The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-10-29
COLUMBIA, s.. c..
Thur. Ley Norning. October %, 1874.
A small oontroversy Settled.

A Small Controversy Settled.
We have felt very little interest in
the disquisitions which have been pit
forth on what is called the black code.
It was bill to establish aud regulate
the domestic relstiona of persons of
color, aud to amend the law in relation
to paupers and vagranoy. It was
passed n Decembst, 1865, aud the year
following, some of it's features which
were thought unjust and harsh we're
modified or repealed. It is unneces-
sary' TO discuss measure passed so
long ago. and under peculiar ciroum.
stances. whose provisions were swept
away by the next wave OF events
There is no doubt that the then pre-.
vailing circumstances called for excep.
tional egislation-that men stood on
shifting sands without being aware OF
it. Few men know whittier the lido
of revolution is tending. We talk and
legisiate to-day, in full confidence shat
We are in thought masters OF the stu
alton; but ten years honce, those who
may be upon the active stage, will be
sitting IN stern review Of what the
actors in present events plume
themselves upon. The ACT in ques-
ton may we'll take it's chances in the
future with large portion Of the legis-
lation which has succeeded it on the
statute books. We need not cite other
testimony to the necessity of restrain.
ing laws in 1865, than the confession of
the Union Herald. which, while seek
ing to make political capital out of it,
admits that at that time, when the
restraints OF society were loosened,
when the relations of two races wore
undergoing change, ''it was the right
and duty OF the General Assem- bly, to
enact suoh legislation as would have
tendency to check license, to prevent
disorder, and to preserve the public
peace." Suoh legislation, it confesses,
was already iu the interest of the
whole community, and particularly of
the recently emaucipatel slaves them
selves. towards whom reasonable re-
straint" should huve been regarded
without complaint. This reasonable
restraint, it was the object of the code
to apply, and it was modified as time
wore on. In the minds of all thought
fai and oonsiderato persons. the inten-
tions of the trainers of the Act are JUS.
titled as being good, and not to be af.
iected by the lapse of decade Of
years, or a hundred years.
Taking this view of the matter, it. is
OF little concern, in our judgment,
whether member OF the Legislature.
in 1865, voted for the bill or not. We
think no more highly OF those who op-
posed it than OF those who sustained
it. The only purpose in the world any
one has to resurrect the vote upon it
is, to make an affirmative vote tell
against the nominee OF the Independ-
ent Republican party for Governor.
Upon this subject We have timely
statement, from the pen OF Mr.. Gil.
bert, editor Of the Sumter Waterman,
and, at the time Of the passage of the
bill. colleague OF Judge Greene in
the Legislature, and his intimate per-
sonal friend. They boarded and
roomed together, and generally acted
in accord upon public questions. This
gent!eman's testimony will be regarded
as conclusive. and will put an end to
the small controversy. Mr.. Gilbert
ssys. emphatically, that
Judge Green was opposed to the
Black Code throughout-and, in con-
nection with him, we fought it, in the
House. inch by inoh-the strategy be-.
ing. when We saw that it could not be
defeated by direct attacks, so to load il
with am endments. as that it might not
hnally pass. With this view, Judge
Greene's amendments were offered"
JUDGE GREEN AND THE SUMTER BAR.
At meeting OF the bar of Sumter
County. presided over by J. S. G.,