Charter Oak, 1838-06

              CHARTIIR OAK.
VOL. I. F R E E P R I N C I P L E S - F R E E MEN —
Junej PUBLISHED BY THE CONNECTICUT
FREE SPEECH—AND A FREE PRESS. NO. 4.
ANTI-SLAVERY SOCIETY^ HARTFORD. [1838.
taiendments to the constitution wen
the right ojf the people, peaceably t(
mble and petition the government for
ss of grievances was,incorporated, nol
the principle of originating a right thai
ot 'already exist, for though it was ad-mitted
to be an inherent, existing right, it was
thought best that eacred and dear as it wa?,j(;e8pectively—each of which statutes, it w
it should receive the imposing force of consti-'^laimed, introduces a distinction founded (
THK CHAATIR OAK is pfablithed mtathly;
No. 7 Atyhim itreet, Har^rd, at
prices, to b« pdid in all CMes, in dfi
1 copy, . • • • 50 centi,
10 copiM, « . . 5 dollars
SO cdpiM,' . . . • • 10 dollars
MO Mjiim, . . . 17 dollara
All. ciravrs and roBmnnieations for
riioald(b«,*ddreMed to S. S. Cowlet, Hi
— •
R E P O R T
Om iK» right •/ Petition and the Fretdom of
Speteh.
GENBRAL ASSEMBLT, I >
May Session, 1838. 11
The joint Select Committee, to whom was
referred so much of the Governor's Message
ae relates to the liberty of speech and right of
•petiti<Mi« and also the memorial of Increase
Wil^n aad other vcAers of the town of N ^
London, requesting the Legislature to pro-test
against the fesolution of Congress, pass,
ed in the Hous^ of Representatives, Decern,
ber 21st, 1837, and to whom were committed
many other petitions of the same tenor, sub
scribed by a large number of tlie citizens of
ifais state, have attended to the duty assigned
them, and submit the following report:
That the right of tho people to petition
Tthose. invested with the powers of govern-ment,
for a redress of grievances, is founded • to a large class of the citizens of this state.
i^pl^^f natural law, and so peculiarly thft' on^ to seventy years of age, shall be set in
ri^t aiid inheritance of every American, the list at twenty dollars each;" " the act con-i.
quire no additional sanction. Whei^! cerning towns and "the act relative to
school districts and districting, the manner in
which the meetings of societies and school
districts may bo warned, passed 1823" con-fining
the right of voting in town, school, so-ciety,
and district meetings, to tho w/ii/e male
inhabitants thereof, having the qualifications
specified in the two last mentioned acts
tutional sanction, and that Congress should be
prohibited from making any law abridging the
freedomjif its exercise. This yght, in the
was
on
color only, and of which the memorialists
jbomplain.
, „ . .1. In regard to tho first of these statutes
opinion of the Committee, is not to be confined jyiz : the " act for forming and conducting the
to any particular class of grievances, whether jbilitary force" enacted'Ho carry into execution
they affect the petitioners, men or property, j^eeably to the requirements thereof, the act
communities or states, the national interestaj]^ Congress, passed in the year 1792, entitled
or^dnor, the right alike exists, it extends in.|j"an act more effectually to provide for^the
deed to all subjects, upon which Congress national defence, by establishing an unin^tn
have the cohstitutional power to legislate, in 1 militia throughout the United States," and
either case the right is inviolable. The Com- ^the additional act passed May 12th, 1320, the
mittee have no doubt, that the resolution oflCommittee are of opinion, that the alteration
the House of Representatives of the United j|>rayed for by the memorialists can be made by
StatesinthemonthofDecember last, referred'Congress only, to whom the Constitution of j may possess, in other respects, the required
to, and set forth in the memorials referred to^the Unite^ States has delegated the power qualifications from the right of voting in town,
them, and the practices which have attended to provide for organizing, arming and dis- school, society, and district meetings. This
exclusion is not occasioned by any constitu-tional
disability. The colored man is only
prevented by the constitution, from being ad^
mitted as an elector, but that is not made by
citizen! from all political power, ought not to
be accsmpanied by a still further exemption
from taxalio*, it is not the province of tho
Committee to enquire; but they are clearly
of ofwioiit that the pit^sent exemption cannot
with propriety be complained of by the ichiie
population, as a hardship upon them. It
ought perhaps in addition, to be suggested,
that our lehile male citizens, have it in their
power, by the performance of duty in the Mili-tia,
to obtain an exemption from the poll taju
a privBege which the colored citizens, if it
were imposed on them, could not enjoy. ThO
committee are not informed by the memori-alists,
nor do they believe, that it is the wish
of the colored population, to be subject to
this burthen in common with the white citi-zens,
unless they can also enjoy the same po-liU^
al rights and privileges, which are now
