The Atlantic Monthly, Volume 07, No. 44, June, 1861: A Magazine of Literature, Art, and PoliticsVarious
General
The Atlantic Monthly, Volume 07, No. 44, June, 1861: A Magazine of Literature, Art, and Politics
Various
American periodicals
For instance, the law provided that the testimony of any Indian or slave
could be received, _without oath_, against a slave or free colored
person, although it was not valid, even under oath, against a white.
But it is best to quote the official language in respect to the rules
adopted. "As the Court had been organized under a statute of a peculiar
and local character, and intended for the government of a distinct
class of persons in the community, they were bound to conform their
proceedings to its provisions, which depart in many essential features
from the principles of the Common Law and some of the settled rules of
evidence. The Court, however, determined to adopt those rules, whenever
they were not repugnant to nor expressly excepted by that statute, nor
inconsistent with the local situation and policy of the State; and laid
down for their own government the following regulations: First, that
no slave should be tried except in the presence of his owner or his
counsel, and that notice should be given in every case at least one day
before the trial; second, that the testimony of one witness, unsupported
by additional evidence or by circumstances, should lead to no conviction
of a _capital_ nature; third, that the witnesses should be confronted
with the accused and with each other in every case, except where
testimony was given under a solemn pledge that the names of the
witnesses should not be divulged,--as they declared, in some instances,
that they apprehended being murdered by the blacks, if it was known that
they had volunteered their evidence; fourth, that the prisoners might be
represented by counsel, whenever this was requested by the owners of
the slaves, or by the prisoners themselves, if free; fifth, that the
statements or defences of the accused should be heard in every case,
and they be permitted themselves to examine any witness they thought
proper."
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