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The daily phoenix. (Columbia, S.C.) 1865-1878, January 15, 1873, Image 3

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..'I TOS
. alenoe from tho
direa tors aek, and I reoom m e u d
^BW?mm0^il4*? Tb?
aT.io hia-report xdfilm*, ?od 1
J;^^JW^*fe*^?ditur?? for the
?er, ?honT?-b?. abated by Yarionsi ferns
#drt?ljed, andrfmSm* WP te?;
Jta for tbo ' support ,aud , ooastmoUou ojr_
prison,, lor the.. fl?c?l l??r which corn?
iced on November 4., 107*. should ba?s)li
very able i
de in tho oonutry,:
report of the Bu
rallying /set that
toutiary ha* tbyB (*r
nopo. ^'in^atit?Tealn; proofJ
i coat of ?ho North Carolina State
n and our Jowo: iu the, farmer, tho coat
rhile iu ^JaVacd material, "being of graulte,
?on and um i ? - - - ??i
ooa *^43,iM7,;Li)? the vost per cell of
litaatyaf^of this ?tato, of the same
rc?11. m ever* reaoect, is only Sl'OOOV
^itUeJc^JiH than due-third of the oust
, IJaardgf IMr^tote again urge that the
,, ebauldpurobaae a tract of land, of easy
access to. tho penitentiary, to be need ae a
:fann for. tuo prison. ? Tlfby name 100 acres as
a sufficient area., and allege, seemingly with
- reason,.that such a farm, of good arable land,
, properly cultivated and managed, will furuleh
all tho breadatu?a and vegotablea, and a
large hart of the.meat required, for the use of
' 'the oonviots. As it is designed that the pent
- +??t.iary ?hall be as far aa aosalble solf-aus
?-' tabling, and as the establishment of a supply
.'^arni. Tu oonneatlon therewith, will contribute
to that end, and will bo, from a practical
^polnt pf view, a measure of economy, I re
" '-hat tho necessary appropriation be
the preaent aeaaion, for tbe pur
OOOtmeud that tho necessary appropriation be |
, iuad?, 4t the prea
,0haBe of suoh farm.
?' ..... The. number of oonricte iu tbe penitentiary |
first day of October, 1871, waa 309; the
r nowlu ooftfinemeot i? 218: showing a
jtion of 01 dating tho year. The Direct?
ors state that this large reduction ia chiefly
Axe to tho pardon of many oonviots when near
-the olooo of their terms, on account of good
behavior during their imprisonment. The
Board expreta their belief that-this liberal ex
excise of- tho pardoning power has tended
i ^greatly to improve the morsla and-behavior
i of the convicts, as it holds out to each the
hope of; an earlier release aa the reward for
exemplary conduct in prison, while hla exer?
cise of tho self-restraint thus encouraged,
'2 furnishes in itself a valuable discipline to fit
ban to reaume onoa more, those rights of oiti
.gcaab ip whioh he has forfeited by crime.
The Board Invite attention' to the very im
portaat fact that tho validity of the title held
by the State to a great portion of the land
' roa whloh the penitentiary la eitnated ia again
4n dispute. I recommend that the Atbornev
Oeneral bo inBtructod to inatitnte the neces
f-eajyr.proceedings to quiet the said title, and
,;' -to defend the. claims ofc the State in the pre
The acoompausing report of the Superln
^ tendeat ofthe Penitentiary, which ia fall and
clear in all-necetaary details, will give your
honorable bod tea ample information .as to
, ibe practical working and coat of the institu
?4 Uon, and tbe.past and. present difficulties en?
countered ia Us edioioietration, and tbe re?
makes reqnl site for the future; for all or
waiefc I ask yoor favorablo ponaideratioa and
prorspt ftctioui : ,, ? c
The ..Board,of Direoiors highly commend
: -the Baperintondent General C. J. Stolbraud.
. >lor his.untirin'g anal and efficiency in the dis?
charge of bis difficult trust during the paat
fber yeare. !, '-..'< - ? ? . ?
. ? > .These oommeodatiupB. X am aa anre, are
, waB: deserved. Tho Superintendent has ex.
fcAbitedin his offl jo adnoinietratlvo end exe
^ffaMive, abiHty, and.although severely tested
?t most oritical periods, be baa risen superior
to etrtiy omergoboy. ..,it,*"?..? ?
*nb quin ah tins.
irt, however, gives?b tho unwelcome new s
?Hall pO* fs aa vancrfng Bonth acf oa? tho Con/
asametsmeor precaution'and In the In-'
:t?rosiefhuraan life; be recommends most esrnesflr
that Oie General Asumbly will Without delay proTlde
law for S compulsory system of yaodaatlon. This
how*^aaoa iudicl<!u? recommLiidatlun has mr hearty
mrience. and In furtherance of Its object Irecom
1 that the County Commlaslonors of each Ooanty
bfrtorthVlth'reauJred topdrebsso the hceesiary
Joe matter, and that sll Indigent persona who
' -may he 'unhbl? -t? pay 'for the samo bhall be eordpellcd
? tooubralt to tacctcatlon at. the expense of tbotr re
spocttvaoouOtlos, should the local municipal aathor
itlfis have failed to rnako.saltable proylalon therefor,
' ? I wonhl also recfOuneiid. that the Superintendent
Ji of Education bo Instructed to prohibit, public teach
S erf from receiving Into tho' common schools of tho
*?'? State any child"whehtt hot fceen Vaccinated.'' "r
? :;1b fhlseotmsotioh the Health OfflcAr refers to the
\ ' ftet that In 1873 a eVStem of racclnaUon in' tho pub
U? sehocla .of New York (being considered tho fonda
mental and most snecessful means of protection
M pox,) vas thoroughly organized and ? ?i>c
t atdnspeators desunatcd for the work,
l'of suadation or now York, recognising
ico of vaccination ns a sanitary provont
>, haVc Incorporated into Iholr by-laws a
' stvetfon roouirlngf all children attending publlo schools
? tib am vaoefnated, as a pre requisite to their admission.
