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Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, December 05, 1866, Image 1

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VOLUME XIII.-No. 49
EDG-EPIELD, S. C., DECEMBER 5, 1866.
GOVERNOR'S MESSAGE, .
EXECUTIVE DEPARTMENT,
COLUMBIA, NOV. 27,, 1866.
tn of tl i Senate
and Home of Re^eseviatives^
. Your annual assembling attie seat of gov
ernment has heretofore been- the occasion of
congratulation bj the Executive, upon the
continued happiness, prosperity and improve
ment of the commonwealth. I regret that
.no such greeting can bo extended to you on
. the present occasion. We no longer bear
the clash' of arm?, nor the tread of hostile
armies, and our people have escaped the
scourge of that terrible disease, which revel
in the shocking carnival of death. Whilst
the general health has not been good, the viru
lence and malignity of disease have been
mitigated, and a comparatively small fatality
has visited the sick room. For these hie
sings, our thanks are due the ! great Ruler of
the* Universe.' In Ihe depths of humiliation
and contrition, let us invoke Him to avert tbe
?evils that are upon us-to stay the hand of
. our. persecutors, to turn away the wrath, and
bring to "nought the counsels of those who
would oppress and destroy us, and to restore
to us the happiness and prosperity of former
years. * himTrTf?'
The toil of the husbandman has brought
him a scanty return from his fields-the grain
crop is alarmingly ?mall-the cotton crop in
many portrtns of the State will not suffice to
furnish the means of supplying providions
our population, white aud colorer!, are ?ban
doning their old homes and country, and are
emigrating to strange places, where they can
find bread. With tue loss of labor our farms
mhst dilapidate, our fields remain nntilled,
our granaries continue empty, and our pro
gress in developing he resources qi the State
must be arrested. The failure of the earth
to make a generous return to the -toil of the
husbandman, causes the goods of the mer
chant to re^t unsold on his shelves-and
keeps the tool of the mechanic idle-the
learning of the professional man useless. The
political condition of the country-the intol
erance of our conquerors-the proscription to
. which we ire8nbjected,bythosewhoshould be
our loving brothers, and who wield the des
tinies of. this great nation-these evils iotimi-'
date capital, paralyze enterprise, disorganiza
labor, and destroy hope and confidence. The
enormous tax on cotton discourages produc
tion, and aggravates thc financial embarrass
ment of t ie people.
Never, therefore, in the history of the
State, Las a Legislature assembled under less
favorable auspices, to provide for thc wants
of an impjverished and disheartened constit
uency.
But .these extraordinary embarrassments
must be met with wisdom, patience and
courage, with energy and hope, and a manly
resolve to subdue and overcome them. We
must keep our population here-we must
provide for their present necessities-wc
must stimulate our white population to go
earnestly to work, and let them see that labor
is honorable and idlentss reprehensible. En
tering a njw year with this fixed determina
tion, our fields will be better cultivated, and
the next harvest time will find our gamers
well filled with the.producis of the soil. . The f
staple erryi? will be more abundant, and the
financial embarrassments of the people will,
by consequence, be greatly relieved. Let us
cherish hope And practice such industry as
shall merit, the filfillmcnt of these anticipa
tions.
I therefore proceed to make such recom
mendations as will, in my judgment, promote I {
the interest of our common constituency. | j
DISTRKT<COrnTS.
The third Article of the Constitution of
this State, in the third paragraph of the first
Section, directs that " the General Assembly
shall, as scon as possible, establish, for each
District in the State, an inferior Court or
Courts, to be styled " the District Court"
the Judge whereof shall be resident in the
District, while in oliice ; shall be elected by
the General Assembly for four years, and
shall be re-eligible-which Court shall have
jurisdiction of all causes wherein one or both
of the parties are person of color, and of all
criminal cases, wherein the accused is a per
son of color ; and the General Assembly is
empowered to extend the jurisdiction of the
said Court to other subjects." It is unfor
tunate that this clause wrr; Inserted in the
Constitution. The first paragraph of the
Section declares, that "the judicial power
shall be vested in such superior" and iiijerior
Courts of Law and Equity as* the General
Assembly shall, from time to time, direct and
establish ;'' and this is sufficiently comprehen
sive to authorize the establishment of any in
ferior Court which the wisdom of the Gene
ral Assembly may determine, whether it be a
Pulice, District, County or Magistrate's Court.
Here, the largest discretion is given to you :
and such tribunals may be established as ex
perience or necessity may dictate ; but the
clause already quoted requires the General
Assembly to " establish District Courts," and
these Courts must be continued until the Con
stitution is amended in the prescribed man
ner, or the instrument itself will be violated.
In order that the largest discretion may be
allowed the General Assembly, in devising
the best juJiciary system to meet our wants
In the recently changed relations of society, I
recommend that the present General Assem
bly provide fur an amendment of the Consti
tution, by striking out the third paragraph in
the Article af; resaid. The next General As
sembly can consummate the amendment, and
then, the Legislature will be lett, with unre
stricted discretion, to establish such superior
and inferior'Courts'asj-to themj shall seem
meet. Whilst this amendment is being con
summated, the District Courts may Ce put
fully into operation, and one year's experi
ence will, probably, decide whether they are
adapted to the wants and meet the necessi
ties of the public, if they should be fonnd
impracticable, inefficient, or loo expensive,
they may be abrogated, and some better sys
tem may be instituted. Weare thrown upon
novel times, and all our legislation to meet
our nev? situation is purely experimental. It
woulf' -/t be wisc to discard and repeal the
legic' on of each preceding session, because
it 1? d to work smoothly or give entire satis
faction. When deficiencies are discovered,
remedy them, by amendment or modification.
