that respectable men of dark complexion
would often be insulted at the polls, by objections to their colour. I
have heard it said, that Mr Gallatin sustained his motion to strike out
on the latter ground. Whatever the motive, the disseverence is
insufficient to wrap the interpretation of a word of such settled and
determinate meaning as the one which remained. A legislative body
speaks to the judiciary, only through its final act, and expresses its
will in the words of it; and though their meaning may be influenced by
the sense in which they have usually been applied to extrinsic matters,
we cannot receive an explanation of them from what has been moved or
said in debate. The place of a judge is his forum--not the legislative
hall. Were he even disposed to pry into the motives of the members, it
would be impossible for him to ascertain them; and, in attempting to
discover the ground on which the conclusion was obtained, it is not
probable that a member of the majority could indicate any that was
common to all; previous prepositions are merged in the act of
consummation, and the interpreter of it must look to that alone.
"I have thought it fair to treat the question as it stands affected by
our own municipal regulations, without illustration from those of other
States, where the condition of the race has been still less favoured.
Yet it is proper to say, that the second section of the fourth article
of the Federal Constitution presents an obstacle to the political
freedom of the negro, which seems to be insuperable. It is to be
remembered that citizenship, as well as freedom, is a constitutional
qualification; and how it could be conferred, so as to overbear the
laws, imposing countless disabilities on him in other States, is a
problem of difficult solution. In this aspect, the question becomes
one, not of intention, but of power; so doubtful, as to forbid the
exercise of it. Every man must lament the necessity of the
disabilities; but slavery is to be dealt with by those whose existence
depends on the skill with which it is treated. Considerations of mere
humanity, however, belong to a class with which, as judges, we have
nothing to do; and, interpreting the constitution in the spirit of our
own institutions, we are bound to pronounce that men of colour are
destitute of title to the elective franchise: their blood, however, may
become so diluted in successive descent, as to lose its distinctive
character; and
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