The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-07-19
Com petcacy OF Negro witt
uesses.

Appeals of this State, has rendered a
decision that tho Civil Rights Bill, re-
Gently passed by Congress over the
Presidents veto, supcrscdcs and annuls
the laws of the State relative to the adj
instability of negro testimony in Courts
of law, and constitutes them competent
witnesses in all cases. The decision
was rendered upon an application for
the writ of habeas corpus, in behalf of
DIR, A. ii. Somcrs, Of Rockville, Mont
gomery county, who was held upon a
warrant issued by Justice of the Peace
upon information Of negro, charging
the prisoner with an assault with intent
to kill. The prisoner claimed his dis
charge upon the ground that the war
rant was illegal under tie laws of the
State, making negroes incompetent TO
testify in matters in which white men
were concerned, The Judge ruled,
however, that where there was a conflict
between rights under the law of local
government and law of Congress, the
State law must yield, aud that the Civil
Rights bill removed the incapacity Of
negroes to testify in the courts and alb
rogatcd the State law which made dis
tinctions between whites aud negroes in
this respect. He therefore overruled
the motion TO quash the warrant aud
rcmandcd the prisoner to the custody
Of the officer
A number Of the slave holding States
have, by local legislation, made negroes
competent witnesses in eases in which
their rights of person aud property are
concerned; and where these privileges
are conferred by the proper authority
the States themselves, who alone have
power to manage their domestic con
cerus--we have no sort OF objection -
But what we do object 10, is that the
reserved powers Of the several States
should be OVERRIDE aud trampled down
by dangerous Congressional innovation.
Undcniably this unauthorized iuterfcr.
encc with the domestic economy Of com
inunities must sap the foundations orour
system Of separate State governments,
collectively associated only for general
purposes, and destroy the Independence
as we'll as abrogate thencccssi,y Of local
Legislatures, thus constituting n ecu.
tralizcd directory at Washington, in
vested with the powers Of both State
and National governments. Such leg.
islation Of course reduces the States to
the simple level Of municipalities, re.
tanning little more than the simple pos
cr Of police regulation Il cause il Con.
grcss arbitrarily exercises the power 10
annul State laws in ono particular, il
can just as readily do 30, aud with as
much color Of right, in any or all parlic.
ulars. II il can say who arc competent
witnesses, it can say who arc qualified
jurors. who are entitled 10 the right Of
suffrage and who, indeed, shal or shall
not enjoy the privileges aud immuuiIics
of free government Carried 20 it, 10.
gical conclusion this class Legislation Is
intended and must, if sucecssful. break
down al the barriers which the Con.
stitution has hcigcd about tho Stutes.
and convert us ioioa consolidated dcs
po,ism,--iH'yoldop.
| G j. Bowie rendered tho above deri.
sion on tho ground that the smcnlmaui
10 the Constitution Of the e. States
aboli,hiug slavery. also authorised Con.
grcss to pass appropriate laws TO enforce
it aud that therefore the Civil Nirbfs
law Of Congress, which required 30
States to admit negroes 10 testify equal.
| y with whites being appropriate lcris.
lation to secure their freedom. was con
stitutional aud oycrrulcd the inferior
law Of Maryland His rcasouipgstrikcs
rs an absurd for negroes many time
heretofore have had freedom occurred to
them, without being admitted to testify
against whites aud it would be- just ri.
appropriate for Congress to confer On
them the right Of suffrage, az to remove
the particular disability in question.
If negroes were admitted to testify 10
our Courts, in all cases, by our State
Legislature, We will not complain for
We think il no more than justice to al.
nit all reasonable human beings to act
as witncscs-giying such credit to each
as they are entitled to But wc pro.
test against such Entertainments by Con.
gross on the right aud dignity Of the
States, aud against such strained con
structions eff law by the Judiciary Of
our State