Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-09-20
SOUTH CAROLINA.
Message of Governor Orr.


laws in reference to persons of color as will
entitle the tribunals of this State to exer-
else jurisdiction over them IL all cases; such
a reorganization of those tribunals as may
be best adapted to this end, such enact
ments as will effect greater certainty as well
as economy in the punishment of crime
amongst all classes, and, lastly, such meas
ures of relief, as in my Judgment are neces-
sary in view of the present condition of
the people.
It is a striking anomaly that more than
one-half of all the inhabitants of the State
are not amenable to trial before State tri-
bunals, and are exempt from all liability to
punishment under State laws. In q major
ity of the districts neither provost nor freed
mems courts are In existence, and persons
of color perpetrate crimes with lmpunlty.
Some of their gravest offences against sOcle-
ty are tried before military commissions,
but the long delay in bringing the criminal
to Justice, the necessity oftentimes of re-
moving him to remote place where COM
mission is organized for trial. the difficulty
Of securing the attendance of witnesses,
and the expense devolved upon the prose
cutor, conspire to render such tribunals
wholly inefficient in furnishing the guilty
ordeterrlng others from perpetratlng crimes.
Where provost courts are organized, the
punishments imposed on freedmen for
crime are not i'll conformity to our laws,
and are much lighter than punishments
imposed 10y State courts upon white men
for the same offences. The laws of every
well regulated State should operate equally
upon all the inhabitants, and if Il white
man is punishable by death for arson or
burglary, there is no rstice OF prOprlety Ill
permitting q freedman to escape for q like
offence with IL fine or short imprisonment.
When our laws are so modified that all per-
sons may be tried before the same tribunal,
and upon conviction subjected to the same
punishment, for the same class Of offences,
all reason for the interference of federal
authority with the administration of JUS
tice will have ceased, and no impediment
will exist to the jurisdiction of the State
courts over all cases, civil and criminal.
In the series of acts passed in December
last, known as the code, there are various
determinations against freedmen which
should be repealed, and civil rights and Ii
IS to crime, should be accorded to
all inhabitants alike.
The last section of the "Act to establish
District Courts provides that 6 the Judges
elected under this act shall not be commits
stoned until the Governor shall be satisfied
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 in establishing
the court. The District Court may, how
ever, be made invaluable by increasing its
jurisdiction in civil, and restricting it in
criminal cases to offences punishable with
less than DEATH thereby relieving the Su-
perlor Courts Of many cases which retard
the despatch Of more important business.
therefore recommend that the sittings
of the court be quarterly, or oftener, if ne
all misdemeanors and felon
les now punishable by fine, imprisonment,
or whipping, by whomsoever committed, be
tried in that court !; that all felonies punish
able by death, including the different de-
grees of homicide, be tried by the Court of
General Sessions that the offices of grand
Jury may be dispensed with in the District
Court, and the defendants tried on indict-
ment without presentment or true bill
that, with the consent of the parties, in ci-
vii cases, or Of the defendant in criminal
cases, the presiding judge may hear and
determine any cause or indictment without
the intervention of petit jury that the
petit jury shall consist of twelve and the
venire of eighteen that in case of the ac
1uittal of the defendant the Judge be au
5horized to certify, if, in his opinion, the
facts Justify it, that the prosecution was II
volous and groundless, and when such GER
5ificate is given that the prosecutor be liza
ole for all costs incurred that no other Sc
;urity to prosecute be required by mag
strate from complainant than his own re-
;ognizance that the jurisdiction of the
court in civil cases be extended to 5000; and
hat the same be paid for their services by
, fee tax in each case they may try.
BY the thirtieth section of the ''Act to
establish District Courts" it is provided
& that in every case-civil and criminal-in
which a persor of color is party, or which
effects the person or property Of person of
color, persons Of color shall be competent
Witnesses The accused in such criminal
,ase, and the parties in every such civil
;ase, may be witnesses, and so may every
,ther person who is competent witness"
&C.
The first paragraph of the section admit
ing persons of color to testify in all cases
where themselves or their race are directly |
Interested, and excluding them by implica-
ion in all cases where they are not inter-
,sted, cannot be reconciled with sound pol
cy or Just discrimination. They are ad- |
nitted in that class of cases where their in
crest, sympathy, association, and feelings
would be most likely to pervert their con-
ciences and invite to false swearing, and
re excluded from testifying in all cases
where no mOtis could exist to swear false
Y except that of a depraved heart. The
distinction is illogical and 1ndefensible, and
t cannot be denied that it has its founda-
ion in prejudice against the caste of the
,egro. If the rules of evidence in ali
ourts were so modified as to make all per
ons and parties competent witnesses in
heir own and all other cases, no possible
Ianger could result from it. Many of the
states of the Union, and several Of the civ
lized countries of the Old World have
ried the experiment and the result proves
hat the ca'lse of truth and justice has been
hereby promoted.
The object Of every judicial investigation
$ to ascertain the truth, and when found
o dispense justice in conformity thereto.
With Intelligent judges and discriminating
uries, correct conclusions will be more GER
ainly attained by hearing every fact, what
ver may be the character or color OF the
witness.
In the second paragraph of the section
lready quoted the General Assembly has
cached the same conclusion for In all
ases where persons of color are allowed to