nor intended to be included in the general words used in
that memorable instrument." p. 407.
Free negroes have also been admitted as citizens by every
treaty, by which the United States have acquired a Terri¬
tory from a foreign nation. Thus the treaty with France
of 1803, by which that Territory was obtained, part of
which now forms the State of Missouri, provides that
" the inhabitants of the ceded Territory shall be incorpo¬
rated in the Union of the United States, and admitted as
soon as possible, according to the principles of the Federal
Constitution, to the enjoyment of all the rights, advantages
and immunities of citizens of the United States." The
treaty with Spain for the purchase of Florida, contains the
like words, under which the supreme court of Alabama have
held that a free negro was entitled to the rights of a
citizen of the United States. Tamils v. Doe, 21 Alab. 454.
Perhaps the silence of Mr. Justice Campbell on this point
may have been occasioned in part by the decision of the
supreme court of his own State. The treaty with Mexico of
1848, contained a similar clause, using the words " citizens"
instead of "inhabitants;" and the supreme court of the
United States, within two years past, unanimously declared,
in a case where the title of land depended upon the point,
that " all the inhabitants, without distinction, whether Euro¬
peans, Africans, or Indians, were citizens" of Mexico.
United States v. Ritchie, 17 Howard, 525.
The authorities therefore clearly show that free negroes,
born in the United States, are to be presumed citizens
in all those States in which no law to the contrary is
proved. No statute or decision of the State of Missouri,
as to the extent of the rights allowed to free negroes in
that State, is referred to in the opinion of any of the judges.
We have had no opportunity to make a thorough exam¬
ination of the statutes of Missouri, but some of them in
so many terms recognize the fact that there may be free
negroes who are citizens of the United States. Revised
Statutes of Missouri, c. 123, § 9.
The three judges, who now think that free negroes cannot
be citizens, seem to have been much influenced by the con¬
sideration, that, if citizens, they might, under the clause giv¬
ing to citizens of each State all privileges and immunities
of citizens in the several States, claim rights which might be
dangerous to the peace and safety of States where slavery
is recognized. We are inclined to think that clause secures
to citizens of one State in another, those privileges and
immunities only which would there be allowed to citizens