Anti-slavery bugle. [volume], March 28, 1857, Image 1

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II if ift
It HI IIIUMf
marws h.robixson, editor.
"NO UNION WITH SLAVEHOLDERS."
AXiV rzARS ox, rcnusnixa agent
VOL. 12. XO. 32.
SALEM, COLUMBIANA COUNTY, OHIO, SATURDAY, MARCH 28, 1857.
WHOLE NO. 698.
The Anti-Slavery Bugle.
From the Western Presage.
PRINCIPLE AND POLICY.
A "principle is A general truth, a law com pre
handing ninny subordinate truths, as the principles
Of morality, uf law, of government, &e." "It is
a leltlcd rule of uclivn in human beings." Xouh
Webster.
.. "Policy b prudence or wisdom, in rulers or In
dividuals in the management of public or private
aoncerns." It also signifies "stratagem, cunning,
dexterity of nianngemeut." lb.
Truo policy (i. e. prujenco or wisdom) is tbo ro-
ult of a steadfast adherence to princinle. Kill
tratagem and cunning are adopted as substitutes
for it, "Tlio wisdom of this world" its ideal of i
policy, lies mainly in the lmtor direction. So that
principle and policy have come to stand for oppo
site ideas, and must needs be contemplated in con
trast with each other.
Principle tequiree implicit and constant subjec
tion to the True and the Right. Policy is ever
more in chase after Bupposcd advantages, guins,
availabilities, expedients.
Prinoiplo proposes no end as being paramount
tot dominion uf tho Truo and the Right, or ca
pable of being separato from it. Policy, veucr
atos nothing as being Truo, recognizee nothing as
btftig Right that cannot be subordinated to its own
estimate uf advantage, shown tube productive of
gains, ami seen to be fertile in availabilities mid
expedient.
PriniT'ole walks by faith, policy by e'ght. Prin
ciple confide' in tho wisdom of God polioy in the
wisdom of man.
The Creator established pi-incise and endowed
it with hie own immutability, lie never departs
from it himself, and never authorizes any of his
intelligent creatures to depart frcra it. The fall
ef man was a departure from principle, under a
temptation founded on policy. The forbidden fruit
was accounted desirable to make him wise. Men
were to become as gods, governed by ilieir ovn
rules of aotiuu, instead of being controlled by the
will of a superior. Una wisdom has beeu the lol
ly of tbo race, ever since.
Principle is abiding, because it reposes upon
Truth, which is eternal. Policy is fluctuating, be
cause it is founded on circumstances which ure
continually changing. 17 nciple is abiding, be
cause it leans on the changeless wisdom of God.
Policy is fitful because it is Bbaped by tho chang
ing estimates of men.
Policy is forever dividing and subdividing, nr.d
distracting its adherents, because no two finite
minds can agree, fully in their estimates of the
consequences of action. Principle lays a substan
tial foundation for the unity of its votaries, be
cause it only requires of them a recognition ot
"self-evident truths," and an honest, strait-forward,
common sense application of them in prac
tice. If the Iricnds of liberty in America would
but agree together to direct their political activi
ties in accordance with tho plain and known re
quirements of the "truths" that they all claim to
"hold as self evident," they would very soon come
to an agreement in their measures, and slavery
would be speedily overthrown.
This would bu indeed acting like "practical
buaiuess men." It would Le acting as machinery
and stoum engines us navigators do when they
guida ships by tho truths of astronomy, over (he
ccean as wise inventors do, when they invent
steam enginos, daguerreotypes, and magnetic tele
graphs as practical chemists do alien they use
the elements and the laws nt nature, for the pur
poses of humm life. All these find themselves
shut up to the necessity of acting rigidly upon
principle instead of policy. That is, they have to
conform exactly to tho heaven-established princi
ples and laws: the immutable, Truths existing iu
the nature of things, and controlling the depart
ment within which they aro operating. No con
siderations of policy, no anxiety to secure the in
fluence of groat men, the funds ol the millionaires,
ot the votes of the millions, would tempt them to
swerve a hair's breadth from the stern demands ol
fixed principles, established by the (iod of naturo.
They are 'uncompromising in then measures."
Ihey are ultr.usts, insisting upon .in unwavering
conformity to the true and the tight in tho ab
stract." They would be called "impracticubles"
if the old astrologers; alchemist, and necroman
cers of tho former ages were now on the stage, and
bearing sway in company with their legitimate
successor, tho necromancers of expediency who
are still playing off their sleight-of band tricks
and trying their bap-hazard experiments in the
liijrh places ol political and ecclesiastical lite, re
gardless, utterly of the divine laws that controlled
the universe.
Principle is tho foundation of tho sciences
Policy teaches its votaries to deride, tn decry, and
to disregard moral and political science the sci
euce of government, of jurisprudence and of law
It denius the benefits and even the practicability
of any attempts to ascertain, and especially to
obey the diviue laws by which God governs the
nations, or, it resolves all these into human calcu
lations uf expediency, human estimates of conse
quences, availabilities, majorities, as though Ihe.ie
constituted the laws that govern the political
world 1
Principle, or adherence to moral principle, is
but another name for honesty. The old uiuxim
that "honesty is the best policy" is only an affir
mation that "principle is the best policy."
The old maxim has bcon improved by saying that
"honesty is better than policy ' which must mean
that "prinoiple is better than policy."
