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Sctottunt-k+6erritsint,'lo7.llp4to.i,,
ihriginat Vottrg,
} " ...ir the Dentocrit.
' DON'T DESPAIR.
• "Ascribed to the desponding Soasand Dough.-
ttrs of humanity.
1W T.
I , NYlien difficulties liedge: . your
) , A n a sorrows on your siiirii:prey;—
PeVhen friends your . confidepce betrsy;' , ::::";
Don't . despair I ':,` r. •
. c
• ,
When angry"foe•, surcharged with liUte,
Like fiends in Tartarus, await
To drag you from your high estatu,'
Don't despair.l
When Envy , breathes a sullen growl,--;.
Regards you with malicious scowl;
When at your heels contemners howl,
,Don't despair!
When Malice Strives your peace to blight,
And shroud-your hopes in Woonay night,
Look upward I fearless, cleave to right,
Don't dtvair
•
When Slander seeks your prait , e to drown—
Subvert your merited renown, : . .
...
'COnfrout the libel I live it down ! ' ,- .
. :Don't despair I
When Passion is angry billows roll
Threat'aing disaster to the soul,-:
'Bid Reason combat—'twill control,
Don't desp:►ir
When Disappointment'and beri l grew
Of goading evils heave it. view,
And' try to rivet woes on
Don't dspair
When Penury, with squalid mien
—A despicable *shape, I ween—:-
reneath your cottage roof is seen,
Don't despair!
When anguish rick% your weary frame,
And fever scorches Kith its flame,
well," be ready to exclaiin,
Don't clespair !,
. .
When called with cherished ° ones to part,
Tho grief oppress th 3 wounded heart,
Rea emher Wisdom gives the smart, \;;_
Don't despair? .
A, 501,1i415 in lifu's hattle-field, -
Your falobion Justine, Truth your shield,
Resolve too conquer!—never yie.:rd, • •
Don't devair
Sunny Glen, Pa.
Wistellautous.
THE BROTHER'S REVENGE.
~Y KA :' TBA::
One of those delightful CaHernia mountain
sunsets was approaching, when two iravelers
one leading a` ladened I)ea‘l i might have liten
seen slowly' toiling up 4 the ascent of one of
the interior mountains. They bad. evidently
traieled far judging from the • indications :of
fatigue which even the lardf Mule .
diFpias
ed.
The resemblande in the - frank and - heath.,
some, though dast.bezrinimed countenances,
announced the trace/eta as brothers- The
lateness of the hour warned them that it-was ,
time to camp and prepare-their evening meal.
The-sun was sinking gradually in the west
ern
horizon ; the rays slowly • retreated from
the basis to the summits of the :surtdrinding 1
bills,- there playing around - them. for it n:10- '
ment, like devoted fritrids, loth to leave them
to night and darkness.. A gentle, balmy
breeze strayed through. the boughs of the for
estirees, causing the leaves, still wet, with
the moisture of the recent 'ruin, to
,sparkle
and fa-h in the light of the departite-tirh
like lustrous diarnonds. .. ,
Our ft lends advanced until they reacbed.an
open space upon the summit .of , lhe -hill, 1
where halting, they set about preparing, with i
a - dexterity acquired-by long practice,., their
evening meal.
. • "Frank," said one, "you: tnke file- mini!)
kettle and find some water, while I make' 4 .. ,,
.fire and get the grub ready for cooking."'
- Thus directed, Frank departed, is hide '. the
other busied himself with. the 'prelimirtaryar
rangen3ents of a hearty supper. -These-.a,C:-
COmplished to his- satisfaction, hesertted him :
self by the fire •to await • tho return of his'
brother. , An hour dragged slowly , by, and
Ire began to grow impatient,' riiiretiir:rapid 1
-step announced the return of:Friank,apd pre!.
truly he appeared, minus eampltetiliirnd hat
bis hair hangingcivet-iris eyes, :.'iritts4l An-
tened in the firelight with :strong' exettement.
" What's up_ boy I' -exclaimed . th . e. other,
. laughiugat the onus:eel appearence of.Fra4
"'bawl you seen a grizzely,. or.:the:ighost ?of
the jackass a e killed- fur grub. uP North r'
- 1 1 1either,111arty," replied' Frank, !' tint i
have found What to us is m troll more welcome.
- I've got a slug, with a. graxl. Chance of find
ing some more. You may laugit;butijiblok
it is a god-send, and promiSes_ ts,/clitmge of
diet Dom the donkey spare rib .and. rnatitco-
- polecat we've been . °Wig to ea ; " with
three weeks." . - • . . - ' - - -"' -
"So do 1! so do II" exel trued terry/
-ins
et
-patiently. iiimself.a,.litile, : eaa4i3d3lo4t ,the
prize. " Let me see it,; the co/og - 40:14Pky
n
,: . look mighty big tome no W. ) ,' . '; - ;15 - -;'-'''-:
. . Frank. gave it to . hick ~ .ecd, . .iiishotatics 7 111
• tipon.the op of bis:finger a be cried ;
"'Twill weigh tin ounce at -lag, - l'inbilli I
By Jove ! if we And'a nest; of - thesentir • for
tune• are made." .-
-. -•': -..1 / 4 - 'i'; [ '-;-'"'L '• -
"YIP: narvY, and. the- fortune. , Off , eikleß
father, too, Who needs otir , sid..f . - It i;:fre-, gk,
anything front the ground WberiTtaltioktili,,ii
Our first expenditure must -. lxt . to . ' - ,livi„t l uli.
farm for him which be: wishes kaliatii• - ; . :
, '-
" nold oti;;Frank the ri • i's' al - 44004
~ -
Yet, :replied Barry, with aciatlip -
. . ... ::-.4Z. Ar••:_;..is-,:k
. • "Bat where ili - yOUrgt,o - 111111at iZ' . ' -- 1111111 4p
and - er.ospectit.righti astir.": 2 -' '
_ . •
„
tl ' Y
I===l
.Itllitcargliworidr<nnitied - Frank, "get the
pick and pan, - and cntne.mt.". -
So mying, , Atitir..rik riirHa'titoycl, 'and led
he ti sy in ths - - direction from whence - tie lind
ednit.. 7 Ha-Walked atit nrid'paCc., and it, A
ibtirrtilm? aft•lied at:a ;ravine, Ott one Side of
w hick *Plo . lik Ugh' ill; 'and - on' ' tha other a
lob;
_tai 11,d bed :rock., upon which .Frank
hrid*K4ind the gc;lii, rose abruptly from the
earth four feet, sad - sloped of into the fist.
