New-York tribune., 1866-12-26

although IL was entirely free from those features OF
chatteldom which gave 70 Southern Slavery
its peculiar horrors. The question bow far the
Amendment abOlisbing Slavery has changed the
National policy, as hitherto deduced from
Slavery under the old Constitution by pro.Slayey
judges is one which has not as yet ongagod the
attention of our National Judiciary. The pro-
vision Of tho Maryland Code under which, for tho
same crime white men and women are sent to the
Penitcntiary and black mon and women are sold into
Slavery affords an excellent opportunity for an eab-
crate argument and final decision on tho night OF the
States thus to discriminate between American citizens,
and to establish, tn republic where all mon are
born free and equal astocratc and class diSnctions
The subject was recently alluded TO in address 10
the Union Loaguo Club OfNew York by its President,
and the opinion was intimatcd that tho Amendment
had rendered Of questionable validity some of our
antiquated State laws, both at tho North and the
South that imposed disabilities and penalties not for
crime but for race and complexion.
ga class of Judicial questions" said Mr.. Jay,
"growng out Of Slavery and its incidents, which had
been finally settled as was supposed, under the Con-
"stitution as it was. would seem to be disturbed If
not roopenedb by the Constitutional Amendment that
"hss substituted Freedom for Slavery as the premise
" Of the argument by which their validity was for
"merly established. 1t may possibly be that the
identical course of inductvo reasoning, which start
ing from the view Of the late ChefJustice that the
trainers Of tho Constitution Of 1879 regarded tho
"blacks as having no rights whatsoever, served to
Establish upon that basp by the seyeros logic, the
fright of the States to diSanchse, outlaw, degrade,
" and insult what Mr. Taney called tho slave races,
r. Ia tbnH
stituton, may lead to different conclusion, whom
the judges commence with the new fact, that the
" American people in their soverogn capacity havo
constituted. ordained. and established that tho
"members of tho race thus disfranthSed shall be
equally entitled with themselves to the nalionable
rights Of American citizens"
The effect of such decision on the suffrage quos
ton which now Ggitates the country, was in Rubse-
quent part Of the address thus described: "Should
''the Supreme Court, upon thorough review Of the
"national policy as affected by the Amendment, reach
the conclusion that the National Constitution as
amended no longer permits the States to establish
"inequality by tho outlawry or dsfranchiscment
Z" of class the difficulties heretofore anticipated
4" from an interference by Congress with tho supposed
"rghts of the States to dsanchise at hcir pleasure
will be avoided. The decision Wal affect North and
"South alike. and the question of suffrage on an
"equal basis will bo opcued for readjustment in all
''thc States with such conditions as regards rosi'
dence, intelligence, and taxation or property, as
leach State may seyerally prescribe"
If upon the first suggestion there should be any
difference of opinion on these points, we think there
should be none in regard to the unconStiiutonay Of
the law of Maryland creating class distinctions whore
none are to be found in the Constitution. II Mary
land has the right to punish American citizens for
their race their complexion, why not for their re-
lgous creod, or their political opinonsi We trust that
no time will bc lost in issuing writs Of habcns corpus,
whenever thcro may be occasion for that old safeguard
Of personal liberty and in submitting the question in
its national length and breadth to the judgment Of
our Supreme Tribunal.