IVcaxo SunVnsrc. Wo arc indebtad to the "Carlislo Repub lican" for trie" following opinion of the Su premo Court on this interesting question of Constitutional law. The question nroso upon a. Writ of error to the judgement of tfio Common Pleas of "Xuzcrne county, in an nctlrfn by William Fogg, a negro, against Hiram Hobbs, inspector, and others-, ib'r re fusing hia- vole. The plaintiff recovered in the Court below ; and it will bo seen that the Suprchtb CohtVliavo reversed the jud'g men. The case was argued at Sunbury, and tho opinion of tho Court delivered by Chief Justico Gibson. OPINION OF THE COURT. This record raiscsa second time, the only question on a phrase 'in tho Constitution, which has occurred since its adoption ; arid liowover paatixans may havo disputed the wisdom of its provisions, no man has dis puted the clearness and precision of its phraseology. Wo havo often been called upon to enforce its limitations of legislative power; .blit tin business of interpretation was incidental, and tho difficulty was not in the diction, but in the uncertainty bf tile act to which it was to lip applied. I have said, a question on 'the lricinhig of a phrase has arisen a Recnriil ii,n. T woulil Be rnofd accurate to say the same i"""""" io uuouu iiib second timo. -About tho year 1795, as I have it from Jas. Gibson, Esquire, of the Philadelphia Bar, thp very point before us was ruled by the High Court of Errors and Appeals, against the right of Negro Suffrage. Mr. Gibson declined an invitation to be concerned in the argument, and therefore has no memoran dum of the cause to direct us to the record. I have had the office searched for it ; but the papcis had fallen into such disorder as to preclude s hope of its discovery. Most of them wero imperfect, and many wire lost or misplaood. But Mr. Gibson's re rncrabrace of tho decision is perfect and en titled to full donfidence That the case wa3 hot reported! is probably dwirig to the fact that the judges gave no reason; and the omision is the mora to be regrdttcd as a re port of it would havo put the question at rest and prevented much unpleasant excite ment. Still the judgment is not the less authoritative as a precedent. Standing as the court of last resort, the tribunal bore the same relation td this court that the Supreme Court does to the Common Pleas ; and as its authority could not be questioned then, it can not be questioned now. The point therefore is not open to discussion on origr inal grounds. But the omission of tho judges, renders it proper to show that their decision was founded in the true principles of the Con stitution. In the first section of thb third article, it is declared tiiat " in elections by the citizens, every mieman of the age of twenty-one years, having resided in the State two years before the election, and ha ving within that time paid a state or county tax," shall enjoy the rights of an elector. Now the argument of those who assert the claim of the coloured population, is that a negro is a man ; and when not held to in Voluntary service, that ho is free : conse quently that he is a freeman J and if a free man in the eommori acceptation of theterm, then a freeman in every acceptation of it. This pithy and syllogistic sentertce compri ses tho whole argument which, however elaborated, perpetually gets back to the: point from which it started. The fallacy of it, is its assumption that the term freeddm signi fies nothing but exemption from involuntary servico ; and that it has not a legal significa tion more specific. The freedom of a mu nicipal corporation, or body politie, im plies fallow-ship and participation of corpo rate rights ; but an inhabitant of an incor porated plarie, who is neither servant nor fllflV. ittmifrli Vinntifl l,. !t. tnt... ....... 1 . ....w, ...vm,. iivuuu uj i.9 laws, may uc nu freeman in respect df its government. It has lniieeu ooen nnirrned by text writers, that liabitance and navinn- sent snd Int. nivo incidental right to corporate freedom ; but ino conns nave reiused to acknowledge i even when lh r.hartnr and, when not derived from prescription or I, t... !.. A .1 !. .... " 'too ucon ucciuieu a ijuailllcailOU merely, and not a title. fVi! cor. nhnn. 3. pi. 450.) Let It riot bo said that the legal Meaning of the word freeman, is peculiar to llrltl.li nten m !m . 1. . ..... 1. - . not in the charters and constitutions of Penn SVlvania. Tim nfrrprv! nnnn in Tnrr. land in May, 1082, used tho word in this nn.illii malba .1 .. . c . . ' . I. 1 . I . . f . T pvwi.b .cnac, aim uvun luniisn a ueiiiimon of it. " Every inhabitant df the said pro vince that is or shall be a pdrCnassr of one hundred acres of land or upwnrdsi his heirs atlU HSSiffllB! 