withheld from them by the constitution of the
Stat4j. ^ •
3. The only remaining discrimination ex-isting
in the Statute book, to which the atten-tion
of the committee has been directed, are
those which exclude colored citizens who
it, are a virtual denial of the right of petition^,biplining the Militia." The distinction com-tr
» n Inrrro pinca nf tVio r.f* .,toto plained of, having beou iutroduced into'the
petitioners in the House of Representatives act of Congress, the State Legislature in^the
of the United States; and that this denial is performance of their duty to pass the necesi
upon principles of natural justice and natural
law, and antecedent to written constitutions
•of government, independent of them all, and'in violation ofthe first article of the amendment eary laws for carrying that organization into • the statutes under consideration, a necessary
necessary to the security of free institutions, j of the Constitution of the United States, op- effect have no power, in the opinion of the | qualification to entitle a tcWte inhabitant lo
It is one of the most essential privileges deri-1 posed to natural right, and subversive of the |kommittee to change it by introducing into j vote in town, school, society or district meet
principles of free government. The Com-jthe Militia, any class of citizens ^vhomUnjs. The constitution makes a good moral
mittee believe the petitions referred to, should'congress have deemed it expedient to ex-! character essential to the enjoyment, in tho
have been received, read, referred and con-lclude. I first instance at least, of the privileges of an
sidered as petitions on all other subjects,! 2. In regard to the section of the assess. I elector; but no discrimination of that sort is
within the constitutional powers of Congress,! ment act, requiring the polls of all le/iiie male j made in the act concerning towns, or in that
are received, read, referred and considered^ersons from 21 to 70 years of age, to be set which prescribes the qualifications of voters
without reproach or rf^buke to the signers ^ n tile list at 2a aoDar^eac!r„^hichf is cohr.- in richool, soc^^eties or diateiM »eotingto» Tho
authors of them. The manner in which the! plained of by the memorialists as introducing privilege is conferred on every white inhab-resolution
of the 21st December, 1837, was 1 an improper and unjust discrimination, found. [ itant who has resided a year in the town,
passed, and the action under the same, the ed on color, the question as to the propriety'though he may not be an elector, if he owne
Committee cannot but regard as a virtual or justice of the discrimination, presents itself j a rated freehold estate not subject to a mort-abridgement
of the freedom of discussion in two aspects, viz:—1. whether justice to' gage, of the value of 300 dollars, or personal
guaranteed by the Constitution. The rights | the white male inhabitants of the State, does! estate taxed of the value of 2233 dollars, or
their consideration, petitions relating to any'of free discussion and unrestrained applica-jor does not require that the public burthens'to use the words of the statute, "a freehold
subject over which their constitutional power | tion to their rulers, aie rights in the language' shall be borne, rateably, by all who enjoy tho' estate not subject to a mortgage, rated in tho
of legislation extends, may be repelled and' of his Excellency, the Gover-nor, justly es.' protection of the government, and if so, common list or assessment at nine dollars, or
tlieir petitions rejected without reading, hear-j teemed invaluable, never to be yielded, never j whether on that ground the exemption from personal estate rated in said list at 134 dollars,
ing or consideration. Wherever the right of; to be compromised. All claims to the con-1 the poll tax, of a class of the citizens on ac-ved
from those natural rights which are com
mon to all mankind, which in virtue of the
fundamental lavs of Great Britain are the pe-culiar
birthright of every British subject, and
the unalienable inheritance of everyAmerican.
The right of petition, free, unqualified and
liinreelrained, the Committee hold to be of the
very substance and essence of civil liberty.
Indeed, they can have no conception of a
free government, where the people, respect-fully
approaching those invested with the
powers of government, elected by the people
to make laws for their benefit, and offering for
petition exists, it is the duty of those to whom
they are addressed, to hear and consider
them, otherwise the right itself is to ail prac-trary
will be treated by consistent freemen j count of a difference in color merely, ought
with indignation and resistance. {not to be abolished, and 2. whether the ex-
The Committee, in conclusion, unanimously .emption is one of which the colored citizens
tical purposes, a vain illusion, an outrage up-i recommend the adoption of the following pre.' of the State, have a right to complain, or do
on the feelmgs and interests of the people. amble and resolutions.
