Year: 1860

u


rights are held and enjoyed by other men. And are
We n0w in the face of these adudicatons, (waiFing
the emotions of justice, humanity, and sympathy
to pronounce these solemn muniments Of title,
hedged in and made invioable by the Constitution
to be nullities and to afford no protection to those


to whom they have been granted and allowed, ac
cording to ali the formates Of the Courts and the
/ law. l cannot and viii not believe, until the vote
advises me so. that this body viii consider that Con-
stitution Of no more binding elect than to be bro
/ ken thus by every pTejudicial excitement


Our act of 1915, chapter 49, provides, that call
DEEDS duly registered should be valid, and pass
tates in land. Shall ire now say, with full know
| ledge of the probable Judgment Of our Supreme
Court that such d:sd shall not pass any estate to
/ free negro? Shall we declare upon our statutes,
that the highest judicial authority Of the State si


tfed itself in the decisions quoted, when it declar
the rights of free negroes under deeds, wills, de-
! crees and Judgments


Our act of 1854 sec l. c. % says that a will duly
executed, shall be good and sufficient either in law
or equity to convey or give any estate, in lands,
! tenement or orheredtaments. Shall we now say, that
such will, in favor Of free negro shall not be
good and sufficient to pass estates?


I l deem it inexpedientIto transgress the time of
this intelligent body, by further discussion Of the
constitutional questions involved in this debate for
if there is Senator who is rot satisfied, that this
bill clearly violates the Constitution lmust say with
all due respect and personal courtesy. that he must
be as the Genties Of old, who knew their God, but
worshlpped him not as God


4 That cons sttutions, should be 10 Legislators the
Boaz and joachim of our political strength supporting
\ the fabric Of our political globe that the fires
| Of passion, nor the floods Of tanateal prejudice,
should never prevail against tEese pillars of power.
4 If l could waive all constitutional scrupes If /
could OYerleap its halOwed precepts and obligatory
powers if l launch out into a speculative sea Of
! nnthoughted experiment, aud risk the breakers
which might meet us IN this chartless ocean of trOu
! bic should still refuse my sanction Of this measure,
on purely expedient grounds IL it were constitution
1 I'll.
! most bitter arrow of affetiOn ever drawn from the
heart Of any people. If these restrictions are inn
posed, where are these people to go, and what are
| they to do You had as well decree them, without
I the penalties and agOnies of q natural DEATH into
| the charne house Of DEATH transport them to
/ Africa And if this mandqte of accommodation,
is issued from this capital how are the means pro-
vided for their remOyaly You cOnhscate their prop
erty at the mercy of public officers, who SELL with
| out Judgment care the property OF such as are
fortunate enough to have accumulated pittance BY
! industry and honesty You cast the remainder,
who have not been able, under the stringent require
ments of family supports and expenditure to accu-
mulate property, into market to be leased out, ike
cattle at the mercy Of the public. The greater por
| ton Of them having heard of the dark stories Of
| deathsand disease, which continually reach them
from their friends in Africa, would prefef to seek
the asylum from this hurricane of death and woe.
we have graci0usly offered them IN our legislative
| mercy. voluntary seryitude =


They could not seek homes and sHccoF in the states
/ of our abolition neighb0rs for although they will
steal and entice our slaves and convey them to Can
ada and often take them as gentlemen, into the Dos
Of their families they have not sympathy Tor the
degraded free negroes. but turn their hands upon
/ them as Ishmaehtes. Then, they must either go TO
Africa the land of serpents and fatalities, Of climate
/ and disease, or they must adopt the happy liberty
4 of selecting their masters


! The most Objectionable part of this bill after the
questions of right are disposed Of Is the manner IN
/ which they 90 in8 servitude. The negro selects
/ his own master. and is ever afterwards exempt
from execution or attachment for his master debts
and that master pays into the Treasury one-haf his
] value. Have Senator's reflected on the Practical
bearing and effect of this objectionable feature-the
deeteriOus influence it would engender in the conf
| munty-and the unfortunate bearing It woutl have
upon our slaves? BY the present law, if executed
a free negro cannot entertain slave upon the Sab
bath day nor between the setting and the rising sum-
vet as soon as he assumes the trammels OF
! slave bv the formal selection of a master, he Is
then authorized to mingle at all times with them
and who win doubt that he win then avail himself
OF all newly acquired privilege of association, and
breathe into the minds and ears of his slave assOci
ates all the bitterness Of soul and embittered feel
ings which the deprivation OF his former liberty has
| aroused in his bOsOml


