The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1838-03-10
OPINION on THE CouRT.


This record raises a second time, the only
question on phrase in the Constitution,
which has occurred since its adoption and
however paatizans may have disputed the
wisdom Of its provisions, no man has dis
puted the clearness and precision of its
phraseology. We have often been called
upon to enforce its limitations of Legislative
power; but the business of Interpretation
was incidental, and the difficulty was not
In the diction, but in the uncertainty Of the
actto which it was to be applied / have
said, question on the meaning of a
phrase has arisen second time. Il
would be more accurate to say the same
question has arisen the second tlme,-
About the year 1895, as have it from Jas.
Gibson, Esquire, of the Philadelphia Bar,
the very point before us was ruled by the
High Court of Errors and Appeals, against
the right OF Negro Suffrage. Mr.. Gibson
declined an invitation to be concerned in the
argument, and therefore has no memoran-
dun OF the cause to direct us to the record
have had the Office searched for IL; but
the papels had fallen into such disorder as
to preclude hope Of its discovery. Most
OF them were imperfect, and many were
lost or misplaced. But Mr.. Gibson's re-
membrace of the decision is perfect and en-
titled TO full confidence. That the case was
not reported; is probably owing to tho fact
that the Judges gave no reason f; and the
Omission is the more to be regretted as re-
pert of it would have put the question at
rest and prevented much unpleasant excite
ment. Still the judgment is not the less
authoritative as q precedent. Standing MS
the court oflast resort, the tribunal bore the
same relation TO this court, that the Supreme
Court does to the Common Pleas; and as
Its authority could not be questioned then,
IT can not be questioned now. The point
therefore is not open to discussion on orig
inal grounds.
But the omission Of Judges, renders it
proper to show tina. their decision was
founded in the true principles of tho Con-
stitutlon. In the first section of the third
article, il is declared that /" in elections by
the citizens, every FREEMAN of the age of
twsnty-one years, having resided in the
State two years before the election, and ha-
wing within that time paid state or county
tax" shall enjoy the rights of an elecior.-
Now the argument of those who assert the
claim Of the coloured population, is that a
negro is man and when not held to in
voluntary service, that no is free conse-
quently that he is freeman and if a free-
man in the common acceptatlon of thelerni,
then freeman in every acceptation of it..
This plthy and syllogistic sentence compri-
ses the whole argument which, however
elaborated, perpetually gets back to the point
from which it started. The fallacy of il, is
Its assumption that the term freedom sign-
fss nothing but exemption from involuntary
service; and that it has not legal signi6ca-
ton more specific. The freedom of mu-
nicipal corporation, or body polite, inn
plies fellowship and participation Of corpo-
rate rights ; but an inhabitant of an incor-
porated place, who is neither servant nor
slave, though bound by its laws, may be no
irssman in respect Of its government. Ii has
indeed boen affirmed by text writer's, that
habitaRce and paying scot and lot, gives an
incidental right to corporate freedom; but
the courts have refused to acknowledge il
even when the charter seemed to imply it ;
and, when not derived from prescription or
grant, II has been deemed qualification
merely, and not title. Wilcox, chap. 3,
pL 456.) Let It not be said that the legal
meaning Of the word freeman, is peculiar to
British corporations, and that we have il
notin the charters and constitutions of Penn
sylyania. The laws agreed upon in Eng
land in May, 1852, used the word in this
specific sense, and even furnish definition
OF II. Every inhabitant Of the said pro-
vince that is or shall be purchaser of one
hundred acres Of land or upwards, his heirs
and assigns; and every pesoh who shall
have paid his passage and shall have taken
up one hundred acres Of land at penny an
acre, and have cultivated ten acres thereof;
and every person that has been a servant OF
bondsmah and is free by his service, that
shall have taken up his fifty acres of land,
and shall have cultivated twenty thereof;
and every inhabitant, ariifcer, or other re-
sident in the said province that pays scot
and lot to tho government; shall be deemed
and GcconnfedA FREEMAN ofsaid province:
and every such person shall be capable OF
electing or being elected representatives OF
tho people in provincial council or general
assembly ofthe said province" Now why
ihis minute and elaborate detail! Had il