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BY JULIAN A. SELBY.
COLUMBIA. S. C.. THURSDAY MORNING, JULY 9, 1868.
VOLUME IV-NO. OS
GOV. ORE'S COMMUNICATION TO THE LEGISIATtJBE--^Concluded
Tiie Act of the Legislature authorizing the establishment of the
Penitentiary, hos vested th?' Executive with almost unhmited discre?
tionary powers, with reference to tho general management of the
institution. Ho is authorized to appoint such officers and guards
as in Iiis judgment the service may .require, to allow them such com?
pensation and to make such rules and regulations for the govern?
ment of tlie prison as may be necessary. You will find among the
papers transmitted, the rules and regulations which I have adopted.
These rules look to the kind treatment of the convict, Jt>ut at|the
sanie time exact from him hard labor. If he has been obedient,
faithful, and has deserved the commendation of the Superintendent,
one-twelfth of his term of imprisonment is deducted and he is set
* free. In other words, a convict sentenced to twelve months im?
prisonment, is discharged at the end of eleven months, provided his
conduct during that period has not been a subject of complaint.
This large discretionary power with which the Governor is
invested, I recommend should be continued. If, with the little expe?
rience which the people of this State have had with reference to
institutions of this sort, it is attempted by legislation to provide for
the management, government and discipline of the Penitentiary in
all of its details, the statutes passed for such a purpose will bc
found to be incomplete, insufficient, and requiring constant amend?
ment. On the other hand, the discretion confided to tho Governor
w?l attach to him a greater personal and official responsibility, in
the general supervision of the institution, than would be tho case if
the Legislativo Department itself assumed entire control.
To secure efficient and reliable guards for the Penitentiary, how?
ever, it is desirable that ft law should be passed authorizing their
enlistment for not less than one year, on such conditions as thc
Legislature may prescribe. It will give the officers of thc institu?
tion a more efficient control over them than is now practicable, and
avoid the frequent changes occurring under the present system.
Propor penalties should be affixed for neglect of duty, desertion,
and for all escapes of prisoners, "voluntary or negligent."
Some law should likewise be enacted affixing a rigorous penalty
upon all convicts who escape from the Penitentiary or from the
guards. Tho rule prescribed upon the subject by me provides that,
upon the recapture of an escaped convict, he shall be required to
remain in<custody nt hard labor for an additional time equal to the
original sentence. That or some less penalty may very wisely be
incorporated in the law. There may exist some doubt how far this
rule established alone by the Executivo may be enforced by the
courts. All doubt, however, will bo removed by tho legislation
herein suggested. "Whatever penalty is imposed should be pre?
scribed by the law, and the Superintendent, with the approval of
the Governor, authorized to enforce it, without requiring the convict
to be tried and convicted before a criminal court.
I have felt it to be due to the character and reputation of Maj.
Lee, Engineer, Architect and Superintendent, to.transmit to you the
record of tho Commission: appointed by Gen. Canby to investigate
Iiis official conduct. The investigation was open to the public and
was searching. The report of the Commission is a most satisfactory
and conclusive vindication of the course pursued by Maj. Lee, and
exhibit him before the State as an officer eminent ly qualified for tho
discharge of the varied and responsible duties devolved upon him
in his three-fold position.
The largo number of convicts in the Penitentiary, and still
greater number of prisoners in the jails, show the amount of crime
existing rn the State to be much greater than formerly. The majo?
rity of cases are for larceny, upon every species of property, and a
I rigid enforcement of the criminal law of the land and the adminis?
tration of speedy and exemplary punishment upon offenders, are thc
only means by which this growing evil can be arrested.
'THE ?LUNATIC ASYLUM.
The report of the Regents of the Lunatic Asylum, covering thc
reports of Br. J. W. Parker, the Superintendent and Physician, and
of John Waties, Esq., the Treasurer, is herewith communicated foi
The report of Dr. Parker shows that at the commencement oi
the year the number of patients was 112; 85 were received during
the yeai" making a total of 227. Of this number, 41 have died, oi
have been discharged, leaving now in the institution 187 patients
126 of these aro paupers, and 61 are paring their own expenses
Of males there ore 88; of females 99.
The affairs of the institution have been administered with great
ability, medically, financially and industrially. The long experience
of the Superintendent in treating diseases of tho mind, qualifie*
him pre-eminently for the discharge of the important and delicate
duties of that position; and his success in all the departments o
the institution will compare favorably with that which has charac?
terized the management of any similar institution in the Unitoc
States. I invoke for it your favorable consideration, and recoin
mend the usual appropriations for its maintenance.
