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MESSAGE NO. 1.
EXIFCUTIVE l)EPARTMFNT.
COLUMBIA, SOU'T CAROLtA,
November 27, 1866.
Gentlu men of the 'Snmte and Ilouse of
-?Rprescnteti'cs:
Your annual assembling at the scat
of government has heretofore been the
occasion of coigratulation by the Ex
ecutive, upon the cintinued happiness,
prosperity and improvement - of the
commonwealth. I regret that no
such greeting can be extended to you
on the present occasion. We no
longer hear the clgsh of armies, and
our people have escaped the scourge
of-that terrible disease, which revels
in the shocking carnival ">f death.
Whilst the getteral health has not been
good, the virulence and malignity of
disease have been mitigated, and a
coinparatively small fatality has visit
ed tho sick room. For these bless
ings, our thanks are due the great
Ruler of the Universe. In the depths
of humiliation and contrition, let us
invoke Hit to avert the evils that are
upon us-to stay the hand of drur pqr
secutors, to turn away the wrath, and
b -ing to nought the ct u-isels of tho.a
who would oppress and destroV us,
and to restore to us the happiness and
prosperity of forner years.
The toil of the husbandnman has
brougl.t him a scauty return from his
fields-the grain crop is alarmingly
small-the cotton. crop in many por
tions of the State will not suflico to
furnish the means of supplying provis
,ions-our population, white and col
ored, are abandoning their' old hoies
and country, and are emigrating to,
strange places, where they can find
bread. With the loss of labor, our
farms must dilapidate, our fields re
main untilled, our granaries continue
empty, and our,progress in develoy
ing the resources of the State must be
arrested. The failure of the earth to,
make a generous return to the toil of
tile hiusband man, eause9 the goods of
the narchant to rest unsold on his
shelves--and keeps the tool of the m)o
chanic idle--the learning of the pro
fessional man -useluss. The political
condition uf the country-the intoler
ance of our c"-ognerors-the proscrip
tion.to which w, are subjected, by
those who shoud 1,e our loving broth
ers, and who wield the (istiies ofthise
great nation-thlese evils inItimidato
capital, paralyze enterprise, disorgan
ize labor, and destroy hope and confi
dence. The enornnus tax on cotton
disc.>urages production, and aggra
vates the fiaanial embaarrassatont of
the people.
Never, therefore, in the history o
the State, has ai'Iegisatur.e assembled
under less favorable auspices, to pro.
vide for the wants of an impoverished I
and disheartened constituency.
But these extraordinary embarrass
monts must be met with wisdom, pa
tience and courage, with energy and t
i opo, and a manly resolve to subdue t
nd overcome thoni. We mustkeop
tur population here-we must provide
for their present necessities-we must
stimulate our white population to go $
earnestly to work, and let them see
that labor is honorable and idleness t
reprehensible. Entering . now year
with this fixed determination, our
fields will be better enltivated, and
the next harvest time will find our
garners well filled with the products
of the .soil. The staple rops will be
more abulndant, and tile financIal cm-1
barrassmnents of the people will, by
conscenee, be greatly relioed.
Let us cherish h)ope and( praction suech
industry as shall merit tile fulfillment
of thlese anticipatoions,
I' therefore proceed to touko-such
recommendations as will, in my judg
monet, promote the intorest of our cotm
11non constituency..
TVh third Article of L.ho Constitut.ion
of tliis Stt.oin the third paragraphm of4
the tat Sctiion, dircts iing "tho. Gen
eral Aqsetibly~ shall, ps s'oon- as possile,
esablish, for itach District of'the Sat.e.
a'lufri r On r or Court, t,o be styed
4he Didtriut V.urL-1Ih Judgeu whereof
shall be resident-in the District, while in
oflice, shall be elected by the Govoral
Assembly for four yeatrs, and shall be
re eligible-which court shall have juris
diction in all cannes wherein one or both
of the parties are persons of color, and
of all criminal cases, wherein the aceused
is- a person of color ; and the General
Assembly is empowered to extend the
jurisdiction of the said, Court to other
subjects." It is unfortunate that this
clause was in;erted in' the Constitution.
The first paragraph of the Section do
clares, that "the judicial power shall he
vested in such superior and incrior
Courts of Law and1 Eq-tity as the Gen.
eral As.setn!v. shall. from time to time.
