Nashville patriot. [volume] (Nashville, Tenn.) 1858-1860, 1860-01-02

!
the STATE and the person taking the benefit OF
| it, the Constitution interposes and says you
shall pass 10 retrospective law OF q law viz
| ls.jiag or impaiiing the obligation Of coll
/ tract. l. will be observed ct a glance that
/ TO lass a law liking from free negroes rights
! acquired uLdsv former law would BE- in
violation OF these clauses of the COustitE ion.
Now it VIII not be disputed that the Leg
i-Iature can r~Peal all acts mannmi,,ing
slaves ard pass laws prohibiting free M groes
/ from coming iuio the State. but alter they
have been Iuauumitt,d in accoriauce with
/ oar laws. tHcy acquire certain vested rights
{ that subsequent legislation cannot dj>taTuc.
| but 10 make yur>elf n.tter undrrsto"t. We
/ will illustrate The legislature Of 1872
! PASSED wat l. generally called the free !.lnE
/ law. AMI the Legislature of 1878 repealed
that act bu, il did not, nor could not. T. peal
/ or abolish the charters that were acquired
/ under that act : and why? Because She tree
! banks had acquired vested tights u@dcr that
/ law. and he Constitution protects them; it
: was Contract between them and tie STATE,
/ and could not be impaired: Just So, then.
+ with free negroes. The Legislature passed
{ al act under which they were emanciPa ed
/ the Lcgisla ure can repeal that act. hut IT
/ Cannot take from the free negroes tn" rights
J they acquired under II because the lay by
which they were emancipated Was cpnirac;
/ between the State and them. and the La.,is-
{ i:ttuT" has r. power 10 pass Il law importing
/ tie obligation Of The contract, or OF a retro
/ speclivc operation.
! The manumitting act gave them as part Of
/ tlos- vested rights, their freedom ana the
( ri.I.t 10 1--we in Tennessee. It is true tn" act
does not -ay x!r, sSly that they my remain
/ in Tennessee. bar it does not tell them that
! they shall leave the State OF go into slavery.
! If the act HAD required them 10 leave. they
would have been bound. if they took the
benefits Of it. TO have left the State. but
the act under which they obtained their 'rno
dom did not qaire them to leave the State,
the Legislature cannot now force thrrn TO
leave. for that would be retrospective lcgisla-
ton.
But we have said that those free negroes
who came to the State since the passage Of
the act OF ISL, have no vested rights. b.
cause that act forbade them t. come into this
State hut while that is 80. the Legislature
cauuot even pass law requiring them to
leave the STATE or 90 int, slavery. You caa
only infiict the penalties Of the law they vin-
lated in coming into the State (the ACT of
IsSI}. and that Law has no such provision OF,
penalty. The law could only oPerat" on
such as III: CHS come into the STATE after its
passage.
But it Is said and truly too. that free Ne
groeS cannot be citizens. and, Therefore. ta@y
can have no vested rights. The error con
-i-rs in th.s. tn Y have political rights, but
thew Lave natural rights. such as life, liberty.
AID wsiicI t.. Constitution recognizes ia
them not IS q. Ems. but as persons. Ex,cg!F
the same rights iii this respect are vested In
free negroes that are vested in aliens wlIo hay.
not acquired citizenship in any OF the States.
and :lcnce have IA. political rights. Tn only
difference being that the alien can obtain
poliiica. rights OF the rights Of citizenship,
and the f-ee ue.sgo cannor; at while in i
state o. alisa1ce. their natural ri -hts are the
SANE and hence if you could sell free me-
gro into slavery. YOU cOulU sell BY the sam.
power an Eu-!isImau OF u FreuchmIn. who
mi lit land lis bark in Tennessee. Who
could entertain So Wild an ab-urdily as his:
W might remark in This connection that tn"
L.-isil;urc has she same ptwer t. prevent
a.ie.a. who have not acquired a cit!z~nslip
IL soale cf the. States, from coming hire. that
it has to prevent free negroes. because the
rights If one in this respect are exactly ike
the other.
There are sill other vest.d rights that the
uegros have, such As d" trial by jury" e the
right - b. confronted 10y his accuser-."
:. tlat he sail not he twic. put in opardy
oi lit OF limb FOR the same offance." aid
number OF others. These are constitutional
rights. given 10 him for what purpose: Only
- protect him in lis natural rights Of life.
liberty, g.. These same rights are given to
the aitsa for the same purpose !; they are en-
jUyyd ia comm, Ii by all persons in this State
/ So also that clause in the Federal Con-ti-
tuition. which says e. that no person shall he
deprived Of lie. and liberty, or property but
by cue process Of law" and that private
property -:t.li not be taken for public use
wiGhou; just compensation applies as well
20 free negroes IS 10 white persons. So also
does the 9Th section of the bill of rights when
taken ia connection with the 9th and 7lh see
| lions must include free negroes, for they have
the same trial.. by the same laws, for the
sam offences ami before The same tribunals
| that white people have. Bus ! will be met
/ here with the case Of the State Us Claiborne"
AID told that the Supreme Court decided
! there that the word fireman meant citizen.
/ and that negro could not be citizen, aud
/ consequently no; freeman. When used in
/ reference 10 political rights. tine word free
| man must be synUnyines with citizen but
! it is not confined 10 citizens alone when used
IN reterenc. to natural rights. but applies to
| every who Is entitled 70 his freedom. We
might here add, tnat the Court WAS deciding
upon the political rights OF Claiborne aad
hence that decision has no. bearing upon lis
natural rights.
We have given these general principles
rather than cite Judicial decisions to sustain
our positions. We mi sht add, in conclusion.
that they can be sustained by the highest ju-
dicial authority.
BENE YoLo.