Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-03-20

Of the territories, eligible to the office Of
senator or representative in Congress,
though they may be citizens of the United
States. So in all of the states, numerous per-
sons, though citizens, cannot vote, or cannot
hold office, either on account of their age or
sex, or the want Of the necessary legal qua
liiications. The truth is that citizenship,
under the constitution Of the United States,
Is not dependent on the possession Of any
particular political, or even of all civil
rights and any attempt so to define it must
lead to error. To what citizens the elective
franchise shall be confined is a question to
be determined by each state, in accordance
with its own views of the necessities or ex-
pediences of its condition. What civil
rights shall be enjoyed by its citizens, and
whether all shall enjoy the same or how
they may be gained or lost, are to be de-
termined the same way.
And it must be borne in mind that the
difficulties which attend the allowance Of
the 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 Sc
cured to the citizens Of each state. The
language of the constitution is The citi-
zens Of each state shall be entitled to all
privileges and immunties Of citizens in the
several states If each state may make
such persons its citizens, they become. as
such, entitled to the benefits of this article
if there be citizenship Of, the United States,
INSTINCT from natlVe BORN cltlzehshlP OF
the several states.
Judge Curtis reviews briefly the lcglsla-
ton Of Congress which has debarred color
ed persons from the exercise of certain
rights or privileges extended to white per
/ sons-legislation touching the organization
/ Of the militia, importation of persons of
! color, concerning seamen, &c. but he finds
nothing in this to conflict with his ideas,
When Missouri applied for admission to
the Union, with a 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 fundamental 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 Giuzen OF either OF the
stl'es u .nis MN nun 10 4lyu tne
20 wbcb sncb ntizo i. cnti,ied nnder ,be "or'
stitution of the United States
The conclusion to which Judge Curtis ar
rives in regard to the general point in
discussion, are =
lst. That the free native born citizens Of each
state are citizeGs OF the United states
"a ma i as tree co'oIeu persons porn within
,,.o .v % llVse sta'es' sucH
Id Tbat aycry .mcb citi, nv rn.io;
state has the rig6t IN suc and H. iiabio = bo ,ra;
in the federal courts, as citizen Of that state in
which he resides
lie did not believe the opinions Of the
Court on questions not legitimatev before
it to be binding. He believed however
that the Court has jurisdiction in this case :,
and maintained that, under the law Of
Missouri, bred Scott and his family were
free persons on their return to that State
There was nothing in history or in the Ian
guage of the Constitution which restraints
the power to make all needful rules and
regulations respecting the territory of the
United States, to such territory only as was
= owned by the United States at the time of
the adoption Of the Constitution. He was
not aware that such suggestion had ever
before been made. Four distinct acquisi-
tions Of territory have been made, and six
states formed upon them have been admitted
into the Union. Such a contracted con-
struction as that to which he referred was
inconsistent with the nature and purposes
OF the constitution, as expressed IN its Ian.
guage. lie would construe that clause of
the constitution thus Congress shall