}io human wisdom is equal.to .the task of giv
ing a perfect sys'em of Courts und Laws,
when aa ancient system must be revolution''
ized, to correspond with radical changea in
social, domestic, industrial and political rela
tions. After one year's fair ex p?riment-, rt
may be found that tho Distiici". Court is the
desideratum. The Act of thu last sts-<iou,
"to amend the Act establishing District
Courts," requites essent.J and material
amendments, to reduce its expenses; and se-r
cure its efficient operation, The bouudary of
its jurisdiction should be more distinctly de
fioed, Th>? services of a Grand Jury, ta part
of its machinery, should bc dispensed with ?
the authority conferred tn the District Judge,
to examino aud dismiss frivolous cases, reu
dcrs the existence of such' a body unnecessa
ry. There ie a well defined distinction be
tween misdemeanors and chille. It is only
when the prisoDcris charged with crime, that
he is entitled to be tried on presentment
lound by o Grand J cry. I'efty larcepyrand
other petty felonies, may be declared, by
statute, tobe misdemeanors"; and defendants,
in all misdemeanors, may be tried.without
presentment or true-bill .Tonne by a Grand
Jury. The) venire for the Petit Jury should
Ji-hejreduced to eighteen. In the District Court,
it would bu seldom that two pan a els would
to required; and theCiurt, on s^ch occa
*
sions, could be employed with other busine
not requiring tho aid of a Jury. The Ju
duty now exacted will be very onerous on tl
people, and, as the law stands, it cannot 1
rvrforrned at an expense of less than eigh
thousand dollars per annum. The modifie
t?on srjegested would reduce, the expenses
one-third of that sum, forboth superior ar
inferior .Coarta. Tho expense, to the'Treasi
ry, of Juries mjght ba dispensed witt entir
ly, by taxing a Jury fee in every case triei
All traverses and imparlances should be a'
rogatcd in the District Court ; and all indie
ments, recognizances and other papers, in tb
Superior Court, not disposed of, and in whic
jurisdiction is given to the JJistrict Cour
?hould be transferred to the District, an
made valid, as if originally returned to tbt
Court. The District Boards should bo rc
quired to make their annual returns to th
District Judge ; and it should be nnyle tb
iutyof the latter to examine the- same, an
;o enforce the law against them for misfea
?ance, malfeasance, or neglect of duty. Whe:
be District-Judge is interested in any eas?
:ivil or criminal, of which bis Count has cog
lizaoce, it should bc; transferred to the Supe
ror Court for trial. The Court should bi
nvestcd witb exclusive jurisdiction, in case
?vcr one hundred dollars, only where the con
ract, express or implied, between the em
rtoyer aud.employee, is for agricultural labor
Che law now'provides.that a prosecutor, whi
nstitutes a frivolous or groundless prosecu
ion, may bs adjudged to pay the costs ol
ucb prosecution. This is an ample safe
;uard against groundless prosecutions ; ant
he law should be so amended, that the parti
Daking complaint before a Magistrate shouk
ie granted a warrant, upon bis own recogni
ance, to prosecute, without requiring secu
jty. To require security to prosecute, ii
o deny justice to the poor, the iguorant, tbt
lepcindeiit and the friendless. These are the
lasses that it is the peculiar province of tin
aw to protect ? those who have wealth ant
riends, can readily secure the protection o
he law.
Doubts have arisen whether the Superiot
Courts of Law can take cognizance ol any
iffence committed by a person of color, under
be clause in the third Article of the Cousti
ution, wbicb declares that tho, District Court
hall have jurisdiction-of all cases Tn which a
lerson of coloris interested, ' or to which he
s a party. The Civil Rights Act. passed by
he Congress "of the United States, which
uust be respected and obeyed until pro
lounced unconstitutional by the Supreme
}ourt of the United States, gives the person
if color the same rights in all tue Courts,
kate as w?ll as Federal, as are enjoyed by
he white race ; and so long as-white persons
xe triable only in the Superior Courts for
elony, the samc'privilege. must be accorded
0 persons of color, notwithstanding the sup
losed prohibition in the State Constitution,
,sthe Constitution of the Uuited States, and
he laws passed in conformity-thercto, is the
uprcme law of the land. If the Civil Rights
V.ct should hereafter be declared unconstitu
ioual by the Supreme Court, or should it bc
epealed by Congress, the question under the
state Constitution might thea be full of em
?arrassment. i
.CIU.YI.V.YL LAW.
Thc establ i P*i me'. t cf" ? Peorfchtlary reqnif eV
nuterial changes in thc punishments imposed
u the .Criminal Law. Murder, arson and
ape, should be punished by death. The
lumerous catalogue bf felonies pOuishable by
leath, some with and others without the
icnefit of clergy, should bc abridged, aod
onfinement at hard labor in thc Penitentiary
>e substituted, in most cases. The extreme
jenaity f.ttaehing to many of these felonies
s revolting to humanity, and juries not un
requeutly fail to find real offenders guilty,
reeause the punishment is made, by its enor
nity, disproportionate to the offence. It
hould be left discretionary with thc Judges
n the Superior and District Courts to punish
iv imprisonment at hard labor in tire Poui
eutiary. or by whipping, in all cases of larc
eny. Punishment by thc lash is so (legra
ling, that it should be imposed upon the
oost incorrigible offenders alone. A convier,
rho serves out his term of imprisonment in
he Penitentiary, even for an infamous offence,
nay reform ; but one who bas been whipped
,t the public whipping 'pDst, must be over
whelmed with such asen<e of shame and deg
a?ation, that ' he cannot oomrnaud moral
ourage sufficient to enable bim even to make
,n effort at reformation.
1 feel it incumbent on rae to call your at
cntion, specially, to the gross neglect of duty,
m the-part of some of the Sherill's and Jail
?rs in this State, in allowing prisoners to es
:ape from their custody. Unofficial informa
ron has been received at this office, that
?early seventy prisoners have escaped from
he jails of this State since their custody was
urned over by the military to the civil au
.horities. Som* of these criminals were un
ler sentence of dea'.h, .many were charged
vith the highest crimes against society.
Every elT)rt to enforce the Criminal Law,
ind suppress crime, must be unavailing, un
ess thc custodians of prisoners who have
aeen arrested and confined in jail act with more
pigilance and fidelity. The existing law pro
nounces the most rigorous punishment against.
