The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-10-16

4
greet thee, dearest, far away!
7 }. G. W.
| THE CONSTITUTION OF INDIANA AND
THE CONSTITUTION OF THE UNITED
STATES.
VIII the editor of the National Era please to
! ec2Ta several of his patrons with his opinion,
whether the Constitution of the State of Indiana
! 6oes MOI conflict X ,,sx~xg = = = : A,,a
| United States Can any State prohibit the
citizens of any other State from enjoying the
same privileges and immunties rs its own citi-
Gems? Can the colored citizens of New York
and Massachusetts, be prohibited from enjoying
the same privileges in the State of Indiana as
the white citizens of Indiana enjoy? w.. N.
Philadeiphia 9th mo. 4th, 1851.
We had occasion more than three years ago
to inquire into the meaning and history of the
second section, fourth article, of the Consttu-
ton of the United States What we wrote then
will constitute full reply to the question of
our correspondent and we therefore take the
liberty of republishing it;
Some time since the Charleston Mercury con-
tanned series Of able articles on the rights of
the slave States, with the following quotation
from the Federal Constitution prefxed as mot
to "The citizens of each State shall be enti-
tied to all the privileges and immunities of the
citizens in the several States"
This is one Of the most important provisions
of the Constitution. Its design is to make the
People one political family, and to equalize the
rights of citizenship throughout all the States of
the Union. In virtue of this provision, the citi-
zen Of Maine in Louisiana is entitled to all the
privileges and immunities of the citizens of that
State The citizen of South Carolina in Ohio is
entitled to the privileges and immunities of an
Ohio citizen. The latter cannot vote unless he
is twenty-one, has paid, or been charged with. a
State or county tax, and has resided in tho State
one year next preceding the election. The for
mer, if he has fulfilled these conditions, can per-
form the same act, They both stand on an
equal footing What constitutes citizenship in
each State must of course be determined by that
State for itself The provision of the Consti-
tuition is II transcript in q condensed form of a
part of the LIST section of the 9th article of the
Articles of Confederation" which was as fol.
lows:
"The better to secure and perpetuate mutual
friendship and intercourse among the people of
the different States in this Union, the free inhab-
itants of each of these States, paupers, vaga-
bonds, and fugitives from justice excepted,
shall be entitled to all the privileges and immu-
mites of free citizens in the several States"
Y The history of the proceedings upon this pro-
vision in the Congress of the Confederation is
not generally known, The Articles of Confede.
ration having been reported from committee,
they came under consideration June 25. 177S
and the amendments, recommended by the sew
eral States, were submitted by their delegates
respectively One amendment to the lst section
of the 4th article was moved by South Carolina,
which showed clear understanding of the ope-
ration of the provision, 1t was to insert the
word ,chite" between the words free inhabit-
ants :" the object being to exclude free colored
Inhabitants or citizens from the equality of priv
leges and immunities secured by the section. The
question was taken, and the vote stood-ayes 2.
noes 8, one State divided Subsequently, on the
same day, the same State made another effort
and moved to amend the section, by inserting
after the words free citizens of the several
States" according to the law of such States re-
spectively, for the government of their own free
phite inhabitants" Had this amendment been
adopted the section would have read, the free
inhabitants of each of these States, paupers,
vagabonds and fugitives from justice excepted,
shall be entitled to all the privileges and immu-
mites of free citizens in the several States ac-
eording to the iaw Of such States respectively for
the government Of their o,cn free wh,te inhdb,i-
ants" The vote ON the amendment stood
| ayes 2, noes s. one State divided
BY the deliberate act of the States of the
Confederation, therefore, equality of privileges
and immunties was secured to all the free in
habitants of the several States irrespectively of
color South Carolina moved twice to except
colored people from the operation Of the section,
and twice did the Congress of the Confodera-
ton deliberately negative the motion.
+ The provision as it is Incorporated in the Fed
eral Constitution is substantially the same, with
this verbal difference, that equality of privileges
and immunities is secured by it to citizens Of
each State without any regard, however, to
color.
This constitutional provision was fully dis
cussed by the Congress of ls2Ol2l. Missouri,
in pursuance of an act authorizing her to form
a State Constitution, had performed the task,
and the Constitution was submitted to Congress-
with q claim on the part Of Missouri to be
recognised As q State This recognition was
strenuously opposed, on the ground that there
were provisions of her Constitution repugnant
to the Constitution of the United Statcs-one of
which was the following: 1T shall he the duty
of the Legislature to pass such laws as may be
necessary to prevent free negroes and mulattoes
from coming to, and settling in, the State"
This provision, il was contended, was directly
repungnant to the guaranty Of equal privileges
and immunities TO the citizens Of each State, in
asmuch n in some Of the States free blacks and
mulatoes were recognised ~ citizens. Mr..
LowSDEs, the distinguished South Carolina
statesman, in the course Of an elaborate speech,