Philadelphia-Phila_Colonization_Record04041838-0053; The Colonization herald and general register |
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anon zmB & ;AND GENERAL REGISTER. U|U___fc. CONDUCTED BY THE PENNSYLVANIA AND NEW YORK COLONIZATION SOCIETIES WHATSOEVER YE WOULD THAT MEN SHOULD DO TO YOU, DO VE EVEN SO TO THEM. Vol. I.—NEW SERIES. PHlL.ADEI.PniA, WEDNESDAY, APRIL I, I 838 IVO. 14 NEGRO SUFFRAGE IN PENNSYLVANIA. Opinion of the Supreme Court. William Fogg, vs. Hiram Hobbs, and others. The opinion of the Court was delivered by Gibson, Chief Justice. This record raises, a second time, the only question In an act, passed the fourth of April in that year, for the establishment of certain election districts, it was, tor the first time, used indiscriminately with that word ; since when, it has been entirely disused. Now, it will not be pretended the legislature meant to have it inferred that every one not a freeman within the purview should be deemed a slave ; and how can a con¬ vergent intent be collected from the same word in the tin a phrase in the Constitution, which has occurred _-___.. . , . , . v. j „ j . .• - „„,. k„.,« Constitution, that every one not a slave is to be ac- 6inee its adontion; and however partizans may nave , , , . ,, £, ___._._» i ••• sin c no Buupuuu, -i~ i e i_____u counted an elector; Except for the word citizen disputed the wisdom of its provisions, no man has dis- k. _. ___________ «_. » . 1 . c i_c which stands in the context also as a term of quanfi- puted the clearness of the phraseology. We have , ... ..., . . , , , , ft u nT" ♦ _„r -™ ;lDi;m;„)iAno ~r cation, an affirmance of these propositions would extend often been called upon to enforce its limitations ot|_, , ,,. . , ___ ' , . • _-_...-_ legislative power; but the business of interpretation was incidental, and the difficulty was not in the dic¬ tion, but the uncertainty of the act to which it was to be applied. I have said, a question on the meaning of a obra^e has arisen a second time. It would be more the right of suffrage to aliens; and to admit of any exception to the argument, its force being derived from the supposed universality of the term, would destroy it. Once concede that there may be a freeman In one sense of it, who is not so in another, and the whole ground is surrendered. In what sense then must the accurate to say the same question has arisen these- J\ , ..- ... . , , , ■ _, . ■ _,____;, 7 ,-nc ,1 •. c Convention ot 1700 be supposed to have used the term 7 cond time. About the year 1/95, as 1 have it from ' James Gibson, _-4B, of the Philadelphia Bar, the very Questionless in that which it had acquired by use in • , , , mi,' i . public acts and legal proceedings, for the reason that point before us was ruled byhelh.h Court of Errors J J ^ M^ ^ fa MTfa and Appeals, against the right of Negro suffrage. Mr , me of th ke„ JJ wriUeri, must be as hath Gibson declined an invitation to be concerned in he b__n cobB&tan,Iy%^eived/. (Vaugh 169.) On this argument, ami therefore has no memorandum ol tne . . , . . <.ai . ,. v 5 , ' . _. * ' .'. _ _i i ti .. fll„ „«:„„, principle, it is difficult to discover how the word free- cause to direct us to the n cord. I have had the office L, .- „ i • • . ... . , u i r . i . .i ii r u-- ;„.„ _„_u ■ man, as used in previous acts, coud have been meant searched for it; but the papers had fallen into such. ' , . ' , , ' .. . , . _. j. . ' ' , , .' H c ., „• _ ____ M__, to comprehend a coloured race. As we might it be • disorder as to preclude a Impe of its discovery. Most _"J . , , . ; _ , __ ,. ____.., h- , . „ f ,i„_ „,„„_. !«__. supposed that the declaration of universa and unali- of them were imperfect, and many of them were lost \ _aT«L___i • i .u r-> ■ . j T> ,. i\t Vu i ~ i -„-.„„ «» tk« i enable freedom in both our Constitutions, was meant uLgt misp aced. But Mr. Gibson s remembrance of the , ... .T ,. , ' If j . K r . , __»« , . <• I, „ Ci„„„„ i to comprehend it. Nothing Was ever more compre- !» decision is perfect and entitled to full confidence. , K ,. , , " . . „ ' .. »/r.u . .u . . ) • -. uki., „,.,;„,. .„ I nensively predicated, and a practical enforcement of tf That ihe case was not reported, is probably owing to • •_/__. ,u . i i • .u %Ji c . _7 \ .u i . ._7a„ it won d have iberated every save in the state; yet the fact that the judges gave no reasons and the Ipmission is the more to be regretted, as a report of it would have put the question at rest and prevented .•much unpleasant excitement. Still the judgement is ( not less authoritative as a precedent, court of last resort, that tribunal bore the same rela¬ tion to this court, that the Supreme Court does to the Common Pleas; and as its authority could not be ques¬ tioned then, it cannot be questioned now. The point ; therefore is not open to discussion on original grounds. But the omission of the judges, renders it proper to mitigated slavery long continued to exist among us in derogation of it. Rules of interpretation demand a strictly verbal con- St-ui'im" asth'e struct'on°f nothing but a penal statute; and a consti- ~ l tution is to be construed still more liberally than even a remedial one, because a convention legislating for masses, can do little more than mark an outline of fun¬ damental principles, leaving the interior gyrations and details to be filled up by ordinary legislation. "Con¬ ventions intended to regulate the conduct of nations,'' said Chief Justice Tilghman, in the Farmers Bank v. show that iheir decision was founded in the true prin-,. ,. ., ,, , , ,, . .., , . Iciph-s of the Constitution. In the first section of the j ^'th 3 Searg t and Bawl. 69, are not to be con 1 third article, it is declared that in eh ctionsby the c.ti- \\ rued like articles of agreement at the common law Ixens, » every freeman of the age of twenty-one years,! It~ls of lltt,e -nportanceto the public, whether a tract iving resided in the state two years before the elec- >n, and having within that time paid a state or coun- tax," shall enjoy the rights of an elector. Now the rgument of those who assert the claim ofthe coloured pulation, is that a negro is a man ; and, when not Id to involuntary service, that he is tree; consequent Wk that he is a freerwtn ; and if a freeman in the com¬ mon acceptation of the term, then a freeman in every acceptation of it. This pithy and syllogistic sentence comprises the whole argument which, however elabo¬ rated, perpetually gets back to the point from which it started. The fallacy of it, is its assumption that the term freedom signifies nothing but exemption from Involuntary service; and that it has not a legal signi¬ fication more specific. The freedom of a municipal Hrporation, or body politic, implies fellowship and Hrticipatioti of corporate rights; but an inhabitant of ■ incorporated place, who is neither servant nor slave, Hugh bound by its laws, may be no freeman in re¬ spect of its government. It has indeed been affirmed by text writers, that habitance and paying scot and lot, gives an incidental ri_ht to corporate freedom ; but the Oonrts have refused to acknowledge it even when the charter seems to imply it; and, when not derived from prescription or grant, it lias been deemed a qualifica¬ tion merely, and not a title. (Wilcox, chap. 3, pi. 456.) Let it not be said that the legal meaning of the word freeman is peculiar to British corporations, and that we have it not in the charters and constitutions of Pennsylvania. The laws agreed upon in England, in 1682, use the word in this specific sense, and even fur¬ nish a definition of it. " Every inhabitant of said province