The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-11-25

lowing able argument IrOm the new ON
Journal of Commerce. The topic treated of is
one of great interest and importance to the
South--their right to Iegisate on this cannot be
compromised, without endangering not only The
perpetuity of their Institutions, but their own
personal security:
"THE RIGHT OF ExcLUsIoS.-fhe law of
South Carolina which subjects nonresident
colored persons who come within the limits OF
the State, to confinement until they are ready to
depart, is police regulation, adopted for the
safety of the community. All nations exercise
that right of exclusion in degrees more or less
limited, and it is not only unquestonable, but
its policy is admitted. China excludes wholly.
France applies to all those who do not obtain
the assent of the government, expressed in a
passport 1t is founded on the great principle
of self preservation the first right OF organized
society. Strangers have no right to question
| its exercise. In the case of South Carolina ii
| is contended that she has not the power to
adopt police regulations, deemed by her govern
ment necessary to the public safety, because in
the national compact it was agreed that the cili
zens of each State shall be entitled to all privi-
leges and mmunties Of citizens in the several
States and colored persons, it is sad come
within the designation Of citizens The Albany
Daily Register takes this ground in reply to OPP.
posite views expressed in this paper
| At the time of the adoption Of the Constitu-
ton in 1897, all the States Of this Union, except
one, authorized the holding of slaves, and the
colored people generally were slaves. Such of
them as were not, exercised few or no politca!
privileges They were not allowed to vote,-
they could not serve on jures, they performed
no military duty, they were incapaciated from
holding office or any legis lative trust, they could
not intermarry with the whites, they had no con-
Germ in the administration of justice, and no
part in the details of any of our local institu-
TONS Could these slaveholding States, in the
| form of convention, have intended to apply
the clause giving equal privileges to citizens in
| any State, to persons who in every State were
treated as degraded caste of inferior rank
The Constitution speaks of Citizens of "free
PERSONS" and Of "other persons" The colored
| free population were doubtless meant to be in
cluded under the designation of "free persons, y
and not in that of citizens,--as slaves and lndi-
ans were intended to be designated under the
phrase "all other persons" The Indians in this
State are as much subject to the control OF our
local laws as the free negroes. They are sub.
jected, however, to the same disabilities, and our
| highest court in 1923, the court Of errors, de-
cided that Indians ,oere moi citizens, and they re-
versed, in this respect, the solemn decision OF
the Supreme Court. The coored population
would seem to be clearly embraced within the
principle of the decision. Chief Justice Dag
gett, of the supreme court of Connecticut de-
cided in terms, in the proceedings against Pru-
dence Crande that free blacks were not citi
zens, within the meaning of the term as it was
used in the Constitution. In Virginia the same
decision was made; and in Tennessee, in the
case of the State against Claiborne, il was dis.
| tinctly held that Stree negroes are not in any of
the States entitled to all the privileges and i'm
munities of citizens, and that State may con-
stitutionaly prohibit free persons of color from
| removing into the State to reside therein" In
IS4l, the Attorney. General of the United States
gave his official opinion, that the free blacks
we're not citizens within the intention of the act
| relating to the coasting trade.
| If these decisions are correct, the question is
| at an end; for all admit that the right of South
| Carolina to exclude free negroes is perfect If
| they do not come within the designation of clti-
zens, on whom the privileges and immunties of
that provision are conferred. That they are
correct must be assum, against the mere specu-
latve opinions of the Albany Register, and I'M
til they are overthrown by courts of higher au-
thority. That they will be overthrown, cannot
be expected, while the Supreme Court of the
United States is constituted as at present.
But what are the privileges and immunites OF
the negroes in the several States, that make it SO
imperative on South Carolina to open her doors
to them! Connecticut passed statute in 1888
authorisineSany colored person who should
come there to be instructed, to be removed, un
der the act for the admission and settlement o.
inhabitants" In 1907, Ohio passed an act for
bidding the settlement Of negro within her
limits, unless he give bond in the penalty o
$500, with two or more sureties, conditioned
that be will behave and support himself Indi
ana in 1898, Michigan in '27, and Illinois long
previouly adopted the same policy.
New York in l846 refused by large majorit,
Of voters, to confer on negroes the elective fran
chise Massachusetts in l705 in 1886 in 1875 de
clared that no white peson should marry negro
} Indian, or mulatto. Illinois declared all sucl
marriages void, and that the persons so married
should be liable to be whipped, fined and impris
: oned The supreme court of Pennsylvania, il
, 1887, decided that negroes and mulattos were no
entitled to vote, although the privilege was con
e ferred on citizens. In many of the States the
a are not allowed to be witness against whites
e and the disabilities in some of them are NOR
I, severe than those we have mentioned
u These disabilities put upon the coored rae
in most of the States of this Union, show clear
ly that they are generally estimlted as nc
being citizens; designation that belongs /
d our republican freemen. The laws which thu
e. indicate the State view of the civil position an
. rights of the colored race, are many of ther
based on the same principle which lies at th
foundation of the law of South Carolina who's
: constitutionality is questioned. They const
tute an important Legislative Interpretation o
the Constitution in full harmony with the de
: cisions we have referred to. Together, thei
: weight Of authority will be deemed conclusive
by all those who pay respect to decisions made
> by competent tribunals. The Albany Regisiet
regrets that what il calls so respectable pape
, as the Journal Of Commerce, should dispute the
citizenship Of the colored race and their right &c
go into South Carolina among the combustible
: materials Of her slave population. We enter
. tain not only regret, but surprise, that the
I Albany Register should contend that South
: Carolina Is poweress TO prevent such iucursons
and that her population cannot exercise vig
!, lance necessary for their own preservation.
J. s-sy" We find in one of our exchanges an an
Il