Tho exemption of the people of afassachnsotta for
-fteveml years past fror? the attacks of small pox is
?>gteted to ba4ne almostentirely to the medical laws
:; *?thal.Btat*,,wh'oh enforoo 'the Yaccluatloa of all
jmplJs In tho common schools.'
' *' " ue. Lobby aTso calls attention in hie report, to tho
'TRally Intorcsllng fact thn tho Cinchona or Quinine
tree, which is indigenous to Peru, is rapidly dying
?oat. from the constant and increasing demand for its
bark. - This ia a matter of special lmportaiico to thoso
. wefoqr people who reside withln.the molaiial belt of
?w'lbw wantey,
elflo koown fbr mi1.
lei no bolng tho most potent. sp<
TA^AmelHcsn Medfqti' AsBoclatlon, having directed
? their attention to this important' subject, Bnd that
tho climate of Callfofhla Is well adapted to ?Iii growth
? . or the Cinchona troo, and they bove petitioned Coo
?gresa t4prov!do by law for tho planting, and cnlttva
. Uon of It opou tho public lands br tlint State.? I ?
. , TJds may bo practically effected by. a prot|is)on In
. the laws reuulatlug tbusuxvov of tho publlo lands of
,<ho United State's which'.'shall refpilro each deputy
^nryoyptyodj>p/i|lt''noar c'voxjr corner and' monu?
ment oVi tto llnck of survey several of tho scod of the
Cinchona (quinine) tree.' '
?' I woald, thorsfure, recommend yonr honorable
?/ bodioa to memorialize tho Congress of the United
. cStates to tho aoeompJIshment of tlio end in view.
; -,You?,early action is also requested upon the oondl
Uoa or tbe QoarantlDo bul]ding\ Or Lazarotto, nn.
,.Morris Island, In Ibo harbor or Charleston. Biaco tbe,
?wnplrtlon of theso bnlldlngs, four years ago, as author?
ized by law, the rapid encroachment of tho sen on tho
shore line of the Island greatly endangers tbotr~
i safety.' - ..?,? i ? ? -
ii jiltWoaW moromend that in thannnmd appropria
- iWOnai"?al?h;Wlll bo medo for quarantine purposes,
1!' SPWHB9P*J*& ?ttblsct.he taken into consideration
, ahd.proylfled for, as.lt will cost the State much less
.fn'.tne end to romove or protect tho bnlldlngs now
' WfeJS tn?W'.fl??tr>etloa by tho sos whloh
? ? Woald iieoeatltate a mneh -larger outlay for the crec
tlorrof now onos. '??.,.<?? ?:
. prfostfOA-no ?xrortrs..
3 .1 Xttransmlt herewith the first annual report of,tho
Staio.lnapoetar of 1'hosphoUe, and ask Toe It your ss
rlduu consideration. Tbe phosphate deposits lylug Iu
, the beds of our navlgable streams and waters form the
exclusive of<al?fttlon- ' ' . 1W .
By an Act of the Gensrsl Assembly, pusod March
JsL 1870rOertftU personsjow kno m>n m the.* Marine
Auditor ? bond, In the penal sum of fifty thousand
dollars, conditioned that,they shall make true and j
faithful returns to-the said State Auditor, annually, on
o rV((
tnoTed by thttn." ??...?
'It was further conditioned thftt the said grantees
"shall punctuAlly pay to tho 8Into Treasurer, annually,
^ th. fay ,1.- atJgautom?rmiMla? p**'"" r"J',*w-*T
ton of phosphate rock and phosphatte deposits by
them dug, mined and removed daring the year pro
ceding.". . , , * imi
A? the Buto had Baaltaed bat ? ooinpora? vely inslg-i
nlflcant-snm from thisgrant of her.phosphates, which
aro estimated by expe rts and dealers In commercial
?fertilisers, to be worth sflVeral millions of dollars, tho
General Assembly provided for the appointment or an 1
In?pector of Phosphates, by' an Act approved March
Pursuant to tho termb otthat Act on Inspector of I
Phpsghatos was appointed by my - dlsUngt?ithod pro -
docessor and confirmed bar the Senate. The inspector
thus appointed Is generally considered oa well qu..?
Bed In ?rery respect for the position, and has achieved
a high reputation for skill in agricultural chemistry.
He entered upon his duties oa or about tho 10th day
of M?re*, 1874. end stnoe that time haa closely do
voted himself to them.:? ? ?
He states in his report that " the Marine and Biver
Phosphat? Mining and Manufacturing Company re?
fused] to acknowledge tho right of tho Legislature to
pass laws supervisory of their mining operations.
Tho a Ulcers of tho company, sctlngmnder Instruc?
tions, denied mo tho exercise of authority delegated
by tho'Legislature for the protection of the most
valuable Interests of the State."
lie reports that ho requested tho co-operntlon of tho
Sroper elate authorities la the performance of his
uttos to the Bute, but that they expressed themselves
as belog content to receive from him tho returns of |
tho Marine and Blvcr Phosphate Mining and Manu?
facturing 'Company, aft mado out r.t tho Custom
Houses of Charleston and Beaufort, and that In spite
of the leek of their assistance, ho '-used every effort
to carry oat the spirit of the law until the nctlon of
the officers of tho company became so hostile that it f
was Impossible to obtain reliable information."
