The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-05-16
Hdy,cdrtl'S Case Concluded
IMPORTANT AND INTERESTING
DECISION OF MR.. MAYO.
Hayward Required to Give Bond In
$4,000 for his Good Behavior.


give below. 1t will be found very interest
ing to persons of all colors.
Mr.. Mayo, after prefacing his remarks,
continued in substance as follows:
He was satisfied that the words reported
in the DiSp atch had been used, and that
they were correctly reported. This was
acknowledged in the evidence for the de-
fence-one witness asserting to each SEN
tence read separately to him by the court.
The gentleman who made the report had
sworn positively to the report, the report
ers with him had sworn to them, and the
fact that Hayward did use them was be-
yond all manner of doubt. Was he at
liberty then to go beyond the fact when
proven incontrovertibly-to take the opi-
Mons Of gentlemen outside OF that TACT!
Was he to 60 to the other side, and seek
in the expression of the opinion OF wit
nesses-one of whom thought that Hay
wards speech was one of the most harmless
productions he had ever listened to, and
calculated only to restrain the persons to
whom it was addressed from acts of vio-
lence-for controversion of factsS
The next query that arose was: What
are these remarks calculated to do ~ The
elder counsel for the defendant had spoken
emphatically of freedom Of speech in Mas
sachusetts, from which the accused came.
He didn't understand that any man could
get ND in Massachusetts, and say what he
saw fit without regard to law. He would
undertake to say that there was no State
in which freedom of speech was more qua
ranteed than in the Commonwealth OF Vlr-
ginia. But the Virginia Bill of Rights,
while it secured the fullest freedom OF
speech, did not justify RIGHTEOUSNESS, and
no man could get up in the presence OF an
assembly of persons and utter language
treasonabe or calculated to disturb the
public peace. As an instance: If there
were not freedom of speech in Virginia, he
would have been derelict in duty TO have
listened, as he did, to the fullest express
sions of opinion on the part of witnesses
| for two days, when these expressions could
have no bearing upon the facts OF the case.
His Honor then read the report made in
the Dispatch, and analyzed it by sentences.
Mr.. Hayward had previously said that the
negro was better than white man ; to
| which remark exception had been taken
| by some of the white men present. On
| the night Of the address in question, he
| had made an explanation of the remark by
saving that they were better in this, that
| they had retained more of the cardinal
tenets of Christianity, after many years OF
slavery, than any other nation OF people.
| This might be true in some instances, and
he knew ofcolored persons who were more
pious than the generality of white per-
sons: but as a general thing he did not
think so. But to come to the Objectionable
part of Mr.. Hayward's remarks, he said
q When I go back to Massachusetts,, shall l
tell the people there that you are deter
mined to ride in the same street cars in which
any white man or woman rides ?" Now,
this meeting at which these remarks are
being made was, as has been testified,
political meeting, held for the advance
ment of the interests of a political party.
Was the question whether or not they
should ride in the street cars a question
of political right? 1t was civil right,
and there was nothing political about 1t.
And, then, why tell the people OF Massa.
chusetts? Was it for any good purpose
They had nothing at all to do with the
people of Virginia, white or black, in the
possession of their rights. He would say
to the colored people of Virginia, that their
rights, civil and political, were granted
bv the Commonwealth of Virginia, and
he would guarantee them to them. They
had the right to vote, and they might
vote for whomsoever they might see hit,
if he was eligible. If he was Mayor, he
would see that they were allowed to vote
without interruption. He would protect
them in their right, if necessary, with the
aid of the representative of the United
States Government now in this city.
Mr.. HAYWARD further said "Shall tell
them that you are determined to occupy
any boxes in the Theatre for which you
nav YOUR money" Was the right to sit in
a box in a theatre political right? Had
the public anything to do with it No.
| This was question to be decided by suit
under the civil rights bill; and even
though it might be right, they could not
enforce it by violence.
As to their right to 60 to public schools,
he would entirely deny that even white
people had the right to 60 to any pubic
school where people were taught, even II
they paid their money.
Mr.. Hayward again said " Shall tell
them that you intend to go to any church
where the Gospel is not, as Mrs. Parting
ton says, dispensed WITH"
Churches were regulated by contract.
The property in houses, or the church
itself, was paid into the hands OF trustees,
and it is the part of the congregation to
saw what man, white or black, shall not
be allowed to enter their church. He
would warn anybody that went into any
church against the will of the trustees
that they would not sit that day where the
Gospel is-not as Mrs. Partington says
dispensed with" "Shall tell them that
YOU intend TO have-in whatever manner
You may see it-every right that any
white citizen Of Massachusetts, enjoys 7"
He would say: "Tell them that l would
ask them what is the law Of Massachu-
setts?" Ninety-fve out of every hum
dred of them would say they knew nothing
| in the world about it. There was no
| such law in Massachusetts,, and he need
90 no further to show the enormity OF
such remark.
"If you want these things, and cannot
get them of yourselves, the young men OF
the Old Bay State will help you to get
them. They came once, and laid for
months for you in the Chickdthomtny
swamps, and they will come again. We
have paid taxes to make you free, and we
will pay more to get you what you want
What could the young men of the Old
Bav State give these people by coming
here quietly and peaceably. Did ne mean
to saw that the young men OF Massachu-
setts intended to come down and lie In
the Cbickahominy swamps in peace and
in good order. and without disturbing the
| paaoa ~ the commonwealth. This would