Elirect and establish," anid this is snfi
eientlv comprehensive to authorize the
establishment of any Ltferior . Court
which the wisdom of the General As
semb ly mty determiite, whether it he
a Police, District, Co-inty or M igis
trate's Court. I [,re, the largest discre
Lion is given to you ; and such tribun, ls
may be established as experienca or nl'!
cessity mf dictate; but. the clanse al
ready qtt'tad requires the General As.
semtly to "establish District Courts "
and these Courts must be continued
until the Constitutiot is amended in the
preseribed manner, or the int.rument
its,-If will be violated. In order that.
Lhe largest di :cretion may be ilowed
LIe General Assemn.y, in devising the
best judiciary system to meet our wants
in the recently changed relations of so
ciety, I.recommenl that the present
General A ssemly provido for an amend
ment of the Constitution. Gy s' riking out
the third parngraph in the Article af,re
said. The next General Assembly can
onsunnat.e the amendment, and then
TtfiL fEgtlhn'Mitb w, -'loe+f withUrtt.
stricted discretion, to establish suel
tperior and inferior Coirts as, to then.,
shall seeo meet. Whilst this amend
ment is being cottsummtated, tho District
Conrts may he put fully into oporation,
d one year's experience will, probably
lecide whl.ether they are adapted to the
wants and meet the necessities of the
nnhlic. If they shoul.l be fonutd im
racticable, ineflcient, or too expensive
.hey may be abrogated, and some b,-t.
,er system toay be instituted. We are
,hrown upon novel times, and all our
egislation to meet our new situation is
)urely experimental. It woull not be
vise to discard and repeal theligislation
>f each proceeding session, because "jt
ailed to work smoothly or give entire
iaisf.tction. When deficiencies are dis
'svered, remedy them, by amendment
>r modification. No human wisdom is
:qual to thr task of giving a perfect
vten of Courts and Laws, when an
itreient system must bt rtvoltitiomized,
o correspond with radical changes in
ecial, do.n-sIic and industrial and polit.i
:al relations. After one yt'ar's fair ex.
t iment, it may be found that the Dis
rict Court is the detideratnm. The Act
> t he last seRdion, "to amend the A ct
istablishing District Courts," requires
:ssential and material amendmens,
o reduce its expenses t n i secure its effi
siettt operation. The houndary of its
urisliction shotild be more distinctly
lefined 'ie services of a Grand Jury,
is part of its machinery, should be dis.
ensel with; the autho'rity conferred on
he District Judge, to oxanino and dis
nis:t frivolous cases, renders the exist.
mce of such of such a body n'tnecessary,
['here is a well defined distinction- be.
ween mi.sdemeanors and crime. It, is
mnly when the prisoner is charged with
irime, that he is entitled to be tred on
iresentspent found by a Grand Jury.
Petty larceny, anid other petty felotnies,
nay be declared, by statuite, to be mis
lemeanors; and defendants, itnall mnis
lemneitnors, may be tried withuout mre
retmenutt or true bill found by a Gr'd
fryr. Th'e venire for the P~etit Jury
hottld be reduced to -eigliteen. In the
District Contrt, it would be seldlom tlMt
wo pannels woituld be regnired ; and~ the
or,on such ocoasions, could he em
>logi witit ot her business not reqitirirrg
he- nIi of a joi'y. The jnry duty exact.
md will be v-try onerous en the people,:
md, as the law standsj,. it cannot be pe;w
brtmed at an exptese- l'ess 61:an eighty
hom,andtdhllara p.'r annmn -The muds.I
icatiotn aniggetled wotuld 'edtie the I
rapenses in oir LIird of iba. un t [
both Superior and Inferior Courts. HThe
expense to the Treasury, of juries tight
be dispensed with entirely, by taxltrg a
jury fee in every case tried. All tryver
ses and inparlances should be abrogated
in th'i District Courts; and all Wplict
mnents, recognizances, and other h, pers
in the.Superior Court, -not dispoles of.
