The star of the north. [volume] (Bloomsburg, Pa.) 1849-1866, 1857-05-27
q. .aEoT UMBIA COUNTY, PA WEDNESDAY. MAY 1857. -


or teach in any such school or institution, or
10 board or barbor, 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.
10 aninformation under that prov ision sgsiust
Prudence Crandali, filed by the public prose-
culor, II was held by Chief Justice Dagget,,
at the trial in 1888, that free blacks wsre not
citizens within the meaning of the term, as
used 10 the Constitution of The United States"
BY referring 10 the case, as reported, we
find the subjoned forcibl, language used by
Chief Justice Dasgett. Having presented the
act of Assembly under which the information
was made, he asks the question "Does IL
clearly violate the Constitution of the Uniied
States? The section claimed 10 have been
violated reads as follows, to wit: Art. sec.
2 tThe citizens of each Slate shall be entitled
TO all privileges and immunities Of citizens
in the several States,' It has been urged,
that this section was made TO direct exclu.
sively the action Of The general government,
and, therefore, can never be applied to 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 secnred 10
oup own, by our own Stale laws. n
The persons contemplated in this act are not
citizens within the meaning Of that section
of the Constitution OF the United States which
have just read. Let me begin by putting
this plain question: Are siares citizens? At
the adoption ofthe Constitution Of the United
States every State was slave State. Massa.
ekusstts had begun the work Of emancipation
within her borders. And Connecticut, as early
as 1884, had enacled laws making all those
free al the age of %, who might be born
within the State after that time. We all
know that slavery is recognized in that Con-
siiulion and il is the duty OF this court TO
take that Constitution as j. is, for we have
sworn to support it. Although the term 'sla-
very cannot be found written out in the Con-
slilulion, yet no one can mistake the object
of the Sd section of the 4th article: mo per.
son held TO service or labor in one State, under
the laws thereof, escaping TO another, shall,
in consequences Of any law or regulation there
in, be discharged from such service or labor,
but shall be delivered, upon claim Of the
party TO whom such service or labor may be
due.
"The I'd section Of the Ist arlicle, reads as
follows: Representatives and direct taxes
shall be apporiioned among the several States
which may be included in this Union, sccof
ding TO their respective numbers, which shall
be determined by adding TO the whole num-
Der Of free persons, including those bound 10
service for a term of years, and excluding
Ind,ans Eoi taxed, three.fifths Of all other
persons The 'oher persons are slaves, aud
they become the basis of representation, by
adding them TO the white population in that
proportion. Then slaves were moi consider.
ed citizens by the trainers of the Constitution.
y y n
"Are free blaeks cilizensl 1t has been in.
geniously' said, that vessels may be owned
and navigoied by free blacks, and tha, the
american flag will protect ltem 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..
Cpfse, a respectable merchant, has owned
vessels, and sailed them under the american
flag; yet this does not prove him 10 be such
citizen as The Constitution coniempIates.--
But that question stands undecided by any
legal tribunal within my knowledge. n
"To my mind it would be Perversion Of
terms, and The well-known rule OF cons!ruc-
lion, 10 say that slaves, free blacks or Indians
wefe citizens, within The meaning of tha,
term, as used IN the Constitution. God forbid
that should add TO The degradation Of this
race Of men but am bound by my duty TO
say they are no, citizers."-GC,andaa Us. The
State, 10 Connecticut Reps. 243.]
In June, 1897, the same court laid down
a similar doctrine in the decision of a case
adverse to slave, who had been brought
from Georgia to Connecticut Chief Justice
Williams, although deciding that the slave
could not be held in bondage under the
lea loci of the State, was compelled to admit,
in referring to the constitution Of Connecti'
cut, that "Slaves cannot be said to be par
ties to tha, compact, The is speaking Of our
social compact or to be represented in it.
The very definition of 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 he belongs
The master may sell him, dispose ofhis
person, his industry and his labor. He can
do nothing, possess nothing, nor acquire
but what must belong to his mas.
ter So, too, when by another article in
the constitution, all colored persons are ex-
cluded from the privilege of electors, it
would seem as if all such persons were
considered as excluded from the social COM
pact"
And he says further: !
"The 9Th section of the bill of rights (of |
ConnecticuD has also been pressed upon
US; that the people shall be secure in their
per- sons, houses, papers and possessions,
from unreasonable searches or seizures
This is almost transcript to the 4th article
of the amendments of the United States.--i