An Examination of the Case of Dred Scott Against Sandford, in the Supreme Court of the United States
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| Hersteller: | Forgotten Books (Foot, Samuel A.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from An Examination of the Case of Dred Scott Against Sandford, in the Supreme Court of the United States: And a Full and Fair Exposition of the Decision of the Court, and of the Opinions of the Majority of the Judges The action was commenced in the Circuit Court of the United States, for the District of Missouri, to establish the freedom of Dred Scott, his wife and their two daughters, who were claimed and held by Sandford, the defendant, as slaves. The courts of the United States are not courts of general jurisdiction, having a right to hear and decide controversies of all kinds, but have jurisdiction over, and authority to hear and determine only certain specified cases, all of which are designated in the Constitution of the United States. Among those cases so designated, are controversies between citizens of different States. It follows, as a natural and logical sequence from this constitution of the Courts of the United States, that whenever a party commences an action in one of those courts, he must show on his written pleading, that he has a right to commence his suit in that court; or, in other words, that the controversy between him and his adversary is one of those specified in the Constitution of the United States, which the courts thereof have a right to hear and decide. If he fails to show this, his suit is always dismissed for want of jurisdiction. Accordingly, Dred Scott, in his first written pleading, called in this case, a declaration, stated, that he was a citizen of the State of Missouri, and Sandford, a citizen of the State of Massachusetts; and hence the controversy, to be heard and decided, was between citizens of different States. Sandford, by his written pleas, placed his defence on two grounds: First - He interposed what is technically called a plea in abatement to the jurisdiction of the Court, and alleged that Dred Scott was not a citizen of the State of Missouri, because he was, "a negro of African descent; his ancestors were of pure African blood, and were brought into this country and sold as negro slaves," and prayed judgment, that the Court would not take further cognizance of the action. Second. - He interposed what is technically called a plea in bar; or, in other words, a defence on the merits; and alleged, that Dred Scott, his wife and daughters, were his slaves. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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