"And the Lord said unto Moses and Aaron, this is the ordinance of the passover: there shall no 'stranger eat thereof: "But every man's servant that is bought for "money, when thou hast circumcised him, then 'shall he eat thereof. "A foreigner and a hired servant shall not ' eat thereof." Now, sir, here are two instances, where, under the express direction of God, slavery has been recognized and incorporated with two distinct institutions and, in one, the bondman, to the express and positive exclusion of the hired ser vant. We have now seen the practice of slavery, and let us see if we can find the privilege. Turn then sir, to the 21st chapter of Exodus, from the 1st to the 7th verse, and you will find, the children of maid servants went with their mothers. "2. If thou buy a Hebrew servant, six years he shall serve: and in the seventh he shall go out free for nothing. "3. If he came in by himself, he shall go out 'by himself: if he were married, then his wife shall go out with him. " 4. If his master have given him a wife, and 'she have borne him sons or daughters, the wife ' and her children shall be her master's, and he shall go out by himself. "5. And if the servant shall plainly say, I 'love my master, my wife, and my children; I 'will not go out free: "6. Then his master shall bring him unto the 'judges: he shall also bring him to the door, or unto the door-post: and his master shall 'bore his ear through with an awl: and he shall 'serve him for ever.' I presume now, sir, after reading these verses, that no one under the influence of right reason, will pretend to say that the Jews, under this law, had no right to purchase, and own, and hold slaves-the Hebrew, till the year of jubilee, and the heathen and stranger forever, or for life, and to entail them upon their families as an inheritance. All admit, that under this law, the Jews had a right to own slaves, bondmen and bond-maids. Some say the Jews had a right to hold them for life, and transmit them to their children, but that we have no such right, the law having been long since cancelled or repealed. If it has, I do not know when or where, or how, or by what authority; but if it ever has, it devolves upon the opposition to show it. Here is a perfect right until a better one can be shown. I believe it is a principle universally acknowledged, and one established in all our courts, that in every suit of ejectment, the complainant has to prove his title good before he can recover, whether the occupant has any right or not. And it does seem to me sir, unless the emancipationists can show some law equal in dignity and authority, some express statute of Jehovah, or some act of the creature by which this express privilege granted, has been, either by operation of law, abrogated, or by statute repealed, they shonld forever after hold their peace. But more of this sir, after a little. Others say, the privilege here granted to purchase slaves or bond-men, and hold them forever, means, and never meant anything more than that they might buy them and hold them, till the year of jubilee. That forever and jubilee mean one and the same thing, or that they are synonymous terms. This idea sir, I think will prove to be very absurd if you will look for moment to the 29th verse of this same chapter. Turn then, sir, to the 25th chapter of Leviti-a cus and read from 39th to 47th verses. "39. And if thy brother that dwelleth by thee 'be waxen poor, and be sold unto thee; thou 'shalt not compel him to serve as a bond'servant: "40. But as a hired servant, and as a sojourn'er he shall be with thee, and shall serve thee 'unto the year of jubilee: "41. And then shall he depart from thee, both 'he and his children with him, and shall return ' unto his own family, and unto the possession ' of his fathers shall he return. "42. For they are my servants which I 'brought forth out of the land of Egypt; they shall not be sold as bond-men. "43. Thou shalt not rule over him with rigour, but shalt fear thy God. 44. Both thy bond-men, and thy bond-maids, 'which thou shalt have, shall be of the heathen that are round about you; of them shall ye buy 'bond-men and bond-maids. "45. Moreover, of the children of the strangers that do sojourn among you, of them shall ye buy, and of their families that are with you, ' which they begat in your land; and they shall 'be your possession. "46. And ye shall take them as an inheritance 'for your children after you, to inherit them for a possession, they shall be your bond-men for 'ever; but over your brethren the children of Israel, ye shall not rule one over another with ' rigour.' Let us read: "29. And if a man sell a dwelling house in a walled city, then he may redeem it within a whole year after it is sold; within a full year 'may he redeem it. "30. And if it be not redeemed within the space of a full year, then the house that is in the walled city shall be established forever to him that bought it, throughout his generation: it shall not go out