The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-05-27

AWlca0. AS mas uecn iuucdiou W "o
Chief Justice, 'bui two clauses of the Con.
slilu,ion point TO the negro race"-ths one in
reference to the suppression OF the slave
trade after the year 1908, and the other re-
la,iug TO the rights Of the master TO recover
fugitives from labor. There is not word or
syllable, in that well guarded instrument,
which couiers the high attributes OF citizen
ship upon the colored race. This position
is no new or "nove" one, as has been
strangely asserted in the majority report
1t was first officially promulgated in 1912,
by William Writ, when Attorney General OF
the United States, more than quarter Of a
century before the Dred Scott decision ex.
cited the attention of The people. The ques-
tion arose uyon tie construction Of the navi-
CATION laws Of the United States, which re-
quira that masters Of vessels shall be citizens.
In view OF this statute, difficulty arose in
the Treasury Department, as 10 whether
free negro Of Virginia could be placed in
command Of vessel; and the point was
submitted 10 Mr.. Writ for his decision. In
answer to the inquiry, he replied, officially,
as follows:
IL presume that the description, Citizens
of The United States used in the Constitu-
ton, has the same meaning that il had in
the several acts Of Congress passed under
the authority of the Constitution; otherwise
there will arise vagueness and uncertainty
in our laws which will make their execution,
if not impracticable, at least extremely diff.
cult and dangerous. Looking to the Consti-
tuition as the standard Of meaning, il seems
very manifest that no person is included in
the description of citizen Of the United States
who has not the full rights Of citizen in
the State of bis residence. Among olher
proofs of this, it will be sufficient 10 advert
10 The constitutional provision, that the cii-
zens of each State shall be entitled 10 all the
privileges and immunitles Of citizens Of the
several Stoles.
"Now, If person born and residing in
Virginia, but possessing none OF The high
characteristic privileges Of citizen Of The
State, is nevertheless a citizen Of Virginia,
in The sense Of the Constitution, then, Oh his
removal 10 another State, he acquires all the
immuniies and privileges Of a citizen Of that
Stale, alth ough he possessed none Of them
in the State of his nativity, 3 consequence
which certainly could not have been in the
contemplation Of the convention. A2aIn: The
only qualification required by the Constiin-
,ion TO render person, efisibie as President,
Senator, or Representative Of the Uoiled
States is, that he shall be 'ci,izen of the
United S,ates' Of given age and residence.
Free negroes and mulaltoes can satisfy the
acquisitions of age and residendetas we'll as
tho white man; and if nativity, residence and
allegiance combined (wilhout the rights and
privileges of white many are sufficient to
make him 'citlzen of the United States in
the sense of the Constitution, then free ne.
groes and mulaltoes are eligible to those
high Offices, and may command the purse
and sword of The nation.
"For these and other reasons, which might
easily be multiplied, am of the opinion that
the Constitution, by the description of 'cii-
zens of the United States,' intended those
only who enjoyed the full and equal privi-
leges Of white citizens in the State of their
residence"
Aief fu,iher discussing the question, Mr..
Attorney General Writ concludes his opin-
ion in the following words:
"Upon the whole, am Of the opinion,
that free persons of color in Virginia are not
citizens of the United States, within the in.
tent and meaning of the acts regulating sor.
eign and coasling trade, so as to be qualified
to command vessels." (Opinionsof attorneys
Gen. Of S., Vol. l.p sos, ed. 1852.
Concunen, with this imponan, decision of
the Treasury Department. under the direc-
lion of the Attorney General, runs the unbro-
ken action Of the Post Office Department of
our country. Since the organization Of the
government by the act Of Congress, "no
person OF color can be engaged in the Post
Office or in the transportation of mail matter"
To ,ha. branch Of the government, the negro,
free or bond, has no constitutional existence,
and is not permitted 10 be employed in any
of is rsmlficslions. Not regarded by II as a
citizen under the Constitution of the United
States, he is therefore debared from dis
charging any Of it's various functions. Nor
has the State Department been lees decided
IN its action upon this question. The fol-
lowing official document, In reference to The
granting of passports, was addressed 10 cit.
izen of New York, under the direction OF +he
Secretary Of State, and needs on comment
from the undersigned:
DEPARTMENT OF STATE,
Washington, Nov. 4, 1861
SiR. Your letters of the 29th ult. and Sd
inst, requesting passports for eleven colored
persons, have been received, and am drect-
ed by the Secretary 10 inform you that the
papers transmitted by you do not warrant the
department in complying with your request.
A passport is certificate that the person
10 whom il is granted is citizen Of the Unit
ted States; and il csn only be issued upon
proof of this fact. In the papers which ac-
company your communication there is no,
satisfactory evidence that the persons for
whom you request passports are Of this de-
scrip,ion. They are represented in your letter
s u.,otr,.l >, ,nd dou,sihad "A, the af};ds rite