It Is manifest from the charter of the company re?
ferred to, which demanded from the company n bond,
with the conditions above recited, for the protection
of the interests of tho State, that the grantees were
placed under a penal obligation by tho State to malte
trim and faithful returns of tho phosphato " dug,
mined and removed'1 by tho company. The Imposi?
tion of such obligation establishes of itself tho right
of the State to provide, throngh its own agents, for a !
verification of those returns. Otherwise the State
might be mode the silent spectator and unresisting
victim of a aeries or returns, total If depriving her of |
a large and much needed incoino due her by law.
That the returns themselves were not to be deemed
conclusive evidence of the royalty duo is made mani?
fest by the closing paragraph of the charter, which
declares that " the books of said grantees and their I
associates shall bo openod to the tnepeetton of tho
State Auditor, or agent duly appointed by him fur
that purpose."
. Nur could tho books themselves be held as final and
unquestionable proof of the fidelity of the returns,
as they would bo the creatures of the samo party in
Interest, and the books exhibited and tho returns for?
warded could, with facility, be made to accord, as the 1
capacity and temptation to commit the one fraud
presupposes the will to perpetrate the other.
The General Assembly recognized tho necessity of
such verification in the following provision of the
"Act to provide for tho appoint men t of an Inspector
of Phosphates, and to declare his duties."
Bxo. 8. .?*?*? M And to tho end that tho said
1 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 aud bo
I allowed, free and uninterrupted access to nil placos
where such rooks anddeposlts Ore dug, mined, or ex
cavatod, and to all warunouses, or open or enclosed
pieces, where such rocks and deposits aro stored, and
to all vessels, railroad cars or conveyances in or by
which such rocks and deposits are being removed."
It is unfortunate that this Act does not provide
any penalty for resisting the Inspector in the per?
formance, .of the doty enjoined upon him by the
Beetlon Just quoted, ,. s
I therefore recommend the enactment of a law
declaring that any. person who shall knowingly and
wilfully resist the Inspector of Phosphates In tho
discharge of his duties, or shall prevent, or attempt
to prevent, the performance of the same, cxeopt by
do* course of law, shall be deemed guiltv of n mis?
demeanor, and providing a suitable penally for such
I further recommend that all the Phosphato Com?
panies under charter from the State bo required by
faW to make' to. the Comptroller Gonorol a monthly
return, duly sworn and attested, of the number of
tons u of phosphato rock and phosphate depos)ts by
them d og, mined and removed from the beds of the
navigable: streams and waters of the State." This
monthly return to be la lieu of their annual return
as ?f>w required.
. Theac .mysterious, deposits of animal remains,
which chronicle ft period of time that wos prob?
ably ancient before man walked upon the earth,
Cfttae to iis, as tt were, a great charity of nature,
Which under tho direction of a beneficent Provi?
dence, rev cols bcr treasures'fn timely response to
ham an necessities.
i The,? total royallty recelvod by tho' State from tho
.Phosphate Companies ansonntoas follows :
i-^'^ *Pd.^v? ^nM4fcy? ? . ? ?
? 1670.........9 2,460 40
. > 18T1 ......'.'..:.:....,..... 17,655 00
? ' \18I?..-.?:.:?..i..,'....;;4*o,?er 49
b?W? .-'.?? ? ' 969,411 S3
Bunth Carolina? Inn s i . i
1W0... 9500 00
? ' 950,011 6?
This is a very .Inconsiderable Income from such
I valuable franchises. ;
The State, however, has tho'powor to protect Itself,
1 Olid should vigorously gusrd Us Interests and enforce
its rights In the premises. ? <
? m ? ? rfemu kation. ?
There Is no. subject that with greater propriety de.
manna your legislative action than that of immigra?
tion, or tho comicg into tho State of persons Irom
abroad, for permanent settlement.
Especially is It do?ir?b1e that tho class of industriell
Immigrants who aro skilled In agriculture, and who
possess tho requisite amount of capital to purchnto
end cultivate'small farms, and thus swell the aggre?
gate of our agricultural product?, and cheapen the
prlmo necessaries of life, derivable from the tillage
of tho soil, should bo encouraged to coino among us.
.The attention of tho State Leglslaturo was directed
to this subject in lSQ?, and accordingly on tho 20th of
December, of that year, an Act was passed "for tho
protection ami encouragement of European Immigra?
tion." That Act provided for a Commissioner of Im
gration At a salary of 91,500 per annum, and appro?
priated tho sum of 910,000 to carry out Its objects.
The same Legislature bad previously, on the 2ist of
December, 1865, granted a charter to tho "South Car?
olina Land and Emigration Company, formed '-for
the purposo of encouraging the Immigration vifnt
while, labor to this State*
The plans proposed in both of those Acts were es
sentlslly tho same and fatally unwise, both In their
Inception and execution.
They were designed practically to Incite and fos?
ter tho importation of European laborers for hire on
the plantations lu tho Slate, with the view ungener?
ously to supplapt. tho colored agricultural laborers
with whom the State was abundantly supplied, und
! who wcro able, and willing, nod eager to perform a
fltir dap's work for- a ftttr'day's waff es.
