The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-01-19

H-eaeAt pg N1nEreirs IN ClUeF 70 take
charge Of AID protect the freedmen,
N tee states IN iusurrecti0a, where
the local lava were either destroy
Cd, or had become imperative By
the results OF the war, aad the
chaotic condition Of the people The act is
only to be in force one year after the close
OF the va and the war, or rather resistsncs
10 the laval authority OF the United Sfaies.
ceased with tue surrender OF the Co1ieder-
ate armies, which was in May, 1865. Under
this law Fregdmen's Bureaus, or Agencies.
have been established in Tenuessee, under
the supervision Of General Fisk, VINO, ItaEe
pleasure IN saying, has lab0red earnestly
and zealously, aud with much success, 10
promote the welfare Of the freedmen, and
10 promote good feeling ard confidence be-
tween them and the white population.
But this act Of Congress, in my opinion,
a. unconstitutional. First, because ltonly APP
plies to 8 part and not to oil " the United
states-it = not a general, Uniform law.
Secondly. The Courts constituted a-e arbi-
trary, and matters IN controversy between
whites aad blacks, are determined, without
the right Of appel, by ons man; and the
night Of trial by jury, in cases OF injury 90
the person or property, Is denied 10 10th
white and black.
Ia support Of this argument, 7 refer 10
section ?, article 3, Of the Constitution Of the
United States which reads thus: "Ihe trial
o. all crimes except in cases Of impeachment
shall be BY jury Art 4, Sec. .
"The citizens Of each State shall be entitled
10 all privileges and immunities Of citizens
in the several States Amendments to the
Constitution. Art. 5-"EO person shall be
held to answer I ? a eapi.sl or otherwise in
famous crime unless on q preseutment or in
dictment Of a grand jury, except in cases
arising in the land or naval forces, or in the
militia when in actual service in time Of
] war or public danger" Q
Art. 6-"In all criminal prosecutions the
accused shall enjoy the right 10 a speedy
and public trial by an impartial jury in the
| State and district wherein the crime shall
have been committed" 9
Art. 7-"In suits at common law where
the U0iRe IN controversy shall ereced ttoenty
dollars, the right Of trial by jury shall be
/ preserved" . .
Now, Mr.. Speaker, these provisions ofthe
Constitution are guaranteed to every citizen,
white or black, and without them no man is
really free, and yet T ON the very nature Of
the law of Congress these rights are denied
the citizen. IL Il a tribunal foreign TO
the Constitution and laEs and unsuited
10 the habits end teachings OF the American
people. The principle being wrong, sooner
or later 1t msy become in the hands OF
selfish and unjust men, an engine Of OPP
preston and cxt0rtion Of both black and
white in these States. admit the necessi-
ty and Justice Of protecting the freedmen by
equal and Just laws, without distinction OF
color. by opening our Courts TO ali-and l
feel well assured that the Southern people
who have been kind to the black man in a
state Of slavery, will now, that he is free, be
Just to him in the Cyuris. Their relations
10 each other many years to come will be
such as to demand harmony, amity and i'm
partiality in our Courts as q common tribu-
nal, TO decide justly between all without
distinction Of color,
Hence ! am in favor Of passing this bill,
and thus removing al pretexts for the coa-
linuation Of the Ersedman's Bureau in this
Stale. By the provisions Of the act of Con-
gress it will cease to operate in this State
whenever we adopt legislation protecting
the freedman in his per,on and property.
Il it is continued after this legislation, IT will
be because a breach once made in the on
s~titution in times Of commotiOn, and
through a plausible necessity, Is more
easily widened than repaired.
I firmly believe that the passage Of this
bill will secure the admission Oi cur mem
bers 10 Congress, by removing every excuse
for their refusal. The great amount Of just
claims the people OF Tennessee have against
the United States for property taken aud
/ aE1AAn ~ l4 NAA ~ va NAA 9LA AfHN ~ N"NA|
lishmert Of our Tost-oiiices and post-roads,
make Il very necessary tEat The Eepreseu-
tatiyes from Tennessee thOlld have a voice
IN tie National Councils.
