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


il may be proper here to rotee some supposed oVS
oons to thr vies Of the subject.
II has been often sseer.ed that the Constitution VS.
maze t1eiu.ivefy ny sId 70. The white r:ee y ne
already been sbown that IN i've OF the thirteen onginA
ststee, COX red persons then pcssessed the elective
fra chht and were among thoee by whom The Conso-
tuition y a. OF dADed and eetsbiehed IL 20, r y na
tue in point Ct feet that the Cons tuition vas made
exclusively by the white And, that Il va made
exclusively for tie white e, in my opinion, not
snly CD assumption Dot warranted bY anything IN the
Constitution but ctnusdicted BY it opening declare
that vas ordar ed and established by the people
Of the United Saies for themselves and their posterty
And free co0red persons were the citizens OF nve
Uni I'd States, they among those TOR vhem and
whose posterity the Constitution wa ordaioed ADD
ettabli-fed.
Again it has been objected that IL the Constitution
bss LETT 10 the several States the ghfu power TO de.er
nine who Of their inhabitants shs be citizens OF tne
United States the States may make alien, citizens
The sDswer lie obvious. The Consd uiion has len 70
tie States ibe determination what persons born within
respt Give lnts shall acquire by birth citizen
tbip CT the United Saies; il has not len to hem any
power prescribe any rule for the iemIve OF NE Gss
bilites of aiebsge This power is exclusively 10 Con-
| gree.
ions, horn within particular State and ma1e citizens
Of that State by its Constitution and laws thereby
made ci'izers Of the United States then, under the
second section OF the fourth Article Of the Consttuion
sucb persons would be entitled to all the privileges and
in muntes Of citizens In the several States and so
then colored persons could vote and be eligible 10 not
oply Federal Offices but offices even in those States
whore Constitution and laws disquslfy coored persons
| from voting or being elected to ofce.
| But this position rests upon an assumption which
| deem untenable. tie bssis Is thst no one can be
deemed citizen Of the United States who is not CO.
titled to ey all the privileges and Tanon Ksn .GSH
R. 800 That this is not true, under the Constuhon
| Of the United States, seems to me clesr.
| A paturalized citizen cannot be President OF the
Upit.d Stsss nor Senator till after the lapse OF nine
y.ns nor Representative ill after tie lapse OF seven
yeas fro bis naturalization. fe, O. soou AZ ma ura'
led be is certainly q citizen OF the nited S'aes
Nor is any iDbabnsnt of the Dsctot Coiamo,s OF OF
either Of the Territories egbe to the office OF Senator
or Representative in Congress, though they may be
citizens # the United States. So in all OF the States,
numerous persons, though citizens, cannot vote, or
cannot hold offoe either account of their age or
sex or want Of the necessary legal qualifications The
truth s at either ship under the Constitution of the
United S,aiee h not dependent en- the possession OF
aDy particular political or even OF az clvn nsns Sm
c,izeps tire elective franchise shall be conhded Ia q
qres,iou TO be determined by each State in accordance
with its views of the necees ties or experiences OF
III condition What civilized rights shall be enjoyed
by its citizens and whether oil shall eojoy the same,
or how they may be gained or lost, are to be deter
mined in the same way.
Ore may eonine the right Of suffrage to white male
citizens; another may extend II to colored persons sod
females one may allow all persons above prescribed
see TO convey property and 'rans act bus anohe
may exclude married womt q. But whether naive Dorn
b. cause insane spendthrifts be excluded from vo
ing or hodiI office, allowed to do So apprehend
no one viii deny that they are citizens OF the onited
Sta,es Besdes this clause OF the Constitution does
rot confer en- the citizens of one State, IN all other
Ststes Of celtic and enumerated privileges and immun-
| tte Tfty are entitled TO such as belong to citizen
shin; but not to such belong 10 particular citizens
atteI dec by other qualifications. Privileges and I'M
mt mites which belong to certain CIT zens OF are oy
eston Of the oper alton Of causes other than mere c
ztpship. are net conferred Thus, If the laws OF
| in al IN
rome qualification for Office or the exercise OF the cleo
tive franchise, citizens Of all other States coming
cannot er Joy those privileges not they not
to be deemed entitled TO the privileges Of citizens of
the State in which they reside, but because they in
o,umon with the nstve born citizens OF that State,
mrst have the quail fcatioDs prescribed by Law for the
.roy ment Of such privileges under its Constitution
and lsws II rest. with the States themselves 80 to
frame their Constitutions and lass as not to attach
particular privilege or i'm nuny to mere naked citizen
chip. IL of the States will not deny to any OF its
ci izens particular privilege immunity, If
confer il all Of them, by reSOn of mere naked citi
zeD.tip then it may be claimed by every citizen Of
| each State by force Of the Constitution.
| Ard it NUT be borne in mind that the difficulties
which sttsp the allowance of the claims of coIored
IetoDs TO be CITIZENS OF the United States are )t
avoiotd BY saying that though each State may make
them it, czeDs they not thereby msde citizens Of
The UDeo States; becaue the privileges of genera
czerthp are secured to the citizens Of each State.
TIE lspe usge Of the Constitution i1: "The citizens
" Of each State shall be entitled to all privileges aud
| iuuuptes of citizens in the several Staiss." If
| ,ech State may mske such persons its czeIs, they
become such entitled 10 the benefits OF this article
if there he czt rsbip of the United States dstnc,
from the Dstve born citizenship of the United States
distinct fiom nsve-born Citizenship Of the several
states
There lie one view of this article entitled to consGe-
ratio in this connection IL manestly copied from
tie fouh of the Articles of Confederation, with only
sight changes of lbrsseology, which render s mean
ing more precise and dropping the clause which ex-
cuded psuper, vsgabones and fugives IRON jastice,
probably because tbtse Cases could be dealt with I'M
Ger the police overs Of the Ststes and special pro-
yision therefor was rot necesssry has bee aug
gesi.d that in acoptrg il into the Constitution the
vor6s "tre il habitsnts were changed for the word
"cirizers." An examination Of the fo>nns of express
zion commonly useo in the State papers of thst day,
attention to the substance OF this icle of the
Coz federation will chow that the words free inhsbt-
Hts" as then used, were SYNONYMOUS with citizens.
Wien tie Articles OF Confederation we're adopted
in July, IT'S, We in the midst Of the war Of the
lie volLtiOr, end thee were very few persons then
en.bisced in the words free inhabitants who not
born on our soi. II was not a tne when many
save TIE children Of the coil, were willing TO emb,rk
their fortunes in cause and ihor "a there might
Re en- il accuracy in the uses Of words TO ca. free
iibstsL's ezeIs II was then tecbnc 4, rather than
o subst. btis d ference. II We lJok 10 o the Csns
tu,ioDs emo ate pep3rs OF that period, we fad tne
4" Tree Inhabitants Of tosse cOOLles or the free In
"babi,anis OF this Safe, Common ~eal,h employ
I'd I, otss nate IL, whom should deoom late
ci,izers. The substance and pu pose OF the artcls
prov ed it wss ID the sepse II used theee world IL
cues to II free inhabitants Of each 3 ate the priv
eles and INN uniiss Of free citizens ia every State II
is Lot tIcepsblt that the States should have agreed
10 exerd TIE privileges of citizenship TO persons Dot
srtit 10 enjoy The privileges OF citizens In the States
where uey 1wet that under this article there was
clsss OF ptrsons Of the Saes, not citizens, ~
whom we've secued all the privileges and anut Ities
Of cIiiz ps when they went INTO other States, and he
-, fb.C tufiO