The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1866-09-18


'.The frightful pestilence which is now epidemic
in this city has produced no panic among our
citizens. and for that reason it has been stripped
of half its terrors. Men pursue their ordinary
avocations. feeling assured that by prudence i'll
eating and drinking, and by ordinary cleanliness.
the chances of escape are as thousand to one in
their favor
NEGRO TESTIMONY IN South CARoLINA.-
The Legislature of South Carolina is now i'll ses-
sion, and Gov. Orr, in his Message to that body,
makes the following argument in favor Of admit
ting the negro to testify in all cases in which he
may be summoned:
"By the thirteth section of the "Act to estab-
lsh District Courts it is provided that in every
case, civil and criminal, in which person of
color is party, or which affects the person or
property of person of color, persons of color
shall be competent witnesses" The accused in
such criminal case, and the parties in every
such civl! case, may be Witnesses and so may
every otherperson who competent Witness" etc.
The first paragraph Of this section admitted
persons of color to testify in all cases where them
selves or their race directly concerned, and
excluding them by implication in all cases where
they are not interested. They admitted in
that class of cases where their interest," sympathy,
association and feelings would he most likely to
pervert their conscehces and invite to false swear
ing, and are excluded from testifying in all cases
where no motive could exist to swear falsely, ex-
cept that of depraved heart. The distinction is
illogical and indefensbe, and it cannot be denied
that 1t has its foundation in prejudice against
the case of the negro. If the rules of evidence
in all the Courts were so modified as to make all
persons and parties competent witnesses in their
1T % lan
result from it. Many Of the States of the Union,
and several OF the civilized countries of the old
world, have tried the experiment, and the result
proves that the cause Of truth and Justice has
been thereby promoted The object OF every ju-
Glcial investigation is 70 ascertain The truth, and
when found, to dispense justice in conformity
thereto. With intelligent Judges and discrimi-
mating iuries, correct conclusions will be more
certainly attained by hearing every fact, what
ever may be the character or color of the wit
ness.
In the second paragraph of the section already
quoted the General Assembly have reached the
same conclusions; for in all cases where persons
of color allowed to testify, all persons, incu-
ding parties, are decided competent witnesses
Would it not be emnenty wise to adopt the
rule in all Courts, aud extend it to all per-
sons?
In civil cases, the testimony of persons of color
is ofenlimes requisite to elucidate the facts and
secure a just decision. They constitute MAORI
ty of the entire population Of the State, and of
necessity often sole witnesses of contracts and
transactions between white persons. Shall the
parties in such cases be denied justice, by exclu-
ding the only evidence to secure it, because of
apprehension that it may be in a measure unre-
liables Would it not be more in accordance
with All 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 credibity, 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 ,deceiv-
ed and corrupted, and becomes an easy prey to
the Vaccinations Of depraved white men; and
past experience teaches that he is employed to
execute the most dishonest purposes, and with
IMMUNITY to the principal, because of his exclu
sion rs witness from the Courts of justice. The
shrewd and cunning continue 20 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 exclusion of persons of color make
them invaluable accessories to the preparation of
crime! How society be protected against
that large class of Infamous crimes, prev
alent IN This State, unless BY making the negro
competent witness, we avail ourselves of all ac-
cessible evidence to convict the offenders? And
will the law of the State continue to offer
ward to the dishonest to further tempt and cor
rupt the negro? The well-being Of the State ma
terially depends upon the elevation of this class
of our population, and if there argument
in behalf Of their admssability to our Courts, the
tendency of such measure to elevate their NOR
al and intellectual character would be sufficient
The dishonest may object to the extension of
this right to all cases, because it reduces the field
for netarious operations, but if the good and vir-
tuous are protected, society is amply eompensa-
ted for the change. Men Of probity and integrity
have no reason to apprehend any evil conse-
quences from the change. The discrimination of
intelligent judges and juries will be shield
against unjust charges supported by false swear
ing, and the same intelligence will bring the real
guilty to condign punishment. The great in
crease of crime among the freedmen, and the in
adequate punishment inflicted by existing tri5u-
mails, make it high and important duty devolv
ed on you to so modify existing legislation as
will secure a transfer of jurisdiction to the State
Courts. 1.-THE suggestions l have made do not
meet the approval of your judgment, l will cor
daily cooperate with you in attaining the end
in any way in which your superior wisdom may