o leave them
in a condition of political servitude as absolute as that of the African
slaves before their emancipation. This conclusion is readily to be
deduced from the opinion of Chief Justice Jay in the case of _Chisholm's
Ex'rs vs. The State of Georgia (2 Dallas, 419-471)_, although the
learned Chief Justice had of course no idea of any such application as I
make of his opinion.
The action was assumpsit by a citizen of the State of South Carolina,
and the question was, whether the United States Court had jurisdiction,
the State of Georgia declining to appear.
The Chief Justice, in the course of his opinion, after alluding to the
feudal idea of the character of the sovereign in England, and giving
some of the reasons why he was not subject to suit before the courts of
the kingdom, says:
"The same feudal ideas run through all their jurisprudence, and
constantly remind us of the distinction between the prince and the
subject. No such ideas obtain here. At the revolution the sovereignty
devolved on the people; and they are truly the sovereigns of the
country, but _they are sovereigns without subjects_ (unless the African
slaves among us may be so called), and have none to govern but
themselves; the citizens of America _are equal as fellow-citizens, and
as joint tenants in the sovereignty_."
Now I beg leave to ask, in case this charge against Miss Anthony can be
sustained, what equality and what sovereignty is enjoyed by the half of
the citizens of these United States to which she belongs? Do they not,
in that event, occupy, _politically_, exactly the position which the
learned Chief Justice assigns to the African slaves? Are they not shown
to be _subjects_ of the other half, who are the sovereigns? And is not
their _political subjection_ as absolute as was that of the African
slaves? If that charge has any basis to rest upon, the learned Chief
Justice was wrong. The sovereigns of this country, according to the
theory of this prosecution, are not sovereigns without subjects. Though
two or three millions of their subjects have lately ceased to be such,
and have become freemen, they still hold twenty millions of subjects in
absolute _political_ bondage.
If it be said that my language is stronger than the facts warrant, I
appeal _to the record in this case_ for its justification.
As deductions from what has been said, I respectfully insist, 1st. That
upon the principles upon which our government is based, the p
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