However doslraWo European Immigration may be
to our Slate, those plans failed, ns they ought to have
failed, and every humanitarian In our. State should
havo been delighted at their failure.
Under tho operation of the Act first cited a limited
number of' emigrants arrived at Charleston, in the
year 1907. Pursuant to the 7th section of that Aot
they wcro on arrival, duly registered at the office of
-the Commissioner "6r Immigration, and wero class!
Aod ns artisans, mechanic*, farm laborers, house ser?
vants, dca... ? .i
They were n<niiy all, If not entirely, from Ger?
many, a land that furnishes our oeuntry with a large
fraction of its most IntoliJgc-utnud enterprising adopt?
ed citizens.
Many of them M*ore speedily luiployed by planters
in tho Interior at what should bo regarded as a mod?
erate rate of wages or about 913 a month and "found"
In Provision?.1 ? '
- On arriving st their new homes they found them?
selves utterly unfamiliar with the customs and tho
language of our people.
TboLr wonder was much heightened when the usual
plantation ration was Issued to them, consisting of
bacon, corn meal, talt and molasses.
Their astonishment at being expected to bo satisfied
with snch food equalled that of the planters who won?
dered at their repugnance to kueh ataplo articles of
plantation diet
The natural result was mutual dlssstisfsotion, and
the return of tho European farm laborers to Charles?
ton, whero thoy were humanely provided for by their
countryuion, . ." : : ..
The vast tide of Immigration which annually pours
Into the United States loaves scarcely a ripple of Its
miehty stream uj>on our shores.
Dtning the year ending Juno 80,1871, there ar
rived In the United 8Utes from
three hundred end twenty-one tho
dred and fifty lmort|
" hu Kt "
Itli adjacent to the some parallel oflalJiudo with
BoatharA itanc*. Italy ?nA?pnln, sad bA? ail the ad
vantage* of climate walekjHrey font?, A
Tho frnlta of the tropic anil temperate tones, and
all the cereals known >o commerce, Qud here a con?
genial clttrie. While tho'yellow-pine, oedtr, tho .red
and the white oak, the hlckorr and the walnut are
among .our, fonts t tsess, ? ?
Uor soil will oo in pore favorably with that of most
of our sister States? and our seasons aro aa regular,
and they are so, tempered that mechanical optl agricul?
tural labors may bo prosecuted throughout the entire
Our climate, too., exceeds In healthfujucss that of
many of tho ?northern tfor of States. In proof of
this, I refer to the mot shown 1n the mortality tables -
of the eighth osnsns of the United States for the decade
ending June 1st, 1300?that the number of deaths In'
Massachusetts woe one in fifty-seven, wbllo In South
Carolina the rate .was one In . seventy-one, tho per
contago in tho former State having been 1.70, and in
this 1.41. ?
We have. In round numbers, fourteen millions of
acres of arable land and less than one-third of this In
cultivation; the total quantity of lands In this Stute
in Improved farms being about fonr millions of ocics,
two-thirds of the arable utllU lying fallow.
Onr taxes have never been, nor ore they now, exor?
Taxation in the State for tho past four years has not
averaged oven nine mills on the dollar for Stste and
County purposes, and tho taxes fur the present year,
amounting, for all purposes In tho State.snd Comity,
to fifteen mills on tho dollar, arc actually far below
that figure, in view of tho groat under-valuation of
property of all classes, not In tho assessment In all
cases but In the estimate on which tho rate of tax?
ation, is based.
For Instance, the average prico of farming lauds Is
about six dollars per acre, while the same lands are
valued for taxation at only one dollar and fifty cents
per acre.
Wo have also adopted the admirable New England
system of freo schools liberally endowed with" am
plo appropriations, which honccforlh will not foil of
application to their vital and sacred object. In ad?
dition to all theso manifest advantages of soil nnd
climate, there aro several railroads traversing a large
section of tho State, connecting with lines running
North, making markets of easy access, nnd we have
a liberal homestead law, which exempts fifteen hun?
dred dollars' worth of real and personal property
from execution nnd S'ilo for debt, und Imprisonment
for debt has been abolished.
In view, therefore, of the pressing importance of
inviting Immigration to our State, and to the end
that it may bo fostered and encouraged. I recom?
mend tbo exnetmentof a law providing that all per?
sons who Immigrate to tho State prior to the first
day of March, 1875, and engage In the cultivation of
the soli, shall receive from the State Treasury a
bonus In money equal in amount to tho State nnd
County taxes assessed upon their cultivated lands
and farm buildings: such bonus to bo paid annually,
and to be continued for two years after tiic cultiva?
tion of such lands shall have been commenced.
The plan I propose contemplates the setting In
motion a current of domestic immigration from the
Northern Suited of tho Union to our own State. As
much to bo desired as Is an immigration into our
borders by the hardy yeomanry nnd skillful farm
population of Europe, we have no agencies at our
disposal by whlnh we can hope to turn the stream of
foreign immigration frvm the new States of the
West, into which It is steadily flowing. It is practi?
cable, however, to secure largo accessions to our
rural population from our sister States of the
North, which have fewer natural advantages than ours
for agriculture, and have n population which is fast
becoming extremely dense in prouortlon to their
In illustration of this fact I refer to tho census of
the United States, of 1S70, which p,lvos the population
of Connecticut nt five hundred and thirty-seven thou?
sand four hundred nnd fifty-four; that of Massachu?
setts at one million four hundred and fifty-seven
thousand three hundred and fifty-one; and that of
Pennsylvania nt three million fivo hundred and
twenty-ono thousand seven hundred and ninety-one.
