then both policy and justice require that previous
disabilities should cease. By the amended constitution of North
Carolina, no free negro, mulatto, or free person of mixed blood,
descended from negro ancestors to the fourth generation inclusive,
_though one ancestor of each generation may have been a white person_,
shall vote for the legislature. I regret to say, no similar regulation,
for practical purposes, has been attempted here; in consequence of
which, every case of disputed colour must be determined by no particular
rule, but by the discretion of the judges; and thus a great
constitutional right, even under the proposed amendments of the
constitution, will be left the sport of caprice. In conclusion, we are
of opinion the court erred in directing that the plaintiff could have
his action against the defendant for the rejection of his vote.
Judgment reversed."
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It will be observed by those who have had patience to read through so
long a legal document, that reference is made to the unjust prejudice
against any taint of the African blood. There is an existing proof of
the truth of this remark, in the case of one of the most distinguished
members of the House of Representatives. This gentleman has some
children who are not of pure blood; but, to his honour, he has done his
duty by them, he has educated them, and received them into his house as
his acknowledged daughters. What is the consequence? Why, it is
considered that by so doing he has outraged society; and whenever they
want to raise a cry against him, this is the charge, and very injurious
it is to his popularity,--"that he has done his duty as a father and a
Christian."
"Captain Marryat, we are a very moral people!"
The laws of the State relative to the intermarriage of the whites with
the coloured population are also referred to. A case of this kind took
place at New York when I was there; and as soon as the ceremony was
over, the husband, I believe it was, but either the husband or the wife,
was seized by the mob, and put under the pump for half an hour. At
Boston, similar modes of expressing public opinion have been adopted,
notwithstanding that that city is the stronghold of the abolitionists.
It also refers to the white slavery, which was not abolished until the
year 1789. Previous to that period, a man who arrived out, from the old
continent, and could not pay
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