Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-05
5Bs 9asb6IIlt Gm0u ann 8mtritan.
FREE NEGROES.
SPEECH OF
HON. JOHN A. MINNIS,
OF HAMILTON,
On the Bill for the Expansion Of Free
Persons Of Color from this state.
L SENATE, FEBEUARY %, 1860.
OF HAMILTON.


Ii SENATE, FEBRUARY %, 1860.
Nh. srBAKHR:-Hsvinga already detained the Sen
re, on g former occasion, with q few remarks on 1
his subject had not designed or insended agsin /
o trouble this body with anything more the sub
ect but Is seems to be the desire Of the friends Ct
he bill that 1 shall address the Senate before the
Tote is taken. Aud, as I believe the question IN
Ter consideration involves principles Of far more
Importance than any that has or will be before TINS
vital importance as can, in fact
we'll be brought before the Legislature yield
ny inelinstions and wishes to the desire o. my
friends, and ask the serious attention Cf Senators
whilst attempt, in my feeble manner to show what
think the important principles In this controversy
Now, sir, let Senators be not mistaken; J do not
regard il Of such vital importance TO the STATE Of
whether the free negroes are Immediate
IL expelled from the State; OF even whether they
shall be at any future time AZ question Of
mere policy, there are most unquestionably, argu-
ments for and against IL. /, for one, believe, It is
good policy that they should be expelled; that Z
should not be done Toe hastily; 1t should not be
done harshly; it should not be done rashy, or in
humanity, but should be done certainly, a ques-
ton Of policy, Of humanity, and 10 time and
mode We can discuss this question without attach
ing to il the vital importance the question has
sumed BY the course Of the argument Those who
oppose The measure maintain il is unconstitutional
and upon that, mainly rest the argument Yes. cir,
it is insisted that the passage Of a law eKpeling
Free Negroes, IS unconstitutional and refer espe-
cially 70 sec. 8, art /. Of our bill Of rights as
well as many others, but this will illustrate The
whole argument, ana therefore, need not refer 10
others This section is as follows: THAT no free
man shall be taken or imprisoned or 6isseizsd of bis
freehold, liberties or privileges, or outlawod, or
eLiled, or in any manner destroyed or deprived Of
his life, liberty or property, but BY the Judgment
Of his peers, or the Las OF the land Now, sir,
the whole question is involved in this are free
negroes aHy portion Of the African race protect
ed by the above, and other similar provisions in
our Constitution, the Constitution Of the State Of
Tennessee Was the Declaration Of Independence,
our Federal Constitution, the Constitution Of the
State made By or for the protection Of the African
race or do they or any portion Of then constitute
any portion Of the sovereignty or sovereign people
Of our government l maintain the negative, and
If an right, there sir, is end Of The cUustitu-
tional question, but those who maintain the other
side of this question insist free negroes are en-
braced BY the tern freemeu" Ia our bill Of
rights in my opinion, upon the principles Involved
in this question depend the rights Of slave proper
~ the very rights Of slavery itself The Declara-
tion Of independence the very foundation Of our
government, declares, ave hold these truths 10 be
ssIf-evident, that all are created equal, that
they are endowed by their Creator with certain
alienable rights that among there are life, liberty,
sudtthe pursuit Of happiness.
Now, appeal to every Senator, TO every can
did man, ii 'freemen" in bill Of rights en-
braces free negroes or freemsn Of the African race
if - all men " in the Declaration Of Independence,
by the very same reasoning does not embrace
all men Of the African race; if SO, then by the DeeG
ration Of Independence, an instrument sacred 10
cry American heart the principles Of which will
er be held in the greatest veneratiOn by every pa
triOt in the land: ''AH men are created equal,
&c., all men, including all races, includes the Afri-
can race; and slaves being men Of the African race
are included; and being created equal ''are endowed
By their Creator with certain unalienable rights
among which are life, liberty, and the pursuit Of
happiness" These rights being unaenable-that
is, such cannot be sold disposed Of, or Of which
q party cannot, in any manner, be deprived, then,
according to the argument Of those WbO hold this
law unconstitutional, because violation Of the Sth
Sec Art. Of our bill Of rights Constitution of Ten
nessee and similar provisions in our Constitution,
because, as they insist, By the term freeman" is
embraced free negroes, Of course, call men, in the
Declaration, includes those men held 10 slavery;
and II this argument is true, every slave held in
the South is held in violation Of the fundamental
doctrines Of that sacred instrument the Declaration
Of American Independence. This is the argument,
yea sir, the very foundation Of the argument OF
political sboitionists; il is sir the very foundation
upon which they build In the celebrated bred
Scott case and TO which / shall alude and Gdduce
