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The Philanthropist (Newspaper) - March 20, 1838, Cincinnati, OhioI the philanthropist ,l8h�i> weekly by the anti slavery society n. To. Corner of main 4 sixth streets i Cincinnati Ohio. Alivs o. Boards lab publish los Areat. dollars and fifty cents in dollars if not paid till to the expiration of the year. Let ten on &4�$tnr�s should be directed to the Piir a to a a a a agent those relating to the editorial department to the editor to All cases pest paid. General Assembly of Ohio. / report of the sect committee of the Senate Ait the petitions of a a Rte Fry Eili cent or amp Ging the repeal of to Traia Ems restricting the rights of person of Cafor and for securing too a person within jurisdiction of the state Tbs it get of trial by a a by. Presented a Jymy m Zenaie Jorca 3, 1838. Or. Kino from the select committee of the subject made the following report. The select committee to which was referred the numerous petitions of the citizens of this state asking the repeal of certain Laws imposing restrictions and disabilities upon persons of color not found in the Constitution and which the Petit Myers aver to be contrary to its principles and also praying that the right of trial by jury May be secured to All persons within its jurisdiction respectfully present the following report that they Are fully sensible of the difficulties and perplexities which have been thrown around this subject from motives of state policy from popular prejudice from self interest and from excited apprehensions of impending danger and also of the extreme sensitiveness of Public feeling upon the agitation and discussion of All questions connected with it and the suspicion and obloquy which attend every Effort and attach to every person that contributes in the smallest degree to present it to the consideration of the american people. Notwithstanding Liis threatening array of vindictive feeling and excited prejudice your committee have proceeded calmly and dispassionately but firmly and conscientiously in discharging the duties assigned them under a deep sense of All their responsibilities to their fellow beings to their country and its constitutional authority to the immutable principles of Justice and equity and to a that supreme being from whom All Power is de Yed and to whom All moral agents Are Amel in. A a and while they Are constrained to believe that popular feeling has been perverted and led astray Quot Pon these important subjects through mistaken views of Public policy and moral Doty they have no desire to Anim advert upon the motives or causes which have induced it and they would gladly avoid All those exciting questions calculated to in Frame the Public mind. Their Only wish has been to present the several questions submitted to their consideration. Fairly before the legislature for eur deliberate examination and if their judgment to reason do not urge them to act in the Prerau the committee will seek no additional impulse any Appeal to their passions. The principles of 7g� there was a time in the history of our country. When the privilege of a enjoying and defending life. Liberty of pin Inoff Ninga Irma a i 11 i if that it May become probable by super 11. Of 1_____ a.____1 z 1� a m a a Lawz property and of pursuing and obtaining Happi i and safety was declared to be the natural in lib rent and unalienable right of All men and re org nosed As one of the great and essential principles of Liberty and free government a when the a emanation of these principles was every where to pledged to be a Public duty and a moral be when they met a cordial response from the is but of every american Patriot when their advocates were hailed As the a great apostles of civil Liberty a when their total disregard Mas made the subject of repeated complaint and remonstrance against the Parent government from which we revolted when they were relied upon As a justification for abolishing a form of government in which they were not recognized and when they were solemnly and officially promulgated to the world As self evident truths on which All rightful governments should be based and upon which our own was to he a forever unalterably established and administered. Nor were these sentiment at that period confined to any particular Section of the country or regarded As the Mere abstract principles of a visionary theory or speculative philosophy but they were inculcated As practical maxims applicable to the i condition of Man suited to the state of human re essential to Liberty and free government a numerous instances incorporated into our rates and forms of government. In the first act of Pamental principles into our Konsti Tationa form of government and for the emancipation of a portion of our territory from tie evils of a system which had once of pervaded the land. That fervency of Zeal and philanthropy of feeling which appear to characterize All the writings of the latter in the cause of civil Liberty seem to partake almost of the spirit of prophecy when portraying the Dir Fol calamities and future consequences which would result from the continuance of this system. In reference to the evils of the system he says a a the whole Commerce Between the master and slave is a perpetual exercise of the most boisterous passions the most unremitting despotism on one part and degrading submission on the other. Our children see this and learn to imitate it for Man is an imitative animal. This Quality is the germ of All education in him. From his Cradle to his grave he is learning to do what he sees others do. The Man must be a Prodigy who can retain his manners and morals a depraved by such circumstances with the morals of the people their Industry also is in relation to its