The Portland daily press., 1865-11-16

yisional Governor Marvin is document much
more ably and thoughtfully written than the
messages of provisional governors have al
ways been. 1t is thoroughly loyal in tone,
and contains the views of a man who appre-
ciates the magnitude of the questions now agi-
tating the country, and is anxions to see his
own state place herself right in the outset IN
relation to these questions, that she may De
spared the necessity of going back upon her
steps. In regard to slavery, he says 'nat "
is irreyocably dead, and that this fact should
be fully recognized in the new constitution:
In taking the amnesty oath you have all
s,-a,,, 4n s1nnort the freedom of the former
Slova If IS expected, therefore, that you will
af1irmatiyely declare in the constitution, that
neither slavery nor Involuntary servltude, ex-
cont as punishment for crime, whereof tho
narty shall have been duly convicted, shall
hereafter exist in this state This clause has
been incorporated into the constitution of the
states OF Mississippi, Alabama and other
Southern states which have lately held con-
ventions. Slavery extinct, freedom revives
for the public law OF this country knows but
the two conditions. But would not leave the
fact of the revival of freedom to argument or
inference, but would plainly declare that all
the inhabitants of this state, without distinc-
ton of color, are flee.
On the subject of negro suffrage, the Gov
ernor holds the following language:
The subject of the elective franchise will
necessarily come before you for consideration
and reflection. The present constitution con-
fers this privilege upon all male white persons
OF the age OF twenty-one years and upwards,
who are citizens of the United States, and who
have resided in the state one year and in the
county six months, and on no others. Color
ed persons are excluded from voting. Wheth-
er you will add to or diminish the number of
voters by changing the qualifications is. a ques-
ton for you to consider and decide In that
decision the people of this state are mainly in
terested, but not solely; for persons qualified
to vote for members of the General Assembly
of the state will also be qualified, under the
constitution of the United States, to vote for
Presidential Electors, and members of the
House of Representatives. People of other
states are, therefore, interested though in a
much less degree, in the decision you make.
Shall the elective franchise be conferred up-
on the colored race, and if SO, upon what
terms and qualifications? 1 am not advised
that the President has expressed his views or
wishes on this subject, and / know no more
of the views or wishes OF the members of Con-
gress than is generally known. / cannot think,
however, that if the convention shall abolish
slavery, and provide proper guarantees for the
protection and security of the persons and
property of the freedmen, that Congress will
refuse to admit our senators and representa-
tives to their seats because the freedmen are
not allowed to vote at the state and other
elections. When the question shall arise,
think the main inquiry will be, not are the
freedmen allowed to vote, but are they { ar-
antied in the constitution protection and Sc
.curity for their persons and their property {?
1t does not appear to me that the public good
of this state or of tn, nation at large would be
promoted by comforting at the present time
upon the freedmen the elective franchise
Neither the white people nor the colored peo-
pie are prepared for SO radical change in
their social relations. Nor have l anv reason
to believe that any considerable number of the
freedmen desire to possess this privilege. What
they desire, and what they have a right, in my
judgment to require, is that they shall be guar
antied protection in the enjoyment of all the
rights which properly belong to their condition
as freedmen, and that this protection shall not
be dependent upon The varying and uncertain
action of the legislature. 1t is protection, not
political privileges, that they need and desire /;
and the problem TO be solved is, how to secure
them that protection without their participa-
ton in the business of the government. If
they have the same protection for their rights
that the white man has, they win have no
ground to complain.
Though we think it would be difficult to
show that class thus excluded from all share
in the formation or execution of the laws I'M
der which they live, can have ethe same pro-
lection for their rights as that class in whom
all such power is vested, yet we are too favora-
bly, impressed by the honest intention and hui
name spirit exhibited in Governor Marvin's
message to feel disposition any captious criti-
icism where his views may differ from ours
In relation to the admission of negro testi-
timony in the courts, we find this decided ut
terance, prefaced by the declaration thai if the
people of Florida do not wish to see their do
mestic affairs made subject of legislation in
Congress, they must be ready themselves to
secure to the freedman the rights which Con-
gress will demand for him: r-.afi1 Iass
Heretofore the negro, in a condition of
slavery, was to large extent under the DOW
er and protection of his master, who felt an t.
tereSt in his welfare not only because he was a
dependent, and had been raised, perhaps, in
his family, but becauSe he was his property.
NOW he has no such protector, and unless be
hnds protection in the courts Of justice he be-
comes the victim OF every wicked, depraved
and bad man, whose avarice NAV promDt him
to refuse the payment of his Just wages. and
whose angry and revengeful passions NAV ex-
cite him to abuse and maltreat the helpless be-
ing, placed by his freedom beyond the pale of
protection OF any kind. n
The admission of negro testimony should not
be regarded as privilege granted to the ne
gro, but as the right of the state, in all GRIM
inal prosecutions to have his testimony, in
connection with other testimony, assist to
establish the guill Of the accused, and it ought
reciprocally to be the right of the accused to
have such testimony to establish his inno-
cence.
1t will be seen by the following that Judge
Marvin is not greatly troubled by any of those
anxieties in regard to "war OF races" which
have so alarmed some Of the timid ones: at
least he believes that the true preventive
against these ills is to be found, and only to
be found in doing justice: B O. NJ II
Ii the colored race in this country can be
tuiiy and fairly protected in the exercise and
enjoyment OF their newly acquired rights of
freedom. then in my judgement, they viii be a
quiet and contented people, unambitious of
any political privileges Or of any participation
in the affairs of the Government. Protected
in, their persons and property, they may be
stimulated to be industrious and economical
by desire to acquire property in order to ed
ucate themselves and their children, and i'm
prove their physical, moral and intellectual
condition. .ai -54 T1af ~
They may also be stimulated to labor by
making vagrancy an offence, punishable by
temporary involuntary servitude Feeling
the power of the State over them to protect
them when they do right and to punish them
when they do wrong, they will soon learn to
and respect its authority, and under
a wise administration of the government and
a vigorous enforcement OF the laws, they will
have fair chance to work out their destiny
in condition of freedom, as God in His wis
dom may hive appointed. What their cOndi-
ton as a race may be at the end of fifty or a
hundred years, do not think any person is
wise enough to predict. But we may reason
ably hope and believe that they will progress