Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1848-12-22

titled TO the benefit of judicial proceedings
according TO the course of The common law"
These "Arlieles OF Compact - our Supreme
Court have decided in s, o. r. 4iO, are as
obligatory on the State as her Constitution.
By a territorial act passed December 6, 1899,
to ascertain the humber Of "(ree male inha-
bftdnts Of the age of t%enty.one, and 10
regulate the election Of representatives for
the same, provision Is made for taking the
number Of free male Inhabitants; " and in
defining the qualification Of electors, mention
Ia made of "eperyJ free male inhabitant."
These several organic laws and leeisla.
tive enactments were in force at the time Of
The aboptibn OF our Constitution, and there
existed no law abridging the rights OF color
ed citizens, except such as were fugitive
slaves. Inhabitants" 'Eree male iinhab,t.
ants "citizens," are words of most eene-
raj Specification, and embrace every class of
society. In these several laws and acts no
~allusion whatever is made to color. The
word free" negatively excludes slaves,
white or black, and the one as well as the
other. This caution was unnecessary, for
by The "Arlicles of Compact," Of the ordi-
nance, slavery could not exist here so that
the moment a slave, Of any color, should
touch our holy soil, unless he were a fugi-
tive, he was a freeman.
1t is plainly demonstrated by the precpd-
ing, that at the time of the adoption of our
State Constitution the colored inhabitants of
Ohio had all the rights, privileges and inn
munities of other citizens.
OF what rights did the Constitution de-.
prive the colored citizens of Ohio for, as
we have already shown, the blacks were part
of the people; the delegates who formed the
Constitution were therefore the delegates of
the colored portion, as well as of the white
portion Of the people, and the whole people
must abide by the Constitution. BY the first
section Of the fourth article, il is provided
that /" in all elections, all white male inhabit-
ants above the age Of twerty-one years.
&c., shall enjoy the right Of an elector."-
Throughout the Constitution this is the only
mention Of or ~allusion 10 color, and by its
negative effect excludes blacks from voting
at elections. These rights so left them were
by the Constitution guaranteed 10 them. The
Legislature is bounded by the Constitution.
Its powers are thereby delegated. As the
delegates Of the people finished their fabric
of liberty, they closed the door upon the in
PRODUCTION of any further powers, or the trans
erosion by the Legislature of those given /;
placed their seal upon it, and in the 2sth
section of the bill of rights, set over it a me-
ver.sleeping guard, which, like the double
flaming sword, turns every way, and declares
90 that all powers not hereby delegated remain
with the people," There is no power dele
gated to disfranchise an innocent citizen.-
II the laws under consideration do disfran-
chise such, they are therefore ~nnconsiilu-
tional.
Among the franchises of a freeman are the
following: The right TO remain peaceably in
the State-to be employed and receive the
hire of his labor without his name being en-
rolled or exhibiting a certifcate-the right to
testify in courts Of justice and otherwheres
where testimony is given-th The right TO gain
a settlement and be supported in his in6rmi-
ty by that government which in his vigor he
has helped sustain-ihe right that his chill
dren shall be educated by the public bounty
provided for all the people, and for which
side by side with our white fathers, his CO.
lored father fought and BLEED. or these in
estimsble franchises the "Ohio Black Laws
have Invested the innocent, colored citizens,
and they are therefore thus far unconstitu-
,ional and void.
The citizen of other States coming here ,c
reside, is required to give bond for good be-
havior and his maintenance; he therefore ha.
not the privileges and immunities OF citizen:
of this State, and so the law is a violation o
the provisions of the Constitution OF tn,
United States, above quoted, and is there
fore void. BY the course Of the commol
law every individual, whatever his grade
country, religion or color, unless interested
infamous by crime, ain atheist, or related a
husband and wife, may be sworn and Civ
testimony in all places. OF this high fran
chise the colored citizens OF Ohio are disesi
ed by these laws without any offence o.
their part, and so the law is an infraction G
the provisions Of the 7" Articles of Compact
in the ordinance above quoted, and therefor
void.
am now to show that these laws beside
being an infraction Of The letter Of our col
1 s~,ituiion and other organic laws, are a viz
la,ion Of the principles and genius Of our il
I stitutions.
And in the first place, il is TO be conside
Q ed that ours is a government Of written col
y stituiions. They resi- not in the minds
Presidents, Governors, Legislators, or Judge
: to be varied by the passions and caprlces
changed or changing men; but. living {
parchment and paper, remain the same.-
They are not secreted in governmental rece
e SEES, that, all unseen by the people, Leglsl
tors may enact such laws as they please, ar
refer 10 a nluuen CONSTITUTION II duIholit)
or a Judge, after his victim is caught in Il
d tolls of the courts, may draw the manusc:i
IF from his side pocket and say, there is Il
IT law 5" but through a press, free as the air v
breath, they are printed and reprinted, al
j. in the hands of every citizen. demanding the
IF appreciation and support. Without this p
pular appreciation and support, they are b
paper and lampblack. They possess
IS intrinsic pODer 10 compel reverence or OBJ
A dience for these they rest alone on the re
h pect and regard Of the people. The peoPl
IS as if by an irresistible force of instinct, a
Al here to their organic laws. This Is the s
O. cret of The perpe,uity Of the Union, amid
AT the roar Of conflicting elements. This is
rs way on which our country has advanced wi
"a railroad speed, overtaken and out'stripp
of the progress of the old established goveI
y. ments Of the world. Cherished by the &c
Il. eminent, in all its departments, this popuI
devotion to the constitutions would grow wi