[Ses. 1865- 66. 
 
 Document No. 9.] 
 
 Ordered to be Printed . 
 
 9 
 
 ¥m. E. Pell, Printer to the State. 
 
 \ 
 
 . I V 
 
 .>; v\ V ^ *•> • 
 
 REPOM OF .COMMITTEE, 
 
 .v- %\ . % . \ \ 
 
 v 
 
 Raleigh, January 22nd , 1866. 
 
 To the Speaker of the House of Commons 
 
 of the General Assembly of North-Carolina: 
 
 Sir :—The Committee appointed by the provisional 
 Governor in pursuance of a resolution of the recent Con¬ 
 vention “to prepare and report to the Legislature a system* 
 of Jaws upon the subject of freed men, &c,;” herewith pre¬ 
 sent their report, and request that through you, it may be 
 laid before the General Assembly. 
 
 Respectfully, 
 
 B. F. MOORE, ) 
 
 W. 8. MASON, V Committee. 
 
 R. S. DONNELL .} 
 
 To the Honorable , the General Assembly 
 
 of the State of North- Carolina r 
 
 / 
 
 The undersigned, a Committee appointed by the late" 
 provisional Governor, in pursuance ot a resolution passed 
 the recent session of the Convention directing that a 
 
2 
 
 Documemt Iso. 9. 
 
 [Sessioa 
 
 committee of three persons be appointed u to prepare and 
 report to the Legislature at its next session, a system of 
 laws upon the subject of freedmen, and to designate such 
 laws, and parts of laws, now in force, as should be repealed 
 in order to conform the statutes of the State to 1 lie ordinance 
 of the Convention abolishing the institution of slavery," 
 have considered the matters intrusted to them; and here¬ 
 with submit, as their report, u A bill concerning ILegroes, 
 Indians and persons of color, or of mixed blood and also 
 several other bids differing, somewhat in 'character, from 
 that one. , y 
 
 The Committee, in presenting theif Report, deem' it 
 proper that they should explain the course they have pur¬ 
 sued ; and to some extent, the reasons by which they have 
 been governe 
 
 Prior to the emancipation of slaves there had existed, in 
 Ihe State, three classes of population, besides Indians, 
 to-wit: the whites, the slaves, arid the free negroes; and 
 for many purposes, there existed g special legislation for 
 each class. Upon the emancipation of the slaves, the laws 
 specially respecting them, ceased to have any force; and 
 that class fell under the laws respecting free negroes: the 
 political and civil condition of all the colored population 
 became that which had already been established for the 
 free negro. It became the duty, therefore, of the Commit¬ 
 tee to look through tfte entire body of the laws of the State, 
 for the purpose of ascertaining what part of them governed 
 the free negro, as distinguished from the white man. In 
 performing this duty 3 our Committee have deemed it the 
 more advisable course, (as this species of special legisla¬ 
 tion was scattered throughout the civil and criminal laws,) 
 to advise the repeal of all laws that specially affected the 
 colored race, and re-enact such as, in the;r opinion, ought 
 to exist; and also to recommend other and original legis¬ 
 lation, when it was deemed expedient. Believing that a 
 
Document Ro. ‘3. 
 
 
 186-5-66.] 
 
 brief synopsis of the several sections of the first named bill, 
 and also, of the other bills, would not be unacceptable, they 
 proceed to furnish it: 
 
 The first section of the bill “ concerning negroes,” &c., de¬ 
 fines who sliaM be deemed a negro or colored person, or per¬ 
 son of mixed blood, within the generations designated. 
 
 The second declares that in all statutes and judicial pro¬ 
 ceedings, such a person shall be properly described by the 
 term “ person of color.” 
 
 The third declares persons of color to be citizens of the 
 State. 
 
 Ihe fourth confers on them all the privileges of white 
 persons in conducting their suits, and in the mode of trial 
 by jury. 
 
 The fifth places the colored apprentice on the same foot¬ 
 ing with a white one ; and leaves the law declaring in what 
 cases they should be bound, as it now exists in the Revised 
 Code. 
 
 By the sixth , certain marriages, deemed to be not void, 
 but voidable, though celebrated in due form, between slaves 
 or between slaves and free negroes, are declared valid. 
 
 By the seventh , certain past marriages between them, ex¬ 
 isting at certain fixed periods, by mere consent and without 
 due celebration, are validated ; and provision made for 
 perpetuating the evidence thereof by being recorded. 
 
 By the eighth , inducements are held out to such as 'are 
 thus married under section 7, to have their marriages re- 
 corded. 
 
