Year: 1860

HON. r. A. BENNETT


OF SUMNER COUNTY,


delivered in the Tennessee House of Rep


resentatives, January 8, 1860,


On the JN Ill r. l9) irtg0dlced Jy the Committee o


Free AegrOes and SaUs Population, for he ErDu


sion Of Free Negroes from He State. Reported b


W. IL DTapier.


Mr.. BENNETT Mr.. Speaker: arise tins morn


ing to perform what / regard high duty TO mysel


and to the constituency 1 have the honor to repre-


sent / enter upon the discharge Of this dutl


with feelings Of mingled regret and pleasure


regret because Of my inability TO discuss the


question before the House with that intelligence


and force that Its peculiar Importance demands
with pleasure arising from consciousness


that / appear In defense Of the great principles OF


constitutional law, Of justice and Of humanity.


Invoke. earnestly invoke. the attention of the


House. Ii is a duty we owe to each other in the
discussion of matters Of so much moment 10 givt
heed 10 arguments on both sides. weigh the reasons
pro and con, and impartiay decide Tor the good OF
the State, unintuenced by party bias or undue ex
citement.


1t will be my purpose, Mr. Speaker in this dis
cussion to treat the views and arguments Of
the advocates of this bill with that deference
and respect that should characterize the pro
eeedings of deiibcrauye bodies. While feel no or
! binary degree of solcitude with reference to the
measure before the House, and may have at times,
manifested more feeling than, perhaps, was proper;
vet will not trust be BETRAYED into anv want of
courtesy to the friends Of the BILL for entertain
for them, one and all, the highest regard.


] Ii has been said by high authority that man
born Of woman is Of few days and full Of trouble"
Perhaps no truth uttered is strikngly illus
trated in every days experience and every hour 5
observation. In all the Ylclssltudes and caLngs Of
! life we feel its force and see its truth verified
/ Whether in the private and humble positions of the
| domestic circle surrounded by our families and
those dear ones around whom affections cluster
| in rich DrofusiOn-whether the farm bearing the
. heat and burthen Of the day " and the tolls and
laborS incident theretO-whether as lawyers diving
into the intricacies and mysteries Of the sciences
and discharging the important obligations due our
cliClts-whether physicians administering to the
afflicted and to the wants of suffering humanity
whether as honest and industrious mechanics strug
Cling to secure competence and independence for
those to whom their hearts cling with undylng af
Observation-Disclosures as legislators charged with the
high and sacred duty Of acting for the public good
we feel and know thas man born OF woman Is
of few days and full of trouble" The paths of all
are alike strewn with th0rns and thstles-eaeh
has his SORROWS and griefs should not then act
with mercy and be governed il all the relations Of
life by the great principles OF justice and humanity!
1t may be said sir, that Ihave morbid sympathy;
that l1pon this measure / am mad. This may be so.
sir, but had rather err on the side of justice and
right than to put myself IN position where may
be guilty Of doing great wrong. sympathy Is a
noble
have it. and trust it may ever animate my heart.
This world would be a barren desert ald without
an oasis to cheer US, if all the sympathy Of our na-
lures was dried up


Mr.. Speaker, is this proptious time to consider
this measure? Why is this bill 50 suddenly sprung
upon the country Why thrust this question before
the House without its having been first canyassed
before the country? How many members upon this
floor discussed this measure before their cOnstltu-
ents l apprehend not one. Why then, Irepeat, Is
80 a
excitement growing out late acts treason against
the government in sister State? II so, Is this the
time and are we now in condition to actupon it with
calmness and deliberaIion? A measure Of so much
mpoEtance-iny grave questions OF consutu-
tional law-inyOvng questions of right, justice and
humanity-contraven the settled policy of the
State since its admission into the Union, should be
heraded here by the voice OF the people Of the State
1t should be discussed before them and their repre-
sentatiyes should come up here armed with their
viii inthis case and instructed as to their duty
through the ballot box.


