The Newberry herald. (Newberry, S.C.) 1865-1884, September 12, 1866, Image 1

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VOL II. WEDNESDAY MORNING, SEPTEMBER 12, 1866. NO. 37. THE HERALD IS PUBLISHED EVERY WEDNESDAY MORNING, At Newberry 0. H., By THOS. F. & R. H. GRENEKER, TERMS, $3 PER ANNUM, IN CURRENCY, OR PROVISIONS. Payment required invariably in advance. Advertisements inserted at $1 per square, for tirst insertion, and 75 cts. each subsequent inser tion. Marriage notices, Funeral Invitations, Obitu aries, and Communications subserving private interests, are charged as advertisements. Special and LPga1 Notices, 81 per square each insertion. Governor's Message. Executive Department, So. Ca., Columbia, Sept. 4, 1S66. oGentlemen of the Senate and House of Representatives: I have convened the General Assembly in ext'raordinary session, for the purpose of recom,mending such modifications of exist ing laws with reference to persons of color as will emrtitle the tribunals of this State to exercise jurisdiction over them in all cases; such a re-organization of these tribunals as may be best adapted to this end; such en actments as will effect greater certainty, as well as economy, in the punishment of crime amongst all classes ; and lastly, such meas ures of relief as, in nv judgment, are neces sary, in view of the present condition of the people. It i. a striking anomaly, that more than one half of dl the inhabitants of the State are not amenable to trial before the State tribunals, and are exempt from all liability to punishment under State laws. In a ma iority of the Districts, neither Provost nor freedmen's Courts are in existence, and persons of color perpetrate crime with im punity. Some of their gravest offences ngainst society are tried before Military Commissions, but the long delay in bringing the crimin.il to justice, the necessity often times of removing him to a remote place, where a Commission is organized for trial, the difficulty of securing the attendance of witiiessee, and the expense developed upon the prosecutor, con-pire to render such tri bunals wholly inefficient in punishing the guilty, or deterring others from perpetrating crime. Where Provost Courts are organized, the punishments imposed on freedmen for crime are not in conformity to our laws, and are nuch lighter than punishments imlposed by State Courts upon white men for the same offences. The laws of every well-regulated State should operate equally upon all the inhabitants, and if a white man is punish able by death for arson or burglary, there is no justice or propriety in permitting a freedman to escape for a like offence with a fne or light imprisonment. When our laws are so modified that all persons may be tried before the same tribunal, and, upon conviction, subjected to the saine punish ment fan the same class of offences, all rea son for the interference of Federal authority with the administration ofjr.stice will have ceased, and no impediment will exist to the jurisdiction of the State Courts over all cases, civil and criminal.I In the series of Acts, passed in December last, known as the Code, there are various discriminations against freedmen, which should be repealed, and civil rights and lia bilities as to crime should be accorded to all inhabitaznts alike. The last section of the Act to establish District Courts provides that "the Jndges elected under this Act shall not be commis sioned until the Government shall be satis fied that they will be permitted to exercise the jurisdiction committed to them." The Judges have not been commissioned, having satisfied myself that they would not he permitted by the mihtary authorities to exercise jurisdiction over persons of color, which was the main purpose in estab lishinig the Courts. The D)istrict Court may, however, be made invaluable, by increasingj its jurisdiction in civil, and restr icting it in criminal cases to offences punishable with less than death, thereby relieving the supe rior Courts of many cases which retard the desparch of more important business. I therefore recommend that the sittings .of the Court be quarterly, or oftener, if ne cessary; that aill misdemeanors and felonies now punishable by fine, imprisonment or whipping, by whomsoever committed, be tried in that Court ; that all felonmes punish able by death, including the different de g rees of homicide, be tried by the Court of General Sessions ; that the offices of a grandl jury be dispensed with in the District Court, and defendants tried on indictments without presentment or true bill ; that, with the con sent of the parties in civil cases, or of the diefendant in criminal cases, the presiding Judge may hear and determine any cause or indictment without the intervention of a petit jury ; that the petit jury shall consist ,of twelNe, and the venire of eighteen; that~ in case of the acquittal of the defendant, the Judge be authorized to certify, if in his opinion the facts justify it, that the prose .cution was frivolous or groundless, and when su.ch certificate is given, that the prosecutor be liable for all the costs incur red; that no other security to prosecute he required by a Magistrate from a complain ant than his own recognizan ce; that thi jurisdiction of the Court in civil cases be ex tended to $-200; and that the jury be paid for their services by a fee taxed on each .case they may try. By the thirtieth section of the "Act to establish District Courts" it is provided "'that in every case, civil and criminal, in which a person of color is a party, or which affct eu prso or propert of a person or color, persons of color shall be competent witnesses." The accused