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.
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