New national era. [volume] (Washington, D.C.) 1870-1874, 1871-05-25

Validity OF the Civil Rights BiIi Reeognix-
ed-Coiored Citizens Declared to he Conn
peteat witnesses.

Validity OF the Civil Rights BiIf Reeognix
ed-Coiored Citizens Declared to he Gem
petent witnesses.
The following is u correct report of charg,
recently delivered ut Barbouryile Kentucky
by Judge W. IL. Randall to the Grand Jury
IN regard to the right Of c0lored citizens 10 les
tity in cases where white citizens were parties
Ii takes the ground that the Constitution of the
United States and the laws passed in pursu
ance thereof is the supreme law of the land
la the charge given you at the commence.
ment OF the term you were told that, in the in
yestigation OF cases that might come before You
you were 10 hear nothing but legal evidence
and You now inquire whether yen shall hear
the testimony of colored persons in a charge
against one who is white for IA violation of law
Ii, therefore, becomes my duty TO answer the
inquiry, which will proceed TO do
By the Irst section of chapter l01, Stanton 5
Revised Statutes of Kentucky, page 4T0, it is
enacted THAT slave, negro. or Indian. shall
be competent witness in any case Of the Com.
monWeaith Tor or against slave, negro, or
Indian, or IN any civil cases TO which only ne
groes or Indians are parties, but in no other
case. There is no statute in the State chang
ing this enactment, and, if the question is 10 be
considered and decided with reference only TO
this enactment and its construction by the
Court of Appeals, the witness proposed would
you.
! In the case of Bowlin against the Common
wealth, decided by the Court of Appeals of
Kentucky on the 9Th day of June, 1867, the
court held that the Circuit Court erred in ad.
hitting the colored witness, the defendant
Bowlin, against whom the witness testified
being white man.
The Appellate Court, in the opinion dey-
cred by Judge Robertson, referred to the act of
Z tnnr l. H. = 4
which was declared to be law on the 9th OF
April, 1866, and says that ''if Congress had
constitutional power to repeal or control the
Kentucky laws, supra, the foregoing act 1.-THE
civil rights billy for legalizing the testimony of
Tree negroes in all cases is the law in this THAT
case, and the Circuit Court did not err IN ad-
hitting the evidence of George Gordon 1.-THE
colored witness j but if there was no such
power, that act was mere brmem fitLnaea and
| not law, end the admission of the testimony
consequently, erroneous"
| The opinion and decision of the Appellate
Court in that case was in conformity with the
State constitution and the enactment referred
! to, and was not in conflict with the Constitu-
ton OF the United States or any law of Con
gress passed in pursuance thereof, it being the
opinion of this Court that the passage of the
civil rights bill Was not authorized by any
| principle then existing in the Constitution Of
/ Tie tHlteu otalcs. OlnCe the accession OIL the
case of BOwlin against the Commonwealth
what is known as the fourteenth amendment
| to the Constitution has been proposed by the
Congress OF the United States, and that amend
ment has been proclaimed by the proper
authority to have been adopted, and to have
| become valid TO all intents and purposes "a a
part of the Constitution of the United States
fhe first section of this article of amendment
is as follows "Al persons, born or naturalized
] s,,k h Inf tod
dictlon thereof, are citizens of the United
States and of the State wherein they reside.
! No State shall make or enforce any law which
shall abridge the privileges or imInunties of
the citizens of the United States nor shall
any State deprive any person of life, liberty.
or property without due process of law, nor
deny to any person within it's jurisdiction the
| equal protection of the laws" In this the
witness offered is made n citizen and the States
are prohibited from making or enforcing any
law which shall abridge the privileges or i'm
munltles OF the citizens Of the United States
| and from denying to any person within ia
jurisdiction the equal protection of the laws
| The fifth and last section of article fourteen
above referred TO, empowers Congress 10 en-
force, by appropriate legislation, the provisions
OF this article and since the article has been
proclaimed to be valid, an act has been passed
by Congress to enforce the fifteenth amend
ment and for other purposes, in which it is
provided that the class of persons TO which the
witness belongs shall be competent in all the
courts, both State and Federal
| Section two of article six Of the Constitu-
tion of the United States, before any amend
ment had been made to that instrument, is as
| follows This Constitution, and the laws of
the United States which shall be made in pur-
suance thereof, and all treaties made, or which
shall be made under the authority of the Uni.
ted States, shall be made the supreme law of
the land, and the judges in every State shall
be bound thereby, anything in the constitution
or laws of any State to the contrary notwith-
standing
There has been no decision of the Court of
Appeals of Kentucky on the point in question
since the passage of the act Of Congress last re-
ferred to, or since the adoption of the four.
teenth amendment and the question arises
whether this court shall conform its action to
the State law, dsregarding the fourteenth art-
Gle and the act Of Congress to enforce the same
and do this, in view of section of article 6
supra, in which it is declared that the Consti-
tuition of the United States, and all laws that
shall be made in pursuance thereof, shall he
the supreme law of the land, and the Judges in
each State shall be bound thereby. anything in
the constitution and laws of any State to the
contrary Notwithstanding. And shall the court
do this under the provision of the Federal Con
sttutiOn and laws, and under the provision of
our State constitution requiring the Judge to
take an oath to support the Constitution of the
United States, and also that of Kentucky? |
think not. Prior to the adoption of the four
teenth amendment the Federal Legislature had
no constitutional warrant, in my opinion, for
the passage of the "civil rights bill, but that
amendment enlarges the power Of Congress,
and the passage of the act to enforce the ff.
teenth amendment and for other purposes, is.
therefore, in my opinion, in pursuance of the
Constitution OF the United States. Hence, |
am at liberty to reject the witness, and thereby
deny the citizen the equal protection of the
! laws
This position, it will be remembered. is taken
in the absence of any decision of the Appel
late Court of the State to the contrary, and will
be held until that court may otherwise inter
pref, land there being no decision of the
Supreme Court of the United States to the con-
trary;) this court will then conform to the con-
structiOn given by the Court Of Appeals, what
ever that may be. You will, therefore, hear the
witness, if color be the only objection to his
competency.
The next lecture season promises To he nm