in such a criminal case, and the parties in every such civil case, may be witnesses, and so may every other person who is a competent witness, etc." The first paragraph of this section, admit ting persons of color to testify in all cases where themselves or their race are directly concerned, and excluding them by implica tion in all cases where they are not interest ed, cannot be reconciled with sound pohcy or just discrimination. They are admitted in that class of cases where their interest, sympathy, association and feelings would be most likely to pervert their consciences and invite to false swearing, and are exclu ded from testifying in all cases where no motive could exist to swear falsely, except that of a depraved heart. The distinction is illogical and indefensible, and it cannot be denied that it has its foundation in a prejudice against the caste of the negro. If the rules of evidence in all the Courts were so modified as to make all persons and par ties competent witnesses in their own and all other cases, no possible danger could re sult from it. Many of the States of the Union, and several of the civilized countries of the old world, have tried the experi ment, and the result proves that the cause of truth and justice has been thereby pro mnoted. The object of every judicial inves tigation is to ascertain the truth, and when found, to dispense justice in conformity the Eto. With intelligent Judges and dis criminating ju es, correct conclusions will be more certainly attained by hearing every fict, whatever may be the character or color of the witness. In the second paragraph of the section already quoted, the General Assembly have 'reached the same conclusion ; for in all cases where persons of color are allowed to testify, all persons, including parties, are declared competent witnesses. Would it not be eminently wise to adopt the same rule in all Courts, and ext.-nd it to all per sons ? In civii cases, the testimony of persons of color is oftentimes requisite to elucidate the facts and secure a just decision. They con stitute a mnajority of the entire population of the State, and of necessity are often sole witnesses of contracts and transactions be tween white persons. SiaAl the parties in such cases be denied justice, by excluding the only evidence to secure it, because of an apprehension that it may be in a meas ure unreliable ? Would it not be more in accordance with an established rule, to re ceive the evidence and weigh its value ? In the law of evidence, the character and standing of a witness goes to affect his credi bility, and not his competency. Why not, in the case of the person of color, follow this rule to its logical conclusion ? In eriminal ca'ses, these cotnsiderations weigh wtih peculiar force. The negro is readily d eceive2d and corrupted, and be comecs an easy prey to the machination of depraved "bite meni; and past experience teaches that he is employed to execute the most dish onest purposes, and with impunity to the principal, beca use of his exclusion as a witness from the Courts of' the comnmis sion of' crime, and t.hey go unwhipped of' justice, bec;iuse thme law for'bids that the testimiony of thle negro shall be heard. Does not the exclusion of persons of color mi ske them invaluable accessories to the per'petr'ation of crime ? IIow can society' be protected against that large class of in famous crimes, now so prevalent in this State, unless by making the negro a comn petent witness, we avail ourselves of'all nc eessible evidence to convict thme offenders ? A mi will the law of the State continue to oiler a reward to the dishonest to further tempt and corr'upt the negro? The well being of the State materially depends upon the elevation of this class of our popul'ation, and if there w~as no other argument in be half of their' admisssahility to our' Courts, the tendencv ot sneh a measure to elevate thteir mnoral anid intellectual character would be sufficient. The dishcunest may objet to the extension of this right to all cases, because it reduces the field for his nefairious operations, but if the good and virtuous are protected, society is amply coinpensated for' the change. Men of' probity and integrity have no reason to apprehend any evdl consequences 1mrom the change. The discrimination of intelligent Judg~es and jur'ies will be a shield against unjust charges supported by false swearmig, and the same intelligence will bring the really guilty to con dign punishment. The great increase oferitne among the freedmen, and the inadequate punishment inflicted by existing tribunals, make it a high and im portant duty devolved on you to so modify existing legislation as will secure a transfer ofjurisdictioni to the State Courts. If the suggestions I have made do not meet the appi oval of your judgment, 1 will cordially co-operatc with you in attaining the end in any way which you r superior wisdom may indicate. The prevalence of crime among the whites, as well as blacks, in every part of the State, admonish us that the criminal code is defective, and that the punishments imposed by it are inadequate to deter of fenders. The penalties attaching to the crime are fine, imprisonment, whipping, and death. The death penmalty is imposed on conviction for murder, arson, burglary and other crinmes; but the repugnance of juries to convict and impose that fearful penalty, except fotr murder and two or three other enormous crimes against society, often cua bles the guilty to escape under the most trifling pretext ; and even when persons are convicted in such cases, the verdict is usu ally accompanied by reccommendation to ex ecutive clemencv. the laws of this