Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1856-11-22
COLORED PERSONS NOT CITIZENS.

Several colored Americans, about to travel as
musicians in Europe, recently applied to Secretary
Marcy for passports. Their request was refused
on -thc ground that colored persons are not
citizens according to established precedent in this
country. Though the Secretary of State refused
to grant passports, as this would be recognising
them as citizens, he very benevoleutly proposes to
give them passes" stating that they we're born
III this country and born free. The Tribune, very
properly counsels them to decline the government
passes and take Il certificate of citizenship from
Senator Sumner, or some other distinguished
American, which would be equally valuable to
them abroad as the proposed document signed by
the Democratic Secretary.
The following is the official reply to their appll-
cation:
DEPARTMENT OF STATE,
"WlshingtOn, Nov. 4. 1856.
81. II. RICE, Esq, New York City-Sir: Your
letters Of the 20th ulyimo and Sd instant, request
ing passports for eleven culored persons, have been
received. and am directed by the Secretary to
intorm you that the papers transmitted by you do
not warrant the Department in complying with
your request.
"A passport is a certificate that the person to
whom it is granted is Il citizen of the United States
and 1t can only be issued upon proof Of the fact.
In the papers which accompany your communica-
ton, there is not satisfactory evidence that the
persons for whom you request passports are of ,his
description. They are represented in your letter
as 'colored,' and described in the affidavit as black
from which statements il may be fairly inferred
that they are negroes. II this is 70, there can
be no doubt that they are not citizens of the Uni
ted States. The question whether free negroes
are such citizens Is not now presented for the first
time, but has repeatedly arisen in the administra-
sion Of both the National and State Governments.
In ISL a controversy arose as to whether free per-
tons of color were citizens Of the United States,
within the intent and meaning of the acts of Com
gress regulating the foreign and cOasting trade, ST.
as to be disqualified 30 command vessels; ard Mr..
Writ, Attorney General, decided that they were
not; and moreover held that the word citizens OF
the United States were used in the acts of Con,
gress in the same sense as in the Constitution
This view is also fully sustained in a recent opin
ion of the present Attorney General.
The judicial decisions of the country are tC
the same effect. In Kent's Commentaries, vol. 9,
p. 237, it is stated that in 1893 Chief Justice Dag
get of Connecticut, held that free blacks are no
citizens within the meaning of the term as USED
in the Constitution of the United, and the Suprem,
RI Court of Tennessee in the case Of the State agains
Claiborne, held the ame d ctrlne.
Such being the construction Of the Constitu
ton in regard to free persons Of color, it is conceiv
ed that they cannot he regarded, when beyond thu
jurisdiction of this Government, as entitled to thu
full rights of citizens; but the Secretary directs
me to say, that though the Department could no
certify that such persons are citizens of the United
States, yet ii satisfied Of the truth Of the facts. i
would give a certificate that they were born in thu
! United States, and free; and that the Government
thereof would regard it to be its duty to pPotecl
themif wronCcd by a foreign Government, whilG
within its jurisdiction for a legal and proper pur
pose.
IL am, respectfully, your obelient servant,
ar A VIInAiAC A-:.--. O