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s PW?*-BMI-ii-niiiiii-,n LLunim IHM ,i IM Ullin, Hil mw i iirw?in 3* . H ll I i il tili i ??. La Si f y ?. >*fc .?? -n I 4 .M^.^^WH.U.^^.U.-HMM-.M.^^".^^^ BY DURISOE, REESE & CO. JUHU'li.I.'!,.l,<>l,KU.K,,!,,!,,,!,,,^?,!.,.i,,,!,,,!..'i,'l,P'i,M,l',,H,l'|,M,i>|,il||'l,n.".|,pi|,J|,|i|,ll,,,l."ll,l.lLH"ll'?".Ill'l.lll.ilM'l.'l..HI,"I|'MMH"I"II'I?'l.'.,ll,|l|,ll|/'l,ICu'|l>'ll'(."ll"|l'll'l.l''? ".l'O'M'UV'll'lj'IU^ ,Pl,|'l,l^'l|Hl,".Vl i> 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