, 1840-09-19

oy SOu a io"es OioChS
are prohibited from testifying against white
men. Youvery naturally, as well from con-
slderation as from your own feelings, look
with repugnance upon their admission as
witnesses before the Federal tribunals. The
hrst question is, whether the law, as it
now stands, authorizes their admission; and
IT it does. the next is, whether the law ought
to be, and how it can be, changed. There
is no act of Congress which prohibits the
admission of colored persons as witnesses in
courts martial. 1t is believed that the prac-
tice of permitting them to testify, has been
uniform, and have not found that the ques.
ton has ever before been brought up for de-
cision. Indeed, | did not perceive that, ex-
cept by the accused the illegality of their
admission is even now objected to in any
quarter. The officers constituting the court,
a large majority Of whom where Southern
gentlemen, o highly respectable s~tanding,cog-
INFANT of all their rights, and in no sense, liza
bic to the imputation of being indisposed to
sustain them, did not, it appears, hesitate as
to the legality Of the testimony. The Dis
trict Attorney. Mr.. Key. declares the wit
nesses to have been competent as the law
now stands. The Judiciary Committee
composed of professional gentlemen, at least
a majority of whom could not be suspected
of a disposition 10 screen the Department or
the Executive from responsibility, if they
had sanctioned an illegal act-are silent up
on the subject. and the very resolutions even
by which the case of Lieutenant Hooe was
brought before Congress, although denounc-
ing the proceedings with great vehemence,
do not, | believe, allege that the admission
of these witnesses was illegal. The matter
rests upon very simple grounds. The able
men who framed the Judiciary act of 1889,
wisely adapted it as far as practicable, as
many of them had assisted in doing with the
Constitution itself, and as they did with most
of the early and fundamental acts Of the Gov.
ernment, to the peculiar condition of the
different States composing the confederacy
in respect to their local laws and domestic
institutions. 1t was TO this end provided,
"that the laws of the several States, except
where the Constitution, treaties, or statutes,
of the United States, shall otherwise require
or provide, shall be regarded as rules Of deer
sion in trials at common law IN the courts OF
the United States, IN cases where they ap-
ply. The consequence Of this provision in
respect TO this particular question is, that
when the Federal courts sit in 4 State where.
by its own laws colored persons are prohibit
ed from testifying against white persons,
they are excluded in those courts; and when
the State laws admit them in the State courts,
they are admitted in the Federal court also.
Such has been the uniform parctice under
the act, and all excitenents upon the SUBJ
ject has been by that means avoided. But
this applies only to the judicial tribunals Of
the country. The law Of courts martial
has not been framed with so much care
Their proceedings have been exclusively
regulated by acts of Congress without refer
ence to State laws or State usages. Those
acts have never prohibited the introduction
of colored persons as witnesses; and hence
their frequent admission in that capacity,
particularly in naval courts martial, some of
them almost invariably forming a portion of
every ships crew. II it be wrong to admit
them, the fault is in the law, and the reme-
DIV Is to be found only in its alteration. 1t is
surely not necessary that | should say to
you, sir, thai this cannot be accomplished
by me. Were ! either TO disregard the law
as it stands, when a case for doing so was
presented, or to attempt to change its opera
there would indeed be cause for com.
plai2t and d~enunciation. But whilst / have
not The constitutional power toalter the law,
have no hesitation in s"ying that have not
been able to discover a sufficient reason
why the rule which prevails with the con-
semi and appreciation Of all in the judicial,
should not be extended to the military tri.
bunals of the country. The legislation OF
Congress necessary to accomplish that OBJ
Jet would be very simple, it being only
to provide that the rules, in re-
gard to the admission of witnesses in this
particular should be the same in both classes
Of courts. Some special enactment in re-
gard to courts martial held at sea, and out OF
the jurisdiction of any State, might be ne
cessary, but could easily be adjusted.
1t is thus seen that efforts designed to be
in the matter should be directed to
Congress, and not to the Executive.
am, sir very respectfully,
Your obedient servant,
M. VAN BUREN,
To Mr.. EUGENE BURRAs,
jamestown, Martin county, N. c.