New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-07
TURBULENCE IN THE SOUTH.
NEGRO TESTIMONY IN KENTUCKY.

the Grand Jury OF Frankfort County the 9th u In
regard 10 The recent defiance OF law by band OF armed
men, who rescued the murderer OF negro from jan
Several Passages of hs dress Of interest IA show
ing the present bearing OF Kentucky laws. lie said:
When you adjourned on last Thursday you we're en-
gagged In the investigation OF the case or the tono-
wealth ag scroggins. charged with me murder OF
negro man In your county few nights SINCE nc an
credDy informed large number OF ARMED men eteIeu
your t9wn about midnight or Shortly as am he ny orc
they had In view was either to set MN al hnty
or to inct upon him such punshnent as, IN IhSf
and proper / am satisfied their only object was
dedsnce the las OF the Land This nne xp.cted and
fagrant violation Of law had lite origin doubtless rom
white man should be punished by the Federal court
upon the testimony Of negroes for the violation OF any
Bill OF Rights provides that every man charged with the
commission OF criminal ofIense shall have speedy
trial by jury OF the yicnaCethat Is by jury OF the
county where the offense said 10 have been committed
This constitutional right the prisoner as was appre-
that negro testimony would not be admitted against him
in this court Your body has refused TO md an lndet-
ment against him, FOR the that You rejected the
testimony OF the negro, and had no other evidence upon
which 20 base IT, Ihis action on your par Is JnstSd
press instruction. excluded that class OF testimony
Committed the oehse there seems to he but little doubt
IN the minds Of any who are az all conyersant with the
facts The accused himself by his counsel during the
progress of your Investigation, appealed to this Court 70
permit him y consent of res0Fd 10 agree EN- h s1G
case could NOT of course, make any agreement with
"a
In view OF these appeals from the prisoner and my
great desire 20 have his trial where the Constitution OF
lis state guaranteed II should be- upon consultation with
able lawyer in the Legislature, bin was drafted
mony upon the trial OF all where the party by his
consent Of record agreed that it should be admitted
This Bill which give in substance, has met with OppO-
sition As TO it, constitutionay have no doubt Inc
referred back 10 the Grand Jury. Whether il viii pass
or not am unable 70 say; but II does not the colsti-
judicial legislative protection against the cncroach
ment of Federal power. The law Of kentucky now is
that negro OF muatto shall testify against white
person, DC. This law is plain and explicit and leaves
room for construction judge OF the state courts can
not. in my opinion decide otherwise than TO exclude
such testimony. II is true the Constitution Of the United
states makes the negro dzen ana eoniers upon nm
the rights Of citizen but the right to testify - 1t Is
either by the Federal or state or ~ Federal
or State laws. No one can he witness any case OF h
justice is not IKE the right the right of fran
chise These rights unquc-tiOned and OF which no
duty imposed by law; and instead Of being exercised
right, nearly every tesies because he Is made to
The emancipation OF the negro, with the constitutional
amendments, confers upon him the right TO con-
tract own sell and dispose OF property, real and per-
49, and tIso to eyerrise The right OF franchise ITSELF
These rights all conceded 10 him by the legislative
and judicial departments OF our state governments bntto
testify mere Incident Of the right 10 sue denied him.
