Charles Sumner: his complete works, volume 06 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 06 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
_Sixthly_, in North Carolina, where Mr. Justice Gaston, in delivering
the opinion of the Supreme Court of the State in the case of _The
State_ v. _Manuel_, declared that “the Constitution extended the
elective franchise to _every freeman_ who had arrived at the age of
twenty-one and paid a public tax; and it is a matter of universal
notoriety, that, under it, _free persons_, without regard to color,
claimed and exercised the franchise, until it was taken from free men
of color a few years since by our amended Constitution.”[145]
To these authoritative precedents, drawn from the very epoch of the
National Constitution, I might add other illustrations. I content
myself with referring to the Constitution of Missouri, which, in
speaking of “every free _white_ male citizen,”[146] admits by
implication that colored persons may be _citizens_, and to the Code
of Alabama, which declares that certain sections “do not apply to or
affect any free person of color who by the Treaty between the United
States and Spain became _a citizen of the United States, or the
descendants of such_.”[147]
But not only in six of the old thirteen States _all freemen_ without
distinction of color were _citizens_, but also under the Articles
of Confederation they were _citizens_. By the fourth article it was
expressly declared that “the _free inhabitants_ of each of these
States (paupers, vagabonds, and fugitives from justice excepted)
shall be entitled to all privileges and immunities of _free citizens_
in the several States.” The meaning of this clause, which is clear
on its face, becomes clearer still, when it is known, that, while
it was under discussion, on the 25th of June, 1778, the delegates
from South Carolina moved to amend it by inserting between the
words “free inhabitants” the word “white,” so that the character of
a citizen should be restricted to white persons. This proposition
was rejected,--two States only voting for it, eight States against
it, and the vote of one State being divided; so that the term “free
inhabitants” was left in its full significance, without any distinction
of descent or color.
The Constitution of the United States next followed. And it contains
not a sentence, phrase, or word of disfranchisement on account of
descent or color, any more than on account of religion.
* * * * *
Public-domain text, read in full here on John Shaqi.
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