New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1866-01-22

THE NEW VIRGINIA CODE.

c0mmlttce OF TIC virginia LcSiciatuiO uos
presented report which processes to aim
at nothing less than the complete abo-
lition of the Slave Code in that State.
OF the legislation which the committee
propose as q substitute, we have seen only
very imperfect synopsis but they are clearly
right in assuming that by the abolition Of
Slavery all laws based upon, or having reference
to, that institution became void, and should
give place to legislation on the basis of freedom.
The Richmond Enquirer publishes the speech OF
John A. Gilmer in the Virginia Senate,
to whose charge the new bills seem
TO have been committed. There Is
good deal in the speech to object to, as might
be expected; good deal that leads one TO
doubt how far the purpose of the Legislature
rests on good will to the negro, and how farS
compulsion from without, yet as a whole il Ii
better than most Southern addresses we have
the fortune to meet with. The Enquirer lends
its sanction to the project, and seems to enter
tain no doubt that the policy Of the Legislature
is resolved upon. 1.-THE Black Code" says that
Journal, sis about to be repealed. The war
has rendered necessary the repeal of laws relat-
ing to Slavery, slaves and free negroes be-
cause there is now no Slavery, no slaves, no free
negroes. but freedmen in Virginia, and former
laws have become dead in letter and extinct in
spirit" 1t adds:
1T is the part ofcommon TO recognize tie po-
tency Of existing fact and to regulate our actions
produce peace and harmony. instead OF strife mi
trouble. We cannot II We would; and we do not be-
lieve that Virginia would II she could revive Slavery
slaves and free negroes Therefore 1t Is more mat
ter of prejudice than principle which opposes those
changes in the laws made necessary by the revoluon
In the relations Of the blacks to the whites No human
Legislature make white man out OF negro but
believe that very good citizen may be made out Of
common sense will recognize that Is better for Viz
gina to confer rights upon her freedmen than for those
rights TO come from the grace and favor OF the Con-
gress."
The latter idea seems TO be ut the bottom OF
Mr.. Gilmers Speech also, since he protests
against the authority of Congress in no measured
terms, and declares at were better that Viz
GINA should not legislatc at all on this subject,
than to do so under the direct and asserted au-
thority Of Congress" Still We would lot p;
quire too curiously into motives, provided Viz
ginia gave us a satisfactory resuli-a code really
as we'll as nominally for the benefit and protcc-
ton of the negro. The best provision of the
code is that part of bill Nc. 81, for the punish
ment of Offerses committed by negroes, which
enacts "that for all offenses committed by COT
ored persons, the punishment shall be the same
as provided by law for white persons who may
commit like ofenscs;" secures trial by jury.
where, in like cases, white persons would be 80
entitled, and Ordains that the proceedings
against them shall be the same us In prosecu-
tons of white persons for like offenses. Tho
provision concerning testimony Is important
and we quote il in full.
Hereafter the evidence Of Indians and co'o!sc per.
sons shall bs heard In sl Legal invesasatons ~. -
equity 20 have such weight and credence as ts jury
court or Justice hearing may alloy 10 u; Dt sncs
evidence shall in s cases 10 eoaS.s o. ro., 49,
tbc risuns that IL 20 weigh H. and not IN the form -
denosition No appellate tribunal shsh supefseee o.
the Judgment order or decree Oi an iniersos
tribunal The g,ousa t eyis. s q eei"rsd Uersoos
vhsre he tribunal seeing and hearing te Witnesses
.inad seYtlfes 10 the record that II did not give
,ancs N such witnesses The evidence OF coored
40 taken may b reduced 10 writing and spresd
on tho record or filed In the canse vhen desired
so,ided that when the parties to the proceedings are
m ,,hte persons the evidence OF no coiored person
hail be received to prove facts Occurring prior 70 the
st January. 1861"
The true rule of testimony is to regard all a.
competent and Let the igry guess Of its credi-