The Hickman courier., 1871-04-15

tLav1 have dodoed decision on the re
construction acts for near SIX years
There is no hope. God grant they may
Tba LEGISLATURE of next winter Will IND
M decision. or If one, it win be IN favor
Of the Radical party. 4 contrary dc,
c;sion wonla ruin the Radical party and
insure defeatin 1872. Now, does any
man think that these Radical Judges
would thus invite defeat to their own
party2 ~
The 18th proposition asserts that ri
the State Courts, admit negro testimony
Federal jurisdiction will not be removed .
Now ne submit, in answer, that the very
act which assumes to confer jurisdiction
upon United States Courts restricts juris
dietion to cases where the negro is deitSed
certain rights. An examination OF facts
will show that the right to testify is the
only right assumed to be conferred pow
ia contest, and when this Is granted,
jurisdiction must cease, because there is
nothing denied. There are other inn
piled rights, such as intermarriage, ad
mission to hotels, public cenveyances,
social equality with our wives and daugh-
ters, admission to free schools, etc,
which are beyond law aud governed ex-
clusively by insuperable social bands.
The negro is not 9enied the right to vose;
the right to own rropertyss ssreaa aHnd per-
sonal; the right to contract marriage;
the right to make wills; it, is felony to
take the ir life as it is felony to take
the life of white man. Al the impor
tant rights are already acknowledged,
and not denied. Besides, j Judge Bal
lard, the Federal j udge in this District,
is reported to have expressed in his
charges to Grand juries, that lie basei
his jurisdictions so5elg upoa Tie denial 70
the negro Of tie right 10 testify an oar
State Courts. The Louisville papers
have published these charges. Z. S.
Attorney General Wharton says this is
Judge Ballard view. Distinguished
lawyers who have attended his courts say
the same Judge Ballard being the
anlg Judge, who claims such jurisdiction,
bis decision is final, 50 far as the people
of Kentucky are concerned. Besides,
we submit that every State in the Union,
except Kentucky, admit negro testimony
in their State courts, aud that IN none
others do the Federal courts continue to
exercise such jurisdiction. Ia some ol
the RECONSTRUCTED States the Radical
party is seeking TO force the negro into
public schools, through State legislation
and military courts, but not through the
Federal courts
The 8th assumes that when one of our
judges or magistrates are ined by the
Federal courts, for not admitting negro
testimony the State and people should
proteetthem by paying SAFE fines. The
same act provides imprisonment in case
of refusal, and we presume these patriot
ie legislators would take their places in
Jail, or provide substitute from one Of
the people What happy deliverance
is this from the evils which affiict Us I!
What feast the honorable gentleman
would spread before the Radical cormo-
rants Let the tax payers think Of it /,
Let Kentucky become responsible for
these fnes, and they will be piled on
thick as leaves and mountain high. BE
sides, this would not afford relief. We
could not furnish substitutes for their
imprisonment, and consequently the an
noyance would &c on.
Another specious plea put forth was,
1 if judges aud magistrates believe the civil
rf4s Ist- till, etc. right aud constitutional,
let them obey it, and relieve themselves
By admitting negro evidence. The truth
is, very few Kentucky judges believe
any such thing A Judge may hold that
il IS eminently wise and proper Tor the
State Legislature to declare the negro
competent witness, and yet bitterly op
pose and deuy the right Of Congress. to
do So lie may even be prepared to pro.
nounce these acts unconstitutional, and
yet he knows the Fedora courts rank
him and rule differently, aud that lie will
be made subject to them for his de
cision
There are bat two modes of relief:
lst. For. the Supreme court of the
United Stftes to pronounce the Civil
Rights Bill Unconstitutional. From
reasons given elsewhere, we are satisfied
this will never occur-at least from the
present Bench.
ID For the Legislature OF Kentucky
to so amend her laws of evidence 50 as to
admit the negro as a competent witness,
and thus do away with the conflict be
tween the Federal and State courts
We have noticed this speech thus at
I length because the speaker labored TO
throw heavy ceusure upon newspapers
! for the dissemination of erroneous ar
guments on the subject We beg the
/ people to consider the proposition calmly,
dispassionately, and free of prejudice.
Let them think of the condition Of the
country, not as we would have it, 5ut as
It as. We think the admission of negro
testimony In our State courts the best
/ policy, for the following reasons
IT will relieve US of useless conflict
with the Federal COURTS
It viii give us an opportunity to have
ALI such cases fried IN our local courA
batore judges in whom we have-e -eonfi
dence, not inimical to our interest, and
before jury Of our neighbors and
Icountymen
II win save ourpeople Of the i'm
mense annoyance. expense, Inconvenience
aud injustice, of being dragged from their
homes to attend Federal court at Padu
cab or Louisville, to defeud unimportant
suits. where a verdict is sure against them
That it viii relieve our state Judges
and magistrates, Of .onerous fines and
ilnprisonments.
q That, therefore, Justice 60 the white
nan, demands it. The negso don need
Eit, because he IS more certain of gaining
his point ia a Federal court.
The objection to negro testimony has
measurably abated. He was excluded
before the war because be was a slave
His business relations to the white man
/ Is now changed, and our interest demands
that we recoguize it, The fact that be
is illiterate, and OF low instincts, must no,
T. J I. ~. Z
horses, and alldumb animals, arespro
duced as evidence IN our courts, to have
such weight as an intelligent jury may
attach Admitting the negro TO be cor.
rupt, the court would weigh his testimo-
ny accordingly, We claim, also, that
this testimony, however corrupt, can be
better managed in our State courts, where
the. negro is known, and where the judge
aud jury is not prejudiced in his favor,
/ than in the Bederal court where the