and in which jurisdiction is given tho
District Court., should be transfertvd t(
the District, and made valid, as if%rigi
nally ret.urned to that Court. The. Dis
trict. Boards should be required to make
their aunrut; returns to the .iUstrict
Judge ; and it should be maelo'the dtt v
of the latter to examitid the sane, ani
to enforce the aw again-it theu4 for
mi'feasance. malfenatnce, or niegleko: of
duty. V hten t he dt trict Judge is8inte r
ested in any caset, civil or crimninsl, of
wfvich his court has cogznizaneo, it 9iorrld
be transferred to the Siulerior Couht for
trial. The court eho aid b- it y tst.e wit h
exclusive jutrisdictarn, in casets ov r one
hiandred dollars, oily where tihe cd tract,
express or implied, b,-tween the eniplov
er and employee, is for ngricul.uti.l la
pr. The !a-v now provid.s that a ri se
entor, who insiiurtes a lrivl Is or
groundless prosecution, may be ad idgedl
to pay the.costs of. such prt's uti t
This is an, ample sitfeguuard ainst.
gro.mdletss prosecutions; and t.h laws
shold be so amanrntled,.th at thu . party
makiing cornplaint before a Matstrat.e
should be granted a warrant, upgn his
r1co,niz:ace, to prosecute, withttt. re
qturing selenrijy. To rsqutiro clinrity
to prosecte, i9 to deny justict the
poor, the igrnorint, ttie depgltr>kd and.
the friendless. These are Ahoi -lasses
that it is the p4nliatr province the
law to p-o.e't; tlhoe whohave. -alI h
,tit d f." ai re dily... . ro
Doubts have arisen whether the Sipe
rior Courts of Law can take obgnizanca
of any offence commit toil by a person of
polor; under the elan-e in the third Ar
tl!o of the Constit.ttion, which declares
that. the District Cort. shall have jiris
diction of all cases itr which l amrson of
color is iteresteil, or to wlich he is a
party.. The Civil Rights Act, passed by
the Congress of itt United States. wvhihh
imust be respected and obeyell tntt.it pro.
nouncol unonstitutionm l>y the Su
prumo Court of the United States, gives
t.he persoti of color the sante ri hits in all
the Courts, State as well as lIt ueral, as
are etjoyed by the white race ; and so
long as white persons are triable ondy
in the Superior Courts for felov, i
same priviletg - must he accorded to per
sons of color, notwit hstanding the slp
posed prohibition im the State Constir.rt
tion, as the Constitution- of' he United
States, and the laws ptissed in conformity
thereto, is the sutpremne law of the Iaid.
If the Civil Rights Act should hereafter
be declared unconstitutional by the Su
preme Cottrt, or should it be reoaled by
Congress, the qucstion under the State
Constitution might then b~ full ofeo.bar
rassntent.
CRiINAL LA..
Thoestablishnient ofa Penite'tlary requires
miterial changes in tleepunishments impo'ed
in the Criain-tl frtw, Murder, arson an I
rnp, snould be piniedeto by deatt The
numerous catalogue of felonies punishable.
by death, some with and others without aho
benefit of clergy, should he abridged. and
o utineniut at hard labor in the Penitentia
ry be suhstituitol, in most cases. The Lx.
treme penalty attaching to many of these
felonies is revolting-to htutp'mity. and jurios
not frequenmly fail to finl cal otF.-nders
guilty, because the pnnishmentis mde. by
its enormity, disproportionate to the of.
fence. It shiouled lie left discretionary wlih
the Judges in the labor In thie Penitointiacry,
or try whipping, ip all cases of larceny.
Punishment by the lash Is so de'gramding,
thet itshiould 40e lmnposedt upon the miost ins
corrigible otYeniders alone. A convict, who
serves out his term of inrsonment in thie
Penitent inry, even for an lnfanious offenee,
may reform; hit onie wiheo has been whkipped
at the public whipping post, must be over..
whelmed with such a sene ot shiime and
degradation. that Ire cannot comimand mor
al courage sufficient to enable him ovenm t o
make an effort at reformation. -
I feel it, inenumbon4 on tao to call y'out
attention, espoolally, to the gross neglecr. of
duty, on the part; of spine of thmo $horIth
and Jallors in thi1s State, In allowig pris
oners to escape from th~eir custody. Unof
dehl Information has been rceitved at thIs
offles, Sbat neArly seveoly prisonters havo'
esaped frqmi .6he jails of 'Ui 'e'e since
their custody ,was i\trened ever try military
to'the ct authorties. ~iur of these
criminals were une.r sentence of detA 1, and
ility were charged with thi highest crines
against society. Iv(ry elfort to enforce
lie l' rimina l l,aw, andt suppreGs crirne,
must be unavailing. unless t he custodians of
prioners who I have ben arrested and confiit
ed in jail act with more vigilance and tidei.
