The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-03-03

| 1878, the Articles of Confederation being under
consideration, it was moved by delegates ofSouth
Caroline to amend the fourth article, by inserting
| after the word free" and before the word " in
! habitants," the word white" so that the
privileges and immunities of citizens in the sew
eral States should be limited exclusively to white
inhabitants" The vote on this amendment was
| taken by States, and stood two States for and
eight against it, and one equally divided. This
action of the Congress of 1878 was a clear and
direct avowal that all free inhabitants, white
and black, except paupers, vagabonds, and
fugitives from justice" (Which were expressly
excepted were entitled to all the privileges and
immunities of free citizens in the several States"
| At the time of the adoption of the Constitution,
only some States-South Carolina, Virginia, and
Delaware-made eolQr qualification or basis of
suffrage. In five of the others, the elective fran
| chise was exercised by free inhabitants, black
and white; and therefore, in five of the States,
black men co-operated with white men in the
elections, and in the formation of the Constitu-
ton OF the United States. Inasmuch as black
men helped to make the Constitution, as well as
to achieve the independence of the country by
the terrible trial by battle, it is not surprising
that the Constitution of the United States does
not exclude them from the body polite, and the
privileges and immunities of citizens of the Uni
| ted States. That great instrument included in
the new body polite; by the name of the people
| of the United States" all the then free inhabit-
ants citizens of the United States whether
white or black, not even excepting, as did the
Articles of Confederation, paupers, vagabonds,
| or fugitives from Justice Thenceforward, all
these classes, beingffree inhabitants, irrespective
of age, or sex, or complexion, and their descend
ants, were citizens of the United States. No dis
! tinctions were made against the poor and in
favor of the rich, against the free-born blacks
and in favor of the whites. This Government
rests upon the absolute equality of natural rights
amongst men. There is not and cannot be, any
equality in the enjoyment of political or conven-
| tional rights, because that is impossible.
The franchise of the Office of Representative
in Congress is political right. It cannot be ex-
ercsed by ALL it is therefore limited to those who
possess the qualifications of citizenship, age, and
residence prescribed by the Constitution, and who
are duly elected by the majority of the people of
any State or district entitled so to elect So the
elective franchise is a political right, which all
cannot exercise, and is therefore limited to some
citizens, to the exclusion of others. An infant
in its cradle the child of citizen of the United
States, is also a citizen of the United States but
has not the capacity to exercise this political
right, and is therefore excluded from it, Practi-
cally, political rights are exercised only by the
majority of the male population, and are subject
to just such limitations as the majority see fit to
impose. To this have, and can have, no objec-
ton. Gentlemen need not trouble themselves,
therefore, about the demagogue cry of the po-
litcal equality of the negro" Nobody proposes
or dreams of political equality, any more than of
physical mental equality. 1t is as impossible
for men to establish equality in these respects
it is for " the Ethiopian to change his skin"
Who would say that all men are equal in stature,
in weight, and in physical strength; or that all
are equal in natural mental force in intellectual
requirements? Who, on the other hand, will be
bold enough to deny that all persons are equally
entitled to the enjoyment of the rights of life and
liberty and property and that no one should be
deprived of life or liberty, but punishment for
crime; nor of his property against his consent
and without due compensation
But it is not necessary to take time in demon
strating that all free persons born and domicied
within the United States are citizens of the Uni
ted States. The fact is notorious, that at the
formation of the Constitution but few of the
States made color the basis of suffrage and all of
them, either by the words or the construction of
their Constitutions affirmed the fact that all ma
tiye-born free persons were citizens. Allow me
to cite from those early State Constitutions.
New Hampshire, by her Constitution of 1892,
declared that every male inhabitant of the State,
twenty-o years of age and upward, except pau
pers and persons excused from paying taxes at
their own request shall have a right to vote at
all elections. This was construed to admit all
but aliens This Constitution also declares that
all men are born equally free and independent"
clared that call men are born free and equal,
and have certain natural, essential, and inalien-
able rights, amongst which are the right of en-
joying and defending life and liberty, and of ac-
quiring and possessing property" And contain
ed the same general provision for suffrage as New
Hampshire, with small property qualification.
Rhode Island, under the charter of Charles II,
allowed negroes to vote, and recognised them as
citizens
GODnactiPut hor CHI rfa tha
New York, by the Constitution of l777, gave
suffrage to every male inhabitant," upon six
months residence, and property qualification.
All free persons, then, born and domiciled in
any State of the Union, are citizens of the Uni
ted States; and, although not equal in respect
of political rights, equal in respect of natural
rights. Allow me, sir, to disarm prejudice, and
silence the demagogue cry of negro suffrage"
and "negro political equality" by saying, that
no sane man ever seriously proposed political
equality to all, for the reason that it is mpossi-
Bile. Political rights are conventional, not nat
ural limited, not universal; and are in fact,
exercised only by the majority of the qualified
electors of any State, and by the minority only
nominally.
While, therefore, / recognise the obligation of
the majority to extend political privileges so far
as consistent with the stability of good govern
ment, to the largest number of the citizens, | as
fully recognise the fact that all political privi-
leges are, and ought to be, under the absolute
control of the majority in republican Govern
ment; and their will is, and should be, the law.
But, sir, while this is cheerfuly conceded, can
not and will not consent that the majority of
any republican State may, in any way, right
fully restrict the humbest citizen of the United
States in the free exercise of any of his nat.
ural rights those rights common to all men, and
to protect which, not to confer, all good Gov
ernments are instituted amongst men and the
failure to maintain which inviolate furnishes at
all times, sufficient cause for the abrogation of
government; and, may add, imposes necessity
for such abrogation, and the reconstruction of
the political fabric on juster basis, and with
surer safeguards.
of my resistance to the passage of this bill,
sir, and the enactment into law of this Oregon
Constitution, let no demagogue say that it is
mere negro question, and for making negro
equal, politically, with a white man. ask no
change of the law as it is written in the Federal
Constitution. I leave the States as that Consti-
tuition leaves them, free to regulate the elective
franchise among citizens of the United States
to extend it to or withhold it at their pleasure from
all colored citizens, or only some of them; from
all minors, white or black and, if they see it,
from the best portion of the citizens of the Uni
ted States-from all the free intelligent women
of the land. But protest against the attempt
to mar that great charter of our rights, almost
divine in its conception and in its spirit of equal
ity, by the Interpolation into it of any word of
caste, such as white or black, male or female
for no such word is in that great instrument
now, and, by my act or word, or vote, never
shall be. IN
The equality of all to the right to live to the
right to know to argue and to utter, according
to conscience; to work, and enjoy the product of
their TOLL is the rock on which that Constitution
rests-its sure foundation and defence. Take