Principle is better than policy, because princi
ple is the power, the wisdom, the goodness and
the blossedness of God, while policy is the weak
ness, the folly, the wickedness and the misery of
man. Karth groans, and has groaned for almost
eixty centuries, under tho guidance and tho mis
government of policy. In no way can it be re
lieved but by the guidance and the government of
principle.
Policy and expediency, vreighod in their own
balances aro found wanting. They are tho most
impolitio and inexpedient things in the universe
the comprehension of all unvtisdom, the consuma
tion of all imprudence. What can be tnoro un
wise than for a man to attempt tube wiser than
'bit maker? Or what more imprudent than for a
man to decline tho direction of infinite wisdom, in
.Order to follow his own guidance ?
"Power is "foroe, strength, energy." "Ability
the faculty of doing or performing anythiug."
What power can bo exerted, either in mochiinics,
or in morals, without acting in harmony with the
aw of the God of nature, the laws of mechanism,
or of inora's ?
Wisdom ia "the right use or exorcise of knowl
edge the choice of laudable ends, nnd the best
means to accomplish them." Can such choice be
made without implicit obedienoe to moral princi
ple t Without obedience to Truth and Law ?
Goodness, is moral excellence moral virtue.
Can any being possess or manifest this, without
implicit conformity to truth? To law ? Tumor
al principle?
Blessedness is defined to be "happiness, felicity,
heavenly joys, tho favor uf God." Can a man
possessor successfully pursue this, without princi
ple t Without obedience to trxUh t Without con
formity to law t
Very manifestly, all power, all wisdom, all good
Bess, all blvssedoess, are wrapped up and identi
fied with adherence to prinoiplo. The simple com
parison of the definitions of the words, as given
hy oar lexicographers, is sufficient to indicate this.
And tbo more extcnsivo our obsorvntions, tbo
more perfect our acquaintance with history, the
muro comprehensive and profound our reflections,
the more severe our self scrutiny, tha mors cxalt
ed and refined our sensibilities, the more pure and
acceptable our religious devotions tbo more clear
ly shall we see, and more deeply shall wo realizo
that the sum of nil tlesiraulo power, of all pru
Jonco and wisdom, of all goodness, of nil blessed
ness, deserving the name are to bo found only in a
rigid adherence to principles, in opposition to all
the wisdom, the expedienco, the policy that can bo
otherwise defined.
Policy in distinction from principle, betrays con
scious wcaknoss. It is an attempt to substitute
something clise in tbo room of absent strength.
Tho powerful do rot report to stratagem, to cun
ning, llie arts tiuS 'nc dexterity 0f our servile
political parties betray their inherent weokness.
" nny 1'ftrty for freedom would oequire .rcngth,
or even the reputation of it, it must plant itself;
urion r-rineinl
J olicy ns contrasted with principle, is tho child
and the parent of fully. It springs from the lack
of wisdom, a nd betrays its parentage by its prog
eny. If any ono would write out a volume of il
Iiihtrations of human folly, ho could not do better
than to narrate the expedients of some of our
shrewdest political leaders for the list half cen
tury, and tbo results uf them along with the blight
ed hopes and disappointed expectations of those
frierds of reform, of progress, and of liberty, who
navo conuueti in tnem, 01 nave linpcd tor some
benefits to be derived from supporting them. Too
sagacious in their oxd eyes, to commit themselves
to the guidance of principles, known to be true
and right, in tho abstract, too sagacious, in other
words, to trust and obey their Creator, thy have
been students uf pulicy they have been running
alter expedients! And where are they ? And in
what condition are tho interests they have been
looking nfter?
Polioy, in distinction from principle, never form
ed a character of true moral excellence, or good
ness. We Lavo philanthropists, such as they aie,
of whom our phrenologists say, truthfully enough,
,l10 w,)rld knows (whether they judge from
wiv,, vmiijisdi uicir inbiory ; voat iney nave largo
benevolence, but not a particle of moral percep
tion ! Tho fact intended to be indicated, might be
as manifest without the manipulation! of phrenol
ogist as with them. But alas! for such benevo
lence. And alas for a world wutting for the fruits
of it.
Mora) principle must inspire ond direct the phi
iintliropy by which tho wounds of bleeding hu
manity aro to be healed.
Policy in distinction from principle lacks the ele
ments of blessedness, because, it lacks the ele
met.ts of moral integrity, and consequently fails of
securing tno uivine nvor. J'olicy lias no laitli in
God, in truth, in principle, in law, or in duty.
And "without faith, it is impossible to please
him."
All this is as appropriate and as applicable to
tbo arena of political li to as to any
other department cf human activity or
endeavor. The prejudice that proscribes prin
ciple, in the management of public concerns, and
insists upon suli.stitutir.g policy, is not more nthe
istical and unprincipled than it is short-sighted,
superficial, and oblivious of pant history, as well
as of the current events of our own times in oar
own country. Any man of common intelligence,
who has seen filty years, w ho has read a tolerably
conducted journal, and letains any memory of its
contents, need bo nt no loss for sufficient illustra
tions of tbo folly of departing from principle and
running after policy, in political life. Politicians,
parties, important interests, essential rights, states
nations), have ris-en and fallen, accordingly as they
have honored moral principle or departed from it.