5111ft Muni naanA thUn .lw.ll hav paid his passage and shall have taken bp one hundred acres of land at d penny an ncic, aim nayu cultivated ten acres tnereoi; and every person that has been a servant or bondsmiili and is free by his servicej that nhall have taken up his fifty acres of land, and shall have cultivated twenty thereof; and everv inhabitant, nriifmer. nr ntl,r sident in the said province that pays ecot ana 101 to mo government; snail be deemed - . ... unu uixuuucu a riir.r.Mwoj saw province: and every such person shall be capablo ot electing or being elected representatives o( lllfl llpnnflt ill tlrlifinr.inl rwtitnnil np irniiAr.il " - --"'l .1. r. u Jf IV.MI W IUIIVII W, glIIVllM assembly oftliosaid province," Now why tins minute and elaborate detail? Had it l" ni intended, that all but servants and slaves should be freemen to overy intent, it had easier and rrfore natural to sky sit. But it was iot inlcndcd.lt was'fureae'eh (hat there would be inhabitants, iicithor planters itor taxable, Who, thpugh free as the Winds, might bo unsafe depositories of popular mmyui, unu uiu uusigu was 10 aumu no man to .the freedom of tho province who had not a stako in it. That tho clause which re laics'io' freedom by service, was not mtch- deil (or manumitted slaves, is evident from tho fact that there v,crq none; and it rcgar ded not slavery, but 'limited 'servitude texpi red by efflux of lime. At that time, cer lainiy, me case oi a iianuinitteu slavo, or onus fre'eborn progeny, Was, riot contcm plated as onp tp be provided for on tho foun- uur s scnomo oi poucy. j nave quoted tlie passage, however, to"fehbv 'that the word freeman was applied in a peculiar senso to uie ponucai compact ot our ancestors, res ting, like a cornoration. on a charter from tho crown; 'and exactly as it was applied to uouics pontic at nome. in cntiro consonance it was declared in the Act ,of Union, given at Chester in the samo year, that strangers and foreigners holding 'land "according to the law of a freeman," and promisliig obe dience to tho proprietary a3 well as allegi anco to the crown, "shall bo held and repu ted freemen of tho province and counties aforesaid" and it was further declared that when a foreigner 'shall make his request to the governor of the province for the afore taid freedom, the same person shall be ad mitted on the conditions heroin expressed, paying twenty shillings sterling and no more" modes of expression peculiarly ap propriate to corporate fellowship. The word in the same senso pervades the Char ter of Privileges, tho Act of Settlement, and the Act of Naturalization, in the preamble to the last of which, it was said that some of tho inhabitants were "foreigners and not freemen according to the acceptation of the laws of England." It held its place also in the legislative style of enactment down to the adoption of the present Constitution; af ter which, thd words "by and with th dd vice and consent of tho freemen," were left out and the present style stibstitdtcd. Thus till the instant when the phrase on which the question" turns, was penned, the term frecnlart had a peculiar and specific sense, being used like tho term citizen which sup planted it, to denoto one who had a voice in public afiairs. . The citizens were denom inated freemen even in the constitution of 1770 and under the present Constitution, the word, though dropped in the stylo, was used in legislative acts convertibly with electors, so late at the year 1798 when it grew into disuse. lit im act passed the fourth of April m that year for the estab lishment of certain election districts, it was for the first time, used indiscriminately with that word; sincd when, ii has been entirely disused. Now it will riot be pretended that the legislature meant to have it inferred that every one not a freeman within the perviow should bo deemed a slave; and how can a convergent intent be collected from the same word ill the Constitution, ilfat ev ery one not a slave is to be accounted an elector? Except fof the word citizen which stands in tho context also as a term of qual ification, and affirmance of these proposi tions would extend the right of suffrage to aliens; and to admit of any exception to the argument, its force being derived from the supposed universality oi" the term, would destroy it. Once concede that there may bo a freeman in oiie sense of it, who