ut such pass, and shall be stopped, seized, or taken
up, he shall pay all charges arising thereby. And this law was in full
operation when the Constitution of the United States was adopted, and
was not repealed till 1797. So that up to that time free negroes and
mulattoes were associated with servants and slaves in the police
regulations established by the laws of the State.
And again, in 1833, Connecticut passed another law, which made it
penal to set up or establish any school in that State for the
instruction of persons of the African race not inhabitants of the
State or to instruct or teach in any such school or institution, or
board or harbor for that purpose, any such person, without the
previous consent in writing of the civil authority of the town in
which such school or institution might be.
And it appears by the case of Crandall _v._ The State, reported in 10
Conn. Rep., 340, that upon an information filed against Prudence
Crandall for a violation of this law, one of the points raised in the
defence was, that the law was a violation of the Constitution of the
United States; and that the persons instructed, although of the
African race, were citizens of other States, and therefore entitled to
the rights and privileges of citizens in the State of Connecticut. But
Chief Justice Dagget, before whom the case was tried, held, that
persons of that description were not citizens of a State, within the
meaning of the word citizen in the Constitution of the United States,
and were not therefore entitled to the privileges and immunities of
citizens in other States.
The case was carried up to the Supreme Court of Errors of the State,
and the question fully argued there. But the case went off upon
another point, and no opinion was expressed on this question.
We have made this particular examination into the legislative and
judicial action of Connecticut, because, from the early hostility it
displayed to the slave trade on the coast of Africa, we may expect to
find the laws of that State as lenient and favorable to the subject
race as those of any other State in the Union; and if we find that at
the time the Constitution was adopted, they were not even there raised
to the rank of citizens, but were still held and treated as property,
and the laws relating to them passed with reference altogether to the
interest and convenience of the white race, we shall hardly find them
elevated to a higher rank anywhere else.
A
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