The Placer herald., 1869-10-16
CHINESE TESTIMONY AND THE JU
DICIAL ELECTION.


.cien'iously believes that any Chpamau could
be believed under oath, (here is no such
thing as administering an oath that is bind
ing on the Chiuese), except, where bis in
terest wonld be benefited by The truth f;
in other words. all rational Intelligent men
know, that without exception, al Chi
namen will, on every occasion, swear
falsely il their interests or passions are to be
benefited thereby. The Chinese ss class,
are known thieves, petit and grand rob
bers, liars, incendaries, murdsrers and per-
jurers, in the sense in which we regard an
oath, and yet we have man running for
District Judge who regards them as our
equals aud has admitted them to testify
against The life Of a white man and wiH con.
tit ue to allow them 10 testify in his court in
all cases CHI! and criminal Ifyou sue me for
money in Jadgs McFarlsud's court, i. is on
y necessary for me 10 hire Chinsss witnesses
10 swear that they saw me pay it, and you
are beaten and must loose yorr rights or sp.
peal to the Supreme Court at hundreds of
dollars Of expense, and years Of delay. This
decision of Judge McFsr!and's, admitting
Chinese testimony, outrages both law aud
equity and is without warrant in any prscs-
dent ,ba, has preceded it in the country.
He rested the ruling on the authority Of the
Fourteenth Amendment, in tho very face
and teeth Of decision Of Chief Justice
Salmon p. Chase, in .hs Shelly case, rem
dered only a few months before. In that
case the Chief Justice decided that the four
tesnth article to the Constitution could only
be carried into effect by congressional legis-
Is'ion, and all know that % ,hi, question o
Chinese testimony there has been no such
legislation The 5lh section Of this 18th
srtcs reads a. follows:
SECTION S. The Congress shall have power to
enforce, by appropriate legislation, the provi-
sions OF this article.
Why this language in the 5,b section. il
the sr,cls is self-enforcing a. McFxrland
held Nlth this Judge on tue oencb, eQui-
,y and justice are gone, and rsscaliy, civil
and criminal, through purchased Chinese
witnesses and Interpreters will rule in bis
court. We prefer to think that Judge Nc
Fsrlsnd was honest and sincere 10 this de-
ci.iou, and that it was The best Law that he
is capable Of giving from his court. and
vet, what 4 fearful alternative it 10 TO be
compssd to believe even this to be true.
Before men vote for Judge Mcfarland ct
them msks up their minds that this ruisg 9
iu favor Of Chinese testimony is couscisn-
lious and deliberate. and will be adhered to
by him in every case that ccmes before him,
from the ownership Of a mine down to the
robbery of hen roost, (.hould the owner
be murdered in an attempt to protect his
property Let i, Be Borne in mind ,ha,
to admi, Chinese testimony Judge Meier
land decided that the sovereign State Of Cali
fornia has no power 10 pass amy law deny
ing or debarring this debassed class Of wit
uebsee iiOiu iui' ''cuip'' lu MI Out COuTtt,
and in every kind Of litigation. Good bye
TO the power Of the State to protect the
lives and property Of her citizens under th.
ruling Of Judge McFarlaod's. We toll you,
reader. lhat if Judge Mcfarland is re cleo
ted on Wednesday next, that Chinese tes-
timony will be resorled to by every lnigsn'
who has bad case in court. whether it be
to rob bis neighbor Of his liberty, reputa-
ton or property. Let thoss who wish to
inaugura'e this state Of things vote for J Judge
Mcfarland. and they may secure their OBJ
jet; aud let those who wish to avoid so
dire calamity vote for T. B. Rssrdan. We
have no difficulty with Judge Mcfarland
bear him no i'll will and would do him a
kindness as readily and 80 cheerfully as any
man of our acquaintance, in private Ca
pacity; but we regard him as a daugerou.
man on the bench. simply because natut.
did not bestow upon him q judicis mind
or an inclination or ability TO study and
comprehend the great principles Of equity
aud Justice between man and man. Men
are born, not made. and our present Judge
was not born Judge aud never can be
made a juris'. lie is not even a good
9uesser at equity and Justice, as was ,ald Ivy
one Of our Supreme judges Of Judge South
ard, another political Judge. Judge Rsar
dan made one of the finest records 10 Coun
ty Judge ever made in the State, and that
in the early days of his profession; has been in
the practice ever since and ia man empba,
icaIly Of legal mind. Gen. Mcconnell. W
X. Byrne. A. b. Dibble, Judge Sssrls, J
l. Caldwell the leading members Of the Ba,
in Nevada county, who have been prac'iciug
10 the same courts with Rsardan for the pas
four years. regard and endorse him ss one
Of the soundest awyen and most promising