is not so in another, and the whole ground is sur rendered. In what sense then must the Convention of 1700 be supposed to have used the teim? Questionless in that which it had acquired by use in public acts and legal proceedings, for thd reason that a du bious statutd is to be expounded by Usage. "Tha me&niilg of things spoken and writ ten, must bo as hath been constantly receiv ed.'' (Vaugh 109.) On this principle, it is difficult to discover how, the wortl free man, as used in previous public acts, could havo been meant to comprehend a coloured race. As well might it bo supposed that the declaration of universal and unalienable freedom in both our Constitutions; was meant to comprehend it. Nothing waa ov er more comprehensively predicated, and a practical enforcement of it would havo lib erated every slave in the State; yet mitiga ted slavery ldng continued to exist among lis in derogation of it. Utiles of interpreta tion demand a strictly verbal construction df but a penal statute and a constitution is to bo construed still more liberally than even a remedial one, because a convention legis lating for masscsj ean do little more than mark att outline of fundamental principles leaving the interior gyrations and details to be filled up by ordinary legislation. "Con ventions intended to regulate the conduct of nations, said Chief Justice l ilgJiirian lii the Farmers' Bartk v. Smith, 'J Sergt. and Bawl. 09, "are not to bo constucled like articles of agreement at the common law It Is ofliltln importance to the public wheth er a traet of land belongs to A or B. In deciding theso titles, strict rules of construc tion may be adhered to and it is best they should bo adhered to. Btit in addition to interpretation from usage, this antecedent legislation furnishes other proofs that ho coloured race was par ly to oiir social compact. As was jusllyv rerriarked by Prtaident 1-ox in the matter of tho late contested election, our ancestors settled the province as n community of white men; and the' blaeks were introduced into it as a race of slaves whence an un conquerable prejudice of caste which has come down to our day, insomuch that a sus picion of taint still ha the unjust effect of -fetttLiun ttij lrrinr'rif il liftlntlr llm nrtrntnntl . ..... ...... j... . ... ......... ..... v.... level. I'Mistslcntly with tins pri'jnilcc, is 'it to bo credited, that parity of rank would bo allowed to bucli a nice? Lot the ques tion bo aliswtrcd by tho statno nl 172G which denominated it an idle and a slnuth ful people; which directpd the magistrates to bind out Irco ncurocs for laziness or va grancy; which forbade them to harbor In dian or inulatlo slaves on pain of punish ment by line, or to deal willt negro slaves on pain of Mrincs; which Annexed to the interdict of marriage wtth a White, the pen alty of reduction to slavery; which punish ed them for tipling with stripes, and even a negro. II Ircemen, in pol tical sense, were subjects of these cruel and degrading op pressions, what must have been the lot of their brethren iH bondage. It is also true that degrading conditions were sometimes assigned by whitomen, but never as mem hers of a baste. Insolvent debtors, to indi cate the worst of them, were compelled to litako satisfaction by servitude; but that was borrowed lrnm a kindred and still less ra tional principle of tho common law. This act of 1720, however, remained in force till it was repealed by the emancipating act of 1780; and it is irrational to believe that the progress of liberal sentiments was so rapid in the next ten years as to prriddec a deter mination in tho convention of 1790, to raise this depressed race to the level of the whito one. It sucti wero its purpose, it is strange tiiat the word chosen to effect it, should have bech the very bnb chosen by tho con vontidn of 1770 to designate a whito elec tor. "Every freeman, it is said Chap. II, Sect. VI, "of the full ago of twenty tino years, having resided in this state for the space of ono whole year the day of election, and paid taxes during that time, shall enjoy the rights of an elector." Ndw if thd word freemen wore not potent endugh to admit a free ncirro to suffran-o under the first consti tution, it is difllctllt to discern a degreo of magic in tho intervening plan of emancipa tion, sufficient to give it adequate pdteiftiy, in thd apprehension of theconveritldn uiiddr the second. The only thing in the history of the con vention, which casts a doubt upon the in tent, is the fact that tho word white was prefixed to tho word