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WEDNESDAY MORNINO. NOVEMBER 28, I860.
_<_. C3- "Ei IST T S
.n.? r.illowitii' ?re llio Aflo?ta ?<w this paper:
W. A UKm??'IIWAV. General TraveUug and Collecting
*_5v. COLIN MURCHISON, General TraveUng and Col
^iGUNSKNI' * NORTH, l?ookscUcrs autl Stationers,
'?^'"?'l.oonM'N, Cross Hill, Laurens Dlslrlct, S. C.
i v nktii?'?is, Union, 8.C.? ._*.'!
ckpt-lu W. >:- KA1?* O"?1^ 9' c*
Col J. J. RYAN, Harmvell, S. O.
I t PflWlS. Marion.
C s' UARUY, Santas' Fowl P. O., Madison Co., Flo.
I'VXl'lCK .*.: HUVKV, ?Uiieon. Un.
r' V H. WILLIAM?. Cliutou, H. C.
V ft ALLEN? < 'bester C. li.. 8. C.
W ? iiANiili. Grahamville P. O., Beaufort, S. C.
B.'llvBllADl'OIUJ. Waltcrboro*, S. C.
II la, PAHR. Suinter, S. C.
TJIAD <'. ANDREWS, Orangoburg, S. C.
,T M llKOW'N, "Southerner ot-CO," DarUngton, fe. C.
*?i. M. Q?INN .<i UKO., Augusta.
j ii ESTELL, Havan---, <iu.
ISAAC DAVBG-A, Auent In New York.
__?._: _S S S -A. O- _B
OF
HIS EXCELLENCY GOV. ORR,
TO THE
SENATE AND HOUSE OF REPRESENTATIVES.
EXECUTIVE DEPARTMENT. 1
Colimuia, S. C, November'_7, 1800. J
OtttUemtn oflhc Senate and House of Representatives:
Your annual assembling at tho seat of government has
heretofore been the occasion of congratulation by tho
Executive, upon tho ?.iinliuued happiness, prosperity,
anti improvement of tho commonwealth. I regret that [
no such greeting can be oxtondod to you ou the present
occasion. Wo no touga hear the clash of army, nor the
tread ol' hostile armies, and our people havo escaped the
scourge of that terrible disease, wliich revels In tho
shocking carnival of death. While tho general health
has uot been good, the virulonco and maglignity of dis
caso havo been mitigated, mid a comparatively smaU Ca
tani?)' lins visitad the sick room. Por these blessings our
thanks are duo the great Ruler of the Universe. In tim
depths of humiliation and contrition, let us invoke Him I
to avert the evils that ure upon us-to stay the baud of
our persecutor-?, to turu away tho wrath, mid to bring to
nought the counsels of those who would oppress and
destroy us, and to restore to us tho bappiuoss and pros
perity of former years.
Tin- toil of the husbandman has brought him a scanty
return from his fields-the grain crop is alarmingly
small-the cotton crop in many portion? of tho Stato will
not Bufllco to furnish tho means of supplying provisions
-our popuL-.tion, white and colored, aro abandoning
their old homes and couutry, and aro emigrating to
strange places, whero they can find bread. With tho losa
ol labor, our farms must dilapidate, our Holds romain un
Itllcil, our granaries continuo empty, and our progress
in developing tho resources of tho Stato must bo orreoi
?'h .??** U-a?ra ?"??* lae cal*t_ to make _ generous return
to the toll of the husbandman enures the goods of tho
"morchani to rest unsold on his shelves-and kcops tho
tool of tho nlcchonic idle-tho learning of tho profession
al man useless. The poUttcal condition of the country_
tho intolerance of our conquerors-the proscription to
which we are subjected, by those who Bhould be our lov
ing brothers, and who wield tho destinies of this groa":
nation-these evils intimidato capital, paralyze enter
prise, disorganize litbor, and destroy l.opo mid confi
dence. The enormous tax on cotton discourages pro
duction, and aggravates the nnancial embarrassment of
the people.
Never, therefore, in the history of the Slate, has a Leg
islature assembled tu'der less favorable auspices to pro
vide for the wants ol' an ircy.overisbed and disheartened
constituency.
Dut these extraordinary ?--barras&mcnts must be met
with wisdom, patience aiWi courage, with energy and
hope, and a manly resolve to subdue and overcome them.
Wo must keep our population here; wo must provide for
their preeent necessities; wo must .""'?iiulatc our white
population to go earnestly to work, and let them seo that
labor Is honorable and idleness reprehensible. Entering
a new year with tblB fixed determination, our fields will
be better cultivated, and tho next harvest timo will find I
our garners well filled with tho product- of tho hoII. The
-Staple crops will bo more abundant, and tho financial cm-1
"barraEs-lftn*"* Of l"e people will, by consciiv.inco, bo
grCaUy relieved. Let us cherish hope and practice such
industry a3 uhall merit the fulfillment of thoso anticipa
tions.
I thorefore proccod to malte mich recomnicndations as
will, lu my judgment, promote Uio ?uteix'.it of our com
mon ?constituency.
DISTJIICT COCHTS.
Tho third Article of the Constitution of this State, in
tho third paragraph of the first Section, directs that "the
General Assembly shall, as soon as possible, establish,
for each District in the State, au inferior Court or Courts,
tobe styled 'the District Court'-the Judge whereof shall
be rcfcideut lu the District, while In oillcc; shall bo elect
ed by tho Geuenil Anscmbly for four years, and shall be
re-eligible-which Court shall have jurisdiction of all
causes wherein oin* or both of the parties arc persons of
color, and of all erimiaal cases, wherein tho ncctised is a
person of cohn-; :iud the General Assembly Is empowered
to extend tho jurisdiction Of Um said Court to other sub
jects." It is unfortunate that tills clause was inserted in
the Constitution. Tlic iirst paragraph ol' the Section de
clares, that "ihe jtiilicial power sliaU be vesle?! in such
superior and but rior Couria of Luw anti Equity as the
General Asm nibly shall, from time to time, direct and
establish;" and ibis is suiUeieiitly comprehensive, to au
thorize the oatahliahincnt of any interior Court which tho
wisdom of the Gen? ral Assembly may determine,
whether it Im a Police, District, County or Ma
gistrate's Court. Here, the largest dlscrcUon Is
given to yon; anti such tribunals may be estab
lished as experience or ncci-dty may dictate; but the
clauso already quoted re-/uire.t the General Assembly to
"establish District Courts," and these Courts must bo
continued until the Constitution is amended in the pre
scribed manner, or the instrument Um If will bo violated.
In order that the largest dim retion may bo allowed the
General Assembly, in devising the best judiciary system
to meet oin- wants iu the recently changed relations of
society, 1 recommend that the present General Assembly
provide for an ame- huent of tho Constitution, by strik
ing out tho third ]'??. graph in the Article aforesaid. Tho
next General Assembly can consummate the amendment,
and then the Legislature will bo left, with unrestricted
discr?tion, to establish such superior and inferior Courts
as to them shall seem meet, WhUst this amendment ia
being cor.HUiiiui.it?il, the. District Courts may be {mt fully
into operation, anti one year's exp?rience wlU, probably,
decide whether they aro adapted to the wants and meet
the necessities Of the pubUc. If they should bo found
impracticable, inelllelcnt, or too expensive, they
may be t.tn ogatod, and some better system may bo in
stituted. We arc thrown upon novel times, and all our
legislation to meet our now situation is purely
experimental. It would not be wise to discard and re
peal the legislation of each preceding session, because it
failed to work smoothly or givo entire satisfaction. Whon
deficiencies aro discovered, remedy them by amendment
or modification. No human wisdom is equal to tho task
of giving a perfect Byatcui of Courts and Laws, whon an
ancient isystem must bo revolutionized, to correspond
with radical changes ia social, domestic, industrial and
political relations. Aller one year's fair experiment, it
may bo found that tbo District Court is tho desideratum.