in the jubilee." And what do we find here sir. Not that jubilee and forever are synonymous, or mean one and the same thing, but the contrary. It expressly declares that if a house in a walled city be sold, it may be redeemed within a whole year, but if not redeemed within a year, it shall positively be the property of the purchaser forever-it shall not go out in the jubilee, so that I think the question, that jubilee and forever, in this connection, are not synonymous, and do not mean one and the same thing, should now be considered as settled. But, to prove still more clearly, and if possible, that the bondmen here named, purchased of the heathen and the stranger, did not go out in the jubilee, but were to continue the property of the masters forever, I beg leave to read from Matthew Henry's note on these verses, which reads as follow: "That they might purchase bondmen from the heathen nations round-about them or of those strangers who sojourned amongst them, (except of those seven nations who were to be 'destroyed)-and might claim a dominion over them, and entail them to their families as an 'inheritance. For the year of jubilee should give ' no discharge to them.” Again, you discover one thing very plainly here from this 39th verse of Leviticus, that no 20. Let every man abide in the same calling 'wherein he was called. "21. Art thou called being a servant? care not 'for it; but if thou mayest be made free, use it 'rather. "22. For he that is called in the Lord, being a servant, is the Lord's freeman: likewise also "24. Brethren, let every man, wherein he is 'called, therein abide with God." 6th chapter, 5th, 6th, 7th, 8th, and 9th verses, Again: Paul, in his epistle to the Ephesians, says: 5. Servants, be obedient to them that are 'your masters according to the flesh, with fear and trembling, in singleness of your heart, as 'unto Christ; "6. Not with eye-service, as men-pleasers; but as the servants of Christ, doing the will of God from the heart; Lord, and not to men; "8. Knowing that whatsoever good thing any man doeth, the same shall he receive of the Lord, 'whether he be bond or free. them, forbearing threatening: knowing that "9. And, ye masters, do the same things unto your Master also is in heaven; neither is there Again: Paul, in his epistle to the Colossians, 3rd chapter, 22nd, 23rd, 24th, and 25th verses; says: Israelite or Jew was to be made bondman or slave for life, and why? Because it was of Shem, through the Jews, concerning the flesh, Christ or the Saviour was to come, as he did, and as was shown in the remarks concluded on Saturday. And hence the importance that no Jew should be sold as a bond servant forever, or for life, as in this way the nation would have lost its identity, as they would have been sent, in this condition all over the world, as the Africans, the descendants of Ham have been; and mixing as slaves with the descendants of Ham, in every age of the world, they would have so amalgamated as to destroy the identity of both nations, which would have defeated the intention of the God of heaven, to-wit: to keep the line of three distinct races of beings-to show in all time to come the exact fulfillment of the prophetic denunciation of Noah, in 9th Genesis, not only of the curse of Ham, but the blessing of Shem and enlargement of Japheth, which never could have been done if God had made common slaves, or slaves in common of the children of more than one of them; and hence the prophecy concerning each was differ-respect of persons with him." ent, and has been executed, and can and will continue to be, just as it has been under this arrangement in all time to come, or the setting up of a new dispensation. This is God's 22. Servants, obey in all things your masters and this is his plan, as appears from the evi-according to the flesh; not with eye-service, as dence adduced, for reasons unrevealed and un- 'men-pleasers; but in singleness of heart, fearknown to us. Read again the 46th verse. Now 'ing God. you see here is a positive law, granting the priv-to the Lord, and not unto men; 23. And whatsoever ye do, do it heartily, as ilege in so many words, to buy and hold slaves for life, or forever. But notice sir, it tells who you are to make slaves for life. Now, sir, there is a very important question just here, one which I think may shed some light on this subject, and it is this, sir. Do you believe the provision in the 39th verse of this chapter, that no Israelite or Jew was to be made a bondman for life, that they were to serve six years, and go out in the seventh? I ask, sir, do you believe this? If you do, sir, you are bound to believe the provision contained in the other, to-wit: that they might buy bondmen of the heathen and strangers, who were to be slaves forever, and be transmitted from generation to generation, or until at least the setting up of a new dispensation, for the law that establishes the one grants the other. Sir, this view is clear to my mind, and the conclu. sion inevitable, to-wit: that the prophecy of Noah was of God, and its fulfillment of God-chapter, 9th and 10th verses, says: and that the curse of Ham was slavery to the latest generations. purpose, Now this certainly settles the question, and I will so consider it, unless some more authoritative law is found to inhibit it; for here is the privilege to purchase, to hold, and transmit to your families after you. But 'tis said that the New Testament is against it. Let us see if this be true. "24. Knowing that of the Lord ye shall receive the reward of the inheritance: for ye serve the Lord Christ. 