The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-03-09
TURpUIENcE M THE SOUTH.
Negro Testimony in Kentucky--The
Recent Ku.Klux Jail Deliverys.s
Strong Address from a County
Jndge.s.Efect Of Denying Negro
Testimony on the White.

GAChoG4 buo AAuAA VAA vs.
county, on the 97th ult, in regard 10 the
recent defiance Of law by band Of arm
ed men, who rescued the murderer Of
negro from jail. Several passages of his
address are of interest as showing the
present bearing Of Kentucky laws. He
said: ..t -. Ns
When you adjourned last Thursday you
were engaged In the investigation Of the
case Of the Commonwealth d. Scroggins,
charged with the murder Of a negro man in
your county. Afew nights since, as I am
credibly informed, large number Of
armed men entered your town about midi
night, or shortly after, and by force rescu.
cd the prisoner from the county Jail. The
object they had in view was either to SET
him at liberty or to intiict upon him such
punishment as, in their midnight deliber.
ations, they might think right and proper
am satisfied their only object was to re.
lieve the prisoner from prosecution, and
to set at defiance the laws of the land
This unexpected and aagrant violation oI
law had its origin, doubtless, from the de-
tcrmined purpose Of those armed men
that no white man should be punished by
the Federal court upon the testimony ol
negroes for the violation Of any
law. The Constitution of the State Of
Kentucky, or the Bill OF Rights, provides
that every man charged with the COM
mission Of a criminal olIense shall have a
speedy trialby jury Of the vicinage-
that Is by q jury Of the county where the
offcnse Is said 10 have been committed
This constitutional right the prisoner az
was apprehended by some, would he de-
prived Of, for the reason that negro testi'
mony would not he admitted against him
in this court. Your body has refused to
find an indictment against him, for The
reason that you rejected the testimony OI
tho negro, and had no other evidence up
on which TO base 1t. This action on youI
part is justified for the reason that this
court, by an express instruction, excluded
that class of'teStimony entirely from yOuI
consideration As 10 his having com
mitted the oitensc, there seems to be bu
little doubt in the minds Of any who are
at all ConvCrsant with the facts. Tho ac'
Cused himself, by his counsel during the
progress Of your investigation appealedtC &c
this Court 10 permit him, by consent o.
record, to agree that such testimony nigh
be admitted upon tho final trial OF his
case. | could not, Of course, make any
agreement with q prisoner or his CollnSe
when no indictment had been touRt
against him.
In view of these appeals from tho pris
oner, and my great desire 10 have Ills trla
where the Constitution of his State guar
Anteed 1t should be, upon consultation
with anable lawyer, now In tho LegislA
ture, bill was drafted to enable The
courts Of this State TO receive such testi
mony upon the trial Of all causes whert
the party. by his consent OF record, agreed
that II should bo admitted. This bill
which give in substance, has met will
Opposition. As TO It's eonstitutiOnRlity
have no doubt The passage OF this law
looked to at the time the case was referred
back to the Grand Jury. Whether 1t will
pass or not am unable 10 say; hut ir Il
does not, tho constitutional rights of the
citizen cannot be enforced by this or any
other State court, and he Is left without
judicial or legislative protection, agains
the enCroaehInent Of Federal power. The
Law Of Kentucky now il that no negro o.
muIatto shall testify against white per
son, &c. This law Is plain and explicit
and leaves no room for construction. A
Judge Of the State courts cannot, in my
opinion, decide otherwise than to exclude
such testimony. 1t Is true tho Constitu
ton Of the United States makes the negrt
a citizen, and confers upon him therightE
OF citizen; but the right to testify, as 1t is
called, Is q misnomer. No man has Q
right to testify, either by the Federal OF
State Constitution, or by Federal or State
laws. No one can he witness in any
case of his own will, or assert his right t
testify In any court Of justice. II Is MOI
like tho right to sue or tho right Of fran
chise. These are rights unquestloned
and OF which no citizen can be deprived
To testify Is an obligation or duty impos
ed by law; and, instead Of being exercised
as right, nearly every man testttles be-
cause he Is made to do 20.
The emancipation of the negro, with
the constitutional amendments, confers
upon him the right to contract, own, sell
and dispose Of property, real and person
al. the right to sue in all cases where the
white man can sue, and also to exercise
the right of franchise itself These right
are all conceded to him by the Legislative
and judicial departments Of our STATE
government; but to testify, mere Incl
dent Of the right to sue, is denied him
That which does notamOunt to right u
denied him, and all the rights pertaining
to the citizen guaranteed him. A Negro
may bring his action in the State Court
against one Of your body-he may claim
thousands Of dollars in damages. Wher
the case is called for trial and the negro't
testimony is excluded, his case Is transfer
red TO the Federal Court. Now, who u
derived of rights in this instanceS The
white man Is, because he Is entitled Z
have his case tried where 1t is brought
and this right isnot only denied him, bui
there Is coupled with the transfer Of thu
case expenses and cost nearly always ex
ceeiling the amount IN litigation. 1twil
not do to say that this Is all the result o
Congress legislation-what has been don't
cannot be avoided, We must legislatl
with a view to our present condition, ant
in such a wayas to advance the interes
and welfare Of our people. No person
in any State or country are better quail
fed to Judge Of and weigh the testimon!
Of negroes than Kentucky jurors. M
harm can possibly arise from it. Anig
norant, illiterate negro in the winesS.bol
with q lie in his mouth will at once b.
detected by judges, jurors, and law
yers, We give the negro the righ
TO sue the white man in our State courts
whenwe know that this proceeding ena
bles him to carry the case to the FederaI
Court We permit white man to be IN
dictel for killing a negro when we know
the case will 90 10 the Federal Court tol
me same crime. We permit these suit
, acknowledgements when we know the Judge