The judgment of the court was that the words “people of the United
States” and “citizens” meant the same thing, both describing “the
political body who, according to our republican institutions, form the
sovereignty and hold the power and conduct the government through their
representatives;” that “they are what we familiarly call the ‘sovereign
people,’ and ‘every citizen is one of this people and a constituent
member of this sovereignty;’” but, that the class of persons described in
the plea in abatement did not compose a portion of this people, were not
“included and were not intended to be included under the word ‘citizens’
in the Constitution;’” that, therefore, they could “claim none of the
rights and privileges which that instrument provides for and secures to
citizens of the United States;” that, “on the contrary, they were at that
time considered as a subordinate and inferior class of beings, who had
been subjugated by the dominant race, and, whether emancipated or not,
yet remained subject to their authority, and had no rights or privileges
but such as those who held the power and the government might choose to
grant them.”
Such were the relations which formerly existed between the government,
whether national or State, and the descendants, whether free or in
bondage, of those of African blood, who had been imported into this
country and sold as slaves.
The first section of the Thirteenth Amendment provides that “neither
slavery nor involuntary servitude, except as a punishment for crime,
whereof the party shall have been duly convicted, shall exist within the
United States, or any place subject to their jurisdiction.” Its second
section declares that “Congress shall have power to enforce this article
by appropriate legislation.” This amendment was followed by the Civil
Rights Act of April 9, 1866, which, among other things, provided that
“all persons born in the United States, and not subject to any foreign
power, excluding Indians not taxed, and hereby declared to be citizens
of the United States.” 14 Stat. 27. The power of Congress, in this mode,
to elevate the enfranchised race to national citizenship, was maintained
by the supporters of the act of 1886 to be as full and complete as its
power, by general statute, to make the children, being of full age,
of persons naturalized in this country, citizens of the United States
without going through the process of naturalization. The act of 1866, in
this respect was also likened to that of 1843, in which Congress declared
“that the Stockbridge tribe of Indians, and each and every one of them,
shall be deemed to be and are hereby declared to be, citizens of the
United States to all intents and purposes, and shall be entitled to all
the rights, privileges, and immunities of such citizens, and shall in all
respects be subject to the laws of the United States.” If the act of 1866
was valid in conferring national citizenship upon all embraced by its
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