New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-10
"supposed to be separate from the whites, and


number Of negroes were he'd a. slaves-juss -
large number Of whites were held as bODd-.ervans
for terms Of years. ba, it is no less true that oeslds
these negro slaves there was considerable class Oh
free negroes in oil the colonies who possessed mos'
or all Of the rights of other free persons including
in m,ny Of the colonies the elective franchise
It it, then manifest fal.ebood TO assert ths. ST the
tine Of the Declaration Of Independence negroes
a. negroes, were looked upon as unfit Associates
"for the white race sOc,aly or politically as
"haviDg no rights which white men we're bound 70
respect and az " lever being thought Of or spokeo
"Of except as property" In community ent1r
IA ming such ideas, the existence Of free negro
would have been impossible The frt Chie'-Ju'-
tee fancy or puisne Justice Nelson, WHO met az
emaDcipated negro on the high Esy, would have
seized upon blm as q slave, treating him in tnat
respect like stray borse or OF; and IL case no
owDer appeared, would have GAINED to coue into
lawful possession by finding. The very fact ths'
there we're in all the Colonies no. only ensaved ne
grces bu fee negroes and that those free negroes
were capable Of holding property Of nskag con-
tracts Of suing aud being sued, and even of voting
upsets the wh lie argument Of the Court upon TINS
point Those free reeroes hal just thu same re.-
sons for joining in the Declasi.D OF lnc-P-nd' nee
that the free whites had; nor we're they h'usnt
unworthy to join with tue wbi'e' IN is support
Their services "a soldiers were eagerly accepted
by 10 Stse more eagerly than By Judge Taney's
own State Of Maryland - aud 10 the m,in-
tenance by aims OF that Declaration they cpnsro-
uied .beir ull quota At the tine Of the adoption
of the Feder,l Constitution, free negroes enjoyed
10 seversi Of the Sta,es the rights Of cirzepthip
under The SAFE Constitutions. In common with
the other tzens of those States Shey become ci.
liens Of the United States, nor Is any preteuse
found for excluding them from that privilege except
in studied misrepresentation and downright false
hood.
But even these misrepresentation aud falsehoods
afford no basis suficisn! to sustain this decision
Take the Courts elaborate falsehood. as truths;
grant that when the Constitution WAS framed no.
body in Europe or America regarded negroes as
meD ard that, therefore, they could not haze oesn
thought of as citizens of the United States; grant
oil this, and it by DO means follows that free ne-
groes cannot sue in the Courts of be Uased SAFES
which is the point decided. For distinction Is
admitted by the Chef-Justice between citizens OF
particular States and citizens Of the United States.
Upon this point, the Court expresses Itself as
follows:
Previous to the adopt Of the Constitution, every
State might confer the character OF ciuzen, aud en-
dow nan with all the rights pertaining To IT Tbs
YVES confined TO the boundaries OF State, and gave
him no rights beyond its limits Nor have the seversI
Constitution. Erery Sac may confer TIE righ, up,n
an 0lnn any Oihe1 clas' Or descphl" Of Per'o",
rto ,ouId 10 oil mtems and purpO'es, be citizen Of
the State"
So far go good; but when the Court proceed to
add, "but not citizen in the sense USED in the
"COns.itutiOn Of The Tilted Saais-: no could noe
therefore sue in any Court OF the Uoltei a<s,
they make an assertion for which they produce ho
wa rant. If distinction exits, as he Court al
leees, between c,izens Of the respective st""e aud
citizens of the United States, haf distinction III ist
be suppOted to be known 10, aud t. be Recognized
by, the Constitution Of the UuiIet States But
that Constitution in establishing the jurisdiction OF
the Federal COur,s makes no mention Ot cltlzeps of
the United States, it speaks only Of CT iz-ns Of tue
States. Those Courts are 10 baye jurisdiction in
What is there in this clause 20 prevent negro c't-
zen of Mas sacbuserts or New-York from suelog in
the Federal Courts
So much for the point, actually decided. As to
the other points upol which the Court gives an
opinion, We shall have something TO say on future
occasion. We will only add to day hat the views
Of Mr. Justice Curts, as appears BY the abstract of
bis dissenting opinion which we publish today, a,
to the citizenship Of Africans aud also as TO the
judicial character Of the paris Of the Judgment Of
the majority involving ether questions are sub
staLtially those which We have above presrntei;
while Mr. Justice NJ Lean fully bears gu. our con-
structon of the Constitution, that free negroes CHI.
zens of any of the States, would have right to sue
in tie Federal Courts, even though it were con-
ceded that they are not and cannot be citizens Of
the United States.
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