Honesty (or principle) is us preferable to policy,
or (.tratagem, in public liie as it is in commercial
iifo, or in tbo daily intercourse of neighbor with
neighbor. Most men, in words, will admit this,
and jet mo.-t men will justify themselves in the
habit of bidding their professed principles in
abeyance, in political life, where they think they
cannot afford to wait for the slow and uncertain
operation of principle, and must needs resort to
policy. W. G.
SHALL SLAVERY TAKE POSSESSION OF
THIS NATION, OR SHALL FREE-
THIS NATION, OR SHALL FREE-DOM RULE?
1
Many geod-natured, I'nion-lnving men hoped
that the administration of Buchanan would be an
improvement upon that uf Franklin Pierce. We
were not of that number. We at one time be
lieved that the administration of John Tyler would
stand forever in tho history of this country, ns the
worst that could be, so far as the rights of the
Free States wero concerned. Wo were nmtaken.
The Slavo fowcr has increased rapidly ever since
that time, nnd now it has reached a point which is
feifrlul to contemplated. First, it subdued tbo Ex
ecutive Government, second, the Legislative; and
now it grasps tho Judiciary. Tho grand object of
tho oligarchs has been perfected. They have made
Slater y National, Freedom Sectional.
According to the recent docision of tho Supremo
Cou;t there is not ono foot of free territory
belonging to the Union, outside of the free States.
The Wilmot Proviso app'ied to Oregon and Minne
sota, has fallen lifeless to the earth, and slaves
can now be taken there and worked, with the
shield of tho federal Constitution to guard and
protect their masters in tho management of this,
their property. The Territories have become one
gieat slave pen. How lung will it bo before this
power will apply the same principles to the States?
Colored men are now declared not to be citizens
of the United States, they are outlawed from all
claims to citizenship in the land of their nativity,
in the home of their fathers. Liko the Bohemian
Magraubin, "thoy have no homo, no country."
They are simply property; they are ns horses and
cattle. They can be bought and sold, but they
cannot be citizens.
Buchanan's Inaugural foreshadows bis policy.
His administration will carry nut the "principles
of the Constitution" as expounded by a slavehold
ing Supreme Court. Even Squatter sovereignty
has had fetters put upon its fetlocks by the Inau
gural. It now means that the people of a Terri
tory can only exclude slavery when they come to
make a State Constitution, not befure. Until that
hour arrives, there is no power iu our government
ur in the people to prevent tho extensiun of the
curse, and when that hour arrives, they will be
strong enough to have slavery acknowledged and
protected.
To carry out this infernal doctrine, the whole
.,r i. .,.......i ..,... .1...:.,.. .1,. ,i
niilli8iiation of Buchanan will be brought, aud
too people ot the tree Mates submit to it, all is
lost. But they will not submit. From this day
forth, tho spirit of resistance will be organizod.
Even the most prejudice of the Democratic party
must see that unless the North speaks, unites, re
sents, acts, in opposition to this aristocracy of
slaveholders the wholo government will become
a more iuetrumont to oppress .poor, downtrodden
humanity, and to oover our whole continent with
slavery, as the waters cover th sea. O, S'. Journal,
From the Tribune.
WHAT THEY PROPOSE TO DO.
"Well, what do you propose to do about it?"
is tauntingly asked by our Northoro chuoklers
over the late most unjust aud deplorable decision
iu the Dred Scott case. "Suppose it is all wrong,
in violation of luw and of precedent, how do you
1
expect to help yourselves T What will all your
protests and agitation amount to ?" Let us an
swer these gonlleman briefly, but cloarly.
1. We do not propose to resist the Federal au
thorities nor to break up the Union. Wo do not
esteem either rebellion or disunion tha proper
remedy for political or judicial wrongs w hile the
Freedom of the Press and the right of Suffrage
are maintained. Especially should wo deem dis
union most untimtly, now that the highest tribu
nal has though extra judicially and w ithout au
thority pronounced Slavery a National, not a
sectional, institution, making it a concern of the
nominally Free equally with the Slav States.
When this doctrine comes to bo positively estab
lished hereafter, it will bo settled that Slavory
most pervade ahd control the whole Union or bo
expelled fnm every part of it. We have not de
sired such au issue ; but, when it is made up and
, . , ,pon
forced upon us by the slave Power, we shall nut
Disunion involves the abandon
ment of our enslaved couitrjuien to perpetual
bondage : wo chuoso not to desert them.
2. We do mean to make plain to all our coun
trymen who can read, the iniquity and enormity
of tho Drod Scott decision in all its parts, but es
pecially in its fundamental denial to the feeble
downtrodden of any right of appeal to the Fedo
ral tribunals. By every principle of righteous
jurisprudence, tho mure humble or degraded an
individual or class may bo, the more imperative is
the duty of the tribunals to hear the ple-idings
and assert the right ot' such suppliant ur class.
We mean to make the American People percieve
and feci that injustice to a (art is peril to all, nnd
that the refusal to consider Drcd Scott's prayer for
liberty 011 the express ground uf Ins bertig a black
man, therefore posvjssin no rights which white
men aro bound to respect, is a fatal bluvr at the
rights and liberties of ail.
