New national era. [volume] (Washington, D.C.) 1870-1874, 1874-04-02

United States with absolute citizenship
The constitution knows one and only class
ofcitzens--viz: ''All persons born or natural
lied in the United States and subject to the
jurisdiction thereof"
Better would it be to break up our nation
and pronounce it an utter failure than not to
admit that it is bound to protect all classes,
of It's citizens, Federal or State, from insults
and outrages at the hands Of their State gov
ernments. This it is bound TO do by the
literal requirement orits constitutional obliga-
ton to guarantee to every State a republican
form OF government. And, just here, let me
say that, after the rivers of blood shed in our
land in the cause of freedom, equality and
Fraternity government means much more than
it formerly meant. 1t is no longer regarded
as a republican government under which q
man has the less rights for being black man.
The War has changed all that. 1t has
brought back the nation out of the slough of
the pro-slavery interpretations of the consti-
tuition to the high ground fthe Declaration
Of Independence on which it set out. The
nation has entered upon another stage of its
Journey. 1t must now admit, and practically
too, the equal rights of all men. The black
man and the white man are now equals be-
fore the lay. Their social rights the law has
nothing TO do with, and neither party invokes
ltS ttitil IllsltItE. JDuJ SIlitl
rights are to be strictly maiutained-and,i if
need be enforced at whatever cost fla State
tramples down any portion Of its people, then
constitution or no constitution, the nation
must, by the paramount laws olhumanity and
heaven, lift themu again.
But it is said bringing Of white and black
children into the same schOo! will not soon be
found practicable, especially at the South.
Yes, it viii. Before bravely asserted reason
prejudic emclts away rapidly. What, how
ever, if, in this case, prejudice shall turn cut
to be unexpectedly obstinate: which party
must yc!d-must ii be God, who hath made
Of one blood all nations Of men for to dwell
on all the face Of the earih," or shall it not
caste-spirit-fori il is bis own spirit? In other
words, which shall Yield, the innocent and
humble black man or Tie naughty and guilty
white one: Ten years ago, il was not thought
possible at the South that white members Of
Congress could ever consent to sit by the side
OF black members Of Congress and ten years
hence, the minGing Of white school children
with black school chidrcnwii be as fully ac-
qu;esced in rs is the present ming ling Of white
mcn and black men in the halls of Congress.
YcnlYg-ra mutaa}aF, sc. The times change,
and happily we change with them.
Constitutional questions are freely raised
against the Civil Rights BIZ. May the day
draw near when such questions shall no long
or be raised against fundamental human
rights, Il constitution, which is not built upon
the recognition Of our common humanity, is
entitled to no respect. y constitution founded
on favor to one sex or to one complexion
and guilty OF Ignoring the equal rights Of the
other sex or other complexion, is to be
spurned. No constitution, statue, no human
paper, however good il may be, is il to be IN
acknowledged authority in determining essen
tial human rights. The right to our manhood
and to the conditions ofmantainng our man
hood (Such conditions, for instance as are
contained in the Civil Rights BID is not de-
rived from the constitution. 1t comes from
a source infinitely more saSrcd aud authOri
tatiyc = from q law infinitely older than the
oldest works Of men from the law Of human
nature and Of God. No Judge is TO pause to
inquire whether by the constitution mans a
man. The man is himself the sufficient aud
sole proof of the fact. TO go back Of that
proof is 10 insult him ani insult his Maker,
who made man in his own image. In all
matters pertaining to its proper sphere we
can hardly show too much respect TO the
constitution. But in matters beyond that
sphere, the constitution is no law.
OF all American judges | recall but one
who, when the question ofesscntial and ina
licnablc human rights came before him, at
once ''struck hard pan," and based his deci-
sion simply and solely upon the inmutable
aud everlasting laws OF God. Judge llarrng-
ton oi Vermont may not have been Judge OF
high rank. Nevertheless, the highest niche
i'll our American temple of justice is his ap-
propriate place and deserved honor. For
when the claimant Of the fugitive slave i'm
patiently asked what more coull be required
ITO suhstautiate his claims than the BIZ! OF
sale lying before the court. the sturdy old
Vcrmonter replied in thunder tones "a Bill
o. sale 6 Oh from Almighty" Wor> hIppers Of
constitutions and human laws told the judge
that the trembling enc before him was a slave.
But God told lim-not slave, but man !:
and the judge agreed with the Apostles that
it is better 40 hcarlcn unto God" than unto
men. Would that the brave and sublime
spirit, which made a gtanG man ofJudgc Uar-
riDgton, might enter into the breasts ofall our
members Of Congress and so make grand
men o! them also. Then would the Civil
Right, Bill be safe.
Respectfully your friend,
GERRIT SMITH