Dividing the number of inhabitants In these States
respectively by the number of square miles in their
areas, we find that tho population of Connecticut Is nt
tho rate of 115 to tho square mile, that of Massachu?
setts 1S6, and that of Pennsylvania 7(1; South Caro?
lina has an area nearly five times ns large as that of
I Massachusetts, and less than half of her population,
while tho number of our Inhabitants Is only 19 to tho
square mile. In tho State of New York the density
or population is 93 to the square mite, and in Ithodo
Island 166. If tho Northern agriculturists and me?
chanics, who ore now uncomfortably crowded together
in tbclr nattvo States, can bo induced to settlo here in
any considerable number we will thereby add an ele?
ment of Immense value to our population. They-are
tho class of men who make great cities out of small
towns, and build mighty States in the wilderness.
In pursuance or the plan for the encouragement of
domestic immigration ns herein proposed, I recom?
mend the creation of the otlieo of Commissioner of
I Immigration, with such n salary ns In your wisdom
you may think proper, and that tho sum of ten thou?
sand dollars bo appropriated for tho payment of such
salary, and other expenses Incident to the purposes
of said nfilcc, namely: The dlsscmluation throughout
tho Northern States of correct information in regard
to our climate and agricultural resources. Tho Com?
missioner of Immigrath) j should bo selected with tbo
sole view to his especial qualilicaUotis for the posi?
tion, and nno of his duties should bn to travel In the
interior of tho Eastern and Middle States, and invite
Immigration through occasional public lectures, set
tlug forth the value And location uf onr most desirable
lands, with ? xoct Information in regard to the mineral
wealth, vegetable products, climate and sanitary con -
i ditlon of onr State.
The duties now devolved upon tho Commissioner
I of Agriculture should be performed by the Commis
[ sioner of Immigration.
This institution is in as.prosperous a condition ns
could bo expected under existing elrcniostnncof.
The number of stud-nts In attendance during the
session ending June Vi', 19T2, was S3.
The appropriations made furlts support for the fiscal
I fear ending October 81, 1372, were?
For the support of the University..|27,8SO.O0
For r. pairs on the University building. 10,000.00
Th? Treasurer of the institution reports that there
are twenty-six ihotisnud tight hundred and twelve
I volumes iti the Library, but that for the want of funds
to repair the books, many valuable works nro being
I rapidly Injured.
The General Assembly, by an Act approved March
I 8, i860, provided for the annual admission to tbo Uni?
versity of one benetlciary from each County in the
State, such boneticiary students to be appointed by the
Governor, on tho recommendation of tho delegation
from the County in which such students shall respec?
tively reside. I am prepared to maku the appoint?
ments whenever called upon pursuant to law'.
The Constitution of the Stute requires, in Section
I 9, Article 10. that:
"The General Assembly shall provide for the main?
tenance of tho State University.
1 therefore recommend that the necessary appro?
priation be mad.- for that purpose.
Tho Code of Procedure, adopted by the General
Assembly on tho report of the Commissioners duly
appoint, il to draft tho same, has been very freely com?
mented upon in every part of tho State oh being en?
tirely unsuitable to the wants of our people.
I note below only a few of the many palpable de?
fects of this Code, ns adopted and printed :
1. There aro numerous clerical errors, such as words
omitted, proper changes out made, nud the wrong sec?
tions referred to.
2. Thecogts which arc provided for nro enormously
large, nnd. In ibe I'robntt) Court, they actually consume
small estates to satisfy them.
8. 'I ho llmltut'on of actions Is, in most cases, not
Sufficiently restricted ; for instance, twenty years ad?
verse possession Is necessary to give one a good title
to land.
4. Too many notices are required in the conduct of
5. The preparation of appeals is ton intricate and
0. Tho lien of Judgment is so restricted that a cred?
itor can extend indulgence to his debtor only at his
I own peril.
7. Tho Code establishes In Ibis State tho Probate
law of Massachusetts without incorporating the
I Statutes of Massachusetts to glvo It efficiency.
8. Tho whole system of appeals from the Courts of
I Trial Justices Is involved in obscurity.
9. The. demurrer to a complaint as therein required,
that "does not state facts sufficient to constitute a
cause of action," Is, in most eases, a tiap to catch tbo
unwary, and as n whole, is n mischievous contrlv
| ance.
10. The effort of decisions by Referees is not well
defined, nor their legal force stated.
11. The whole system of Kefereea Is unnecessary,
nnd amounts only to an experimental novelty for
which Suitors In Court aro .compelled to i*y their
money. -
12. The cases in which appeals may bo taken ore
too limited.
18. The costs attending appeals aro so great as vir?
tually to deny to a poor man tho exercise of his right
to appeal. ? ?
.I IIMMBBaggggg H -
' li'Trtlle it-lWIIbw* the New York Cofiegenerally,
It aa far diverge a fron It as seriously to impair tho
effldoDoj of tho port!on 1 retained: there being nu
?Bfiu omissions of provisions which are nee?**ary
HjKute otnV?aWI'ooupMff wh'?tt!, as lsltAriroresjHji
r*la? I^umcrooi/amcnd?ents ?> ihn uido htVe.
jfready been nfiae, ondthouldo* iuUdllgeatly esn
hodled In it, ifM is tho will of yon.'- honotabfe bodies
to ret?i? it intte It our^mia,~ g ; :
The aJaring jfialta ft* coaxmlssl* and ctslssten tb&t
marUtKcnwdWnwnr and asShlosat?U**Code
ot rVoooourc," are fitly rapplemented by tho "Bc
Tlsed Statutes" of the State, which form, la the main,
a huge bundle of lestl Incongruities, and conflict with
-the plainest provisions of our State Constitution.
