The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-11-26
REMAR AS
Of Hon. George r webb, of Amite.
I pom the Question Of the admission of Negro
TsstDaonU

Testimony,
HOUSE OF REPREsENTATIVEs, NOV. 8, 1865.
Mr.. CHAIRMAN The great question OF
the present session of the Legislature is
before this house for solution, and it be
comes US. as the representatives of the
people of this State, boldly and fearlessly
10 enter upon discussion OF the issue.
In order that we may prosecute the in
vestigation of the subject of this debate
understan dinghy, we should commence
By asking ourselves the question, why are
we here? by whBt authority do we pro
pose to say whether the freedmen, free
negroes and mulattoes found within the
borders of this State, shall or shall not be
admitted into the courts of our country,
either as parties litigant or as witnesses
upon the stand?
In answer to the first question, l have
to say that we are here In obedience TO
the expressed wishes of the people OF
the State, who have given expression to
that wish through the ballot box; and to
the second question we may remark that
the will of the people, as enunciated In
the Constitution of the State of Missls-
sippi, demands of US action and expires
sion, through legal enactment of this
body, whether or not the freedmen, tree
negroes and mulattoes have rights; and
if so, to what extent those rights are to
be protected and defended in the courts
of our country.
The first section of eighth article of
the Constitution of the State of Mlssis-
sippi commences with the broad admls-
sion that the institution of slavery has been
forever destroyed in the State of Missis-
sippi that section also declares that the
legislature at its merit session and thereafter
AS the public welfare may require, shall
provide 6y laao for tic protection Of the per-
sons and property Of the freedmen of the
State, and guard them and the State
against the evils that may arise from
their sudden emancipation.
This section of the Constitution, like
every other in that instrument, is the
,oiH of the peaple; it is orr warrant for
our appearance on the floor. and each
and every provision OF that document is
at this time as binding upon each one of
US, as the solemnities of our official oaths
to support it, can make it.
1t must be admitted that these freed
men have certainly rights guaranteed to
them by the Constitution OF the State of
Mississippi, which rights, however, are to
be defined by laws, which we as legisla,
tors are bound to enact, if, indeed, we
constitute the Legislature of this State
OF this presume there will be no con
troversy. We have been constitutionally
elected as the representatives of the
people of our respective counties and
cities, and have, in conformity to law,
come together at this place, and claim
to be the Legislature of the State, and if
status as legislators, assembled as the
l'w making power of the State, recog-
nlzed In the Constitution, then we have
assumed and pledged ourselves under the
sanction of our oaths to do and perform
the requirements of the Constitution, and
among which will be found the command
that we shall pass such laws as will pro-
tect the freedmen in their person and
property.
The question is, how can their rights be
protected, and in what tribunal shall
they assert them? Can we protect them. |
and not admit them into our courts i?
Clearly not; then will they have ample |
protection for their persons and property, |
by simply allowing them to sue and be |
sued, plead and be impleaded, without |
the privilege of confronting and being |
confronted by witnesses under the rules
and regulations of our courts? We think
not. Suppose Mr.. Brooks, the Honora
Die gentleman from Rankin, who has lust
closed his able and interesting address.
should bring suit against John, freed
nan, under the statute of the State of
Mississippi. Mr.. B., the plaintiff, will be
permitted to testify in support of his
lain against John. the defendant the
plaintiff and defendant are the only par
les knowing to the circumstances or facts
# the case pending between them; the
'lalntitf sustains his cause by his own
estimony, but John is estopped from
wing testimony in support of the de-
ense he may desire to set up; and the
ase goes to the court or jury with the
lalntltt's testimony complete and full, {
nile Johns defence cannot be sustained |
ven by his own testimony. Have we,
18th this state of things, given John an {
quail chance of success before the court ]
which you have, by process of law, '
lVlted HIM to appear and contest your a
almT We think not. Then what is b
ecessary for him to do in order to give s
I'M probable chance of success? You e
lust ADMIT hlm to give testimony, and
Itroouce other parties to sustain his own '
'ldence, or you do not protect him against t.
le unlawful and unjust claims that may "
: brought against him. Do all this al. c.
" the freedman to testify in his own W
Sc as we are ourselves allowed to do e.
ID you then have every possible advan- cl
&c; you have a white man for YOUR Judge. el
tn all his prejudices against the freed, az
an; you have white jury TO try the al
use and the laws by which you are to
trled are OF your own making. Under NJ
ese circumstances are you fearful that CT
VIII not be successful in your suits at ar
with the freedman Surely you need in
t fear the result, if your cause be lust gi
~ plaintiff, with all these advantages sc
lore him and at his command. who WI
uld lose his cause, should do so. NJ
But the gentleman from Rankin con. it
yes that the moment we admit the Al
edmen to the witness stand, we have in
zen one step towards degradation wi
lt the flrst step IN the direction oi
lal equality has been taken; and an. gr'
er, and another, will follow in ranid ros
cesslon, until the witness stand. the SUI
and the ballot box, will be reached vii
nlm. The people of our sister State art
LOUISIANA have always admitted the pot
'oductlon OF free negroes to testify life
nave never thought themselves either for
raded, or their rights endangered. bv fur
Iolng. The rules of evidence protect De
white litigant. The mere statement f.,
: freedman On oath will not be con