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

which denominaled il an idle and slouth-
lul people; which directed the magistrates
TO bind out free negroes for laziness or va
grancy; which forbade them TO harbor In
dian or inulatto slaves on pain of punish
ment by fine or to deal with negro slaves
on pain of stripes; which annexed to the
interdict of marriage with white, the pen
atty ofreduction TO slavery; which punish
ed them for lipling with stripes, and even a
negro. If freemen, in political sense, were
subjects of these cruel and degrading OPP
pressions, what must have been the lot Of
their brethren in bondage. 1t is also true
that degrading conditions were sometimes
assigned by whitemen, but never as mem
bers of a caste. Insolvent debtors, to indi-
cate the worst of them, were compelled TO
make satisfaction by servitude; but that was
borrowed from kindred and still less ra-
tional principle of the common law. This
act of 1926, however, remained in force till
it was repealed by the emancipating act of
1880; and it is irrational TO believe that the
progress of liberal sentiments was SO rapid
in the next ten years as to produce deter
mination in the convention of 1890, TO raise
this depressed race TO the level of the white
one. lfsuch were its purpose, it is strange
that the word chosen to effect it, should
have been the very one chosen by the con-
vention Of l776 to designate a white cleo
tor. "Every freeman" it is said Chap. III,
Sect. vi, ''of the full age Of twenty one
years, having resided in this state for the
space ofone whole year the day of election,
and paid taxes during that time, shall enjoy
the rights ofan elector." Now ft the word
freemen were not potent enough to admit
free negro to suffrage under the first consti-
tuition, il is difficult 10 discern a degree of
magic in the intervening plan Of emancipa-
tion, sufficient to give it adequate potency,
in the apprehension of the convention under
the second
The only thing in the history of the con-
vention, which casts doubt upon the in
tent, is the fact that the word white was
prefxed to the word freemen in the report
of the committee, and subsequently, struck
because it was thought SUI
perauous, or still more probably because it
was feared that respectable men of dark
would often be insulted at the
polls by objection to their colour. have
heard it said that Mr.. GalIatih sustained his
motion to strike out on the latter ground.
Whatever the motive; disseverance is in
to warp the Interpretation Of a
word of such settled and determinate mean
ing as the one which remained. A legisla-
tive body speaks to the judiciary only through
its final act. and expresses its will in the
words of it; and though their meaning may
be influenced by the sense in which they
have usually been applied to intrinsic mat
tiers, we cannot receive an explanation of
them from what has been moved or said in
debate. The place of judge is his forum
mot the Legislative hall. Were he even
disposed to pry into the motives of the
it would be impossible for him TO
them; and in attempting to discoy-
er the ground on which the conclusion was
attained, II is not probable that member
of the majority could indicate any that was
common TO all.
have thought it fair to treat the question
as it stands affected by our own municipal
regulations without illustration from those
of other states were the condition of the
race has been stIl less favoured. YET it is
proper to say that the second section of the
fourth articls of the Federal Constitution,
presents an obstacle to the political freedom
of the negro, which seems to be insupera-
BILE. 1t is TO be remembered that citizen
ship as well as freedom, is constitutional
qualification; and how il could be conferred
so as to overbear the laws imposing count
less disabilities on him in other states, is
problem of difficult solution. In this aspect
the question becomes one, not of Intention,
but of poweri and Of power so doubtful as
10 forbid the exercise of it. Every man
must lament the necessity of these disabili-
ties; but slavery is to be dealt with by those
whose existence depends on the skill with
which it is treated Considerations ofmere
humanity however belong TO class with
which, as judges, we have not to do; and IN
terpreting the constitution in the spirit of
out own Institutions, we are bound TO pro-
nounee that men of colour are destitude of
title to the elective franchise. Their blood.
however, may become so diluted in sue
cessive descent as to loose its distinctive
character; and then both policy and justice
require that previous disabilities should
cease. By the amended constitution of
North Carolina, no free negro, mulatto, or
free persons of mixed blood, descended