An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting by Anonymous
page 43 of 270 (15%)
page 43 of 270 (15%)
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slaves before their emancipation. This conclusion is readily to be
deduced from the opinion of Chief Justice Jay in the case of _Chisholm's Ex'rs vs. The State of Georgia (2 Dallas, 419-471)_, although the learned Chief Justice had of course no idea of any such application as I make of his opinion. The action was assumpsit by a citizen of the State of South Carolina, and the question was, whether the United States Court had jurisdiction, the State of Georgia declining to appear. The Chief Justice, in the course of his opinion, after alluding to the feudal idea of the character of the sovereign in England, and giving some of the reasons why he was not subject to suit before the courts of the kingdom, says: "The same feudal ideas run through all their jurisprudence, and constantly remind us of the distinction between the prince and the subject. No such ideas obtain here. At the revolution the sovereignty devolved on the people; and they are truly the sovereigns of the country, but _they are sovereigns without subjects_ (unless the African slaves among us may be so called), and have none to govern but themselves; the citizens of America _are equal as fellow-citizens, and as joint tenants in the sovereignty_." Now I beg leave to ask, in case this charge against Miss Anthony can be sustained, what equality and what sovereignty is enjoyed by the half of the citizens of these United States to which she belongs? Do they not, in that event, occupy, _politically_, exactly the position which the learned Chief Justice assigns to the African slaves? Are they not shown to be _subjects_ of the other half, who are the sovereigns? And is not |
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