M,not yet been paid. The
the institution, fox the
October 81. 1872, werf a?
id. ?80,000: hire of convict
proprlated. *80,000: hire of
nditnree/or , the e*me period were
* ring unexpended ?10.018.25.
L'B?expended balanoe from tho
e etetod, namely, ?7,467.11,leaves
lefloienoy of $7,438 86, for which
i directors aak, and I recommend
^feW1 ?RPr<?Rri?W0ft .be. made. The
rtntendont ia hia ? report .cUuns. and 1
rwith reason, that tho earn of ?7i.690.43
as, the aggregate.. txpeuditares for the
ear, should bu abated by various items
1 detailed, and that tbe roal sum ex
. I lor tho support and construction of j
.the prison, fur tho fiaoal year whioh com-!
?menced on November X, 1871. should be eeti
pSgftft at $56,7:98 68. fctifc ; - *
Tho very able and lucid report of the Bu
pcrintendont oxhibits the. gratifying faot that,
the South Carolina Pen!teutiary has thus far
?cost, for its construction, much less, relative?
ly, thau any similar building iu tho oouutry,
while in pUuand material, being of graulto, I
.it4a bxfonor-lo none....He institutes iu proof |
of this fact, from official data, a comparison
between the coat of the North Carolina State
, raaon and our iowo: in tbe4 former, tbe cuat,
perooll Was ?3,04,7, w bile tho coat per coll of |
the penitentiary of .tbia State, of the same
class of cell, iu every respect, is only $1,000,
"beingA JitUeieaa , than one-third oi ihocoat
-of th? formar. ?
Tho Board or Directors again urge that tbe
State should purchase * tract of Und, or easy
access to the penitentiary, to be used aa a
?farm for the prison. Tr/tey name 100 aorea as
a sufficient area, and allege, aesmiugly with
reason, that anoh a farm, of good arable land,
. properly oultivatod and managed, will furnish
all she breadstuff* and vegetables, and a
large part of the meat required for the use of
the oonviota. Aa it ia designed that the peni?
tentiary shall be as far aa possible self-aua
talning, and aa the establishment of a supply
Jfann, in connection therewith, will contribute
to that end, and will be, from a practical
^point of view, a measure of economy, I re?
commend that the nooeasary appropriation be
made, at the preaent session, for tbe pur?
chase of such farm.
. The number of convicts in the penitentiary,
on the first day of Ootober, 1871, was 309; tho
number bow in confinement ie 318; showing a
?eduotion of 91 during tho year. The Direct*
otb state that this large reduction ia chiefly
duo to the pardon of many oon victe when near
-the close or their terms, on account of good
behavior during their imprisonment. The
i Board express their belief that tbia liberal ex
sroiso of the pardoning power has tended
.greatly to improve the morals and behavior
of tho oonvioita. aa it holds out to eaoh tho
bope of an earlier release aa the reward for
exemplary conduot in prison, while his exer?
cise of the eelf-reatraint thus encouraged,
furnishes in itself a valuable discipline to fit
him to reaume onoe more those rights of citi
aensbip whioh he has forfeited by orime.
The Board invite attention to the very im?
portant faot that tho validity of the title held
by the State to a great portion of the land
?on which the penitentiary is situated la again
in dispute. I recommend that the Attorney
General be instructed to institute the neces?
sary- proceedings to quiet the said title, and
to defend the claims oP the State in the pre
Tae accompanying report of tho Superin?
tendent of the Penitentiary, whioh ia foil and
clear in all necessary details, will give your
honorable bodies ample information as to
tbe practical working and cost of tbe institu?
tion, and the paat and preaent diffioultiea en
oountored in ita administration, and tbe re?
medies requisite for the future; for all of
?hieb I ask your favorable consideration and
prompt action. .
The Board of Directors highly oommend
-the Knperintondout General G. J. Stoibrand.
, tor his untiring z.ml and efficiency in the dis?
charge of his difficult trust during the past
f car years. ??..'.
.These commendations, I am aa cure, are
well deserved. Tho Superintendent baa ex
feibited in ? hie .offijo administrative and exe?
cutive.- ability, aud although etveielytested
at most critical periods, ho hau risen superior
to every emergonoy.
i The report of the Health tffioer of the Port
of Charleston, herewith transmitted, fur?
nishes, together with a largo fund of useful
?and pcrtlne'ut iufoiLuailon (he gratifying in
telligenco that no case of yellow foyer or
--"-illrptJX, 'br other opidomio diseaso, ha.n
? import d iute- any or tho Citloa op our
coaac during the present year. Tbis immu?
nity'from Uoi introduction from abroad of
j^jWlejjcojin.qur midst, 1/ dou^?T^elj^,the
With^ great industry and skill, thus averting
fyom our people' that loathsome disease, the
?mall pox, Which has bat rocontlv ragfcd With
destructive, effaot .In communities to tbe
, Northward of us. ,'T ...
'Hla report, however, gives ns the unwelcome news
'that the small pox fa advancing South across the Con.
I '? tlnont, and as a meaaare of precaution "and In the In
? ' tor as t of human life, he recommend* most earnestly
? the* the General Assembly will Without delajr provide
law for a compulsory system of vaccination. This
J hinein o and judicious recommendation has my hearty
' concurrence, and In furtherance of its object 1 rocom
' 'mend that the County Commissioners of each County
?hall be forthwith required to purchase the necessary
; ? vaccine matter, nnd that ah Indigent persona who
i may bo unnbls to pay for tho same ahull be compelled
liOeobmlt to Vocctnouon at. the expense of thotr re?
spective counties, should tho local municipal author
| J ties have falkd to mako suitable provision therefor.