that is or shall be a purchaser of 100 acres of land or upwards, his heirs and assigns, and every person who shall have paid his passage and shall have taken up one hundred acres of land at a penny an acre, and have cultivated ten acres thereof; and every per¬ son that hath been a servant or bondsman and is free by his service, that shall have taken up his fifty acres of land, ami shall have cultivated twenty thereof; and _very inhabitant, artificer, or other resident in said pro¬ vince that pays scot and lot to the government, shall be deemed and accounted a freeman of said province ; and every such person shall be capable of electing or being elected representatives of the people in provin¬ cial council or ueneral assembly of siid province." Now why this minute and elaborate detail! Had it been intended that all but servants and slaves should be freemen to every intent, it had been easier and more natural to say so. But it was not intended. It was foreseen that there uould be inhabitants, neither thelaws imposing countless disabilities on him in other omit family worship—and he was constantly in the the Latin of Cicero and Virgil; and he was soon con¬ states, is a problem of difficult solution. In this aspect habit of retirement tor private meditation and prayer vinced that his shortest cour.-e would be to acquire a the question becomes one not of intention, but of pow- on the Sabbath, when not able to attend public wor- knowledge of the language for himself; which by ?rea^ er; and of power so doubtful as to forbid the exercise ship. A minister of the gospel never visited his (ami- perseverance he accomplished, and was enabled to read of it. Every man must lament the necessity of these ly without being invited to offer a prayer before he any work of science in it. And thus he was another disabilities; but slavery is to be dealt with by those left the house, when the servants also were called in instance, like that of the ancient Greek writer, who whose existence depends on the skill with which it is to join the devotional exercise. Often, and earnestly, relates of himself that during his residence at Rome, treated. Considerations of mere humanity, however, did he ask tne prayers of God's people in this commu-, he obtained a knowledge of the language of the Ro- belong to a class with which, as judges, we have not nion. j mans, by his knowledge of the subjects which they to do; and interpreting the constitution in the spirit of He was a man of true Christian benevolence—exert- discussed in it. He afterwards learned French, for the our own institutions, we are bound to pronounce that ing his best skill and endeavours, not only for the com- '■ purp >se of having access to the treasures of French men of colour are destitute of title to the elective Iran-' fort, but for the moral and spiritual well-being of all mathematical science; and, at a late period of his lite, chise. Their blood, however, may become so diluted around him. When stationed at po^ts where no op- he acquired some knowledge of the German language, in successive descents, as to lose its distinctive char- . portuuity of public worship was enjoyed, the command : A little circumstance connected with his study of acter; and then both policy and justice r quire that « as invited to assemble, usualiy in the hospital, on the, Newton's Principia, will not be uninteresting to the previous disabilities should cease. By the amended ■ Sabbath, when religious exercises were performed, the learned and the unlearned. The Latin copy of it, constitution of North Carolina, no free negro, mulatto, scriptures and a well selected sermon read^ccompa- j which Dr. Bowditch used, was presented to him by a or free person of mixed blood, descended from negro j nied with suitable remarks. j mercantile fiiend in Salem, who made no pretensions to ancestors to the fourth generation inclusive, though His standing duties on the morning of the Sabbath,, science, and would never have thought of opening the one ancestor of each generation may have been a were to visit the hospital, the sick in quarters, and the j work ; but he had preserved it, in his little library of white person, shall vote tor members ol'ihe legislature, married families of the enlisted men, and dispense in- : popular works, as a book that possibly might one day I regret to say, no similar regulation for practical pur- j atructfon and admonition, place little books and tracts' be of use to some person. By a remarkable coincidence poses, has been attempted here ; in consequence of j in the hands of little children, and recommend to them of circumstances, the volume came to the knowledge of land belong to A or B. In deciding these titles, strict rules of construction may be adhered to, and it is best they should be adhered to, though sometimes at the expense of justice. But where multitudes are to be affected by the construction of an amendment, great regard is to be paid to the spirit and intention." What better key to these, than the tone of antecedent legis¬ lation discoverable in the application of the disputed terms 7 But in addition to interpretation from usage, this an¬ tecedent legislation furnishes other proofs that no co¬ loured race was party to our social compact. As was justly remarked by President Fox, in the matter ofthe late contested election, our ancestors settled the pro¬ vince as a community nf uui.i**. man i »nH ti>-> bUoi«- were introduced into it as a race of slaves—whence an unconquerable prejudice of caste, which has come down to our day, insomuch that a suspicion of taint still has the unju.-t effect of sinking the subject of it below the common level. Consistently with this pre¬ judice, is it to be credited that parity of rank would be allowed to such a race 7 Let the question be answer¬ ed by the statute of 1726, which denominated it an idle and a slothful people ; which directed the magis¬ trates to bind out free negroes for laziness or vagrancy ; which forbade them to harbour Indian or mulatto slaves on pain of punishment by fine, or to deal with negro slaves on pain of stripes; which annexed to the inter¬ dict of marriage with a white, the penalty of reduc¬ tion to slavery ; which punished them for tipling with stripes,and even a white person with servitude for in¬ termarriage with a negro. If freemen, in a political sense, were subjects of these cruel and degrading op¬ pressions, what must have been the lot of their breth¬ ren in bondage. It is also true that degrading condi¬ tions were sometimes assigned to whitemen, but never as members of a caste. Insolvent debtors, to indicate the worst of them, were compelled to make satisfac¬ tion by servitude; but that was borrowed from a kin¬ dred and still less rational principle of the common law. This act of 1726 however, remained in force till it was repealed by the emancipating act of 1760; and it is irrational to believe that the progress of liberal sen¬ timents was so rapid in the next ten years, as to pro¬ duce a determination in the Convention of 1790, to rai?e this depressed race to the level of the white one. If such were its purpose, it is strange that the word chosen to effect it, should have been the very one chosen by the Convention of 1776 to designate a white elector. " Every freeman," it is said Chap. II., Sect. planters nor taxable, who though free as the winds, iVI- ",,f the full age of twenty-one years, having re- might be unsafe depositories of popular power; and the des'g" was to admit no nn to the freedom of the province who had not a stake in it. That the clause which relates to freedom by service, was not intended for