Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-22


duties Of citizenship" Il will not do to say that
the County Court, as agent. could not thus bind
the State for it had as plensry power over the
whole subject IS the Legislature could confer Il
cannot be said that the slave vas incapable Of en-
tering iBto suoh contract for have seen that he
could make valid contract for his freedom If
for his frsedom with his owner Why could he not
contract With the State for the right Of residence
and membership in the community l deny Sir,
utterly, deny that the Legislature stride into
courts, cancel all the DEGREES Of emancipation,
disregard its solemn eompacts or agreements with
liberated slaves and drive them as herd OF cattle
out Of the Stcie.
But, sir, l wish to look at this matter ia another
point Of view. Gentlemen admit that free persons
Of color may lawfully acquire property by ell the
modes Of conveyance known to the law. They may
acquire land By grant from the State, or By deed
from individuals; and it is we'll known that many Of
them had lands granted to them, IN the early settle
ment Of the State, for military services in the war
Of the resolution By a grant Of land the State
ooaveys ali its title aud authorizes the grantee
take possession. Itdoes more--it expressly secures
to the gra0tee aud his heirs forever the use aud en-
oymens Of the land. Now, sir, grant IS issued
to free person Of color; he goes into possession
uoder it, and he is now in possession Can the
State aunul the grant aud iaks back the land! That
be done; for the grant is contract, render
ed inviolate by the section under examination Can
the Legislature drive of and force sale Of the
landg That would destroy the assurance given the
owner of the free and full use and enjoyment Of it
by himself and his heirs. No such power is re-
served In the gralt It forms no part Of the right
Of eminent domain il cannot be found in the letter
or sprint OF the Constitution: it nowhere exists
save in the wild assumption that the life, liberty
and prosperity Of such persons are subject 70 the
unbridled will Of the legislature
It must be admitted Sir, that these persons are
human beings endowed with mind, moral feelings,
I aU,ANa-
however much their habits, color, their cast, may
have degraded aud lowered them 10 The scale of hu
man life 1t must be true that they have right to
live somewhere the earth, to breathe the air of
heaven in some latitude, 10 die and be buried 10
some quarter OF the globe. But let us determine
that they have right to live aud die in this State
although they may have violated no penal law, AVID
it follows necessarily that they have no country,
no right Of residence OF burial anywhere. MANY Of
them are Ihe creatures Of our policy; whether wise
or unwise, 1t is too late TO inquire. They have
been clothed with their existence as freemen By our
laws and courts they have resided here for many
oug years with our permission, aud have gathered
around their hearlhstones several generations who
are freq born. Where else, Sir have they any suon
! high claims ?-Where else have taey any claims
! whatever Can we ask or expect any other Safe
/ or oouatry to receive and take care Of them! We
! cannot rightfuly force them upon any other gov
1 ernment Every free State has she Indisputable
I
may meet them oa the boundary aud resist their en-
! tering 10 the death; and il they were succeede
/ in entering, it could drive them out by all the
means proper or necessary to the end. Don't tell
me- Sir that there are countries that will receive
! them. Those countries may change their policy
! the next day, and drive them out from their
limits, and make them wanderers, eXiles, Outcasts
with no country for home aud no barren spot tOI
grave.
/ rejoice, Sir that no incident in past his o.
! can be found to sanction any such Wanton act Of
barbarity to feed and sustain the unhalloWed fires
of such persecution. l rejoice thPt no such pow
er as that of expulsion can be found imbedded like
a volcanic crust, 10 the bosom of the Constitution.
, | rejoice that the trainers of that instrument had
clearer conceptions of well regulated government
than to leave whole class Of freemen under des-
potism of unchecked passion and rPjudice. II have
shown that this class find in its solemn guarsn
ties calm and secure refuge from the storme that
now threatens nearly all its members with destrue-
ton. We have seen, Sir, that they are protected
by the distinct recognition of them a class, that
their right Of permanent residence is founded
less firm and steady foulhold than and invo!able
grant of the STATE, and that its continued enjoy
ment is amply protected ia that restriction against
exiting freemen. When anchored within either Of
these constitutional harbors, they may say win4
| and wave, Peace Peace
l will now, Mr.. Speaker, direct the minds Of
Senators to another feature Of this bill, which is
obnoxious to constitutional objection. 1t is most
manifest that its author did have clear ccpeeP-
tiCns of our Supreme law, or that he had regarded
| free persons of color as utterly urdeseryiug and
incapable Of having any rights that the Legisla-
| ture ought TO respect By the 9th section Of the
Declaration of Rights il is declared That the right
! Of trial By jury shall remain iuviolate," and by
the 9th section That In all criminal prosecutions
! tle accused hath right 20 demand the nature and
cause Ct the accusation against him." and ito a
/ al ,s-fs,1 ,F -
county or district IN which the crime shall have
! been committed" Now, Sir, in the face of the
! great right Of trial by an impartial jury, thus
guaranteed TO the accused in all criminal prosecG-
lions, this bill provides that free persons of colo:
may be sold into perpetual slavery without any
lrial or hearing whatever.
