Year: 1865




Among the various questions that ar
before the Legislature, none 80 vitally
affect The future welfare of the State,
none will have SO important bearing on
TX e restoration policy of President John
son, as the laws that may be passed to de-
fine the civil rights and prescribe the fu-
ture status of the freedmen.


II has been held by the Government OF
the United States that the war and the
events of the war destroyed slavery. The
President through official instructions and
suggestions, and 10y the amnesty oath, in
plain terms required of the States tha,
their conventions should recognize the
abolition of slavery and the supremacy OF
the Union.


We accepted these conditions. Tbs
policy Of reconciliation and re union pro
pos, by the President, has been assailed
by the radicals, because it gave US the
right to regulate the question Of suffvage,
and if successful released us from military
control and gave US all The rights and i'm
munities enjoyed by any of the Srates OF
the Union.


We think it is clear that there is no
Way by which we can be restored to Con
gress, military domination superseded by
civil su horily, order and Industry estab
Lshed, the resources of the country de-
veloped, but in our cordial and earnest
support of the programme for restora-
ton laid down by President johnson.
The responsibility of accepting or reject
ing these conditions Of union in great de-
gree rests with the present legislature
They can strengthen the hands OF the
President, they can disarm the Jacobins OF
Congress, and they can give credentials to
our mem bers that we believe will secure
their admission.


We regard the essential principles that
should regulate legislation in Ieferenc TO
free Omen as embraced in the amend
mept to the Constitution adopted by the
Convention.


This amendment not only abolishes
slavery tut de clares "the Legislature shall
provide by law for the protection and Sc
curly of the persons and property of the
freedmen of the State, and guard them
and The State from any evils that may
arise from their sudden emancipation"


1t becomes the dnty of the Legislature
to Re fl ct upon the force and extent of thi,
provision. so as to determine their power:
and duties. We think IL clear that thi,
itself, gives protection to person and pro
perty, for it lays down general principle
which not only establishes but limits the
power of the Legislature, giving them
the right to carry out the details by law
They cannot impair or lessen the effecl
of the LANGUAGE used. for it would still be
the supreme law of the State and BE- re
cognized by the courts, whether the LIE
gislature acted or not.


The word property" used in the
amendment, is the most comprehensive
that could be employed. 1t means what
ever may be acquired hy inheritance, gift
or purchase. The principle of protec
tion is laid down in the institution,
and it in made the duty of the Legisla
ture simply to pass the appropriate laws.
Where then do they Ct the power tc
limit the protection of the State, to 9
particular kind of property? We are moi
disposed to argue the question as to the
Polity of allowing freedmen to acquire and
own real estate. We regard the matter
settled by the action OF the Convention
and that it is above the power of the Leg
islature 10 change it. So il regard to the
right 70 testify. Judge sharkey. one ol
thS most distinguished lawyers aad jurist,