The Sun.
London, England, 1823-07-16 00:00:00

ISLAND OF BERMUDA.

CHIEF JUSTICE ESTEbi'S CHARGE TO THE GRAND JURY.—
COURT OF GENERAL ASSIZE, BERMUDA, MAY TERM-
-4 GEORGE IV. HIM
Air. Foreman and Gentlemen of the Jury—lt is no mean
part of legislative wisdom, to watch the progress of society, and
to adapt the laws to those changes in it. which necessarily re-
'atilt from the march of intellectual improvement. A law which
at one period may not be improper, may very' probably at
another not only do no good, but be productive of very great
mischief.

These observations have been suggestaby what I consider a
defect in that part of our law which rejects the evidence, in
Courts of Justice, and before Magistrates, of free persons of
colour, in -all cases except upon the trial of a slave for any
offence ; and then prohibits an oath to be administered to them.
In the year 1764, when the Act passed to which I have alluded,
there were comparatively very few persons of this description in:
the Colony—and, consequently, the loss of their judicial evi-
dence was of trifling inconvenience to the public. The few,
too, whd were in the Colony, were comparatively Ignorant, and
perhaps altogether unlettered. The ease, however, at present,
after the lapse of more than half a century, is widely different.
The abolition of the Slave' Trade, the diffusion of general
knowledge, and the consequent progress of liberal, opinions
upon all subjects, have by various modes of emancipation, con-
siderably increased the number of this class of persons, who,
partaking themselves of the general spirit of improvement,
have by no means been deficient in the culture of their intel-
lect. I imagine that at the present moment the greater number
of them can read, and many can write. It is but reasonable
to suppose (what I believe myself to be the fact), that, upon
the whole, their moral character is improved ; and that the
most respectable among them feel the value of their inure erect
posture in society. With respect to religion, they have doubtless
views sufilidently deer to make them fully sensible of the grave
sanction of an dath.:,Many of those persons obtain credit in our
Stone; in the ordinary transactions of life, we do not hesitate to
believe them precisely as if their colour was white; it is only in
Courts of Justice that the law forbids us to believe them, except
in one solitary case. Thus it appears that their evidence has a
moral but nut a legal efficacy; that it is without the smallest
scruple used in all cases, except where it would be most useful ;
and that a person, whom at the bottom -of 'the Court-room we
should implicitly believe, trust with a sum of money, or with
important concerns, the moment he advances a few steps, and
offers to give evidence in the most trivial cause (if it be not the
trial of a slave for some offence), we are bound to tell, that we
utterly disbelieve every word that he says. The Act to which I
have referred seems therefore to require revision. Indeed it
bears abundant internal marks of haste, and of having been
passed upon the spur of an occasion;; and it is not a little sin-
gular that so leng an Act, with such severe enactments, should
have passed the three branches of the Legislature on the same
day, the 25th February, 1764.
'fhe repudiation of the evidence of a particular class may, to a
superficial view, appear only to affect that class; and if that were
the case, it- woald be sufficiently objectionable. It is 4 great
hardship, considered only with respect to themselves, that the
evidence of free persons of colour should not be achniteible In
Courts of Justice, both for and against free persons of colour in
civil and in criminal proceedings. But the evil is by no means
confined to them ; it extendi its baneful operation to the public.
The class in question having become comparatively numerous,
to shut out their judicial evidence is an inconvenience to the
public, even in civil transactions ; but to reject it, when It fur-
nishes the sole prpof of an offence committed by one of them.
selves, ie to expoee the community to all that increase of crime
which is sure to follow upon a foreseen impunity.'
Instances have occurred in this Court, where the Jury were
necessarily directed to acquit, although no doubt was enter-
tained of the guilt of the prisoner, solely because there was no
other evidence but that of tree persons of colour.
This is an evil, Gentlemen, which neither you nor I eau re-
medy; that de tends on the Legislature of the Colony.,. Out it
may not be without its use thus publicly to state and discuss a
subject in which'the public welfare is so materially concerned.
And I have been induced to do so at the present time from
there being reason to believe, that a crime of deep and compli-
cated utali nits, at which human IlatUrehillitidellt, has been ceni-
rnitted in these islands, by a free 'man of colour, who cannot be
brought to trial because the material' witnesses are all persons
of the same description. The revision of the Act of 176 i, with
respect to the admission of other evidence than that of white
persons, has in two instances been brought before the Le-
gislature ; but in consequence of a difference of opinion be-
tween the two Houses about the extent of the proposed
alteration, no change in the law has token place. My own
opinion is, that the evidetiee of free poisons of colour should
be put upon precisely tile same footing as that of whitepersons
that is to say, that they should be competent to give testi-
mony In all cases, civil and criminal, where white persons arc
competent, and be subject to the sate objections to their credit,
(and no other), to which white persons are by law subject.
I am sutisfied that this change in the law, besides removing a
hardship froM free persons of colour, would be a great improve-
ment to tsar Co)bnial Jurisprudence, and a benefit to the whole
conanunity. I belieye that the objection which is sometimes
made to this chant/0 in the law rests solely upon the apprelien-
Ilion, that if once tee persons of,colour were admitted and sworn
as witnesses, like white persons, there evidencetuust be taken as
truth, and would in sissy cases lead to injustice. But .1 am
sure, Gentlemen, it is unnecessary fur me to state to you that this
is an erroneous apprehension. You all know very well, that
when a white person is produced before you pas a witness, you are
not bound to believe him upon his oath, if, from your knowledge
of hie character, the other evidence of the case, or your own
Information of the circumstances, you have good reason to
disbelieve, or doubt the truth of what he may have sworn: It
would be precisely the same with free persons of colour.—
The leading fact which a Jury has to try in every easel is
thedegree of credit due to the witnesses, before they can decide
upon the other, facts submitted to them. It is not therefore
but redible swearing that they are bound to lie-
lnil:vlee.liwgriiellag; r
being thus guarded, I think you will agree with
me, Gentlemen, that there would be no danger whatever in ad-
tnitting the evidence upon oath of Ate persons of colour. Being
iwell Upon when presented as witnesses in a Court
they weed have that degree of credit, and that
alone
Justice,e a l
given
to them,_ to which their character for integrity
would entitle them.. If a failure of justice were to take place,
there would, for obvious causes, be more reason to appre.
hend'lt from their being disbelieved, when credit was due to
them, than the contrary. The' evil arising from the present
state of the law upon this subject is of a magnitude to adndt of
and I anxiously hope that the Legisla.
the earliest poseible opportunity to arrest
enactments.
itst
uor
lure
wn
will
c progressa sysaabi r
by
l yi
new
f a of
There are:, Gentlemen, several indictments to be laid be.
fore you for larceny, of which two or three are capital, and one
glider the Colonial Act, for the punishment of theft. Some
indictmente fur common nuisances will likewise be submitted.
to you.
their importance may
To tdegree of consideration to which
hese you will give that
respectively entitle them.

