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

leo ny great oePlu VI i0sSSa, """ "
an admirable clearness and force Of reas-
oning. They arrive Of course at the same
result but travel to II by such different
route. as strongly mark their individuali-
ty and originality of conception. Judge
Davis has succeeded better than Judge
Appleton in the task Of condensation, &C.
cupying not much more than third Of
the space, and yet taking nearly as COM
prehensive view Of the whole subject
We do not however design this remark
as in the least degree disparaging to the
very able opinion Of Judge Appleton
which is invaluable for the completeness
Of its historical argument and the fnllness
of its proofs and precedents. We shall,
when space permits, take occasion to al
lude more at length to these able opin-
ions regretting at the same time our ina
bility to present them entire to our read
ers.
Judge Appleton sums up his opinion
under tn, following comprehensive heads,
viz:
"That free persons Of African descent and
servile origin, being natives, were citizens
under the confederation.
That they were citizens in most of the
States before the adoption Of the constitu.
ton Of the United States;
That they have not been deprived Of their
citizsnship by the constitution;
That the constitution imposes no rcstric-
tions upon the Shte by which any portion
Of i,s native born inhabitants are prohibited
from being citizens; -,
That each State ing sovereign has full
right to determine the political condition
and citizenship Of its nativ, inhabitants;
That the people OF Maine in the exercise
Of their sovereign power have conferred citi-
zenship upon those Of African descent;
That being citizens Of Maine. they are tg
that fact citizens of the United States by vir
tue of that clause In the constitution by
which "the citizens Of each State SHALL DO
entitled to oil privileges and immunities OF
citizens in the several States; Y,
And that consequently having the required
qualifications, they are entitled to vote.'
Judge Davis after ably commenting on
and illustrating the spirit Of liberty every
where prevalent in this country when the
Federal Constitution was framed-eman-
cipation being then regarded as a neag,
desirable and inevitable result, and 70
avowed-closes thus.
with this avowed purpose in view, the
federal constitution was formed. and adopted
BY the peoplo Of the several states. II was
dssigncdly No made as W need no amendment
when slavery sh aid b. abolished. lts priv.
ileg.s were granted to all, without distinc-
ton Of race, UT color. Free colored persons
have always been recognized as citizens un-
der 1t; and they arc entitled 70 the same
privileges und immunites which the consti'
tuition guarantees to other citizens. am
therefore Of opinion that free colored rerson'
of African descent. II burn In Thu country
are citizens of the United States md that
with the same restrictions which apply to
white persons. they are authorized under thu
provisions OF the constitution of this State
to be electors for governor, senators and
representatives
These opinions will add to the charac
ter Of our Judiciary, and will place Maine
in a dignifed and honorable position
among her sister States. The mere diete
of Federal Courts cannot be allowed t.
impair or neutralize the rights and pow
crs Of the different members of the con
fcderacy, nor will they indeed have any
other ultimate effect than "to lead to ;
more determined vindication Of Stat,
sovercignty."- Portland advertiser, @
august l4h.