Minis the place , to sinks We , in, said
Harry, striking his pick into a low: place .in
If-them is anything het's, .twill be
in this'swag.!. So - saying, he. di*sted
self,of : his ; coareand.-without further parity,
vigorousii iorumencedwork. -
;The rapid: Walls: die !stalwart brothers
soon laid bare a portion: st thebed-riJekeltad
sent to the rav nwo_sreck.it out. 'This ope
ration was-perforitiettibtFienh , henry stand
ing artsie war watching-the' result. p
bj : tttp is panned ,dowst,: until the dirt
Was nil washed.from the, pan and- the pros-
LAt r iou ! set4,4tolorl',.inquired Slits the
datt'Att*lu eig—
erentlLini 'aieini the
gold. .
• Barely; anniered Frank, though
billed' his words, s look for' you oielf.'
Hart:). took t he pan, and looking intently,
he tve.• enabled. to perceive fine gold matter
edebont the pan to the amount of_ two or
three donuts. .
: 4 - By George I Frank we are all right !' ex
claimed the now excited ilarty,wineing.with
'delight. ''l've,seeti snough to make me feel
likes millionaire. Nu more fricaseed pofe
catil hey old boy I Your wish will soon be
reabiecl ot. this rate, and we can go home
with enough to keep.ther old folks in ease all
their lives:
The elder brother made : no reply, but it
might hasle . been secw,by - thoeiPression of his
noble face, that he gave tolbeloved.ones : at
home thelirst thoUght.
first `thing is the Morning,' continued
Uarry. ' we will find the nearest town, and
expend ^ Whativet have riotAir,prorfstions, and
the neees.sary Mining implements.'
Thus planning. the brothers took, their way
back to their camp, to pais the nigh; and to
dream of boundkss wealth which they sup
posed-to be already in their grasp.
. On the following morning, the first tints
of-dawn had seareely illumined. the eastern
sky, ere the youcg men were . stirring. hat
ing dispatched a hasty breakfast,' Frank
mounted a. tree upon the highest point of the
hill; aptiiiOnit' annOunied:iltat-he MW a
smok.e..,which must proceed front a settlement
and a trail leading towards it. This ascer
..tained;they brought-in the mule, and pro
ceeded towards the town... It was • not long .
before It- - -stirall village appeared in view. Ou r
soon arrived there; and proceeded, to
purchat.e the required wilt:lEs. ...Notwith
s:andivg the early hour. three or four men,' n
the rough garb of .miners, were, lounging
about the skee, and conkiderahle curio itc
was evinced at the presence of the strangers.
As ' Frank deposited the gold in'the scale to
! 4e weighed, in•pri), - ment of the goods,the men
, ratheted 'mound to examine it.
This ii . apretty piece, strang er ' said one
to 'Jerry; picling it up," where did this come
from I'
From st . reel' ne petit: throe pine trees yon :
der,' said harry l'odicating the' locality. •
'ls tbe:e . gttartvri - to - poite: there ?' question
ed the other, •.i . wolticir-hke thi claim this
came out,of,' • , ..
There it:0111y of groutal;-riplied
with a edight •.the que►tion is afietber
it will pay;
.Thi4 comremation ended, our friends
_start
edfor theirclaitn, and - on *miring' their ink
itiedintefy commenced there work. ,
The.dO'y passed.away, And the st?u 'ris l al) -
pronelsing the range ot. the tree tom when
he-attention. of Ilarry and Frank was called
to die bank .rtbore .them with- the eiclama
thou: ' -
Bello ! ,.trangra.voti are Ora ground. Oils a wee]: ago, and Da like you
up. our friendi :Paw - the .speaker
standing ;hove theta, together with three of
four others: one of whons henry feminized
as his arinaintatate of the town.
Wiate not swore; said Frank: that any
party ai previous right to this place. -Of
oourse, you can t.atisfautorily prove • the jus
tice of your title.',
!` Certaissly I r4trUid make it good;
said toe first speaker, with-a coarse laugh.:,
'Come d• , Mts here Bed VII *how con.'
Frankfollorred• him down to the ravine,
Imi:tin&s Ca.ndlsome distance below, to a tree.
ilielwe of which was bidden from the cliim
above, upon which wacoiriled a minel'a no
tice, claiming:'ilte grObud several hundred
feet op the ravine. '
When was this notice Plated beret' said
Frealt, with.a sigh-is( regret, - as be thotigir
of,she treasure *boat to be taken from hint.;
riOt tee"it' this morning, as 1' came
downlii.refOr irtki.! -
ivilveause ion did not took: return
,ct but read for your*elf and you
wilt Elia out.'
Flaek KteiTed to the tree, and read : ' Dat
ed Mav .13,111.'.. • .
'Tbat was four days ago?'
flow long did tbe' min last which ended
yestetdny V' impired-Tosaki.
'Dwo,slap of as' Sarni raising as ever -was
done4grositleil Ora man, hit carried away a
dam me that, tixilt main week to build:
6 Which way was' tfiel . !iind 1' pursued
Flank. '
• was a:if:welly- laconic reply, t `why
do r
kineause,' replied Frani, - with a smile of
trionipb, diet boticilatin'the east side• of
the tree, and theWind.4e mot; +►asfiiet! from
the wirlting; how dol4aerplain that r ,
• I lon't know-or eisre: replied TAW' fi4lo*
i n asigry conftekiter tut' . melt
knowl—lthriny4iwttadieind;l'll have it. ''
do
.llave you dsivea set: stales!' stilted
Frank.'
bliiii.—and I itiet•-:witeiiid Lto, until I 'get
readrellie answert& - :.
• well,' sild i ltienivalmly; •It is trse
less fdt to** )0145 , 6k—if this is I'm
grontid,you grab' lieb 4 legal critint 'to I
it. give atcless coffiPe 11 0
do sokliy legal -sweeni.". -
wen istis'abolq thitac
fone4blinitiiit 4 l4ltil tatter travel,wit4
urk43: Z`l" I
oat trohne :;
6 0 1 4 1D M be'v:* f t4 r l: 44 4°l44 : 'll )( l 4
.4 4 -
i !kiwis Aim Aix motAlc BERRVA.SO*4S4OO; ..,g1C.04.0 . 41 1 M0F0 w . • 441 . 11 1 1111 00 11 4 1 t a li
, !r • -
. , .
