Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-09-15
GOVERNORS MESSAGE.
ENEcUTlyE DEPARTMENT., So. CA, }
Columbia, Sept. 4, 1866. {
Gentlemen Of the Senate and House Of RcD.
:escntu!iues

:cSCNttSsSCe3
l hsve osuvencd tho General Assemble ;r
IN extraordinary session, for the purpose Of
recommending such notifications of existino
laws with reference to persons Of color as will
ehtitie the tribunals of this State to exercise
J"rHu'ctioh over them in all cases such a
reorganization of these tribunals ns NAV bc
best adapted to this end such enactncnts us
Will effect greater certainty, as well us ccono.
my, III the punishment of crime amongst all
classes; and lastly, such measures of relief
as, in my Judgment, arc necessary, in yicw
OF tho present condition Of the people.
1t Is striking anomaly, that moro than
one.half OF all the inhabitants of tho State
arc not amenabIc to trial before the State tribu.
mails, and nrc exempt from all liability to pun
'shment under State laws. In n n,nioritv of
the Districts, neither Provost nor frccdmep's
Courts are in existence, aud persons of color
perpetratc crime with impunity Some Of
their Crsvcst offences against society are tried
before military Commissions, but the lonr
delay in bringing the criminal 70 Justice the
necessity ottentimcs of removing him to q
reulote place, where Commission is orpyn.
'zed tor trial, the difficulty of securing the
attendance of witnesses, and the expense de-
VOWED upon the prosecutor, conspirc to rem
der such tribunals wholly inefficient in pun
ls!i'nS tho guilty, or dctcrring others from per
pctrating crime.
Where Provost Courts arc organized, the
punishment imposed on freedmen for crime
aro not in conformity to our laws, and nr,.
much lighter than punshmcnts imposed by
State Courts upon white men for the same Of.
fences. Tho laws of every well.rerulatcd
State should operate cqunlly upon all the in.
habitants and if white man is punishable
by death fer arson or burglary, there is no ius
.t'ce or rrnpr:ety i'll permitting freedman to
cscspc f"r like offence with iiue or light
Imprisonment. When our laws are so mod;.
hed that nil persons may bo tried hnfnrc iln
"A"" tribunal, ""d, .,lu,I 1vuytcsiurl, subjected
10 the same punishment for. the came class of
sffcnccs. all reason for the interfcrcnccs of Fed
eral authority with tho administration of ius
tice will have ceased, and nc ;n.peaimcst will
exist to the jurisdiction of the State Courts
over all cases, civil and crimual.
In the series Of Acts, passed in December
last, known as tho Code, there are various dis
examinations against freedmen, which should
be repealed, and civil rights and liabilities as
to crime should be accorded to all inhabitants
alike.
The last section of the Act to establish
District Courts provides that "thc Judges
elected under this Act shall not be commits
stoned until the Governor shall be satisfied TINT
they will be permitted to exercise jurisdiction
committed to them"
The Judges have not been commissioned
havi:g satisfied myself that they would not
ho permitted by tho military authorities to OK.
crc'se jurisdctien over persons of color, which
WAS the main purpose in establishing the
Courts. The District Court may, however.
he madc invaluable, by increasing it's iuris
diction in civil, and restricting it in criminal
cases to offences punishable with loss than
dcnth, thereby relieving the superior Courts
Of many cases which rctard the despatch of
more important business.
l therefore recommend that the sittincs of
tho Court be quarterly, or oftcncr if ncccssa.
~; that all misdcmcanors and fclonics nov.
punishablcby fine, imprisonment or whipping.
ny %homsoover committed, be tried in that
Court thet all felonies punishable by death,
including tho diffcrcnt degrees Of homicide, be
tried by the Court Of General Sessions that
tho offices Of grand jury be Dispensed Will
in the District Court, and defendants tried on
indictment without prescntment or true bill !;
that, with the consent of the parties in civil
cases, or Of the defendant in criminal cascs,
the presiding Judge may hear and determine
any cause or indictment without the intervell.
tion of a petit jury; that tho petit jury shall
consist Of twelve, and the vcnirc of eighteen /;
that in case Of the acquittai Of the defendant,
theJ udgo be authorized to ccrtfy,if in his
opinion the facts justify it, that tho prosccu.
tion was frivolous or groundicss, and when
such certificate is given, that the prosecutor
70 liuble for all the costs incurred that no
other security to prosecute be required by a
Magistrate from complainant than his own
rocognizanoo; that the jurisdiction of the
Court in OWL cases be extended to 5000; and
that the jury be paid for their services by a fee
taxed on each case they may try
by the thirtieth section Of the {" ACT to es
tablish District Courts" +" it is provided :" thnt
in every case, civil and criminal, in which q
person of color is party, or which affects the
person or property Of a person Of color, per
sous of color shall be competent Witnesses >