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

evidence IN the courts OF this State, does (
the fact OF his thus testifying invest him /
with a higher claim relatively with cur I
people, socially, or otherwise, than be
| had? If the man OF integrity and recti |
| t1de testifes alongside of the worthless !
I, vagabond, does the former thereby come |
| down to the level of the latter; and has
| he taken step IN the direction oi
equality?
The very opposite Of this is true 10
principle and IN point of fact. The SOW
ereign power. the Government, imposes
| the duty, oftimes an inconveDleut and
! onerous burden, on those who nave
| knowledge touching any matter IN lluga-
ton, to disclose it. | say inconvenlent
and burdensome, because the witness Is
not allowed to consult his private inter
ests or personal convenience. Whether
he will testify or not, 1t Is a duty and 0bs'
| CATION he owes society, the performance q
which is c5mDuIs9ry If the witness IS
recusant: il he refuses to attend, his body
may be arrested, and forclbly carried
befora the tribunal In vain for him to
say that he has urgent business at home;
in vain to say that he is poor and can
not afford 10 close his shop, or stop his
plow.
If the matter known to the witness was
committed to him in the privety ana
confidence of friendship, or come to his
knowledge as spiritual guide and coun-
p sellor. still the law drags IL forth from the
! reluctant and unwilling witness. / have
seen the witness indure imprisonment
, rather than tell what he thought honor
required he should conceal.
e The question has been pertinently put
: by the gentleman from Monroe, in the
j. lucid and able argument made in the
| a. i L,oE T.. r. gb
= 10 sue a larger concession than the right
I to testify?" land all concede that freed
t men may sue and be sued.) There may
be executed IN behalf of the negro IN q
l. suit against a white man, for the mere
!, value of a pepper corn, the power TO I'm
1 prison the white man: the power 10 eE-
II force his attendance from remote
r county. The posse commit atus may be
called out to aid the sheriff in enforcing
e process: and if that be not enough, the
d military arm may intervene.
q This may seem eXtravagaut, but it Is
q all in the perview and p p'Oyision of law.
n Now, the Convention in requiring thi:
IS legislature to provide by law for the pro
e faction of the negro, meant that the
Dt disabilities under which he labored should
5e be taken off, and the courts opened tc
him. Was it Intended that the gate t
the temple of justice. should be Onl.
d partially opened. Was it mean tina
'e a partial protection and justice should b5
N mcted out. Was it meant to give hin
NJ suit and day in court. But that b.
Is should not have the benefit Of counsel, o
the use of any legal process. That wer
le to make the suit an idle mockery.
is. Why shut out the testimony of freed
he men-in that c,ass Of cases-when tn
IN freedman is brought by contracts Of sci
ii, vice and labor, in the employment 0
n the white man. No other reason can b
n assigned, except that free negroes wer
er always excluded, and also the slaves, an
Ga this would be an advance toward
ry equality.
Al That policy, wise and prudent in TIA
dav and circumstances that then existed
he can have no application in a new an
re, different state of things.
We The slaves could not make a contrac
en- He could not bring a suit. He locke
he exclusively to his master for protection
of and through the master he got indircCtl
m some legal security, as the owner Nigh
he sue the trespassers for injuries done tn
persan of his slave. The freedman b5
all no claim upon his former master, all re
,el ciprocal obligations have been disrupted
b He stands upon the law. Amenabie ci7
its lily and criminaIy. In the measure tha
to he here falls short Of protection, to tha
,ut extent he is insecure.
We Heretofore the Legislation here an
ng elsewhere, was to conserve slavery
ws discourage the freedom of any of tn
les race-to prevent free negroes comm
Nv. into the State, and If possible to drIy
10 out those already here E was though
to be coTrupting to the slaves, TO brn
ne them in contact with the free negroe
nd and OF evil effect to permit large priv
til leges to the free in the midst of tE
of slaves. The policy as announced in L.
so. islation year after year and in judici
1r. opinions also, was unfriendly to the i
ct, crease OF free negroes, and their res
OBJ. dence in the State therefore it was tn
l er the Tree, as nearly as possible were Q
he simulated in condition to the slaves.
wv But for the statute restricting the cor
mon law rules, as already remarked, ii
his African race, whether bond or fre
on would have been competent to testit
ith The necessities Of slavery required the
ZEN exclusion-nOw that condition havil
IRE passed away-the reason no longer exis
are But it has been urged that negroes, as
ing class, are not credible, and to admit the
ity would be to corrupt lhe streams of ju
as tice. If this be so, they ought to be e
his cluded. Now on this ground, how C
md the statute be vindicated which has
| |
to against the negro, on trial for crimiu
offences and in all cases where the Il
O a groes were parties to the suit
est Shall this, and all the other slave Stat
ate be now and hereafter repToached wi
the shocking moral wrong of taking h
no man life according to the forms Of la
YER and in the name of Justice on the fai
in of testimony unworthy to be heard al
m believed
cal 1t is not a novel proposition to init
ON. duce for the first lime negroes as W
yit. nesses. For more than half century
ok has been on the statute book that 1
Iii groes, as a class, may be credible, al
en- that they msy convince a jury OF L
Ie- truth of facts. Let US see ifthe tests
1o- truth, do not afford reasonable guara
not ty. | refer to the tests of the comm
law.
ich That system of jurisprudence, has, n
can without propriety of speech; been call
as 1.-The perfection of reason" 1t is the q
gregalion through the long lapse of age
ses of customs which experience has shov
md to be fit and appropriate to the condIti,
ga of society and civilization. These Gu
on toms taking their origin in time where
are the memory of man, runneth not 10 I
contrary" have acquired the tor
-. | lor