The Washington union., 1857-06-04

having negro blood in his veins Notwithstand;no
what policy may dictate to the struggling partisan
nowhere, nor at any time, do the whites, who franz
and control institutions, treat the blacks as ie
low-citzens or equals.
Bnt it is not the present state of things to which
we are to look, but to those which existed when n.
constitution was framed TO determine the true mean
ing of the word citizen. The colonies had been SET
tied and exclusively governed by white men, They
held all the official stations were the officers and sal
diers of the revolution, and the men who supplied
the means which the exigency demanded In every
State slavery existed, and those who controlled pub
lie affairs were owners. The number of slayo.
was small and the free blacks trfng and they ranL
ing everywhere quite as low the bondsmen and sul
ject to restraints and legal disabilities everywher.
Wherever found on the habitable globe, out of Ar.
ca, land extensively there negroes were unversanv
slaves, or servile, degraded caste, nowhere being
on an equality with the whites, having the priv.
leges usually enjoyed by citizens These things werO
within the vision of the trainers of the constitution
and it would be SANDER upon their memories tosay
that they did not and appreciate them; and i
they did So it would be absurd to contend that tba
that this class should be citizens Of s
United States, ranking with themselves and their
constituents They drew no line of distinction be.
tween the slave and his manumtted brother, nor did
they empower the States or any tribunal to do 40
Those who appreciate the temper and spirit of the
delegates from the leading slave States will never
believe that they Intentionally assented to elevate
49,. ..ll II. Al
the same race. The constitution, by the word I. cd.
zen,' intended free che persons natiue-bor or na,u
ralised and such was the meaning universally ac.
corded to it by the whole country for more than half
a century after its adoption. 1t was understood
in Congress- in enactng the naturalization laws when
it confined their operation to white citizens.
Feeling the force Of these considerations the pl,m.
tifs counsel insisted that the citizenship whc con
fers jurisdiction that which might be conferred
by the several States and to establish tnis assumD.
tion reference was made to these word found in hs
constitution
"The citizens of each State shall be entitled to all
privileges and mmunties of citizens Of the several
States.
This section is declaratory, and confers no power
upon the States. It does not authorize
them to confer the franchise of .ctizen of the Uni
ted States" No act necessary to confer it upon
the natural born, because that is their birthrigh
Why the national government should reserve the ex
elusive right Of comforting citizenship by naturaiza
tion and leave to the States the right of conferng
that franchise on whom they pleased, is wholly un
explained. Its preposterousness has hitherto pre-
vented the attempt This provision was intended as
a declaration that citizen Of the United States
should be citizen in each of the States, and should
enjoy the privileges and immunites which such citi
zenship should confer. He would be eligible to the
presidency and Senate, and to a seat in the House
and to every position open to citizen. In relation
to those duties, employments, and privileges which
Congress commits to- or confers upon, citizens alone
the States not at liberty to interfere and impose
restrictions or take them away When Congress- says
that American ship shall be commanded by .'ci.
zen it means citizen of the United States and no
State law can confer upon slave or free negro cit
zenship which would authorize him to command such
vessel. This section should be construed as if it
read the citizens of the United States in each State
shall be entitled to all privileges and immntes of
citizens of the United States in the several States"
1t relates exclusively to citizens of the United States
and not to those whom the several States may declare
citizens within their limits Citizenship Of the Uni
ted States is the same throughout the confederacy
while the citizenship of State is local, and de-
pendent upon the will Of the State ITSELF Ii it
can confer citizenship, so as to give jurisdiction
to the courts, it do So for all other purposes
under the constitution. It may confer it upon In
dian a free black, and even upon slave, because,
if the State has this power it is unlimited. II il
can confer, it may refuse citizenship; and in tho
latter it might by refusing to confer citizenship
deprive the national courts Of jurisdiction per
sons residing within it's limits when it depends upon
unless such jurisdiction appertains to
citizens Of the United States instead of citizens made
such under the laws of State
g Citizens of the United States" are entitled to
those privileges and immunities which the constr
tuition and valid laws of Congress- confer, This in
cludes suing in the circuit court in proper cases.
Simple citizenship of State, by ITSELF coners none;
but State constitutions and laws confer such priv
leges and immunities within their territory as
their authors see fit, when not prohibited by the
constitution including voting and being voted for,
whether constituted State citizens or not. Tho
largest liberty and greatest privileges may be enjoyed
in State when neither its constitution nor laws con-
tains the word citizen" and the least liberty and
fewest priyilepes may he allowed where both