No colored man can be a judge, juror, or constable. Were the talents
and acquirements of a Mansfield or a Marshall veiled in a sable skin,
they would be excluded from the bench of the humblest court in the
American republic. In the slave States generally, no black man can
enter a court of justice as a witness against a white one. Of course
a white man may, with perfect impunity, defraud or abuse a negro to
any extent, provided he is careful to avoid the presence of any of
his own caste, at the execution of his contract, or the indulgence of
his malice. We are not aware that an outrage so flagrant is
sanctioned by the laws of any _free_ State, with one exception. That
exception the reader will readily believe can be none other than OHIO.
A statute of this State enacts, "that no black or mulatto _person_ or
_persons_ shall hereafter be permitted to be sworn, or give evidence
in any court of Record or elsewhere, in this State, in any cause
depending, or matter of controversy, when either party to the same
is a WHITE person; or in any prosecution of the State against any
WHITE person."
We have seen that on the subject of petition the legislature regards
itself as independent of all obligation except such as is imposed by
the Constitution. How mindful they are of the requirements even of
that instrument, when obedience to them would check the indulgence of
their malignity to the blacks, appears from the 7th Section of the
8th Article, viz.--"All courts shall be open, and every _person_, for
any injury done him in his lands, goods, person or reputation, shall
have remedy by due course of law, and right and justice administered
without denial or delay."
Ohio legislators may deny that negroes and mulattoes are citizens, or
people; but they are estopped by the very words of the statute just
quoted, from denying that they are "_persons_." Now, by the
Constitution every _person_, black as well as white, is to have
justice administered to him without denial or delay. But by the law,
while any unknown _white_ vagrant may be a witness in any case
whatever, no black suitor is permitted to offer a witness of his own
color, however well established may be his character for
intelligence and veracity, to prove his rights or his wrongs; and
hence in a multitude of cases, justice is denied in despite of the
Constitution; and why denied? Solely from a foolish and wicked
prejudice against color.