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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 705   View pdf image (33K)
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705
Britain, whatever their color or complexion,
were native-born British subjects—those born
out of hi? allegiance were aliens. Slavery
did not exist in England, but it did in the
British colonies. Slaves were not in legal
parlance persons, bat property. The moment
the incapacity, the disqualification of slavery
was removed, they became persons, and were
then either British subjects, or not British
subjects, according as they were or were not
born within the allegiance of the British
King. Upon the revolution, no other change
took place in the laws of North Carolina than
was consequent on the transition from a
colony dependent on a European King, to a
free and sovereign State. Slaves remained
slaves, British subjects in North Carolina be-
came NORTH CAROLINA FREEMEN, Foreigners,
until made members of the State, remained
aliens. Slaves, manumitted here, became free-
men, and therefore, if born within North
Carolina, are"—
What? Denizens, residents, inhabitants?
No, sir; but—
"—are CITIZENS of North Carolina, and all
free persons born within the State are born
CITIZENS of the State. The Constitution ex-
tended the elective franchise to every freeman
who had arrived at the age of twenty-one,
and paid a public tax; and it is a matter of
universal notoriety, that, under it, free per-
sons, without regard to color, claimed and exer-
cised the franchise, until it was taken from
free men of color a few years since by our
amended Constitution."
Now, there is a decision of a Southern
court upon this point, that the assertion that
has been made here so often, that this Gov-
ernment was made for a white man's Govern-
ment alone—'that assertion is legally and his-
torically untrue and unfounded. Well, sir,
we find that on the adoption of the articles
of confederation, the citizenship, the confed-
erate citizenship of this class of people was
fully acknowledged by the Congress which
formed the articles of confederation. By re-
ference to those articles, you will observe that
the fourth article is in these words:
" The better to secure and perpetuate mu-
tual friendship and intercourse among the
people of the different States in this Union,
the free inhabitants of each of these States,
paupers, vagabonds, and fugitives from jus-
tice excepted, shall be entitled to all privi-
leges and immunities of free citizens in the
several States."
Did that include these colored men, these
free men of color, or not? I ask gentlemen
who are legal men, who have both legal and
historical lore, stores of it—I ask them
whether free colored people were included in
those terms or not? They dare not give me
a negative answer, because fortunately I have
the means at hand to show the facts of the
case. When this article was under consid-
eration in the Confederate Congress, a dele-
gate from that peculiar home of chivalry,
South Carolina, submitted an amendment to
it, which has been made on this floor almost
in the very terms. On the 26th of June,
1778, the articles of confederation being under
consideration in Congress, the delegates
from South Carolina moved to amend this
fourth article by inserting after the word
"free" and before the word "inhabitants"
the word " white," so that the privileges and
immunities of Confederate States citizenship
—historians, lawyers, and grave judges, mark
the words—Confederate States citizenship,
would he secured only to white persons. Two
States voted for that amendment; eight States
voted against it, and one State was divided.
So the free man of color was pronounced a
citizen of the Confederate States. Such is the
law and the history upon this point. That
this Government was made wholly and solely
for white men, I reassert it, is entirely with-
out foundation, both legally and historically.
There have been some remarks made here
upon that part of the Declaration of Inde-
pendence which says that all men are horn
free and equal. And gentlemen have gravely
asked, "why, are all men of one size?" My
friend from Prince George's needed but to
stand up side by side with me, to answer that
question.
Mr. BERRY, of Prince George's. Does the
Declaration of Independence contain any
such words as—"all men are born free and
equal?"
Mr. SANDS. That is about the sum and
substance of it. And it was gravely asked:
"Did you even" know of any two men of the
same mental altitude?" "Did you ever
know of any two leaves alike, or of any two
stars alike?" And St. Paul was brought in
by these biblical gentlemen as declaring that
the stars differ one from another in glory.
"O ! it is awful!" they say. Now, I will
tell these gentlemen that in one thing every
sun that holds together a system; every star
that revolves, of all those which shouted for
joy at the creative act; every bird in the air;
every fish in the sea; every beast in the field;
every human being—in one thing they are
all equal; that is, in the protecting Provi-
dence and care of Almighty God. And yon
betier have a care how you lay your hand
wrongfully upon one, even the least of them ;
for if you do, that eye which notes the fall
of a sparrow, will witness your deed, and the
reckoning is sure. In God's all-embracing
love and care, every one of us are equal, for
—I quote the Bible once more—" He is no re-
specter of persons." Slaveholding aristo-
crat, white mudsill, negro slave, they are all
his children.
Why, sir, these gentlemen seem to me to
have studied the course of human history, its
great leading events, with very little care. I
tell you, you can do as I have done; you can
make it a study for months and years; you


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 705   View pdf image (33K)
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