freemen in the report of the committed, and subsequently struck out probably because it was thought stl- pcrlluoUS, or still iriore probably because it was feared that respectable men of dark complexion would often be insulted at the polls by objection to their colour. I have heard it said that Mr. Gallatlh sustained his motion to strike out on the latter iinuind. Whatever the motivei disseverance is in sufficient to warp the interpretation of a word of such settled and determinate mean- nir as the ono which romniried. A legisla tive bddy" speaks tothcjud!caryonly;hrodgli its final net) and expresses its will in ih e words ol it; and though their meaning may bs influenced by the sense in which they nave usually been applied td intrinsic mat ters, we cannot receive an explanation of them from what has been moved or said in debate. The place or a judge is his forum not the legislative hall. Were he even disposed to pry into the motivps of the members, it would lie impossible for him to ascertain them; and in attempting to discov er the ground on which tho conclusion was attained, It is not probable that a member of the majority could indicate any that was common to all. I have thought it fair to treat tho question as it stands affeuled by dur1 dtf n municipal regulations without illustration from thoso of other states were tho Condition of the race has been still less favoured. Yet it is propdr to say that the second section of the fourth articls of the Federal Constitution, presents an obstacle to tho political freedom of the negro, which seems to bs insupera ble. It is to be remembered that citizen ship as well as freedom, is a constitutional qualification; and how it could be conferred so as to overbear the laws imposing count less disabilities on him in other slates, is a problem of difficult solution. In this aspect the question becomes one, riot 6f njtention, but of power; and of power so doubtful as to forbid tho exercise of it. Every man must lament the necessity of these disabili ties; but slavery is to be dealt with by thoso whose existence depends on the skill with which it is treated. Considerations of mere humanity however belong to a class with whidh, as judges', we havo not to do; and in (eYprc'ting the constitution in the spirit of our own institutions, we arc bound to pro nounce that men of colour are deslilnde of title to theelective franchise. Their blood, however, may become so diluted in suc cessive descent as to loose its distinctive character; and then both policy and justice require that previous disabilities should cease. I5y t be amended constitution of North Carolina no free negro, mulatto, or free persons of mixed blood, descended from negro ancestors to tho fourth genera tion inclusive, though one ancestor of each generation may have been a while person, siialt vote lor members 01 the legislature. I regret to say, no similar regulation for practiclo purposes, has been attempted here; m consequence of which every case of dis puted colour must be determined by ito par ticular rule but by the discretion of tho judges, and thus n great constitutional right, even under Uie proponed amendments of the constitution, will bo left the sport of caprice. In conclusion, we are of opinion thb court erred in directing that tho plaintiff could have his action against the defendant fur ihu rejection of his vote. Judgment reversed. TO Tltfe PEOPLE, OF PENNSYLVANIA- , FELLOW CITIZENS t . The Convention which assembled by your direction to reform the Constitution of this State was elecled'and organized under unfavorable circumstances. Tho friends of reform had much to contend with ; and for a long time could mako but little progress, with great discouragement in the conven tion and throughout tho state. Our officers, committees and preliminary steps were so uncongenial with dispassionate proceedings to improve tho frame of government, that a general opinion prevailed that the conven tion must end in abortion and discredit; which apprehension was' so eencially and discredit; which apprehension was so fecn- orally and often disingenuously dissem inated, particularly by the public press, that a settled bclici n some measure still exists that little br nothing could lie; br has been dond; The deranceineutof (ho currency. stagnation of business and excited state of party feeling in both state and federal pol itics combined to render the lime and cir cumstanccs of our meeting extreme jniuspi clods, arid many of the sinccrcst friends of republicanism almost despaired of success