I installoe, as ah Illustration of a palpable violation
of a constitutional provision, which is an essential
. safeguard fur the rights of a citizen accused of any
offense-before tto ;law, tho-following-from' Chapter
1ST, General "Statutes:
_ilJiaazioH a parson U <tn hla trial aoquitUd
upon tho ground of a varlanco between tbe indict?
ment and the proof, or.nponaa exception to the form
?or substance uf tho indlolment, ho may be arraigned
again on a now indictment and tried and convloted for
the some offense,, notwithstanding such former ac?
This Is In direct conflict with tho 8tntc Constitution,
which declares, In Article 1st, Section IS, "No per?
son, after having boon once acquitted Hy a jury, snail
again, fur tbe samo otfense, be put in Jeopardy of his
lira or liberty.",
Thuse Statutes contain much that is redundant, nod
long since properly obsolete, and much tbatis gene
rally acknowledged as obnoxious to our present ad?
vanced stage of civilization.
' For example, according tu Chapter 09, a marriage
in a public church between persons of lawful ajro
freely consenting thereto, and celebrated In duo roll
?rlc?? r-rm la not to be considered lawfnl unless fol?
lowed by on act which is usually impossible of
Judicial proof.
I deem it proper, also, to cull your nttcntlun to tho
fact that the General Assembly of 1ST(-72 exceeded
Its constitutional powers in tho adoption or Section
19 and SM, Chapter 1%, of tho General Statutes, as ro
vised, by the provisions of which Bectlonn changes
have been made In the legal boundaries uf certain
Counties in the 6tate. The General Assembly have
no power to change tbe boundaries of thesa Counties.
Their boundary lines must remain as they were wheu
the Constitution of the State was adopted, all chunges
in thi-m being expressly prohibited by the said Con?
stitution, which declares, In Section 3, Article 2, as fol?
"The Judicial Districts shall hereafter bo desig?
nated as Counties, ami the boundaries of the several
Counties shall remain as they are now established,
except the County of lichens."
A proviso lu tho sauie Section authorizes tho Gen?
eral Assembly to organize new Counties by changing
the boundaries of any of tho old ones; but tho pro
Crtscd chances do not fall within that provision, not
elng incident to the organlzatlun of any new
' In accordance with the wUhca of the people on this
important subject. i,r which I am reminded by th->
dally receipt of tetters froui all parts of the Slate, I
rvcomtneud that the General Assembly provide by
law for the appointment uf three persons,"learned In
the law," whoso duty It shall be to revise and simp?
lify the Code of Procedure and the General Statutes,
and to render tbem inoro in accord with the peculiar
needs of our people than they uro at present. I re?
commend that tor the payment of the salaries of these
Commissioner*, and fur the liquidation of the contin?
gent expenses atlendautiipon the performance of their
work, ttie sum of fifteen thousand dollars bo appro?
priated; Provided, That their labors be fully com?
pleted, and n report thereof made to the General
Assembly within one year from the dato of their up
The costs attendant upon the administration of Jus?
tice, us between man and man. are simply enormous
under our present fee bill, und are rapidly conveying
the erroneous impression that under our boasted form
of republican government the poverty of our people
has been entirely furgottcn.
From a report on this subject made to me, at my
request, by Mr. James A. IJunbar. the elllcient assis?
tant In the ollire of tho Attorney-General, I quote tho
" Under the old system. In all ordinary actions
where the amount sued for exceeded $sj,71, the taxed
costs up to judgment and execution were $11; when
the cases were litigated these costs amounted to not
less than $16, and "seldom more than (20.
"When the amount was under $$*>."!, the taxed
cost did not ordinarily exceed S3.
"Under the Code, In ordinary actions, whfre the
amount sued for la $100, or more, the taxed costs
amount to between $i5o and $40, up to trial, und after
trial from $60 to $70, as the case may be. To say
that the costs under the Code are from three to three
and a half times as great as they were under the old
system, Is to express the raliu of Increase iu moderate
"Upon the subject of appeal, the Code requires the
appellant to give an undertaking in double tho amount
of the decree, or judgment appealed from. This
seems to be n harsh provision of tho Code, lor this
reason: while the appellant, In nearly every ease,
could readily obtain an undertaking to'indemnify the
appellee for any damage ho might sustain by reason
of such appeal,'the undertaking required by the Code
makes the sureties of the appellant responsible fur
tbe entire amount of the decree or Judgment, thus. In
many Instances, rendering it utterly imnosslblo for
the party desiring to appeal to procure the required
bond. '1 he result of this is, that many cases of ap?
peal from unjust and illegal decrees und judgments
are abandoned.
For tho protection of the rights of the poor man,
who should bo especially cared for by the State, I ro
commend that in Act be passed providing for tho
bringing before Ibc Courts of civil action in forma
panperit?thai la,that wbe*h a suitor Is really unable.by
reason of his poverty, to pay costs before-hand, or to en?
ter Into bond for the payment of the same, should be
bo '-cast'' in tbe action, lie bu allowed to begin his suit
by making affidavit before the proper officer of tho
Court, that such poverty renders him unable either to
pay costs beforehand or to give bond for tho payment
It Isa matter of vital and growing Importance that
tho General Assembly should encourage and foster the
establishment of all classes of useful manufactories
in this State. Kspecially is it essential to our material
prosperity that the manufacture of cottou goods
among us should be speedily and largely Increased.
