Year: 1871

The Hon. Jerre s. Black, who stands at
the head ofthe American bar, in defending
I. Kentucky case appealed under the Civil
Rights Bill to the Supreme Court OF the
United States, thus aHudes to the disad-
vantages TO which the State and people os
Kentucky are subject, by the operation of
the bill Now we are assured that the evils
TO the white man, as portrayed IN TINS ex-
tract. could be averted, by the admission of
the negro as a-witness in our State Courts,
and that all such cases would then be tried
in our local courts:


now 1T MIGHT BE MADE TO WORK


II does not matter whether the testimony
of the black witness is important or unim-
portant The same fact may be testified to
by hundred white witnesses of credible
character; but il there be a black one, no
matter how necessary his evidence is to the
conviction of the party accused, that is suf-
icient, proprior piqore to oust the jurisdiction
of the State courts, and vest the exclusive
jurisdiction in the Federal courts. If a
fight takes place at a militia muster a
crossroads meeting a general election,
or a barbecue, or atany other public gather
ing, in the presence of thousand white
persons who can testify TO it, though it con-
Germs 0opOuy Dut WHlte men, tnOuEh IL Is
between white men entirely. they cannot
he indicted for the offense in a State court
if one single negro or mulatto in that whole
crowd saw the thing done. If negrois in
dicted, along with others, for being in the
affray, it goes of course to the Federal courts.
If a white man is taken up for a crime
against the State, indicted, arraigned, and
his guilt clearly proved by white witnesses,
he can defeat the jurisdiction and cntitle
himself 10 an acquital, not by proving that
he is innocent of the offense, but by proving
that he is guilty, and that the crime was
done in the presence of negro If the law
of Congress be valid, and that be the true
construction oft any man that pleases may
start out with pre-expressed determine
tion 10 commit any crime he pleases against
the State of Kentucky, with perfect immu-
nifty from the State authorities, if he will
simply take negro along with him when
he does the deed; and if he is not so happy
as TO have done it in the presence of one OF
that race, all he needs TO do is to hunt up
black man and make q confession ia his
presence-


AN INToLERABLE GRIEVANCE


This is an intolerable grievance, which
no State can suffer without groans and tears,
even ifit were confined to great cases, where
the public alarm, would insure punishment
in the Federal Courts; but it extends to the





distribution ofjustice which is made by the
local magistrates in the townships-to as
saults and batteries, 10 small thefts-to the
slightest breach of police regulations which
the law calls a crime. Upon the prompt and
speedy punishment of such offenses as these
the peace of neigbborhoods and the morals
of the people depend far more than on the
decision of great causes. But in none CT
these can the State courts administer justice
if negro be affected. The District Court
of the United States for Kentucky is filed
now with cases assault and battery and
petty larceny, brought from every part oi
the State. | do not wish to speak disre-
spectfully of any of my friends friends, but
| must be permitted TO say (what have the
highest authority for saying,) that negroes
have a powerful bump of acquisitiveness in
little things, which results frequently in
producing decided proclivity TO stealing
The Solicitor General says that the African
race have been Christianized and ciyiliz ed
by our benign institutons-by which / un-
derstand him to mean slavery-but he will
not pretend, ] think, that slavery or any
thing else has taught them the difference
between BieuR and tlnfni. Nor will they ever
learn it unless the knowledge is forced upon
them by the law. But this act of Congress de-
prives them of the lessons which they might
otherwise receive in that stern but whole
some school.