Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-09-15

ting persons of color to testify in all Gus,
where themselves or thcir race are drectl
concerned, and excluding them by implicat;o
III all cases where they are not Interested. on,
not be reconclcd with sound policy or in,
disorimination. They are admitted in lii,
olns' Of cases whero their intercst, sympath,
association and feelings would be most likeI
70 pcrvert their conscicnces and Invite to falls
swearing, and are excluded from testifynp i
~, o%eeH whore no motive could exist to sven
falsely, except TINT Of depravcd heart III
distinction is illogical aud indefensiblc, and
cannot be denied that it has its foundation i,
prejudice against the caste of the negro. I
the rules oi evidence in all the Courts werc 81
modified as to make all persons and parlic
competent witnesses in their own and all 9th
er cases, no possible danger could result from
It, Many of the States of the Union. ont
several of the civilized countries of The mir
world, have tried the experiment, und the re
suit proves that the cause of truth and iustic,
has been thereby promoted. The object o.
every judicial investigation is to ascertain tn,
| truth, and when found, to dispense Justice il,
conformity thereto. With Intelligent Judges
ard discriminating juries, correct conclusions
Will be moro certainly attained by hearing cy.
cry tact, whatever may be the character OF
color of the witness.
In the second paragraph of the section al
ready quoted, tho General Assembly have
reached the same conclusion; for in all cases
@hcrc persons OF color arc allowed to testify,
all persons, including parties, are declared
competent witnesses. Would it not be cmi.
nentiy wise to udopt the samo rule in all
Courts, and extend it to all persons
In civil eases, the testimony Of persons Of
color is oftentimcs requisite to elucidatc tho
facts and secure just decision. They con
stitute majority Of the entire population of
the State, and Of necessity arc often sole Wit
nesFss OF contracts and transactions between
white persons Shall the parties in such cases
ne denied justice, by excluding the only cvi-
dcnce to secure it, because of an apprehension
that it may bein measure unreliable Would
scd rule, to receive sa with an estab
it's value? In the law Of evidence, tho char
actcr and standing of witness goes to affect
his crcdibiity, und not his competency Why
not, in tho case Of the persor of color, follow
this rule to it's logical conclusion 2
In criminal cases, these considerations weigh
with peculiar force The negro is roudily de-
ceivcd and corrupted, and becomes an easy
prey to the Vaccinations of dcpravcd white
men; and past experience teaches that he is
employed to execute the most dishonest pur-
poses, and with in'punity to the principal, be-.
cause OF his exclusion as witness from the
Courts of justice. The shrcwd and cunning
continue to put the negro forward in the com
mission OF crime, anu they go unwhirpcd of
Justice. because tho law rorbids that the tcsti-
mony of the negro shall be heard. Docs not
the exclusion of persons of color make thcm
invaluable accessories to the pcrpctraton of
crimo7 How can society be protected against
that large class of infamous crimes, now 80
prevalent in this State, unless by making the
negro competent witness, VIC avail ourselves
! of all accessible evidence to convict the offend
ers And will the law Of the State continuc
| to offer II reward 10 the dishonest to further
tempt and corrupt the negro? The woll-bcine
Of the State materially depends upon the ele
vaton Of this class Of our population, and il
there was no other argument in behalf Of t!cii
adnlssability to our Courts, the tendency OF
| such measure to elevate their moral and in
tclectual character would be sufficient.
The dishonest may object to the extensioH
Of this right TO all cases, because it reduces tn.
held for his ncfarious operations, but if tn,
good and yirtnnna rratcoted, society i
amply compensated for the change Mon o
| T'roh!ty and integrity have no reason to appre
hcnd any evil consequences from the change
Tho discrimination of intelligent Judges ant
jurics will be shield against unjust charge
supported by false swearing, and the same in
telligence will bring tho really guilty to con
dign punishment The great increase of Grim
among tho freedmen, and the inadequate pun
ishment inflicted by existing tribunals, max
it u high and important duty dovolvcd on yo,
to so modify existing Legislation as will sccur
transfer of jurisdiction to the State Courts
If the suggestions I have made do not NEE
the approval Of your Judgment, will cordial
ly cooperate with you IN attaining tho end i
any way which your superior wisdom may in
dicate.
The prevalence Of crime among tho whites
MS well as blacks, in every part of the State
admonish us that the criminal code is dcfet
tive, and that the punishments imposed by
are inadequate to deter Offenders. The per