44 Me. 516
OPINION OF JUDGE HATHAWAY.
Supreme Judicial Court of Maine.
March 26, 1857
To the Honorable, the Senate of
Maine:
In obedience to the preceding order,
I have considered the question proposed to the court, and herewith transmit my
opinion, as one of the justices thereof.
By the constitution of Maine, article
two, section one:
" Every male citizen of the United States, of the age
of twenty-one years and upwards, excepting paupers, persons under guardianship
and Indians not taxed, having his residence established in this state, for the
term of three months next preceding any election, shall be an elector for
governor, senators and representatives, in the town or plantation where his
residence is so established."
Hence the answer to the question
proposed must depend upon the result of the inquiry, whether or not such "
free colored persons of African descent" are " male citizens of the
United States of the age of twenty-one years and upwards," not being paupers
or persons under guardianship. Citizens of the United States are those persons
who are native born such, and those children of citizens who, although born
abroad, are by law considered as native born--and aliens who have been
naturalized under the laws of congress--and those who become such by treaty.
If aliens, free colored persons of African descent cannot by our laws,
become citizens of the United States, for the laws of congress, concerning
naturalization, grant that privilege to none but " free white
persons" --and congress has exclusive power to legislate upon that
subject.
The question, therefore, is merely
whether or not such free colored persons are native born male citizens of the
United States, or those who have become citizens by treaty stipulations.
In the case of Dred Scott v. J.
F. H. Sandford, the Supreme Court of the United States has recently decided
that negroes of African descent, whose ancestors were of pure African blood,
and were brought into this country and sold as negro slaves, were not citizens
of the United States.
In answering the question proposed
to the court, it is necessary to consider the legal effect of that decision.
By the federal constitution, article
one, section two:
" No person shall be a representative who shall not
have been seven years a citizen of the United States."
And by article one, section three:
" No person shall be a senator who shall not have been
nine years a citizen of the United States."
By article one, section eight:
Congress has power " to
establish an uniform rule of naturalization."
And by article four, section two:
" The citizens of each state shall be entitled to all
privileges and immunities of citizens in the several states."
By these last two provisions of the
constitution, and the laws of congress, upon the subject of naturalization,
passed in pursuance of the power granted--the laws concerning citizenship in
the United States, and in each state, were made entirely uniform for it is
certain, that in the sense in which the word " citizen " is
used in the federal constitution " citizen of each state, "
and " citizen of the United States, " are convertible terms; they
mean the same thing; for " the citizens of each state are entitled to all
privileges and immunities of citizens in the several states," and "
citizens of the United States" are of course, citizens of all the
United States.