as Cn authority TO show that the Supreme Court Of
the United States have settled this direct question,
Justice curtis gave o Qlsseubug OplulOly Buu IN
which be reEieWs this identical question, AID uses
this language: Il shall not enter into al eEamins
ton Of the existing OPTIONS Of that period respect
ing the African race, nor into any discussion coz
corning the meaning Of those who asserted in the
Declaration Of Independence thst al men Gre
ated equal; tLst they endowed by their Creator
With certain unbelievable rights; that among these
are life, liberty, and the pursuit Of happiness Ny
own opinion IS, that a calm comparison VI these
universal abstract truths, and Of their own indivIC
uai opinions and acts, would not leave these men
under any rspro7ch Of iuC0ps ency; that the great
truth they asserted on that solemn occasion trey
were ready and anxious 70 make efectual when
ever necessary regard 20 circumstances which
no statesman can now disregard without producing
more evil than good, would allow; and that 1t would
not be just to them, nor true u ITSELF te allegc
that they intended TO say that the Creator Of ell
men had endowed the white race, exclusively, with
the great natural rights which The Declaration OF
Independence asserts See this entire opinion, IN
Ciusky's Political Text BOOK, page l73, second ed
ton l quote the opinion Of Judge Curtis to show
the Black Republican or Abolition view Of this csse
ss hold by members of the Supreme Court, and
which is the view taken by the entire Abolition OF
Black Republican party. 10 that same case, Chief
Justice fancy, who delivered the opinion Of The
Court upon this very point, after quoting the Ian
guags Of the Declaration Of Independence says:
'sBut il is too clear for dispute, thSt the enslaved
African race we're not intended TO De included and
formed no part Of the people who framed and adopt
ed this Declarations" and goes on 10 show c0Ec!G-
sively the reasons from the history OF the umes,
that the men making this Declaration we're many
Of them, shareholders, high In literary and legal
at,ainments, &c, &C.
But. Mr. Speaker, 10 avoid the force OF this
guueut the Senator frcm Wilson insists tie Decla-
ration OF Independence, the Constitution OF the
United States has anything TO do with Inc question.
The Senator from Rutherford, asserts the Declare
lion Of Independence IS lot true. Now, appeal
20 every candid man. If language Of the precise
same import used in tae Declaration Of ludepend-
euce Ia The Constitution Of the United States, and
in the Constitution Of The State OF Tennessee, Is
not 10. ard should not, be construed TO mean the
same: will show before take my seal that such is
the opinion of cur own Supreme Court. But Is the
Declaration Of Independence uEtrue? If you take
tire construction Of Judge Curtis: The construction
Of the Abolitouisis; if You coGsirue Il upon The
tame principles, that those who insist the word
freeman in our constitution, embrace free ne
groes: fyou coustrue il 10 mean, all mel are equal
In mental, moral and Pfyaicai stature, then 1t Is
untrue But if you cOnstrue It AS II was intended
by those who made it, as the Supreme Court Of the
United States construe it, and which Is unquess
tionably the true and correct construction, then It
is true-that IS, all men" all men Of tae class
who are Of the class constituting the sovereign peo-
pie that people who entitled 10 political rights
under the British GOyernmcnt-the colonies up u
the tine OF the DeCAIAllOu OF hue pCl44GlASc1 tt-
longed to the British Government; subjects Of
that Government-it was that people who declared
d cir Independence, and it for themselves and
those entitled to like rights for whom this Declare
ton was made and an independent Government was
organised Did the African race constitute any
portion Of these people lt is but necessary 10 look
to the history Of the times, 10 see most cCnclusVely
that il did not The white race came 10 and set
tied this continent freely and Of their sccOrdt
bringing with them all the rights and privileges o.
citizens or subjects Of the mother country. How |
was 1t Ia relation 10 the African race; there was
probably not one thea in tie ouLtry, that him I
self or ancestry came here Of their accord, -
not one whether free or slave that himself an /
cestry had Lot been brought here as slave Judge .
Tauney in delivering the opinion Of the Court 10
The bred Sect case says: NO ore Of the race had 4
ever emigraed the nted States voluntarily. AL
VI them had been brought LtE. la aILy..g ed ussI-
,handise The number that had been cmancipued /
At the time we're bat few in comparison with those
held in siavery; and they we're identified in the /
oublic mind with the race 10 which they belonged /
md regarded ~ q part Of the slave population /
rather than the free. Ii is obvious they in
ne minds Of the trainers Of the Constitution and 1
4 course not in the minds Of those who made the /
Of Independence. This same learned .
ludge saws: 90 It is difficult at this day 60 realise
he state Of public opinion in relation that 1nfor-
Il -s.s al rr1F rr--v1 Had q f.,