The Republican. [volume] (Oakland, Md.) 1877-current, 1877-12-29
The Negro in the Courts.

The decision of the Court of APP
peals of Maryland, refusing the ap-
plication of Charles Taylor, colored
citizen of the state, for admission to
it's bar, is clear exposition of the
state statutes, interpreted by the
light of the decisions of the Supreme
Court of the United States, upon the
fourteenth amendment. The opin-
ion is able, conclusive and exhaus-
tive it was unanimous and it must
be accepted as the final Interpretation
of the law of Maryland upon this
subject. 1t decides in effect that the
statutory qualifications of an attor-
'ney were that he must be { free ,r19ite
male citizen of Maryland, and that
while the constitutional amendments
and subsequent state legislation have
given the rights and privileges of
citizenship to the negroes, they have
not altered the force of the statutes
which apply to this subject The
word "free" is now superhuous, for
all are free, but the state law still re-
quires that the practicing attorney
shall be "white" as peremptorily as
that he shall be "male." The state
courts have now no more right to
admit negro to the bar than to
admit q woman
1t is not the func ton OF the courts
to make law. They can only declare
what the law already is. The Court
of Appeals says that thus the law
stands, but they do not say that the
law is wise or just; they intimate
that it may be the duty of the Legis-
lature to remove by statutory enact
ment this disability from the colored
citizens of the state. And it seems
to be the duty of the Legislature at
its next secession to do so. Nothing
is gained by denying to the negro
the right to practice law. He will
hardly become formidable compet-
itor of the white man in this trying
field of intellectual effort. To enact
that he shall not be a lawyer is like
enacting that woman shall not be
blacksmith. But while it Is true
that not one negro in ten thousand
could maintain himself at the bar, it
is just and right that they should
have the chance to do so if they can.
The true policy in dealing with the
colored race is to do all that is posi-
BILE to elevate it into good citizen
ship. Every incentive to induce
them to exert themselves to rise
above their former condition should
be offered to them. 1t is far better,
inasmuch as they are living among
us, and will continue to do SO, that
they should live among US as educat-
ed and industrious citizens, rather
than ignorant, brutal and idle. To
shut them out of one of the leading
professions closes to them one of their
noblest possibilities. and does the
white men no good. Something
might be conceded to the bar and
bench, that were raised under the
old regime, and still retain their old
feelings upon this subject. But while
both bench and bar in this state stand
far above the average of other states,
there are attorneys in this city in full
practice and who would disgrace a
respectable negro by their compau-
ionship. The legal practice of a ne
gro ought not to be so Objectionable
rs the legal practises of some of the
white counselors; and it would be
far better to demand that the hands
of the attorneys should be clean than
that they should be white.-Bdlti-
more Gazette.