3. We mean to show that a decision of the Su
preme Court, though formidable, is not irrevers
ible. That Court affirmed the constitutional va
lidity of the Alien and Sedition act, yet the peo
ple annulled those nets and paid back the penal
ties imposed under them by the Federal Ju
diciary. That Court pronounced a Bank of the
United Slates perfectly constitutional, vet the Peo
ple ultimately madu a contrary decision, which
prevailed over the Court's. So iu other cases.
So will it be again.
4. W e mean to urge and effect a readjustment of
tho basir on which Justices of the Supreme Court
are appointed. Now Six hundred Thousand Fret
People in a slave District have equal weight in the
constitution of that Court with tour Millions in a
Free District ; and Six Millions of Froe People iu
Slave States have more weight than Six Millions
in Free States. Tr.is is grossly unjust, and can
not be upheld. Make the Judicial Districts equal
let Judges be fairly selected thorutroin, aud the
Dred Suutt Decisiuu will soon be overrule-.! and ef
faced.
5. We mean to create and nrouse an elichton-
ed public sentiment which shall ultimately place
the 1'edcral Uovernnient, iu all its departments,
in the hands of uien who love tho Coustitution and
tho Union much but Liberty, Eternal Justice
and the inalienable Rights of Man, still morn
men who will regard Freedom as toe universal and
everlasting rule uod Slavery as the local and tran
sitory exception men who will give Shyluck his
"pound of fltbh," but warn him in taking it to
shed "no drop of Cbistian blood" men who will
bo as tenacious of the rights of meu legally free,
like Dred Scolt, as of those permitted by vicious
local regulations, over which tho Nation has no
coutrol, to claim property in the limbs and bodies
of their fellow men.
C. In short, we mean to provo, by tho issue of
this contest, thai Justice is the law of God's uni
verse, to which ail human laws should and must
conform, aud that patient waiting aud earnest
working will eventually secure its triumph.
If there be treason in this, I it the Federal
Didtrict-Attorney hurry up his documents.
NORTHERN TEACHERS.
An unusual interest has sprung up recently on
the subject of sclnols and school teachers, and
the periodicals all over the couutry are discussing
them, and we aro free to confess our pleasure at
tho lavurbblo sign.
We wish to say a few words in regard to the
practice a great many parents have faileu into, ol
employing teachers from abroad to instruct ther
children. Wo propose to givo a few reasons for
opposing the ruinous feeling, that Northern in
structors are as good as Southern.
In the first place, when sueli a course is pursu
ed, it is virtually saying our own countrymen
are incapable of performing this task, which is do
ing them a manifest injustice. Must it be euid o!
the South that she bus not men and women capa
ble uf teaching her children 1 Must it bo said,
that we lire compelled to look abroad for individ
uals to perform tho tusk that thousands would he
glad to assume, nut only for the sake of benefit
ing others, but also themselves ? Must it bo said
of that ssctiou ot tbo Union which bus ever been
noted for her unoomprouiUiug adherence to the
Constitution, and for its chivulrio bearing and
State's pride, must it be said uf her that she can
not find within her borders spirits congenial to
her own, la whom sue can repose confidence
enough to trust them with tho responsible task ul
instructing youth f Let this be Baid no longer !
Let our political opponents exult no longer over
our want of confidence in our citizens ! We tell
you that in nine cases out ul ten, when you em
ploy Northern teachers, you press a viper to your
bosom, that will sting you by infusing into the
mind of bis pupils thoughts, leelings and tastes
opposed to Southern interests and Southern insti
tutions who will strive to impress on their young
nmls the necessity ot abolishing slavery who
will endeavor to infuse into their pliant disposi
tions Northern prejudice, at a time too, when
these impressions van be made as easily as upon
sott putty. Ihe young mind has boen compared
to a blauk sheet of paper, on which one can write
with ease, and when Abulitiun notions are stamped
thereon, it is a difficult thing to extricate them.
The teacher's powers for good or evil are unlimit
ed, and birth and education have made him au
Abolitionist, and it would bo contrary to nature to
teach one way and thiuk another.
Again, a Northern teacher would necessarily be
often brought in contact with the negro, h may
do much to injure the prospects o his blind em
ployers. He can talk to them uf freedom, and the
advantages tbey derive from it, and make great
promises if they will run away aud go to some
free State, until he gets the minds of tho poor de
luded wretches worked up to such a pitch that they
feel compelled tu break the bunds which bind them
to their owners. You may say, this is all imagi
nary and has never occurred, but beging your par
dun, we point you to the Southampton' Insurreo
tson. That appalling uiassaore was effected in
this very manner of approach bv appealing to
tho slave instead of the owner. This underhand
manner in dealing with us is quite prevalent in
the South, as wa ought now to make a beginning
towards putting a stop to it, by refusing to employ
teajhers from the North.
Sliall we continue this odious practice ? Why,
we ask, has this abomnible praotice been so much
in vogue with us T At the same lime we pay
Southerners too little, we pay more than they do in
Now England. The salaries are not sufficient to
justify oorowolcountrymeu in engagingin it toiany
oAi,Bui, out are euougu is oring down a borde ot
our enemies npoq us. Are our yrung p eojds to
be rained for tha ako of saving a few dollars ?
