The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-08-29
OOIOFed Testimony = Excessive Pun
ishmeHt.


stands she Act making stealing 3 cap
ital offence. The former is apersistsn
refusal that men shall see with theil
eyes and hear with their ears anything
which may be Of possible benefit to the
coiored race; the latter is a positive
step backwards towards the darkness
Of the middle ages. 1t is enough to say
that if this Act is carried out with
the merciless spirit which dictated it
our citizens may ere long be edited
with the spectacle Of a youth hung for
stealing q handkerchief, or poor
woman swinging from the gallows for
taking a pocket book to supply the
necessities Of herself or her children.
To be sure if there are mitigating
circumstances, and they are made 70
aPpeT on the trial. the jury may
commute the punishment to from
ten 10 tosny years in the pelitsntiary,
so that in the cases supposed the eul-
prit would have a reasonable chance of
only receiving the punishment of an
ordinary murderer, but could the au-
thors Of that law have reflected upon
the time when all their works should
be brought into judgment and the same
justice meted out TO them? 1t would
be an insult to the enlightenment of
the age to repeat the arguments which
prove that these cruel and excessive
punishments, instead of repressing
crime, only hsrdens mems hearts and
make human life cheap. The univer-
sal testimony of eminent writers on
this subject show it, history demon
strates it; the voice of civilization and
progress more and more asserts it as a
fact. II cannot be that the freemen Of
Tennessee will per nit this law to sur
viVe another session.
But upon the other question / fear
that inveterate prejudice and hatred
Ofretorm will maintain a long and Oh
stinate fight with reason. say against
reason, forwhatever show of argument
there might have been against admit
ting the testimony Of colored men, it
has been destroyed with the institution
ofslavery. What was the real purpose
Of the exclusion Of that testimony
To assist a jury in discovering the
truth ? No, but TO suppress the truth
where it might be dangerous to the
interests Of slavery; TO prevent the real
nature of the transactions between
master and slave from being spread
upon the records of our courts of jus
tiee 1t IS not only untrue to say that
a jury would be misled by listening 10
negro testimony,-it is a pslpable alb
surdity. Is body of twelve men who
are competent to try the question Of
life and death of any citizen, unable
to weigh the evidence of a man be-
cause he happens to be black or yel.
low-above all is q jury Of Tennessee
men likely to give undue weight to such
evidence Let those who answer in the
affirmative give their reasons (for it is
for the advocates of any restriction to
show its advantage and we shall prob
ably be told that the negro is 'degrs-
ded being, SIS likely TO tell lie as the
truth, and no dependence can be placed
on what he says" that "you can hire
any of them to swear to lie, etc; of
course winding up with the usual az
gument of sd a Niger, a'gyl0ay."
OF the latter argument, indeed, they
viii not and cannot be deprived, but
let us see what the others amount TO.
Admitting with a protest. the correct.
ness Of the assertions on which they
are based, does it not follow that the
truth will not be ELECTED by an
examination Of negro as q witness ?
The more ignorant and intellectually
degraded he is, the less able is he to
invent and sustain false story. Sup
posing him TO have the strongest incli-
nation to tell falsehood, it is attribu-
ting to him much more than the
shreWdness originally found in white
people, to argue that he could maintain
Il in a court of justice. In our daily
experience we see the very men who
affect 10 be horrifed at the idea Of ads
mitting the evidence Of colored men
against white, themselves questioning
the former in order 10 learn the facts Of
q transaction in which both have been
engaged 1t would seem that it is only
the statements of negroes under oath
that are SO dangerous TO the cause of
Justice, or that twelve men collectively,
aided by a Judge and counsel, are more
| likely 10 be imposed upon than the
same individuals out Of the court room
Ttisa shameless mockery Of Justice 70
pretend that this evidence is excluded
/ for her sake. It was done for the sake
Of the tyrant Slavery, that sat ever at
her side debating the DEGREES which
issued in her name and trampling upon
all who opposed the covenant with he'll
/ Now that the loyal men Of Tennessee
/ have oyorthrown the tyrant, will they
continue longer 10 respect his ediets
Sooner or later the irresistible advance
Of freedom must sweep away every
vestiee of the slavs,pOwer. He VINO
would oppose is progress sisl Ike
a man who plants his staff to ar
rest the course Of the mighty glacier.
/ cannot believe that folly and prelu-
dice viii make this lovely region again
/ thes scene 70 a desperate and abhorred
conflict between the friends and the
enemies Of humAn right But il seems
as If the oppressorB were mastering
their forces and preparing 10 dispute
every inch Of ground 81 whatsyer cost
| So much the more should those who
/ have committed themselves 70 the 10y.
Al party-Which i the party Of free.
dom-be on the alert aud strike q
once st those usagss which serve only
70 keep alive unreasonable prejudice
though they be grated on the laws
end sanctioned By ever 70 ancient pre-
scription- bETA
Hon. G. II. Yeaman, formerly mem
49, a. Er.-t,,rlr,r ks,