Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1856-11-14

CLAIMS OF FREE NEGROES 10 IHE hiHiit
,E CTr1ZENSulP-IMIORrNNT DEClSlON.

CLAIMS OF FREE NEGROES TO II RIGHTS
or OBSERVATION-DISCLOSURES pEtlSioN'
About ten days since application was made 10 the
Stni. Department, through MIR. III. IL. k'"-, S'ri" I"
Superior Court III tins city, tar i"reiIn p"s'por's ~; -.
r,-y,u persons of color, composing a troupe oil .',m
strei., who were about TO start CD IA proiess'ona;: .a,.s
10 Europe. The necessary papers and ~" i,
were forwarded with the application. From in the
appears that nine of tLese persons WERE ard one in
State of New York, one in PEiIadripn'", rnuli be 10
Portland, Maine. Concluding that .ns.' Ds,,nr,mert.
| difficulty in obtaining passports IRON th, iIprman:,
the troupe left on saturday '"s.' I,,,r,cn uni! they
with the intention Of reinalnl.S " mir prcr. here wa,
received thelr cre1en'.nn, Them. This expectation!
hss , 49, h..v d;ss nnointed by the receipt Il
communication .,,prnrSr OF STATE.
w,sn,SGroN, Nov. 4th, iS'o
n II r,cr. Esq, New York Ivy , ., instant.
- N,,nr letters of the 18th uiiimo anu ~ hsws
,,.,in,, passports for eleven coioreu pSnar.,,rv IN
been fece,n ,h., he Inpers transmitted by You DO
',"t wnrrsnt the Department i'll complying " ''N
request. .,,, ,be nerson to whom
rus slnnt a., - mon proof of this tact. In Inc
,,p.rs which accompany your cnmhiu'nS" fr vhom
is not satisfactory evidence that ths p e; y, They
Won REQUEST passports are OF THIS uoi.I'i,,i ,nd de-.
-. r.nr.s.ntri i'm your letter IA 'coioreo, az ,.t
=; n Nv. oil; Is Wits ~ .black," from "h'ch eInae'
mems il NAV be fairly inferred thht .Ie 80, : M,
Ir ~, - 40 ,I,.re can be 40 doubt that Tue, -
- . ,f IN. United States. The question "e.e
ire. ne,ro,s are such citizens Is io' Nv" r. ,be nd.
r,r the first time, but has repeatedly 80. Govern.
mi,i.,ratiun of both the naii"iiSl ""o 80 w ,,I,r,h.r
,n.n,s. In 1921 a controversy hroso u" 10 ,h. J'uit.d
fr.a persons of color were citizens y ,ha met. Of
St,i.s within the intent and ineAi'nS VI IL /. +, ss
Congress regulating foreign anu eoasa'u md Mr. Wirt.
+, be disqualified tn command Ves'ele' $751;" ".. nat. and
Attorney General, decided that iney r ~. limited
moreover held that the words, "criZens".a IN tme
states were used in the acts "i SGns,; 80, Is .I.o
anne sens, A. in the Constitution nv . a A..
fully sustained in Il recent OPINION ol Il p''''
torney General. IL. country are to the
..r,. .iF,ct. In Kent's Commentaries VOL - p,-''
II ia .,sred that in 1888 Chief Justice Dagset, :"
n.c,;cut. held that free blacks are NOT ~" W.
within the meaning of the term as tsea III 'ne G Snr,
,.,;",, of rho limited States, and the supreme Cou!'
of Tennessee, i'll the case oi tHe 10" '7
borne. held the same doctrine constitution in
Such being the construction OF tne eu ns'; that
regard to free persons al color II Is ON ;,r;.t;n,
,bcy cannot be regarded, when beyond ."e lu,.sL,..
lion of this government, AS entitled 10 '"e =" e. ,hat
If citizens: but the Secretary directs me u 20 .nu.
,hourh the Department could not certify .ne' suS"
n.rsnns are CITIZENS of the United STATES yeth sans,
lad of tho facts, it would give a certlhcate ,na. ny
,Ypra horn in the United States, ana Tree; anu ~" ," ~,
,ovsrum.nt thereof would regard II 10 De ns uu.y :.
,ro,sct them if wronged by a foreign goVernnsm,
whil, within is jurisdiction Tor a iegai auu P'0P''
nnrnoss. MN. cir, respectfully
p"P Your 0bedient servant,
J. THOMAS, Assistant secretary