Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F. A. Sandford: December Term, 1856.United States. Supreme Court
History
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F. A. Sandford: December Term, 1856.
United States. Supreme Court
Scott, Dred, 1809-1858; Slavery -- United States
The first clause of the second section of the third article of the
Constitution is, "The judicial power shall extend to controversies
between a State and citizens of another State; between citizens of
different States; between citizens of the same State, claiming lands
under grants of different States; and between States, or the citizens
thereof, and foreign States, citizens, or subjects." I do not think
this clause has any considerable bearing upon the particular inquiry
now under consideration. Its purpose was, to extend the judicial power
to those controversies into which local feelings or interests might so
enter as to disturb the course of justice, or give rise to suspicions
that they had done so, and thus possibly give occasion to jealousy or
ill will between different States, or a particular State and a foreign
nation. At the same time, I would remark, in passing, that it has
never been held, I do not know that it has ever been supposed, that
any citizen of a State could bring himself under this clause and the
eleventh and twelfth sections of the judiciary act of 1789, passed in
pursuance of it, who was not a citizen of the United States. But I
have referred to the clause, only because it is one of the places
where citizenship is mentioned by the Constitution. Whether it is
entitled to any weight in this inquiry or not, it refers only to
citizenship of the several States; it recognises that; but it does not
recognise citizenship of the United States as something distinct
therefrom.
As has been said, the purpose of this clause did not necessarily
connect it with citizenship of the United States, even if that were
something distinct from citizenship of the several States, in the
contemplation of the Constitution. This cannot be said of other
clauses of the Constitution, which I now proceed to refer to.
Public-domain text, read in full here on John Shaqi.
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