The Washington union., 1857-05-26


the white claimed the ultimate right Of dominion
But that claim acknowledged to be subject to the right
OF the Indians to occupy it long they thought
and neither the English colonial governments claimed
exercised any dominion the tribe or nation by
whom II occupied claimed the right to the pos
session of the territory, until the tribe nation consent
ed to cede IL These Indian governments regarded
and treated foreign governments, as much so az if
ocean had separated the red man from the white
and their freedom has constantly been ACKNOWLEDGED
from the time of the first emigration TO the Eng
ish colonies to the present day, by the different
governments which succeeded each other. Treaties
have been negotiated with them, and their alliance
sought for IN war and the people who compose these
Indian political communities have always been treated
foreigners not living under government Ii is true
that the of events has brought the Indian tribes
within the limits OF the United States under subsection
the white and it has been found necessary for their
sake as well own, to regard them in state of
puplage and to egisate to certain extent them
and the territory they occupy. But they may without
doubt like the subjects Of any other foreign government
be natuazed by the authority of Congress and become
citizens of State and Of the United States and if an in
dydal should leave his nation tribe and take up his
abode among the white population he would be entitled
to all the rights and privileges which would belong to
emigIant from any other foreign people.
We proceed to examine the presented by the
pleadngs.
The words ''people of the United States and citi-
zens synonymous terms, and the same thing.
They both describe the political body who, according to
our republican institutions form the sovereignty, and
who hold the power and Conduct the through
their representatives They what familiary call
the sovereign people,, and every citizen one of this
people, and constituent member Of this sovereignty
The question before Is whether the class persons
described in the plea in abatement compose portion of
this people, and constituent members of this
reigntyf We think they not, and that they not
included and not intended to be included under
the word citizens in the constitution and can there
fore claim of the rights and privileges which that
instrument provides for and citizens of the Uni
ted States On the contrary they were at that time CON
rflpafa old xp,n
had been subugated by the dominant race and whether
emancpatcd not yet remained subject to their author
ity, and had rights privileges but such as those
who held the power and the might choose to
grant them
1t is not the province of the to decide upon the
justice oriniustice the policy mpocy of these laws
The decision of that question belonged to the political
awmaking power, to those who formed the sovereignty
and framed the constitution The duty of the court is
to interpret the instrument they have framed with the
best lights obtain the subject and to admins
ter it find It, according to is true intent and
ing when 1t was adopted
In discussing this question must not confound the
rights OF citizenship which State may confer within its
own limits and the rights OF citizenship member of
the Union 1t does not by any follow because he
has all the rights and privileges citizen State that
he must be citizen of the United States He may have
all of the rights and privileges of citizen OF State and
yet not be entitled to the rights and privileges Of c
in any other State for previous to the adoption of
the constitution Of the United States every State had the
undoubted right to confer whomsoever 1t pleased the
character of Citizen and to endow him with all its rights
But this character of course confined to the bounda
ries of the State, and gave him rights priv-
lees in other States beyond those secured to him by
the laws of nations and the comfy of States. Nor
have the several States surrendered the power of confer
ring these rights and privileges BY adopting the consttu
ton of the United States Each State may still confer
them upon alien any it thinks proper or upon
class description of persons vet he would be
citizen In the sense in which that word is used in the
constitution of the United Stacs entitled
such in one of Its courts nor to the privileges and mmu
mites OF czen In the other States The rights which
he would acquire would be restricted to the State which
gave them The constitution has conferred Congress
the right to establish uniform rule of naturalization
and this right is evidently exclusive and has always been
held by this court to be Consequently State since
the adoption Of the constitution, can, by natirazng
alien invest him with the rights and privileges secured to
citizen of State under the federal government al
though far the State alone concerned he would
undoubtedly be entitled to the rights Of citizen and
clothed with all the rights and immunes which the con-
ston and laws of the State attached to that character
1t is very clear, therefore, that State cam by any
act or law of its own passed since the adoption of the
constitution Introduce new member into the political
community created by the constitution of the United
States 1t cannot make him member of this community
by making him member Of its And for the same
it cannot introduce any person. description Of
persons who not intended to be embraced in this
new political family which the constitution brought into
existence, but intended to be excluded from it.
The question then arises whether the provisions of the
constitution in relation to the personal rights and prvi
embraced the negro African race at that time in this
country, who might afterwards be imported who had
then should afterwards be made free in any State and
to put in the power of single State to make him cit
izen of the United States, and cndue him with the full
rights of citizenship in every other State without their
consent Does the constitution Of the United States
upon him whenever he shall be made free under the laws
of State and raised there the rank citizen and
Immediately cothe him with all the privileges of citi
zen in every other State, and In its own courtsl
The court think the affirmative of these propositions
cannot be maintained and If ii cannot the plaintiff
in could not be citizen of the State of Missouri
within the meaning of the constitution of the United
States and consequently, not entitled to in its
courts.
IL is true, every person. and every class and description
Of PERSONS who at the time of the adoption the
constitution recognised citizens in the several States
became also citizens of this political body but
other 1t was formed by them and for them and their
posterty but for else and the personal rights and
privileges guaranteed to citizens Of this sovereignty
intended to embrace those only who then
beIs of the several State communities or who should af
forwards, by brthrght otherwise become members
corng to the provisions of the constitution and prin
cpes which it was founded 1t the union of those
who at that time members of distinct and separate
political communities into political family whose
power for certain specified purposes to extend
the whole territory of the United States and it gave
each citizen rights and privileges outside of his State
which he did not before possess and placed him in every
other State upon perfect equality with its citizens
rights Of person and rights Of property it made him
a citizen of the United States
II becomes necessary therefore, to determine who were
citizens of the several States when the constitution was
adopted and in order to do this must TO the