terms, then the colored race, enfranchised by the Thirteenth Amendment,
became citizens of the United States prior to the adoption of the
Fourteenth Amendment. But, in the view which I take of the present case,
it is not necessary to examine this question.
The terms of the Thirteenth Amendment are absolute and universal. They
embrace every race which then was, or might thereafter be, within the
United States. No race, as such, can be excluded from the benefits
or rights thereby conferred. Yet, it is historically true that that
amendment was suggested by the condition, in this country, of that race
which had been declared, by this court, to have had—according to the
opinion entertained by the most civilized portion of the white race, at
the time of the adoption of the Constitution—“no rights which the white
man was bound to respect,” none of the privileges or immunities secured
by that instrument to citizens of the United States. It had reference,
in a peculiar sense, to a people which (although the larger part of them
were in slavery) had been invited by an act of Congress to aid in saving
from overthrow a government which theretofore, by all of its departments,
had treated them as an inferior race, with no legal rights or privileges,
except such as the white race might choose to grant them.
These are the circumstances under which the Thirteenth Amendment was
proposed for adoption. They are now recalled only that we may better
understand what was in the minds of the people when that amendment was
considered, and what were the mischiefs to be remedied and the grievances
to be redressed by its adoption.
Public-domain text, read in full here on John Shaqi.
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