Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-08

the DHlaattJH OF CutEaLt1 fAl-At AN1t eiaA7 pr
position upon the ground alone. that the free negro
has no rights under that section any more than IN
der those heretofore mentioned. That, Ike the
others, was made for the white man, and not for
the free Negro. No such man as free negro. and
such rights as free negro rights, to enjoy liberty
hold property or make contracts, are known OF
recognized under the constitution They are not
in the letter, nor were they Intended to be in the
spirit Of It when it was lqrmed and no such spirit
meaning or application can now be put upon or ~
jected into t. The mere fact that the Legislature
saw proper to grant, through the fundamentally Of
the courts. to certain slaves certain immunity from
slavery, called emancipation, limited privilege of
controlling their own actions, does not clothe that
grant, or that consent rather with the sanetity of
constitutional contract In such case there is only
one party whose right to make contract is reeog-
uzed by the constitution. All that the Legislature
does thus confer is a mere gratuity-a privilege,
special immunity, which may be revoked or annul-
ed at pleasure. The position is founded in good
reason and sound policy The normal condition Of
the African in America is slavery He is not known
or recognized as a freeman, or entitled to any
rights Of liberty or property, even by the Declara-
ton of Independence nor he so recognized under
any of the constitutions either State or Federal It
is en- the contrary, and especially in the southern
states Of this confederary against public policy and,
may say, good morals that he should be permitted
to live in a condition where he is without the re-
straint and control Of master. The several Legis-
latures however, do sometimes, and under restric-
tons, grant him that indulgence and immunity;
grant founded, maintain, neither in organic human
law. or the law Of God And it amounts only to
mere license to perform acts which are in general
held be against public policy for his race in their
proper condition, to do; bare permission to live
in a State in which his race as a general thing, is
not permitted to live. This license or permission
does rot arise to the dignity partake Of the ele
ments Of that innate, inalienable right which all
white men are said to pOssesss-the right of
liberty. It is not contract in the sense of a
constitution which was never made for the free
negro, and confers upon him no right to re.
main in that State any longer than the public
good of the superior and more favored class, the
class for whom constitutions were made, and by
whose courtesy he holds his freedom, may permit
To say that the free negros freedom is a vested
right, and that the act of emancipation under
which he obtains that freedom is contract in the
sense Of the Constitution which the Legislature can
not control or annul, is investing him at with
the attributes Of a freeman, indeed and Of a con
sstutional citizen And if it be held that he comes
within the puryiew of the 10th section of the LIST
article of the Constitution it is but one step. and
at short one to recognize his rights to the bene-
fits of the Sth and 21st sections, to one of which
at least, the Supreme Courts of Tennessee, and of
the United States have said he is not entitled. And
consider that he is entitled to the provisions Of the
one as much as, and no more than. the others.
may be ultra in this view but give it for whatever
it is worth.
There is one view which, think, our represen-
tatves should take of this matter before permit
ting themselves to succumb to the dictatOn of men OF
high character and in high places, but whose views
we plainly enough see are controlled by their feel
ilgs more than founded in good reason There is an
expounding tribunal, whose members act under the
solemn sanction of an OATH before which this bill will
no doubt come in the event of its passage. If be
in fact unconstitutional it viii be so declared will
never be executed, and injustice be thus prevented
While on the other hand, if the Supreme Court
should as l have no doubt they viii, hold it to be
constitutional we have, then, the very thing we
want and need. No time is lost, and we Will al
once get clear of this unconscionable nuisance The
legislator not altogether satisfied in his mind
as to the constitutional question, will here find am
pie and very proper ground upon which to rest his
vote. Ihope, and the country hopes, the bill may
pass.