Kenosha tribune & telegraph. [volume] (Kenosha, Wis.) 1856-1859, 1857-04-02
Jefferson. Jackson and Kent VS.. fancy.


After the engagement between the frigates
Chesapeake and Leopard. off the Capes of Fir
ginia, on June 22nd 1857, in which the former
struck her colors, four men were taken from hel
by the British captain of the Leopard. whom he
claimed as deserterS. Two of these men, John
Straban and William Ware, were negroes, ano
both born in Maryland. In the proclamation is
sued shortly afterwards by President Jefferson
excluding British vessels of war from American
waters. he said -
This enorlnity was not only without proyoca
tion or justihable cause, but was committed with
the ayowed purpose Of taking by force from a
ship of war OF the United States a part of her
crew, and that 10 circumstance might be want
ing to mark its character, it had been previously
ascertained that the seamen demanded were na-
tire citizens Of the United States"
In an address which Gen. jackson issued to
the colored soldiers Of his army in Louisiana, on
the 18th of December, 1914, he said -
when, on the banks of the Mobile, | called
you to take up arms, inviting you to partake the
perils aud glory OF your mhue tetiOm citizens, |
expected much from you; for | was not ignorant
that you possessed qualities most formidable to
an invading enemy. knew with what forti-
tude you could endure hunger and thirst, and all
the fatigues OF ampaign. / knew well how
you loved your native country, and that you, as
well as ourselves, had to defend wha. man holds
most dcar-his parents, wife, children and prop
erty, You have done more than | expected, In
addition to the previous qualities before knew
you possessed i found among you noble enthu.
Siasm, which leads to the performance Of great
things"
Chancellor kcnts opinion Of the right of ne
-roes to citizenship is no less explicitly express
i III his Commentaries on American Law, vol
il, p. 25S note
perhaps, after all, the question (whether a
negro is oris not citizen of the United States,
| depends more on verbal than on an essentia
distinction. Ii is certain that the constitution
and statute Law of New \ ork (Coust. art. ? /; \
\. Revised Statutes, vol. /, p. l26, sec. .,
speak of men Of color as being citizens, and ca
pable of being treeholders and entitled to vote
And if, at common law, all human beings born
within the allegiance Of the king, and under tn,
| kings obedience, were natural born subject.
nd not aliens, do not perceive why this doc
| trlne does not apply to these United States, il
| all cases in which there is no express constitu
| tioual or statute declaration to the contrary
! Blacks whether born free or in bondage, if borr
| under the jurisdiction and allegiance of the
| nited States, are natives, and not aliens They
are what the common law terms natural born
subjects. Subject and citizen are, in a degree
convertible terms as applied 10 natives; anC
| though the term citizen seems to be Appropriate
| republican treemen, yet we are, equally Will
| he inhabitants of all other countries, subjects
| Tor we are equally bound by allegiance and sub
lection To the Government and law of the land
| The privilege of voting, and the legal capacity
for office, are not essential TO the character of
| citizen, for women are citizens without either
and free people of color may en-; Joy the one, anC
| may acquire, hold and devise, aud transmit b,
| hereditary descent real and personal estates. =
The better opinion should think was that ne
groes OF other slaves, born within and under The
allegiance OF the United States are natural born
| subjects, but not citizens. Citizens. under oul
constitutions and laws, mean free inhabitants
born within the United States, or naturalized
| under the laws of Congress. ia STARE, born IL
the United States, be Galoaifed or otdcrteiSe lac
fully discharged from bondage, or ia black man
'e born ,etkiR he United States and born free h.
becomes thence j0rcard a citizen. but under such
disabilities the laws of the States respectively
| may deem it eXpedient TO prescribe to free per,
sons of color"
In view of the accumulated weight Of opinion
against Judge fancy, it is no wonder that gen.
tleman witholds for revision the manuscript,
from which his decision in the case of bred Scott
was pronounced Revise il as he NAV, there is
no chain or reasoning by which he can c;rcum.
vent the facts and arguments contained in the
opinion Of judges Curtis aud Mclean. We
await its promulgation, however with curiosity.
nuity the learned Chief Justice will have exer.
cised in the revision. II is stated that the edi.
tors Of the National lntelligencer recently appli.
ed for il for publication, and were refused. -
Boston Atlas.