The more varied the Industries of a people are, tho
more general Is their prosperity. IJy n diversity of
occupations all kinds of labor supply are utilized,
and thus employment is given to tkonsamla of men,
women and children who would otherwise be unem?
ployed ie-nny benetlclal pursuits.
Authoritative statistics warrant the opinion that
not leas than nine millions of persons lu the United
States, or nearly one-fourth of the entire population,
derlvo their support, directly or indirectly, frum
manufacturing employment.
The proportion of that das* in this State Is exceed?
ingly small, as la also the number w ho own or rent
lands, while Die number of agricultural laborers Is
enormously great.
According to the United States census of 1370, tho
whole number of persons engaged iu agriculture in
South-Carolina Is as follow*:
'Agricultural laborers.1ti$,A33
Formers and planters .42,.Mti
Farm and plantation managers. 179
Dairymen and dairy women. 16
Gunfencrs, nurserymen and vine growers. 10S
Stock raisers. 'i
Stock herders. IS
Turpentine farmers. ft
Turpentine laborers. 249
The whole number of our people employed as
operatives in cottou ami woolen manufactures Is
only 1,01*4, or 1> ss than 1 iu 700 of (Mir population.
Tt et we produce the raw material lu aduudsnce?
shipping abroad annually about twciity-tlvo millions
of dollars In col inn, which we buy'back, with an
enormous tariff added in the form of the manufac?
tured article.
This lallure to manufacture any considerable por?
tion of onr cotton product is not due to any want of
material resources for manufacturing purposes. We
have an immense surplus of the requisite labor-sup?
ply, well adapteil to this occupation, which can bo
cheaply obtained, while we have n vast wuter power,
which Is tho most economical of all motive forces ap?
plicable to the machinery for manufacturing.
It requires no labored argument to prove that tho
nearer the location of the manufactory is to the Hehls
that produce the raw material, tho cheaper (other
things being equal) can the manufactured article bo
supplied to those who uro engaged in the production
or 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 cost
of transportation. Insurance, kv.
Yet out- magiiillrcnt waters arc running to waste,
within view of thousands of prolific Heids, white with
the tleece ot the cottou plant. Uur vagrant streams
that now?like Tennyson's "brook"?"go Idly on for
over," should have the sound of their failing waters
drowned In the music ol a million busy spindles.
These streams are never locked np In the ley grasp
of winter, but they Mow on perpetually, warmed and
brightened by the sunshine of a mild anil genial
This splendid material resourco has hitherto been
doomed to disastrous neglect by tho unwise policy fos
terod In this State. Our people have too long concurred
with Thomas Jeiferson In his not sagacious hope, utter?
ed In 1-509, that "there should never be In the United
Stales, and, least of all, in Virginia, nny manufacturing
establishments, but tlint they should bo co-.lined to
the hirelings of Buropo."
Tho world, 'ho we vor, wns wiser than that great
statesman, ihe pulses of nil advancing civilization
are throbbing in every stroke of (he multiplied ma
[o .MCLUoao? n Founrii r-AOE.]
COLUMBIA, 8/ 0.]
id to !WE Wi W?aJ
^Yesterday, the poriodJcal Bpiwm of an
election was enjoyed by the General As?
sembly. The appointment of Jndge Orr
to the position of Minister to Russia left,
the jadgeship of the Eighth Oironit va?
riant. Too people of tu at section indi?
cated a desire for Gen., ?amuelMoGowan
to fill the place. Thns designated, and,
requested by the members of the bar in
that circuit, and urged by friends in
other parts of the State, Gen. MoGowan,
whilo declining to bo u candidate in the
technical senBe, and disclaiming all soli
oi tat ion, consented to servo in the office,
if his friends ohose to elect him. Tbis
honorable position he maintained
throughout. Added to his conspicuous
fitness, in the eminence of his talents,
his erudition in 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 Legislature served to
conciliate respeot and attraot suffrages,
irrespective of party affiliations. Bot
party men were keen enongh to see this
support going forth from Republicans to
one outside of their organization, and
they hastened to pnt a stop to iL Their
journals and spokesmen raised the hue
and cry. The rank aud file were lec?
tured upon the virtue of Btioking to
their party, of standing by their colors,
and of strictly drawing the party line?.
They were asked, "Are not Abana and
Pbarpar, rivers of Damascus, better
than all the waters of Israel? May we
not waBh in them and be clean?" It |
never ia difficult to arouse the party
spirit, and men even of independent
mind and character shrink from the
parly lash. It was so in this case. Par?
tisans with their thralls hastened to
their tents and wigwams, their club
rooms and other resorts, and comforted
thomBelves with practicing the party
manual and repeating the party ories.
The ooosequence was, they were pre?
pared to look with favor only upon one j
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,
Fur want of well p?~aounoing ahibo'Mh."
Tin Seme of Elfrttlnn-Honnlng Debate
on CundUIutn.
