Year: 1866

color, persons of color shall be competent


Witnesses" The accused in such a criminal
case, and the parties in every such civil
case, may be witnesses, and so may every
other person who is a competent witness,
| etc."


The first paragraph Of this section, admit
| ting persons of color to testify in all cases
where themselves or their race are directly
concerned, and excluding them by implca
| ton in all cases where they are not interest
| ed, cannot be reconciled with sound policy


or just discrimination. They are admitted
! in that class Of cases where their interest,
| sympathy, association and feelings would


be most likely to pervert their consciences
and invite to false swearing, and are eXclu-
! ded from teStifying in all cases where no
motive could exist to swear falsely, except


that of depraved heart. The distinction
is illogical and indefensible, and it cannot
be denied that it has it's foundation in a
prejudice against the caste ofthe negro. If
the rules of evidence in all the Courts were
so modified as to make all persons and par
ties competent witnesses in their own and
all other cases, no possible danger could re-
suit from it. Many Of the States Of the
Union, and several of the civilized countries
OF the old world, have tried the expert
ment, and the result proves that the cause
of truth and Justice has been thereby pro-
noted. The object of every judicial inves-
tigation is to ascertain the truth, and when
found, to dispense justice in conformity
the etc. With intelligent Judges and dis
eliminating ju. les, correct conclusions will
he more certainly attained by hearing every
flct, whatever may be the character or
color of the witness.


In the second paragraph Of the section
already quoted, the General Assembly have
/ reached the same conclusion for in all
cases where persons of color are allowed to
testify, all persons, including parties, are
declared competent witnesses. Would it
not be eminently wise TO adopt the same
rule in all Courts, and ext'nd it to all per-
sons?


In civil cases. the testimony of persons Of
color is oftentimeS requisite to elucidate the
facts and secure a just decision. They con-
sttute majority Of the entire population
of the State, and Of necessity are often sole
witnesses OF tcontracts and transactions be-
tween white persons. Shall the parties in
such cases be denied justice, by excluding
the only evidence to secure it, because Of
an apprehension that it may be in meas
ure unreliable? Would it not be- more in
accordance with an established rule, to re-
ccive the evidence and weigh its value? In
the law Of evidence, the character and
standing Of a witness goes to affect his credi-
blity, and not his competency. Why not,
in the case Of the person Of color, follow
this rule to its logical conclusion?


In criminal cases, these considerations
wei Oh with peculiar force. The negro is
readily deceived and corrupted, and be-
comes an easy prey to the machination of
depraved white men; and past experience
teaches that he is employed to execute the
most dish oneSt purposes, and with impunity
to the principal, because Of his exclusion as
a witness from the Courts Of the commits
sion Of crime, and they go unwhipped of
Justice, because the law forbids that the
testimony of the negro shall be heard.
Does not the exclusion Of persons Of color
m lie them Invaluable accessories to the
perpetration Of crime? How can society
be protected against that large class of in
famous crimes, now so prevalent in this
State, unless by making the negro q COM
petent witness, We avail ourselves Of all ac-
ccsSible evidence to convict the offenders? ?
And will the law Of the State continue to
offer Il reward to the dishonest to further
tempt and corrupt the negro? The we'll
being Of the State materially depends upon
the elevation of this class Of our population,
and if there was no other argument in be-
half of their admisssablity to our Courts,
the tendency of snch measure to elevate
their moral and intellectual character would
be sufficient.


The dishonest may object to the extension
of this right to all cases, because it reduces
the field for his ncfarious operations, but If
the good and virtuous are protected, society
is amply compensated for the change. Men
of probty and integrity have no reason to
apprehend any evil consequences from the
change. The discrimination Of intelligent
Judges and iuries will be L shield against
unjust charges supported by false swearing,
and the same intelligence will bring the
really guilty to condign punishment. The
great increase ofcrime among the freedmen,
and the inadequate punishment inflicted by
existing tribunals, make it a high and lm-
portant duty devolved on you to so modify
existing legislation as will secure a transfer
ofjurisdic,ion to the State Courts. If the
suggestions have made do not meet the
approval of your Judgment, l will cordially
cooperate with You i'll attaining the end in
any way which your superior wisdom may
indicate.


The prevalence of crime among the
whites, as we'll as blacks, in every part of
the State, admonish US that the criminal
code is defective, and that the punshments
imposed by it are inadequate to deter Of