Фредерик Марриет
Diary in America, Series One
Volume One—Chapter Twenty Two
Philadelphia is certainly, in appearance, the most wealthy and imposing city in the Union. It is well built, and ornamented with magnificent public edifices of white marble; indeed there is a great show of this material throughout the whole of the town, all the flights of steps to the doors, door-lintels, and window-sills, being very generally composed of this material. The exterior of the houses, as well as the side pavement, are kept remarkably clean; and there is no intermixture of commerce, as there is at New York, the bustle of business being confined to the Quays, and one or two streets adjoining the river side.
The first idea which strikes you when you arrive at Philadelphia, is that it is Sunday: every thing is so quiet, and there are so few people stirring; but by the time that you have paraded half a dozen streets, you come to a conclusion that it must be Saturday, as that day is, generally speaking, a washing-day. Philadelphia is so admirably supplied with water from the Schuykill water-works, that every house has it laid on from the attic to the basement; and all day long they wash windows, door, marble step, and pavements in front of the houses. Indeed, they have so much water, that they can afford to be very liberal to passers-by. One minute you have a shower-bath from a negress, who is throwing water at the windows on the first floor; and the next you have to hop over a stream across the pavement, occasioned by some black fellow, who, rather than go for a broom to sweep away any small portion of dust collected before his master’s door, brings out the leather hose, attached to the hydrants, as they term them here, and fizzes away with it till the stream has forced the dust into the gutter.
Of course, fire has no chance in this city. Indeed, the two elements appear to have arranged that matter between them; fire has the ascendant in New York, while water reigns in Philadelphia. If a fire does break out here, the housekeepers have not the fear of being burnt to death before them; for the water is poured on in such torrents, that the furniture is washed out of the windows, and all that they have to look out for, is to escape from being drowned.
The public institutions, such as libraries, museums, and the private cabinets of Philadelphia, are certainly very superior to those of any other city or town in America, Boston not excepted. Every thing that is undertaken in this city is well done; no expense is spared, although they are not so rapid in their movements as at New York: indeed the affluence and ease pervading the place, with the general cultivation which invariably attend them, are evident to a stranger.
Philadelphia has claimed for herself the title of the most aristocratic city in the Union. If she refers to the aristocracy of wealth, I think she is justified; but if she would say the aristocracy of family, which is much more thought of by the few who can claim it, she must be content to divide that with Boston, Baltimore, Charlestown, and the other cities which can date as far back as herself. One thing is certain, that in no city is there so much fuss made about lineage and descent; in no city are there so many cliques and sets in society, who keep apart from each other; and it is very often difficult to ascertain the grounds of their distinctions. One family will live at No. 1, and another at No. 2 in the same street, both have similar establishments, both keep their carriages, both be well educated, and both may talk of their grandfathers and grandmothers; and yet No. 1 will tell you that No. 2 is nobody, and you must not visit there; and when you enquire why? there is no other answer, but that they are not of the right sort. As long as a portion are rich and a portion are poor, there is a line of demarcation easy to be drawn, even in a democracy; but in Philadelphia, where there are so many in affluent circumstances, that line has been effaced, and they now seek an imaginary one, like the equinoctial, which none can be permitted to pass without going through the ceremonies of perfect ablution. This social contest, as may be supposed, is carried on among those who have no real pretensions; but there are many old and well-connected families in Philadelphia, whose claims are universally, although perhaps unwillingly, acknowledged.
I doubt if the claims of Boston to be the most scientific city in the Union, can be now established. I met a greater number of scientific men in Philadelphia than I did in Boston; and certainly the public and private collections in the former city are much superior. The collection of shells and minerals belonging to Mr Lee, who is well known as an author and a naturalist, is certainly the most interesting I saw in the States, and I passed two days in examining it: it must have cost him much trouble and research.
