Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-04-06
Jss 9asBsilIt Onion an0 8meritau.
FREE NEGROES.
SPEECH OF
HON. JOHN A. MINNIS,
OF HAMILTON,
an ths HiEl Tor 1he EzpuiaiOn Of EEee
Persons Of Color from this state
IS SENATE, FEBRUART 90, 1850
or HAMILTON.


~ AAH AaEA 10y me EAUAEal0A % 49,
Persons Of Color from this state
IS senate, FEBRUART 20, 1850
IcoNoLUBED.
Now for one moment let rs examine the sound
ness Of this argument; whilst free negroes, were
under tho old eonsGfutiou permitted TO vote for
members Of the Legislature, they were also permit
ted to muster and vote for military ohcersi the ola
constitution provides: "eaptains' suDalSsrns una
uon-conmissioned officers, shall oe elected % nose
citizens IN their respective dissres eiO arg Su'Jec'
to military deity" Art. Z, sec. l. NOW u the ar
runent Is worth anything, these otncers being re-
0uired by the constitution to be elected by citizens,
free negroes being permitted TO VOTE therefore free
neoroes upder the old constitution were citizsns Of
ne Sfate this is not pretended and cannot be- with
ont oye4turning the adjudication Of the Supreme
ort Of the United States, the action Of the general
government ard all its dspartments-the adjudics-
lions OF Tennessee, North Carolina, Kentucky, and
probably s the States in the Union, ard the entire
legislation Of Tennessee on the subject. The truth
is as before stated these we're privileges not ex-
pressly forbidden BY the constitution, prohibited
by an act Of the legislature, and enjoyed by the
mere permission, and at tie will CT the sovereign
power Of the State. The declaration Of rights was
pretty much the same under the old as under the
new oonssituii0n and thus 10 constitutional pro-
visions the matter stood until 1884, when the new
constitution was made.
The new constitution, SO far as IL bears On this
subject, is very nearly the the ole, except
il in express terms confines the right Of voting TO
fres white men, this is the declaration Of the
sovereign power Of tie State expressed through its
delegates in convention o fundamental Law, that
in future no consent shall be given either by the leg
isature, By the courts, CT BY common consent, for
any but free White men exercise the high prero-
gaiive Of the elective frauchise But 1t Is argued
that because the convention IN framing the couslitu
ton in relation the qualification Of voters used the
term ttree white man and II the 9Th sec. art. ],
they use the term free white man that they uu-
derstood and intended Iree man to include free
negroes and to sustain this, the journal Of the
venuon is appealed 10, aud the views OF two
of-tbe members, to-wit: Mr.. Allen, who said, - l
am also against inserting he word white before the
word freeman in this clause Of the constitution, be-
oause it gees 10 exclude a description Of persons
frn tka right Of voting thai have exercised it for
thirty-eight years. under the present constitution
without any evil ever HAVING grown out Of il. This
will be the effect unless clause is ADDED, extending
the privilege men OF color IN certain cases as
provided in some Of the amendments OnyOUr table. "
Mr.. Loving aud others advocated the measure,
and seemed 10 think shere was nothing in the cen
gitution TO prevent q tree negro from being
Governor, member Of the Legislature, &c, &c.
There was nothing in the old constitution
expressly in terms prohibiting free negroes from
holding the highest Office known to the State Gov
eminent and if the arguments Of Senator's on this
floor true, they eligible 10 The highest Offices
in the State; aud yet, who for moment believes
thai one If elected would have been permitted, CT
held by the Courts eligible to the most inferior
Office, and most certainly he would not have been.
