The national era. [volume] (Washington [D.C.]) 1847-1860, 1851-10-16


pearance of her representatives in Congress 4;
and that supposng that there were parts OF her
Constitution repugnant to that OF the United
States they were, of course null and void the
power to decide residing, not in Congress, but
in the Supreme Court. He said he would
declare for himself that in the use of general
terms referring to blacks and mulattoes as a
class that portion which may be distinguished
from the rest by the privilege of citizenship,
never entered into his contemplation" Refer
ring to law of Congress relating to certain
restrictions on "blacks and mulattoes" in
the District of Columbia, he said
"If IRE had forgotten to make, in terms, the
exception in favor of citizens who were black,
and left their rights to the security of sound
judicial constructions was not the omission as
pardonable in the case of Missouri, and the
security of the black citizens as good! :" He
had before he said submitted the sugges-
ton that the Constitution of Missouri was legit-
innate in nearly the whole operation which the
broadest Interpretation would give it, and that
the authority which should expand the Consti-
tuition would be bound 80 to limit its construc-
ton as to except from the generality of its
terms the few who were protected from its ap-
plcation by the Constitution Of the United
States
We have, then, the expressed opinion of Mr..
Lowndes, one of the most illustrious statesmen
Of South Carolina that section I'd of article 4th
in its first clause, in declaring that the citizens
of each State shall be entitled to all the priv
leges and immmities of citizens in the several
States" embraces not only white citizens, but
such colored people as may be recognised as
citizens by any of the States And the same
opinion was affirmed by the Congress of the
United States, when, on February 90, 1921,
after protracted debate, it passed the follow.
ing act
That Missouri shall he admitted to this
Union on an equal footing with the original
States, in all respects whatever, upon the fun
damental condition that the fourth clause.
s-enySiDl g,Sis5:9', third article Of the Gu
tuition submitted ON the part of said State TO
the passage of any law, and that no law shall
be passed in conformity thereto, by which any
citizen OF either of the States in this Union shall
be excluded from the enjoyment of any of the
privileges and immunities to which such citizen
Is entitled under the Constitution of the United
States PrOuided, That the Legislature of said
State, by "a solemn public act shall declare the
assent of the said State TO the said fundamen-
tat a,,l eL.n Al. u
dent of the United States on or before the 4th
day of November next, an authentic copy of
the said act; upon the receipt whereof the
President, by proclamation, shall announce the
fact; whereupOn, and without any further pro-
ceeding ON the part of Congress the admission
of the said State into the Union shall be con-
sdered as complete"
The act received the sanction of the Presi-
dent; Missouri, by solemn, public act an
nOunced her assent to it and, on this funda.
mental condition, became State of the Union.
We are now prepared to understand the ex.
tent of the constitutionality of the following
law enacted by the Legislature of Missouri,
approved February Is, Is47:
AN ACT respecting Slaves Free Negroes, and Mu-
Iattoes. ,-.-
Be ii enacted by the General assembly of the
State Of Missouri, as followiag
Sec. L. No person shall keep or teach any
school for the instruction of negroes or mulat-
toes in reading or writing, in this State
Sec. 2. No meeting or assemblage of negroes
or mnlattoes, for the purpose of religious wor-
ship or preaching shall be held or permitted
where the services are performed or conducted
by negroes unless some sheriff, constable, mar
shal police officer, justice of the peace. shall
be present during all the time of such meeting
or asscmblages, in order to prevent all sedtious
speeches and disorderly and unlawful conduct
Of every kind.
Sec. 3. All meetings of negroes or mulattoes
for the purposes mentioned in the two prece.
ding sections, shall be considered unlawful as.
semblages, and shall be suppressed by sheriffs
constables, and other public officers
Sec. 4, No negro or free mulatto shall, under
any pretext emigrate to this State, from an,
other State or Territory.
Sec s. lfany person shall violate the pro
visions of this act he shall, for every sucl
offence, be indicted and punished by fine mo-
exceeding five hundred dollars or by imprison
ment not exceeding six months, or by both tins
and imprisonment.
Sec 6. Free negroes and mulattOes who are
under the age of twenty-One years, and who
would not be entitled to receive from the Coun
ty Court license to remain in this State, il
they were twenty-one years old, shall not b.
bound out rs apprentices in this State Ap
proved, February ID 1S47.-S. LOUIS Reueille
This law is an inhuman one but it is some
consolation to know that those colored people
who are recognised as "citizens" of any other
State, are exempt from its operation The Legis
lature of the State cannot intend it to apply tc
them, without being guilty of perjury; and nc
intelligent court in Missouri would construe il
as applying to them, unless prepared to STAMP
the State as shameless repudiator of its faith
pledged by "solemn public act" in 1921.
The Mobile Herald lately reported as follows
"a magistrate has lately committed to jail
eleven free men Of color, composing the crew
Of the Ambassador. The captain was obliged
to pay the costs, and give bonds in the sum Of
$4,000 to carry these men away from the State
according to the laws made and provided in
such cases. The crews of two other vessels
have also been sent to prison under similar cir.
cumstances--the whole number Of men in the
three cases comprising 30. Heavy penalties
will, according to law, he inflicted on these
men, If they return to the State
Similar laws exist in other slave States and
Florida was admitted into the Union with a
Constitution authorizing the Legislature to pas
laws for the ultimate enslaSement of free Der.
sons of color entering her borders And it is
notorious that the State Of the ilustrious
Lowndes not only mprisons free persons of color
from other States, entering her ports, but rude.
ly, violently compelled MIR Hoar to flee from
her borders although commissioned by the
Legislature of Massachusetts to test before tn,
Federal courts the constitutionality of the law,
authorizing such IMPRISONMENT