fficult 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 their graves, they could not at
all recognize it. All the powers of earth seem rapidly combining against
him. Mammon is after him, ambition follows, philosophy follows, and the
theology of the day fa