aning, and delegates the same powers to
the Government, and reserves and secures the same rights and privileges
to citizens; and as long as it continues to exist in its present form,
it speaks not only in the same words, but with the same meaning and
intent with which it spoke when it came from the hands of its framers,
and was voted on and adopted by the people of the United States. Any
other rule of construction would abrogate the judicial character of this
court, and make it the mere reflex of the popular opinion or passion of
the day. This court was not created by the Constitution for such
purposes. Higher and graver trusts have been confided to it, and it must
not falter in the path of duty.

What the construction was at that time, we think can hardly admit of
doubt. We have the language of the Declaration of Independence and of
the Articles of Confederation, in addition to the plain words of the
Constitution itself; we have the legislation of the different States,
before, about the time, and since, the Constitution was adopted; we have
the legislation of Congress, from the time of its adoption to a recent
period; and we have the constant and uniform action of the Executive
Department, all concurring together, and leading to the same result. And
if any thing in relation to the construction of the Constitution can be
regarded as settled, it is that which we now give to the word "citizen"
and the word "people."

And upon a full and careful consideration of the subject, the court is
of opinion, that, upon the facts stated in the plea in abatement, Dred
Scott was not a citizen of Missouri within the meaning of the
Constitution of the United States, and not entitled as such to sue in
its courts; and, consequently, that the Circuit Court had no
jurisdiction of the case, and that the judgment on the plea in abatement
is erroneous.

We are aware that doubts are entertained by some of the members of the
court, whether the plea in abatement is legally before the court upon
this writ of error: but if that plea is regarded as waived, or out of
the case upon any other ground, yet the question as to the jurisdiction
of the Circuit Court is presented on the face of the bill of exception
itself, taken by the plaintiff at the trial; for he admits that he and
his wife were born slaves, but endeavors to make out his title to
freedom and citizenship by showing that they were taken by their owner
to certain places, hereinafter menti