The Washington union., 1857-05-26

that neither
OF persons therein referred to- nor their descendants were
embraced in any of the other provisions of the consttu
hon for certainly these two clauses not intended
to confer ON them their poserty the blessings OF lib
ery or any of the personal rights carefully provided
for the citizen.
No one of that race had ever migrated TO the United
States voluntarily all Of them had been brought here
articles of merchandise The number that had been eman
dpated at that time but few in comparison with
those held in slavery and they identified in the
public mind with the to which they belonged and
regarded part OF the slave population rather than the
nee IL Is obvious that they were not even IN the minds
OF the trainers OF the constitution when they confer
ring special rights and privileges upon the citizens of
State in every other part of the Union,
Indeed when we look to the condition of this in
the several States at the time it is impossible to believe
that these rights and privileges intended to be
tended TO them
1t is very true that in that portion of the Union where
the labor OF the negro found to be unsuted to
the climate and Improbable to the master but few slaves
held at the time Of the Declaration of Independence
and when the constitution adopted il had entirely
worn out in one of them and had been taken
for Its gradual abolition in several others But this change
had not been produced by any change of opinion In rea
on to this race but because it discovered from
percnce that slave labor unsuited to the climate and
productions of these States for of the States where
it had ceased nearly ceased to exist actively
gagged in the slave trade procuring cagoes the coast
OF Africa and transporting them for sale to those parts
of the Union where their labor found to be profitable
and suited to the climate and productions And this tf
it, without reproach from the people of the States where
they resided And it hardly be supposed that in the
States where it was then countenanced in its worst form
that is in the seizure and transportation people
could have regarded those who eancpated ent
tied to equal rights with themselves
And we may here again REFER in support of this propo
son to the plain and unequivoca language of the laws
of the several States passed after the Declaration of
Independence and before the constitution adopted,
and some since the government went into operation
We need not refer, ON this point particularly to the
laws OF the present slavehoding States Their statute
books full of provisions in relation to this class in
the spirit with the Maryland law which we have be-
fore quoted They have continued to treat them as
inferior class and to subject them to strict police regua-
tons, drawing broad line of distinction between the
citizen and the slave and egsatng in relation to
them upon the principle which prevailed at the
time of the Declaration of Independence AS relates to
these States it is too plain for argument that they have
never been regarded part of the people citizens of
the State supposed to possess any political rights
which the dominant race might not withhold grant at
their pleasure And as long ago 1922, the court of
appeals of Kentucky decided that free negroes and muat
toes not citizens within the meaning of the consttu
ton of the United States and the correctness of this de-
cision is recognised, and the doctrine affirmed in
Meigs's Tenn. Reports, 33l.
And if turn to the legislation of the States where
slavery had worn out taken for its speedy
abolition, shall find the opinions and principles
equally fixed and equally acted upon.
Thus, Massachusetts, in 1885, passed law similar to
the colonial of which we have spoken. The law of
white person with any negro, Indian, mulato, and in
icts penalty of fifty pounds upon any who shall
join them in marriage and declares all such marriages
absolutely null and void and degades thus the unhappy
issue of the marriage by fixing upon it the stain of bas
tardy And this mark of degradation renewed and
again impressed upon the race in the careful and delib
crate preparation of their revised code published in 1886
This code forbids any person from joining in marriage
any white person with any Indian negro or mulatto
and subjects the party who shall offend in this respect to
imprisonment not exceeding six months, in the
jail or to hard labor and to fine Of not less than fifty
nor more than two hundred dollars and, like the law
of 1885, it declares the marriage to be absolutely null and
void 1t will be seen that the punishment is increased
by the code upon the person who shall marry them by
adding imprisonment to pec,lniary penalty.
So, too in Connecticut. We refer particularly
to the legislation Of this State because it only
among the first to put end to slavery within Its own
territory but was the first to fix mark of reprobaon
upon the African slave trade The law last mentioned was
passed in October 1885, about nine months after the
State had ratified and adopted the present constitution of
the United States and by that law 1t prohibited its
citizens under penalties from engaging in the trade
and declared all policies of insurance the vessel
cargo made in the State to be null and void But up to
the time of the adoption of the constitution there is
nothing in the legislation Of the State indicating any
change of opinion to the relative rights and position
of the white and black in this country ndca
ting that it meant to place the latter, when Free upon
level with its citizens and certainly nothing which would
have he'd the savehodng States to suppose that Connec
ticut designed to claim for them under the new cons
ton, the equal rights and privileges and rank citizens
in every other State.
The first step taken by Connecticut upon this subject
carly 774, when it passed act forbidding
the further importation of slaves into the State But the
section containing the prohibition is introduced by the
following preamble:
And whereas the increase of slaves in this State n-
furious to the poor, and inconvenent'
This recital would appear to have been carefully intro
duced in order to prevent any misunderstanding of the
motive which induced the legislature pass the law and
places it distinctly upon the interest and convenience Of
the white population the inference that it
might have been intended in any degree for the benefit of
the other
And in the act of 1854 by which The issue of slaves
born after the time therein mentioned were to he free at
certain age the section is again introduced by pre-
amble assigning similar motive for the act 1t is in
these words:
Whereas sound policy requires that the abolition of
slavery should be effected may be consistent
with the rights of individuals and the public safety and
welfare showing that the right of property in the
policy and to prevent the injury and inconvenience to
the whites, of slave population in the State.
And still further pursuing its legislation find that
in the statute, passed in 1774 which prohibited the
further importation of slaves into the State there is also
provision by which any negro Indian or mulatto SER
want who was found wondering out of the town place
to which he belonged without written pass such as is
therein described made liable be seized by any
one and taken before the next authority to be examined
and delivered up to his MASTER who required to pay
the charge which had accrued thereby And subsequent
section of the same law provides that if free negro
shall travel without such pass and shall be stopped
seized taken up he shall pay all charges arising there
by and this law in full operation when the constitu
Init Sfaf,.