Sheriffs and Jailors for voluntary or negligent
escapes, and it is found wholly inadequate to
irrest the growing evil. It is difficult to sat
isfy a Grand Jury'that their friend, whom
;hey have aided to elect Sheriff, or his agent,
:he Jailor, would permit ? prisoner to escape
-their good will toward the delinquent lead-'
ng them to be readily satisfied that the es
cape resulted from the insecurity of the jail,
lt is even more difficult to secure thc pre
sentment of the Commissioners of Public
Buildings for their neglect of duty, in failing
lo make the jail secure, aud hence <'.o public
tuflfer without a remedy. When a bill of rn
lictment ia found, it is traversed, and when tho
iefendant is finally broughtto trial, positive
proof cannot be Offered that tbe escape was
Voluntary or negligent, and tbe defendant is
icquitted. The General Assembly, since 1839,
bas been almost annually passing laws, to en
force the performance by Sheriffs of their
duty in civil and criminal matters, and the
?nd is as far aa when legislation on this sub
ject commenced. There is but one means of
effecting a cure for this chronic disease-it
is to provide by law for the summary removal
of a Sherrff, either through the judicial or
executive department of the Government,
for willful ano persistent neglect of duty, or
for misfeasance or malfeasance in executing
his office. Thc laws now provide for the re
moval of a Sheriff from olfice, orr conviction
before a. Jury j but it is believed f ?Mt they
have not been cuforced in a single case, since
J,s::(J. Is it not notorious that some of these
ofh'c?ns should have been removed ?
Judge Wardlaw has devoted much time in
preparing a Bill which will be submitted to
yon, dt-fining the duties rind jurisdiction of
District Court?, and embracing the subjects
of the domestic relations, and a codification
of the criminal law. His long experience ou
the Bench, and his nckno wi edged ability, will
5ecuro a respectful consideration of bis labors.
C70.MMI3S10NE.HSTO TUCE ACKtiOWr.EDQMEXT OF
. . DEEDS, ?c-XOTAftlES PUJIMC.
The Acts of tho General Assembly confer
upon the Governor authority to appoint .' Com
missioners to take acknowledgment of deeds,"
in the several State:) and Territories, " lo be
used and recorded in this State;"' the Cora
missioners to continue in office curing his
pleasure. The duties of these officers, *' in
taking thc acknowledgment or proof of any
deed, mortgage, or other conveyance of any
lands, tenement* or hereditaments, .in'this
State, or of any contract, letter of attorney,
or ?ny ottrsr writing ?under seal," art F?7 im
1 portant to thc interests of the public, and
some rule should be adopted to furnish tho
means ol. verifying such certificates with rea
sonable certainty. This may bo attained by
requiring every person appointed or to be
appointed a Commissioner, to forward, within
ninety days, to the Secretary of State, an im
pr ssibn of his official seal, on wax and on
paper, together with his autograph ; and upon
his failure to do so, the appointment of each
defaulter should be annulled.
Notaries Public are, likewise, appointed
and commissioned hy the Governor, and rrrc
invested with grave official duties. The Sec
retary of Slate alone, can certify the official
character of a Notary Public, and he can
make no such certificate with safety, r_.
he chances to know the hand-writing. Every
Notary Public.now holding such commissions,
or who may hereafter be appointed, should
likewise be required to forward to the Secre
tary of State, an impression of his official
seal on wax and paper, with hi3 autograph,
within sixty days, or his appointment should
be revoked. <
CONGRESSIONAL ELECTIONS.
The last Congressional election in this State
was-held pursuant to a resolution of the Gen
eral Assembly, and there is. now no "provision
of law for holding future elections. Although
our Representatives last elected, have not
been permitted by thc Congress of the United
States t<* occupy their soats,it is the duty of
the General Aesembly to provide, by grmeral
statute, for-the holding of general elections
for each succeeding Congross. The conveni
ence of the people would indicate that these
elections should be ordered biennially, on the
day that members of the General Assembly
are chosen, to. wit: The third Wednesday in
October, of each odd year. Representatives
to Congress would then take their scats the
following December, coming- fresh from the
people, and represent popular sentiment on
public questions of the day, with more cer
tainty than if elected as heretofore, the Octo
ber year preceding the meeting ,of Congress.
If au exir.t seesiou of Congress should be
ca!:,-d bel'ir? the day fix*d for the eleetiou,
the Governor might be authorised to order,
by proclamation, the elections at an earlier
day, and thus secure th-? representation of the
State at such extra session.
JURISDICTION REMITTED BT TUB MILITARY TO
THE CIVIL AUTHORITIES.
Tile Acts passed ut the late extra session,
were transmitted to the Military Commandant
ol' I be D?partaient of tho Carolinas, at Char
leston, and on the first day of October last,
hy General Orders, he remitted all cases iu
which the inhabitants of this State were con
cerned, civil and criminal, to the civil au
thorities, ?f equal and exact justice is me
ted out to all the inhabitants of thc State by
courts and juries-if the freedmen re?oive
that protection of person and -proper ty which
the laws now guarantee them, we will not
a :-in be adjudged by Provost Courts and
.'. jiitary Commissions, and we will vindicate
before the world, our high sense of moral
right-; by enforcing impartial justice, whether
the suitor be humble or exalted.
Experience will demonstrate tho wisdom of
y.>ur enactment authorizing negroes to testi
ly in all casos. It takes away the impunity
wurrbf?bi?a^Hittn htrVo lotig-e-irj^e^.^^mpr--*
mg these ignorant people to perpetrate crime
for the benefit of ?he temptors.
The result, of the experiment at tho lalo
Fa!. Tenn of tile Courts has bien entirely
satisfactory, and most of the free linen whu
have been called to the witness stand, have
in untested a highly creditable desire to tell
thc truth. The extension of the privilege
has had a salutary influence in encouraging
md elevating their moral .?ense. Many of
them appreciate their obiigatmu to society,
and readily assist in bringing to puuishnnnt
evildoers ol' their owu Cjlor. They are in
valuable to the productive resources of the
State, and if their labor bc lest by removal to
other sections, it will convert thousands of
acres of productive land into a dreary wilder
ness. For this reason, I have felt" it tobe
my duty to (!:>eourae;e their migration. The
nb-?rt rr-.ps of the present yeur should stimu
late 'be planter aud farmer to renewed ener
gy and enterprise, Ho will, however, find
Iiis Innis of little value, if he cannot com
inuiid.labor to citltivate them. If the uegio
re.nain here, his labor must be made suffi
ciently remunerative to subsist and clothe
him comfortably. Schools mu-.t be established
to educate Iris children, and churches built for
his moral training.
