Mineral Point tribune. [volume] (Mineral Point, Wis.) 1854-1858, 1857-03-31

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negro race. by common consent, admitted
to the rights of freemen. They spoke
and acted according to the practices, doc
trines and usages of the day. That un-
fortunate race was supposed to be sepa-
rate from the whites, and was never thot
or spoken of except as property. These
opinions underwent no change when the
Constitution was adopted. The preamble
sets forth for what purpose and for whose
benefit it was formed. 1t was formed bv
the people-such as had been members of
the original States-and the great object
was to 81 secure the blessings of liberty
! to ourselves and our poSterity." 1t speaks
in general terms of citizens and people of
the United States when providing for the
powers granted, without defining what
description Of persons should be included,
or who should be regarded as citizens
But two clauses OF the Constitution point
to the negro race as separate, and not re-
| garded as citizens, for whom the Consti-
tuition was adopted. One clause reserves
| the right to import slaves until 1908, and
in the second the States pledge themselves
| one to another, to preserve the rights of
! the master, and to deliver up slaves esca-
! ping to their respective Territories. BY
the first clause the right to purchase and
/ hold this property is directly sanctioned
and authorized by the persons who framed
the Constitution, for twenty years and
the States pledged themselves to uphold
( the right of the master as long as the
Government then should endure And
! this shows conclusively that another de-
/ 1f, 4,
other provisions of The Constitution
These two clauses were not intended TO
! confer upon them or their posterity the
blessings of liberty so carefully conferred
upon the whites. None of this class ever
emigrated to the United States volunta-
rily. They were all articles or merchan-
/ die. The number emancipated was few
as compared with those who were held in
| slavery, and not sufficiently numerous 10
| attract public attention as separate class,
and were regarded as a part Of the slave
population, rather than free.
1t cannot be supposed that the States
conferred citizenship upon them; for all
those States at that time established police
regulations for the security of themselves
and families, as we'll as Of property. In
some minor cases there were different
modes of Trial, and it could not be sup
posed that those States would have formed
or consented to a Government which abol-
ished this right and took from them the
safeguards essential to their own protec-
ton. They have not the right 10 bear
arms and appear at public meetings to dis
cuss public questions or urge measures of
reform which they might deem advisable
They cannot vote at elections or serve as
jurors, nor appear as witnesses, where
whites are concerned. These rights are
secured IN every State to white men. 1t
it is impossible TO believe that the men Of
the slayehoIding States who took 50 large
a share in the formation Of the Constitu-
ton, could be so regardless of themselves
and the safety of those who trusted and
confded in them.
JUDGE CURTIs gave his reasons for
dissenting from the majority of the Court.
The question Is, whether a person Of At
rican descent be a citizen Of the United
States. The Constitution uses the Ian
guaCe, . citizens of the United States at
the time Of the adoption of that instru-
meut-referring to those who were citi-
zens under the Confederation. 1t NAV.
therefore, be safely said, the citizens of
the several States under the Confedera-
ton were citizens of the United States
under the Constitution. It IS fact that
all the free native born subjects Of New
Hampshire, Massachusetts, New York
and North Carolina, descended from the
African race, were not only citizens, but
! possessed the franchise of electors on equal
! l. fTh,c,
| coIored persons were not only included
with the body of white persons in the
adoption of the Constitution, but had the
power to and did act IN It's adoption. I'm
/ der the Constitution, every free person
! born on the soil of State, and made a
citizen by force of its Constitution and
| laws, is a citizen of the United States
Having stated the ground of his opinion,
and explained the provisions of the Con-
stitution, he said that every citizen at the
time of the adoption of that instrument
was SO recognized, and no power was
( conferred to discriminate between color.
or deprive any one of his franchise. Il
is not true, in point of fact, that the Con-
stimtion was made exclusively by and for
white people. The preamble openly de-
clares that the Constitution was formed
/ in order secure to the people of the Uni
ted States and their posterity the bless
/ ings of Liberty; and as for the colored /
/ citizens. IN five of the States they were
among those for whom the Constitution
was ordained and established. Color, in
the opinion of the trainers Of the Con-
s,itution, was not necessary to constitute
/ citizenship under the Constitution of the
/ United States; and it might be added,
that the power to make colored persons
citizens has been acted upon in repeated
! instances-in the treaties with the Choc
J taws. the Cherokees. and that of Gauda
lupe Hidalgo, 1S4S. And he arrived at