Speech #560013853

Second. That a man of African descent. whether a slave or not. was not and could not be a citizen of a State or of the United States. which question had been decided in favor of the proposition by a decision which. while it met the condemnation of some of the ablest statesmen and constitutional lawyers of the country. had never been overruled. He then goes on to say that the clause "All persons born or naturalized in the United States are citizens of the United States and of the State wherein they reside." puts at rest both of these questions. and that. while there can be no doubt that its main purpose was to establish the citizenship of the negro. it declares that persons may be citizens of the United States without regard to their citizenship of a particular State. and that it makes all persons born within the United States. and subject to its jurisdiction. citizens of the United States. In the conclusion drawn in these observations of the learned justice there is no conflict with the view which I have taken except in the wider meaning given to the phrase "in the United States." In the view which I have taken a person may be a citizen of the United States without reference to his citizenship of a particular State. indeed. he may be a citizen of the United States without being a citizen of any State. Such citizenship may be established by treatyor by statute. either as to the inhabitants of Territories or Indians born in tribal relations. but such citizenship is a legislative and not a constitutional citizenship.