The Act of tho last session, "to amend tbo Act establish
ing District Courts," requiroB essential and material
amondments, to reduce its oxponses and secure its ofil
clent operation. Tho boundary of its Jurisdiction should
bo moro distinctly defined, Tho services of a Grand
Jury, as part of its machinery, should bo dispensed with;
tho authority conferred on tho District Judge, to oxamlno
and dismiss frivolous cases, renders tho existence of such
a body unnecessary. TheroiB a woll-deflnod distin ottoa
between misdemeanors and crime. It is only whet, tho
prisoner Is charged with crime., that ho is entitled to bo
triod on presentment found by a Grand Jury. Potty
larceny, and other petty felonies, may bo declared, by
statute, to bo misdemeanors; and defendants, In all
misdemeanors, may bo tried without presentment or
troo bill found by a Grand Jury. Tho venire for the
Petit Jury should bo reduced to eighteen. In the Dis
trict Court it would be seldom that two pannels would
bo required ; and tho Court, on such occasions, could be
employed with other business not requiring the aid of a
Jury. The Jury duty now exacted will bo very onerous
on the people, and, aa tho law stands, it cannot Unper
formed at an expenso of less than eighty thousand dol
lars per annum. The modification suggested would re
duce tim expenses to one-third of that sum, for both Su
perior and Inferior Court-. The expense, to the Treasu
ry, of Jurice, might bo dispensed with entirely, by taxing
a Jury leo in every ooso hied. AU traverses and impar
lances should bo abrogated in the District Court; and all
indictments, recognizances and other papers in the Su
perior Court, not disposed of, and in which jurisdiction
is given to tho District Court, should bo transferred to
the District, and inado valid, as if originally re
turned to that Court Tho District Hoards should
bo n-quired to mako their annual returns to the
District Judge; and it should bo modo tho duty
of tho latter to examino tho some, and to enforce
the law agulDBt thom for misfeasance, malfeasance,
or neglect of duty. When tho District Judge is
intuesttd lu any cato, civil or criminal, of which his
Ci-ut t has copniztinco, it should bo transferred to the
Superior Court for trial. The Conrt should be Invested
with exclusive jurlnllelion. In cases over one honored
dollars, only where the contract, express or implied,
betweon tho employer _t' stnployco, is for agricultural
labor. Tho law now pro? _es that a prosecutor, who in
stitua"? a fri- mun? or gt iiiidlcfs prosecution, may be
adjudge- iu pay the costs of such prosecution. This Is
an ample safeguard against groundless prosecutions ;
and tho law should bo so amended, that the party ma
king complaint beforo a Magistrate should bo granted a
warrant, upon his own recognizance, to prosecute,
without requiring veenrity. To-require security to
prosecute, is to deny Jusilco to tho poor, the ignorant,
the dependant and the friendless. These aro the classes
that It is the peculiar province of the law to Droteet ;
those who have wea''ii and friends, can readily secure
the protection of .no 1-w.
aPi?u&'B Jtuvr "? nrlBcn wheUi'-r, too ?n_erl?r Court? of
Law can tako cognizan. o of any offenco e..mini.tod by a
person of color, undor tho clouso lu iho third Ariiolo of
the Constitution, which declures that Deo Distr.ct Court
shall havo jurisdiction of all caret in whiob a person of
color is Interested, or to which he is a party. The Civil
Bights Act, pissed by the O ingress of tho United Hiatos,
which mnst bo roipocted and obeyed until pronouueed
uuconstitutloiiol by the Su? reme Court of tin United
States, gives the person ofc.dor the samo rights In all
tho CoartB, State as well as Fedoral, as oro enjoyed by
the whlto nice; anti so long ?.? white peraonsaro triable
only in the Superior Courts lor felony, the samo privi
lege must bo (teeni-.ltd tu persona ol color, notwithstand
ing the supposed prohibition In the State Constitution,
iib the Coubtilutlon of the Cniiel State*, audthol.iws
passed In corformlty thereto, ia tho supreme law of the
lind. If tho Civil 1 dud's Act should herealtor bo de
elarad UDronttlttitlenal by the supremo Court, orsboti'd
It bo repealed by Congress, tho question ni.der tbtt Statt?
Constitutiou might Hurt be full uf t nib -irrasaineut.
COMMISSIONER!. TO TAKE ACKNOWLEDGMENT OF
DEEDS, ..C-NOTARIES P0DLIC.
""Tho Acts of the General Assombly confer upon the
Governor authority to appoint "Coniniissioncrs to take
acknowledgment of deeds," in tho sovornl States and
Territories, "to bo used and recorded in this State;" tho
C.muiissiouorn to continue in ofllco during liis pleasure,
Tho duties of these ofllcers, "in taking tho acknowl
edgment or proof of any deed, mortgage, or other con
veyance of any lands, tenements or hereditaments, in
this State, or of any contract, letter of attorney, or any
other writing under seal," ero very important'to the In
terests of the public, and some rule should bo adopted to
furnish the im mir. of verifying such certificates with
reasonable certainty. This may be attained by requiring
every person appointed or lo bo appointed a Commis
sioner, to ibrwui-d, within ninety days, to the Secretary
of State, an impression of his official seal, on wax and on
paper, together with his autograph; mid upon his failure
to do so, the appointment of each defuulter ehould bo an
nulled.
Notaries Public are, likewise, appointed and commis
sioned by tho Governor, and are Invested willi gravo
ollk hil duties. The .Secretary of "tate, alone-, can certify
tlie ofllclal character of a Notary Publie, und ho can
niako no such certillcato willi baldy, unless fie chances
to know the baud-writing. Every Notary Public, now
holding such commission, or who moy hercaitcr bo ap
pointed, should likowiso be required to forward to the
Secretary of State, au impression of bis olllcial seal on
wax and paper, with his autograph, within sixty days, or
his appointment should ho revoked.
criminal, law.
The establishment of a Penitentiary requires material
changes in the punishmouls imposed in tho Criminal j
Law. Murder, arson and rape should be puidshccl by
death. The numerous cataloguo of folonics punishable
by death, some with and others without the benefit of
clergy, should be abridged, and confinement at hard la
bor in tho Penitentiary bo substituted In most cases.
Tbe extreme penalty attaching to many of these felonies
is rovolting to humauity, and juries not unfrcqucntly lad
to find real offenders guilty, becauso the punishment is
made, by its enormity, disproportionate to the offence.
It should be left discretionary with the Judges in the Su
perior and District Courts to punish by imprisonment at
hard labor lu tho Penitentiary, or by whipping, in all
cases oi larceny. Punishment by the lash is so degrading
that it should be imposed upon tho most incorrigible
offenders alone. A convict who serves out his term of
imprisonment in tho Penitentiary, oven for an infamous
offence, may reform; but one who has been whipped at
the public ?whipping-po.lmustbo overwhelmed with such
a scuso of [.haine and degradation that he cannot com
mand moral courage sulllcicut to enable him even to
make au effort at rciormatlon.
I foel it iucumbont on mo to call your attention, spe
cially, to tho groes neglect of duty, on tho part of somo
of tho Sheriffs and Jailors in this State, In allowing
prisoners to escape from tholr cuslody. Unofllcial infor
mation has been recoived at this o?lce, that nearly
seventy prisoners hnvo escaped from tho Jail?, of this
State siuJJ .neU" custody was turned ovor by tho niUitai'.'