The Girard College, when finished, will be a most splendid building. It is, however, as they have now planned it, incorrect, according to the rules of architecture, in the number of columns on the sides in proportion to those in front. This is a great pity; perhaps the plan will be re-considered, as there is plenty of time to correct it, as well as money to defray the extra expense.
The water-works at Schuykill are well worth a visit, not only for their beauty, but their simplicity. The whole of the river Schuykill is dammed up, and forms a huge water-power, which forces up the supply of water for the use of the city. As I presume that river has a god as well as others, I can imagine his indignation, not only at his waters being diverted from his channel, but at being himself obliged to do all the work for the benefit of his tyrannical masters.
I have said that the museums of Philadelphia are far superior to most in the States; but I may just as well here observe, that, as in many other things, a great improvement is necessary before they are such as they ought to be. There is not only in these museums, but in all that I have ever entered in the United States, a want of taste and discrimination, of that correct feeling which characterises the real lovers of science, and knowledge of what is worthy of being collected. They are such collections as would be made by school-boys and school-girls, not those of erudite professors and scientific men. Side by side with the most interesting and valuable specimens, such as the fossil mammoth, etcetera, you have the greatest puerilities and absurdities in the world—such as a cherry-stone formed into a basket, a fragment of the boiler of the Moselle steamer, and Heaven knows what besides. Then you invariably have a large collection of daubs, called portraits, of eminent personages, one-half of whom a stranger never heard of—but that is national vanity; and lastly, I do not recollect to have seen a museum that had not a considerable portion of its space occupied by most execrable wax-work, in which the sleeping beauty (a sad misnomer) generally figures very conspicuously. In some, they have models of celebrated criminals in the act of committing a murder, with the very hatchet or the very knife: or such trophies as the bonnet worn by Mrs – when she was killed by her husband; or the shirt, with the blood of his wife on it, worn by Jack Sprat, or whoever he might be, when he committed the bloody deed. The most favourite subject, after the sleeping beauty in the wax-work, is General Jackson, with the battle of New Orleans in the distance. Now all these things are very well in their places: exhibit wax-work as much as you please—it amuses and interests children; but the present collections in the museums remind you of American society—a chaotic mass, in which you occasionally meet what is valuable and interesting, but of which the larger proportion is pretence.
It was not until I had been some time in Philadelphia that I became convinced how very superior the free coloured people were in intelligence and education, to what, from my knowledge of them in our West-India Islands, I had ever imagined them capable of. Not that I mean to imply that they will ever attain to the same powers of intellect as the white man, for I really believe that the race are not formed for it by the Almighty. I do not mean to say that there never will be great men among the African race, but that such instances will always be very rare, compared to the numbers produced among the white. But this is certain, that in Philadelphia the free coloured people are a very respectable class, and, in my opinion, quite as intelligent as the more humble of the free whites. I have been quite surprised to see them take out their pencils, write down and calculate with quickness and precision, and in every other point shew great intelligence and keenness.
In this city they are both numerous and wealthy. The most extravagant funeral I saw in Philadelphia was that of a black; the coaches were very numerous, as well as the pedestrians, who were all well dressed, and behaving with the utmost decorum. They were preceded by a black clergyman, dressed in his full black silk canonicals. He did look very odd, I must confess.
Singular is the degree of contempt and dislike in which the free blacks are held in all the free States of America. They are deprived of their rights as citizens; and the white pauper, who holds out his hand for charity (and there is no want of beggars in Philadelphia), will turn away from a negro, or coloured man, with disdain. It is the same thing in the Eastern States, notwithstanding their religious professions. In fact, in the United States, a negro, from his colour, and I believe his colour alone, is a degraded being. Is not this extraordinary, in a land which professes universal liberty, equality, and the rights of man? In England this is not the case. In private society no one objects to sit in company with a man of colour, provided he has the necessary education and respectability. Nor, indeed, is it the case in the Slave States, where I have frequently seen a lady in a public conveyance with her negress sitting by her, and no objection has been raised by the other parties in the coach; but in the Free States a man of colour is not admitted into a stage coach; and in all other public places, such as theatres, churches, etcetera, there is always a portion divided off for the negro population, that they may not be mixed up with the whites. When I first landed at New York, I had a specimen of this feeling. Fastened by a rope yarn to the rudder chains of a vessel next in the tier, at the wharf to which the packet had hauled in, I perceived the body of a black man, turning over and over with the ripple of the waves. I was looking at it, when a lad came up: probably his curiosity was excited by my eyes being fixed in that direction. He looked, and perceiving the object, turned away with disdain, saying, “Oh, it’s only a nigger.”
