Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-02-08

acteristic of the will develope ITSELF and
thenceforth receive its just estimate at the hands
of q white Judge and white jury 1t is Just to
truth, however, for Us TO admit that neither dur
ing the wonderful and enduring conflict of arms,
peculiarly announced, IN their very midst, to be IN
behalf of their freedom, they did not exhibit, nor
since its termination, have they exhibited any de-
cided marks Of prejudice against their late mas
ters
It must be conceded by the opponents of such
evidence, that if strong preludices be sufficient to
exclude the testimony of witnesses, all experience
teaches that public Prosecutors, near kindred, and
personal enemies ought to be set aside as incom-
petent and, if general corruption be also suffi-
Gent cause for exclusion, the man, whose charaC-
ter for truth on OATH is proved by all his acqain-
tances to be bad, ought no more to be heard in
the ascGrtalnment OF facts, than negro, Yet III
all these the witness is heard, subject to
many 'grains of allowance" on account of his
established and admitted infrmity jury may
Judge to be the proper measure. 1t is settled by
our highest judicial tribunal that the testimony
OF witness who commits perjury, apparent to
the jury III the very case IN which he IS examined,
must nevertheless be weighed by the jury for
what it is worth
BY the laws Of all civilized Europe, regulating
the competency OF witnesses, mono excluded
by reason of character, race, color Teligion.--
We, ourselves, admit the aemibarbariau OF every
continent and island of every nation and tongue;
of every religion. christian, heather and pagan;
and OF every color, and race, unless he may fall
under the chronological varieties of the human
species, denominatel Negroes and Iadiaa8.
We not prepared to admit, indeed do
we believe that the colored man III North Carolina
is entitled to less credit his Christian oath,
than the colored Musselmen, or heathcn of Asia
Or Egypt, OF other parts of Africa, is when
sworn on his Koran or other symbols of religious
reverence. And when We consider the many thOu-
sands III the State, who are Ill full fellowship
christians, though quite sensible of the
general decentralization which pervades them as a
class, feel little dread for the consequences
which may attend the adnis5ibility Of their eyi-
dencc as reported
in Offering our reasons for allowing tie cvi-
dence, We have conceded the general demoraliza-
ton OF tbs col0red population; but we should do
great injustice t0many OF thcm ii we should close
this report without excepting from tho stigma
hundreds. who, throughout their lives, have con
ductet themselves Ill . manner altogether bccom-
ing the best Of citizens, and deserving the vcgE
highest 72rui5". THESE arc lights indeed, 10 nil
others; AMI the consideration Of respect in which
they are held ought TO siJimulAte and encourage
others Of their to practice the virtues Of hon
esty and truth, which have served to distinguish
! the few.
The committee hitherto have argued that il the
proposed evidence be admitted, subject to the
rules long established among us, and derived from
our English ancestors, the administration Of JUS
tico viii have little to apprehcnd from the deprlvi
! ~ prejudice Of the witness. In proof OF this,
they beg leave to invoke the attention Of your hon
Orable body in the recent experiments on those
rules, made in England and in many of the United
| States. They viii specially notice only those
made in England within the last twenty-five
years.
! Up to the year 1875, Ike rules FOR the mos.
| part, prevailed i'll this State and in England. In
! that year 4 great innovation was made by statute
6 q Wet removing many disqualiGcations, be
cause Of interest in the witness. SO beneficial to
the as2Crtainment OF truth CONTRARY to all previous
theory did this experiment prove, that i'll 1852
the Parliament lSt. 10 q l6 Fict) took another and
q very long stepin the same direction, and allowed
each party not only to put the other, but even
! himself, on the witness stand against his adverse
~. ! proposition Of this kind, mode forty years
ago in that country W0ull have been regarded as
the vision Of disordeIed intellect; yet the daily
practice under this law, has SO illustrated It's bene
fits that 1t j. regarded the most successful means
| towards pe.GectinS the administration OF justice
| n that country a country which has no superior
| Il INDEED, any equal on the globe, in ever cXhib
ting tie most Intelligent and careful solicitudo TO
provide for the rights OF person and property OF
every subject within lis vast domains.
Respectfully submitted,
B. L. MOORE,
". S. MASON.