The Gift of Black Folk: The Negroes in the Making of AmericaDu Bois, W. E. B. (William Edward Burghardt)
History
The Gift of Black Folk: The Negroes in the Making of America
Du Bois, W. E. B. (William Edward Burghardt)
African Americans -- History; United States -- Race relations
The final draft of the Declaration said: “We hold these truths to be
self-evident:—that all men are created equal, that they are endowed by
their Creator with certain inalienable rights; that among these are life,
liberty, and the pursuit of happiness. That to secure these rights,
governments are instituted among men, deriving their just powers from the
consent of the governed.”
It was afterward argued that Negroes were not included in this general
statement and Judge Taney in his celebrated decision said in 1857:
“They had for more than a century before been regarded as beings of
an inferior order, and altogether unfit to associate with the white
race, either in social or political relations; and so far inferior that
they had no rights which the white man was bound to respect; and that
the Negro might justly and lawfully be reduced to slavery for his
benefit....”[107]
This _obiter dictum_ was disputed by equally learned justices. Justice
McLean said in his opinion:
“Our independence was a great epoch in the history of freedom; and while
I admit the Government was not made especially for the colored race,
yet many of them were citizens of the New England States, and exercised
the rights of suffrage when the Constitution was adopted; and it was
not doubted by any intelligent person that its tendencies would greatly
ameliorate their condition.”[108]
Justice Curtis also said:
“It has been often asserted, that the Constitution was made exclusively
by and for the white race. It has already been shown that in five of the
thirteen original States, colored persons then possessed the elective
franchise and were among those by whom the Constitution was ordained
and established. If so, it is not true, in point of fact, that the
Constitution was made exclusively by the white race. And that it was made
exclusively for the white race is, in my opinion, not only an assumption
not warranted by anything in the Constitution, but contradicted by its
opening declaration, that it was ordained and established by the people
of the United States, for themselves and their posterity. And, as free
colored persons were then citizens of at least five States, they were
among those for whom and whose posterity the Constitution was ordained
and established.”[109]
Public-domain text, read in full here on John Shaqi.
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