And all the Free States in America respond to the observation, “It’s only a nigger.”6 At the time that I was at Philadelphia a curious cause was decided. A coloured man of the name of James Fortin, who was, I believe, a sailmaker by profession, but at all events a person not only of the highest respectability, but said to be worth 150,000 dollars, appealed because he was not permitted to vote at elections, and claimed his right as a free citizen. The cause was tried, and the verdict, a very lengthy one, was given by the judge against him, I have not that verdict in my possession; but I have the opinion of the Supreme Court on one which was given before, and I here insert it as a curiosity. It is a remarkable feature in the tyranny and injustice of this case, that although James Fortin was not considered white enough (he is, I believe, a mulatto) to vote as a citizen, he has always been quite white enough to be taxed as one, and has to pay his proportion, (which, from the extent of his business, is no trifle) of all the rates and assessments considered requisite for the support of the poor, and improving and beautifying that city, of which he is declared not to be a citizen.
Although the decision of the Supreme Court enters into a lengthened detail, yet as it is very acute and argumentative, and touches upon several other points equally anomalous to the boasted freedom of the American institutions, I wish the reader would peruse it carefully, as it will amply repay him for his trouble; and it is that he may read it, that I have not inserted it in an Appendix.
The question arose upon a writ of error to the judgment of the Common Pleas of Luzerne county, in an action by Wm. Fogg, a negro, against Hiram Hobbs, inspector, and Levi Baldwin and others, judges of the election, for refusing his vote. In the Court below the plaintiff recovered. The Supreme Court being of opinion that a negro has not a right to vote under the present constitution, reversed the judgment.
“Respectfully, Fred. Watts
“Wm. Fogg versus Hiram Hobbs and others.
“The opinion of the Court was delivered by Gibson, CJ.
“This record raises, a second time, the only question on a phrase in the Constitution which has occurred since its adoption; and, however partisans may have disputed the clearness and precision of phraseology, we have often been called upon to enforce its limitations of legislative power; but the business of interpretation was incidental, and the difficulty was not in the diction, but in the uncertainty of the act to which it was to be applied. I have said a question on the meaning of a phrase has arisen a second time. It would be more accurate to say the same question has arisen the second time. About the year 1795, as I have it from James Gibson, Esquire, of the Philadelphia bar, the very point before us was ruled by the High Court of Errors and Appeals against the right of negro suffrage. Mr Gibson declined an invitation to be concerned in the argument, and therefore has no memorandum of the cause to direct us to the record. I have had the office searched for it; but the papers had fallen into such disorder as to preclude a hope of its discovery. Most of them were imperfect, and many were lost or misplaced. But Mr Gibson’s remembrance of the decision is perfect, and entitled to full confidence. That the case was not reported, is probably owing to the fact that the judges gave no reasons; and the omission is the more to be regretted, as a report of it would have put the question at rest, and prevented much unpleasant excitement. Still, the judgment is not the less authoritative as a precedent. Standing as the court of last resort, that tribunal bore the name relation to this court that the Supreme Court does to the Common Pleas; and as its authority could not be questioned then, it cannot be questioned now. The point, therefore, is not open to discussion on original grounds.
