The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-08-21

for members Of the senate or house Of COM
MONS" .--.--4--,---.---
In the case of State .. Manuel, decid-
ed by the Supreme Court Of North Caro-
lima, in 1888, Cd Dew. & Bat, 20, Gas
TON, j., in very elaborate opinion Of
the Court, usesthe following language:
"Before our Revolution. all free persons
born within the domlnions Of the King Of
Great Britain, whatever their color or com
plexion, were native born British subjects !:
those born out Of his allegiance were aliens.
Slavery did not exist In England, but 1t did
exist IN the British colonies. Slaves were
not in legal parlance persons, but property.
The moment the incapacity or disqualification
Of slavery was removed. they became persons,
and were then either Britil Ipakjeuts or not
British subjects, accordingly fAhey were
or were not born within tho p4tance Of
the British King. Upon the RSV6lution, no
other change took place In tho law of North
Carolina than was consequent upon the
transition Of colony dependent on an
European King, to free and sovereign State.
Slaves remained slaves. British subjects In
North Carolina became North Carolina free
men. Foreigners, until made members Of
tho State, continued aliens Slaves manu-.
mitted here become freemen-and therefore
II born within North Carolina, are citizens
Of North Carolna-and all free persons born
within the State, are born citizens Of the
State"
Again, he says:
"That constitution [l776l extended the
elective franchise to every freeman who had
arrived ut the age Of twenty y-one, and paid q
notoricty tina; under it, Tree persons without
reg ..rd to color. claimed and exercised the
franchise until 1t was taken from FREQ men
Of color, lew years since, by our amended
constitution"
The soundness of the doctrine of this
opinion has since been recognized by the
same Court in the case Of State Us. Neo-
som, 8 Ircdell, $50.
Sect. 9 of ch. of the constitution Of
Massachusetts,, adopted in March, 1850,
reads MS follows:
1.-The Senate shall be the first branch Of
the Legislature and the senator's shall be
chosen in the following manner, viz: there
shall be u meeting on the first Monday in
April, annually, forever, OF the Inhabitants
vi each town in the several counties in this
commonwealth, to DO called by the select.
men, and warned in due course Of law, at
least seven days before the first Monday in
April, for the purpose ot electing persons to
be senators and councillors and at such
meeting every male inha oitant Of twenty.one
Years vi age and upwards, having freehold
estate, within the commonwealth, OF the an.
nual income OF three pounds, or any estate
vi the yalue Of sixty pounds, shall have o
right to give in his vote Tor the senators for
the district OF which he is an inhabitant.-
And u Remove oil doubts concerning the
meaning of'the word 'inhabitant, in this
constitulIon, every person shall DO consider
I'd an inhAbitant, for the purpose OF eiectinS
and being elected into any office, or place
within tho state, 10 that lowns district, or
ptintatiUn, where he dwelleth, Or hath his
home.
Slavery has not existed in Massachu-
setts since the adoption OF the constitution,
in 1880. Com. .. .ipes, lS Pick, l03.-|
And from that day to the present, those
free men of African descent, who possess
ed the qualifications required OF white
citizens, have enjoyed the ri hts OF the
elective franchise IN that State.
The constitutions OF other States, adopt
cd before and since the formation OF the
present federal government, contained
provisions equally broad and liberal, with
reference to the right ofvoting, as those
from which we have already quoted
while in Others of the thirteen States
which originally composed the Union, the
right of voting in the general elections
was confined to "iree male white citizens
The same formula of words is also used
to limit and define the rights OF electors
in several of the constitutions OF States
which have been created and admitted
into the Union since the constitution OF
the United States was adopted, and also
in sundry laws passed by Congress under
the constitution. Whether this form OF
words does not carry the implication that
"citizens" exist who are not phife, we do
not deem it important now to consider
nor do we deem it essential to pursue tins
branch of our inquiry further at this
time.
Such was the condition OF fittings in ls-
90, when Maine, then constituting part
of the State of Massachusetts,, was erect
cd into new and independent State, and
her citizens, after having lived under the
constitution OF 1850, Tor period OF forty
wears, formed the constitution under
which we now live. The convention
which formed that constitution was COM
posed of our most intelligent and iniluen-
tial citizens. Every important provision
in that instrument was closely scrutinized
before it was adopted. Nor did the sec
ton which prescribed the qualification OF
electors, pass unchallenged. When that
section was under consideration, Mr..
VANCE, of Calais, moved to insert the
word Negroes" after the words "lndians
not taxed"
Mr.. HOLMES said:
"rhe Indians not taxed were excluded,
not on account Of their color but OF their po'
litic..l condition. They are under the pro,
lection OF tho State, but they can make and
execute their own laws. They have never
been considered members of the body polite.
But I know of no difference between the
rights of the negro and the white man =
God Almighty has made none = our Dec
laration OF Rights has made none. That
declares that .ali men (without regard to
colors) ARE born equally free add indePend-
ent. :"
.Mr. Vance and DR.. Rose spoke In favor.
Of the motion, but it did not obtain Per.
iey's Debates, p. IS.
From the adoption Of the constitution
to the present day, it Is believed there
has been no instance in the State in
which the right to vote has been denied
to any person resident within the State
ON account OF hi, color.
In view OF these facts and cons'dera-
tons, we are of the opinion that our con-
stitu,ion does not discriminate between