Frederick Marryat – The Complete Collection

Chapter 25

"But in addition to interpretation from usage, this antecedent legislation furnishes other proofs that no coloured race was party to our social compact. As was justly remarked by President Fox, in the matter of the late contested election, our ancestors settled the province as a community of white men, and the blacks were introduced into it as a race of slaves, whence an unconquerable prejudice of caste, which has come down to our day, insomuch that a suspicion of taint still has the unjust effect of sinking the subject of it below the common level. Consistently with this prejudice, is it to be credited that parity of rank would be allowed to such a race? Let the question be answered by the statute of 1726, which denominated it an idle and a slothful people; which directed the magistrates to bind out free n*****s for laziness or vagrancy; which forbade them to harbour Indian or mulatto slaves, on pain of punishment by fine, or to deal with n***o slaves, on pain of stripes; which annexed to the interdict of marriage with a white, the penalty of reduction to slavery; which punished them for tippling with stripes, and even a white person with servitude for intermarriage with a n***o. If freemen, in a political sense, were subjects of these cruel and degrading oppressions, what must have been the lot of their brethren in bondage? It is also true, that degrading conditions were sometimes assigned to white men, but never as members of a caste. Insolvent debtors, to indicate the worst of them, are compelled to make satisfaction by servitude; but that was borrowed from a kindred, and still less rational, principle of the common law. This act of 1726, however, remained in force, till it was repealed by the Emancipating Act of 1789; and it is irrational to believe, that the progress of liberal sentiments was so rapid in the next ten years,--as to produce a determination in the convention of 1790 to raise this depressed race to the level of the white one. If such were its purpose, it is strange that the word chosen to effect it should have been the very one chosen by the convention of 1776 to designate a white elector. `Every freeman,' it is said, (chap. 2, sect. 6,) `of the full age of twenty-one years, having resided in this State for the space of one whole year before the day of election, and paid taxes during that time, shall enjoy the rights of an elector.' Now, if the word freeman were not potent enough to admit a free n***o to suffrage under the first constitution, it is difficult to discern a degree of magic in the intervening plan of emancipation sufficient to give it potency, in the apprehension of the convention, under the second.

"The only thing in the history of the convention which casts a doubt upon the intent, is the fact, that the word white was prefixed to the word freeman in the report of the committee, and subsequently struck out--probably because it was thought superfluous, or still more probably, because it was feared that respectable men of dark complexion would often be insulted at the polls, by objections to their colour. I have heard it said, that Mr Gallatin sustained his motion to strike out on the latter ground. Whatever the motive, the disseverence is insufficient to wrap the interpretation of a word of such settled and determinate meaning as the one which remained. A legislative body speaks to the judiciary, only through its final act, and expresses its will in the words of it; and though their meaning may be influenced by the sense in which they have usually been applied to extrinsic matters, we cannot receive an explanation of them from what has been moved or said in debate. The place of a judge is his forum--not the legislative hall. Were he even disposed to pry into the motives of the members, it would be impossible for him to ascertain them; and, in attempting to discover the ground on which the conclusion was obtained, it is not probable that a member of the majority could indicate any that was common to all; previous prepositions are merged in the act of consummation, and the interpreter of it must look to that alone.

"I have thought it fair to treat the question as it stands affected by our own municipal regulations, without illustration from those of other States, where the condition of the race has been still less favoured. Yet it is proper to say, that the second section of the fourth article of the Federal Constitution presents an obstacle to the political freedom of the n***o, which seems to be insuperable. It is to be remembered that citizenship, as well as freedom, is a constitutional qualification; and how it could be conferred, so as to overbear the laws, imposing countless disabilities on him in other States, is a problem of difficult solution. In this aspect, the question becomes one, not of intention, but of power; so doubtful, as to forbid the exercise of it. Every man must lament the necessity of the disabilities; but slavery is to be dealt with by those whose existence depends on the skill with which it is treated. Considerations of mere humanity, however, belong to a class with which, as judges, we have nothing to do; and, interpreting the constitution in the spirit of our own institutions, we are bound to pronounce that men of colour are destitute of title to the elective franchise: their blood, however, may become so diluted in successive descent, as to lose its distinctive character; and then both policy and justice require that previous disabilities should cease. By the amended constitution of North Carolina, no free n***o, mulatto, or free person of mixed blood, descended from n***o ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person , shall vote for the legislature. I regret to say, no similar regulation, for practical purposes, has been attempted here; in consequence of which, every case of disputed colour must be determined by no particular rule, but by the discretion of the judges; and thus a great constitutional right, even under the proposed amendments of the constitution, will be left the sport of caprice. In conclusion, we are of opinion the court erred in directing that the plaintiff could have his action against the defendant for the rejection of his vote. Judgment reversed."

