Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-02-15
Freedmen's Code.

We find the following letter, from Ex- x-Governor
Graham, in the Raleigh Standard of the 9Th inst
written in reply to letter addressed to him by
Messrs. Holderby and Burton:
HHLsBoRo', Feb 9th, 1866.
| GENTLEMEN Yours dated the 1st 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 criminal, where
the rights Of colored persons are involved as pro-
posed 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 spirit the full force of the amendment of the
constitution abolishing slavery, I feel bound to
consider everything pertaining to this great change
In the organism of society, with the same de-
gree of candor and impartality, that we apply to
other provisions of the constitution. 81.
Acting upon this principle, were clothed with
the authority now vested In member of the Gen
eral Assembly, l should concur in the modifica-
ton of the law in this particular as proposed by
the commission, and mainly for the reasons as
signed 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
land cases were not infrequent of the enjoyment
OF this right to prosecute and defend suits in
courts of justice, and incident to this, to make
afhdavlts for continuance, as foundation for
rules In the progress of cause and 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; nor is it more fIaught
with mischief as dangerous innovation, than in
the estimation of the old professors of the Com
mon Law, were the modern reforms in the Law of
Evidence In England, among which is the regula-
ton, that parties plaintiff and defendant are per-
mtted to testify in their causes, which is said
to work well The tendency of judicial decisions
ip modern times Independently Of the public opin-
ion embodied in acts of the legislature has been
in favor of the admissibility of witnesses leaving
their credit to be passed upon by the tribunal be-
fore which they depose.
There is great force in the argument, that this
privilege to the extent proposed to be conferred,
in the present condition of the black neces-
sary to their safety, since they have lost the
rity 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. 1 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 involving the rights of white
men. This conceded, they have everything me-
cessary to the fullest enjoyment of their rights
the law, comprehended in the right of suffrage
the safety and 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
freedom, which under benefcent
Providence, is to fulfill the high destiny of the
Anglo-A American States.
remain, with high respect.
Your ob't serv't,
. W. A. GRAHAM.
Messrs. j. Holderby, J. W. Burton, House of
Commons