The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1867-01-17

Il
ED1Tons cIAn1oN !: Permit me throfgh
your columns to suggeststo the Legislature
soon to meet some matters for legislation.
viii present them briefly in the order in
which they occur to my mind.
First Under decision Of our High Court.
not yet reported in the books, any property
OF the citizen, exempt by law from levy and
sale, is the moment such citizen sells such
exempt property. liable to be taken in ex-
ecution and sold, under any judgment that
may at the time be against such citizen, al
though such citizen intends to remain in
this State and reinvest in like or other prop
erty. 1t occurs to me that such property,
sold in good faith, should pass good title to
the purchaser. This can only be done by
| suitable and adequate legislation. / shall
not reason the matter pro- or con.
Second The first year Of our present labor
| system has closed, and witnesses in settle
ments with the freedmen, many ugly set.
tements-in parol I suggest that each
employer be required to give each freedman
detailed statement in writing, distinctly
itemizing the settlement and signed by him.
otherwise no settlement shall be deemed to
have ben had and the wages shall still be re
coverable.
Third. Many are hiring for 1867 upon the
condition that the freedmen find their own
support-not to be advanced by the employ
er-the effect of which generally is to en-
courage larceny and subsistence thereby no
the neighborhood.
Fourth. By our law of evidence no man is
competent witness in any case or court,
| whose religious belief is by law of evidence
deemed defective. 1t occurs to me that
every intelligent citizen should be eompe-
tent witness in any case without regard to
his religious belief or opinion. and that he
| might be required to disclose such defect,
and the same should go to the jury with his
evidence and be passed upon by them for
what it is worth. If you happen to believe
the unpopular doctrine that there is no God.
or no future state OF reward or punishment,
then you can't testify in court against the
telon who murders your wife, your son or
daughter, burns your house, steals your
horse, assassInates. the Governor of the
State or commits any other high or low
crime IN your presence, even though YOU
may be the only witness, and a life of forty
years has given you character for truth.
veracity and integrity without a. blemish,
andSno man would question your statement,
while the murderer, rObber, ravisher, thief
aud liar can testify against you, if he will
only say he believes there is Cad, or state
of future reward and punishment-whether
he is negro or white person-and thus the
foulest criminals may go unwhipt. l am
full believer in the Christian religion and
long member of the Baptist Church, but
would abolish this distinction in the law of
evidence, so far as to allow such persons to
testify to the facts they know and their re-
ligious belief, and let the jury pass upon it's
truth or falsity. know a number of men
who hold such detective belief, and vet I
don't know one whose word would not be
ieve as soon as any other mans, for they are
severally honest, intelligent men and of the
highest integrity, truth and veracity 1
would not remove their disability for their
sake or special benefit, but for the public and
general good. l have recently witnessed
two failures to convict in the most heinous
criminal cases. because of such disability,
while no man dared to question the truth of
the witnesses, and every good man felt
shocked and outraged at the rule of law
that excluded truth and the witnesses Let
this arbitrary law be repealed, and let the
white man testify as well as the nego.
Fifth. The statute of limitations SAYS in
effect that if you have lived in the State of
Alabama and your creditor lived there also
until his note or account against you was
OdAIOu anu ut6CAdIS0u LII budU SGGG0 DV The
laws thereof, yet If you move to this State,
that creditor can send over your note or ae-
count and sue you on it here any tine with.
in three or six years and make you paw it or
if you stay there, and your creditor can find
any property or credit of yours in this State.
he can attach it and condemn it although by
the laws of Alabama where you both live, he
could maintain no action on it against YOU,
This is wrong and our statute should provide
against such cases. Mr.. Story in his ICON
fiict of laws" so reasons and insists, but
yields to the weight of decisions. Alabama
has SO declared the law. Ohio has SO legis-
lated the law. Judge Sharkey so reasons in
How. and we should so legislate.
Sixth. Allow negroes to testify in any case,
truth is always desirable to honesty and viz
tue, morality and right, falsehood can be de-
tected, exposed and rejected. Reject not
truth from whatever source it may come
but receive and cultivate it. Reject false
hood, come from whence it may. If testi-
mony passes through the crucible and ordeals
appointed by law and writes truth and con-
viction upon its sworn judges, it is the high |
est test of truth, and should be allowed with |
out regard to colors, age or sex or religion. |
The pure and just are not endangered BY it, |
but only the impure and unjust tremble for |
their trade and villianies. Let us have all |
the light we can get even though it eminates |
from dark element, if it be not eclipsed by |
the clearer light of a bright element.
Seventh. Impose penalty upon any white |
person who sells or rents any lands or houses |
in any city, town or village toany freedman,
and prohibit the payment therefor and pass |
ing of title or possession. This will prevent |
vagrancy, idleness, larceny, burglary, arson,
disease and death, as every man |
knows who has witnessed the scenes and |
conditions of the towns the past year and |
place the deluded and foolish, indolent and |
improvident creatures in useful labor, sup
port and health in the country.
Eight Amend the rent laws of this State |
SO as to make the rent debt an absolute and |
paramount lien on the crop and property of |
the tenant and sub-tenant for it's payment, |
and a second lien thereon for all supplies adj /
vanced or furnished In making the crop. /
by the lessor or another-and gen.
orally in all cases whether tenant or other
wise, supplies of food furnished shall ope-
rate as lien on the property of the debtor,
second only to therent, in cases of tenants.
This would enable many to farm, who now
cannot. Ihave other suggestions to make,
but will defer them for the present, hoping
hose already made will fall upon the eye and
meet the approval of the Legislature. +
Yours, &c OBSERVER.
The Richmond Times, says: 1--WE
10 not know that the mantle of proph- /
ICY has ever fallen upon us, but we
k.,,.a a ,aroS7;o4;nv, Ia - %I,s,s ElI, T.