Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-03-27
ARE NEGROES CITIZENS?
"a cr, ,hs r,I,owiu,, from the ALBANY Argus

We cut the following from the Albany Argus
WILLIAM WIRr's OrISioS-When and by whom
was the doctrine that colored men are not citizens,
first officially decided Not during the present month
by the Suprcn. Court in Dred Scots case. Not i'll
1888 by the Supreme Court ot Tennessee, in the case
of The State rs. Lovelace. Nor irdecd III 1881 by
Chief Justice Dapget in Prudence Crandalls case.--
IL had al earlier origin. IL whs rst officially an
mouncrd by William Itirt in ISL, when Attorney
General of the United States; and lest the ALBANY
Evening" Journals recollection should be ut iau in
relation To that learned and distinguished Jurst and
Christian gentleman we add he is The same Wililan
Writ whom lie ErrAtng .jonrnm dlirr"n'dS, an iH'2
siYDrirdaSih anti. Masonic r@nd,fhe ior NE Prrs'
drnry! We proceed to state the views which MIR.
Writ put forth on this subject.
The navigation laws OF the United States required
that masters nj vessels should he catsehS. Unier
this statute question in the Treasury Depart
meni whether free negro OF Virginia WAS citizen
OF the United States, and therefore entitled 10 be
placed in command of a vessel. The point was re-
erred by the then Secretary of the treasury 10 the
Attorney General of the United States, in tho follow
ing form whether free persons OF color are, IN
Virginia, citizens of the United States, within the
intent and meaning of tho acts regulating foreign
and ooasting trade, as TO be qualified TO command
vessels ~
To this query MIR. Writ gave an official reply in o
letter TO the Secretary Of the Treasury dated Noveln-
ber7, 1921, from which make the following ex-
| tracts:
"Looking to tue Constitution as the standard of
meaning, il seems very manifest that no person ID
included in the description Of citizens of tho United
States who has not tho full rights of citizen in the
State OF his residence. Among other proofs OF this,
il will he sufficient to advert 10 the constitutional
provision that the ctlaes Of each State shall be en-
titled to all the privileges and immunies of citizens
in the several States Now. if person born and
residing in Virginia, but possessing none of the high
characteristic provisions o citizen OF the State ls
nevertheless citizen Of Virginia, in the sense OF the
Constitution, them on Ills removal to another State,
he acquires ri! the immunties and privileges of II
citizen OF that State although he possessed noue OF
them in Tho State ui his nativity; q consequence
which certainly could not have been i'll the contem-
platun of the Convention. Again. the only quah
cation required by the Constitution To render per
eligible rs President Senator, or Representative
ui the Une,l States, is, that he sIa be Il 'ctzen al
the United States ri n given age and residence.-
Free negroes and mulatues satisfy the requlsI
tons ot age and residence well the white man;
aud If nativity residence, and alley lance comblned
lwithoul the rights and privileges of Il white man,
are sufficient 10 make him citizen Of the United
States in the of the Constitutions then ffee
megrnca and uulattoes eligible to those high Of
fees and may command the purse and sword of the
naiiun."
Mr.. Attorney General Writ after further discuss.
ing the subject states his conclusion in the following
words:
Upon the whole, | am of the opinion that free
persons uf color in Virginia are not citizens Of the
United States, within the intent and meaning Of the
acts regulating foreign and coasting trade, as to be
qualified to command vessels.
The Eastern (Manel Argus gives luter ilusra-
ton of this opinion in the action of the free State
who voted for the Topeka constitutions
"Moreover, the republicans themselves have very
recently endorsed the same doctrine rs applied in
Kansas The famous Topeka Constitution, for re-
tusng which the Democratic party in Congress came
in for large share Of abuse, expressly coners the
right of suffrage every civilized male Indian
who had adopted the habit of the white man. but
refuses that right to negrd0 or inuattoes."