Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1863-01-21


ssseyerata her objec ion % negroes coming within he
limits, a. d her discrimination 10 visit Punishment apo
such as mi gh vioate her municipal regulations Ipfrae
tons OF her decl areo w IN this regard, attende
to-were punished, and never did dream that mis-
tress Of States west ~ the Aleghanies Of the inec
ency OF ous enactments Of he contempt 10 which w
were to be subjeeied Sec era-y So non Hceheed b
his edist the fair prairie State to be flooded wi this 90
nexious population
Nr Chaifmen, let the quest be adjourned a. 70 Mr.
Secretary Stsntons power hus 10 ins lt and Outrage M!
2ropl= but hope the sdjoui nmeat viii not be "a in
definite period.
know full well his violation Of Constitutions Fede
raj and state has been sough 10 b. ius ed the pls
Of necessity" This is sometimes called military ma
eessity' and sometimes political necessity
But, sir know0f no necessity superior TO the Con
stituton-fat Congtitutoa which is most spty called
the paramount Law Of the land and therefore nothing
can be superior to It in political sense.
If the OF necessity is 20 prevail ia the exercise
/ Of power not gran ed by he Constitution then I
amounts to absolute destruction OF all form snd
principles Of gogernn ent Who is to be the judge o
this 'necessitYi" The officers in powerl In Jsckse
nian times csee7s Of tbs government consid-red
agents of the people but the relation Longer
exists Il is assured and acted upon that re Dso
pie belong to he government and that the government
do-s nor belong to the people Arguments being cut
of leave this mstter for future discussion should my
/ me for thai purpose ever arrive.
is not perhaps, necessary for me to enter into
vndicstion Of ths State which n in part represent
What she did clearly within the scope Of he sri7
nal right as a sovereign State, aud ret limited
strained BY provisions Of the Federal Constitution
1t was, doubt, intended a Esary police rsgu
suoD foI the peace and quiet Of the country and to
prevent competition and contact between white citizens
/ and fres Americans Of African descaDt" The disas-
trOus results 70 nay Constituents consequent upon this
contact and competition Inferior being hrust
upon the superarvioistive Of every right civil or po-
Giieal, IWiu not attempt TO portray
The Government ought 70 sec 10 IL st once Under
! the sembanee Of Federal authority negroes wer-
broughti to- sn BY Federal authority they should be
takea out Of Illinois. Ny con titlents demand that
these negroes shall be depoTted High considerations
prompt heir firm resolve that they viii not have ne.
groes for neighbors, associates or slaves.
& 1r1sr, -Tr
who consider it honorable 10 their living by Ol
They are wiling o ce7Hpete with esch other, but will
never consent TO competition with stolen negroes.
No, sTs tAe matter might as well be understood
Southern Illinois shsr be the hons of white men
/ or black men-they cannot dwell together.
A large Gsvsmme5t boarding house, at which ne
gr3es eat has been established at Cairo the southern
point Of my diErOt-a negro boarding hou established
and sustained By this Administration Thousands Of
dollars coming out Of tho pocket Of the people my
constituents included all of whom white men, have
been expended by the Government in feeding contra
bands, and YET sir have 10 hear Of the FIST instance
where the iovsfnmtnt Efs given aid or comfort food
raiment to tho wife child Of white soldier lest in
the present Widows and orphans Of vOlun-
compelled 10 epsnd upon the charity Of their
neighbors and yet goes have the that the
Cove nment will look their welfare-wl fill up the
which has created in white circles by
free Americans Of African descent"
Il gives pleasure sir TO talk in this manner, but
with the facts bsfore ne, facts to be deniei
compelled to srraign Federal authority for its shame
less violation Of State rights
Thousands of negroes have been taken, decoYed or
stolen In violation Of the Federal Constitution and dis
posed Of 10 the injury Of the State Of Illinois But
rsurn sir to tie argument. This prohibition of the
state Of Ilinos against the immigration OF importation
of negroes uilatoes made in the acknowledged
exercise Of her State Sovereignty and has been
disputed denied or Questioned by any one acquainted
with the rights Of the StHtes
Its peculiar doctrine that ali sovereign States (and
could admitted State consent to be less than
eign have the right TO prohibit admit persons
as Il naay please within s limits, subject only to the
Constitution of she United States and this sovereign
riu has froro of
Rois 20 the Federal government
original right belonging to sOvsre gnty and in
d. Densable N irs existence.
