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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 345   View pdf image (33K)
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bers would now go with him in asking the previous ques-
tion.
The call for the previous question being sustained, the
question recurred on the amendment of Mr. Mitchell,
when it was disagreed to by a vote of 63 to 32.
Mr. Jones, in explanation of his vote in opposition to
the amendment, quoted as a precedent the fact that the
law of evidence had been, to some extent, laid down in
the federal constitution.
Mr. Keating, in explanation of his vote against the
amendment, said that he was opposed to putting any pro-
vision on this subject in the constitution at all.
When Mr. McKaig's name was called he rose and said
that he was in favor of giving the right of testimony to
the negro, but not the right to sit as a juror or the suf-
frage. He was like Harrison when wounded in the fort
by Proctor with his British regular and Tecumseh with
his wild Indians. Harrison withdrew his small force from
the outer bastions and made a successful fight in the inner
ones. Had he attempted to hold both he would have lost
both; so it was with him (Mr. McK. ) The oxen of Bashor
were roaring at Washington, and something should be
yielded to outside pressure. He would surrender this
outer bastion of the right of testimony, but he would
place his back on the jury and suffrage rights and say,
"Come one, come all; this rock shall fly from its firm base
as soon as I. " [Laughter. ] This much might be done to
quiet the Yankee howling, and avert the irruptions of the
Puritans of the North, who, in his opinion, were the worst
part of God's creation. [Laughter. ]
The amendment of Mr. Peters was then disagreed to.
Mr. Tarr, of Caroline, had come to Annapolis deter-
mined to go against the consideration of anything relat-
ing to the negro. He had hoped that it was an obsolete
question. This idea of negro testimony had never been
agitated among the people of the State. Mr. Tarr moved
an amendment that the negro shall not be competent as a
witness until so declared by the Legislature.
Mr. McKaig contended that the testimony clause should
be inserted in the constitution. He thought that it was
better to yield this point and fight their opponents on the
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 345   View pdf image (33K)
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