^ It will bc observed that Dr. Parker suggests that hereafter con
victs in the Penitentiary and prisoners in jail who may manifes
symptoms of insanity, shall not be transferred from those places t(
) the Asylum, as is now provided by law; urging, as a reason, tba
the patients in the Asylum object to the practice; and that it intro
duces a bad class of men, who frequently succeed, by imposture, ii
deceiving the authorities appointed by law to determine the (pu s
tion of their insanity. One prisoner, under sentence of death, wa
sent to the Asylum, after a careful and minute investigation of hi
te by a board, consisting of two eminent surgeons of the city o
nrleston and a magistrate. These gentlemen reported that hi
was unquestionably insane; had been so for a considerable time
and that it would be unsafe to allow him to go at large. He wai
therefore, ordered to tho Asylum. Subsequently, he effected hi
escape, and the Superintendent is impressed with the convictio)
that his insanity was feigned. A convict in the Penitentiary wa
also examined by a similar board, and for the same reason sent t<
the Asylum. In a few weeks he, too, made his escape. It is possi
ble that the cunning of these parties enabled them to deceive til
legal examiners appointed to decide upon the mental condition c
those who are alleged to be non compos mentis; but in both case
every precaution wa*; taken to guard against imposition. Whethei
therefore, porsons feign insanity or not for the purpose of escapin
from the hands of justice, it does not affect the suggestion made b
^ the Superintendent, that criminal lunatics should not be sent to th
Asylum, and I cannot concur in the views presented by that officei
The insane hospitals of the country have been provided by th
public to insure proper treatment and attention for every person i
^ the community who may be afflicted with that most deplorabl
W of maladies-insanity. Superintendents, physicians, nurses an
attendants, the regimen, exerciso and employments of the patient:
are all intended to contribute to the relief of the sufferer. It is a
matter of little consequence whether the patient be of high or low
degree, whether he comes from an exalted, humble, or even dis?
graced circle; the same general treatment and experience is neces?
sary for all. In the Penitentiary no facilities exist, nor can they
exist, within that institution, and much less in the jails, for the
proper treatment of prisoners bereft of reason. It is true, that in
each there are cells of sufficient strength and means to prevent the
lunatic from doing violence to himself or to others ; but when sub?
jected to such harsh treatment, without the attendant influences to
be found in a well regulated Asylum, looking to the benefit of tho
patient, the malady is rather increased than diminished. Humanity,
therefore, dictates, in a voice which cannot be disregarded, that
these persons, however degraded they may be, shoidd be trans?
ferred to the Insane Hospital, for proper treatment, even though it
may be at the hazard of imposition, or of making their escape. It
is better that one feigning insanity should escape the punishment
he deserves, than that those who are really insane should bo kept
within the walls of a prison until all hope is lost of ever restoring
a ray of reason, and for no other motive than that other lunatics
may object to their presence under the same roof with themselves.
THE UNIVERSITY OF SOUTH CAROLINA.
By Act of December, 1805, the South Carolina College was con?
verted into a University, and schools established for teaching physi?
cal and moral science. In 180G, the law and medical schools were
created, and the institution, since October, 1807, has been in com?
plete and successful operation.
The report of the Chairman of the Faculty, herewith transmitted,
shows that the whole number of matriculates in the University,
since October, is 115. The extended course of study which has
been introduced as a part of the University system, and the incor?
poration of the medical and law schools therewith, promise to
largely increase the number of students and the benefits of the
institution. The annual expenses under the University plan have
been greatly reduced, the appropriation for professors now being
but $10,000, while under thc college system thc appropriations
yearly amounted to more than $20,000. The partial self-supporting
character of the University subserves tho double purpose of reduc?
ing the expenditure and of stimulating moro activity and energy
among tho professors in the performance of their duties, each one
being interested in increasing the numbers in his respective classes.
Another feature which commends thc present over the former sys?
tem is, that one student from each County of the State, to be
designated by the delegation therefrom, is entitled to attend thc
lectures free of charge for tuition, use of library and room rent.
This, to a great.extent, is compensation to the State for the appro?
priation made-from the Treasury for the support of the institution.
I commend the University to your patronage, under the finn
belief that it may be built up as a high seat of learning for South
Carolina, and continue to diffuse knowledge and education among
her young men.