injustice and i policy he observes that disposition to theft with which they have been branded must be ascribed to their situation and not to any depravity of the moral sense. The Man in 3vhose favor no Laws of property exist probably Quot feels himself less bound to respect those made in favor of others. A when arguing for ourselves we Lay it Down As a fundamental principle that Laws to be a St must give a reciprocation of right that without this they Are Mere arbitrary rules of conduct founded in Force and not in conscience and it is a problem which i give to the master to solve whether the religious precepts against the violation of property were not framed for him As Well As his slaves and whether the slave May Dot As justifiably take a Little from one who has taken All from him As he May slay one who would slay him. That a chime in the relations in Wlinich a Man is placed should change his ideas of moral right and wrong is neither new nor Peculiar to the color of the a packs. A the opinion that they Are inferior in the faculties of reason and imagination must be hazarded with great diffidence. And with what execration should the statesman be loaded who permitting one half the citizens thus to trample on the rights of the other transforms those into despots and these into enemies destroys the morals of the one part and the Amor Patriae of the other a in reference to the future consequences of a continuance of this system the same writer remarks a deep rooted prejudices entertained by the Whites ten thousand recollections by the Blacks of the injuries they have sustained new provocations the real distinctions which nature has made and Many other circumstances will Divide us into parties and produce convulsions which will probably never end but in the extermination of the one race or die other. And can the liberties of a nation be thought secure when we have removed their Only firm basis a conviction in the minds of the people that these liberties Are the gift of god that they Are not to be violated but with his Wrath indeed i tremble for my country when i reflect that god is just that his Justice cannot sleep for Ever that considering numbers nature and natural Means Only a re Volution of the wheel of Fortune an exit a hang Iff the almighty has no Attri Side with us in Soch a con by the states of Virginia and Connecticut by the ordinance of 17s7, de dared a there should be neither slavery nor involuntary servitude in said territory otherwise than in the punishment of crimes whereof the party shall have been duly convicted a with a further provision that whenever any portion of add territory should be admitted As a state into the confederacy its Constitution and government should be i publican and in conformity to the principles contained in said actuated by the same spirit of Liberty and equal Jav Stine one state after another abolished the sys Tern which had been established while under a colonial govern Chat of withholding from a portion of their fellow Beni those natural and personal rits which As a nation we had declared to he inalienable As emanating from deity and As tie common inheritance of the whole human family. So expanded was this feeling so powerful was its impulse and so practical its effects that within the Short period of a few years eight out of the thirteen states originally in the confederacy and which subsequently United in forming the present Federal Constitution had discarded this system from their constitutions and Laws and restored their fellow creatures to Liberty and Freedom. In these events we have a Happy illustration of the facility with which Public opinion and Long established customs and modes of thought May be made to yield to the Power of truth and moral obligation when left to Thi fir free and unrestrained influence. It was owing to the spirit of the times to the virtue of the people to the Freedom and firmness with which these principles were discussed and Muntain de and to a readiness in the Public mind to listen to the voice of reason and yield to the convictions of duty that such important results were effected. It was to the untiring energies and eloquent appeals of such men As Franklin and Jefferson that America is indebted for the incorporation of these fim natural interference. Bute which can take on the subject of emancipation and the natural tendency of governments to degenerate he expresses the following sentiments a a in the very first session held under the Republican government the Assembly passed a Law for the perpetual prohibition of the importation of slaves. This will in some measure Stop the increase of this great political and moral evil while the minds of our citizens May be ripening for a Complete emancipation of human nature. A i think a change is already perceptible since the origin of the present revolution. The spirit of the master is abating that of the slave rising from the dust his condition mollify go the Way i Hope preparing under the auspices of heaven for a Tolk emancipation and this is disposed in the order of events to be with the consent of the masters rather thah by their extirpation. A but the spirit of the times May alter will alter. Our rulers will become corrupt our people careless. A single zealot May commence persecution and better men May be his victims. It can never be too often repeated that the time for fixing every essential right on a Legal basis is while our rulers Are honest and ourselves United. From the conclusion of this War we shall be going Down Hill. It will not then be necessary to resort every moment to the people for support. They will be for in therefore and their rights disregarded. / wll forget themselves but in the sole Faity of making Money and will never think of uniting to