? I would also rocommeiid that tho Superintendent
of Education bo instructed to prohibit, public teach
" eis from receiving into tho common schools of tho
Btate any child who has not beeh vaccinated. " -
' la this 'connection the Health Officer refers to tho
? fact that In 187. * system of vacelnaUon in tho pub?
lic school? of New York (being considered tho funda?
mental and most successful means of protection
.from small pox,) was thoroughly organized and a spe?
cial corp? of inspectors designated for tho work.
'" The Board of Education of Now York, recognising
-the Importance of vaccination ns a sanitary prevent?
ive to fasti re have Incorporated Into Ahefr by-lows a
section requiring all children attending public schools
? I tie be vaccinated, as a prersqulstte to their sdmlsslon.
The exemption of the people of Massachusetts for
'Several years past Crom the attacks of small pox Is
-stated to bo due almost entirely to the medical laws
of that State, wh'ch enforce tho vaccination of all
pupils In tho common schools.
or. Lobby also calls attention. In his report, to tho
'?Many Interesting fsct tho the Cinchona or Quinine
tree,which is Indigenous to Peru, is rapidly dying
out, from the constant and increasing demand for Its
'bare.-This is a matter of special'Importance to those
or our people who reside within the malarial belt of
our low country, quinine being the most potent spu
?ifio known for malarial fevera.
Tha American Medical' Association, bovine dirocteri
- their nttontion to this Important' subject, Dnd that
tbe climate of California is well adapted to the growth
' ? of tho Cinchona tree, and they have petitioned Con
? gress t4f vovlde by law for the planting and oatUvn
. lion of itapou tho public lands litthat State.
- This may l>o practically effected by a provision In
,' the la\ys regulating the survey of the' publlu lands of
? xoo United States which ' shall require each deputy
Surveyor to deposit near evory comer nnd niouu
ment on tho lines of survey several or tho seed of tbe
Oinohonr. (quinine) tree.'
? -? I would, therefore, recommend your honorable
! bodies to memoriallso tbo Congress of tbe Unflcd
j-etetts to the oooomi>ll3hinont of tlio end In view.
. (Your,early action is also requested upon tho oondl
. tlon of the Quarantine buildings, or Lazaretto, on.
. Morris Island, in the harbor of Charleston. Since tho
' completion of thcsobnlldln'gstfnnryears ego, us author?
ized by law, the rapid encroachment of tho sea on the
shore llns of the Island greatly endangers tbolr
1 safety. '.
f'- oi would recommend that in the annual appropria
.tlona. Which .wilt b? made for quarantine purposes,
tbia important subjoct bo taken into consideration
, and provided for, as It will cost the Btate much less
.itt'trte end to remove or protect tho buildings now
than to aWalt their destruction by the so., which
' woold necessitate a much larger outlay for tho erec?
tion' of new ones.
. |i 5 transmit herewith the first annual report of the
Stato Inspector of Phosphates, and askior It yonr se?
rious consideration. The phoiphnto deposits lying Iu
, lhp beds of our navigablu streams and wators form the
onlV sourcet of revenue to the 6tate,-of any Importance,
exclusive of fUBttOK
By an Act of Uta General Assembly, passed March
1st. 1870f oertdnjwraons now known m tho" Marine
for the^pod ofTfcnty-engrskra, kefea^ewfy en*
dig, ?Bne. atotf? remove ttfil pho?haU
rook fr? the bedAf thc^aavlgable etfesjpe amf watt
era of tie State. Bahre commencing operation a n n der
Lurlty of t hat Ac t, Iho gran top s and th oir S4SOr>
'?re rlsquifSeUo '--fllo I?the 0?c* of the BtatftN
Auditor a bond, In the penal turn of fifty thousand
dollars, conditioned that they shall make true and
faithful returns to the said Statu Auditor, annually, on
or before the 1st day of October, and oftoner, if required
by the State Auditor, of the number of tons of phos?
phate rock and phosphaUo deposit dug, mined and re?
moved by them." . .
I It was farther conditioned that Iho said grantees
"shall punctually pay to thoSUto Treasurer, annually,
on the first day *if Ootobtr, one dollar per ton for every j
ton of phosphate rock and phosphatlc deposits by
them dug, mined and removed daring the year pro
Aa the State had reillxcd but a oomnaratively Inslg
nlflcanUsmn from thisgrant of her phosphates, which
nro estimated by experts and dealers in commercial
fertilizers, to be worth several millions of dollars, the
'General Assembly provided for the appointment of an
Inspector of Phosphates, by an Act approved March
6, lsTS. i ' ? ?
Pursuant to'the terms ot thnt Aet nn Inspector of
Phosphates was appointed by my distinguished pre?
decessor and confirmed by the Senate. 'Iho Inspector
thus appointed Is generally considered as, well qu>dl
fled In every respect for the position, end has achieved
n high reputation for skill in agricultural chomlstry,
He entered upon his duties on or about tho 10th day
of March, 1878, and sinoe that time has closely de?
voted himself to thctn.
He states in his report that "tho Marino and River j
Phosphate Mining and Manufacturing Company re?
fused to acknowledgo tho right of tho Leglsiatnro to
pass laws supervisory of their mining operations.
Tho odicers of the company, aeUug-undor instruc?
tions, denied mo tho exercise of authority delegated
by tho Legislature for the protection of the most
valuablo interests of the Statu."
IIo reports that he requested the co-opemtton of tho
Sroper State authorities In tho porfonnnncc of his j
utlos to tho Stale, but that they expressed tbomscl ves
as being content to receive from him tho returns of |
tho Marine and Elver Phosphate Mining and Manu?
facturing Company, as rnado out at tho Custom
Houses of Charleston and Beaufort, and that In spite
of the lack of their assistance, ho used every effort
to eorry oat the spirit of tho law until tho nction of
the officers of tho company became so hostile that it
was Impossible to obtain reliable information."
