Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-22

hin on TO tolls and labors ;aud after the strug
gle enGed, the people. the Legislature and the
Courts confirmed the just Interpretation and award
ed to him The great right Of suffrage for sixty long
years.
1. would violate The principles Of sound reason
ing to hold that freemen Of color we're entitled
under the 9TH and sth sections Of the Constitution
to the highest political blessing Of free govern
nlent, Jet deny them blessings Of inferior grade
and dignity, secured in the Declaration Of Rights: |
The CourtF CT North Carolina have met snd retuted
the ridiculous absurdity that they were entitled to
vote under the term t.freemen" but we're not seeur
ed in life, liberty and property BY such sessions IN
the Declaration of Rights as the one now under
consideration Ia The case Of the State Us. Man
uel free person Of color, reported in the LIST Bat
De-. Rep, 20, Judge Castor after reviewing
the rights Of these persons under various sections,
capcludss by saying: ave understand all the
sections which interdict outages upon the person,
liberty and property Of free man, as securing to
that extent for all amongst US who are persons en-
titled to liberty, and permitted the enjoyment Of
properly. They are so many safeguards against
the vioietion OF civil rights and operate fer the
advantage Of sll By whom these rights may be
lawfully possessed"
Such, Sir, was the we'll defined and well under
stood construction Of the term "freemen" il our
mother State, under her old Constitution. The
people Of Tennessee called Convention and fran
ed Constitution in the year 1896, and were soon
all respects bearing upon the civil and political
rights Of free persons Of color, it was exact
copy Of the fret Constitution Of North Carolina.
The members Of the Convention had seen and un-
derste0d its workings while they we're citizens Of
the mother State; they knew perfectly well what
construction had been placed on the term 'ireemen'
in the sections where it occurs, and they no doubt
intended that it should have a significance equally
broad and comprehensive wherever they used IT.
It's a speaking fact, that when MIR. Henderson
moved an amendment, the effect Of which would be
to coune the elective franchise to citizsns Of the
State" and "persOns who had done duty in the
militia" the Convention voted it down, and pur-
posely left the right Of suffrage as broad as ''al
freemen of the age Of twenty one years and up
wards" Il is, Sir, within the memory Of persons
still living that free of color we're permitted
TO vote in all popular elections aud to keep and
bear arms in tbeir common defence, from the al
mission Of the State into the Union down TO the
adoption of our present Constitution Judge Cat
ron in the case Of Fisher vs.. Dabbs Yer. Rep. l26,
correctly describes the political condition Of these
persons under the old Constitution. Ia speaking
Of the gift Of freedom and the effects Of the States
assent, he says; at is adopting into the body
polidc a new member vastly important measure
in every community, and especially in ours where
the majority OF freemeu over tRenty-one years Of
age govern the balance Of the people, together
with themselves; when the free negro's vote at the
polls, it IS Of as high value that Of any man
= It is an act Of sovereignty, just as
much as nsturalizing the foreign subject. The
highest act Of sovereignty a government can par
form is 10 adopt new member with all the prVll-
eyes and duties Of citizenship"
We see, Mr.. Speaker, that, when the Convection
assembled in this city Ia the year 1884, to reVse
and amend" the old Constitution, the two States
the Mother and the Daughter, had uniformly he'd
the one for the sixty, and the other for thirty
ei ght years. that 'freemen," in their organic law,
-
white and black. Whatever may have been the
defects and bemishes in the Old structure it is
manifest that il 10 the groundwork Of tae
new fabric l hold il, Sir, to be undeniaby true
as a rule of common sense well as Of legal
sanction, that the whole machinery OF government
that the civil and political rights Of Individuals
aud classes remain the same, except 20 far as the
Convention may have changed or modified them;
aad that words and phrass which had definite and
knoWa meanings under the old, carry the same
meanings with them into the new Constitution.
Such rules have bcea often applied in constituting
ansndalory Statutes, and they are equally appIi-
cable TO the Interpretation OF Constitutions.