manumitted slaves, is evident from the fact that there were none; and it regarded not slavery, as lim¬ ited servitude expired t=y etilux of time. At that time, certainly, the case of a manumitted slave, or of his ' freeborn progeny, was not contemplated as one to be provided for in the founder's scheme of policy. I have sided in this state for the space of one whole year, be- freedom of the I mre ",e ^ay or' election, and paid taxes during that time, shall enjoy the rights of an elector." Now if the word freeman were not potent enough to admit a free negro to suffrage under the first constitution, it is difficult to discern a degree of magic in the intervening plan of emancipation, sufficient to give it adequate potency, in the apprehension of the Convention under the second. The only thing in the history of the Convention, quoted the passage, however, to stow that the word which casts a doubt upon the intent, is the fact that freemen whs applied in a peculiar sense to the politi-j the word white was prefixed to the word freeman in cal compact of our ancestors, resting, like a corpora- '• the report of the committee, and subsequently struck tion, ou a charter from the crown; and exactly as it' out—probably because it was thought superfluous, or was applied :.< bodies politic;.1 at In,me. In entire con- i still more probably because it was feared that respect- sonance, it was declared in the Act of Union, given at \ able men of dark complexion would often be insulted Chester in the same year, that strangers and foreign- 1 at the polls by objections to their colour. I have heard ere holding land "according to the law of a Ireeman," '[ it said that Mr. Gallatin sustained his motion to strike and prom is in" obedience' to the proprietary, as well as : out on the latter ground. Whatever the motive, the allegiance to the crown, " shall be held and reputed ; disseverance is insufficient to warp the interpretation freemen of the province and counties aforesaid"—and of a word of such settled and determinate meaning as it was further declared, that when a foreigner "shall i the one which remained. A legislative body speaks make his request to the governor of tho province for to the judicary only through its final act, and express- the aforesaid J'n i dam, the same person shall be ad- \ es its will in the words of it; and though their meaning mitled on the conditions herein expressed, paying may be influenced by the sense in which they are usu- twenty shillings sterling UIK! no more"—modes of ex- i ally applied to extrinsic matters, we cannot receive an pression peculiai ly appropriate to corporate fellowship.! explanation of them from what has been moved orsaid The word in the same sense pervades the Charter of lu debate. The place of a judge is his forum—not the Privileges, the act of s ttlement, and the act of natu- i legislative hall. Were he even disposed to pry into raliza&ion; in the preamble to the last of which, it was j the motives of the members, it would be impossible said tfl-t some ofthe inhabitants were " foreigners and ' f°r mm to ascertain them; and in attempting to dis- not rHfmen, according to the acceptation of the laws: cover tho ground on which the conclusion was attain¬ ed E$j_and." It held iis place als-o m the legislative | ed, it is not probable that a member of the majority style oMiactment down to the adoption ofthe present) could indicate any that was common to all. Previous co'nstMMlion ; aft t which, the word's " by and with the | propositions are merged in the act of consummation ; advicJtnd consent of the freemen," were left out and j and the interpreter of it must look to that alone. the present style substituted. Thus, till the instant j I have thought it fair to treat the question as it stands when the phrase on which the question turns, was| affected by our own municipal regulations, without il- penned, the term freeman had a peculiar and specific! lustration from those of other states where the condi- sense, being used like the term citizen which sup-j tion of the race has been still less favoured. Yet it is plantje^Hto denote one who had a voice in public af- proper to say that the second section of the fourth ar- fairs. 'The citizens were denominated freemen even j tide of the Federal Constitution presents an obstacle in the Constitution of 1770—and under the present! to the political freedom of the negro, which seems to Constitution, the word, though dropped in the style, j be insuperable. It is to be remembered that citizen- was __b legislative acts convertibly with electors,; ship, as well as freedom, is a constitutional qualifica- 60 late ___pe year 17bb, when it grew into disuse. tion ; and how it could be conferred so as to overbear which every case of disputed colour must be determined by no particular rule, but by the discretion of the judges, and thus a great constitutional right, even under the proposed amendments of the constitution will be left to the sport of caprice. In conclusion, we areof opinion the court erred in directing that the plaintiff' could have his action against the defendant for the rejection of his vote.—Judgment Reversed. From the Christian Intelligencer. THE LATE COL. A. R. "THOMPSON. A sermon was preached by the Rev. John Knox, D. D., in the Middle Dutch Church, on the 11th of Fe¬ bruary last, on the occasion ofthe death of Lieutenant Colonel Alexander R. Thompson of the U. S. Army, who was killed in battle with the Indians, at Okee- cho-kee, December 25, 1837. This sermon was fur¬ nished lor publication at the request of the bereaved widow, and relatives, and is now just issued from the press. The subject discussed is preparation for death, founded on Matthew xxiv. 44—Therefore be ye also ready, <Src. The discussion is marked by the charac¬ teristic good Sense, arid judiciousness of the author, and well adapted to exert an appropriate practical in¬ fluence. The biographical and characteristic sketch which folttnira this discussion, furnishes a tribute to the memory of one who was highly respected, and greatly beloved in every relation of life which he sustained. Those who were favoured with the acquaintance and friendship of Col. Thompson, will gladly procure this discourse as a memorial of him, and will unitedly ac¬ knowledge that while it accurately exhibits the linea¬ ments of his character, it is a likeness in no wise over¬ drawn. Col. Thompson previous to his profession of religion exhibited a consistency and excellence of character which uniformly wonatii><■•»>' >">*nnnfl»>~~*» But, it was religion at inst wluCIi gave him his crown¬ ing, and distinguishing excellence. His religion was not of an equivocal and inactive character. He breath¬ ed the spirit of his master wherever he went,and sought to do good. Considering the sphere in which he mov¬ ed, and the good confession which he witnessed, it was proper that such a memorial of him as the should be furnished to the public, and be preserved. The lead¬ ing circumstances of his life, and the incidents con¬ nected with his death, as stated in this se/mon, have already been alluded to in our columns, in the biogra¬ phical sketch which was inserted, and ii> articles of intelligence in relation to the battle in wfiich he fell. We therefore merely extract the characteristic sketch which follows these details. " In Col. Thompson's character there vas a rare combination of excellence. The duties of ihe various relations of life were by him filled up with-iugular fi¬ delity and felicity. As a son and a husband, lie was ten¬ der and devoted. As a brother and a friend) he was greatly endeared. His mind was well