The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-08


CITIZENSHIP IMPORTANT DEcIsIoN.-The ques-
ton whethe; free negroes born in this country are
entitled az, citizens to the protection Of our gov
erDment while travelling abroad, is, we believe,
one which has only recently presented itself for
consideration. 1t is true that by parity of
reasc ming with other controversies and decisions
CONNECTED with the rights of colored persons the
inference was strongly against such claims but
We recollect no case previous to that to which
we refer which brought the matter fairly to
issue.
About ten days since application was made to
the State Department, through MIR. Fl. H. Rice,
Clerk to the Superior Court in this city, for
foreign passports for eleven persons Of color,
composing troupe Of minstrels, who were about
necessary papers and certificates were forwarded
with the application. From these, it appears
that nine of these persons were born in the State
of New York, one in Philadelphia, and one in
Portland, Maine. Concluding that there would
be no difficulty in obtaining passports from the
Department, the troupe left on Saturday last, by
the Hermann, with the intention Of remaining at
Bremen until they received their credentials,
which their agent here was instructed to forward
after them. This expectation has been disap-
pointed by the receipt of the following communi-
cation:--
DEPARTMENT OF STATE,
WASHINGTON, Nov. 4, 1855. )
a. RU, Esq, New York Oity--
SR-Your letters OF the 10Th umo and 80 instant,
quesng passports for eleven colored have been
you that the papers transmitted oy you do mot
the department In complying with your request.
o Ss i csn
be issued upon proof OF this fact In the papers which
accompany your communication there rs mot satnfActory
porss Are Of this DESCRIPTION They are represented in
your letter coored, and described In the adavts
TERED tina. hey are negroes # this 80, there can be
doubt that they not citizens Of the United States
The question whether free are such citizens not
arsen the administration Of both the national and state
In 1874 controversy arose - to whether
free persons Of color citizens Of the United States
within The intent and meaning Of the acaa Of Congress
regulating foreign and coastng trade, 30 s 70 be dis
qualified to command vessels; aud Mr.. Writ, Attorney
General decided that they NOT and moreover held
that the words scitzens OF the United States
the acts Of Congress in the sense in the
constitution. THIS view 10 also fully sustained in recent
opI ion Of the present Attorney General
The judicial decisions Of the country arc to the same
effect II Ks ,sss vol 2 Is
held blacks not ''citzens" within the
ing o, the term used In the constitution OF the United
States and the Supreme Court OF Tennessee in the case
Of the State against Claiborne held the doctrine.
Such being the construction OF the constitution In re-
garc 10 free persons Of color IL nceved that they
cannot be regarded when beyond tho jurisdiction Of this
government entitled 70 the full rights Of citizens; but
the Secretary directs me 70 say that though the Depart
ent could not certify that persons citizens OF the
United States yet IL satisfied OF the truth OF the facts 1t
would give certificate that hey we're born in the United
States and free and that the government thereof would
foreign govern ment while within w jurisdiction for
legal and proper purpose
am, sir, respectfully, your obedient servant,
j. A. THOMAS, Assistant Secretary.
The above will no doubt come upon many per-
sons by surprise. 1t is enormously supposed that
the right to vote carries with it all the rights Of
citizenship, and that consequently persons Of
color can claim all the privileges which white
citizens enjoy. BY the laws Of the State of New
York free negro possessing real estate to the
amount of $3.50 above his obligations, is entitled
to vote; but from the legal decisions referred to
above it is clear that the exercise of this right
does not constitute him citizen of the United
States within the intent and meaning Of the con-
stituiion. This may be very inconsistent, but
such undoubtedly is the hw. Its seeming ano
mally is, however, mitigated by the intimation
that If the Department Is satisfied by proper
evidence that applicants of this sort wer
born in the United States and are free, it vii
consider it its duty to protect them If wronged by
foreign government while within its jurisdiction.