• •
--gigrtst lansfitatann-tettutirleitifr 'Sorting," ;Li artt 0 1057 -
I-. 14 .::.: --_ , .1 . b::'7? '' .1:- ::7, ,T,
9 U ! CriOlo illl at-
. wrong -i11,t'*69141,1). ratit ' bac
to
‘IPEIr .
tb4i . they enuki_litain
possession ettheir claim by littc:.',
The neat miArning thetfiad not been tong
at.,worl, alien were( again visited by the
party orihe,preiions eiening, with the re
raew,ed, deniann tha!,;theY„ slnnild
'Yeirlted'tpt`ter shoulder 4 To - ur, traps .and
let yon Ofve calf-
Wininer's meeting, and they will, give , me
my. claim, as sure as b;-;11r i •
I shill object to
` a flecisiOn'a this dispute
bg mines .meetind,' •ctid ,Thirrj; we. are
, .
strangers here, Abu strangers conot move
3tisticei when apix;secl to, old residents` `
of it
,tnit m if jou wiltgO. with. US, 'Wore 'a
Justice..we will each stile Our, titles and
abide by biar4ecision.
be 'd. , =-4 if .I dot', was the answer:;
`, the miners are .coining to settle it, add theY
41:all do it.'"
13111, i he-continued, to one
. of his party
'you go and,l;tin4 the boys down hese.'
The fellosi departed, - prtiently returning
with about twenty teen ; between whom and
the Pull' ground' .eii ! ited a . striking
resetublance,_in dress'and appearance. They
immediately organized their meeting choie
Pre•ident, and requested the disputants to
state. their claims. The opponent of our
friends ensue forward and , told his- story, the
substance of which is , already before the'read
er. At his'elose the PieSident called upon
Frank fat his defence.
Frank slated, in a few , words, that the
,meeting wascalled tkithout the customary
notice .being given, and with the Consent of
but one party to abide by its decision, and
was, therefore, in-reality,- a mob, instead 'of a
chosen tribunal ofjustice.' He informed them
that no sullies had been set,- no prospecting
done - in:file disputed ground - I he also stated
that the-notice purported •to have been on
the tree for five days through a severe rain,
which was not possible, or - the sand would
hate been washed front. the 'writing. With
this statement he lift tlltena;antljoined
in the'claim. : • •
Gentlemen; said the President, you have
heard the evidence, and it, remains fur you to
decide by vote which party is entitled to this
(Am- nfl." •
The cote was immediately put, and decid
ed in favor of the last claimant, with but one
or two di-scut eg vo'ce ; the owners of those
probably instructed for the occasion, in order
to give to the proceeding tome slight, show
ofju,tice.
' And I move,' exclaimed one, that we
put Mike Henly in pos§ession of his ground.
Th;tl RAS also carried, and a committee,
hexkled t.y Mike ilenly, hitmelf, entered the
and commenced - throwing out the
took
The. brothers did not resist, for titer were
greatly outnumbered; but the
Bashing oyes
of each rho:ved bow keenly they felt tt a• in
jurtic.e.doue -them. ! Having removed the
minitor implements, 'Alike Moly approached
FintiCwith a. 'quite of untligunnt triumph
upon his repulsive face, and exclaimed : •
• Come, my covey, los time or you to
leave this; move.
'1 &tall not give uoim.session quietly,' an
,,wered Fiat k. a iluih of firmness and angel
mantling his face. .
'You non% hey I' said the ruffian, ccmsei
out of the .support of his gang, 'if you don't
ni be d—d'—A4 he &lid this he seized tl‘e
e.ollar of Frank with one hand, and the
o hor to strike. .
.Time was not allowed him, however, for' .
Frank, with a vigorous blow, dashed
clenched hand into the face of lfis assailant, 1
causing hint to mark out 'five feet ten' in
the soft earth.
to
beyond control, the
ruffian sprang to his feet,, his face pale. his
teeth set, and Ili eyes gleaming with a fiend
ish light, dreis h pistol, and aimed with dead
ly intent full at the breast of Frank, Purled
the trigger. ; With the. first ,thntiiin, Harry .
had sprung-towards the villairi,.with , the in
tention of,seizing the.pistor—but be was too
late to prevent the discharge, though raved
the life of his brother by receiving the ball in
owe breast, and with a moan of anguish sank
down at the . feet
. of Frank
' • Mike Henry gazed for alcnoment upon She
deed be had eocemitted, then springing up
the bank, was lost to- view . in, the bushes,—
The broWd, - appalled by the horrible termina
tion of their uniu;4 Oroceedings, slunk away
one bv one, not wisfting to be identified with
the rtfrair; and Frank wait left alone with his
murdered brother.
'Oh 6-otl ! dear' Tlarry,nhe has murdered
you cried, sinking upon his knees and
tea ing open-the coarse shirt that dovered the
wound t ' Why did you spring before the
pistol .
•Tu gave you dear Frar „ dc; calmly replied
the noble Harry, a beam' of feud stftwetion
ligb:ino up his pallid face-. ' I'm going, Fun:
--goi tie he,painfully -continued. actera paut•e;
bis - shot w 34 a sure one—l'm bleeding inter
nally.' •
'Oh! do not. tell me th is' cried the 'strick
en brother What shall ISo without you. in
this land of strangers
home, V. here you have friends,' replied
poor Harry. Listen. Frank, to the words of
dig brother. - One stay' of'their tottering
stella is taken, from our aged parents; do not
risk the other, but return without the covet
ed «caiti6 ; • earry .a dying - child's love—mar
ry Alice, and be happy. You know I loved
her once, Frank, fondly., loved' her; but I
found her heart was given to you e kind
to her, Frank, and a dePaited; brother Will
implore the blessing of ifenyeti
• You shall not die?' cried Frank,
claiiping him in his arms,. AS if to protect him
frorn'the ef (eeth. Shall not be
torn from ruel' • • • •
' Ali, brother, that is' blasphemy ; 'tis Th e
expre,sed wish oij;kod that I . am cut off: in
my jotitli, sind,ir6'nittst - 7,11d lis" beh'ests.
