Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-08-11

Dear Sir: IN attempt n btt H'dh' '" h"h' t'
teal capital out Of n conversation winch occurred nr-
tween Gov. Iredell and myself, on last Saturday al th'
| Post Office: Suppose that the Federal Court had hPen
IN session on that dav, Il white man had been ihu'c'o
and there had been negro evidence against nun, w ~"
be ve from what was said in that conversations, that
would have offered negro testimony against HIM: a
simple reply to this question Will very much "hlISe
Yours truly,
JAMES D. SHEPARD.
To P. II. Busbce, Esq.
Dear Sill: | have received yonr note OF the 10Th INST,
asking me if, from what | heard OF the conversation
between Gov. IrrdclI and yourself at the Post Once
last Saturday-"i believe tina, surprising the Federal
Cour, had been in session that day and a white man m
dic,cd, YOU would have offered negro testimony to m
sure his conviction.
In answer to your inquiry, ! received no such I'M
preston from what | heard Of your conversation touch
mn Tho suh;rct With much respect,
2. II. BUSBEE.
Satnrdny .}fcrnoon, .J"'y 25h, l-l0.
J. B. Shepard, Esq.
.Houdav .Horning, 27h jn'y, lS+0-
Dear Sir address you these lines on a very d"lr-
cate subject for several reasons First, because you
are in your politics a decided Wing; and therefore can
labor under no bias TO state anything too favorable 10
the Democratic cause or its supporters. Second, be-
cause mt rrsrd, mr. in Raleigh you can be Influenced by
no local p~rciudicps aud have no personal ends TO accom-
plish. You will nblige me by stating IN reply, whether
YOU heard me inform Gov. lrcdcil that would oiirr
negro testimony in the Federal c"ur, I'D say that
such evidence would be competent or legal: Rave
YOU not been surprised al the attempt which has been
made to convert that conversation into an engine Of ms
representation against me.
Very truly yours,
JAMES B. SHEPARD.
To Thomas Gholson, Esq.
Raicigh, Ju'y p, 1910.
To James B. Shepard, Esq.
Dear SIR: have received yours OF the above date.
In reply To the tirs, Inrcrr"gatory IN your letter, stale
that did not hear YOU inform Gov. lrrdcil that You
would offer negro testimony in the Federal Court, um-
onalifedly-hut, on the contrary, understood from
your conversation generally, that you w"u!d not pre-
vent such evidence from gong before the court, u siich
evidence were legal. As 10 the legality ri such 'vi-
drnrr, YOU EXPRESSED no opinion. state ~ answer 10
yuu- second inlcrroraiory, that am surprised that an
attempt has been made 10 convert your conversation
INTO an engine OF misrepresentation against you; ana
moreover to US" IT rs political capitai III any way.
Respectfully,
Your ob, scrv't
THOMAS GHOLSON.
y. B. Mr.. Ghnlson is a very warm Wing; tie u
Tho son of Mrs. Freeman, the vale OF the Rev. Dr.
Freeman of this city. he SPEAKS IKE a man "l
c,rdor and sense. Having removed from Ntrg ma Sc
gcral years sIncr to the Western country, he now has
a large and increasing practice in his profession IN that
cnicrprising land.
.Houday Morning, 21h Jmy, $40.
To NATHANIEL G.. RASp, DEMPSEY Is. Massey ASD
JAMEs NJ. MANGrM.
Gentlemen: ! have Just received from Gov. lred"ll
his cert ficatr, and hasten |" reply to ITS contents. Al
ter having given You a delnrlrd history OF The CONVEX
satinn suhstantiatcd by the letters and certificates 81 Sc
vrral gentlemen which, occurred On Saturday The lotha al
the Post Office, permit me To state distinctly what IS
nv opininn upon the recrivahiliiy Of negro testimony IN
In. Federal Courts of North Carolina. THIS is per
ha;S, the most prudent method OF silenctng at once $"
silly and contemplate a charge. YOU Will please re-.
collect that IL disposed 10 have avoided responsibility ]
In ---I. l-.,, ..r,,nl tl. Irnn Hon nt nv rpSIH
nation of that office FIVE days before thus conversation
happened. Tie rough manner Of his salute alone pre-
ven'rd NE as well from giving hun such notice as from
replying 10 MS question.
