GOVERNOR'S MESSAGE. ?> ?* - an BXBCUTIYE DEPARTMENT, 8. 0., ca, Columbia, September 4,180$. QtAtlfUfl ofth* Sata'? andSvu** of Rtprtitn- .j ita tlm oonvened the General Assembly ca to extraordinary session, for the purpose do pf recommending sueh modifications of ex- mi isting laws with reference to persons of wi oolor as will entitle the tribunals of this no State to exeroiso jurisdiction over them in M alVlibes; such a re organization of these so tribunals as may be best adapted to this ol< end: such enactments as will effcot trrcat- th t -r O r eertaioty, as well aa economy, in the an punishmont of crime amongst oil c1upsos; T1 and lastly, such measures of relief as, in is my judgment, are necessary, in view of to the present oondition of the people. \V It is a striking anomaly, that more than in one half of all the inhabitants of the State oe are not amenable to trial before the State wl tribunals, and are exoinpt from all liability th to punishment under State laws. In a majority of the Districts, neither Provost all nor freedmen's Courts are in existence, re and persons of color perpetrate crime with wl impunity. Some of their gravest offences til against society are tried before Military eh Commissions, but the long delay in bring- nt ing the criminal to justice, the necessity ru oftentimes of removing him to a remote so place, where a Commission is organized for trial, the difficulty of securing the attend of anco of witnesses, and the expense dcvol- da Vsd upon the prosecutor, conspire to ron- TI der such tribunals wholly inefficient iu po punishing the guilty, or deterring others ar t-om perpetratflig crime. tn Where Provost Courts are organized, the th punishments imposed on fruudmcn for tit crime arc not in conformity to our laws, se and are much lighter thau punishments th imposed by State Courts upon white men W for the same offences. The laws of every tin well regulated State should operate equally dc Upon all the inhabitants, and if a white ev ruau is punishable bv death lor ?m>m nr wi burglary, the:e is no justice or propriety tic tp permitting a freed uiau to escape for a ca like offence with a line or light imprison- ru ment. When our laws .are bo modified that all pcrsous may bo tried before the w< name tribunal, and, upon couviction, sub- re jocted to the same puui&buient lor the sumo cu class of offences, all reasou for the inter- dc ference of Federal authority with tho ad- ,c tniuistration ol justice will have ceased, ex nnd so impediment will exist to tlieju- ju risdietiou of the State Courts over all cases, ue civil and criminal. In tho scries of Acts, passed in Decernber last, known as tho Code, there aro v~ Various discriminations against ireodmen, which should bo repealed, and civil rights 1111 and liabilities as to crimo should bo accor l>ti ded to all inhabitants alike. The last section of tho Act to establish District Courts provides that "tho Judges elected under this Aet shall not be coin- Pc missioned until the Governor shall bo eat- ce isfted that they will be permitted to ex- A erciso the jurisdiction committed to them." The Judges have not been commission- t0 ed, having satisfied myself that they would be not be permitted by the military authorities to exorcise jurisdiction over persons of col- a" or, which was the main purpose in eat-.b- '1:i lishing the Courts. The District Court f'1 may, however, bo made invaluable, by increasing its jurisdiction in civil, and res- be trietiug it in its oriminal cases to off wees pnnisbable with less than death, thorcby relieving the superior Courts of many cases which retard the despatch of more impor- bu taut business. 801 I therefore recommond that the sittings ?'1 of the Cuurt bo quarterly, or oliner, if no ',,a CfifSAarv ! ihnl oil ?-? 