I bate bur* few aria:lents, to Iffe bear a
klikEteileinbrincie testi-the friends hoine
—a home, mast I Label! Dever, see spin.--
Cuts lock of hair 'kith' bead - end carry it
ta`tinAtiVitifir.rTtis she witever see
of her poor sou' r •
~The agony Of thoi"terlsa', linotheri' ties
e•snooLdes 4 4e;7' 2 * iniddea Osingi took
bite' n runnier 'er 'these 'words; ,
aid,
whit, mks arm fluted *hors his ilea,
ttiiiiistlairettira;o3: ana solemn expression
appearing upon 14.1,g5Asaid, in a deep,
nil: voice :
6 ilesv4lll4lllllo irststsdrdtyiit ishall not
dillistrniolirdkury abreast-I I‘ Dili apeiißre
yonsessnifileatrAn=44 4ntoenonl-etiii 4,4 the
00)**444011gifrOtei,iiihelOriteiti'aiiinier's
- . .
• • ~,
xrtn,sitend anti! to the eft' winch haft:
i t voir o , i:fr;
he InAi t . tiO,lteeding the win& of
Idsliretber; continued, ' name - the firsf son of
after me, 'Frank ; 'twill cause you 'tn.
remember the when years hare paled the
memory . of Barry.
A'treitini now ran tbroogl.bisithOre frame,
.but he , retiocered slikinlyoira inn sthi,reery
audibie ihispei Wet ton ! Where are' yo 4
Frank —my stfii . growi dim ; I 'cannot tee
your brotlier4:bere carry this . ' kiss to
motbei; the breath' is I 'ertiing me lark
hear'that street mush; die !nippy.; lam
going: to 'God ; farewellolear • ]":rank,
• 'Asite• tittered' thece wordi lie euddenty
raised'°lii''s body; supported - by the arias of
Flaiik, - ta in uptight position; 'then' with 'a
.loth drawn sigh the pure spirit - left the tene
'm+ent of clay; to be borne in the arats of an
gels to the home of the happy.
• What pea can portray the anguish of the
stricken brother I Mine surely cannot, and I
draw the Curtain over the stelae of tiZul-rnov
.
tug agony. - . .
The Murderer Ilenly fled, 'find utter the 1
laVe of a' week, might have been seen enter
ing a village some distance titan the scene of
his funk erinie. .lle haA - scarcely:entered the
tavern ofthe place, 'when a man iti the . dress
•Of a natife Californian rude in from the same j
direction, and giving the reins of his animal
to' the attending ostler, also entered the house,,
as.llenly was tOningfrom the desk, where
ho had entered his 'Mine for a room. The
Californian stepped to'the book, and writing
his nacre, said to the dell; :
I will take a bed in the same,rooM with
ink friend,' poiuting'to
• Very well, sir; was the reply ' when you
wish to retire; Fwill.sbow you the room. '
In the morning, when the chambermaid
etitered the rout to perforin the necessary la
bor, she was horrified by the sight which met
her gaze.
- .The halt; of Ilenly .la hanging
y partly
from die bed, the .clothes helminkled
blood, and a lary hi,wie-knife buried to the
hilt in his breast. To the handle Was attach
ed a slip of paper, bearing the following
words :
'Life -for life it the estliblislied social law of
the country. -Whether thehlurdeier flel 'by
the band of self-appointed judges, or. by the
nerved arm of an outraged trother, is of little
importance. Justice is dune!'
A rigid 6,:tarcit was immediately made fur
the other occuptint.of the chamber. but. no
trace of him was found. Frank had fulfilled
Ids oath end depattcd. . -
Near the scene of the murder-stands a 'tin
gle blab, bearing the P Uticina inscription:
TO TUE UEIIoRT 07
TIENRY
W 1 o was Murdered Hay the 18th, 1851.
MAT H 6 I;,.filr IS ITACE.
Trend lightly, stranger, o'er that spot ;
hallowed ground, made .arrest by the blood
of a_ noble heart, shed in defence of a brother.
Angels•hover reir the grave, mourning the
death, and rejoicing in the life of one worthy
'via seat in their midst. The long gaunt
arms of a Wasted pine-poitit to the last of
earth ; and the gentle, mehmatholv breezes,
which sigh mournfully above the grave whis,
per a requiem fur the rest of his soul. •
DECISION OE TUE :SUPRETIE EOERT
OF THE UNITED STATE%.
CUIEF JUSTICE r.+NEy's orzstaN.
Justice .Taney. in delivering
opinion of the court, said that this case, after
a•gument - at the last term, was. directed to be
reargued at the pre.4eist term, owing to dif
ference of opitrion existinz among members
of the court, and in order to git'e the:sobject
.more mature deliberation. -
There were Lao leading- quest:ons:, first,
had the circuit court of the United States
fur the *strict-of Missouri jurisdiction in the
cagy; and:if:it had jursidiction wag - its de
chdon errobeous or Doti -
'The defendant deniud i i by a plea 'n abate
ment, the jurisdiction of the circuit court of
the Vuitek States, on •the.,ground that the
plaintiff "is a megro of African descent, his
arices.o were of p`ure African blrioi, and
were brought into this country and sold as
slaves," and therefore the Vaintiff.,' - is not a
citizen'of the State of 'lfissouri." To this
plea the plaintiff .detitrurred,'"anci . the court
anstained, the demurrer. Thereupon the.de
fendant pleaded ever, and justified the tres
pass on the 4rounittliu the plaintiff rind hi;
timily were his„Devo slay:lk; and a ;tato
ment of farts, agreed .to by both 'f.arties,
WAa read in evidence.
The chief jti4ivr, having stated the facts
in'the ease, proceeded to my that the ques
lion 'first to be decided irt., ivbether the
plaintiff "was entitled to sue in a court of, the
United States. This was itipecoliar quetion.
and for the first" time,brhtigla. before the
court under such circonistances; ,but it bad
been brought. here, and it. Was the duty of
the court to meet and to decide it. The
..ine4ion,vvra kii , nply this, van a negro, whose
ancestors were Imported and sold as sliyes,
become a member of the political cominunk
tvforteed and bronglitinto existence by the
,
constitution of, the Lulled States, and, as
Ruch, become entitled tci _ all the lights and
immunities of is citiied, one, of which rights
is sueing in. the courts .of the 'United States in
eases therein speeitled 1 In discussing thi* i
question we must not confound the rights of
a Citizen which a State limy confer withinits,'
Own liMits vvith„the rights of a citizen within
the limits of the United States.
