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

u. su and The sesss ~ 1s.. NJ ,sr.n:s pnoeiys he
:i,s = = r eosains ssasaos Nd 'u.s'r,
hvos'.s, ,so.. q : similA, ehsr.eter' h~-sx.,
An arr hat ,be then state of opinion IN the Com
wtDSs.lth of Massachusetts was D0t csnes'so. wiz
,So nstursl rishts Of those people Who were osn ~
49,, soil and that they were not, Dy 'ne 70 -;
~ 1850 Of that State admitted TO the coz ai,on VI
vrs you'd be received with Furprke by TIE peope .,
that state, who know their own pobuc'I nss~y. -.
h true yond all controversy thA PEI J. Cs.i'
de.cepded from African aases were uy of bsm A
tutop made czers of the Stste, and sacn OF Isw "a
h,y. had the necessary qualifications, naVe neli on.
e1ecstd the elective franchise o. citizens rom 'u"~
time 10 the present tsee Com. We. Ave-, Ia flch. n
The Constitution Of New Hsnpshtre conferred US
sk Give trapob.e upon every nbsb,ant OF the opss
having the necessary qualifications, OF "h'cn ''''' VI
decent not one 40 vo,a
On n.vs,y male inhsbitant who sh have resided,
&c. making ontiDc.ion bet*een free co'o'el per
SOLE and otbep ,.,,....z -. ,h;s COL
Tb.t Of New -Jersey, 70 oil inhaoitaats OF ihs Gov
nv Of full age, who are worth go proclamation money
clear Estate. ION ,aor;,ed col
cred ser'ons to have some quanncsuonds noi ,s.a..
And New Jeney, by b present Consu'u'ion resulce
the night 10 vote 10 white male ciuzehs Du. Hoese
ctapges en- have M other erect upon me pIeSsnt
i1ouiIy. exoe,t 70 chow what indeed Is ndlspuAbIe
that b. fore thew were made such restriction existed
ard colored in common With white persons, were not
only eze1s Of tn zee Sts'fs but entitled 10 The eecIve
frsI cbise the same qushhcsioDs AZ w9ie Pslsoas
az they now are In New Hampshire and hassacnusets.
,bsll not enter into exsnlD.f)n OK the eNruog
oprit ne Of that period respecttg me afcsn iae no
into any discussion coIeerp!pg ths meaning o 'aos
Who a,seeo in the Declaia alton OF Independence toet
all men are created equal; that they are endowed oy
tbeir Creator with certain iDalisna'e I'gnts; lue'
smorg ,bese life, liberty and the pursuit OF hspp
n,ss Nv own opision IL, that calm compansono
these ions of universal abstract uuths, ana 'o
their OWL individual opinions and scs would not rave
there men under any reproach OF lrcons sency; tne
tbcta ISrnn pu
they were ready and anxious to make eiectuai Shef
ever necea ary regard 10 circumstances, winch DO
statesman cen disregard without producing more eVh
than good would sllow and that It would not De JOS
70 them nor true In it<el ID aege that they tnen IN
er ded 10 soy Lat the Creator ef ali men had endoE
the white race, exclusively with the great natural
no BITS which the Declaration of Independence asserts
But this ia not The place to yindica'e thelt memory
A. conceive we should deal here no, with such die-
rutes if there can be dispute concerning this SUBJECT
but with those substantial facts evnced by the wrt en-
constitutions Of Staes and by the notorious Praece
under item. And they show, in manner which DO
argument can obscure that in some OF ihe oiigaal
Thirteen States free coored persops before ADD a. the
time Of the formation Of the Constitution were citizens
CT these States.