Entertaining tho conviction that the mingling of the races at thc
lectures of the University will defeat both in their efforts to secure
an education, and impair the usefulness of the institution, I suggest
the propriety and wisdom of appropriating the present University
to the white race, and of establishing another college or university
for the colored race. By this means all disagreeable collisions and
tumult, resulting from association, will be avoided. The Citadel, in
Charleston, is admirably adapted for the purpose last named, and
can be readily transformed into an educational institution. It can?
not be doubted that white as well as colored youth will prosecute
their studies with much more profit, separate from each other, than
in an institution where antagonism will surely prevail.
THE ASYLUM FOR THE EDUCATION" OF THE DEAF AND DUMB AND THE BLIND.
This institution was re-organized in November, 18GG, and the
Commissioners-whose report is herewith transmitted-recom?
mended the Legislature to make an appropriation of $8,000, if so
much might be necessary, for the education and maintenance of the
deaf and dumb and the blind, at the Cedar Springs Asylum, in
Spartanburg District. For some reason, the Legislature appro?
priated but $4,000 for this purpose. At the first meeting of the
Commissioners thereafter, it was determined to restrict the number
of students, so that the appropriation would support the institution
until the close of the fiscal year, on the 1st October, 18G7. The
school was operated very successfully, and to the entire satisfaction
of the Commissioners; but on the date referred to, the appropria?
tion was exhausted. Two of the three Commissioners thereupon
held a meeting, and determined to suspend its further exercises,
not knowing when the Legislature would meet, or whether in case
of its meeting, appropriations would be made to pay expenses that
might be contracted over and above thc sum named. On the 1st of
October, therefore, the exercises of the institution ceased, thc pupils
were sent to their respective homes, and the corps of teachers dis?
The location is an admirable one. The buildings are large and
commodious, and have been erected at so much cost to the State,
that it would be unwise to allow them to go to decay. I am not
prepared to recommend an appropriation for re-opening the institu?
tion during the present or succeeding year, in view of the great
embarrassment surrounding the people of the State; but authority
should be granted by the Legislature to tho Governor, to rent or
lease the buildings for two years or more, so that he may avail him?
self of any opportunity that may present itself of securing a tenant
who will protect the premises, and keep them in necessary repair
until the finances of the State shall justify the re-organization of
Tho General Assembly, by Act approved 20th of December, 18GG,
created a Bureau of Emigration, and appropriated the sum of
$10,000, from the Contingent Fund of the Executive Department,
to be expended under the direction of the Governor. John A.
Wagener, Esq., was appointed Commissioner on the 18th of
February, 18G7, at a salary of $1,500, to organize a Bureau at the
earliest practicable date, which he promptly proceeded to do. On
the 5th of April, Mr. W. J. Forlov was appointed the agent foi
Denmark, Sweden, Norway, Schleswig and Holstein; and Mr. F.
Melchers was appointed the agent for Germany. Both soon aftei
sailed and entered upon the performance of their duties. Thc
salary of each was $1,500 per annum.
A publication containing much valuable information as to thc
resources and prospects of South Carolina, was prepared by Mr.
Wagoner, and has been translated into several European languages,
Some emigrants have been sent forward by these agents -already,
and others are expected to arrive during the course of the presenl
summer. Every citizen of the State, having lands for sale
sale, has been invited to furnish the location and description of thc
samo to Mr. Wagener, who enters it in a book. He has already
collected quite ar amount of information upon this subject, and is
prepared to indicate to emigrants coming hero and desiring to settle
permanently, the location and qualities of land most likely to suit
their tastes and inclinations. ,
Tho great difficulty which is encountered in securing emigrants
directly to our own coast, arises from tho fact that very few vessel*
are trading directly between the ports of Europe and Charleston.
When the financial condition of the? State shall have materially
improved, it may be found wise to establish a line of steamers to
ply between Charleston and the ports of Germany, Ireland and
Northern Europe, and thereby facilitate thc transportation of the
emigrants directly to our own ports. When landed in Northern
ports, great exertions aro mado to retain them in tho Northern
States, or to carry them to tho West.
The greatest want of South Carolina, at present, is population.
Om* territory contains moro square miles than tho entire New
England States combined, (excepting tho State of Maine,) and one
or moro of our Districts is larger than tho State of Rhode Island.
The soil is abundantly capable of subsisting five times tho present
population; and with thc numbers thus increased, all of thc re?
sources of the State-agricultural, mechanical and manufacturing
would be rapidly developed. Many of the citizens of tho Northern
and Eastern States, are already turning their attention to the South
as a home ; and a cordial invitation and hearty welcome should be
extended to those who desire to make actual settlements upon om*
soil. European and Northern emigration ought to bo encouraged
by all available means within the command of tho General Assembly
and of the people at large.
