The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1866-11-28

tho Constitution which declares that tho District Court
color is Interested or to which party The Civil
Rights Aot by tho Congress of the United states
unconstitutional by tho Supreme Court Of ths United
States gives the person of ooor tho rights all
tho Courts. State as we'll Federal, enjoyed by
the whito race and 80 long whi:o rabe
only in the Superior Courts for felony tho prvl-
lego must be accorded of color nowth
the supposed prohibition in the State Constitution
as tho Constitution OF the United states. and tho laws
land. the Civil Rights Act should hereafter bo dc.
repealed by Congress- tho question under The Stat
Constitution might then be full OF embarrassment.
COMMISSIONERS TO TAKE ACKNOWLEDGEMENT OF
DEEDS, &C.-NoTAR1Es puDL1c
The Acts of tho General Assembly confer upon tho
acknowledgement Of dccds in tho several States nnd
Territories "to bo used and recorded in this State the
Commissioners to continue in Office during his Dlcasre
Tho duties Of these officers, "in taking tho acknowl
edgment or proof of any deed mortgage other CON
voyance Of any lands, tenemens horetitamcnts, IN
this State or Of any contract letter Of attorney any
other writing under seal arc important to the in
terests OF the public and some rule should bc adopted
furnish the means of verifying such certificates with
reasonable certainty This may be attained by requiring
every person appointed to be appointed Commits.
soner to forward within ninety days, to the Secretary
paper together with his autograph and upon his failure
to 90 So the appointment of each dcuuter should bc
Notares Public arc likewise appointed and commits.
stoned by tho Governor, and invested with gravo
the official character of Notary Public, and ho can
mako such certificate with safety, unless c chances
holding such commission or who may hereafter bo mp
pointed, should hkewiso DO required forward to the
and paper with his autograph, within sixty days or
his appointment should bc revoked.
CRIMINAL LAW.
The establishment of Pcnitentiary REQUIRES material
changes in tho punishments imposed in tho Criminal
Law. Murder arson and rape should be punished by
by DEATH some with and others without the benefit of
clergy, should be abridged and confinement at hard Ia
nf ffnen
is revolving to humanity and urcs not unrcqucntly full
bS it's % a
1t should be loft discretionary with the Judges in
hard labor in tho Pcnentiary or by whipping, in oil
cases ofarceny Punishment by the lash degrading
sst II snGna Sona be the most
imprisonment in tho Pcnitentary for Infamous
the public UiEn Wb
sense of shame and degradation that he cannot COM
mand moral courage sufficient to enable him even to
make effort at reformation.
feel Incumbent ON me to call attention, spo-
Of the sher and ops in this state ir' In aonS
prisoners to escape from oir custody Unofficial infor
nation hns been received ut this ONCE that nearly
State am their custody turned ovor by tho miita,y
to the civil authorities some Of thcso criminals were
under sentence q aeAth many were cuargeq with
force the Criminal Law and suppress crime. must be
unavang unless the custodans of prisoners who havo
and fidelity. Tho existing law pronounces the most
rigorous punishment against sheriGs and Jolors for
voluntary or negligent escapes and it is found wholly
satisfy Grand jury that their friend whom thoy have
permit prisoner to good GOO wifi VIII oWard ST
the delinquent lcnhing thom to be readily satisfied
that the escapc resulted from the insecurity Of
the jail. 1t is even moro difficult to eecuro the
presentment of tho Commissioners of Public Build.
the Jail secure, and hence the public suffer without
| a remedy. when bill OF indictment is found it is
trayersed and when the defendant is finally brought to
ial positive Pr Of cannot be that thn escape
Voluntary tr Sent and the defendant acanit.
ted Tho General Assembly. since 1882 hls been a.
most annually passing laws. to enforce tho perform.
by shefis of their duty in civil and criminal mat
subject There is but one means Of eeet
ing for this chronic diseaso-it to provide by
Inv tho removal OF Sheriff. either through
the iui or executive department Of tho Government:
for willn AMI persistent N !ect of duty. for tais
new or prTs nr thu In GSsS his 9 Tie
oice. on conviction hef>re Jury but 1t believed
that they have not been enforced i'll Iin since
1882 Is it OF notorious that sone of these officers
should have heon removed?
Judge Wardlaw has dsvoed much time in preparing n
Fill which viii be submitted TO you defining the duties
aud jurisdiction of District Courts and embracing the
the criminal law His long rxperisnce on the Bei:c
aud his aclnow lodged abi y, will respectful
consideration Of his abors.
| CONGRESSIONAL ELECTIONS
The last Congressional election i'll this State was held
pursuant to resolution OF the General Assembly, and
there il provision Of law for holding future cleo
tons. Although our Representatives last elected have
not been permitted by the Congress- of tho United States
to occupy their seats it is the duty of the General AS
seby TO provide by general STATUTE for the holding
general elections for each succeeding Congress. Tho
convenience of the people would indicate that these
tons should be ordered bennally tho day TINT mem
bcrs of the General Assembly chosen, towt: Tht
third "Wednesday in October of each odd year. Repre-
scntaycs to Congress would then tako their soas tho
following December coming fresh from the people,
represent popular sentiment the public questions
the day with moro certainty than if elected hereto
FORE tho October preceding tho meeting of Congress
If extra session OF Congress should be called Lcfor
the day fixed for the election, the Governor might b
authorized orcr by proclamation elections ut n1
earlier day and thus the representation of th
State ut such extra session.
| CIVIL AUTHORITIES.
The Acts passed at the extra session. were transmitted
to tho Military Commanant of tho Department of th
Carolinas at Charleston and tho first day of Octobe
Inst by General Orders ho rcmitted all in which
the inhabitants this State concerned, civil
Justice noted ont to a the inhabitants of the State b.
courts and urcs-if the freedmen receive that protec
ton OF person and property which the laws garan
tco thcm wo will not aguin bo adjudgcd by Proves
Courts and Military Commissions, and we will vndicat
before the world our high of moral right by en-
forcing impartial justice, whether the suitor be humble
OF exalted.
Experience will demonstrate the wisdom of your en-
actment authorizing negroes to testify in all cases.
takes away the impunity which bad men have long en-
joye In tempting these ignorant people to perpotrot
crimo for tho benefit of the temptors.
Tho result Of the experiment at tho late Fall Term
the Courts has been entirely satisfactory and most
the freedmen who have been called to the witness san
have manifested highly crcditablo desire to tell tn
truth The extension of the privilege has had salutar
influence in encouraging and eevatng their moral
Many Of them appreciate their obligations to society,"
readily assist In bringing to punishmont eyildoers
their own color Thoy invaluable to tho producv
resources of the State and their labor bo lost by
aores of productive land into droary wilderness Fo
this reason havo felt 1t to be my duty to discourug