bakneed, and his integrity undeviating. Enjoying the confidence of his superiors in rank, he had the respect of all. He was a man of most amiable disposition. He sought the welfare and the happiness of all around him. The very spirit of kindness dwelt within him. Mild and gentle, yet weighing matters fully, he was firm and decided. When conscience and duty urged, he never feared responsibility; but, moved promptly tor- ward. But, the crowning excellence of all, and that of which it best becomes me here lo spetk, was, that he was a man of God—a Christian—decided—devoted— consistent, and exemplary. Having long manifested a deep concern for the moral improvement of the men under his command, he established schools both for the young and for the soldiers, and in various '.vays endea¬ voured to lead them to a profitable improvement of their leisure time, and lent his influence tt the promo¬ tion of Sabbath schools, and kindred efforts to do good ; during the early part of 1834, he was jn Furlough in this city, at a time when considerable attention to re¬ ligion existed in these churches. He was then con¬ stant and unwearied, and earnest in his attendance upon the means of grace. His mind was meditative and solemn. The Spirit of God was at work in his soul; and after consideration, prayer, conference and counsel, having given his heart to God, his name, in March, 1834, was enrolled among the professed disci¬ ples of Christ. His deep humility, his self-renuncia¬ tion, his love to the Saviour, and his overpowering sense of gratitude to God, manifested on thtt occasion, cannot easily be forgotten. Having performed this act, he returned to his home, and there, with her to whom he now felt himself bound by a new tie, on bended the Sunday school. j of Dr. Bowditch ; and his fiend, upon being requested Many a time did he kneel by the pallet of the sick ! to lend it, with great liberality presented it to him— and dying soldier, and commend his precious soul to : the man who, above all others in the country, was the heaven's mercy. best able to make the most advantageous use of it. So An exact disciplinarian, he nevertheless won the J far as great effects may be said to flow from small hearts of his men. He was in all respects, the soldiers' j causes, what important consequences may have follow- friend, and a model to those whom God has placed in 1 ed from the preservation of this single and apparently stations of influence. J worthless volume, by an individual who could make no Often has he taken with him his wife and half a i use of it! Dr. Bowditch sometimes alluded to this oc- dozen men off duty, with a supply of Bibles, tracts ; currence ; and, on the occasion of presenting a copy of and litttle books, and penetrated the lonely wilderness, | his La Place to a friend—who declined taking it be- and visited every hamlet, and left the messages of life, j cause he was no better able to read it, than his mrrcan- wilh words suited to a work so blessed. He combin- tile friend could the Principia—delicately insisted upon ed the missionary with the soldier. His sentiments J its acceptance; and, in the last resort, remind* d his were these—" the force and example of a commanding ' friend, that if not useful to him personally, it might, officer are great with his men, and we have in all i perhaps, be placed in the hands of some one, to whom mildness and care, used this advantage to do the most | it might be valuable, as the copy of the Principia good in our humble walk, and thus far we have great cause for thankfulness." Whilst stationed at Newport, Ky., opposite to Cin¬ cinnati, his command was taken over the river, regular¬ ly on the Sabbath, to attend divine worship. One of the soldiers, a man of education and intelligence, be¬ came a sincere Christian, and joined the Presbyterian Church in Cincinnati, under the pastoral charge of the Rev. Dr. Wilson. He avowed his first impressions to have been awakened by the uniformly consistent and exemplary deportment of his commander, whom he had watched narrowly—at first, that he might find some¬ thing to censure. In a recent letter he remarks, " I feel a greater desire at present to remain in the army, as I am im¬ pressed that with my rank, character and example, I may be the humble instrument of doing some good to had been to himself. Dr. Bowditch did not remain long in the situation of a merchant's cleik. His mathematical talent, in a town eminently distinguished for nautical enterprise, could not fail of being called into exercise, in connection with the art of navigation ; and a large portion of the well known skill ofthe navigators of Salem may justly bo considered as the fruits of the instruction which may be traced, directly or indirectly, to his scientific ac¬ quirements. He was, besides, a practical navigator himself for a few years; principally, if not exclusively, in the Eist India voyages, which gave him the most favourable opportunities of rendering his mathematical studies practically useful to the nautical interest of his country. At that period, the common treatise on navigation was the well known work of Hamilton Moore; which my fellow man, in the station ofthe destitute, and pri-1 has occasioned many a shipwreck, but which Dr. Bow vate soldier." Attain, li T QIV» Olifi'rtun/lo^ fcy —-11 *U« y»—-rr»p —.rid cir- cumstanees of war, but the display of command pre¬ sents but few attractions to me, except tho conscien¬ tious discharge of my duty, for I am sensible that I pre¬ fer the humble and peaceful habits of the Christian, to all the noise and bustle of the man of the world—and can pray for those happy days, when war shall cease ditch, like other navigators, was obliged to i se. But, >.[.... ._u_mu_lu_ it in Ins dailj operations, he found it abounding with blunders and over-run with typogra¬ phical errors, particularly in the Nautical Tables, in which, above all parts of the work, great accuracy was indispensable; of these last errors, many thousands, of more or less importance, were corrected in his early revisions of the work. He published several editions from the earth, and when men shall dwell together : of Moore's work under that author's name; but the as brethren." O ! soul of chivalry, as he was, he had J whole fabric at length underwent so many changes aspirings higher far than for mere military renown He sought for glory, honour and immortality ; eternal life in the heavens; and the love of Christ constrained him. He was a man of liberal, systematic, conscientious charity. His last annual commission, relating to the institutions of religion, was received in October. " Give," said he, " $30 to the American Bible Society, $20 to the American Tract Society, $57 (an amount put into his hands by a dying soldier) to the Orphan Asylum, and distribute the remainder in small sums of tens and fives to other institutions, and do not forget the poor or the widow." Such was Alexander R. Thompson. But I must close—I have already trespassed on your time. I have overstated nothing. There are ample materials for saying much more in illustration of his character—all harmonious and consistent. The death of such a man is a loss to the world. In his death, the soldier has lost a friend—the poor a bene¬ factor—the country a defender—the army an intelli¬ gent, practiced, and accompli-hcd officer—society an ornament—the church a member who carried the holy influences of the religion that is from above, beyond her organized boundaries—and there is one heart, amidst the general grief, which by the stroke that laid him low, is bereaved of its best and sweetest earthly stay and solace. But, it