New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-17

The ve q, known AIts-Ssvsry character Of Pelasyi-
ysrs :. to-, esiy period. sFc-i. peso nVtye sy'-
5e.cets. L be- p-eycrs Cors;tution, f5ie I'D IN,
-le-e were 10 dtinctcrs If coier a-ols her vo.ers
Ifs!eEsre u cer tue I'D Roys. Charter 4 sourse
r. -op'iro. have nai sry
q. or-G.-CoI stud : a. :cT.-si and amended MAY
90 lieS.
,laI h CITIZENS ard Inhabitants Of this S'ats shall
lave attained the sge Of twenty ore years sni have
ps:o o. ;s1es which nay hsve been required OF them
trd witch they msy have had az opportunity Of pay
iDy sereeaby 10 law FOX tie year precedicg the eec.
ton a.6 shsn have Iesded siI months within ths
Coz, y, &c i Ar 1. Ssot. |.
II TIE Constitution ifo-. this revision aud mend
nent lad recognized distinctions Of color n voters
j. barely probable tha,a change ip direction would
have been mace IN 1893. But il II were So tde fac,
would inoicste progress of sentiment directly in op-
position to the cher ,hed theories of Judge Tsrey.
THIRD CLASS States krorr 10 hare been Ett0pl GTg
Sfote Continuous, IN 1852 rhen u, Fcicra!
Con,t,ttion ra, formed, and con,equeatly ie5arred
IL fIe.r organic lar. rBE EscLIsH CHARTERS, from
making any distraction of color N qpaI,fc1'lons 81
rG1s.
Tttse were Rhode Island and Connecticut. From
Their Fl sl.,h Charters The Colonial Legislature, de-
riv,d theu authority 10 legi-lste aud could more
cortravere them than tie State Legislatures now
centIaveLe their State Consti utoEs. On assuming
heir Independence, they indeed stock off ther De.
te1dence upon old Charters, as such but in the ab-
serce Of aDy State Constitutions regularly formed and
recosuzed tine old Charters were by common consent
regarded as 61rg the boundaries OF legislative action
es terg Constitutions 10 fact, or as staoditg 10 the
place OF btm 80 that any Legislation contrary to them
would have been set aside by the Courts.
Rho9e Island.-The Charter granted By King
Charles H. il the fourteenth year Of bis reign In Ibis
az IN Il ether Colonial Charters, the right Of the c.
onis Government therein constituted 70 'egtsate was
restricted in these words
50 a, such lars, ordinances and constitutions so
made be contrary and rtpugadnt unto. bW as near
may Be agreeable 70 The lars Of i', our realm Of
There sball be ere Governor one Deputy Gov
shd Ten assistsrt. 10 be from time 10 time con
siiutd, elected and chosen oct of the roemea OF le
esiG company, Tor The inc being.
There is no mention Of color in the instrument The
fact that neerCes voted In Rhode leland under this
Chatter, il beyond dispute.
Connecticut Vas under a similar Charter until 1918,
when the 6pt State Con,,itutton was formed have
no copy of it at hand. But the fact is notorious that
ctored men voted under this Chsrter so long it
tinued.
Tie Constitution Of 1870 as found in G ales & Sea-
ton collection, provides that
IAN pc sols who .hsl have been or who shall here.
aiitr previous 10 the ratification OF this Coastu oG,
be admitted frttmep, according TO The existing laws OF
ttis State shall be electors
This would Of course, include the coored voters al.
mitted unGer tho old Charter. But the admission of
colored freeeu ters there after, excluded by
AIT o. Sec , which says: Every white male citizen
OF tie Urited Statss &c. This precautiou indicates
the previous admission Of colored yotep-a fact that
cspIot be questioned.
So We may put down Rhode Island and Connecticut
as ascertained to have has no laws excluding cocred
persons from voting until ong time after the Federa
Cor sti'ution was formed.
This disposes of elere, out of the thirteen original
States ard rsIks them on the side of negro suffrage in
1879, notwithstanding Jude. Tame, assertions
FO.kTH CLASS Stats 0sccyto'nci 10 hare hat
(,cL,tL,r avfhoy,-cd by Con1itUtioDs oihcrw'se/
diJipct,on, e,cluJing ooortd rotccs IN 1853
There are Delaware ard South Carolira.
Delaware appears 10 have been without any State
Constitution until June, 1892 l have been unable to
fpd any earlier II she had previously, then
her enactments excluding co.ored voters, 10 1873,
must have been ret only without but agan, autholS,
az she n us have been under English cnarter, ike
those of Connecticut and Rhode Island, which would
have rendered her Legislative distinctions Of color
1ugatory. That DtlawNe hal such enactments sp-
ptsIs from a sta emeut Of the Hoo. Willard Hal, Sec
retary of that State, who ssys:
The fst statute Of this st ,,e defnpg the condition
of manuu ited slaves was passed Feb. 3 1877. The
words used are:
Ono slave mar united agreeaby to the Laws Of this
State &C. or the s,ue of any such slave shsl be en-
iitled TO the privilege Of voting at cleo ions
INFER from The fact Of this legislative enactment
that no State Constitution then existed, containing
such definition otherwise, the statute would have
been superfLou,. OF the condition of free cOlored
men before this enactment Mr.. Hall says:
The Eesro color berg black, this color was deemed
eycerce Of the conoiicn Of slavery Originally sod
this COlor and spy mixture Of it, while It could be dis
tipguietec excluded from Il e right OF suffrage, aud
fr m the privilege Of being elected. Such wa, the
rratfce. resting upon common law, IN tnls partcu'
Common law in favor Of distinctions Of color
Thi. account ccrrns the impression that no consttu
tio1al provision authorized the eXclu-ion of colorsd
voter; ard that the common law Of an old Easli.h
chatter wss violated by the practice.
IL the Constitution of Delaware OF l'F!, the phrase
"evtry sh,te citizen is inserted.
We may dismiss Delaware, with strong doubts OF
Ter bsyirg had in her organic law any authority for
her exclusion Of coUled voters in 1879 Abuses are
rot law.
Sesh Ca,oi,na. = Constitution formed in 1870, one
year after the Federal Constitution went into operation
IL tn. Constitution fnd the following
Every rec ei,'e man, Of the age Of twenty'onee
years being citizen Of this State, &c, suau
tsve iieht TO vote" &c.
Bat this does not settle ID. question of tue position
Of South Carolina in 1879.
/ ftd further information, however, from ano'n''
HurCe nsmely: Statutes at Large Of South CaIohna'
tdittc under sltLcrity Of the Le ga'ure by rooma
cooper, &c; printed By A. 5. Johnson Cna'ie''
ION S. c 1886.
From THE learn that 10 1868, aud again in loo,
S.rth Car,lira re,eived ROYAL Charters similar 10