and lawfully be reduced to slavery for his benefit…."[1]
This obiter dictum was disputed by equally learned justices. Justice McLean said in his opinion:
"Our independence was a great epoch in the history of freedom; and while I admit the Government was not made especially for the colored race, yet many of them were citizens of the New England States, and exercised the rights of suffrage when the Constitution was adopted; and it was not doubted by any intelligent person that its tendencies would greatly ameliorate their condition.[2]
Justice Curtis also said:
"It has been often asserted, that the Constitution was made exclusively by and for the white race. It has already been shown that in five of the thirteen original States, colored persons then possessed the elective franchise and were among those by whom the Constitution was ordained and established. If so, it is not true, in point of fact, that the Constitution was made exclusively by the white race. And that it was made exclusively for the white race is, in my opinion, not only an assumption not warranted by anything in the Con-
