WWW.ABSTRACT.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Abstract, dissertation, book
 
<< HOME
CONTACTS



Pages:   || 2 | 3 | 4 | 5 |   ...   | 45 |

«Chief Justice Roger Taney, et al. Dred Scott v Sandford (1857) Syllabus I 1. Upon a writ of error to a Circuit Court of the United States, the ...»

-- [ Page 1 ] --

Chief Justice Roger Taney, et al.

Dred Scott v Sandford (1857)

Syllabus

I

1. Upon a writ of error to a Circuit Court of the United States, the transcript of the record of all the

proceedings in the case is brought before the court, and is open to inspection and revision.

2. When a plea to the jurisdiction, in abatement, is overruled by the court upon demurrer, and the

defendant pleads in bar, and upon these pleas the final judgment of the court is in his favor -- if the plaintiff brings a writ of error, the judgment of the court upon the plea in abatement is before this court, although it was in favor of the plaintiff -- and if the court erred in overruling it, the judgment must be reversed, and a mandate issued to the Circuit Court to dismiss the case for want of jurisdiction.

3. In the Circuit Courts of the United States, the record must show that the case is one in which, by the Constitution and laws of the United States, the court had jurisdiction -- and if this does not appear, and the judgment must be reversed by this court -- and the parties cannot be consent waive the objection to the jurisdiction of the Circuit Court.

4. A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a "citizen" within the meaning of the Constitution of the United States.

5. When the Constitution was adopted, they were not regarded in any of the States as members of the community which constituted the State, and were not numbered among its "people or citizens."

Consequently, the special rights and immunities guarantied to citizens do not apply to them. And not being "citizens" within the meaning of the Constitution, they are not entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a suit.

6. The only two clauses in the Constitution which point to this race treat them as persons whom it was morally lawfully to deal in as articles of property and to hold as slaves.

7. Since the adoption of the Constitution of the United States, no State can by any subsequent law make a foreigner or any other description of persons citizens of Page 60 U. S. 394 the United States, nor entitle them to the rights and privileges secured to citizens by that instrument.

8. A State, by its laws passed since the adoption of the Constitution, may put a foreigner or any other description of persons upon a footing with its own citizens as to all the rights and privileges enjoyed by them within its dominion and by its laws. But that will not make him a citizen of the United States, nor entitle him to sue in its courts, nor to any of the privileges and immunities of a citizen in another State.

9. The change in public opinion and feeling in relation to the African race which has taken place since the adoption of the Constitution cannot change its construction and meaning, and it must be construed and administered now according to its true meaning and intention when it was formed and adopted.

10. The plaintiff having admitted, by his demurrer to the plea in abatement, that his ancestors were imported from Africa and sold as slaves, he is not a citizen of the State of Missouri according to the Constitution of the United States, and was not entitled to sue in that character in the Circuit Court.

11. This being the case, the judgment of the court below in favor of the plaintiff on the plea in abatement was erroneous.

II

1. But if the plea in abatement is not brought up by this writ of error, the objection to the citizenship of the plaintiff is still apparent on the record, as he himself, in making out his case, states that he is of African descent, was born a slave, and claims that he and his family became entitled to freedom by being taken by their owner to reside in a Territory where slavery is prohibited by act of Congress, and that, in addition to this claim, he himself became entitled to freedom by being taken to Rock Island, in the State of Illinois, and being free when he was brought back to Missouri, he was, by the laws of that State, a citizen.

2. If, therefore, the facts he states do not give him or his family a right to freedom, the plaintiff is still a slave, and not entitled to sue as a "citizen," and the judgment of the Circuit Court was erroneous on that ground also, without any reference to the plea in abatement.

3. The Circuit Court can give no judgment for plaintiff or defendant in a case where it has not jurisdiction, no matter whether there be a plea in abatement or not. And unless it appears upon the face of the record, when brought here by writ of error, that the Circuit Court had jurisdiction, the judgment must be reversed.

The case of Capron v. Van Noorden, 2 Cranch 126, examined, and the principles thereby decided reaffirmed.

4. When the record, as brought here by writ of error, does not show that the Circuit Court had jurisdiction, this court has jurisdiction to review and correct the error like any other error in the court below. It does not and cannot dismiss the case for want of jurisdiction here, for that would leave the erroneous judgment of the court below in full force, and the party injured without remedy. But it must reverse the judgment and, as in any other case of reversal, send a mandate to the Circuit Court to conform its judgment to the opinion of this court.





