Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1863-01-02
CAN CoLoRED MEN BE CITIZENS

The opinion of Attorney General Bates in
reference to the citizenship Of eolOred men, is
q clear statement and discussion Of the quail
i6cations Of citizenship generally. He holds
tha, the question as to what constitutes q
citizen Of the United States is not clearly
answered in our law books or court records
He finds no definition, no authoritative es-
tabIishment Of the meaning Of the phrase.
Ii is evident that the legal capacity to
bold Office is net confined to citizens, Gen.
Bernard, a distinguished soldier ard devoted
citizen of France, for long time filed the
office of general engireer in the service Of
the United States
Again with regard TO the right Of suffrage
that IS the right to choose officers of govern
ment. there is a very common error to the
effect that the right to vote for public oiheers
is one Of the constituent clements OF Ameri-
can citizenship. This IS not only not true
in law or fact, but the reverse Is c9nspicu-
ously true.
Besides paupers, idiots. 6e.. all minors
and fenalcs are excluded from this right, and
are vet esteemed citizens. Ii is then clear
that American citizenship does not necessari-
" depend upon, or eO-exist with the legal
capacity . E0lI ofice OF the right Of suffrage.
Tic CONSTITUTE n Of the United States does
not define the phrase under Consideration,
Tor d0c3 It declare who may vote or whJ
may hold 0lEcs, except in regard to = fen Of
the higLcs, national functi0naTiss. In the
opinion Of the Attorney General, the Con-
stitntion uses the w3rd citizen only to e1-
press the political quality Of the individual
in his rel atoms % the nation, to declare that
lie Is a member Of the body p1lltic. ' The
accident If birth" alone, is our title q ci,!-
zauship. lhe lGcr that We were born 10 ID
United States is the essential POINT IN 0uI
claim 10 Pc considered citizens. Pima facie,
then. every person born in the United States
l. a citizen OF cur Republic.
|. remains to consider facts which are
sometimes deemed 70 disqualiiy indiyidGlls
and ndlr them exceptions % this general
rulc.--that those native born are citizens.
Slavery, color and race, are eaeh urged as
affecting citizenship. The Attorney General
docs not discuss the first, because IL Is not in,
y5lv-d in the rar i.ular case which he is
considering. In regard - color he holds,
tlat those who make tins a disq qualification
DO 50 WHOLLY GA thcir own -spOnsibIiity IS
far a. the constitution is c1rcerngd, be pro-
n0unces it naked assumption to consider
& lEI NEl~ rs al cAsEfHLAll - Ltle EelIA
rule of citizenship.
/, -.ie-.,,.,. "a raca 10 rar,,rLs that our
= - - - 80 ,,,l;,;,.I d
government exists by written law. and mas
much as that lAw does not exclude persons Of
I African descent. and its terms are mlniie-t-
| lv broad IN n,rrh t1 include them, it follows
inevitably THAI such persons born in tie
V'".i1 ms -
African descent 'e s0 lnooui ---D'' VIZ" ''iA'
I ~ cItZ lSnp lllt lHe Two ctunlt eN.sl
/ .11-tier. II .cv en- exist Iu rIturc and
| r..-In. they Do clexist in u.1slus # tL, in
[ f..,+sI .t.-. FIR tta-. is NJ law % t'.s c..-
- A.. ... ,,,--, ~, a., .,...,-i is-.
/ l.-ii % h''V' '-l"-l '.-7 'H' 'i' VIZ
/ African descent 1rl ci-Z,l,uip-
H. refers tJ the S.1.t dee sion es follows
/ Fu.I!r. ras cl-ars,-I ease of S-.tt rs. 1-
7 ford. Do li.s.-Ir Report, 593. IS a.ue.imr cite.
-s direct .arity azaiast tae cap.ci-y ct free
rsfza- ,l O.. . % be- citizens q tl. tlit-I states.