The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1866-09-12
THE COVER N0R'S MESSAGE.
Gentlemen Of Tie Senate


THE COVER N0R'S MESSAGE.
Gentlemen Of lie Senate
and House Of Representatives. ::
have convened the General Assembly
in extraordinary session for the purpose of
recommending such notifications of exist
ing laws with reference 10 persons Of color,
rs will cntitle the tribunals Of this State TO
exercise jurisdiction over them in all cases;
such II recognition Of these tribunals as
may be best adapted to this end; such en-
actments rs will offer greater certainty as
well as economy in The punishment Of criulc
! amongst all classes; and lastly, such mca-
surcs Of relief as, in my judgment, arc ne
ccssary,,in view of the present condition of
Tho people
II is n striking anomaly that more than
one half of all the inhabitants of The State
| arc not amcnablc to trial before State tribu-
nails aud are exempt from all liability to
punishment under State laws. Ina majori-
ty of the Districts neither Provost nor
Frecdmcn's Courts are in existence, and
persons Of color pcrpetuatc crime Will, inn
punity. Some Of their gravcst offences
against society arc tried before Military
Commissions, but the long delay in bring
ing tho criminal to justice, the necessity,
often times Of removing him 10 a remote
trial, the difficulty Of securing tho ntten-
daacs OF witnesses. aud tic expense dcvoiv-
cd upon The prosecutor, conspirc to render
such tribunals wholly inefficient in punish
ing the guilty or dcterrng others from per-
pctrating crime
Who're Provost Courts arc organized, tho
punishment imposed Oh freedmen arc not in
conformity to our laws, and are much light
er than runiShments imposed by State
rrb Cow -
ccs The laws of oYery we'll regulated
State should operate equally upon all the
iuha itants, and if n %hitc man is punish
able by death for arson or burglary, there
is no escape for II like offence with iuc or
short imprisonment. When our laws are
SO modified that all persons may be tried be-
fore tho snmo tribunal and upon conviction
subjected to the same punishacn. for the
same code Of offences, all reason for the in
tcrfcrencc Of Federal authority with tho ad-
ministration Of justice will have ceaccd,
and no impeachment will exist to the inrisdic-
ton Of the State Courts over all cases, civil
and criminal
In the series of Acts passed in Docombcr
last, known rs the Code, there are various
discrimination against freedmen which
should be repealed, and civil rights and lia-
bilities as TO crimo should be accorded to oil
inhabitants alike.
The last section Of tho Act TO establish
District Courts provides that sthc Judges
elected under this ACT shall not be commis-
stoned until the Governor shall be satisfied
that they will be permitted tceSIerciso tho
jurisdotion committed to thciHsI Tho Judg-
cs have not been commissioned, having
satisfied myself that they would not be per.
mittcd by the military authorities to exor-
oise jurisdiction over persons Of color, which
was the main purpose in establishing tho
Court. Tho District, Court may, however,
be made Invaluable by increasing its iurs~
dlction in civil and restricting it in crimi-
nal cases to offences punishable with loss
than death, thereby relieving the Superior
Courts of many cases which retard tho dis
patch Of moro important business.
therefore recommend that tho sittings of
sary : that all misdcmeanors or felonies now
punishable by fine, Imprisonment or whip
ping, by whomsoeyer committed be tried by
that Court; that felonics punishable by
death be tried by tho Court of General Ses-
sions that tho Offices Of q Grand Jury be
dispensed with in The District Courts, and
defendants tried on indictment without pre-.
sentmont or true bill; that with the consent
Of tho parties in civil cases, or Of the defend
ant in criminal cases, tho presiding Judge
may. hcqr and determine any cause or in
ulCtJueHt HllhouI thc luCcISSultou VI tho
Petit Jury that tho Petit Jury shall cons
sist Of twelve, and tho yeniro Of cightcon;
that in casos Of tho acqu'ttal Of tho defend
ant, the Judge be authorized to certify, If
in lis opinion the facts justify it, that Tho
prosecution was frivolous or grOundless,
and when such certificate is given that the
prosecutor he. liable for oil the COSTS incur.
red than no other security to prosecute be
required by magistrate from complains
ant that his own recognizance; that the
jurisdiction Of the Court in civil cases be-
extended to two hundred dollars, and that
the Jury be paid for their services by FREQ
trx on each case they may try.
by tho thirteenth section Of tho "Act TO
| establish District Courts," it is provided
"that in every case, OWL md criminal in
which person of color is party, orwhich
affoots the person or property Of n person Of
| color, persons of color shall be competent
witnesses. The accused in suoh criminal
case, and tho parties in every such OWL
| case, may be witnesses, and so may eyery
| person who is competent witness" &c. ".
Tho first paragraph Of the section admit-
ting persons of color to testify in oil cases
whore themselves or their race are directly
interested, and excluding them by implica
| tion in all cases whore they are not interest
| cd, cannot Ire reconciled with sound policy
| or just discrimination. They arc admitted
| in that class Of cases where their interest,
sympathy, associations and feelings would
be most likely to pcrvcrt their conscienccs
and invite to false swearing, and arc exclu'
| ded. from testifying in MI eases where no
motive could exist to swear falsely, except
, that Of q depravcd heart. Tho distinction