The bill before the House. Mr.. Speaker, should
be considered in two aspcctsas to It's constitution
atty and expedency or propriety. viii first dis
cUss its constituuonalty have no doubt sir, that
free persons of color could by proper law and
under proper circumstances. be expelled from the
State I do not wish to be understood saying that
all laws upon this subject would be unconstitutional?
1t is the cOnsttutOnaty OF the law now before the
House. that l propose to discuss, and the remarks



Under the Constitution of 1896. the Legislature
permitted free persons Of color to exercise the right
of suffrage. to bear arms and to enjoy some other
political rights of minor Importance. That COnsti-
tuition was the fundamental law Of the land until
the adoption Of the Constitution of 1884 To have


clear conception of the Constitution Of 1884 1t Is
necessary to know what were the provisions Of the
Constitution Of 1896 and in what light it was re
garded by the Lawmakers at the time OF the adOp
ton of the Constitution Of 1884 BY the lst sec of
the Sd art of tie Constitution of 1896 'every free
man of the age Of p years, &c. Is entitled to vote
This was held to include freemen of color and they
were allowed to vote but this phraseOlOgy is chang
ed in the Constitution Of 1884 and every free white
man of the age of Il years &c. IS clothed with
the right of suffrage Under the Constitution Of 1885,
the free-men Of this State had right to bear arms
for their common defence. This included free per-
sons of color, but by the Constitution Of 1884 this
right is confined to free white men. In the COnsu-
tutions of 1896 and 1884 the right to assemble for
their common good, &c. is confined to the citizens
of the State. The terms 'person" freeman, free
white men, = "ctizen 'nen and accused are used
in both constitutions. refer to these facts to show
that the terrls Citizen free man. and free white
men" have different Specification 1t IS manifest too
that at the time Of the adoption Of the Constitution
of 1884 the term freeman was understood TO in
clule free person of color Now with this view Of
the import and effect Of this term the Constitution
of 1884 was adopted, and IN all caIes (as ! insist
when was intended MOTTO include the free negro in
the Constitution of 1884. some other term phra-
se0ogy was used.


The bill before the House declares it Unlawful for
any free person Of color to reside within this State
after the first of January 1861 After that date all
free persons Of c0lOr-thClr age, sex, and property
owned by then-shall be reported by the proper
officers to the Judges Of the Circuit Courts, who
shall order the arrest Of such persons The clerk
Is required under the order Of the Court TO take
proof and report what estate is owned by them and
if it appear that any Of them have property suti-
cient to defray their expenses TO Liberia and six
months support thereafter. it is the duty Of the
Court to decree conversion OF sand property into
money, which is to be deposited in the treasury TO
be at the disposal of the Governor, who is to make
provision tor their transportation to the western
coast of Africa and for their support of six
months after their arrival. If the free persons
Of color have property nsufciency for their
transportation and support for six months such
1 property as they have is to be converted into
money, that money loaned out and they hired out
until fund sufficient for that purpose is raised
Provision is mGde for the voluntary eDslaveuent of
such as do not wish to 60 to Africa. The moneys
wrungfrom voluntary ensavement and the estates of
those entering voluntary ensaYement are TO be paid


into the treasury Of the different counties TO be un-
der the control Of the County Court for the support
! Of the aged, infirIn and helpless free persons
I OF color OF such counties who remain under
{ the provisions Of tile bill The costs of ex-
ecutng the provisions Of the act arc to be paid out
OF the transportation fund hire proceeds Of sale
! II any person of color has more means than IS
sufficient to transport him and support him for SIX
months, it goes as understand, into the Treasury
/ Of the State. The other provisions Of the bill 1t
does not become necessary to notice for the purpose
/ of my argument


/ By the lStn section of article Of the COnstitu-
ton. ''no freeman shall be taken or imprisoned, or
dsseized Of his freehold liberties privileges or
] outawed or exiied, or in any manner outraged or
deprived Of his life, liberty property, but by the
Judgment Of his peers OK the law Of the land" IT,
as we have argued. the tern freeman includes
free persons Of color, the bin is unquestonaby un-
constitutional am utterly at loss to know how