People v.
Hall (1854)
nThe word “Black” may
include all Negroes, but the term “Negro”
does not include all Black persons. By
the use of this term in this
connection, we understand it to mean the opposite of “White,” and that it should be taken as contradistinguished from all White persons.
In using the words, “No Black, or Mulatto person, or Indian shall be allowed to give evidence for or against a White person,” the Legislature, if any intention can be ascribed to it, adopted the most comprehensive terms to embrace every known class or shade of color, as the apparent design was to protect the White person from the influence of all testimony other than that of persons of the same caste. The use of these terms must, by every sound rule of construction, exclude every one who is not of white blood.
In using the words, “No Black, or Mulatto person, or Indian shall be allowed to give evidence for or against a White person,” the Legislature, if any intention can be ascribed to it, adopted the most comprehensive terms to embrace every known class or shade of color, as the apparent design was to protect the White person from the influence of all testimony other than that of persons of the same caste. The use of these terms must, by every sound rule of construction, exclude every one who is not of white blood.