It Is munifeat from tho charter of the company re?
ferred to, which demanded from the company n bond,
with tho conditions above reel tod, for the protection
of tho Interests of tho State, that tho grantees were
placed under a penal obligation by the State to make
trno and faithful returns of tho phosphate "due,
mined and removed'' by tho company. Tho imposi?
tion of such obligation establishes or Itself tho right
of the State to provide, through Its own agents, for n
verification of those returns. Otherwise the State
might be made the silent spectator and nnroiistlng
victim of a series of returns, totally depriving her of
a large and much needed income duo her by law.
That tho returns themselves were not to be dcr-mcd
conclusive evidence of tho royalty due Is made mani?
fest by the closing paragraph or the charter, which
declares that "tho books of suld grantees and their
associates shall bo opened to the Inspection of the
State Auditor, or agent duly appointed by him for
Nor could tho books themselves be held as final und
unquestionable proof of the fidelity of tho returns,
as they would bo tho creatures of the sumc party in
interest, and the books exhibited and Iho returns fur
warded conld, with facility, be made to aeconl, as the
capacity and temptation to commit tho ono fraud
presupposes tho will to perpetrate the other.
The General Assembly recognized tho necessity of
snch verification in the following provision or the
" Act to provide for tho appointment of au Inspector
of Phosphatc-s, and to declare bis duties.
Bwj. 2. :?"*?:?? " And to tho end that tho said
Inspector of Phosphates may bo enabled to verify
the reports of the quantity of such rocks and de?
posits which have been or may be dug, mined excava?
ted and removed, he shall, at all times, have and bo
allowed, free and uninterrupted access to all placos
where such rooks anddenoslts ore Jug, mined, or ex?
cavated, and to all warehouses, or open or enclosed
places, whore such rocks and deposits aro stored, and
to all vessels, railroad cars or conveyances In or by
which snch rocks and deposits are being removed."
It is unfortunate that this Act does not provide
any penalty for resisting tho Inspector in the per?
formance .of the duty enjoined upon him by the
Section just quoted,
I therefore recommend tho enactment of n law
declaring that any person who shall kuowingly and
wilfully reslbt the Inspector of Phosphntes in the
discharge of his duties, or shall prevent, or attempt
to prevent, the performance of tho same, cxec.pt by
due course of law, shall be deemed guiltv of a mis?
demeanor, and providing a suitable penally fur such
I further recommend that all the Phosphate Com?
panies under charter from the State bo required by?
law to tnskc to tho Comptroller General a monthly
return, duly sworn and attested, of the number of
tons " of phosphate rock and phosphate dcposjts by
thorn dug, mined and removed from the beds of the
navtgnble streams and writers of the State." This
monthly return to be In liou of their annnai return
aa now required.
These mysterious deposits of animal remains,
which chronlelo a period of thno that was prob?
ably, ancient hofore man walked upon the earth,
came to ns, as It were, d great charity of nature,
whloh ander tho direction of a beneficent Provi?
dence, reveals bor treasures In timely response to
; The, total royallty received by tho State from the
j.Phosphate Comnaules amounts as follows :
. Marino and Itlver Company?
1870...........\..$ 2,-1-0 40
18T1. 17,655 00
"181*. 30,267 49
South Carolina? I I *.
1S70......?. $500 00
This'is a very inconsiderable income from such
The 8tate, however, has the power to protect Itself,
and should rigorously guard its interests and enforce
j Its rights In the premises.
There is no uublect that with greater propriety de.
mands your It-glslatlvo action than that of immigra?
tion, or the coinltg Into tho Statu of persons liom
abroad, for permanent settlement.
Especially is it desirable that tho class of Industrial
Immigrants who aro skilled in agriculture, And who
possess tbereqnlslto amount of capital to purchase
and cultivate small farms, and thus swell the sggre
KSte of our agricultural products, and cheapen the
prime necessaries of life, derivable from the Ullage
of tho soil, should bo encouraged to como among us.
.Tho attention of tho State Legislature was directed
to this subject in 1S66, and accordingly on the 20th of
December, of that year, an Act was passed 'Tor tliu
protection and encouragement of European Immigra?
tion." That Act provided for n Commissioner of bn
gmtlon at a salary of * 1,500 per annum, nnd appro?
priated tho sum of $10,000 to carry out Its objects.
The same Legislature had previously, on the 21st of
December, 1865, granted a charter to tho "South Car?
olina Land nud Emigration Company, formed 'for
the purposo of encouraging the Immigration of free
irAi7? labor to this State.,r
The plans proposed In both of those Arts were es?
sentially tho snmo and fatally unwise, both in their
Inception and execution.
They were designed practically to incito and fos?
ter tho Importation of European luborers for hire on
the plantations lu the Slate, with tho view ungener?
ously to supplant tho colored agricultural laborer*
with whom tho Slate was abundantly supplied, and
who were able, nnd wilting, nnd eager (o ptr/orm a
fair datfa icork for a />tlr day'* wage*.
However desirable European immigration may be
to onr State, those plans failed, ns they onsht to have
fulled, nnd every humanitarian In our State should
have been delighted at their failure.
Under tho operation of the Act first uited a limited
number of emigrants arrived at Charleston, in the
year 1807. Pursuant to the 7th section of that Aet
thoy were on arrival, duly registered nt the office of
-the Commissioner Of Immigration, and were classi?
fied ns artisans, mechanics, farm laborers, house ser?
They were nearly all. If not entirely, from Ger?
many, a land thnt furnishes our country with it large
fraction of its most intelligent mid enterprising adopt
I ed citizens.
Many of them weis speedily employed by planters
in tho Interior at what shonlii bo regarded as a mod
I erste rate of wages or aboat 412 a month and ''found"
On arriving at their now homes- they found them?
selves utterly unfamiliar with the customs and tho
language of our people.