The member from AIsury lAir. Arnell
has delivered q written ADD set speech
very little Of which has, or was intended to
have, a. seems 10 me, any application 10 the
bill under consideration Ii aOouuds ln
cheap and hollow sulogiums IN " freedom,
49,
President Of the United states, and the late
deceased Judge of the supreme Court The
speech was INTENDED, il seems TO me, hot
for the people OF Tennessee, but for Con
gress and the Reconstruction Committee.
a. is filed up with stereOly ped extracts from
the spe- ches Of Mr.. Sumner and others.
which every gentleman has read abou.
yeas ago, and which can be found in the
Congressional Globe, HB talks about free
dom, equal rights, justice, ETC., and, sir,
this morning ne moved TO indefinitely
postpone the resolutions Of the gentleman
from Larter, iNr. Viii ans, requesting
Congress to admit our representatives, and
declaring that taxation and representation
are inseparable IN a free Government. AT
ter we had organized a State government,
elected Senators TO Congress, passed q Law
under which the people Of tennessee last
August elected Representative to Congress
vet now this gentleman votes that these
members ought not TO be admitted, and
that the people Of Tennessee ought 20 be
taxed without ACKNOWLEDGEMENTS in q
word, that this noble old State, the home OF
Jackson, Polk, and Andrew Johnson, shall
be a territory military province, m
which neither white or black men are to be
allowed the RICH 5 Of the constituents Of
Charles Sumner and Thaddeus Stevens.
During this Legislature, the gentleman in
troduced and passed a bill uis~iranchising
two-thirds of the white men in Tennessee
, and has never proposed. although he is one
Of the maj0rity, 10 enfrsnohise one cpiored
man, or to ALLOW them 10 testify in our
5 courts. Nor would he now speak for it,
only that he thinks he can grind his axe
before a Washington audieGee and pay
f fealtyto the Radicals in Congress.
Mr.. Speaker, / cannot see any harm e
the while race by passing this bill. Here
2 tofOFa We haFe hDen the acknowledged mas
. tiers Of the colorod race, and noR, in tkJ
providence of God, they are free, (ond / an
r~ejoiced at the facts we will be their i.ieadi
aud protectors.
Il IS 40 longer a que'tion whether the ne
gro shall testify he already has that right
in the United States courts, and the quos'
! tion for US 10 determine is, whether we shal
control that evidence in our State courts
and in regard to our own population, o.
shall we give 10 over 70 courts not depend.
P ent on the people Of Tennessee for their cr,'
. at on or action, as our State ribuna' are
which are elected by the people, 10 admin
p lister our own State or domestic laws, with
better knowledge Of the habits, customs auc
interests Of both races, aud with more re
sponsibility for their mutual peace and wei
fare No one knows the negro better, anc
will do HIM more Justice, than the courts
bar, and Jurors of Tennessee. In doing thC
negro Justice, we must not forget, in thes,
exciting times, the rights and protection o
the white people of Tenness e.
To have two cOurts-one for the Negro
! aud the other for the whites, each claiming
p the right TO decide the same questions, will
finally lead 20 questions Of jurisdiction,
power, and conflict Of races, Inst will keel
both in fasment and trouble. Il, after pass,
e ing IN $ bill. the trecdmrn's Court is 10 be
. continued. with sll its military appendices
So unsuited 10 the Amer can people IN a time
p Of peace. / shall regret ever giving my sup
2 port 10 the bill. because ! Thick difhculuc.
. will grow between white and black In hsv.
iuc two courts. ent rely different, 10 settl,
8 questions that will necessarily arise among
the whites and blacks. The white peopl,
have nothing 70 lose, ana much 20 gain, a.
this time, and the coiofei people nothing {,
lose, IN having but one court, sndthat courI
Of our own creation, under our oRu laws. a.
q a State. aud with our oSn judiciary, bar anl
Jurors. These are my reasons, aside from g
u sense Of justice, that / have for roing foI
the bill.
Col. DEcra7 followed 10 opposition 10 the
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