nd is open to its inspection and revision.

2. When a plea to the jurisdiction, in abatement, is overruled by the
court upon demurrer, and the defendant pleads in bar, and upon these
pleas the final judgment of the court is in his favor--if the plaintiff
brings a writ of error, the judgment of the court upon the plea in
abatement is before this court, although it was in favor of the
plaintiff--and if the court erred in overruling it, the judgment must be
reversed, and a mandate issued to the Circuit Court to dismiss the case
for want of jurisdiction.

3. 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 not numbered among its "people or citizens." Consequently, the
special rights and immunities guaranteed 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 suit.

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.

8. A State, by its laws passed since the adoption of the Constitution,
may put a foreigner or any other description of persons upon a footing
with its own citizens, as to all the rights and privileges enjoyed by
them within its dominion, and by its laws. But that will not make him a
citizen of the United States, nor entitle him to sue in its cour