The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1866-02-14
rREEDMEN'S CODE.

". AZ the request Of the gentlemen to whom
Il was addressed. we cheerfully give place
10 the following letter Of Gov. Graham.
written in reply TO letter addressed to
him by Messrs. HoIderby and Burton;
- Hillsboroush, Feb 9th, 1866. &
GENTLEMEN: Yours dated the LIST inst,
was handed me yesterday.
In reply 10 your request, ior my opinion
on the question pending before the Legs.
lature. whether negroes shall be allowed TO
.est;fy before Courts ofjustice, in all cases,
civil ar criminal, where the rights of color
ed persons are involved. as proposed by
'the commission for the revision and amend.
ment of cur code as applicable to the black
race. i have to remark, that recognizing
in letter and spirit, the full force of the
amendment Of the constitution abolishing
slavery, I feel bound to consider every
thing pertaining 10 this great change in the
organism OF our society, with the same de-
gree Of caador and impartiality, that We
apply to other provisions OF the consti tu-
ton. IT..
Acting apon this principle, were cloth
ed with the anthnrty now vested IN mem
Der of the General Assembly, | should con-
cur in the modification Of the law 10 this
particular, as proposed by the commission.
and mainly for the reasons assigned 10 heir
report. Free negroes have always been
regarded as freemen in North Carolina, and
as such, entitIed to the privilege Of habeas
corpus, trial BY jury, ownership OF proper
Nv. even in slaves, land cases we're not un-
frequent Of tie enjoyment Of this right TO
prosecute and defend suits in courts OF
Justice, and as incident to this, to make
afidayits for a continuance, or as foun-
dation for rules in the progress OF cause.
and 10 prove by heir own oath, even against
white men, accounts to the amount Of SIX
" dollars for work aud labor done. on
goods sold and delivered, under the Book
Debt Law.
The change proposed then is no, SO vin-
lent or extensive as many suppose; nor IS
it more fraught with mischief IS danger
Gus innovation, than in the estimation oil
the old professors of The Common Law,
we're the modern reforms in the Law Of
Evidence in England. among which is the
regulation. that parties plaintiff and de-
fendant, are permitted to testify in their
own causes, which is said 10 work we'll
The tendency OF judicial decisions in mod
ern times independently Of the public opin.
ion embodied in acts of the Legislature,
has been in favor of the admlssbllit, o.
witnesses, leaving their credit TO be pass.
ed upon by the tribunal before which the,
depose.
There is great force in the argument
that this privilege to the extent proposes
to be conferred, is in the present condition
Of the black race necessary 70 their safety
since they have lost the security Of white
witness in the person Of a master or over
seer, or the families OF either. | woulS
grant il, however. on the higher ground o
right. can at this moment call 10 min,
no essential attribute Of civil or religion
liberty, which is denied TO them 10 thi
State. except this privilege Of bearing eyi
dence 10 matters involving the rights o
white men. This conceded, they have ey
cry thing necessary 10 the fullest e1jp,
ment 81 their rights under the law. As I
political liberty OF power over the Law, a
compreheDded 10 the right AZ suffrage, I'll
safety and welfare of the community re
qaire. that this shall be jealousy reserve
70 The white race. upon whose sulutary con
troll in the future ss 10 the past, We ma.
rely, for that national aud conservative
freedom. which under benefcent Prov
dence IS to fulll the high destiny Of II
Anglo-American States.
lremain, with high respect. your OBJ
dent servant,
w. A. GRAHAM.
Mcs.rs T. Holnypar 4 w Brnr0y