Historical Newspapers of South Carolina

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BY ?TO THINE OWN SELF BK TUUE, AND IT MUST FOLLOW, AS THE IIOB'T. A. THOMPSON & CO. iummMmnmt?i?fm*?m)?mm i m j '-_ ^ M I I - - rn Milli II I I I I i i n II irn?ri?. m.mi mniii PICKENS COURT HOUSE, S. C. SATURDAY, JULY 27, 1801. NIGHT THE DAY, THOU NO. 5& vrv ?J?iUHUJ?, ? lYIJUSSAGrE. KxKcuTivK DEPARTMENT, SO. CA., ) Columbia, Sopt. 4, 18GG. j Gentlemen of thc Senate and Home of Rep resentatives : I k?Tn convened tho General Assembly in in extraordinary session, for the purpose of recommending such modifications of existing laws with r?f?renc? to persons of color ns will entitle the tribunals of this State to exercise jurisdiction over them in id louses; suoh ? re-organization of these tribunals ns may be best adapted to this end ; such enactments us M'lll effect grcutor certainty, ns well ns econo my, in thu punishment of crime amongst all classes; nfid lastly, such measures of relief ss, in my judgment, re ireeessary, in view of the present condition of the people. It is a striking anomaly, that moro than ono half of all tho inhabitants pf tho State ni'? nut amenable to trial before the State tribu nals, and arc exempt from all liability to pun ishment under State laws. In a majority of thc Districts, neither Provost nor freedmen's Courts are in cxistenee, and persons nf color perpetrate crime with impunity. Some of their gravest offences against society arc tried before M ?ll i ta ry Commissions, but tho long delay in bringing the crinum) to justice, the necessity oftentimes of removing him to a remote pince, where a Commission is organ ized for trinl, tho difficulty of securing the attendance of witnesses, and the expense de volved upon the prosecutor, conspire to ren der such' tribunals wholly inefficient in pun ishing tho guilty, or deterring others from per petrating crime. Where Provost Courts ore organized, thc punishment impuscd on freedmen for crime aro not in conformity to our law?, and are much lighter than punishments imposed by State Courts upon white men for the same of fence?. Tho laws of every well-regulated State should operate equally upon all the in habitants, and if a white man is pttuishabln by death fer arson or burglary, there is no jus .tice or propriety in nor mi tiing a freedman to eaoflpo for a like offence with a fine or light imprisonment. When our laws are so modi fied that all persons muy ho tried before, ?bo . *.>%? ?V?buunl; nilli, iv\wn wuvtcttuii, subjected io the wine punishment for. the name class of offences, all reason for the interfercuoes of Fed eral authority with tho administration of jus tice will have ceased, and no impediment will exist to the jurisdietion of tho Stato Court* over all cases, civil and crimual. In tho series of Acts, passed in Deccmhei Jwtt, known as tho Code, there are various dis criminations against freedmen, which shoulf be repealed, nod eivil rights and liabilities ai to crime should ba aocorded to all inhabitant; jilikn. Tho last section of the Act to cstablisl District Courts provides that M thc Judge, elected under this Act shall not he cominis aioncd until theGovernor shall he satisfied thu they will oe permitted to exercise jurisdictiui committed to them." Thc Judges, have iv>t been eonnnissionei liavi.ig. satisfied myself that they would nc bo permitted by tho military authorities to es ereise-jurisdiction over persons of color, whin was tho main purpose in establishing th Courts. Tho District Court may, howevei he made invaluable, by increasing its juri: diction in eivil, and restricting it in crimni cases to offences punishable with less tba doath, thereby relieving the superior Cour of many cases which retard the despnteh < more important business. I therefore recommend that thc sittings i the Court bo quarterly, or oftener, if necean ry ; that all misdemeanors and felonies no punishable by fine, imprisonment or whippin Vy %homsoover committed, be tried in th Court j that all felonies punishable by dent including tho different degrees of homicide, tried by thc Court of General Sessions ; th thc offices of a grand jury bo dispensed wi in the Di fit il ct Court, and' defendants tried indictment without presentment or true bil that, with tho consent of the parties in ci estes, or of tho defendant in criminal eas the presiding