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[Cite as Dred Scott v. Sandford, 60 U.S. 393, 417, 450-451 (1857). NOTE: This decision concerned whether African-Americans could be considered United States citizens and capable of bringing suit in federal courts. The Court relied upon historic discrimination which denied African-Americans the rights of citizens. The Court's most conclusive example (their terms) was New Hampshire's 1815 laws which denied militia participation to African-Americans: "Nothing could more strongly mark the entire repudiation of the African race." (P. 415) Among the resulting parade of horribles should African-Americans be considered citizens, the Court enumerated the rights of citizens and included the right to arms: "It would give to persons of the negro race, ... the right to enter every other State whenever they pleased, ... the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went." (P. 417 This page) Asserting the federal government had no power to enact Territorial laws which would infringe property rights (slaves as property), the court listed rights individuals possess upon entering a Territory destined to become a state and again mentioned the right to arms: "... no one, we presume, will contend that Congress can make any law in a Territory respecting the establishment of religion, or the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people of the Territory peaceably to assemble, and to petition the Government for the redress of grievances." "Nor can Congress deny to the people the right to keep and bear arms, nor the right to trial by jury, nor compel any one to be a witness against himself in a criminal proceeding.... The powers over person and property of which we speak are not only not granted to Congress, but are in express terms denied, and they are forbidden to exercise them." (Pp. 450-51) In this respect the Dred Scott decision is similar to its contemporary, Cooper and Warsham v. Savannah, 4 Ga. 68, 72 (1848). It is likewise similar to other Supreme Court decisions which list individual rights and include the right to arms. (Robertson v. Baldwin, 165 U.S. 275, 281-282 (1897); United States v. Verdugo-Urquidez, 494 U.S. 259, 265 (1990)) Other points of interest could be the Court's profession of duty to interpret the Constitution "according to its true intent and meaning when it was adopted." (p. 405); quoting "an American patriot" for the point that "European sovereigns give lands to their colonists, but reserve power to control their property and liberty" whereas the "American government sells lands belonging to the people of the several states ... to their citizens, who are already in possession of personal and political rights, which the Government did not give, and cannot take away." (P. 513)(Campbell concurring) For further information on Dred Scott, visit Sonja's Dred Scott page (includes a photo of Mr. Scott) and Lisa Cozzens' Dred Scott: Introduction.]

[Dred Scott v. Sandford continued
Return to pages 393-416 (Majority opinion).
Currently at page 417 (Majority opinion).
Proceed to pages 418-448 (Majority opinion).
Proceed to pages 449-453 (Majority opinion).
Proceed to pages 454-456 (Wayne concurring).
Proceed to pages 457-468 (Nelson concurring).
Proceed to pages 469-492 (Grier, Daniel concurring).
Proceed to pages 493-517 (Campbell concurring).
Proceed to pages 518-528 (Catron concurring).
Proceed to pages 529-563 (McLean dissenting).
Proceed to pages 564-633 (Curtis dissenting)]

[paragraph continued from previous page] regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognized as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went. And all of this would be done in the face of the subject race of the same color, both free and slaves, and inevitably producing discontent and insubordination among them, and endangering the peace and safety of the State.

It is impossible, it would seem, to believe that the great men of the slaveholding States, who took so large a share in framing the Constitution of the United States, and exercised so much influence in procuring its adoption, could have been so forgetful or regardless of their own safety and the safety of those who trusted and confided in them.

Besides, this want of foresight and care would have been utterly inconsistent with the caution displayed in providing for the admission of new members into this political family. For, when they gave to the citizens of each State the privileges and immunities of citizens in the several States, they at the same time took from the several States the power of naturalization, and confined that power exclusively to the Federal Government. No State was willing to permit another State to determine who should or should not be admitted as one of its citizens, and entitled to demand equal rights and privileges with their own people, within their own territories. The right of naturalization was therefore, with one accord, surrendered by the States, and confided to the Federal Government. And this power granted to Congress to establish an uniform rule of naturalization is, by the well-understood meaning of the word, confined to persons born in a foreign country, under a foreign Government. It is not a power to raise to the rank of a citizen any one born in the United States, who, from birth or parentage, by the laws of the country, belongs to an inferior and subordinate class. And when we find the States guarding themselves from the indiscreet or improper admission by other States of emigrants from other countries, by giving the power exclusively to Congress, we cannot fail to see that they could never have left with the States a much [paragraph continues next page]

[Return to pages 393-416 (Majority opinion).
Currently at page 417 (Majority opinion).
Proceed to pages 418-448 (Majority opinion).
Proceed to pages 449-453 (Majority opinion).
Proceed to pages 454-456 (Wayne concurring).
Proceed to pages 457-468 (Nelson concurring).
Proceed to pages 469-492 (Grier, Daniel concurring).
Proceed to pages 493-517 (Campbell concurring).
Proceed to pages 518-528 (Catron concurring).
Proceed to pages 529-563 (McLean dissenting).
Proceed to pages 564-633 (Curtis dissenting)]