Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1866-12-02
CIVIL RIGHTS LAw-TEsr CASES

CIVIL RIGHTS LAw-TEsT CASES.
The Radicals are working zealously to
give their Interpretation of the civil
rights act the force of law 1t was in
tended by them that this law should place
the negro upon an equality with the white
man, not only before the courts, but at
the ballot>box. Wherever this has been
denied to an applicant in either case, pre-
parations have bean made to test the mat
ter before the courts. Thus on the 24th
ult the Hon. Daniel r. Magruder Judge
of the Circuit Court of Anne Arundel
county, Nd, was brought before the
United States Commissioner (Brooks) at
Baltimore, on the charge of non-com-
pliance with the provisions of the civil
rights law, by refusing to allow the testi-
mony of negro woman, in civil case,
in which he delivered lengthy opinion
sustaining the objections to the reception
of the testimony of the negro woman, on
the ground that the laws of the State did
not allow, where one of the parties to a
suit was white, a negro to testify in the
case against the white person, and de-
claring that this act of Congress was I'M
constitutional 1t is expected that the
case will be heard at an early day before
Judge Giles, and then appealed to the Su-
preme Court for final adjudication fit
takes this course it will present test
question as to the constitutiOnality of the
civil rights law
While this is being done in Maryland,
determined effort is being put forth in the
courts of New York to get a decision
which will practically give the negroes
in that State equal suffrage with the
whites. The advocates of comforting up
on the negroes the right OF suffrage in
New York are afraid to submit the ques-
ton to the people of that State for their
verdict, and hence they endeaver to get a
decision of the courts under the civil
rights act which shall confer this right |
There is also another reason for making |
this effort If they succeed before the |
Supreme Court of the United States, for |
of course the case will be carried there,
the decision will confer the right of |
suffrage upon the negro in all the States
aud thus the South will be defeated in its
refusal to make the negro the equal of |
its citizens at the ballot-box There is
now case before the courts Of New /
York having for its object the coosumma-
ton of this purpose. The New York |
World states the case as follows;
"The test-case is that of james A. Oar
nell, light-colored mulatto, who brings a |
suit to compel the board of registers of the
second district, eighteenth ward, to put his
name on their books, so that he can vote.
The response Of the registers is, that he is
/ colored man. not in possession of $3.50
worth of real estate, and therefore, under
State laws, not legal voter. The response
d DdTDeliB COunSSt ID the OOIlBTtb5lUOal
civil rights bill; and further, while ad-
hitting that their client is dark, they say
t might possibly be the result of a bilious
ittack. Judge Sutherland, before whom
he case came, decided yesterday that as a
question of fact was involved as to whether
Darnell was a negro or not, the case must
70 to a Jury. This will be curious trial
when it takes place, as the jury must de-
,ide how much white blood is required TO
1--WE an American Of part African de-
cent the status of citizen. We UNDER
tand that the Radicals, who are pushing
hese. proceedings (for Darnell himself is
lummy,) expect a favorable decision in
lis case, upon which they have darkey
'eady, black as the ace Of spades, whom
hey will claim is also entitled to a vote
lnder the decision in the Darnell case"
The Radicals have come to the conclu.
ion that there is no prospect that the
southern States viii confer the right Of
uffrage upon the negro, and their only
lope to secure this equality for the imam
nd brother" in these States, is through a
ecisiOn Of the courts or by an act Of Con ,
ress. The majority prefer the former,