The only other case, prior to the adoption of the recent amendments,
to which reference will be made, is that of _Dred Scott ~v.~ Sanford_,
19 How, 399. That case was instituted in a circuit court of the United
States by Dred Scott, claiming to be a citizen of Missouri, the defendant
being a citizen of another State. Its object was to assert the title of
himself and family to freedom. The defendant pleaded in abatement that
Scott—being of African descent, whose ancestors, of pure African blood,
were brought into this country and sold as slaves—was not a _citizen_.
The only matter in issue, said the court, was whether the descendants of
slaves thus imported and sold, when they should be emancipated, or who
were born of parents who had become free before their birth, are citizens
of a State in the sense in which the word “citizen” is used in the
Constitution of the United States.
In determining that question the court instituted an inquiry as to who
were citizens of the several States at the adoption of the Constitution,
and who, at that time, were recognized as the people whose rights and
liberties had been violated by the British Government. The result was a
declaration, by this court, speaking by Chief Justice Taney, that the
legislation and histories of the times, and the language used in the
Declaration of Independence, showed “that neither the class of persons
who had been imported as slaves, nor their descendants, whether they had
become free or not, were then acknowledged as a part of the people, nor
intended to be included in the general words used in that instrument;”
that “they had for more than a century before been regarded as beings of
an inferior race, and altogether unfit to associate with the white race,
either in social or political relations, and so far inferior that they
had no rights which the white man was bound to respect, and that the
negro might justly and lawfully be reduced to slavery for his benefit
that he was “bought and sold, and treated as an ordinary article of
merchandise and traffic, whenever a profit could be made by it;” and,
that “this opinion was at that time fixed and universal in the civilized
portion of the white race. It was regarded as an axiom in morals as well
as in politics, which no one thought of disputing, or supposed to be open
to dispute; and men in every grade and position in society daily and
habitually acted upon it in their private pursuits, as well as in matters
of public concern, without for a moment doubting the correctness of this
opinion.”
Public-domain text, read in full here on John Shaqi.
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