mourns not as they mourn and radical improvements by the addition of new, and the rejection of old and worthless matter, as lo warrant his publishing it under his own name, and the work of Moore is now only remembered from its having been superseded by "Bowditch's Naviga¬ tor." It may be added, that he was enabled to give the greater accuracy to his work by means of a collection of manuscript journals of his sea-faring townsmi n, pre¬ served in the valuable East India Society's Museum in Salem.. By a rule of that association—which is be¬ lieved to have been proposed by Dr. Bowditch each member was required to carry with him on every voy¬ age, a blank book, nvthodically arranged, for the pur¬ pose of keeping a journal of observations and remark¬ able occurrences; the journals (now amounting to many volumes) at the end of the voyage were° re¬ turned to the Museum, and they form a repository of innumerable observations in nautical and geogra¬ phical science not to be found in any other sources. In connection with this part ofthe subject, it should be further observed, that hr. Bowditeh also employed himself during several seasons (1805, '6,'7) in makino- an elaborate hydrographical survey of the harbour of Salem, with the adjacent harbours, Marblehead, Bever¬ ly and Manchester; of which he published an admira¬ ble chart of surpassing beauty and accuracy. With such extraordinary exactions was this laborious work who have no hope. " Blessed are the dead who die in j performed, that the pilots of the port discovered, and the Lord, they rest from their labours, and their works i were the fir-t to observe to the author, that marly of do follow them." their land marks—which, however, Dr. B. did not Our friend looked forward with great desire to his \ know to be such—were in fact laid down with such return to the heart of his family, and the bosom of his \ perfect accuracy in the survey, that the various church. Another event in God's unerring Providence j ranges on the chart corresponded with the utmost has occurred. possible precision to those of the natural objects them- " Be ye also ready, for in such an hour as ye think 'selves. not, the Son of Man cometh." From the Boston Daily Advertiser. THE HON. NATHANIEL BOWDITCH, LL It gives us pain to announce the decease of our dis¬ tinguished townsman Dr. Bowditch, which took place yesterday, at 1 o'clock, after an illness of several D. knees, poured out his heart in thanksgivirg to God, [ fled with the science of his native country ; and our The ardour and perseverance which distinguished Dr. B. through life, were very early conspicuous in the prosecution of his mathematical and philosophical sin dies. While his pecuniary _-_,n8 were ]jmit„j~ he used to make copious abstracts of tnf> ■_-:__:«:« ' _■ . r •. .,"- sc'entihc oa- pers in that immense repository, the s>',;i , ' . Transactions of the Royal Society of London ;B «£:„', bour was continued through many years; and the"nu- ! merous large volumes of ihese manuscript abstracts in W™S' j .i c »u • » ii k„ c h ; his library, embracing a great portion of that whole The death of this eminent man vv.Il be felt in stin'remain the testimonials of his nntirijo?_?. America as a national loss. His name was identi- j '_ ___, :_ .u *__. dustry and zeal in the cause of science. During a large part of his life he was a principal who had preserved him in so many dangers, and had . national character with men of science abroad, is in-, cnntribufor l0 the Wemnirs of the American Academt not cut him off while a stranger to his gract; and im-1 debted to no one mdividual-with the exception, per-1 &nd jt ig unnecessary t0 add, that his communications plored help from on high to enable him to wtlk worthy I haps, of Dr. Franklin—so much as to him ofthe profession he had made Dr. Bowditch was born on the 26th of March, 1773, are among the most important in that work. He , .- .. i . i . ii ., , ,iii , i also author of a few reviews in the leading iournal nf And, from that day till the day of his death, his lite at Salem, in the State of Massachusetts. In his educa- . m & journal or abounded with the fruits of righteousness, which are | tion, he had no other advantages than those afforded | ,„ lhe year 1806 at the particillar in8tance, as it wa8 by Jesus Christ toXhe praise ot the glory ofjhia grace, by the common town schools, w hich at that period, were ! rf ^ ^ Chjef Jugtice Par30ns_w, M His religion was living, active, and controlling. In-! comparatively meagre, and inadequate to the great pur- ,. deed, my hearers, were I to spread out before you his | pose of disciplining and storing the mind with know- | g_brancl ordinary attainments include a knowledge ofthehiffh- ,,,,,,, , ; , .erbranchesof mathematics—Dr. Bowditch was elertpH example, it might well rebuke many ot us, great as a re ledge. _ J professor of Mathematicsand Natural Philosophy in_hp and might serve us as a model. At the usual age, he was placed as a clerk, or ap-1 ^ . cr, ,__ u_ __,_ j . , our privileges ;a..umigiH serve us as a mouei. m me new age, no was pro-. -> - «-»_£ "" -Jf j University of Cambridge. He could not, ho'wevpr *h He loved his church, her ordinances, her order, her prent.ee, in the store of a merchant, in Salem ; and, ; mdJtf) t thefcoffice ; principal];, it _8 _p„'p_ members, and her ministry. j while in that situation, it is said, he used to employ , JJ jf wM| ^f_om _„ apprehension th ! M His letters breathe throughout the spirit of piety ; his leisure time in his favourite science of Mathema-; cu'm_lances (jf Jj, not havingHbeen educated aTthS trust m God and a deep and subdued resignation, and ; tics, and various practical subjects connected with it., univergit mj 1)t rPIlder the discharge ofk_Tl_2_ submission to his will. »1 neither fear the tl.mate," j H.s attention was directed, at an early age, to the ; satisfacto^y l0 himself than he could wish T\ But, as this said he, "nor the savage, for my trust is on high." " I Prtncipta of his great master, Newton. -«-, m «-,. fa fc h|m brgt ,lowever often fe ! work was published in the Latin language, which he . extraor(]jnarv power -#• ;-*:- "1 feel a confidence in the God in whom I trust; and had not then learned, he was obliged to begin his read-1 ^. c]eare*t manner make little calculation, leaving'ail tilings to Uod." ! work was published in the Latin language, which he ; extraor(]inary power 0f communicating instVuctioi And Chief Justice Parsons, competent a judge in the case as could be found do not believe that he will forsake me, in the time ef ing of it, by asking some of the Cambridge siudents trouble, or of danger, for he is the God of battle. (during their vacations at Salem, to explain it to him anv"countrv n ie writer of th " I shall str.ve to pursue the course of a Christian i„ English. He soon discovered hovvever, that hisown ^ ^ m'ei/h(Thad kno he had » J22L_~ and a soldier, and leave the result to Hun who con- knowledge ol the subject, with the aid ot the mathema- __|_____,jj ,i ___i who could make anv mathematical proDositinn en l.ci.lp!o,,^saI,du.,gr.M,1,l,1ii.,r!I,., Princi- MH,ntl# _Wamjf,SuX™Jg^^^ trols all our destinies." His habits were strictly devotional. " I often leave I pia, enabled him to comprehend the reasoning con the camp for the forest sanctuary, that I may worship; ed in the modern and technical Latin of the work, more God without interruption, and offer up my morning j readily than he could do with the help of the superior j * In the Monthly Anthology and North American Re prayers." When at home, he was never known to j knowledge which the University students possessed of! view.