5. The difference of the jurisdiction in this court in the cases of writs of error to State courts and to Circuit Courts of the United States pointed out, and the mistakes made as to the jurisdiction of this court in the latter case by confounding it with its limited jurisdiction in the former.

6. If the court reverses a judgment upon the ground that it appears by a particular part of the record that the Circuit Court had not jurisdiction, it does not take away the jurisdiction of this court to examine into and correct, by a reversal of the judgment, any other errors, either as to the jurisdiction or any other matter, where it appears from other parts of the record that the Circuit Court had fallen into error. On the contrary, it is the daily and familiar practice of this court to reverse on several grounds where more than one error appears to have been committed. And the error of a Circuit Court in its jurisdiction Page 60 U. S. 395 stands on the same ground, and is to be treated in the same manner as any other error upon whish its judgment is founded.

7. The decision, therefore, that the judgment of the Circuit Court upon the plea in abatement is erroneous is no reason why the alleged error apparent in the exception should not also be examined, and the judgment reversed on that ground also, if it discloses a want of jurisdiction in the Circuit Court.

8. It is often the duty of this court, after having decided that a particular decision of the Circuit Court was erroneous, to examine into other alleged errors and to correct them if they are found to exist. And this has been uniformly done by this court when the questions are in any degree connected with the controversy and the silence of the court might create doubts which would lead to further useless litigation.

III

1. The facts upon which the plaintiff relies did not give him his freedom and make him a citizen of Missouri.

2. The clause in the Constitution authorizing Congress to make all needful rules and regulations for the government of the territory and other property of the United States applies only to territory within the chartered limits of some one of the States when they were colonies of Great Britain, and which was surrendered by the British Government to the old Confederation of the States in the treaty of peace. It does not apply to territory acquired by the present Federal Government by treaty or conquest from a foreign nation.

3. The United States, under the present Constitution, cannot acquire territory to be held as a colony, to be governed at its will and pleasure. But it may acquire territory which, at the time, has not a population that fits it to become a State, and may govern it as a Territory until it has a population which, in the judgment of Congress, entitled it to be admitted as a State of the Union.

4. During the time it remains a Territory, Congress may legislate over it within the scope of its constitutional powers in relation to citizens of the United States, and may establish a Territorial Government, and the form of the local Government must be regulated by the discretion of Congress, but with powers not exceeding those which Congress itself, by the Constitution, is authorized to exercise over citizens of the United States in respect to the rights of persons or rights of property.

IV

1. The territory thus acquired is acquired by the people of the United States for their common and equal benefit through their agent and trustee, the Federal Government. Congress can exercise no power over the rights of persons or property of a citizen in the Territory which is prohibited by the Constitution. The Government and the citizen, whenever the Territory is open to settlement, both enter it with their respective rights defined and limited by the Constitution.

2. Congress have no right to prohibit the citizens of any particular State or States from taking up their home there while it permits citizens of other States to do so. Nor has it a right to give privileges to one class of citizens which it refuses to another. The territory is acquired for their equal and common benefit, and if open to any, it must be open to all upon equal and the same terms.

3. Every citizen has a right to take with him into the Territory any article of property which the Constitution of the United States recognises as property.

4. The Constitution of the United States recognises slaves as property, and pledges the Federal Government to protect it. And Congress cannot exercise any more authority over property of that description than it may constitutionally exercise over property of any other kind.

5. The act of Congress, therefore, prohibiting a citizen of the United States from Page 60 U. S. 396 taking with him his slaves when he removes to the Territory in question to reside is an exercise of authority over private property which is not warranted by the Constitution, and the removal of the plaintiff by his owner to that Territory gave him no title to freedom.

V

1. The plaintiff himself acquired no title to freedom by being taken by his owner to Rock Island, in Illinois, and brought back to Missouri. This court has heretofore decided that the status or condition of a person of African descent depended on the laws of the State in which he resided.

2. It has been settled by the decisions of the highest court in Missouri that, by the laws of that State, a slave does not become entitled to his freedom where the owner takes him to reside in a State where slavery is not permitted and afterwards brings him back to Missouri.

Conclusion. It follows that it is apparent upon the record that the court below erred in its judgment on the plea in abatement, and also erred in giving judgment for the defendant, when the exception shows that the plaintiff was not a citizen of the United States. And the Circuit Court had no jurisdiction, either in the cases stated in the plea in abatement or in the one stated in the exception, its judgment in favor of the defendant is erroneous, and must be reversed.

