Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-09-13
GOVERNORS MESSAGE.
Gentlemen Of the Senate and House Of

Gentlemen of the Senate and House Of
Representatives. .asa. -s
I have convened the General Assembly
in extraordinary session, for the purpose of
recommending such modi6eations Of exist
ing laws with reference to persons Of color,
as will entitle the tribunals of this State to
exercise jurisdiction over them 10 oil cases;
such Reorganization Of, these tribunsis ~
may be best adapted to this end; suoh en-
actments as will effect greater certainty, Is
well as economy, in the punishment Of crime
amongst all classes; and lastly, such mea-
sures of relief as, in my judgment, are. ne
oessary, in view Of the present condition of
the people.
1t is striking anomaly, that more than
one.half of all the inhabitants of the State
are not amensble to trial before the State
tribunals, and are exempt from all liability
to punishment under State laws. In ma.
jority of the Districts, neither Provost nor
freedmen's Courts are in existence, and psr.
sons of color perpetrste crime with impuni-
ty. Some of their grsvest offences against
society are tried before Military Commis.
sious, but the long delay in bringing The
criminal tojustics, the necessity oftentimssof
removing him to q remote place, where q
Commission is organized for trial, the dif-
6culty of securing the attendance of witnsas.
es, and the expense devolsed upon thepsos-
eoutor, conspire to render such tribunals
wholly inefficient in Furnishing the guilty.
or deterring others from perpstrssing crime.
Where Provost Courts are organized, the
puuishments imposed on freedmen for crime
are not in conformity to our laws, and are
much lighter than punishments imposed BY
State Courts upon white men for the mns
offences. The laws Of every we'll regulated
State should operate equally uron all the
inhabitants, and if white man Is punish
able by death for arson or burglary, thsreis
no justice orpropriety in permitting q freed
man to escape for like offence with > fine
or light Imprisonment. When rlsws are
80 modified that all persons may be triedbe.
fore the same tribunal, and, upon consic.
ton, subjected to the same punishment for
the same class of offences, all reasons for
the interference of Federal authority with
the ADMINISTRATION of justice will have csas-
ed, and no impedimeut will exist to the ju-
risdiction of the State Courts over all cases,
civil and criminal.
In the series of Acts, passed in Decem.
Der last, known as the Code, there are Yari.
ous discriminations against freshmen, which
should be repealed, and civil rights and
liabilities as to crime shonld be accorded to
all inhabitants alike.
The last section of the Act to establish
District Courts provides that "the Judges
elected under this Act shall not be com.
missioned until the Governor shall be salts
fed that they will be permitted to exercise
the jurisdiction committed to them"
The Judges have not been commissioned,
having satisfied myself that they would not
be permitted by the military authorities to
exercise jurisdiction over persons of color,
which was the main purpose 10 establishing
the Courts. The District Court may, hosev-
er, be made invaluable, by increasing its ju-
risdiction in criminal cases to offences pun.
ishable With less than death, thereby reliev-
ing the superior Courts Of many cases which
retard the dispatch Of more important bust.
ness.
I therefore recommend that the sittings
of the Court be quarterly, or oftener, if
necessary that all misdemeanors and efelo-
MES now punishable by 6ne, Imprisonment
or whipping, by wbomsoever committed, be
tried in that Court; that all felonies pun.
ishable by death, including the different
degrees of homicide, be tried by the Court
of General Sessions; that the Offices of
grand jury be dispensed with in the District
Court, aud defendants tried on indictment
without presentment or true bill !; that, with
the consent Of the parties in civil cases, or
of the defendant in criminal cases, the pre-.
siding Judge may hear and determine any
cause or indictment without the interven.
tion of petit jury; that the petit jury
shall consist of twelve, and the venire Of
eighteen; that in case Of the acquittal of
the defendant, the Judge be authorized to
certify, if in his opinion the facts justify it,
that the prosecution was frivolous or ground.
less, and when such certificate is given,
that the prosecutor be liable for ali the costs
that no other secunty.to prose.
cute be required by Magistrate from
than his own recognizance;
that the jurisdiction of the Court in civil
cases be extended to $500; and that the
jury be paid for their services by fee taxed
on each case they may try.
By the thirtieth section of the "Act to
establish District Courts" it is provided
'sthat in every case, civil and criminal, in
which person of color is party, or which
Affects the person or property of a person of
,olor, persons of color shall be competent
witnesses The accused in such crimi-
,al case, and the parties in every such civil
'ase, may be witnesses, and SO may every
'ther peron who is a competent witness,
,ct."
The first paragraph of this section, ad-
nitted persons Of color to testify in Ill cases
or their race are directly
concerned, and excluding them by implica.