Year: 1871

our State Courts was being discussed, the


opponents of the policy persistently ar


gued that its admission would not stop


the jurisdiction of the United States


COrfs over such eases. We argued that


the Jurisdiction of the United States


Court was based solely upon the denial


to tie negro of the right to testify in


thestate Court. The following from a


recent opinion of Judge Ballard is posi-


tive on the point, and settles the ques-


tiou:


But have said that Congress. after


the adoption of the fourteenth amend


meat, re-enacted what is termed the civil


rights bill. Questions arose as to the


confltutionality of the civil rights bill,
which was passed in pursuance of su-


thonty conferred upon Congress by the


ment simply declares that neither slave


~ u5r Involuntary servitude shall exist


throughout the United States nor any of
tbe Territories, and that Congress may
enforce the article by appropriate legis-
ton. 1t was doubted whether Congress
could pass the statute which was passed
on the 9th of April, 1866, giving the
Federal court jurisdiction in those States
which denied to any person any of the
rights which were secured to them by
this act, including, among others, the
right to testify in court in all causes af-
fectiug their life or their property. The
authority TO pass the statute was recog
nized by this court and by other courts,
/ but still, inasmuch as there was some
! little doubt about it, it was re enacted
/ by Congress after the adoption of this
fourteenth amendment. You will see
! that the authority to pass the statute
which is conferred by this fourteenth
amendment is much more obvious, and
much clearer than it was when passed
simply by authority conferred by the
thirteenth amendment.


"No State shall make or enforce any
law which shall abridge the privileges or
immunities of citizens of the United
States; nor shall any State deprive any
person of life, liberty or property, with
out due process of law, nor deny to any
person within its Jurisdiction the equal
protection of the laws.


"5. The Congress shall have power to
enforce by appropriate legislation the
provisions of this article"


Now, undoubtedly the citizen is pro-
tected by the criminal laws of the State,
as we'll as by civil law. Undoubtedly
the citizen derives his protection partly,
also, from the right which he has in per-
son to complain of outrages, either upon
his person or property. Part Of the
protection which the State gives him is
from this right of the citizen to complain,
touching wrongs upon person or proper
ty. No clearer proposition can be stated,
aud therefore, so long as any citizen is
denied the right while the right is ac-
corded to others-so long as the right is
denied TO colored men to testify while
the r;--ht - accorded So yOS-th1 state
aoes deny to the coored man the equal
protection of the laws. | think clearer
proposition can not be stated to any hu
man mind Therefore the right of Con
gress to furnish that protection, and the
/ right of Congress to enforce this article
/ By appropriate legislation is, to my mind,
exceedingly clear. Whether they have
denied it or not, is not as clear as wheth
/ er they have right to do it. So long
as Kentucky denies the right of the col
ored man to testify in the courts of jus
+ tice, just so long has this court jurisdic
tion of those grievances committed upon
them


Now, the act of Congress further pro
vides. That all persons within the ju
risdiction of the United States shall
have the same right in every State and
/ territory in the United States to make
/ aud enforce contracts, TO sue, be parties
/ aud give evidence, and to full aud equal
/ benefit of all laws and proceedings for
the security of person or property, as is
enioyed by white citizens, and shall be
subject to like punishment, pains and
penalties, and TO. none other, any law,
statute, ordinance, regulation or custom
to the contrary Notwithstanding And
then it provides that the act passed in
1866 is hereby re-enacted.


The third section of the act Of 1866
provided THAT the District Courts of the
United States, within their respective
districts, shall have eognizance of all
crimes and offenses committed against
the provisions of this act, and also con-
currently with the Circuit Courts of the
United States of all causes, civil or Grim
inal affecting persons who are deaied or
cannot enforce in the courts or judicial
tribunals of the State, or locality where
they may be. any of the rights secured
to them by the FIRST section of this act.
And then it proceeds to provide that the
punishment shall be the same as is pre-
scribad By the State law.


Now, L wish the jury distinctly to un-
derstand that the jurisdiction of this
court to try this class of cases is found
ed solely upon the denial by the State of
Kentucky Of the equal protection of the
laws to this class of persons. There
would be no jurisdiction of this court
whatever if there was no such denial. II
the State of Kentucky should to morrow
give equal protection to these people by
authorizing them to testify in the courts,
then the jurisdiction of this court, so
far as that part Of it that is founded
upon this statute is concerned, would
Immediately end, and that has been the
construction which | have given to the
statute In the past. That is obviously
the language of the statute, and answers
the whole object of it.


Now, there is no right enumerated in
this clause, except the right to testify in
the courts that these people have not
got. They have the same right to make
contract that you and l have they
have the same right to devise property
that you and l have and they are to
suffer the same pains and penalties that
you and have, and all that is denied to
them by the State is the right to testify,
and so long as that right is denied we
are obliged to take jurisdiction of these
eases. say we are obliged. 1 use the
term because | am exceedingly sorry