RAybiARKET TR cvntE.—The fourth report of
the Crown-land Revenue Commissioners (just
Printed by order of Parliament) states, that
" a plot of ground on the east side of the Hay-
market, and west-side of Suffolk-street, with a
theatre and messuage thereon, was leased for 99
years, froth;4nary 5, 18'21, to DAVI n Monnts,
EstFtat tba yearly Tent - pepper-corn rent for
the first two years) of 3561. 9s. 6d., and 381.105.
in lieu of land..tax redeemed by the Crown the
costs, champs,
and ex peaces, incurred in erecting
and finishing the said theatre and tnessuage being
8,0001."
Titus, the ground rent alone of the
46
Little Theatre" ie nearly 4001. a year.

On Tuesday, the Bth instant, and on Monday
last, Mr.
II MOON, the Magistrate of Hammer-
smith, and Mr. ScoTT, another County Magis.
trate,
were engaged in investigating a charge of
bastardy
against a Clergyman of that place.—
The mother of the child was a young girl, a ser-
vant in the house. The Magistrates made the or-
der of
filiation. Some circumstances were stated
tending
greatly to aggravate the charge, and
indeed involsing.an accusation of a most serious
character; but as they were not a part of the
case to be decided on by the Magistrates (th
only question before them being es to the order
of filiation), and consequently cannot be regarded
as legally moral, we conceive that it would be
unfair to publish them, and especially as, the
affair may be brought before a higher tribunal.