Nothug sir but ths setien Of the State can deprive
her Of that right
But sir hayr be State rights, Of which have been
speaking been limited by the Constitution Of the Fed
eral glveTBmentf No maintain inst every right and
privilege belonging the States before the formation Of
hs Urion sl pertain to them except so far AZ they
have voluntarily conceded the in the ad pt.oD Of
the Eeders Constitution lam not unaware of that
clause In our highes. organic law-the clause behind
which Aboiionists take refugs-tha citizens Of each
ate shall be eurited 70 the privileges snd imnuates
4 cities Of the several States"
The supreme court haze decided on this question-to
the etec, too, resd the decisionthat gr0es and
pefs Of African defcsnt citizens ia the sense
Of the Constitution aud therefore, not entitled 70 say
benefits growing Of this pro 7ison If tae flndamsI
tai aw. This sEdicated by the highest trib0u4I
in the land, appointed and degnsted decide Const
tutions estion leaves the matter conclusvely set
tied and vindicates every position have taken thst
subject
the previous provisions Of the Constitution IS quoted
but addition thereto ] refer this fact The per
sons brought into Illinois, Of which complain,
free persons ard cannot claim to be citizens Of the Uni
ted States i1 ay vhatsver They are f1-itives
or ecoyed and stolen from their masters in the South
and therefore, not entitled to any Of he privileges cf
citizens of the United Ststes.
distincy make two propos IONS: First that negroes
ard mulsoes cannot be citizens Of the Unite States in
the of the Constitution determined by the Su
preme Court as ha sresdy shown and second, that
these persons Illegally and uncOnsituOnalv brought
into the State Of I1oa ther citizens free
persons of color In either case, II woud be pspabe
violation Of tAr law OF th Stsg but to make the mat
ter more apparent quote tns clause Of the Federal
Constitution:
No person held to service or labor in one State un
der the laws thereof escaping into another shall IN con
sequence of or regulation therein be Discharged
from such service or labor BIZ shall be delivered up
c i'm Of the party 20 whom such service labor may
be due"
From s Of this It necessarily results that the action
of the Federal officers is grossly aud faerantyin vioa
ton Of State snd Federal Constitutions l. therefore
repeat that the State had the right to prohibit the mu
grstsn Of negroes that it exercised that right bv law
provided penalties against It. and that no aetisn thus
taken in conflict wlth the Constitution of the Uni ell
States thRt II considered ee persons Of color the
State had the right scd did prohibit their introduction
they nor being citizens of the United Ststs but
especially il IS within the limits Of her authority be.
they neither citizens no free person of color
snd not within any inhibition Of the Federal Constitu-
ton.
They are fogtives from labor, without knowing the
motive that promr ed them 70 escape Il enough for
us to know thar they are not citizens Of the United
States and positively prohibited by the laws Of my
State, from coming in OF settling within doniBoas
beg leave to reiterae thst this government has
power carnot egitmately exercise any authority to
import Africans he descendants Of Africans into Il
lnois. Nor has The Federal government power 10 su-
horZe Of It's ecera or agents TO do that Indirectly
which Il acknowledges its want Of power to do directly
Has the Federal government Mr. Chairman, any license
invade Slate rights in a matter vital time
pportune and with reference 20 subject that trihes
with the most sacred interests Of the people Of pros
perous and soon TO be- a controlling State in the Unonq
Nraun nHrr nd ~ Hha IA
for their consider alton, what viii be the effects and
sequences of this rage and Of this violation Of their
express prohibitions ct consider it for moment
If the Federal government can, by using military power,
in violation Of the Constitution and laws Of sovereign
State, bring into it negroes and sttoes, breaking
down STATE rights and thus Atric6nize State which
has so repeseiy declared against slavery not single
vestge of State rights viii be left If five thousand
be introduced they have BEEN contrary to law and
Constitution then, with equal propriey, yon may
with four million and that rich productive and,
lately prosperous State Of Illinois placed in the abject
position Of being governed by negroes Why's Inten
entionalIy most probably to drive out. override, and
effect the ezrradon Of humble tiiers of the -white
men, who guilty Of the iOne crime of considering
themselves superior to those Of African extraction.
outrsg striking at the vitals Of States and 10 insist
that their original rights be respected.
demand that be brought into my State, in op-
position to her expressed will, declared by her
peaedly and II 80 many forms. The facts to which
have alluded are unmistakeable and misun-
derstGnd their meaning OF import As to sovereign
State at least history viii write down its clear object
to make State for WAils people without being eneum
bered with free negroes fugitive slaves, Others inim
ical to her interest
That negro labor thus uncOnstitutiOnally introduced
into a cline uncongenis 10 that class Of population will
in cotta with strike down the wages Of white
peope cut OF their almost entire source of employ
men Is inevitable. The failure Of the Federal govern
ent to look to the consequences in this regard viii not
be overlooked by the people Truth Is slow traveller,
Mr. Chairman. but Yet occasionally Ovsraes error and
ther me pTishment comes. The thousands of aupers
not the kita or kindred of my constitute ts which
-
State to, vii be rec0lleeted These who dream that
recent pasr offences viii be obiivioned might well
aurffrr he Tnar Of