What, then, was the legal status of the free negro? He was only a
quasi-free man. He could sue and be sued. He could make a contract and
inherit property. He enjoyed legal marriage. He could buy and sell. He
could not be a witness against a white man. He could not vote after
1834. He was ineligible for office. He was a sort of inmate on parole.
His conduct was frequently guaranteed by bond. He enjoyed certain
privileges and immunities, which the state might take away from him
if it saw fit. He was not a citizen in the sense in which the term is
used in the Constitution of the United States, and, therefore, was not
entitled to all the privileges and immunities of the several states.
Judge Green, speaking of the free negro’s rights in the case of the State
v. Claiborne, said: “The laws have never allowed the enjoyment of equal
rights, or the immunities of the free white citizen.”[75]
He had no place in society, socially or economically. He could not
associate with the whites. He could keep the company of slaves only
by permission. His own class was so small that his opportunities were
very limited there. Poverty, ignorance, oppression, discrimination, and
hostility of both slave and white man made his position in actual life
much worse than his legal status. In the industrial world there was no
place for him. The labor was done by slaves. There was no factory work
for him. He could farm if he could rent or buy land. He was usually not
wanted in the community.
The black man, in the United States, said Judge Catron, is
degraded by his color, and sinks into vice and worthlessness
from want of motive to virtuous and elevated conduct. The
black man in these states may have the power of volition. He
may go and come when it pleases him, without a domestic master
to control the actions of his person; but to be politically
free, to be the peer and equal to the white man, to enjoy the
offices, trusts, and privileges our institutions confer on the
white men, is hopeless now and ever. The slave who receives
the protection and care of a tolerable master holds a condition
here superior to the negro who is freed from domestic slavery.
He is a reproach and a by-word with the slave himself, who
taunts his fellow slave by telling him “he is as worthless as
a free negro.” The consequence is inevitable. The free black
man lives amongst us without motive and without hope. He seeks
no avocation; is surrounded with necessities, is sunk in
degradation; crime can sink him no deeper, and he commits it,
of course. This is not only true of the free negro residing
in the slaveholding states of the Union. In non-slaveholding
states of this Union the people are less accustomed to the
squalid and disgusting wretchedness of the negro, have less
sympathy for him, earn their means of subsistence with their
own hands, and are more economical in parting with them
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