tizen," if the word "free" were used as the correlative of
slavery? Such an use of the word would imply that _some_ of the
"citizens" were, or might be slaves--which would be an absurdity. But
used in the other sense, it implies only that some citizens had
franchises not enjoyed by others; such, perhaps, as the right of
suffrage, and the right of being elected to office; which franchises
were only enjoyed by a part of the "citizens." All who were born of
English parents, for instance, were "citizens," and entitled to the
protection of the government, and freedom of trade and occupation, &c.,
&c., and in these respects were distinguished from aliens.--Yet a
property qualification was necessary, in some, if not all the States, to
entitle even such to the franchises of suffrage, and of eligibility to
office.
The terms "free inhabitants" and "people" were probably used as
synonymous either with "free citizens," or with "citizens" not
"free"--that is, not possessing the franchises of suffrage and
eligibility to office.
Mr. Madison, in the 42d No. of the Federalist, in commenting upon the
power given to the general government by the new constitution, of
naturalizing aliens, refers to this clause in the Articles of
Confederation; and takes it for granted that the word "free" was used in
that political sense, in which I have supposed it to be used--that is,
as distinguishing "citizens" and the "inhabitants" or "people" proper,
from aliens and persons not allowed the franchises enjoyed by the
"inhabitants" and "people" of the States.--Even the privilege of
residence he assumes to be a franchise entitling one to the denomination
of "free."
He says: "The dissimilarity in the rules of naturalization," (i.e. in
the rules established by the separate states, for under the
confederation each state established its own rules of
naturalization,) "has long been remarked as a fault in our system,
and as laying a foundation for intricate and delicate questions. In
the fourth article of confederation, it is declared, 'that the _free
inhabitants_ of each of these states, paupers, vagabonds, and
fugitives from justice excepted, shall be entitled to all the
privileges and immunities of _free citizens_ in the several states;
and _the people_ of each state shall, in every other, enjoy all the
privileges of trade and commerce,' &c. There is a confusion of
language here, which is remarkable. Why the terms _
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