New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-12-26
NETWORK DAILY TRIBUNE FRIDAY DECEMBER 90. 1861


aud aliens who had dsclsrsd intention to become citizens
cordsg 10 the urszstion laws Mr. Legse ofopnion
that free coorod competent to preemp tbs land
In that opinion Mr.. Lesars makes jus. diiucton
between political and civil rights which, believe 10
mon to most nations The French code expresses very
plainly thus exercise des droit, cvls est lid pendant
de Is quse do eyen squee sscquiers ct no 20 con-
serve que conformem la loi constu,ionene"
The next authority shall consider Is decision Of tho De-
parment Of State made IN Mr. Maicys ms Nov 1876 and
evidenced by letter Of that dse from Mr. Thomas Assistant
Secretary to Mr. Rice OF New York That decision Is en-
titled great consideration because upon such political qucs
sons he Secretary se Is of high authority The ci'e w''
an application for passports travs In foreign parts In favor
Of certain free blacks Of tho Northern States and the
time few mons afer the passage of the act of August
10 1886 nhe directing tho 'ung Of passports to ind
vduas and restricting citizens OF the United States
though the practice /. much older.
The letter after staips tie declares emphssy that
Il" this be IT, ey be negroes) there eau be no doubt
that they citizens Of the United States" II ih' stood
alone ere could be doubt o. the opinion Of the Depart
mont at that time. But it does not stand alone. The letter.
after citing several snthoritie aud anon: them one rom
Tennessee which will have occasion 10 refer by name con-
clucs with this which leaves some doubt
as to wha, tho res, practical opinion Of Nh Secretary
Marcy at ,ha, time. The letter assuming that passport
Such being the construction Of the Con'1tlon in regard
{. free persons Of color 1, conceived that they be
rerlried when beyond tie aisdc ion ofh Government
entitled the f tights Of citizens but The Secretary direct,
say that though the department could not certify that
such persons citizens of the United States yet satisfied Of
the Truth Of the facts 1: would give certificate that they
were born ia the United Ssstes free, ard that
TIE Government thereof would regard It to be IT'S
du'y protect them II wrorsd by foreign Government
Will. within rs iur,1con or legal and proper purpose"
7. seems that tire certificate proposed to be given
woul be IN substance and fart good sport for the &C. Of
Congress prescteS 10 form for the passport and requires
particular fact appear upon its face And confidently
believe that there is no, Government 10 Europe which 10
Wow Of our OF citizenship would question the validity
ofa passport which declares upon It's face that the bssre is
free natural born i1habi,sn. of the United States.
turn now to tho consideration OF the Tennessee
ease referred and relied upon In the Letter from the
State Department, the State Of Tennessee Ambrose
Il Meiys r., 1911. ajjudsed ia 1853. Ambrose. being
zee resro ,msncps,sd in Kentucky, moved TO and
settled in Touneee He indicted for Tho, crime against
the Tenueee atue made prevent the ngess Of that or,
people lie demued to the indictment upon the ground
that lie citizen of Kentucky and such had right
de the Constitution Of the United States ta T. y to 70
abide Ia Tennessee in spite OF the State statute The
Cour, IN which the lndcen, found sustained the de-
The public prosecutor took the to the su
pTeme Court whers the judsmen, below reversed and
was held by the Court that Ambrose under the circumstance,
could no, be citizen Of Kentucky and hefore could not
claim tie protection Of the National Constitution sg,nst
the Tennessee statute.
nul trouble you with few remarks upon certain pas
ssf. IN the opinion Of Court which constitute the faunis
ton OF the Judgment and without which tie judgment itself
having eg bas' rest upon, ought not to have
authority Is precedent.
The Court after stating the aud citing from the Cons
tuition Tart T. ~ the citizens Of each state shall be
titled all the privileges snd lmmur,es Of citizen, in the
several States. proceeds. the citizens here spoken OF says
the Supreme Court Of ,nnesee these who entitled
all the privileges aud innuries Of eitIzens' Bn, re.
negroes by whatever sppeslion call thcu 10
any ofhe States entitled to al tue privileges and nm e,
Of citizens end consequently not intended 70 be In
cludei when this wori W., used in tie constction.7
In ih, coon,y" Continue, the Cont. under TIE free
government created the Constituo1 whose snguso
e1poundDg. tho humbes, white citizen eniei I'll
the privilege, aud nnuBes which the most exalted
enjoy. Hence In speaking Of the ri sh which citizen Of
state shs ENJOY Ia every other State. applicable TO
vho it !. very properly said that he should be entitled
a the privileges and immuuie Of citizens in each other
state Tho meaning Of the language IS tina, privilege
oSed by or immunity SLOWED TO- tie favored class VI
said shall BE- withheld ZION. citizen Of any
other State. How be said lhs: ho enjoys a.. the py
lese' when he I, scarcely allowed snsle Figh. In common
with the Of the citizens Of th~S,ael
II canroi De sud therefore either the free negro ia no.
citizen H. the sense Of the Coosi,uion Or n citizen lac T.
entitled 10 all the privilege, and inisunes Of the
favored class Of cz m. Bu, this latter consequence will be
eonended foT by II nus, then follow tina, they
a 81 citizens"
Thee tho foundation. OF the judgment In the Ct
Ambrose snd not only that bu. almost every ar case
which h,vo had occasion examine good deal OF what
have slrssdy said is strictly applicable hero. and in tying to
show the scy Of tho reasoning Of the Court Ia Tennessee
must take the risk ofs,sne needless repetition.
The leading thought. ha, indeed which TO hsve
p.ed the judgment sslps. Aobross IT, in my opinion
NAKED pon no. supported by any word Of written law
manisnable by logical argument IL Il assumed ,hat
person to be citizen at alt mus, have all the rights pr
sg., aud immunles which tie mos, fvored enjoys, all
Of the most favored ~ss OF citizens Nov. Il there be
.raies and classes Of citizens (which not exactly
willing aduiD Il would that there b. something
dug i,h tho grades difference in the hts pgiyi
o1ss aud inmuni!es OF the different classes Aud yet the
Cout. while asserting tie existence Of different classes Of clt
also their oquiy by Declaring that the hum
bles, wheciz-n Is euitei TO all the privileges aud i'm
nuni,les which the most eIsei Que enoys" Then what
mark. the difference Of ce.i BY what line can We sepa
n,s humility from sYsis,iOn spilled to c!ilfeni
In fact IL TO that tho ditculiles viii IA surround
the subject are artificial created by the hab,usl corfoundn
u things d IN their nataro and origin and by tho per
.t,n, abuss " language. No Distinction is drawn bewoou
the ishis sni duties Of citizen srd hs rights and
lu,ie, member Of society without regard to hi, czen
ship Tho hrsl political meieytAe last civil and social
only. Aud tho words sha privileges immunitIes aba
,ivey used al, n they anonymous The word hts IS
generic. common embracing whatever my he lawfully
claimed Privilege. special rights belonging to the ndi
yidu. csss and not to The Immuniies rights Of
yeup;iou oalyfssedOIn om what otherwise would be
M OBJ. cation burden. nor Instance tho Consultation OF
Tennessee (a y declares tha, oil ce Of color
shall be exempt from military duty in lin, Of peace aud also
's0m pssing free pclltax." Til. IS an immunity.
Bu, Wheeler there bc be not grades aud ca.se,
VI c..xens. higher lower more or less favored Is
holly iumslersl 10 this qrest ION For the Consil.u