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consideration was the proper place for the insertion of
this matter. He should prefer that the whole of article
36 be stricken out, and a more concise proposition substi-
tuted, but he should not address any argument on this
point. He was in favor of declaring that all persons de-
clared competent as witnesses by the common law should
be made competent. If by the common law the negro is
capable of being a witness, why should we keep up this
proscription ? He is among us, and we have christianized
him to some extent, and to continue to exclude him is
nothing but sheer injustice.
But there is another consideration: It is easy to im-
agine a case where the testimony of a negro might be
very important to a white man; where it would be impos-
sible to arrive at the truth without the testimony of the
negro. Then, why cling to the old lingering prejudices?
He (Mr. A. ) had an amendment to propose, as follows:
"Strike out the words 'nor shall any person be deemed
incompetent as a witness on account of race or color, ' and
insert, 'nor shall there be any incompetency of witnesses
not recognized by the common law of the land. ' "
Mr. A. then referred to the quotations made from the
Dred Scott decision, and said that the question of citizen-
ship was not at all involved. But there is another para-
mount reason: The whole judiciary of the State is em-
barrassed by the present position of this matter. Our
judges are indicted in the federal courts for refusing to
receive negro testimony, and it is our duty to relieve
them. Is the bench of the State to continue to be de-
graded, because we persist in holding to an effete preju-
dice?
Mr. Peters argued at length against the admission of
negro testimony.
Mr. Carey said the negro was in fact and by law a free-
man of the State of Maryland, and was so declared in the
24th article of the bill. He was opposed to both of the
reports made this morning. It was the right of the negro
to testify—his right as a freeman. The law of 1717, pro-
hibiting negroes from testifying where white Christian
men were concerned, was based upon the idea that it
would be dangerous and impolitic for the negro to testify.
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