Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-10-09

witnesses in a court of justice shall be en-
titled to vote. The Legislature may meet
and declare that negroes may be compe-
tent witnesses, and then we should have
negro voters. He hoped slavery would
be abolished not only in Tennessee, but
throughout the United States, but he
would never consent to put the negro on
an equality with the white man. APP
plause.
On Friday, the 18th of January, Mr..
Bingham proposed to take up the report
of the Business Committee (being the
proposed amendment to the Constitution
and the schcdule) by sections. The re-
port of the proceedings of the convention
then proceeds:
'Mr. Butler asked leave TO mako few
remarks and to offer an amendment. They
had made hard fight and been fairly
beaten, and he now proposed that mem
hers should harmonic. The amendment
he had to offer was for the purpose of
forever depTiving negroes, Indians and
those of mixed blood, from the right of
veting, holding Office, or being competent
witnesses in court Of justice against a
white man."
Mr. Butler was opposed TO this meeting
of citizens and soldiers, unauthorized to
act in any capacity whatever for and in
the name of the people of the State, re-
solving itself into Constitutional Con-
vention, to alter and amend the funda-
mental law Of the State, for the reason,
! as he stated, that those present had no
right to assume such powers; but he was
defeated, and that is the fight to which
he refers.
Subsequently the report of the Business
Committee was taken up and acted upon
by sections. The ninth section of the
schedule is as follows:
"Section 8. The qualifications of Vot-
ers and the limitation of the elective fran
chise, may be determined by the Legisla-
| ture which shall first assemble under the
amended Constitution"
WHEN this section was read, Mr.. Butler
| offered the following amendment:
"That we, part of the people, in pri-
mary meeting assembled, have ordained
| and established the following amendments
to the Constitution of the State, which
we recommend TO the people for their rati-
| ficstion: That no negro, mulatto, Indian,
or person of mixed blood, descended from
negro or Indian ancestors TO the third
generation, inclusive, though one ancestor
of each generation may have been white
person, shall exercise the elective fran
chise, or hold any office of honor or profit
nor shall they be competent jurors in any
court of justice in this State or give evil
dence against white person. u
After considerable discussion this
amendment was laid upon the table. Had
Mr.. Butler succeeded in his efforts, the
constitution of this State would have
been so amended as TO forever disfran-
cbise negroes, and not only that, have
rendered them ineligible to hold Office,
serve in jurics, or appear as witness
against white man. After this Butler
was elected to the State Senate, and there
he maintained the position he had assumed
in the Convention. In the Senate, on the
Sth of April, 1865, bill which was in
troduced by Mr.. Pcart, to repeal the sec
lions of the Code which declare negroes
incapable of being a witness in any
cause, civil or criminal, except for or
against each other" was taken up in its
second reading. We quote from a report
of the debate which ensUcd, as follows:
''Senator Butler, of johnson, opposed
it as premature step towards regulating
the status of the negro. Coming fIom
district with fewer slaves than any in the
Stste-a district that has sent more SOL
diers to the Union army than any other
in the State-a district which has never
been questioned for its loyalty and dcvo-
ton to the United States Government he
felt it his duty, knowing as he did, the
sentiments of his constituency, TO oppose
IFS MASSAGE. This bill proposes
to make witnesses of negroes against
WIlllG HUI, dDNl AlloS 10 lAOo tAAS lApob w
icctjonable feature: it makes them quail
fed voters, and the repeal of the sections
of the Code will he so construed by the
iuTists and courts of the State.
Tennessee is not prepared for this great
stride in elevating the negro. She does
not expect it of this Legislature. The
men Of the mountain districts who bave
left their families and periled their lives
for the Union, will be shocked at this
hasty legislation, which sets up the lives
of white men to be sworn away by ne
groes. They will not approve it and
knowing their honest sentiments regard
ing this subject, feel it my duty, in JUS
tice to my constituency, to record my
vote against the passage of the bill"
In the Senate, on the 18th of May, Mr..
Trimblc introduced a bill ''to render per-
sons of African or Indian descent compe-
tent as witnesses in the courts of this
State" 1t is customary in all legislative
bodies; it is regarded as courtesy due to
the authors, to allow all new bills to pass
their first reading without objection or
debate, but Butler could not allow this
movement 'to do justice to the negro" to
pass, and Immediately upon the introduce
ton of the bill, he is reported to have de-
nounced it as fellows:
''Mr. Butler protested against the intro
duction of such inflammatory bills at this
late hour. The negro question came be-
fgro of aor1vT Aarr and vUp laid If
over during this session by very decided
vote. 1t has been the distinct under
standing that this subject should not agi
tate this body at this session. 1t is under
stood to be pending question, and we
have already had fair expression of |
opinion on it. We desire to adjourn