 It has been held, that under our laws, the marriages of 
 
 7 O 
 
 slaves by their own mere consent, and simply consented to 
 by their masters, are void; and, as the Legisla ure is for¬ 
 bidden to legitimate persons born in bastardy, the provision 
 for such legitimation, which was contained in an ordinance 
 offered before, hut rejected by the Convention, (because of 
 ■the adoption of the resolution under which the Committee 
 
4 
 
 Document No. 9. 
 
 [Session:' 
 
 are now reporting) must be again submitted to that body 9 
 or the freedmen now living will all be bastards, and inca- 
 pable of inheriting from their fathers any estate which he 
 may chance to die possessed of. 
 
 It is believed that a marriage merely voidable may be 
 validated 1 y the General Assembly ; and that when thus 
 confirmed, all the incidents of ratification follow: one of 
 which is the legitimation of the issue previously born; 
 But, it is more than doubted whether such result follows 
 the enactment of a marriage under section T. 
 
 By the ninth section , contracts between persons of. color, 
 and between them and whites, for live stock, aTe required 
 to be in writing. The numerous tlief.s of such species of 
 property, in which the whites and blacks associate to¬ 
 gether, require this provision ; as thereby the thief will be 
 the more certainly detected. The section also embraces 
 other contracts of a certain vaGe. And, one of its main 
 objects is to protect the colored person from imposition by 
 cunning, and the white man from the effects of corrupt 
 evidence. 
 
 The tenth section makes void all marriages between whites 
 and persons of color. 
 
 Section eleven allows persons of color to bear witness 
 where their rights of person or property are concerned. In 
 respect of this action the Committee will comment more 
 at large hereafter. 
 
 Sections twelve and thirteen require no comment. 
 
 By section fourteen the criminal code affecting white per¬ 
 sons, is extended to colored persons, in all things, unless 
 otherwise expressly declared in the bill reported. The 
 only exception in the bill, or in any law, which will exist 
 after repealing such as are recommended to be repealed, 
 will be found in section 13 of the bill reported, which pun¬ 
 ishes with death a person of color who may assault a whit On 
 female with, intent to ravish her,. 
 
1865-’66.] 
 
 Document Ho. 9. 
 
 5 
 
 The Committee observe that in some of the late share¬ 
 holding States, much legislation is employed to confer on 
 persons of color the civil rights which belong to white men. 
 In this State very little is necessary ; indeed, none beyond 
 a repeal of the laws, which, from time to time, have been 
 introduced, making distinctions between whites and col¬ 
 ored persons. And, it may be observed, that some of the 
 provisions of this bill which seem to confer rights and 
 privileges, were strictly unnecessary; because persons of 
 color were entitled to them without any new enactment. 
 But it was deemed better, at this time, to solemnly declare 
 them in a hi 11*drawn to define their civil status. 
 
 Many year^&ioce it was solemnly decided by the highest 
 Court ot the ^tate, and indeed, it has been so regarded, 
 that the terin^^'eemen,” (than which rone used in the 
 declaration of^^hts and the Constitution of the State, to 
 describe a citizen, is of higher dignity,) included in its 
 fullest extentjj*free negro, whether free in 1776, when the 
 Constitution wa^ftamed, or become so since by emancipa¬ 
 tion. He was, at the beginning of the late unhappy con¬ 
 flict of arms, and is now, included in the term freeman,” 
 •as used in that instrument. 
 
 This class of our population have never been debarred 
 from owning any species of property, except by one enact¬ 
 ment, that of 1861, which forbade them thereafter to own 
 slaves. They have ever been protected from trial for crime, 
 except through presentment by a grand jury, and trial by 
 a petit jury, with all the rights of challenge accorded to 
 white persons. They have ever been allowed trial in the 
 same tribunals where, for like offences, the white man was 
 prosecuted. The same common law which yet prevails so 
 extensively in this State, and regulates, almost entirely, 
 the duties of husband and wife, of parent and child, o r 
 guardian and ward, of master and servant, and of master 
 and apprentice, exists alike for both classes. The same 
 
[Session 
 
 $ Document, No. 9.. 
 
 power of making contracts, and the same remedies for en¬ 
 forcing them in courts open alike to both, are equally the 
 rights of the one race end the other, without distinction. 
 
 In a word, the common law is the law of the State in all 
 matters where it has not been superseded by statute ; where 
 it exists, colored and white persons are equally protected 
 under its shield, and exposed toils punishments; andpvhere 
 it is changed by statute, the change operates cm all. 
 
 By sections 1’5 and 16, wardens of the poor, for persons 
 of color, may he appointed. This is left to the discretion 
 of the appointing court, only because, in** some countie* 
 of the State, persons of color are too few. m number to re¬ 
 quire an additional Court of Wardens. 
 