25. But he that doeth wrong, shall receive for the wrong which he hath done: and there is respect of persons." 'no Again: Paus, in his first epistle to Timothy, 6th chapter, 1st and 2nd verses, says: "1. Let as many servants as are under the yoke count their own masters worthy of all honour, that the name of God and his doctrine be not blasphemed. " ren; "2. And they that have believing masters, let them not despise them, because they are brethbut rather do them service, because they are faithful and beloved, partakers of the benefit. These things teach and exhort." Again: Paul, in his epistle to Titus, 2nd 9. Exhort servants to be obedient unto their own masters, and to please them well in all things; not answering again; "10. Not purloining, but shewing all good fidelity; that they may adorn the doctrine of God our Saviour in all things." Again: Paul, in his first epistle to Peter, 2nd chapter, 18th, 19th, and 20th verses, says: 18. Servants, be subject to your masters with 'all fear; not only to the good and gentle, but Paul, in his letter to 1 Corinthians, 7th chap-'also to the froward. ter, 20th, 21st, 22d, 23d and 24th verses, says: "19. For this is thank-worthy, if a man for 'conscience toward God endure grief, suffering 'wrongfully. 20. For what glory is it, if, when ye be buffeted for your faults, ye shall take it patiently? but if, when ye do well, and suffer for it, ye take 'it patiently, this is acceptable with God." the neglect and total abandonment of all justice, mercy, and truth! It is too bad. Sir, to impute such a motive to such a being, on such a subject, is infamous; it is blasphemous in the extreme. I know men, sir-I speak nothing invidiouslywho have said-and I have heard of their exWhy did Paul send Onesimus home to his pressing the sentiment-teach them to bemaster, stating that he hoped he who had lieve that God and religion tolerated and estabhitherto been an unprofitable servant, would lished slavery, and they would renounce it, and now be profitable? Why did he not say to forever after go against it, and the principles it Philemon that slavery was wrong, that it was inculcates. Sir, this shows that the object such a sin, that it was a thing which God abhor- an one would have in ascertaining the will of God, red, a corroding cancer on the body politic, would not be to execute and carry it out, but to and would certainly destroy it if it was not see how far he can make it subserve his own healed? Why, I ask, if slavery be the evil peculiar views. But, sir, convince me that God complained of in the article read from the the Father, God the Son, and God the Spirit, all Examiner, did Paul not tell Philemon that he in one, would for thousands and thousands of had best set Onesimus free, and turn abolition-years, in every age, and under every dispensaist. Why, I ask again, sir, if slavery be, in "all tion of religion, and amongst all nations, permit its parts" evil, and in all its tendencies, conse-an institution so outrageous as the one of slavequencies, and effects ruinous, and in itselfry is represented to be by our opponents. I contrary alike to the laws of nature, reason, confess it would shake my faith. Sir, I do and revelation, is it that our Saviour did not, I cannot believe it. not condemn and abolish it. His mission was Now, sir, I have gone through, in my crude love, his object to condemn sin, and redeem men way, with this whole subject, and I have shown, from its bondage. He did it in every other, I think, that God did ordain and establish slavewhy not in this? Was it because the sin of ry by the prophetic denunciations of Noah and slavery was too small a matter? Oh no. Why, if his son Ham, and his posterity, in the very dawn what the emancipationists say be true, it is of time. I have shown that he permitted Abrathe greatest sin in the world. What sir, take ham, Isaac, and Jacob, all to have hosts of slaves, your equal, and vi et armis, drive him off into the while in full fellowship with Him and with one lanes, and ditches, and gutters, and dens, and another. I have shown that God authorized the hog wallows, and chains, and drag, and drive, Jews, through Moses, to purchase with money, and whip, and cut, and beat, and rob him of his and hold slaves forever. I have shown, also, liberty and his property; why 'tis the worst sin that he incorporated it with the institutions