effect a due respect for their rights. The shackles therefore which shall not be knocked off at the conclusion of the War will remain on us Long Wie be made heavier and heavier till our rights shall revive or expire in a such were the sentiments of or. Jefferson on these questions to openly avowed and widely Diase pirated during the struggle for Independence. At the commencement and daring the Progress of the revolution and for Many years subsequent there was a general desire expectation and intention of abolishing this system. In the articles of confederation of 1777, formed for Mutual Union and defence the right of citizenship and equal privileges was secured to All the free inhabitants irrespective of color in the Steral states Pauj Peis vagabonds and fugitives from Justice Only excepted. On the adoption of the present Constitution of the United states the strongest objections arose in the several states upon this important subject. In Virginia the Quot following opinions were enter tamed and expressed by her most eminent statesmen in the convention held for the purpose of deliberating upon its provisions. Upon that clause of the Constitution restricting Congress from prohibiting the importation of slaves until 1808, or. Mason remarked a this is a fatal Section which has created More danger than any other. Rider the Royal gov emment this evil was looked upon As a great oppression and Many attempts were made to prevent it but the interest of the african merchant prevented its prohibition. No sooner did the revolution take place than it was thought of. It was one of the greatest causes o our separation from great Britain. Its exclusion has been a principal object of this state and most of the states in this Union. The augmentation of slaves weakens the states and such a Trade is diabolical in itself and disgraceful to Mankind. On the same subject or. Tyler observed a the thought the reasons urged by gentlemen in defence of it were inconclusive and ill founded was one cause of complaint against British tyranny that this Trade was permitted. The revolution had put a period to it but now it was to be revived. He thought nothing could justify it. His Earnest desire was that it should be handed Down to posterity that he had opposed this wicked or. Johnson on the same occasion remarked As follows a look at the 1st Section of our Bill of rights. It says that All men Are by nature equally free and Independent. Does that paper the Constitution acknowledge this no it denies it. They Tell us that they see a progressive danger of bringing about emancipation. The principle has begun since the revolution. Let us do what we will it will come round. Slavery has been the foundation of that impiety and dissipation which have been so much disseminated among our countrymen. If it were totally abolished it would do much the opinions of Washington upon the question of emancipation were equally explicit. In his correspond science with Lafayette and other eminent statesmen after the close of the revolutionary War he says a it is among my first wishes to see some plan adopted by which slavery in this country May be abolished by Law. It certainly might and assuredly ought to be effected and that too by legislative authority. There Are in Pennsylvania Laws for the gradual abolition of slavery which neither Maryland nor Virginia have at present but which nothing is More certain than that they must have and at a period not or. Iredell afterwards a judge of the supreme court of the United states in the convention of North Carolina observed a when the entire abolition of slavery takes place it will be an event which must be pleasing to every generous mind and every Friend of human William Pinckney in the House of delegates of Maryland in 1789, in advocating the emancipation of slaves declared that a by the eternal principles of natural Justice no master in the state has a right to hold his slave in bondage for a single hour. I would As soon believe the incoherent tale of a school boy who should Tell me he had been frightened by a ghost As that the Grant of this permission ought in any degree to alarm us. Are we apprehensive that these men will become More dangerous by becoming freemen Are we alarmed lest by being admitted into the enjoyment of civil lights they will be inspired with a deadly enmity against the rights of others How much More rational would it be to argue that the natural enemy of the privileges of freemen is he who is robbed of them Soch were the doctrines promulgated to the people and to the whole civilized world of these Ever interesting and exciting subjects by those who were hailed As the champions of Liberty and the rights of Man in the Early history of our Republic and although their practical influence May Lave been lost upon their descendants still their Beni Ign effects upon the destinies of this nation will endure and be Felt to the latest posterity. Had the same combined efforts been made to prevent the dissemination of these principles to suppress All discussion of them to proscribe their advocate so to stifle the Prew and to cd carte alarm and prejudice As at the present Day instead of now seeing one half of our country freed from its demoralizing and withering influences we might have beheld that system spread Over the whole length and breadth of our land. Had the same spirit of intolerance of self interest of sectional feeling and of moral apathy and timidity pervaded the breasts of the patriots of the revolution and of those who swayed the councils of the nation at that period when the memorable ordinance of 1787, secured to our territory a population of freemen instead of beholding with emotions of gratitude and patriotic Pride the rising Eminence of our own state its rapid