Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1865-11-08
Speech of Senator Frazier. Of Knox,
on THE
Bill to admit ColOred Testimony in the Courts.

Indeed have no desire to do so if 1 could. Ny
only purpose in saying anything at all is that
may place myself right before the Senate, and the
country, in regard to the vote shall give this
measure when it comes upto be finally acted upon.
The bill ITSELF standing alone and disconnected
with any considerations Of policy and exp6dicncy,
is certainly Just and right and for myself l fully
endorse it. and should be rejoiced if could believe
that the best interest of both races, the white and
the black would be benefited by its adoption at the
present time
III tie progress Of the discussion that has gone
before there several grounds Of objection taken
to the measure that seem to me altogether untenabe
and purely imaginary and chimerical. It has been
said upon this floor that if the negro permitted to
testify in Court that there will be danger, that he
will use this privilege TO the injury OF the white
man. and that no mans life will be safe in the
courts of the country, where this privilege Is gran
ted to the black This is taking it for granted
that the negro is oOnstitutionally false and reach
erous being and that he as vndctive as he is false
All our daily experience teaches us this is not so.
Take the whole race crushed down by the iron hand
of seryitude as they have been for two hundred
years and it is not strange that they might be less
truthful as a whole, than our more favored race
But that they are constitutionay false and treach
erous by nature who has had any intercourse
with them dare assert. On the contrary, they are
believed and relied upon and trusted, daily and
hourly with many of our most important interests
and is a rare thing to hear Of them betraying their
trust Occasionally instances do no doubt occur,
Dut the general rule holds good, that they are a
Supplemented, kind-hearted, trusting race, with
none of the instructive cunning, or concealed and
long cherished vengeance of the Indian. Who need
to fear that this simplehearted and inferior being
surrounded as he is and Will be by watchful and
Jealous superiors, will ever be able TO do you, me
or any other man any injury in court of justice
by falsehood and forgery, and especially when we
remember how wisely our courts are organized, and
how difficult it is for the false white man, against
whom no prejudice of caste exists, to escape de-
lection.
1t has likewise been argued that in giving the ne
gro the right to testify that you elevate him to an
equal This is a notion founded in prejudice, and a
morbid sensitiveness not uumixed with egOtism.-
Nevertheless, it is the most potent AMI controlling
argument with the most of the oppOsers Of this
measure and especially with those who have never
owned a slave nor had anything to do with them
Men who know the n, gro best and have had most
to do with him, feel real apprehension on this &C
count. They know that he is their equal in many
things, and in many others he is their superior
The negro can pick out cotton, ten to that
l can. He can pillow as we'll and hold out much
longer. He can endure the heat of a summer sun
when 1 should sink exhausted. Thus, in thousand
ways he is my superior. In many he IS my equal.
But in some 1 am and shall always be his superior.
In social life among my own race shall ever stand
above him.
Another position taken by the opposers of this
bill is that if grant this privilege it will make
the negro proud and nsOent, and cause HIM TO de-
mand other rights that should be rightly withheld
for the present For myself 1 have no fears on the
subject. Ny experience teaches me that kindness,
tempered with justice is the sure way to win re-
spect Withholding this right, 10 which the negro
is nc doubt entitled, and which he really needs,
from him altogether will be likely TO produce in
his mind bitterness AMI hatred and that be will feel
that he has no friends in the South who are willing
to do him justice. This brings me 20 consider the
question whether it is better az the present to sub
nit 70 the operations Of the Freedmens Bureau, an
institution founded by the Government to meet this
very question now discussing, admit the I
negro TO come before our own tribunals and there
have his fairly adiudicated. Against this in
sttution have no charge. Nay, rather feel that
it has been the means Of doing great and lasting
good in Tenn ssee. And under the wise aud eff /
cent superintendenco Of It's agent, General c. B. 7
Fisk II has effected reforms and established order
and method where want and Incidence reigned su-
preme among our black population. For these and 4
MANY ether wise regulations the people Of the State
owe i'm debt Of gratitude they can never cancel. 1
And while l would say more against the opera !
ton Of this institution far, yet belongs TO the
military arm Of he Government and is a part Of
the machinery Of war; its mandates are enforced 4
by the bayonct and its DEGREES are the dictates of
one man. 1t may 30 wisely conducted, orit may be /
welded by some petty tyrant from distant State,
who may use it for purposes Of venality o. ven /
geance. AT the present time the negro is a eOmpe- /
se f hiEe aP II p, NE now Stat b2, s amen
cusation against any in the State, and have |
him arrested by guard it may be of negro soldiers
and marched up to trial and there he viii be forced
TO admit the black mans testimony against him, /
and this to be heard and judged of BY One man, |
stranger he may be from the State, and with his !
prejudces all in favor of the negro and against the
white man. Who but must feel that such an insti- /
tuition, under the best management is liable to great
abuse.
This Institution, as l understand is but Temporal
" provision instituted TO protect the negro in his
natural and just rights, and will be withdrawn |
whenever he admitted to testify in the Courts of
the State. 1t surely, Mr. Speaker is the true inter
est of the people of the State both white and black
that this bill should pass and become law upon our
statute books. But the important inquiry arises,
the people of the State prepared to receive il
Will the people lay down their old and long cher
ished preud,e and submit quietly and cordially TO
this bill, if the act should pass and become law
hope and trust they may. But have some ap- |
prehension that We are forestalEng public opinion
and are about enacting law, wise and Just and |
good in itself, but in advance of the time and in
the face Of deep and settled preudices that should
be disregarded by the servants of the people Mr. !
Speaker: / know the sentiments of my constituents
and am well assured that such law would startle /
the whole community. The Union masses of East \
Tennessee accepted abolition not because they loved
slavery less, but their country more. As to their
love for the negro believe portion of the State
has such deep and settled preudices against him as
they have.
And for one not ready to disregard those
preiudices. 1t has been said on this floor that pre-
JUDGES salutary that they may serve as brakes
upon hasty legislation. 1t is better always better
to be content with what we know and understand
than rush precipitately new and untried meas
ures that are OF doubtful expediency Therefore
for myself, think it best to suspend action upon
this important measure until the people have time
10 calmly and dspassiOnately weigh its conseguen-
ces. The people will always do right if they have
time for reflection. And when they come to see this
question as 1t really s-that it is simply question
choice between submitting TO the Freed
mems Bureau and having all the suits in which the
negro Is concerned, adjudicated in that or throw
open the door for them TO into State Courts
Let the people have time to see and understand this
simple proposition and there is danger but they
viii choose in favor of the latter and will abide BY
and faithfully carry out this measure. But if YOU
force them at once to adopt it. there is danger that
heated and angry dissension may result and design
ing demagoSues may spur them on to violence and
outrage.
A few words more, personally, and l am done l
stand upon this floor not as mos: Of the members
that compose this assembly. l am the chosen rep-
resentatIve from my district alone In tn canvass
that eventuated in my being selected to fill this hon
orable position, this question often came up for dis
eussion, and, with the light then before me- prom
sed my people that would oppose it, That pledgo
must be redeemed, and shall be faithfully Kept IN
n l see unquestioned evidence from my people that
.hey abSolve me from its requirements
Senators upon this floor may brand me with cow
srdlee this dsclaim, only 20 far as that l fear to
Violate my plghted faith to my people and of the
we, had rather be a coward than false and dis
IGNORED traitor.
The Cave.
The city is still excited about the cave and many