h'. The existing law pronounces the tost
rigor'os punti0acnt atgainst. Shcriflf.t Itl
Jailors for voluntary or" negligent esc,ptes,
andi it. is tound wholly inailequate to arredt
lou growing evil. It is diflicult to satisfy a
G:'.ad .lry that their fr"ieid, whom they
have ai ld to elect SherilI; or his agent, tho
Jlailor', wonbd permit a prisoner to escap,e
their good Wtilt t hv;tle tdelinquent leading
thet to be readily satisfied that the eseapc
tesulted from Ihe insecurity otlthe jnil, it. is
even more diffcult to seen, ethe presentment
o the o'iiiinssioners of Public U 1 til liugs For
their neglect of dilly, in failing to mna:e the
j:i seture, and hence thd publie su:N-r
withoitt e a medy. When a bill of indirt.
tneut. is fo il, it is traverse,1, ::n. wlei Ite
d0fenanu t is finally. brought to iakl, p .si
tiie pro >f e:tuiu t be otl'ere-l Ihit tIte esc:pe
Was v.)huntat-y or t!;gligentt, and t he def'n
dant is ,clititIel. The (;eneral A sembly,
si o : 18a, hnis been almost anually pass
in:{ laws, to enforce the pIerfort:ancwe by
Sheritfs of their dtty in civi andt crimtinal
ntittter +, nnl the end is as tar i s t m le .
islation tin this subtject counentitced. There
is but one m eans of eliteling a ioro to is
C ironic dise Ise - it. is to provide by 1.1 %w for
th' stinntry removal of a Sherii' tt i:hor
through the jiiltciial r executive ltrii t
ment of the tGovernmttent. for will ::l
persistent noglect of dtty, or fr mnife" -
s.ibce or m,ulheasantee in wxott: ing his of.
i !e- TVhie Ias nowi proide fo' thiie r:v
al of a ShA ri from o'lice. on c nvititon
befor"e a .)ury: but it i.s b,!i vedi Ihat they
hav t not been en+'orced in a single case,
sice I :. Is it not .n oturius that. smin e
of Ihese oticers shouult h.ave been remt
ed ?
.1utlge Wa'i'lhta' has d'votd mu ch iume in ! F
preparing a Biid wai::h will bie submtitl)". to
yoa, detining Ihe luties al ijniiadiction of
Uiatrict Courts. and emnbracing thr subt,eets
of the d >mestiu rulat itins, atd a coditi+rtt iun
of the crimiinal hw. lis long eperien+piUty,
an ikJ 'de ih,g ' wi'il ~b ,i i
will secure a respect u cUotibi .UTf6Fint'6inw' .
labors.
COOtSSt(l4ns TO TAtCIt Act'\Owl.1-:citN'r:NT f
or ti) i:ns, ,t" -- o .tut .s r ii:t.Iu.
The Acts of Ile Gcenrat \ ssembtly confer t
npot the Go'erno'r-attority to appoiit. 1
C imm:issionet's to tak: nekt:owle'lgment. of
rleeds," in' the ' several Staties and Territo
ries, -'to lie nsed and recorde" in' thui
Qtate ;" the Continissioners to continue in
>Alice d'ing his pleastt'. ''hie duties of t
hto e aflicars,' "in I tkini the actkunolelig-.
nent. or proof of any deed. mort age, or o: t
er conveyanco of any land1(s, I"etneent. i
ieredittttents, in this State, or ut any (,n ,
'ac:, lettr Lt ofattorney, or all, other wrir.
tng under seal," are very imlirtant to the
ilerest,'s of the public, and some ruleshtthl
lir ado ted to furttish t le mants of v rt it'ying s
tich cerlitiottes with rtstunaible c;rtati i, .
