Jefferson’s idealistic preamble passage regarding “all men are created equal” has been problemmatic though most agree that creation is where the equality ends — subsequent political equality is established by men. Regarding the status of blacks at the time of the Constitution being ratifed, Chief Justice Taney found in his Dred Scott decision that Africans were indeed persons but not included in “the political people” of the United States and without standing as citizens. New York’s 1821 suffrage requirement for blacks mentioned below is considered by many to be the origin of “Jim Crow Laws.”
Bernhard Thuersam, www.circa1865.org
Jefferson’s Debatable Equality
“In one matter [of antebellum views of democracy] there was a definite reactionary movement. This was the issue of free Negro suffrage. Virginia and North Carolina joined Maryland and Kentucky in taking from the free Negro the ballot he had theretofore possessed. In like manner, all new States of the period, North as well as South, denied suffrage to free Negroes.
The action of the old Southern States was paralleled by that of the Northern States. Delaware, Connecticut, New Jersey and Pennsylvania took the ballot from the Negro. And New York in 1821 limited Negro suffrage by requiring that he possess a freehold valued at two hundred and fifty dollars over and above all indebtedness. Hence only five of the Northern States granted equal suffrage to Negroes.
Whether or not Jefferson, Mason, and other Revolutionary proponents of natural rights philosophy intended to include Negroes in the statement “all men are created equal and endowed with certain inalienable rights” is a debatable question, but in actual practice the American people had decided by their constitutional provisions that Negroes were not included in the political people. From the very day of the Declaration of Independence the race problem had caused the American people to make an exception to the doctrine that “all men are created equal.”
(Fletcher M. Green, Democracy in the Old South, paper written for the 1945 Southern Historical Association presidential address. The Pursuit of Southern History, George Brown Tindall, editor, LSU Press, 1964, pp. 186-187)