to the civil "au-hoa?"0". Somo of theso criminals* wero
under eente_i?e C_ '}r^a\ t"t many were ?uargcu with
Uto highest crimes against society. Every effort to en
force tlie Criminal Law, aud suppress crime, must bo
unavailing, unless the custodians of prisoner.) who hnvo
been arrested and confined in tail act with more vigilance
and fidelity. Tho existing law pronounces tho most
rigorous punishment against Sheriffs and Jailors for
voluntary or negligent escapes, and it is found wholly
inadequate to arrest the growing evil. It Is clinicult, to
satisfy a Grand Jury that their lricnd. whom thoy liavo
aided to elect Sherill', or his agent, \\\o Jailor, would
permit n prisoner to escape-their good will tow.ird
tho delinquent lending thom to bo readily satisfied
that the escape resulted from _!i2 insecurity of
the jail. It is even moro difficult to et. uro the
presentment of tho Commissiouero of Public Build
ings for their neglect of duty. In failing to moko
the jail secure, nud heneo the public suffer-without
a rcmO-T. When a bill of iudietcoont is ______? It Is
trftveraod, and when the defendant Is dually brought to
ti lal, pOHtivc PT Pf MUllOt bo offered that the ..capo
was loluniary 61 ne._;ii^cnt. and the defendant Is acquit
ted 'iho General Aspciubly, sine. 183'J. his been al
most annu&liy paning taws, to cufc?co tho perform
ance by hhciiffs of their duty in civil and criminal mat
ters; and Iho cud Is a. far as when legislad m ou this
i subj .et comm?-*"'-"1. Ibero is but ono means of effect
ing a cure lor this chronic dlsoaso-it is to pr?vido by
law for the sumuiarv removal of a Shorlff, either through
tho ju li i-1 or eXeCUUYC d'.r.art.mcr.t uf-.ho Gove Min?..;.,
tor willful and persistent __.'gleet of iluty, or fur tais
fessante or malfcaannco la executing hisrfn.o. The
la'? s now provide for tho removal of a .hfrlff from
o'm-e. nu couv'-tion iief.ro a Jury ; but It is bettered
th-t the> have ni t been c-ulorced In a fin .-lo ca?o. sines
lf.39. Ib it i ot notorious that same of tbe=e ?Usent*
Bhuiil 1 .-.?.ve been removed ?
Judge Wardlaw lia?; d .voted much time In prepa'i-g a
Till which will be- Submitted to yon, tit lining the tiutlc.
aud jiiii"di.:_-?u Of District Courts, and ornhr.iclng the
su'ject?. ot tlie d..m-siio rolatioi.s. and a osdlfieatlon d'
the criminal la v. Hi. long experience on the Besch.
aud bis Bckuo-.edged ah? i y, will sucurea respectful
consideration of his labors.
CONORF_S.-_ON.___ ELECTIONS.
Tlie last Congrcsninnal election in this Statf was bold
pursuant to a rc.oluliou el' Hil- General Assembly, and
there lu now no provision of law for holding future elec
tions. Although our Iteprescutative-s last elected have
not boen permitted by tho Congress of the United States
to occupy their seats. It is the duty of tho General As
sembly to provide-, by general statute, for the holding ol'
general o___t_0__ for each succeeding Congrc.s. Tho
convenience! of tho peoplo would iucllcute that these elec
tions should he ordered biennally, on tho day that mem
bers of the General Assembly nro chosen, to-wit: The
third Wednesday in October of each odd year. Kopi-e
Hcntativcti to Congress would then take their seals tho
following December, coming fresh from the people, and
represent popular sent-ment on the public questions of
the day with moro certainty than if elected, as hereto
fore, the October year preceding tho meeting of Congress.
If au extra session of Congress should be called Cofogra
thc day fixed tat tho election, tho Governor might be
authorized to or.le?r, by proclamation, tho elections at an
earlier day, and thus secure the representation of tho
State at such extra session.
JURISDICTION REMITTED B_ TJIE MILITARY TO TIDE
CIVIL AUTIIO-IITIES.
The Acls passed at tho extra session, wore transmitted
to tho Military Commandant of tho-Department of the
Carolinas, ut Charleston, and on the first day of October
last, by General Order.?, ho remitted all cast-s in which
tho inhabitants of thin Stato wore concerned, civil and
criminal, to the civil authorities. If equal and exact
justice! Is muted out to all the inhabitants of the State by
courts and juries-if the freedmen receive that protec
tion of person and property which tho laws now guaran
tee them, wo will not nguln bo adjudged by Provost
Courin and Military Commissions, and wo will vindicate)
before tlie world our high senso of moral right by en
forcing impartial justice, whether the suitor bo humble
or exalted.
Experience will dem?nstrate the wisdom of your en
actment authorizing negroes to testify in all cases. It
takes away tho impuuity which bad men have long en
joyed, In tempting theso ignorant peo|.lo to perpetrate
crime for tho benefit of the tomptors.
Tho result of the experiment at tho late Fall Term of
tin. Courts has boon entirely satisfactory, and most of
the freedmen who bavo been called to the witness stand
havo manifested a highly orcditablo dcniro to tell the
truth. The extension of the privilege has bad a salutary
influence in encouraging and olu vat tug their moral senso.
Many of them appreciate thoir obligations to society, and
readily aaalst in bringing to punishment evil-doers of
their own color. Thoy are Invaluable to tho productivo
resources of the State, and if their labor bo lost by re
moval to other sections, it will convert thousands of
acres of productivo land into a dreary wilderness. For
this reason, I havo felt it to be my duty to dlscourugo
their migration. The short crops of tho present year
should stimulate the planter and farmer to renewed en
orgy and enterprise. He will, howe vi r, find his lands of
little value, if ho cannot command labor to cultivate
them. If the negro remain hore his labor must bo made
sufficiently remunerative to subsist and clotho him com
fortably. Schools must bo established to educate, his
children, and churches built tor his moral training.
Tho experiments of free labor, whilst it has not been
entirely satisfactory, is far from proving a fall uro. whoro
the blacks have been adequately compensated and kind
ly treated, they havo generally labored faithfully. Sud
denly relieved from tho controlling -will of others, and
exempted from the compulsory labor which had, through
life, bcon oxactcd from thom, they bavo performed, dur
ing the present year, an amount of voluntary labor which
may well oxclte surprise. Tho indolence of? some, and
the improvidence of many, will doubtless causo them to
undorgo much suffering boforo they aro educated fully
to the uoccsslty of constant and untiring labor, and to
proper thrift and economy.
Humanity and sound policy unito in demanding that
wo should pr?vido for the aged, the infirm and tho help
less, and I therefore rospectfiUly recommend the passago
of an Act making It lncumbont on the Commissioners of
tho Poor to pr?vido suitable buildings at tho various Dis
trict Poor Houses for their accommodation and to sub
sist thom.
Tho Regents of the Lunatic Asylum have wisely and
humanely modo provision for tho reception and treat
ment of insano colored patients, and the Commissioners
of the Poor in tho several Districts should bo required to
moko the samd provision for their support in the Asylum
as now exists for whlto pauper patienta in that Institu
tion. The Idiotic and epileptic may bo well taken care of
at tho District Poor Houso.
TUE FINANCES OF TOE BTATE, TAXES AND THE BANK
OF TOE BTATE.
Tho taxes levied undor the Act of December, 186.,
amount to four hundred and nineteen thousand six
hundred and sixty-eight dollars and . seventy-one conts,
.410,668.71). There haa boen paid into the Treasury,
hreo hundred and twenty-seven thousand bcvcu hun
dred and thirty-seven dollars and twenty-fivo cent.,
(1327,037.25'.
?
commissions. $32,869.00
Froodmeu's returns unpaid, (prhiclpaUy capi
tation ?ax). _|, 310.07
Jury' tickets deposited by Tax CoUcctors.. 7,'JO'J.ll
Tax oveciiUons Issued and In hands of Sheriffs
and balauees duo lu bauds of Collectors.. 29,780.32
Total.$4lli,G08.71
This estimate does not include executions Issued by
tho Tax Collector?, against pet ums who have failed to
make returns, and who havo been doublo taxed. Tho
statement of the Comptroller-General is herewith trans
mitted for your information.