Thuir wonder was much heightened when the tifual
plantation ration WAS issued to them, consisting of
bacon, corn meal, tali and molasses.
Their astonishment at being expected to he satisfied
with snch fond equalled that of the planters who won?
dered at their repngnonco to such staple articles of
Tho natural result was mutual dlssstisfiiotion, and
the return of the European farm laborers to Charles?
ton, where they wore humanely provided for by their
Tho vast tide of Immigration which annually pours
Into the United States loaves Scarcely u ripple of its
mighty stream mik>u our snores.
Dating the year ending Juno 80,1871, there nr
? ? ? Iii I Ml '.I'" m
rived In tho United States from focelgn-countries,
three hundred andtwenty-one thousand three hun?
dred and fifty ImrnlgrwiUs-of whom bat twsnty-mne
entered this BUte. namely r one trtftn Ireland, three
tim Enjrtaniteand twenty-five from Germany. T&at
lmttenasJllvlBt wave Ingres* pert rolled ou wostward. -
Yet Utero ST no State'th-the Union that offers
greater natural attractions \a the agricultural immi?
grant than OUtt. ;' ' '-? S/--"t" ':"~
Situated between the 8W1 ?cd 8W parallel! of north
latitude, and between the 70th end ?M meridian* of
longitude wesi-from Greenwich, it lies along the
isothermal bolt or lino of equal Umperaturo, deemed 1
the most favorable for tho lengthening of human life.
It Is adjacent to the same parallel of latitude with
Southern France, Italy and Spain, aad has alt tho ad -
vantages of climate whioh.they possess.
The fruits or the tropic and temperate tones, and
all the cereals known to commerce, flud here a con?
genial clttrre, while tho yellow pine, cedar, tho. red
nnd the white oak, the hickory and tbo walnut are
among our forest trees. . - ??.~ . ~?
Our soil will compare favorably with that of most
of our alstor States, and our seasons aro as regular,
and they uro so tempered that mechanical and agricul?
tural labors may be prosecuted throughout'the entire
Onr climate, too. exceeds In hcalthfulucss that of
many of tho ? northern tier of States. ? In proof of
this, I refer to the fact shown in the mortality tnblos
of tho eluhtb censns of the United States for tho decade
ending June 1st, 1SU0?that the number of deaths in
Massachusetts was one in fifty-seven, while in South
Carolina the rate was ono in seventy-one, tbo per*
contagc In tho former Stato having been 1.70, and In
We have. In round numbers, fourteen millions of
acres of arable lur.d and less than one-third of this in
cultivation; tho tut.il quantity of lands In this State
in Improved farms being about four millions of naos,
? two-thirds of tbe Mmble '?nd lying fallow.
i Onr taxes have never been, nor arc they now, exor?
Taxation In the Stale for tbo past four years has nut
averaged eveu nine mills on the dollar for State ami
County purposes, nnd the taxes for the present year,
amounting, for nil purposes In tbo State nnd County,
to fifteen mills on tho dollar, nre actually far below
that figure. In view of the great undcr-vnluatfon of
property of all classes, not in the assessment in all
cases but in the estimate on which the rate of tax?
ation, Is bnscd.
For Instance, the average prico of farming lands is
about six dollars per acre, while the same lands arc
valued for taxation at only one dollar and fifty cents
YVo have also adopted the admirable New England
system of freo schools liberally endowed with am?
ple appropriations, which henceforth will not fail of
application to their vital and sacred object. In ad?
dition to all tbeso manifest advantages of soil and
climate, there arc several railroads traversing a large
section of tho State, connecting with Hues running
North, making markets of easy nrcess, nnd wc have
a liberal homestead law. which exempts fifteen hun?
dred dollars' worth of real and personal property
from execution nnd silo fur debt, unit Imprisonment
fur debt baa been abolished.
In view, therefore, of the pressing Importance of
inviting immigration tu out Slate, and to the end
that it may be fostered and encouraged, I recom?
mend tho exnctmetitof a law providing that nil per?
sons who immigrate I" the State prior to the first
day of March, lS7f>, nnd engage In the cultivation of
tho soil, shall receive from the Slate Treasury n
bonus in money equal In amount to the Stato ami
County taxes assessed upon their cultivated lands
and farm buildings; such [Minus to be paid annually,
anil to be continued fur twu years after the cultiva?
tion of such lands shall have been commenced.
Tho plan I propose contemplates the setting In
motion a current of domestic Immigration from the
Northern Sudes of tho Union to our own Stato. As
much to be desired ns is an Immigration into our
borders by the hardy yeomanry and skillful farm
population of Europe, we have lio agencies at our
disposal by which we can hope tu turn the stream of
foreign immigration from the new States of tho
West, Into which it Is steadily flowing. It Is practi?
cable, however, to secure large accessions t<? nur
rural population from our sister States of the
North, which have fewer natural advantages than ours
for agriculture, and have a population which is fast
becoming extremely dense in prooorliuii to their
In Illustration of this fact I refer to the census of
the United States, of 1S70, which gives the population
of Connecticut at five hundred and thirty-seven thou?
sand fuur hundred nnd fifty-four: that of Massuchu
setta at one million four hundred and fifty-seven
thousand three hundred nnd fifty-one; and that of
Pennsylvania at three million five hundred anil
twenty-ono thousand seven hundred end ninety-one.
