History of the Negro Race in America from 1619 to 1880. Vol. 2: Negroes as Slaves, as Soldiers, and as CitizensWilliams, George Washington
History
History of the Negro Race in America from 1619 to 1880. Vol. 2: Negroes as Slaves, as Soldiers, and as Citizens
Williams, George Washington
African Americans -- History; Liberia; Sierra Leone
Article iv., Section 2, of the Constitution of the United States says:
"The citizens of each State shall be entitled to all privileges and
immunities of citizens in the several States." The question as to
whether free Negroes were included in the above was discussed at great
length in the Dred Scott case, where Chief-Justice Taney took the
ground that a Negro was not a citizen under the fourth article of the
Constitution. But the fourth article of the Articles of Confederation
[1778] recognized free Negroes as citizens. It is given here:
"ART. 4.--The better to secure and perpetuate mutual friendship
and intercourse among the people of the different States in this
Union, the free inhabitants of each of these States--paupers,
vagabonds, and fugitives from justice excepted--shall be entitled
to all privileges and immunities of free citizens in the several
States; and the people of each State shall have free ingress and
regress to and from any other State, and shall enjoy therein all
the privileges of trade and commerce, subject to the same duties,
impositions, and restrictions as the inhabitants thereof,
respectively; provided that such restrictions shall not extend so
far as to prevent the removal of property imported into any
State, from any other State, of which the owner is an inhabitant;
provided, also, that no imposition, duty, or restriction shall be
laid by any State on the property of the United States, or either
of them."[44]
By this it is evident that "paupers, vagabonds, and fugitives from
justice" were the only persons excluded from the right of citizenship.
The following is the history of the Dred Scott case:
"In the year 1834, the plaintiff was a negro slave belonging to
Dr. Emerson, who was a surgeon in the army of the United States.
In that year, 1834, said Dr. Emerson took the plaintiff from the
State of Missouri to the military post at Rock Island, in the
State of Illinois, and held him there as a slave until the month
of April or May, 1836. At the time last mentioned, said Dr.
Emerson removed the plaintiff from said military post at Rock
Island to the military post at Fort Snelling, situate on the west
bank of the Mississippi River, in the territory known as Upper
Louisiana, acquired by the United States of France, and situate
north of the latitude of thirty-six degrees thirty minutes north,
and north of the State of Missouri. Said Dr. Emerson held the
plaintiff in slavery at said Fort Snelling, from said
last-mentioned date until the year 1838.
Public-domain text, read in full here on John Shaqi.
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