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

eotdUiieu ANY sCuoot Ut Iiefhfy lUtutuuOu iH
lha, State, for the instruction of colored per-
sons not inhabitants of the State, or TO instruct
or teach in any such school or institution, or
10 board or harbor, for that purpose, any such
person without the previous consent in wri.
ting, Of the civil authority of the town in
which such school or institution might be.
In an information under that provi ison sgsinst
Prudence Crandali, filed by the public prose-
culor, it was held by Chief Justice Dassett,
al the trial in 1888, that free blacks were not
citizens within the meaning of the term, as
used in the Constitution Of the United States"
BY referring to the case, as reported, we
find the subioined forcib, language used by
Chief Justice Daggeu Having presented the
act of Assembly under which the information
was made, he asks the question "Does IL
clearly violate the Constitution of the Uniled
States The section claimed 10 have been
violated reads as follows, 10 wit: Art. 1 sec.
Q The citizens of each Slate shall be entitled
10 all privileges and immunities of cilizens
in the several Slates,' II has been urged,
that this section was made to direct excu.
sively the action of The general government,
and, therefore, can never be applied 10 State
laws. This is not the opinion Of the court.
The plain and obvious meaning Of this pro-
vision ia to secure 10 the citizens of all the
States the same privileges as are secured to
our own, by our own State laws.
The persons contemplated in this act are not
ciIizens within the meaning Of tina, section
of the Constitution of the United States which
| have ju-l read. Let me begin by putting
this plain question: Are sidUes cilizensf AT
the adoption of the Constitution OF the United
States every State was a slave State. hassa.
ehuSetts had begun the work Of emancipation
within her borders. And Connecticut, as early
as 1884, had enacied laws making all ihoss
within the State ailer that time. We all
know that slavery is recognized in that Con-
silulion and il is the duty OF this court 10
take that Constitution as it is, for we have
sworn to support it. Although the term 'sa-
! very cannot be found written out in Tue Con-
! sliluion, yet no one can mistake The object
oil the 81 section OF the 4h article: NO per-
son held TO service or labor in one Stale, under
the laws thereof, escaping to another, shall,
in consequence OF any law or regulation there.
ia, be discharged from such service or labor,
but shall be delivered, upon claim OF The
party 10 whom such service or labor may be
due.
"The 2d section of the lst urlicle, reads as
follows: Representatives and direct lsxe;
shall be arporioned among the several States
which may be included in this Union, accor
ding 10 their respective numbers, which shall
be determined by adding 10 The whole mum.
Der Of Tree persons, including those bound 10
service for a term of years, and excluding
Indians rot taxed, lhree-lihhs OF all other
persons The 'olhe. persons are slaves, and
they become the basis Of representation, by
adding them TO the white population in tina,
proportion. Then slaves were moi consider.
ed citizens BY the trainers of The Constitution.
care free blacks clizens, |, has been in.
geniousy said, that vessels may be owned
and navigaled by free blacks, and lha, the
american flag will protect item but you will
remember that the statute which makes this
provision, is an act Of Congress, and not the
Constitution. Admit, if yon please, that Mr.
C.Gee, a respectable merchant, has owned
vessels, and sailed Them under the american
flag; yet this does moi prove him 10 be such
a citizen as the Constitution contemplates.
But that question stands undecided by any
legal tribunal within my knowledge.
"To my mind ii would be a Perversion OF
terms, and The well-known rule OF cons!ruc-
iion, 10 say that slaves, free blacks or Indians
were citizens, within The meaning Of that
term, as used IN the Constitution. God forbid
that should add 10 The degradation Of this
race Of men but am bound By my duty 10
say they are not cizers."-[ C,GndaU Us. The
State, 10 Connecticut Reps. 2i3.]
In June, 1897, the same court laid down
similar doctrine in the decision of a case
adverse to slave, who had been brought
from Georgia to Connecticut. Chiel Justice
Williams, although deciding that the slave
could not be held in bondage under the
lea loci OF the State, was compelled 10 admit,
in referring 10 the constitution OF Connecti'
cut, that Slaves cannot be said to be par
ties to that compact, The is speaking OF ou'
social compact or to be represented in it.
The very definition of a slave, as given in
the Louisiana code, shows, that he could
not be contemplated as party to nation
al compact A slave is one who is in the
power of master 10 whom ne belongs
The master may sell him, dispose fhis
person, his industry and his labor. He can
do nothing, possess nothing, nor acquire
anything, but what must belong to his mas
ter So, too, when BY another article III
the constitution, all colored persons are ex-
cluded from the privilege of electors, 1t
would seem as if all such persous were
considered as excluded from the social COM
pact
And he says further
1 ! -