Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-11-30

OF the CONSTITUTIONS, which declares that
the District Court shall have jurisdiction
tYof all cases in which person of color is
interested, or to which he is party. The
Civil Rights Act, passed by the Congress
of the United States, which must be res
respected and obeyed until pronounced un-
constitutional by the Supreme Cour, of the
United States, gives tho person Of color
the same rights IN all the Courts, State as
well as Federal, as are enjoyed Ly the white
race, and so long as white persons are
lrlable only in the Superior Courts for fel.
ony, The same privilege must be accorded
to persons of color, notwithstanding the
supposed p.ohih.tion in the State Constiiu-
iion, as the Constitution Of tho United
States, and the laws passed in conformity
thereto, Is the supreme law of the land.
1t the Civil Rights Act should hereafter
be declared unconstitutional by the Su-
preme Court, or should it lie repealed bv
Congress, the question under the State
Constitution might then be full of en-
barrassment.
CRIMINAL LAW.
The establishment of a Penitenlary re-
I4nircs material changes in the punish
mcnts imposed in the Criminal Law
Murder, arson and rape should be punish
cd by death. The numerous catalogue of
felonies punishable by death, Some with
ard some without the benefit of clergy,
should be abridged, and confined at hard
labor in the Penlentiary be substituted, in
most cases. The extreme penalty attach.
ing to many Of !hcse felonies is revot,ng
To humanity, aud jurieS not un!rrqnenlIy
fail to find real Offenders guilty, beral,s.
the punishment s made, by its enormilv.
d'sProPcrtionate to the offence. I 1t should
be left discretionary with the Julges in The
Superior and District Cour's to puniah by
imprisonment at harl labor IN tho Peni
ten'iary, or by whipping in all cases Of lar
ceny. Punishment by the lash is so de-
grading, that it should lie imposed upon the
most iucorrigible offenders alone. A. con.
vict who serves out his term of mprisou.
ment in The Penilentiary, even for'an infa-
nous offence, may reform; but one who
has been whipped at the public whipping
post, must be overwhelmed with such a
sense of shame and degradation, that he
cainot command moral courage sufficient
to enable him even TO make all ,Iiort ut
reformation.
feei it incumbcpt on me to call your
attention, specially, to tls gross neglect Of
duty, on the part of some Of tho She.iffs
and Jalors i'll this State in allowing prison
ers to escape from their custody. Unoili-
cial Information has been received that
nearly seventy prisoners have escaped from
the jails Of this State since their custody
was turned over by the military to the
civil authorities. Some of these criminals
were under sentence Of death, and many
were charged with the highest crimes
against society. Every effort to enforce tho
Criminal LAW, and suppress crime, must
be unavaihg, unless the custudans of
prisoners who have been arrested and con-
ti"ed il Jail act with more vigilance and
fidelity. The existing law pronouuces the
most rigorous punishment against Sherllfs
aud Jailors for voluntary or negligent es
capes, and it is found wholly Inadequate to
arrest The growing evil. 1t is difficult to
satisfy Il Grand Jury That their friend,
whom they have ai]td:to elect Sheriff, or
!tshiEagent, the JaiIor, would. d.pernit Il pris-
'isaner to- escape-.their. good Will toward
tue delinquent leading them to be read
| lily satisfied that the escape resulted
from the insecurity of the Jail. 1t is even
more d'ifirnlt toseourethe presenlment Of
the Commissioners Of Public Buildings for
I their eglect of duty, in falling to make the
jail secure, and hence the public suffer
without remedy. When a bill Of inaivt-
ment IS found, it is straversed, and when
4 the deietidsnt Is finally brought to trial.
positive proof cannot be offered that the
escape was yon"tasy or negligent, and the
! defendant is acquitted. lhe-General As,
setnbiy. since 1885, has" been almost an
nuaiy passing la~s, 10 enforce the per
formauee by SherIffs Of their duty in civil
sDa Criminal mattsrs, and .tbs ehd Is as far
~ when, the legislation 4 on. this subject
I commenced, pbefe js hut eeds s,neaps Of
/, efsc.iug cure for ttis chronic tiseabarit
js 20 ptoy,ds By ilkwz for this. ssfnaisry ~.
fsnoval' IL IL Sheriff. either .hrSaeh tas il.
: 4aioiai or sa.cutiys depas lmsasof .hs Coy.
sln,nsn,, Sr sinfai snd ,psrs,.lsns nsglse,
o datS, Sf faf inisfessapee Or iaiisasaatc:,s
lIn sxsstsieR his The fssss 10 i,awp,e. ,s 3