Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-01-04
The Proposition to ExpeI Free Negroes
from tue state
HOUSE, OF REPRESENTATIVES, JAN. ?. 1850.

FRANKLIN.
The Proposition TO ExpeI Free Negroes
from tue state
HoUsE OF REPRESENTATIVES, JAN. 2. 1860
EDS. U,;IoS AND AMERIcAN:-The enclosed commu-
nication from NJ S. FEERsoy ESQ., you viii PLEASE
publish if you can spare the space Whilst do not
agree viii all Mr. F. has written, yet as the subject
matter Of his letter is just now engrossing public
attention, his known aud established character as
lawyer Of extensive research entitle his legal opin
ions to respect and consideration.
Respectfully. ". C WHTTTHOBNE.
We are able to give place IN our paper only to so
much of this communication as bears directly upon
the point in controversy. After having stated and
argued as distinct propositions that negroes
are property nv the laws of their creation and are
subject to all the Incidents which attach to other
property" Second that sc recognizing it, 1T was
enforced upon the people Of England long before
the American revolution7 Third that the Colonies,
before the revolution recognized them as property
without any p0siye laly and Fourth, that after the
revolution and before the adoption Of the Constitu-
ton they were still regarded property by the
States and Confederation, Mr.. FRlERsoN proceeds
to argue:
to which mankind owe obedience, negroes are re
garded as property, and never assume the position Of
persons, except by some poStUe tar. The rule Is,
negroes property and when held to be persons, Is
the exception.
Then as the legal status of negroes is thus estab
lished it cannot be changed to that Of person by
the viii of the owner. But as we have seen, it
must be by positive iGr. The master may release all
his right title claim and interest, which he has TO
his negro as prOpe to the slave himself, still this
DO, affa of lnu N
the negro from that Of property TO that Of person,
because no member OF society can introduce new
member into it. unless by the assent of all. or of
that body who is authorized TO give this assent for
the community. Then. how is this status to be
Changed2 LIST. the Legislature representing the
sovereignty Of the State may consent to the intro
0tctiOU of new member into the community, pro-
Uidsd always, that it is not Inconsistent with the
Constitution Of the State. or Of the United States
Tdiiel
End. The Legislature, acting as the sovereignty of
the State may annex to the emancipation or right
of freedom granted. such terms conditions and re
strctous as the interests o. the state may require;
and, il liberty IS accepted upon these terms. &c,
they constitute the contract between the State on the
one part, and the free negro the other. wish to
be understood giving no opinion as to whether a
free negro Is within the protection Of the consttu-
ton, as such. But, | do mean to hold that if the
State makes contract with free negro, she there
by recognizes the negrOs right to contract ard to be
the contract; the contract is valid. and cGtrGc
il is protected by the constitution Of the State, and
of the United States. The Legislature can pass no
law 10 impair this contract Then are, driven 4 {
to the contract, Is see what rights are secured,
AMI what pOlBerS reserved.
lst The contract of freedom to be valid under the
act Of 1891 must have been entered into BY nine or
two thirds Of the justices Of the county, and bond
given by the owners, that they would Te-emhurse
the county. such damages rs may be sustained in
r.4'., oh ella a
tie county. This Is the cOBtraC under this act Has
it been properly entered into? Have the tree ne
grOes and their former owners complied with It's
terms? If not. the Legislature may pass just such
laws are necessary TO have the coBrdc. declared
void. or 20 have it executed, and not impaired.
md. But those who claim their freedom under
the act cf 1881 and subsequent statutes, have made
a very different contract with the State. The over
had to give bond to remove them from the state,
and they consented that it sho4ld constitute one Of
the terms Of the judgment, granting to them their
freedom. Their status has thus been charged, from
thai Of property 10 that Of person upon the express
c0riralt that they should lsare the Sate. Fhis is the
contract and will any one dOub- for moment, the
power of the Legislature to pass any law, when II
may deem proper to eifectuate their removal from
the State or to punish them for dIsObedlence TO
such laws. and the violation of their contract ANY
law passed to2 this purpose would be strictly WIFI
IN the constitutional POloer OF the Legislature
LIST. We do not mean that the Legislature could
pass law declaring that the free negro acquired
no right under his contract with the state, that
would impair the contract and therefore would be
unconstitutional and y0ih.