------------------------------------------------------------------------

It will be observed by those who have had patience to read through so long a legal document, that reference is made to the unjust prejudice against any taint of the African blood. There is an existing proof of the truth of this remark, in the case of one of the most distinguished members of the House of Representatives. This gentleman has some children who are not of pure blood; but, to his honour, he has done his duty by them, he has educated them, and received them into his house as his acknowledged daughters. What is the consequence? Why, it is considered that by so doing he has outraged society; and whenever they want to raise a cry against him, this is the charge, and very injurious it is to his popularity,--"that he has done his duty as a father and a Christian."

"Captain Marryat, we are a very moral people!"

The laws of the State relative to the intermarriage of the whites with the coloured population are also referred to. A case of this kind took place at New York when I was there; and as soon as the ceremony was over, the husband, I believe it was, but either the husband or the wife, was seized by the mob, and put under the pump for half an hour. At Boston, similar modes of expressing public opinion have been adopted, notwithstanding that that city is the stronghold of the abolitionists.

It also refers to the white slavery, which was not abolished until the year 1789. Previous to that period, a man who arrived out, from the old continent, and could not pay his passage, was put up to auction for the amount of his debt, and was compelled to serve until he had worked it out with the purchaser. But not only for the debt of passage-money, but for other debts, a white man was put up to auction, and sold to the best bidder. They tell a curious story, for the truth of which I cannot vouch, of a lawyer, a very clever but dissipated and extravagant man, who, having contracted large debts and escaped to New Jersey, was taken and put up to auction; a keen Yankee purchased him, and took him regularly round to all the circuits to plead causes, and made a very considerable sum out of him before his time expired.

I have observed that Mr Fortin, the coloured man, was considered quite white enough to pay taxes. It is usually considered in this country, that by going to America you avoid taxation, but such is not the case. The municipal taxes are not very light. I could not obtain any very satisfactory estimates from the other cities, but I gained thus much from Philadelphia.

The assessments are on property.

City Tax, 70 cents upon the 100 dollars valuation.

County Tax, 65 cents upon ditto.

Poor's Rate, 40 cents.

Taxes on Horses, 1 dollar each.

Taxes on Dogs, half a dollar each.

Poll Tax, from a quarter dollar to 4 dollars each person.

It is singular that such a tax as the poll tax, that which created the insurrection of Wat Tyler in England, should have forced its way into a democracy. In the collection of their taxes, they are quite as summary as they are in England. This is the notice:

"You are hereby informed, that your property is included in a list of delinquents now preparing, and will be advertised and sold for the assessments due thereon. (This being the last call.)

"Your immediate attention will save the costs of advertising, sale, etcetera.

"-- Collector.

"Collector's Office, Number 1, State of --."

It is a strange fact, and one which must have attracted the reader's notice, that there should be a poor's rate in America, where there is work for every body; and still stranger that there should be one in the city of Philadelphia, in which, perhaps, there are more beneficent and charitable institutions than in any city in the world of the same population: notwithstanding this there are many mendicants in the street. All this arises from the advantage taken of an unwise philanthropy in the first place, many people preferring to live upon alms in preference to labour; and next from the state of destitution to which many of the emigrants are reduced after their arrival, and before they can obtain employment. Indeed, not only Philadelphia, but Baltimore and New York, are equally charged for the support of these people--the two first by legal enactment, the latter by voluntary subscription. And it is much to the credit of the inhabitants of all these cities that the charge is paid cheerfully, and that an appeal is never made in vain.

But let the Americans beware: the poor rate at present is trifling--40 cents in the 100 dollars, or about 1.75 pence in the pound; but they must recollect, that they were not more in England about half a century back, and see to what they have risen now! It is the principle which is bad. There are now in Philadelphia more than 1,500 paupers, who live entirely upon the public, but who, if relief had not been continued to them, would, in all probability, by this time, have found their way to where their labour is required. The Philadelphians are proverbially generous and charitable; but they should remember that in thus yielding to the dictates of their hearts, they are sowing the seeds of what will prove a bitter curse to their posterity. See note 2.