Year: 1865

On the Resolution to repeal the thir-
tecnth article of the Constitution.
MR SrEAKER: | do not desire nor intend 10
make what is generally called set speech, upon
the matter under the consideration of the House
However, propose to submit my views thereon in
the briefest manner of which l am capable. The
resolution proposes TO amend the Constitution of
the State by striking theTeIrOm the thirteenth Ar
ticle. Is il polite wise or just. thus to dol This
question each member of this House must answer
! for himself under oath TO do what in his Judgment
may proper, and for the welfare of the people
The honorable gentleman from Monroe, in his
speech on the question involved RECALLED the House
with reading numerous extracts from the argu-
mcnts of some of the leading members of Tic con-
yention which framed the Constitution in support
OF the article which il is now proposed to expunge,
or obliterate forever. His object was to produce
the authority against which, he probably supposed,
no member would have the courage to contend.


But, sir, however able and patriotic the purposes
of the speakers from whom he quoted, might have
been fifteen years ago, did he suppose, or does any
man nou suppose, that their opinions would forever
stand unimpeachabe, and as tire law of the State
| through all its future historyl Have we not a
right to our opinions, well as had the me embers
OF the Convention which framed the Constitution
under which we are now assembled? cit con-
| tended that they embodied all the wisdom, and
virtue of the past, aud were competent to speak
I
| OF the State for years TO come? Were they proph-
cts, endowed with the ability of penetrating the
future, with far reaching, and incOntroy ertible
vision, and also with the power of prescribing the
bounds in which our politics should revolve? Far
from is, sir. However gifted the Raridens and the
Pettits of the Convention might have been, they
were nothing more than m0rtaIs, totally incapable
of behoding the present period of our history, or
of athoming the abyss into which civil war plung-
cd the country.


Their opinions, expressed there, cannot bind
our action now. Many of the members of the
Constitution Convention, from whose speeches the
gentleman from Monroe quoted so liberally, have
radically changed their views, and are now as ex-
treme on the negro question as most Of Us desire
to be. For instance, Hon john Petit, of Lafay-
cite, then member of the Conye ntion and as firm
a supporter Of what is now called the Democratic
party, as the gentleman from Monroe ever was, or
can ever hope 70 be; man OF unquestioned ability,
and firm in the faith of his party, now signs a Pc
ttion to this House, PRAYING il 10 repeal the black
laws, and enable courts of Justice to receive the
testimony OF negroes, on the same footing as that
OF Writes. Ii is said that wise man changes his
opinions, but that fool never does. Now do
not consider tho gentleman from Monroe fool
! by any means, but he must be considered fit sub
ject with which to illustrate the maxim Were it
it possible to disnter the venerated remains of the
patriot Rarden, and reanimate his life and perish
ing form, and place him within the bar of this
House, with the history of the past five years be-
fore him. with Petit, ne could not, and would not
refuse his support to this resolution proposing the
abolition of the obnoxious article.


| The circumstances under which the distinguish.
cd men made the speeches, in the Constitutional
Convention, from which the gentleman quoted,
were radically and totally different, from those
which surround you. at the present time. Those
speeches were made fifteen years ago Freedom
al the North, and Slavery at the South had entered
into kind of treaty, or truce, which had the prob
ability of long continuance, but which after
events have demonstrated, was broken at the very
first period at which the propagsndiss of Slavery,
supposed themselves TO have the advantage. I'm
der the Influence OF the institution, and with grave
aprrehensions that It's representative. would break
the Union into fragments, and char, aud dcsolate
the country with the fierce fires of civil war the
men of 1850 framed our State Constitution. They
desired that the peace OF the two sections should
be carefully maintained. and not knowing exactly
how TO propitiate the slave owners or how far our
people would endorse their action in this respect
concluded to submit the 18th article to their ap.
proval, or disapproval at the ballot-Lox


Ii was so submitted, and received the UNQUALIFIED
en5ors ement OF large majority of the voters OF
the State. But the Constitution was not intended
to be forever fixed and unaltcrable like the laws OF
the Medcs and Persians. The power that made il


has right to unniake il, even to do Justice to the
negro. 1t is tn he work of the people, and whenever
they see fit 10 alter its provisions, or amend it in
any way. no man here, or elsewhere, can deny
their right to do Since the endorsement of the


18th Article by the voters of the State, slavery,
which they proposed. in part to appcase or concili
/ ate, has made war, direct and bloody war, upon
the Federal Constitution, and upon the Union OI
the States. And when it attacked our flag and
sought the ruin ofall held dear, it might have
been expected that the prcpitatons Of the North
would be withdrawn, and the internal dsturber OF
. our peace, thwarted and defeated in all his da-
bolical purposes. With the loss Of more than hall


million of loyal men, and more than three thous
and millions or treasure, who is so blind as not to


see that our people are anxious to rid themselves


not only OF the thing itself, in all its attributes
! but of every species of the shameful barbarism
[. whether found in the North, or in the further
n South.


D They we'll know the result of the elimination o


its power, and desire to extirpte the last yestige


of the Institution forever. No more compromise


or trifiDg with il, for its very l!c and existence


was justly forfeited and all the loyalty Of the land
sanctions every effort to dispose of it finally and
forever. This Thirteenth Article is but similar


species OF despotism, totally inadmissible in


Democratic Government Ike ours. II wars upon


the negro not because he is ignorant, but because
: in the Southern States he has been a slave. anC


because there is disposition even yet, to admire
\ the role of tie taskmaster, and make permanent
ut 'VtuuOh. 4NO"S Su, "not
justice or honor, is there in trampling upon the
negro. We are told that his is inferior one


and the argument is, as a consequence, that ht
should be subject to the domination of the whites


Suppose he dies belong to an inferior race, wha


right have you to wrest from him his Godgiver


rights1 Who delegated the right to you to put


your foot spon his neck, and hold him in the dir


forever.


Do you arogste to yourselves the right anC


power of denying him title to property purchased
by the fruits Of his own industry and economy p
What kind of Democracy is that! Is it not bcref
Of every principle Of justice, every sentiment O
honor, and OF every attribute of the civilization
o the age7 1t certainly is. But, sir, it has beer


suggested to me, by some members on this side o


the House, that the abrogation Of the statuary pro


visions making the 18th article effective, is al
i that is required in that light The Article is


part of the Constitution, and mandatory in it:
character. Section 6 says: "The General Assem-
bly, shall pass laws to carry out the provisions o


this Article" When l, as a member of this body


take the oath to support this same Constitution,


necessarily obligate myself thus soemnly, to assis


in making its provisions elective. Therefore,
propose to rid the Constitution Of its excrescence


If may SO call III, as once, and thus obviate tn,
difficulty by removing the wrong fiom the founda


ton. -.


The article prohibits negroes. or mulattoes


from coming into, settling in tee State after it


adoption, and makes all contracts with them void
besides imposing any fine upon any person VIII,
l. AZ