The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-09-08

fore the same tribunal and upon conviction
subjected to the Same punishment for the
same code of offences, all reason for the in-
reference Of Federal authority with the ad-
ministration Of justice will have ceaeed,
and no impedment will exist to the jurisdic-
tion OF the State Courts over all cases, civil
and criminal
In the series of Acts passed in Dec 0 nber
last, known as the Code, there are various
discrimination against freedmen which
should be repealed. and civil rights and lia-
bilities as to crime should be accorded'to all
inhabitants alike.
The last section of the Act to estaBlin,
District Courts provides that ''the Judges
elected under this Act shall not be oommis-
stoned until the Governor shall be satisfied
that they will be permitted to exercise the
jurisdiction committed to them. The Judg-
es have not been commissioned, having
satisfied myself that they would not be per.
mitted by the military authorities to exer.
oise jurisdiction over persons Of color, which
was the main purpose in establishing the
Court. The District Court may, however,
be made invaluable by increasing its juris-
diction in civil and restricting it in crimi-
nal cases to offences punishable with less
than death, thereby relieving the Superior
Courts of many, cases which retard the dis
patch Of more important business.
therefore recommend that the sittings of
the Court be quarterly, or oflener if neces-
sary: that hll misdemeanors or felonies now
punishable by fine, imprisonment or whip
ping, by whomsoever committed be tried by
that Court; that felonies punishable by
death be tried by the Court of General Ses-
sions that the Offices Of brand Jury be
dispensed with in the District Courts, and
defendants tried on Indictment without pre-
sentiment or trae bill that with the consent
of the parties in civil cases, or of the defend
ant in criminal GASES, the presiding Judge
may hear and determine any cause or in
dictment without the intervention OF the
Petit Jury that THO Petit Jury shall con-
sist Of twelve, and the venire of eighteen
that in cases Of tho aoquttal of the defend
ant, the Judge be authorized to certify, if
in his opinion the facts justify it,, that the
prosecution was frivolous or groundless,
aud when such certificate is given that the
prosecutor be lieble.for all the costs incur.
red than no other security to prosecute be
required by q magistrate from complains
ant that his own rscognizance that the
jurisdiction Of the Court In civil cases be-
extended TO, two hundred dollars, and that
the Jury be paid for their services by a free
tr1 on each case they may try.
BY the thirteenth section Of the "Act TO
Establish District Courts" 1t is provided
'that in every case; civil and criminal, in
which aperson Of color is q party, or which
affects the person or property of q person of
color, porsons Of ctlor shall be, competent
witnesses. The accused in such criminal
case, and tho parties In every such OWL
case. may be witnesses, and so may every
person vino Is D e1lapetent Witness" SO.
The first PARAGRAPH Of the section admit
ting persons of color to testify in oil oases
where themselves or their race are directly
interested, and excluding them by implica
tion In oil cases where they are not interest
ed, cannot be reconciled with sound policy
or just Discrimination. They are admitted
in that class Of cases where their interest,
sympathy, associations and feelings would
be most likely to 1pervert their consciences
and invite to falseiswearing and are exclu:
ded from testifying in all cases where no
motive could exist to swear falsely, except
that of q deprdyed heart The distinction
Is illogical and indefensible, and it cannot
be denied tha, it has foundation in preju.
dice against the cqsie Of the negro. If the
rules Of evidence IN all the courts were 80
modified as to. make all persons aud parties
competent witnesses in their own and all oth-
er cases, no possible danger could result
from 1t. Many Of the States of the Union,
and several Of the civilized countries Of
the Old World have tried the experiment,
and the result proves that the cause of truth
and justice has been thereby promoted
The objectof every judicial investigation is
to ascertain the truth, and, when found, to-
dispense justice in. conformity thereto.
With intelligent judges and discriminating
juries, correct conclusions will be more cer-
tainly attained by hearing every fact, what
ever may be the character or color Of the
witness
In the second paragraph of the section
already quoted, the General Assem- bly, have
reached tho same conclusion; for in all
cases were persons Of color are allowed to
testify, all persons, including parties, are
declared competent Witnesses. Would il
not be eminently wise to adopt the came
rule In all Courts and extend l. TO all p er.
sons? 81,
In civil cases the testimony of persons of
color is ofteniimes requisite to elucidate the
the facts and secure just decision. They
constitute majority Of the entire popula-
ton OF the State, and Of necessity are often
sole witnesses Of contracts sand transao.
tioBs between white persons. Shall the