therefore
give an instance or two, which I think fully sustain me. Chief Justice
Taney, in delivering the opinion of the majority of the court, insists at
great length that negroes were no part of the people who made, or for
whom was made, the Declaration of Independence, or the Constitution of the
United States.

On the contrary, Judge Curtis, in his dissenting opinion, shows that in
five of the then thirteen States--to wit, New Hampshire, Massachusetts,
New 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, colored
persons were among those qualified by law to act on the subject. These
colored 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 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