The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-02-14
Freedmen,s Code.

4fzfs1frl r I660luc4,D COO0s
/ At the request of the gentlemen to whom it
was addressed. we cheerfully give place tosthc
following letter of Gov. Graham, written in re-
ply to letter addressed to him by Messrs. Hol-
derby and Burton s ~ -lli.i
-5a HnLsBoRo,' Feb. 6th 1866
GENTLEMEN Yours dated the 1st inst, 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 pro
posed by the commission fer the revision and
amendment of our code as applicable to the black
race, have to remark that trecognizing in letter
and spirit, the full force of the amendment of the
constitution abolishing slavery, / feel bound to
consider every thing pertaining to this great
change in the organism of our society, with the
same degree of candor and impartiality, thatswe
apply to other provisions of the constitution.
Acting upon this principle, were clothed with
the authority now vested in member of the Gen
eral Assembly, should concur in the moditica
ton of the law in this particular, 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 habeGs cor
pus, trial by jury, ownership of property, even in
slaves, (and cases were not infrequent of the en-
joyment of this right to, prosecute and defend
suits in courts of justice, and as incident to this
to make aifidayits for continuance, or as afoun-
dation for rules in the progress of cause and to
prove by their own oatn, even agaisst 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 frauglit
with mischief as a dangerous Innovation than in
the estimation Of the old professors ofthc Common
Law, were the modern reforms in the Law of Ev-
idence in England, among which is the regu!a-
tion, that parties plaintiff and defendant are per-
mitted to testify in their own causes, which is
said to work well. The tendencyof judicial deci-
sions in modern times independently 0ftic public
opinion embodied in acts of the Legislature, has
been in favor of the admissibility of witnesses,
leaving their credit to be passed upon by the tri-
bunal before which they depose. t
There is great force in the argument, that this
privilege to the extent proposed to be conferred,
is in the present condition of the black race nee
essary to their safety, since they have lost the
security of white witness in the person OF a
master or overseer, or the families of either. |
would grant it however, on the higher ground OF
right / can at this moment call to mind 10 es-
sential attribute of civil or religious liberty,
which is denied to them in this State except
this privilege of bearing evidence in matters in
| volving the rights of white men. This conceded,
they have every thing necessary to the fullest
| joyment of their rights under the law. As to po-
litical liberty or power over the law, eOmpre-
hended in the right of suffrage, the safety and
welfare of the community require, that this shall
| be jealousy reserved to the white, race, upon
| whose salutary control in the future rs in the
past, we must rely, for that national and conserv-
alive freedom which under a benefieent Proyi-
dence is to fulfil the high destiny of the Anglo
| American States. 3. =. ,,E-tl-.,s
/ remain, f.7
With high respect,
Your ob't serv't oes
u s5 W. A. GRAHAM.
Messrs.s Ha IS
| j. HoLDERBY,
| j. w. BURTON,
| Housc Of Commons