Progress in wealth population and enter Nze with its present moral industrious and intelligent yeomanry we might have now witnessed it intercepted in its lofty career borne Down with a Servile population shorn of its vigor and Energy and suffering under All the calamities and apprehensions arising from a system which converts the productive Labouring class of the Community which should be its strength and defence into the natural enemies of the state. Tie responsibilities of Obio in relation to slavery. But it is said that Ohio having never participated in this system is exempted from its responsibilities and absolved from All moral obligation to extend shelter or Protection to that portion of the human family which has been made the Peculiar victims of this policy and that we May drive them from our Borders by acts of out awry or subject them in this land of their birth to a state of perpetual degradation and suffering by depriving them of the Power of a acquiring possessing and protecting property a by arbitrary Laws notwithstanding die following declaration is found in the Constitution of our state a a thai the general great and Ess Nti cd principles of Liberty and free government May be recognized and forever unalterably established we declare Teviat All men Are bom equally free and Independent and have certain natural in herero and inalienable rights amongst which Are the enjoying and defending life and Liberty acquiring possessing and protecting property and obtaining happiness and safety let us examine for a moment this claim of exemption from All participation in this system and consequent discharge from All moral obligation to this unfortunate and Long abused race. Inhuman system. Although it was authorized and encouraged by the Crown of great Britain to which we were then subject yet it could not have been Gustei died unless sanctioned by the people. During our own struggles for Liberty and Independence the Progress of this system was suspended. Its i policy and injustice were very Dwiere admitted and its origin and continuance were charged upon the British governor Keiit As an act of tyranny and oppression. Personal Liberty was proclaimed throughout the nation As the Birthright of Man of which no human government could rightfully deprive him but for the punishment of crimes. In Many of the states including Virginia Laws were passed emancipating the slaves on condition they would join the revolutionary a ii and fight for their own and their country a Freedom. By. Tote poral Force of Toliese principles the cause of Liberty was sustained through the arduous conflict and our Independence established. By that event we were freed from All foreign influence and control Over our action upon this subject. On taking our rank among the nations of the Earth we assumed All the responsibilities of an Independent sovereignty. It is True that under the articles of Union and confederacy the Powers of the National government were limited and defined. Yet it was during their existence that the most effectual checks had been interposed to the Extension of this system by the National authority. The rights of citizenship were secured to All men in the several states except slaves paupers vagabonds and criminals. The further Extension of slavery was prohibited by an act of Congress declaring it should forever be excluded from the territory Northwest of the Ohio which had been ceded to the United states and out of which new states were to be formed and admitted into the Union. The Justice and propriety of this prohibition were so universally admitted at that period that it met with no opposition and was carried into an ordinance and de charred Llu i Juez Sale except by common consent with Bur one dissenting vote. So far As Power had been conferred upon the National government it had been exercised to interdict and restrain its further Progress. In most of the state governments the same Public feeling had been manifested. At the same period the country was suffering under All the calamities growing out of a protracted and Deso lating War from financial embarrassment from disaffection in a portion of the people and from the want of an efficient Power in the general government to remedy and Correct these disorders. Under All these embarrassing circumstances the Leople were invoked to appoint delegates to a National Civ edition to revise the articles of confederation and form a More efficient National government. Such a convention was held and the present Constitution of the United states was the production of their deliberations. By that instrument the assent of the people and the Sanction of the National government were obtained for the Revi Al and continuance of this system for the period of Twenty years the importation of slaves into the Republic was thus authorized by the people of the United state a jul their National character and male an their first introduction to this country was contrary to their wishes and an act of Force and oppression on the part of the government and people of these states. By our own people they were tora from their friends their Homes and their country transported to our shores sold in our markets and purchased by our ancestors and notwithstanding this traffic was denounced by the philanthropists and statesmen of that Day in Ronny of the colonies and made the subject of complaint and remonstrance to the Royal government still it was sustained by the people and their provincial assemblies for we Are info Nied by or. Jefferson that in Virginia under the Royal government Uliey had obtained a Law imposing such a duty upon their importation As amounted nearly to a prohibition when it was repealed by their Assembly. In reviewing our history Down to the period