'Tell it not in (iaili ' Then let us increaso our
wages put far rum tM nn illt.i, small nnd menr
idoai as 'Kiiin the child to save a dollar,' and conn
out In a noljlo, generous, patriotic light. Then
are hosts of young men utid ladies would bo wil
ling to devote their time and talents to this honr
able, profession, if patrons wuiild give them enougl
to live decently and respectably on. The time
will soon come when we shall sea the necessity
much plainer, and why not take time by the fore
lock T No! but like a nation of bigcards, vc
must wait until the evil comes upon us with crush
ing force beforo we begin to move in this matter
of soch importance
Associations form ideas. Then let our children
bo put under our own people. Remember, that
just as the twig is bent the tree is inclined,'
Put far from you all such pco'ple who Bay they
are Northern men with Southern feelings. It is
not so at least, il it is, they ari) only worthy of
contempt. iorin Carolina I'aper.
D. CnEEVEH 0 tub Sltrxme Cot-nr. Dr.
Cheever preached a sermon last evening to an im
mense auuience on the recent decision ot the S:
preioe Court, from the text, "Cursod be bn that
pcrverteth the juducnient of tho stranirer." lie
consider?! the treatment of tha African race and
tho treatment prescribed by God, the condition to
which this decision reduced them, its wickedness
in the light cf law, human snd divine, the dread
ful influence of that example, its entire nulity as
to any duty to obey it, and finally our obligation
before G id to do away with iniquity. He dwelt
upon the Jesuitical sophistry of the decision,
which be stigmatized as "this horrid hand-book of
tyranny." Ho thought it fitting that tho Judge
who pronounced it should not be a Protestant ; was
cf n piece with that religion wb ise habit it was
to anathemize and persecute. Tho world had
waited C.000 years to see this indiscriminate assas
inution uf u whole race. The part of Cain had
been re enaoteo on a tremendous scale, but. ns in
other murders, the great difficulty was to get rid of
tho body, lie noticed tno pestileneo tit tv ashing
ton, and said if tluy treated meu like rats, they
must expect to bo poisoned bv them. Ilereviewed
the points of Judge Taney's decision. If it were
fully carried out, he said an African could be ap-
rir.triri.i .nil if'r..i,r,.l ... I.irv.-. t..u na n liiinh nf
goht could belt lound by toe nmj-si Jo.and already
in Virginia it had been proposed to sell the free
negroes to pay Hie Mate debt. Hits lernldfl per-
version of the Constitution lays the Judge open to
impeachment for his daring attempt to destroy
the foundations of the Kcpubli-. He called upon
the insulted majesty of the churches unitedly t
reprobate thu dreadful wrong of these Border-l'uf-liao
Judges. ,
From the New York Tribune.
CONSTITUTIONS AND FACTS VERSUS
JUDICIAL OPINIONS.
7o fie Editor of the K. Y. 'Jribune:
Sir: Since the Chief Justice of the United
States, in bis zeal to arrive nt c.incliisio".s subver
sive of tho liberties both of black men nnd of
wilt'" men, has fiond it convenient to den that
bfacK men have the right to sue lu -hit 'vJV-i?
Courts; since lie bits assumed the novel position
that none can sue in those Courts who have not
the right to vote; and siuce Iik has assumed ns a
historical fact that black men had no right to vote
at the date of the Declaration uf Independence
and at the tinvj w heti the Constitution of 17S7 9
was framed and adopted, tin s basing his entire
logical structure upin that supposed bistoiical
fact, it may be well to louk into tbo records and
see how they read.
I have before me a book entitled "Constitutional
Law, com prising the Declaration of Independence,
the Articles of Confederation, tha Constitutions uf
the several States composing the Union, La.
Washington, Printed and published by Gales L
Seaion, Dec.,ls2u." From the title-page, it would
appear that, a little mo'o than thirth-six years ago
the "Decbirai'tn of Independence,'' with its "self
evident" truths, and without Judge Taney's re
striction to "ivbito" men, win regarded nt Wasli-
ingtoti v,ny as ti.e cinet corner-stone in me ediuco
'm . : . . . . ,
lamiigtnis volume lor my text-boon vexcept
when otherwise indicated), I proceed to exhibit!
some extracts from the State Constitutions, winch
will show who might vote in the States, and w'eth
er, or to w hat extent, distiuctiona of color wero
then recognized.
The dates of the soveral State Constitutions arc
given, and should be carefully noticed. Tho pub
lishers give us to understand. 111 a note, that the
Constitutions, ns there published, were still in
force (1820), with the exception cf amendments
noticed in an appendix.
We will here divide the States iuto four distinct
classes :
First Class. States ascertained by their Consti
tutions to have had no distinction betx-een
"whit )" and "colored" In the lequircd qualifi
cations of voters, at the timo when the Federal
Constitution was adopted.
These were, Massachusetts, New York, Now
Jersey, Virginia, Maryland, North Carolina six
States to which I iioicadJ (as appears by the pub
lished statement of Judge Curtis) New-Hampshire,
making seven States in all.
I give quotations from tho soveral Stato Consti
tutions from the compilation of Gales & Seaton.
Massachusetts Constitution formed in 1780.
"The body politic is a social com-
pact, by which the teWe people covenants w ith
each citizen, and each citizen with the wholo poo-
plo, that all sliall be governed bv certain laws for
the public goud." "We therefor.), the people of
Massachusetts," its. Preamble.