Mn opini0n thcR is tint negro trideHof IS ,nrompnfc"t
and h,rttorc caanot be alfred ogninsts ~hte man IN
hr Fcdcrat ConrtS d NDrh CaroLi"a.
Colorpd persons cannot give testimony against white
people in any State where they are denird that privilege
in trials at common law. Being excluded (y The lst
paragraph orsecttnn 5Oth Of Chap. III, Of an Act rnti.
tied an Act concerning slaves and free parsons Hi CO.
lori from giving testimony except against each other,
they have no right In become witnesses against inc
white man, even in the Federal Courts of our State
Congress had the power To give the Circuit Court coz.
nIzancc of all crimes against the L. States. and has ac-
cordlnrly bestowed upon them exclusive jurisdiction OF
most offences recognised and punishable by The laws 81
the l. $. The lith section of the Act of l1c9, declares
that The Circuit Courts shall have "rxclmslve cogn zanrr
of all the crImrs and offences c"gnrzahie under the au-
thority of thc L. S. eAcep, where this Ac, otherwise pro.
v IutS vi l"t avs ~ iN y - "A''' '''' 800
Now the common law with the Federal Constitution can
alone determine what are or may be offences against
the u. s. Otherwise the Federal jurisdiction would
be vague, indefinite and evidently subject to the d"spo-
tism of 4 discretionary tribunal. When, therefore,, a
persnn is indicted and arraiuned in the Federal Cnnrts
of this State, the first inquiry will be, has the Court
jurisdiction of the matter, The next Will be, IN what
manner aud by what evidence shall he be tried: The
rule which governs as 10 evidence Is THIS II an ACT OF
Congress has been passed upon the subject that must
IA, ,I,,,l. ~ tlnrr I, u N n Jpt pf l'puurpsS- The. STA.
tutc of the State in which the Court Is sitting
mus. be the guide; if no act has been made III re-
ference TO the matter by either the State or the Re.
deral Government, then the principles OF the COM
mon law must be regarded not simply as the rule
of evidence IN criminal prosecutions IN the Federal
Courts, but also as the guide to Il proper penalty
Therefore when there has been no express legislative
ac,inu, the comn"n law must govern. But for fear oi
mistake, an act of Congress has been passed upon tins
subject. The 9th section Of the act of 1850, declares,
that the laws of the several States, except when the
Constitution, Treaties, or Statutes of the Union other.
wise declare, shall be recognized and admitted as rules
If decision in prosecutions IN the Us. Courts. The
doctrine has hrpn carried still further in favor Of State
Rights. In 10 Wheaton, 100, it is declared, that the
Federal Courts shall follow The decision of the State
Courts, even in the construction Of State laws, unless
where they come in conflict with the Constitution or
laws of the L.. States.
Pcrhs rs YOU may be anxious to know why | did not
Gov. lredell with my opinion, when he request
", vi iulhfl ihiib' -" ) ~ !"
ractrr and standing have expressed their surprise TO me
II the rudencss Of his attack. One observed, he would
have been very mucli disposed 10 have insulted him;
md another, that he would have declined noticing
i'm. NV reasons, then, for refusing to answer, were:
First because the question was an insult to my under
ding, when there had teen a Statute If our State
ipn II ,h's subject, rs early rs the year l'17: Second,
ausc IT was not desired for any practical purpose, as
he re was m probability that such a case WAS likely I"
r. So here: Third, because he avnwed that his object was
~ .sthe express and simple purpose of using IL; that IS
y make political capital IF it-a shameless declaration
1 Il mean and pititul purpose. 1t was not 10 benefit any
' idividual or number of individuals: Fourth, because
the peculiar excitement under which he evidently Ia,
bored, instiyatrd me to disregard Interrogntories pro-
eedrng from any such quarter: Faith, because, with
ut few exceptions, the large assemblage Of persons al
h. Post Office consisted almost entirely of those pnlI-
cally opposed to me. Some Of them doubtless are no.
orable men; but nevertheless did not deem it either
'crssarv or prudent In express any OPINION which
ight BE- rrtaiird BY petty dealers in Islander, or those
no have no sympathy with myself IN political SEN