Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-07


Of iihe United States. The constitution Of II
Uaited States SAWS: "The citizens of each Stat
shall be entitled TO all the privileges and hmm
mites Of citizens Of the several Ststes,' Their
fore foreigners by naturalization can have Il
same privileges as Tennesseeans, while the neg
can never re naturalized under the constitution
Aliens are generally of as high order of the hums
} race as TennesseeaGs, and have the came uherel
right and capacity of self government. Alien
not being part of the sovereign people, by an
, forWhom the government was instituted eonseauen
ly, when they bscoms injurious, may he expelled
If the public good should demand it, the Legisla
ture has right TO pass law prohibiting emgTa
ton of aliens 10 this State, aud expel thel
after their arrival II was one of the cardina
principles of psriy that existed in the Unite
States that we had the right TO prohibit emigratio
and should exercise il; and believe it was conced
ed by the leaders Of that party, that this right be
longs TO the States. IL alleged one Of the Ii All
objections 10 the alien law of 1898, which was FOL
the expulsion Of foreigners, that it usurT Al io
of the rights of the States; however, if the power
prohibition Of emigration Is denied to the States
can quOteauhoTity. II foreigners prove deleteriou
State it s her bOunden duty to prohibit emjgra
tonsnd expel those that alrssdy 10 her midst 1
Is ore OF the reserved poveTs of the State body
polite to determine shall be its population anC
residents and what character of persons it viii
grant privileges aud what class it will deny Tn,
police power would be Dugarory if a State could moi
refuse to be the receptacle of idlers, Vagabonds
murderers, or any other class she did not desire
We have now examined the higher class Of aliens
those that msy become citizens, and by Judicial de
cision find that the State has right TO prevent
their coming within her limits. | contend, the
right to prohibit carries with it the right to expe
That being true, will we place the white lower,
in the ecSle CT political rights, and say we can ex-
pei the foreigner and not the negro? That position
would better become Greeley & Co. than Themes
scans Indians another class of subjects, those
that are within State. It was declared in the
case o. the State Ross, that they we're not eit-
zsns although the sborigipes of the country. They
are conquered ard subdued race of people, and
have never been Incorporated into our society
rheir9 has been sad fate, over which the philan-
thropist has wept most eloquently; but the ques-
ton is with the past, and will enter into dis
cussion with the mOralist to justify the Pilgrim
Fathers who landed at Plymoth Rock, and pre-
claimed life, liberty; and Immortality; for it would
be supererrogaion to show by the light Of REVEAL
ton and the law of nations that they were rot
usurpeTs. The Indians we're barbarisns and Of sn
inferior race, and our fathers claimed the soil by
discovery, therefore, disPossessed the Indian and
expelled him. And having never been declared
equal to the white man, when they have become
injurious, they have been expelled. The State of
Tennessee extendediis laws within the limits
the Cherokee nation, and brought them in suhjec-
tion TO it, aud punished them for crime which che
had right to do as was decided in the case of the
State Foreman. 1t is sufficient for my purpose
that they not citizens but have been expelled
from the States, having no vested rights.
Lastly, come to examine the political status
Of the negro and his vested rights under the Con-
stuion a1d laws of the State. The free negro
not being Citizen has no political rights under the
Constitution, aud his liberty is held by the will of
the Legislature, and the same power that allows
and toerates it can, at will, withdraw their con
sent 10 it.
We now have law on our statute books prohibit
ing the emigration of free negroes to this State,
which has beer declared constitutional by the Su-
preme Court, thereby, giving TO the States the pow
of prohibition. Justice Grier in giving his Opin-
ion in the passenger cases, speaking of the power
exclude free negroes, says This right Of the States
has its foundation in the sound law of self-deence
which no pawer granted to Congress can restrain
or annul" think, on the principles of common
sense, if the State has right to prohibit, it has
right to expe. If Tennessee has q right to prohi-
bit them from coming, she has right to e1pel hem
now they are here. The power to prohibit was
given to prevent the safety of the citizens from
being endangered. When a power is given t.
do particular thing, all means are given TO carry
it into effect. If Tennessee has the power to lay
taxes 10 defIay State expenses, the means Of en-
forcing it ia also granted else the power nu-
gatory. But have q decision in Teint as regards
the power 10 expel and prohibit. Chief Justice
fancy, in his opinion in the Passenger case holds
as follows: "Indeed, in the case of Groves vs.
