New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-04-08
THE SHAREHOLDERS DECISION

~ T.
SIR: Idtsire TO call your attention, and that OF the
public generally, to most important fact bearing on
the leading question involved in the case Of bred
Scott which eppesrs to have escaped the notice both
Of the majority and minority Of the Court.
The statement will require partial reorganization Of
some of the facts get forth in Judge Curss decision
II will be recoected that the clause in our Consitu.
ton declaring that "The citizens OF each State shall
be entitled to all privileges and mmunities OF citizens
in the several Sates" took the place. without es-
septlal charge of meaning of intended operation OF
similar provision contained in article Nv. OF the Ar
tcles of Confederation The leading end operative
clause in that article The free lnhaDltaos OF
each ofthese States psupers vsgaooods ana iuglves
fom Justice excepted shall be entitled TO all privl.
"leges and nmunities of free citizens in the several
States" Under the comprehensive term free IN
bsbapts there could be- Of course, no d0uot IN tue
free people OF color would obtain equally with all otner
classes df the free population full guaranty OF the
rights of citizenship in the several States. Ii Is no,
surprising that this provision should have been os
tasteful 70 South Carolina and Georgia, at thai tme
before during the discussion OF the Decsration OF
Independence, and afterward in the Federal Convsn
tor of 1877 the only States which defended Slavery a.
permanent institution Accordingly on the ia
OF June l778 the Articles being sgan under consider
sion after having been submitted to ths Stafe Legn
laures the delegates from South Carolina under IN.
sructions from their Legislature, moved TO amend the
proposed Article Nv. by inserting the word :" white,
90 tb a. the paragraph should read: The free oate
"phabtants of each Of these States instead Of simply
1.-THE FIRE inhabitants" which motion was nceattred,
South Carolina and Georgia alone voting Ia the afr-
native, and the vote of Virginia being divided.
The Articles of Confederation thus adopted In Con-
gress, did not nevertheless become the law OF the
land until ISL the Stste of Mar, having until that
year withheld its ratification. But in the mean tine
he Legislature of Virginia at its May Session in 79
sought TO give partial effect within the limits OF that
State TO the Article in question, by incorporating In
lottb ms rin1 hnU fba
restrictive word white" which had been rejected in
Congress II was enacted. that " The free phite In
"hstsns of every Of the States parties TO the Amer
"csn Conf.deracy tpaupers, vegabonds and fugiives
from justice eIcepteo shall be entitled TO all priv
leges and immuDities of free citizens in this Com
mobwesltb &c. the same las also declaring that
GAN free rhte perors, born within the territories OF
"bs Comm onwealth, shall be deemed citizens OF THE
Commonwealth See Henlpgs Statutes at Large,
Vol. X, PIP. 100, 1907
The passage OF this law was step backward, and
msDifest exception to the ceurse of Virgins legs-
lstion during the Revolutionary era Two years 90
fore in An Act for requesting and dscipiiang tns
militia" Statutes at Large Vol. TX p 267 u IN
been enacted that for forming the ctiiSens OF In
Commonwealth into militia ali free male PEI s1os
BETWEEN the sges Of sixteen and sixty oy
the conmar ding officer OF the county IN Mu'u ~
"resice, be enrolled or formed into co Dpsniss |
free mulsttces in said companies or osttaoIs 20 90
emp oy ed drummers ers, and pioneeiSo 600.
Subsequent provision was msde same 80 , -,
enllstng free Degroe. for actpa selVUe. ;. g. u, &C.
equally comprehensive they, in common ~itn anne
shove the be under
lequec 70 ,sSo ,Sss allegiance and protection
are reciprocal Same, p. 2Sll. ..,. ,..
nut .f @ ~ ces Of revelation by forestaI
ire .DS defeating an important provision Of the Ar
ces Of Union, did not long dgrace The staute book Of
and 1.-THE privileges and imnunitis, Of citizens 70
free white" nsrves of the State and " free white"
ah;t.rts Of other States in 1888 REPEALED and
in II, place was substituted an ensctmeat That all
fr,e tcr,on,, born within the territory Of this Com
"monxealtb, SHALL BE DEEMED CITIZENS of this
"Comuonw eelih." Statutes ct Lsrge, Vol. XI., p.
324j And this law stood unchanged, through each
succesSve revision Of the statutes down % the year
is26 in which year, on the 9Th Of January, it WA
finally repesled.
II thus appears that when the Constitution was
framed the free colored people OF Virginia we're, BY
express enactment, CITIZENS OF THAT STATE, and,
like those CT Massachusetts North Carolina and other'
termed recognized constituent porfoo of the people
"of the United Ststes," who with the ntent " to Sc
e2re the blessings Of liberty to themselves and TIER