New-York daily tribune., 1858-02-17
dent brighteuing.up IN ZONE q-arie's '''oe
hsnk, returned TO cash payments. LI.(
FROM BOs TON

tho comp.fency OF wi'nesses which was MADE the
subject Of editorial discussion IN THE lRlB' VI
few days ago, has been rejected by the cena'e' "
a vote Of 20 TO -; and although there Is mou'n
pending for recon,deration, there i but I.tt1e II
an, prospe.t that the decision VII be reversed
This resul, has been anticipated from the fret.
weeks observation Of the Senate was sufficient 10
sstsfyllny man that a majority OF its me hoels
were not Intellectually and morally capable oi agree
ing 10 a measure like this. In M assembly ol aver
age capacity il could hardly fail 70 succeed, ai'er
debate OF couple OF hours or So: tor the arg",
nent is so irresstbly on one side that, II larry anu
clearly presented it must prevail in any booy com,
posed Of men Of ordinary New Eng land intellect ana
honesty. ! do not mean 10 say that in intellect
and capacity the Massachusetts Senate oil lco1
is below the average Of New.England to"a'
meefiDgs: but in fairness OF mind, freedom
from bigotry and honesty of purpose, Whi;n
are the essential qualities in determining rghty
question of this kind il il undoubtedly very Tar oe-
low II is not at all unlikely that political CONSIDER
atons have had something to do with the vote oi
the Senate am told that the threats Of cer-
tain well known theological bully were held up ne
fore Senators TO frighten them from their propriety'
Then for some reason or other, the kn0W-No'hlhg
Mr. Bonney of LOwelD who was appointed mar
man of the judiciary Committee, by Ar. fIeeidrht
CphsIn, To the exclusion, not only oil htphoAcdh''
hut OF three or tuilr UDlFT hNltlr' 'Hhh-'' u.s.
ground in relation to the bill at the iast Inonrl''
even uter sending for one OF his colleagues II coe
in ard help him carry il through the COMMITTEE
If the Senate had been full, and there had been no
such specimens Of dcubledeanS, the vote would
have been nearly even, but with the chances sim
against the bill. go,
But il cannot be long before the ancient rubbish
which is gravely dealt ont as law, alke by Chiei'
Justice Shaw on the Supreme bench, and by JUS
tica Adnpiram Slocum who plItprtdins complaints
and grants warrants GENERALLY to be quashed) at
Purpatory -Four Corners, viii have to give way.
Last year the Legislature passed an act allowing
parties in all civil actions aud proceedings including
probate and insolvency proceedings suits IN equity
and all divorce suits Except those III when a.
vorce is sought on the ground OF alleged criminal
conduct of either party, TO testify in their own
favor and to be called as witnesses by the opposite
party: also allowing husband aud wife to be wit
nesses for or against each other Except as 10 prl-
vate cOny yersatOns), III cases IN when the nye IL
party or one of the parties. And alth0ngh Tue
House on Friday, refused to extend this law so that
husband and wife might be witnesses for or against
each other, in cases where the husband is party;
ard although Mr. VOse, the Chairman OF the judi
ciary Committee of the House, is trying to get,
and NAV succeed i'm getting, repeal of the law oi
last year, far as ii allows the husband ana we
to testify against each other in any case yet the
people having once got a sight and grasp OF the
idea that the truth is to be brought out and made
use Of whenever and wherever it can be found,
will not be likely permanently to recede. And after
allowing two rival Jockeys in a horse trade to go
upon the witness. stand ard testify, trusting to the
pains and penalties of perjury, and the power OF
cross examination, to prevent any very outrageous
lying, il is not at al likely that they will continue to
say TO any man, You shall not testify, though In
the estin alton of your neghbors you be the very
embodiment of truthfulness, simply because You do
not believe in God such az we believe in.'
But little can be expected from the present Leg
slature in the way of liberal and progressive eais-
lation. The House is under the control OF Its
Judiciary Committee, which CONSISTS in great part
Of old.iashoned Conservative Wing lawyers.
Messrs Vose of Springfield, Duncan OF liaverhlll,
Browne of Dorchester, and Pitman of New-Bed-
ford are men of this class. Then there is Gushing,
who has eneratted upon old conservatism Pro-
Slavery fanatcism, and hatred of all reformcrs,
which is natural enough, for they all hate him: and
Mr.. Woods Of Enfield, of whose tendencies ! know
hut little, aud Mr.. Wells of Greenfield, an Anti
Slavery man, and of more radical pro-
pcnsi,y than his associates. think that a
majority of the Committee would report a
bill for the repeal of the Personal Liberty
bill, if they thought the people would stand il,
which they clearly would not; aud learn that they
really intend 10 repeal the Jury law Of 1855, II they
| can. Desperate attempts were made upon this law
both last year and the year before but the House
| stood firmly by it. Lately. the Supreme Court has
been try ing its ingenuity on the same subject, and
has arrived at the conclusion that q the law makes
any change in the law ss previously declared II is
,od for unconstiiuiionsy But on the point
whether the la~ does make any change or not, the
| Court came ~ no conclusion. Gushing, | suppose,
goes for the repeal of the law, because it
I interirrcs with the business of nggcr-catching.
| which must he one Of the processes relied upon by
him in his great enterprise ot subjugang the black
| yellow aud red races 10 the Caucasian race. The
| red race is not likely 10 give him any permanent
| trouble II may not only be- crushed, but Crushed
| out (like the Massachusetts, Coalition in lS53
which Gushing, after receiving from il the office of
| Judge Of the Supreme Court, quashed by Court
| circular from Washington. But the black race
| cannot BE- 81 served. The chances are, that even
in the slavehodiug States the yoke will have TO be
| hilcd before many years aud when il is lifted
there viii he speedy end 10 all supcrclious tslk
| hkc that of Cushiuc's about the rscrs lie must
set hlmsclf st work al the suhjugaion of the free
| colorcd men of Massachusetts,. IL he goes into
| the supreme Court ~ argue case he is liable
| 10 meet colorei lawyer. Remcnd is to-day
more popular man than Gushing, and would beat
him in three quarters of the towns for Represents.
tive, while Frederick Douglass il he lived in the
| sixth District would he safer candidate 10 bet on
| for Congress The ony way 10 keep the negro sub.
| usatcd is io prevent the laws from hcing ameIo-
rated in his favor, and "a enforce all the cruel stat.
utcs and judicial decisions which emsnatc frpm the
| hcsdauartcrs of slaychoding tyranny 81 Washing
ten. The jury law oi loJ lnterieres, ar is liable "a
interfere With slavc.cschlng; for although the
United States Court and the State Courts would de-
M lie validity vet It's presence upSl the statute
book and the discussions concerning IL for
,hrc years past have been 10 the people
an education ou the subject ci their rights when
the, set into the jjur,.hcN, which they sr sum to
proIt hN whenever The question comes up. directly
~ ndlpcily oi the title ot cue nSn q cnsisye
other The fate vi the new experiment % repcSl