Year: 1864

unfortunate step 10 Indiana e Il "a .au 4, the rigut
of the State to define The status OF the different cases Of
people in the State. This amendment pr poses to inter
fere with that right ami to place IN the courts of the
United States witneses class ihs the peope If that
State have said should mol thus appear II may be done
tley be forced upon society Ia all It's eaOns the
equal OF the white but that legislation will not make
tn, IN equals. For one l do not believe they our
equals do not believe they ave cur equals 10 the army


in the courts any where else; and for that
voted against the bill proposing that they should have the
/ same pay in the army white men. Their services are
not worth much and care not who says 10 the con-
trary do not believe, any weight OF testimony
make believe that the negro s The equal OF the white
soldiers that go from the State of Indiana They should
not be paid much They cannot command SO much at
home for their labor because they lack those qualities
that secure high rate OF compensation to the white man.
Sir our is honored by history that distinguishes
it, In all the pursuits of life our raca has gone onward
and upward Standing alone it has for thou
sand years without step backward la the ars IN the
sciences in literature in law, in all the departments OF
art and learning race has gone onward and upward
for thousand years Standing alone, the negro has
| gone downward and downward for thousand years
When brought in contact with race admit it has
made steps upward but standing alone, dependent
upon its quality and its ability to raise ITSELF the
| tendency of tho gro has been downward Stand


ing alone, depending its ability and high qualities,
the tendency of the white race for thousand years has
been upward and onward. With such facts standing be-


fore hard to be convinced that the Is the
equal of the white man; and am not content to
law passed by the Congress of the United States placing
the negro upon platform of equality with the white
in the courts of the country the sanctuary OF our rights
Mr. HARLAN desire to inquire Of the Senator from


Indiana If in his opinion riding public conveyance with
another either creates or e'ldence OF
ity between the parties The principal objection alleged
by the Senator if understand him, to this bill is that it
will inaugurae social equality, and he enforces this
vction by alleging that Congress has heretofore enacted
laws establishing equality between the colored people and
white people of this District in not prohibiting the com
of the street cars by both classes. desire to
know of the Senator from Indiana If in his opinion that
is evidence of social equality to be found together on
public conveyance?


Mr. HENDRICKS. l do not say that it is conclusive
evidence Of that but when the majority of the Senate
that they have right to social and political and
legal equality and hold that therefore they cannot be de-
MED position in the with the white people although
accommodations provided otherwise for them, say
that does show what the majority desire would not be
understood saying that the TACT that the negroes
allowed by action of Congress to ride upon the
with white people established their equality with the white
race but say repeat that the fact that the majority in
this body require that they shall ride the
that they shall receive the pay in the army the
white soldiers that they shall receive the bountes
as the white soldiers and that they shall be heard in
the courts witnesses shows the purpose OF the majority
to place them terms of social POLITICAL and legal equal
ity with the white race did not refer any particular
action of this body but referred to the general tendency
of proceedings giving nearly all the time of the Senate
the consideration of the interests of the negro and but
very little of it to the white NAH,


| Mr. HARLAN argued in favor Of the bill. He denied
that if black sheud successfully compete with
white and obtain contract for carrying the mails it
would establish social equality Neither that result
produced by the law providing for the enlistment of both
| white and black men soldiers The laws this sub


ect require that the coored shall in separate
| regiments from white men. To examine person in
court witness would not affect the social position of
the witness himself that Of Others whether white
black. 1t did not follow that if black permit
ted 10 testify that he should be juror. Women and
children testified, but it did not follow that they
should be authorized to sit jury SO in relation to


the correatlve questions the right to vote and the
right to hold Office. very small proportion, compare
lively, of any civil community permitted to participate
l tts nahl Fair
paratvey permitted to vote and very small proper
ton hold Office These rights not natural rights they
rights that arise under the law by the common consent
| of the whoe and in adjusting the political rights and


franchises Of each class the community supposed to be
controlled by desire to promote the interests of the
whole The right to vote, to hold Office to aid in making
the laws in adudcatDg and enforcing them is derived


from the civil society OF which the parties members
They not natural rights s the rih to life, liberty
and the pursuit OF happiness Being made witness is not
natural right 1t may be considered duty when re-
9ured by parties to dispute, to testify it may bo
Rrevous wrong to the parties tgant not TO permit them
to introduce the testimony of persons conversant with the
facts controversy But being required not required
to testify as witness is not question of natural right
and in way affects the social status of any The
rights of all should be protected alike by the laws


In this respect they should be perfectly equal But when
you proceed to bestow civil privileges you must take into
confederation the capacity Of those who to hold the
tust The bill raises no question of equality but it does
raise question of expedency The mails carried by
contractors. The right to carry them is given to the
lowest responsible bidder who can give the required
cury Tor faithful performance uf his contract. Now,
a coored man should put in lid at lower rate than all
others for carrying the United States mails and give the
requisite security, what harm could result in permitting
him to execute the contract No. the least to any
tai on earth.


Mr.. SALISBURY stated that he bad been born and
rased his fathers plantation among the class of pe0
pie referred to in the b aud that he recoIected tbem
when they in their proper state and condition. with
other feeling but that Of kindness and be believed
his heart to-day that that class Of the white people of this
country who most for them, who think better Of
them and who labor for their real benefit the slave
holders OF the land those who have been brought up
amidst that institution He did not believe that all this
legislation, all this excitement in tho Northern section Of
the country from any great regard FIR that class Of
beings. Knowing them he did aud knowing their
pscy for the positions 10 which 1T ia sought TO elevate
them he believed that those who attempting to
inaugurae this modern policy will be adjudged by the
faithful record OF history 10 be the worst enemies to this
class Of people He had desire TO deprive them of any
right which they have ought to have he wished to in
woke prejudice the part Of others against them but
hs deemed duty he owed TO the whole people Of this
country, and especially 10 The white race. 10 protest
against all this kind of legislataG


Thea speaking directly to the bill under disc sson no
asked, under what circumstances does the amendment
before the Senatel The bill simply to do away
with the disability Of color to persons carrying the mail
The assigned by the honorable chairman Of the
Committee Post Offices and Poet Roads for this amend
men is that the bill to- pass it becomes necessary in
order to protect toe public to make this class OF
people who shall be mail witnesses in the Federal
,urts. Does your amendment conne the reception of
their testimony to where the public service refer
TO the mail is involved Does it say that in any case
where prosecution may be depending for Tobbing the


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