of the revolution we shall find but Little to exonerate our ancestors from the responsibilities which Are involved in the establishment and Progress of this item of general Revenue in which they were All to participate. By the same National authority and without any constitutional obligation but in direct contravention of its avowed policy and determined purpose solemnly deliberately and almost unanimously expressed in the celebrated ordinance this system has been extended Over the territories under its jurisdiction from which new states have been formed and admitted into the Union until it is claimed As a right Over which the general government has no discretion or control. In this manner seven new states in which this system has been established have been added to the Union since the ordinance of 1787, and since the adoption of the Constitution and the territory out of which most of them have been formed has been acquired by Purchase since the state of Ohio has had a voice in the councils of the nation. On behalf of the people of the state we have also Acko Ludg amp in our Mutual obligations in common with others resulting from this system by the passage of the following resolutions which were transmitted to Congress and to All the states in the Union resolved by the general of the state of Ohio that tie consideration of a system providing for tie gradual emancipation of the people of color held in servitude in the United states be recommended to the Legislatures of the several states of the american Union and to the Congress of the United states. Resolved that it is expedient that such a system should be predicated upon the principle that the evil of slavery is a National one and that the people and the states of this Union ought mutually to participate in the duties and Burthen of removing after having thus in our National character contributed to the Extension and encouragement of this system after having participated in the system of deriving a Revenue from the importation of this class of our population after seeing them emancipated by other states and restored to their Nat i a Nighti for risking their lives in securing our liberties and for subsequently defending them and for Othet Praise worthy actions we then seek to Yayoi Cythe responsibilities and inconveniences arising Fren these a measures by assuming another character a a exercising the prerogatives of a separate sovereignty. With this View we have enacted from time to time the most odious and oppressive Laws to degrade and depress this portion of our population. Regardless of the principles of Justice of natural rights of moral duty and of the provisions of the Federal and state constitutions the following provisions have been incorporated into our Laws and remain on our statute books at the present time life is of two concern fug coloured people. 1st that no Black or mulatto person sol he Pernik used to Settle or reside in this state unless he shall procure a certificate of his Freedom under the Seal of a court of record. And no such person shall emigrate and Settle within the state until he shall enter info Bonds with two Freehold securities in tie sum of five Hundred dollars conditioned for his Good behaviour and the payment of a Charger Irlich May be incurred on his account for which Bond and certificate he is to pay one Dollar Aid it is made the duty of the officers of the township to remove out of the state any such Emigrant not complying with these Laws and no person a resident of the state is permitted to employ in any Maan ii any Black or mulatto not having such certificate under severe penalties. 2d. That no Black or mulatto person shall be sworn or give evidence in any court or elsewhere in this state in any cause where a White person is a party or in any prosecution on behalf of the state against a White person. 3d. They Are deprived of All participation in the school fund arising from donations made by Congress for the sup it Ort of schools. 4th, the Rig it of trial by jury is withheld from them in cases involving their personal liberties. Your committee propose to examine these several items in tie order thus presented How far tie Constitution was designed to re strict the rights of coloured people. It has already been observed that by the articles of confederation the right of citizenship of ingress and egress to and from All the states and the privileges of Trade and Commerce were secured to All free persons within its jurisdiction irrespective of color. From the formation of the confederacy until the adoption of the present Constitution of the United states there were no constitutional restrictions imposed upon this race unless they were slaves. They were entitled to the rights and privileges of any other class and recognized As citizens in the several states of the confederacy. Under the territorial gov emment they exercised the right of suffrage in common with All other citizens Down to the time of the adoption of our Constitution and formation of a state government. They voted for delegates to attend the convention to form our present Constitution in 1802. And Here the inquiry should be made in what Mode by what instrument and to what extent have these rights and privileges been restricted or taken away do we find any rest Lions upon them in the Constitution of the u. States there Are none to be found in that document. All free persons Are numbered for representation excluding indians not taxed to which were to be added three fifths of the slaves. It is True that the qualifications of citizens and electors Are not defined As in the articles of zoned station but the Konsti tuition does not preclude Theip from enjoying the same rights and privileges they held under the confederation nor does