11-1 C... j j U..0UVIUM11U111 uuu iciouies ' now punishable by fine, impriscnment or whipping, by whomsoever committed, be tried in that Court; that all felonies pun- ei* ishable with death, including the different K? degrees of homicide, be tried by the Couit dij of General Sessions; that tho offices of a cri grand jury bo dispensed with in the Die- P11 triot Court, and defendants tr ed without ,m prosoutment or true bill; that, with the Vu consent of the parties in eivil cases, or of tho defendunt in criminal cases, the pre t'? biding Judge may hear and determine any ^ ' cause or iudictmunt without the intcrven y?' tiou of a petit jury; that the petit jury w" shall consist ol twelve, and the venire of w'] eighteen; that iu cuhc of the acquittal of the defendant, the Judge be authorized to certify, it in hia opinion the fucta justify *b< it, that the prosecutiou was frivolous or ftW groundless, and when such cert'ficate is 'm given, that the prosooutor be liable for all ?ra the oosts incurred ; that no other security *IU1 bo required to prosecute by a Magistrate alt. from a complainant than bis own rceogni- aiS sanoe; that the jurisdiction of the Court rel in civil coses be extended to 8200 ; and t'iU hat the jury be paid for their services by tvVl a fee taxed on each case they tnay try. soc By the thirtieth section of the " Act to un' establish District Courts" it is provided "that in every case, civil and criminal, in l'10 which a person of color is a party, or which om( [foots the person or property of a person of color, persons of color shall bo compc l'10 toot witnesses." The accused in such a ors criminal case, and tho parties in every 1 such civil caso, may be witnesses, and so Cfl> may every other person who is a coiupe- SPC tent witness, etc." t0 1 The first paragraph of this section, ad Pov mitting persons of color to testify in all we' casus where thcmsclveB or their race are 8UP diroctly concerned, und excluding by im- aru plioation in all cases where they arc not co,r interested, cannot be reconciled by sound cx.e polioy or jnst discrimination. They are P.ru admitted in that class of coses where their cj?11 interest, sympathy, association nod feel- cffo ?A?6 wonld be most likely to pervert their \ sciences and invite to false swearing, ii d are excluded from testifying in all ir sos vrhore no motive could exist to swear n solj, except that of a depraved heart, if le distinction is illogical and indefon c< >le, and it cannot be denied that it has d foundation in a prejudice against the e: to of the negro. If thj rules of evi- o: noe in ail Courts wero so inodifiod as to tl ike all persons and Darties coiuDotent v tn esses in their own and all other oases, ii i poaeible danger could result from it. h any of the States of tho Union, and tl veral of the oivilizod countries of the c 1 world, have tried the experiment, and e e result proves that the ouuse of truth p d justice has been thereby promoted, a ve object of every judioial investigation it to ascertuiu the truth, and when found, tl dispense justice in conformity thereto, c ith intelligent Judges and discriuiinat- ii g juries, correct conclusions will be more , n rtainly attained by bearing evory fact, p latever may bo the character or color of p o witness. o In tho second paragraph of the section c ready quoted, the General Assembly have u ached the conclusion ; for in all cases v Here persons of color are allowed to tes- a y, all porsous, including parties, arc dcired competent witnesses. Would it ii ?t be eminently wise to adopt the same v Ic in all courts, and cxtcud it to all por- i us ? a Id oivil cases, the testimony of persons f color is oltentimos requisite to cluci- c to tho facts and secure a just docision. t liey ccnstituto a niujority of the entire n ipululiou of the Stare, and ol necessity v 0 often sclc witnesses of contracts and t nisactious between white persons. Shall e parties in such eases be dt/hied jus? t :e, by excluding tho only evidence to cure it, because of an apprehension f at it may bo in a measure unreliable? \ ould it not bo more in accordance with c 1 cstnblisheTl rule, to receive the evi- s :nco and weigh its value ? In the law of c idcuco, the character and standing ol a a itness goes to affect bis credibility, and g >t his competency. Why not, in the g se of the person of color, follow this 1 le to its logical conclusions? {: In criminal cases, ilmse considerations t ;igh with peculiar loroe. The negro is v adily deceived and corrupted, unii be- ti IllftS nn o:mv nr.tn ?!u tuu mauui uuilOMS 01 0 ipnvcd white iuen; and past experience u aches that the principal, bocau.se of Ins ? elusion as a witness irotn the Courts of s aticc. The shrcwed and cunning eontini to put the negro forward in the coui I iksion of crime, and they go