Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-04-17

Z
deemed entitled to the privileges of citizens
of the State in which they reside, but because
they, in common with the native born citizens
of that State, must have the qualifications
prescribed by law for the enjoyment Of such
privileges. under its Constitution and laws
IL rests with the States themselves so to frame
their Constitutions and laws as not to attach
particular privilege or immunity to mere ma
kcd citizenship. If one of the States will
not deny to any Of its own citizens particu-
lar privilege or immunity, if it confer it on all
of them, by reason Of mere naked citizenship,
then it may be claimed by every citizen Of
each State by force of the Constitution.
And it must be borne in mind that the diff
fcultes which attend the allowance of the
claims Of colored personals % be citizens Of the
United States are not avoided by saying that
though each State may make them it, cit-
IONS, they are not thereby made citizens of
the United States because the privileges Of
general citizenship are sacred to the citizens
of each State The language Of the Const-
tuition is "The citizens of each State shall
be entitled to all privileges and immunities Of
citizens in the several States If each State
may make such persons its citizens, they be-
come. as such, entitled to the benefit of this
article, if there be a citizenship of the United
States, distinct from a native-born citizenship
of the several States.
There is one view of this article entitled to
consideration in this connection 1t is mani
festly copied from the fourth of the Articles
of Confederation, with only slight changes of
phraseology, which render its meaning more
precise. and dropping the clause which ex-
cluded paupers, vagabonds and fugitives from
justice, probably because these cases could be
lpol Will t,n of fha
States, and a special provision therefor was
not necessary. 1t has been suggested that in
adopting it into the Constitution the words
free inhabitants" were changed for the word
citizens" An examination of the forms of
expression commonly used in the State papers
Of that day, and an attention to the substance
of this article Of the Confederation, will show
that the words free Inhabitants as then
used, were synonymous with citizens. When
the Articles of Confederation were adopted
in July, 1878, we were in the midst of the
Revolution, and there were very few persons
then embraced in the words free inhabitants
who were not born on the soil. 1t was not
time when many, save the children of the
soil, were willing to embark their fortunes in
our cause and though there might be an in
accuracy in the uses of words to call free in
habitants citizens, it then technical rath-
er than a substantial difference If we look
into the Constitutions and State papers of
that period, we find 'the free inhabitants of
these colonies" or the ''free inhabitants of
this State, or Commonwealth" employed to
designate those whom should now denom-
mate citizens. The substance and purpose
of the article proved it was in this sense it
used these words 1t secures to the free in
habitants of each State the privileges and i'm
,''""ities of free citizens in every State. IL
is not concernable rnat the states should have
agreed to extend the privileges of citizenship
to persons not entitled to enjoy the privileges
of citizens in the States where they dwelt;
that under this article there was a class of
persons in some of the States, not citizens. to
whom were secured all the privileges and i'm
munities of citizens when they went into 9TH
er States, and the Just conclusion is, that
though the Constitution caused an inaccuracy
of language it left the substance of this arti-
Gle in the National Constitution the same as
it was in the articles of confederation.
The history of this fourth article, respect
ing the attempt to exclude free persons of col
or from its operation, has been already stated.
1t is reasonable to conclude that this history
was known to those who framed and adopted
the Constitution That, under this fourth
article of Confederation, free persons of col
or might be entitled to the privileges of gem
eral citizenship, if otherwise entitled thereto,
is clear. When this article was, in substance,
placed in and made part of the Constitution
of the United States, with no change in its
language calculated to exclude free colored
persons from its provisions, the presumption
is, to say the least, strong that the practical
effect which it was designed to have and did
have under the former government, it was de-
signed to have and should have under the new
government.
1t may be further objected that if free col
ored persons may be citizens of the United
States, it depends only on the viii of mas
ter whether he will emancipate his slave, and
thereby make him citizen. Not so. The
master is subject to the will of the State
Whether he shall be allowed to emancipate
his slave at all if so, on what conditions;
and what is to be the political status of the
freed man, depends, not ON the will of the
master, but ON the will of the State, upon
which the political status of all its native born
inhabitants depends. Under the Constitution
Of the United States each State has retained
this power of determining the political status
of its native born inhabitants, and no excep-
ton thereto can be found in the Constitution.
And if a master in slaveholding State should
carry his slave into free State and there e.
mancipate him, he would not thereby make
him a native born citizen of that State, and
consequently no privileges could be claimed
by-such emancipated slave as a citizen of the
United States. For, whatever powers the
States may exercise to confer privileges of
citizenship on persons not born on their soil,
the Constitution of the United States does
not recognize such citizens. As has already
been said, it recognizes the great principles
of public law, that allegiances and citizen
ships spring from the place of birth. 1t leaves
to the States the application of that princi-
pie TO individual cases. 1t leave to the citi-
zens of each State the privileges and immu-
mites Of citizens in every other State. But
it does not allow the States the power TO make
aliens citizens or permit enc State to take
persons from the soil of another State, and
contrary to the laws and policy Of the State
where they were born, make them its citizens,
and so citizens of the United States No
such deviation from the great rule of public
law was contemplated by the Constitution.
and when any such attempt shall be actually
made, it is to be met by applying 70 it those
Yu1aa of latu and thoaq nrinriulas of good faith