This case was brought up, by writ of error, from the Circuit Court of the United States for the district of Missouri.

It was an action of trespass vi et armis instituted in the Circuit Court by Scott against Sandford.

Prior to the institution of the present suit, an action was brought by Scott for his freedom in the Circuit Court of St. Louis county (State court), where there was a verdict and judgment in his favor. On a writ of error to the Supreme Court of the State, the judgment below was reversed and the case remanded to the Circuit Court, where it was continued to await the decision of the case now in question.

The declaration of Scott contained three counts: one, that Sandford had assaulted the plaintiff; one, that he had assaulted Harriet Scott, his wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his children.

Sandford appeared, and filed the following plea:

"DRED SCOTT )" "v. ) Plea to the Jurisdiction of the Court."

"JOHN F. A. SANDFORD )" "APRIL TERM, 1854."

"And the said John F. A. Sandford, in his own proper person, comes and says that this court ought not to have or take further cognizance of the action aforesaid, because he says that said cause of action and each and every of them (if any such have accrued to the said Dred Scott) accrued to the said Dred Scott out of the jurisdiction of this court, and exclusively within the jurisdiction of the courts of the State of Missouri, for that, to-wit: the said plaintiff, Dred Scott, is not a citizen of the State of Missouri, as alleged in his declaration, because

Page 60 U. S. 397

he is a negro of African descent; his ancestors were of pure African blood, and were brought into this country and sold as negro slaves, and this the said Sandford is ready to verify. Wherefore, he prays judgment whether this court can or will take further cognizance of the action aforesaid."

"JOHN F. A. SANDFORD" To this plea there was a demurrer in the usual form, which was argued in April, 1854, when the court gave judgment that the demurrer should be sustained.

In May, 1854, the defendant, in pursuance of an agreement between counsel, and with the leave of

the court, pleaded in bar of the action:

1. Not guilty.

2. That the plaintiff was a negro slave, the lawful property of the defendant, and, as such, the defendant gently laid his hands upon him, and thereby had only restrained him, as the defendant had a right to do.

3. That with respect to the wife and daughters of the plaintiff, in the second and third counts of the declaration mentioned, the defendant had, as to them, only acted in the same manner and in virtue of the same legal right.

In the first of these pleas, the plaintiff joined issue, and to the second and third filed replications alleging that the defendant, of his own wrong and without the cause in his second and third pleas alleged, committed the trespasses, &c.



Pages:   || 2 | 3 | 4 | 5 |   ...   | 45 |


Similar works:

«BASE PROSPECTUS (Basisprospekt) MORGAN STANLEY BANK AG (incorporated as a stock corporation (Aktiengesellschaft) in the Federal Republic of Germany) MORGAN STANLEY & CO. INTERNATIONAL PLC (incorporated with limited liability in England and Wales) MORGAN STANLEY B.V. (incorporated with limited liability in The Netherlands) and MORGAN STANLEY (incorporated under the laws of the State of Delaware in the United States of America) as Guarantor for any issues of Securities by Morgan Stanley B.V. Euro...»

«“DECISION-MAKING STYLES OF GENERATION Y CONSUMERS IN THE PURCHASE OF FASHION APPAREL IN KEMPTON PARK” LAWRENCE MANDHLAZI M Tech: Marketing Dissertation submitted in fulfilment of the requirements for the degree of Magister Technologiae in the Department of Marketing, Faculty of Management Sciences, Vaal University of Technology. Supervisor: Prof. M. Dhurup The financial assistance of the Central Research Committee of the Vaal University of Technology towards this research is hereby...»

«The Life and Opinions of Tristram Shandy, Gentleman 1 The Life and Opinions of Tristram Shandy, Gentleman Project Gutenberg EBook, Tristram Shandy, by Laurence Sterne Copyright laws are changing all over the world. Be sure to check the copyright laws for your country before downloading or redistributing this or any other Project Gutenberg eBook. This header should be the first thing seen when viewing this Project Gutenberg file. Please do not remove it. Do not change or edit the header without...»

