The Lancaster ledger. [volume] (Lancaster, S.C.) 1852-1905, 1866-09-12
The Governors Message.

The Rtc hour at which we received a
copy Of this document precluies the pos
siblity Of publishing it entire this week.
The principal part Of the Message is ia.
ken up by suggestions and recommends
tions in regard to the Freedmen's Code
aud District Courts. The Governor rec.
ommCuds that the determinations in the
Code agans, Freedmen be repealed, that
civil rights aud liabilities as to crime be
accorded to all inhebi'ants alike. lie fur
ther recommends that negroes be declar.
ed competent witnesses in all Cases, civil
and criminal. Lie saws
In civil cases the TESTIMONY OF persons
of color is ut.enlirnes requisite TO eluc,ta,e
the facts ami secure q Just decision. They
constitute n majority of the entire popn
! latOu Of the S:ate, aud of necessity are
OXEN sole witnesses o. contracts and Trans
actions between whr peroons SbM the
parties in such cases hr denied Justice Nv
excluding the only evidence to- secure It
because OF An apprehension tina, it NAV
he measure unreliable Won i i. no,
| be more in accordance with an establish
ei rule 10 receive the evidence aud weigh
It's value In the law Of evidence. the
! character and standing Of n witness goes
70 affect his credhlltT, and not his com
potency. Why not in the case Of the
person Of color follow this rue to its log
lea conclusion
In criminal cases these considerations
weigh with peculiar force The negro is
readily deceived and corrupted. and he
q ms AN etsN pr-v 10 the rnachinaIiou.
Of depraved white men, and pas, cxper'
ence teaches hat ne is ernploved to exc
cute the most dishonest purpose. and with
impuuiDy to the principal, hec ,use of his
exclusion as a Witress ffom the Courts nf
Justice. The shrewd aud cunning con
t'nue 10 1nt The negro forward IN the
commission Of crime. aud they 90 un
! whipl Of Justice because the law forhiiS
! TINT The testimony of the negro shall hN
! heard. Does not the exclusion of Der,
sons Of color make them Invaluable ac
cessOries TO the preparation Of crime .
| How can society te protected against
that large clasa of infamous crimes now
go prevalent in this State unless. bv max
ing the negro competent witness, we
avail ourselves Of all accessible evidence
to convict the otf-nders2 And will the
laws Of the State Continue to offer ra
ward to the djshones, to further tempt
aud corrupt the negro? The well being
Of the State materially depknds upon tbe
elevation Of this class Of our population.
and If here was no ~her argument IN
behalf Of their adm sSibii'v To onr Courts.
the tendency Of such measure to elevate
their moral and intellectual character
would he sufficient
In view Of the great Increase Of crime
in the State, the Governor urges the es
tablishment Of Penitentiary as a meas
ure OF economy as well as TO prevent
crime.
lie aludes TO the late decision OF the
Court Of Errors upon the Stay law. He
concurs in the judgmen, OF the Cour, and
believes that ia exposition Of the cons,i
tutionsl question is unanswersbe He is
nevertheless in favor of relief to debtors.
aad makes the following suggestions
Believing that no Stay Law can be
passed embracing aniecedent debts, that
will not conflict with that clause Of the
! Constitution Of the United States. which
declares that mo State shall pass any
law impairing the obligation OF con
tracts" respectfully recommend for
your consideration, for the relief of deb,
tors:
]. That imprisonment for debt on
mesne and final process be abolished. OK
cep: IN case 9S fraud and then as pun
ishmeut for the crine, rather Than rs a
means Of enforcing payment Of the debt.
That no costs I've taxed agains, a
! defendant. either for the officers Of the
Court or for The attorney
81. That the Insolvent Debtors Laws
be so extended rs that any debtor NAV,
| by petition after doe notice, summon in
all his creditors, and upon assigning his
estate aud effects for their benefit. be dis,
| charged from all further Iiaiilitv. not only
To suing, hut 10 all oiber credis. Being
| thus relieved from the incubus resting on
him, the honest and euterprizing debtor
will 90 10 work with alacritv and prove
himself usefu me,nier of society.
The Congress Of TIE United States has
authority under the Constitution To p,.s
uniform laws Of bankruptcy. but there is
no prohibition upon the States. and as
! Congress has not exercised the authori,y
delegated to them. The states may. with
great proprieiy, pass such laws, aud lhev
VII continue Of force until Compress
adopts q general Bankrupt Act, which
you'd sufersede all State legislation on
the subject. The General Bankrup, Act
OF l941 passed wv the Congress OF The
United States. extended its provisions to
ansecedent deb;s, and its eonsrilyiioualitv
was notcoutrovericd hr the Courts. No
constitutional obslscls therefore would