 The remainder of the sections of thq bill are appropria¬ 
 ted to the repeal of “ such laws and paj^khof laws now in 
 force, as, in the opinion of the Committed should be re¬ 
 pealed in order to conform the statutes of the State to the 
 ordinances of the Convention abolishingThe institution of 
 slavery,” and the new condition of thftms arising out of 
 the same. 
 
 Secondly, The Committee have deemed it their duty, in 
 view of the very great changes which, have so suddenly 
 taken place, to recommend the passage of certain laws 
 equally applicable to both populations. It is conceded 
 that the industry of the negro race has become greatly re¬ 
 laxed and demoralized, the natural consequence of which, 
 is an unsettled and roving disposition, a. desire to avoid 
 steady work, and a disposition to pick up a precarious ex¬ 
 istence by pretended hunting of wild game, though im 
 most localities, it is too scarce to be worth the pursuit,. 
 
 It is also vain for us to attempt to disguise the fact that 
 the industry of the white man too, is greatly unnerved and 
 demoralized, and like evil consequences are ready to follow* 
 Indeed, they already exist. We conceive it to be among 
 the first.of legislative duties to check this demoralization,- 
 
1865-’66.] 
 
 Document, No. 9. 
 
 T 
 
 and direct the energies of the entire population in appro” 
 priate channels of honest labor. 
 
 Among the most efficient means of accomplishing this 
 object, they deem the protection of every man’s property 
 against unauthorized intrusions, trespasses and thefts' of 
 the idle and vicious. 
 
 In our present demoralized condition there is no suedes 
 of live stock which escapes the roving robler • and every 
 man is plundered, when the market is convenient, of what¬ 
 ever may be found on his lands, growing or severed, that 
 is valuable for sale. 
 
 Willui trespasses on lands have long be eft & grievance 
 greatly complained ot. The common law did not allow 
 criminal prosecutions for this species of wrong ; blit the 
 General Assembly have, from time to time, in many in * 
 stances, departed from this rule in order to afford protec¬ 
 tion against the lawless idler and insolvent trespasser. In 
 proportion as circumstances may increase the frequency of 
 such wrongs, it will become the legislative power to fol¬ 
 low them with appropriate remedies. 
 
 The Committee, therefore, report and recommend the 
 passage of the following bills; 
 
 1. “ A bill to punish persons pursuing horses and other 
 livestock with intent to steal them.” 
 
 2. “A bill to prevent wilful trespasses on Iand&pnd steal¬ 
 ing any kind of properly therefrom.’’ 
 
 3. A bill to punish vagrancy/’ 
 
 In regard to this bill, the Committee have deemed it ad¬ 
 visable to recommend the repeal of the two provisions 
 upon the same subject, and the passage of this bill in lieu 
 of both said provisions. 
 
 These provisions are to be found in the Devised Code, 
 chap. 31, sec. 48; chap. 107, sec. 60; the former was in¬ 
 tended for white vagrants, and the latter for free negro 
 vagrants. 
 
$ 
 
 Document, No. 9. 
 
 [Session 
 
 The bill herewith reported, embraces both populations: 
 
 4. “ A bill to punish seditious language, insurrections 
 and rebellions in the State.” 
 
 In regard to this bill, the substance of it has long existed 
 in the State, under several provisions to he found in the 
 Revised Code and elsewhere. The bill now ottered is in¬ 
 tended as a substitute for all provisions upon the same 
 -subject. 
 
 5. “ A bill to secure to agricultural laborers their pay 
 in kind.” 
 
 The object of ibis bill is to encourage the field laborer, 
 by securing to him the fruits of his toil. Every legitimate 
 means should be employed to stimulate industry, and the 
 enjoyment of its fruits has ever been found the strongest 
 ..incentive to produce the desired effect. 
 
 .6. “A bill to prevent enticing servants from fulfilling 
 fheir contracts, or harboring them.” 
 
 This bill is a just companion with the preceding one. 
 Whi e it is the duty of the law-giver to secure to the la¬ 
 borer the promised rewards of his labor and toil, it is 
 equally just to require him to comply with his deliberate 
 and lawful contracts ; especially when his employer surren¬ 
 ders to him, in the outset, the use of valuable lands which 
 may prove to be worthless to the owner, if the laborer be 
 not held to his contract. The inculcation of a strict ob¬ 
 servance of contracts is equally the parent and offspring 
 of virtuous industry. And that man is no less a vicious 
 member of society, who persuades and encourages another 
 to be faithless to his word, than he who wilfully violates 
 it. Both should suffer the sharp reproof of the law. 
 
 7. “ A bill more effectually to secure the maintenance 
 ©f bastard children, and the payment ef fines and costs on 
 conviction in criminal cases.” 
 