The experiment of free labor, whilst it hos
not been entirely satisfactory, is far from
pcoviug -\ failure. Where the blacks have
been adequately compensated and kindly
treaitd, tiley have generally tabored faithfully.
Suddenly relieved from thc controlling will
of others, aud exempted from the compulso
ry labor which had, througn ?ile, been exacted
from them, they have performed, during thc
prient year, an amount of voluntary labor
which may well excite so .-prise. The indo
lence of some, and the improvidence of manvj
'viii doubtless cause them to uudergo much
suffering before they are educated fully to tho
necessity of constant and untiring labor, and
to proper thrift and econo:ny.
Humanity and sound policy unite in de
uiL'iding that we should provide for thc aped,
tho infirm and the helpless, and I therefore
respectfully recommend thc passage of an
Act making it incumbent on the Commission
ers of the Poor to provide suitable buildings
at the various District Poor Souses for their
accommodation and to subsist them.
Ihe Regents of the Lunatic Asylum have
ivisely aud humanely made provision for the
receptiou and treatment of jnsanc colored
p.itieuts, and the .Commissioners, of the Poor
:n the several Districts should bc required to
make the same provision for their support in
the Asylum as now exists for white pauper
patients in that Institution: The idiotic and
epileptic may be well taken care of at the
District Poor House.
Ti IK 71 NANCES OF TUE STATH, TAXES AND TUE
DANK O? T?f. STATE.
The taxes levied under the Act of Decem
ber, 1865,-amount to four hundred and nine
tpen thousand six hundred and sixty-eight
dollars and seventy-one cents, ($419,GG3.71.)
There has been paid into the Treasury, three
nindred and twenty-seven thousand sereu
Kindred and thirty-seven dollars and twenty
five cents, $327,737.25.
Collectors commissions. 32,809 9G
freedmen's returns unpaid, (prin
cipally capitation tax). 21,319 07
Jury tickets deposited by Tax
Collectors..... ... 7/JG2 ll
Tax executions issued and in
hands of Sheriffs and bal
ances due in bauds of Collec
tors. 29,780 32
Total.$419.GG8 71
This estimate docs not include executions
issued by the Tax-Collectors, against persons
who have failed to make returns, and who
lave been double taxed. Tho statement of
ho Comptroller-General is herewith trans
mitted for "your information.
The entire revenue received into tho Treas
ury from Taxes, Rills Receivable registered
und carried to cash and other minor sources
. is.."....?177,743 1)7
There has been paid out by the
Treasurer, on appropria-'
. tions. 304,088 94
Leaving in the Treasury a bal
ance, on the 31st of October
Inst of. 173,055 03
Subject to draft, of which sum
there wa? in Natioual cur
rency. 73?2<15 35.
The Treajwrer kas, Ut ?o*?<j<*ice to the Act
of 21st of September last, H to provide ;
tue redemption of Billa Receivable, issued
this State," promptly exchauged Nation
currency for the Bills Receivable when pi
sented. This will rapidly reduce the arnon
he held on oTst October. The undrawn a
propriations, and such additional appropri
tions as may be made at tt?e present sess.ic
must be paid, principally, in Bills Receivab
until the taxes for the fiscal year, comme
cing the kt of October last, shall be pa
into the Treasury, which payments shoaid 1
required to be made by the Collectors as ea
ly as Juue next. If the General Assemb
re-enacts the clause, in tho Tax Bill of tl
Jast yer , requiring that all taxes shall 1
~-: ' gold or silver, National currency, <
tiills Receivable, and continues thc authorii
to the Treasurer to exchange the Bills Ri
ceivable fur National currency, there is r
good reason why the valu? of the forme
should not be at par with the latter. Tb
'Comptroller-General estimates the appropm
tions for the present year at three hundre
and two thousand seven hundred and te
dollars, which sum will beijjncreasedj if.'h
recommendation, hereinafter-made, to provid
for the payment of the puulic debt, sbo"J
bc adopted by you. The upymeut of taxe,
is, at all times, onerous to tue public," but i
peculiarly oppressive to tab people at th
present time. Tho ordinary?expcnscs of gov
ernment; however, must be met, and the fait!
and credit of the State maintained untat
nished, and taxation is the only resource lei
U3. The burthen should be ?rendered as ligh
as possible, by the most njgid economy ii
making appropriations, and"by requiring:
strict accountability from alf public function
aries. Material changes in ?he subject mat
tors of taxation and modifications in the rate;
are requisite to render taxation le's oppres
sive. Assessors should bfl'fjjqurred to mab
new assessments of the value of linds, aud
town and city lots. Tho Capita-lion Tax h
onerous, and is not proportioned to the gene
ral 6calc of taxation ; it should bc reduced al
least one-half, aud the employer should b?
held liable for every poll in his servie on Isl
March next. -A general system of licensee
to lawyers, doctors, dentists, millers, cotton
vickeries for toll, merchant, shop keepers,
trades men, auctiohers,' livery-stable keepers,
hotels and eating houses, non-resident mer
shanta and drummers, aiid-^others should be
introduced. Taxes should be imposed on
money at interest, bonds and solvent credits,
liso upjn all articles of luxury, embracing
jewelry, gold and silver plaie, aud watches,
carriages, buggies, all horses not used for ag
ricultural purposes, pianos, playing cards, etc..
upon thc capital slock of all incorporated
companies, including' railroads not exempted
by law from taxation, legacies, distributive
shares in intestate estates, pistols, bowie
knifes, patent medicines, and the gross profits
jf brokers, factors and banking corporations.
The taxes heretofore imposed on express,tel
egraph, gas light and insurance companies
may bo very materially increased as these
Companies are realizing large, profits on their
l?verai investments.