“But the omission of the judges renders it proper to show that their decision was founded in the true principles of the constitution. In the first section of the third article it is declared, that ‘in elections by the citizens, every freeman of the age of twenty-one years, having resided in the State two years before the election, and having within that time paid a state or county tax,’ shall enjoy the rights of an elector. Now, the argument of those who assert the claim of the coloured population is, that a negro is a man; and when not held to involuntary service, that he is free, consequently that he is a freeman; and if a freeman in the common acceptation of the term, then a freeman in every acceptation of it. This pithy and syllogistic sentence comprises the whole argument, which, however elaborated, perpetually goes back to the point from which it started. The fallacy of it is its assumption that the term ‘freedom’ signifies nothing but exemption from involuntary service; and that it has not a legal signification more specific. The freedom of a municipal corporation, or body politic, implies fellowship and participation, of corporate rights; but an inhabitant of an incorporated place, who is neither servant nor slave, though bound by its laws, may be no freeman in respect to its government. It has indeed been affirmed by text writers, that habitance, paying scot and lot, give an incidental right to corporate freedom; but the courts have refused to acknowledge it, even when the charter seemed to imply it; and when not derived from prescription or grant, it has been deemed a qualification merely, and not a title. (Wilcox, chap. iii. p. 456.) Let it not be said that the legal meaning of the word freeman is peculiar to British corporations, and that we have it not in the charters and constitutions of Pennsylvania. The laws agreed upon in England in May 1682, use the word in this specific sense, and even furnish a definition of it: ‘Every inhabitant of the said province that is, or shall be, a purchaser of one hundred acres of land or upwards, his heirs or assigns, and every person who shall have paid his passage, and shall have taken up one hundred acres of land, at a penny an acre, and have cultivated ten acres thereof; and every person that hath been a servant or bondsman, and is free by his service, that shall have taken up his fifty acres of land, and shall have cultivated twenty thereof; and every inhabitant, artificer, or other resident in the said province, that pays scot and lot to the government, shall be deemed and accounted a freeman of the said province; and every such person shall be capable of electing, or being elected, representatives of the people in provincial council, or general assembly of the said province.’ Now, why this minute and elaborate detail? Had it been intended that all but servants and slaves should be freemen to every intent, it had been easier and more natural to say so. But it was not intended. It was foreseen that there would be inhabitants, neither planters nor taxable, who, though free as the winds, might be unsafe depositories of popular power; and the design was, to admit no man to the freedom of the province who had not a stake in it. That the clause which relates to freedom by service was not intended for manumitted slaves is evident, from the fact that there were none; and it regarded not slavery, but limited servitude expired by efflux of time. At that time, certainly, the case of a manumitted slave, or of his free-born progeny, was not contemplated as one to be provided for in the founder’s scheme of policy: I have quoted the passage, however, to show that the word freeman was applied in a peculiar sense to the political compact of our ancestors, resting like a corporation, on a charter from the crown; and exactly as it was applied to bodies politic at home. In entire consonance, it was declared in the Act of Union, given at Chester in the same year, that strangers and foreigners holding land ‘according to the law of a freeman,’ and promising obedience to the proprietary, as well as allegiance to the crown, ‘shall be held and reputed freemen of the province and counties aforesaid;’ and it was further declared, that when a foreigner ‘shall make his request to the governor of the province for the aforesaid freedom, the same person shall be admitted on the conditions herein expressed, paying twenty shillings sterling, and no more:’—modes of expression peculiarly appropriate to corporate fellowship. The word in the same sense pervades the charter of privileges, the act of settlement, and the act of naturalisation, in the preamble to the last of which it was said, that some of the inhabitants were ‘foreigners and not freemen, according to the acceptation of the laws of England;’ it held its place also in the legislative style of enactment down to the adoption of the present constitution; after which, the words ‘by and with the advice and consent of the freemen,’ were left out, and the present style substituted. Thus, till the instant when the phrase on which the question turns was penned, the term freeman had a peculiar and specific sense, being used like the term citizen, which supplanted it, to denote one who had a voice in public affairs. The citizens were denominated freemen even in the constitution of 1776; and under the present constitution, the word, though dropped in the style, was used in legislative acts, convertible with electors, so late as the year 1798, when it grew into disuse. In an