uti whipped I justice, because the law forbids that the ] ing debtor will go to work with alacrity and i provo himself a useful member to society. I The Congress of the United States hasau- t thority, under the Constitution, to pass uni- 1 form laws of bankruptcy; but there is no pro- ! | hibition upon the States, and as Congress has < not exercised the authority delegated to them, j tho States may, with great propriety, pass ; such laws?and they will continue of force, i until Congress ndopts a general bankrupt act { ? which Wwuld supercede all 8tate legislation I on tho subject. ! The General Bankrupt Act of 1841, passed i by the Congress of the United States, extend- i ed iiK provisions to antecedent debts, and its I constitutionality was uot controverted by the i Courts. No Constitutional obstacle, therefore, i would preclude the General Assembly from in- | < corporating the same feature in their legists- j tion. I i It is proper here to remark, that if a Slay ] Law could be passed which could be free from i all constitutional objection, it would not pro i lect debtors from suit in the Federal Courts. < A creditor residing in the State who had do < tcrinincd to enforce the payment of his debt, ( could readily transfer it to a non resident, and 1 if the sum exceeded five hundred dollars, such non-resid-nt could at once institute suit in the j United States Court, rec-vcr judgment. issue | execution ntid sell the debtor's property, not- ] withstanding the existence of a Stay Law. 1 < Such a law would not be recognized or e'nfor- j < ced in a Federal Court. ] j The complete disorganization of the labor of 1 the State in I860, resulted in the production 1 of very -diori provision crops; and to supply 1 th?* deficiency, large quantities ot bread stuffs 1 have already been imported into the Stato. at ' enormous cost. The imperfect organ zation of the system of free labor, and the unprecedented drought which has prevailed during . the mouths of July and August, throughout 1 the State, as well as unusually short wheat j crop, foreshadow a glo iny future for the people for the next year. Coming an you do from 1 every District, you havo the means of making 1 an estimate, approximating accuracy, of the ^ extent of the failure of the provision crop, 1 and what amount of supplies will he needed to save the poor, dependent and helpless from ? starvation. I invite your earnest and prompt 1 consideration of the subject. 1 Sound political economy ordinarily cou- ' dctntis the feeding of its population by the Go- 1 vcruuient, as tlie inevitable consequences arc ' to increase idleness, pauperism and crime. Uut where the provision crop of a whole couu- 1 try is destroyed by blieht. or wh?r? nroduoiion is suspended by long cominucd drought, and ' the deficiency is traceable to these causes ' rather than to the idleness of the population, 1 humanity and sound policy alike justify the Government in lending or giviug its menus to e save the people from starvation?to arrest c that increase of crime, which vrant always produces, and to stay emigration to tnoro favored localities. The present population is 1 insufficient to till 'he soil of the Slate, and to develop its re-ources; and it is a high duty J of the Government to remove, as fur as possible, the uecessity for emigration beyond its borders. TUo embarrassment of supplying food for the noe ly will bo greatly increased after the first of October; when lite Frecdtncn's Uureau will cease to issue rations for the indigent and helpless whites and freedmen, who have been heretofore furnished wi'.li subsist- 0 cuce. You may tind it necessary to increase 1 the powers, duties and responsibilities of the Commissioners of the Poor, and to organise such bodies in all D.alricts of the State. In nost of the Districts, land and buildings have p heretofore been acquired and erected for the ? whites, but tlu-y must be enlarged, so as to j provide accommodations for pauper, idiotic and belploss freedtnen. c The failure of the Hoards of Commissioners t of the Poor to provide for the helpless, is a great crime against humanity, and additional R penalties should be imposed by law against s such a neglect or refusal to perform properly ibis philanthropic duty. a The capitation tax imposed by you, at the H