The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1871-06-17
NEGRO TESTIMONY.
The Practical Effect OF the state
Law on the Subject. and the
Urgent Reasons for their
Repeal.
From the Loui.vili. Ledger.

find letter from Logan county signed
"Pesce." upon the subject of negro ties
timony in our State oourts. The writer
says: "The Civil Rights bill was passed
over the veto of President johnson in
1866. Under this law every citizen
without regard to race, color. or previous
ishment for crime, shall have the same
right in every State and territory in the
United States, to make and enfore con
tracts, to cue, be parties. and give evi-
dence, to inheri.. purchase, lease. sell
hold, and convey real and personal prop
erty, and TO full and equal benefit of al
laws and proceedings for the security oi
person and property, as is enjoyed by
white persons. &C."
This act was passed April 9. 1866. be
kkere the adoption of The Fourteentl
Amendment, and have never heard an,
person seriously contend that the abov'
quoted section was constitutional. be
cause there was at the date of its passagt
no constitutional amendment to bss,
such an act upon. After this, to wit
on the goth of July. 1868, the Four
teenth Amendment was proclaimed as 9
part of the constitution Of the United
States, the first section of which says:
No State shall make or enforce any
law which shall abridge the privileges OF
immunities of citizens Of the United
States, nor shall any State deprive any
person of life, liberty, or property, with
out due process of law. nor deny to auy
person within its jurisdiction the equal
protection of the laws.
SEC. 5 That Congress shall have
power to enforce, by appropriate Iesisls
ton. the provisions of this article"
Under the provisions of this article
Congress. on the 31st of May, 1870
passed another Civil Rights bill, the
sixteenth section of which declares
That all persons within the jurisdiction
of the United States shall have the same
right IN every State and Territory in the
United States to make and enforce con-
tracts, to sue, be parties, give evidence
and to the full aud equal benefit of all
laws and proceedings for the security oi
person and property, as is enjoyed By
white citizens. &c.
"SEc. IT, That any person who, IN.
der color Of any law. statute, ordinance
regulation, or custom, shall subject, oI
cause to be subjected, any inhabitant ot
any State or Territory to the deprivation
of any right secured or protected by the
last preceding section of this act, or e
different punishment, pains. or penalties
on account Of such person being M alien
or by reason of his color or race, than il
prescribed for the punishment Of citi
zens, shall be deemed guilty of misde
meanor, aud, on conviction, shall be pun
ished by fine not exceeding one Thousand
dollars, or imprisonment not exceeding
one year, or both, in the discretion o
SSEc Is. That the acs to protect sI
persons in the United States in their civi
rights. and furnish the mesns of tbeii
vindication, passed April 9. 1866, il
hereby re enacted, and sections l6 snC
II hereof, shall be inforced according tc
the provisions of said act.
This act Peace" seems to have over
looked He says I'VE take it then. thai
the Thirteenth, Fourteenth, and Fif
teenth Amendments to the constitution
are to day as much a part of the consti
tuition by due form of law ss the 9th
article" The 9th article declares that
"Tbis constitution. and the laws which
shall be made in pursuance thereof. and
all treaties made. or which shall be made
under the authority of the United States
shall he the supreme law of the land
and the Judges in every State shall be
bound thereby. anything in the constitu
ton or Iaws Of any State to the contrary
notwithstanding"
Now if the Fourteenth Amendment il
az much q part of the constitution as the
9th article is as is admitted by Peace,
then has not Congress the right under
the Fourteenth amendment to pass the
act of 31st May. 1870, and are not the
jndges of our State courts bound thereby
notwithstanding our statute laws prohibit
the introduction of negro testimony
where white persons are parties to the
issue?
1t must be recollected that the case oi
Rowlin VS.. Commonwealth, I'd Bush, p
5, was decided by our Court of Appeal,
June 5. 1867, which was before the
adoption of the Fourteenth Amendment
aud the act of 3lst May. 1870. The
question of the competency OF negro ties
timony in cases where white persons were
interested in the issue, has not been be
fore our Court Of Appeals since the rati
fcation OF the Fourteenth Amendment,
and the passage of the act of May, 1870
but many of the circuit judges have
taken. as ! believe, the correct view OF
the subject, that the act of May, 1870,
made in pursuance of the Fourteenth
Amendment, is the supreme Law OF the
land, and that they are bound thereby
Ii is useless to discuss the means by
which the Thirteenth, fourteenth, auo
Fifteenth Amendments were procured
We all know the force aud fraudulent
means used by the radical party to pro
cure their ratification; yet we acquierce
in them until they may legally be repeal
ed. or declared invalid by the proper
tribunal. The liberties OF the people
depeud upon the preservation OF tht
rights of the States, and If the Repub
lican party continue its aggressive poiley
for the next ten years as II has TOR the
last ten years the rights OF the State
will all be swallowed up by the Federal
Government, and the States will have nc
rights except those the Federal Govern
meut NAV choose to grant them. Yet
these aggressive measures OF the Radical
party should not prevent US from doing
our duty to the people OF Kentucky, and
save them az far Ms We can from the evil
copseouences of these measures BY =
repeal of our State laws upon the subjecI
ot negro testimony we could have saved
our Judges much perpIexity and doubt,
and their rulings would have been uni
form throughout the State upon the sub
iect. besides we would have saved many
of our citisens from being taken from
their homes TO the Federal courts at
.,d oxrenua fhara IN he