„No one' can' be a citiieti of the . United
States unless under the provisions of the con.:
stitution;, but it does.not follow that 4 man,
being !t citizen of - one State, Must. be keeog
n3l.ed as - sock:by . emery ; State : in, the Union.
lie may be a citizen in one, State and not re-,
eive*l is such in another. : - Preilois to.the
juloptioi of the cetistittiVioti l 'every . Siete.
!night confer the character of a citizen, and I
isnfjewli man ' , Atli rights nertaining
it.to .. - Tbia r cOnTiteil . to-Aa. boundaries
of a` State, Spil l gsv,ehim sikhip`heyond
it' limits . Nor 'bnie the feiesl States . ser;,
rewiered,th,is powOr by the
~i;doriOn, tit,the
,Ev s erY 8 . 1 $4 1 :-n#7 tendfeiJhe,t
rikht.ap . en in *aliertor iity,,,eth - er,iliss or;
deicription
. o:l:•erantvg;.tho.,arotd4to:all f. 1,1,7;
tents - 4'e 'p4.79r . !,):411( Fitifti . .1.K15,4)!1 t
but of:it opzep 1p:11/(thicifs _the a(m,,,
49 .tdoikp tbe - Fo4:lAtates;,
I t*,re t " j i*e i : l 4-g * 11 44- 9 1t!titili#144 Nat^
ror ,. .ceit4d enjoy tiie•finniunittes a's.lll-,
I zen In. any . btliertStatiei. :.The ;rights.'would
leer eettlieedletrittly .tai lila . own. :State. - The
coPetilutioa.4 - es Cl:eaten the power to es-.
tablish "a ;Miro' m rule. of.: natiOilizatiois ;":
onsequetttly, am,' State, .by naturalizing an
aliet, could "cenfer..upori him' the .rights and
immunities of all the States ander.theginerel:
governtnotth...lt:i.s.iery clear, therefore, .ttiat
no. State:can,' ;by sny-'act,. introduce -a eel
member interahe pulitieal , Uniori created- by
..the conStitutiont - Thaapiestion. titers , arises,
whether the provisions -of the constitution of
.Lbajtlaited Stites in:;.telation .to,:personal
rights to which a citizen of a State 4st:ilia:id,
embraced . riegroes et the Afrieruk face, at that
time IV the;cOtittry,er afterwards impOrted, or
made'free from any Statel.and Whether it' is
in the -power of - any - Stistretojzoakesueb. a .
otta a :citizeo at the' State,e and .endew hiin
with full citizenship in' any other States with-.
nut their e.owient Ii Does .the 'constitution of
the United Stateslact 'aped him, •and Clothe
him - With all the . -sights of a: citiZett 1 The
court-Altittk that -the. affituative einnot be
maintained;; and, if .;not, the plainbff - weld
ndt-be a ettited Of Missouri within the mean
' -
mg- of the constitution, nor- a cititen.'it. the
United States, anti; cOnsequentlynot entitled
to sue in its courts. ' . . .. . • .
. -It is true'that every person, and every class
and den. aiption of persons at the time of the
- , adoption of the constitution, regarded as eiti
zeus of the several States, - becaineeitizens of
this new political body, and none other.
It waslormed for themselves - and 'their pos
terity, and for nobody else ;. and all the rights
and immunities were intended to embrace
only those of State communities, or those
I .who became members according tia. the prin
-1
ciples on which the constitution was adopted.
It Wasi union of those who were'ntembets of
• ' the
_political communities, Whose ;politer, for
,I certain imeci fi ect - purposes, eitended . over- the
I whole territories of the United States, and
I gave - each- citizen rights outside his State
which lie did nut before, possess, and placid
nll rights of persons and- property -on . an
equality.. . '
It becomes - netiessary, therefore, to deter
! mine, who were citizens of the several States
Iwhen the.constitution was adopted: In antler
I to do this, we .inest recur to 'the colonies
I when they separated from Grist Britan, ferm
i ed new 'communities, and took their, place
t among the"fstoily . of nations. They who
i were recognized as citizens of the States de
clared their independence of Great Britain,
attd defended it by force 'of arms. Another
Iclass of persons, Who had been imported :as
I slaves; or their descendants, were not reCog
-liized or intended, to be included in that
memmortaLle instrument—the Declaration - Of
Independence. It is difficult at this day to
realize the state of public opinion, respecting
that unfortunate class, with the civilized and
enlightened pOrtion of the world, at.the titne
'of the Declaration of Independence•land the
adoption of the constitution ; but history
-hoer they have; for mire than a . century,
bt*n regarded as beings of -an inferior order,
atid - tintit associates fin the white race, either
socially or - politically ; and had no tights
whieh white men were, bound to respect; and
the black man might be reduced to slavely,,
bonelit - and sold, trented.as.an ordinary arti
cle of merchandise. This .opinion, at twat
time, Was fixed and 'universal with the civll 7 ,
iied portion of ' the white race. It was . re
oltrded.ns an axiom in mornls, - which no one
thought of disputing. and every one habitual-.
ly acted upon it, without doubting for a mo,
tnent the correctness of the opinion. And is
no . nation was this opinion more fixed and
generally acted upon than in England, the
subjects of Which gorerument not ouly seized
them on the. coast of Mika, Hitt tot:k-- them
as ordinary merchandise, to where - they could
Make a profit on them. The opinion thus
entertained, was unieersallY impressed on the
colonists this side of the Atlantic; according ,
ly,,negroes of the African race were regarde d
by them as propertY, and held, and bought,
and -sold, as such,
in every one of the thir
teen colonies,- which united in the D,..v.lara
mon of Independence. It begins thus: "lifben
in the come of human - evente, it becomes
necessary for one nation to dissolve - the politi
cal boricht which have . hitherto connected
them, with aim•her, - and to assume among the
Bowers of e a rth, the separate and equal sta
tion ' to which the !nisi of _nature and - of na
ture's God - eutitles them, a decent re s pect to
the opinions of mankind requires that they,
should declare the causes - which impel them
.to the separation ;" and then proceeds: `..WC
hold these truths to be, self-evident--that
all men-are created equal ; . that they ire 'en
dowed,by their Creator, with certain unaliena
ble rights; that among theeearelife r liberty,
and the 'nursnii,ot happmem.: That to secure
these_ rights, g overnments . are . instituted
among men; deriving theirAust powers from
the consent' f the governed," & r e. Tile words
before 'quoted would seem, to embrace the
whole hurne ri . family;, and' i f . used in. aiimi
lar inst rument at this day would be so under
stood:- :But it is toO clear ter,dispute that
the enslaved African race ivere-net intended
to he .- included,, for`in that- case, the distin:
1 guished men who framed atm Declaration of
Indepe . ndeliee - ` would be , flagrantly, against
1 - the prineipl e i . which thefaiserted. They.
