The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-08-28

The question OF the legal condition and status of the
free coloed population at the North has been much dis
cussed in those States where constitutional conventions
have been lately held constitutional reforms agated
II is evident that the main of public sentiment
has been for time setting strongly against the in
crease the continued presence, of the black
in the non -slavehollng sections Of the country.
The recently formed constitution of the State of Indi-
ana has the following stringent provisions the subject
"SEc l. No negro maa.o shall come into settle in
this State after the adoption of this constitution
"SEc g. All contracts made with any negro mulatto
coming this State contrary to the foregoing section
shall be void and all persons who shall employ other
encourage such negro muatto to remain in the
shall be fined in Of not less than ten dollars
nor more than five hundred dollars
"SEc g. All fines which may be collected for a violation
of the provisions of this article. any law which may
be passed for the purpose OF carrying the
into execution shall be set apart and appropriated for the
colonization OF such negroes and muartoes and their de-
may be in the State the adoption of this
constitution and may be willing to emgrate.
"SEc 4 The general assembly shall pass laws carry
the provisions of this article"
Upon these enactmens the Albany State Register re.
m arks:
"We inclined think these provisions are in con.
act with the of the United States and that In
diana exclude the free colored ctzens' of New
York from her borders Some such idea have
haunted the minds Of the Indiana convention and therefore
instead OF imposing penalties the negroes, they make
all contracts which the whites may enter into with them
void and fine those who employ encourage them
main in that State But that is hardly allowing the c
of each State all the privileges and mmuniles c
the several States required by the
the Union If in this then the constitution
of Indiana is obnoxious the objections
of South Carolina which exclude free blacks. laws
of Vermont which attempt to annnl the jurisdiction of the
United States and authorities, and the
to State tribunals We have been surprised find this
IndtAn snnfrop naflv nNp,tto
Scarce mumur has been breathed against it, To our
mind the almost general acquiescence in its perpeua-
ton, as well as its adoption by overwhelming ma
jori,y, proves that runaway slaves likely find
pleasant homes In northern States We have litlc doubt
that ory Of the people OF those States would sanction
enac,men similar those Of Ind iana ing the
valorous professions OF aboioni.m currently made Ii
becomes question, therefore, in view OF this OF pub
lie sentiment, whether there is any such babarity after
all, in returning fugitive slaves to their They
treated with as much kindness and nsideraon by them
free negroes likely receive In free States where
they not recognised as citizens, hardly 1t
is very clear that 'phanhropsts they term them
selves will have devise other mode OF dposing of
slaves besides stealing them Tor northern asylums"
The above observations OF e Register as to the bear
ing OF such legislation that of the State Of Indiana
upon the whole aspect OF the fugitive slave question: are
alike true and important Blu, the opinion suggested by
the Register to the conflict between the constitution Of
Indiana and the constitution Of the United States on the
point referred to- appears to be moi well founded The
provision upon the subject in the federal constitution
reads as follows:
ARTICLE w-SKc. 2 The citizens OF each State shall
be entitled all privileges and mmuncs OF citizens
the several States"
seems clear enough that the citizens" referred to in
this clause citizen, Of the United STATES These when
residing in any State, declared to be entitled TO the
privileges and immunites enjoyed by citizens in other
States The whole question is, then, Are free negroes
citizens Of the United Safes7 On this question there has.
we believe, been some conirariety OF decision. The
first decision made think, in Connecticut. and,
remember, wholly denied to the free negro the
character OF citizen of the United States The State
courts Of Kentucky have adopted the view and il
would, doubtless be generally held TO be the law through
on, the ssvehoding States. and not improbably many
mos, Of the non-slaveboldng States The point has
not. believe, ye, been passed upon by the Supreme
Court Of the United States.