Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1860-02-28

not white, and it was contended ''that
the term white is vague in its signifca
tion and has no practical meaning" Ii
answer, it was said: 'sSuch night have
been the case, if the word had not re-
ceived a practical construction for neal
fifty years, but there is now no question
that may, with more safety be submitted
to any of our tribunals, from the Su
preme Court to the Justice ofthe Peace. ,
(Mr. Worthington, 2 Debates of Con,
vention, 639.). And member in favor
of the proposition, commenting on the
decision Of the courts, as one they had
been obliged to make to get over the
difficulty from the use of the word
"white, expressly stated that decision
to be, "that person having less than
half black blood, shall have the rights
of white man." (Mr. Humphrevill,
Delegates of Convention, 553 in view,
then of this knowledge, presumed and
actual, of the construction of the word
''white' had received in reference to the
exercise of the elective franchise, we find
the same word in the same connection in
the present constitution. By the clear
and we'll settled rules of construction
we are bound to conclude, that the word
was used in the same sense and was in
tended to include all persons, whom the
meaning it had received would embrace
To induce any doubt as to the correct
ness of this conclusion, reference must
he had to words in the context, mot
found in the corresponding provision of
the old Constitution The only words
from which any such doubt can possibly
arise, are 'citizens of the United States
substituted for the word ''inhabitants
used in the former provision. And we
do not suppose that this doubt was ever
entertained, until after recent decision
of the Supreme Court of the United
States. (Dred Scott VS. Sandford, 19
How. 393.) But it is mistake to sup
pose that the question, whether any de-
gree Of the blood of the African race
would prevent person from being a
citizen of the United States, was presen
ted or decided in thatcase On the con-
trary the plaintiff in that case was alleged
in the plea in abatement to be, ga negro
of African descent, whose ancestors were
of pure African blood, and who were
brought to this country and sold as
slaves" 90 Howard, 4OO) And ii
was said by Taney, c. j., in the opinion
of the Court: "The question is simply
this: Can negro, whose ancestors were
imported into this country, and sold as
slaves, become member of the political
community formed and brought into ex
istence by the Constitution of the United
States, and as such become entitled to
all the rights, and privileges and i'm
munities, guaranteed by that instrument
to the citizen? One of which rights is
the privilege of suing in court of the
United States in the case specified in the
Constitution. 1t will be observed, that
the plea applies to that class of persons
whose ancestors were negroes 2of the
African race, and imported into this
country, and sold and held as slaves
The only matter in issue before tie
Court, therefore, is, whether the descen-
dents of such slaves, when they shall be
emancipated, or who are born Of parents
who had become free before their birth.
are citizens of a State, in the sense in
which the word citizen is used in the
| Constitution of the United States. And
this being the only matter in dispute on
the pleadings, the Court must be under
stood as speaking in this opinion Of that
class only, that is, of those persons who
are the descendants of Africans who were
imported into this country and sold as
slaves. Go Howard, 403.)
Indeed it is not probable that the Su-
preme Court of the United States would
have announced rule excluding per-
sons, having any mixture of the blood
of the African race, from the rights of
citizenship, without reference to the con-
stitutional and legal provisions then and
now in force in many Of the States, hav-
ing strong bearing upon the question,
and upon the effect of such a rule.
In North Carolina, where, before the
adoption in 1885, of amendments to the
Constitution of the State, it is well
known, that free blacks and mulattoes,
under the general designation of fret
men had the right of suffrage; the change
then made is in these words: "No free
negro, free mulatto, or free person oi
mixed blood, descended from negro an
cestors to the fourth generation inclu-
sive, (though one ancestor of each gen
Grafton may have been white person, J
shall vote for members of the senate OF
house of commons" Rev. Code, N. C.
23.) The first section of the fourth ar
| Il. 4. A. % 41o S+,to oI
Tennessee provides that: every free
white man, of the age of twenty-one
years, being citizen of the United
States, and a citizen of the county
wherein he may offer his vote, six months
next preceding the day Of election
shall be entitled to vote for members OF
the General Assembly, and other civil
officers, for the County or district In
which he resides: ProUided, that nc
person shall be disqualified from voting
in any election on account of color, who
is now by the laws of this State compe.
tent witness in a Court of Justice
against white man. The rule as tc
the exclusion of witnesses is thus stated
in the Code of Tennessee: GA negro
mulatto, Indian, or person of mixec
blood, descended from negro or lndiar
ancestors, to the third generation inclu
sive, though one ancestorsof eachgener
alton may have been white person
whether bond or free, is incapable of be
ing a witness in any cause, civil or Grim
inal, except for or against each other
(Section 3009.)
It is we'll known that in some of the
States there are three classes of person:
white citizens, slave, and free rnegroe:
and mulattoes, as they are usually des
ienated. To this third class another des