1- who framed the Declaration of Independence.
were men of too 'Mech . . horror, 'education; and
intelligence, to say What they
. did not believe;
and they knew that la no part Of the civiliz,
ed ' world . . were the _negro ' race; by common
consent,admitted:to - the rights of freemen.
They' Spoke and acted atiCerding,to the pree;
tiiia, doetiines , aterusigee of the day.. That
. .
tiilfortunate race sees, supposed, to, be separate
.
, or
- spoken
from the rkit,if, and'. was 'levet', thimight, Or .
- spier' pf except as property .; ThesitOpiiiipOs,
uaderaent no change .when. the'coastitatiiii
was adopted.
.The 'preamble . sets.. forth
• Pir
Whit . purpeste;wnd;forWhoise benefit, it was ,
formed. - It was formed by the peepleL:ench.
aali!is been *embers of the . original IS*OS
I ,+±ichdthitoldeOi was be " etattre the: triiiiiier,
-of liberty - to' ourselves end our: posterity." ',lt.
ikiiiikieiler!AltOrais:Ofciiisetis and people,
of !lit trOito4Stat4 *boa', providing for: the
0 Wen4ritited, ; !rithout 'defin!ng,allo:#s.,
acriftlion` - et ;Perk* aliouid'bii: included,' i . :,ii..
1it:47.149.04f be rooNeir - ii.: -.. .iiititio:,,,,Pßc
t*.4? .00* o f
.`o:. 4 l 4,oon4tn.tiOn -polpt43';tl4 . e.
o* . i' o 2**in ..- Fiiiivt,e,:, - Da.iiiit ratair . ll4,aa,
- oiuzobs;' for
, • * , h0n2.7..44:,"60.01.400 . ,ii. was.
ii,4004 , . ': - .oilif::o44kret.ivaillie i . tig4,o. -
itiOoit,ilavei,ahtd:ltotc.:,o„ . in,44!*wid.
r Aik.,44t 4 , 0 4 1 4.1p, .**kilves-fne.iii..4 l ,Afghtti
' ti;')! . .einier%etiiiitritliii . or, the master, :, 44 , to:
.1 . ...0. 11,1* 01144 - tii...4i4 6 . 0 4* - tVet -r i
tki 4 ifoO'f=s;, - :, I '4 l * st , „p 4,4 rtfiv)
io.ooLef - 101 1 44 - gilliWory 44. 4-
evitto;io• 4 4
. .a0„, itiiiir*lfi 4i,',.clie.veriOni,
who framed - the constitution, fin- twenty. cuts;
and the Stales pledged thenaselyea. uphold
the tightiot the master long as the gov
erkaent- then formed 'Ethonld endnre. And
.this shows conclusively that another deir.rip-
t qCIA of persons were,embraced,in thg:other
. provisioca of the:, constitution., Thesotwo
clauses were noi 'etended:,to 'confer u pon
them'br th r eir - pest 'tY the hiessiiin of Eber
:ty so =carefully - co '
ferried-upon the' Whites.
None of this eta s ever emigrated to • the
ljuited -Slates voluntrily. They were nil
orOcles of mereha'ndiAe., he tiuMbei email-
.aiiikted rens few Os compoied with w•ho
siere , l held lb 'Slavery, •and net Noah:lenity
tiumerous to attract. attention ,es'aset . parate
tlaSs, and rega'ttled ‘-is, of..the
illave-pnpuintion,:rather than - tree.
• It cannot; be inppostidt that the &Mei' eon=
ilerted pltizensbip. upon- their; for •alr tbcrse -
States :it that ti me
. established, police. regula
tions for the se curity of them lies and fail-
lies; as well-is propel ty. In some minor - en - se's
there • : tetue 4.ld,trdtit. Mocks of Aral, and it
could, not•be supposed that these States would
hate - formed or consented to . .a government
.abolished this tight and from
- theai the 'safo-gnards essential to their ott.n
protection.:' They have not the ri , 4ht to Ed..ar
anus, and appear at public meetiogs
to dis
cuss political questions,
or .urge nipasureA.of
reform which they might deem advisable.
They cannot tote at election:, nor serve us
jurors, l 4 o r.Appear critnises :where .‘ihites
are concerned. These. rights aro .Secure!.l in
.every..State•lo mbiti3 wee. - It i - tiieptissiblciiia
believe that the men . of islarc,-I+oitlinizSi4tes
who tool. so l large a share in Ile fottnation
the 't onititution could be .ct . regardless of
themselves tut,' the :;afetv of those "%Ito trusted
and confided in them.
Every:law of naturalization confines citi
zetiship to white persons.
.This is a marked
separation from the blacks.. Under the con-.•
federation every State had a right to decide
fur itself, and the tern"ftee
-geuera ity of , form, certainly ezededed- the
African. race. Lrws rare (rained for the lat
ter especially. Under the Couslitirt:on;the
word *. eit Z.;ll".iS sobSti: p tea-for ".fiee inhabi
tant." After further elaboration oe.this point,
the Chief jestice said, from the best consid
eration, me have come to tare conclusion-:list
the African race who came to this country,
whether free Cr .shive, where not included )4:
the Constitution, for the• enjoyment. of any
personal tights or benefits; and the two pro
visions which point to them treat them us pro-
party, and make it the - duty of the ',, ~o vern:
meet to protect theni as sac!:. Hence,
the court is, of opinion., from the facts stated
in the - plea of abatement; that Dred Seott , is
not a citizen of Missouri . „ and is not, therefore, ,
entitled to Sue in the United Suttee Courts:
Thefollowing facts appear en the record:
"In 1834 the plaintiff was a negro,slare be
longing to Dr. Emerson, who was surgeon
iu the army of the United States. , In that
year (1!:34) said Dr:-Emerson took the idahi.
tiff from the State of Missouri to theenilitary
post at Roek . Island, in the State .e,f
and .held hini there . as a Slew until the month
of April, 1831 At the ti. to mentioned,
said Dr. Emerson removed the plaintiff -from
said military - pOst'at Rjek I-Jaijd to thernill
lary post at Fort Snelling, situated orrehe
west bank of the Misi.isippi t ic a
ritory known as Upper Louisiau) , ,i, acognired
by the United States from France, aud situated
. north of the 30 deg: 33 min, north,
.And north of the State of Missouri. Said Dr.
