The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1866-01-24

Inc eSeOrSld FItcumcus
One of the most important subjects that
will be brought to the attention Of the Leg
islature, will be the passage of proper laws
concerning the Freedmen. An able Com
mission has been deliberating for weeks upon
this subject, and we are happy to say that
its. .labors are nearly perfected, so that at
an early day report will be submitted
to the Legislature. 1t is anxiously awaited,
and will be studied and discussed not only in,
the Legislature but in every portion of, the
State, with great earnestness and we fear
some acrimony But in the discussion of
this question we trust that all will be guided
by. common sense-that the circumstances
surrounding us as a community will be fully
considered, before prejudice and passion be
summoned to the defeat Of any measure that
may have become a necessity. a7oa
From the National Iatelligencsr, of the 18th
inst, we clip the following digest Of the
Freedman's code prepared for the Legislature
of Georgia. 1t treats of a subject of increas-
ing importance and comes so opportunely
that it is placed prominently before our
readers, and their attention is earnestly in
vited to its perusal: .o''.s..
g This commission, appointed under a resolu-
ton of the late reorganization convention, to
prepare and report to the General Assembly
system of laws to meet the legal exgencies result
tant from emancipation, concluded their labors on
the 18th of hast month, and the report whicn en-
bodies the conclusions arrived at, is now in print.
As it is highly probable the Legislature, at its ap-
proaching session, will, with perhaps some few
emendations, adopt this report, synopsis thereof
will be essayed. The, report, then consists OF
fourteen articles, made up of one hundred and
tity-four sections Article first repeals the slave
and free negro codes, defines free persons Of cosor,
and declares "such persons shall have the right
to acquire, own, and dispose OF property, TO en-
oy the fruits of their labor, to make contracts to
sue and be sued, to receive and transmit property
by Inheritance" and ''to receive protection in
their persons and property" There being already
law as to the testimony ofsuch persons, the pro-
visions of the report thereon are, rs supereroga-
tory, not given. Article second provides for the
organization, procedure, &c, of county court
in each county, to hold daily sessions-jurisdic-
tion $780, Articles third fourth, fifth, SIXTH and
seventh regulate respectively the domestic rea-
tions, husband and wife, parent and child, guar
dian and ward master and servant, and master
and apprentice. Those now living as man and wife
declared to be really such choice to be made in
case there more than one quasi husband or wife,
Parents are required to support children, legiti-
mate and bastard alike, and all now born are
legitimated. Relation of guardian and ward same
as among white persons, subject to the jurisdic-
ton of ordinary The articles regulating the re-
la.ions of master and servant, and master and ap-
prentice, are quite lengthy, but in effect almost
exact transcript of the old common law in those
regards, Da,tdtiS nautd1dS to fit local eXgencies.
| Article eight extends the law of contracts as of
| force among whites, to the blacks, illiterate
| personssbeing especially and strongly protected.
Article ninth extends the law of wills administra-
| tlon distribution OF estates and the like to the
| backs, with some amendments to lessen expense
| to them of the usual procedure. Article tenth
Furnishes certain crimes-lareeny, grand and petit,
vagrancy, receiving stolen goods, and attempts at
| larceny, burglary, arson, and robbery-by penal
| labor on public works. Provides for superinten-
| dent of such labor and gives right to him to farm
| out convict labor, taking bond for humane treat
| ment, &c. recusance of convict to be punisha-
| BILE by same chastisement now, by law, permitted
in the pententiary in the of white convicts
cusant. Article eleven sets forth crimes and their
! punishment. Rape, poisoning arson and attempts
+. thereat punishable with from death to light i'm
prisonment Makes it crime also to combine to
injure negroes in their persons or property. Ar
ticle twelve further defines crimes. Article thr-
teen regulates practice in criminal cases, and ar
ticle fourteen requires licenses in business requi-
ring them in specified cases. irrespective of color
From this resume of proposed code, drawn
up by some of our first lawyers-Judge Starnes,
an eminent practitioner, being chairman of the
commissioner will be seen with what very pecu-
liar care the interests of the blacks have been
| sought to be placed on the base of a common
justice. Judge Starnes is emphatically and espe-
cally lawyer-a rarer character nova days than
most men think-andin the report, which strong
ly bears his impress, has, it would seem, sought
to regard the black in the same light as the VI
plan or Papinian did the old Roman freedman
| entitled, as human being, to all legal rights,
but, by polity, debarred from civic franchise. In
one word, this proposed code is simply an exten-
| sion to the negroes of the old common law as to
person and property. Could these principles,
modified to some extent by the provisions of the
chapters de lbertis to be found in the civil law,
be digested into code applicable alike to
ton would receive quietus that would let the
whole land be at ease on that point once more.
Here in Georgia, at least, is no hostility worthy
of note against the blacks and it not for the
presence of negro troops, even now things might
be comparatively well. But so long as there is be
fore the eyes of an ignorant and credulous race,
lately freed from bondage, the spectacle of a
\ standing army of their race put in authority
over those to whom that race has for an hundred
| years been subject, just so long will there be in
! citement to idleness and motive for false and de-
lusive views. The glitter, the show, the brief au
thority, the civic responsibility pertaining tc
| these black troops are-take the word for it Of
man who would neither extenuate nor set down
| aught in malice-a fearful obstacle to the peace
| and prosperity of this country Of the excesses
| of these troops do not speak-there are bad mer
| of every hue, and not few crimes here commit
ted are the work of the white garrisons, of Prov
ling discharged desperadoes-but the very pres
ence of such forces is an eyer-fowing fount Ol
| eviL''
| .