Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-09-12
his competency. Why not, in the case of
the person of color, follow this rule to its log-

lily deceived and corrupted, and becomes ar
easy prey to the Vaccinations of depraved
white men and past experience teaches tha
he is employed to execute the most dishones
purposes, and with impunity To the principal
because of his exclusion as a witness from
the Courts of justice. The 'shrewd and cum
ming continue to put the negro forward in the
commission Of crime, and they 60 unwhipped
of Justice, because the law foroids that the
testimony of the negro shall be heard. Does
not the exclusion of persons of color make
them invaluable accessories to the perpetra-
ton of crime? How can society be pr0tec-
ted against that large class of Infamous crimes
now so prevalent in this State unless by max.
ing the negro competent witness, We avail
ourselves of all accessible evidence to convict
the offenders And will the law of the State
continue to offer reward to the dishonest
to further tempt and corrupt the negro The
well.being of the State materially depends
upon the elevation OF this class of our popu.
lation, and if there was no other argur snt in
behalf Of their admissibiity to our Courts,
the tendency of such measure to elevate
| their moral and intellectual character would
be sufficient.
The dishonest may object to the extension of
this right to all cases, because it reduces the
field for his nefarious operations, but the good
and virtuous are protected, society is amply
compensated for the change. Men of probity
and integrity have no reason to apprehend
any evil consequences from the change. The
discrimination of intelligent Judges. and ju-
ries will be shield againsta unjust charges
| supported by false swearing, and the same in
telligence will bring the really guilty to con-
| dign punishment. The great increase of
crime among the freedmen, and the made.
quate punishment inflicted by existing tribu
nails, make it high and important duty de-
Volved on you to so modify existing legisla-
tion as will secure transfer of jurisdiction
to the State Courts. If the Suggestions have
made do not meet the approval of your judg-
ment, will cordially cooperate with you in
attaining the end in any way which your su-
perior wisdom may indicate.
The prevalence OF crime among the whites,
as well as blacks, in every part Of the State,
admonishe, US that the criminal code is defec
tive, and that the punishments imposed by it
are inadequate to deter offenders. The pen
alties attaching to crime are fine, imprison,
ment, whipping and deaths The death pen
atty is imposed on conviction for murder,
arson, burglary and other crimes; but the re.
pugnance of iuries to conyictand impose that
fearful penalty, except for murder and two
or three other enormous crimes against soci
ETY., often enables the guilty to escape under
the most trihing pretext and even when per-
sons are convicted in such cases, the verdict
is usually accompanied by recommendation
to executive clemency.
There is no proper punishment. under the
laws of this State, for high msdemeanors
and petty fclonies. Nonetof the jais of the
State are constructed for work-houses, and
convicts sentenced to imprisonment spend
their time in idleness. The expense to the
State is very great, and, in our impoverished
condition, the people cannot we'll bear the
heavy taxation necessary to support these
convicts in ideness. There are many con-
victs who find themselves comfortably housed
and well.fed, and who, exempt from all labor,
do not regard Imprisonment as a punishment.
They are vicious, depravcd non producers;
and the effort to punish them is really pun
ishment to the honest tax. payer, whose labor,
in part at least, is given to support them in
Incidence. The number of convicts will
hereafter be greatly increased, and, if the
present system of punishments be continued,
the appropriations to .lors, for dieting priso.
ncrs, will be greater than the expenditure for
either of the departments Of the State Gov
ernment. 10 remedy all these eviNS re-
spcctfully recommend that you provide for
the establishment of penitcntlary, at Co.
lumbia, and appropriate not loss than $4,000
to erect wall around the penitcntiary build
ings, and 10 make cells for conaicts. Much
of the labor, in erecting the necessary build
ings, can be performed by the convicls them
selves. IF favorable site should be selected,
convenient to sufficient water power to drive
all the machinery that may be requisite to
carry on manufactures in wood, leather, iron,
yarns and cloth, the penitentiary may be
made nearly if not quite sef-supporting.
Puuishments may then be imposed according
to the enormity Of the offence uries will
have no aversion to convictng tue guilty. and
convicts while undergoing purgation for their
crimes, will be compelled to earn their cloth
ing and subsistence.
The completion Of the prison and the in
PRODUCTION of the requisite machinery will, of
course, be work Of time; but if proper
economy is practiced in building and stocking
it, the expense will hardly be felt; and, in
the meantime, the conyicts can be subsistcG
as cheaply as in the District .iails whilst the
labor of such as are not required on the
buildings can be devoted to the various manu-.
factures Of leather, wood and iron, yielding o
fund to the State to meet the expenses of
their subsistence.
IF YOU should determine to establish q
penitentiary, it will he necessary that the
punishments now imposed by law be SO
Changed as to conform tosthe new prison sys-
tenn. Before passing from the bject of the
criminal law, desire to invite your atten-
ton to the necessity for more stringent legis-
lation for the suppression of vagrancy. The
law should not only provide for the punish
ment of idle and dissoute persons, who are
permanently domiciled, but should extend to
transient persons wandering over the State,
and who have no visible means of support
and the duty of enforcing the law should be
deyolved, under stringent penalties, upon the
Clerks, Sherifs, Magistrates and Constables
of the several Districts.
Since your adjournment in December last,
the Court of Errors in this State have, with
single dissenting opinion, declared the Stay
Law and all amendments thereto unconsttu-
.tional This decision has produced restive-
ness and dissatisfaction in many parts of the
State. Public meetings have been held in
several Districts, and the Legislature has
been appealed to, to furnish some protection
to the debtor class, who anticipate general
sucing in the fall term of the Courts.
After careful examination of tho opinion
of the able and learned Chief Justice, as
we'll as other authorities, feel it my duty to
say that concur fully in the opinion of the
] no,,.t and helieYe that their exnnsition of The