of in the world. Why then sir, did not the blessed the passover and circumcision, thus identifying Redeemer condemn it; and do it in a manner it with, and incorporating it in, both Patriarchnot to be mistaken? Was it because his sympathy al and Jewish dispensations; showing, clearly was not as great as that of the abolitionists, or and conclusively, that slavery is not, as is conhis love of truth and justice weaker? Sir, his mis-tended by the opposition, contrary to, but comsion was love, love to each, and love to all. If patible with, the law of God, and consequently he loved all alike, why then would he leave any cannot be a sin in his sight. Sin being an inin bondage who were entitled to their freedom, stitution or act contrary to, and in violation of, when his great, governing principle was, "ren-God's holy law, and God having ordained and der unto Cæsar the things that are Cæsar's; established slavery, it cannot be immoral, either and unto God the things that are God's." Sir, if in its institution or tendency. A bad tree canslavery be the thing assumed, the course pursued not bring forth good fruit, nor can a good tree by our Savior is wholly irreconcilable, to my bring forth bad fruit. I have farther shown that mind, with his mission, his life, his death, his it is not the use, but the abuse of slavery that resurrection, his religion, or his attributes. He brings wretchedness and ruin; that where slavecame to do the will of his father, and if slavery ry abounded and was properly regulated, prosbe a thing that God abhors, it seems to me, sir, perity did much more abound and continue,he would certainly have abolished it, especially thus clearly showing and establishing what was as it would have been an end so easily accom- to be proven-that slavery is neither a sin in plished by one who said "let there be light, and the sight of God, a great moral evil, or detrithere was light." But it is said by some, but I mental to the best interests of a state; that it has think falsely said, that he could not have estab-existed in every age of the world since the flood, lished his kingdom if he had interfered with and has been incorporated with every dispensathe domestic institutions of that day; and that tion of religion-Patriarchal, Jewish, and Chrisfrom motives of policy, or fear, he did not do it though his head, his heart, his father, his religion, and all was against it. Sir, did you ever hear such an infamous and blasphemous sentiment! The king of glory, actuated by a principle of fear, or governed by motives of policy! He who spake as never man spake! He who in the beginning was with God, and was God! He by whom, and for whom, all things were made, and without whom was not any thing made that was made, governed in a great question like this by a principle of policy, to tian. And then, on motion of Mr. CLARKE, the was granted for it to sit again, and committee rose and reported progress. Leave The convention adjourned. TUESDAY, OCTOBER 16, 1849. Prayer by the Rev. Mr. LANCASTER. REPORTS FROM COMMITTEES. Mr. WICKLIFFE, from the committee on the court of appeals, made a report as an amend ment of the report heretofore made from that committee, which, on his motion, was referred to the committee of the whole and ordered to be printed, as follows: SEC. 5. Line 2, after "state," add "by counties." SEC. 5. Line 2, after" districts," add "as nearly equal in voting population, and with as convenient limits as may be." SEC. 13. Add the following: "provided, that when a vacancy may occur from any cause, or the clerk shall be under charges upon information, the judges of the court of appeals shall have power to appoint a clerk, pro tem, to perform the duties of clerk until such vacancy shall be filled, or the clerk acquitted." Add the following: SEC. 15 "All elections of judges of the court of appeals, and the clerks thereof, shall be by ballot.' Mr. BRISTOW, from the committee on the county courts, made a report which was referred to the committee of the whole, and ordered to be printed, as follows: ARTICLE. SEC. 1. There shall be established in each county now, or which may hereafter be erected within this commonwealth, a county court, to consist of a presiding judge and two associate judges. SEC. 2. The judges of the county court shall be elected by the qualified voters in each county, for the term of four years, and until their successors shall be duly qualified, and shall receive such compensation for their services as may be fixed by law, to be paid out of the county rev enue. SEC. 3. At the first election after the adoption of this constitution, the three judges shall be elected at the same time, but the associate judges, first elected, shall hold their offices for only two years, so that, thereafter, the election of the presiding judge, and that of the associate judges, will not occur at the same time. SEC. 4. No person shall be eligible to the office of presiding or associate judge of the county court, unless