t of the
record. For if there is no plea in abatement, and the want of
jurisdiction does not appear in any other part of the transcript brought
up by the writ of error, the undisputed averment of citizenship in the
declaration must be taken in this court to be true. In this case, the
citizenship is averred, but it is denied by the defendant in the manner
required by the rules of pleading, and the fact upon which the denial is
based is admitted by the demurrer. And, if the plea and demurrer, and
judgment of the court below upon it, are before us upon this record, the
question to be decided is, whether the facts stated in the plea are
sufficient to show that the plaintiff is not entitled to sue as a
citizen in a court of the United States.

We think they are before us. The plea in abatement and the judgment of
the court upon it, are a part of the judicial proceedings in the Circuit
Court, and are there recorded as such; and a writ of error always brings
up to the superior court the whole record of the proceedings in the
court below. And in the case of the United States _v._ Smith, (11
Wheat., 172,) this court said, that the case being brought up by writ of
error, the whole record was under the consideration of this court. And
this being the case in the present instance, the plea in abatement is
necessarily under consideration; and it becomes, therefore, our duty to
decide whether the facts stated in the plea are or are not sufficient to
show that the plaintiff is not entitled to sue as a citizen in a court
of the United States.

This is certainly a very serious question, and one that now for the
first time has been brought for decision before this court. But it is
brought here by those who have a right to bring it, and it is our duty
to meet it and decide it.

The question is simply this: Can a negro whose ancestors were imported
into this country, and sold as slaves, become a member of the political
community formed and brought into existence by the Constitution of the
United States, and as such become entitled to all the rights and
privileges and immunities guaranteed to the citizen? One of which rights
is the privilege of suing in a court of the United States in the cases
specified in the Constitution.

It will be observed, that the plea applies to that class of persons only
whose ancestors were negroes of the African race, and imported into this
country, and sold and held as slaves. The only matter in issue before