 The purpose of this bill is to relieve ihe County Treas*' 
 
1865- 66.] 
 
 Document, No. 9. 
 
 9 
 
 mries; first , from the burden of supporting bastard chil¬ 
 dren, which are likely to gieatly increase in number, ; n the 
 midft of a demoralized population. 
 
 It is naturally jost that the father should support his 
 offspring, whether born in or out of wedlock. No one, if 
 able to work, ought to be allowed to cast his spurious 
 progeny on the chaiity off the industrious poor, whose toil 
 is stretched to its utmost extent in supporting the public 
 charges and their own virtuous families. 
 
 Secondly , From the burden of maintaining, at heavy 
 expense, the judicial tribunals of the land established for 
 the preservation of the public peace against the turbu¬ 
 lence and violence of those who, having been the principal • 
 instrument of its breaches, seek, when brought to justice, 
 to evade by an idle life, the payment of the costs of sup¬ 
 pressing their own disorders. 
 
 As yet, no steps have been taken by that authority, 
 which claims exclusive jurisdiction, both civilly and crim¬ 
 inally, over all matters that concern the freed men, to en¬ 
 courage or enforce the marriage of such as, while slaves, 
 were long living together willingly, as man and wife. By 
 the laws of this State the husbands and wives, popularly 
 eo called, of a population of 300,000 human beings, are 
 lewdly and laciviouely cohabiting together, without any 
 other link of connection than their own tree will. They 
 may part when they choose, and select new partners for a 
 day or a month. Among the whites such cases are indict¬ 
 able. If, after the courts shall assume their criminal ju¬ 
 risdiction, the colored people shall still be allowel to con¬ 
 tinue in the practice of such unlawful connections, with¬ 
 out reproof or punishment, they will be in a more demor¬ 
 alized condition, in respect to that relation, which among 
 all civilized human beings, is deemed so sacred, than were 
 free persons of color, or even slaves, before the late epoch 
 •of emancipation. The former were not allowed to co.hah* 
 
10 
 
 Dooument, No . 9, 
 
 [Sessions 
 
 it without marriage, duly celebiated ; and the latter w r ere 
 much restrained from such licentious co-habitation, by the 
 care and prudence of their masters. 
 
 If the Freedmen’s Bureau will neither turn over to the 
 civil authorities for correction, this species of crime, nor 
 take efficient means, itself, for its correction, it will be 
 impossible to elevate the lace by any legislative meansyet 
 practiced or devised. No race of mankind can be expect- 
 ed to become exalted in the scale of humanity, whose 
 sexes, without any binding obligation, cohabit promicious- 
 ]y together. Among such a people, chastity can have no 
 name or place;, and: the peiformance of parental duties, 
 no encouragement or sanction. 
 
 It is much hoped that the Freedmen’s Bureau will take 
 the subject into serious consideration. 
 
 8 . and lastly, “ A bill to establish work-houses or houses 
 of correction in the several counties of the State.” 
 
 In the opinion of the Committee, this institution has been 
 long since demanded, and now more than at any time here¬ 
 tofore. Though its cost, in the present embarrassed pecu¬ 
 niary condition of the country, may be somewhat burden¬ 
 some, there is little doubt that, if managed with economy 
 and care, it will soon prove a great relief to the honest 
 industry of the country. The dread of involuntary labor 
 is much more effectual to suppress misdemeanors and idle¬ 
 ness than a few days of imprisonment, with a discharge of 
 fines and costs under the insolvent debtor’s law. 
 
 Without such a house the present jails will be unequal 
 to contain those who will be committed to prison. Their 
 proper enlargement for the reception of both species of 
 population, and the different sexes of each population, will 
 cost, at once, as much as a work house and farm on a small 
 scale, which may be enlarged as occasion may require. 
 
 The Committee have left it discretionary with the Jus¬ 
 tices of the Peace, whether they will establish such & 
 
 / 
 
2865-’66.] 
 
 Document No. 9. 
 
 m 
 
 house; because, in some counties it may be little needed, 
 and iu others very greatly ; and because, also, some coun¬ 
 ties are more able to establish them at once, than others 
 are. If even one county shall establish such an institu¬ 
 tion, self defence will soon render it necessary for all tho- 
 adjacent counties to follow the example ; and a few years 
 on y, will be requisite to extend the institution over the 
 State. 
 
 If this, or some similar policy should not be inaugura¬ 
 ted, it is not difficult to foresee that this State may become,, 
 in the process of time, the land of immigration from all 
 parts of the Union, ot the demoralized freedman and the 
 dissolute white man. 
 