That which does not amount to night i denied him,
and all the rights pertaining 10 the cizeh guaranteed
him negro may bring hs action in the State Court
against one OF your bOdy-hc may claim thousands Of
dollars IN damages When the case Is called for trial and
the negrOs testimony f. excluded his case transferred
the Federal Court Now, who l. deprived OF rights IN
this instances TIE white man Is, because he Is entitled
mis- tried where is brought; aud this right
j. not only Gened him. but there is coupled with the
transfer OF the case expenses and cost nearly eN
ccedng the amount in litigation II Viii not do 10 say
that iris al the result OF Congress legslationwhat
has been done cannOt De aN@aed we mus !eglSats
with Wow 10 our Ireseht coIto' hiu ia 5ucn WY
rs sdvGnce the interest and welfare of our people
No persons in -ta'e or country are letter quaned
10 Judge OF and weigh the testimony Of negroes than
Kentucky jurors. No harm can possibly arise RON It,
"ro T ' and syyers We give the negro he right
10 sue the white In state courts when We
to the Feder.l count. We permit white man 10 be in
dicfed Tor killing negro when know the will
To the Federal Court for the same crime Ne permit
these suits and indictments when we know the Judges
viii exclude the testimony, and subject themselves TO
fine and imprisonment and he result Is the md judge
negro left IA the courtroom 70 esTny, hthb%
negro II win not do Ia say that the shall not
that II j. no felony 10 Nil one No man however
such law or admit the power Of the Legislature 10
enact such law Then how are an these rights 70 De
S ~ M ~ 10 rsfuse 10 pas the Law il to have
every Judge in Kentucky OH the bench aud vest In the
Federal Courts OF the country all the jurisdiction IN con
trovcsie the white man aud the negro IL Is the
This protection cannot DE gwen except Dy wise egisia
The refusal Of this Court TO permit the negro TO testify
in the Of scroggins was have no d3aDt the iea
Of the appearance OF these midnight Judgcs at
your county jail could not admit Il
for "a Tud
the subject OF testimony The only aerhaISe !eit Ine;
after your Investigations bad concluded was TO hand
him over the Feceral authorities but IL seems mat
the jurisdiction or that Court ONtI the ~ vi a.
the state Courts is 70 DE determined by an Unlawful or
gaulzaton brought into existence Tor The purpose OI
violating the laws with npuniiy' ana rene INK Dau mn
from punishment. III these secret MASKED courts are 10
and pleasure and al the rs OF the lives Of all who resist
them we had we'll tear down our temples OF justice
and place lives, Liberty and property IN tner hand5
There il no excuse. Justification or paillaOn Tor such
conduct, and brave men would scOIl TO engage IN IT,
Some one or two negroes have been shot down IN my dis
trict by armed men ia disguise Mhlte men nave Dech
laceraed with the lash under the Judgment OF thee
courts deed dark the covering that hides thelr
ia MN I'm hon. If nirht by nudge whose Judgment il
StbeT Executed by a rope around the neck the ssh
mon the back Humanity revolts at it, Public senti-
Ient with the aid Legislature aud courts alone
can check IT, The negroes alude to were killed because
they summoned az witnesses IN the federal courts
and were allowed TO testify at home Ihis man was
faken from your Jail because the negro was not allowed
TO testify against him in this Court There should be no
for such an Organizations IN NY judgment 'heo
: none now, and never can be.
OPINION OF A DEMOCRATIC ORGAN.
The Louisville Courier-JournGl prints the
above address, and refers to the case as follows:
No gloss language lessen exaggerate the SIMS
SATURDAY morning. II an explosion which shows
tha the social surface OF Kentucky is undermined by
tragpe the dignity OF the state in the dust They have
us1ped the powers Of Governments made murder thelr
nastime and terrorism their scepter; conferred upon
their adherens the right Of private vengeance and as
sued to protect them from the penalties OF
No home l. safe, place is sacred from their Nahlohs
10 show their strength and their utter contempt for all
departments OF the state Government they MI tho
vicinity of the capital during the bref period OF the
legislative session with deeds Of blood, and carry the
less violence with insulting defiance TO the very doors
OF our legislative halls This stain upon the escutehe0n
~ Keutucky this humiliation Of proud old State, has
illuminated under n Democratic state administration,
and yet legislature prompt TO resent spapef
censre has affected 10 ignore the facts ana disregard
the disgrace. , - -,
Meanw lille all the world wonders and many an ugly
oueston If asked. Does the Legislature connye az these
f6ings Has it surrendered the State 10 the ku-kux
Must the weak and l0Wly among Us SEEK es @ h i
tbat protection which our local government owes put
the noorest Czen In the better day coming