Dividing the number of inhabitants in thesw States
respectively by the number of square miles In their
areas, wc find that the population uf Connecticut la nt
the rate of IIS to the square mile, that of Massachu?
setts ISA, omi that of Pennsylvania 76; South Caro?
lina has an urea nearly five times as large as that of
Massachusetts, and less than half of her imputation,
while the number of our inhabitants is only 10 In thu
square mile. In the State of New York the density
oi population is OS to the square mite, and in Hhodo
Island 166. If tho Northern agriculturists and me?
chanics, who arc now uncomfortably crowded together
In their native States, can lx> induced to settle here in
any considerable number we will thereby add an cle?
ment of immense value to our populatiun. They ore
tho class of men who make great cities out of small
towns, and build mighty States in the wilderness.
In pursuance of the plan for the encouragement of
domestic immigration ns herein proposed, I recom?
mend the creation of the oiliro of Commissioner of
Immigration, with such n salary as in your wisdom
you mar think proper, and that the sum of ten thou?
sand dollars bo apprupristcd for the payment of such
salary, and other expenses incident to the purposes
of said ofiice, namely: The dissemination throughout
tho Northern States of correct information In regard
to our climate and agricultural resources. The Com?
missioner of Immigration should be selected with tho
sole view to his especial qualifications for the posi?
tion, and one Of his duties should be to travel in the
interior of tho Eastern and Middle States, and invite
Immigration through occasional public lectures, set?
ting forth the value and location uf our most desirable
lands, with ? xoct information in regard tu the mineral
wealth, vegetable products, climate and sanitary con?
dition of our Stato.
The duties now devolved upon the Commissioner
of Agriculture should he performed by the Commis?
sioner of Immigration.
the south ranosiMA university.
This institution Is in as prosperous a condition as
could l>e expected tinder existing circumstanced.
Tho number of stnd-nts in attendance during the
session ending June T.>, 1S712, was S3.
The appropriations made for its support for the fiscal
year ending October SI, 1372, Were?
For the support of the University.f27,SM).ofl
For r. pairs on the University building. 10,000.00
Th? Treasurer of the institution reports that there
are twenty-six thousand eight hundred nnd twelve
volumes in the Library, hut that for the want of funds
to repair the books, many valuable works nre being
The General Assembly, by an Act approved March
S, I860, provided fur the annual admission to the Uni?
versity of one beneficiary from each County In the
State, such beneficiary students tu be appointed by the
Governor, on the recommendation of tbe delegation
from the County in which Kiieh students shall respec?
tively reside. 1 am prepared to make the appoint?
ments whenever called upon pursuant to law'.
The Constitution of t'ae State requires, in Section
9, Article 10, that:
"The General Assembly shall provide fur the main?
tenance of the Slate University."
I therefore recommend that the necessary appro?
priation he made fur that purpose.
tiik conn aju> the nr.visr.ii statutes.
The Code of Procedure, adopted by the General
Assembly on the report of tho Commissioner* duly
appointed tu draft the same, has been very freely com?
mented upon is every part uf the Stale ns being en
tiiely unsuitable to the wants of our people.
I note below only n few of the many palpable de?
fects of this Code, as adopted and printed :
1. There are numerous clerical errors, such as words
omitted, proper changes not made, ami the wrong sec?
tions referred to.
?. Thoeugis which are provided for nre enormously
large, and, In the I'ndwt*Court,they actually consume
small estates to satisfy them.
3. I he limitation of actions is. in must cases, nut
sufficiently restricted ; for instance, twenty years ad?
verse possession Is necessary to give ouo a good title
4. Too many notices Are required In the conduct of
!>. The preparation of nppcnlr Is too Intricate and
6. Tho ilen of judgment is so restricted that a cred?
itor can extend indulgence to his debtor only at bis
7. The. Code establishes in Uli* Slate the Probate
law of Massachusetts without Incorporating the
Statutes Of Massachusetts to gl. c It efficiency.
8. Tho whole system of appeals from the Courts of
Trial Justices Is luvolveil Iu obscurity.
9. The demurrer to a complaint US therein required,
that "dues not. state facts sufficient to constitute a
cause of action," is, in mutt cases, n tiap tocatch ihe
unwary, and as a whole, is a mischievous contriv?
10. Tile effect of decisions by liefere? s is not well
defined, nor their legal force stated.
It. The whole system uf Kefcrces is unnecessary,
anil amounts only to an experimental nuvelly f?r
which suitors iu Court uro .compelled to pay their
12. Tlw eases in which appeals may be taken nre
18. The costs attending appeals aro so great us vir?
tually to deny ton poor man tho exercise of his right
to appeal. .
14. "While ItToIIowb the New York Cofio generally,
it so far diverges from it as seriously to impair the
efficiency of the portions retained: there being nu
msKras omissions of provisions which aro neeessary
"tojmake o?f Cod? a complsto whole, as Is iu professed
amendments to tho Code, hove
Already been made, and should be intelligently em?
bodied in It, tfSft is the will ofyoar honorable bodies
to retain it In we la our Courts, f* -
The glaring Baits of commission and omission that
mar-ik?geaajsswfcaimmtf and uaa4uluea*or?h?>'Cude
of Procedure,'' aro fitly supplemented by tho " Re?
vised Btatutes" of the State, which form, in the main,
a hugo bundlo of legal Incongruities, end conflict with
-tho plainest provisions of our State Constitution.
I Instance, nsan illustratlen of a palpablo violation
of a constitutional provision, which is sn essential
safeguard fur the rights of a citizen accused of any
offense before zao law, tho-following from Chspter
127, Goneral StAtutcs:
_i\&maxioM Ok.II a per so a U on his trial acquitted
upon the ground of a vuriance between the indict?
ment and the proof, or upon an exception to the furm
or substance of tho Indictment, he may be arraigned
agnin on a now indictment aud tried and convlotoirl for
the same offense, notwithstanding such former ac?
This Is In direct conflict with the State Constitution,
which declares, in Article 1st, Section 19, "No per?
son, after having been once acquitted ay a jury, shall
again, for the samu offense, bo put In Jeopardy of his
life or liberty."
