Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-01-03
RIGHTS OF CITIZENSHIP.
forever.

We have received, in pamphlet form, copy Of
the opinion pronounced by Mr.. Attorney General
BATES in answer to the question whether !" a man
is legally ncapacitated to be citizen of the Uni
ted States by the sole fact that he is co'ored and
not white man."
This question arose under our navigation laws,
and was propounded to the Attorney General by the
Secretary of the Treasury under the following cir
cumstauces: A schooner Of New Brunswick (N.J.)
was detained by revenue cutter of the Govern
ment at South Amboy, in that State, because COM
manded by colored man., and so by a person
not held and deemed "a citizen Of the United
States" Mr.. CHASE, therefore, submitted the In
quiry raised by the commander Of the revenue cut
ter, whether "colorcd men" may be citizens of the
United States, and therefore competent to be the
masters Of vessels under the navigation laws regu
lating our coasting trade.
Pretermitting any response to the question whe-
ther it is legally possible for slave to be citizen
Of the United States, as not coming within tie
scope Of the inquiry raised by the case in hand,
the distinguished law officer of the Government
proceeds with great acumen aud logical discrmi-
nation to di.cuss the essential nature and intrinsic
quality Of citizenship. Drawing line of de-
nnarcation between the political powers and prVi-
lepes secured to certain classes of citizens and the
fundamental quality of citizenship regarded in its
pure and simple essence, lie arrives at the conclu
sion that free man Of color, il born in the Uni
ted States, is citizen Of the United States, and
il otherwise qualified is competent under the acts
of Congress, to be the master Of vessel engaged
in the coasting trade"
Mr.. Bates holds that "every person born in this
country is at the moment of birth prinla tdcie a
citizen" To disprove this citizenship " some
great Acknowledgement must be shown to override
the (" natural born" claim Voting and holding
Office not tests of citizenship, nor do they ne
ccssarily accompany it. Female and juvenile citi-
zens are not voters and the spectacle has been pre-
sented Of. person holding Office while professirg 6
fossign allegiance. Mr.. Bates cites the case of
Cen. Bernard, who for long time held tho Office
u General Of Engineers in our military service,
Ind who all the time avowed his French allegiance.
The Constitution ordairs nothing in regard to
color, race, or condition, as the terms of citizen
ship It admits Of no class cf people intermediate
Nhetween aliens and citizers. We have no "deni-
AnsD in the sense that that term is employed in
the English law. Attorney General Legare did in
deed sppy that term free colored persons, 10 an
opinion in which he reached the conclusion that
ga free colored man, a native Of this country,
could pre-empt land under the act of September,
lS4l, which act declares that pre-emptioner must
be . citizen Of the United State, or one who has
declared his intention to be such
Mr. Bates proceeds, in the course Of his argu-
ment, to review other decisions bearing the sub
ject, and gives to the whole. topic the fullest and
most critical discussion it has ever received in the
history Of our Jurisprudence
We shall take the earliest available opportunity
to lay the opinion at length before our readers
when We may accompany it with an analysis Of ii
contents and an appreciation Of its conclusions.