"All oleetions ought to be free, and all tha inhab
itants ol this Commonwealth, having such quali
fications as they shall establish by their frame uf
government, have au eauol rinht to elect officers,
land to be electod for publio employments." Dec-
ar jjijjUl rt g
Even male inhabitant, beintr twentv-one vears
uf age and upward, having a freehold estate with
in the Commonwealth of the annual income of 'i,
or any estate of the value of JCG0, shall have a
right to give bis vote for the Senators fur the Dis
triotof which bo is uo inhabitant," 4o. Chap.
1, See. 2, Art. 2.
"Every male person being twenty-ono years of
ago, and resident in any particular town in this
Commonwealth for the soaee of one year preced
ing, nuvintf a freehold estate, A.i. (see above), shall
huye a right to vnte in the choice cf a Represen
tative or Representatives, for said town." Chap.
I, Sact. 3, Art. 4.
"Those persons who shall bo qualified to vote
for Senators nnd Representatives within the sev
eral towns of this Commonwealth shall
give '.heir votes for a Governor." &c Chap. 2.
Sec, Art. 3.
A'ifl York Constitution formed in April, 1777
"Every mulg inhabitant, of full agn, who shall
have personally resided within one of the counties
of this State for six months immediately preced
ing the d 'y-of election, shall, at such election, b
entitled to vote for Representatives of the rtiii
county in Assembly, '", during the timo aforesaid,
ne si.au nave neen a tree-bolder, possevsea ot a
l e noia 01 the value of twenty-pounds within
and county, or bave rented a tenement therein ol
tbe yearly value of forty shillings, and been rated
and actually paid taxes to this State." I Art. 7.
. Nero Jertey Constitution formed Julv 2. 177S.
The word "Colony" cbungH to "State" 00 th
COrh September, 1770 "All inhubilnntt of this
Colony, of lull uge, who are worth tidy pounds.
piMrlamntion money, clear estate in the same, and
one resided in the county in which they claim a
ote for twelve months immediately preceding the
lec'.ion, shall be entitled to vite for rcprcen!a
ives in Council and Assembly, nnd also (or all
tber public oflicers that shall be elected by (he J
people ol tho couutry at large.' Art. 4.
Virginia. -Constitution forincd July 0, 1770.
"The right of suffrage, in tbo election of members
of both Houses, shall remain at exercised at prcs
ent."
Previously to this dale, Virginia was under the
Hoyal Charter, under tho British Constitution and
Koglish common law, which ronbl have permitted
no distinction uf color. 1 Ins Constitution, it
seems, was in force at the date of the publication
of the Volume from which we are quuting, viz :
December, 18-i. And it is veil known that nn
uroos continued to vote iri Virginia up to tbo year
18.rn), when a new Constitution was formed, which
excluded them.
Maryland. Constitution formed Aug. 14, 1770.
"Declaration of lliijhta. 1. That nil govcrtimen
ment uf riht uncinates from Me people, is found
ed in Compact only, and instituted solely for the
good of the xchule" 2. "That the people of this
State) ought to havo tho sole nr.d exclusive right of
regulating tbo internal government and police
thereof." 3. "That the inhabitants of Maryland
aro entitled to the common law of England, nnd
the trial tiy jury," La. 0. "That the right, in tho
people, to participate in the Legislature, is the best
security of libe.rtv, and the foundation of all free
government; for this purpose, elections onitht to be
Jree ami Ireqticnt, nnd every man having property
in, a common interest with, ana tin attachment to,
the community, ought to have the right uf euff
ragn." "The C. institution and form of Government."
"That tho House of Delegates shall bo chosen in
tho following manner: All freeinon nbuveSl years
of age having a freehold ot GO acres of land in the
c-.innty in which they nfter to vote, and residing
therein, and nil freemen having property in this
State above the value of '10 current money, and
having resided in the county in which they offer
to vote, one n-hofo vnnr tinrt nrenpHiiur thfl eleo.
ion, shall have a right of suffrage in the election,
of Delegates for aid country," &c. Art. 2.
1 lie matter-of-lact voting of colored persons un -
Ider this Constitution is attested by the several
nmcnuinents, airerwara. iiurouoceu to restrict 11
which would have been unnecessary il the privi
lcge of voting was never exercised.
TJ10 first of these was passed in 1801 (eh. 19),
and confirmed in 1802 (ch. 20), restricting the suff
rage to "free white male citizens and no o'her," in
elections "in the City of Baltimore or the City of
Annapolis; in tho elections of such cities or eith
er of them for Delegates to the General Assembly,
electors of tbo Senate and Sheriffs."
The second amendment, passed in 1809 (ch, 83),
aud confirmed in 1K10 (ch. 33 , extended the same
restriction ( tree white male citizens ) to voters
for electors of the President and Vico President
uf the United States, for Representatives of this
State in tho Congress of the United States, for del
egates to the General Assembly of this State, elec
tors of the Senate, and Sheriffs."
The restriction, l'k th preceding ore. was enn
Ifnuiito "the CiVy Oi" lVnn..uulia r Baltimore.- r.
Elsewhere, colored citizens were iiermi'tet to vote
as formerly. And this (according to tho book of
Gales & Scuton), continued up to Dec, 1820; how
much longer I am unable to say.