Emerson held the - plaintifr in slavery at said
Foit Snelling untili 183.3.
In the year of 163.5,`Harriet (who is nam
ed in the second coent'of
.the plaintiff's de
claration) was-the slave. of Majer Talinferro,
who belonged to- the
.army of the United
States. In that rear (183 ti) said 'Makir
iaferro took said.frarriet to said Fort Snelling.
a military post sit tiatecl'as heielubefore stated,
and kept her there as - a sieve until the
year 1836 ; and tlien sold' and delivered her
slave
. at Fort Snelline• unto said Dr.
Ernersen, hereinbeforo !minter; and: the said
Dr, EnaerkM held said
..Harriet in :Livery at
said Fort Snelling until the year 1838,.
In the year 1831 this
.plaifiriff and r s'itid
Harriet, at said Fen Sneiling, with thc - con
se-nt of said Dr. Eme!son, who then claimed
to be their master_and - owner, intermarried
and took each other
. for. - h6s.batid, and
,t%ife.
Eliza - and Lizzie; named in ilia third Contrt
of the plaintiff's declaration, are the fruit of
that marriage. Elila is about feurtoen - years
old, - and seas .born oalieard the ireanber - it
thp.Sey, not th . of the . north.,. line of the State
Missotni, and upon the Mississippi river; Lizzie
is about seven years old, and 'w:ia ‘ born in.the
State of Missouri, at the military post cailleci
Jefferson Barracki. • •
the year IsBB, said Dr: Etnerson rernov.:
;Id One' plaintifrand said "Harriet. -and their
Said daughter Elizz, koin. said. Fort Snelling
to the state of Missouri where th..y , ,
ever sinceresided, . • .
Befeie the - cernineticernent of this suit said.
Dr.' Emerson sold:and 'conveyed the pfaitoitr;
said Merrier, 'Eliza . and Lizzie, to . t de.,
foldout slimes, and the defendaut claimed
to hold each of their', as, shires.` .
At the times 'Mentioned in - the;plaintirs.
deellratien, the 4:fontlant, .he
owner `as hands . .upen
plaintiff' tiocrief, Eliza and • Lizzie, at.d. int
priseried theme; doingin this.respeul, however,
do more doe what, he „Might:lawfully do •if
they 'were.of right his slaves at . sirelitines..
The - Chief' Justice Proceeded to. 'liar/rine
Oe'ettitteth6t. assuming
_that this part of the
controversy presented two questions. :
Firstly --Was (.cott) ark all, his family_
free ni Missouri; acid -
Se'ponalr—lf not, - wero4bey' free by reason
of ther" remeial'to"Rock Island,
' The - net of on: which i. 14 Plaintiff
relies contains the releuie, tliet . ,llarery • amid
Serrittifle„.4eopt•fol.orinie,
b'elorerer•pralbitell'in that part ofjhe terri -
tortiesint red by treaty friim-.Lonisiariai-iiii4
not tioluded w,ithio the_ State I,opisiaps.
the illftleithi'whinh meets 'et..the:oo:4W
is„
, .whether. Cottgese.je tiara
such a lA*log/ time)o*fcol,4llßted; xO it
. , .
111 tl+ ells.
Tuidil.r O o the , clause
411-
hiss' 044ritodeil,omtp,
a . ,
Larissa vex ~r tiny *0404 iii.:Otkeetsro,
h
pet,fiae tes
t U • hi,sfrotle.,
idii
elf , O q'hearin't oa t p1,44.4*( - 44tiiiO4.;
Ytl° ll oo *Oatr.:4 ll 4:
Stittikiid*Ooi,os4l4,Pria,oJs*
- iritory. WlWit,ixeffiiiit
. 4 411414 4 1* - 1,441:14V4 11 A0.2,100 4 81 , 44 the
cf# ll #. „Alt,
Ming Milt 4.1201;k . nu, Owt, no-tort *.04.4
'i: i
eee t ewfnieeeatrorersie- - eta its .40 11 #0,40*" - 4
gpe'ss le dltTO5O 0 AI . 1 :,"1 fat; L.„,,, ~ , 1
bcnefit:vieeefifee;eily titeper.srii,O B4 ?,Tqftiktr 1 :
rind eminent ,dornate Wm
_nedeCirt 444 , !
This wee Pro Per I • o .mslaril l A filtk :-. Pfi
was thin no geierrtinent
, in , mate*
enumerated' powers ! iNthat :Ate . ,
States,; were thirieel intre*Oft)t, • „ 0,
- valictientered into ao 4 l ' elleralinP; o l l t*Ail ee
Fritter:lion. k was
,little - more ilAti it,Y
irtC34 of ambassfuloia, ia widith,tdrhatl a, SP
awn concern._ it was this Cong e re?Oeer
accepted the cessien from Virlittilleltre -'
had no right to do se ander illeAlelletts e lf
the essfederation,4„l4,,,fkd: - a gha i ii - )
WIN - FlVilis'ills - CEraik mesa-Al7'3r r e -,-.
0 114 1 I
eon:tinge bettefit 1 "Ind je. is A te , , ,
havteli no.inrleflizin'enriltgl ',
a right to exercise absolute dominion , . au beg
only to the restrictions which -Vieginiaear
pesed, The ordinance of
r 1.4411.114101J11111Pted.
•
1
bY l atieCtllF;larritn - ttle4ttektitalleeteeti.
and rearig- °life; provisumaysione that d .
a
-1 very , cr involuntary serritirdeedurld be pro
hibited crept for_criiiie. ---- eze-Y - -
Thifwis theTratiteeltri„V ‘ V44l,g•
. 0 con'
sti tutierieitefor used,. The U - iirt ended by .
Virginia belongrel toile several rnir"VriOntr,
I States as common property. ,T-lie'Sretes rat
l'ebout to dissolre the corifedCristiiinallutt
i render a portion of their power itir - thelentee
Fation of A „neif gesereiheeteanclibstlaitanga ,
teed halite:l and specified the objects to bil 4
I aqcOM 051W:14 _it Wa” 0b 1 i , 4 1 41% ,1 4440/1 1121 .
provisions was now necessary togive rho**
1
goternment ere power to carry ,intp,k i leet.
