tution 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
favorable 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 the 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 understand, masters could, at their own pleasure, emancipate
their slaves; but since then such legal restraints have been made
upon emancipation as to amount almost to prohibition. In those days
legislatures held the unquestioned power to abolish slavery in their
respective States, but now it is becoming quite fashionable for State
constitutions to withhold that power from the legislatures. In those
days, by common consent, the spread of the black man's bondage to the
new countries was prohibited, but now Congress decides that it will not
continue the prohibition, and the Supreme Court decides that it could
not if it would. In those days our Declaration of Independence was held
sacred by all, and thought to include all; but now, to aid in making the
bondage of the negro universal and eternal, it is assailed and sneered
at and construed, and hawked at and torn, till, if its framers could
rise from their graves, they could not at all recognize it. All the
powers of earth seem rapidly combining against him. Mammon is after him,
ambition follows, philosophy follows, and the theology of the day is
fast joining the cry. They have him in his prison-house; they have
searched his person, and left no prying instrument with him. One after
another they have closed the heavy iron doors upon him; and now they
have him, as it were, b
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