2ad. | also deny the power Of the Legislature to
confer upon a free negro the right to sell hnseiI
into absolute sldUerU because a man IS bound to so
exercise his own rights not TO interfere with the
enjoyment Of the rights Of others consequently
when he sells himself into absolute SlFrdy ne Is
bound to execute the commands Of ms master
whether they interfere with the rights o. others or
not; therefore he has conferred on his master that
which alone can make SLAVERY absolute IL taxes
this TO make slq,c and as this is one Ut those IN
deuiablg rights which cs1RQt be parted Wlth II lol
lows that the Legislature cannot confer upon jSef
sr0 tie right To sell himself into GbsOifs SlGte?L
And the law has been so held in virginia. April
Qaarterly Lar journal l25, ct Sec kHtheFtorth
Inst
3d. But this being so. still the Legislature may re-
auire said free negroes to comply with their con-
tract TO leave the State and if they fail to do the
legislature may declare such failure felony, and
aHI-y a penalty sale into perpetual slavery,
This would be inflicted as punishment fora CRIME,
not simply power 70 sell one self INTO StdCer|
neither would il affect the children Qt the telOn.
Butt may be said that the State has subsequent
" released the free negroes from the penalty for
breach of their contract, and has also granted them
the prirlege Of remaining in the State and as
consequence Essulting theretrOm, cannot now en-
force the penalty OF withdFaW the Prirege and com
pel them to leqre the State without jEpqVIHg ueYa
rqitS. This presents two very Important qqestans.
LIST Can the Legislature who authorized t4e
courts 10 release free negroes from the pGdH6S I'M
posed uPg them for not iedCiRg the state according
To the terms and sipuat99s of their contract, now
enforce those penalties Fer the sake Of argument,
| admit that they cannot be legally enforced The
reasons viii readily suggest themselves IN every
LAWYER
hi. Can the legislature who have authorized the
County Court to grant free negroes the prC3eJe OF re-
naming here now withhold that privilege without
a violation of cesIal rghtsy And ] think there Is
nothing clearer. They have no CeSttd right to re-
main The Legislature as mere FORM and without
consideration, has given them this ptCaege nut II
cone red no right 1t merely operated as protec-
ton from the penalties of q violated law.
Cannot the Legisl2N4ue tgEeal tH6 law granting
the p-ir sle draw lotteries 20 se goods, y peg
die or To shave notes! Surely il can Because these
privileges amounted to mere exemption from the
penalties annexed certain statutes, and not as con
ferring rights upon the parties who may have avail
ed themselves of such privileges. No Que would
contend for a moment that such parties could com
mel a continuance OF the prirleyc. So in this case
the Legislature may repeal the law granting to free
ae7r1aS the prcieqe o. remaining here, which leaves
their cOgfrac to ledre the State in full force and un-
impaired. Consequently, the Legislature may enact
any Ia 81 necessary 10 accomplish the original object
of entering sup the Judgment Of removal from the
State Nei@s AZ. Hump, %.
3D. But aside from this, the 9Th sec. OF thc act Of
1872 expressly declares that this privilege SNAIL only
be continued Tor three years at which time ltmght
be TprDkal discontinued, ana thtn the applicants
shall lalrs the State within twenty days, and upon
failure they shall be subject to all the penalties of
the act of 1881 Therefore am well satisfied that
the free negroes Of this safe have 20 rested right to
remain here and that the Legislature has pieHGy
pol.er 10 compel obedience TO the Judgment OF
cmgDcipst0a recurring them TO ieIre the same In
exercising tits U5tler, tEe Legislature, so far from
imparing any rested right or violating AIRY contract
made with the free negro. is simply carrying Gla
effect the contract made by the parties and the Judg
ment of the court pronounced in pursuance to this
statpte Their remOru' from the State was the err
presS condition upon which the assent of the State
was given to their liberation and elevation to the dig
nitv of persons. Consequently, they have no right
to complain they accepted freedom upon the un,
5arstanding that they were to ledUe the State and
There is no reason why they should not be held TO
a rigid compEsucs with the terms Of their contract
and the law and that fog mcPe reasons than one
but one is enough, their example upon ogr 9abe3.
believe sldre7g to be right. OriGia6d Of GOD, and
-,,tI,ir,r thar tends 70 weaken IL should be pro-