Year: 1860

1 NAg IL fooUs


J The question being upon House bill No. IS, for the
expulsion of free persons Of color from the State
! Mr.. BRADFORD said:


| Mr. Speaker: We have not had under considera-
| ton. during the present General Assembly Of the
State of Tennessee, a subject Of such paramount
/ interest, or one which should be more deliberately
and seriously investigated than this bill which pro-
poses, understand it. to force into serYitude the
free negro population Of the State If the bill pro
yided for the removal Of that unfortunate and de-
graded class TO the Western shores Of Africa, or
beyond the limits of our State the popular feel
ing all over the State seems maRfestly to demand,
/ then l should extend a more favorable ear to the
proposal and if possible, would give it my favOra-
bic support. But contemplating, as honestly con-
ceYe not the removal of these people, but evident
" looking to sale into bondage Of all free negroes,
at cne half their nominal value, every consideFa-
| ton of duty 20 my conscience, public policy and
my country demCnd that, in the faithful discharge
of the trust committed to me- I should use every
| reasonable argument to defeat its passage.


am as fully conscious, az any Senator upon this
floor that the popular camor from some sections OF
the State, comes to cur ears in favor Of this meas
ure like the low murmurngs OF the distant t0rna-
do threatening ruin and destruction to everything
which may impede its march. feel and appreciate
as forcbly and sensiby any Senator on this floor,
the appeals which have been made me from that
confding and intelligent constituency whom am
proud TO represent. to give my support to some



patriation of this miserable and unhappy people,
who are a deleteTious nuisance in the midst of our
slave population. / have given the bill more care
ful and impartial consideration than have DesloW-
ed upon any other measure which has been present
ed me, desiring if possible to give it my cordial
approval and support so as to meet the views
which are entertained by my CONSTITUENTS in many
parts of my district / have investigated the pro-
visions Of the bill, at the hour Of midnight, when
the ordinary demands of nature required rest; but
at every point, although my mind was favorable to
some bill to accomplish the ends Of public necessity


have met with constitutional objections, aside from
ordinary impulses Of humanity and honest right,
which demand me TO oppose the bill am as firm
ly and conscientiOusly assured in my mind and
heart that the bill is clearly, forciby and palpably
unconstitutional as am that there is day CT final
retriGution and that have soul to save. And not
only upon unconstitutional principles shall oppose
it. but the provisions inhuman, unjust, illibera
unnecessary, bloody, and at variance with every nm
pulse Of charity, humanity and chr1suanty-tor
there is no mercy offered


viii not do an act to accomplish an object
however desirOus the peOp5 mag be for Its passage
which evidently OUerTeS and tears down the guar
antics of the Constellation of my state. That sacred
instrument is the only security which we have for
the protection of our lives, persons and property
and whenever 1t is violated or lntracted there Is no
security or promises for its perpetuatlon for the
future We have received it as trustees OF It's patrl
otic founders and and now bold in that sacred hdu
ciary position and executors OF the past history
prosperity and glery of that Constitution mpOre
Senators not 70 abuse the estate which has been
placed at their merciful disposal And as guardians
for our chil6ren and chidrens children as well
as for the future history Of our common country let
us not transmit this heritage down TO them impaired
bv 4 broken trust stained with unmeretul, u1t-
name blood 1t is by no means my desire 10 DO or
DroDOs aught in the discussion of this question, but
even-handed Justice to this comparatively helpless
class of wretched people. They are in our midst,
and have been placed in their unfortunate predlca-
| ment by the constitution and laws OF our state
have been invited by our former legislative prece
dents to remain here, until now, If ruthlessly eX-
PEELED they have no harbor to shelter Them in this
storm Of oppressiOn-no shelter to protect them
from this torrent of public iEdignaton-no home to
look to as a shield from the cold wintry blasts OF
the frowns of their former protectors. L nave
earnestly desired that this class should be removed
| from the State-that their abominable influence
should be taken from tine circle of slaves-and
! to accomplish that very desirable and important
! end / have supported the bill Of the worthy and
| intelligent Senator from Hardeman, Or. Peters)
which provided for the actual removal Of all free
negroes who are here illegally and improperly, and
did not directly or indirectly contemplate vio-
| lation Of the Constitution. have, Mr. Speaker
prepared brief upon the constitutional points at


issue and desire to refer to it. which clearly demon
strates to my mind and Judgment, why the PROPOSE
ton before us would be in violation of every prin
ciple Of humanity-Of right and justice-and above
| ali a violation of the Constitution