What changes or notifications we're made; and
DO they effect the right Of freemen Of color aader
the sth section Of the Declaration Of Rights!
have carefully compared the two constitutions,
and have not been able to find more than four
change, bearing upon this class Of persons
They are deprived Of two privileges or lmmuniues,
it is highly probable that the members OF the
Convention had in their minds some idea f com
pensGtion when these changes were made. Whilst
these persons are pr0hi5iigd IrOm keeping and
bearing arms for their common defence, they can
not Re forced te perform military duty IN time Of
peace; whilst they not allowed to exercise the
great privilege Of voting, they are in the same
section relieved from paying free poll tax. So
far from these chances having the effect TO destroy
impair any civil rigdts they serve to forify and
strengthen my construction OF the section under
discussion
It will be seen, Sir on examination Of the pro
osediugs that the Convention considered and
amended the Declaration Of Rights in committee Of
the whole. Each section, as 1t stood in the old
Constitution and as it is in the one; read
and agreed TO without amendment until the COM
mittee came to the ooh section, when this
read as follows; ''that the freemen Of this State
have right to keep and bear arms for their common
defence" Mr.. John A. Mckinney moved this
amendment in lieu: THAT the free white NEE
alone Of this State shall be permitted - bear arms
for their common defence" and 1t was adopted
Why, Sir, was this section in lieu adopted, If
"ffeemen" did not in the opinion of members OF
the Constitution include free persons Of color!
Why substitute "free while men alone" in the
place of freemen, if they did not think that free
negroes would be embraced il the one and not in
the other expression? While he amendments the
specification of the one class IL is also exclu-
sion Of the other; and view It in whatever light
you may, it is refutatiOn Of the restricted con-
structiou Of the term "freemen"
But sir the action Of the Convention on the sub
ject Of free negro suffrage is perhaps point.
Various propositions we're offered early in the ses-
sion. Mr.. Leadbetter proposed that the right Of
suffrage be taken from free persons Of color" Mr..
Green that it be limited TO every free white man Of
the age oftWCnty-Oue years and upwards" Mr. Car
ter that it be restricted 10 free white men over
49, fv-- v.n1r Of o~a VII 0f fhp
United States" and Mr.. Purdy proposed in lieu Of
Mr.. Carers proposition, TO give it to every free,
man Of color, possessing free hold or personal
property worth $500 " When these various amend
ments were considered, pretty fierce and extend
ed debate sprung up, TO whether the right Of suf-
frage should be taken from free persons Of color.
will read to the Sena'e two extracts taken from
the speeches Of Mr.. Allen ard Mr. Loving.
Mr.. AIeE said
81 am also against inserting the word white be-
fore the word frecmcn in this clause Of the Consti-
tuition, because It goes 10 exclude description Of
persons from the right Of voting, that has eEercis
ed it for .hiry-eght years under the present Con-
stitution without any evil having grown out Of it.
This will be the effect, unless clause is added
tending the privilege to mon Of color il certain
cases as provided for in some Of the amendments
on your table
Mr.. Loving said:
'.Who, sir, could indulge the thought of seeing
free person Of color Governor Of our State, mem
Der Of the Legislature and filling civil offices Of gov
ernmenl? Such. however coulG be be the cas-, for
anything in the Constitution 10 prohibit it, and al
though there is no probability Of such a thing at
present for time to come, vet il is not pro
hibitec by the Constitution aad such thing was
possible"
read these extracts to the Senate for the Pur-
pose of showing what the members Of The ConyeD-
ton understood to he the constitutional import OF
the term freeman" While IN committee Of the
whole. the draft of a new Constitution was agreed
upon and Afterwards reported TO the Convention
ior its action By the frs. section Of the third
ticle the right Of suffrage was given to every free
man of the age Of twenty-0ne years and upwards,
being % citizen Of the United States Mr.. Weakly
moved to amend by inserting the word, white,
after the word free" in the first line Of
the section, and it was determined in the
affirmative by q vote of SO ayes, 10 % noes Mr..
Stephenson moved further 10 amend the section by
adding thereto the following: provided tina, no
free man who is now d resident of this state, ami
who has heretofore exercised he right Of voting
shall hereafter &c deharred from that privilege"
and the amendment was rejected; ayes %, noes "a.
/ will not read the name Of the members voting on
these propositions for fe ar that some clever gentle
man, who has grown myCL Southern il seuii-
meut and feeling, THAI he doubts the sou1dness of
every body slse, may be found voting fer perpeinn-
ting free negro suffrage.
! mus not omit 20 give tie Senate another uieSe
hIgtorv rp1RsfiUU The yipwa 1F tho rnnrrhary Of