Papers of the American Negro Academy. (The American Negro Academy. Occasional Papers, No. 18-19.)Grimké, Archibald Henry
History
Papers of the American Negro Academy. (The American Negro Academy. Occasional Papers, No. 18-19.)
Grimké, Archibald Henry
African Americans -- Congresses
grew into the minds of men the conception that slavery was a condition
appertaining to black men alone, that color was an unmistakable proof of
the condition of a slave, and that the fact that one was of African
descent carried with it this inevitable social degradation. In the
decisions of the courts of a number of the States we find this principle
enunciated. In North Carolina the Supreme Court of that State, in 1828,
decided that "The presumption of slavery arises from a black African
complexion." In 1839, the Supreme Court of Indiana, in passing upon the
constitutionality of the law entitled: "An act concerning free Negroes
and Mulattoes and slaves," held that where a Negro laid claim to freedom
the burden of proof was on him to show it inasmuch as persons of the
African race were presumed to be slaves. In 1842, the Supreme Court of
Ohio decided that under the law of that State "Color alone is sufficient
to indicate a Negro’s inability to testify against a white man. It has
always been admitted that our political institutions embrace the white
population only. Persons of color were not recognized as having any
political existence; they had no agency in our political organizations,
and possessed no political rights under it. Two or three of the States
form exceptions. The constitutions of fourteen expressly exclude persons
of color; and in the balance of the States they are excluded on the
grounds that they were never recognized as part of the body politic."
(Thatcher vs. Hawk, 4th Ohio, Rep., 351.) While this opinion expressed a
widely prevalent sentiment at that time I have been unable to find a
decision of any court in any of the original thirteen States north of
Maryland, except Connecticut, which expresses this view. In their moral
and intellectual nature the inhabitants of Connecticut exhibit many wide
differences from the inhabitants of the rest of New England. These
citations show how thoroughly the conception of the difference arising
from the difference of color was imbedded in the mind at that time. Such
instances of judicial interpretation were to be found in all of the
slave States, and in those States which were carved out of the northwest
territory, which Virginia ceded to the general government in 1787. In
this connection it is pertinent to observe that it is the most natural
thing in the world that the States carved out of this northwest
territory should have followed not only the legal system of the parent
State, but should have adopted many of its practices and modes of
thought, and passed them on to succeeding generations.
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