! The proposed house BILL (Barksdale s. would
violate the following provisions of the Constitutions
| and if any Senator will take up the glove and in
! breaking lances upon these constitutional points,
will or can demonstrate that l am incorrect in my
| deductions, will go hand in hand with bIm, as far
as the Constitution will allow us to proceed togeth-
er. 1t violates article l. section g Of our State
Constitution which declares that that free man,
shall be taken, imprisoned, or disseized Of his
! freehold liberties, or privileges or outlawed or
exiled, or in any manner destroyed or deprived Of
his life, liberty or property, but by the judgment
of his peers the law of the land. The cOnstruc-
ton Of this section by the Supreme Court in Clai-
| bornes case, in Meigs' Reports, was mere dietum
not authorized by the fats of the case, by the
| ground assumed by the State in the prosecution.
The prosecuting attorney insisted that the States of
| the Union have the power to prohibtany obnoxious
class of men from coming into their territory; and
that the only limitation of this power is in the Con
stitutiOn of the United States article T. section 2


providing that the citizens of each State. shall be
entitled all the privileges and mmunities Of ci
/ zens of the several StatesD The Attorney General
insisted and in his opinion l cheerfuly coincide
| that Claiborne was a free negro from kentucky.


could not claim the right against cur statute Of 1881


to come into this State or reside, because he was


not Mt the time he came to Tennessee q citizen OF
| Kentucky The Court decided that-but went be-


vond it. and held that he not a freeman, in the


sense of article ], section of our State COnstitu
ton. The case, therefore, Of Claiborne is rC


authority whatever touching the constitutional





under the Constitution and laws of the State, pre-


vous tc the act Of 1881, because it assumes to de-


eide what the State did not insist upon, and what


was not necessary to a correct disposition Of the


case.


The House bill also violates article /, section /.


of the Constitution which provides that free


man shall be put to answer any criminal charge, bu


by presentment, indictment Or Impeachment" anC


this bill proposes to overlap that Constitution II


the wild phrenzy of popular excitement, withou
I IYspfip ING NM Is ard


The bill under investigation also violates section
| II of the same article of our Constitution, which


declares that laws made for the punishment of act


committed previous to the existence Of such laws
and by them only declared criminal are contrary t
the principles Of free government; wherefore no e.
, post faciO law shall be passed.


By the Constitution Of our State previous TO tn


Convention and Constitution of 1884 this pop


ulation were entitled even to right of suffrage an,


many other privileges and immunities unnecessar,


to enumerate; weretyesed by that Constitution anl


the laws Of the land with rights which this Legisa


ture cannot violate, cannot pass, without arbtrar


declaring er post facO And most Of all if this bii
is passed you soemnly declare al er post facto doc
a trine, that you may make these people criminals


without trial, without offence, without treason with


cut public necessity having committed no violation


Of the criminal laws Of the country, unless the bar


acceptance of freedom. under former laws and


former constitution. is construed to be by the euthu


siasuc advocates Of this measure as criminal
E BY the passage Of this bin you palpaoly violat


section IL OF the same article of the Constitution
| THAT all courts shall be open; and every man 70


injury done him in his lands goods, person or repu


Uation, shall have remedy by due course Of law
&c and right and justice administered without salt


denial or delay.' And If a free negro, who iG a


tached to the soil which has given him his BIRTH an


with it his birthright TO freedom, who does not d.


sire to forsake the scenes Of bis carly years; Wh
" wishes to remain amid the associations with whic
he has been connected from his infancy; who do,