Trump v. Barbara · ¶26

The common law “made no distinction on account of race or color.” United States v. Rhodes, 27 F. Cas. 785, 789 (No. 16,151) (CC Ky. 1866) (Swayne, J.). But the slave States did. As the Civil War approached, more and more Southern States sought to deny citizenship to black Americans—and openly rejected the common law to reach that result. See Kettner 320–324. It was “not the place of a man’s birth” that made him a citizen, these States said, “but the rights and privileges he may be entitled to enjoy.” Amy v. Smith, 11 Ky. 326, 332 (1822). On that view, “[t]he prejudice . . . of caste” was “unconquerable.” Bryan v. Walton, 14 Ga. 185, 202 (1853). Not even emancipation could “confer citizen ship,” these States held, because free African Americans still suffered from “social and civil degradation” based on “the taint of blood.” Id., at 198. With the common law abandoned, almost 500,000 free…

slip opinion, revised 7/01/26
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