The Nevada journal., 1854-11-03
Chinese not competent Witnesses
AGAINST WHITE PEOPLE.

S-AAAANOO NV OVAsPOeCno uuAtACCCVO
AGAINST WHITE. PEOPLE.
Supreme Conrt-State Of California.
The People, &C., respondents, as. George
w. Hall, appellant.
The appellant, free white citizen of
this State, was convicted of murder, upon
the testimony of Chinese witnesses.
The point involved in this case is the
admissibility of such evidence. The 394th
section of the act concerning civil cases,
provides that the Indian or negro shall not
be allowed to testify as a witness in any
action or proceeding in which white per-
son is party.
The l4th section Of the act of April 18th,
1850, regulating criminal proceedings, pro-
vided that "No black or mulatto person or
Indian shall be allowed to give evidence in
favor of, or against white man."
The true point at which we are anxious
to arrive is, the legal signi6cation of the
words "black, mulatto, Indian and white
person." and whether the Legislature
adopted them as generic terms, or intend-
ed to limit their application to specific types
of the human species.
Before considering this question, it is
proper to remark the difference between
the two sections of our statute already
quoted-the latter being more broad and
comprehensive in its exclusion by use Of
the word "black," instead of "negro."
Conceding however for the present that
the word "black" as used in the 18th Sec
ton, and "negro" in the 394th section, are
convertible terms, and that the former was
intended to include the latter, let US pro-
ceed to inquire who are excluded from tes.
tifying as witnesses under the term Indian.
When Columbus first landed on the
shores of this Continent, in the attempt to
discover a western passage to the Indies,
he imagined that he had accomplished the
object of his expedition, and that the island
of San Salvador was one of those islands
of the Chinese Sea lying near the extrem-
ity of India, which had been described by
navigators.
Acting upon this hypothesis, and also
perhaps from the similarity Of features and
physical conformation, he gave to the is
landers the name of Indians, which appel
lation was universally adopted, and extern
ded to the aborigines Of the New World,
as we'll as of Asia.
From that time down to a very recent
period, the American Indian and the Mon
gillian or Asiatic were regarded as the
same type of the human species. In or
der to arrive at correct understanding of
the intention of our legislature, it will be
necessary to 60 back to the early history of
legislation on this subject, our statute being
only a transcript of those of older states.
AT the period from which this sisla-
ton dates, those portions of Asia which in.
clude India proper, the Eastern Archipel-
ago, and all the countries washed by the
Chinese waters as far as then known, were
denominated the Indies, from which the
inhabitants had derived the generic term
of Indians.
Ethnology at that time was unknown as
a distinct science, or if known, had not
reached that high point of perfection which
it has since attained by the scientific en-
quiries and discoveries of the master minds
of the last half century. Few speculations
had been made with regard to the moral
or physical differences between the differ
ent races of mankind. These were gen.
eral in their character and limited to those
visible and palpable variations which could
not escape the attention of the most COM
mon observer.
The general or perhaps universal opin-
ion of that day was that there were but
three distinct types of the human species
| I11,b; ;oh ~ tho'r e,,hd.v.IoI .nt-
varieties or tribes. This opinion is still
held by many scientific writers, and is sup.
ported by Culver, one of the most eminent
naturalists of modern times. Many inge
NOUS speculations have been resorted to
for the purpose of sustaining this opinion
1t has been supposed, and not without
plausibility, that this continent was first
peopled by Asiatics who crossed Bhering's
Straits, and from thence found their way
down to the more fruitful climates of Mex.
leo and South America. Almost every
tribe has some tradition Of coming from the
north, and many of them that their ances.
tors came from some remote country be.
yond the ocean.
From the eastern portions of Kamst-
schatka, the Alentian Islands form long
and continuous group, extending eastward
to that portion of the North American con-
tinent inhabited by the Esquimaux. They
appear to be a continuation of the lofty
volcanic ranges which traverse the two
continents, and are inhabited by race
who resemble in remarkable degree in
language and appearance, both the inhab.
itants Of Kamtschatka, (who are admitted
to be of the Mongolian type,) and the Es-
quimaux, who again in turn resemble 9th.
er tribes of American Indians. The SIM
ilarity of the scull and pelvis, and general
confguration of the two races-the remar
kable resemblance in eyes, beard, hair, and
otner peculiarities, together with the CONT.
guity OF the two continents, might well
nave led to the belief that this country was
nrst peopled by the Asiatics, and that the
ulnefence u between the different tribes and
the present StOctr O