The Nevada journal., 1854-11-03

| .AS ofioOHIO Va AAan eAIStence, ana the
light of modern science may have shown
eonc]usively that it was not peopled by
the inhabitants of Asia, but that the abo
rigines are distinct type. and as such
claim distinct origin, still this would not
in any degree alter the meaning of the
term, and render that specific which was
before generic.
We have adverted to these speculations
for the purpose Of showing that the name
of Indian from the time of Columbus to
the present day had been used to designate
not alone the North American Indian. but
the whole of the Mongolian race, and that
the name, though first applied probably
through mistake, was afterwards continued
as appropriate on account of the supposed
common origin. That this was the COM
mon opinion in the early history of Amer
lean legislation cannot be disputed, and
therefore all Legislation upon the subject
must have borne relation to that opinion.
Can then the use of the word "Indian,"
because at the present day it may be some.
times regarded as specific and not as
generic term, alter the conclusion? We
think not; because at the origin of the
legislation we are considering, it was used
and admitted in its common and ordinary
acceptatlon as generic term, distinguish
ing the great Mongolian race, and as such
its meaning then became fixed by law, and
IN constituting statutes the legal meaning of
words must be preserved.
Again, the words of the Act must be
construed in part m1teyia. 1t will not be
disputed that "white" and "negro'' are ge.
neric terms, andi refer to two of the great
types of mankind. If these, as well as the
word "lndian" are not to be regarded as
generic terms including the two great ra-
ces which they were intended to designate,
but only specific and applying to those
whites and negroes who were inha bitants
Of this continent at the time of the passage
of the act, the most anomalous consequen.
ces would ensue. The European white
man who comes here would not be shield
ed from the testimony of the degraded and
demoralized castles, while the negro, fresh
from the coast of Africa, or the Indian of
Patagonia, the Kanaka, South Sea Islam
der, or New Hollander, would be admitted
upon their arrival to testify against white
citizens in cur courts of law. To argue
such proposition would be an insult to
the good sense of the Legislature.
| The evident intention of the act was TO
throw around the citizen a protection for
life and property, which could only be Sc.
cured by removing him above the corrupt
ing influences of degraded castles.
1t can hardly be supposed that any leg
islature would attempt this by excluding
domestic negroes and Indians, who not
unfrequently have correct notions of reli.
gion and their obligations to society, and
turning loose upon the community the
more degraded tribes of the same species,
who have nothing in common with US in
language, country or laws.
| We have thus far considered this subject
on the hypothesis that the 18th section of
the act regulating criminal proceedings,
and the 394th section of the Practice Act
were the same. AS before remarked, there
is wide difference between the two the
word "black" may include all negroes, but
the term "negro" does not include all black
persons. By the use of this term in this
connection, we understand it to mean the
opposite of "white," and that it should be
taken as contradistinguished from all white
persons.
In using the words s'no black or mnlatto
person or Indian shall be allowed to give
evidence for or against white person" !"
the Legislature, if any intention can be as
cribe to it, adopted the most comprehen-
sive terms to embrace every known class
or shade of color, as the apparent design
was to protect the white person from the
influence of all testimony other than that
of persons Of the same caste. The use of
these terms must by every sound rule of
construction exclude every one who is not
of white blood.
The Act of Congress in defining what
description Of aliens may become natural
lied citizens, provides that every "free
white citizen," &c. &c. In speaking of
this subject, Chancellor Kent says that
"the act confines the description to white
citizens, and that it is matter Of doubt
whether under this provision any of the
tawny races OF Asia can be admitted to
the privileges Of citizenship" 2 Kent
Com, ~.
We are not disposed to leave this ques-
tion in any doubt The word "white" has
a distinct signi6cation, which er ~ tern'ini
excludes black, yellow, and all other CO.
lors. 1t will be observed, by reference to
the 1st section of the second article of the
Constitution of this State, that none but
white males can become electors, except in
the case of Indians, who may be admitted
by special act of the legislature. On ex-
animation of the Constitutional Debates, it
will be found that not little difficulty ex-
listed in selecting these precious words
which were finally agreed upon as the
most comprehensive that could be sugges-
ted to exclude all inferior races.
IL the term "white," as used in the Con-
stitution, was not understood in its generic
sense as including the Caucasian races,
,nd raoacsor;l,y ov c1udino all ofhers where