henever he shall be made free under the laws of a
State, and raised there to the rank of a citizen, and immediately
clothe him with all the privileges of a citizen in every other State,
and in its own courts?
The court think the affirmative of these propositions cannot be
maintained. And if it cannot, the plaintiff in error could not be a
citizen of the State of Missouri, within the meaning of the
Constitution of the United States, and, consequently, was not entitled
to sue in its courts.
It is true, every person, and every class and description of persons,
who were at the time of the adoption of the Constitution recognised as
citizens in the several States, became also citizens of this new
political body; but none other; it was formed by them, and for them
and their posterity, but for no one else. And the personal rights and
privileges guarantied to citizens of this new sovereignty were
intended to embrace those only who were then members of the several
State communities, or who should afterwards by birthright or otherwise
become members, according to the provisions of the Constitution and
the principles on which it was founded. It was the union of those who
were at that time members of distinct and separate political
communities into one political family, whose power, for certain
specified purposes, was to extend over the whole territory of the
United States. And it gave to each citizen rights and privileges
outside of his State which he did not before possess, and placed him
in every other State upon a perfect equality with its own citizens as
to rights of person and rights of property; it made him a citizen of
the United States.
It becomes necessary, therefore, to determine who were citizens of the
several States when the Constitution was adopted. And in order to do
this, we must recur to the Governments and institutions of the
thirteen colonies, when they separated from Great Britain and formed
new sovereignties, and took their places in the family of independent
nations. We must inquire who, at that time, were recognised as the
people or citizens of a State, whose rights and liberties had been
outraged by the English Government; and who declared their
independence, and assumed the powers of Government to defend their
rights by force of arms.
In the opinion of the court, the legislation and histories of the
times, and the language used in the Declaration of Independence, show,
that neither the class of pe
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