The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-10-15

make an affidavit as the founudtioh " 7"
warrant againa person, white or oiacH,
who had stoler his property or coinnlts'sso .lss.1
a robbery on lin? If he cannot ne IS
certainly unprotected. And II ne can
make this afftavit, he can TESTIFY "heH
the case comes on for trial.
In this correction let US inquire oy
what law, apdwhy it was negroes were
not allowed to estify heretofore. It was
simply by a prohibitory act,a "t'fot''
which they would have been competent
witnesses. AMI now we are to look into
the reasons for that act. No one, t is
presumeca1 misunderstood the reason
of the law; it originated out OF the sys
ter of slavery, and is mere law OF pol
icy, constituting a part of that system
The whole System of slavery having been
abolished, as Consequences, all laws which
originated in and constituted a part Oh
that policy .mu;t also be abolished. lhe
shadow cannot iemain after the substance
has been Withdrawn. 80
1t becomes necessary that we should
rightly understand and appreciate the
policy of allowing the freedmen to
testify in all ases in which they are
inte1es sted. If the Legislature should
fail to do so, then all our labor is lost,
and we must be RENTED back to a
military government, there to remain at
the pleasure Of the Government OF the
! United States. Not because this Is any
new demand upon US, but simply because
of our failure te carry out in good faith
! the acton Of our convention, which de
clared the negro's to be free, and gave
them pledge fo the protection of their
persons and ppperty. Our country,
/ instead of being filed with slaves, is now
filled with freedmen with whom we have
to contract, anc towards whom we are
bound to do justice. Vice and morality
ought never to b encouraged. 1t is the
business of. legislation to close all avenues
against them. The weak must be pro
tecfed against tie strong and crafty and
there are some who would take advantage
of the negros incapacity to testify, and
wrong him out Of his just earnings.
Anything short of allowing these people
to sue and to susttin their suits by the
testimony of that dass with which they
chiefly associate, wuld fail to give them
the protection which is guaranteed to
them, and place them completely in the
power of those whowould take advantage
of them. We are low to have this people
among US as free laborers and it is a
duty, dictated by humanity, by justice
and by interest, toprotect them and i'm
prove them if we can. So long as we
have the trial by jury we have no reason
TO apprehend darger from giving them
the right to testify. An intelligent jury
with an intelligent court and counsel, will
al rays be able to discriminate between
Truth and falsehood. By these insuu
mentalities we are, and have always been
protected from the effects of false testi
mony, ana we need have no fears in the
future. 81. mas
But some persons object to the admis.
sion of negro testimony, because they
say it is raising the negro to an equality
with the white man. Admissibility tc
the witness stand, IS certainly a new ano
strange test of equllity, and if it be the
tue one, then all men who are compe
tent as witnesses are equals the witnes;
who would have no credit with jury
the witness whose statements are proven
to be false, is the peer of any man in the
land, no matter howpure or how elevated
his character may be. The notoriou:
liar, the highway rotber, the horse thief
are the equals Of all men, because they
can go to the witness stand. BY this pro
cess of reasoning, instead of raising the
negro to an equality, we are letting our
selves down. NJ body objects to tht
negro's right to sue, which is the highe
and greater right; he may go into cour
side by side with US, that does not max
him our equal, but keep him off of tn
witness stand, that makes him our equal
If this be the standard of equality, thei
VIZ HcSEO has always UCcu OuI equal, ~
he has always been competent to testify
: from the same witness stand, agains
white witnesses, in prosecutions agains
negroes, and it has always been the pTac
tice of the jury to weigh his testimon,
against the testimony of white witnesses
But it is sometimes urged that if W
permit negroes to testify, they will be pu
on juries and be allowed the right @
suffrage. answer, that jury service
not right at all, it is duty and tits
duty the State may require of whom sh
pleases. Even now juror must posses
certain qualifications, he must be free
holder or a house holder, and he must b
a white person. In regard to the right c
: suffrage, that is matter fixed by tn
constitution, the voter must be whit
+ person. and so it must remain until whit
. voters may choose to changeit.
: Those wao oppose the right of negroe
! to testify, do not reflect that they ar
, pursuing the very policy which tn
, Northern radicals approve, and in fact al
giving aid and comfort to the fanatics {
the North. by helping to break dow
5 the President, and, if they could accon
plish their purpose, they would most a.