Hall

delivered the opinion of the Court.

The appellant, a free white citizen of this State, was convicted of murder upon the testimony of Chinese witnesses.

The point involved in this case, is the admissibility of such evidence.

The 394th section of the Act Concerning Civil Cases, provides that no Indian or Negro shall be allowed to testify as a witness in any action or proceeding in which a White person is a party.

The 14th section of the Act of April 16th, 1850, regulating Criminal Proceedings, provides that “No Black or Mulatto person, or Indian, shall be allowed to give evidence in favor of, or against a white man.”

The true point at which we are anxious to arrive is, the legal signification of the words, “ Black, Mulatto, Indian and White person,” and whether the Legislature adopted them as generic terms, or intended to limit their application to specific types of the human species.

Before considering this question, it is proper to remark the difference between the two sections of our statute, already *400 quoted, tbe latter being more broad and comprehensive in its exclusion, by use of the word “Black,” instead of Negro.

[400] * Conceding, however, for the present, that…