Maryland, then, from 1776 till 1S04. allowed col
ored citizens to voto on tho same conditions with
white citizens. As the colored vote in Baltimore
and Annapolis became so formidable in tho State
elections, that in 1801 it was extinguished. This
sufficed till 1810 when the same influence on
national elections bect.me too formidable to be
longer tolenited. But, out of Baltimore and An
napolis, colored citizens could still vuto. Was
Judge Taney ignorant uf tbeso facts in his own
State?
North Carolina Constitution formed Deo. 18,
1776. "Declaration of Bights." 1. "That all po-
li tieal power is vested in, and derived from, the
I people only." 2. "That the people of this State
ougut to nave me soie irm exclusive rignt 01 regu-
j llllins tho in,rrmi Kvernment and tho police there
of." 3. "That no man, or sot ot men. are en-
d tf exclusive or separate emolument or priv-
iIpl-oh from the community, but in
coiisiderat:on
of public services." 6. "That elections of mem
bers to serve as Representatives in General Assem
bly ought to be free."
"7Vic Constitution or form of Gnrernmtnt
That all persons poses-ted of a freehold, in any
town in this Stato having a rinht to representation
nnd also all freemen who have not been inhabi
tants of any such town twelve months next before
and at the day of election, and shall have paid
public taxes, shall be entitled to vote lor a mem
ber to represent such town in the House uf Com
mons," &u.
This equals Massachusetts, and requires no
comment. This brings us to
New-Hampshire. The six Stain Constitutions
previously quoted bear date from 1778 to 1780, all
previous to the date of the Foderal Constitution.
But in the book of Gales & Seaton, from w hich I
have been quoting, "the Constitution uf New
Hampshire" ia eiven "as altered and amended,"
in February, 1792. This was ojler the adoption
of the Federal Constitution, but the tnlo indicates
aprrrwus one, which must have been foiuied before
the Federal Constitution
"Bill of liitihls. Art. 1. All men are born
eaullv free and independent; therefore all govern-
I ment, of right originates from tlie penpe,a founded
in their consont.are instituted for tho general good."
Arc. 7. "The people of this State havo the sole and
exclusive right of governing themselves, as a froe,
sovereign and independent State, end uo, and for
ever shall, exercise and enjoy every power, juris
diction and right pertaining thereto, which is or
may not be by them expressly delegated to the
United States of America, in Congress assembled."
11. "All elections ought to be free, and every in
habitant of tbe St"te, having the proper qualifica
tions, has an equal right to elect tad be elected into
office."
"Form of Government." "Every male inhabi
tant of cacli town and parish with town privileges
and places incorporated 111 tins State, ol zl years
of age aud upward, except paupers and persons
excused Ironi paying taxes at their own reiiuest,
shall have a right, at the annual meetings of the
inhabitants ot said towns and parishes, tu be duly
warned, o "to vote in the town nr parish
wherein he dwells, for Senators in the County or
r.. 1. r 1 1 1, -
uisinci wncreoi ne i n memoer. "All persons
oi-nlified to vote in the election of Senators, shall
be entitled to vnte, within the disfcriut where t'oev
dwell, in the choice of Representatives." "And
tho qualifications uf electors of the Govornor shall
bo the same as those for the senators." The same
also for electors of the Governor's Council.
Such was the Constitution of New-Hampshire
as "altered and amended' in 1792. and in force in
1820. It is tu be presumed that the previous Con
stitution, in force in 1787 9,did not essentially vary
in the above particulars, or so as to disfranchise
the colured man. And by tho statement of Judge
Curtis, it did nut. - So we mav put down as ascer
tained, jcoen Slates whose Con-ilvlutlont allowed
colored men to voto, when the Federal CoDstisu
tion was adopted. We now oome to
Tht SecoadClas. States ascertained to bave form
ed Constitutions soon after tbe adoption of the
Federal Coustitution, making do distinction
cdor, io respect to voters affording presump
!
I
of
tive evidence that' they had no such distinction
in 1787-9.
Pcnnsjlisnia. Constitution formed Sd Sept. IT
90. "In elections by the citizens, every freeman
f the ngc uf twenty-one years, having resided in
tho State two years next before the election, nd
within that time paid a State or county ts,
which shall have been assessed at least six montlit
before tho elections shall enjoy the right of an
victor ; provided that tlio song of persons quali
fied as aforesaid, between the ages of twenty-one
nnd tivcnty-two years, shall be entitled to tot, tlr
tbough,they shall not have paid taxes."
The well known An'i-Slavery character of Pen
svlvauia, nt that early period, alfurds presumptive
evidence-that in her previous Constitution, if the
had r;.y, there w ere no distinctions of color among
her voters. If the weie under the old "Royal
Charter," of course she could not have had any.
Georgia. Constitution at roviced and amended.
May SO, 1703:
"Tho electors of members of the General A
scmbly shall bo citizens nnd inhabitants of tbia
State, shall have attained the age of twent-on
years, and have paid all taxes which they may have
had an opportunity of paying, agreeably to law;
for the year prereediug tho election, and shall
have resided six months within the County," to
Art. 4. Soct. 1.
If the Constitution, before this revision and
amendment, bad vecgnized distinctions of color
in voters, it is hardly probable that a change ia
this direction would have been made in 1798,
But if it were so , the fact would indicate a pro-
crees of sentiment direetly in opposition to tha
cherished theories uf Judge Taney.
