Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-22
9allg Onion 5mtritau
FREE NEGROES.
SPEECH OF
JORDAN STOKES.
On the HIlI for the Expulsion from the
state OF Free Persons of Color.
Ia. = 90 71en


In SENATE, FEBRgAEY &c, 1860
Mr.. SPEAKER 81 had concluded not to trespass
on the time Of the Senate with any remarks
Of minei but tbs Of argument INDUCED in by
honorable Senators this Jnorning has changed ny
deierminsuon deeply regret shat this eXtraordi-
nary measure has been forced into our deliberations
by the action Of the other House. ! DO not regret
1t en- account Of anything personal to myself. l
have political aspirations to foster and promote
by my course on this or any other subject Ii has
been said that the people demand the passage Of
this bill and that their net dispeasure viii fell Ga
the authors Of its defeat. have not permitted my
self, in my investigations, to lock the right
tue left 10 ind out the soft places or the hard
places in the popular sentiment l have endeavor-
ed honestly and faithfully 10 Danish oil selfish ENDS
and views and to follow light Of truth and justice
wherever it may lead me- and l an willing to abide
the judgment Of upright aud intelligent people
when they shall have heard the reasons for my
course.
It is conceded, Sir, on all sides, that few subjects
Of greater interest or moment could Slain The aten
ton If this body. We have had free persons of
color in our midst since the Territory Of Ten
nessee was detached from North Carolina They
came along with the pioneers who cut the cane and
cleared up the first settlements; they were arm 10
with that band Ofhardy settlers who drove back
the Indian tribes and prepared wilderness for the
arts and comforts Of civilized life they have been
blessings Of our civil and religious institutions
How natural it is that proposition now to expel
them from the State should awaken deep concern
Il would have received in the early days Of our his
tory En indignant rebuke. What new discovery
hiss made it necessary or proper TO drive them
from the StateR Il is not pretended that there
is shy great State necessity for their expul-
sion. No Senator has had the hsfdihoOd to
place himself upon any such ground. They are
too few In number, too equally dispersed over
she State, aud too feeble In moral, mentil aud
physical power, to form even the nucleus CT con-
spracy or combination that could eudBnger dis
turb the safety peace Of our POLITICAL civil or go
Girl institutions. Senators would make Tennessee
laughing stock among her sister States, il they
were 70 rest their supper; Of this measure upon such
grounds.
But, Sir, We are told that free negroes are de-
graded and vicious; that they are indolent, UNI
thrifty aud immoral; that they cOu:aminate our
slaves, aud snnOy every community with their
theVish habits and evil practices; IN word, that
they are, as a class, q public nuisance curse TO
the white and black population. II may be true
that this gloomy picture does not in the main too
deeply color their moral and social condition; bat
all will admit that there are many among them who
are Industrious religious and orderly, pursuing up
right avocstions for an honest livelihood DO gen
Llemen expect TO Justify the expulsion Of
these persons in this way? They cannot do It, Sir.
VIII they maintain that the evil habits AID crimes
Of any individual members involve justly the whole
class in equal criminahtyy Can they lind IN any
system OF Just laws warrant for visiting the crimes
OF the wicked upon the heads Of the innocent! No
such odious principle can be found in the laws of
enlightened and well-regulsted governments; if it
can be found anywhere the face Of thu earth, II
will be where the whim Of the despot is the law to
his Subjects.
have stated, Sir, that this was an extraordinary
measure How it found its way from a sister State
into the halls of this Legislature, it is Eot my pur-
pose to inquire It is here without eTal change,
and we must deal with IL its own merits or de-
merits. lie paramount object is the expulsion
from the State Of all free perzous Of cOlnr--men,
women and children under fOrty -hVe Yeas of age.
II allows them until The first day Of the next year
to hunt new homes and TO get away; aud all found
here after that day 70 be aSen into custody and
transported TO Liberia. The Senator frol Shelby
Mr. Payne and the Senator FROM Hamilton Mr..