la-t s s-ioti of the Legislature, on freedtnen, , ha- not generally been collected. Tne CorapI roller General, lot lowing a suggestion made b_\ me and approved by the Attorney-Geueral, p instinct'd the Tax Collectors not to issue ex- j 0 ucuiion- again-i the freedtnen, for the capita- I j, ti ti tax. until the present session of the Leg- p islatuie This was to avoid nil conflict with j p llie military aut'.iorities. ari-ing out o> the fact : it :iuii our courts wore not udc?l for I lie protec- a ion of the freedmen, and no provision was 0 made for tin* support of the infirm and help est. Whenever 3*our legislation remits the custody of persons of color to the Stale laws, lieso executions may be issued. Proper dilliron c by the Sheriffs will enforce the satisfncion of most of those ex cuiions, and the fund " nny I hen be appropriated exclusively to the *' iiipporl of the elass from which it is derived. 14 ll you should, in your wisdom, determine to * nake an appropriation to buy subsistence for ~ he indigent white and colored, the several l>oards of the Commissioners of the Poor, voutd lie, perhaps, the best agents for its dis- . ribution. jj To meet any appropriation made, there is no csotirce available, and tlio funds can only be aised by issuing aud selling Slate bonds. The ^ rcdtl of the State has heretofore hceu untar- 8, nshed, and a reasonable hope is entertained hat bonds issued for such a purpose will com nand nearly par, in the money markets of the n Jnited Stales and Kurope. As the present is a called session, and you nay desire to return to your homes at the ear- 6 iesi day compatible with your public duties, I hall defer, until the regular session, bringing o your attention the general financial coudi- * ion of the State, or making any recommcnda- b ion for putting it on a sate and satisfactory asis. Under the authority of your Act, auhorizing the issue of b.lls receivable, in nay- \ sent of'the indebtedness of the State, the Trea- a urer hud engraved and printed bills to the mount of $300,000, and has paid out, to th? mhlic officers aiul other creditors of the Stale, 61 nly $160,000. Most of the Tax-Collectors ti tavo made their returns, and the legal tender Jnited States notes paid into tho Treasury, ogcthcr with the bills receivable not yet isetu d d, will onable its operations to be conducted ritbout embarrassment till it* regular esseinn ?f lb* bill* issued, there hare already bo*n resented, in payment of taxes, 972,000. N? ppropriation was made to deft-ay the expanse* f sjgmving and printing the bills, bat th* treasurer, acting upon my re n seam sad* Hon, dvaneed the ezpeneee incurred Aram proeeeds f the loan heretofore authoriaea to bo made, 'he amount paid by him was $4,486.12. 1 rolommead that an appropriation be made !* over this amount. If th* Treasurer had declined to make the tayment in adranoe of the appropriation, the tot could not hare been carried into execution, ritbout convening an extra seeiioa of the Central Assembly. At the last session of th* Geneva! Assembly, 'full power and authority" waa given to the 3oT?rnor to make "such regulation* aa in- hi* )pimon might be necessary to prevent tbe e*~ .rance and spread of Aeiatio cholera in this3tatc." In Februory fast, I opened a correspondence with Major General Sickles, with, reference to establishing a rigid quarantine at til the seaports in the State, which resulted h? the military authorities undertaking to establish and enforce proper quarantine regnlalfons. [ am happy to say to you that the duties, uuder ardors from General 8ickles, bat* been well pei luruieu, ma not. a single otH or cholera or yellow fever has occurred within the limits of the State. The work of re organisation and reconstruction is progressing slowly, but steadily. Our Senators and Representatives have not been sdiuitted to seats in the Federal Congress, and' we have received no relaxation from oneroua taxation, notwithstanding we have been denied representation. It is believed, however, that our fellow-oitizsns in the North and West will not much longer permit this flagrant injustice to be continued. The Stats Government is entirely re-organised?the law Courts licld their regular sessions in the spring, and lespntched much business, which has been ac:uinulating for