The home journal. (Winchester, Tenn.) 1858-188?, 1868-03-19

not violate truth in this instance VIC arc
lost, or that if we adhere to truth IN
that, we may as we'll despair ofsuccess'
There is always an option given US. i
is our business to seek for the true
line, to find 1t, and, being sure that VIC
are right as far as we can see, for none
of us can see very far, to trudge along
cheerfully and bravely. We may set
out in the night; what then2 We may
fall among bad company, as we have
done. Is that our fault2 We don't
make the road. 1t is made Tor us. We
travel it for good or i'll, hoping for the
best, of course. But we must take the
chances; for in lawless times like ours,
when every highway is beset by dan
gers, one cannot be too nice about his
weapons, so they be stout and true.
Though rendered politically incap-
able we, the people of Tennessee, were
not destroyed as individual men and
citizens. We represented the wealth,
and intelligence Of the State. In every
thing, except the ballot, we were strong.
In every thing else the negro was weak
Nay, what was worse, he had been in
duced to consider his vote, not only as
his solitary possession, but as his sole
weapon Of defense against certain de-
signs upon his liberty, which were free
ly laid at our door. 1t was our duty,
therefore, either to proclaim those de-
signs boldly and to become at once the
aggressor in codhict Of races, or to
set his mind at rest, if possible, by stat
ing what we were willing to do for the
sake of peace and quiet in the event of
obtaining control Of the Government
No one contemplated the first OF these
propositions; many seized the latter
with Incorporate zeal and others again
would have rejected both. For my
own part l regarded silence as nearly
synonymous with assault Even if it
could be maintained throughout the
canvass; ia thing in itself unlikely, it
would be construed into an assent to
the charges preferred by the Radicals.
Moreover it would promote division
among ourselves. Some standard to
which all could appeal was necessary {;
but, in order to obtain this standard, 1t
did not seem to me to be right in point
Of fact or requisite in point Of expedi-
ency that we should of sudden change
front upon the abstract principle con-
tanned in the new issue before the coun-
try.
Entertaining these views ! drafted a
resolution, which / thought covered
the case. The day before the assem-
bling of the Convention however, l
happened to be in the Office of Judge
Gaut. where number of gentlemen al
so met, and this question coming up for
discussion, the Hon. Edwin II. Ewing
read from pencil note formula, en-
bodying distinctly and accurately the
principle l have sketched. "This is
the resolution" said he (which l would
offer if l were member Of the Con-
vention." He had impromptu, yet with
that nice tact and judicial accumen for
which he is distinguished, struck off in
a lucky epigram the real point at issue.
1t impressed me decidedly and l said
by way of reply, that he had expressed
what / meaet much better than | had
done, adding that, ifhe would allow me
I would appropriate his resolution,
make it my own, and cndcavor to put
it through the Convention, of which ]
was member. He assentel, and thus
! went into the caucus that night assur-
ed not only with my individual conyic-
tions, but first rate legal backing.
The resolution thus prepared was
proposed with view to the controyer-
sy between two conditions and opin
ions, and was meant as compromise
of course. am persuaded that, if it
had been accepted, it would have recon
ciled both elements without doing
wrong to either. 1t read:
"That our colored felow-citizens, being
this ) nate. are entitled to all the rights,
privileges and immnnities of such citizen
Ship, under the Constitution and laws of
the United States, aud of the State of Ten
nessee."
1t will be observed that these words
proclaimed simply the facts of the case
no more and no less, with promise
thereon conditional. "That our color
ed fellow citizens, being citizens of the
United States"-and the civil rights
bill made them that-"ana voters OF
this State''-and the franchise law
made them that-"arc entitled to all
the rights, privileges and immunities OF
such citizenship under the Constitution
and laws of the United States and ofthe
State of Tennessee" Now if the Con-
stitution and laws of the United States
and the State of Tennessee entitled
them, "being citizens and "being vo-
ters," also to hold office, how could
you prevent them from holding office
except by recognizing the law and
meeting it at the ballot-bOx? But i!
those instruments do not so entitle
them, as the present General Assembly
has decided, docs this resolution do so
And just here comes in the objection
of Colonel John Baxter, of Knox, who
opposed the measure witt. good deal
of ability, persistence and address. "It
means nothing at ALL" he argued, "ol
it means too much, and is subject to
Reconstruction" But not so. We
had no rightto go beyond or stop short
of the exact facts presented to us. The
negro was a citizen he was a voter
and as such he was entitled TO whatev
er the Constitution and the laws grant
ed him, no more and no less. The alb
stract question was not before us. W.
were not called on to commit ourselves
to that. We had not made. or pro
noaed In make the negro n citizen anC