The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-09-12


rules Of evidence in all tho courts were sc
modified as to make all persons and parties
competent witnesses in their own aud Hll 9th.
CT cases, no possible danger could result
from il. Many Of tho States Of th5 Union,
aud several Of the civilized countries o.
tho Old World have tried the experiment
end the result proves that the cG"so Of truth
and justice has been thereby promoted
Tho object of every judicial Investigation Is
TO ascertain tho truth, and, when fouH'l, to
dispense justice in confor nifty ;hcrcto
jurics, correct conclusions will DC inorc Ger
tainly attained by hearirg every fact. what
over may be tho Charactcr or coior Dc thu
witness.
In the second paragraph Of the aaclior
already quoted, tho General Assembly have
reached tho same conclusion; for in ali
cases wcrc persons of color arc allowed to
testify, all persons, including parties, are
declared competent witnesses. Would ii
not DO cmincntly wiso to adopt the same
rule in oil Courts and oxtcnd it tc ali per-
sons? t
In civil cascs the testimony Of pcrtoIs of
color is oftcntimcs requisite to clucidate the
the facts and sccure just decision. They
constitute majority of the entire popula-
tioa of the State, and Of necessity ar5 often
sole witnesses of contracts and trsnsac-
tons between white persons. Shall tho
, parties in such cases he denied iustica by
excluding the only cyidcacc TO sr"rlfc it
because Of an apprehension that it mrY he
| q measure unreliable? Would it no be
more in accordance with an estobll he'd
rule to receive The evidence aud wcig[ its
value? In the law Of evidence, the chGcac.
! ter and standing Of Witness goes to a'icct
his crcliblity, and not his competency.
| Why not in the case of the person of color
follow this rule to its logical conclusion
In criminal cases these considerations
weigh with peculiar force. Tho negro is
readily deceived and corrupted, and be-
comes an easy prey to the machinations of
! teaches that ho is employed to execute the
most dishonest purposes, and with impuuity
| to the principal, because Of his exclusion
rs o witness from tho Courts of Jus SEQ.
! The shrewd cunning continue to put the me-
, gro forward in the commission of crilnc,
| and they 60 unwhpt If justice because Che
law forbils that the testimony of the negro
shall be heard. Does not the exclusion of
persons of color make them invaluable Itc-
ccssories 10 the preparation Of oriH9 !?
! How can society be protected against Rat
! large class of Infamous crime now so w&f
! lent in this State, unless, by making Ch esSs /.
/
of all accessible evidence to convict thC Of
| tenders =; And will tho laws of the State
continue to offer q reward to the dishonest
to fl thcr tempt and corrupt tho negro
The wcll-bcing of the State materially de-
pcnds upon tho elevation Of this class Of our
population, and if there was no other
| argument in behalf Of their admissiblily
| to our Courts, the tendency of such mea-
! sure to elevate their moral and intellectual
| character would be sufficient.
Tho dishonest may object 10 the cEten-
sion of this right TO oil cases, because it
reduces the field for his nefnrious operations
but the good and vrtuous arc protected,
| society is amply compensated for the
| change. Men Of probity and integrity have
no reason to arprchcnd any evil conscqucn-
| ccs from the change. 4ghc discrimination of
intelligent judges and jurics will bc shield
! against unjust charges supported by false
swearing, and the same Intelligence will
bring the really guilty to condign punsh-
ment. The great increase Of crime among
tho freedmen, and tho inadequate punish
mcnt inflicted by existing tribunals, makes
it high and important duty devolrcd on
you TO- SO modify existing legislation rs
will secure transfer Of jurisdiction to tho
State Courts. If the suggestions have
made do not meet tho approval Of your
you in attaining Tho end in any way which
your superior wisdom may Indicate.
Tho hSpfevclcnco of crime among tho whites
as Woll as tho blacks, in every part Of the
| State, admonish us that the criminal code is
defective, and that tho punishmonts impos-
ed by it are inadequate to deter offenders.
The penalties attaching to crime aro fine,
imprisonment, whipping and doath. The
death pcnalty Is imposed on conviction for
murder, arson, burglary and other crimes,
but tho repugnancc Of Juries to convict and
impose that fearful penalty except for mur.
der, and two or three other croreous crimes
| against society, often enables Tie gully to
escape under tho most triiing.pre,cxt, and
oven when persons are convicted in such
cases, the verdict Is Usually accompanied
by recommendation to Executive clcmcncy.
There IL no proper punishment under The
laws Of this State for high misdemcauors
md petty felonies. Mono Of tho jails Of the
State are constructed for work -;iouses. and
oonvicts sentenced to Imprisonment spend
their timo in idlcncss.
Tho expense totho State is very great,
| and in our impoverished condition tho peo.
PIC cannot woll bear tho heavy taxations
| necessary to support these convicts in
| idleness. There are many convicts who
| find themselves comfortably housed, and
vol fed, and who, exempt from all labor,
do not regard imprisonment as punishment
| They are vicious, depravcd non-prpQuccrs,
and the effort TO punish them is really n
punishment to tho honest taxpayer, whose
labor in part, at least, is given 10 support
them in indolcncc. The number of oon~
victs will hereafter DO greatly increased,
andif the present system Of punishment ha
continued, tho appropriations TO Jailors for
dieting prisoners will be greater than tho
expenditure for either Of tho Departments Of
tho State Government.
To remedy all these evils, respectfully
recommend that you provide for tho cstab-
lislmcnt Of Penitentory at Columbia, and
appropriate not less than twcnty-tbousand
dollars, to erect wall around the Peniten-
tiary buildings, and to mako coils for con.
victs, Much Of the labor in erocting the
necessary buildings can bo performed by
! the convicts themselves. Ifa favorable site
should be selected convenient to sufficient
water.power to drive all tho machinc-
ry that may be requisite to carry on manu :.
faotures in wood, leather, iron, yarns and
cloth, the Penitentiary may bomade nearly,
ifnot quito sclfsupporting. Punishments
may then be imposed according to tho cnor-
Unity Of tho offence juries will havo no
\ aversion to oonyioting tho guilty, and tho
conyiots, while undergoing pnrgation for
il,o;r nr;n,ao will hn ooySpotIol IN earn their