Tho entire revenue received into tho Treasury from
Taxes, Uills Receivable, registered lind carried to cash and
other minor BOOTCCS is.$477,7111 t)7
There bos been paid o it by the Treasurer, ou
appropriations. 904,688 01
Leaving in tbo Treasury a balance, on the 31st
or October last, of.173,033 03
Subject to draft, of wliich sum there was Ui
National ciirreu??y. 73.215 35
Tho Treasurer has, in obedience to tim Act of 21st of
September last, "to provide for tho rctlcmpllou of Hills
Receivable, issued by thin State," promptly exchanged
National currency for the Hills llceoivablo when present*
ed. Thin will rapidly reduce the amount ho held on 31st
October. Tho undrawn appropriations, aud Blieb appro
firintions as may be modo at the present session, must
io paid, pi iueip.illv-, in liill'i llceoivablo, milli the taxes
for the fiscal year, commencing tho 1st of October last,
shall bo paid into the Treasury, which payments should
be required to bo made by the Collectors as early ob Juno
next. If the General Assembly re-enacts tho claiiRO in
the Tax 13U1 of the last year, requiring that nil taxes shr'l
be paid In gold or silver. National currency, or Hills Ito
ceivnblo, mid continues tho authority to the Treasurer to
exchango tho Hills Receivable for National currency,
thero Is no good reason why tho vah?o of tho former
should not bo nt par with tho latter. 'Hie Comptroller
General estimates the appropri?t iona for tho present year
at threo hundred aud two thousand seven hundred and
ton dollars, which ?min will bo Increased, if tho recom
mendation hcrt'inallcr made, to pr?vido for the payment
of the public debt, should bo adopted by you. The pay
ment of taxes is, at all times, onerous to tho public, bul
is peculiarly oppressive lo the pcoplo at tho present time.
The ordin?r}- cxponBcs of government, however, munt bo
met, and the faith and credit of tho St-to maintained un
tarnished, and taxation is tim only resource loft us. Tho
burthen should bo rendered as light as possible, by the
most rigid economy in making appropriations, and by
requiring a strict nccouutabUlty from aU public func
tionaries.
Material changes in the subject matters of taxation
aud modifications in the rates aro requisito to render
taxation less oppressive. Assessors should bo required
to mike new aesessmonts of the vah?o of lands, and town
and eily lotd. Tho Capitation Tax is onerous, and is not
proportioned to the general seule of tgsation ; it should
bo reduced at loaat one-half, and tho employer should bo
held liable for every poll in his service on 1st March
next. A goneral system of Uconscs to lawyers, doctors,
dentists, inUlcrs, cotton pickcrlcs for toll, merchants,
Bhop-.?ccpcr8, tradesmen, auctioneers, livery atable keep
ers, hotel and eating-houses, non-resident merchants and
drummers, and others, should be introduced. Taxes
should bo imposed on money at Interest, bonds and sol
vent credits, also upon aU articles of luxury, embracing
jewelry, gold and silver plato, and watches, carriages,
buggies, all horses not used for agricultural purposes,
pianos, playing cards, etc., upon tho capital Block of all
incorporated companies, including railroads not exempt
ed by law from taxaUon, legacies, dlstribuUvu shares in
intestate estates, pistols, bowie-knives, patent rneilicinos,
and the gross profits of brokers, factors, and banking
corporations. The taxes horctoforo imposed on oxpross,
telegraph, gas-light, and insurance companies may bo
very materially increased, as those companies arc rcsaUz
ing large profits on their several investments.
Alt m bin: officers \vh >, by law, have a seal, she aid be
rcquiro.i to affix a stamp, in value from fift*- cents to
two dollar*, regulated by tliolr value or Importance, on
all papors whore ihe teil la uted, the party vrociiri-g
tun ?."'?P?"'** Using required to reimburse tho c lllcer fur Uic
sani?", '. ". "
Ani lastly, a tax t-hould le levien on all salaries and
incoiuc* exceeding five hundred dol?ais.
A Tax Hill einbiai-iiig th<-so new features wonld rahe a
sum abundantly sufficient to meet cU the current wints
of the S ato, mid provi-lo lor the gradual redemption of
thu public debt. Tbo pB.yino-.it of taxes thus It v.ed n ould
fall principally upon the weal hy and thoso whose ? m
llojments yield them ready c-.sh, and would occ ?sion
comparatively lit tira incoiivtiui'iuco to tho tax-pnyer.
Heretofore, the interest on tho public debt has l?ecu
paid by the Jjault of tho ?tato of Couth Caroli-ia;
but Ila Iosb of assets, growing out of tho war, together
with its large outstanding circulation, precludes the po.
siblilty of relying further upon it, and the dobt, princi
pal and interest, must be met by taxation.
The Treasurer, with the. asBistanco of "an additional
clerk, can pay out, in future, all claims from his own
counter; and I recommend that an appropriation be niado
to meet the salary of such clerk, and that the Dank bo
discontinued as the fiscal agent of tho Stato.
The losa of assets, and Um Imposition, by tiio general
banking law of Congress, of eo heavy a tax on the circu
lation of all other than National Hanks, mako It mauifost
that tlic Bank of tbo State of (South Carolina can never
resumo business; aud I reconnue ml that Its charter bo
revoked or declared forfeited, and Its books, papers and
assets put in tho hands of Commissioners for aa early U
quld-tion as may bo practicable,
TA*C-COh_ECTOB3.
The Tax-Collectors havo heretofore been elected for the
Election Districts in which they resido. Hinco tho abro
gation of the Parish system, tlio former legislation has
not boon changed, and Collectors uro still elected by tho
voters within tho former Parish lines. Ileaufort, consti
tuting now but a Bingle Election District, su Vi has four
Tax-Collectors; and Berkeley Election District has eight
Tax-Collectors. Tho reason for a Tax-Collector in ca?:h
Parish ceasing to exist, the law should bo so modified a?
to elect ono for each Ejection District. The additional
number? require an Increase of the books to he furnished
by the Treasurer, and a larger number of returns. The
commissions aro insulllclcnt to induce bu.-iuesH men to
accept of these small places-in one of the Parishes, the
Collector's coiumLssious arc less than fittecu dollars; and
in another, (at. John's, Colleton,) no collections have
been made, because no one, within my knowledge, would
accept Uic office. I recommend that the law bo so motli
liud as to provide for the election ol' one Tax-CoUcctor for
each Election I"_!triet.
THE PL'nLIO DKBT.
Tbo Comptroller-General aud Treasurer, pursuant to
the requirement of the Act of 21st September last, pre
pared t ml forwarded mo a statement showing the aggre
gate an. omit of tho principal aud interest, calculated up
to July 1, 1807, on the stock and bonds past due, which
the Act provided for funding, a copy of which is herewith
communicate?! ; and my proclamation has bcon issued,
calling o:i thes ) bondholders to fund their demands, con
formably to the Act. A contract bus benn made to have
the bonds printed, and ii is agreed that they shall be de
livered beru by the lUth Docembcr, when tho funding
may be commenced. Tho amount reported as duo, on the
1b?. day of July, 18'17, by tho Compti-oUer and Ttoasurci-,
is one million two hundred and ton thousand oight hun
dred and two dolla-.- aud eighty-five conts (?1,210,802 85).
Provision must te made, at tho present session, to pay
the sami.annual interest on Ulis sam on tho 1st January,
1803. I transmit their statement herewith.
There wau no provision mado by the Act to fund tho
interest now duo on the .Stocks and Houda of the Fire
Loan-the principal of tho former redecmablo in 1870,
mid tho lattor in 1808. Tho Interest duo on tho 1st of
October last, on stocks and bonds, was sixty-eight thou
sand two hundred and twenty -lollara and filty-fivo cents
(?03,220.55), and I recommend that authority be granted
to fund tho interest now due, and that which will
accumulate up to tho 1st January, 1800.
The whole amount of the public dobt, principal and in
terest, of this State, not including the debts contracted
for, or on account of the war, was, on tho 1st day of Oc
tober last, five milUons two hundred and five thousand
two hundred and twenty-seven dollars and seventy-four
couts ($5,201,227.71). Of this amount four hundred and
eighty-four thousand four hundred and forty-four dol
lars and flfty-ono cents (?484,414.61), is redeemable lu
1868, and three hundred and eighteen thousand ono hun
dred and fifty-nine dollars and twonty-flvo cents (S318,
159.20) in 1870.
The remainder ol'the debt, (not including three hun
dred and ten thousand dollars (i310,090) already provided
for by Act of 31st September last, authorizing its fund
ing), is redeemable from 1876 to 1890.
