The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-01-24


A"Barrister, writing to the London Ne,cs says:
Ibeg to forward to you correspondence which has re-
Gently taken place between Miss p. Remond a. free
born American lady Of color with whom have the honor
TO be acquainted and Mr. Dallas the American Minister
in this country. add copy Of her passport You viii
observe that visa 70 Miss Remonds passport refused
by the american Minister on the sole ground that she is
No 8 GsxsanIE STREET, BRUNSWICK ssuARE, W. C.,l
SRI beg to inform you that short time since weaG
to the Office Of the American embassy have my
ysaea FOR Tsancs shoqld remark ;ha! my passport
signed by the Minister in due FORM It sates--what
is The fqot-,hat ! am citizen Of the United
American embassy, the person in the Office refused
Color Being citizen of the United States respectfully
demand as my right that passport 30 ysaed by the
nnsiter Of my country As am DESTROYS Of starting for
the continent, must request at your earliest
'0' SARAH p p RsMoND.
place.
LEcApIoS UNrRD srAres,(
LONDON, Dec. IA, 1859.
am directed by the Minister acknowledge the receipt
OF your note Of the l2sh inst aad tesay reply he
respective Of color extraction should think him frvo
lousy disposed to withhold from them facilities in his
power to grant for travelling on the continent Of Europe
but when the indispensable qualifications for an American
passport-that Of the "Unted States ctizanshp-doea
not exist when, indeed it is manfesily an imposslbity
by law that should exist just sense Of his Official o0
cations under instructions received from goyernent
long ago the 9Th Of July 1856 and since then strict
Miss Sarah p. Remond cannot be compiled with. RA-
specuuly, your sbedent servant BENZ. MORAN,
Assistant Secretary Of Legation.
SRI have the honor TO acknowledge the receipt Of
your letter Of yesterdays date The purpor. of your
communication is most extraordinary. YoG now lay
down the rule that free born in the United States
and who have been subjected all their lives to the taxa
ton and other burdens imposed upon American citzens
are to be deprived Of their rights SUCH merely because
M hey IA
be refused the aid of the Ministers Of their country
%a0ss salaries they contribute to Pay Tem.
!, the undersigned Secretary Of State Of the United
Germ permit safely and freely to pass Sarah Re-
mond citizen of the United States and in case of need
to give her all lawful aid and protection
Given under hand and the impression Of mr. sea, Of
the Department Of State Of the City of Washington the
10th day OF September A. D. 1858, 10 the SD year Of tina
ihq n o. these United States. LEWIS CASS
LETTER OF Mr.. MARCY REFUSING PASSPORTS TO
MEN OF COLOR.
DEPARTMENT os STATE,
WASHINGTON, Nov. 4, 1856
H. II. RicE, Eso., New York City
questng passports for eleven coored persons have been
received and directed by the Secretary to inform
you that the papers transmitted by you do not warrant
the Department in complying With your request
passport is certificate that the person to whom it s
granted is citizen Of the United States and il can only
be issued upon proof Of this fact In the papers which
accompany your communication there not satisfactory
evidence that the persons for whom you request
ports are Of this description They are represented In
your letter as "colored and described in the aday;ts
as "black," from which statements it may be fairly in
ferred that they negroes If this so there can be
no doubt that they not citizens Of the United States
The question whether free negroes are such citizs ia
not now presented for the first time but has
arisen in the administration Of both the national and State
governments In 1921 controversy arose as TO whether
free persons of color citizens Of the United States
within the intent and meaning Of the acts of Congress
regulating foreign and coasing trade, be dqua
ned TO command vessels and Mr.. Writ Attorney Gene.
raj decided that they were not and he moreover held
that the words 'citzcn Of the United States were used
in the acts of Congress in the as in the const
tuition This view is also fully sustained in recent
opinion of the present Attorney General
The judicial decisions OF the country ARE TO the same
effect In Kepts Commentaries vol H., p. 81, IL is
stated that in 1893 Chief Justice Dagget Of Connecticut.
held that free blacks citizens within the mean
ing of the term used in the constitution Of the Unted
States and the Supreme Court of Tennessee in the case
OF the State against Claiborn held the same doctrine
Such being the construction of the constitution in regard
to free persons Of color is conceived that they
be regarded when beyond the jurisdiction Of this govern
ment entitled to the full rights Of citizens but the
Secretary directs TO say that though the Department
could not certify that such persons citizens Of the
United States yet II satisfied OF the truth of the facts,
would give certificate that they born In the United
States and free and that the government thereof would
regard TO be its duty TO protect them II wronged by
foreign government while within its jurisdiction for ega,
and proper purpose.
am, cir, respectfully, your obedisnt servant,
J.. A. THOMAS. Assistant Secretary.