The daily clarion. [volume] (Meridian, Miss.) 1863-1866, 1865-11-19
Mr.. CHAIRMAN (:

4 S'f"~~ ~ ~~'~' ~ ES~~~' @
Mr. CHAIRMAN;
l with other members of this commit
tee, feel that there Is such a weight Of
| responsibility resting on US as may we'll
cause US to tremble. We are legislating
under circumstances the most embarraSs-
ing, and it devolves on US to pursue the
course that may be indicated by enlght-
ened state policy-slrip of all the en-
cumbrauces and look to the naked ques-
ton. Before coming directly to an
examination of the question, beg leave
to diVest it of some of its embarrass-
! ments.
! It is urged by some that the demand
for negro testimony comes from Wash
ington; and doubtless this exercises an
influence to some extent. | sir, am leg
islating for a Mississippi constituency,
and can only be controlled by my views
of Mississippi State policy, without
reference to demands only as they arise
out of the interest of my people.
1t is urged by others that this is a cen
trail demand, intended to pave the way
for other and higher demands. This Is
also extraneous from the issue-the only
question is this, is it wise policy to adopt
the substitute? If so, adopt it, and when
another demand is made, determlde its
wisdom and policy and act accordingly.
1t is urged by others that the cons
tuition devolves on US the duty 10 protecl
the State and the negro from the evils
| arising from his sudden emancipation.
This is true. but has no reference to tfs
timony-if you allow him TO testify, by
what process of reasoning do you arrive
at the conclusion that this will result in
the injury of the State or the negro? 1t
| is evident that the clause refers to pro
lection of the State and the negro from
| the effect of crimes which Will result
| from his sudden emancipation. Under
our former laws the negro was protected
and res 'rained by bis master. Now the
| law has to take the place of the master in
protec ting and controlling him, and t be
| comes us to frame the criminal laws as to
| protect The State and control the negro
and so frame the civil and criminal code
as to protect him. This objection | do
not conceive to be pertinent 10 the ques
ton under discussion.
1t is urged by others that the negro
has not the intellec ual and moral quail
ifications to make an intelligent witness.
This sir, is the most weighty objection, to
my mind, that has been urged, and in ii
there is a policy. While | admit that
they are as class deficient in intellec
tual and moral perception-at the same
time contending that their normal con
dition is slavery-so intended by the
Almighty and that he will ultimately
prod ice this result, and, further, | hold
that the negro is in slavery iu a higher
position intellectually than he can ever
be In any other condition. L still hold
that there are some of the class that have
these qualifications. The court IS to b.
the judge-if they have the qualifca
tions they will be admitted, and it they
have not, they will be rejected. The
point | wish to make is this, that thi,
objection can only apply to those who are
vulnerable to it, and that this objection
addresses itself to the court. If some oil
morally, this objection falls to the
ground. If this objection was tenable,
we have always been wrong, for they
could always testify in some cases.
l think | have shown that none Of
these considerations should influence oui
action, and | come now to the examina
ton OF the main question. And sir, !
ask when ii is properly divested OF ex-
traneous considerations in what aspeci
does it ProoOnt iteelf simply sir, as .srs'
question of State policy. In this con
nection let US turn our attention to the
legal question. What is the law on this
subject in the absence of restraining
legislation / affirm that whenever the
common law prevails, every intelligent
being is competent, II he has sufficient
moral sense, and of this the law submits
tests of which the court is the Judge.
do not design to pursue the legal argu
ment 1t has been so ably presented by
the gentleman from Wi kinson (Mr.
Slmrall) and the gentleman f.om Monroe
Mr.. Acker) that | could but represent
the argument submitted to the COM
mittee.
In this connection let US look at the oh
Ject OF testimony. 1t is simply to elsit
truth as bearing. on the is,ue. For this
purpose every intelligent being and every
tangible thing may be used a proof II
in this am right, land OF this there is no
doubt) what is its effect on the question
under discussion. 1t is that the regro is |
a competent witness; and this brings to |
the discussion In the view OF enlightened |
public policy. We can readily perceive |
the public policy that would indicate this
restriction during the existence of slavery; |
but now that slavery does not exist, what |
is there In State policy to restrict il? In |
what view of State policy do you propose
to admit the HiLdoo and restrict the ne
orc? Ii there Is any thing | must confess |
my inability 10 see it. 1t is said the negro
is ignorant, | grant it. 1t is said he has
an obtuce moral perception, l grant that
too: but is he more so now than formely? !
Did not the same mental and moral state
attach to him in slavery? Yet he was al.
ways allowed to testify in certain cases.
But the paramount objection seems TO
De that it Is an appropriation to equality.
If this is true, the objection is a good one
md no consideration could induce me to
'ote for it. But must beg the indulgence
'f the committee TO examine this question
| littfe further. What is equality in the
sense? 1t is not the natural
questions that pertain to a man. All
men possess them, and possess them in
he same way. 1t is not TO the manner In
Ehich title to property is obtained, for
his Is the same in all cases. If a negro
lbs right by law to acquire title to pro
'erty 1t is done just as a white man ac-
uires it. His home, if he has one, is his
astle just as a white mans home is hie
astle; but there is no equality in all this
he domicileated foreigner is entitled t. ,
II this.
But what is meant by equality To tes-
lily is duty, but not a franchise. Whel
'e speak of equality in the connection in {
'hlch we are now discussing it, we alIudt
franchise. Not only equal duties bu, :
quail rights privileges end franchises y, | ,