The Atlantic Monthly, Volume 15, No. 88, February, 1865: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 15, No. 88, February, 1865: A Magazine of Literature, Art, and Politics
Various
American periodicals
Now the course of his argument was this,--admitting that all persons who
were citizens of the several States at the time of the adoption of the
Constitution became citizens of the United States, to show that persons
of African descent, whose ancestors had been slaves, were not in any
State citizens.
And first, he tries to show this "by the legislation and histories of
the times, and the language used in the Declaration of Independence";
and after referring to the laws of two or three Colonies restricting
intermarriage of races, and affirming that, though freed, colored
persons were in all the Colonies held to be no part of the people, and
declaring that "in no nation was this opinion more uniformly acted upon
than by the English government and people," admitting that "the general
words '_all men_ are created equal,' etc., would seem to embrace the
whole human family," and that the framers of the Declaration were "high
in their sense of honor, and incapable of asserting principles
inconsistent with those on which they were acting," he argues that,
because they had not fully carried out, and did not afterwards fully
carry out, their avowed principles by instant and universal
emancipation, therefore he can give to as plain and absolute words as
were ever written, expressive of universal laws, a force just opposite
to their terms;--a new form of argument, which begins by assuming the
truth of the proposition desired, and ends by denying the truth of the
admitted premises.
He then proceeds, to inquire if the terms "we, the people," in the
Constitution, embraced the persons in question. Here, too, he admits
that they did embrace all who were members of the several States. Then,
turning round the power given Congress to end the slave-trade after
1808, and arguing from it as a reserved right to acquire property till
that time; laying aside the fact that the framers of the Declaration had
acted on their declared principles, and that in many States, as in
Massachusetts and Vermont, even in Southern States, as in North Carolina
they remained till 1837, many freed colored persons were citizens at
that time, with the remark, that "the numbers that had been emancipated
at that time were but few in comparison with those held in slavery,"
assuming that the very acts of the States suppressing the slave-trade
helped instead of destroying his argument; arguing from the fact that
Congress had not authorized the naturalization of colored persons, or
enrolled them in the militia; arguing even from State laws passed in the
most passionate moments as late as 1833; going back to the old Colonial
acts of Maryland in 1717, and of Massachusetts in 1705; even coming down
to the fact that Caleb Cushing gave his opinion that they could not have
passports as citizens; denying that the "free inhabitants" in the
Articles of Confederation, which he was forced to concede did in terms
embrace freemen, actually did include them, because the quota of land
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