The interest on tho wholo (oxcept tho Fire Loan), is
provided for (if tho holders of Uio securities wUl consent
to fund it), up to the 1st day of January, 1868, by which
timo It Is hoped tho Stato wiU ' bo in a condition to
prompUy pay interest as It Auls duo. The statement of
the (*oniptroller-Gencnil, showing the debt and tho seve
ral periods when it falls due, is herewith communicated.
It is, however, eminently proper that some financial
scheme should bo now adopted to proparo tho ?state to
meet tho principal of tho debt as it falls due. If the in
terest is regularly paid oh tho debt, ono hundred thou
sand dollars annually sot apart as a sinking fund for
twenty years, invested In safo securities, yielding six per
<-?nt. per annum, tho principal being further increased
' by tho investment of the Interest annually accruing, will
accummulato the sum of three millions eight hundred
and ninety-nine thousand threo hundred and twolvc dol
lars, which will bo nearly adequate to tho payment of tho
entiro debt then duo. and I recommend that proper legis
lation bo adopted at tho present session to inaugurate
this scheme.
Under tho Act of September 21st, already referred to,
provision was made to fund tbo interest on stocks issuod
under authority of tho Aot of 1803, to continuo tho con
struction of tho new State House. The whole amount
Issued was twenty-four thousand eight hundred
and twenty dollars ($24,820). Tho issue was not made
until some timo during tho year 1804, when thoro was a
heavy depreciation of tho currency, and whon labor and
materials wero in a corresponding dogrco appreciated.
Four hundred thousand dollars wero issued in 1802, un
der authority of the Act of 1861, when labor and material
hod appreciated very little. In my Proclamation I ox
coptcd these two issues from lmmodtato funding until
tho General Assembly met anti determined whether these
stocks should be scaled to the real valuo received by the
State for them whon issued. The Convention adopted a
rulo for tlie government of transactions between Indi
viduals during this timo which was just and honest, and
no reason is perceived why the samo rulo should not be
applied in transactions betweon tho Stato and its cred
itors.
If tbo Genera] Assombly should determino to scale
these stocks of either or.both issues, a commission must
he appointed to fix tho rates, and tho interest can bo then
computed accordingly. Should tho General Assembly
take no action upon this aubjeot during the present ses
sion, tho funding win bo oxecutod In conformity to the
provisions of the Act aforesaid
the r**-a'a'i_m_BY.
Pursuant to the provisions of the Act of the late extni
sosaion, to -?Abatana Ponltentlary, I appointed Messrs.
William Gregg, ofrdgofiold. Wilban, li. Robertson, di
Fairfield, and Archibald Cameron, of Charleston, "Com
mi_sioner?) of the P^t?nUtJrj*" "io eclcct and ,pn>
cure a silo and to erect a suitable tempor?r)' en
closure and tomporary cells." They have performed
the duty of selecting and procuring the site, und have
ordered tho work on tho culls to commence. I sub
mit to you herewith their report, togcthor with tho plans,
estimates and drawings of tho entire establishment, pre
pared by Capt. T. II. Leo, tho Engineer nuel Architect.
Tho sito is within the corporate limits of the City of Co
lumbia-a plateau of several acres of lovel surface,
with a bold bluff on tho canal, rising somo sixty
feet above tho level of tho river. A tract less than half
u milo, nearly at grado, will conuect tho building
with tho Orcenvlllo Kallroad at a point one-hnlf a
milo from tko depots of tho South Carolina and
Greenville and Columbia Ita li road. The water now
running through tim canal will furnish nil the motive
power that will ho needed for many years. Its sect ssl
bllitv from every part of th<? Htnto by railroad, and Iba
fac-illMts thereby afforded tor tho transportation e.f pri
-oncrn, provisi?n, ?net mater!ils, and for shipping the
supplies manufactured, make It a mont ndmlrnbld and
advnnlaceons location. Granite?, In inexhaustible
t|uantItIos can be procured. If not within the walls, enr
taluly within a stone's throw of them, without any cost
of transportation. Its location, within the .-?tv limits,
will allow the number of guards tobo reduced groatly
l.elow tho force which would be requisito for tho ?"lc
ki't'plni. of tim prisoners In rein?te Icicalitle. where the
population Is sparse. It Is "eliovcd by tho Archit-ct
and I.nglnoer having tho work In charge that cells may
ho lu rcadlncBB by the first of January to rocelvo con
vict.
Tho Engineer and Architect estimates the appropria
tion needed Car tho rapid and successful prosecution of
the work for the next year tit l'orty-flvo thousand dol
lars.
I directed tho Commissioners who wero ordered to
pell tlie buildings, machinery, fee., ot the State Works ot
Greenville, to reservo snell machinery as might bo uso
flilly employed In the manufacture of wood and iron in
tho Penitentiary, when fully In operation. Tho reserva
tion was made, and there will bo in tho futuro only a
trilling outlay needed for macldnory to oporato most
branches of manufacturo of wood and iron.
.TIE LAND SCRIP FOR THE AORICULTITRAL AND ME
CHANICAL COLLEGE.
In obnltonro to tho resolution of iho Gennrnl ARs?m
bly. passed at the special scr-slon, I appointed John S.
ltit-harrison, Esq.. Agent of Iho Stato for tim purposo of
procuring and telling the land scrip to which this State
was entitled under tim Act of Congress, establishing Ag
ricultural and Mechanical Colbg.3 Ho was farntaho l
with a fortified copy rf the resolution, duly authentica
ted, and tiled It In the Department of the Interior. From
a communication oddrePBOd to mo by Iho lion. O. n.
Browning, Secretary of the Interior, a copy of which is
her.wlth com munica."d , It will bo seon thot hodeclinos
to issue tho scrip until tho Legislature accepts, by Ao\
the d< nation lu conformity to the provisions of tho law
of the Congress of the TJnltod Kates, making tho grant.
No time should he lost lu securing this munificent do
nation to the cause nf education and science, and I re
commend that an Act bo passed for that purpose. This
step will certainly bo accepted as a compliance with all
tim rrqulromentp of the Congressional law.
In some of tho Northorn Stntcs, the fund thus raised
has been used in establishing schools for teaching tho
branches required by Act of Congress in existing Col
leges and Ilnlvorsitles; and If this poliry should com
mond itself to your approval, tho agricultural and me
chanical features of the College may be engrafted on Iho
University of South Carolin"?, and navo the Stato all ox
penso for lands and buildings required to bo furnished
by it. The buildings of tho University aro commodious
cnG-ydi to occoniraodato all students tint, may dCBiro to
matriculate, and tho lands adjacont to and owned by ino
Collego will furnish sufficient land for an experimental
farm. It is very important, ii" the donation bo ncceptcd,
that such legislation shall bo adopted at the present ses
sion as will mako it available, independently of, or in
conjunction with the University".
THE PECUNIARY DISTRESS OP THE PEOPLE OF THE
STATE.
Tho short crop3 of grain and cotton causes tho indebt
cdneps of the people to press heavily on thom. ThiB
stato of things Imposes on every generous creditor the
duty of making as liberal compromieos with his debtors
as ho can admit without pecuniary ruin. If he has been
fortun?te in escaping the general wreck, ho should <______
fully lend a helping hand to his less _h?+__?___ n_ig_,Uor
who is still struggling in a sea of debt. Legislation con
sistent with the Constitution and (tho genoral interest of
tho community may lj_ adopted, which will greatly re
lieve Iho public. ? reit?ralo my recommendation, made
at tho extra scHdton, that imprisonment for debt be abol
ished, except in cases of fraud, and when a debtor is
about removing his person or property without tho lim
its of the State; that rho Insolvent laws bo so extended
that a debtor may, by petition, on giving three months'
uotico to all his creditorp, require them to come in and
provo their demands, and upon his surrendering hi:, en
tiro effects for their benefit, that thoy bo perpetually
barred from ever again proceeding against nlin lu tho
Courts of this State; and that in all cases where a de
fendant is sued and makes no defence to tho action, no
co-. Is shall l>o taxed against him.
PcrsonB in ntl juris can now compromiso with tholr
dobtors, and often find it to their interest to do 60, but
snob as occupy a fiduciary position aro restrained by tho
stringency of legal rules ; and not being authorized to
compound with debtors, they frequently loso the ontlro
debt. It is sound polloy to modify those rules, so as to
allow them to compound tho demands they hold against
dobtors, taking caro to guard against tame' ?r iU faith on
their part.