Those Statutes contain much that is redundant, and
long since properly obsolete, nnd much that is gene?
rally acknowledged as obnoxious to our present ad?
vanced sUgc of civilization.
For example, according to Chapter 99. a marriage
in a public church between persons of lawful ago
freely ronsentlng thereto, and celebrated In due reli?
gions form, is not to bo considered lawful unless fol
lowed by mi ucl which is usually Impossible uf
I deem it proper, also, to call your attention to tho
fact that the General Assembly of 1S7I-72 exceeded
Its constitutional powers in the adoption of Section
19 nnd Si-I, Chapter IS, of the General Statutes, as re?
vised, by the provisions of which Sections changes
have been made in the legnl boundaries of certain
Counties in the State. The General Assembly have
no power to change the boundaries of tins a Counties.
Their boundary lines must remain us they were when
the Constitution of the State was adopted, all changes
in them being expressiv prob I hi teil by the said Con?
stitution, which declares, In Section 9, Article 2,as fol?
"The Judicial Districts shall hereafter be desig?
nated as Counties, und the boundaries of the several
Counties shall remain as they are now established,
except the County of Ptckuiia."
A proviso lu thu same Section authorizes the Gen?
eral Assembly to organize new Counties by changing
the boundaries of any of the old ones; but the pro
iMised chances do not fall within that provision, not
being Incident to the Organization of uny new
In nVcordaneo with the wishes of tin- people on this
important subject, of which I am reminded by th.)
daily receipt of letters from nil pai ls of the S'tate, I
recommend that the General Assembly provide by
law for the appointment of three persons7,"learned fn
the law." whose duty it shall be to revise nnd simp?
lify the Code ?f Procedure nnd thu General Statutes,
nnd to render them more in a.>rd with the peculiar
needs of our people than they uro at present I re?
commend that tor Ihc payment of the salaries of these
Commissioners, nnd for Iho liquidation of the contin?
gent expenses attendant upon the performance of their
work, tlie sum of fifteen thousand dollars be appro?
priated ; Prorl'tol, That their labors be fully coin -
jdeted, and n report thereof made to the General
Assembly within one year from the date of their ap?
The costs attendant upon the administration of jus?
tice, us between man mid man, are simply enormous
under our present fee bill, und iure rapidly conveying
the erroneous impression that under our boasted form
of republican government ihe poverty of our people
has been entirely forgotten.
Krotn a retMirl on this subject made to me, at my
request, by >tr. .lames A. Duubar. Hie efficient assis?
tant in the ollico of the Attorney-General, I quote thu
" Under the old system, In all ordinary actions
where Ihe amount sued for exceeded $35,71, the taxed
coats up to Judgment and execution were $11; when
the cases were litigated these costs amounted to nut
less than $10, and seldom more than (20.
"When the amount was under JS5.7I, the taxed
cost did not ordinarily exreed $5.
"Under the Code, In ordinary actions, wjhfra the
amount sued for Is $100, or more, thu taxed costs
amount to between $1$5 und ?40, up to trial, and after
trial from $G0 to $70, as the case may be. To say
that Ihe costs under the Code are from three to three
and a half times as great as llu-y were under the old
system, is to express the ratio of increase in moderate
"Upon the subject of appeal, ihe Code requires the
appellant to give an undertaking in double the amount
of the decree, or judgment up]>ealcd from. This
seems to he a harsh provision of the Code, lor this
reason: while the appellant. In nearly every ease,
could readily obtain an undertaking to indemnify the
appellee for any damage he might sustain bv reason
of such appeal.'the undertaking required by the Code
makes the sureties of the appellant responsible for
the entire amount of thu decree or Judgment, thus, in
many Instances, rendering it utterly Impossible for
thu party desiring to appeal to procure the required
bond. Thu result ?.f this is, that many cases of ap?
peal from unjust and illegal decrees and judgments
For the protection of the rights of the poor man,
who should be especially cared for by the Slate, 1 re?
commend that i n Act be passed providing for the
bringing before the Courts of civil action in J'ormu
/Nllf/itris?that Is,that wllili a suitor Is really unable.by
reason of his poverty, In pay costs beforehand, or to en?
ter into bond for tti'e payment of the same, should lie
bo ''oust'' in the action, he bo allowed to begin Iiis suit
by making affidavit before the proper officer of the
Court, that such poverty renders him unable either to
pay costs beforehand or to give bond for the payment
KNCOl'liAGRMEXT OF M ANCKAcTl'tlFS.
It is a matter of vital and growing importance that
tho General Assembly should encourage and foster the
establishment of all classes of useful manufactories
lu this State. Kspecislly is it essential to our material
prosperity that the manufacture ol cotton goods
among us should be speedily and largely increased.
The more varied the industries ot a people are, tho
more general is their prosperity. Ity a diversity of
occupations all kinds of labor supply are utilized,
and thus employment Is given to thousands of men,
women and children who would otherwise be unem?
ployed in any beneficial pursuits.
Authoritative statistics warrant the opinion that
. not less than nine millions of persons in the United
States, or nearly one-fourth of the entire population,
derive their support, directly or indirectly, from
The proportion of that class in this State Is exceed?
ingly no ill, as Is nlsu the number who own or rent
land's, while the number of agricultural laborers Is
According to the United States census of !>7t), Ihe
whole number of persons engaged in agriculture in
South-Carolina is as follows:
Farmers and planters .. . -I2.M0
Farm and plantation managers. 179
Dairymen and dairy women. 1ft
Hardeners, nurserymen and vine growers. ln>
Stock raisers. 2
Stock herders. 1>
j Turpentine farmers. ft
Turpentine laborers. 249
I The whole number of our people employed us
! operatives in cotton and woolen manufactures is
only l,iil*?l, or h ss than 1 In "00 of our population.