in any attempt to improve its institutions bv such reforms as wb havd Hcvcr doubted are required by a largo majority and the wel fare of tho people of Pennsylvania. Re form was supposed to bo in a minority of tne convention and repealed movements were tiied by some of its opponents claim ing and seeming to be a conservative major ity, to frustrate tho whole design of our convention. By the aid 'of some of thb more liberal of that apparent majority, how over with generous and clightened constan cy from first to last sustaining certain re forms, and by the help of public sentiment, we have the satisfaction to assure you that great amendments have been at last" carried by large majorities, to be submitted to the pedplb for their action upon them. Pit tience perseverance and free and candid dis cussion during threo protracted sessions of more thanhali a year's exclusive devotion to the great objects confided to us, under all the disadvantages alluded to, have enabled us to close our labors with extensive and fundamental reforms, for some of which nearly all the members of the cunvenlion at last voted. Almost overy member of a bo dy; which throughout its deliberations has shown no disposition for rash, inconsider ate unnecessary, or evcii'numerous changes, lias sanctioned finally the position we hate uniformly occupied, that tho constitution of 1790 may be improved without endanger ing its udvantaires, some errors corrected. abuses inseparable from tile practical oper ations of government removed, fiesh vigor given to the virtue of Democracy, and the legitimate sovereignty of a frdo pcdplo, re- piuuisiiuu aim rciuiorccu. Wo shall not attempt fellow citizons, in this short, address to explain to you in de tail the reforms submitted for your sanction. They should and nb dodht will be parti cularly examined by you before' yoti atit up on them, But following summary will show how thoroughgoing, yet as we trust, how valuable and satisfactory they must prove to every lover ilie utmost freedom that is consistent with a government of law. The political year1 is to begin in January; the principle of rotation in short terms of offices is' applied by allowing the chief ma gistrate but two terms of thee years each in succession, the senatorial terms Is reduced three Vears; the power of the legislature to grant Banking corporations and privileges is abridged dud regulated; and it is deprived of all power to authorise either coFporations or individuals to take private property for pub lic use without compensation first paid or se cured. The legislative power over marria ges is likewise diminished, and there is con stitutional provision against duelling. The Governor's patronage is nearly all taken away, and for the most part restored to the immediate action of the people by electihg those officers hitherto appointed by tho Governor; whose appointment of even judicial officers is to be cliedlicd by the Senate, sitting with open doors on each nominations. The legislature moreover may direct the mode of appointing all offi cer's which is not fixed by the constitution; and removed from office remains as hereto fore. All life officers arc abolished; Judges of tho Supreme couit to bo commisflioile'd for fifteen years, Presidents of the cornmon Pleas nnd other Law Judges for ttfrt, and Associate Judges, of the Peace and Alder men for" five years, if they so long behave themselves welh The disagreeable1 duty of carrying out the addpted principle by which Judges arc to lie hereafter commissioned for limited terms is to be enforctd by a scale of gradual re moval, by which all tho personal forbearance that isconsistent with constitutibrial arrange ment is carefully attended to' Justice of the peace and Aidcrm'an, are to bo olcgiblo in wards, boroughs and town ships at the Constable' election, in such numbers as tho Legislature may direct. Prothonotatics and clerks of courts, Regis ters and Records aro to be elected for three years by the people of each county, and Clerks of the Supremo Court, to bo appoin ted by that court for three years, if such Prothonotaries, Clerks, Registers and Re corders so long behave theiriselvcs well. But one person instead of two is to bo cho sen .Sheriff. The right of suffrage Is extended to all white freemen, twenty oho years old, ono year resident in this' state having within two years paid a tax assessed within ten days before tho election, and resided ten days immediately preceding it in tho district white freemen, between twenty. one and twonty two years old, having resided