And WY Because he vas not one Ct the race,
class or caste that constituted the sovereign power
who made the Government, TO whom II belonged,
and who h8d right 10 control and administer II. No
stronger case could be given to demonstrate what
! have already said, that the privileges exercised
by free roes under the old Constitution we're not
constitutional rights, but merely permitted prlVI-
legte but il is said that "free white mel" WIS in
serted in the new Constitution 20 prevent iree ne
groes from voting. | admit il. I have already
shown il was the declaration OF the sovereign
power. expressed in a fundamental Law, that they
would no oager suffer any such permission 10
free negroes. This whole argument attempted tn
be drawn from the conventions Journal il Uhat
politicians would cali handsome dodge Of the
main point in question, and what lawyers would
call sslute special pleading
The new Constitution Of Tennessee, the old
Constitution Of Tennessee, the Constitution Of the
United States, the old Articles Of Confederation ana
the Declaration Of Independence, we're all made by
the same people, by the sovereign people Of this
Government: and who, In the Declaration Of IIde-
pendence areincluded b. sll men, who are inoIud-
ed in the preamble to the Constitution of the Unit
ed States, in the expression Of I'VE, the people, "
who are Included in the preamble 10 TIE cid COns-
tuon Of Tennessee, in the expression Of ths people
Of the Territory" &C. and included in The pre-
amble to the new Constitution of Tennessee Is the
expression Of ''the people Of the State Of Tonnes
sRe," The declaration OF rights, art. OF the old
Constitution Of Tennessee; ''ihst all power is in
herent in the people" means this precise came
sovereign people, freeman" IN section Of the
bill Of rights in this old Constitution means the
same thing includes precisely the same people
The term ''freemeD," IN the new Constitution, bill
Of rights, art /, section 8, means precisely the
same thing, includes the same men, does Eot nor
ever wss intended 10 include any portion Of tae
African race. This direct question, Uuder the new
Constitution Of Tennessee, has been before tae Su
preme Court and received lis solemn publication,
and in which, the Court, Judge Green, delivering
the opinion, Gays: " II Is C0Dtsnded that this
is in derogstioa Of the bill OF rights Of this State
We think the word freeman, as used In the bill Of
rights, is Of equally extensive Specification with
the word ''citizen," used In the Constitution Of
the United States; and that although the defend
ant, by his emancipation in Kentucky, obtained
qualified freedom, he did not become freemsn
in the sense Of Magma Charta, OF Of Cur Consti-
tuition. TMeigs' Reports, 3I4 State Claiborne,
in 1881 This identical cGse,is referred 10 and re
cognizsd as sound law by The Supreme Court Of the
United States and the bred Scott case.
The whole Legislation Of TeBnJsse, under the old
Eud undsr the new Constitutions, shows conClusi7ey
that the legislature has always taken this view Of
the rights Of free negroes. BY the Act OF 1906 ali
free negroes and mulattCcs are required TO be reg
istered, sc. And if found lettering about without
copy Of the register Of his her freedom, be
rested SC. By the Act Of 1873, negroes, bond or
Gree, upon due proof pregnant circumstances, az
peGring before any County Court be touUu 10 have
given fslse testimony, should, wJhou. further trial
be ordered by said County Court TO have one ear
nailed 1 the pillOry, &c THIS Legislation il gsa-
ton 10 any portion Of the white would have
been palpable violation Of the old Constitution Of
Tennessee, and would have been pllpab5 viola
ton if the free negl oes had been included Ia lie va
rious provisions. By the Act Of 1881 it is made q
felony for any free negro 10 Gene into this from Eny
other State The aot was held by lie Supreme Court
TO be constitutional in the referred 10, Of C6i
borne vs.. the State. And by various acts since ali
free negroes have been required enter lEto bonds
sc. Again, our statutes make it q capital felony
for 4 negro or mulatto, whether bond OF free, to
commit an assault on q white woman with intent 10
have carnal kn0Wledge without her consent; where
ss, this offence committed by white man. subjects
hin only 20 penitantiary punishment. Il negroes
were included in the term free man IN our bill
Of rights this whole legislation would most unsues
GOnably be o violation Of that Constitution; ana
whatever may be the opinion of any ai 10 the cons
BtituuOnBlty OF these ami other similar provisions
sf cur statutes, 1t shows most coucusively the con-
s;ructiou that was placed 90 the Conscientious by
our legislatures, frequently composed in part. OF
members who had heen members Of the Conventions
that framed these Constitutions.
Il Is most c0nclusIVey shown, iLGtUn1a principle
from the action Of the g07ernmen fr0i jle clrCum-
stances under which the various Constitutions
above referred 10 we're formed: from the history of
times at which they were formed, the condition Of
the Afiicsn race aud the manner IN which hey
we're regarded, by adjujicatiotE Of the SIlreme
Court oiIhe United States and ut The State Of Ten
nesse that the terms people ctthe United States and
citizens" under the Federal Constitution, are So
UonymJus terms that describe the Political body
known the sovereign power, and that free ne
grOes do belong to this class and are not included
in its IeTns, and al protected by its provisions
that the term " fireman in car bli Of rlgh,s, and
other similar terms Of equal extensive sgnidca-
ton With the word citizen used in the Coustl-
tuition Of the United ates, ana do not embrace
free negroes; this IS clearly settled such qCcs-
tion can be settled by reason and au hOuty.
Then, whilst the General Government, being enc
Of limited powers, can only exercise the powers ex-
pressy gIve1-Ihe sovereign power OF a STATE being
IN the Legislature, clothed with lull power TO pass
any law not proh,lNed by the Constitution %. the
United States or re SJGIC OF Tennessee; and ~ 1
believe il is most cJaClasvcly shown that Tree ne
rross are not embraced In any Of The above p-cvis-
ions Of the Constitution Of the Uaited States 5r #
the State Of Tennessee, there is no constitutional
prohibition against the passage By the Legislature
Of 8 law expelling free negroes from the State.
=. de- i in h.4 In .1.