The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-09-13
GOVERNORS MESSAGE.
EXECUTIVE DEPARTMENT, S. c..
COLUMBIA, Sept. 4, 1865.
Gentlemen of the Senate
and House of REPRESENTATIVES

have convened the General Assembly
in extraordinary session, for the purpose
of recommending such notifications OF
existing laws with reference TO persons, OF
color as will cntitlc the tribunals OF this
State to exercise jurisdiction over thom
in all cases such reorganization OF
these tribunals as may be best adapted TO
this end; such enactments as VIII ehccO
greater certainty, as well as economy II, II,
the punishment of crime amongst al
classes; and lastly, such measures OF re-
lief as, in my judgment, are necessary, IN
view of the present condition OF the peo-
Iti a striking anomaly, that moro than
one-half of all the inhabitants Of the State
are not amcnable to trial before the State
tribunals, and are exempt from all liability
TO punishment under State laws. In
majority of the Districts, neither Provost
nor freedmen's Courts are in existence,
and persons of color perpetrate crime with
impunity. Some of their gravest offences
against society arc tried before Military
Commissions, but the long delay in bring
ing the criminal to justice, the necessity
oftentimes of removing him 10 remote
place. where Commission is organized
for trial the difficulty of securing the at
tendance of witnesses, and the expense
devolved upon the prosecutor, consplre to
render such tribunals wholly inefficient in
Furnishing the guilty, or detcrring others
from perpetuating crime.
Where Provost Courts are organized,
the punishments imposed on freedmen for
crime are not in conformity to our laws,
and are much lighter than punshments
imposed by State Courts upon white men
for the same offences. The laws of every
well-reguated State should operate equal
" upon all the inhabitants, and if whito
man is punishable by death for arson or
burglary, there is no justice or proprrlcty
in permitting freedman to escape Tor a
like offence with fine or light imprlson,
ment. When our laws are so modified
that all persons may be tried before the
same tribunal, and, upon conviction, sub
iected to the same punishment tor the
same class of offences, all reason tor the
interference of Federal authority with the
administration of Justice will have ceased,
and no impediment will exist to the Jurls-
diction of the State Courts over all cases,
civil and criminal.
In the series of Acts, passed in Dccem-
Der last, known as tho Code, there arc
various determinations against freedmen,
which should be repealed, and civil rights
and liabilities as to crime should be ac-
corded to all inhabitants alike.
The last section of the Act to establish
District Courts provides that "the Judges
elected under this Act shall not be COM
missioned until the Governor shall be sat
isied that they will be permitted to exer-
else the jurisdiction committed to them"
The Judges have not been commissioned,
having satisfied myself that they would
not be permitted by the military authorl-
ties to exercise jurisdiction over persons
of color, which was the main purpose in
establishing the Courts. The District
Court may, however, be made Invaluable,
bv increasing it's jurisdiction in civil, and
restricting it in criminal cases to offences
punishable with less than death, thereby
relieving the superior Courts Of many
cases which retard the despatch of more
important business
therefore recommend that tho sittings
of the Court be quarterly, or ottoncr, if
necessary; that all misdcmcanors and
felonies now punishable by fine, imprison-
ment or whipping, by whomsoever com,
mitted. be tried in the Court; that all
felonies punishable by death, including the
different degrees of homicide, be tried by
the Court Of General Sessions; that the
Offices of grand jury bo dispensed with
in the District Court, and defendants
tried on indictment without presentment
or true bill; that, with the consent OF the
parties in civil cases, OF Of the defendant
in criminal cases, The presiding Judge may
hear and determine any cause or lndlct-
ment without the intervention Of a petit
Jury; that the petit jury shall consist OF
twelve, and the venire of eighteen that
in the case of the acquittal of the defen-
dant, the Judge be authorized to certify,
if in his opinion the facts justify it, that
the prosecution was frivolous or ground
less. and when such certificate is given,
that the prosecutor be liable for all the
costs incurred; that no other security to
prosecute be required by Magistrate
from complainant than his own recog-
nizancc; that the jurisdiction ofthe Court
in civil cases be extended to $500; and
that the jury bo paid for their services by
a fee taxed on each case they may try.
By the thirtieth section Of tho "Act to
establish District Courts" it is provided
"that in every case, civil and criminal, in
which q person of color is a party, OF
which affects the person or property of a
person of color persons Of color shall be
competent witnesses. The accused in
such q criminal case, and the parties in
every such civil case, may be witnesses
and so may every other person who is
competent witness, etc"
MI s,,a+ NOM nranh of this section. ad