All pallie ufiiccrs who, by &w, have a seal,
?hould be"rt quired to aliix a^ijtanip, in value
rom fifty cents to two. dollar^ regulated by
.heir value or iiuportance,-oaalfpapers where
Lhe seal.ia.used,, the parj?^i?t&?ug.ahe pa
per being required to fetmburs?Ttbe officer
[br the same.
And lastly, a tax should be levied on ali
salaries aud incomes exceeding five hundred
loll.rs.
A Tax Bill embracing these new features
tvould raise a sum abundantly sufficient to
neet all thc current wants of the State, and
provide for the gradual redemption of the
public debt. The pty ment of. laxes thus
levied would fall principally upon the wealthy
ind those whose employments yield them
ready cash, and would occasion comparatively
kile inconvenience to the lax-pay?r.
. Heretofore,' the interest on the public debt
fins been paid by the Bank of the State of
South Carolina, but its loss of assets, gr-jwing
.?ut of the war, together with its laiv'C out
standing circulation, preclud s the possibili
ty of relying further upon it, and the debt,
principal and iutcrcst, must be met by taxation.
The Treasurer, with the assistance of au
additional clerk, can pay out, in future, s!!
claims from his own counter j and I recoit
iuen'd that an appropriation be'made lo meet
ihe salary of such clerk, and that thc Bank
be discontinued as the fiscal agent of the
St.-.te.
Thc loss of assets, and the imposition, by
the general banking law of Congress, of so
heavy a tax on the circulation of al! other
than National Bank*, make it mani,ist that
the Bank of the State of South Carolina can
never resume business ; and I recommend
that its ch mer be revoked or declared for
feited, and its books, papers aud assets put in
the hands of Commissioners for as carly
liquidation as may be practicable.
TAX-COLLECTORS.
Thc Tax-Collectors have heretofore been
elected for the Election Districts in which
they reside. Since the abrogation ot the Par
ish system, the former legislation has not
been changed, and Collectors are still elected
by thc voters within the former Parish lineu.
Beaufort, constituting now, buta single Elec
tion District-, still has four Tax-Col lectors ;
and Berkeley Election District has eight Tax
Collectors. The reason iota Tax-Collector
in each Parish ceasing to exist, the law should
be so modified as to elect one for each Elec
tion District. The additional numbers re
quire an increase of the books tobe furnished
by the Treasurer, and a larger number of re
turns. The commissions aro insulliciosi to
induce business men to accept of these small
places; fn one of the Parishes, the Collector's
commissions are less than fifteen dollars : and
in another, (St. John's Colleton,) no collec
tions have been made, because no one, within
my knowledge, would accept .the office. I
recommend that the law be so modified as to
provide for tue election of one Tax-Collector
for each Election DUrict.
TUE PUBLIC DEBT.
The Comptroller-General and Treasurer,
pursuant to the requirement of thc Act of
21st September last, prepared and forwarded
me a statement showing the aggregate amount
of thc principal and interest, calculated up to
July 1, 1807, on tho stocks and bonds past
due, which tho Act provided for funding, a
copy of which is herewith communicated ; and
my proclamation has been issued, calling on
these bond holders to fund their demands,
conformably to the Act. A contract has been
made to have the bonds printed, and it is
agreed that they shall bo delivered here by
the 10th December, when the funding may
bc commenced. The amount reponed as due,
on thc 1st day of July, 18G7, by the Comp
troller and Treasurer, is one million two hun
dred and ten thousand eight hundred and two
dollars and eighty-five cents, ($1,210,802.85.)
Provision must bo made, at the present ses
sion, to pay the semi-annual interest on this
sum on the 1st of January, 1SG?: I transmit
their statetnent herewith.
There was no provision made by thc Act
to fund the interest now due on thc Stocks
and Bonds of tho Fire Loan-the principal
of thc former redeemable in 1870, and the
latter in 1868. The interest duo on the 1st
of October last, on stocks and bonds, was
sixty-eight thousand two hundred and twenty
dollars and fifty five cents (?08,220.55) and I
recommend (bat authority be granted lo fund
the interest now due, and that which will ac
cumulate up to the 1st January, 18G9.
The whole amount of the public debt, prin
cipal and interest, ol' this Slate, not including
tho debts contracted for, or on account of thc
war, was, on the 1st-day of October last, five
millions two hundred and live thousand two
hundred and twenty-seven dollors and ?
.ty-four cents (?5,520,227.74.) Of this an
four hundred and eighty-four thousanc
hundred and forty-four dollars &nd fift
cents ($484,444.51,) is redeemable in
and three hundred and eighteen thousani
hundred and fifty-nine dollars and twent
cents (?318,159.25,) in 1870.
The remainder of the debt, (not inch
three hundred and ten thousand dollars (?
j OOO) already provided for by Act of
( September last, authorizing its funding
redeemable from 1875 to 1890.
The interest on thc whole (except the
Loan,) ia provided for (if the holders of
securities will consent to fund it,) up tc
1st day of January, 1868, by which time
hoped the State will be in a condittor
promptly pay interest as it fulls due.
statement of the Comptroller-General, si
ing the debt and the several periods Vi
it falls, due, is herewith communicated.
It is, however, eminently proper that s
financial scheme should be now adoptee
prepare the State to meet' the principa
the debt as it falls due. If the inter?s
re?^'.arly paid on the debt, one hundred tl
sand dollars' annually set apart as a sin!
fund.for twenty years, invested in safe sec
lies, yielding six per cent, per annum,
principal being farther increased by the
vestment of the interest annually accru
will ?tccumalate thc sum of three milli
eight hundred and ninety-nine thousand th
hundred and twelve dollars, which will
nearly adequate to the payment of the en
debt then due, and I recommend that pro
legislation be adopted at the present sosa
to inaugurate this scherze.
