New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-26


dation and citizenship thought that they often went to-
cohe But It DO with regard 70 races isem' 20 me
more gently with regard to Individuals And De
sht this there many sorrowf1 examples In the legs
aton and practice Of various in the Union to snow how
low the citizen may be degraded by the combined wisdom
and justice OF bis feowcirns In the early egson oil
number Of the States the nca humang punishmens were
against persons guilty Of certain crimes and mie
LASH the piory. the cropping Of tho ears and
The branding of,Ie face with injelble mark Of in'amy
And vet lower deph Ia several Of the States the common
punishment of tha OF vsssncy was sale INTO bondage
1t public auction And ye, have not read that such nno
Inmates thereby lost their natural born citizenship n0F'Ha
their descendants are doomed TO perpetual exclusion and
| degradation.
am inclined 20 think s. these objections s. to color and
ancestral race as. entirely from wrong conception OF the
nature ond qaae, Of citizenship end from the loose and I'M
guarded phraseoosy often used in the discussion Of the
subject have already given, a: some length my own views
ofhe word and the thngcitizenshp. And now viii add
oily few observations before dawiss your attention 70 Ger
sa authorities upon the uee. mostly relied upon ~ those
Who support the oijecionl
Ia my opinion Il great error, ard the fruitful parent OIL
errors to po.e citizens belong exclusively to rePnb
csuorms government English subjects are " truly c'
zsns =, We arc and truly subecs they are l'
pea France following iuperisl Romeo in the text Of le
law. ca !. her people cizeusfIe Cedo F,ansa' book j.
M ch l. and roie, And have treaty with tie pes
ont Emperor OF tie French spulang for reciprocal nights
IN favor Of the citizens Of the two countries respectively
i 90 STAT. p. 600, art. ~
M an error to suppose tina, czsnhp sever hereditary
It never passes by descent" Il Ia original In the child "
IL wss IA hi. parents II is always either born with him
given to HIN diIectl y law.
In discussing this subject It /, misleading error 10 fall 70
marx the natural and Characteristic distinction between pc,
zeal ris ,SaDd poitic powers, Tire former belong to ali
citizens tse AID coere in tie very and nature Of
ciia nlhp The latter tpartep In tho powers OF Gov
BY voting snd exercising oeel does not belong to
az citizens ske any citizen, merely in virtue ofcz"n
chip Ills power always De- end' sIraneous aets aid
supefalied qua c.loos which facts and qualifications s'o
n common 10 both citizens AID siiens
Ia referring t. authorities commonly adduced by those
who deny the czenshp Of coor-d people DO not pretend
to cite them ALL but only such believe to DO most
u,nnily relied upon. And viii no, trouble you with de
tailed examination Of the reasoning employed In eaeh case
for have srsady stated my views Of the priuc
PIES ard law, involved in the questions and where they eor
dict with the arguments upon which tie contrary opinion
founded s,i adhere to my
The fret CT these authorities OF which Will iroe' 10 the
opinion Of my rTedece,sor Mr. Witt upon c,e precisely
like the present. oIc. thu. in that the free person OF
coorr was N.rDan and tho objections to bis competency
founded mainly Ii no. entirely. upon V;Isini law
(see Opinions Of Attorney sGeners vol p SO, dse No
vcnher T. is2l) have examined this opinion with the
greater care because OF the writer's reputation for leaning
ard III. known and varied escsliencies So man.
In that the precise question whether free persons
OF color IN yirns cxeas Of the United States within
lie intent and meaning Il the scs reguiilng foreign aud
cosns trade 10 be qualified to command vessel" And
thu. M Wil in invited to consider the qnes
lion rather IN ,atal than national point Of view and
hence ought moi to DO 'u'psei TO hud the whole Tga
for the exclusion bassd upon Local institutions and stata
isw.
G,a yeusr,l 10 all seh arguments have this 10
10y; Every citizen Of the UEtsd states Is component
member Of tie nation with lights AMI duties uade tho Con
,.u:iou and laws ofihe United State. which be de-
.foysd abridged ~ tie laws any particular State The
laws tie sse they conflict with tie laws Of The nation
Of no force. II Constitution 10 plain beyoad csy upon
this point. ArceC: This Consultation. sHi the laws Of
the Tinted stAes which shall be made In purfusres thereof
and III trc.te. 10 shall be the law Of The land and
the irdses IL every STATE shall bs bound thereby any
thing n to Constitution laws OF any se 10 the crotrly
attending Ar IRON this tha, every person
who dTsn Of tho United Whistler by bifth
stimulation holds bis gree, snehiso Ly the liwssf The
Us-d siasi snd above the control o. any parcnl, State
Ciienrhp q the United State. 4 integral thing Inc'gab
legal e4snos In fractional pari Whoecr then Las that
ll1ehe whole citizen aud citizen Of tho whole nation,
sri be t.s the Augment Of learned r'iece'so
10 .sppo,e such citizen State and No. in
other
fay c,ncur In the ,ts.men. thu, tho description o
Of the United State. used in tho Constitution Ia,
tie meaning thA, e has in tho several set. Of Con
sio paced under Tie Authority Of the Cousti,uon' And
freely declare my Inability to conceive Of any second OF
ubofdins. meaning Of tie pLri'c used In all thoso
ns,fucnt- IL a-ns LA thou all ihe simple expression 4
the poc.l Of the poon IN connection with the
aon- that he member OF tho DC iy polite And tia. 10 al
means FOR does pceify his sh. ani duties citl
zen nor e. any way refer such lights privilege, and m
nunille. he may happen TO have by State laws other
wise and beyond what legally tnl naturally belong 10
him IN h, quality citizen Of the United States State laws
m.y and d. nay ng. vest 81 individuals great privileges
powers ard duties which do no. belong to the Of their
.eirsu. AMI Ia dolos they consult discretion and
convenience only One c1ou who happens TO be judge
may under pToTor circumstances. sentence another to be
hanged and ,hd, who happens to be governor may grant
pardon % the condemned man. Who, citizen 4 the
doubted peer Of both tie JUICE add tho governor As to the
objection tno, in sn su, sentiment only that ia negro car
b, citizen II the United stae'hc might, possibly become
Ps.iden tho legal inference true There would be such
legal possibility Bu, those who make that objection
arguing tue Coustt on f. bit upon what IN ih.ir
minds sol feeling they think It ought to be- Moreover
they forget tIA. oil limitations upon eligibility
of les, restriction, upon the rshs Of sspsns than
upoa the powers II electors Even the Legislature Of tie
Safe however unauinous have power to ,oud to the
cnss ofhs Omitted States th-lS wise S best man. unless
he be thirty yes, Old, And all the peop, o. the nation
speaking with united voice, cannot, consnti0ualiy
make any President who happen. BE- under thirty
Til, g. obviously srs. on upon the appointing power
,hst H. "a our popular Government Testieon upon the
people themselves A individuals may lao Il dislike
aud al,er ourselves into the belief th,; coald make
wiser and better frame Of Government than fathers ado
SIN Il &. Constitution binding npoa and upon every
c.fen irlin the moment of birth or naturalization
Tho Cor i.atlon suppose, what aud does
wis, doe, not say. II says nothing about the
high chrac,sr,te privilege, OF citizen tho state to
Virginia any o.herl. 10 not know whs, they were bg.
certainly In Virginia, or the Af' talf Of the eI,cnce OF the