The Camden journal. [volume] (Camden, S.C.) 1866-1891, 1868-05-07
A coLoRED MAN REFUSED AD-
MITTANCH TO THE BAR.
REMARKABLE OPINION OF JUDGE
5,.,-.ta.sr MELLON.

MITTANcn TO THE BAR.
(, +! REMARKABLE OPINION OF JUDGE
s;pAtthe Quarter Sessions at Pitts:
burg, Pa, some days ago, a colored
lawyerfrom New York, George B.
Yashon, made application for admis,
sion to the Bar. The application
was unanimously rejected, and Judge
Mellon delivered the opinion of the
court which we copy as follows from
the Pittsburg Leader, Of the 10th ult;
Judge Mellon stated that ne hat'
prepared some notes for written
opinion on the case, bnt abandoned
the work under the expectation that
Jude Stowe. would, as is his custom,
exhaust the subject. Finding,
however, that his reasons for deny
ing the. application takes. a broader
range than those set forth by Judge
Stove, he would state the grounds of
of his opinion why the application
should be denied. -
; The rules of the Court are of our
own creation, for the guidance of
suitors and ourselves, and when the
merits of the case demand, we'may
suspend them; and it might be sup
posed we would suspend them in the
present case, but for the color OF the
applicants. However that may be,
this or some applicant of his race
may,take the trouble to conform to
our rules, and still meet noibetter
success, therefore, Judge Mellon said
he would prefer to express his opin-
upon the matter in all its bearings.
Judge Mellon then proceeded to
consider the argument urged in be-
half of Mr.. Vashon, that recent legls-
la.ion and judicial decisions of the
General Government sanction the
admission of colored persons to all
the;rights and privileges enjoyed by
white people everywhere, and in eve
rya department of life. In answer
to this he showed that while we may
admit State sovereignty to be virtu-
ally extinguished, the General Gov
ernment has not as yet suspended
our State laws or government; and
while they are allowed to remain,
they are in full force as regards us,
and we do owe them allegiance. The
condition of the law then is this: Our
State authorities do not recognize
the claim of Mr.. Vashon to be adj
mitted to the bar, but SO far as they
90 to the conclusion to be drawn
from them is against 1t and the Uni
ted States does not interfere in his
behalf.
Judge Mellon said that as the law
stands we might be excuseable in
granting the application, provided
any, substantial public good or pri-
vate right demanded it; but as moth
ing but evil is likely to result to both
races from their being kept and en-
couraged to remain promiscously in
habiting the same territory, he would
do nothing whatever to promote it.
n N
Judge Mellon continued as follows:
II would have the colored men
practice as attorneys, sit on juries,
hold courts, and exercise the right of
suffrage-not here however, but a
mong themselves-in some part or
section Of the Uuion where the white
men would be under the same disa-
bilities among them which they arc
liable to among the whites. So>far
am I from doing anything to encour-
age theraces to remain together, that
Ilwoufd do everything short of vio-
lence or harshness to facilitate and
promote their separation. If the
eolored racefs ever to be placed on
the way to social progress-if it is
ever to attain the rights and pri j.
leges Of manhood-it must be placed
in a position where it can enjoy tru.
selftrespect. This never can be among
the white race.
Vested rights of property and do.
mestic relations already acquired
should be respected and projected,
but beyond, this, it should be made
clearly to tend to the interest and ad-
vantage of the .colored race to separ-
ate itself from the whites. The coun-