The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-10-12


witnesses in their own cases. That Is es
tablished. as the measure Of protection TO
which any one is entitled. Is the negro
protected if lie have less, and if so, how
much less? If we once establish degrees
of protect, n, according TO legislative dis
cretion, he may be deprived Of all sub
stautial protection which iti presumed
is not what the convention intended; no
doubt the convention intended to act
honestly and in good faith towards the
negro, and when they promise him pro
lection, it is supposed they meant fun pro
.ection according TO law. Suppose the
question should arise before judicial
tribunal before the Legislature acts, or
suppose the Legislature should never act,
how would such tribunal regard this con
stitutional principle, and how could 1t
mete out protection? 1t is supposed 1t
would regard the constitution as ope-
rative of itself, and having no other
standard of protection except such as
the law prescribes in regard to white per
sons, it is supposed it would take those
laws as a criterion. Full protection is
Just what the law gives every person, and
court would no doubt act upon this
principle. If the convention intended
to limit the amount of protection the
negro should receive, it should have said
so, and having failed to say so, the pre-
sum, ton is that full protection was in
! tended to be secured to him. Can any
man be said to be protected who cannot
sue in the courts of justice for injuries
done to his person or property? Surely
not. Then if negroes may sue, how are
we to get lid Of that provision in our law
which makes parties to q suit competent
witnesses? 1t certainly applies to all
persons who may sue. tllt
We must also bear in mind that
the constitution abolishes slavery
forever, the effect of which is to abol-
ish all laws which originated out OF
the system of slavery az laws Of policy
tThe whole slave code, towering thirty
pages of the Revised Code, is completely
abolished by this constitutional provision,
and not vestigc of it remains in force,
for it all has relation. to slavery. Even
the laws in7relation TO free negroes are in
the main abolished. From this it follows
that the negro occupies a different rela
ton to society. Before this was done the
free negroes of the Stale had but preca
rious right OF property and protection
depending on common law principles
Consequently the freedmen occupy g
higher and better position than free
negroes occupied heretofore. Aud hence
it results that the negro is entitled to the
protection of a free man. But to place
the matter beyond doubt, the convention
declared that he should be protected in
his person and property thus reccgniz
ing his right to hold property, by which
he was also invested with the necessary
means of protecting his property-one o
which is the right to testify. Could it b.
make an affidavit as the foundation of {
4 warrant against person, whito or black
who had stolen his property or committed
, robbery on him If he cannot, he i
certainly unprotected. And if he cal
make this affidavit, he can testify whel
the case comes on for trial.
In this connection let us inquire b
what law, and why it was negroes wer
not allowed to testify heretofore. 1t wa
simply by a prohibitory act, withou
which they would ..have been competen
witnesses. And now we are to look int
the reasons for that act. No one, it
presumed, can misunderstood the reaso
of the law; it originated out Of the syi
tenn of slavery, and is a mere law of pc
! icy, constituting part Of that system
The whole System Of sla, cry having bee
abolished, as a consequence, all laws whic
originated in and constituted part {
: that policy, must also be abolished. Tn
shadow cannot remain after the substanc
> has been Withdrawn.
J 1t becomes necessary that we shoul
IS that we should rightly understand an
n appreciate the policy of allowing til
: freedmen 10 testify III all oesas in whic
: they are interested If the Legislatul
n should fail to do so, then all our labor
I lost, and we must be remitted back to
q. military government, there TO remain
% the pleasure of the Government of II
Il United States. Not because this is ar
,e. new demand upon US, but simply becau
h. of our failure to carry out in good fait
q, the actio.. of our convention, which d
at clared the negroes to be free, and ga
n them pledge for the protection of the
er persons and property. Our countr
ly instead of being filled with slaves, is nc
Al. filled with freedmen with whom we ha'
3 to contract, and towards whom we a
Ii. bound to do justice. Vice and imoralit
Al, ought never to be encouraged. 1t is Il
is business of legislationto close all ayenu
n. against them. The weak must be pl
as tected against the strongand crafty; al
We there are some tho would take advanta
re- Of the negro's incapaci:y to testify, al
res wrong him out of his just earning
o. Any thing short OF allowing these peop
oil TO sue and TO sustain their suits by t
la testimony of that class with which til
\ aRs Ali, ,,,1i.1 ea;I 10 Fliva fhe