Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-09-20


an apprehension unreliable Would it not
be more in accordance with an established
rule to receive the evidence and weigh its
value ? In the law of evidence the charac-
ter and standing of a witness goes to affect
the credibility 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-
depraved white men, and past experience
teaches that he is employed to execute the
most dishonest purposes, and with impu-
nifty to the principal, because of his exclu-
sion as a witness from the courts of Justice
The shrewd and cunning continue to put
the negro forward in the commission of
crime, and they &c unwhipt of justice be-
cause the law forbids that the testimony of
the negroe shall be heard. Does not the
exclusion of persons of color make them in
valuable accessories to the perpetration of
crime How can society be protected
against that large class of infamous crimes
now so prevalent in this State unless, by
making the negro competent witness, we
avail ourselves of all accessible evidence to
convict the offenders and will the law of
dishonest to further attempt and corrupt
the negro? The well-being of the State
materially depends upon the elevation Of
this class OF our population, and if there
was no other argument in behalf of their
admissability to the courts, the tendency of
such measure to elevate their moral and
intellectual character would be sufficient
The dishonest may object to the extern
sion of this right to all cases, because it re-
duces the field for his nefariOus operations,
but if tho good and virtuous are protected
society is amply compensated for the change
Men of probity and integrity have no rea-
son to apprehend any evil consequences
from the change The discrimination of
intelligent judges and juries will be q shield
against unjust charges, supported by false
swearing, and the same intelligenc will bring
the really guilty to condign punishment
The great increase Of crime among the
freedmen. and the inadequate punishment
inflicted by the existing tribunals makes it
high and important duty devolved on you
to so modify existing legislature as will Sc
cure a transfer of jurisdiction to the State
courts If the suggestions I have made do
not meet the approval of your judgment, [
will cordially cooperate with you i'll attain
ing the end in any way which your superb
Or wisdom may indicate.
The prevalence of crime among the
whites, as well as blacks, in every part of
the State, admonish us that the criminal
code is defective, and that the punishments
imposed by it are inadequate to deter Of
tenders. 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 repugnance of juries
to convict and impose that fearful penalty,
except for murder and two Or three other
enormous crimes against society, often en-
ables the guilty to escape under the most
triffiing pretext, and even when persons
are convicted in such cases, the verdict is
usually accompanied by recommendation
to Executive clemency.
After recommending the establishment
of a penitentiary, the more rigid enforce
ment of the vagrancy law, the passing of
some measures for the relief of debtors in
consequence of the setting aside of the
Stay law (which action of the Supreme
Court by the way, the Governor approves
the adoption of plan for meeting the dis
tress which will be occasioned by the fail
ure of the provision crops, and the suspen-
sion of the Capitation tax upon freedmen,
the Governor concludes
The work of reorganization and recon
struction is progressing slowly but steadily.
Our Senators and Representatives have not
been admitted to seats in the federal Con-
gress, and we have received no relaxation
from onerous taxation Notwithstanding we
have been denied representation. It is be-
ieved, however, that our fellow-citizens in
the North and West will not much longer
permit this fragrant injustice to be contin-
ued. The State government is entirely re-
organized. The law courts held their re-
gular sessions in the spring, and despatch
ed much business which has been accumu-
lating for years, and very generally cleared
the criminal dockets. The courts of chan
Gerry have also been regularly held in all the
circuits The machinery of justice is in
full operation, and private rights and pub
lie wrongs can be enforced and punished.
However much all may deplore that the
progress of the State has been retarded, and
its prosperity paralyzed by loss of fortune
and credit, and by short crops, the wise
and manly course for our people is to re-
double their energy, Danish unavailing re-
grets, meet adversely with stout heart and
brave hands, and through the approving
smiles of gracious heaven, our venerable
mother will again be prosperous, and her
children contended and happy.