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

considerations arc referred to the cre'i
blity of the witness. First as TO inteil~
gence No definite rule has or can oe
laid down on this point. Idiots ana IN
sane persons, are excluded, chhoreh'
even OF six or seven years old' may
| be examined, If the child understands
| the nature and obligations of an oath In
/ important cases Judges have the discretion
| Tor the ends of Justice, to ADJOURN the
| trial in order that child may be IN
| structed so as to be qualified, one
| born deaf and dumb. may give evidence
| by signs, to be translated by an lnterlFe>
] Ter. he oath. is an appeal to the gu
rreme Being, for the ruth OF the eVl>
dence about to be delivered. This lme
| plies, that by the laws of God, truth Is
| enioined, and falsehood punished; ana
IS an imprecation OF the Divine yen~
geance If the testimony shall be false.
The mode of administering an oath Is
that which Is most obligatory on the con
| science. The Mshomtan Is sworn on
lhe Koran; the jew on the Penteteucu;
the Gentoo by touching with his mana
the foot Of the Bramion; and the Chris
tian on the Gospel
Nor need he witness bellve in the
God, revealed to Moses, nor III the hes
siah the Savior, written of IN the
New Testament. belief in the Suprme
Being, who takes reckoning of truth and
iaIsehood, and rewards and punishes ac-
cOrdingly, is all that IS required.
Have not negroes as a class, understand
ing aud reason enough to give evidence.
r Testimony is the narration ordinarily
of past transactions. The eye conveys 10
, the inner and intelligent sense, what 1t
= sees, the ear what it hears, so OF the
other senses, those observations OF the
t the senses, are impressed or dagu9rTo-
t typed on the mind. The witness repro
: duces from the memory, these 1mpres-
: sions, aud in language communicates
p them to the Judge and jury. TIE value
e Of the witness depends on the accuracy Of
- the observation IN the first instance, the
= fidelity of the memory, the ability to
E communicate inlelligently, and the
2 character OF the deponent Tor truthtui
s ness.
e The means Of weighing the witnes and
estimating the force OF what lie swear'
IS are most ample first, the rigors and tor
,ures of cross examination. The sup
is port or contradictions of other witnesses
D or establis he'd circumstances III the cast
e and an examination into his genera
d character for truthtuluess.
0 The matter stands thus: then, beiOTt
q the witness is sworn at all, he must haze
y sufficient intelligence. He must know
1t the sOIemnitles and sanctions Of an oath
e he must be indifferent between the lltI-
n gauts: II e must not have been convicted
le of an infamous crime, and thea what h
Or sWears to is subjected to all the tests tha
'e have enumerated, and the matter tha
he states, his manner and department
d are all the while open to the scrutiny @
le the Judge and jury, before whom be az
T. pears. When | add to this, that he ha
OF before him all the while the pains am
De uenalties Of peri Try, IL does seem that n
re Is so s'cribbed. csblned and confined" t
I'd the strict line Of tIath, thai there IS bare
ds iy chance that he can so successful
deviate from it as to deceive and mlsle2
ne those who hear him.
d, The negro witness is subjected to tht
ID ordeal before judges, iuries and minlste
rial officers, ali of whom are aghjte men.
It. This Legislature is estopped from dt
7d Dying thar the negroes, as a body, ar
n, unfit to be sworn for the law ba
ly ALWAYS been that in civil suits, {
at between free negroes, all negroes we1
ne good witnesses, and in prosecutions
as the State against negro. bond or ire
e all other negroes, bond and free, coul
d. testify.
" The objection then narrows itself dow
al to this: that although now all treedme
at have the right to acquire and hold pro-
erty; the right Of personal security; tt
nd right to sue and be sued, including I'll
to right to sue the white man. 1t will NJ
le do to extend to freedmen the duty Of tei
ng tifying in cases in which a freedman an
We a white person are the parties, becau'
ht that is takl o step, and a long one,
~ the line Of raising the negro to the Jul
es, box and concerning on him polite
vi frachises. If this be so, then the ste
he ought not 10 be taken.
q Let US see if it be not the merest phal
ial tasv of the brain, copjured up to raise
ln cloud Of prejudice to obscure the reasO
81 STATUTE OF THE NEGROES IN THE UNIT
as. STATES.
At the date Of the Declaration and Il
m formation of the Constitution, all Il
he States were sIaveholding. Massachuset
ee, and may be Connecticut, had begun
ty. system OF gradual abolition, but in nett
elr er of them did the freedom attach un
hS some time after.
'ts. 1t is important to know how the Stat
a became slave holding. You will look
7m vain into the parliamentary history
US England to fad an act of Parliament q
TX thorizing the slave trade, and icensi
an British subjects to carry it on. The sar
al is true Of Spain and Portugal, and t
ma butch maratime States.
nal By the public law of Europe, duri
ne the entire period Of the colonization OF t
New World, the African slave trade W
tes reorganized as legitimate commerce.
lth sprung up by the common consent of
lu- the great powers OF Europe that plant
aw colonies in North and South Ameri
ith and the adjacent Islands. EVessels we
nd openly built and fitted out in their po
for the coast of Africa Contracts
ro- constructing, victualing, manning al
7lt- navigating ships engaged in the traf
II were litigated land enforced witho
ne, question in their courts.
nd The markets for these slaves were Il
ne Colonies in America. European comm
OF mites not OILY tolerated the slave ira
an for its profits to their merchants al
ION mariners, but at that day none of the
doubted or debated it's morality Gre
not Britain planted, encouraged and foster
led slavery IN every one of her l3 Coloni
ag~ Ii took deeper root in some of them tn
es, others. The African was purchased a
wn enslaved on his naive shores. The Sc
ion vile relation was created before he e
as tered on board the vessel that transpC
col ted him.
the Now, not one of the sable race ey
roe voluntarily migrated to this contine
haf1 ho xx