it make any distinction on account of color. The qualifications of electors and citizenship Are left to the states. It declares however that a the citizens of each state shall be entitled to ail privileges and immunities of citizens in the several under this state of things the convention assembled which formed the present Constitution of this state. In the journal of their proceedings will be found the subjects which w Ere brought into discussion and the manner in which they were disposed of. The question of depriving the coloured population of the right of suffrage which they had hitherto i Joyed was one on which the members were much divided. On a motion to insert a clause to continue this privilege to All males residing in the territory it was carried in the affirmative by a vote of 19 to 15, every member being present. A motion to extend the same privilege to their descendants was lost by a vote of 17 to 16, one member being absent. On the third Reading of the article a motion was made to Elrike out tie clause which had been previously inserted extending this privilege to persons of color a above stated which was carried by the casting vote of the president on a tie of All the members. On the question of striking out a clause which had it Een inserted excluding them from giving testimony in courts of Justice against White persons it was carried in the affirmative by a vote of 17 to 16, one member absent. It will thus be seen How far their rights and privileges there intended to be restricted by the Rar aers of the Constitution and the majorities by which the various propositions to circumscribe them were carried or rejected. The right of suf i rage was taken from them by tie casting vote of the presiding officer but a majority of the convention decided that they would not exclude them from giving evidence in courts of Justice. So far As their rights and privileges were restricted by the convention and these restrictions incorporated into the Constitution which has been accepted by the people and made the Paramount Law of the state there have been no complaints made to the legislature. It is for the repeal of those Laws which have been made in direct violation of the plainest provisions the most essential principles and solemn contained in that sacred instrument which were to be a for Ever unalterably established a that these numerous petitions have been preferred. It is for the restoration of those natural and inalienable rights which the Constitution declares belong to a fall men of enjoying life and Liberty of acquiring possessing and protecting property and obtaining happiness and safety a that appeals have been so constantly made to the legislature by citizens from every Section of the state. The demanding certificates of Freedom unconstitutional and pernicious. That requisition of the Law compelling them to obtain certificates of Freedom under the Seal of a court As a condition of residence in the state in numerous instances could never be complied with by those on whom it was intended to operate. They have no Power or authority by which they could procure such certificate. It is not made the duty of any court to listen to any personal application for that purpose or to Issue such certificate in any Case whatever. It imposes upon them a duty which they have no Power to perform. It reverses All the Ordinary rules of Justice and the maxims of Law by raising a presumption that every one is a slave until he shall prove himself to be free in a state where slavery does not exist. It is a Ergative of the authority of our own Constitution which recognizes every person within its jurisdiction As a Freeman and renders it subordinate to the Laws of other states. It withholds the Protection of our Constitution and Laws from freemen in our own state and makes them subservient to the system of slavery. It is a species of solemn mockery in legislation unworthy the character and dignity of a free gov emment to impose upon any portion of the Community such conditions of enjoying the rights and privileges secured by the letter and spirit of the Constitution to All As must necessarily exclude them from All participation in them. That such was the design of these Laws and that such would be their practical effect if carried into execution few will deny. It was never believed that the Law requiring Bonds with two Freehold securities in the penal sum of $500, As a condition of residence would Ever be complied with nor was it intended by the makers that it Ever should be. Its evident design was to drive this portion of our population into a other states. It was an unrighteous attempt to accomplish indirectly and covertly what they would shrink from doing openly and frankly a under the plausible pretext of disobedience to these requirements they were to be cast out from amongst us placed beyond the Protection of Law and deprived of the Means of procuring sustenance and support. To effect this object the citizens of the states were restricted in the exercise of privileges which Are allowed to those out of the state. All residents of the state were prohibited by penal Laws from hiring or employing in any manner whatever any person subject to this Law who had failed to comply with its provisions while the citizens of other states who had not gained a residence were exempted from such penalties. Nor were the projectors of this measure satisfied with casting them out beyond the Protection of Law and depriving them of the Means of obtaining a lawful subsistence but they made it the duty of the officers of townships to remove them by Force out of the state for disobedience to these Laws. By the same process of legislation every right secured by the Constitution May be taken from the citizens of