 The Committee are aware that the great and radical 
 changes occasioned by emancipation, in the fixed habits* 
 and custom of the people,, cannot be truly estimated at 
 once ; and therefore, they forbear, as much as possible, to 
 speculate by legislative'anticipation, for such changes as 
 may even probably become necessary in the course of time. 
 They deem it the more prudent course to proceed now by 
 new laws, only so far as the way appears to be clear. They 
 prefer to let the common law apply itsilexible rules for hu¬ 
 man conduct to the new state of things, rather than frame- 
 lor it rigid, and perhaps misconceived legislation. 
 
 The General Assemby will perceive that we have omit¬ 
 ted all such punishments as the involuntary hiring out of 
 persons of color, and also, of whipping them, except m 
 eases where white persons are thus punished. 
 
 Public whipping is a species of punishment which ought* 
 rarely to be inflicted on any one whom it is the purpose 
 of the law to reclaim from crime. The culprit thus pun¬ 
 ished becomes utterly degraded in public esteem ; and it 
 would he wonderful if he did not become so in his own.. 
 K freeman thus degraded, loses all incentive to virtue; and* 
 
12 Document No. 9. [Session 
 
 so far a 3 his example can extend as a parent or othe wise, 
 lie inculcates all his vices in those around him. 
 
 It may he said, and with perfect truth, that there are 
 comparatively few of the slaves lately freed, who are lion- 
 e£t; but this vice now so prevalent among them, may be 
 traced to other and more probable causes than any natural 
 depravity peculiar to the negro race, which, by some phys¬ 
 iologists, are declared to be naturally destitute of moral 
 principles, in a gi eater degree than any other people yet 
 knowm. The Committee have not regulated their code by 
 this doctrine. And if it v r ere true, there is but the greater 
 necessity for correcting the natural obliguity by proper 
 civil institutions wisely administered. That the race is 
 not beyond the reach of a proper moral training, is evident 
 from the many examples among them of sobriety, indus¬ 
 try and honesty. If it owed its depravity to the vicious 
 nature peculiar to the race, w r e ought to be able, by this 
 time, to trace some steps of improvement in the mixture 
 of its blood with that of other races of .men. 
 
 The Committee have not discovered, nor has it been 
 maintained, that the mixed blooded slave has been eleva¬ 
 ted in the moral virtues of the white race, as he advanced 
 toward it in color. It may not be amiss to remark that 
 the punishment by hiring, is rather of modern date. The 
 first enactment to this effect was in 1831, and its constitu¬ 
 tionality was seriously questioned by eminent lawyers, 
 though settled by an able court. 
 
 Your honorable body will perceive also, that we recom¬ 
 mend, that the'Courts should be fully opened to the negro 
 race, for protecting their persons and property, and all the 
 irights of freemen, by being heard as witnesses, whenever 
 these rights are in controversy. 
 
 The enactment recommended, allows their evidence in 
 civil cases only where the rights of person, or property of 
 ^persons of color would be precluded by the judgments or 
 
186S—’ 66.] 
 
 Document No. 9. 
 
 a 
 
 decrees made in those cases. And in criminal cases, only 
 where the violence, fraud, or injury charged to have been 
 done by, or on them, is put directly in issue. 
 
 If the testimony is to be admitted at all, it ought to be 
 extended to such ca^es. The effect of thus limiting; it will 
 not deny them any advantages, but on the contrary, will 
 fecure to them the most perfect protection that human 
 evidence can afford. Beyond the accomplishment of this 
 object we have not felt ourselves authorized to go. The 
 result of allowing it to this extent will be, that when col¬ 
 ored persons are parties, they may call to the witness stand 
 the whole population of the land, not rendered incompe¬ 
 tent by want of understanding, interest, or religious unbe¬ 
 lief ; while in cases where white persons alone are parties* 
 white persons only will be competent witnesses. 
 
 The Committee will proceed to give some of the reasons 
 which have induced them to recommend the reception of 
 the evidence of negroes, as provided in section II. 
 
 First. The 'present helpless and unprotected, condition of the 
 race demands it. Their condition of personal security is 
 greatly changed. Prior to emancipation they were grouped 
 en farms which they seldom left, and were overlooked by 
 their masters or overseers, surrounded by families of white 
 children. 
 