Slaughter, the Mississippi Constitution prObibits
the entry of the objectionable persons and the
opinions of the court, throughout t=est the exer-
else of the power being the came with that Of
c 1pelling them after they have entered" In an
other part of his opinion he says:
al mink it. therefore, to be YER clear both uDon
principle and the authority of sdjudged cases. tiat
the several States have right TO remove from
among ihsir people, a0d to prevent from entering
the State, any person, or class or description of
persons whom it may deem dangerous to the inter-
ests and welfare Of It's citizens" HoWsr1's Rep
page 1861.
Having showed the power to expel, to be conclu
sive, we viii next examine the authority of the
State to enslave. Ia he Constitution of Maryland
there is clause that reads as follows: "The Leg
islsture shall pass Laws for the government regu-
lstiou AID disposition of the free coored popdla-
ton " Under this clause the Legislature can en-
slave, Danish, exile them at it's pleasure Ten
nessee is as much Of a sovereignty as Maryland,
and has their power. 10 the same State there is a
law euslavng the negro for crimes; and this bill is
penal in its character, for it provides that if free
negro is found here after certain day, the penalty
shall be enslayement. We have the same right to
enslave them for viostOOs Of Law, that we have to
send man to the Penitentiary for larceny.
AS regards their property, the bill says nothing.
get away themselves But the State could confs-
cate their properly, which, however, it does not de-
sire 20 do. 1t is said they have vested rights in
their property. | admit THE and that the Goth
section of the bill of Rights says: That retro
spectise Law, or law imp4iring the sbrogation Of
shall be made" It is clear TO my mind
that the negro was no party to the Constitution,
and has no political rights or rights Of property
under it, therefore law diVesting their property
would not be against the bill of Rights; for if the
Constitution applies them at ALL if it gives pro-
tection to any Of their rights it protects all their
ghs, and thereby makes them citiZens. If it pro-
tecs their property, it protects their liberty, but
their freedom is boon from the legislature, gra-
tuitous Gift, aud the same power that gave it can
take it away, Their property is held by no higher
tenure than their Hberty-sbrogste the common law,
and repeal the statute law, sud they are no longer
free-sbrogste the law, and repeal the stat
ute law allowing them to hold property, and their
property divests
The white man has vested rights of liberty and
pro oerty from higher authority, the Constitution
which the Legislature cannot sbrogste or repeal.
presume if the negro is enslsved, aud has proper
ty it will go to the next of kim under the statutes
of distribution, or eschest, if there was no owner.
have said enough upon the coustitutionalitv Of
such law, and come now to ask, is it demanded by
the public good? An inquiry into the condition Of
the country will satisfy us as to the expedency CT
such a measure. How many free negroes are in
the State? Comparatively few, to the number in
other States In Maryland there we're $4,000 ac-
cordiug to the last census. There we're e,422 in
1850, and the increase from 1910 to 1850 was sig
teen and quarter per cent which it adopted as
the ratio of increase from 1850 to 1860 will snow
an increase of 043, making 465 now in the State
Arkansas, Missouri and Louisiana have passed laws
similar to the one under consideration and is fair
to presume that some have come within our limits
since their passage. l an informed slch is the
fact. know Of some in my county that are there
contrary to law. There was in 1850 one free negro
to III whites, and one free negro to every % M
tves. In 1850 the total slave population was 800
459 which makes one free negro to every 81 slaves
The majority Of them are idlers aud do not work
for an honest support, but live by pilfsri9g the
farm yards of their neghbors. Some make their
living honestly, and such a law w.uii sem t. op-
erale hard upon them, but 1t Is bet er tlar b y
should suffer this hs dshIp than for he pubic 10
suffer the inconvenience of their presence Toe
majority of free groes Of he working class are
those VINO have been born in slavery, aud having ae-
CURED industrious 4bils, coEtinGe in hem: and a
majority Of those born free, liSe 10 idleuess The
State OF Tennessee is agricultural State and
needs labor from every class who occupy part of
the so but the greater portion of free negroes do
not till the soil, but live in towns waiting TO
serve the lawyer or doctor by the hour or lob The
proportion of crime ameng them is greater than
among the slaves or whites. What are the advsn-