\ el wo produce the raw material in ndundance?
shipping abroad annually about tweiity-llvo millions
of dollars la cotton, which wo buy'back, with an
enormous tariff added In the form of the manufac?
This failure to manufacture any considerable por?
tion of onr rottuti product Is nut duo to any want of
j material resources for manufacturing purposes. We
have an immense surplus of the requisite labor-sim?
ply, well adapted to this occupation, which can be
cheaply obtained, while WO have a vast water power,
which is the most economical uf all motive forces ap?
plicable to the machinery for manufacturing.
It requires no labored argument to prove th it the
1 nearer Iho location of the manufactory is to the lields
I that produce the raw material, the cheaper (other
j things being equal) can the manufactured article bo
supplied to those who are engaged lu the production
of that raw material. One patent reason of this re?
sult Is that the manufacturer himself receives the raw
material at so much cheaper a price, saving the cust
of transportation. Insurance, \e.
Yet our muguillccnl waters ure running to waste,
within view of thousands of prolific Hehls, white with
the fleece ol the cotton plant. Dor vagrant streams
that now?like Tennyson's "brook"?"go Idly on for?
ever," should have the sound of their railing waters
drowned in the music ot a million busy spindles.
These streams are never locked up in the icy grnsp
of winter, but they flow on perpetually. Warmed mid
brightened oy i he sunshine of u mihi and genial
This splendid material resotirco has hitherto been
doomed to disastrous neglect by tho unwise policy fos?
tered in this State. Our people have too long concurred
with Thomas JeHVrson in his no: sagacious hope, utter?
ed In IjjOS, thnt "there should never be In the United
States, and, leant of nil, lu Virginia, any manufacturing
establishments, but thnt they should be coi.lined to
Iho hirelings of Kuropo."
Tho world, however, was wiser tlinn that great
slntestnnn. 'the pulses of nil advancing civilization
are throbbing in every stroke of the multiplied ma?
te .MCL.UDZ1) ? N KOb 11 [ U PAUK. ]
COLUMBIA, 1 C.
fBunesday ?ormnk . Jitnttairy l?, 1873
nd to fa^xir a?v? Up Wh?t was
Mearti for ViBklnd ?
/Yesterday, the periodical apaom of ao
election was enjoyed by the General As?
sembly. The appointment of Jodge Orr
to tbe position of Minister to Russia left
the judgeship of the Eighth Oiroait va?
cant. Tbe people of that section indi?
cated a desire for Gen. Samuel MoGowan
to fill the place. Thua designated and.
requested by the members or the bar in
that circuit, and urged bj friends in
other parts of the Stato, Gen. MoGowan,
while declining to be a candidate in the
teobnioal senae, and disclaiming all soli?
citation, cdneented to serve in the office,
if his friends chose to elect him. This
honorable position he maintained
throughout. Added to his conspicuous
fitness, in the eminoncc of hia talents,
his erudition iu the law, his instructive
experience, and in those manly qualities
of heart which make him a general fa?
vorite, this independent and dignified
attitude) before the Legislatures served-to
conciliate respect and attract suffrages,
irrespective of party affiliations. But
party men were keen onongh to see this
support going forth from Republicans to
one outside of their organization, nnd
thoy hastened to put a stop to it. Their
journals and spokesmen raised the hue
and cry. The rank and file were lec?
tured upon tho virtue of sticking to
their party, of standing by their colors,
and of .strictly drawing the party line?.
They were naked, "Are not Abnna and
Pburpar, rivers of Damascus, better
than all the waters of Israel? May we
not waah in them and be clean?" It
never is difficult to arouse the party
spirit, and men even uf independent
mind and character shrink from tho
party Jaah. It was so in this case. Par?
tisans with their thralls hastened to
their tents and wigwams, their olub
rooms and other resorts, and comforted
themselves with practicing the party
manual and repeating the party cries.
Tho consequence was, tbey were pre?
pared to look with favor only upon one
who had joined their political church,
and a gentleman like Gen. MoGowan,
admittedly unexceptionable^ deservedly
popular, above all question and all com?
petition as to qualifications, was,
"Without reprieve, adjudged to death,
For want of well p.-jouncing thiboleth."
Tltc Srcne Of Election?Itunnlng Debate
The joint Assembly convened at 1 P.
M. for the election of Judge. W. H.
Jones, of Georgetown, was the first to
ml dress the joint Assembly. He said
that as Republicans, and as a raoe, they
were making history. They should see
to it that it be worthy. He stoutly
urged upon them to do no violenoo to
their Republican faith. Tbey should re
member aod ' heed tbe example of two
judges being elected to the Supreme
Court of the United States expressly to
uphold the reconstruction policy in the
Southern States. We should show, be
said, to tho eyes of the civilized world,
by electing a oolored man to preside
ovor the Eighth Circuit, that we have
the talent and learning necessary to the
highest stations. He nominated, after
eulogistic remarks, W. J. Wbipper as his
candidate. Humbert, of Darlington,
nominated Thompson H. Gooke, of
Orangebarg, as a gentleman, a Republi?
can, and a man of ability. Jervey, of
Charleston, seconded the nomination of
Mr. Oooke. He deprecated the effect of
sending up to a district composed more
largely of white than of colored meu a
colored judge. Strife would at once be
fomented. Ho desired to make this
elcctiou a test of principlo rather than of
color. He did not favor tbe election of
Whippor, therefore, and he was equally
opposed to tho ohoico of tho circuit,
(Gen. MoGowan.) It was not advisable
to eleot a man standing in direot opposi?
tion to tho party in power. Elect a dis?