1'his tmiy be attined by re.luirin; evt ry a
perdon ap1pinted or to be appointel a (,om- I
nissioner, to ftow:artd, within ninly days. a
o the -cretary ot' State, a-i imporession if
tis ollicial seal, onf wax an on p.tper, to. N
ether with his :.tograph ; ntirP upon h ! t
railure to do so, the :tppnteiCnt. of ch de.
'aulter should he an,tnllel.
Notaries Public are, likewise, appointed q
itnd commiisione by thme (overnor, and are s
invcste,l with grave of'cial dutie+. The N
ecretary of the Siate alone, can certify the 'I
>Iliciatl character of a Notary Public, and c
le cani tmak n- stc certill cate with safety,
iloss ,e ch:nces to know lie hand-wit- T
ng. Every Nota.y Public. now ohling
mnch coimtiss.Otn. or who m:ty he'eat'ter be
tppoitntel, shonl likewise he reltiireil to
'uiwarl to the Secretary of State, and im: hi
pression of his tlic'ial seal, on wax nnd pa- n
ter, with his autograph. within sixty days, t
>r his al p >iniment shoul hue revohel' t
Cuo(tt ssl\.tt. C:t.::.Tu':'s
tl
The hI:st-Congre.si mual el,'ct ion in this
itate was behl pursua,nti to it reshti in of
lie leneratl Assembly, and tltre is unw Ito
irovision of law for hohling futur ee
ions. Although our lepresent at iveO last.
lect:h, hr.'e nit becen permI t il by I he Cot.
press of tite Unit.ed States to occipy t lwir
te.1t5, it is t he dtty of the General atA ssemti
v to pr'ovile, by general satt o, for h lie
tolduig (if general elect ionus for each site
zeedling Congretis. T1he' coitvenkience oftthe
ticjple would indtiicate thatnt these e'lo:stionis
'hotiuld be ot'dered bienntially, on tihe dav
hatt. mnembers of' thte Glenerail Assiemtbly are
:hoson, to wit.: thetu thirid Wedntestday ini 00-i
obt'i, ottacht oddi year. Representatives
a Congress wotld lien take their seats the v
allowing D)eemrber, comitng fritshl fromu then
>eople, and represti popuilar' sent imentit ontt
heo pulblie qutestitns at' te day, with more'
ortainty tItan If' ceeted as hteretoforec, theT
)ctober year precodinig tihe meeting of (Con- g
ress.~t If att extra sesstion of' 'Congt'oss uj
bhoiild Iho called befhore .the daty ixedl fori T
Ito olection, the Governor miaht hie an;hor
zedl to order, 'hyi prltatmat in, thtoeleo
lotns at. an earlIier' day; andi thus zeciite Ihie
'op'osenitation of Itho Stato at such extra
eOsslott,
'UfltsDIC1To! ADM1ITrV.D D H i itTAtRY
'ToTHE C ttVtIl A liTtolt Tt, ti -
The cts ntssed-at ihn l-fen extra unmainn
;:,!re tr:t anmittedi to the -Military Cotand.
nrt ot' the 1)ep:ri-tunt of the Ctrolint, at.
I;hr:'leston, aint un the first day of October
list, ny Getneral o)rtlers, lie remittel all
1.a,ee in which the inharbitants of this Stalto
wet e concee' edtl, civil tid uimin-il, to the
oivil auth:lot: irs. I: e'tlil nn'l exact ,jus
iice is metol vut to till the inlhabitnt., of
he Sit'e by c(uit.. ani jturies-if the freed
Inent rei'C~ve 1 htt prteti'utnit ot' peson iad
property which th!e laws now guart"anteo
ie ii, we will not again be tdtiuldged by
Provost (',tri s tind a lil'ytary ',)itnmissions,
tul we will vindicate befuoe the world our
igh nsi" of amoral right: by enforci'ng in
itrt.ial jusa ie. wbet her the suitor he bui
rle or cx [tetl.