This exemption from sale for the debts # the
master; and this liberty to select the master AID
this sugar coated" provision, which requires half
the value only to be paid, are all balms cast IN to
heal the wounds of the free negro. and tempt him
| into servitude And l ask every candid man, who
| will be the parties selected by these negroes for
| masters? In most instances, the negroes knowing
these facts viii select the man whose lnclnatons,
sympathies and prOcllvltles are Of an abolition ten
dency-who will indulge them in all the whims and
caprices in which they may see proper to indulge
thus rendering their influence far more banetul, and
! their example ten-fOld more obnoxious, than when
/ in thcir present state of freedom among u.s. ii we
have the right to sell them into bondage, and If pub


lie necessity demands such step let j. be into ab-
/ soute bondage, without the gaudy trappings
thrown around this bill to delude US into its sup
port think it far preferable. that all those who
are here since the act of 1881 illegally. should be
removed that no others should be allowed to come
to the State nor should others hereafter be per-
mitted to be emancipated, without means appropri-
ated for their immediate removal out Of the State.
These views are Incorporated IN the bill Of DIR.
Peters they are not in conflict with the COnstl-
tution they would accomplish the removal
of a number Of the most obnoxious ones; they
violate no former constitutional contracts, and
if executed viii meet the desires Of the pubic who
as a mass do not desire their illegal coercion from
the State.


And. now. Mr.. Speaker, shall approach the third


reason why cannot give this bill my support The


ordinary instincts Of right and justice revolt ct its


provisions Sneers have been cast at the opponents


of the bill for their manifest sympathy for the ne


gro race during the discussion as if ridicule and
sarcastic smiles could intimidate those who have


hearts and souls, from the honest avowal Of their


conscientious convictions. have lived long enough
I believe that success aIlC NlELUt cAuOl
except through the sneers of the envlOus. ] am


convinced that no man can overcome the barriers


which meet him in his journey Of life, until he


learns to conclude that IN every smile Of rdicule
which is east upon him, there IS token of peace
That have been blessed with large share Of SYM
pathv in ny organization. no one who knows me


well will doubt Il may be a weakness, and is
/ considered so by the sterner natures with whom
mingle. but I would not exchange that tempera-
. I Tnent for the crown of an Emperor. baye never
, I q snnfrr IN
sad heart when witnessed his woe Ihave neverwit


messed a tenderhearted child in pain, that did not


particpate in its suffering have never looked at


The bri1v tear trickle down the cheek of a dear
, woman that did not feel the tear-drOp coursing
down NV own cneek also And now. / can't see


leoisative enactment drive out of the country, by
, tearing into atoms the Constitution which is the


basis Of that country, class Of degraded and mis-


cradle nuisanees- made such BY that Constitution


and bv the laws enacted in obedience thereto-with


ont involuutarly feeling that degraded and wretch


as they arc they assumed this status by our indis


erect legislation: that they have souls TO save ant
should not be torn away ruthlessy, Inexpedientll


sold among or driven, as the brutes Of the field


into the shambles Of Africa or the negro specula
4 tor.


We have not the constitutional right and it is in


expedent TO exercise the physical right 70 take TIN
r inhuman step And, although. the power to do S.
D is within our reach, let me admonish YOU that w
e. should not be bloody PharaOhs for, If we persist
a we may be enguphed in that turbid water Of Tlii
j. and death, into which we are driving our defense


less interiors; whilst they, under the burden. MAJ
pass through the highway Of the great Red sea


into haven of rest by the direction Of that Prov
r dence who revealeth to every son Of Adam (nclud
L ing TINS degraded Hamitcal race the highway Z
:. eternal rest WEat have they done that suddenly
E, they deserve the Total withdrawal OF cleheAey
Z Have thew been concoetng a rebellion on insurree
d ton! Was not he first martyr, IN the late auair a
e. Harper's Ferry a free negro brakeman. Are no
10 the laws Of the State stringent enough 20 pun