Year: 1865

make an affidavit as the founudtioh " 7"
warrant againa person, white or oiacH,
who had stoler his property or coinnlts'sso .lss.1
a robbery on lin? If he cannot ne IS
certainly unprotected. And II ne can


make this afftavit, he can TESTIFY "heH
the case comes on for trial.


In this correction let US inquire oy
what law, apdwhy it was negroes were
not allowed to estify heretofore. It was
simply by a prohibitory act,a "t'fot''
which they would have been competent
witnesses. AMI now we are to look into
the reasons for that act. No one, t is
presumeca1 misunderstood the reason
of the law; it originated out OF the sys


ter of slavery, and is mere law OF pol
icy, constituting a part of that system
The whole System of slavery having been
abolished, as Consequences, all laws which
originated in and constituted a part Oh
that policy .mu;t also be abolished. lhe
shadow cannot iemain after the substance
has been Withdrawn. 80


1t becomes necessary that we should
rightly understand and appreciate the
policy of allowing the freedmen to
testify in all ases in which they are
inte1es sted. If the Legislature should
fail to do so, then all our labor is lost,
and we must be RENTED back to a
military government, there to remain at
the pleasure Of the Government OF the
! United States. Not because this Is any
new demand upon US, but simply because
of our failure te carry out in good faith
! the acton Of our convention, which de


clared the negro's to be free, and gave
them pledge fo the protection of their


persons and ppperty. Our country,
/ instead of being filed with slaves, is now
filled with freedmen with whom we have
to contract, anc towards whom we are
bound to do justice. Vice and morality


ought never to b encouraged. 1t is the


business of. legislation to close all avenues


against them. The weak must be pro


tecfed against tie strong and crafty and


there are some who would take advantage


of the negros incapacity to testify, and


wrong him out Of his just earnings.


Anything short of allowing these people


to sue and to susttin their suits by the
testimony of that dass with which they
chiefly associate, wuld fail to give them


the protection which is guaranteed to


them, and place them completely in the


power of those whowould take advantage


of them. We are low to have this people


among US as free laborers and it is a


duty, dictated by humanity, by justice


and by interest, toprotect them and i'm
prove them if we can. So long as we


have the trial by jury we have no reason


TO apprehend darger from giving them


the right to testify. An intelligent jury


with an intelligent court and counsel, will


al rays be able to discriminate between


Truth and falsehood. By these insuu


mentalities we are, and have always been


protected from the effects of false testi
mony, ana we need have no fears in the


future. 81. mas


But some persons object to the admis.


sion of negro testimony, because they


say it is raising the negro to an equality
with the white man. Admissibility tc


the witness stand, IS certainly a new ano


strange test of equllity, and if it be the


tue one, then all men who are compe
tent as witnesses are equals the witnes;
who would have no credit with jury
the witness whose statements are proven


to be false, is the peer of any man in the


land, no matter howpure or how elevated
his character may be. The notoriou:


liar, the highway rotber, the horse thief


are the equals Of all men, because they


can go to the witness stand. BY this pro


cess of reasoning, instead of raising the
negro to an equality, we are letting our
selves down. NJ body objects to tht
negro's right to sue, which is the highe


and greater right; he may go into cour
side by side with US, that does not max


him our equal, but keep him off of tn


witness stand, that makes him our equal
If this be the standard of equality, thei
VIZ HcSEO has always UCcu OuI equal, ~
he has always been competent to testify
: from the same witness stand, agains
white witnesses, in prosecutions agains
negroes, and it has always been the pTac
tice of the jury to weigh his testimon,


against the testimony of white witnesses


But it is sometimes urged that if W
permit negroes to testify, they will be pu
on juries and be allowed the right @
suffrage. answer, that jury service
not right at all, it is duty and tits
duty the State may require of whom sh
pleases. Even now juror must posses
certain qualifications, he must be free


holder or a house holder, and he must b
a white person. In regard to the right c
: suffrage, that is matter fixed by tn
constitution, the voter must be whit
+ person. and so it must remain until whit
. voters may choose to changeit.


: Those wao oppose the right of negroe
! to testify, do not reflect that they ar
, pursuing the very policy which tn
, Northern radicals approve, and in fact al
giving aid and comfort to the fanatics {


the North. by helping to break dow
5 the President, and, if they could accon


plish their purpose, they would most a.