he be a citizen of the United States, over twenty one years of age, and a resident of the county in which he shall be chosen one year next preceding the election. SEC. 5. The jurisdiction of the county court shall be regulated by law, and, until changed, shall be the same now vested in the county courts of this commonwealth. they may be elected, next preceding the election. SEC. 7. Judges of the county court, and justices of the peace shall be conservators of the peace. They shall be commissioned by the governor. County and district officers shall vacate their offices by removal from the district or county in which they shall be appointed. The legislature shall provide, by law, for the mode and manner of conducting and making due returns of all elections of judges of the county court, justices of the peace, and constables, and for determining contested elections; and also provide the mode of filling vacancies in these offices. SEC. 8. Judges of the county courts, justices of the peace, and constables, shall be subject to indictment for malfeasance or misfeasance in office, in such mode as may be prescribed by law, subject to appeal to the court of appeals; and, upon conviction, their offices shall become vacant. Mr. GHOLSON, from a select committee, as its chairman, made the following report, which was referred to the committee of the whole and ordered to be printed: ARTICLE. SEC. 1. Within five years after the adoption of this constitution, the legislature shall appoint not less than three nor more than five persons learned in the law, who shall revise, digest, and arrange the statute laws, civil and criminal, so as to have but one law on any one subject, to be in plain English, in such manner as the legislature may direct; and a like provision shall be had as often as shall be found necessary. SEC. 2. Each law passed by the legislature shall embrace but one subject matter, which shall be expressed in the title. SEC. 3. Every amendment of a statute shall include that part of the old statute intended to be retained, as well as the amendment or addition thereto. SEC. 4. The legislature, at its first session after the adoption of the new constitution, shall provide for the appointment of at least three persons learned in the law, whose duty it shall be to prepare a code of practice for the courts in this commonwealth, by revising, abridging, and simplifying the laws in relation thereto, and report the same to the legislature for their adoption and modification from time to time. SEC. 5. The mode of taking evidence in this commonwealth shall, in all civil suits, be uniform and the same, and each party shall have the right to make a witness of the opposing party. Mr. GHOLSON, from a minority of the same committee, asked and obtained leave to make a SEC. 6. The several counties in this state shall report differing in some of its details from the be laid off into districts of convenient size, as report of the majority, with which he said he was the general assembly may, from time to time, di-unable to agree. On his motion it was referred to rect. Two justices of the peace and one consta- the committee of the whole and ordered to be ble shall be elected in each district by the quali- printed, as follows: fied voters therein. The jurisdiction of said officers shall be co-extensive with the county.Justices of the peace shall be elected for the term of four years, and constables for the term of two years; they shall be citizens of the United States, twenty-one years of age, and shall have resided six months in the district in which ARTICLE SEC. 1. At its first session after the adoption of this constitution, the legislature shall appoint not less than three nor more than five persons learned in the law, whose duty it shall be to revise and arrange the statute laws of this com monwealth, both civil and criminal, so as to have the elder gentleman from Nelson, (Mr. Hardin,) but one law on any one subject. got the floor, and I had not the opportunity of SEC. 2. And, also, three other persons learn-making the remarks I desired. I concur in what ed in the law, whose duty it shall be to prepare a code of practice for the courts in this commonwealth, by revising, abridging, and simplifying the rules of practice, and laws relating thereto all of whom shall, at as early a day as practicable, report their labors to the legislature for their approval, amendment, and adoption. A like revision of the statutes and rules of practice shall be provided by the legis-there can be no dissent from the proposition lature every years. SEC. 3. When the legislature shall amend a statute, the whole of such statute, as amended, shall be published. was said by that gentleman with one exception, and I do not at present intend to discuss the merits of the resolution of the gentleman from Henderson, except in part, as I understand it is to be amended. I am extremely anxious that we shall all come to an agreement on this subject, and to