The national era. [volume] (Washington [D.C.]) 1847-1860, 1858-02-11

DRY, condensed from thousand blddles, would
be but gentle monster, where it 30 often
frightens towards and scourges slaves, / scorn
to say or do aught that may imply doubt Oh
my living sympathy with the crushed subje
OF Its power, or with any who manfully with
stand it. And / pray not to be suspected Of
that spurious philanthropy, stheistic Christian.
ity, or false Democracy, that is Indifferent to
the wrongs Of any class. AS Christian, / be-
lleve that God is our common Father; that
he has made of one blood all nations of men
to dwell on all the face of the earth !" that
Christ is the elder brother as well of the Ethio-
plan and Saxon as bis own race, and that as we
treat the least of these his brethren, we treat
him. AS a Democrat, 1 believe in the equality
OF all men before the law, and that human
rights pertain to human nature. AS q legisla-
tor, or dispenser of justice so far from discrim-
mating against the helpless and weak, If l found
one man or class of men more helpless or
more subject to popular prejudice, for his or
their benefit alone would / favor class legisla.
ito or judicial leaning. The strong can pro-
:ect themselves; the weak need the prop, and
the defenceless the shield. And when men
ell me here, or through their co-workers in
Jonder vault, of the dependence of the Africo-
American, or of the rapidly class of
Africo- European blood, would not hence for
bid him letters, forbid him property, forbid him
all opportunity and manly motive, but would
more sedulously guard his rights, more pa
nently develop his manhood. Let the tyraut
SANDER his victim, and excuse his tyranny By
its own effects, but let no Christian or Demo.
( crat thus detile the inner sanctum of his faith
This court has undertaken to outlaw large
class OF free American citizens. By its wicked
edict they are, for the first time, turned out of
the Federal courts bsnished the public domain
by denying prescriptions robbed of their prop
erty IN inventions by refusing patents; cut off
| rom forelgn travel, except as permanent wan
derers, without nationality; and deprived of
every constitutional guarantee of personal
rights. 1t has hardly been surpassed in atroci
ty since that celebrated revocation, consiguipp
the Protestants of France to dungeons or exile,
or those black enactments outlawing the Catho
hes of Ireland; and thank God for putting it
into the heads of the weak men who issued it,
to attempt to justify their act, to lay bare their
nakedness, that the shock given our moral sense
| by the edict itself may be avenged by our con-
tempt for its patent malice, and the weak and
fsr-fetched reasons which sustain it.
We are told in substance, in this opinion,
that the descendants of African slaves cannot
be citizens of the United States; that though
they may be citizens of each State, yet, by some
unwritten understanding, they were intended to
be excluded from the operation of the Consti-
tuition of the United States; were not in that
instrument referred to as either people or citi-
zens; and no State can make them general
citizens.
Passing for time the falsehood of the az.
sumed fact, l will first inquire into the nature
OF citizenship, and especially that of the United
States, and the power of the States over it.
Confusion in the meaning of the term citizen
is often created by referring to its use in the
old Republics. The words translated citizen
were originally used to designate the privileged
inhabitants of the chief city and their imme-
date descendants. Aristotle, the apostle of
conservative democracy, defines citizen to be
one born of citizen parents, who has a right to
participate in the judicial and executive part
OF government. He condemns their engaging
In servile employments; "For," Gays he, at is
impossible for one who lives the life of a me-
| chanic, or hired servant, to practice a life of
| virtue" (Aris. on Gov, b. 81 The citizens of
the Grecian Republics were but a minority of
the people of even the ruling city and though
Rome greatly extended citizenship beyond the
narrow bounds of Grecisn policy, still, until
long after the term ceased to have any practi.
cal significance, it was confined to very limit
| ed class of the Roman people, scarcely extend.
| ing beyond the walls of the city. True, within
the city, in the days of her earlier glory, Rome
was liberal, comforting citizenship upon the
emancipated slave as well as his master, vet the
cirts OF the Republic, as with the Greek poIitss.
possessed rather the double Specification Of bur
CHER in reference to the town, and elector in
reference to the State, and is only rendered
citizen from our want of corresponding word.
But we use not the word in its legal sense, as
one OF arlstocratic or municipal distinction. To
designate the descendants of the original settlers
OF Boston or jamestown, or any other original
oh 9TH IL L. r
as have acquired the freedom of the city.D
1t no longer means electors, or those enrolled
in the national or city guards, but is a sim
pie transfer of, or substitute for, the word
subject. By the Declaration of Independence,
the subjects of King George became citizens of
the several States; so by the Inauguration of
the French Republic, les s'1ets of Louis became
les citoyens of France. Though iu common
and loose language we all speak of electors
merely as citizens, yet in the most liberal States
all citizens-as women and children-are not
electors, and sometimes aliens are made elect
ors. The terms are not at all synonymous or
convertible, though closely connected
speak not now of those native inhabitants
subjected to servitude and upon whose persons
may be committed with impunity all the crimes
of the decalogue. Upon them, whether of En-.
! ropeaD, Indian, or African descent, society
| wages eternal war. They are constant prison
ers, grinding in the prison house of bondage,
and 1T matters little, while thus subjected,
whether we call them citizens or not
Bnt with this exception, if it be an excep
ton, citizenship is opposed simply to aIienage
AS IN monarchies, all persons are either sub
jects or sliens, so in our Republic all are either
citizens or aliens. This idea of citizenship il
the only one tangible, the only one that VIII
stand moment the test of criticism; md I
DEFY gentlemen to give me definition Of the
term that shall not embrace all the native and
naturallzed members of the Community. II
was the only idea known IN our better DAYS
oecnon two OF article three, and section eleven
OF the amendment to the Federal Constitution.
speak of citizen and subject as Convertible
terms. By tho Articles Of Confederation. citi-
zenship in the several States was expressly
granted to the free inhabitants " of each State.
and 1t Will hardly be pretended that the boon
would be extended to the natives of other
States beyond its enjoyment at home.
This idea is clearly stated by Chief Justice
CASTOR, in lredell, page 253. He SAYS:
According to the laws of this State. all
human beiugs within it who are not sIavas
fall within one of two classes. Whatever die.
tinctions may have existed in the Boman Laws
between citizens and free inhsoitauts. tbev
are unknown to our institutions. Before our
revolution, all free persons born within the
dominion of the King of Great Britain. what
ever their color or complexion. were native.
born British subjects; those bern cut of his
allegiance are aliens"
Upon the Revolution, no other change tcok
place IN the laws of North Carolina THAI was
consequent on the transition from 2 COLONY
dependent on q European King, To free and
sovereign State" IRr;t;sb srh-
Jects in North Carolina became North Caro-