Third Class States known to havo been without
any Stale Constitutions, in 1787-9, when tho
Federal Constitution was formed, and conse
quently debarred by their organic law, the Eng
lish Charters, from making any distinction of
cOlur in qunlifkatiuns of voters.
These were Rhodo Island and Connecticut.
From their Knglish Carters the Colonial Legisla
tures derived all their authority to legislate, and
could no more contravene them than the State Lg
I islntures can now contravene their state Constitut
lions: on assuming their Indepcndence.they indeed
. shook off their dependence upon obi Charters, as
1 such , but in the absence of any ttate Constitu
tions, regularly formed and recognized, the old
Charters were by common consent regarded as fix
ing the boundaries of legislative action : as bnne
Constitutions in fact, or as standing in tbe place
of them, so that any legislation contrary to them
would have been set aside by the Courts.
Rhodo Island. The Charter was granted by
King Charles II. in the fourteenth year of bis)
reign. In this ns in the other Colonial Charters,,
tho riclit of tho Colonial Government therein con
stituted to legislate was restricted in these word;
"Sons such laws, ordinances and constitutions .
so made be nut contrary and repugnant unto, but
as near as may be agreeable to tbe laws of this, ,
our realm of England." :
"Thore shall be one Governor, ono Doputy-Gov-ernor
and ton- assistants, to be from time to ticae
constituted, elected and chosen out of the freeman
of tha said eomsany, for the time being,"
t There ie rio meio;aof.oolor in the instrument,,,
The (hot shwt negroes vubd in Khode Island, no '
der this Charter, is beyond dispute,
Connecticut was under a similar Charter until
18 18 when the first State Constitution was forsaed.
I bave no copy of it at hand. But the fact is sjo
tnrious that colored men voted under this Charter
so long ns it continued.
The Constitution of 1820, as found in Gales &
Seaton's collection, provides that
"All persons who shall have been, or who shall
hero-after, previous to tbo ratification of thie Con
stitution, be admitted freemen, according to the ex
isting laws of this State, shall be electors."
This would, of course, include tbe colored vo
tors admitted under tho old Charter. But the ad
mission of colored freeman ns voters, thereafter,
was excluded by Art. G, Sec. 2, which says: "Ev
ery white male citizen of tho United States," Ac. .
This precaution indicates tbe previous admission
of colored voters a fact that cannot De ques
tioned.
So we mav put down Rode Island and Connecti
cut as ncertained to havo had no laws excluding;
colored persons from vuting, until a long time af
ter tho l'cderal LonsiituMon was formed.
This disposes uf eleven out of the thirteen origi
nal States, and ranks them on the side of negru
suffi-Agn in 1787-9, notwithstanding Judge Taney's
assertions.
Fourth Class. States ascertained to bave had
(whether authorized by Constitutions or other-
. wise) distinctions excluding colured voters, in
1787-9.
These aro Delaware and Sonfb Carolina.
Delaware, appears to havo been without any Stat
Constitution until Juno, 1792. 1 bave been ana
bio to find any earlier ono. If she had none pre
viously, then her enactments excluding colored
voters, in 1787-9, niut have been not only without
but against authority, as she must have been an
der an English charter, like those of Connecticut
and Khndo Island, which would have rendered
her Legislative distinctions of color nugatory.
That Delaware had such enactments appears from
a statement uf the Hon. Willord Hull, Secretary
of that State, w ho says :
"Tho first statute of this State defining the con
dition of maumittcd slaves was passed Feb. 3, 17
87, The words used aro :
"No slave maumitted agreeably to the laws of
ibis State,' &o , 'or the issuo uf any slave, shall ba
entitled to tlio privileges ot voting at elections."
1 inlor Irom the tact ot this legislative enaot-
mcnt that no State Constitution then existed, con
taining such a definition ; otherwise, the statute
would have been superfluous, ut tbe condition
of free colored men before this enactment. Mr.
Hull says :
"The negro color being black, this color wal
deemed evidence of tho condition of Slavery orig
inally ; and this color, and any mixture ol ,
while it o'liibi be distinguished, excluded from the
rinht of suffraiso, and from tbe privilege of being
elected. Such was the practice, resting upon com
mon luw, in this particular.
"Common law in favor of distinctions of aolorf!
This account confirms the impression that no eoa
etitutional provision authorized the sxelnsioaof
colored voters; and that the "common law" of ac
old Euglish charter was violated by the practice.
Ia the Constitution of Delaware of 1792, tht
phrase "every white citixen" is inserted.
We mav dismiss Delaware, with strong doubts
of ber having had in her organio law any author
ity for her exclusion ot colored voters iu 17BI-V.
Abuses are not law,
South, Carolina. Constitution formed In 1790.
one year alter tbe the Fsderal Constitution wsat
into operation. In this Coustitution I And tbe fol
lowing: "Every free white man, of the age of twoty-on
years, beiug a citizen of this Ktats," to., "shall
have a right to vote," iui.
But this d ies not settle the question of th pas-
tion of South Carolina in 1787-9.
I find further inrortnation.nowsver.irom Boomer
source, namely : "Statutes at Large of South Car
olina, ediwd, under authority of th Ugislasura,
by Thomas Cooper," &o.j printed by A- Jobn
soo. Charleston (S. C). 136. .
From tbis 1 learu that to 1663, ud again U