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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 90   View pdf image (33K)
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by the vote of the entire body except on a few points of
the most vital importance, on which we all did not agree.
It is true that some propositions were submitted and dis-
cussed which were not put to a vote, and therefore a^
more proper to be proposed to the Convention in an-
other form than to be submitted in this report. The first
point on which we all did not agree was the proposition
of the 24th article, to wit: "that slavery shall not be per-
mitted in this State. " I did not, Mr. Speaker, see the
necessity for inserting this clause, but, on the contrary, I
saw a great many reasons why it should not be inserted,
and I, therefore, as one of the committee, objected to it;
The remaining proposition on which we all did not
agree was the concluding part of the 36th article, declar-
ing that "no person shall be deemed incompetent as a
witness on account of race or color. " On this startling
proposition we stood, a full committee not being present,
11 for it to 10 against it. Had there been a full attend-
ance and a fair discussion of the subject, some of us en-
tertain the belief that this clause would not have been
added. This, however, is only the expression of an opin-
ion. We, therefore, submit the whole matter to this Con-
vention, content to abide by its action.
Very respectfully submitted for himself, and on the
last proposition for others of the committee.
J. Montgomery Peters.
Mr. Nelson said, as one of the minority of the com-
mittee, he wished to be understood that he dissented from
the views of the report.
Mr. Perry, as one of the minority, also dissented from
the language of the report. In regard to the clause con-
cerning slavery he made no objection, as he considered
slavery was gone forever, and the issue was dead. In
regard to the clause relating to negro testimony, he did
not object to the extension of this privilege if it was
done in the proper manner, but it did not belong, and
ought not to be in the organic law of the State. It should
be left to the Legislature, which would be fresh from the
people, and better represent their views to pass the proper
provisions on the subject.
Mr. Brown asked if the gentleman was in order ?
90


 
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Proceedings and Debates of the 1867 Constitutional Convention
Volume 74, Volume 1, Debates 90   View pdf image (33K)
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