I invito your attention to (ho propriety of passing a
hoi Mostead law, and of extending tho value of articles ex
empt from levy and roIo, for tho head of each family.
Most of the States havo modo much moro liberal and hu
mano provisions than South Carolina for guarding Iho
fumilic.. of unfortunate and improvident debtors against
being cast out upon the world, hnupcluss and breadles?.
The elccieloiis ol' somo of the State Courts havo atllrmcd
the constitutional power of their Legislatures to enact
laws increasing the exemptions from levy and sale, even
upon antecedent debls. It is not by nny means cloar
that you aro precluded from enacting such a law, cither
by precedent, reason, justice or the Constitution.
THE SOUTH CAROLINA UNIVERSITY
Was organized early In January last, and has novr
about ?ixty-llvo students, but Its number of matriculates
has not been equal to the expectation of its friends. The
Act of last December, establishing nn University, requires
further amendment, by providing for Medical and Law
Schools as a part of Hie general system of University edu
cation. Many of the young men who go to tho Universi
ties of other States, to prosccutu their studlea iu theso
professions, would willingly avail themselves of tho oppor
tunity, if offered, of pursuing them hore. With ouo Pro
fessor of Law, and two Professors of the Medical School,
In conjunction with (ho Professor of Chemistry already
there, these schools could bo put into complete and suc
cessful operation, and the hope might then bo reasonably
entertained that the number of students would be largely
Increased. The Board of Trustees, for reasons which were,
doubtless, salitilactory to tbeni, declined,in May lost, to fill
the chair of Modern Languages. This important branch of
modern education should not longer go unprovided for,
and the Trustees will, doubtless, lill the vacant chair nt
their annual morling in December. Tho Institution, as
organized during the present year, though by law an
"University," has been practically nothing moro than tho
Collego revived. No now branches havo bcon taught,
and so long as provision is not mado foi- teaching the
modern lauguagos, and for orgaid/.lng Medical and Low
Schools, so long will the youth of the Stato seek other in
sti-Utions, where theeo studies may bo prosecuted. Until
the University can bo made to merit the patronago of tho
State, by enlarged facilities for acquiring knowledge in
sclenco, languages, and the learned professions, its friends
cannot expect to command n general public patronago to
sustain it.
Tho Board of Trustees now numbers nearly forty mom
bcrs. This make's it a very unwieldy body, Its num
bers destroy all Bonsc of individual responsibility in the
management of the affaira of tho University. Noarly one
half of tho Board are Trustees ex ofticio, and, with raro
exceptions, theso ex officio members constitute, by reason
of olllcial engagement? which call them to Columbia in
May and December, the majority who attend its session.
It was found nearly impossible to secure the attendance
of a quorum (one-half of tho Board), and yon provided
by law, at the last session, that nino should constitute a
quorum in a Board of thirty-nino members. A smaller
body would realizo moro fully their responsibility to the
Stato for the proper management of its principal educa
tional Institution. I th-rcforo recommend that the Board
bo reduced to seven mombcrs, and appointed In such
manner as tho General Assembly, in Its wisdom, may
direct.
THE PURCHASE OF CORN.
Pursuant to the rcsolntion of 21st Septdmbor last,
passed by tho General Assembly, I Appointed Colonel D.
Wyatt Aiken Agont of tho Stato to moko purchases of
corn. Having satisfied himself fully that tho double re
striction imposed in tho resolution rendered it impossi
ble to effect purchases, ho declined tho appointment I
concurred fully In his conclusion, that too double re
striction rendered the wholo schemo nugatory, and I
bavo not, therefore, appointed another Agont. The reso
lution required that three hundred thousand dollars of
bombi should purchoso and deliver in the State throe
hundred thousand bushels of corn. It Is reasonably cer
tain that tho bonds could not bavo been sold for more
than seventy conts to the dollar, and corn could not bo
purchased in any market, and delivered, at ono dollar
per bushel. The corrcspoudence between Colonel Aiken
and myself Is herewith communicated.
The grain crop of tho State has boen gathered, and you
aro bettor prepared now, than at the extra session, to
de termino tho deficiency, and what will bo needed to sup
?ily the absolute wants of the poor. When you have fl xcd
ho amount, tho grave question arises, how aro you to sup
ply tho funds to purchase it ? The feverish and unset
tled condition of publie affairs has not tended to appre
ciate the credit of the Southern States; and if tho pur
chase of a largo amount of breadstuffs, for distribution
among tho poor, is to bo effoctod by tho salo of State
bonds, it can only be accomplished at a ruinous discount
The question is earnestly commondod to your gravest
deliberation.
The firm of Browno k Schlrmor, grain merchants of
1 Charleston and Columbia, havo made a preposition t.
furnish corn, and havo rcquestod mo to lay it before
you. They propose that, If the Stato shall advance to
them twonty-flvo thousand dollars, which they will give
> approved security to refund, they will cngago to furnish
slity thousand bushels of corn per month, to bo sold
at actual cost, with transportation and t-c-and-one-half
1 per cent, commissions added, te tho citizens of the
; Mate ; Invokes to bo submitted to coremls-ionors, snd
tho corn to be mbjoct to Inspection by tho commission
ers or by an agent If a larger amount should be need*
ed monthly, that larger amount wid be furnished, upon
condition that tho State mako a pro rata Increase of the
loan. The money loaned la to bo returned aa aoon aa
tho contract terminate?. It is prop .sod by these gon fe
rnen to establish depots for the sale of tho corn In
Charleston, Columbia and Marion, from wbloh pointa it
I may be readily distributed to every section of the State.
Tho members of the firm aro enterprising and trust
worth v, and, if such a contract la awarded them, tliey
wlU dvub tits i MIAU Ita ?tipuU.iow.wuu A-Q?'y . If tia ?
neccsfll los of tho Stato should re?iulro Ibu Importation I
of one million of bushels, to supply tho ?vants ol thot>u I
who munt buy and aro ablo io pay, tbo saving to tho '
po> plo of the stale, by such an arrangement, would not
lall short of two hundred thou ? uni dollars.
1 have been informed that n proposition of the same
sort will bo submitted to you by A. M. Hiker, a grain
merchant of Cliiirloston. who can furnish von with satis
factory testimonials of integrity and business capacity.
These plans ror supplying with corn the whole popula- j
tioii, including tho Hoards of Coinmis-ioii'Ts of the Poor, I
who will bo compolleil lo pr?vido for ii large number of ,
indigent persons, at a profit of only two-and-a-liall per '
cent, to tho contractor, on costs oin! expenses, uro com
mended to your fiivorablo consideration.
IUSMU.K? HOI.tU-ltS.
Agreebly to the resolution of the3l?t September last,
imsjoil by the General Assembly, it i-irculnr was Issued
by me, "directed to each ol' the Tax Collectors of tin
State, requiring thom to furnish nu? with a list ?if the !
names ol all eil-sens bl their respective Districts who
wero permanently disabled in the Stato or Court-derate
Borvici! during tim late war; particularly specifying those ,
who havo been deprived of their limbs, and staling in !
each caso whether it beau armor leg, or both." The i
information thus acquired the Governor was requested
to furnish to tbo iii net al Assembly at tin: noxt regular
Session. Itelurns have been received from the Tax Col
lector?, with the exception of those of Abbeblllc, l'.nrn
wcll, Chester, Chesterfield, Clareudou, Kershaw, Lex- i
lngton, Marlon and Union, and the Parishes of St.
Georgo's Dorchester, St. Helena, St. James' Goose
Crock, Ht. James' Santeo, St. John's Berkeley, St. John's
Colleton and St. Stephen's.