the state. Flie right of suffrage the right to Bear arms the right of the people to assemble to Geilier and consult for the common Good the right to speak write and print upon any subject might be tra Meled with such conditions As to preclude their free exercise by a Large portion of the citizens to whom they Are secured. There is no greater Security Given for the right of suffrage to those who now enjoy it by the Constitution than is Given to All men of acquiring and protecting property pursuing happiness and safety and of enjoying personal Liberty. The Constitution Ivas formed with a full knowledge that our population was comprised of White and coloured persons. The rights and privileges of the one class were As clearly defined and settled and As Sac redly secured As the other by that most Rumen. The discrimination was distinctly made and expressed in unequivocal terms whenever it was intended to Confer any political privilege upon the one from which the other was to be excluded. That clause in the Constitution which declares that a in a elections All White male inhabitants above the age of 21 years having resided in the state one year next preceding the election and who have it Aid or Are charged with a state or county tax shall enjoy the right of an elector a has no greater orce than those which secure to All others not electors the natural and inalienable rights which were extended to them in terms equally Clear and explicit. To restrain the exercise of either by imposing conditions unjust and oppressive would be equally repugnant to Tho Constitution. No person was to be transported out of the state for any offence committed within the state. Excessive fines were not to be imposed or cruel and unusual punishments inflicted. These rights and privileges and these restraints upon the legislative Power were unalterably established by the Constitution until our Brm of government should be changed. There were certain fundamental principles Laid Down by which the various departments of the government were to be guided and which neither the legis Active judicial nor executive Powers would transcend. No Power was delegated to the legislature to enact Laws repugnant to those principles or subversive of those rights which had been defined and established by the Constitution. They were to be held inviolate under that instrument As the Paramount Law of the state to which All in authority should yield obedience. But these Laws Are not Only repugnant to the Constitution of this state and to the principles of our free institutions they Are also in direct contravention of the Constitution of the United states. That document declares that a the citizens of each state shall be entitled to All the privilege and immunities of citizens in the several states. What is the Plain and obvious import of this provision Rahat was the Manifest design of its insertion can there be any doubt As to its construction or intention was it not intended to secure to All the citizens in each state the right of ingress and egress to and from them and the privileges of Trade Commerce and employment in them of acquiring and holding property and sustaining and defending life and Liberty in any state in the Union does it not form one of the conditions of our National compact it is True the phraseology is changed from that found in the articles of confederation. The term citizens is substituted for a free Inhar Bita its and people a but the right is secured to All the citizens of each state by that National charter of our liberties As it was under tie confederation. Under the confederacy All the free inhabitants of each state were entitled to All the privileges of citizens and the people of every state were allowed the privileges of ingress and egress and of Trade and Commerce in the several states. In Many of the states those rights and privileges have been continued without change and Are still enjoyed by All persons without distinction of color. In other states the coloured population have been Espi Bially admitted to All the rights and Prit Feges of citizens by the constitutions which they have adopted. In what manner have the claims to these privileges and immunities thus secured to the citizens of each state been treated by the states As separate Sovereign ties in Ohio where slavery was prohibited by the general government where political privileges and natural rights were Well defined and unset Erakly established by the constitutions where exemption from All moral obligation to the coloured race is claimed on account of having never participated in any system to oppress or enslave them we have enacted arbitrary Laws by which they Are excluded from the rights and privileges which Are extended to the vilest criminal in the land. Our citizens Are prohibited by penal Laws from giving them employment or sustenance and Are required to expel them by Force from our state. It is believed that no free state in the Union has adopted a system so oppressive and degrading to this unfortunate race so repugnant to the spirit and Genius of our government so revolting to the feelings of humanity or so Adverse to the known and settled principles of its constitutional charter As the state of Ohio. But to the Honor and credit of the state and the moral sensibilities of the people some of these Laws have been reprobate and denounced by the people. The duties enjoined upon Public officers have never been performed the pen Alucs imposed upon the citizens have been wholly disregarded the essential requisitions of the Laws grave been disobeyed with impunity until they have become a dead letter upon your statute books to be regarded Only As a record of the imbecility timidity and /
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