Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-09-14
GOVERNORS MESSAGE.
EXECUTIVE DEPARTMENT.,
CoTMEIA, S. c., September 4, 1866
GcnkIflnCM Of In, ,SrunL

| have convened the General Assembly in
| extraordinary session, for the purpose of recon-
menIrug such modification of existing laws
| with reference 10 persons Of color as will entlr
! the tribunals Of this State TO exercise jurisdiction
| over them in all cases such reorganization of
these tribunals as may be best adapted To this end
| such enac:ncnts as will affect greater certainty
us well rs economy. in the runishncn, Of crime
| amongst all classes and lastly, such measures
Of relief as, in my judgment, are necessary in
view Of the present condition Of the people.
lis Il striking anomaly that more ,lan one
| half of n the Inhabitants of The State ure- not
amenaLe to trial before the State tribunals. and
are ex"mp, from all liability to punishment un-
der State laws In Il ma j"rtv the Dist ricts
neither Provost nor freetlmcn's Courts are ia
existence, and persons Of color rerrctrae crime
with impunity. Some Of their gruvcst offences
against society are tried before Military COM
missions, but tho long delay in bringing the
| criminal 10 Justice, the necessity oficnlimcs of
| removing him to a remote place, where Com
| mission is organized for un, The difficulty of
| securing the attendance of witnesses, and the
expense "cvolred upon the prosecutor, coEspirc
| to render such tribunals wholly inefficient in
Furnishing The guilty, or detcriing others from
perpctrating crime.
Where Provost Courts are organized, the nun.
ishments imposed OH freedmen for crime are not
in conformity 10 our laws, and are lnucl, lighter
than punishments imposed hy State Courts upon
white men for the same offences. The laws OF
every we'll regulated State should operate equal.
| ly upon all the inhabitants and if a white man
| is Punishable by death for arson or burglary,
there is no justice or proprcty in permitting
freedman to escape for q like oflsnce with n fine
or light imprisonment. When our laws are so
modified that all persons may he tried before the
same tribunal, and, upon conviction, subject ed
TO the SAME punishment for the came class Of Of
fences, all reason for the interference Of Federal
| authority with the administration Of justice will
have ceased, and no mpediment will exist to The
Jurisdiction Of the Slate Courts over all cuscs
civil aud criminal
In the series Of Acts. passed in December last,
known as the Code. there are various .iiscrimi-
nations against freedmen, which should be re-
peale, and civil rights and liabilities rs to crime
should be accorded TO al inhabitants ulike
The last section Of the Act to establish DIS
trict Courts provides that "the Judges elected
under this Act shall not be commissioned until
the Governor shall be satisfied that they will be
permitted TO exercise the jurisdiction committed
to them
The Judges have not been commissioned, hav
ing satisfied myself that they would not lie per-
mitcd by the military authorities to exercise
Jurisdiction over persons Of color, which was the
mnin purpose in establishing the Courts. The
District Court may, however, be made invalua-
bie. by increasing it's Jurisdiction in civil, and
restricting il in criminal cases to offences punish.
able with less than death, thereby relieving the
superior Courts of many cases which re,.fd the
despatch Of more important business
therefore recommend that the siitings of the
Court be quarterly, or ofener, If necessary thut
all misdemeanors and felonies now punishable
by fine, Imprisonment or whipping by whomso-
ever committed, be tried in that Court; that all
felonies punishable by death, including the diff
ferent degrees Of homicide. be tried by the Court
of General Sessions that the Offices of grand
jury be dispensed with in the District Court,
| and defendants tried OH indictment without pre-
| sentiment or true bill that, with the consent of
the parties in civil cases, or of tho defendant in
criminal cages, the presiding Judge may hear
| and determine any cause or indictment without
| the Intervention OF u petit jury; that the petit
| jury shall consist Of twelve, and the vcnire of
eighteen; that in case of the acquittal of the
| defendant, the Judge te authorized 10 certify if
in his opinion the facts Justify it, that the prose-
cution was frivolous or groundIess, and when
such certifcnte is givon. thut the prosecutor be
liable for all the costs incurred that no other
security to prosecute be required by Magistrate
from q complainant than his own recognizauce;
| That fhn snr;e ;ot;o A.
be extended to 5000; and that the jury be pud
for their services bya fee taxed each case
| they may try.
By the thiriieth section OF the "Act 10 estab-
iish District Courts" it is provided ".hat in every
ease civil and criminal, in which person Of
color Is party, or which affects ths person or
property ofa person of color, persons Of color
ahall be competent Witnesses" The accused in
such criminal case, and the porties in every
suoh civil case, may be witnesses, aud 90 may
every other person who is competent witness,
etc. ~.
The fst paragraph of this, section, admitting
persons Of color 10 teatify in all Ecases where
themselves or their race are directly concerned ;,
and excluding them by Implication ,iniall oases
where they are not interested, cannot be recon.
ciled with sound policy or just discrimination.
They are admitted in that class Of cases whers
their interest. sympathy, association and feelings
would be most likely to pervert their eonseiences
and invite 70 false swsaripg. and are excluded
from testifying in all cases where no motive
could oxist, to swear falsSIy, except thatef de-
PRAYED heart. The distinction Ii Illogical aud
indsfsnsible and Il cennpt Be denied ahat Il has
lie foundston in prejudice against ithe caste
Il al a. wa q. --e \ srg