 They were not only watched by the whites to preserve 
 the discipline necessary for servitude, and to prevent spoli¬ 
 ations, but were cared for and protected as property. It 
 was the slaveholder’s interest to prevent, and, when com¬ 
 mitted, to punish any injuries done to the persons of their 
 slaves. The inlerest of one slaveholder was the interest of 
 all; so that their security was guaranteed by the common 
 interest of the wealthiest and most powerful men in the 
 country, and of course, of all their kindred and adherents, 
 among whom, generally, were their poorer white neighbors.. 
 Thus the person of the slave (without reckoning the feelings 
 
14 
 
 Dogument No. 9, 
 
 [Session 
 
 of humanity which have generally characterized the slave¬ 
 holders of this State) became the subject of general protec¬ 
 tion by every class of white men ; and any outrage on his 
 person a general, cause for common vindication. With this 
 shield of security, the white aggressor was checked in his 
 violence ; and if not, his detection was almost sure. These 
 sources of personal security are all removed by emancipa¬ 
 tion, and, without the capacity to bear evidence, he stands 
 in numerous cases utterly defenceless, except by opposing 
 force to force against every species of outrage offered to 
 himself or to his family; whether in his presence alone, or 
 under the eye of other colored persons. If he should sub¬ 
 mit to the violence, and suffer the most grievous wrongs, 
 there is no one who can be heard in his behalf; and he could 
 •expect, from his submission, nothing less than a repetition 
 of his unredressed wrongs. 
 
 If he should oppose force to force, in the iustest cause, 
 whatever might be the result, his mouth and the mouths of 
 all colored witnesses would be closed. 
 
 It is a truth not less obvious than established by all ex¬ 
 perience, that breaches of the peace always decrease in pro¬ 
 portion to the facility and impartiality with which the vio¬ 
 lator is brought to justice. Citizens will not readily avenge 
 themselves when the sword of the law is at hand to do it 
 for them. But when the law is powerless, from whatever 
 cause, the hand of private violence will be sure to come to 
 the aid of self-defence. It is, therefore, clear that by pro¬ 
 tecting the person of the negro, we shall most certainly 
 protect the person of the white man. If the former may be 
 outraged in his own domicil, or in secret places, or along 
 the highway in open day, with impunity, because he may 
 be incompetent to testify to the wrong, he will turn from the 
 door ol the courthouse and seek his redress elsewhere, and 
 in a way too that will likewise shut the mouth of him who 
 may witness the act. Let no one suppose such a result im« 
 
3 8 6o—’ 66.] 
 
 Document No. 9. 
 
 15 
 
 probable, if the great and just law giver of the Jews has 
 himself set the example to an enslaved people. 
 
 Secondly. The admission of such evidence is necessary to 
 secure the colored people in their rights of property. 
 
 While in slavery they had no property. What was set 
 apart for their use belonged to their master, and was under 
 his protection. In their new state they enter on the broad 
 ground of citizenship, and become actors in all the depart¬ 
 ments of social life. They are allowed to trade with the 
 white man in every article of property ; to possess and cul¬ 
 tivate lands, and, by all wise means, should be encouraged 
 to habits of industry and a desire for honest accpiisition. 
 
 The protection of a man’s honest gains should ever be, 
 after the protection of his person, the next great policy of a 
 wise commonwealth. If the property which a negro shall 
 own, his cattle, his money, may all be carried off, yea, his 
 very house robbed of its furniture, and his person of his 
 valuables by abandoned white men, and he shall be unable 
 to bring the robbers to justice because the witnesses are 
 colored, can the race feel any ardent disposition to labor for 
 themselves? On the contrary, will they not feel doubly 
 tempted by such want oi security for their own property, to 
 become depredators themselves especially, when they re¬ 
 flect that it is the white man’s policy, which thus exposes 
 them to licentious white men ? 
 
 But, besides such glaring cases of public wrongs which 
 would go unredressed bv excluding their evidence, there 
 are many of a more private n ature, which depraved white 
 men would perpetrate on them or procure to be done by 
 their negro associates, as their instruments. Already the 
 wicked white man and corrupt dependent negro have banded 
 together in lawless thefts and frauds on industrious and 
 peaceful citizens, both white and black ; and the white as¬ 
 sociate, if negro evidence shall be excluded, will stand 
 secure in his villainy behind his colored friend. 
 
16 
 
 Document, No. 7. 
 
 ("Session 
 
 The calamity to public virrue and private rights woibd 
 he incalculable, if those who were injured couhl not testify 
 against the perpetrator of the crime. How shocked would 
 every citizen of North-Carolina feel, ifthe Legislature should 
 enact that no person assaulted and beaten, no one whose 
 property was stolen, no one robbed, and no one ravished, 
 should bear evidence of the crime? The exclusion of negro 
 evidence places that race in just such a condition. 
 
 The committee are of opinion that the protection of person 
 and property imperiously demands that the evidence of 
 colored persons be admitted for that purpose, unless it should 
 be excluded upon some ground ^f public policy still higher 
 than such as favors its introduction. We have heard of but 
 one that is plausible, and that is the general falsity of such 
 evidence. N o one pretends that it is universally false. It is 
 urged, however, that, for the greater part, the evidence is 
 not reliable, and, if universally believed, would produce far' 
 more wrong than right. 
 
