The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-04-25

laws of North Carolina, g freedmen had
been sentenced to be publicly whipped
by our Courts, whereas ono u. S.
Court can infiet the punishment of
whipping . and that white men charg-
ed with larceny and other crimes are
for the most part reserved for trial by
Military Commission = and therefore not
whipped, then misapprehended your
meaning.
You have not been charged with
saying that unjust determinations a
gainst the negro race have been made
by the adjudictions of our Courts. p
| have merely called your attention to
the fact that no such determinations
have been made, and cited you to the
proof. Unless such discrimination is
made, there is no reason why our Courts,
administered according the rules of the
Common Law, SO far as negroes are
concerned, permitting them to Introduce
every witness, white or black, who
knows anything important for the de-
fence, should be excluded from trying
offences committed by negroes, because
"under existing orders certain white
criminals " are "to be tried by Military
Commission.
As you disclaim intending to COM
plain, that any civil Court had made
unjust discrimination against the negro
race in its adjudicatlons,' and as it is
your duty to see that justice is done the
negro race, the inference is, that expert
ence has satisfied you that there has
been no such discrimination.
deem it right and proper to state,
that our people, whom I believe to be
sincerely DESTROYS of discharging faith
fully their duties to the United States
Government, and whose character for
honesty and impartiality in the jury box
has almost passed into a proverb, feel
acutely the degradation to which they
have been subjected, in being held
amenable for criminal offences, to tri-
bunal, established in violation of the
fundamental principles of Magma Char
ia, guaranteeing to every freeman
trial by jury, and awarded punishment,
In many instances, by men totally IN
versed in the laws, which they have as
sumed to administer. In regard to the
question propounded as to the admis-
sion of negro evidence against white
persons, l presume that you are not
aware that Judge is never expected
to express an opinion in advance, upon
a question that may soon be brought
before him for judicial decision. I felt,
however, justified in saying, that if the
chief difficulty in the way of yielding
the exclusive jurisdiction in criminal
matters to our Courts, consists in the
apprehension that any unjust discrimi-
nation against the negro race would be
made iu regard to the right to testify,
such apprehension ought to be removed
by the recent act to which you refer, in
as-much as by sec. 9th it is declared,
that whenevermatters relating to freed
men shall be fully committed to the
Courts of this State, "That persons of
color, not otherwise incompetent, shall
be capable of bearing evidence in all
controversies at law and in equity,
where the rights of persons or property
of persons of color shall be put in issue
and would be concluded by the judg-
ment or decree of Court, and also In
pleas of the State where the violence,
fraud, or injury alleged shall be charg-
ed to have been done by or to persons
of color. In all other civil and cr1mi-
nal cases such evidence shall be deemed
inadmissible unless by consent of the
parties to the record"
As this provision extends to negroes
call common law rights % in every pos
sible contingency in which their rights
of person OF property shall be put in is
sue, trust that your influence will be
exerted for the purpose of putting an
end to that unusual and irritating tribu-
nal, which has been established for the
trial of freedmen, and which entirely ig-
nores that foundation stone of Anglo
Saxon Liberty, to wit: Trial by Jury,
and which our people believe not I'M
frequently makes unjust discrimination
against the white race and in favor of
the negro.
If not permitting negroes to testify
in cases affecting white persons alone,
where the parties interested refuse to
consent to their being admitted as wit
nesses, is to be considered reason for
interference with the administration of
the laws of North-C Carolina, all right
minded citizens will hail with delight
the coming of that hour, in which a
tribunal, thus perpetuated, shall be
numbered with the things that were.
Very Respectfully,
DANIEL G. FOWLE,