«WASHINGTON STATE DEPARTMENT OF LICENSING Vehicle Dealer & Manufacturer Resource Manual September 2012 We are committed to providing equal access to our services. If you need accommodation, please call (360) 664-6455 or TTY (360) 664-0116. dol.wa.gov CONTENTS Section 1 References Section 2 Glossary of Terms Section 3 Vehicle Titling Section 4 Where to find • Forms • Washington Laws and Rules • Title & Registration Fees SECTION 1 REFERENCES Dealer and Manufacturer Services Please contact...»

«FACULTY OF LAW Lund University Eleni Karageorgiou The right to effective remedies and procedural guarantees for people in need of international protection JAMM04 Master Thesis International Human Rights Law 30 higher education credits Supervisor: Karol Nowak Spring Term 2013 Contents SUMMARY 1 PREFACE 3 ABBREVIATIONS 4 1 INTRODUCTION 5 1.1 Contextual background 5 1.2 Theory and methodology 6 1.3 Research goal and questions 9 1.4 Scope and delimitations 11 1.5 Outline 11 1.6 Definitions 12 2...»

«Natural fracture analysis from 3D-3C seismic data Interpretation of 3D multicomponent seismic data for investigating natural fractures in the Horn River Basin, northeast British Columbia Abdallah Al-Zahrani* and Don Lawton ABSTRACT A 3D multicomponent seismic dataset from the Horn River Basin was assessed for mapping fractures. The data had good fold, offset and azimuth distributions and several approaches were used to interpret the distribution of natural fractures. In addition to amplitude...»

«Animal Cruelty Laws State By State Alabama: http://www.legislature.state.al.us/CodeofAlabama/1975/13A-11-14.htm ALA. CODE Section 13A-11-14 (1977) The act of cruelty to animals, particularly domesticated dogs and cats, is defined as: “Overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily or cruelly beats, injures, mutilates or causes the same to be done; intentionally tortures any dog or cat or skins a domestic dog or cat or offers for sale or exchange or offers to...»

«iii ©2004 Antares Audio Technologies. All rights reserved. Certified Isinglass-free™ All trademarks are property of their respective owners. Antares Audio Technologies 231 Technology Circle, Scotts Valley, California 95066 USA voice: (831) 461 7800 fax: (831) 461 7801 service: (831) 461 7800 (Option 3) web: www.antarestech.com Printed in USA Rev 1.1 PN 24001-0304-M01 iv The Obligatory Legal Mumbo-Jumbo The Antares Auto-Tune 4 software and this User’s Manual are protected by copyright law....»

«THE TAXABILITY OF FREQUENT FLYER CREDITS EARNED BY EMPLOYEES: WHY THE IRS HAS REMAINED SILENT ON THE ISSUE Darrell L. Oliveirat I. INTRODUCTION It has been over twenty years since the advent of frequent flyer programs at major airlines.' Yet, the Internal Revenue Service (IRS or Service) has left unsettled the controversy surrounding the taxability of credits earned by employees through these programs. This inaction is surprising given the following factors: (1) well-established taxation...»

«A PRIMER ON PUBLIC SERVICE ANNOUNCEMENTS FOR THE Written by Otis W. Littleton BC-ANN for Member Services Directorate, Commodore Oliver B. Brand, NARCO-MS Department of Public Affairs, Commodore Edward G. Neale, Jr. DC-A Public Service Announcements What is a Public Service Announcement? A Public Service Announcement (PSA) is FREE advertising that promotes some public cause or informs the community about important information. The media donates space or air time on behalf of organizations or...»

«The Libel Reform Campaign The Defamation Act 2013: What does it mean for you? The Defamation Act received Royal Assent in April 2013. It is expected to be put into force by the end of the year. The new law is the product of a year-long parliamentary process and a longer period of consultation that has spanned two administrations. Throughout, government and Parliament have sought to rebalance the English law of libel, which had become unfit for purpose. The complex and costly law was...»

«BASE PROSPECTUS ¨ Landesbank Baden-Wurttemberg ¨ (A public law institution of the State of Baden-Wurttemberg in the Federal Republic of Germany) as Issuer Euro 50,000,000,000 Programme for the Issuance of Debt Securities Application has been made to the Luxembourg Commission de Surveillance du Secteur Financier (the “CSSF”), which is the Luxembourg competent authority for the purpose of Directive 2003/71/EC (the “Prospectus Directive”) and relevant implementing legislation in...»





 
<<  HOME   |    CONTACTS
2016 www.abstract.xlibx.info - Free e-library - Abstract, dissertation, book

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.