The Union and eastern journal. [volume] (Biddeford [Me.]) 1854-1858, 1857-03-20

we hold these truths to be selc.cvident-
that all men ore created equal that they
are endowed by their Creator with certnin
inalienable rights; that among th-s nre
life, liberty, and the pursuit Of happiness.
That to secure these rights, Governments
are instituted among men, deriving their
just powers from the consent OF the govern
ed &c. The words before quoted would
seem to embrace tho whole hum.n family |;
and If used in similar instrument ut this
day would be 30 understood. but il Is too
clear for dispute that the enslaved African
race was not intended to be included, for,
in that case, the distinguished men who
framed the Declaration Of Independence
would be fagrantly against the principle
which they asserted. They who framed the
Declaration of Independence were men Of
too much honor, education and intelligence,
to say what they did not believe and they
knew that In no part Of the civilized world
were tho negro race, by common consent,
admitted " the rights Of freemen. They
spoke and acted according to the practices,
doctrines and usagcs Of the day. That un.
fortunate race was supposed to be separate
from the whites, and was never thought or
spoken Of except as property. These opin.
ions underwent no change when the Consti-
tuition was adopted. The preamble sets
forth for what purpose and for whose bene-
ft 1t was formed. Il was formed by the
people-such as had been members Of the
original-and the great object was to secure
the blessings Of liberty to ourselves and our
posterity.' Ii speaks in general terms oil
citizens and people Of the United State
when providing for the powers granted.
without defining what description Of rer'
sons should be included, or who should be
regarded as citizens. But two classes of the
Constitution point to tho negro race rs sep
amte and not regarded Us citizens, for whom
the Constitution was adopted. One clause
reserves the right to import slaves until
1903, and in the second the states pledge
themselves, one to another, to preserve the
rights Of the master, and TO deliver up slave.
escaping to their respective Territories. By
the 6rst clause the right to purchase and
hold this property is directly sanctioned and
authorized by the persons who Trained tho
Constitution for twenty. years; and the
States pledged themselves to uphold the
right of the master rs long ~ the Govern
ment then formed should endure. And
tlrls shows conclusively that another descrip
ton Of persons were embraced in the other
provisions of the Constitution. These twC
clauses were not intended to confer upor
them or their postcrity tho blessings Of lib
erty 50 carefully conferred upon tho whites
NOne-Of this class ever elnigrated to tn,
United States voluntarily. They were nj
articles Of merchandise. The number eman
cipated was few Us compared with those wht
were held in slavery. and not sufficient,
numerous to attract public attention as u
sparate class, and were regarded rs Il part OF
the slave population, rather than free.
1t cannot be supposed that the States
conferred citizenship upon them FOR al
those States at that tinc established pole,
regulations for the security Of themselves
and families, US well Us ol property. IL
some minor cases there were different modes
Of trial, and it could not be supposed tina
those States would have formed Or consent
cd to u Government which abolished thi'
right and took from them the safeguards
essential to their own protection. They
have not the right to bear arms and appear
ut public meetings to discuss political lues
tions or urge measures of reform which
they might deem advisable They cannot
vote ut elections. nor serve rs jurors, moi
appear Us witnesses. where whites are con
ccrned. These rights are secured in every
State to white men. Ii is impossible to bc
lieve that the men Of the slayehOldinG
states, who took so largca share in the for
nation of the Constitution, could be 30 re
gardless OF themselves and the safety d
those who trusted and conilictcd in them.
Judge Curtis gave his reasons for dissent.
ing from the majority Of the Court. The
question is, whether person of African de
scent can be u citizen OF the United States
The Constitution uses tho language, 'citi'
zens of the United States Mt the time of the
adoption of that misunderstanding to
those who were citizens under Conlederi-
ton. 1t may, therefore, be safely said, the
citizens of the several States under the Z m
federation were citizens Of the United States
under the Constitution. Ii is fact that
all the free native born subjects of New
Hampshire, Massachusetts. New York and
North Carolina, descended from the African
race, were not only citizens, but possessed
the franchise of electors on equal terms with
other or white citizens. These colored per-
sons were not only included with the body
of white persons in the adoption af the Con-
stitution, but bad the power 10 and did act
in its adoption. Under the Constitution,
every free person born on the soil OF State,
and made citizen by force of its constitu-
ton and laws. is o citizen Of the United
States. Having stated the ground Of his
opinion, and explained the provisions Of the
Constitution, he said that every citizen ut
the time Of the adoption Of that instrument
was 10 recognized, and no power was con.
ferred to discriminate between color, or dc
priye any one of his franchise. Ii Is not
true, in point of fact, that the Constitu.
ton was made exclusively by and for white
people. The preamble openly declares that
the Constitution was formed in order TO 60
cure to the people of the United States and
their postcrity the blessings of liberty and
as for the culOred citizens, in five Of the
States they were among those for whom the
Constitution was ordained and established.
Color, in the opinion of the trainers Of the
Constitution, was not necessary TO c0nsti.
tute citizenship under tho Constitution OF
the United States and IL might be added
that the power to make colored persons cit
liens has been ac.ed upon In repe ted IN
stances--in the treaties with the ChoctaNs,
the Cherokces, and that Of Guadalupe Hi
dalgo, in 1913. And he arrived ut the fol.
lowing conclusions:
l. That the free native born citizens Of
each State, at the formation of the Consti-
tuition. became citizens of tho United States.
.. That FREQ colorcd citizens born within
some OF the States, and citizens Of tho.e
States, were also citizens of the United
States.
) That every such citizen, residing In
any State, has the right to sue and to be
sued in the Federal Court of the State in
which he resides
4. As the plea to jurisdiction in this case
shows no fact except rs to African descent,
and Us this fact is not inconsistent with ci,i-
zenship OF the United States, the decision Of
the Circuit Court Of Missouri was incorrect
He therefore dissented from the opinion
Of the majority of tho Curt, that person
OF the African race cannot be citizen Of
the United States He did not bplirye Tho