New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-05
,svo,utop and since. toward persons of the Roman

Revolution and since, toward persons OF the Romsn
Catholic faith, and the whole current OF legislation
in respect 10 them. we have shown, we think, be-
vopd the possibility of contradiction, that they were
regarded with at least as much antipathy and were
subjected to quite as many disabilities as free ne
croes and that if the argument OF Dir. Chef
Tn.t;ce il valid to show that the state OF opinion al
that time excluded free negroes from the possibility
Of citizenship an argument equally strong might be
made that Chief Justice fancy, being Catholic is
not, and under the Constitution cannot be- citzen
of the United States But if every body oil persons
who have become objects Of suspicion and dlstrusI'
and of harsh and severe legal restrictions are 10 %
on that account set down as incapable OF Citizenship
Of the United States, the list of the excluded VIII
by no mesns be confined to negroes and Catholcs'
but quite large and varied number of persons Will
fall under the same category with bred Scott and
Chief.J Justice fancy.
The Common Law of England makes part
of the Constitution Of all the original thir-
teen States of this Union, and with barely
an exception or two, of those since added;
and this law is in part recognized By the Fed
eral Constitution and forms in part the basis of the
law administered by the Supreme Court of the Uni
ted States. Now il is well established that Christi
snity forms part of the law of England; and on
the basis of this doctrine, the testimony OF no man
not a Christian. could be received in any COM
mon law court. This exclusion has been slightly
modified. through the necessities of commerce, in
behalf of Jews, Mohammedsps, &c, but 1t still re-
mains the law that, in order 70 be sworn, as pre-
limnary to testifying man must be OF some reii'
zion, and must believe in future state OF rewards
and punlshments The great spread of theological
opinions in New Engand-that source of so many
sms-has led indeed to some still further recent
Modification in the law of those States; but, with
these exceptions. the law throughout this Union
and when the Federal Constitution was adopted this
was universally the case-deprives deists, unlyer-
sasts, and without any exception, atheists, of the
right to testify in any court. Now, of all the disa-
bilities which the laws of many of the States i'm
pose upon free negroes, there is none more express
sve of distrust antpathy, and an assumed destitu-
ton of the qualities necessary in citizen, than the
laws which exclude their testimony. That testl-
mony, however, is only excluded as against white
men; in cases where only colOred men are con-
cerned the courts will still listen to them; whereas
the other class of persons to whom we have refer
red are absolutely excluded from testifyng at all,
even against a negro!
1t is easy TO see that, by following up the line OF
augmentation introduced by the Chief Justice, the
number of persons capable of being citizens would
be very considerably reduced. To negroes and
Catholics We should have to add all the thinkers
"a class which, since the Bible has been set up as
the bulwark of Slavery, rum'seling and Polygamy,
has rapidly increased-and all the Universalsts--a
fast increasing sect; while the list of the excluded
" ould have to be adorned not merely with the
names of bred Scott and fancy, but with those
of a Franklin, a Jefferson, Starr King and
Chaplin.