The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1871-12-16
Negro Tcstinnnx.


vocacy OF negro testimony during the
late pqiitiea! campaign, and, also, how
persstsntiy Gov. Leslie's position on the
question was denied and misrepresented,
Notwithstanding his bold and honest
annoahcement at Clinton. Hence, we
extract the following from his message
to The Legislature
Whsle domestic slavery existed among
rs, vas deemed necessary and expedi-
ent 70 enact laws discriminating in favor
Of tae dominant race, and restricting
: the nghts OF the slave. Such are the
iswsalaeh still remain on our statute
, books Imposing restrictions on negro
Testimony. That this legislation was
due painly, if not solely, to the rela-
tIonq q the two races as master aud slave,
and Uat the incompeteDcy Of the negro
10 te4Hy vas regarded simply legal
aud Sa'ntory, and not a natural disabii
". Is ciear, from the fact that IN civil and
crimia actions, wherein his own race
aloD4 was interested. he was recognized
bylaw as a competent witness. With
ne abolition OF African slavery the
reason of the law on this subject has
ceased, and from whatever motives Of
prudence these statutes have been retain
n hitherto, | think the time has arrived
.iu which their repeal is required, both
by justice aud ezpediency. The late
Ia amendments to the Constitution of the
( United States, however Rrongtully OBJ
tained aud the Congressional legislation
under them, have not only emaucipated
the negro, but invested him with, and he
is now in the actual employment Of,
both civil and political rights.
We feel indignant and abhor the man
uer in which these amendments were
adopted, and have no sympathy or coun-
tenance of approval for very much they
contain And while we regard some of
the legislation of Congress, claiming to
be in pursuance thereto, as outrageously
unconstitutional aud oppressive, and feel
determined, with firm tenacity OF pur
pose, to rest not until IN legal and
proper mode, they, the amendments and
legislation, are repealed or modified by
judicial Interpretation or otherwise, so as
to harmonic with free government
still We are bound to recognize aud give
effect to these amendments and this leg
islation, until so repealed or changed, as
the supreme law Of the land. Moreover,
our own laws have recognized the negro
as a citizen and | am satisfied that, so
fixed is the public sentiment of Ken
tucky upon this point, no political party
will he able, uor will any considerable
number OF our citizens ever desire, to
call IN question his right Of citizenship.
As citizen, therefore, with all the
avenues OF industry open to him, com
peteut to hold aud convey property, to
incur the obligation of contract, to sue
and be sued, plead and be impleaded, III
+ all our courts, the law should secure 10
him the amplest protection Of those hts
/ which 1t nus conferred upon him. In
9 ses4asss ssIll Ees..sassg of negro
testimony, however, We are not bestowing
n franchise on an inferior race but doing
an act OF justice to the whole community
The question to be considered is not,
shall the negro have the right 10 enter
the witness box? but this: Shall a
citizen, shall any person, whose life,
liberty, or property Is in jeopardy by
Judicial proceedings, or shall the Com
m0uweallh, prosecuting the claims of
Justice, have u right 20 arrive at all the
facts of case-summouing, If need be
. by compulsory process, to the witness
stand all who have knowledge OF those
facts. and are nationally competent to
state them? No right has been held
dearer at all times aud more jealously
guarded than this, by all Englishspeak
lug people.
The common law, as given by Black
stone. teaches US that "all witnesses, Of
whatever religion or country, that. have
/ the use Of their reason, are to be recelv-
ed and examined, except such as are
infamous, or such as are interested In
/ the event of the cause. All others are
competent witnesses, though the jury,
/ from the circumstances, will judge Of
their credibility." The exigeucies Of
slavery made it necessary and proper for
/ the public welfare to declare by statute
that the testimony Of a negro, however
/ valuable aud trustworthy, should not be
/ received in legal proceedings against
white man but that the State should
continue to prohibit to its courts the use
of such evidence, often highly important,
and even essential to the due administra-
I tion of Justice, when the necessity which
justified such prohibition no longer ex
lsts is, to say the least, very impolitic.
We must bear in mind also, that this
state Of things will not only often tend
to defeat the claims of justice, but fur
nish pretext for perpetuating that con
filct of jurisdiction between the Federal
and State courts which is so irritating to
our people. Moreover, there is diver
sIty of ruling in our State courts on this
subject. Able and conscientious judges
have fe compelled, under their inter
probation of the amendments to the Fed
cral Constitution, to declare the laws of
this Commonwealth restricting negro
testimony null and void; and have ac-
cordiugly admitted that class of testi
mony 10 their courts, contrary to their
statutes Other judges of equal ability
and integrity enforce the provisions of
these statutes, and exclude negro testi
mony; aud thus the same uniform rule
upon this subject does not prevail all
over the State. However much this
diversity Of judicial decisions, in mat
ter Of such grave importance, is to be
regretted, 1t is. perhaps, inevitable, and
uniformity can scarcely be ex expected so
long as the legislation in question re-
mains upon our statute books.
1t has been objected that, by admit
ting the negro to testify. we will greatly
increase the number of worthless wit
nesses in our courts This is no doubt
true; just as by granting universal suf
frage. even to the white population, the
number Of plant voters at the polls is
greatly Increased Yet, in either case.
it would be folly to take away the right
because it IS liable to abuse with this