which,
arc In their nature fundamental, which belong Of
right to the citizens Of all tree governmental $
Se o1s ,eoas han aeu u9ae
ate; they may, however, all he comprchended un-
der l5e % following general heads:
2. EntoFnent Of life and liberty, with tho right
to se4ulss and possess properly Of every kind,
ansep 10 ese ind ne and
wloie. The right Of cltiz IN 81 one State 10 pass
through Of rsse In any other State for PM oee.
otherwise; TO claim the benefit Of The writ Of ha-
btcst tor7'nf; 10 institute and maintain actions Of
A44lu III kltt 10 tAE4, mold.
md dispose Of property, either real or personal,
may be mentioned as some OF the particular
prlyliiges and in,munilics Of ci,izens.
and the laws msde to enforce tbe same, deprive
all re1suns Of African descent, and living ii the
Stale at the time oI itt adoption
snjosent 81 81 ihs iie and bertya
AND not only do they, deprive them Of all the
privileges and immnnitics secured 10 every eil-
we're punishment upon all Euch persons who may
come into The State, regardless Of their mechaui-
cal skill, Intellectual ability, moral worth, o.
npereons Of African descent arc citizens Of the
Gni1ea s,atfs tas les;ta,to which denies
1t viii bc conceded without argument, In the
language Of Chief Justice Taaey, -that II the Al
1tcan ranks as citizen In the stato 10 which lie
belongs, within the meaning of The Constitution
another State The Constitution cioshes hin, as 10
o. Sean al e IS a @
And, it citizens OF Aftc,n desccnt arc citizens OF
a Stkte aud Of the United Stutes. they would ha
under lhe parnmoun, ar,hofify Of he he Feaessi ssi
Government aud its Conrta would be bound to
maintain and enforce them, the Constitution aud
And the States could limit Or restrict lasr, Of
place the party In an Inferior Grade, then The
cause Of the Constitution would be unu1cauins,
md would have 20 operation, and svonId give no
sanford, u Howard, IL, las
II free native born Americans Of African de-
further from the came opinion, t13 Howard 4l7,)
.4'lt would give to persons Of the negro rncc who
were recognized as citizens IN any one State Of the
ever they pleased, etngy OF In companies, without
paes or passport. and without obstruction, to so
joutn there a. long as they pleased, to 60 where
wlthont mo'estntIou, unless they committed some
violation Of law for which white man would be
pnnehcd."
The only question then is- ...-.
Are persons OF African descent, or negroes, bonn
uniied Suites citizens thereof, within The mcanug
The question was fully discussed in The very
Bates, q Sovem6e5 t. is IL f xh7eh Gc deeides. dse
eoa %s 1 Il Is gnsa /. aa sPia &c
nes general lecarc, op. 4: 9. II, date March
conclusion / and held th., a free coioscd man
was competent to pIe-cmpt land under au act Of
Congress which limited that right 70 citizens and
citszena. Tic privilege of voting, and tho legal
carneily for Office, arc not essential to tho chasac.
Ter Of Citizen, for women are citizens without
ono, aid may a acqnise % and hoid and @ deviss and
transmit by hereditary descent, real and personal
estate.
His Honor then proceeds at some length
ia us,, esnr IT, " .,+.a ~ tnot notoi.r..o ~;
!" lio". SAo. nc sass ol tna1 ce!eg1aiea a.n !,
ease f 1nH' ~ .. mas de.efm,ned ~ IT, !, @ aaa
a'itnouth q meyer lolmaay oserru,eu; y u nov now
dts1eEa!aeq ~ ese!y aepastmehs o. tnc Nov-
e[huient. , fassrous ase E'anteu tq isccnes'
O. coior o! African descent ny INC Executive
s,ates sGI a s ~ ,hs,e u ee om
Fncl. The Supreme Court IN tie face Of lis
own decision admit to Its bar, as attorneys
ana counselloss at law, persons OF African
otECeH.
nj, W. ivat "u" neiu ~ mJn 1ne En n9p,r s pe''S