Year: 1865

bcr which is published in The jacksonville HoygEJ


1t is full of sound and sensible advice 10 his people


counseing them to do right TO establish themselves


in liberty. Judge Marvin has long been known in


the North of the wisest and most cIear-headed


Judges. He was before the war; Judge of the United


States District Court of Florida. He brings to Ls


new Office the excellent qualities which distn-


guished him on the bench. We extract the following


passages from his address:


THE CONDITION OF THE STATE.


When the rebellion failed-for as such it will go


INTO hlstory-by the surrender of the Confederate
| armies-our State government, which had been iden-


tined with it, also went down a ruin among the gen


era rum which overwhelmed the States Of the South
| Florida was then without government of any kind


and remained in that condition of anarchy and con-


fusion for few days till the United States Govern


ment extended over the State martial law, and such
! IS our status at present.


| After much discussion by the best and soundest


thinkers in the nation, the question has been settled


WIN much unanimity that the secession of n State


an llhpcsSl5l!lty. rebellion cannot hea success IN


less 1t amounts TO revolution affecting alike all see


tons OF the country. The very soil embraced within


inc American republic scorns TO receive the impress


OF oat one Government at the same time 1t follows


that Florida has never ceased to be State in tba
Union; but she has been State in rebellion. and bv
her acts, has destroyed her State Government and


particularly the institution of slavery which was
hurSed IN Its bosom and defended by it. She IS now


ned by martial law in 4 state of tutelage with her
political rights in allegiance. ard will be kent there
I'LL she organizes for herself on new basis. new
Government.


| THE AMENDED CONSTITUTION


feel it duly 1 owe to you and orr common
country to call your attention to few matters which
must characterize the Constitution to be framed
| Every element which entered into the war seemed
concentrated on The destruction of slavery II was
without CONSTITUTIONS basis Or legal protection when
your state Government was des;royed-it has been
eXtnsulshed by military orders and bv Presidential
proclamatons, and may be considered as thrice dead
| and plucked up by the roots Any atternDt on the
part OF the Convention 10 revive and reirstafe it
would be labor ard time spent in yain The Gdgye
co''S'''t''oH Of ftorida wa' guaranty t,eeog o1c 10
| "'t-it must not be biochs rbic, Lu free


And am free to confess that, in view of the dis
organized state Of our society, it is well in NV iudr


ment, that slavery has passed away forever Suupos
ing the institution had remained and the one hun
| dred and hl;y thousand colorcd troops who have
been thoroughly drilled in the use of arms and in
structcd III the rights of irecmen, and vino have cy
hblted on many battlefield, and in the stormng Of
paterleS' aSteadiheSs and courage equal to that of
| the white man, turned loose among us how
long would that institution last or whose life or
property would be secure? In that case slavery


would disappear i'll carnage and in rivers of blood
Ihank God the thing is out of the way and we are
safe. The future of Florida, in this respect is that
of every other State in the union except Kentucky


and Delaware and shortly these States must be free


As citizens. before the law the freedmen must be in


all respects our equals do not mean that as n race
they are or can be made during many generations if
ever, the equals personally of the Caucasian race or
can ENJOY the same political social position; but
| that Is no reason why constitution or law should
| discriminate against them. The right of suffrage
does not necessarily follow, for that is not natural


but political right, which may be granted or with
| held, as sound policy may dictate.


But, that the government may be convinced that we
are acting in good faith in framing Constitution the
Convention, in my opinion should Incorporate into
that document the amendment of the Constitution of
the United States, which prohibits slavery or invoun


tary serviude. except when the party has been duly
convicted OF crime by due process of law, and which
also aceords to the United States the power enforce
this provision. If in earnest in recognizing
the complete freedom of the blacks and in perpeuat


ing that freedom, we shall have objection to the
adoption of that amendment. Againt such action [
| have heard two objections urged. The first is il
would be asserting to abolition and we prefer hay
ing 1t forced upon Very well it is forced upon
you by Government, and by accomplished facts and
you must consent tot or you belligerent. Your
consent must be put on record in the most formal
solemn and binding manner, a condition precedent
| to peace and the restoration of State rights The
second Objection, we arc unwilling to impose aboi-





demands this of all the late insurgent States Six of
them have already complied with the demand. Ingo
| doing they acted simply for themselves Let Florida
frame Tree Constitution, adopt the amendment and
you give evidence to the world that you are taking
steps which neither you nor your posterty can re
trace and you prepare the way for admission into the
| great siste1hood of States.


