Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-02-08

marriage of such as. while slaves, were long living
together willingly, man and wife BY the laws
OF this State the husbands and wives popularity
called, of population of $780, 900 human be-
ings. lewdy and laciviously cohabiting togeth-
er, without any other link Of connection than their
own free will They may part when they choose,
and select partners fora day or month
Among the whites such cases are indictable If
after the courts shall their criminal iIlris-
dictiOG, the colored people shall still be allowed
t. continue III the practice OF such unlawful con-
nectlOns. without reproof CT punishment they will
he IN q more demoraGZed condition, in respect to
that relation, which among all civilized human
beings, IS deemed SO sacred, than were free per-
sons OF Color slaves, before the late epoch
! OF emanci patton. The former were not allowed
to cohabit without marriage, duly celebrated; and
! the latter were much restrained from such licen-
| tons co-habltatiOn, by the and prudence of
their masters.
IF the Treellnen's Bureau will neither turn over
to the civil authorities Tor correction this species
Of crime, nor take efficient means itself for its
correction, 1t will be impossible to elevate the race
! by any Legislative means yet practced or devised.
No race Of mankind can he expected to become ex-
| allied III the scale of humanitr. those sexes. with
out any binding obligation, cohabit promisciously
together. Among such people, chastity can have
no name or place and the performance OF poren-
! tai duties, no encOurag cement OF sanction
| It is much hoped that the Freedmen'3 Bureau
will take the subject into serious consideration.
s. and lastly, "a bill to establish warehouses
or houses OF correction III the several counties of
| the State
ton has been long since demanded, and ROW more
than at any time heretofore Though it's cost in
| the present embarrassed pocuniary condition Of
the country, may be somewhat blirdensomc, there
is little donbt that, if managed with economy and
care. it viii soon prove great relief to the honest
| industry of the country. The dread of involun-
tary labor IS mach effectual to suppress mis-
demeanors and ideness than few days Of Inpris-
! the insolvent debtors law
| Without such house the present jails will be
unequal to contain those who will be committed
| to prison. Their proper enlargement for the
ceptOn of both species Of population, and the diff
ferent Of each population, will cost at o1ce,
as much rs work-house and farm on a small SALE
which may be enlarged as occasion may require
The Committee hayo left it discretion
airy with the Justices Of the Peace, wheth-
! Ct they will establish sucll /, ho'1so be
cause, in some counties it may be little need
| cd, and others very greatly ana because I'll
So, some counties are more able to establish them
at once. than others are. If even county shall
establish such institution, selt-defence will soon
render it necessary for all the adjacent counties to
follow the example; and few years only, will be
requisite to extend the institution the State
If this. or similar policy should not be in
augurated it is not difficult to forcsGe that this
State may become in the process OF time, the land
of immigration from all parts of the Union, Of
the demoraized freedman and the dissolute white
man.
The Committee are aware that the great and
radical changes occasiOncd by emancipation, in
the fixed habits and custom OF the people, cannot
be truly estimated ct once; and therefore, they
iorhear, much possible, to speculate by leg
islaive anticipation, for such changes may even
Irrohahiy become necessary il the course OF time.
! They deem it the more prudent course to proceed
now by new laws, only SO far IS the way appears
| to he clear They prefer 20 let the common law
apply its flexible rules for human conduct to the
new state of things rather than frame for it rigid.
and perhaps lniscOnceived leoislatiOn
! The General Assembly viii perceive that We
lave omitted all such punishments as the involuIl-
tary hiring out 81 persons Of color, ard Also Of
whipping them, except IN cases where white per
Isons thus punished
! Public WHIPPING Is q species Of punishment
which ought rarely to De inflicted any one whom
1t is the purpose q tle law to reclaim from crime.
The culprt TINS punished becomes utterly degra-
ded in public esteem; and it would be wonderful
il he did not become in his own \ freeman
thus degraded, loses al incentive to virtue; and
so far as bis example extend as parent OF
otherwise, 1eincucntes oil his vices i'll those around
him. -
IT may be said, md with perfect truth, that
there are comparatively few Of the slaves lately
freed, who are honest but this vice now 30 pre-
IVal,It among them, may be traced to other and
more probable than any natural dep1ayity
peculiar to the negro race, which, by some physi-
EUl0gi~ts, declared to be naturally destitute of
moral principles III greater degree than any 9th
CT people YCj known. HE Committee have not
regulated tleir code by this doctrine. md if it
were true, there is but the greater necessity for
correcting the natural Obliguity by proper civil
institutions wisely administered That tue race is
rot beyond he reach OF proper moral Training,
= evident rom the many examples among them OF
aobricty, Industry and honesty: If it owed its de-
N0Njy - TIE vicious nature peculiar to the race,
we ought e. be able by this time, to trace some
steps o. Improvement in the mixture Of its blood
with that Of other rQca8 q men.
Tho Committee have not discovered, nor has ii
been maintained, that the mixed blOoded slave
has been elevatedin the moral virtues Of the white
race, rs he advanced toward it in color 1t may
not be anliS5 to remark that the punishment by
hiring, is rather Of modern date The first enact
ment to this effect was i'll 1881, and its c0nstitu-
ticnalitg seriously questioned by eminent law
~ers. though settled by an able court.
Your honorable body will perceive ALSO that we
recommend, that the Courts should be fully open
Cd to the negro race, for protecting their persons
and property, and all the rights Of freemen by
being heard witnesses, whenever these rights are
N controversy.
The enactment recommended, allows their evi-
lence in civil cases only where the rights Of Per
sons. Or property of persons of color would be
Inrecluded by the judgments DEGREES made IN
those cases. And in criminal cases, only where
the violence, fraud, III jury charged to have been
done by, on Them is put directly in issue.
II the testimony Is to be admitted at ALL it ought
to be extended to such cases The effect of thus
limiting It will not deny them any advantages, but
on the contrary will secure to them the most per-
feet protection that human evidence can afford.
Beyond the accomplishment Of this object we have
not felt ourselves authorized to go. The result Of
allowing it to this extent will be, that when col
ored persons are parties they may call to the wit
hess stand the whole population of the lard not