The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-11-18
sURsTANCEOF THEREMARKs

| approach this discussion WIN yin
dence. / distrust the ability OF my Judg-
ment to grasp the great SUBJECTS unoer
debate, and comprehend them IN their
| length and breadth.
feel in full measure, the responsi'
| bilities which tho exigences Of the times
! have devolyed on this legislature
Reason, unconsciously to ourselves, may
be couded by the traditions and haol
| tudes of centuries. and SO may come
short of apprehending the situation.
Events of great plth and moment
have been crowded thick enough INTO Ihe
last four years, to give dramatic ana
historic interest to the annals OF nuns
dred years.
We can scarcely realize that old things
have passed away. We can hardly tlx IN
the mind as fact, that the social ana
economic poliity, whose foundations were
laid by the first colonists, which mas oeeh
nurtured and fostered by successive gen
erations, which was the basis OF our IN
dustry, which was interwoven IN the
entire structure OF society-has been all
at once stricken down and destroyed.
1t is idle and useless to grope about
amid the debris and ruins OF the old
system. Slavery has fallen. The insti.
, tuition has passed away. 1t is bat natural
that it should drag down with 1t much OF
f public and private fortune and Tor
while, clog industry, and suspend labor.
The chief advantage of the measure
under debate, is 70 slim liate droopIn
, and desponding energy, to revive indus
+ try, to put the idle to labor. We have
/ the climate and the soil, ali that IS lack
o ing is the labor. Supply that, and our
) fields will TEEN again with the costllest
products of the earth.
There are between two and three hun
f dred thousand laborers in our midst
G trained 10 the culture of the staples. l.
these are not put to work next year oul
= fields to a great degree must remain bar
$ rem and uncultivated.
G But these laborers, once slaves, have
9 been freed by the armies of the United
States. The late convention accepted
t the fact as accomplished, and affirmed
IS that slavery should not hereafter exist II
! the State, and imposed the duty on thi
r Legislature Of providing by law for tht
protection Of the person and property 0
9 the freedmen, and of GU riding the Stat'
e from the evils of sudden emancipation.
/, How shall this duty e accomplished
G Plainly by placing the personal rights ant
the property of the freedmen under tn
= protection of law, by extending to hun
y its remedial justice by opening to hIn
d the courts for the yindIcatiOn OF his right
le and the redress of wrongs.
" A suit is the only mode known to th
- law for the conservation of civil right,
s. In that is implied status before tn
of tribunals, compulsory process to bring
of witnesses, representation by counsel, trla
Judgment and its enforcement by mlr
isterlal officers. 1t was not conten
u plated by the convention, that any othe
n protection should be extended, than sue
IS, as is conveyed in the due and ordinar
~ process of the law" nor was less tina
this meant.
10 The new provision introduced into tn
IS Constitution, on this subject ,prOprl0 ylg0r
ry abrogated the whole body OF the say
81 code-it swept away all that was write
10 in the statutes regulating and hnlng til
reciprocal obligations and relations
master and slave, and left amongst US del
izens and inhabitants of the State-tE
ITS ouandom slaves-now freedmen.
la 1t is the first and highest dnty OF q
Tg governments to extend its protection ov'
an all persons within its territory. The OF
legation is not limited to those who are l
7n citizens and subjects, it applies as well
'y. the stranger and alien who landed bl
RS, Yesterday on its shores, as to its nati'
no citizens. If the foreigner brings nothir
but his person, around that the law throw
its egis. If with the person, then com
'Se property also, both are under securlt
ITS and the courts are freely opened
lie guard the interests of both.
,id The United States did not remove the u
!, groes from Mississippi, nor does 1t inter
ne TO do so. Tho Constitution gave no int
air nation that such would be the policy
et- the State, if she had the ability to do S
tb Now they are free reconized as havln
- personal and property rights. That lac
So alone, imposes on the State the moral O
nj. legation, without the enactment ott1rth
Ow law, to give to person and property ii
;sa protection, both in kind and degte allo
:. ed to all other persons and property.
u.s. But sir, when we come to execute I'll
moral Obligation and TO perform the co
Hs stituitoaal injunction, we are met wi
lth the objection, that to permit the treedm'
nd 10 testify in suits where his interests a
ds involved against the white man, we a
&c taking long step in the line OF elevatli
60 the black to social and political equall
er. with the white man. | feel as keenly
In any one, a nervous sensatlveness on II
as point. | would abide here forever, al
hazard any and all consequences before
would support any measure tending
such contamination.
LII But let us not ma gnify a myth into
oh substance, let US not mistake the mere
Of phantom ..of the brain for dispasiona
de- reason.
81 Equality or political privilege has
proper place in the argument. 1t nev
re- has been supposed until seriously urged
ely debate here, that to testify in court, II
be Piled, either the moral, social or polite
equality of witnesses any more than CO
formity of figure, feature and sex. W
nesses may be of any of the tongues spo
re- en- among men, of any of the national
or ties, of both sexes, OF any age from te
nor der infancy to four score years, of any d
~, gree of intelligence above idiocy or lun
cy, in word all may testify who are n
a personally disqualified.
one The doctrine of the common law, whi
its the Colonies brought to the Americ
90 shores, as part OF their heritage, Is
broad as / have ste ted it.
on. 'All persons are admissible witness
ate who have the use of their reason. al
,s. such religious belief as to feel the obi:
tions of an oath, who have not been &C
ast victed of an infamous crime, and who 9
not influenced by interest
GU This is the law, and ever has been
ldl Mississippi, except as changed by statu
u5t The argument has proceeded throae
ons out on the postulate that TO be wltne
is to exercise privilege or franchise
Now the very reverse Is true. Ii