The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-09-13

y
feelings would be most likely TO pcrvort
their consciences and invite to false swear
ing, and arc excluded from testllylng IL. III
ali cases where no motive could eNis1 M ~ -
swear falsely, except that OF acPraS &C. Gu
heart The distinction is Illogical anu M =
dcfcnsible, and it cannot be denied lhat ~ !.
has its foundation in prejudice against
tho tho caste of tho negro. If the rules OF
evidence in all the Courts wcro so modl-
fed as to make all persons and parties
comnetent Y witnesses in their own and all
other cases, no possible danger could re-
sult from it. Many of the States OF tho
Union, and several of the civilized coun-
fries of the old world have tried the OK
pertinent. and the result proves that tho
cause of truth and Justice has been thereby
promoted. The object of every judicial
invcsti CATION is to ascertain tho truth,
and when found, to dispense justice IN
conformity thereto. With intelligent
JUDGES and discriminating jurics, correct
conclusions will be more certainly attain
ed by hearing every fact, whatever may
be the character or color of the witness
Tn the second paragraph OF the section
already quoted, the General Assembly
have reached the same conclusion; for III
all cases where persons of color are allow
cd to testify, all persons, including parties:
are declared competent witnesses. Woulu
it not be eminently wise to adopt the
same rule in all Courts, and extend 1t 10
all persons?
In civil cases, the testimony Of persons
of color is oftentimcs requisite TO clucidatc
the facts and secure just decision. They
constitute q majority of the entire popu-
lation of the State, and Of necessity arc
often sole witnesses Of contracts and
transactions between 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 unreliable? Would
it not be more in accordance with an cs,
tablishcd rule, to receive the evidence and
weigh its valuc2 In the law Of evidence,
the character and standing of witness
goes to affect his crcdibility, 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 IN easy prey to tho Vaccinations
of depravcd white men; and past expert
ence teaches that he is employed to exc
cute the most dishonest purposes, and
with impunity.to the principal, because OF
his exclusion as witness from the Courts
of Justice The shrcwd and cunning con-
tinuc to nut the negro forward in the
commission of crime, and they so unwhip-
ped of justice, because the law torbids
that the testimony of the negro shall be
heard. Docs not the exclusion Of persons
of color make them invaluable accessories
to the preparation OF crimeY How can
society be protected against that large
class of infamous crimes, now so prcva-
lent in this State, unless by making the
negro competent witness, we avail our
selves of all accessible evidence to convict
the offenders? And will the law Of the
State continue to offer 4 reward to the
dishonest to further tempt and corrupt
the negro? The well-being of the State
materially depends upon the elevation OF
this class of onr population, and if there
was no other argument in behalf OF their
admissability to our Courts, the tendency
of such 4 measure to elevate their moral
and intellectual character would be sutli-
cient.
The dishonest may object to the cXtcn-
sion of this right to all cases, because ii
reduces the field for his ncfarous opera
tions, but if the good and virtuons arc
protected, society is amply compensated
for the change. Men of probity and in
tcgrity have no reason to apprchcnd any
evil consequences from the change. The
discrimination of intelligent Judges and
iuries will be shield against unjust
charges supported by false swearing, and
the same intelligence will bring the really
guilty to condign punishment. The great
increase Of crime among the freedmen,
and the inadequate punishment inflicted
by existing tribunals, make it high and
important duty devolvcd on you to so
modify existing legislation as will secure
q transfer of jurisdiction to the State
Courts. If the suggestions have made do
not meet the approval your Judgment, l
will cordially cooperate with you in at
tanning the end in any way which your
superior wisdom may Indicate.
The prevalence of crime among the
whites, rs we'll as blacks, in every part of
the State, admonish us that the criminal
code is defective: and that the punish
mcnts imposed by it arc inadequate to
deter offenders. 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; but the rcpugnance OF
iuries to convict and impose that fearful
penalty, except for murder and two or
three other enormous crimes against So
cicty, often enables the guilty to escape
Il -. i