Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1846-02-26

principle of the common law. This act OF l726,
however, remained in force till it was repeated ny
the emancipating act of $780, and 1t IS lrratonal 10
believe that the progress of liberal sentiments was
SO rapid in the next ten years, as to produce de
termination in the convention of 1880, to raise inns
depressed race to the level of the white one. II
such were its purpose, it is strange that the Woro
chosen to effect it, should have been the very one
chosen by the convention OF ITS, to des'gnGto d
white elector "Every fireman." it is said, chap.
ii, sect 6, 'sof the full age of twenty-one years
having resided in this State for space OF one WLole
year before the day of election, and paid taxes DUR
ing that time, shall enjoy the rights OF an elector
Now if the word freeman were not potent enough
to admit a free negro to suffrage, under the first
constitution, it is difficult to discern degree OF
magic in the intervening plan of emancipation SUI
tcent to give it adequate potency, in the apprehen
sion of the convention under the second.
The only thing in the history of the convention,
which casts doubt upon the INTENT IS the tact, tfat
the word white was pre6xed to the word freeman
lin the report of the committee, and subsequently
struck OUT probably because it was thought super
uous or still more probably, because it was feared
that respectable men of dark complexion would of
ten be nsuIted at the polls, by objections to their
color have heard it sad that Mr.. Gallatin sus-
tanned his motion to strike out the latter ground
Whateverthe motive, the observance is insufficient
Ito warp the interpretation of word on such settled
land detcrmnate meaning as the one which remain
ed legislative body speaks to the Judiciary only
through its final act, and expresses It's VIII IN the
words of it; and though their meaning may be IN
ifuenced by the sense in which they nave usually
been applied to intrinsic matters, cannot receive
an exclamation of them from what has been moved
or said in debate Were he even disposed to pry
into the motives Of the members, 1t would be I'M
possible for him to ascertain them; and in attempt
inc to discover the ground on which the conclusion
was attained, it is not probable that member OF
the majority could indicate any thing that was com
mon to all. Previous propositions are merged IN
the act of consummaton; and the interpreter OF II
must look to that alone.
| have though it fair to treat the question as ii
stands affected by our own municipal regulations
without illustration from those of other States
where the condition of the has been still less
favored Yet it is proper to say that the second sec
tion of the fourth article of the Federal Constitu-
ton. presents an obstacle to the political freedom
of the negro, which seems to be insuperable 1t Is
to be remembered that citizenship as we'll as tree
dom is a constitutional qualification; and how il
could be conferred as to overbear the laws lmpos-
inc countless disabilities on him in other States, is
problem of difficult solution. In this respect the
question becomes one not of intention, but OF pow
er: and of power so doubtful to forbid the exer
else of it. Every man must lament the necessity OF
these disabilities but slavery is to be dealt with by
those whose existence depends on the skill with
(which it is treated. Considerations OF mere huma'
nifty, however, belong to class with which, az
Judges we have nothing to do and interpreting the
constitution in the spirit of our institutions, we are
bound to pronounce that men Of color are destitute
of title to the elective franchise. The blood, how
ever, may become SO diluted in successive descent:
as to lose its distinctive character; and then, bott
policy and justice require that previous disabilities
should cease BY the amended constitution OF NORTH
Carolina, no free negro, muatto, or free person o.
mixed blood descended from negro ancestors, to The
fourth generation inclusive though one ancestor I?
each generation may haze been ,chite person, shall
vote for members of the legislature
I regret to say similar regulation for practica
purposes has been attempted here; in consequence
of which, every case of disputed color must be de
termned by no particular rule but by the discretion
of the judges; and thus great constitutional right
even under the proposed amendments of the constl
tuition, will be left to the sport Of caprice
In conclusion, we are of opinion, the court erret
in directing that the plaintiff could have his actor
against the defendant for the rejection of his vote
Judgment reversed.
;. Conclusion next week.