 - We are fully aware of a lamentable prevalence ol this vice 
 among the race. It is a natural ofispring of their recent 
 slavery and degradation. 
 
 Forced to an involuntary servitude, and required to do 
 many things against their will, without any apparent profit 
 to themselves, it was natural for them to disobey, if they 
 found temporary ease in disobedience; and, to avoid cor¬ 
 rection, it was equally natural for them to endeavor to escape' 
 it, by falsehood. The vice of lying is, and ever has been, 
 common to all people in slavery. Universal and unvary¬ 
 ing truth is the highest and purest of all virtues; and if the 
 most veracious persons only were competent witnesses, there 
 would be many cases of the highest interest to the public 
 without a single witness. Such a rule, however, has never 
 marked tliepolicy of justice in its investigation of facts. 
 
 It has been said that in a by-gone age, the rules of evi¬ 
 dence with us were framed rather to exclude falsehood than; 
 
Docuh&.mt yo % 
 
 ms 
 
 to admit truth ; but even when these rules were administer¬ 
 ed in this spirit, all persons above seven years old, of suffi¬ 
 cient understanding, not religiously insensible to the obli¬ 
 gations of an oath, nor parties directly interested in the 
 cause, were competent witnesses, unless they had been ren¬ 
 dered infamous by conviction of some infamous crime, and 
 judgment rendered thereon. These were English rules of 
 the common law ; and, so long as they prevailed, there was 
 no nation on the earth whose inhabitants were excluded us 
 witnesses from English courts, it mattered not what was 
 their color, clime or religion. It is probable that at a very 
 early period, after the introduction of African slavery in 
 this State, the slave was forbidden to testify against a white 
 person, and, it is probable also that the exclusion was soon 
 extended [to free persons of color. Slaves were not al¬ 
 lowed to bear testimony against free persons of color until 
 1821. 
 
 The policy of excluding such testimony was founded on 
 two considerations. First, The entire and absolute depen¬ 
 dence of a slave on his master, and their social relation 
 which rendered him unfit to bear witness for or against his 
 master; or for or against any person to whom his master 
 extended his favor or dislike. Besides this, the settled 
 policy was to humble the slave and extinguish in him the 
 pride of independence. This latter policy was extended in 
 1821, to the free negro, who, it was alleged, was greatly cor¬ 
 rupting the slave by claiming superior privileges over him. 
 
 Emancipation having destroyed the distinction, all legis¬ 
 lation concerning the colored race, must he the same. 
 
 The rules regulating the admissibility of the evidence of 
 white persons, with a few exceptions, remain with us as they 
 were a century since. But ail at once the slave has disap¬ 
 peared, and upwards of 300,000 free persons of color are 
 added to the population ; these, with those before existing, 
 constitute one-third of our entire people. Shall they he ad- 
 
Document No. 9. 
 
 | Session: 
 
 IS 
 
 mitted to the witness stand? If it ever was, it is certainly 
 * not now, our policy to degrade them. On the contrary, our 
 true policy is to elevate them in every way consistent with 
 the safety and good government of tlie community. They 
 must be educated out of their ignorance, and reformed out 
 of their vicious habits. 
 
 If the admission of their evidence will not seriously err 
 danger the administration of our laws, our manifest policy 
 is to allow it, for nothing., In our opinion, tends more to 
 inculcate a regard for truth than the almost unavoidable 
 detection of falsehood, which occurs injudicial investigations 
 before a jury, where the parties and witnesses are known, 
 ami their maimer and conduct are scrutinized in the ordeal 
 
 of trial. 
 
 If it he true that either the negro race, or the negro in 
 our midst, civilized as lie is beyond his native condition, be 
 so mendacious that he cannot be safely heard in our court 
 of justice, it seems to us that it is one of your highest du¬ 
 ties to exclude them as witnesses in all cases whatsoever, 
 as well those in which they are the sole parties, as those 
 wherein one of the parties is a white man; and, above all 
 things, not to allow persons of color to be convicted of cap¬ 
 ital felonies and deprived of life, on such unreliable evidence. 
 If, to this suggestion, it may be truly replied, that he can 
 be trusted whea his own color is on trial, then it follows 
 that lie yet loves truth better than falsehood, unless he is 
 seduced by his prejudices against the white man. Now, if 
 this be so, this general characteristic of tlie race will soon 
 develops itself, and thenceforth receive its just estimate at 
 the hands of a white judge and a white jury. It is just to 
 truth, however, for m to admit that neither during the won¬ 
 derful and enduring conflict of arms, popularly announced, 
 in their very midst, to be in behalf of their freedom, they 
 did not exhibit, nor since its termination*, have they ex- 
 
1S05-’6'G. : 
 
 Document, No. b. 
 
 lb 
 
 hibited any decided marks of prejudice against their late 
 masters. 
 