All which is respectfully submitted.
Per order of the Committee,
E. A. BULKLEV, Chairman.
SECKETARY'd OjfFICE, IIARTFORO,
JUMB 2U, 1838.
people, to relievo which, was one groat end of p ""
. - . . . . . . - . ^YJJ^J JG JJ, ROVAL R. IIINMAN,
The very right of asking, implies a correspon-ding
obligation, that the request shall be heard,
considered and decided ; for what is tho right
of petition, but the privilege of communica-ting
to those in authority, the wants of the
exclusive of their polls."
If the law were altered, so as to make no
discrimination on account of color in regard
to the right of voting in town, school, society
and district meetings, still the property qual-in
fact complain, as introducing a discriinina-i ilication, which every colored man (who was
tion injurious to them. not an elector at the adoption of the constita-the
institution of government,
but the right to ask, the riglit to pray, a right i
conceded to every criminal, however base liisj
guilt—a right,which in other relations is deep-1
ly interwoven with the principles of our reli-gion,
and not only permitted, but made the ini-perative
duty of all. Under the British con-stitution,
this right was secured and guarded
by statutes and declarations of rights.
Our ancestors, when they came to this coun-try,
adopted so much of the British law as was
applicable to their condition and circumstan-ces.
The right of petition needed no sanction
of governmental authority; it resided inalien-ably
in the people ; it was a right held sacred
by the colonists, and a disregard of which,
was assigned among the causes that led to the
declaration of iudependence. When the con-stitution
of the United States was adopted,
tiiere was no provision made on this subject;
tlie right was supposed to be too clear to be
dlfiputed, so intimately connected with the
Secretary of said State,
The committee are of opinion, that as the: tion) would be required to possess, to entitle
constitution of this State, confines the right' him to act, is so great, that very few indeed
of suffrage to the while male citizen.", and ex-i of that class of citizens would be able to par.
eludes the cblored citizens from the right of,ticipate in the privilege. It is believed by
representation, there can be no just ground J h e Committee, that the number could not ex.
of complaint on the part of the former, that, ceecl, if it would equal, a hundred, in the state
the latter are exempted from the personal tax. of Connecticut.
imposed by the section of the assessment act | In the states of Massachusetts anJ New
referred to by the memorialists. It was York, tlie colored citizens, possessing in otiier
maintained, as a conditional principle, by | respects, the requisite qualifications, have
the Statesmen of the Revolution, that taxa- always enjoyed the right of voting; being
tion aud representation ought to be insopara. I placed by the constitution of the former state,
ble. And in the neighboring state of Newi on a footing of equality with the whites, Vvhile
R E P O R T
On the Repeal of all Laws in this State which •
viohe any distinction among its Inhabitants on'
account of Couoa., j
GKNEUAL ASSEMBLY, )
May Session, 1838. ^
The joint Committee on'the Judiciary, to! York, where the principles of constitutional'in the latter, though general freedom of suf.
whom was referred the consideration of sun-! liberty have always been well understood and frage is extended to the white male citizens,
dry memorials praying for the repeal of all {cherished by the people, the convention of I a property qualification of two hundred and
laws of this state which make any distinction' 1821 adopted a provission, in which tho Qlian.} fifty dollars is required of the colored.
among its inhabitants on account of color,
respectfully report:
Tliut the attention of the committee has
been directed by the counsel for ti»o memorial,
ists, who nppeared before the Committee, to
the following named statutes, viz: the ** act for
forming and conducting the niilitury force; that
part ot the second section of tiie act for the
assessment of taxes, which provides that " the
polls uf all white male persons from twenty
cellor and Judges of the Supreme Curt, and!
the present Chief Magistrate of the United
States, then members of the Convention,
concurred, exempting entirely from taxation,
every colored citizen of that state, unless he
holds a freehold of two hundred and fifiy del-lars
in value, which, by another article in the
Constitution, entitles him to the exercise of
the elective franchise. Whether the exclu^
•ioo by our Constitution, of the colored male
The Committee are not informed that any
evils have been found to result in those states,
from the admission to the right of suffrage of
such of the free colored citizens, as posses*
the qualifications required by their respective
constitutions, nor are they aware that any
have beeu experienced in our own state, from
tho admission of colored citizens as freemen,
when possessed of the property and other
qualifications required by our laws before tho