The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1866-04-19
RALEIGH, April 5th, 1866, |
8 O'Clock p M

lived until half an hour ago, because
my attendance upon Court until that
our.
If your note of the 4th was not in
,nded to institute comparison as to
lment," and to charge, that unjust
;scrimination against the negro race
ill be the result" because, by the
VS. Of North Carolina, " freedmen had
zen sentenced to be publicly whipped
our Courts" whereas "no U. S.
ourt can intlict the punishment of
hippilg," and that white men charg-
| with larceny and other crimes are
the most part reserved for trial by
ilitary Commission and therefore not
,hipped, then [ misapprehended your
Gaming.
You have not been charged with
,ying that unjust determinations a.
linst the negro race have been made
by the adjudictions Of our Courts. D
nave merely called your attention to
e fact that no such determinations
we been made, and cited you to the
'OOf. Unless such discrimination is
ade, there is no reason why our Courts,
lministered according the rules Of the
bmnon Law, so far as negroes are
ncerned, permitting them to introduce
very Witness, white or black, who
rows anything important for the de-
nee, should be excluded from trying
fences committed by negroes, because
under existing orders certain white
riminals'' are g to be tried by Military
OmmisSion."
As You disclaim intending to com
lain, that any civil Court had made
,just discrimination against the negro
zee in its adiudicatlons," and as it is
our duty to see that Justice is done the
gro race, the inference is, that expert
lce has satisfied you that there has
cen no such discrimination.
deem it right and proper to state,
lat our people, whom believe to be.
merely desirouS of discharging faith
.llv their duties to the United States
government, and whose character for
,nesty and imrnrtiality i'll the jury box
Is almost passed into 4 proverb, tccl
.utcly the degradation to which they
ave been subjected, in being held
mrnablr for criminal offences, to Il tri-
unal, established i'll violation Of the
nlamcntai principles of Magma Char
/, guaranteeing to every freeman 4
'ial by jury, and awarded punishment,
/ many instances, by men totally lIn-
rrScd in the laws, whicl, they have as
.mei to administer In regard to the
uoStion propoun,icd As to the admis-
ion OF negro evidence against whit"
ersons, presume that you are not
ware that a Judge is never expected
. express an opinion III advance, upon
question that may soon be brought
.efoge him for judicial decision. felt,
.owever, justified in saving, that if the
iicf difficulty in the way of yielding
he exclusive jurisdiction in criminal
matters to our Courts, consists i'll the
that any unjust discrimi-
nation against the negro race would be
made i'll regard to the right to testify,
such apprehension ought to be removed
by the recent act to which you refer, in
as-lnuch as by sec. 9th it is declared,
hat whenever matters relating to freed
men shall be fully committed to the
Courts of this State, 6 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 i'll issue
and would be concluded by the judg-
nent or decree of Court, and also i'll
,leas of the State where the violence,
i.aud, or injury alleged shall be charg-
ed to have been done by or to persons
of color. In all other civil and cr1Wi-
nal cases such evidence shall be deemed
inadmissible unless by consent of the
parties to the record"
AS this provision extends to negroes
& all common law rights" " in every pos
sible contingency in which their rights
of person or property shall be put i'll 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 10
nOres that foundation stone of Anglo
Saxon Liberty, to wit: Trial by Jury,
and which our people believe not un-
frequently makes unjust discrimination
against the white race and i'll 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 rs wit
nesses, is to be considered a reason fol-
interference with the administration oi
the laws of North Carolina, all right
minded citizens Will hail with delight
the coming Of that hour, i'll which a
tribunal, thus perpetuated, shall be
numbered with the things that were.
Very Respectfully,
DANIEL G. FOWLE,
J1togc SIP. IT. Of L0so.