The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-02-13
GOV. GRAHAM,s OPINION.

AT the request of the .ntleInnn to whom it was
addressed, we cheerfuly give place to the following
letter of Gov. Grahan, written in reply to letter
addressed to him by Messrs. Hoderby and Burton,
. members of the Legislature:
HILLsEoRo' Feb 9th, 1866.
GExrLEMEs Yours dated the lst inst, was ham
ded yesterday.
In reply to your request for my opinion on the
question pending before the Legislature, whether
negroes shall be allowed to testify before Courts of
justice in all cases civil or criminal where the
rights of colored persons is involved, proposed
by the commission for the revision and amendment
Of our code as applicable to the black race have
to remark, that recognizing in letter and in
spirit, the full force of the amendment of the Consti
tuition abolishing slavery, feel bound to consider
everything pertaining to this great charge in the or
ganism of our society with the same degree OF cam
dor and impartalty that we apply to other provis-
ions of the Constitution.
Acting upon this principle, were clothed with
the authority now vested in member of the Cen
eral Assembly, should concur in the modification
of the law in this particular, proposed by the
Commission and mainly for the reasons assigned in
their report. Free negroes have always been re-
garded as free men in North Carolina and as such,
entitled to the privilege of habeas corpus, trial by
jury, ownership of property, even in slaves land
cases not infrequent of the enjoyment of this
right to prosecute and defend suits in courts of
Justice, and as incident to this, to make aidavts
for continuance, or as foundation for the rules
in the progress of a cause and to prove by their
own oath, even against white men, accounts to the
amount of sixty dollars for work and labor don
goods sold and delivered under the Book Dc BIT Law
The change proposed then is not violent or ex-
tensive as many suppose; is it fraught
with mischief dangerous Innovation than in
the estimation of the old professors of the Common
Law, the modern reforms in the Law of Evil
dence in England, among which is the regulation
that parties plaintiff and defendant are permitted to
testify in their causes, which is said to work
well. The tendency of judicial decisions in modern
times independently of the public opinion embodied
in acts of the Legislature has been in favor of the
admissibiliy of witnessas, leaving their credit to be
passed upon by the tribunal before which they de-
pose.
There is great force i'll the argument, that this
privilege to the extent proposed be conferred is
in the present condition of the black race necessary
to their safety, since they have lost the security of
a white witness in the person of master or over
however, on the higher ground Of right. | can at
this moment call to mind essential attribute of
civil religious liberty, which is denied to them in
this State, except this privilege of bearing evidence
in matters involving the rights of white men. This
conceded, they have everything necessary to the
fullest enjoyment of rights under the law. As to
political liberty power the law, compre-
hended in the right of suffrage the safety and well
fare of the community require, that this shall be
jealousy reserved to the white race, upon whose
salutary control in the future in the past we
must rely for that national and conservative free
DOM which under beneficent Providence is to full
fl the high destiny of the Anglo american States
remain with high respect, your ob't servt
w. 4. GRAHAM.