MINIS have boldly asserted that the Legislature
has power under the Constitution 10 eLpel them,
and that it is expedient and proper 10 do 80 At
this time. / take issue with those Senators
on both propositions / deny that We have
the constitutional power, or that il ID exPedi
ent or proper. l will discuss these questions
calmly and fairy. We should letreas0n and judg-
rIent not passion prejudice, control our cOuclu-
sons Whom Queen Elizabeth directed Lord C0Ee
TO prosecute not for Her Majesty, the Queen, but
for Her Majesty, Truth she uttered q noble and
generous sentiment, worthy to be followed by this
investigation.
ton OF constitutional law. / admit that the Legs-
lature enact any law within the scope Of State
legislation not prohibited by the Constitution, and
that it deyoves the opposers Of this measure 10
show some constitutional prohibition. might we'll
argue that there are exceptions this general prin
ciple, founded chiefly in the nature and objects Of
government It is said that parliament is Omnipo-
tent IN England, yet statutes grossly repuGnRnt 10
reason and public morals, are heid TO be void al
though enacted by this OmniPOtent Parliament.
distinguished Judge Of our Supreme Court, IN
well considered opinion, this language: IL
does not follow therefore, because there may be
restriction in tne Constitution prohibiting par
ucuar act Of the Legislature, that sucn act is
therefore constitutional" But l do not intend TO
rely upon any such exceptions or distinction.
will meet the question on the broad admission just
made The principles embodied IN the Declaration
of Rights are 50 many restrictions the powers
Of the Legislature: they are expressly declared to
be q part of the Constitution and that doubt
might arise 10 their invOabIty, they are except
ed out Of the general powers Of legislation. Judge
Hills Of the Court Of Appeals Of Kentucky, IN
commenting on the Bill Of Rights and the powers
Of the Legislature and other departments OF Gov
eminent, says: The powers which they are there
ia forbidden to exercise, they do not possess and
cannot exercise over any man CT c.ass Of men, be
they aliens, free persons OF color, or citizens.
4 free people cannot too highly estimate these
wholesome safeguards; they cannot Construe them
too LIBERAL against the demands Of the Legislature;
nor canthey too promptly resist attacks upon tEem,
come from whatever quarter they may. Arc Tree
persons Of color embraced in these restrictions.
Are they known in any guaranty Of the Conltltu.
ton Have they no rights or privileges that the
Legislature cannot take away or impair! Have
we, Sir race of freemen living in every community,
whose lives, liberties and property depend alone
for their preservation on the wisdom or caprice Of
each General Assembly? The trainers Of our Cons
titution could not have intended TO leave these
persons so dependent and unprotected, and It will
abuudauty appear from various provisions oil that
instrument that they have not so left them.
Mr.. Speaker: the Constitution, by the first section
Of the fourth article declares that cell free men OF
color shall be exempt from military duty IN time
of peace, and also from paying free poll tax"
Several important deductions may be logically
drawn from this simple declaration. Free persons
Of color are recognized by this clause as class Of
"free men, rightfully aud lawfully residing IL the
State without limitation to the duration on con-
unuauce Of that residence These persons are pos
iuvely protected from the passage Of any law re-
curing the 10 muster in Tine OF peace OF ID Psy
free poll tax. How long are they exempted from
mastering and paying poll tax! just as long as
they are lawful residents of the State. How long
are they entitled TO reside here The Constitution
prvscribcs no limit nor does it empower any de-
partmeut Of government 20 fix the time. VIII
gentlemen tell US how these persons can be eApeN-
ed without violating the spirit and true meaning of
this clauseg Can the Legislature terminate this
right OF reSluenCe anu MAKE lutlI presence mere
afterwards a crime, Punishable with expulsion from
the State That would be exercising power
nowhere conferred and declaring act TO be Grim
iual which the Constitution prouOunces right and
lawful. Il would involve necessarily double
violation Of the same instrument Why, SIR, We
cannot make them muster in time Of peace, yet We
can collect them Together in gangs sad drive them
from the country Of their birth, peace or no peace.
We cannot force them to pay a cent on the head Is
a poll tax, yet We can compel them 90 sell their
homes, abandon the graves Of their kindred aud
nav their own way across the ocean % Liberia.
we cannot be SO iuseusib.e 10 and argument
a. TO believe that the trainers Of tue Consultation
WolId have protected them in the most positive
terms from being forced 60 muster and pay poll
tax vet resign ther lives, their liberties and their
property to the mercy Of the Legislature, without
Tpstriesiou OF limitation. Such are the ridiculous
absurdities to which gentlemen are driven, who
undertake tomantsin the constitutional right OF he
Legislature to expel free persons OF color.
/ desire. Sir, 10 call the attention Of the Senate
20 the eighth section Of the Declaration OF Rights
Il declares 'that no freeman shall be taken or I'M
prisoped. or dsseized Of his freehold, liberties or
privileges. or outlawed or eEed, or IN any manner
DESTROYED. or deprived Of his life, liberty or prop