OCR Text |
Show 404 TilE DRED SCOTT CASE. Now if the word freeman was not poteut cnongh to admit a free negro to sufT'ragc under the first Couslitulion, it ii difficult, to di:cern a degree of magic in the intcrvcninrr b plan of emancipation, ufficient to give it adeqnatc potency in the apprehen ion of the Conveution uucler the second. Tbe onJy thing in the hi ·tory of the Convention which casts a douLt upon the intent, is the fuct, that the word white was prefixed to the word freeman in the report of the committee, and subsequently struek out; probably because it was thought superfluouF1, or still more probably, because it was feared respectable men of dark complexion would be often insulted at the polls, by ol>jections to their color. I have heard it said, that Mr. Gallatin sustained his motion to strike out on the latter ground. 'Vhatever the motion tbe disseverance is in u fficicn t to warp the in tcrpreta,lion of' a word on such settled and determinate meaning as the one which remained. .A. legi ·lative body speaks to the judiciary only throno·h its final net, nnd expresses its will only in the words of it.; nnd thongh their meaning n1ay Le influenced by the sense in which they have usnally been applied to intrin sic matter, we cannot recei ve an explann.lion of them from what has been moved or said in debate. Were he even di posed to pry in to the moti vcs of the member , it would be impossible for him to ascertain them ; aud in attempting to discover the ground on which the conclusion was attained, it is not probable that a member of the majority could indicate anything that was common to all. Previom; propos itions are merged in the act of consummation, ~LtHl the interpreter of it must look to that alone. I have thought it fair to treat the q ucstion as it stands, affected by our own municipal regulat ions, without illustration from those of other States, where the condition of the race has been still less favored. Yet it is proper to say thnt the second section of the fourth article of the federal Constitution presents an obstacle to the political freedom of the TIIE DH.ED SCOTT CASE. 405 0 which seems to be insnpNnhle. I t is to he remcm-negr , . 1 • • • 1 bcrcd thal citizcnsl11p as well ns frcec om 1s a const1tutwna l·r: al·1011 • and how it could hr confc~rrcrl sons lo over-qua 11te ' • . . • • . • beat· the laws imposin)!: ro11nlless c1J sabtlitlcs on h1m 111 other Stutes, is n. problem of fliffieulL Holution. In this aspect lhc qncs tH. ) ll l>ecomes• one not of in. trntion, hut. of po. wer·; and of power so clou bl f'u 1 as lo for~>Hl the cxcrc1s? of.'~·. Every rnnn lni) ·S L lnn1cnt the tl tce:sity of Lh ·:e drsabJltltcs; bu t slavery is to be clca.lt with by_ those whose cxist?nce ~epcncls 011 the skill with which it 1s t rcutecl. ConsHleratwns ol mere humanity, however, belong to a elnss with which , n~ jud1res, we have nothi n~ to d~ ; ~nd_ interpr1?l?.ng the Con~ stitution in the ~lJirit of ouY Vl.'it?lullons, u e rz1·e bound la pronounre that men of <.;olo?" an: de.·tilule of title to the cle(:tive Jranchi ·e. Their blood, however, may b~~ome so ellluted in successive descents as to lose its distinctive character and then l>oth policy a11d justice require thot. previoufi dis:tbilit.ies should cense. By the amerHlcu Constit,ution of North Carolina, no frre negro, mulatto, or free person of mixed blood, descended from 11egro ancestors, to the fourth generation incl u:i ve, though one a nee tor of each gcner.ation may have been a white person, shall vote for members of the legislatu rc. . I regret to say, no similar regulation for practical p~lrposes bns been attempted here, in conscq~1 encc of wh1cb every case of uispute(l color must be dcternllned by no par· ticular rule, but by the discretion of the judges, and thus :1- great constitutional right, even under the proposed ame.nd·· ments of the Constitution, will be left a sport of capnce. In conclusion, we nrc of opinion the court erred in directing that the plninti[ could have his action against the defendant for the rejection of his vote. Judgmeut reversed. Extract from the opinion of Judge Story. |