Delaware State journal and statesman., 1867-01-04

prosecuted TO SUCCESSFUL completion by corporate
and individual enterprise Regarding these
works Of internal improvement as OF incalcula-
BILE benefit to the State, commend them to the
generous consideration Of the Legislature, and
bespeak for them such action, with proper checks
and conditions, as may be necessary to secure
to them all proper rights and privileges.
The criminal Jurisprudence Of this State, as
applicable to the free negro population, in con-
sequence Of the unnecessary, unwise, uujustiha-
BILE and dangerous lntermeddling by the Federal
Congress with State institutions and laws, has
b come entirely inefficient, either for the preser-
vaton of the public peace or the prevention and
punishment of crime. II is we'll known to those
conversant with the prosecution and administra-
ton Of criminal law in this State, that q very
large proportion Of the cases brought before our
criminal courts occur among our negro popula-
ton.
In the early history Of the State II was found
necessary to provide punishment for certain
ohenses committed by negroes different from
that applied to white persons for the same Often
$685. This class Of persons, from deficiency Of
moral sense, and their disregard of the obliga-
tons imposed upon them by law, were found to
be inseusible to the disgrace which public
prosecution and conviction entailed upon white
men. The punishment, therefore, which wSs
terror to white men, had no effect upon them
consequently our criminal courts were occu-
pied term after term in the prosecution Of
this class Of persons, and very frequently OF
the same individuals for repettions Of the
same offences, and il therefore became neces-
sary TO the good Of society that a difference
be made in the punishment for FIRST and second
oifenses. Experience during the whole past
history Of this State has shown that the sale OF
of this class of our population into slavery as
punishment for crime, was not only the most
snluiary restraint against its commission, but
tho surest preventive against its repetition.
| The proclamation by the Secretary of State Of
the United States Of the passage and ratification
Of an amendment to the Federal Constitution,
abolishing slavery wherever it existed in this
country, has rendered this most sslutary provi-
sion of our State laws nugatory there is con-
sequenty no provision In our criminal code for
the adequate punishment of this class of per-
sons for some of the most serious oifenses known
to our laws. In addition to this, the enactment
by Congress Of what is known as the sCivil
Rights Bill" destroying oil distinction in the
punishment for the Same Offense, whether COM
mitted by whites or negroes, has, II thie law
shall BIO held by the courts to be constitutional
and valid, exempted the free negro population
of this State altogether from punishment for
certain oifenses The laws of this State have
wisely denied the coored population certain
rights and privileges accorded to white people
lnhabting the State. Among these is tue right
to own or have 10 their possession firearms and
ammunition. This policy, which the we'll being
Of society demanded, has, through long Pc
riod of our history, not only received the sane
ton of Legislative wisdom and approval Of public
sentiment, but has proved salutary in the pre-
servAtion of the public peace and good order Of
society. | earnestly commend this subject 10
the deliberate and thoughtful consideration OF
the General Assembly, and earnestly recommend
q careful revision Of the whole criminal code OF
the State as it is applicable to this class OF our
population. No law should remain upon our
Statute Book that cannot be executed. The
Constitution of the State provides that the uov-
ernor shall take care that the laws be faith
fully executed" | shall not shrink from this
duty but shall feel il incumbent upon me TO in-
sist that all laws Of this State, not adJudged by
competent authority unconstitutional, or in con-
fliot with some constitutional law Of Congress,
be faithfully enforced and executed.
Proper restriction upon the Immigration 70
this State Of negroes from other portions oil inc
country is demanded by the interests OF oil
classes of our people We have already q large
negro population in our midst, many OF whom
are iudolent aud worthless, subsisting upon the
labor Of others, and contributing but lltte 70
their own support Observation has taught US
! that with few exceptions the negroes coming
from other States are such as have fled from
Justice, or who add but little to the industry mud
labor Of the State. The laws upon our statute
books, upon this subject, have not been enforced
! and have deemed ii my duty to present 1t FOL
your consideration.
10 calling the attention Of the General AS
sembly 10 the condition Of our Criminal Code, o.
applicable to our negro population would no
suggest the enactment Of laws uhnecessarll!
) harsh or severe to remedy the defects pOinte'
out. On the contrary, while it is paramount
= duty on the part of the Legislature 10 provld
/ for the proper and adequate punishment o
' crime by law, it would not be 10 consonano
= with the dictates Of humanity or the Hentimen
: Of our people that punishments dispr0portinat
E to the oFense committed should be inflicted
3 any clasb of persons in this State.
+ 10 this connection desire to submit to th
c Legislature whether the wants and interests G
J. the State, the certainty of the punishment Q
= crime, and the claims of humanity, would nc
IS oil be promoted by the establishment Of Peni
e Tertiary, Of moderate dimensions and cost, an
c at some convenient point, where convicted Grim
& mails, by judioiOus system Of labor, might b
II made 10 contribute to their own support, whel
II their physical and mental condition might b
Of better cared for. aud where moral instIuctio
and discipline, with view to ultimate refo
"a nation might DO more Advantageously al
al ministered There are now confined in Il
n county jals of the several counties in this Sta
10 number of persons under sentence of imprisOl
4 ment-some for life, others for term of year
- Thus situated, they cannot be made to oontribut
O. by labor, to their own support, but live life
az idleness confined to the limits Of narrow cell
"a badly ventilated, and calculated to engend
is disease and impair the general health. Exp
ct rienoe has proved that oonviots thus situate
re- after having served out long term Of impriso
| ment, were generally discharged broken dow
ct in health, and with ruined constitutions becor
pnhlfo nh durino N holanna nf THAR liuf
he | submit this subject to the General Ascend
Nv in the belief that they will give to ii the intel
to gent consideration which Its Importance
n. mands.
u. deem it my duty to present for the consit
,r- ration of the Legislature the condition Of I
n State Library, and Office Of the Secretary
lid State. The capacity of the room appropriat
ny for the purposes of the library is entirely
.te sufficient There are now packed up aud {
posted in the garnet of the State House, laI
mn numbers ofvalusble books, for the want of spt
,n in the library to receive them l suggest Il
H. the interest of the State demands that such {
IA ditional room be provided as will enable
l Io Librarian to keep the books in proper state
nv preservation, and convenient for reference 0
,ne use.
mo The office Of the Secretary Of State, which
lr- the only room appropriated to the Exeout
BILE Department of the State, has also become
EN- crowded as to render it impossible for that o
all, Ger to keep the records and other State pap
ail- in proper condition, and accessible for rel
the euce. therefore recommend the Legisat
ers to make such provision for this department
ris. the interest OF the State demands.
by The defenseless condition of the people of
Iih. State is a subject Of frequent remark by m
lew Of our most thoughtful citizens. II is know
Viii the members of the General Assembly that
an the arms Of this State were, during the
ads civil war, taken beyond the limits Of the 81