New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-13

lrfr All
- ~ C,s,ss he Application Of that principle 70 ind
.s.ss n ksvss 10 The citizens OF essh STATE me
;yleo.s end inmunities OF eituene ~ every oth.s
S,..e Bat il dec not allow 10 the ossets 'oe p"e "
90 .Isrs c;,;y,ns or permit one State 70 lake pei
on ~ On the n of another State, and conhary'o
80 and pohcy Of the S'ate where they were corn
- ~ sm i,s oiriI,ps and 20 citizens oil toe cnGu
S,.,es No ,ucb lewiston from The sress iue oI pun
lie law was contemplated ~ toe .Ss !, e ~
vbsn any sucb attempt shall De sctuai mode, 49,
80 ~ spnl,ips 20 il tho~e rules OF Law and noee
n,irc;nks Of GOD faith which wl'l be suihcaen. " u
eide Il; and not in my Judgment, oy ueu!inS n.s -,
the f. native born inhabitants OF sA's WI c;t;'
others under its Copettuuon anu 'S"'' "e
ztps of TIE United STATES 49,, ,a-.,..
|, has sometimes been urged that cosorsd PeisoIs
are shown not "a be citizens " the CbHeo S'~Te ~
the fact that the Naturalization ls~s 'Ppy ~ ,hs
white persons But whether pessos, ooln IN tus
United Staies be or be net citizen, cannot eepeuI
lsvs which refer only 10 slieIs and 90 NOT Asc' e
status of persons born IN the United Sts.ee: tne ~
most efe c which can be attributed 70 them H. 20 sooN
that Congress has not deemed II eIpedIent generasy
10 SPY tie rule to colorea aliens Th.t they mge,
dc SO, If thought tit is clear The Constitution - no.
excluded them And srce that has conferred the
power on Congress 70 natur Aze c'lored Aliens IT GER
tany sho~s &C or IL not necessary quallncaoon for
citizenship under the Constitution OF the United Stae'
IL may be ADDED that the poser TO make cslored per-
.ors citizens Of the United STATES under the Constitu-
III n ba been actually exercised in repeated and I'M
portrait instances. (See the Treaties with the Choc-
taws Ct September 2! 1880 Art III with the C1ero-
Hicalso February ,, lS4s, Art ~
co not deem il necessary to review at length the
es.on of Cor gr.ss having more or ess b. airing on
The citizenshp Of coored P sons does not seem 20
hss been confidered by the legislative department
OF The Government that no such pc SOILS are eizeos OF
the United States. Undoubtedly, they have been de-
barred from the exercise OF particular rights or prvl
.ees extend ed 70 white persons but believe, swsys
in Ne rms which BY implication admit they may be cit
IL. ps Thus the act of May IL, E99, for the organzs
on OF be militia directs the enrolment OF
able bodied white male sitizen." An assumption that
roue but white persons citizens would DO a. neon
sltent with the Just mport of this language as that all
c'tizeus Ne abe bodied or makes.
So the act of February - 1893 z stat. at Large,
2O 10 prevent the importation OF certain persons into
States when by the laws thereof their admBso1 Is pro-
bbited in its first section forbid all masters OF vessels
TO import or br any negro muatto or other pers'
of cOler net being s., s'lvs e'e" or 'eS s'''u
The acts of March 3 1913, Sec. e Stat az Large
sC9 ard March l. 1917, Sec. IS Stat. at Large, 39l'
olcern1g sesnsD, cetsi, iy imply there may De per-
soIs of color n.tyts Of u Unite Stses, who are not
citizens of The United Sste~. This implication Is un-
doub,edy in accordance with the fact. For not only
sayes but free persons OF color bonn IN some OF tne
States are certainly not citizens But there Is no,hing
in these Laws ncor ssteLt with the citizenship OF per
sons of color in others Of the States nor with their
b,ipp citizens OF the United States
Wheeler much or little wei, ht should be attached TO
the particular phraseoogy OF these anu otner laws,
|
this subject consider their tendency to be, as Already
indicated, 10 show that in the apprehension of their
| frsmers color wss not necessary quAihcation OF
czeI ship Il would be strange il laws were found on
onr statute book to that effect, when, by SOLEMN
| testes large bodies Of Mexican and North Amerc sn
oisns have been admitted to citizenship OF the Tilted
| States.
