The examiner. [volume] (Louisville, Ky.) 1847-1849, 1849-05-05

IN every aspect Of the case -
/. have been panied TO hear several alh,sior,s a
D party IN The course OF this debate Ihrye alxgav
/ been identified with what is known AZ she W.;
a party; but never would, even in NV p.rtv dsvs
give up my opinions TO bel0ng 10 any party n M.
party chose TO believe winI me, well enough: but
would never sacrifice an opinion, 70 sgree viii
them. And would prefer now 10 give he DsTno
: cratic party power for two thousand years. rhar
let Tins question TAIL regard emancipation az th
great question Of this day. look upon slavery \,
wrong-as great evil, that is weighing down M,
country, and will sacrifice all bull honor, to ric
my country Oft.
Judge Nicholas explained. In his former "a
marks, be meant to say, that he hoped no eInan
cipationist would yield great principle even to
promote the cause Of emancipation.
Mr. breckenridge. That is precisely whatIl
rsH do. will vote for a man favorable 10 the
election Of Judges, if can secu.e aid 10 This
cause; 1 will go for eIecting Constables, Clerks,
&c, II can thereby promote emancipation. II
gNinguP political principles for this end, be DO
iIilcal dishonesty, meekly submit TO this inlpu.
But, Mr. President, regret this CONTROVERSY. |
nope we will unite, vote down all amendments,
and pass the resolutions reported BY the comil-
| Judge Nicholas said he would have been glad,
If Mr.. Breckinribge had thought IL proper 10
mention his objections 10 his Judge N''si rsso-
lutions, when thsy were submitted 10 him in
/
well enough not to propose any thing calcula-
ted to breed discord in this body. saw there
was notlikely 70 be perfect harmony upon the
Committees propagation, and at the earnest soli-
citation of several friends, drew up those
which presented, believing sincerely, they
would satisfy all parties.
Mr.. r. J. Breckenridge, explained, that Judge
N. had sabmitfed his resolutions TO him, and
without giving them critical examination, he
Dad said ne would offer no objection to them, If
they wereacceptable to, or preferred by the Con-
vention; but the argument upon them, had
placed them before his mind in light different
from that in which they appeared when FIRST
presented TO him.
Judge Nicholas.-Ido not rise to rsproach the
gentleman. He certainly had a right to with
draw his acquiescence, II the tenor Of the feso-
lutions was misunderstood. | do not question
the proPriety Of the genileman's course; but
rise more for the purpose Of explaining my own
agency in the matter. ] understand the rssolu- |
uons OF the committee to concede q vested right |
IN slaves. desired to avoid that concession. |
Some gentlemen make adistinction between a
vested right in a slave in fsse and a vested right
in slave not in esse. hold to no such doc
thine; believe the right Of the master is az per-
feet in the slave unborn, as il is in the slave after
birth.
Mr.. X. j. Breckinridge.-The resolutions Of
the committee, only declare they will not ask
for the emancipation Of slaves in esse, without
TO the owner.
Judge Nicholas.--I 90 for saying TO the negro |
hOlders-you shall hold your slave 50 long; but |
II majority Of the people Of Kentucky, on
given day, declare for emancipation, your slave,
il then within the jurisdiction Of this State, |
shall be free. No man has right to hold prop |
erty which is deemed hurlful or injurious TO
NJ n ha 4 h. Sfafa has
a right to take the slaves by paying a compen- |
sation for them, she has the right, when she |
has thus acquired them, TO take them beyond |
the State and dispose Of them. She has also |
the right TO require the master to take them be-
yond the State, where he may make such dis |
position Of them as to him shall seem best.
Here some words took place between Judge |
N. and Mr.. B. as to the language Of Mr.. b. in |
regard to the vested right Of master in slaves |
in esse-which being satisfactorily explained
Judge Nicholas proceeded 10 remark at some
length upon the resolutions offered by the COM
mittee. He feared there was great danger to be
apprehended from a constant agitation Of the
question. He had heard more than one gentle
man, who are now upon this floor, declare their
hostility to any scheme which should look to
continued agitation Of the question. The con-
test is peculiar one. We must be brought in |
collision with our neighbors. The constant
agitation Of emancipation must, TO a certain eX-
tent, render the slaves dissatisfied, and insubor-
nate and 10 that extent, detract from their val
ne. II the Convention should leave the ques-
ton open to constant sgitation, he should be |
constrained, from high sense OF duty 10 vote |
against IL. Indeed, he was inclined TO think
the Convention asked too much, when they
asked the country to leave the question open
to in no time when il should repOse from the
agitation Of what must be very exciting sublect.
Mr.. Ballinger moved the previous question.
Withdrawn. -.
Mr. T. NJ. Smith, moved to lay the Substitute
offered by Judge Nicholas, on the table, Car
ried.
Mr.. Holloway moved to insert the words Gin
or" In the I'd head Of Sd resolution-so that il
shall read, "2. The complete power in the
people Of Kentucky to enforce and perfect ia
or under the new Constitution, whenever they
desire it, system Of gradual prospective eman-
cipation Of slaves"
Mr.. w. l.. Breckinridge then called up the
resolution offered by him as a substitute for the
second resolution, and it was adopted.
Mr.. ]. G. Fee was opposed TO the compulsory
colonisation feature in the resolution.
The question being upon the first head of the
third resolution, II was adopted.
Mr.. Shy offered the following as a substitute
for the second head Of the third resolution:
"That, as the people Of Kentucky, under the
circumstances now existing, have complete
power over the subject of slavery, they ought
not to part with 1t, by any constitutional Pr2-I
vision, until they have matured and ado
some effectual plan for gradual prospective
emancipation and the removal Of the einanci-
pated slaves from the Commonwealth"
Mr. Robinson opposed the substitute. Il was lost.
Mr.. Shy offered the following ss a substitute
for the sece1I head Of the third resolution: :.
SaThe coz lete power in the people Of Ken
lucky to enforce aad perfect, in or under the
new Co1ettution, d system Of gradual pros
pective emancipation Of slaves" Adopted.
Mr.. w. NJ. D. Smith submitted a PROPOSE
ton, expressing II as the sense Of the Conven-
ton, that the clause for gradual emancipation,
If engrafted in the new Constitution, should be
submitted to the people, separate and distinct
| from all other questions.
After seine other discussion the proposition
was rejected.
Mr.. Bedinger, OF Bourbon, desired to have
| the first head Of the third resolution amended
as to exclude emigrants from the operation Of
the prohibition In said clause, but withdrew his
proposition at the earnest solicitation Of seve-
raj gentlemen.
The vote was then taken upon the resOlu-
tons, as amended, which read as follows:
1. Believing that Involuntary and hereditary
slavery, as IL exists by law in this State, Is in
furious to the prosperity Of the Commonwealth.
inconsistent with the fundamental principles Of
free government, contrary 10 the natural rights
Of mankind, and adverse TO a pure state Of
morals, we are Of opinion that il ought not TO
be increased, and IL ought not to be perpetated
In the Commonwealth. 1H
g. That any scheme Of emancipation ought
10 be prospective, operating exclusively upon
negroes born after the adoption Of the scheme,
and connected with colonization
3. That we recommend the following points
10 be insisted on In the new Constitution, and
that candidates be run In every county an the