Abbeville press. [volume] (Abbeville, S.C.) 1860-1869, 1866-09-14
N. ABBEVIIIE, S. c., FRIDAY, SEPTEMBER H. 1866


have tried the experiment. nnd 'h" result prove,
that the cause Of truth and justice has been
thereby promoted. The object Of every judicial
investigation is 10 ascertain the truth. and wlru
found, 10 dispense justice in conformity thereto
+, With intelligent Judges and discriminating ju-
rics, corrcc, conclusions will be more certainly
attained by hearing every fact, whatever may
be the character or color Of the witness.
In tho second paragraph Of the section
already quoted, the General Assembly have
reached the same conclusion: for in all eases
where persons Of color are allowed Ia testify, all
persons including parties. arc declared co,n,c-
tent witnesses. Would it not he cmn.n,Iy wis.
10 adopt the same rule in all Courts, and extend
it to all persous9
In civil cases, the tcsIlmonv o persons ur col
or is ottcntiincs requisite to .lurilatr the facts
and secure II Just de cision. They constitute Il
majority of the entire population OF tho state.
aud of necessity nre often sole Witnesses of con
tracts and transactions between white persons
Shall the parties III such cases be denied Justice,
hy excluding the only evidence to secure it, be
cause Of apprehension that it may be in n meas.
urc unrc!Iahlei Would it not be more in ac-
the evidence and weigh its vaue2 In The law
Of eviIcncr, the character aud standing Of n
witness goes 10 affect his cre,IiJii,v, and not
his competency. Why not. in the case of the
person OF COLOR follow this rule to its logical con-
clusonsl
In criminal cases, these considerations weigh
with peculiar force. The negro is readily de-
ccivcd and corrupted, nnd becomes un easy prey
to the Vaccinations of dcpravcd white men :;
and past experience teaches that he is employed
to execute the most dishonest purposes, and
with impuniiy ID the principal, Lccau.e Of his
exclusion "a witness from the Courts of Justice
The shtewd and cunning continue to put the
negro forward i'll the commission of crime and
they go unwhrrcd of justice, because the law
iost:s THAT Tie testimony Of the negro .I,all be
heard. Does not the exclusion Of persons Of
color make them invaluable accessories to the
perpetration Of crimel How eau society he
protected against That large class of infancus
crimes now so prevalent in this State, unless by
making the negro competent witness, we
avail ourselves Of all accessible evidences to con-
vict the ofIendcrs And will the law of the
State cont ;nue TO offer Il reward to .he dishon.
eat to further tempt and corrupt the negro 2
The well being Of the State materially depends
upon the elevation Of this class Of our popula-
ton, and if there was no other argument in be-
half of their admissibility to our Courts, the
tendency Of such q measure TO elevate their NOR
al and intellectual character would he sufficient
The dishonest may object TO the extension of
this right to all cases. because i, reduces the
Eol6 f,,r otS 1,,t :f,l.
and vrtuous nrc protected, society is amply
compensated for tho charge. Men of problty
aud integrity have reason to arprehend any
evil consequences from the change. The dis
elimination OF intelligent Judges and juries will
be q shield against unjust charges supported by
false swearing, and. the same intelligence will
bring the really guilty to condign punishment
The great increase Of crime among the freedmen,
and the inadequate punishment inflicted by ex-
isting tribunals, make it high and important
duty devolved Oh yon 30 to modify existing leg.
islution as will secure transfer Of Jurisdiction
to the State Courts If tho suggestions have
made do not meet The approval Of Your judg-
ment, will cordially cooperate with YOU in
attaining the end in any way which your supe-
rior wisdom mny indicate.
The prevalence Of crime among the whites, as
well as blacks, in every part of the State, ad-
monish us that the criminal code is defective,
and that the punishmenls imposed by it are in
adequate to deter offenders. The penalties at
tacbing to crime ore fine, imprisonment, whip
ping 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 TINT fearful penalty, except
for murder and two or three other enormous
crimes against society, often enable the guilty
10 escape under the most trifing pretext: and
even when persons are convicted III such cases,
the verdict is usually accompanied by recon-
meme dation to executive cleInency.
There is no proper punishment, under the
laws of this State, for high nsdcmeenors and
petty felonies. None Of the jails Of tho State
are constructed for work. houses and convicts
sentenced to imprisonment spend their time in
idleness. The expense to the State is very
great, and, in our impov verished condition, the
people cannot well bear the heavy taxation ne
cessary to support these convicts in idleness
There are many convicts who find themselv es
comfortably housed and well fed, and who, ex-
as punishment. They are vicious. de-
praved non.producers; and the. effort to
punish them is really punishment TO the
honest taxpayer, whose labor. in part at
lsahs, is given to support then, in, Incidence.
The number of conyicts will hereafter be great
ishments be continued. the appropriations to jail.
ors for dieting prisoners will he greater thasiaks
expenditure for either Of Tho departments Of the
State Government To remedy all theae evils,
respectfully recommend that you provide for the
establishment Of penitentiary, at Colum bia,
and appropriate mot lees than SEQ, 900 10 erect
wall around the penitentiary buidingr, and to
make cells for conyicis. Much of the labor in
erecting, the necessary buildings, can be
performed by the 5cons.cts themselves. If o
favorable site should be selected. conyenisnt
To- snfHcient. water power TO drive all che
machinery that may be .requisite 10 carry
on mannfactnfes in wood, leather, IRON; yarns
and clo.h the psaitsriisrs. may be- iioada
nearly i not quite self-supporting. Pnnist4
ments may then. bs imposed according 10 the
etlofn'fty Of ths offence juiea viii have no
svsrsion TO conyisting iis guilty and conYfcts,
while, undergoing Pusgation Tor ttiefs crinsS,