such a one as will not go out to alarm the people of the commonwealth. It is true that we ought not to interfere with the vested rights of the citizens of Kentucky. Yet, however alarming it may appear at first blush, I have not the most remote doubt that we have the SEC. 4. No law passed by the legislature shall power to interfere with those vested rights, so far embrace more than one distinct object, or sub-as respects the slave property of the commonject matter, which shall be expressed in the wealth. hope the day will never come-it certainly has not now come-when there will be a disposition to exercise this power, either by us or by those who may come after us. title. SEC. 5. No petition or declaration shall ever be made necessary to the issuance of process, on accounts or notes for the payment of money or property. SEC. 6. No civil suit shall be dismissed for this debate, in relation to the influence of the There have been two propositions assumed in Federal Constitution on this subject of slavery, to read some authorities. There has been an opinion expressed here, that the constitution of 1792 and 1798, was a contract between the citithey should hold slave property, and that therezens of, and the government of the state, that lack of technical form or specifications; but ev-upon which I wish to express an opinion, and ery citizen shall have justice freely without sale, promptly, without denial or delay, and a trial upon the merits of his case. To this end, the legislature, at its first session after the adoption of this constitution, shall provide one general form of action in which all civil suits shall before it was guarantied by that provision of the constitution of the United States, which sebrought. cures the inviolability of contracts. I do not I do not think that is a correct doctrine. believe that the tenure of our slave property is held in any way under prohibitions or grants of power in the United States constitution, except so far as the provisions of the constitution in der a title, either legal or equitable, shall quiet SEC. 8. Seven years peaceable possession un-regard to runaway slaves, and one other similar the titles of the occupants of lands in this com SEC. 7. In all civil suits the witnesses shall be examined orally, and in open court, except in such cases as, from necessity, the legislature shall otherwise order and direct; and either par ty shall always have the right to make a witness of the opposing party. monwealth, as to the adverse claim or claims of all and every person or persons-infants, idiots, and persons of unsound mind excepted. LEAVE OF ABSENCE. sider a constitution, any more than a law, to be a matter, may be connected with it. I do not concontract. Is every law we pass a contract bethe constitution is nothing more than law. It is tween the government and the citizen? And supreme, and other law yields to it as inferior law, but still it is a mere law, and rule of action prescribed by the sovereign power. It is a sovereign law in its sphere of action, and where it is not restrained by constitutional power supeThe PRESIDENT announced that he had re-orto it; but whether it be constitution or law, there ceived a note from the delegate from Franklin are no rights of contract arising from it. If that county (Mr. Lindsey) stating that he was de- was the case, then the repeal of the law would tained from his seat, without leave, by the ill-leave all the rights under it just as if the law On the motion of Mr. JAMES, leave of absence was granted to Mr. Talbott until to-morrow morning. ness of his father. SLAVERY. was not repealed. And if we concede that slave property in this country is regulated by, or held in any manner under the federal government, The resolutions offered yesterday by Mr. Dix-what does that concession amount to? It is the on, affirming the inviolability of slave property, came up as the unfinished business. Mr. TURNER resumed the discussion, and spoke as follows: Mr. President: When the gentleman's resolution was read yesterday morning there was such confusion here that I did not at once draw the distinction between the propriety of doing what he desires, and the power of doing it, and I therefore said that I hoped the vote would be taken immediately, for I am sure that not a member wishes to interfere with the right of property. After it was read a second time, very concession that the wildest advocate of abolitionism desires us to make for them. Instead of the institution being entirely under the protection of our own laws and regulations, it would be entirely under the control of the federal government. It may be said that there are guaranties with regard to it under the federal constitution, but are we not increasing the free states to such an extent that soon two thirds of the Union will be free states, who could at any moment attack those guaranties by way of amending the constitution, and take our property away from us. That would be the goal to |