In the decision for Dred Scott vs. Sanford, (1857) in which a slave petitioned for his freedom in a St. Louis court, on the grounds that his owner had taken him into free territory, and thus he ought no longer be regarded as possessing "slave" status, but
should be regarded as a free man, the court decided as follows (excerpt):
in the Circuit Courts of the United States, the record must show that the case is one in which by the Constitution and laws of
the United States, the court had jurisdiction--and if this does not appear, and the court gives judgment either for plaintiff or
defendant, it is error, and the judgment must be reversed by this court--and the parties cannot by consent waive the objection to
the jurisdiction of the Circuit Court.
4. A free negro of the African race, whose ancestors were brought to this country and sold as slaves, is not a 'citizen' within the
meaning of the Constitution of the United States.
5. When the Constitution was adopted, they were not regarded in any of the States as members of the community which
constituted the State, and were nut numbered among its people or citizen Consequently, the special rights and immunities
guarantied to citizens do not apply to them. And not being "citizens within the meaning of the Constitution, they are not
entitled to sue in that character in a court of the United States, and the Circuit Court has not jurisdiction in such a sult.
6. The only two clauses in the Constitution which point to this race, treat them as persons whom it was morally lawful to deal in
as articles of property and to hold as slaves.
7. Since the adoption of the Constitution of the United States, no state can by any subsequent law make a foreigner or any other
description of persons citizens of the United States, nor entitle them to the rights and privileges secured to citizens by that
instrument.
What does the court say concerning the status of "free" blacks living in the United States?
A)
B)
They have the same rights as any other "free" people, and are full citizens.
They have the same rights as any other "free" people, but are not properly
citizens.
They are citizens, but don't have the full rights granted to other citizens.
D)
They are not citizens, and have no right to petition the court.