The Districts and names reported have been alphabet- '
IcaUy arranged, and aro herewith traii?niitte<l for your
I-formation. Tho number reported, so fur, its having
lost legs, ?h <m?? hundred ami Kixty-scvcn; oin- bundee.I
and eighty havo lost anus; ono hundred and seventy aro
olherwlBO permanently disabled. Tho printing of the |
Journals ol' tho extra session, together with the joint
resolutions then passed, could not be completed until
within the past week, and my attention was not called to
your resolution of tho 10th Befltombor, "directing the j
O.?vernor to Invite proposals and specimens of artificial '
legs." Proposals havo not been invited. I am, there
fore, not prepared to report "the narnu ol' (hat iiianulae- ;
turor who wiU present the best and cheapest models, with
the price thereof."
COVEniNO TnE 8TATH nOT'SE.
In conformity to your rcBolution of tim 10th of Scp
tomber lost, a?lvcrtlsemcnts wero published inviting pro- i
posais for "estimates of tho cost of covering the new
State House, and ol fitting up therein a sufficient num
ber or rooms for tho uso of the General Assombly and
its officers, upon tho most economical plan. Bids have
bera received from threo builder??. They will bo luid be- I
lore tho Committees of tho two Houses charge?! with tho
subject, together with their respective plans, specifica
tions, and estimates. Well-informed architects repre
sent that the building, in its present condition, will rai?,
idly deteriorate, aud I recommend that au appropriation '
be made to carry out the purposes of your resolution.
-ENERA- INCOItPO-ATION ACT.
I respoftfiiUy renew my former recommendations, that
a general Incorporation Act bo passed. Capital should
be invited into tho Stato by every lcgittoiato means, and
ready faciUtics for organizing chartered companies, where !
it may be concentrated for enterprises too large for indi
vidual effort, would promoto tho end, and aro greaUy
necded. Such an Act would save mnch of the time
which the ?General Assembly is now compelled to devote
to granting charters, Slid would reduce very matcriaUy,
the aunual cost of printing BiU*" and Acts of incorpora
tion.
Tnn INSANE ASY-USr.
I communicate herewith the report of Dr. Parker, Su
perintendent and Physician of the Auylum. You will
leam from it that (here arc now in the institution 113
patients, of whom 00 arc paying and 87 aro charity pa
tients. Tho latter list wlU soou bo increased materially
by transfer from the former, arising from the Inability of
present paying patients to raise funds further to support
themselves. The institution is admirably managed in
aU ita departments, and I commend it to your continuing
favor.
.THE DEAF AND DUMB AND THE BLIND.
The Commissioners of the Asylum fbr tho Deaf and
Dumb and tho Blind, at Cedar Springs, in spartauburg
District, mot in Juno last, and made the necessary tir
rangements for putting the schooln into operation, under
the supervision of Mcs-irs. Henderson and Walker. The
boariliug-houso and Echools were opened early lu No
vember, and they havo now resumed their long sus
pended functions under tho most favorable auspices.
The Bchools aro rapidly fllllug up, niul promise lo reach,
at an early ?lay, the maximum number hcrelotore attain
ed. Tim reports of the. Commissioners and Superinten
dente wiU bo soon transmitted to you. 1 lu-g to com
mend this noble and humane charity to your fostering
caro.
t*X)N_TrrCTION.VL AMENDAIENT PROPOSED Bl* CON
QBHMa
I transmit herewith a communication from tho Hon.
Wm. H. Seward, covering the Constitutional Amendment
proposed to the several Slates of tho Union, by the Con
gress of the United Statos. History furnishes fow exam
ples of a pooplo who have been required to concede more
to tbo will of their conquerors than the people of the
South. Every concession wo luivc made, however, so lar
from touching the magnanimity or generosity of tho
victors, has sharpened their malice and intensified their
revenge.
In tho Burrct-.dar of our last organised army c11li-* 1 ito
Coufi-dcrato Government. Gins. Jouuston and i-hoiman.
each r i prisoniiing the military -cower nail authority of
his rtspeclivo Government, agreed upon certain terms
of capital iti'iu. While exsctlrf* In mmn roiprcts, ti.es i
terms wire in tho main such as a liberal and generous
victcr would coil-.'cda to a fallen foe. Tbcy ?arete accept
sd in good frith by tho Southern people, and every or
ganised body of s?.?lili---ra in oppisitlon to Um laws of the
United .-?tates wero In a few days dispersed. Scarce y
hail the fact of tho capitulation betu inid-i public, how
ivor, bt-foro It wai anuouuceil that the terms were repu
diated by ttio fcxecutive authority of tbo Unittd States,
an.l a proclamation was Usuid, offering amnesty, willi
numerous f xcopto.l classes, to theso whJ had participat
ed in the war. These classes nlio (cqUlSSCed, and COU?
forming to iho requir-mente of the Chief Executive gou
cr.-illv, made application fur pani in, TLc-n f?)ll?i\vo?l
Military Governors and tile military occupation of the
country, under which tho rights of tin; oitbten wero regu
lated by no known rules, aud he was tried and punished
by no "mown laws. This com1'lion of thiugs waa also
actpilescod in ?"til remarkable patience. Provisional
Governors wero then appointed, whose tuncUous were
performed jointly with the military commanders, ami
conventions called by these Governors were assembled
to chango the organic law of tho soveral States. Thus
tUd the pcoplo of SouUi Carolina assemble and obliterate
tbo Constitution that had bcon made and hallowed by
su.-h men us Hutlcdgo. Plnckney, Marion and Sunitcr.
Wo were required to abolish slavery, whiuh had existed
for two hundred years, and was intimately iutonvovou
with the whole social, industrial and financial
fabric ol' the State. We obeyed. When the Legislature
assembled, wo wero required to ratify the Constitutional
Amendment abolishing slavery in the bnited States,
and were made, in part, instruments to accom
plish that resulC lu Kentucky ami Delaware,
when those States had refused to do so of their own voli
tion. Wo obeyed. lu addition to this, all Ibu citizens
of South Carolina, wiUi scarcely cn exception, took the
amnesty oath, which required them to sustain aud sup
port all tho proclamations and laws mado during the
war, and particularly tho:,-"' relating to the abolition of
slavery- Thcso oaths b?vo been obsorved by tho great
mass of Uio pooplo with singular fidelity, and ovcry es
sontial attribute of a truo and thorough loyalty to the
Constitution and Union has been exhibited and prac
ticed. In addition to till this, tho General Assembly of
tho State has, by solemn enactment, a.-co tied to the
black race aU tho rights of person mid property enjoyed
by the whito race. They can buy and sell, grant, convey
and deviso. 1? their personal rights aro Invaded, tbo
samo judicial tribunals vindicate them. They go upon
the witness Btandand testily; they aro permitted to tes
tify iu their own cases, oven when on trial for the gravest
offences. How many of tbo States now enjoying a repre
sentation in that Congress which proposes this amend
ment to us for ratification, accord, by their own laws,
tho samo general rights and privileges to the black
man? Thoy have but a meager number of negroes in
their midst, and if allowed to vote, their ignoran co and
depravity would produco no appreciable effect upon the
result, being less than ono and one-eighth per cent, of
tho voting population, whereas their relativo number
hero is as forty-ono blaoks to thirty whit?-u Do sensible,
fair and Just mon at tho North do dru that theso people,
without information or education, steeped in ignorance,
crime and vice, should go to tho polls and olcot mon to
Congress who aro to pass laws, taxing and governing
thom? Now that all this has bcon dono, what further or
Idgher pledgo of honorablo obedience can bo given by
ono people lo another? Does tho majority who now ralo
Congress expect to make us botter men or better citi
zens, more serviceable to tho country in peace and in
war, by further humiliating and degrading us? Not
withstanding oil theso plod'cb and concessions, it
is sought nilli further to hnmUiato and degrado
the South. Eleven of tho Southern States, in
cluding South Carolina, aro deprived of their
representation in Congreso. Although their Senators
and Representatives havo hoon duly elected, and havo
presented themeclvcs for the purpoBeo.* taking their seats,
their credentials havo, in most Instances, boen laid upon
tho lo Mo without being read, or havo been referred to a
committee, who havo failed to make any re por t on tho sub
ject. In short, Congress has refused to exerclso its Consti
tutional functions, and decido either upon the election, the
return or tho qualification of these selected by tho States
and people to represent us. Some of tho Senators and
Representatives from tho Southern States wero prepared
to take tbo test oath, but oven theso havo been persist
ently ignored, and kept out of tho seats to which they
wero ontiUed under the Constitution and laws. Honco
this amendment has not been proposed by "two-thirds
of both Houses" of a legally constituted Congress, and
is not Constitutionally or legitimately before a single
Legislature for ratification. Waving this point, ho wo ver,
? is it compatible with Uni interest or consistent with tho
honor of this State to ratify that amendment? Do not It
first and last sortions, if adopted, confer upon Congress
tho absoluto right Of determining who shall bo citizens
of the respectivo States, and who shall exercise tho
electivo franchise and enjoy any and all of tho rights,
privileges and immunities of citizenship? The sections
rcferrod to not only do this, but thoy subvert tho thoory
and practico of tho Government since its foundaUon, by
abrogating the right of fixing tho elective franchise con
ferred upon tho rcspooUvo Stato Governments, and by
giving the represontaUvcs of Oregon or California to Con
gross tho power to declaro what shall constitute the
measure of clUzennbip within the Umlts of South Carolina
or Georgia. Who is most likely to exerclso this power
Judiciously-the citlzons of the Stato whereto the regula
tion In to bo made, or non-roaldents, who aro entirely ig
norant of the population, the intelligence, necesaiUes and
resource-, for which legislaUon is undertaken ? With this
amendment incorporated to tho Constitution, docs not
tho f ?jdcnU adornment cease t,o j>0 ono 0f '-limited
* .
