The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-02-13

Ex-Governor Graham, of North Carolina, has
addressed the following letter to two members
of the North Carolina House of Commons:-
HILLsBoRo February .-Gentlemen:-Yours
dated the lst instant, was handed me 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 are involved, as
proposed by the commission for the revision
ana amendment of our code as applicable to the
black race, have to remark that, recognizing
in letter and spirit the tull force OF the amend
ment of the Constitution abolishing slavery,
feel bound to consider everything pertaining to
this great change in the organism Of our society
with the same degree of candor and impartiality
that we apply to other provisions of the Con-
stitution.
Acting upon this principle, were / clothed
with the authority now vested in a member of
the General Assembly, should concur in the
modification of the law i'll this particular, as
proposed by the commission, and mainly for the
reasons assigned in their report. Free negroes
have always been regarded as freemen in North
Carolina, and as such, entitled to the privilege
of habeas corpus, trial by jury, ownership of
property, even In slaves (and cases were not in
frequent of the enjoyment Of this right, to pro-
secute and defend suits IN courts of Justice, and
as incident TO this, TO make afiidavits for con.
tinuance, or as foundation for rules in the
progress OF cause, and TO prove by their own
oath, even against white men, accounts to the
amount of sixty dollars for work and labor done
on goods sold and delivered under the book-debt
law.
The change proposed then, is not so violent or
extensive as many suppose; norris it more fraught
with mischief as a dangerous innovation, than
in the estimation of the old professors of the
common law were the modern reforms in the
law of evidence in England, among which is the
regulation that parties. plaintiff aud defendant
are permitted to testify in their own causes
which is said to work we'll. The tendency OF
judicial decisions in modern times, independently
OF the public opinion embodied in acts OF the
Legislature, mas been in favor of the admissibi-
hty OF Witnesses leaving their credit TO be passed
npon by the tribunal before which they depose.
There IS no great force in the argument, that
this privilege to the extent proposed to be con-
terred 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 master or overseer, or the families of either.
would grant It, however, on the higher ground
of right. l can at this moment call to mind no
essential attribute of civil or religious liberty
which is denied to them in this State, except
this privilege of bearing evidence in matters in.
YolVing the rights of white men, This conceded,
they have everything necessary to the fullest
enjoyment of their rights under the law. AS To
political liberty or power over the law as com
pretended in the right of suffrage the safety
and the welfare of the community require that
this shall be jealously reserved to the white race
upon whose salutary control IN the future as IN
the past we must rely for that national and con
servative freedom which, under benehcent
Providence is to fulfil the high destiny of The
Anglo o-American States.
remain, with high respect. your obedien
servant, W, A. GRAHAM,