The southern press. [volume] (Washington City [i.e. Washington, D.C.]) 1850-1852, 1851-11-26
Is a Free Negro a Citizen?

States, that we transfer with pleasure the fol-
lowing able argument from the New York
Journal of Commerce. The topic treated of il
one of great interest and importance to The
Sonth-Lheir right to .egslate on this cannot bs
compromised, without endangering not only the
perpetuity of their Institutions, but their OWE
personal security: ,.-.
THE RIGHT OF ExcLUsIoN.-The law OF
South Carolina which subjects nonresident
coored persons who come within the limits oi
the State, TO confinement until they are ready to
depart, is police regulation, adopted for the
safety of the community. Ali nations exercise
that right Of exclusion in degrees more or less
| limited, and it is not only unquestionable, but
its policy is admitted. China excludes wholly.
France applies to all those who do not obtain
| the assent of the government, expressed in a
passport 1t is founded on the great principle
Of selfpreservation the first right OF organized
society. Strangers have no right to question
its exercise. In the case of South Carolina, it
is contended that she has not the power to
adopt police regulations, deemed by her govern
ment necessary to the public safety, because in
the national compact it WAS agreed that the ctI-
zens of each State shall be entitled TO all privi-
States and coIored persons, it is said, come
within the designation Of citizens. The Albany
Daily Register takes this ground in reply to OPP
posite views expressed in this paper.
At the time of the adoption Of the Constitu-
ton in 1887, all the States of this Union, except
one, authorized the holding of slaves, and the
colored people generally We're slaves. Such of
them as We're not, exercised few or no political
privileges. They were not allowed TO VOTE
they could not serve on juries, they performed
no military duty, they were incapaciated from
holding office or any eg. latiye trust, they could
not intermarry with the whites, they h ad no con-
Germ in the administration Of justice, and no
part in the details of any of cur local institu-
tons. Could these slaveholding States, in the
form of convention, have intended TO apply
the clause giving equal privileges TO citizens in
any State, 10 persons who in every State Were
treated as n degraded caste of inferior rank
The Constitution speaks Of "citizens," of "free
persons" and of "Other persons" The colored
free population were doubtless meant TO be in
cluded urdcr the designation of ''free persons"
and not Ia that Of oitiEous,--a slaves and Ind
ans were intended TO be designated under the
phrase "all other persons" The Indians in this
State are as much subject 10 the control Of our
local laws as the free negroes. They are sub
iectcd, however TO the same disabilities, and our
highest court in 1923, the court of errors, de-
cided that Indians mere not ciizenS, and they re-
versed, in this respect, the soIemn decision OF
the Supreme Court. The coored Populltion
would seem to be clearly embraced within the
principle Of the decision Chief Jnstice Dag.
gett of the supreme court Of Connecticut, de-
cided in terms, in the proceedings against Pru-
dence Crandell that free blacks were not citi
Zens, within the meaning Of the term ms il was
used in the Constitution. In Virginia the same
dcc,ion was made; and in Tennessee, in the
ease Of the State against Claiborne, il was dis.
;inciy held that Stree negroes are not in any Of
the States entitled 10 all the privileges and inn
muuitics Of citizens, and that n State may con.
stituionaly prohibit free persons Of color from
removing into the State TO reside therein" IN
ls4l, the Attorney General Of the United States
gave his official opinion, that the free blacks
were not citizens within the intention Of the act
relating to the coasting trade.
If these decisions are correct, the question IL
nj an end: for al admit that the right of South
Carolina to exclude free negroes is perfect, if
they do not come within the designation Of clti.
zens, on whom the privileges and immuniies Of
that prov sion are conferred. That they are
correct must be assumrd against the mere specu.
lrlve opinions Of the Albany Register, and nm.
M they are uverthrown by courts Of higher al.
thori,v That they will be ovcrthrowu. cannot
,be expected, while the Supreme Court Of the
United States is constituted ~ at present
But what are the privileges aud immunities Of
the negroes in the several States, that make II 50
IMPERATIVE on South Carolina 10 open her door.
To them! Connecticut passed statute in 1888
anlhorising any c6Iored person who should
come there 10 be instructed, 10 be removed, un.
der the act for the admission and settlement oi
inhabitants" In 1907, Ohio passed an act for
bidding the settlement Of n rro within her
limits, unless he give bond in the penalty 81
$500 with two or more surriics conditioned
| hat re will behave and support himsrlE lnd
ana in 1893. Michigan 10 81, and Illinois long
previouly. n !opied the same policy.
New York in Isle refused by a large msjnrt,
of voters 10 confer on negroes the elective fran
chise. Massachusetts Ia 1905 in l7S6in 1885 de-
clared that TO white pcson should marry n negro
Indian, or mulItto. Illinois declared al sucl
marriages void. and that ihe persons 40 married
should be liable TO be whipped, fined and impris
oned. The supreme court OF Pennsylvania, II
| 1897, decided that negroesan mula'tos were no
entitled TO vote, although the privilege was con
ferred on citizens. In many Of the States thcy
are not allowed to be witness against whites
and the disabilities IN some Of them are NOR,
severe than those we have mentioned.
These disabilities, put upon the coloted race
\ in most Of the States Of this Union, show clear
" that they are generally estim ted as no
being citizens n designation that belongs Il
our republican freemen. THE laws which thu
Indicate tie State view If the civil position anC
rights Of the colored race. are many of then
based on the same principle W ich lies at I'll,
foundation Of the law of Souih Carolina. whose
constitutionality is questioned. They consti
tute an important Legislative Interpretation o
the Constitution, in full harmony with the de
cisions we have referred to. Together, thei
weight Of authority will be deemed conclusive
by all those who pay respect 10 decisions made
by competent tribunals The Albany Regisie
regrets that what il calls 80 respectable pape
as the Journal of Commerce, should dispute th'
citizenship Of the colored race, and their night u
go into South Carolina among the combustibl'
materials Of her slave population. We enter
tain not only regret, but surprise, that th
Albany Register should contend that Sout
Carolina Is Towerless to prevent such iucursion'
and that her population cannot exercise Wig
lance necessary for their own pre- seryation.