“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 or four years.  In two of the five States—­New Jersey and North Carolina—­that then gave the free negro the right of voting, the right has since been taken away, and in a third—­New York—­it has been greatly abridged; while it has not been extended, so far as I know, to a single additional State, though the number of the States has more than doubled.  In those days, as I understand, masters could, at their own pleasure, emancipate their slaves; but since then such legal restraints have been made upon emancipation as to amount almost to prohibition.  In those days Legislatures held the unquestioned power to abolish slavery in their respective States, but now it is becoming quite fashionable for State constitutions to withhold that power from the Legislatures.  In those days, by common consent, the spread of the black man’s bondage to the new countries was prohibited, but now Congress decides that it will not continue the prohibition, and the Supreme Court decides that it could not if it would.  In those days our Declaration of Independence was held sacred by all, and thought to include all; but now, to aid in making the bondage of the negro universal and eternal, it is assailed and sneered at and construed and hawked at and torn, till, if its framers could rise from