The fourth Of the fundamental attic es OF the coned-
Grafton vas az folows:
BOMBS snd fuves justice e1c.ped. sa be entitled 70
all the privileges ard mmunes OF free citizens IN The several
ststesh =
rome of the several State, AID the consequence that
II IL fourth article Of the confederation wen have the
effect confer such persons the privileges, immun-
ties Of general citizenship, were not only known 70
hete who hsmed and adopted those articles, but the
eydenceis decisive that the fourth article was intended
to have that effect, and that more restricted language
which would have excluded such persons, was deio
erately ar d purpOsely rejected.
On the 25th Of June 1778 the articles Of )nedera-
ton by the Congress- the delegates from South Caro-
Ina moved TO amend the fourth article, by inserting
Of the word free" and before the word nnaU OIL
,taHtl a Oh tn
mmunitts of general citizenship woud os secu ,ea
only t sss. rS Ssn statS .pS the vote Of
one State was divided. The language of the article
rtood unchanged, ard both by its tekgns Of ncuson
it's terms Of exclusion, ''peupers vagatonds and
fueitiyes FROM Justice" who alone were excepted 1t is
clear that the Confederation, ard at The time OF
the sdoJton If the Constitution free cooTed pefs ms
| of African decent might be and, 10y reason u their
b. sbianfs of certaio States were entitled to the
privileges and mmunities Ct general czen:hip OF the
| United States
Did the Constitution of the United States deprive
| them or their descendants Of ctizenshi,
| That Constitution was ordsiDtd and established by
the Wope Of the Ubteo States through the acton, 10
each State, Of tbOte persons who we're quaiheo oy n
laws to act thereon in behalf OF themselves anu all
other citizens Of at State In some of the States. az
| we have seep, colood perrODs were among those
qualified by law TO act on this subject iheoe
coored pertoDs not Only included IN the BODY OF
"the people of the United States, by whom the Con-
.ti,uton as ordained and established but, in at least
FIVE Of the States they had power to act aud doubtless
did act by their suages upon the que:Sn OF its sdop
.,,nm. M .nv,Lips which deprived Of their citizenship
any mari Of the people Of the United States who were
smeng those by whom It was established.
| can find nothing in the Constitution which, proprto
rgore deprivss Of their citizenship any class Of persons
who ere citizens Of the United States at the time
Of lie adoption who 81 ould be native born citizens
of any State after its adoption any power, On.
sbGng Ccngre.s oisancbse persons born the soil
Of aIy State and entitled to citizenship of such State
10y i's Constitution and laws And my opinion is, tn
under tie Constitution OF the United Safes every free
p,ison born on the soI OF State who Is citizen Of
hat State by fce OF its Constitution OF laws, Is also
citizen Of TIE United Ststes.
Twill proceed TO state the grounds of thst opinion.
The fret tcton of the .ecOud article Of the ContiIu-
ton utes the language, "a natural born ci'izen Ii
thus assumes that citizen-hip msy be acquired by
! bnth Undoubtedly THE language OF the Constitution
was ufed in refer &c TO that pm pie OF public law,
well understood in this country at the time Of the
adoption Of the Constitution, which referred citiz gu
ship to the place Of birth. At the d. csiation of To-
depei dtrce stree the received general doc
tline has been in conformity with the common law,
that free persons born within either of tue colonies
were subjects of the King; that by the Declaration of
Ildepepoence ard the consequent acquisition o soye
resDty OF the Statee all such persons ceased TO be
subjects ard be came citizens Of the seve al States
oept go far as some Of them dsfranchsed by the
legislative power Of tie States, awaited themselves
sessonsby of the right to adhere to the British
IN The civil contest and thus 10 continue Briush cub
| jecis. (MCllIsn We. Coke Lessee / Cranch 2O9.)
The Constitution having recognized the rule, that
rersors born within the several States citizens Of
The United States one of four things must be true:
First, That the Constitution Itself has described
what native borb person shall shall not be citizens
| of TIE United States; or
Second, That II has empowered Congress to DO SO
| or,
Third That all frte persons, born within the several
Stat.s, ave citizens of The United S, .t.s or,
Fosih That it is let TO each State to determine