The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-05-27

y
stitution of the United States speaks of
sWE The People - to secure the bless
ings..of liberty to ourselves and our poster
ity, do ordain and establish this constitu-
tion,' il cannot be seriously commended, that
it included that class of people called
slaves; and the term people, in ithe bill of
rights, must have been used in similar
sense. The sth section of the bill of rights,
then, cannot be intended to include slaves.
"The 10th section of the bill of rights also
provides, that mo person shall be arrested,
detained, or punished, except in cases
clearly warranted by law And under this
the petitioner rests claim. But this only
brings us back Ito the question, What de-
tsntions are warranted by lawa If the
power of master over his slave is one re-
cognized by law, then this article in the
bill of rights cannot affect the question be-
fore the Court. And while this solicitude
for personal liberty manifested in the Con.
stitution, makes it our duty TO inquire, with
great care, whether this detention is clearly
warranted by law, well feel bound to de-
clare, as the result of our examination of
the constitution OF this State, that is pro-
visions do not, and were not intended, to
vary the relation of master and servant, as
by law established, at the time of the adop-
ton of that instrument And in this opin-
ion the court are unanimous" (Jaekson vs.
Bullock, 10 Connecticut Reps. 43.)
In Pennsylvania, also, it has been deci.
ded that free blacks were not citizens un-
der our former constitution and laws. In
1895 it was held by the Supreme Court of
this State, <before theaadoption Of our pres
ent constitution, which contains a..restric.
tive clause upon negro suffrage, and when
the question might have been a mooted
oue,) that free persons of color did not full
FL the requirements necessary to constitute
qualified elector. aad that they did not
come up TO the standard of citizenship as
prescribed by our laws, or the Constitution
of the United States. The case came before
the Supreme Court of Pennsylvania on
suit instituted by free negro against the
officers of an election for denying him the
privilege Of voting for State officers. The
opinion of the Court was delivered by
Chief Justice Gibson, and is marked with
that peculiar vigor of thought and express
sion which characterizesall the productions
of that eminent Judge. In his analysis of
the case he informs us that "About the
year 1875, as ] have it from James Gibson,
Esq, of the Philadelphia bar, the very poiu,
before us was ruled by the high court of
errors and appeals against the right of ne
gro suffrage"
After establishing the doctrine that free
negroes according 10 usage and prior legis-
lation were not freemen within the purview
of our constitution, he adds:
''But in addition to Interpretation from
usage, this antecedent Legislation furnishes
other proofs that no colored race was party
TO our social compact. AS was Justly re-
marked by President Fox, in the matter of
the late contested election, our ancestors
settled the province as community of
white men; and the blacks were introduced
into it as race of slaves; whence an un-
conauerable prejudice of caste, which has
come down to our day, insomuch that a
suspicion of taint still has the unjust effect
of sinking the subject of it below the COM
mon level. Consistently with this preju-
dice, is it to be credited that parity of rank
would be allowed TO such race? Let the
question be answered by the statute of
1925, which denominated it an idle and
slothful people; which enjoined the magis-
trates TO bind out free negroes for laziness
and vagrancy; which forbade them to har-
Dor Indian or mulatto slaves, on pain of
punishment by fine, or to deal with negro
slaves on pain of stripes; which annexed TO
the inlerdict of marriage with white, the
penalty of reduction TO slavery; which pun
ished them for tippling, with stripes, and
even white person with servitude for in
termarriage with negro.
"I have, thought it fair to treat the ques-
ton as it stands affected by our own munici-
pal regulations without illustration from
those of other States, where the condition of
the race had been still less favored. Yet 1t
is proper to say that the second section of
the fourth article of the Federal Constitution,
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 freedom, is constitutional qualifi-
cation; and how il could be conferred so as
10 overbear the laws imposing countless dis
abilities on him in other States, is problem
of difficult solution. In this aspect the ques.
tion becomes one, not of intention, but of
power; and of power so doubtful as to forbid
the exercise oft. Every man must lament
the necessity OF these disabilities; but sIa-
very is to be dealt with by those whose ex-
istence depends on the skill with which it
Is treated. Considerations of mere humanity,
however, belong TO class with which, as
Judges, we have nothing to do; and inter-
preting the Constitution in the spirit of our
institutions, we are bound to pronounce that
men OF color are destitute of title to the elec-
live franchise. (hobbs ct al. Us. Fogss,
Watts, 555)
In controversion Of the spirit Of these au-
Ihorities, the majority OF the committee
cite several cases to support their position,