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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 344   View pdf image (33K)
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mony to the negro, but it should be left to the Legisla-
ture, and this distracting issue should not be thrown into
the coming canvass. What was the necessity for it ? The
radical judges, under the laws of Congress, were admit-
ting negro testimony now. It was said that the new
judges to be inaugurated would be embarrassed in the ab-
sence of this provision; but the new judges would only be
installed a "few days before the meeting of the next Leg-
islature, which would be fresh from the people, and if the
people wanted it, they would pass it.
Mr. Mitchell regretted that this issue had been brought
into this Convention to distract their counsels. He was no
enemy to the negro; he and his ancestors had held them
from the time they were first brought here, and when he
owned them, he would have suffered his right arm to drop
from his body sooner than oppress them. He wanted
them now to testify, if the people desired it, and wished
that it should be left to the Legislature. He offered an
amendment as a substitute:
"No other than a white person shall be competent as a
witness, unless hereafter so declared by act of Assembly,
unless in cases where the negro is now permitted to tes-
tify in courts of justice. "
Mr. Stoddert took the floor in favor of the adoption of
the provision into the constitution. So far as his section
was concerned, the negroes were moral, tractable and
obedient, and they should be encouraged by giving to
them this privilege. There was no principle of right and
justice which could be urged against it. It was a natural
right, and entirely different from political rights. No
feature could be inserted in the constitution which would
render it more acceptable to the conscience of every man
in the State than this. He said to the Convention, "Do
your duty, and trust the consequences to God and the
good sense of the people. "
Mr. Bateman said this subject had been debated at
great length, and he did not think that anything that
could be said by the most distinguished member of the
Convention would change the vote of any one. He and
the other listeners of the Convention had given great at-
tention to the arguments, and he hoped the talking mem-
344


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 344   View pdf image (33K)
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