The Washington union., 1857-05-27

Ni'iASnn Oi the Olate. ana persons the African
race are citizens Of State and Of the United States
they would be entitled to all Of these privileges and
imnunes In every State, and the State could not
strict them; for they would hold these privileges
and mmunities under the paramount authority of the
federal government and its courts would be bound to
maintain and enforce Them the constitution and laws of
the State TO the contrary notwithstanding And if the
States could limit restrict them place the party in
an inferior grade this clause of the constitution would be
unmcaning, and could have no operation and would
give rights TO the citizen when in another State He
would have nonebu what the State itself chose to allow
him. This is evidently not the construction or meaning
OF the clause IN question Ii guarantees rights the
citizen and the State cannot withhold them And these
rights of character and would lead to consequences
which make il absolutely certain that the African race
not included under the of citizens of State
and not in the contemplation Of the trainers Of the
constitution when these privileges and immuntes
provided for the protection of the citizen other States
The of Legrand DaInall (2 Peters 664) has
been referred to for the purpose of showing that this
has decided that the descendant of slave may sue as
citizen in court of the United States but the case itself
shows that the question did arise and could not have
arisen in the case
1t appears from the report that Darnall was born in
Maryland and the of awhite by one of his
slaves and his father executed certain instruments
manumit him. and devised to him landed property
in the State This property Darna afterwards sold to
Legand the appellant, who gave his notes for the pur
chase-money But becoming afterwards appehensive that
the appellee had not been emancpated according the
laws of Maryland he refused to pay the notes until he
u
Danall in the time had taken up his residence in
Pennsylvania and brought suit the notes. and
cred judgment in the circuit court for the district Of Ma
ryland.
The whole proceeding, appears by the report
amicabe Legrand being perfectly willing pay the
money, he could obtain title and Darna wish
ing him to pay unless he could make him good In
point of fact the whole proceeding under the drec
ton of the counsel who argued the for the appellee
who the mutual friend of the parties and conded in
by both of them, and whose only object to have the
rights of both parties established by judicial decision in
the most speedy and least expensive manner.
Legrand therefore, raised objection to the jurisdc-
ton of the court in the suit at law because he him
self anxious to obtain the judgment of the court upon his
title. Consequently, there nothing in the record be-
fore the court to show that Darnall OF African de-
scent and the usual Judgment and award of execution
entered And Legrand thereupon filed his bill on the
equity side of the circuit court stating that Darnal
born slave and had not been legally emancipated and
could not therefore, take the land devised to him.
make Legand good title; and praying injunction to
restrain Darnall from proceeding to execution the
Judgment, which was granted Darnall answered,
ring in his that he free man. and capable of
conveying q good title Testimony was taken this
point and at the hearing the circuit court of opinion
that Darnall free and his title good and dis
solved the injunction and dismissed the bill and that
decree was affirmed here, upon the appeal of Legrand
Now it is difficult to imagine how any question about
the citizenship of Danal or his right to sue in that
character be supposed to have arisen been decided
in that The fact that he African descent
first brought before the court upon the bill in equity
The suit at law had then passed into Judgment and award
of execution, and the circuit court court of law,
had no longer any authority it. 1t valid and
legal Judgment which the court that rendered it had not
the power to aside And unless had ursdc
ton court of equity to restrain him from using its pro-
court of law Danal If he thought proper would
have been at liberty to proceed on his Judgment and
compel the payment of the money, although the aega
tions in the bill true, and he was incapable of
making title No other court could have enoined him,
for certainly State equity court could interfere in that
with the judgment Of circuit court of the United
States
But the circuit court court of equity certainly had
equity jurisdiction its Judgment a court of
law without regard to the character of the parties and
had not only the right, but 1t Its dutyno matter
who the parties in the judgment to prevent them
from proceeding to enforce it by execution the court
satisfied that the money not justly and equaby
due. The ability of Darna to convey did not depend
upon his citizenship, but upon his title to freedom And
if he Free he could hold and convey property by the
laws of Maryland, although he not citizen But il
he was by law still slave he could not 1t was, there
FORE the duty of the court sitting court Of equity in
the latter case to prevent him from using its process
n court of law to compel the payment of the
purchase when was evident the purchaser
must lose the land But if he Free and could make
title it equally the duty Of the court not to suffer
Lend to keep the land and refuse the payment OF the
money, upon the ground that Darna was incapable of
suing being sued citizen in of the United
States The character citizenship of the parties had
connexion with the question of jurisdiction and the
matter IN dispute had no relation TO the citizenship OF
Darna Nor is such question alluded to in the opn
ion of the court.
Besides, by prepared to say that there
not many cases, civil well criminal in which
circuit court Of the United States may exercise ursdic
ton, although of the African is party; that
broad question is not before the court The question
with which dealing is, whether person Of
the African be citizen of the United States and
become thereby entitled to special privilege, by virtue
of his title to that character and which, under the
sttuton one but citizen claim 1t is manifest
that the of Legrand and Darnall has bearing
that question: and have application to the
before the court
This case however, strkingly illustrates the conse
quences that would follow the construction of the cons
tuition which would give the power contended for to
State. 1t would in effect give it also to individual
For if the father of young Darna had manumtted him
in his lifetime, and sent him to reside in State which
recognised him as citizen, he might have visited and
sojouned in Maryland when he pleased, and long
he pleased as citizen of the United States and the
State officers and tribunals would be compelled by the
paramount authority of the constitution to receive him
and treat him of its citizens exempt from the
laws and police Of the State in relation to person of that
description, and allow him to enjoy all the rights and
privileges of citizenship without respect to the laws of
Maryland, although such laws deemed by it abso-
lutey essential TO its safety.
The only two provisions which point to them and in
cude them treat them property, and make it the duty
of the government to protect it other power in rela
ton to this is to be found in the constitution and
it is government of special delegated powers
thoty beyond these two provisions be constitution
ally exercised The government of the United States had
right to interfere for any other purpose but that Of pro-
tectng the rights OF the owner leaving it altogether with