The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-12-06
AFTERNOON SESSION

= y.
AFTERNOON SESSION.
The senate met at two o'clock
The PRESIDENT. pro tenn announced the
consideration of the special order for this hour,
viz: Mr.. Woods bill. ;. No. 210, defining who
shall be competent witness in any court i'm
this State-alI pei ;0ns. without distinction Of
color-being on the third reading.
Mr.. BROWN, of Wells, from a minority Of
the Committee on Rights and Privileges to
which this bill was referred. submitted mi
noriiy report, arguing the question. and clos
ing with a recommendation that the bill lie on
the table.
IL Is as follows:
MIR. PRESIDENT: The under signed. Of the
Committee ON Rights and Privileges of the in.
habitants ofthe state. begs leave 20 submit the
following minority report upon senate bill No.
2l9.
The bill contemplates such change of the
existing law in relation TO witnesses a. will
permit Indians and Negroes 10 testify. with
out any restrictions in the Courts Of this State
60 far rs the former race j. concerned the law
would have hut little practical effect. and il
probably was not suggested by any cOnsidera-
tons In behalf Of that fast recedng but inter-
esting people. The philanthropy that could,
through so many long years. sleep over any
rights that might be deemed to have been
withheld from the red man would not now
awaken to 50 kees "A sense of his supposed
consider the bill with reference only TO the
negro.
or the five different races into which the hu-
man family has been classified, The Caucasian.
or white race, presents the highest type Of
man, and the Ethiopian, or black race, the
lowest Ii Is in this lowest class that the ne
gro l. found. Considering the question Of his
/ inferiority a race, an eminent English au-
thOrity holds the following language:
"While numberless European and Asiatic
nations have attained TO high state of ciyil-
zatiOn, they, the negroes continue with
few exceptions, In nearly pumeval barbar-
ism. IL II in vain to pretend that this is the
result Of the unfayOrable circumstances I'M
der which they have been placed. An intel
lisent, enterprising people contend against
unfavorabie circumstances under which they
are placed and make them become favorable;
but the Africans, with she questionable excep-
ton OF the ancient inhabitants of the Nile,
have never discovered any considerable
degree of enterprise or invention. or any wish
10 distinguish themselves either in acts arms.
From the remotcst antiquity down 10 the pres
ent day they have been hewers of wood and
drawers Of water for others, and have made
little or no progress; and the only legitimate
inference from this heightened introduction
seems 90 be that they are Incapable OF making
it,. Brande's Ency. OF Science, LIT. and Art,
p. s2J. But il needs not this eminent authOri-
" 20 establish the inferiorty Of the negro;
science, history. society. his own independent
Efforts and common consent, all combine TO
pronounce him inferior TO the white race.
socially, morally and Intellectually.
When the foundations of our government
We're laid, the negro occupied a status i'm the
country Of established inferforitv, which grew
out Of. and was based upon, the recognized
natural inferiority alluded 10. IIeeXistcd here
only in state Of slavery. This status Of slave
being inconsistent with. and repugnant 10. that
of citizen. the presumption l. afforded that the
trainers Of the Constitution of the United
states did not intend negroes 10 be included in
the provisions contained IN that instrument
relating 10 citizens. Indeed. some Of the pro-
visions Of the National Constitution indicate
that the negro was t. be excluded from all
participation in the political rights therein
granted: or. if any doubt Of this could exist,
the legislation Of the first Congress under that
Constitution. Of which Congress many Of the
trainers Of that instrument were members
and subsequent legislation exhibits n cardi-
nal principle, or idea, that this government
was established for the white race. aud 10 the
exclusion of the black race. or negro
Looking ut the constitution and legislation
Of our state. we find this idea even more
prominently indicated. The present state con-
stitution. 70 give il effect prohibited the immi-
grafton Of negroes into the state. In accord
ance with il we ind the negro denied any and
all privileges the enjoyment OF which might
break down this distinction Our State legis-
lation from the earliest period 10 the present
time. IN relation 10 the subjcct contemplated
by the bill adapting itself 20 the idea mention.
ed. has prohibited negro testimony IN all cases
where the interests Of the white race alone Is
involved. If doubts could be entertained Of
our state legislation being adapted 10 the idea
that this l. the white mans government. they
must certainly Weld 10 the fact that in 1864
there Wa> an omission in legislation upon the
subject u negro testimony. which omission the
Yer, next session Il the legislature FASTENED
10 supply.
Prom thi, brief glance n the hi>tor, Of our
governments, both national and state we are
uIaWn tq The conclusions which conclusions
tan bui become irresistible upon closer and
i'll'I Examination q that history that those
governments are governments II The white
rare and that til was the design oftheir Trainers
amt legislators 60 erect an insurta>Sahle bar.
Her D. twcen the black and white races. Most
',f''i"lt u' These conclusions apply 70 our
>tue government. While II wa, designed n
r III '9e n,sFo certain rstricred ,Omicil
Nltllh thc borders 81 Cur state. and PRIVILEGES
a. between himself and Ia fellow black il
Wa most certainly designed that he should MOI
ur aiiVWcl any rights or privileges which
1900 'ole ~ tHt itt,t L. break down the bar
F'eT liacrd between him md the white mani
nature and by our Constitution and laws r.
coenized and SOUGHT O. De upheld.
lhr undersigned can not but regard the hill
iu question a. subyer>iye Il thu distinction.
and Therefore contrary IL the spirit ~ .,fr 80
crnmont. It's but the camel, no., Wbo.. al.
mission within the window II civil right. ana
lrlNiis-'> we must prevent II we would re-
Ian Cur own IAo>>' sion a. cur father. inten-
ded. 10 y bat the entering wedge whose IL.
-i'imate cyn~equence> must entail upon u all
ihe esll> 90 heterogeneous population: evils
already Zoo sadly illustrated upon this hemis-
pherr; evils feared ut our father. and by theu,
zealously sought T. be guarded against. -
long, then, - The principle Indicated i. u be
maintained. - iong must the legislation con-
templafed by the bill under consideration. he
regarded 8 i1judieIous. iIRPOlitic anu unwise.
10 u. therdOre, RESPECTFULLY rcU nliaenIed
that the bill lie upon TIE table.
Mr.. Ct Lien moved 70 postpone the further
eonslderatton Of the bill. aud make IL the spec
ial order Tor next Thursday week. AZ 9 O'clock.
a VI.
On motion 81 Mr.. WILLIAMS, this motion
Wa laid on the table bv veas no nav ~
Nj BENNETT spoke at length in favor II
the passage 4 he bilf HI. SDe.ch ,,-;u -
pear IN the Appehdix. ~