| CoLoRED MEN TO BE WITNESSES.
| Furthermore, the Constitution must declare that
persons Of color shall be admitted as witnesses in all
our courts OF civil jurisprudence. The law in this
| respect, must know no distinction of color.
am aware that this is hard doctrine to many


but 1t is not and never was, such to Some think
| the negro constituiionay ar-that fasehood is
marrow in his bones, and that it crculates in his


blood Now that is not true in whole or in part and
the statement is SANDER upon both God and man.


An experience of thirty years in the South has salts


fed me that the slave has often told the truth whilst
the master has lied All classes of witnesses stand


before the court and jury upon their own merits and


their testimony, by judge and jury is taken for what
1t is worth. They would, no doubt, often periure
themselves but who does not know that every court
room the theatre of less false swearing ,
| But we owe it to the bounty of wise Providence
that justice Is seldom perverted by false Witnesses
| Perjury is such mOnstcI-has so many and such


horrid headsthat the kissing of their tongues makes
sort of Babel of the witness stand warning with
each other and with reason and with a thousand cir





truth. For some gears occupied the Jencb and a,ay
the instances in mhich Ihare L1,o,ct gAy parties
to pRwhpped oJuStice because coIored eoplc coud
| not into the court and testity.


The admission Of such witnesses would have given
the State Prison the gallows its due and relieved
society OF bid and dangerous characters. L have
much feeling upon this subject, because the impress
sive and painful lessons of years crowd in upon lily
memory You know that the menial classes of all
l I 4.
and that in some instances lords and mobiles have
been sent to the gaows the evidence of house ser
wants. Our coored population are as well qualified
to testify as they You keep the negro out of court,
and what chance has he for justice? Just none at
ALL The government AID the world are aware of this
and do not think Congress will regard the Const
tuition you may frame republican in form or cal


culated to secure the ends of justice to all citizens


unless the negro is permitted to come into court as a
| witness. may be mistaken: but should that wrong
be perpetrated, and your constitution rejected that


account, for shall acQuiese in the justice of the
decision. The factis we have other left
but to make clean breast Of this whole business do
full justice to the negro though he of is an inferior
race, and remove the whole subject growing out of
his slavery emancipation and staHs from the thea
| ire of politics.


STRENGTH OF THE NORTH.


Fellow citizens, during the past two years have
resided at the North and think know the tone of
public sentiment there. assure you that whilst no
unkind feeling prevails among any class stern de-


termination exists everywhere that slavery in all its
forms and phases, shall be buried so eternally deep
that it will know no resurrection 1t is still further
| their determination that the elements which enter


into the foundation of the Government shall be of
| universal application, making us happy and pow
| erful people.


Our loyalty may not be the most ardent and proud
at the present time. Our property lies ruined and
scattered in the wide-sweepiug and bloody paths of
But the ruin wrought is not the only aspect of
the case that should be considered. The suffering


has not all fallen to our lot. The sacred remains of
two hundred thousand Mortimer lie buried in South
graves! The sacrificing heroism of your North
ern brothers, which has challenged the admiration


and wonder of the world touches the chvalrous feel
ings of the South, and teaches that con-
quered not by menials towards, but by foemen
worthy of our STEEL Their wealth and resources have
astonshed the nations of the earth well our
selves, and let say to you, that the North is


firmly fixed in its position that the conflict of the last
four years. calling to the field million and half of


men, and spending money in proportion, has had but
the slightest effect upon either business society
and the Government was so strong in men, re-
and the affections of the people when the
| closed. At the time of Lees surrender Grant