New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-09-25
o countrymen how longl
CrRSES COMING HOME.

Gov. Orr has called together the Legislature Of
South Carolina in extra session. and sent them Mes
sage wherein he recommends many changes in laws
especially those affecting Blacks. lie says;
by tho hirteh section OF the Act to establish Distre
Courts provided shat IN every case eiy aud criminal
in which peson Of color party which affects the pert
son property Of person OF color persons of color shall be
competent Witnesses The accused in such criminal oase
and parties IN such civil be witnesses and
so may every other person who Is competent witness etc.
Tho hrst paragraph OF this section admitting persons OF
color testify all where themselves their
directly trned and excluding them by implication In oil
whore they not interested cannot be recond with
sound policy Just discrimination They admitted in
that class Of where their interest sympathy association
and feelings would be most likely TO peyert their conscienees
and invite TO false swearing ana are excluded from tesn
in oil where motive could exist to swear falsely ex
cept that of deprayed heart Inc distinction Is Illogical and
prejudice agai1a the Of the II the rules of evi.
den In an The Courts were 80 modified as to make all persons
and parties competent witnesses in their and all other
cases possible danger could result from IT, Many OF the
States Of Ie Union and several OF the civilized countries Of
the old world tried the experiment and the result proves
that Of truth and justice has been thereby promoted
The object Of every judicial investigation h 70 ascertain the
truth and when found dispense justice in conformity
thereto With intelligent judges and discriminating ures
correct conclusions viii he more certainly attained by hearing
every fact whatever may be the character or color OF the
i'm the second paragraph Of the section already qnoted the
General Assembly have reached the conclusion;
all cases whore persons OF color allowed to testify all per-
Would emnonty wise to adopt the rule IN all
Courts, and extend It to all persons'
times requisite eucilate the facts and Just decision
They constitute majority the entire population the
State aud Of necessity often sole witnesses OF contracts
and transactions between white Shall the parties in
such denied Justice by excluding the Ony evidence TO
secure H. because OF apprehension that il may be in
measure unreliable Would rot be more IN accordance with
an established rule 10 receive the evidence ard weigh It's
vaue In law Of evidence the character ard standing Of
witness cues affect his credby and not his competency
Why IN the case of e person OF color follow this rule TO
its logical conclusion ?
In crmna cases. considerations weigh with peculiar
force The negro readily deceived and corrupted and be-
comes an easy prev the Vaccinations OF deprdyed white
cute the dishonest purposes and with IMMUNITY TO the
principal because of his exclusion as witness nom the Courts
of uce The shire wd cunning continue TO put tine
forward in the commission OF crime and they 80 unwhpped
negro shall be heard Does the exclusion Of persons Of
color make them invaluable accessories 10 tie preparation Of
crime How society be protected against that large class
of Infamous crimes prevalent in this State unless Dy
making negro competent witness we avail ourselves Of
M accessible evidence convict the offenders And will the
law of the State continue TO offer reward to the dishonest
further TEMPT aud corrupt the negro The webeng Of tie
State materially depends the elevation of this class of
our population aud there no other umen In behalf u
their admissbiy TO Courts the tendency Of such
to elevate their moral AAd Intellectual character
would be sufficient
he dishonest may object to the extension Of this right to
all cases because reduces the field for his nefarous
tons but ii the good and vruous protected society
amply compensated for the change Men Of prObty and in
egy have no 10 apprehend any evil consequences
from tie change The discrimination OF intelligent judges
and ures will be shield against unjust charges supported by
false swearing and the same Intelligence will bring the really
guilty to condgu punishment
All this is sensible and sign Of progress. Only
LET the North and West rceeho the thunders of MAINE
and the South will gradually and surely reconstruct
herself ON basis of Loyalty and Liberty.