State, for high misdemean ors and petty felonies. None of the jails of the State are constructed for work-houses, and convicts sentenced to imprisonment spend their time in idleness. The expense to the State is very great, and, in our im poverished condition, the people cannot well bear the heavy taxation necessary to support these convicts in idleness. There are many convicts who find themselves comfortably housed and well-fed, and who, exempt from all labor, do not regard im prisonment as a punishment. They are vicious, depraved non-producers; and the effort to punish them is really a punishment to the honest tax-payers, whose labor, in part at least, is given to support them in in dolence. The number of convicts will here after be greatly increased, and, if the' pres ent system of punishment be continued, the appropriations to jailors, for dieting prison ers, will be greater than the expenditure for either of the departments of the State Covernment. To remedy all these evils, I respectfully recommend that you provide for the establishment of a penitentiary, at Columbia, and appropriate not less than $20,000 to erect a wall around the peniten tiary buildings, and to riake cells for con victs. Much of the labor, in erecting the necessary buildings, can be performed by the convicts themselves. If a favorable site should be selected, convenient to sufficient water power to drive all the machinery that may be requisite to carry on manufactures in wood, leather, iron, yarns and cloth, the penitentiary may be made nearly if not quite self-supporting. Punishments may then be imposed according to the enormity of the offence; juries will have no aversion to convicting the guilty, and convicts, while undergoing purgation for their crimes, will be compelled to earn their subsistence. The completion of the prison and the in troduction of the requisite machinery will, of course, be a work of time ; but, if proper economy is practised in building and stock ing it, the expense will hardly be felt; and, in the meantime, the convicts can be sub sisted as cheaply as in the District jails, whilst the labor of such as are not required on the buildings can be devoted to the va rious manufactures of leather. wood and iron, yielding a fund to the State to meet the expense of theirsubsistance. If you should determine to establish a penitentiary, it will be necessary that the punishments now inposed by law be so changed as to conform to the new prison systen. Before passing from the subject of the criminal law, I desire to invite your at tention to the necessity for more stringent legislation for the suppressian of vagrancy. The law should not only provide for the punishment of idle and dissolute persons, who are permanently domiciled, but should extend to transient persors wandering over the State, and who have no visible means of mpport; and the duty of enforcing the law should be devolved, under stringent pen lties, upon the Cletks, Sheriffs, Magistrates and Constables of the several Districts. Since your adjournment in December last, the Court of Errors in this State have, with a single dissenting opinion, declared the Stav Law andl all amendments thereto un constitutional. The decision has produced retiveness and dissatisfaction in many parts of the State. Public meetings have been held in several Districts, and the Legislature has been appealed to, to furnish some pro tection to the debtor class, who anticipate general sucing in the fall term of the Courts. After a careful examination oft he opinion of the able and learned Chief Justice, as well as other authorities, I feel it my duty t1 say that I concur fully in the opinion of the Court, and believe that their exposition of the constitutional question is unanswer ble. The people of South Carolina have been proverbially law abiding ; and when anarchy reigned supreme, after the fall of' the Con federacy, lawlessness was universally dis :ouraged by the better classes in every community. Now when civil law is re stored and wc are remitted to our own laws ndl Courts to protect rights and redress wrongs; surely no citizen of good repute will advise tumult and violence against the solemn judgment of the highest judicial tri bunals in the State. In view of the circumstances surrounding as-wvhen it is remembered that the State has just emerged from a long and disastrous war, in which not only her sons hut her re ources were prodigally bestowed ; that our banks have all been destroyed ; that more than three hundlred millions of property have been annihilated ; that all the fountains >f credit and property have been broken up; that our system of labor has been thoroughly :isorganized ; that the refreshing and re vivifying showers have been withheld from parched ard exhausted soil, and that want, if not famine, will keepghastly vigils in man sion and in hovel; when it is remembered that nearly all of the merchants of the State have been able to compromise their indebt dness to Northern merchants on most lib ral terms-surely, the creditor class will practice forbearance arid give their debtors still further indulgence. If compelled to nforce collections, they should, in the same fair and liberal spirit, make compromises ith debtors, so as not to drive them and heir families from home, kindred and frien ds. The existing embarrassments growing out f the indebtedness of the country will, li!