act passed the 4th of April in that year for the establishment of certain election districts, it was, for the first time, used indiscriminately with that word; since when it has been entirely disused. Now, it will not be pretended, that the legislature meant to have it inferred, that every one not a freeman within the purview, should be deemed a slave; and how can a convergent intent be collected from the same word in the constitution, that every one not a slave is to be accounted an elector? Except for the word citizen, which stands in the context also as a term of qualification, an affirmance of these propositions would extend the right of suffrage to aliens; and to admit of any exception to the argument, its force being derived from the supposed universality of the term, would destroy it. Once concede that there may be a freeman in one sense of it, who is not so in another, and the whole ground is surrendered. In what sense, then, must the convention of 1790 be supposed to have used the term? questionless in that which it had acquired by use in public acts and legal proceedings, for the reason that a dubious statute is to be expounded by usage. ‘The meaning of things spoken and written, must be as hath been constantly received.’ (Vaugh. 169.) On this principle, it is difficult to discover how the word freeman, as used in previous public acts, could have been meant to comprehend a coloured race: as well might it be supposed, that the declaration of universal and unalienable freedom in both our constitutions was meant to comprehend it. Nothing was ever more comprehensively predicted, and a practical enforcement of it would have liberated every slave in the State; yet mitigated slavery long continued to exist among us, in derogation of it. Rules of interpretation demand a strictly verbal construction of nothing but a penal statute; and a constitution is to be construed still more liberally than even a remedial one, because a convention legislating for masses, can do little more than mark an outline of fundamental principles, leaving the interior gyrations and details to be filled up by ordinary legislation. ‘Conventions intended to regulate the conduct of nations,’ said Chief Justice Tilghman, in the Farmers’ Bank versus Smith, 3 Sergt. and Rawl. 69, ‘are not to be construed like articles of agreement at the common law. It is of little importance to the public, whether a tract of land belongs to A or B. In deciding these titles, strict rules of construction may be adhered to; and it is best that they should be adhered to, though sometimes at the expense of justice. But where multitudes are to be affected by the construction of an amendment, great regard is to be paid to the spirit and intention.’ What better key to these, than the tone of antecedent legislation discoverable in the application of the disputed terms.
“But in addition to interpretation from usage, this antecedent legislation furnishes other proofs that no coloured race was party to our social compact. As was justly remarked by President Fox, in the matter of the late contested election, our ancestors settled the province as a community of white men, and the blacks were introduced into it as a race of slaves, whence an unconquerable prejudice of caste, which has come down to our day, insomuch that a suspicion of taint still has the unjust effect of sinking the subject of it below the common level. Consistently with this prejudice, is it to be credited that parity of rank would be allowed to such a race? Let the question be answered by the statute of 1726, which denominated it an idle and a slothful people; which directed the magistrates to bind out free negroes for laziness or vagrancy; which forbade them to harbour Indian or mulatto slaves, on pain of punishment by fine, or to deal with negro slaves, on pain of stripes; which annexed to the interdict of marriage with a white, the penalty of reduction to slavery; which punished them for tippling with stripes, and even a white person with servitude for intermarriage with a negro. If freemen, in a political sense, were subjects of these cruel and degrading oppressions, what must have been the lot of their brethren in bondage? It is also true, that degrading conditions were sometimes assigned to white men, but never as members of a caste. Insolvent debtors, to indicate the worst of them, are compelled to make satisfaction by servitude; but that was borrowed from a kindred, and still less rational, principle of the common law. This act of 1726, however, remained in force, till it was repealed by the Emancipating Act of 1789; and it is irrational to believe, that the progress of liberal sentiments was so rapid in the next ten years,—as to produce a determination in the convention of 1790 to raise this depressed race to the level of the white one. If such were its purpose, it is strange that the word chosen to effect it should have been the very one chosen by the convention of 1776 to designate a white elector. ‘Every freeman,’ it is said, (chap. 2, sect. 6,) ‘of the full age of twenty-one years, having resided in this State for the space of one whole year before the day of election, and paid taxes during that time, shall enjoy the rights of an elector.’ Now, if the word freeman were not potent enough to admit a free negro to suffrage under the first constitution, it is difficult to discern a degree of magic in the intervening plan of emancipation sufficient to give it potency, in the apprehension of the convention, under the second.
