The Placer herald., 1857-08-22
The Negro Testimony Bill.

AOe NEGRO 4e5ClmO0y Dill.
The frequent acts Of robbery and murder
committed by lawless men upon negroes,
Chinese and others, whose testimony could
not be received in our Courts against white
men, called out m expression, in many parts
Of the State, during the session Of the last
Legislature in favor Of law that would meet
the ends Of justice, by admitting the testi'
mcny of the ;n.erdicted races. The measure,
however, found opponents as well as advo.
Gates; and while some con.ended for the
continuance Of the prohibition, and others
were willing to admit colored testimony
upon the same footing with white, many were
in favor Of such evidence, under certain re-
strictions. The matter received the attention
Of our legislators, and bills wero introduced
in both the Senate and Assembly. which, it
was thought by many, would afford the ne.
cessary protection and accomplish the re.
quirements Of justice. The Assembly bill
found number Of supporters in the House,
irrespective Of party. distinction, but was
finally defeated.
As the provisions Of that bill are not fami.
liar to our readers, and as some have disap.
proved Of Mr.. satford's support Of the mea-
sure, we insert it below for the information
Of those who feel interested:
An act Relative to Negro Testimony.
An Act concerning the testimony Of children
and other than white persons.
The People Of the State of California rep
resented in Senate and Assembly, do enact
as foUoscs:
Sec. !. All children under ten years Of age
being the children Of other than white parents;
and all persons Of unsound mind at the time
of their production for examination shall not
be admitted to testify in any action.
| Sec. . All children Of white persons; children
under ten and over seven years of age, being
the children of persons having one half or more
of Indian blood, who have been reared from
infancy, by, or among white persons, Negroes,
Chinese, and Indians of mature and sound mind,
when they understand and appreciate the obli-
cations of an oet tn, may be permitted to give
testimony in the discretion Of the Court, when
ever, from all the facts and circumstances there
is known to the Court. no other sufficient proof
Of the facts ght to be established. Provided
that all evidence given by such persons may be
regarded or not in the sound judgement Of the
Jurors or Court.
Sec. 8. Section ii of an Act entitled an Act
concerning crimes and punishments "passed April
18th 1850, and Section 394 Of an Act entitled m
act to regulate proceedings in civil cases in the
! Courts of Justice of this State, passed April 29
1851; are hereby repealed
1t will be seen from the above that mark.
ed difference was made between those whose
testimony was proposed to be admitted and
that of white persons. II would have been
in the discretion of the Court TO admit or
reject the testimony; and not to be admitted
at all if the necessary facts could bo elected
from whites And when there would have
been no rehutting testimony, jury could
have accepted or rejected it as in their judg
ment they saw proper
We conceive the question to have beer
one upon which Legislators could honestly
differ; and one which they could support ol
oppose, and in either case be actuatcd by Z
sole desire for the public good. Tho repeat
ed acts Of violence and outrage throughout
the State upon persons other than white
seemed to call for some measure of protec
ton, and it was presented in this form. The
wisdom Of future Legislature may devise q
remedy less open to opposition; but it is Ger.
tsinly wrong for any Of his constituents tc
reflect upon Mr. Stafford for his vote on tha,
bill on the supposition that he was guided by
any other motives than such as would have
obtained for the genera good.