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 anything 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 mentioned, where
slavery could not by law exist, and that they thereby became free, and
upon their return to Missouri became citizens of that State.

Now, if the removal of which he speaks did not give them their
freedom, then by his own admission he is s