Object Description
Title | The Colonization herald and general register |
Replaces | Colonization herald (Philadelphia, Pa. : 1835) ; Colonization herald (Philadelphia, Pa. : 1849) |
Subject | Colonization Pennsylvania Newspapers ; Back to Africa movement Newspapers ; African Americans Colonization Africa Newspapers |
Description | A newspaper of the Pennsylvania and New York Colonization societies, covering immigrant issues, African American affairs, religious tracts and tract societies, and various other issues, such as the Apprentices’ Library company of Philadelphia. Contains advice and informational columns on household affairs and farming. Also reports on the Back to Africa movement and African affairs in other countries, such as Haiti. Published fortnightly at first, then weekly, in 1838, then published monthly in at least January-June 1839, beginning with the New Series, which restarted numbering. Issues from March 14, 1838 to December 26, 1838. |
Place of Publication | Philadelphia, Pa. |
Contributors | Pennsylvania Colonization Society |
Date | 1838-04-04 |
Location Covered | Philadelphia, Pa. ; Philadelphia County (Pa.) |
Type | text |
Digital Format | image/jp2 |
Source | Philadelphia Pa. |
Language | eng |
Rights | https://creativecommons.org/publicdomain/zero/1.0/ |
Contact | For information on source and images, contact the State Library of Pennsylvania, Digital Rights Office, Forum Bldg., 607 South Dr, Harrisburg, PA 17120-0600. Phone: (717) 783-5969 |
Contributing Institution | State Library of Pennsylvania |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Description
Title | Philadelphia-Phila_Colonization_Record04041838-0053; The Colonization herald and general register |
Replaces | Colonization herald (Philadelphia, Pa. : 1835) ; Colonization herald (Philadelphia, Pa. : 1849) |
Subject | Colonization Pennsylvania Newspapers ; Back to Africa movement Newspapers ; African Americans Colonization Africa Newspapers |
Description | A newspaper of the Pennsylvania and New York Colonization societies, covering immigrant issues, African American affairs, religious tracts and tract societies, and various other issues, such as the Apprentices’ Library company of Philadelphia. Contains advice and informational columns on household affairs and farming. Also reports on the Back to Africa movement and African affairs in other countries, such as Haiti. Published fortnightly at first, then weekly, in 1838, then published monthly in at least January-June 1839, beginning with the New Series, which restarted numbering. Issues from March 14, 1838 to December 26, 1838. |
Place of Publication | Philadelphia, Pa. |
Contributors | Pennsylvania Colonization Society |
Location Covered | Philadelphia, Pa. ; Philadelphia County (Pa.) |
Type | text |
Digital Format | image/jp2 |
Source | Philadelphia Pa. |
Language | eng |
Rights | https://creativecommons.org/publicdomain/zero/1.0/ |
Contact | For information on source and images, contact the State Library of Pennsylvania, Digital Rights Office, Forum Bldg., 607 South Dr, Harrisburg, PA 17120-0600. Phone: (717) 783-5969 |
Contributing Institution | State Library of Pennsylvania |
Sponsorship | This Digital Object is provided in a collection that is included in POWER Library: Pennsylvania Photos and Documents, which is funded by the Office of Commonwealth Libraries of Pennsylvania/Pennsylvania Department of Education. |
Full Text |
anon
zmB
&
;AND GENERAL REGISTER.
U|U___fc.
CONDUCTED BY THE PENNSYLVANIA AND NEW YORK COLONIZATION SOCIETIES
WHATSOEVER YE WOULD THAT MEN SHOULD DO TO YOU, DO VE EVEN SO TO THEM.
Vol. I.—NEW SERIES.
PHlL.ADEI.PniA, WEDNESDAY, APRIL I, I 838
IVO. 14
NEGRO SUFFRAGE IN PENNSYLVANIA.
Opinion of the Supreme Court.
William Fogg, vs. Hiram Hobbs, and others.
The opinion of the Court was delivered by Gibson,
Chief Justice.
This record raises, a second time, the only question
In an act, passed the fourth of April in that year,
for the establishment of certain election districts, it
was, tor the first time, used indiscriminately with that
word ; since when, it has been entirely disused. Now,
it will not be pretended the legislature meant to have
it inferred that every one not a freeman within the
purview should be deemed a slave ; and how can a con¬
vergent intent be collected from the same word in the
tin a phrase in the Constitution, which has occurred _-___.. . , . ,
. v. j „ j . .• - „„,. k„.,« Constitution, that every one not a slave is to be ac-
6inee its adontion; and however partizans may nave , , , . ,, £, ___._._» i •••
sin c no Buupuuu, -i~ i e i_____u counted an elector; Except for the word citizen
disputed the wisdom of its provisions, no man has dis- k. _. ___________ «_. » . 1 . c i_c
which stands in the context also as a term of quanfi-
puted the clearness of the phraseology. We have , ... ..., . . , , , ,
ft u nT" ♦ _„r -™ ;lDi;m;„)iAno ~r cation, an affirmance of these propositions would extend
often been called upon to enforce its limitations ot|_, , ,,. . , ___ ' , . • _-_...-_
legislative power; but the business of interpretation
was incidental, and the difficulty was not in the dic¬
tion, but the uncertainty of the act to which it was to
be applied. I have said, a question on the meaning of
a obra^e has arisen a second time. It would be more
the right of suffrage to aliens; and to admit of any
exception to the argument, its force being derived from
the supposed universality of the term, would destroy
it. Once concede that there may be a freeman In one
sense of it, who is not so in another, and the whole
ground is surrendered. In what sense then must the
accurate to say the same question has arisen these- J\ , ..- ... . , , , ■ _, . ■
_,____;, 7 ,-nc ,1 •. c Convention ot 1700 be supposed to have used the term 7
cond time. About the year 1/95, as 1 have it from '
James Gibson, _-4B, of the Philadelphia Bar, the very
Questionless in that which it had acquired by use in
• , , , mi,' i . public acts and legal proceedings, for the reason that
point before us was ruled byhelh.h Court of Errors J J ^ M^ ^ fa MTfa
and Appeals, against the right of Negro suffrage. Mr , me of th ke„ JJ wriUeri, must be as hath
Gibson declined an invitation to be concerned in he b__n cobB&tan,Iy%^eived/. (Vaugh 169.) On this
argument, ami therefore has no memorandum ol tne . . , . . <.ai . ,. v 5 , ' . _.
* ' .'. _ _i i ti .. fll„ „«:„„, principle, it is difficult to discover how the word free-
cause to direct us to the n cord. I have had the office L, .- „ i • • . ... . ,
u i r . i . .i ii r u-- ;„.„ _„_u ■ man, as used in previous acts, coud have been meant
searched for it; but the papers had fallen into such. ' , . ' , , ' .. . , . _.
j. . ' ' , , .' H c ., „• _ ____ M__, to comprehend a coloured race. As we might it be
• disorder as to preclude a Impe of its discovery. Most _"J . , , . ; _ , __ ,.
____.., h- , . „ f ,i„_ „,„„_. !«__. supposed that the declaration of universa and unali-
of them were imperfect, and many of them were lost \ _aT«L___i • i .u r-> ■ .
j T> ,. i\t Vu i ~ i -„-.„„ «» tk« i enable freedom in both our Constitutions, was meant
uLgt misp aced. But Mr. Gibson s remembrance of the , ... .T ,. , '
If j . K r . , __»« , . <• I, „ Ci„„„„ i to comprehend it. Nothing Was ever more compre-
!» decision is perfect and entitled to full confidence. , K ,. , , " . . „ ' ..
»/r.u . .u . . ) • -. uki., „,.,;„,. .„ I nensively predicated, and a practical enforcement of
tf That ihe case was not reported, is probably owing to • •_/__. ,u . i i • .u
%Ji c . _7 \ .u i . ._7a„ it won d have iberated every save in the state; yet
the fact that the judges gave no reasons and the
Ipmission is the more to be regretted, as a report of it
would have put the question at rest and prevented
.•much unpleasant excitement. Still the judgement is
( not less authoritative as a precedent,
court of last resort, that tribunal bore the same rela¬
tion to this court, that the Supreme Court does to the
Common Pleas; and as its authority could not be ques¬
tioned then, it cannot be questioned now. The point
; therefore is not open to discussion on original grounds.
