The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-08-21
Opinion of the s. J. Court.


The undersigned, Justices of the SUI
premc Judicial Court, respectfully present
ticir opinion in answer to the lnterroga-
tory addressed to them by the order OF
the Senate under date OF March 2G, lsa .
The interrogatory, as propounded, Is
very comprehensive in Its terms, and III
,ludes free colored persons, OF African
descent, having residence established IN
,omc town in this State, for the term OF
three months next preceding any elec-
Iion." Sc, whether such persons are men,
women. children, paupers. persons under
guardianship, or unnaturallzed foreign
ers.
presuming it to have been the inten-
ton of the Senate to coniine the inquiry
o tree colored male persons OF African
descent, who are 2l years OF age and up
wards. and who are possessed OF the 9th:
er qualifications requisite to constitute
a white citizen voter,wc will proceed To
answer. =,
Artist, of the constitution of Maine,
provides that rS
:. Every male citizen OF the United States,
ut the are of twenty-One years ana up
wards, excepting paupers, persons under
guardianship, aud indians not taxed, nav
IN, his residences established IN this State
for the term of three months next preceding
nnv election, shall be un electOr for Govern
or, Senators and Representatives IN the town
OF plantation where his residence Is so es-
tabllshvd."
This raises for our consideration the
distinct question, whether free native born
colored persons, OF African descent, arc
recognized Us "citizens OF the United
States" in the above provision OF the con-
stitution. -.
The political status of that portion OF
the African race, in this country, which
!. NOT in a state OF slavery, has long been
matter of coutestation, not only among
politicians, but 10 some extentaISo among
codrts anL jurists.
Chancellor kEST, i'll Il note to the
257th page OF the second volume oil ms
Commentaries, (4th edltIon,) says: :,
.C,uzens, under our constitution and
I,U. mean tree Inhabitants born within the
United States, or naturallLed under tno laws
ul ,ungrvss. ia lave, born III tho ohi'eu
states b, InanumItled, or otherwise lawiui-
IA discharged from bOndage. or II black
,n,n IA, bpru Wi, hIu the Uulted States, anu
bIrn tree, nc becomes thencelOrward cili-
z,.n. but uuder such disabilities AS the laws
Of the States respectively may deem II expe,
dent To prescribe To Tree persons oi color.
This doctrine, though supported by
high judicial authority, is by no means
UNIVERSALLY admitted. Courts and jurlsts
OF high rcspectability and authority have
denied that negroes OF African descent,
whose ancestors were OF pure African
blood aud were brought into this coun-
try and sold as slaves, are or can become
citizens oil the United States, within the
meaning OF the constitution OF the United
States. This doctrine has recently been
maintained with much Zeal, and at great
b,nyth. in the case OF Dred Scott q. San
ford. 20 Howard's L. 5. K, 393. Sub
stantially the same doctrines have been
PROMULGATED in An,y q. Smith, | Littelrs
Ken. r. 333; State .. Claiborne, l M,igs'
Ten. Ii. 33l; Padleton q. State, l Eng.
Ark K. 500: Cooper q. the Mayor g
.Saunnah, I Geo. IS; and by DAeeErr,
c. ]. in Slater. CrunddH, in Connecti-
cut.
As to o. correctness of those decis-
ions. We express no opinion. Each must
stand rs own intrinsic merits, and they
will undoubtedly receive that degree OF
r,spec, TO which. as legal productions
they are justly entitled. They do not
however, affect the question now before us
Our present inquiry is confined to an
Interpretation OF the provision IN our own
constitution already cited, and the term
.citizen of the United States as used
therein.
Art. iv. 8 1. of the constitution of the
United States, provides that
..rhe citizens oi each State shall De en-
titled "a all privileges ami inndnities ot
citizens in the several States.
Our inquiry therefore extends not on.
ly to the rights OF free colorcd persons oi
iirican descent who were born within
this State, but also 10 the same class oi
persons who may have been born in 9th,
er States, but who may have become resi-
dcntsof this State.
Chief Justice TASEr, in the opinion OF
the majority OF the court in the case OF
Dnd Scott .. Sanford, cited above, lays
down the following propositions rs to
citizenship OF the United States:
Rawle in his commentaries, says;
lii is true every pe,son. and every class
and description of psrsons, who were at the
time of the Adoption OF the constitution,
rN,rnized rs citizens in the several States,
le,.,ne also oirlzcus of this new political
body but none other il was formed by
:. ......r d.. l.. .-. r.l sa ftHl