York, New Jersey, and North Carolina--free negroes were voters, and
in proportion to their numbers had the same part in making the
Constitution that the white people had. He shows this with so much
particularity as to leave no doubt of its truth; and as a sort of
conclusion on that point, holds the following language:

"The Constitution was ordained and established by the people of the
United States, through the action, in each State, of those persons
who were qualified by its laws to act thereon in behalf of
themselves and all other citizens of the State. In some of the
States, as we have seen, coloured persons were among those
qualified by law to act on the subject. These coloured persons were
not only included in the body of 'the people of the United States'
by whom the Constitution was ordained and established; but in at
least five of the States they had the power to act, and doubtless
did act, by their suffrages, upon the question of its adoption."

Again, Chief Justice Taney says:

"It is difficult at this day to realize the state of public
opinion, in relation to that unfortunate race, which prevailed in
the civilized and enlightened portions of the world at the time of
the Declaration of Independence, and when the Constitution of the
United States was framed and adopted."

And again, after quoting from the Declaration, he says:

"The general words above quoted would seem to include the whole
human family, and if they were used in a similar instrument at this
day, would be so understood."

In these the Chief Justice does not directly assert, but plainly assumes
as a fact, that the public estimate of the black man is more favourable
now than it was in the days of the Revolution. This assumption is a
mistake. In some trifling particulars the condition of that race has
been ameliorated; but as a whole, in this country, the change between
then and now is decidedly the other way; and their ultimate destiny has
never appeared so hopeless as in the last three or four years. In two
of the five States--New Jersey and North Carolina--that then gave the
free negro the right of voting, the right has since been taken away; and
in a third--New York--it has been greatly abridged: while it has not
been extended, so far as I know, to a single additional State, though
the number of the States has more than doubled. In those days, as I