But the omission of the judges, renders it proper to
mitigated slavery long continued to exist among us in
derogation of it.
Rules of interpretation demand a strictly verbal con-
St-ui'im" asth'e struct'on°f nothing but a penal statute; and a consti-
~ l tution is to be construed still more liberally than even
a remedial one, because a convention legislating for
masses, can do little more than mark an outline of fun¬
damental principles, leaving the interior gyrations and
details to be filled up by ordinary legislation. "Con¬
ventions intended to regulate the conduct of nations,''
said Chief Justice Tilghman, in the Farmers Bank v.
show that iheir decision was founded in the true prin-,. ,. ., ,, , , ,, . .., , .
Iciph-s of the Constitution. In the first section of the j ^'th 3 Searg t and Bawl. 69, are not to be con
1 third article, it is declared that in eh ctionsby the c.ti- \\ rued like articles of agreement at the common law
Ixens, » every freeman of the age of twenty-one years,! It~ls of lltt,e -nportanceto the public, whether a tract
iving resided in the state two years before the elec-
>n, and having within that time paid a state or coun-
tax," shall enjoy the rights of an elector. Now the
rgument of those who assert the claim ofthe coloured
pulation, is that a negro is a man ; and, when not
Id to involuntary service, that he is tree; consequent
Wk that he is a freerwtn ; and if a freeman in the com¬
mon acceptation of the term, then a freeman in every
acceptation of it. This pithy and syllogistic sentence
comprises the whole argument which, however elabo¬
rated, perpetually gets back to the point from which
it started. The fallacy of it, is its assumption that
the term freedom signifies nothing but exemption from
Involuntary service; and that it has not a legal signi¬
fication more specific. The freedom of a municipal
Hrporation, or body politic, implies fellowship and
Hrticipatioti of corporate rights; but an inhabitant of
■ incorporated place, who is neither servant nor slave,
Hugh bound by its laws, may be no freeman in re¬
spect of its government. It has indeed been affirmed
by text writers, that habitance and paying scot and lot,
gives an incidental ri_ht to corporate freedom ; but the
Oonrts have refused to acknowledge it even when the
charter seems to imply it; and, when not derived from
prescription or grant, it lias been deemed a qualifica¬
tion merely, and not a title. (Wilcox, chap. 3, pi. 456.)
Let it not be said that the legal meaning of the word
freeman is peculiar to British corporations, and that
we have it not in the charters and constitutions of
Pennsylvania. The laws agreed upon in England, in
1682, use the word in this specific sense, and even fur¬
nish a definition of it. " Every inhabitant of said
province that is or shall be a purchaser of 100 acres
of land or upwards, his heirs and assigns, and every
person who shall have paid his passage and shall have
taken up one hundred acres of land at a penny an acre,
and have cultivated ten acres thereof; and every per¬
son that hath been a servant or bondsman and is free
by his service, that shall have taken up his fifty acres
of land, ami shall have cultivated twenty thereof; and
_very inhabitant, artificer, or other resident in said pro¬
vince that pays scot and lot to the government, shall
be deemed and accounted a freeman of said province ;
and every such person shall be capable of electing or
being elected representatives of the people in provin¬
cial council or ueneral assembly of siid province."
Now why this minute and elaborate detail! Had it
been intended that all but servants and slaves should
be freemen to every intent, it had been easier and
more natural to say so. But it was not intended. It
was foreseen that there uould be inhabitants, neither
thelaws imposing countless disabilities on him in other omit family worship—and he was constantly in the the Latin of Cicero and Virgil; and he was soon con¬
states, is a problem of difficult solution. In this aspect habit of retirement tor private meditation and prayer vinced that his shortest cour.-e would be to acquire a
the question becomes one not of intention, but of pow- on the Sabbath, when not able to attend public wor- knowledge of the language for himself; which by ?rea^
er; and of power so doubtful as to forbid the exercise ship. A minister of the gospel never visited his (ami- perseverance he accomplished, and was enabled to read
of it. Every man must lament the necessity of these ly without being invited to offer a prayer before he any work of science in it. And thus he was another
disabilities; but slavery is to be dealt with by those left the house, when the servants also were called in instance, like that of the ancient Greek writer, who
whose existence depends on the skill with which it is to join the devotional exercise. Often, and earnestly, relates of himself that during his residence at Rome,
treated. Considerations of mere humanity, however, did he ask tne prayers of God's people in this commu-, he obtained a knowledge of the language of the Ro-
belong to a class with which, as judges, we have not nion. j mans, by his knowledge of the subjects which they
to do; and interpreting the constitution in the spirit of He was a man of true Christian benevolence—exert- discussed in it. He afterwards learned French, for the
our own institutions, we are bound to pronounce that ing his best skill and endeavours, not only for the com- '■ purp >se of having access to the treasures of French
men of colour are destitute of title to the elective Iran-' fort, but for the moral and spiritual well-being of all mathematical science; and, at a late period of his lite,
chise. Their blood, however, may become so diluted around him. When stationed at po^ts where no op- he acquired some knowledge of the German language,
in successive descents, as to lose its distinctive char- . portuuity of public worship was enjoyed, the command : A little circumstance connected with his study of
acter; and then both policy and justice r quire that « as invited to assemble, usualiy in the hospital, on the, Newton's Principia, will not be uninteresting to the
previous disabilities should cease. By the amended ■ Sabbath, when religious exercises were performed, the learned and the unlearned. The Latin copy of it,
constitution of North Carolina, no free negro, mulatto, scriptures and a well selected sermon read^ccompa- j which Dr. Bowditch used, was presented to him by a
or free person of mixed blood, descended from negro j nied with suitable remarks. j mercantile fiiend in Salem, who made no pretensions to
ancestors to the fourth generation inclusive, though His standing duties on the morning of the Sabbath,, science, and would never have thought of opening the
one ancestor of each generation may have been a were to visit the hospital, the sick in quarters, and the j work ; but he had preserved it, in his little library of
white person, shall vote tor members ol'ihe legislature, married families of the enlisted men, and dispense in- : popular works, as a book that possibly might one day
I regret to say, no similar regulation for practical pur- j atructfon and admonition, place little books and tracts' be of use to some person. By a remarkable coincidence
poses, has been attempted here ; in consequence of j in the hands of little children, and recommend to them of circumstances, the volume came to the knowledge
of land belong to A or B. In deciding these titles,
strict rules of construction may be adhered to, and it
is best they should be adhered to, though sometimes at
the expense of justice. But where multitudes are to
be affected by the construction of an amendment, great
regard is to be paid to the spirit and intention." What
better key to these, than the tone of antecedent legis¬
lation discoverable in the application of the disputed
terms 7
But in addition to interpretation from usage, this an¬
tecedent legislation furnishes other proofs that no co¬
loured race was party to our social compact. As was
justly remarked by President Fox, in the matter ofthe
late contested election, our ancestors settled the pro¬
vince as a community nf uui.i**. man i »nH ti>-> bUoi«-
were introduced into it as a race of slaves—whence
an unconquerable prejudice of caste, which has come
down to our day, insomuch that a suspicion of taint
still has the unju.-t effect of sinking the subject of it
below the common level. Consistently with this pre¬
judice, is it to be credited that parity of rank would be
allowed to such a race 7 Let the question be answer¬
ed by the statute of 1726, which denominated it an
idle and a slothful people ; which directed the magis¬
trates to bind out free negroes for laziness or vagrancy ;
which forbade them to harbour Indian or mulatto slaves
on pain of punishment by fine, or to deal with negro
slaves on pain of stripes; which annexed to the inter¬
dict of marriage with a white, the penalty of reduc¬
tion to slavery ; which punished them for tipling with
stripes,and even a white person with servitude for in¬
termarriage with a negro. If freemen, in a political
sense, were subjects of these cruel and degrading op¬
pressions, what must have been the lot of their breth¬
ren in bondage. It is also true that degrading condi¬
tions were sometimes assigned to whitemen, but never
as members of a caste. Insolvent debtors, to indicate
the worst of them, were compelled to make satisfac¬
tion by servitude; but that was borrowed from a kin¬
dred and still less rational principle of the common
law.
