Daily Nashville patriot. [volume] (Nashville, Tenn.) 1860-1862, 1861-04-10

ieneu tnis seFentH section. Inere rs portion
attached to this section Of which I have not
yet spoken, and about which will speak
presently. The Convention will bear me
witness that have only commented upon
that portion OF this section which relates to
payment for unreclaimed slaves THERE'S an
other portion which, at the beginning of my
remarks on this section. 1 reserved for sepa-
rate consideration. This has not been for
gotten, nor intended to be forgotten
Having, believe, Mr.. President. finished
all that L have to say upon so much of this
section as provides for the payment OF slaves,
/ proceed, in continuation of my purpose, to
| remark upon the residue of the section-tne
addendum. trust that have said enough, at
| least, to vindicate this seventh section from
some OF the objections which have been urges
| against it, so far as it relates to the payment
| for slaves. La regard to the residue of this
section contained in these words:
"And Congress shall provide by law for
securing to the citizens of each State the
privileges and immunities of the several
States.'
1 am net sure whether there is misprint
in the copy before me. This certainly is not
the exact language of the Constitution
which presume was intended to be follow
ed. There is provision in the Constitution
in thest words:
"The citizens of each State shall be enti-
lieu W dli privileges ana 1mmulltleS OF cItl-
Zens OF the several States"
This does not seem to have been followed
literally. The addition reads ''privileges and
lmmunitIes of the several States" The Con-
stltutlon is privileges and immunities of Cit
ze1as OF the several Statesu
Now, Mr.. President, my distinguished col
league and friend is right in saying that the
commissioners from Virginia voted as a unit
against the section after this oddendu1t was
do 10 W
ton of that addition, which was offered as
an amendment, and the vote ofthe State was
cast against the section itself. after the adj
dition became incorporated with it. This is
the explanation of my vote on the 18th sec
ton.
L will not undertake any minute history
of this afix or amendment. The first init
nation OF such provision, so far as l recOl-
lect, came from very well known member
of the Pennsylvania delegation. acting in a
minority of that delegation. When the 7th
section was under consideration, providing
compensation for unreclaimed slaves, this
gentleman suggested that, while we were pro-
posing amendments to the Constitution to
suit one great geographical division of the
country, he thought it would be well to look
to the other side, too; and he suggested that,
inasmuch as it occasionally happened that
citizens of the Northern States, travelling
through the Southern States, were treated
by mobS with Violence-lynched as he called
it-that it would be well to insert like pro-
vision for compensation to such parties thus
Injured, out Of the public treasury. That
was the origin of this affix. 1 don't remem-
Der that be submitted himself any distinct
proposition TO that effect. l know that was
the language he held; it was the language of
all those who proposed anything upon the
subject. That was the ground of this propo-
sitiOn as presented by those who supported it.
The argument used in favor of its adop-
ton, and the alleged necessity or propriety
of such provision as a matter of course, no
Southern man admitted. We denied both its
necessity and expediency, and resisted its
adoption. L.5-
Ibe two lines which now stand as an addi-
ton to this section were offered as an addi-
ton, and received sufficient vote to insert
them. This addition was voted against gen.
orally, if not by all the Southern ComDis-
sioners in the Conference, and by the entire
commission from Virginia.
l do not profess to be myself much of a
politician. l never was, and never desire to
be; but | think that the man must be blind
who cannot see, in any public assembly of
which he may be member, even for a short
time, something at least of the moving
causes of things. l don't know that am
stating anything improper to be commented
on, coming from a member of that Confer
ence, when 1 say that this Republican party
now dominant consists of two wings or di-
visions. differing from each other very widely
in very many points of opinion and of ac-
ton. My own impression at the time was,
and is now, that this provision was offered
not with any expectation of Southern sup
port-none of them expected it-but it was
offered by the more concentrated portion of
n party existing in this country, to catch, if
possible, the more conservative men of that
party, especially in the border free States
and with the purpose, if possible, of injuring
them by getting them to vote against it. We
all know enough of party machinery and
party organization to know how these things
are done.
These conservative gentlemen of the Re-
publican party found themselves in this
condition, either to vote against this which
was for them as a trap to endanger their
position at home, or to take it aud regard it
as carrying out the declarations of the Con-
stitutiOn. 1t was adopted-it was adopted
by majority vote in that way.
Now it has been said that the great obiec-
ton to this addition is, that free negroes may
be declared by any Northern State to be cit
liens, and that, under and by virtue of this
addition, Congress may by its legislation ex-
tend to them the ''immunities and privileges
of citizens of the several States"
/ have told the Convention the grounds
upon which this thing was proposed, namely,
that of providing compensation for violence
to persons from the North travelling through
the South. Let that go for what it is worth.
NV design is now to meet the objection made
to it upon the score that, by possibility, at
some time or other, free negroes may be de-
clared to be citizens and entitled to the priv
ileges and immunities of citizens in the other
States.
Now, Mr.. President, desire to be perfectly
understood at this point of my remarks. /
have clearly and unequivocally stated that
we all objected to the provision, as wholly
and perhaps miscbievous-as in
all probability fruitful at least of cavil and
objection. am not maintaining-I am not
but have word to say in re-
gard to the objection that by possibility free
negroes would be made to come within the
puryIew of the proposition.
1t will be remembered that in the bred
Scott case, so often referred to, this was the
point upon which the case turned. Scott
sued for freedom in the United States Court
Unless citizen of the United States he had
no right to sue in that Court The jurisdic-
tion of the Court to entertain his case was
denied, on the ground that he was not citi-
zen. The Supreme Court of the United
States held in unqualified terms that free
negroes were not citizens of the United
States.
1 need not remark, Mr.. President, that the
whole scheme and framework of this Gov
eminent of ours is Government for freemen,
for white mentor the dominant race.
need not remark here that the Declaration of
Independence, the Bill of Rights and the
Constitution are declarative of the rights OF
the members of the body polite. and not of
slaves or free negroes, of the inferior race
held in subordination, whether free or bond,
at the lime of the Constitution, and ever
since-I. have no hesitation in saying, and
the American mind must concur in the de-
claration, that when a citizen of the United
States is spoken of, when the right of citi-
zens are spoken of, as in the Declaration of
Independence. these are to be taken as an
nouncing the rights belonging to the members
of the body polite The Declaration of In