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1. The following portion of an act, entitled "An act relative to the
testimony of colored persons," passed February 28th, 1866, by the
Legislature of Virginia, is published for the information of the officers
and agents of this bureau. "Be it enacted by the General Assembly, That colored persons and Indians shall, if otherwise competent, and subject to the rules applicable to other persons, be admitted witnesses in the following cases:"
Also, the following portion of "An act to amend and re-enact the ninth section of chapter one hundred and three of the Code of Virginia of 1860,"&c.: "Be it enacted by the General Assembly, That any person having one-fourth or more of negro blood, shall be deemed a colored person, and every person not a colored person, having one-fourth or more of Indian blood, shall be deemed an Indian. "All laws in respect to crimes and punishments, and in respect to criminal proceedings, applicable to white persons, shall apply in like manner to colored persons, and to Indians, unless when it is otherwise specifically provided." II. From and after the reception of this order, until further orders, no criminal cases will be tried by any officer or agent of the bureau, in this State, except such as may at that time have been commenced. III. It will henceforth be the duty of the Assistant Superintendents to attend, in person, the trials of all criminal cases within their jurisdiction, including criminal trials or preliminary hearings before justices of the peace or other magistrates, to which a colored person may be a party, or in which, according to the law above quoted, the testimony of a colored person may be taken. IV. When present at such trials or hearings, the Assistant Superintendents will not interfere at the time with the action of the court or magistrate, but will confine themselves to such friendly suggestions made to a colored party concerned, or the counsel for the same, as may be necessary. They will not act as attorneys in such cases, or argue with the court or magistrate. They will, however, make immediate report of any instance of oppression or injustice against a colored party, whether prosecutor or defendant, and also in case the evidence of colored persons should be improperly rejected or neglected. In such cases, all details possible will be forwarded. V. They will also carefully examine and report if any instance a justice of the peace, attorney for the Commonwealth, grand jury, or other authority vested with the power of allowing or regulating the institution of criminal proceedings, has refused justice to a colored person by improperly neglecting a complaint, or declining to receive an oath or sworn information tendered by such person, whereby trial or prosecution might be prevented through partiality or prejudice. VI. All Superintendents and Assistant Superintendents will, on the last day of each month, make a detailed report of the manner in which this order, by restoring to the State authorities jurisdiction in criminal cases over colored persons, has resulted, with reference to the intrests of the latter, within their respective districts and sub-districts, whether they have been treated with impartiality and fairness, and the law respecting their testimony carried out in good faith or otherwise.
O. BROWN, RICHMOND, VA., March 12, 1866.
The foregoing order is approved, but no person of color will be examined
or brought to tiral on a criminal charge until he shall have had
sufficient time and opportunity to notify the Assistant Superintendent of
the Freedmen's Bureau for the sub-district, of the time when, and place
where such examination or trial is to take place. |