he States or the United
States. That if, since the adoption of the State Governments, he has
been or could have been elevated to the possession of political rights
or powers, this result could have been effected by no authority less
potent than that of the sovereignty--the State--exerted to that end,
either in the form of legislation, or in some other mode of operation.
It could certainly never have been accomplished by the will of an
individual operating independently of the sovereign power, and even
contravening and controlling that power. That so far as rights and
immunities appertaining to citizens have been defined and secured by
the Constitution and laws of the United States, the African race is
not and never was recognised either by the language or purposes of the
former; and it has been expressly excluded by every act of Congress
providing for the creation of citizens by _naturalization_, these
laws, as has already been remarked, being restricted to _free white
aliens_ exclusively.

But it is evident that, after the formation of the Federal Government
by the adoption of the Constitution, the highest exertion of State
power would be incompetent to bestow a character or status created by
the Constitution, or conferred in virtue of its authority only. Upon
those, therefore, who were not originally parties to the Federal
compact, or who are not admitted and adopted as parties thereto, in
the mode prescribed by its paramount authority, no State could have
power to bestow the character or the rights and privileges exclusively
reserved by the States for the action of the Federal Government by
that compact.

The States, in the exercise of their political power, might, with
reference to their peculiar Government and jurisdiction, guaranty the
rights of person and property, and the enjoyment of civil and
political privileges, to those whom they should be disposed to make
the objects of their bounty; but they could not reclaim or exert the
powers which they had vested exclusively in the Government of the
United States. They could not add to or change in any respect the
class of persons to whom alone the character of citizen of the United
States appertained at the time of the adoption of the Federal
Constitution. They could not create citizens of the United States by
any direct or indirect proceeding.

According to the view taken of the law, as applicable to the demurrer
to the plea in abatement in this cause, the quest