Litchfield enquirer., 1844-05-09

Laws affecting in any special manner particular
classes Of our citizens, designating them by Their
pursuits or occupations in life, and snblechng tne
on that account to political disabilities, are at war
with the fundamental principles on which our Tree
institutions are based 1t Is the right OF every cit-
zen in the pursuit of his interest or happiness,
to devote himself to any employment not forbidden
| by the laws, and so long as he demeans himself
WELL to enjoy equally with the rest Of his fellow
citizens all the privileges secured by the constiu-
ton, Among the most valuable of these to the CT.
tzen of free state, is that of having voice in thu
eleotion of those to whom the administration OF the
government is entrusted. This right the people
were careful to secure from encroachment by fixing
with precision, in the constitution itself, the qual
ticatons of electors, and by establishing in every
town an impartial board to apply them.
The act passed by the General Assembly in 1912,
relative to students at literary institutions, has ell
Their been extensively misunderstood in regard to its
object and practical bearing, or it seems justly OBJ
noXious to the objection not only partial leglsla-
ton, but of being palpabe infractOn Of this inn
portant constitutional provision. If, whileall 9TH
classes of our citizens, irrespective OF the employ
ments they may pursue, are allowed when OF age
to change their residence at pleasure, and to exer-
else at the place of their actual abode all their po-
lical rights this privilege can be denied to the
student, we cannot fail to perceive that the same
principle would equally warrant, whenever it may
be deemed expedent to apply it, similar restric-
ton in regard to any other pursuit, until at the
pleasure Of the General Assembly, any portion of
our citizens may be deprived of all power in the
government, or be compelled to remain as fixtures
on the soil that gave them birth. If, however,
| nothing more was intended, than to declare that
Temporary absence from the actual domicil of the
student, for the purpose of obtaining an education
at literary institution should not, of itself, cnnsti-
tute change of residence, then indeed the statute
introduces new principle in that respect, since
the question of domicil has always depended on the
| infer NOT ont he
But in this view also it seems to be Objectionable,
not only as an unnecessary and invidfnuS act OF
| special legislation, but unconstitutional as
sumption Of the right of deciding on the qualifca
! tions of electors.
All restrictions imposed by society on the right of
suffrage, whether of age, color, residence property
or character, are ust6able only far they afford
to the community essential security for the free,
honest and intelligent exercise of this important
franchise. The exclusion of our colored population
from the exercise of privilege so literally extern
ded to others by the constitution, and which in the
other New England States, they enjoy on equal
| terms, was founded, it must be presumed, on the
| belief that whatever might be true Of individuals,
they had not as a race sufficiently recovered from
the depressing influences of slavery, to render it
safe to invite them, especially when coming from
abroad, to equal participation in the government
of the state.
The constitution of the state of New Xork ap-
peare to have been formed under the influence of
similar views But while it recognizes the pro-
priety of partial discrimination between the po
liical franchises conferred the white and color
ed citizens, it allows to the latter the right of
ting, after three years residence in the state and
| the possession for year of an unincumbered free
hold, of the value of two hundred and fifty dollars
and exempts them from taxation until their disabil
ity of voting is removed.
1t is neither the duty nor right of the Executive
to propose amendments to the constitution, nor to
.. rotu of tho ood hU
the convention but deem it worthy of the consi-
Iteration of the General Assembly, whether the
right of voting in town meetings ought not to be
restored to our colored citizens, as they formerly
enjoyed it when possessed of the same qualifications
which confer the right on other citizens who are
not electors of the state and whether it is consis-
tent with the great principles maintained by our
fathers in the revolutionary contest to subject them
to state taxation, so long as they excluded by
the constitution from the right of Suffrage.
While owe it to the free colored citizen, by
new incentives to industry and sobfiety, to enc0ur-
age him in his efforts to elevate his condition, we
ought also remember that the reproach of slavery
though in mitigated form, and to limited extent,
still exists in Connecticut Is it not time that eve
ry vesge of system founded in injustice and fraud,
and incapable of being supported except by the
provisions of positive law, should be efaced from
our statute book? Ought our judges any longer to
be constrained to withhold their authoritative dec
laraton that here also, as in the other free states of
! the north, "man may be the owner, but cannot be
| the subject Of property"
! A fugitive slave from another state, seeking re-
fuge in Connecticut, cannot, indeed, be liberated by
| our laws. The constitution of the United States
gives effect for the purpose of his reception, to the
| slave laws Of the state from which he fled. But
neither the constitution, nor the law of comfy, i'm
poses any obligation on state, or the officers of
state, which does not itself recognize the doctrine
that man can have property in man, to aid in the
surrender of the fugitive BY q recent decision of
the Supreme Court of the United States, it has been
declared that both the power and the duty to en-
force the constitutional provision for the surrender
of fugitive saves,pertain exclusively to the nation
al government. But it is no less the duty of the
state legislatures, under their constitutions, to
| provide for every free citizen within their limits
| adequate protection from unlawful seizure or de-
| tention.
confers authority on the inferior magistrates of
State, to determine summarily without jury and
without appeal, the question of the freedom or sla
| very Of human being, and by mere certificate to
authorize his transportation beyond the limits of
the State, does not afford that protection to the
free, which in view of the nEomentoHs consequences
of the decision, a due regard to the safety Of our
colored citizens requires. White the decision of
| the Supreme Court, to which reference has been
made, will render it proper for the Legislature to
modify the act Of 1898, relative to fugitves from
service, by repeal of such of its provisions inn
pose on any Of the judicial or executive officers of
the State the duty Of aiding in their seizure or sur
render, it is worthy of your deliberate consdera-
ton, whether there ought not to he entire pro-
hibition of all action by the state officers under the
powers attempted to be conferred by the act Of con-
| gress. To permit the officers of the State in their
| official capacities, to exercise powers which