Race Distinctions in American LawStephenson, Gilbert Thomas
History
Race Distinctions in American Law
Stephenson, Gilbert Thomas
African Americans -- Politics and government; Law -- United States -- History; United States -- Race relations
During the first years after Emancipation, the States were very doubtful
of the Negro’s fitness as a witness. In saying, as many of them did,
that he could be a witness only in cases in which a Negro was a party,
they were following the “Black Laws” before the War, to which reference
was made in the chapter on “The Black Laws of 1865–68.” That they were
doubtful of the testimony of the Negro is shown by the provision of the
act that the Negro’s credibility should be the subject of a special
charge by the court and that his testimony should be given orally. It
has been seen that some of the States soon repealed their laws
discriminating against the Negro as a witness, and that others enacted
statutes allowing him to testify upon the same terms and conditions as a
white person. In some of the States, the records do not show that the
right to testify in court has yet been given to the Negro. But it must
be taken as settled that, even in those States which are silent on the
subject, the Negro does have the same right to testify as the white
person. How much weight is actually given to his testimony is a matter
not of law, but of fact, to be determined by the trier of fact, or jury,
as the case may be. It may be said, in short, that, at present, the
right of the Negro to testify in court is precisely co-extensive with
the right of the white person.
AS JUROR
Most of the legislation and suits concerning the Negro as a witness came
during the years between 1865 and 1870. Since then, the right of the
Negro to testify in court has been generally undisputed. With the Negro
as a juror, it has been different. There has not been a great deal of
legislation about the Negro as a juror, not even during the years
1865–70 which were so prolific of race legislation. But the court
reports from 1865 have been abundantly supplied with cases that have to
do with the Negro as a juror, not referring so much to his right to
serve as to his actual service on the jury. First, reference will be
made to the legislation on the topic, then a number of cases will be
discussed, most of which have turned upon a few fundamental principles
of constitutional law, and, finally, a word will be said of Negro jury
service as it actually exists.
Public-domain text, read in full here on John Shaqi.
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