1
every object' for which the territory was . ed. 4
It ices necessary thet the.lands should be
'Old 1,0 FLy the war debt, and .that .. power '
riser should be - 's'ert to protect thes,i . ielene who
I !, !nigh': emigrate. e eh their righteof property,
urine,milieu store-cis well asships,of ett z t4",)
1I
%rare the 'eotncion property Qr the States es
istteg in their independ e nt; character, and
they bad aright to take their prv'eieriv to the
1
territory, without the -- atithority ofette;statos:
The object , was to piece' the-e, thierka i emder
the guardianship tires new govitinnient; which
glees Congress the power "to make all need-
fni rules and-regulations rettptertlitersAbeeterttv \
tory or other property of the United -Settee_
r It ;replied only te prriperty held 'in Ice - tremor.
iat the, and - not eith reference) fo any prefer
i ty %%hien this sovereignty inight - aubsequente .
1 I:, aeqeire. _lt applied to the terrlYrY, OM
iin eetstenee and 'mown ai the; territory - o•
1 the United States then in the mipd Of_ Ott
1 framers of the Constitution. It refers - to the'
1 sale or raisiug of money. This is differ
I from the porter'to legislate one the territir
'
i r i ot. With t h e words 'to make'all - imedlii!
-
t rules. and regnhvions re-petting the ter:lite:o ,
{ ere roweled the words 'ani other proprev.ty.
!of the United States.' And the Cuncludiag
i nortk render this construetion irresistiblee-1
and wiring in the constiertion shall bee se
t -
construed .is to peludiee any claims of the
I United Sta'ee or any partict tor I S'tate.' - ' ''
i It i:3-, obvious that the congreee, under the
I nevi Vol ern ment, nte\ided the above clause
I, as recess:ire to carry into effect the princie
I ples and provisions of the ordinance of 178'4 .
I which they regarded as all act of the Staten
lin the exercise of their politieal power 4 the
time: reel these repretentatiees of the same ,
States• tinder'the new government, did 41a .
think praPer Jo depart- from any eesentie}
principle, and did not attetnpt to undoseny
i thine that wire doee. . , -
I Ss to territory :acq ui r ed without th .e
Italie "'
.
1 of the Ueitel State; it rerrelins territory gh:
, tti n_i edited into the Ueione No :power. ie,
lei:en in the Conleieftion th acquire territory
Ito be Leid end eel et ut d in that chat:trete?!
1 .
1 and, cereerprently, there cannot he fouhd,it
1 the eoteltitution any definition of isrwer Aid .
Con. urns may lac jelly exerci.e before - it• ,T tei; .
fore it becomes 3 st3le. The power to stik
quira territory urail it is ia a condition to
1..),...C0n1e 3 state on an clue/ footing ,with ti*
other itrites must neeeseirily rest en itouhd 1
discretion, end it bete ea ties duty 'Of 114
norernment to admieliter the laws of- Ai'
United Satesfor tire • • protection of >pereenaL
iriglite and property tieteVre r; • ,
1Z harem territory is acquired is for : lhe
common benefit of the p,eooo of the thripid
' State , which is but a trustee. At thelernit
i
that territory was obtained from Frarietee it
eontained no populatiett to be adlnittpj l l4l *
I state, and it therefore
. becurne necessary to
' hohl possession of it untsl_ settled and, iebrib
eite.i by a civilized corn unity, raP 4 abbi of eelf-
I r..
F orernment and for ref Legion intkheUelon. -
Bat, es we before said, i was neetabd bribe
fe lend government as the representatieer int#
trustee of the people of [ the United , S tate
and must be held far their conurion and
erred belie& 1 for it wee the dequisitirni- k of
the people of the United States, acting *tit' _
their ageete,ited government•held it for ,tlttsi
common benefit until it should become' thief
ciated na a member et' the Unicrit.' - iritii
that time: arrived it was endeubtecily rvel*.
ry that some government - be establishW fir ,
protect the inhabitants in their - renter:raid
property. The power toacquire-carrieeiiiiij
is the power to .pre , etve °.lhe form of gib
eminent nerestarily tests enrhe digerition tr,f
Congress. It is their duty to estahliahlhe ,
best suited for the - United States:, ttid ttlifif
must depend on the (Witt ittlealitiratt e
end the character and situation'of '66'10%1
tore. What government is the hest la l tilit ' '
depend on the condition of the territtil rat
be -
the time, to be contiurred until it- alga e ; -
come a suite.. But thole can ::04zAr,„4,',A
mere discretionary power. Over peremailtepd t
property. These are plaint« , defined" ty'lbei
ternetitution, The constitotien'proviiiiiithille
'congreeri shall make to ,11(cr lespeethigrani
esiabki3broeut of religion; or , PNobittOW;Atilik
free exercise thereof; oretbriliging Ars , 4,41 M.
dom of,Speech, or ef tk, pr 65.; pr the yight i
of the people p6tepabirip issemOie ' itiri
petition • ilia government ,, fore vatio.' a
.
i
grievant r t e.
Thus the tightairfpropalisi 1
are united with the pepeenet rghtee'eedetbfe
extends to , the territertes as well ae *the
states., Congress 0311110tAUthOtite iltS.tfirti' r
terries to do what t vaiinot
. do iteelti'li'citt-
net confer ortithes territ'ottesknicei ti t irtirsty; -
the provisions ti the constitutioite' - . , '' , ":...r.'-'-=z 4
it,eaeouk.liOwever, that there is sop=
tell. a Alitiereoce betreeur4ev ia apt --,
, '
ProPirtY. The '-r9 ll O in the krteet)eSlit i) --:'
etritstitutien, delegated to' the genial --:-
insolent certain enumeinted isoive*iiiir -' - ''''''
bade the eZernielkif ether*: it'll*** lititigU - ‘-'
era over poisons and property of eit ..eetee
-o.ept those enurneratecLin the conetitutit*... : = '
If. th 4 c' 3l ‘ l 4.ion - tecePlAesq 4
tti
ronefer and iilevii, :lied riff
nkee ni
between allies Ana otter Torsipiiit; af ,
tm,
wit *gins under?the outlialt,rotthielhdtell'. -
s• a . ti . / A u iir t p t . ',yell a di l etieetiettidirt ditiiVe
I====
MENA
~iat~~te`.~~. er
n ~ ' ~y~ f `
.-
MANS
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