New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-16
CHINESE TESTIMONY IN CALIFORNIA.
THE COURT DECIDES THAT IT MUST BE RE-
CRJyED-THE FOURTEENTH AMENDMENT,


.CHIvED-THE FOURTEENTH AMENDMENT,
On Wednesday, Oct 9, a case was afgueu III
The Fourth District Court OF San Go under
the Constitution OF the United States The case was VI
A. ana bS Which the
ants stipulated with the plaintiff to pay 20 per corr or
wood gut gm pa Sad anG nt %ork This
tho plaintiff alleges the defendants have not do gt
and hence the suit The are laid as Mr.
H. Lloyd attorney for the defendant. placed An Huha
upon tho stand MegG; White and Head, attorneys ior
The plaintiff ss g an s s ss chi
nanen from giving testimony agalDsts citizen: MT X.
H. Lloyd, who was evidently prepared for the ohjeS-
ton, replied at great length. He quoted first SEQ,
ton IL OF the first article OF inc deeiaiao1 rii
forna which provides that all laws OF general nature
shall have uniform operation" Mr.. Lloyd contenu is
founded upon wrongful claims general 10 their ma
ture Every resident. whether Monaghan or Caueasan
liable to be sued and were entitled 70 9eie nd
such suits. Tho law was therefore general anu
being So must, according to the law OIL the ota.S
the nth section OF the said s article OF the Constitution
OF California which provides that FOREIGNERS VINO az i I
who may hereafter become bona fde residents OF tnis
State shall enjoy the rights in respect to the pos
session. enjoyment and inheritance OF property AS S
born citizens lie couented that foreigners could not
be said to enjoy the right In respect TO tho posses
SION Of property unless they could testify In regard 70
could property money or land be If any citizen
entitled to come and swear away the right 70 pos
session. OF without being answered by the person VINO
owned the property and who alone, perhaps could an
sWer pontf He coDtended that the state laws
were read In all their funess and scope they conferred
upon Cinnamon the right TO protect their persons ana
their properly by giving evidence IN courts OF law But
he relied mainly upon the XVIII Constitutional Amend
ment which declares that no State shall deprive
any person OF life, liberty or property without due
process OF law, deny any person within lts
Jurisdiction the equal protection OF the law III, sau
Mr. Lloyd, "a man comes and swears that the property
you possess does not belong TO II VIII not surely be
contended that you had equal protection under the
law unless allowed TO swear that IL does belong
to YOU On that point he confidently rested his case
Judge Sawyer said he had doubt that the state law
took ay from Cinnamon the right TO testify In such
cases this. but 1t WAS equally clear that the
XIyth Constitutional Amendment. which over
rides oil State laws, confers tho right 10 TESTIFY
in protection OF his life or his property. He was
aware that the Police Judge had decided otherwise;
that matter IN which that Judge had to decide
for himself aud IN nOwse concerned his Judge saw
yer's) opinion. He admitted that different opinion
his Sui he believed tho Judge to be mistaken. Was 1t
and white man comes up and Stays one OF the China
men, that other Ia to be preeluded from giving his
testimony II he so precluded. how could It be
argued that all had equal protection" OF the lawf
IL man swears an unfouuded claim against your prop
ery the only way you protect that property Is by
swearing that the claim is uDf0unded. III you are not
allowed TO that how IL be said that you have the
equal protection OF the law. which the Constitution
declares tho right OF all menf The Judge accordingly
ordered the examination Of All Humid to be proceeded
with and his testimony the further hear
Ing OF the case was adjourned until this morning.
Alta California.