Under the Act of September 21st, aire:
referred to. provision was made to fund
interest on stocks issued under authority
the Act of 18(33, to continue the construct
of the new State House. The whole arnot
issued Was twenty four thousand eight bi
drcd and twenty dollars ($24,820.) The
sue was not made until some time during 1
year 1864, when .there was a heavy deprec
linn of thc currency, and when labor and n
terials were in a corresponding degree ?
predated. Four hundred thousand dolli
were issued in 1.^02, under authority of I
Act o? 1861, wheo labor and material h
appreciated very little. In my Proclamati
I excepted these" two issues i'rom'imincdisi
funding until tho General Assembly met a:
determined whether these stocks should
scaled to thc real, value received by the Sta
for them when issued. The Convenli
adopted a rule fur the government of tran
actions between individuals during this tin
which was just and honest, and uo reason
perceived why the same rule should not I
applied in transactions between the State ai
its creditors.
If the General A'sembby should determii
to seale these stocks of either or both issut
a com mission must be appointed to fix tl
rates, and the interest can be then compute
accordingly. Should the General Assemb
lake no action upon this subject during tl
present session, the funding will be execute
in conformity to tho provisions of the A
aforesaid.
THE PENITENTIARY.
Pursuant to thc provisions of tho Act i
the late extra session, to establish a Peniter
liary, I appointed Messrs. William Gregg, <
Edge field, Wi!!:.".::] ll. Robertson, of Fairfiel?
find Archibald'Cameron, of Charleston, Con
missioners of thc Penitentiary "to sele<
.".nd procure a .lite and to erect a suitabl
temporary enclosure and temporary cells.
They have performed tho dut)- of sclectin
aud procuring the site, and have ordered th
work on the ceils to commence. I submit t
you herewith their report, together with th
plans, estimates and drawings of the entiri
establishment, prepared by Capt. T. ?. Lee
tho Engineer and Architect. The site i
within the corporate litn'ts of thc city of Co
ii:.libia-a plateau of several acres of leve
.'i;..''-.'.v. with a hold bluff on the canal, risin;
some sixty feet above the level of the river
A track less '.han haifa mile, uoarly at grach;
wi!! connect the building with the Greenvilh
Railroad at a point one-half a mile from th?
depot-; o? the South Carolina aud Greenvilh
and Columbia Railroad. The water now run
ui'.ig through thc canal will furnish all the
motive power that will be needed for man}
y-f-ars. Its accessibility from every part o
the Stale hy railroad, and the facilities there
by afforded for thc transportation of priso
ners, provisions and 'materials, and for ship
ping the supplies manufactured, make it s
most admirable and advantageous location
Granite, in inexhaustible quantities eau tc
procured, if not within tho walls, certainly
within a stone's throw of them, without anj
cost of transportation. Its location, within
the city limits, will allow tlte" number ol
guards to be reduced greatly below the force
which would bc requisite for the safe-keep
ing of the prisoners in remote localities where
the population is sparse. It is believed by
thc Architect and Engineer having the work
in charge that cells may be in readiness
by the first of January to receive couvicts.
The E'l.'ineer and Architect estimates thc
appropriation needed Cir the rajid and suc
cessful prosecution of the work for the next
year, at forty-five, thousand dollars.
1 directed the CuuimisMouers who were or
dered lo sell the buildings, machinery, &c,
of thc Slate Works at Greenville, to reserve
such machinery as mi?ht be-usefully employ
ed in the manufacture of wood and iron in
the Penitentiary, when fully in operation.
The r?servation-was made, and there will be
in the future only a trilling out'uy needed
for machinery lo operate most Iranchcsof
manufactures of wood and iron.
Tilt: LAND SCH]!' F'^R THE AGRICULTURAL AND
MECHANICAL COLLEGS.
In obedience to the resolution of the Gen
eral Assembly, passed at the special session,
I appointed John S. Richardson, Esq., Agent
of the State, for the purpose of procuring and
selling the land scrip to which th's State
was entitled under the Act of Congress, es
tablishing Agricultural and Mechanical Col
leges. He was furnished with a certified
copy of the resolution, duly -authenticated,
and filed it in the Department of the Interior.
From a communication addressed to me by
the Hon. O. H. Brownings Secretary of the
Interior, a copy of which is herewith com
municated, it will be seen that he declines to
issue the scrip until the Legislature accepts,
by Act, the douation in conformity to the
provisions of thc law of the Congress of the
Cnitcd Slates, making thc grant. No time
should be lost in securing this munificient
donation to the cause of education and
science, and I recommend that an Act be
passed for that purpose. This step will cer
tainly be accepted as a compliance with all
the requirements of the Congressional law.
In some of the Northern States, tho fund
thus raised has been used in establishing
schools for teaching the branches required
bv Act of Congress, in existing Colleges and
Universities ; and if this policy should com
mend itself to your approval, tbe agricultural
and mechanical features of the College may
bo engrafted on the University of South Car
olina, and save tho State all expense for lands
and buildings required to be furnished by it.
Thc buildings of the University are commo
dious enough lo accommodate all students
I hat may desire to matriculate, and the lands
adjacent to and owned by the College will
furnish sufficient land for an experimental
farm. It is very important, if the donation
be accepted, that such legislation shall be
adopted at tho present session, as will make
it available, independently of, or in conjunc
tion with, the University.
THE SOUTH CJJjtf3ii}?A UNIVERSITY
Was organized early ia January last, and
has now abont sixty-five students, but
number of matriculates has not been equal
the expectation of its friends. Tho Act
last December, establishing an Universi
requires furtbcr amendment, by providing
' Medical and Law Schools as a part of 1
general system of University education. J,
ny of the young men who go to the Universit:
of other States, to prosecute their studies
these professions, would willingly avail thei
selves of the opportunity, if offer ?d, of pura
ing them here. With ono Professor of La
aud two Professors in the Medical School,
conjunction with the Professor cf Chemist
already there, these schools could be put i
to complete and successful operation, and tl
hope might then be reasonably entertain*
that the number of students would be large
increased. The Board of. Trustees, for re
sons which wore.- doubtless, satisfactory
them, declined, in May last, to fill the eba
of Modern Languages. This important brant
ol' modern education should not longer go u
provided for, und the Trustees will, doub
less fill the vacant chair at theirannual mee
ing in December. The Institution,-as orgai
ized during the present year, though by la
an " Uuiversity," liss boen practically not!
ing more than thc Coliege revived. None
blanches have beeo taught, and so long a
provision is not made forteaching the moder
languages, and for organizing Medical an
Law Schools, so long will the youth of th
State seek other institutions, where thea
studies may be prosecuted. Until tho Un
versity can be made to merit the patronage c
the State,, by enlarged facilities for acquirio,
in knowledge cscieuce, language, and th
learned professions, its friends cannot expec
to command a general public patronage t
sustain it.
