The Hickman courier. [volume] (Hickman, Ky.) 1859-current, 1871-01-14

SATURDAY JAN. II. 1871
Negro Testimony.
The Padncah Herald in discussing the
proposition submitted By the Hickman
COURIER in regard to giving the negro
the rightto testify in our State courts,
says: at is gross mistake and utter
misapprehension of the whole question
to say that by admitting the negro to
testify in our State courts. he is shorn of
his right to carry his cause to the Federal
court" The Herald claims that the Fed
eral court will still have concurrent juris
diction with the Kentucky courts. We
argue that the proposed action by our
State Legislature ends the jurisdiction
of the Federal court, aud that all may
see that our position is we'll taken, We
beg attention to the Civil Rights Bill
the law OF Congress, (and the,only law
by which these courts pretend to claim
ID ma liza sassisls a zEts%sFanes.
seen that certain rights, among others
the right to '.giye evidence" is conferred
upon the negro race, aud by the Sd Sec.
Jurisdiction is conferred on the United
States District and Circuit Courts, in all
causes effeeting persons who are DENIED.
or can not enforce in the court of the
State or locality where they may be, any
of the rights granted Now, bear in
mind, that every right granted in this
net is noae enjoyed by the negro in Ken
lucky, except the single one Of admit
ting them to give evidence in our State
courts, and BIZ reference to the Act Of
Congress, twill be seen, that the DENIAL
of this single right cogJsrs upon the
Federal courts jurisdiction Of all mat
tsrs cfecting the negro race. The juris-
diction of the Federal courts is based
solely and erclnstrely upon the DENIAL
Of these rights in our State courts; aud
it is therefore clear, that when our State
Legislature removes the distractions to
the Bill. aud the State court provides
for the enforcement of the same, the
United States courts would be Invested OF
all jurisdiction conferred by said Act
snd all such matters be left with the
State tribunals. We will add further,
that, the Hos Bland Ballard. Judge of
the United States Circuit Court, in his
charge TO the Grand Jury at Paducah,
'elaimed that the jurisdiction of The Uni
ted States Court, under the Civil Rights
Bill. was based upon the DENIAL by the
Legislature Of the State, of the right OF
the negro TO testify in the State courts
and the refusal OF said courts to admit
his testimony. Judge Billiards. opinion
IS important. because he presides over
the oEla court n the Lifted Sts.o-.. .l.-..a
Claims TO have jurisdiction under the
Civil Right Bill. Every fair and intel
Hgent mind, we imagine, must see. that
il is solely for the interest of the ;chite
man, that these cases should be trans
ferred from the Federal to the State
courts. We contend that the white PEG
pie would be greatly benefited in having
such cases in their local courts, more di
'rectly under their control, justice would
be surer aud quicker, the people saved
enormous expense, annoyance and injus- !
tiee; and whatever evils might arise from {
corrupt negro testimony more surely
counteraeted BY having such cases tried |
by judges aud juries of our own selec
ton. We, also, argue that it will protect
our Judges aud Magistrates from fines.
punishmeuts, and imprisonments, likely
to be imposed through this Ubiquitous
Civil Rights Bill by an unfeeling
Federal court. The only question be-
fore the people is, In which court will
you receive the negro as witness? The
Federal or State Courts?" Some few,
~ho fail to comprehend facts, seek to
throw odium upon the position by con
Meeting it with desire 10 confer politi-
cal rights upon the negro. No iuteli
gent mind, disposed to be fair, can so
consider it. The abstract question of
comforting political rights upon the ne
gro has nothing to do with it. We are
only called upon to make the best of the
living. existing facts, which no,O sur
round us.