“The only thing in the history of the convention which casts a doubt upon the intent, is the fact, that the word white was prefixed to the word freeman in the report of the committee, and subsequently struck out—probably because it was thought superfluous, or still more probably, because it was feared that respectable men of dark complexion would often be insulted at the polls, by objections to their colour. I have heard it said, that Mr Gallatin sustained his motion to strike out on the latter ground. Whatever the motive, the disseverence is insufficient to wrap the interpretation of a word of such settled and determinate meaning as the one which remained. A legislative body speaks to the judiciary, only through its final act, and expresses its will in the words of it; and though their meaning may be influenced by the sense in which they have usually been applied to extrinsic matters, we cannot receive an explanation of them from what has been moved or said in debate. The place of a judge is his forum—not the legislative hall. Were he even disposed to pry into the motives of the members, it would be impossible for him to ascertain them; and, in attempting to discover the ground on which the conclusion was obtained, it is not probable that a member of the majority could indicate any that was common to all; previous prepositions are merged in the act of consummation, and the interpreter of it must look to that alone.
“I have thought it fair to treat the question as it stands affected by our own municipal regulations, without illustration from those of other States, where the condition of the race has been still less favoured. Yet it is proper to say, that the second section of the fourth article of the Federal Constitution presents an obstacle to the political freedom of the negro, which seems to be insuperable. It is to be remembered that citizenship, as well as freedom, is a constitutional qualification; and how it could be conferred, so as to overbear the laws, imposing countless disabilities on him in other States, is a problem of difficult solution. In this aspect, the question becomes one, not of intention, but of power; so doubtful, as to forbid the exercise of it. Every man must lament the necessity of the disabilities; but slavery is to be dealt with by those whose existence depends on the skill with which it is treated. Considerations of mere humanity, however, belong to a class with which, as judges, we have nothing to do; and, interpreting the constitution in the spirit of our own institutions, we are bound to pronounce that men of colour are destitute of title to the elective franchise: their blood, however, may become so diluted in successive descent, as to lose its distinctive character; and then both policy and justice require that previous disabilities should cease. By the amended constitution of North Carolina, no free negro, mulatto, or free person of mixed blood, descended from negro ancestors to the fourth generation inclusive, though one ancestor of each generation may have been a white person, shall vote for the legislature. I regret to say, no similar regulation, for practical purposes, has been attempted here; in consequence of which, every case of disputed colour must be determined by no particular rule, but by the discretion of the judges; and thus a great constitutional right, even under the proposed amendments of the constitution, will be left the sport of caprice. In conclusion, we are of opinion the court erred in directing that the plaintiff could have his action against the defendant for the rejection of his vote. Judgment reversed.”
It will be observed by those who have had patience to read through so long a legal document, that reference is made to the unjust prejudice against any taint of the African blood. There is an existing proof of the truth of this remark, in the case of one of the most distinguished members of the House of Representatives. This gentleman has some children who are not of pure blood; but, to his honour, he has done his duty by them, he has educated them, and received them into his house as his acknowledged daughters. What is the consequence? Why, it is considered that by so doing he has outraged society; and whenever they want to raise a cry against him, this is the charge, and very injurious it is to his popularity,—“that he has done his duty as a father and a Christian.”
