The daily union. [volume] (Washington [D.C.]) 1845-1857, 1857-04-14


the citizens every free of the age of wentyone years
having resided in the State years before the election
and having within that time paid State county tax
shall enjoy the rights OF an elector.'
Mr. Chief Justice Gibson delivered the opinion Of the
CONT.
After stating that the question had been decided against
the plaintiffs as early as lT9b he proceeded to lay down
the doctrine from usage and prior legislation that free
groes not free described in the above constt-
tiona provision.
But (sad he) in addition TO the INTERPRETATION from
usage this anteceaent legislation furnishes other proofs
that colored party 10 compact AS was
justly remarked by President Fox in the of the
late contested election ancestors settled ths pro-
vince as community of white men, aud the blacks
were introduced into it as race of slaves whence
conquerable prudice Of CASTE which has down TO
our day insomuch that suspicion of faint has the
just effect Of sinking the subject Of il below the comon
level Consistently with this prejudice is it to be credited
that parity Of rank wonld be allowed to such race Lei
the question be answered by the statute of 72G which
denominated it an idle sothnl people; which directed
the magistrates to bind out free negroes for azness or
vagrancy; which forbade them to harbor Indians nulat
toes slaves under pain OF fine deal with slaves
unde pain of stripes which annexed to the Introduction
Of marriage to whites the penalty of slavery which pun
ished them for tpplng with stripes, and white
person with servitude for ntermarryng with negro Ii
freemen in political sense were subjects of these cruel
aud degrading oppessons what must have een the lot of
their brethren in Bondage have hoght il fair to treat
the question it stands by municipal regulations
without illustrations from those of other States where the
condition of the has been favored Yet II is prom
say that the section two Of the fourth article of the fed
eral constitution presents obstacle to the political free
nlembered that citizenship well freedom is cons
1uonal qualification and how it could be conferred so
to overbear the laws imposing countless disabilities an
him in other States is problem Of difficult solution In
this aspect the question becomes of intent but Of
power and Of power doubtful forbid the exercise
of it Every must lament the necessity of these dsa-
bes but slavery is to be dealt with by those whose ex
stence depends the skill with which 1t is treated Com
slderaons Of mere humanity however belong to class
with which judges have nothing to do and interpreting
the constitution in the spirit of institutions are
bound to pronounce that men Of color destitute of the
title OF the elective franchise"
Let US take view Of the legislation of Congress-
upon this subject BY the constitution Of the United
States Congress has the power o estabisha uniform rule
of naturalization throughout the United States and to es
absolute in Congress They not concurrent in tie
several States. No State legislature touch these sub
jscts.
Various Congress have been passed upon the sub
ject Of naturalization of which drawn and dis
cussed by the same persons who had aided in the framing
and adoption of the constitution, and it would seem
reasonable TO conclude that the rule thus established was
granted.
By reference TO the legislation Of Congress, it will be
that they only extend the privilege OF naturalization
to he persons The language Of the passed in 1890
is "Any alien, being free whitc person, may become
citizen sc. The next net passed 1885, says Any free
Wh person may become &c and in the subsequent acts
OF los 1902 1875 and 1924 the precise language is
| used
If free negroes citizens at the tae of the adoption
of the constitution Of the United States in the meaning of
that instrument it is plain that Congress has wrunguly
failed to provide for the naturalization of foreign free
who may have come into the United States since
We find that Congress has also marked this distinction
OF color in the post Office laws for it is provided that
of color be engaged in the post Office in the
transportation of any mail NATTER
may now properly make the inquiry, how do we find
that this question has been treated at the North We find
the legislature Of Connecticut declaring it injury for
free negroes come into that State and providing
penalties to prevent them from doing that they are
stgmazed by the legislatures Of almost all the northern
States essentially degraded, vagabond race that
marriages between them and whites prohibited under
tinpnt adtuern
marriages when not absolutely prohibited by statute are
regarded shocking 10 taste and decency amount TO
they amount TO common nuisance that such marriages
are void because OF the ncompeency OF free negroes
ter into such contract To all which Chancellor Kent
northern man, has fully committed himself.
Now let ask these disabilities not utterly incou-
sistent with the rights of ctzen2 How one labor
ing under such disabilities be citizen? Take then the
opinions of the superior court of Connecticut by c. j.
Daggett and the supreme court of Pennsylvania by c.
Gibson which free negro solenny adudged not to be
cdzan as mentioned in the constitution OF the United
States, in which Chancellor Kent ia quoted as authority
and fully approved then the prohibition hy Congress
against that serving in the Post Office Department
and the failure extend to them the rule Of
all Of which placed upon the ground of the degradation
of the These considerations conclusive to INV
mind haa free negro not citizen and therefore
not sus in the circuit court Of the United States
1t may be proper say there authorizations
by the supreme Of the slave States deciding this
question in the way, but have not referred them
particularly preerring to rely northern authority in
regard to which it could not be sad the unduy
influenced by the institution of slavery will only make
general reference to them Lttells Reps 334, Megs
Reps 33l; Georgia Reps 6s Englsh's Reps. 500
now proceed to examine the second proposition that
Scott, being slave in Missouri and having been taken
thence into free State Territory and thence returned
into slave State, his former condition Of slavery
tached TO him.
This question appears to have been mooed in England
some considerable time prior to the year IT4o
From early period until nearly the end OF tho last
century las informed by Lord Stowe in his opn-
ion in the of the slave Grace negro slaves inn
ported into England and publicly sold at tho Exchange
London and other public places OF resort that those saes
the personal traffic of slaves England had been as public
and as authorize in London MS in any OF the West India
islands the purchasers thereof sending them to their pos
sessions in the colonies and islands Of Great Britain.
Large sums of money employed by the merchants
OF London in these operations and the validity OF such
transactions having been drawn in question: the subject
referred to Lord Talbot Attorney General and Mr.
Yorke Solicitor General, for their legal opinion.
They gave it their opinion that slave coming from
the West Indies either with without his master Great
Britain doth not become free and that his masters prop
erty right in him is not thereby determined or varied
and they also Of the opinion that the master might le
gay compel him TO return the plantations and they both
pledged themselves to the merchants of London to
them harmless from all inconvenience the subject;
which pledge afterwards confirmed by similar judg
pronounced in l49 by Sir Philip Yorke then Lord
Chancellor ardwicke sitting In the court of chancery,
Both of these persons great men in the Ape In
which they lived and Lord Mansfield admits that they were
great in any age
This held to be the law in England ntl the decis
ion of the Of Summerse by Icrd Mansfield in If7I
twenty-five years after the judgment OF Lord Hardwcke
above referred to- And ne case OF Summerset ia The ono
particularly relied uon by abolionis propose TO take