American citizen. [volume] (Canton, Miss.) 1851-1863, 1865-11-02
Negro Testimony.

our opinion upon that subject. We at
tempted in our article, headed "Slav
Labor" in that issue to call the attenlo
Of the peoples Representatives to the i'm
portance OF constructing some labor system
by which our devastated and ruined plan
tations, now grown up in weeds and sedg
grass. might again be cultivated; and We
sincerely trust that our admonitons vii
be seriously considered by those who oc
cupy the position-the honorable position
of the Peoples Representative.
We now propose to discuss another
question of very grave Importance to the
people Of the Southern States, viz
whether the Legislature of this State
shall by law, confer upon the colored
population the ght to testify in all caus-
es in our State Courts. We say that
it is an important question to the people
of the Southern States, for the simple
reason, that in our opinion. their future
welfare is directly and intimately con-
nected with it. We write as a matter of
course for what we conceive concerns US
most directly; but the interest of our
State, is, we conceive, the interest of
every other Southern State, heretofore and
formerly owning property in negroes as
slaves.
The proposition, as we now understand
it, is 10 make negroes in all cases in
which they are concerned as parties. and
in all criminal cases competent witnesses,
their creiiJaity. like the credJaity Of all
other witnesses to be determined by the
jnry trying the cause,
We are opposed to permitting negroes
to testify in our courts, except upon the
terms now allowed by law to free negroes,
for it is impossible TO make anything out
Of the Freedman. except that he is
Free Negro, and why he should be made
TO occupy higher position. as a witress
before the courts of the country, is some
thing strange to US. In all matters in
which negroes are concerned, whether il
be in the Common Law, Chancery or
Criminal Courts of the State, we say
that, in our view Of their changed con,
dition, it would be right to permit them
TO testify but in 10 case in which a
white is concerned, do we think it would
be right or proper. unless it can be shown
that the public 'e!fre imperiously de-
naDds it.
But, it is said that the recent amend
ment to the Constitution is mandatory
upon the Legislature, in relation to this
question. Let US examine that point |
The amendment alluded TO declares that,
"The institution Of slavery having been
destroyed in the State Of Mississippi, |
neither slavery or involuntary servitude,
otherwise than in the punishment Of
crimes, whereof the party shall have been
duly convicted, shall hereafter exist in
this State; and The Legislature at its next
session, and thereafter, as the public vel.
fare may require, shall provide by law
for the protection and security Of the per-
son and property Of the freedmen of this
State, and guard them and the State
against any evils that may arise from
their sudden emancipation"
Now it will be seen that the Legisla.
ture is simply required to pass such laws
as will protect and secure the person. and
the property Of the freedmen of the State,
and unless it can be shown that in order
10 do this, it is necessary to make them
witnesses 10 courts Of law in all cases, it
follows that the amendment above, which
va have quoted, does not compel the
legislature TO do so, and in our opinion
'uch an act on their part would be uuau-
horned, and at war with the principles
which underle the social compact.
We think that, in view Of the action of
he Convention. and Of the accomplished
act that negro slavery no longer exists in
be Southern States, the freedmen should
lave the right TO contract and be con
raeted wilh-and, as q necessary in
ident, the right to enforce his contracts
y suit 10 all the courts Of the country,
'here such contracts may, BY Law, be
This is as far as, 10 our Opin-
on, the Legislature should 90 al this {