-e ther evils, produce beneficial resuiLs. Debtors will find it to their interest to make inal adjustment of their dlebts, even though hey are compelled to surrender their pro erty.. As long as their debts remain, in erest will be accu.aulating to culminate in nore dlisastrous bankruptcy. If' they sur ender their property, now, to creditors, Lhc' cn re-ume their occupations and labor with cheerfulness-knowing that its proceeds will, sooner or later, rebuild their broken fortunes. The debtor who desires to compromise with his creditors has the means of compell ing the veriest Shylock to accept fair terms, or exclude him in all share of his estate by assignnient, giving liberal creditors the pre ference, or by voluntary confession of judg ment. Believing that no Stay Law can be passed, embracing antecedent debts, that will not conflict with that clause of the Constitution of the United States declaring that "no State shall pass any law impairing the obli gations of contracts," I respectfully recom mend for your consideration for the relief of debtors: 1st. That imprisonment for debt, on mense or final process, be abolished, ex cept in case of fraud ; and then, as a punish ishment for the crime rather than as a means of enforcing payment of the debt. 2d. That no costs be taxed against a de fendant, either for the officers of the Court or for the Attorney. 3d. That the Insolvent Debtor's Laws be so extended as that any debtor may, by pe tition, after due notice, summon in all his creditors, and, upon assigning his estate and effects for their benefit, be discharged from all further liability, not only to sneing, but to all other creditors. Being thus re leived iron the incubus resting on him, the honest and enterprising debtor will go to work with alacrity and prove himself a use ful member to society. The Congress of the United States has authority, under the Constitution, to pass uniform laws of bankruptcy ; but there is no prohibition upon the States, and as Congress has not exercised the authority delegated to them, the States may, with great propriety, paso such laws-and they will continue of force, until Congress adopts a general bank rupt act-which would supercede all State legislation on the subject. The General Bankrupt Act of 1841, passed by the Congress of the United States, extend ed its provisions to antecedent debts, and its constitutionality was not controverted by the Courts. No Constitutional obstacle, therefore, would preclude the General As sembly from incorporating the same feature in their legislation. It is proper here to remark, that if a Stay Law could be passed which could be free from all coustitutional objections, it would not protect debtors from suit in the Federal Courts. A creditor residing in the State who had determined to enforce the pay ment of his debt, could readily transfer it to a non-resident, and if the sum exceeded five hundred dollars, such non-resident could at once institute suit in the United States Court, recover judgment, issue execution and sell the debtor's property, notwithstanding the existence of a Stay Law. Such a law would not be recognized or enforced in a Federal Court. The complete disorganization of the labor of the State in 1865, resulted in the produc tion of very short provision crops; and to supply the deficiency, large quantities of breadstuffs have already been imported into the State, at enormous cost. The imperfect organization of the system of free labor, and the unprecedented drought which has pre vailed during the months of July and Au gust, throughout the State, as well as an un usually short wheat crop, foreshadow a gloomy future for the people for the next year. Coming as you do from every District, you have the means of making an estimate, approximating accuracy, of the extent of the failure of the provision crop, and what amount of supplies will be needed to save the poor, dependent and helpless from star vation. I invite your earnest and prompt consideration of the subject. Sound political econy ordinarily con demns the feeding of its population by the Government, as the inevitable consequences are to increase idleness, pauperism and crime. But where the provision crop of a whole country is destroyed by blight, or where production is suspended by long continued drought, and the deficiency is traceable to these causes rather than to the idleness of the population, humanity and sound policy alike justify the Government in lending or giving its nme'ns to save the people from starvation-to arrest that increase of crime, which want always produces, and to stay emigration to more favored localities. The present population is insufBicient to till the soil of the State, and to develop its resourcss; and it is a high duty of the Government to remove, as far as possible, the necessity for emigration beyond its borders. The em barrassment ofsuppllying food for the needy will be greatly increased after the first of October, when the Freedmen's Bureau will cease to issue rations for the indigent and helpless whites and freedmen, who have been heretofore furnished with subsistence. You may find it necessary to increase the powers, duties and responsibilities of the Commissioners of the Poor, and to organize such bodies in all Districts, of the State. In most of the Distr:cts, land and buildings have heretofore been acquired and erected for the whites, but they must be enlarged, so as to provide accommodations for pauper, idiotic and helpless freedmen. The failure of the Boards of Commissioners of the Poor to provide for the helpless, is a great crime against humanity, and addition al penalties should be imposed by law against such a neglect or refasal to perform prop erly this philanthropic duty. The capitation tax imposed by you, at the last session of the Legislature, on freedmen, has not generally been collected. The Comptroller-General, following a suggestion made by me at,d approved by the Attorney