Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
Thus far the legislation on Negro testimony in the Southern States only
has been given. Similar questions have arisen in some of the other
States. Thus, by an early statute of California[615] “no Indian, or
person having one-half or more Indian blood, or Mongolian, or Chinese,”
was permitted to give evidence in favor of or against a white person.
The Supreme Court[616] of the State held in 1869 that this statute
violated the Civil Rights Bill and was therefore null and void. A
minority of the court, however, dissented on the ground that the Civil
Rights Bill itself was unconstitutional as interfering with the domestic
relations of citizens.
A law of Indiana[617] of 1865 provided that all persons of competent
age, without distinction as to color or blood, should be competent as
witnesses, but provided that no Negro or mulatto who had come, or who
should thereafter come into this State in violation of the thirteenth
article of the Constitution of the State (prohibiting the immigration of
free Negroes) should, while said article continued in force, be
competent as a witness in any case in which a white person was a party
in interest. It also provided[618] that where a Negro, Indian, or person
excluded on account of mixed blood was a party in the case, his opponent
should be excluded. Nevada,[619] the same year, gave Negroes the right
to testify, but not in favor of or against a white person, and also
provided that the credibility of such Negro, black, or mulatto person
should be left entirely with the jury. Washington,[620] in 1866,
provided that no one should be incompetent as a witness “by reason of
having Negro blood.” But in 1869, the legislature[621] said that Indians
or persons having over one-half Indian blood should not be competent to
testify in an action or proceeding to which a white person was a party.
West Virginia[622] passed a law in 1866 that no person should be
incompetent as a witness on account of race or color.
Public-domain text, read in full here on John Shaqi.
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