This act of 1726 however, remained in force till it
was repealed by the emancipating act of 1760; and it
is irrational to believe that the progress of liberal sen¬
timents was so rapid in the next ten years, as to pro¬
duce a determination in the Convention of 1790, to
rai?e this depressed race to the level of the white one.
If such were its purpose, it is strange that the word
chosen to effect it, should have been the very one
chosen by the Convention of 1776 to designate a white
elector. " Every freeman," it is said Chap. II., Sect.
planters nor taxable, who though free as the winds, iVI- ",,f the full age of twenty-one years, having re-
might be unsafe depositories of popular power; and
the des'g" was to admit no nn to the freedom of the
province who had not a stake in it. That the clause
which relates to freedom by service, was not intended
for manumitted slaves, is evident from the fact that
there were none; and it regarded not slavery, as lim¬
ited servitude expired t=y etilux of time. At that time,
certainly, the case of a manumitted slave, or of his
' freeborn progeny, was not contemplated as one to be
provided for in the founder's scheme of policy. I have
sided in this state for the space of one whole year, be-
freedom of the I mre ",e ^ay or' election, and paid taxes during that
time, shall enjoy the rights of an elector." Now if
the word freeman were not potent enough to admit a
free negro to suffrage under the first constitution, it is
difficult to discern a degree of magic in the intervening
plan of emancipation, sufficient to give it adequate
potency, in the apprehension of the Convention under
the second.
The only thing in the history of the Convention,
quoted the passage, however, to stow that the word which casts a doubt upon the intent, is the fact that
freemen whs applied in a peculiar sense to the politi-j the word white was prefixed to the word freeman in
cal compact of our ancestors, resting, like a corpora- '• the report of the committee, and subsequently struck
tion, ou a charter from the crown; and exactly as it' out—probably because it was thought superfluous, or
was applied :.< bodies politic;.1 at In,me. In entire con- i still more probably because it was feared that respect-
sonance, it was declared in the Act of Union, given at \ able men of dark complexion would often be insulted
Chester in the same year, that strangers and foreign- 1 at the polls by objections to their colour. I have heard
ere holding land "according to the law of a Ireeman," '[ it said that Mr. Gallatin sustained his motion to strike
and prom is in" obedience' to the proprietary, as well as : out on the latter ground. Whatever the motive, the
allegiance to the crown, " shall be held and reputed ; disseverance is insufficient to warp the interpretation
freemen of the province and counties aforesaid"—and of a word of such settled and determinate meaning as
it was further declared, that when a foreigner "shall i the one which remained. A legislative body speaks
make his request to the governor of tho province for to the judicary only through its final act, and express-
the aforesaid J'n i dam, the same person shall be ad- \ es its will in the words of it; and though their meaning
mitled on the conditions herein expressed, paying may be influenced by the sense in which they are usu-
twenty shillings sterling UIK! no more"—modes of ex- i ally applied to extrinsic matters, we cannot receive an
pression peculiai ly appropriate to corporate fellowship.! explanation of them from what has been moved orsaid
The word in the same sense pervades the Charter of lu debate. The place of a judge is his forum—not the
Privileges, the act of s ttlement, and the act of natu- i legislative hall. Were he even disposed to pry into
raliza&ion; in the preamble to the last of which, it was j the motives of the members, it would be impossible
said tfl-t some ofthe inhabitants were " foreigners and ' f°r mm to ascertain them; and in attempting to dis-
not rHfmen, according to the acceptation of the laws: cover tho ground on which the conclusion was attain¬
ed E$j_and." It held iis place als-o m the legislative | ed, it is not probable that a member of the majority
style oMiactment down to the adoption ofthe present) could indicate any that was common to all. Previous
co'nstMMlion ; aft t which, the word's " by and with the | propositions are merged in the act of consummation ;
advicJtnd consent of the freemen," were left out and j and the interpreter of it must look to that alone.
the present style substituted. Thus, till the instant j I have thought it fair to treat the question as it stands
when the phrase on which the question turns, was| affected by our own municipal regulations, without il-
penned, the term freeman had a peculiar and specific! lustration from those of other states where the condi-
sense, being used like the term citizen which sup-j tion of the race has been still less favoured. Yet it is
plantje^Hto denote one who had a voice in public af- proper to say that the second section of the fourth ar-
fairs. 'The citizens were denominated freemen even j tide of the Federal Constitution presents an obstacle
in the Constitution of 1770—and under the present! to the political freedom of the negro, which seems to
Constitution, the word, though dropped in the style, j be insuperable. It is to be remembered that citizen-
was __b legislative acts convertibly with electors,; ship, as well as freedom, is a constitutional qualifica-
60 late ___pe year 17bb, when it grew into disuse. tion ; and how it could be conferred so as to overbear
which every case of disputed colour must be determined
by no particular rule, but by the discretion of the judges,
and thus a great constitutional right, even under the
proposed amendments of the constitution will be left
to the sport of caprice. In conclusion, we areof opinion
the court erred in directing that the plaintiff' could
have his action against the defendant for the rejection
of his vote.—Judgment Reversed.
From the Christian Intelligencer.
THE LATE COL. A. R. "THOMPSON.
A sermon was preached by the Rev. John Knox,
D. D., in the Middle Dutch Church, on the 11th of Fe¬
bruary last, on the occasion ofthe death of Lieutenant
Colonel Alexander R. Thompson of the U. S. Army,
who was killed in battle with the Indians, at Okee-
cho-kee, December 25, 1837. This sermon was fur¬
nished lor publication at the request of the bereaved
widow, and relatives, and is now just issued from the
press. The subject discussed is preparation for death,
founded on Matthew xxiv. 44—Therefore be ye also
ready, |
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