The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1866-07-13
Negro Testimony in MARYLAND.

Some weeks ago white man named a. II.
Somers, of Montgomery was arrested upon the
oath Of a negro woman, charged with an assault
with intent to kill her husband, and held to bail
in the sum of eight hundred dollars, for his APP
pearance at court. Whereupon Somers petit
toned Judge Bowie, of the Court of Appeals for
the writ OF habeas corpus, and asked 10 he dis
charged from custody, on the GROUND that the
lave of the State of Maryland declare that the
testimony of Il negro shall not be received or adj
United in any case in this State where white
person is concerned. On the second day of July
the case was heard by the Judge, at Rockville,
and the application of Somers refused, in conse-
quence Of the passage by Congress of the Civil
Rights Bill, which, the Judge holds, entities all
negroes TO the right to testify in our Courts not
witbstanding the statutes Of the State to the con-
trary. This is the BILL for the veto of which the
President has been so terribly berated by the
Republican press and Republican orators of this
rs well as of other States.
This is, of course another step in the direction
Of equality, and should the late amendment to
the Constitution, passed by the present Bump
Congress, be adopted by the necessary number of
States, We will have negro voting as well as
swearing, or be deprived Of a part of our repre-
sentation in the National Legislature. 1t ought
not to be forgotten that this pet of Abolitionism
failed in Congress TO receive solitary Democrat
ic vote from any part of the country, and was
passed as strict party measure, there being from
this State but three votes against it-Reverdy
Johnson, of the Senate, and Hiram Mccullough
and Benjamin G. Harris, of the Eouse-all Dem
ocrats. But under Judge Bowels ruling, why
may they not be brought forward as voters under
the Civil Rights Bill If TO be capacitated to
testify is essential to freedom, and is part of the
appropriate legislation mentioned in the Civil
Rights Bill as necessary for the security of the
negro why may not the same learned judicial
officer, at some future time, determine that the
right TO vote is also a privilege which belongs to
the negro?
If this sophistry Oh Judge Bowie is to stand as
the law, where we ask, is the limit to the rights
and privileges Of the negro, under this outrage
Gus enactment, and where the safety and security
of individual rights under State enactments p
Why talk Of Capitalization? 1t already exists;
and the time spent by the fathers of the Consti-
tuition TO shield us from this dangerous condi-
ton, was SO much time thrown away.
We recollect well, in the early stages Of our
late troubles, TO have heard many wcll-meaning
men, when spoken to in regard to the encroach
ments upon the rights Of the States, reply :
"Oh we will first put down the rebellion, and
then we will put down Aboltionism and fanati-
cirm." They were honest, no doubt, and
thought they would do as they promised, but we
thought then and we think now, that the best
means of retaining our rights is 10 hold on to
them while we have them and yield them for no
purpose whatever.