creet judge within the party lines, who
would quiet the ohronic troubles in the
upper part of tho State. Sporry, of
Georgetown, seconded the nomination of
Whippor, and justified the ohoico of a
man of color, by reference to the aocepi
abloness of Judgo Wright on the Su?
preme Bench. Ellis, member from Ab?
beville, nominated Gen. MoGowan, as a
man learned in the law and a friend of
Boston, of Newberry, proposed the
name of Goodlett, of Piokens. Hamil?
ton seconded the nomination of Wbip?
per. After wbot bad been said there
was a propriety and a necessity to elect
him, iu order to vindicate the raoe as
oapable of high things. Thomas, of
Colieton, seconded tbe nomination of
Goodlett. Jamison, of Orangebnrg,
hoped tho vote would be cast solidly Re?
publican and for Cooke. Wbipper bad
no spocial claims or right to their sup?
port as oolored men. Robinson, of Bean
fort, mado a telling speeob, which, bat
Jrom the ^faoj; that i|? effect was fore?
stalled, wo.old hare borne good' frait.
In this'election, he Bald, U was their
duty, as idatioa b^rBaJf is represented as
blind/ not to Bee party, color or dietlnc
tion of any Bort. General MoGowan
was the man whom the people and law
yera of his eeofciou, including Republi?
cans themBoIves, preferred. He stood
bead and shoulders above ail competi tors,
towering like a mountain over the sand?
hills bolow. He supported him and
recommended him to the support of tho
General Aaaumbly, npon the grounds:
1. Tbat .be was a native and a patriot
2. Tbat be was tbe ablest jurist of all
men t ion ect' for the plaoe. That he was
independent in spirit, and above pro-' *
fesaing what be did nut feel. 4. Tbat
bhoukl ho err on the bend, there1 was a
. ? ? ?*
Republican Supreme Court able to bold
hinTin check. It could not harm the
party to take up merit. If they wished
to perpetuate the Republican party and
principles, and to make great and lasting
impressions upon tbe publio mind, let
them learn to .be magnanimous, to re?
gard higher things than mere party tics
and associations. Minort, of Bichland,
went for Whipper with alt his might.
Mr. Cochran, of Anderson, closed
tho nominations by that of Mr.
J. Scott Murray, in.a long enlogy.
He recounted the history of his candi?
date, and represented him as faithful
among the faithless, and firm when
others quailed. When be (the speaker,)
in company with Mr. H?ge, were com?
pelled to leave 'his home, and take their
dubious way over hill and dale, through
swamp and forest, to escape violence
which threatened them, Mr. Murray
proved a friend indeed, and firmer oven
than blood relations, in kindness to his
family while he was thus a fugitive. It
would not do to support Demoorats.
He would prefer to elect Gen. MoGowan
bet?re any of bis political party in the
State, but he did not belong to the
household of faith, and that was fatal to
his claims. Democrats ostracised Bepub
lioans, and Republicans should on all
occasions return the compliment.
Nash, of Bichland, supported tbe
claims of Mr. Murray, as an honest man,
a good lawyer, and in other respeots
oompetent and acceptable He would
Bupport him first, and next Mr. Gooke,
and then, if neither should be elected,
some other Republican. He had known
General MoGowan favorably for tbe last
thirty years, bnt he wonld vote onjprin
ciple. Oompetenoy and parts only make
a man the mere dangerous, if he was on
the wrong side.
The election was then held, General
MoGowan receiving the larger number
of votes, but not a majority. Ohangea
immediatety ensued, amid great confu?
sion, noise and turbulence, which, how?
ever, were suppressed pretty effectually
by tbe presiding officer. The result was
a majority of votes for Mr. Oooke. The
votes stood thus, when the ballot was
declared: Gooke, 85; MoGowan, 43;
Murray, 2; Whipper 2.
Shocking Kail bo ad ?oold?Wt.?A.
I shocking accident to two - laboring men,
in the employ of the Central Railroad,
is reported to have occurred on Setur
| day afternoon, at the railroad wharf in
Savannah. They were at work near the
track, and, failing to get out of the way
in time, were knocked down by a train
backing, and run over, One of the men,
named Murphy, had his right leg out off
above tbe knee, aud the other had his
left leg horribly crushed.
\ Augusta Clironicle.
Wagner, the old blind oolored sawyer
who used to solioit business with a whis?
tle, died in Charleston Monday. There
is scarcely a person in thct city who did
not know' him and help hi'n.
Easter Brown, the oolored ohild
burned at a plantation near Bee's Ferry,
died in the oity hospital, Charleston, on
Eogineer Griffin, of the Wilmington,
Columbia and Augusta Road, broke one
of his arms Saturday, while uncoupling
A fire occurred in a building, the pro?
perty of Mrs. Ladd, at Winnsboro, on
Sunday afternoon; damage slight.
Rtley Manning, a convict, was shot
and instantly killed, while attempting to
escape, at Baleigh, N. O.
MEMBERS OF THE GRANGE
AND other visitors to tho oity should re?
member that every variety of OIQABS
and TOBACCO can be found at tho sign of
tho "INDIAN GIRL." All who
ADVOCATE THE RAISING OF
Cotton, after an improved principle, will cer?
tainly admire improvement in regard to To?
bacco also, which can be- noticed at tho new
establishment, where every inducement is
offered toMarmere and dealers. Those who
Can be gratified by a peep in the ehow win?
dow. ._Jan 15
LD. 01TILDS having sold out his interest
? in Saluda Faotory. the firm of GUILDS,
JOHNSTON A PALMER is theroby dissolved.
Tho undersigned, proprietors of said factory,
will eontinne the business of COTTON MA?
NUFACTURING, undor the firm name of
JOHNSTON * PALMER, and will settle the
affairs of tho late firm.
JOHN B. PALMER.
Columbia, January 1,1673.
Jan 14 3
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