a year in the state, may voto without paying any tax or being tho sons of qualified voters. These arc, wo conceive, great improve ments. They extend the right of snffraTo considerably beyond its present allowance, and they put an end to the claim of those who arc not entitled to political equality with white freemen. Without impairing the ne cessarily great power of legislation, these re forms linilt ami r'cgulate it so us to curb one of the greatest evils that has usurped the public sovereignty. While abolishing all officers for life, they preserve the indepen dence of the judiciary, without its much com plained of irresponsibility. They strip tho Governor of that odious patronage which convulsed the state. They givo back to tha people the choice of their country officers ii immodiatc magistracy. And throughout tho whole of the amendments proposed, the sov ereignty of the people is rendered a reality in practice, as it is a principle proclaimed in all the bills of rights of overy freo govern ment. At the same time, civil, and religious liberty, personal scctuity free'dom of speech and of the press, all vested iiiterests, togeth er with overy immunity of republican well being are preserved as heretofore asserted in the old bill of rights. Finally, tho umoncidit constitution con taing within itself the vital principle of fur ther amendment, by authorizing both hou' ses of two successive Legislatures, with the approbation of the people at an intervening election, onco in five ycarsj to add to theii1 constitution whatevbrifdlher amendments cxpei ienco may require; so that the' frame of government, without over-hasty action; commotion expense or inconvenience may at all times be deliperately improved, ds thd good sense of the community may deter mine, All things considered, we flatter ourselves fellow citizens, that much desirable and sal utary reform has been effected, as fara3 tho convention is concerned. It was but A committee of the whole people, preparing by their instruction such measures as it rests with them to act upon finally. It was thought best to tilkc your judgment upon the wholo as a unit, on the day of tho general annual elections, when mord than at any special election; the whdle pcoplo of Pennsylvania may, and probably will; void on this impor tant subject. As citizens bf Pennsylvania; ds Ameri cans, a9 freemenj as republicans, arid as re formers 6f existing abuses, we ard willing to abide your will, fellow citizens, on tho principles of good government thus submit ted td the people. Philadelphia: 22d February, 1838. Oi J. ingcrsolt, Charles JJrown, Joel K. Mannt Tobias Sellers, Jl, M. Head, G, W. WoodiL'ard, John J. McC'aieiu Mdrcw Bedford. Jno. Rittcr; John Fuller, David Gilmore, Thomas Tf'eaver, Ch rislian Myers, J fin. Smyth; Jacob Krilis, Jlhx. Ma 'gec, Henj, Martin. William Gcarhart, Henry Scheetz, II. Gold Rogers, Jamts Clarke, Ephraim Dunhsi Gio. II. Keinii J.lt.Donnelt, l)apid Lyons, JFilliam High Jim. L. Miller, ' Wm. Curll, Geo. Smith, Thomas Tqggarli 1!. M.- Graini I). iYeutn, . Jttcob IJillinger; Jos. Fry, jr. George Shillclo, . John Cummin, Geo. T: Craufordt John Foulkrodj L. L. Eiiicloio, John Jl: Gamblci Samli O. Bonhtim, Jacob Slickcl, Nark Harrah, Virgil Grencil, JFm. Overfieldf James Kennedyi Thos S. Bell, John Y. Barely, ,osepn m. vorun, B. G. llhite, Mm. Ilclfcnsteini Jabez Hyde, JFilliam Brown, Hiram Payne, Thomas Hasling'sf Fierce Bullet, Bobt. Firming, Ezra S. Hayhurstt Jiio. B. Ste'rigere, Jai. Donagam Geo. W. Biter, 'Thomas Earlt. By the extinction of all licenses to Gam bling Houses in France, that government loses six millions of francs per annum. Wheat Flour is icllirtg in New York ai 88. At Cleveland, Ohio, it is selling at $0 a barrel. The debt incurred bv the state of Ohio in prosecuting her public works is upwards ot $11,000,000, Tho Legislature of Maine has passed a law exempting from attachment the pew of an insolvent debtor. Smrm nnn nslfpil a 1ml linu lia fiVinVtinnarf to be so small for his age ? He' replied "rather always keeps me flo busy I Inn t time to grow I" A cotcmporary editor makes (he follow ing juat remark.' 'Thousands have leaf nod this important trfith by their ruin a fewt a very few, by their success : "Ncwspaper enterprise and rtewspanor property are pe culiar and sui gentrts. Like a poet,- at newspaper EMTon must be born such or he will never succeed." A RkmruV. A person clioaked with a Potato will find inMant relief, it Is said, by swallowing u Pumpkin.
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