The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1865-06-15
Citizenship Of ColOred Freemen.

The following extracts from the dis
senting opinion Of Hon. Benz. r. Curtis,
Of Massachusetts, in the Dred Scott case,
possesses a peculiar interest and histor.
ical value at this time:
"Of this ii. G. whether any free per.
sons, descended from Africans held in
slavery, wero citizens of the United
States at the time of the adoption of the
Constitution,) there can be no doubt
At the time Of the ratification of the
Articles of Confederation, all free, native
born inhabitants of the States of New
Hampshire, Massachusetts, New York,
New Jersey and North Carolina, though
descended from African slaves, were not
only citizens Of those States, but such
of them as had the other necessary quail.
ifcations possessed the franchise of cleo
tors on equal terms with other citizens.
"Says Judge CASTOR, (Suprcme Court
North Carolina, case Of State v. Manuel,)
Slaves manumitted here became free
men, aud, therefore, if born within North
Carolina, are citizens Of North Carolina
and all free persons born within the
State are born citizens of the State. The
Constellation exten ded the elective fran.
chise to every freeman who had arrived
at the age Of twenty one and paid pub
lie tax, and it is a matter of universe!
notoriety, that under it, free persons,
without regard to color, claimed and ex-
ercised the franchise until it was taken
from free men Of color, few years since,
by our amended Constitution
cit has often been asserted, Continues
Judge Curtis, } that the Constitution was
made exclusively by and for the white
race. 1t has already been shown that in
FIVE Of tho original thirteen States, col.
ored persons then possessed the elective
franchise, and were among those BY
whom the Constitution was ordained and
established. If SO, it is not true, in
point of fact, that the Constitution was
made exclusively by the white race
And that it was made exclusively for the
white race is, in my opinion, not only an
assumption not warranted by tho Consti.
tuition, but contradicted by it's opening
declaration that it was ordained and es.
tablished by the people of the United
States for themselves and their posterity;
and as free colored persons were then
citizens Of at least five States, and so, in
every sense, part of the people of the
United States, they were among those
for whom aud whose posterity the Con.
stitution was ordained and established.
II shall not enter into an examination
Of the opinions of that period respecting
the African race, nor into any discussion
concerning the meaning of those who
asserted, in the Declaration of Independ
ence, that ell men are created equal; that
they are endowed by their Creator with
certain inalienable rights; that among
these are life, liberty and the pursuit of
happiness. My own opinion is, that
calm comparison Of these assertions of
universal abstract truths and of their
own individual opinions and acts would
not leave these men under any reproach
of inconsistency; that the great truths
they asserted on that solemn occasion,
they were ready and anxious to make
effectual whenever necessary regard to
circumstances, which no statesman can
disregard without producing more evil
than good, would allow, and that it would
not be just to them nor true in itself, to
allege that they intended to say that the
Creator of all men had endowed the white
race exclusively with the great natural
rights which the Declaration of Inde-
nendence asserts Rut this ia mot tha
place to vindicate their memory.
"The fourth of the fundamental Arti-
cles of Confederation was as follows
sThe free Inhabitants of each of these
States, paupers, vagabonds and fusitives
from justice excepted, shall bo entitled
to all the privileges and immunities of
FREQ citizens of the several States The
fact that free persons of color were cit-
zens of some Of the States, and by con-
sequence, that this fourth article would
have the effect to confer on such persons