The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-10-22
SUNDAY, OCTOBER p, ls65-
CoIored witnesses.

" our readers are aware 1lA4 Aas P-770N
the ssnste. admitting oolored persons 70
testify in our courts Of justice, under the
same regulations as to credibility, etc, as
white persons. This measure has not yet
been acted on in the House, but VIII come
before il in due course Of business.
Itssems 10 US thst the necessity and pro-
priety Of this measure will be apparent &c
every one who viii examine the matter in 9
common sense and practical view. In de-
termining is propriety, we must not be in
auenced, either by the Prejudiees or eonelu-
sions which we may have imbibed hereto
fore, when the relations subsisting between
thu two races in our country were 60 widely
different from the present. As slave
there may have been good reasons for exclu-
ding the negro from the witness stand and
Vet, if our impressions be correct, in the
slave State Of Louisiana, he has always
been permitted 10 testify in all cases Of
which he might possess q knowledge Of
facts. Be that as it may, the condition Of
slavery has passed away forever, and COM
mon sense would say, that whstever OBJ
lection TO the colored man was Based upon
that condition should likewise pass away.
There arc few persons among US who have
been free from the Influence Of certain
character Of prejudice with reference TO the
negro. This prejudice has been fostered
and encouraged by the character Of the pO-
Htical teachings 10 which we have been &c
eustomed FOR the last thirty years. Thess
f-anhfrlca- and ffia sniris --Ls-L shay infu-
sed and pre- udices Elsi.is tllsy nssts.sl 49,
90 sll-pervading that, insensibly, they were
received, to greater or lesser extent, by all
In our midst. But now that sn attempted
political revolution has brought social rev
olutiou upon the country, it becomes Us q
cast ssids the pTejudices Of the past and 70
lock the situation fairly in the face. As
citizens, and s. members Of society, we
must determine the issues with which this
social revolution has brought Us face to face,
not in accordance with the conclusions Of
the past, but according to The tgLt Of he
present.
What, then, arc the reasons for which
this class Of witnesses should be excluded
from our courts7
The first reason that we bear assigned !,
thsi II places the negro upon an equality
with the white race.
Were il not that this objection is enter
tanned BY many honest persons aud has an
influence with them, We might afford L
pass IL BY Ia silence. Il is the convenient
argument Of demagoguss who would attain
success BY appeals 10 prejudice and passion
rather than reason, aud with them Ws
would have no argument. But 10 thOss
who honestly entertain this objection, WI
would suggest, that in Louisiana, where thli
privilege has been all the time allowed, the
whites have never considered that they
were thereby placed upon social or Politi
ical equality with the colored man. W.
would further suggest that IL there be truth
In the objection, We are 10 day living unde
laws enacted by the National Legislature
which fasten this equality upon us 10 At leas
as great an extent ss a State law could do
The laws Of the United States nov MAXI
the negro a competent witness in the Fed
eral Courts Of ihe country. Il the enjoy
ment Of privilege necessary To security o
life and property makes the negro an equal
u the white man. and is therefore wrong,
We might even arraign The benfeeent Crsa-
Cor FOR comforting upon him the privilege Of
iuhaliug the vital cir In common with the
white race.
The next objection is that the macs Of
freedmen in our country are so ignorant and
DECEASED. that the exercise Of this privilege
by them il dangerous 10 the peace and Sc
curity Of society.
The fact before referred 70, that under the
laws Of LOuisiana, the negro, even while
slavery existed, was competent witness
and She additional fact that no evil has
heretofore resulted from the operation Of
ihn law. bus that the jurisprudence Of
Louisiana il everywhere quoted with n
much respect as that Of any other State
m ght we'll answer this election. We will
further cay, however, that in our courts II
is not ignorant malice which lie dangerous
bot the reverse All testiz,oHy is not era
dcact. The court aud jury have the duty
ct shing she testimony presented, and mus
detcrmue what portion shnn DO received
O. evidence. The same objection which i
urged 10 the admission Of negro testimopl
may be urged against white Witnesses.
Many white men are ignorsut aud de
pruvedi many Of them swear falsely. IN
same tim.dity which would exclude The ne.
gro from the witness bar, would 90 far &
exclude al witnesses. and 70 destroy 81
testimony.
Bot there are substantial reasons why thil
measure should be adopted. The negro i
nov q free man. As such he must enter tbs
arena OF life in the struggle for subsistence
aud competency. To do this he must hsv
the means Of vinAieaiing his right 10 enjo.
The products Of his toll. Deny him IN
privilege Of telling his story in our tribu
mails Of justice and il is easy 20 see that 70
place him 81 a disadvantage in the struggl
OF life. The unprincipled white man ma
wrong him with IMMUNITY. Even the inte
ligent white mas needs all the protectio
which laws and courts can give, TO enabl
him 10 provide for bis family. How the
shall The less favored negro, deprived {
these saieguslds, maintain himself an
toose dependent upon him. How kee
want from his doorG And is it not pstei
thsi q be be unable 70 supply himself wit
ths necosssries and comf,rts Of life, thi
crime s his door neighbor9 Whe
he wife aud ehildrea are crying &
breed vii penal codes restrain him ffol
thets Does not every sane maa know thi
the conduct Of one class Of society infsc
al othcrss III he wives and daughters
colorcd families are by want driven 20 prof
gacy, who shall cay that sons and brothe
of white ismiiies viii not suffer BIZ the d
moraliEatious But We forbear 10 press N
argument further. Another reason for Ia
measure IL, that by refusing, We do not e
cape from the consequences Of negro test
mony. hut only fsstsn il upon the countr
IN a less acceptable form, through a
Freedmcn's courts and other Federal court
li We mistake not, the negro who is now
law refused hearing in our State courts n
the right e appeal to the Federal coul
Then what DO We gain BY rcfusals v
might enlarge upon these points, bat 6
the present We dcsitt.
We published few days since decisi,
Of the Supreme Court Of Tennessee at Kno
vile delivered BY Hon. Horace Magyar
spee,sl Judge. sustaining the cOnstituiiO
ality Of the law passed by the Legislstu
10 1861 giving y months additional stay
executions. In the Transcripts furnished
far publication no mention was made Of 4
iact that oneof the Judges Of the Court al
ssntoi from that decision. We are reliab
Informed that Judge Hawkins did diesel
thsrsi7am and that his dissent was Al
bounced By Judge Maynard.
Henry Ward BeechoF made q speech
Philadelphia, on Wednesday evening,
which he pressed this point:
There must not De one cont Cor Viii
men and smother for black men. ii you Al
10 classify, is eau nos stop here. Nov il
color, out by and BY there viii be class
heatiou % account uf condition, and thei