son of the State of Arsl uI toto the Union this ques
tic was aetated Its re-u found in the solution
Of CoIgi,sS of March ,. 1871 for the admission OF
tina, State 10 the Union The Constitution of Missouri,
III der which that State applied jr admission ioto the
Upi D. provided that il should be the duty of the
legislature 70 pare laws to prevent free negroes and
mulatoss from cemng to asd ttling in the State,
OIL der any prereIt whsever OGegrcund OF ooJec-
ton to The acmisscn of the state under this COnsu-
tic Was that il would require the Legislature to ex-
cude free ptIsoLs Of coloT, who would be entitled,
under the second secton Of the fourth article OF the
Constitution not only 10 cone within the State, bat
to eLoy there, the privileges and inmuDee OF citi-
zens. The ies' luton Of Congress admitting the State
WEI upon the JdsueI tai conOiion that the Const
" iun u Of Missouri shall never be construed to au
"horize Il passage of any law. and that no law shall
lie passed IN conformity thereto by which ssy Gill
zen OF either OF the STATES Of this ULion sha be e1-
cluce ed from the enjoy mtnt OF any OF the privileges
" ana inn ubtss TO which such citizen Is entitled
under the Constitution OF the United states. II is
rue that neither the gslstv declaration any nhg
IN the Constitution laws Of Missouri could confer or
abe away any privilege or immunity granted by the
Constitution But ii Is aso true that it presses the
then conviction the legislative power of the United
States that free Legroes, citizens of some OF the
Stat.s might be entitled to the privileges and immuni
ties Of citizens in Gil the States.
The CONCLUSIONS at which nave arrived on this part
of the care are:
First: That the free pative-born citizens of each
State are citizens Of the United States.
Steond: That as free colored persoos born within
con Of The States citizens of those Safes such
persors are also citizens Of tie United States.
Thud: That every such citizen residing in any
State bss the right 10 and is liable 10 be- sued IN
the Ftctrel Cours, as citizen of that State In which
he rss6es.
Eturh: That as the plea 10 the jurk diction In this
case shows IL facts, EXCEPT that the pslAtf was OF
African desceDt and his Snces sold slaves
and fhese facs net Dconslrent with hs citizen
sbip Of The United States and his residence in the
STATE Of MxsCuri, the plea 10 the jurisdiction was bsd
and the judgment of the Circuit Court, overuins IT,
wac correct
Iciss.I therefore from that psit of the opinion Of
The majority Of the Court ia which il holds that per-
SOD OF African descent cannot be a citizen OF the
United Slater, and regret must 20 further and de
sent both from what deem their assumption Of au-
borty 10 examine tSe coD.rrutionsity VI the act Of
CoTerss commonly called the Missouri Compounds
set and the grounds aod conclusion announced in
their opinion.
Hsvre ,st decided hist they were bound to 'nsid.r
the icercy Of the plea TO the jurisdiction of the Cir
cut Court, end bavpg decided that this pies sho we'd
that he Circuit Court lad not ursdictoD. and conse
qUtniy that Ibis is case TO which the Judicial power
OF the lifted Stetes doss Dot extend they have gone
10 txenir the meris Of the they appeaFei
the trial beforehe ,Drt aud jury upon the issues Jin-d
the pleas in bsr; and have reached toe question
Of the Of Co1gress TO pass the act of 1890 On
grave subject ss Ihis, feel Obliged 10 sa7, that n
NY Iition such exertion OF Judicial power traus
Gel de he limits Of the authority Of the Court, de-
,crbed by IFS repeated cecisons, and as ackno Tedgsd
ir this OF ion of the majority Of the Court.
in the Of that opiDi it became Necessary to
nmeIt the CT lie Grand vs.. Daniel reported
il Peters, X. 664 In that case bill was filed by
ore alleged to De citizen of Maryland, against one