Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1857-08-21
Opinion of the Supreme Judicial Court,
on the question propounded by tho
Senate. March 20, 1851.

Senate, March 20, 1851
The UNDERLINED, justices Oi tic supreme
Judicial Court. respectfully present their
dominion in answer IL the intorrogatory adj
dressed 10 them by the order Of the senate
under date oG March 81, 1897
The intcrrogatory, ~ nrorounded, - very
comprehensive in its terms, and includes
4" FREQ colorrd persons, ot African descent
having residence established In some town
in tins State, Tor the term OF three months
next proceeding any election Sc'' whether
such persons. arc men, women, children,
raupcrs. persons under guardianship or
uanaturallcl foreigners.
Prc.umng il 10 have been the intention
NJ the Senate 20 confnc the inquiry To ircc
colored male persons Of African descent,
who arc twcnty-onc yoau OF age and mp
wnrl.. and who are possessed Of the other
qualification. requisite 90 constitute white
citizen a voter, we will p'occcd to answer.
Art. ii, \ /. OF the constitution OF Name
provides that ,.
" Every male citizen Of the United States
or the arc Of twcn,v.onc years and upwards,
excepting unurers, persons under guardian
ship. and Indians not taxed, having ms
residence established in this State Tor the
term or three months next preceding any
election, shall he an elcctor Tor Governor,
Senators and Representative. IN the town NJ
plantation where bis residence il 20 csiab-
lishcd."
This raises ror our consideration the dis
tinct question, whether irco native born
c1lorcd persons, of African descent, are rec
,,,pi,,l a. citizens Of the United States,
in the above provision OF the constitution.
The palititil status Of that portion OF the
African rAcc. in this country, which BE- not
in "A state Of slavery, has long been q matter
oC contc,ttipu. not only .amuns pole
tician.. but q some extent also among
courts and iurlsts
Chancellor Kent. in note 20 The goth
rarc OF the second volume OF his Common
tarics. (iih ciition,) says
Citizens. under our constitution anI
llvs. moan frcc inhabitants born within thc
United states. or uaturalirod under the laws
of C9prr,.s. la slave, horn in tho United
States. boz mauumitici. Ur otherwise law
fully discharged from bondage, NJ 30 black
man o. born within the United States, AMI
horn frrc. DO become, thrucr'urwari "a cit-
ION. but under such disahIIti,. as The laws
OF the states respectively may icrm u rN-
rrIIcut to Ur-yrIhr 90 IRE persons 1i color.
This doctrine. though supported hy high
judicial authority. h. ly 900 means uui'cr-
sally admitted. Courts and lurists of high
rrsrscAh.iIty and authority, lave druirl
that utsurs 0f African d,so'ui, whose an-
c,.tlrs v,ryoi pure African blood and w.rr
brought into ihi. country and snli ~ slaves,
arc ar can become citizens OF the lnitrl
S,atcs. within thc meaning Of tho cuusiiiu-
ton Of the United States. This doctrine
has recently been maintained with much
zall. and no great length, in the 'ns' OF
pri Soft n. Sanford, ~ llHNarls l.. :.
H.. aI3. Substantially che same doctrines
have bocu promulgated in tiny y. NHi'i, j
Iii'clIs Ken H. 1888, Nr'N. t.W."'H. !
Ngi.s Ten +. 1858, PHf'f.r q. Nr''
Enr. Ark. Il. 'uJ Cooper 8. The N1t
~ >lrrrHah. I 1ro. as and 10y parsrti,
e.. i. in Nefr,. CrlgfGH, boz Connecticut.
y t1 the correctness uf those decisions, we
express no OPINION. Each must stand uIou
it- own intrinsic merits, and they viii un'
duuhtrlIy receive that degree ut rD.I,et tp
which, as legal productions, they arr justly
entitled. They Ilu.t however, affect the
question now before us.
oar present. inquiry Is confined 90 au in-
tgryrrtltIHu ul tHu provision lu our own
constitution already cited, and Che term
.,c,iirru uf the Juitol States, " used ,hguu.
Art. iv, 5 l, of thc constitution of the
United >Utcs provides that
90 The citizen. Ul each state shall l' en-
titled 90 ail Tryiic-,- and immuuitD. ui
c,iIF.Ls iu thc sHygD. >btrs.
our inquiry therefore extends not only
o. the tights of ir,o ,0lor.d Tgr'0u- Ui hi-
rtcau dJ-o,ut who v,ro born within ihis
State. but al.1 90 tle same class Ui I.ra.us
who may have legu born in other state,
lutWlr have BECOME RESIDENT. of ihH>u'r
Chief Justice fancy, boz ihcuIIuInu ul iau
maurty ol the court iu tlr rlsa of md
NUVy. Sanford, cited above, hys down ilr
following propositions as 90 citizenship %!
thc United State
lAwlc iu l,s commentaries, 'ays
IL Is true every person, aud every c,a~
aud description ui l.uNus, Who were 90 ihr
time of thc adoption u. the constitution,
recognized "a. citizens boo The several state,
became also cit.rus at this new political
body, hu; none other, 10 was formed hy
th,m. aud or thrm and tlgir Iusiru'y, lut
flr u8 one ,lsc. Ana Toe personal TIsHi-
aud privilege. guaranteed 90 citizen, Yt t.Es
new sovereignty. were intended 90 embrace
those only vino were m,ml,r- ui thr several
state communities, Dr Who should after
wards. hy hir,Irisht Ug 0ta.rwi-", become
members according a. the provisions ui iUn
constitution and tUc IrugIIlD- un which 10
was founded /. wa. tbg union Ui those
o 2 ..H d. .HH
aud separate political communities into ono
political family, Whose luwor, Tor certain
srTJihai purposes, was 90 extend over tHr
whole territory ul tho United States Aud
10 gave % each citizen rights aud privilege
outside OF hi, STATE which De- dil NOT before
possess, aud placed him ip oycry-thrr State
up1ua perfect equality with 10, own citizens
~ % rights ol IHr.lu and rights ui property,
10 made him u citizen Ut th, United states.
1.-The citizens of each State constituted
the citizens ct the Du,ted States when the
constitution was adopted. The rights which
uppgruiugl 70 them as citiz,us OF those
respective commonwealth, accompanied
them IN the formation OF the great CONF
pound commonwealth which eu,uyi.-
They became citizen, Ol the latter without
crasins % Doc citilUu- Ul the former, and De-
who vas subsequently, born % citizen Of a
State, became az thc moment Of his birth.
a citizen of the United States Rawlc On
the tpu't. I. so.
q" livery citizen of o state, is ipo ta.to, .
citizen OF The United States" STORY ou the
Const, vol. 3. +. jaj.
. Such being the cooperation Of that provision
. OF the constitution ul the United States
which We have cItsl above, upon the cone
dtion OF those persons who were recognized
a. citizens Of the several States at the adop-
ton OF the constitution, II becomes perth,