Ceneral, instructed the Tax-Collectors not to issue executions against the freedmen, for th apittinn tan unil the nreent esio)n of the Legislature. This was to avoid all con flict with the military authorities, arising out of the fact that our courts were not used for the protection of the freedmen, and no provision was made for the support of the infirm and helpless. Whenever your legis lation remits tbe custody of persons of color to the State laws, these executions may be issued Proper diligence by the Sheriff's will enforce the satisfaction of most of these executions, and the fund may then be ap propriated exclusively to the support of the class from which it is derived. If you should, in your wisdom, determine to make an appropriation to buy subsistence for the indigent white and colored, the sev eral Boards of Commissioners of the Poor, would be, perhaps, the best agent for its distribution. To meet any appropriation made, there is no resource available, and the funds can only be raised by issuing and selling State bonds. The credit of the State has hereto fore been untarnished, and a reasonable hop is ente. rtained that bonds issued for such a purpose will command nearly par, in the money markets of the United States of Europe. As the present is a called session, and you may desire to return to your homes at the earliest day compatible with your public duties, I shall defer, until the regularsession, bringing to your attention the general fi nancial condition of the State, or making any recommendations for putting it on a safe and satisfactory basis. Under the au thority of your Act authorizing the issue of bills receivable, in payment of the indebted ness of the State, the Treasurer had'engraved and printed bills to the amount of $390,000, and has paid out, to the public officers and other creditors of the State, only $150,000. Most of the Tax-Collectors have made their returns, and the legal tender United States notes paid into the Treasury, together with the bills receivable not yet issued, will enable' its operations to be conducted without em barrassment until your regular session. Of the bills issued, there have already been re deemed, in payment of taxes, $72,000. No appropriation was made to defray the } expenses of engraving and printing the bills, but the Treasurer, acting upon my recom mendation, advanced the expenses incurred from proceeds of the loan heretofore au thorized to be made. The amount paid by him was 84,436.12. I recommend that an appropriation be made to cover this amount. - If the Treasurer had declined to make the' payment in advance of the appropriation,' the Act could not have been carried into' execution, without convening an extra session of the Ceneral Assembly. At the last session os the General Assem sembly, "full power and authority" was giv en the Governer to make "such regulations as in his opinion might be necessary to pre vent the entrance and spread of Asiatic cholera in this State. In February last, I opened a correspondence with Major-Gene ral Sickles, with reference to the establish mient of a rigid quarantine at all the sea ports in the State, which resulted in the military authorities undertaking to estab lish and enforce proper quarantine regula tions. I am happy to say to you that the duties, under orders fron General Sickles, have been well performed, and not a single case of cholera or yellow fever has occurred within the limits of the Staite. The work of re-organizition and recon struction is progresssing slo#ly, but stLadily. Our Senators and Representatives have not been admitted to seats in the Federal Con gress, and we have received no relaxation from onerous taxation, notwithstanding we have been denied representation. It is believed, however, that our fellow-citizens in the North and West will not much longer permit this flagrant injustice to be continued. The State Government is entirely re-organ ized-the law Gourts held their regulal sessions in the spring, and despatched much business, which has been accumulating for years, and very generally cleared the' criminal dockets. The Courts of Chancery have also been regularly held on all the' circuits. The machinery of justice is in full' operation, and private rights and public wrongs can be enforced and punished. However much all may deplore that the: progress of the State has been retarded,. and its prosperity paralyzed by loss of for-. tune and credit, and by short crops, the wise and manly course for our people is to re double their energy-banish unavailing regrets-meet adversity with a stout heart an d brave hands, and through the approving smiles of gracious Heav'en, our venerable mother will again be prosperous, and her children contented and happy. JAMES L. ORR. EXEcCTIVE DEPARTMENT, Sept. 5, 1866.. A correspondent of the Nation gives an estimate of the value of the famous Bremen rosewine, which in the year 1624 cost $165 per cask, and is now two hun dred and forty-two years old. Calculating the original outlay at ten per cent. com pound interest, he states that in 1845 the value of each cask was $231,883,905,000, or nearly ninety times the present debt of the United States; whilst each bottle was worth $161,030,499, very nearly the sum realized from duties on imports in the United States last year. Each glass was worth $20,000,000, and. each: drop $20,000. We should think thatt this wine has been kept almost too longs, and the owners had better "realize" soong, unless they want to lose on it. A revival is in progress at Palmetto, Cam~p bell county, which has thus far resulted forty additions to the Methodiet chngch* that village. We hope thev will aX1ay~ vert nnd not hbalide~