years, and very generally slenrcd the criminal dockets. The Courts of Chancery have also been regularly held on all the circuits. The machinery of justice is in full operation, aud private rights and public wrongs can be cniorced and punished. However much all may dcpioie that the progress of the State has been retarded, and its prosperity paralysed by loss of fortune and :redit, and by short crops, the wise and mauly ;ourse for our people is to redouble their energy?banish unavailing regrets?meet adversity with a stout heart and brave bands, and brough the approving smiles of gracious Heaven, our venerable mother will again be prosperous, and her children contented and lappy. JAMES L. ORB. Executive Department, 8epU 5, 1806. uusiiacbuseUi nsd SonStx Carolina Arm In Arm ! ! I The Puritan and the Cavalier, the Lien and he Lamb, or the Fox and the Goose?verily t'agun. Greek, Jew and Christian, may all tlnmn In ilia /*nnn1no!?\?? ?!??.? ? ? ? ? * ..... .... vuuviimivu iuiiv auuie wunuerul event is to crown the ninetieth centurjr. We nre retniuded of a story told us by a Ustinguislicd gentleman now untutored with lis fiit Iters. Ue had just witnessed a St. John's Day Celebration, by the Ancient Free Masons, i?d was wonderfully taken with the order, lie applied to his father for leave to join the order. "Have you Any idea of the ordeals through irbich you have to pass !" No sir. "Well you know old Davy Ragan" ?(Davy by the by was a ragged, dirty old allow, who always looked as if he had the icven years itch crossed on to leprooy.) "Well ray son you know that you have to ileep with Davy Ragan before you can bo nc:epted into full fellowship.'' Here was the bucket of cold water?and he young enthusiast gavo up the masons. frit. uiy. tat. To crown the programme?it is now antounced that a graud Soldier's pow wow is to >e held at Chicago?endorsed by Dan. 8ioklea, ien'ls. McCook, Dix, Slocura. Custar?whereo, our gallant boys will be invited to eat duuuble pie" and vote th inks to their magnanimous conquerors. It is to be ho{>ed that heso worthies will bring to the Convention he silver ware, trinkets, watches, and artioles f vertu they have stolen from the Southern romen. X. [UnUmville Timet. Goon Advicc to Masoss.?1. To live moro lunctilioitsly faithful to Masonic principles ,nd teachings, practising strictly all the moral lulies, and being more devoted to charily; U To check the introduction into the Order >f the immoral, the curious, the ignorant, and he ee1tijIi ; 11 To cease festivals, and processions, and hows, whereby there are attracted to us the uperticial anil the unsteady ; 4 To encourage Masonic literature, whereby 11 our brethren may be enlightened and trenirthened. the ilnv Imvinu n?uo?H ?i? - ? , ? D I ?- ??turitnotf cuii any more assist Masonry than cvoiiou ; 6. To lay aside our showy regalia and emloy only tlio simple while apron, ihe "badge f a Mason;" to reduce our titles ami degrees 9 the simpler and older formula; to forbid resents to officers, whereby corruption and avoriiism are engendered; to prohibit nil elecioneering for office; and especially to become secret society, doing good to all, and without stent at ion.?Xatmnol Frcematon. The celebrated "Blind Tom," from Columus, has arrived in London and given a conert at Hanover 8quare. The Era pronOunees is feat of playing three different tunes at the iitne time?playing Yankee Doodle vith the sit hand. Fisher's Hornpipe with the right, liilc singing Early in tho Morning?."a task eyond civilisation, sane people generally, and le entire white family." The hop crop of Otsego oounty, New York, i estimated at 3,000,000 pounds, worth $960, 00. In Cincinnati, during the first ten days of ugust, eight hundred and ninety-nine parous died of cholera. The collection of the diroot tax has been amended in Texas till January next. It is believed at Fortress Munro that Jefferon Davis will 60on be released. Tho A'UrLe Cablo sends from nix to nine rord- per minute, for which the charge ie? ay, sixty dollars. Mrs. Jefferson Davis returned ta Fortress 1 on roe on the 23d, after a week's absence on visit to her children in Montreal* Boston Corbelt on Thursday received $1,33.84?the portion assigned him for the capare of Booth. Chicago is paUing ?p the largest railroad epot in the world.