 It must be conceded by the opponents of such evidence, 
 that if strong prejudices be sufficient to exclude the 
 testimony ot witnesses, all experience teaches that public 
 prosecutors, near kindred, and personal enemies ought 
 to be set aside as incompetent; and, if general corruption 
 be also sufficient cause for exclusion, the man, whose char¬ 
 acter for truth on oath, is proved by all Ills acquaintances 
 to be bad, ought no more to be beard in the ascertainment 
 of facts, than a negro. Yet in all these cases the witness is 
 heard, subject to so many “ grains of allowance” on ac¬ 
 count of his established and admitted infirmity as a jury 
 may judge to be the proper measure. It is settled 
 by our highest judicial tribunal, that the testimony of a 
 witness who commits a perjury, apparent to the jury in the 
 very case in which he is examined, must, nevertheless be 
 weighed by the jury for what it is worth. 
 
 By the laws of all civilized Europe, regulating the com¬ 
 petency of witnesses, none are excluded by reason of char¬ 
 acter, race, color, or religion. We, ourselves, admit the 
 semibarbarian of every continent and island : of every na¬ 
 tion and tongue; of every religion, Christian, heathan and 
 pagan ; and of every color, and race, unless lie may fall un¬ 
 der the ethnological varieties of the human species, denomi¬ 
 nated Negroes and 7 notions. 
 
 We are not prepared to admit, nor indeed do we believe 
 that the colored man in North-Carolina is entitled to less 
 credit on his Christian oath, than the colored Musselman, 
 or heathen of Asia < r Egypt, or of other parts of Africa, is 
 when sworn on Ids Koran or other symbols of religious rev¬ 
 erence. And when we consider the many thousands in the 
 State, who are in full fellowship as Christians, though we 
 are quite sensible of the general demoralizrtion which per" 
 
Document No. S». 
 
 ['Sessioa 
 
 / 
 
 2d 
 
 vades them as a class, we feel little dread for the conse¬ 
 quences which may attend the admissibility of their evidence 
 as reported. 
 
 In offering our reasons for allowing the evidence, we have 
 conceded the general demoralization of the colored popula¬ 
 tion : but we should do great injustice to many of them, 
 if we should close this report, without excepting from the 
 stigma hundreds, who, throughout their lives, have con¬ 
 ducted themselves in a manner altogether becoming the 
 best of citizens, and deserving the very highest praise. 
 These are lights, indeed, to all others ; and the considera¬ 
 tion of respect in which they are held, ought to stimulate 
 and encourage others of their race to practice the virtues of 
 honesty and truth, which have served to distinguish the 
 few. 
 
 The committee hitherto have argued that, if the proposed 
 evidence be admitted, subject to the rules long established 
 among us, and derived from our English ancestors, the ad¬ 
 ministration of justice will have little to apprehend from 
 the depravity or prejudice of the witness. In proof of tliis % 
 they beg leave to invoke the attention of your honorable 
 body in the recent experiments on those rules, made in 
 England and in many of the United States. They will 
 specially notice only those made in England within the last 
 twenty-two years. 
 
 Up to the year 1845, like rules, for the most part, pre¬ 
 vailed in this State and in England. In that year a great 
 innovation was made by statute 6 & 7 Viet, removing many 
 disqualifications, because of interest in the witness. So 
 beneficial to the ascertainment of truth (contrary to all pre¬ 
 vious theory) did this experiment prove, that, in 1852, the 
 Parliament (St. 15 & 16 Viet.) took another and a very 
 long step in the same direction, and allowed each party not 
 only to put the other, but even himself, on the witness 
 
I 
 
 iStJS-'&L] OoCt.UCNT N*». * til. 
 
 stand against his adversary. A proposition of this kind, 
 made forty years ago in that, country, would have been re¬ 
 garded as the vision of a disordered intellect; yet the daily 
 practice under this law, has so illustrated its benefits that 
 it is regarded as the most successful means towards perfect¬ 
 ing the administration of judice in that country ; a country 
 which has no superior, if indeed, any equal on the globe, in 
 ever exhibiting the moat intelligent and careful solicitude to 
 provide for the rights of person and property of every sub¬ 
 ject within its vast domains. 
 
 Respectfully submitted, 
 
 B. F. MOORE, 
 
 W. S. MASON, 
 
 R. S. DONNELL. 
 
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