-xperienc'. Vil' 'liin tti rate tle Wis.
t to tesit;i in all ci- .. It lakes away the
uni'vutity which latl iten have lotig en
oyed,l in teiting Ihest' ign,:ranat people t,
d' ae te el i tie it"r tIe benellt of the tcip
"':.titi '. i
The result of 1h- e%l I,nent at the ):.te
r ali T erln of the( t'onrts ihis ioen iit ntirely
tii tory, antd nost of the freedmen who
ave been eailt ito the witness stiaid, have
nt:it'ev a hiighyi i c redita lte desire to tell
tie tritl. 'Tho xtensiun of the privilege
ias h-il a sahtniry intinence itn encouragig
:o 'intitg thtil' moral tiense. ltttv of
hem appreciate Iheir obligations to soiciet y
utd r,r.d[ily a5.ist in briinging to punishinent,
il - tltrs oft e Ihci:" own color. They are inl
ah:tlnl! luilho pr,:.lnrtite resources of the1
:,.u t it i l if )-rt' labot' he It)s1 by o al
other seei,us, it will convert Ithosanda
f a:ires of III41-! i-.iite tul 'l into a dreary
vil'erne.,M I-'rr tbis rea:sun, I have felt it to
e my iditty to lisctoturage tie migration.
'h: short. cropl. of t he present yeair shoul
niimuu'e tt hil,!ute. and t'ituer to renewed
nler:y and enterprise. lie bill, l howvettr,
ii his tnds uit ltle valne, it' hye cn .t
~m1)1 i hor to cultivteu them. I the
et'rO int ihi her. his nlh~t r m111ult hie tr.nde
tx,litcity riiourl rativea tta, a lay i s 'n
ItJittt iloh' '^I ttt:t ':tli',' ivhll :"I t isl ill,
ll[ h - httlii' im,): tt b'y. -iil olt l tl t
tahlihed to eduicate 1.hil tit,en, and
h:lches built for hlis morlal training..
yIte exIeot,.t of free ltabor, whist it
its noi% heen entirely satlisfactory, is far
gd, rthe ti't finr"t; hero the blackts
avo - ihi n l eq iieTvy"Oa'iotii dc t nni'
iudly treatt, whey have -gnerallv labored
tithifully. tuditenly reliet ed fro tnhe co
rolling will of olhera, fit-] exempted from
ht cinaltlstry nr whi ebt' hih had, through
fe, been ex:tedc, froml theml, they have
"red',) ue,l. dtring the pre-sent year, an
mtnt of t3ary lab,')r whicb may well
xcie sucprise. The in olence of some,
ndl the itprovidnenc of many will doutbt
11t catse tIhen to innlergo tinuch ostll'ering
.liOre they ate euad teaetlully to the neces.
y ot constant io,l nniiing labor, ttnd to
ropler thriflttl nd ecnomy.
Iltun nit'y tt l sound p iier unite i:l li.
anling oi1t. we shonb, p~rovide 7,r the
god, the in irm and. fihe helplt'sS, nndl I
Iieref'ore respect I'lli.y reco) nuend the pas
i' of an .\e n':king it inculbent o Ohe
oi Ilis oh' o the Poor o provide suit.
'ilc huil,ln.,s at the various il: tr el l'oor
[ouses for iheit acomm odtion and to sub
st t iioem.
The llegetnts of the nti nat.ic Al%umilt liole
isely n alt utanoely mnatlt prtision for
e reception and ireatment of inane color
I patients, aend the l'umuaiysiotnesl of the
uur ins ite severial flistric,ts shouhd be re
uItli o al e i'e the s:"uc provision for lhe:r .
lpport inl the .1.. hut, as nto ' exists' for
jit itpn itit patiet ill i th lt nstitution.
hie idiotil n:ftl epilepli may be will taken
i'e of al. the 1i1trict Poor' !fouse. -
tir t'rt:N cs i t TIF .r., 't7(,s .N '
tItI He \K 1 oTt 1Wr.tTE:.
Tle Iaxes uvi'itun ler the .\' t of Decem
ter. G), amount tO four hundred and
ineteen thunantl six hu.Idred and sixy
hit. dolbars and sevty -ne cents (C I $ ,
Thtie' h'1) ien pahl inlo the Treasury,
free hulndred,an i't waenty-ev"enl thouaIntl
ntven hndred nil hirty suven dlollars and
venty-live eenls. $a.' '7,1;8i 25
u:leet ' ors'ntnaission i, 82,8611.1)1
reudmlen'a'relurn, unlpaidl (print
c:pnlly enpitatien tax), 21, I11.117
ury tickets deposited by Tax
Colleot o1's. -71 11 '
atx excentions issue and inl .