Inquiry Into the Origin and Course of Political Parties in the United StatesVan Buren, Martin
History
Inquiry Into the Origin and Course of Political Parties in the United States
Van Buren, Martin
Political parties -- United States
A decision in favor of a free black man's right to institute a suit in
the Federal court, on the grounds of citizenship and his residence in a
different State from the defendant, would undoubtedly establish his
right under the Constitution to the enjoyment in a slave State of all
the privileges allowed to its own citizens. The extent to which such a
construction and the practical operation of the rights which might be
claimed under it would increase the difficulties, already so great, of
maintaining the unity and harmonious action of the Federal system, will
be more and more apparent the deeper the matter is considered. I think
it is quite certain that if the Constitution had been supposed to
contain a provision legitimately authorizing such consequences, it would
not have been agreed to by the slaveholding States, nor, in view of the
liberal spirit evinced even by the latter at the time of the formation
of the Constitution in regard to the extension of slavery, would such a
provision have been insisted upon by their brethren of the States which
had the happiness to be comparatively free from the institution. The
decision must, therefore, be regarded as fortunate, as I cannot but hold
it to be correct. For though the personal rights of individuals, however
humble their position in society, are not the less important and their
protection no less the duty of government, yet the great community may
felicitate itself that claims like these,--the practical enjoyment of
which, while of little value, relatively, to the few who assert them,
may endanger the peace and welfare of millions,--are extinguished
through the agency of the organ of the Government constituted for their
adjustment. It is in such cases, when confined to its necessary and
legitimate duties, that the salutary influence of that high tribunal is
felt by all.
Public-domain text, read in full here on John Shaqi.
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