and acted upon by the
Secretary of State, who refused to grant passports to them as "citizens
of the United States."
But it is said that a person may be a citizen, and entitled to that
character, although he does not possess all the rights which may belong
to other citizens; as, for example, the right to vote, or to hold
particular offices; and that yet, when he goes into another State, he is
entitled to be recognized there as a citizen, although the State may
measure his rights by the rights which it allows to persons of a like
character or class resident in the State, and refuse to him the full
rights of citizenship.
This argument overlooks the language of the provision in the
Constitution of which we are speaking.
Undoubtedly, a person may be a citizen, that is, a member of the
community who form the sovereignty, although he exercises no share of
the political power, and is incapacitated from holding particular
office. Women and minors, who form a part of the political family, can
not vote; and when a property qualification is required to vote or hold
a particular office, those who have not the necessary qualification can
not vote or hold the office, yet they are citizens.
So, too, a person may be entitled to vote by the law of the State, who
is not a citizen even of the State itself. And in some of the States of
the Union foreigners not naturalized are allowed to vote. And the State
may give the right to free negroes and mulattoes, but that does not make
them citizens of the State, and still less of the United States. And the
provision in the Constitution giving privileges and immunities in other
States, does not apply to them.
Neither does it apply to a person who, being the citizen of a State,
migrates to another State. For then he becomes subject to the laws of
the State in which he lives, and he is no longer a citizen of the State
from which he removed. And the State in which he resides may then,
unquestionably, determine his _status_ or condition, and place him among
the class of persons who are not recognized as citizens, but belong to
an inferior and subject race; and may deny him the privileges and
immunities enjoyed by its citizens.
But so far as mere rights of persons are concerned, the provision in
question is confined to citizens of a State who are temporarily in
another State without taking up their residence there. It gives them no
political rights in the State, as to voting or holding off
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