ARTIFICIAL LEGS FOR CITIZENS OF THE STATE.
By Act of December, 1866, the General Assembly directed that
the Governor should furnish all citizens of the State who lost theil
legs during the war in tho service of the country, with artificial
legs; and appropriated tho sum of $20,000 to pay for tho same, and
to carry out the provisions of the Act.
Proposais were invited, by public advertisements, from patentees
who were engaged in tho manufacture of artificial legs, and a num?
ber presented themselves, with their specimens, in March, 18G7. I
appointed a Board of Surgeons, consisting of Drs. Talley, Gibbes
and Taylor, to whom all specimeus were referred at that time, and
they reported in favor of the limb invented and manufactured by
Dr. Douglass Bly, of Now York. Tho contract was .closed with
him to supply the army and navy pattern, pursuant to the provi?
sions of the above Act, at $71.05 each; parties who desired the ball
and-socket limb-which was superior-being allowed the privilege
of thc same at $150, by paying the difference between that sum and
the contract price, to wit: $75.35.
Thc contract stipulated that Dr. Bly should be paid in United
States currency; but his accounts, thus far, have been paid in Bills
Receivable, the several drafts drawn from the Treasurer showing an
outlay of $15,007.75 in these funds. This amount has enabled him
to realize only the contract price in United States currency.
With thc view of having the work faithfully executed, I appointed
Dr. George E. Trescott an inspecting surgeon of the limbs when
completed, and required his certificate that each leg was furnished
in a workman-like manner, and properly and satisfactorily fitted to
the stump of the patient. For this service he received $2 for e ach
leg inspected. Under the contract, thus far, there have been fur?
nished by Dr. Bly 170 legs, (and one extra leg and arni, at a cost of
$200, authorized by a joint resolution of the General Assembly, to
be presented to July Holliclay, a colored man of Sumter District,
who lost an arm and leg in Fort Sumter during tho seige.) There
remains only twenty or thirty limbs to be supplied under this
appropriation. It is proper to add, that Dr. Bly has faithfully
complied with his contract, and that the legs furnished by bim have
been substantial and given very general satisfaction.
THE NEW STATE HOUSE.
Thc General Assembly, at the December session, 18GG, made an
appropriation of $12,000 to place a temporary tin roof over the new
State House building, having become satisfied that the unprotected
walls and arches of the structure were being materially injured by
exposure to the weather. Proposals were invited for plans and spe?
cifications, and although various designs were presented looking to
the construction of a roof imposing in appearance, thc limited
appropriation made compelled me to adopt the plan submitted by
Messrs. Kay ct Hewotson, Architects, of Columbia. The contract
was then given to the lowest bidder, who stipulated to do the work
for $12,581. The commissions paid to the architects, who were
required by thc Legislature to superintend the undertaking,
amounted to $020.05-so that the entire cost of the roof was
$13,210.05. The deficiency in thc appropriation was made up by
an order from Gen. Conby, authorizing an additional sum. to be
drawn from the Treasury. By the terms of the contraed the builder
was to be paid in United States currency, and thc payment in Bills
Receivable will explain thc excess of drafts over and above tho con?
tract price. The architect certified that the work had been done
according to the plans and specifications. On the 2i)tli of M ay, a
destructive tornado passed over part of the city, and carried away a
portion of the roof. It will require some $3,000 to repair the
It is recommended that an appropriation be made to fit up a
sufficient portion of the building to accommodate the Legislature,
its officers, committees, the Court of Appeals, and officers of the
Executive Department. The edifice is very nearly fire-proof, a nd it
is tho greatest importance that the archives and records of the
State which were not destroyed by thc fire of February, 18G5,
and by the ravages generally of the war, should bc preserved. The
rents that will be annually required to pay for the use of buildings
to accommodate thc several departments of the State govern m cut,
will soon exceed the amount necessary to put the State Hous e in
sufficient repair for the same purpose.
There is no probability that the completion of tho building, 4
according to the original designs, will take place for years. Very
much of the elegant marble and granite work which had been
finished, and was lying under tho sheds waiting to bo lifted to its
place, was destroyed hy uro or wantonly broken into fragments
during the occupation of Columbia by tho army of Gon. Sherman.
It is estimated, by the former architect, that not less than $800,000
worth of finished, work was thus ruthlessly ruined. To complete
the structure in the manner originally designed, will cost about
$2,000,000, and the impoverished condition of the State should cer?
tainly admonish those who have authority to levy taxes, of the
impoliery of taking any steps whatever towards a resumption of the
[Continued on Fourth Pane.]