Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1857-04-14
The Edlet or lhe sIavehoIdins Judiciary.

The Ed5et Of Ghe SIavehoIdinE Judicinry'
There is one point in the late slaye-driving pro-
nuneiamento from the FIVE Southernjudses OF the
Supreme Court, to which we wish more particu-
larry to advert That is, the cool assurance with
which they wish to pass off their excommunica-
ton of one.fourth Of the members of the human
family resident in the country, from the capacity
20 become citizens of this republic, and from the
pale Of humanity ITSELF account of the color of
their skin, as doctrine originating in state CT
public opinion prevalent at the time of the adop-
ton of the federal Constitution. The absurditg
of such an assumption is manifest The follow
ing is an extract from the 4" decision Of the ma
jority of the Supreme Bench, in the bred Scott
case, as given through Chief Justice fancy =
It is difficult at this day to realize the state Of
public opinion respecting that unfortunate class,
with the civilized and enlightened portion of the
world at the time of the Declaration of Inde-
pendence and the adoption of the Constitution:
but history shows they have, for more than acen-
fury, been regarded beings fan inferior order,
and unfit associates for the white race, either
cially or politically, and had rights which white
men were bound to respect; and the black man
might be reduced to slavery, bought and sold,
and treated as an ordinary article Of merchandise.
This opinion, at that time, was fixed and uniyer-
sal with the civilized portion Of the white race.
It was regarded as an axiom in morals, which no
one thought of dsputing, and every one habltual-
ly acted upon it, without doubling for moment
the correctness Of the opinion
The doctrine Of which we have spoken was stri-
kingly enforced by the Declaration OF lndepend-
ence 1t begins thus
When, in the course of human events, it be.
comes necessary for one people to dissolve the
political bonds which have connected them with
another, and to assume among the powers of the
earth the separate and equal station to which the
laws of nature and natures God entitle them,
decent respect for the opinicns of mankind re.
quires that they should declare the causes which
impel them to the separation; and then pro-
ceeds -, We hold these truths to be sel-evident
that all men are created equal; that they are
endowed by their Creator with certain inalenabe
rights; that among these are life, Liberty, and the
pursuit Of happiness That to secure these rights,
Governments are instituted among men, deriving
their just powers from the consent of the govern
ed &c.
The words before quoted would seem to en-
brace the whole human family; and if used in a
similar instrument at this day would be under
stood. But it is too clear for dispute that the en-
shaved African race was not intended to be in
cluded, for, in that case, the distinguished men
who framed the Declaration of Independence
would be hagrantly against the principles which
they asserted. Those who framed the Declara-
ton Of Independence were men of too much honor
education, and intelligence, to say what they did
not believes and they knew that in no part of the
civilized world were the negro race, by common
consent, admitted to the rights of freemen. They
spoke and acted according to the practices, doe.
trines, and nsages of the day. That unfortunate
race was supposed to be separate from the whites,
and was never thought or spoken of except as
property. These opinions underwent no change
when the Constitution was adopted"
The fact, that in eleven out of the original
thirteen States of the Union, their respective
State Constitutions, at the time of the adoption
of the Federal Constitution, made no distinction
of color in their qualification of voters, should be
a sufficient refutation of the absurdity of the
above dictum. But the thing which strikes one
with the most significance, is the pusillanimity
and covardiee displayedby the Judges in attempt
ing to palm off such absurd notions, not as in
ventions of their own, but as having foundation
in the acts or intent of the trainers of the Repub
lie, in the instrument adopted by them for our
own governmental guide.
Truly, as stated by Judge fancy, above, "They
who framed the Declaration of Independence,
were men of too much honor, education, and in
telligence to say what they did not believe, and
he might have added, also, to mean or intend
what they did not say. Truly our fathers in l776
and 1883, spoke and acted according to the prac-
tees, doctrines, and usages of the day." And,
among those doctrines, practices, and usages,''
was one that in eleven out of the thirteen confeder
ated States, no "white" test excluded negroes
from the right Of suffrage. The statement Of
Judge fancy, that That unfortunate race was
supposed to be separate from the whites, and
was never thought Of OF spoken of except as
property" is pure aud unmitigated FIB.