The Board of Trustees now numbers near
ly forty members. This makes it a very un
wieldy body. Its numbers destroy all sen&
of individual- responsibility in the manage
ment of the affairs of the Uuiversity. Near
ly one-half of the Eoard are Trustees ex qfli
cio, and, with rare exceptions, these ex o?ic?
members constitute, by reason of official en
gagements which call them to Columbia ii
May and December, the majority who at
tend its session. It was fouud nearly impos
siblc to secure, the attendance of a quorum
(one-half of the Board,) and you provided b)
law, at thc last session, that nine should con
stir ute a quorum in a Board of thirtynine
members. A smaller body would realize
more fully their responsibility to the Stat?
for the proper mau?gementof its principa!
educational . institution. I therefore recom
mend that the Board be reduced to seven
members, and appointed in such manner as
the General Assembly, in its wisdom, ma)
direct.
THE PURCHASE OF CORN*.
Pursuant to thc resolution of 21st Septem
ber last, passed by the General Assembly, I
appointed Colonel D. Wyatt Aiken Agent ol
the State to make purchases of corn. Hav
ing sat'.sfied himsell .fully that the double re
striction imposed in thc rosolution rendered
it impossible to effect parchases, he declined
the appointment. I concurred fully in his
conclusion, that tho double 'restriction ren
dered the whole scheme nugatory, and I have
not, therefore, appointed another Agent. The
resolution required that three hundred thou
sand dollars of bonds should .purchase and
deliver in the State three hundred thousand
b ishels of com. It is reasonably certain
that the bonds could not have been sold for
more than seventy cents to the dollar, and
corn could not be purchased, in any market,
md delivered, at .one dollar per bushel. The
correspondence between Colonel Aiken and
myself is herewith communicated.
The grain crop of the State has been gath
ered, and you are better prepared now, than
it the extra session, to determine the defi
ciency, and what will bc uesded to supply the
ibsolule wants of the poor. When you have
fixed the amount, the grave question arises,
MW are you to supply the funds to purchase
it ? Thc feverish and unsettled condition of
public affairs has not tended to appreciate
the credit of thc Southern States ; and if the
purchase of a large amount of br .adstuffs, for
distribution among the poor, is to be effected
by thc sale of State bouds, it can only be ac
complished at a ruinous discount. The ques
tion is earnestly commended to your gravest
deliberation.
The firm of Browne ic Schirmer, grain
merchants of Charleston and Columbia, have
mado a proposition to furnish corn, and have
requested me to lay it before you. They prp
pose that, if thc State shall advance to them
twenty-five thousand dollars, which they will
L'ive approved security to refund, they will
engage to furnish sixty thousand bushels of
corn per month, to bc sold at actual cost,
with transportation and two-aud-one half per
cent, commissions added, to the citizens of
the State * invoices to be submitted to com
missioners, and the corn to be subject to in
spection by the commissioners or by an agent.
If a larger amount should be needed monthly,
that larger amount will be furnished, upon
rondilion that the State make a pro rata in
crease of thc loan. The money loaned is to
be returned as soon as the contract terminates.
It is proposed by these gentlemen to estab
lish depots for the salo of the cern in Charles
ton, Columbia and Marion, from which points
it may be readily distributed to every section
of the State. The members of tue firm aro
enterprising and trustworthy, and, if such a
contract is awarded them, they will doubtless
fulfi'l its stipulations with fidelity. If the ne
cessities of the State should require the im
portation of one million of bushels, to supply
the wants of those who must buy and are
able lo pay, the saving to the people of the
State, by such an arrangement, would not
fall short of two hunched thousand dollars,
I have been informed that a proposition of
the ?ame sort will be submitted to you by A.
M. Hiker, a grain merchant of Charleston,
who can furnish you with satisfactory testi
monials of integrity and business capacity.
These plans for supplying with corn the
whole population, including tho Boards of
Commissioners of the Poor, who will be com
pelled to provide for a large number of indi
gent persons, at a profit of only two-and-a
half per cent, to the contractor, on cost and
expenses, are commended to j'our favorable
consideration.
THE PECUNIARY DISTRESS OF THE PEOPLE OF
TUE STATS.
The short crops of grain and cotton causes
the indebtedness of the people to press heavi
ly on them. This state of things imposes on
every generous creditor the duty of making
as liberal compromises with his debtors as be
can admit without pecuniary ruin. If he has
been fortunate in escaping thc general wreck,
he should cheerfully lend a helping hand to
his less fortunate neighbor who is still strug
gling in a sea of debt. Legislation consistent
with thc constitution and the general interest
of the community may be adopted, which
will greatly relieve tho public. I reiterate
my recommendation made at the extra ses
sion, that imprisonment for debt be abolished,
except in cases of fraud, and when a debtor
is about removing his person or property
without the limits of the State, that the in
solvent law6 be so extended that a debtor
may,'by petition, on giving three months' no
tice to all his creditors, require them to come
in and provo their demands, and upon his
surrendering his entire effects for their bene
fit, that they be perpetually barred from ever
again proceeding against him in the Courts
of this State, and tl at in all cases where a
defendant is sued and makes no defence to
the action, no costs shall be taxed against him.
PersonB in sui jtu?s can now compromise
i with their debtors, (ind often find it to their
interest to do so, bat such as occupy a fido
I ciary position are restrained by the stringen
of legal rulos ; and not being authorized tc
compound with debtors, they frequently lose
the entire debt. It is sound policy to modify
those rules, so as to allow them to compound
thc demands they hold against debtors, taking
care to guard against fraud or ill faith on their
part. *
I invite your attention to tie propriety of
pas tag a homestead law, and of extending
cbc value of articles exempt from levy ana
sale, for the bead of each family. Most of
the States have made much more liberal and
humane provisions than Sout'i Carolina for
guarding the families of UN fortunate and im-' .
provident debtors against beim; cast out upon
thc world, houseless and bread fess. Tho de
cisions of some.of the State Courts have af
firmed the constitutional power of their L?g
islature to enact laws increasing the exempr
tiona from levy and sale, even upon antece
dent debts. It is not by any means clear
that yen are precluded from enacting such a
law. either by precedent, rcascm, justice, or
the Constitution.