! l do hot see how more open and direct attack
! could be made upon the inViolablty of that iu-
| valuable right which underlies our whole system
Of criminal law. will state the provisions of the
bill on this point more distinctly. Il provides that,
! if free person Of color come into this State any
person may give him notice 10 leave, and if he re
| mains twenty days after the notice, it is mace the
duty Of the Sheriff TO seize and lodge him in the
county sil aud after giving ten 5lyo' tics of the
| time and place Of sale, to sell him into slaverJ.
/ How do gentlemen on the opposite side meet my
objections 20 these harsh provisions? They assert
that this Class OF persons cannot be criminals in the
| sense Of the 9.h section, and cannot, therefore
u J
expect US credit this assumption their deCla-
/ rations alone? Will you not, Sir, demand some
authority for so gross a departure from our crimI-
1 nal law? l GnXousy expected them to give US
/ some great name some distinguished Judge, but
they have failed even to do this | refer again TO
that most excellent opinion of Judge CASTOR, from
which have read extracts, as a complete vindica-
| ton of my position have here another case di-
rectly in point, decided in the Court Of Appeals in
! Kentucky. Two freemen Of color were arrested
for emigration to that State in violation OF the Ac Of
1905 and the County Court, before which they were
carried ordered them to enter into recOgniSauces to
| leave the State, aud on failure TO do SO, "they
were TO be sold for he term of one year" The
| defendant failed TO enter into recOgnzauce, and
carried the case to the c uTt Of Appeals by writ
Of error. Chief Justice Robertson, in delivering
the opinion of the Court quotes the section of the
! Constitution of Kentucky whca secures to the &c
cused a speedy public trial by impartial jury
Of the vicinage, and interpreting the Act of 1903
as dispensing with jury, he declares 'it is 50 far
in conflict with the supreme law Of the land" lie
adds The Act cannot be cOnsi,u ionally enforo-
ed without the intervention Of jury. 4 free man
cannot be sold, for instant unless jury Of
his peerI shall have passed condemnation upon
him" [Sse Dans's Rep 332. [ think this ex-
celent Judge the trne doctrine as 10 the re-
lGlion existing between the trial by jury and the
liberty of all freemen. l may Overestimate the
value of the right Of trial by the jury, and rever-
ence TO- highly is invlOlablllty; may err by be-
ing too liberal in lis application, but declare here
to-day that would not deny it, in any case invov-
Jog lite or liberty, to the meanest free negro that
ever lived.
Mr. Speaker there is another feature in this bill
that demands a brief notice. Il is provided that
free women of color, who prefer remaining in the
State may elect to 20 into slavery and that their
election Of slavery shall make slIVes of all their
children under the age of six years. And this
provision applies to free women OF color who have
been set free by their owner but have not obtain
ed the assent OF the State. It is wholly beside my
purpose to inquire whether or not any free person
of color can by contract transform himself into
slave. How far tire great principle underlying the
fabric OF the English Common Law, that 10 free
man can by contract make himself a slave may Je
modified or changed by the institution Of slavery
in the South it unnecessary to notice for any
object Of my argument. However this may be-
can we give q free woman Of color the right and
power ID enslaVe her children
do not think that the Legislature can euslsye
fr, children Of color in any such way. l do not
believe thai We can communicate TO the mJtber the
power to do 50. l have SHOWN that free persons of
U-lor entitled all the guarantees of life liber
~ and property contained in the 6h section OF the
Declaration Of Rights have shown that the act
of the master, freeing n slave, communicates a
vested right Of freedom which is protected by the
Under the LATTER he RIGHT Frnado-,