Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-07-13

past eighty years If the phrase there shall
be neither slavery nor involuntary servi-
tude," carried with 1t an exemption from
any deprivation of these rights or immu-
nitiesp Consequently we have practical
construction of eighty years by the whole
nation acting through Congress and the
Federal Judiciary, and through the State
and Territorial Legislatures and their Ju-
diciaries, to prove that the expression had
no meaning beyond that herein indicated
"a freedom from enslavement; and this
must be the full intent Of the Constitu-
tional Amendment. Entertaining this
view, we think that such legislation, an-
pulling State, laws and destroying well l-es-
ttablished principles, cannot be deemed sap
propridte" TO the enforcement Of the Amend
ment. ta-.s
The Two witnesses offered to be introduce
ed In this cuse were both free long before
the adoption of the Constitutional amend
ment, and, of course, that amendment can
have no application to OF bearing upon
them, as Its object was exclusively the eman-
cipation of the negroes then held In slavery.
This presents the question 10 another
aspect, which gives an equal II not
"a stronger reason for refusing their
testimony than that before relied on. Il 4.
: 1t also furnishes strong reason for not
constituting this amendment so as to give
Congress the power contended for, because,
as the power Is clearly not given as to the
half million Of negroes free az that time, and
upon every principle Of Justice and policy
they were equally entitled, with the eman-
cipated slaves, to the privileges and immu-
mites of the amendment, 1t would be IRA
tional TO suppose an intention to confer
such power upon Congress for the benefit
Of fha anna N "A no faH tIi4 I'lN ~ .it
It much to be regretted that the Legis-
b lature of Kentucky failed at its last session
Z to pass an act (such as that passed by the
Legislature of Georeia) giving the right to
free negroes to testify in such cases, and
rely upon the judges OF courtsand juries to
estimate the degree of credibility 10 be at
3 tached to their statements. Slavery being
now abolished, there is no longer any rea-
son for, or policy in, keeping up the strin-
gent laws formerly enforced to discrimin-
} ate vigorously between the white and ne
gro population. On the contrary, every
] dictate Of policy points to the neces-
, sity of so lgislating as to elevate
the negro in his own estima-
ton, and thereby give him an in
centiye to assimilate himself as near as he
can by his conduct, to the whites. This
however, is matter with which this court
properly mas uOCulHB IOuO, iOo uuIy OOuhH-
ing it strictly to the administration of the
law as it is, leaving the action of the Legfs-
lature to the influence Of a liberal and en-
Iightened public sentiment. Eut believing
that the act of Congress relied upon is un-
constitutional, the same duty of administer
ing, the law imperiously requires that this
court should refuse 1t obedience. Ifthe court
should enforce that act it would be allow
ing precedent by which Congress could
proceed to give suffrage to the negroes, an
null all State laws prohibiting intermarriage
between negroes and whites, and etfeetual-
ly destroy the intended barrier between
State and Federal power, and rapidly lead
to that consolidation of power In the Fed
eral Head which would render 1t the impe-
rial despotism against which we were SO
earnestly warned by Washington and other
great founders of the Republic as the nee
essary death of the national liberty and
prosperity. ,-,
For these causes the court refuses to re-
ceive the testimony Of the negroes as offer
ed as witnesses in this cause.