The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1840-09-10

s,,o,l gentlemen, at easl majority OF whoh /
ronld not be suspected Of disposition TO screen
The Denartment or the Executive from RESPONSE
b;llv. II they had sanctioned an illegal act-aie
silent upon the subject, and the very resolutions
even by which the case OF Lieutenant iooe was
brought before Congress, although dehohheing
the proceedings with great vehemence, 90 not
believe, nllege that the admission OF ihese VII
nesses was Illegal. The matter rests upon very
simple grounds. The able men who framed 'io
Judiciary act of 1889 wisely adapted II, as far as
practicable, as many of them had assisted IN 90,
ing with tho Constitution itself, and as they did
with most of the early and fundamental acts OF
the Government, TO the peculiar condition OF tho
different States composing the contederaey IN
respect TO their local laws and domestic lnstitu-
tions. 1t was TO this end provided, "that tbe
laws of the several States, except where The Con-
s,itution. treaties or statutes Of the u. states,
shall otherwise require or provide shall be Tegaf-
ded as rules Of decision in trials at common law
!, co,r,s of tho 4. States, 10 cases where they
anply. Tho consequence Of this provision IN re-
spect 10 this particular question Is, that when tie
Federal courts sit in a state, where, by It's own
laws eolorod persons are prohibited nom TESTIFY
ing against white persons, they are excluded IN
those courts aud when the State laws admit
them in the State courts, they are admitted ~ me
Federal courts also. Such has been the UNIFORM
practice under the act, ard all excitement upon
the subject has been by that means avoided. Bot
this sppli-s 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 Congress
without reference to State laws or State usages
4 Those acts have never prohibited the introduction
Of colored persons as witnesses, aud hence Their
frequent admission ia that capacity, particularly
Z m naval courts martial, some Of them almost m
varIahly forming portion OF every ships crew
Ii It be wrong 10 admit them. II iauii Is IN the
law. and the remedy is to be iunr only IN ITS al,
teriion I, IS surely not Necessary that should
say 10 Won sir that THIS cannot he accomplished
by me- Wee | either to disregard the law as j
stands when a case for do.ng 81 was presented
OF % attempt TO change its operation, There "onlV
indeed be cause Of complaint and remuneration
But y hills, haze not the constitutional power &c
alter tho law. have no Hesitation IN saying that
have not been able TO discover q sufficient rea
son why the rule which prevails with the consent
and appreciation Of all IN the judicial, should not
be extended to the military tribunals Of ,hc eoun
try The Legislation OF Congress necessary L
accomplish that object would b. very simple, 4
being only necessary 10 provide that the rules, ~
regard TO the admission Of witnesses N this p4Ftt
cuar should be tho same ~ both classes Of Courts
Some special enactment IN regard TO Courts Mar
tai held at Sea, aud out Of the jurisdiction Of any
state, might be necessary, bat could easily be ad
lnsed
"It IS thus seen that efforts designed 70 be use
ful ia the matter should be directed to Congress
and not to the Executive.
am SIR very respectfully, your ob't. serv't
M VAN BUREN
TO Mr.. Euort BrRsts
jamestown, Martin county \. c.