The joint Assembly convened at 1 P
M. for the election of Judge. W. H
Jones, of Georgetown, was the first to
address the joint Assembly. He said
that as Republicans, and as a raoe, tbey
were making history. They should see
to it that it be worthy. He stoutly
urged upon them to do no violence to
their Republican faith. They should re
member and' heed the example of two
judges being eleoted to the Supreme
Court of the United States expressly to
uphold the reconstruction policy in the
Southern States. We should show, he
said, to the eyes of the civilized world,
by electing a colored man to preside
over the Eighth Circuit, that we have
the talont and learning necessary to the
highest stations. He nominated, after
eulogistic remarks, W. J. Whipper as his
candidate. Humbert, of Darlington,
nominated Thompson H. Gooke, of
Orangebnrg, as a gentleman, a Republi?
can, and a man of ability. Jervey, of
Charleston, seoonded the nomination of
Mr. Oooke. He deprecated the effeot of
sending up to a district composed more
largely of white than of colored men a
colored judge. Strife would at once be
fomented. He desired to make this
eleotion a test of principle rather than of
color. He did not favor the eleotion of
Whippor, therefore, and he was equally
opposed to the ohoico of the oirouit,
(Gen. McGowan.) It was not advisable
to cleot a man standing in direct opposi?
tion to the party in power. Elect a dis?
creet judge within the party lines, who
would quiet the ohronio troubles in the
upper part of the State. Sporry, of
Georgetown, seconded the nomination of
Whipper, and justified the ohoioe of a
man of color, by referenoe to the aocept
ablenosB of Judge 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
the poor.
Boston, of Newberry, proposed the
name of Goodlett, of Piokena. Hamil?
ton seoonded the nomination of Whip?
per. After what had been said there
was a propriety and a necessity to elect
him, in order to vindicate the raoe as
oapable of high things. Thomas, of
Colleton, seconded the nomination of
Goodlett. Jamison, of Orangebnrg,
hoped tho vote would be cast solidly Re?
publican and for Oooke. Whipper had
no special claims or right to their sup?
port as colored men. Robinson, of Beau?
fort, made a telling speeob, which, but
tion of: iny\ sort.'' General MoGowan
woe tho mfcn whom7 the people and law?
yers of his section, including Republi
Carre 1 hem selves, jpref erred. 8 He stood
bead and sh o uldere above ail competitors,
towering liko a rbbnriuJn over the sfcnd
hills boiow. He supported him and
recommenced him to the support of the
General Aasumbly, upon the . grounds:
1. That he was a native and a patriot.
2. That he Was the ablest jurist of - all
independent in Bpirit, and above pro-'
fessing . what he did not feel. 4. That
should he err on the1 ben ob, there' was a
fapublibab Supreme Court able' to hold
hiuTin check. It could not harm the
party to take op merit. If they wished
to perpetuate the Republican party and
principles, and to make great and lasting
impressions upon, the publio mind, let
them learn to be magnanimous, to re*
gard higher things 'than: mere party ties
and associations. Mi nor t, of Riohland,
want for Whipper with all his might.
Mr. Coehran, of Anderson, closed
the nominations by that of - e Mr.
J. Scott' Murray, in _a long e?logy.
He recounted the history of his candi?
date, and represented him as faithful
among the faithless, and firm when
others quailed. When he (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 even
than blood relations, in kindness to his
family while he was thus a fugitive. It
would not do to support Democrats.
He would prefer to elect Gen. MoGowan
bet?re any of his political party in the
State, but be did not belong to the
household of faith, and that waa fatal to
his claims. Democrats ostracised Repub?
licans, and Republicans should on all
occasions return the compliment.
Nash, of Riohland, supported the
claims of Mr. Murray, as an honest man,
a good lawyer, and in other respeota
competent and acceptable He would
support him .first, and next Mr. Gooke,
and then, if neither should be elected,
some other Republican. He had known
General MoGowan favorably for the last
thirty years, but he would vote oa^prin
oiple. Gompetenoy aod 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. Changes
immediately ensued, amid great oonfu
sion, noise and turbulence, which, how?
ever, were suppressed pretty effectually
by the presiding officer. The result waa
a majority of votes for Mr. Gooke. The
votes stood thus, when the .ballot was
declared: Gooke, 85; McGowan, 43;
Murray, 2; Whipper 2,
Shocking Rajlwad Aocn>*Hx.?? A.
shocking accident to two-laboring men,
in the employ of . the Central Railroad,
is reported to have occurred on Satur?
day afternoon, at the railroad wharf in
Savannah. They were at work near the
traok, 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 the knee, and the other Lad his
left leg horribly oruehed. iua\!
[Augusta Clironide.
Wagner, the old blind colored sawyer
who used to solicit business with a whis?
tle, died in Charleston Monday. 'There
is b care el y a person in that city who did
not know him and help him.
Easter Brown, the colored ohild
bnrhed at a plantation near Bee's Ferry,
died in the city hospital, Charleston, on
Monday morning.
Engineer 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.
Riley Manning, a oonviot, was shot
and instantly killed, while attempting to
escape, at Raleigh, N. G. 1 ?
AND other visitors to the oity should re?
member that ovtiry variety of 0IOAE8
and TOBACCO oan be found at the sign of
the "INDIAN QIRL." All who
Cotton, after an improved principle, will cer?
tainly admiro improvement in rejard to To?
bacco also, which oan bo- noticed at tho new
establishment, where every inducement is
offered to*farmera and dealers. Those who
Oan be gratified by a peep in the show win?
dow._. _ Jan-16
LD. OHILDB having sold out his interest
. in Saluda Factory, the firm of CHILDS,
JOHNSTON * PALMER is theroby dissolved.
The undersigned, proprietors of said factory.
Will continue the business of COTTON MA?
NUFACTURING, under the firm name of
JOHNSTON * PALMER, and will settle the
affairs of the late Arm.
Columbia, January 1,1873.
Jan 14 3

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