Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-06
= believe, 81. that the amendment vhiob 1

believe, sir, that the amendment vhioh
have proposed neeu the point have in view:
I should have preferred that an amendment OF
tho proper character should have been digest
ed and presented by the committee rather than
offer one OF my own, hastily prepared here IN
nv seat stated to the Convention On c prevl'
Gus occasion that the existing provision OF the
Constitution being merely directory to the
Legislature, has not been carried out By that
BODY ard not been regarded By the Courts;
and nv Obi. C in proposing this amendment Is,
to mako it the imperative duty OF that body
to prescribe proper regulations on which the
courts NAV act. 1t has been decided by the
Sunreme Court of the United States In the
casc Of Grover vs.. Slaughter, | believe, brought
10 from the State Of Mississippi, that a mere
directory prc7ision of a sort similar to OUTS
was entirely imperative without legislative
action. md, in accordance with that decision
some Of tho county courts of this Common
wealth have granted registers to free negroes,
and thus permitted them to remain IN the state,
despite the clearly expressed wish, if not vii!
of the people, rs contained in the Constitution
Of 1850. Ny desire is to stop this thing, to
insert q provision in the Constitution mehaa
torn upon the General Assembly, and which,
even if not carried out By a. Statute, will yet
impose the duty on tho courts Of refusing to
viulate tho express will OF the sovereign power,
and BIZ the refusal Of registers to negroes
emanciosted hereafter, to subject them to the
Penalties now provided in such cases. My
amendment, [ think, will accomplish this OBJ
ject.
1t is scarcely nccdful to enforce upon this
Convention the necessity of endeaVoring to
check the increase Of this population in the
manuer proposed.
The question has too long been debated by
the people of Virginia to make it necessary for
me to urge upon the Convention the policy
and propriety Of such action. Sir, this very
section in the present Constitution speaks in
tones louder than ! can use, as to the sense
Of the people of Virginia; as to the sense OF
the representatives OF the people in 1885,
About thas time, when I was a member of the
House of Delegates, my attention was directed
to the removal ui this class Of population from
our State and |, for one, was in favor of tho
Colonization bill, rs a means by which &c
might get rid of :hem, CIR, at least, try to do it,
before resorting to more stringent measures.
| 90 not propose to interfere ct all With the
free negroes in our midst who received their
freedom since 1850; but no man will say tnat
it is not desirable to get rid Of those who may
be emancipated hereafter, that we might there
By, to some extent, prevent the increase of
their numbers.
What, sir, is tho condition OF the FREQ negroes
of the Commonwealth at this time? What
good end are they subscribing in this ~per;lons
crisis in the history Of the country As far
e9 my experience goes, they are now 70 be
fonnd, ss they nave been heretofore, living upon
the rest OF the community, doing nothing in
the way CT service or contribution Of any kind
for the support Of the Commonwealth. In
my own county, whera NC have q sufficient
portion CT them, ! um not aware that SO many
rs twenty havc been converted to any useful
| purIase for this 3Har, and when provision WIS
made 70 draft some CT them for the public ser
7;c+, It was found that z large portion Of those
detailed for the purpose were either unfit for
~ser7ice, OF very suddenly became so and so,
whilst everywhere few contribute anything in
noaey or IRS OF for the common defence, many
OF them walk about the cities and towns,
dressed better and living better than the iami-
lies Of volunteers who are in the service Of the
country, struggling for our liberties and indie.
pendencc. | maintain, sir, that it is our duty
to check The growth OF this evil by al the
means in our power. This purpose is declared
in the Constitution of 1860, but the provision
On that subject has beer rendered imperative
by tho failure Of the Legislature to prescribe
! the p1c;er means 10 carry it out. The object
of ny s~mendmcnti is TO compel the Legislature
to prescribe the necessary regulations to carry
out tha: provision. and I trust it sill DC the
| pleasure Of the Convention to adopt it.
Mr.. STuAEr.-The resolution offered By the
gentleman from Rockbridgo (Mr. DORIAN
Yas referred to the committee and o portion
Of the comnitlee-thcre not being o full meet.
ing al the time-had the subject under coo.
sidersticr, and instructed me tn report nd.
v~crsely to the resolution.
I make this statement for The purpose Of
| showing thar we did not overlook the resolu.
ton. The object Of the committee was to re.
port tho section AS it stood, which leaves it
discretionary with the General Assembly to
take such action on this subject as they, in
their wisdom. NAV think proper. We con.
sid-red that the General Assembly would be
~ correct 40 exponent Of the public sentiment
upon th.: snhject as the Convention, and that
instead Of inserting g mandatory provision, the
Eisest course was to insert q perGn'ssivc pro-
vision.
Mr. YouSG.-It has so happened that, in my
| experience es ono Of the officers Of The Conf
mouweallh, have had occasion to observe the
necessity Of some change in the present Con.
%s.itu,inn upon the subject. There is unQuca
.ionabiy u thcrongh and entire discrepancy OF
rule srnuns the different courts in their deci.
sions with regard to it. For instance, in the
city CT Richmond the official advisor Of the
Court OF Hustings has given it as mig opinion
that slaves enlancipated since the present Con
~stitution Vas adopted should he permitted 70
remain ir the Common wealth, because OF the
fact tha. ths Legislature had pissed no law
calling into active exercise this constitutional
provision; and since The adoption Of the pres.
ent Constitution number: of these people have
been permitted. by order Of the Hastings Court.
to remain in tho Commonwealth. | under
stand that that ruio has also prevailed III
other counties. In the county which have
| The hnncr to represent, " different decision
has been rendered. 1t has been decided there
that negroes Of this class should net ne per-
| United to remain in the Commonwealth. 4
cn-c o! tk;a character has been ~recenilg :aEen
| 10 The Circuit Court, AMI thu Judge affirmed
the decision Of the County Court The casa.
however, was to be taken to tho Court OF APP
| peals Cor its decision rs to the stG.as of these
persons, hut no decision has so far been rem
dered. YOU perceive that the provision nov
in the Constitution declares that they shall be
reduced to slavery under some regulations to
BIO prescribed by law. Aaa tho question is
whether there is any Law in ferco which ap.
| plies to them. Tao Constitution contains a
| positive declaration that they shall forfeit their
freedom by remaining in tho Commonwealth
more than ~ months, and yetinasmuch as the
Legislature has passed no Law upon the sub,
jrct, they cannot, according to the decision o!
some CT the courts, be reduced to slavery; and
the; may possibly remain in the Common
wealth in 8 quasi condition Of freedom. 1t is
exceedingly difficult, there being no legisla.
ton to carry into effect this clause Of the Con.
s%titution, to say what is the status Of this class;
think This thing should be put beyond all
cavil, End thai, if it is the pleasure 0 fthe Con-
von,icn tn &c q that thase people are to forte II