Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1866-09-13

result proves tnaG the cause OF truth and
justice has been thereby promoted. The
object of every judicial investigation is to
ascertain the truth, and when found, to dis,
pense justice in conformity thereto. With
intelligentJ Judges and discriminating juries,
correct. conclusions will be more certainly
attainedoby hearing every fact, whatever
may be becharaeter or color of the witness.
In the second paragraph Of the section al
ready quoted, the General Assembly have
reached the same conclusions; for in all ca.
ses where persons of color are allowed to
testify, all persons, including parties, are
decided competent witnesses. Would it
not be eminently wise to adopt the same rule
in all Courts, and extend it to all persons !
In civil cases, the testimony of persons of
color is oftentimes requisite to elucldate the
facts and secure just decision. They con-
stitute amajority of the entire population of
the State, and of necessity are often sole
witnesses of contracts and transactions be-
tween white persons Shall the parties in
such cases be denied justice, by excluding
the only evidence to secure it, because of an
apprehension that it may be in measure un-
reliable? Would it not be more in accord
ance with an established rule, to receive the
evidence and weigh its value? In the law
of evidence, the character and standing of
witness goes to affect his credibility, 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. The negro is
readily deceived and corrupted, and be-
comes an easy prey to the Vaccinations of
depraved white men; and past experience
teaches that be is employed to execute the
most dishonest purposes, and with impuuity
to the principal, because of his exclusion as
witness from the Courts of justice. The
shrewd and cunning continue to put the
negro forward in the commission of crime,
and they go unwhipped of justice, because
the law forbids that the testimony of the
negro shall be heard Does not the exclu-
sion of persons of color make them invalu-
able accessories to the perpetration of crime !?
How can society be protected against that
large class of Infamous crimes, now so prev.
alent in this State, unless by making the
negro a competent witness, we avail our
selves of all accessible evidence to convict
the offenders? And will the law of the
State continue to offer a reward to the dis
honest to further tempt and corrupt the ne
gro? The well.being of the State materi-
ally depends upon the elevation of this class
of our population, and if there was no other
argument in behalf of their admissabiiity
to our Courts, the tendency of such mea-
sure to elevate their moral and intellectual
character would be sufficient
The dishonest may object to the exten-
sion of this right to all cases, because it re-
duces the field for nefarious operations, but
if the good and virtuous are protected, so.
ciety is amply compensated for the change.
Men Of probity and Integrity have no rea.
son to apprehend any evil consequences
from the change. The discrimination Of
intelligent Judges and juries will be
shield against unjust charges supported by
false swearing, and the same intelligence
will bring the real guilty to condign pun
ishment. The great increase of crime a.
moug the freedmen, and the inadequate
punishment Inflicted by existing tribunals,
make it high and important duty devolv.
ed on you to 50 modify existing legislation
as will secure transfer of jurisdiction to
the State Courts. If the suggestions have
made do not meet the approval of your judg-
ment, will cordially cooperate with you in
attaining the end in any way in which your
superior wisdom may indicate.
The prevalence of crime among the
whites as we'll as blacks, in every part of
the State, admonish US that the criminal
code is defective, and that the punishment
imposed by it are inadequate to deter often.
ders. The penalties attaching to crime are
fine, Imprisonment, whipping and death.
The death penalty is imposed on conviction
for murder, arson, burglary and other
crimes; butthe repugnance of juries to con-
vict and impose that fearful penalty, except
for murder and two or three other enormous
crimes against society, often enables the
guilty to escape under the most trifing pre-
text; and even when persons are convicted
in such cases, the verdict is usually accom-
panied by recommendation to executive
clemency.
There is no proper punishment, under the
laws Of this State, for high misdemeanors
and petty felonies. None of the jails of the
State are constructed for work houses, and
convicts sentenced to imprisonment spend
their time in idleness. The expense to the
State is very great, and, in our impoverish-
ed condition, the people cannot well bear
the heavy taxation necessary to support
these eenpiets in idleness There are many
convicts who find themselves comfortably
housed and well,fed, and who, exempt from
all labor, do not regard imprisonment as a
punishment They are vicious, depraved
non-producers; and the effort to punish
them is really punishment to the honest
tax payer, whose labor, in part at least, is
given to support them in Incidence. The
number of convicts will hereafter be great
ly increased, and, if the present system Of
punishments be continued, the appropria