New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-26
Opinion Of Attorney General Bates on Cifi-
xenshfp.
ArronyKY. OExERAI's OYFIoS, November ~, %


R,n 8. P. CHASE Secretary efn 7r'a'uTr;
SIR: Some time ago l had the boaor to receive
your letter submitting my opinion the question whether
or not ers1 men can Re citizens OF the United States Inc
urr.ncy Of other unavoidable engagements and the great i
portance Of tho Que sion itself have caused me 70 ae'y @
answer until now
Your letter states tina. the schooner Elizabeth and Maiga
ret ofNcw Brunswick detained by the rsveDuo cutie. AZ
ger Of South Amboy, NewJe1sey because COMMANDED "
'coored msn ard by persoa not eit1eh Oh INC "Ho
s,,,. A coIor.a n,ser, are numerous In coasiins
trade ubr for yon opinion the question suggested oy
Captain Matte o,the Tiger Are e0oree men citizens Of the
United States, and therefore cOmpstento command American
ve"elsl"
Tn. ouss.lon would have been clearly stated IT, In
stead Of saving cooIed citizens had been said can
coo-ei mel citizens of the United States for within our
borders and upon ships both of and of commerce.
there iaay colorel mep and white also, wko not
citizens Of ,he United States In isarg The subject shall
sndeavor your question Imported only this
legally incspactsed TO be citizen Of the United
States b. the sole fact that lie cOored and moi White
riAn
Wheka oitzen7 Whist constitutes citizen OF the United
States have often been panied By the ffuess esre in
books and the records Of courts for clear ard
satisfactory definition Of the phrase citizen OF the United
States had such definition authoritative establish
Of TIE nearing Of the phrase neither by coarse Of
judicial decision in courts nor By the continued Az con-
government For ought see 10 the contrary thesubee' ia
now n, little unssr.tood in lis details elements and the
question open srgu and 10 speculative criticism 90
1, The beginning Of the Government Eighty yens
practical enjoyment Ut citizenship undes tire Constitution
have hot ed teach either the exact meang OF the
word the constituent elements Of the thing We prize 50
hlshly.
L. Instances within my knowledge In which the mat
tie citizenship has been discussed the argument has not
TUNED III OF tie existence ad tie iatTusc qualities Of c
zes:hp ITSELF but upon the claim o. right privilege a.
tonsu. uheiiur in the character OF c;tizen In this
way easily LED into both of fact aud principle
wo see Individuals who to be citizens in the &c
M enjoyment certain rights and privileges and in the ac
tus exercise Of csIain powers social and political and
incondiscy sad without any regard to legal and osica
Consequence attribute those individuals snd oil Of her
ess the oyrsnt Of chose rights aud privileges, and the ex
scis those powers Incidents THEN citizenship and be-
iorgirs to them only in their iality Of citizens
In such often happens that the rights enjoyed
aud tho powers exercised have Iea.isn whste'er
10 lie quality of CT izen, and might DO ca perfectly
enjoyed sEl exercised by known sens For instance Gen
Bernard distinguished soldier snd devoted citizen Of
France, Tor long time filed he Office of general 81
uecr 10 She service Of the United Safes all the time
Ing his French c1snce. and fact closing his relation
with the United States by ro1gnins hi. commission and
Thinning the service Of his native cauutIy This and
q. such instances (rd they meny) 60 10 Prove thai II
h.s eoy the legal capacity to hold Office is not confined
citizens therefore tst the fact OF holding any Office 70
which citizenship ecisly prescribed by law qua
iaca,ion Is no proof ueimben; Is American citizen
Agsn with regard to the night Of suffrage that IT, the nigh
to choose officers government. there il very common
error the effect that the Tigt vote for pub officers
Of the constituent ents Of American citizenship th
iesdin faculty indeed Of the citizen, the test at Of TIL
iegl night aud the sufficient proof of his membership Of th
body polite. No be greater than tbis and few
luxurious to the right understanding Of cur Constitution
nd he Of orr /
only IN law OF In fact IN prciis in practice
but Che is conpicuousy tIue or mako bed (,
affirm that, viewing the nation whole or viewing tic
States separately there district the nation which
moIity Of the known End osnzei citizens not
eiuded by Aw from the GIT Of saatsye Beside those who
excudi specially tccoant Of personal select,
zach pauPeT idiots unscs and convicted Of infs
crimes and in States, soldiers al feinses and
I'll minor males also excluded And these in every
nunity make the majority and yet think, ore wll
senigre 10 deny that and children and lunsc aud
even convict ons may be citizens Of the United States
Our code (uulike ihe codes Of france, aud perhaps
other psons) provision for loss l.l deTrva
ton Of citizenship. Once citizen whether datus
Sir Ejw-d Coke expresses it, always ciize9, unless
changed BY the vodOn and Of the individual Neither
infancy nsdnes cns take away from tie sub
lee. the quality of citizen And laws do in express
terms. declare aid children to be citizens. See.
Tor oEs iasipaeo The sc, Of Coz sre Feb 10 1885, 10 Stat
co.
Tie Constitution Of the United State, does not declare who
and who NO. citizens does attempt describe
the constituent elements Of citizenship II leaves quail
y whore found IT, resting upon the feet of home birth aud
opon the laws Of the several Even important
matter Of siectins Members lCOrgre, does than
Pevds that the House Of representatives. shall 10 compoaeJ
member chosen every second year by the people Of the
several Ssles and the electors IL the several States shs lave
The qualifications requisite for the electors Of the nuier
branch Of the State Lee aiae Here tie word citizen
A Of t.
swys and pubci,s that the constitutions Of several Of the
States m specifying the qualifications oelectoTs do altogether
omit md exclude the word citizen and etasnshp VIII
Ter, In prsof to but three instances.
Tie Constitution Of Massachusetts, sd pied 10 l7798O
sree objection B. chapter J. provides as foow,: Every
male person being twenty years and resident Of
particular town In this ealih FOR the space CT
year preceding having freehold estate within the
town tie sunua income OF three pognes estate
the Inc Of sixty pounds s$ave the IN choice
ofTepfessatstive or Representatives. for ,,id town"
Tie Constitution Of North Carolina sloped in 1870 after
biz Of rig,ns aud af.er rscDg that whereas allegiance
ard protection In their nature reciprocal sd the
should Of tight be rsused when the other 10 withdrawn
declares. section thai az he-men at the age Of TWEEN.
tyoue yea who haze been inhabszts Of suy County
within State twelve months ln sdssy preceding the day
efapy election AID 'ha have psli 9ubc xe shall be eB
tod to vote f,r members Of tue Hegie Of Commons Tex the
Coanty IN which he rs.idcs."
The Constitution Of Illinois, adopted in 1919 in aftlclc
section u, cecefcs that IL eli elections all white male
rhsbtsLts above the u tren,yons yess having
lido, IN the Stale tx oasns next pFeeds the election,
,hs eoy the rish. CT .!ecor bat Iha be el
tied except Il the county ds.h. in which he shall
scpal!y reside e. the sine Of ,h, election"
Thsss hsee cengtlops belong States widely separated
,p geographical san. varying greatly nom each other In
habs manner, snl p.f'Us having different climates, soils,
prodrc.ions sn1 dcHe,ie .sti,G ions sDd vet