they were the
allies of Great Britain in the Revolutionary war, were yet fresh in
the recollection of the people of the United States, and they were
even then guarding themselves against the threatened renewal of Indian
hostilities. No one supposed then that any Indian would ask for, or
was capable of enjoying, the privileges of an American citizen, and
the word white was not used with any particular reference to them.
Neither was it used with any reference to the African race imported
into or born in this country; because Congress had no power to
naturalize them, and therefore there was no necessity for using
particular words to exclude them.
It would seem to have been used merely because it followed out the
line of division which the Constitution has drawn between the citizen
race, who formed and held the Government, and the African race, which
they held in subjection and slavery, and governed at their own
pleasure.
Another of the early laws of which we have spoken, is the first
militia law, which was passed in 1792, at the first session of the
second Congress. The language of this law is equally plain and
significant with the one just mentioned. It directs that every "free
able-bodied white male citizen" shall be enrolled in the militia. The
word _white_ is evidently used to exclude the African race, and the
word "citizen" to exclude unnaturalized foreigners; the latter forming
no part of the sovereignty, owing it no allegiance, and therefore
under no obligation to defend it. The African race, however, born in
the country, did owe allegiance to the Government, whether they were
slave or free; but it is repudiated, and rejected from the duties and
obligations of citizenship in marked language.
The third act to which we have alluded is even still more decisive; it
was passed as late as 1813, (2 Stat., 809,) and it provides: "That
from and after the termination of the war in which the United States
are now engaged with Great Britain, it shall not be lawful to employ,
on board of any public or private vessels of the United States, any
person or persons except citizens of the United States, _or_ persons
of color, natives of the United States."
Here the line of distinction is drawn in express words. Persons of
color, in the judgment of Congress, were not included in the word
citizens, and they are described as another and different class of
persons, and authorized to be employed, if born in the United States.
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