Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-03-21

Of The state in which they reside but because
they, IN common with the native born citizens
Of that slate, must have he qualifications pre-
scribed by law for the enjoyment Of such privi-
leges, under its constitution and laws. Il rests
with the states themselves 50 to frame their
constitutions and laws as not to attach parlic-
ular privilege or immunity to mere naked citi-
zenship. II one Of the states will not deny to
any Of its own citizens particular privilege or
immunity, il il confer il ON all of them by rea-
son 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 n mind, that the diff.
fculties which attend the allowance ofthe claims
of colored persons TO be citizens of the United
States. are not avoided by saying that though
each state may make them its citizens, they are
not thereby made citizens of the United States
because the privileges of general citizenship are
secured 10 the citizens Of each state Tie IAN
guage of the constitution is 1.-The citizens of
each state shall be entitled to all privileges and
immunites of citizens in the several states -
II each Stale may make such persons its cil-
zens, they becume, as such, entitled to the ben
efts of this article if there be a citizenship Of
the United States, distinct from native born
citizenship of the several states"
The history of the fourth article of the con
federation respecting the attempt to exclude
free people of color from its operation, has al
ready been given This history was known 10
those who framed the constitution. This arti-
Gle was placed, in substance, 10 the constitution
Of The United States, with no change calculated
10 exclude free people Of color from its provis-
ions, and the presumption is that it was design
ed to have The same effect in the new instru-
ment as in the old.
It may be objected that if free oolored per-
sons may be citizens of the United States, it
depends only on the will of the master whether
he will emancipaie his slave, and thereby make
him citizen. Not so. The master is sub
ject to she will of the state--whether he shall
be allowed TO emancpste his slave at all 1t so,
on what conditions. The political status of
freed man must be determined by the state.
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 exception thereto can be found in the
constitution. And il a master in slavehold-
ing state should carry his slave into free state
and there emancipate him, he would not there
by make him native born citizen of that state,
and consequently no privileges could be claim
ed by such emancipated slave as a citizen oflhe
United States. For, whatever powers the
states may exercise 10 confer privileges of cit
izenship on persons not born on their soil, the
constitution of the United States does not rec
ognize such ciiizens. AS has already been
said, it recognizes the great principles of pub
lie law, that allegiance ane citizenship spring
from the, place of birth. It leaves 10 the states
the application of that principle to individual
cases. 1t leaves to the citizens of each state
the privileges and immunties of citizens in ev-
cry other state. But it does not allow to the
states the power to make aliens citizens, or per-
nit one state TO take persons born on the soil of
another state, and contrary TO the laws and pol
icy Of the state where they were born, make
them its citizens, aud so citizens of the United
States.
1t is sometimes urged that colored persons
are shown not 10 be citizens of the United
5rdres, ny me Tact mat the NATURALIZATION laws
apply only 10 white persons. But these laws
refer only 10 aliens, and cannot affect those born
on the soil. Sill, Congress has the power TO
-.
ercised it, by naturalizing Indians. 49,
Judge Curtis reviews briefly the legislation
of Congress which has debarred colored per-
sons from the exercise of certain rights or priv
ileges extended TO white persons-legislaton
touching the organization of the militia, impor-
tation of persons of color, concerning seamen,
&C., but he finds nothing in this to conflict with
his ideas. When Missouri applied for admiss-
ion to the Union, with constitution providing
that it should be the duty of the legislature to
pass laws to prevent free negroes from settling
in the state, the state was admitted on the fun
damental condition.
''That the constitution of Missouri shall never
be construed to authorize the passage of any law,
and that no law shall be passed in conformity
thereto by which any citizen of either of the states
of this Union shall be excluded from the enjoyment
of any of the privileges and immunites to which
such citizen is entitled under the constitution Of
the United States.''
The conclusions 10 which Judge Curtis ar
rives, in regard to the general point in discus
sion, are -
lst That the free native born citizens Of each
state are citizens of the United States.
I'd. That as free colored persons born within
some of the states are citizens of those states such
Sd. That every such citizen, residing in any
state, has the right to ands liable to be sued
in the federal courts, citizen of that state in
which be resides"
Judge MoLe!N's opinion upon this paitcu.
lar point, while agreeing in its essential fsa-
lures with that of Judge Curtis, is not argued
at length. In his argument, he confines him.
self mostly to certain technical questions touch
ing the Jurisdiction Of the circuit court Of Mis-
souri, and the pUsiticn Of the plaintiff before the
supreme court. a.1 +
VINO WRITES THE NEGRO soNos 1.-The princi-
pal writer Of our national music is Stephen c. FOs-
ter, the author Of ''Uncle Ned, so Susannah, .
60. Mr.. Foster resides near Pittsburg, where he
occupies o moderate elerkshp, upon which, and a
per centage on the sales Of his songs, he depends
for living. He writes the poetry as well as the
music of his songs These are sung wherever the
English language spoken while the music is sung
wherever men sing. In the cotton field Of the South,
among the mir rs of California and Australia, in
the seacoast cites Of China, in Paris, in the Lon
don prison, everywhere, in fact, his melodies are
heard. "Unce Ned'' was the first
al -, IL. II.