power?" in all of the essential qualities which constitute
mi' li .1 form of (in?, .?rum. ut y Nuy, more; itOcs not ltd
adoption revermi the wcll-approvetl doctrine, that Uio
Uulted States shall excre-ls? no powers, uni-?-, expressly
dclcgatod by tbo Constitution I
The third section, if its wpirlt wore rarrietl out. would
not only dlKorgani/..? the Slitlo Guvcruuicnt in all <>i ita
di'partuie iitn, but would rentier it nearly Impossible for
Hie people of the State or South Carolina, at least, lu re
organize a government until Congress, by a two-thirds
VOtO ill tbO CUSO Of each individu ii i..?rnon, i. moves tho
disability. And this for the reason "tal when Heces-ion
was determined upon by lh<; Convention ?I the st ?te,
South Carolina may lu? truly wai.l lo hi\.? i.? mi a null in
sustaining tho doe trino, and in earnestly sud /.? i?..?-|y
prosecuting Uio wur. Who i, thcivlorv. every t llb.t-li ?ho,
ni any time prior to s?.t-..ssIoii, had tak. ii li._lh ??to
support the Constitution <>r tins state nm| ,,?, ,|., (-1-.i^.-.i
siutes," and who subscquuully atded antlabi-tt. ti tin war,
la exeliith ?I from everyoilici.il position, Killie-.1:1 well as
Federal, the magnitud.? of Ibu ?lix id iii., lu unveiled.
Kvery uUlcer lu the past of Ula State, civil and military,
was required, bol?n: entering upon Ila? discharge Ol (bo
duties of his office, to BUbscrib. lo such an e_th, from
the Senator In CoM_T_SH to tho lieutenant in it-, beat
ceinpani.'H. Who then can be made Judges, Ct.ngrc.r__
incu, Leglrtlators, District Ofttcim lind Usgistr it? -i .' It
Is to be obsurvetl, th.-reforc, that as te> this State, tho
adoption ol' the amendment will nccessurily r- null lu
pe-rjury on the part of those who attempt lo i.ll . ik-Ii of
lle-es, eir to anarchy, if they aro not liile-l. C'-?ugrt- , \i>>
litllng unolhcr CSlaMishcd princi|.li- of the Cimstllution,
confers upon itself the right of the pardoning power,
when the Constitution v__t" it in the President How
long would it occupy the atd-iitiou of (bat body to re
move the disabilities impo-ved, foi? a Millirimt numb-r of
our ellizeus to lill the respective oflh-cs In South Carolina
alone? Is anirchy to perv.itle society until it stiils tho
laterc-ts, the prejnellces. tin- imwrfon or (lie raprlce of
Congress to prucliiim such acts Of grace and mercy ?
There are other objection.-" ol'a grave character which
might be urged, and among Hiesc it may lu- UlCUtlOtlCd,
that if the iniicudine-nl ?s ad..,.t..I, we not i-ul.v have uo
guarantee that our representative-? would li.- ad_ni.__d to
Congress, bul Utera an.- unmistakable huUcntlons that
they would still be cxi.ludci.. It is unnecessary, how
ever, to dwell upon a subject which has been ra far de
cided by .he public opinion ol'the people ol'ile? state,
that I am justified lu saying, that ii tito Constitutional
Amendment is to bo adopted, let it be don- by Hi.? irre
sponsible power of number^, omi let nu preserve our own
solf-rospcct, and the respect of oui- posterity, by ni using
to be: the mean instruments of our own shame?.
I tender to you, gentlemen, my cordial co-operation
lu discharging the grave duties and rcsponsibi?tics de
volved upon you at thiB critical ami e-venlful period in
our history. You have the glorious reminiscences of
the past to sunni' .c, and the precious hopes of the fu
turo to e-ncoui-agti you in meeting the_o responsibilities
with forti_ud_. . ouragu miel discretion, and relying upon
tho support . .u protection of the All-powerful arm of a
gracious 0- d, your patriotic efforts to restore the blight
e-el prosp'.ity and reclaim tim broken fortunes of a gen
erous, noble and confiding constitucnev will be crowned
with grateful success. JAMES L. OK?.
BIRD . CO.,
ImportO-rs und _lis.i-ui.ict.ire rs
OF
WHITE LEAD,
4
VARNISHES. COLORS, OILS,
4
BRUSHES,
Kerosene Lamps,
SASHES, DOOKS AND BUNDS.
DEALEItS IN
REFINED PETROLEUM.
Agents for
MARVIN'S SAFES
AND
UOWfi- PLWFOM -.-LUS.
___ O 3
EAST BAY STREET,
SIGN OF MARVIN'S SAFE.
WE ADE SOLE PIlOrillETOnS Ol' THE FOL
LOWING BRANDS OF WHITE LEAP, which aro
COPYRIGHT ED, anel boar OUR TRADE MARK,
and all infringement-, will bo dealt with according
to law: W. __. B. ?- CO.'.. STONEWALL,
WANDO, CIHCORA and ETIWAK. Also, W11.
M. B. _. CO.'S AND QUEEN CITY ZINCS.
Novomber 2_ su
AT THE
CHARLESTON BAZAAR
NO. 621 KING STREET,
Near Upper Guard House
T. P. FORRESTON,
JOBBER AND DEALER IN .
TOYS J
FANCY GOODS .. ^
NOTIONS
TRIMMINGS
FIRE WORKS
FANCY CHINA GOODS FOR HOLIDAY GUTS
FANCY BASKETS
MARKET BASKETS
FANCY WORSTED GOODS,
Ac. Ac- <
Novembor 26 1?-*??
WIGHTMAN & CHIPMAN,
Machinists, Bailer Makers, BlacKsmiths,,
AND
GENERAL REPAIRERS,
QUEEN 8TREET, ONE DOOR EAST OF MEETING.
ALL KINDS OP MACHINERY. FIRE ENGINES,.
HOSE PUMPS, Ac., icopnirtxl at tbo ebor tent notice.
BRASS and IRON WORE, all kinds, neatly executed
JOHUINO PROMPTLY ATTENDED TO.
October 17_ _ wf
~WM. B. RYAN,
AUCTIONEER AND COMMISSION AGENT,
NO. 1 STATE STREET,
NEXT NORTH OF BROAD,
ATTENDS TO THE 8ALE AND PURCHASE OP
Real Kit-ate? and all kinds of Personal Properly, at
Auction or Private Sale; and also to Renting anel Collect- .
tag Rout? o, h.mm-, i_?. ?OTC-?b?-17 '
?. '
. '. .?<.. .-. . .....
A
