ice, or in any
other respect. For a citizen of one State has no right to participate in
the government of another. But if he ranks as a citizen in the State to
which he belongs, within the meaning of the Constitution of the United
States, then, whenever he goes into another State, the Constitution
clothes him, as to the rights of person, with all the privileges and
immunities which belong to citizens of the State. And if persons of the
African race are citizens of a State, and of the United States, they
would be entitled to all these privileges and immunities in every State,
and the State could not restrict them; for they would hold these
privileges and immunities under the paramount authority of the Federal
Government, and its courts would be bound to maintain and enforce them,
the Constitution and laws of the State to the contrary notwithstanding.
And if the States could limit or restrict them, or place the party in an
inferior grade, this clause of the Constitution would be unmeaning, and
could have no operation; and would give no rights to the citizen when in
another State. He would have none but what the State itself chose to
allow him. This is evidently not the construction or meaning of the
clause in question. It guaranties rights, to the citizen, and the State
can not withhold them. And these rights are of a character and would
lead to consequences which make it absolutely certain that the African
race were not included under the name of citizens of a State, and were
not in the contemplation of the framers of the Constitution when these
privileges and immunities were provided for the protection of the
citizen in other States.
The case of Legrand _v._ Darnall (2 Peters, 664) has been referred to
for the purpose of showing that this court has decided that the
descendant of a slave may sue as a citizen in a court of the United
States; but the case itself shows that the question did not arise and
could not have arisen in the case.
It appears from the report, that Darnell was born in Maryland, and was
the son of a white man by one of his slaves, and his father executed
certain instruments to manumit him, and devised to him some landed
property in the State. This property Darnall afterward sold to Legrand,
the appellant, who gave his notes for the purchase-money. But becoming
afterward apprehensive that the appellee had not been emancipated
according to the laws of Maryland, he refused to pay the notes until he
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