DISABLED 80LDIER?L
Agreeably to the resolution of the 2lst
September last, passed by the General As
sembly, a circular was issued by me, " direc
ted to each of the' Tax-Collectors of the
State, requiring them to furnish me with a
list of the names of all citizens in their res
pective Districts who were permanently disa
bled in the State or Confederate service du
ring the late war; particularly specifying
those who have been deprived cf their limbs,
and ^tating in each case whether it be an arm
or leg, or both." The information thus ac
quired thc Governor was requested to furnish
to the General Assembly at the next regular
session. Returns have been received from
the Tax-Collectors, with the exception of
those of Abbeville, Barnwell, Chester, Ches
terfield, Clarendon,. Kershaw. Lexington,
Marion and Union, and the Parishes of St.
George' Dorchester, St. Helena, St. James'
Goose Creek, St. James' Santne, St. John',
Berkeley, St. John's Colleton, and-St. Ste
phen's.
The Districts and names reported hare
been alphabetically arranged, r.nd are here
with transmitted for your information. Tho
number reported, so far, as having lost legs,
is one h?ndred and sixty-seven ; one hundred
and eighty have lost arms ; one hundred and
seveuty are otherwise permanently disabled.
The printing of the Journals of the extra .
session, together with tho joint resolutions
then passed, could not be completed until
within the past week, and my attention was
not called to your resolution of the 15th Sep
tember, " directing the Governor to invite
proposals and specimens cf artificial legs."
Proposals have notbeeu invitedr lam, there
fore, not prepared to report " "he name of
that manufacturer who .will present the best
and cheapest models, with the pi-ice thereof."
COVERING TUE STATE HOUSE.
In conformity to your resolution of the 19th
of September last, advertisement were pub
lished inviting proposals for ''estimates of the
t03t of covering the new State House, and of
fitting up therein a sufficient number of room3
lor the use of the General Asseubly, and its
officers, upon the most economical plan.
Bids have been received from tb:ee builders.^ .
They will be laid before the Committees of
1 he two Houses charged with the subject,
together with their respective plans, specifi
cations and estimates. Well-informed archi
tects represent that the building, in ita pres
ent condition, will rapidly deteriorate, and I
recommend that an appropriation be made to
carry out the purposes of your resolution.
GENERAL INCORPORATION ACT.
I respectfully renew my form ir recommen
dations, that a general Incorporation Act be
pissed. Capital should be invited into the
State by every legitimate means, and ready
facilities for organizing chartered companies,
where it may be concentrated foi' enterprises
too large for individual effort, woald promote
the end, and are greatly needed. Such au
Act would save much of the time which tho
Goueral Assembly is now compelled to devote
to granting charters, and would reduce, very
materially, the annual cost of printing Bills
and Acts of incorporation.
THE INSANE ASYLUM.
I communicate herewith the report of Dr.
Parker, Superintendent and Physician of the
Asylum. You will learn from it that there
are now in the institution 143 patients, of
whom 5G are paying and 87 are charity pa
tients. The latter list will poon be increased
materially by transfer from thefonrier, arising
from the inability of present paying patients
to raise funds further to support thenraelve?.
Toe institution is admirably managed in all
its departments, and I commend it to your
continuing favor.
. THE DEAF AND DUMB AND THE BLIND.
The Commissioners'of the Asylum for the
Deaf and Dumb and the Blind, at Cedar
Springs, in Spartanburg District, met in June
last, and made the necessary arrangements
for putting the schools into operation, under
the supervision of Messrs. Henderson and
Walker. The boarding-house ;md schools
were cpened carly in November, and tie?
have now resumed their long suspended fur.c
lions under the most favorable auspices. Thc
schools are rapidly filling up, and promiso to
reach, at an early day, the maximum number
heretofore attained. The reports of the Com
missioners and Superintendents will be soon
transmitted to you. I bog to commend this
noble and humane charity to your fostering
care.
CONSTITUTIONAL AMENDMENT PROPOSED BY
CONGRESS. .
I transmit herewith a corMunieation from
the Hon: Wm.'H. Seward, o wring the Con
stitutional amendment propo J to the several
States of the Union, by the Congress of the
United States. History'furnishes few exam
ples of a people who have oeen required to
eoucede more to the will of their conquerors
than the people of tho South. E rery conces
sion we bave made, however, no far from
touching the magnanimity or generosity of
the victors, han sharpened their malice and
intensified their revenge.
In the surrender of our last organized ar
my of the late Confederate Government,
Generals Johnson and Sherman, each repre
senting the militan- power and authority of
his respective Government, agreed upon cer
tain terms of capitulation. While exacting
in some respects, these terms were in the.
main such as a liberal and generous victor
wculd concede to a fallen foe. They were
accepted in good faith bv the Southern people,
and every organized body of soldiers in op
position to tho laws of the United States
were in a few days dispersed. Scarcely had
the fact of the capitulation been made public,
however, before it was announced that the
terms were repudiated by the Executive au
thority of the United States, and a proclama
tion was issued, offering amnesty, with nu
merous excepted classes, to those who had
participated in the war. These classes also
acquiesced, and conforming to tho require
ments of tho Chief Executive generally,
mad'3 application for pardon. 1 hen followed
Military Governors and the mi?tary occupa
tion of the country, under whioh the rights
of the citizen were regulated by no known
rules, and he was tried and punished by no
known laws. This condition of tilings wasalso
acquiesced in with remarkable patience. Pro
visional Governors wero thou appointed,
whose fonctions were perform ec jointly with
the military commanders, and conventions
called by these Governors were assembled to
change the,organic law of the several States*
Thus did the people of South, parolina as
semble and obliterate the ?oflitiHition that

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