Judgo may hear and dot orin i any causo or indictment without thc intcrvi tion of a petit jury ; that tho petit jury sh consist of twelvo, and thc venire of nighter that in caso of the acquittal of thc d?fendu the Judgo be authorized to certify, if in opinion tho facts justify it, that tho prose tion waa frivolous or groundless, and wi snob certifioato is given, that thc proseou '?o liable for all tho costs incurred; that other security to prosecute bo required b Magistrate from a complainant than his c rocognixsnoo ; that the jurisdiction of Court in oivil casos ho oxtonded to S200 ; ttiat the jury bo paid for their scrviocs by u taxed on each case they may try. By the thirtieth section of tho " Aot tc tablish Distriot Courts " it is provided "i in every caso, civil and criminal, in whit person of color is a party, or which affects person or property of a person of oolor, Bott? of Color shall be competent witness Tho accused in suoh a criminal er.se, and parties in every such oivil case, may bo ncescs, and so may cvory other person wi a competent vritpesfy ct?. The first paragraph of this section, admit ting persons of color to testify in all case? where themselves or their race are directly concerned, and excluding them by implication in nil cases where they aro not interested, enu not b? reconciled with sound policy or just discrimination. They aro admitted in that olasa of oases wbero their iutercst, sympathy, association and fcclingH would be most likely to pervert their consciences and invite to false swearing, nnd are excluded from testifying in nil onece whoro no motiv? could exist to swear falsely, except that of n depraved heart. Tho distinction is illogical and indefensible, and it cannot be denied thnt it has its foundation in a prejudice against the atnie of the negro. If the rules of uv ?do?ee m all thc Courts were so modi Ged ns to make nil persons and parlies com pol cut witnesses in their own and all oth er cases, no possible danger could result from it. Many of the ?Slates of the Union, nnd severnl of thc civilized countries of the old world, have Iried thc experiment, und thc re sult proves thnt the cause of truth and justice has been thereby promoted. The object of every judicial investigation is to ascertain the truth, and when found, to dispense justice in conformity thereto. With intelligent Judges and discriminating juries, correct conclusions will be moro certainly attained by hearing ev ery fact, whatever may be the character or color of tho witness. In the second puragrnpb of thc section al ready quoted, tho General Assembly have reached thc samo conclusion ; for in nil cases where persons of color are allowed to testify, all persons, including parties, ure declared competent witucsscs. Would it not be emi nently wiso to udopt tho sanio rule in all Court.?, and extend it to ul! persons ? . In civil eases, the testimony of persons of color is oftentimes requisito to elucidate thc facts and secure a just decision. They con stitute a majority of the entire population of the State, and of necessity ure oftou sole wit nesses of contracts and transactions between white persons. Shall the parties in such cases bo denied justice, by excluding the only evi dence to secure it, because of un apprehension that it may be in a measure unreliable ? Would u _ .. u. .:_ .-??..??dunce with aa estab lished rule, lo receive tncrevtuow?. -n_ its value 'I In thc law of evidence, tho char acter nnd standing of a witness goes to affect his credibility, ond not his competency. Why not, in tho cuse of the person of colur, follow this rulo to lie logical conclusion ? In oriuiinal cases, these considerations weigh with peculiar force. The negro is readily de ceived nnd corrupted, and becomes au easy prey to the machinations of depraved white men ; and past experience tenches that he is cmplo3*cd to execute the most dishonest pur poses, ?nd with impunity to thc principal, be cause, of his exclusion ns a witness from the Courts of justice. Thc shrewd and cunning continue to put thc negro forward in the com mission of crime, ano they go unwbipped of justice, because tho law forbids that the testi mony of the negro shall bc heard. Docs not the exclusion of persons of color make thom invaluable accessories to the perpetration ot crime ? I low can society be protected against that lal gc class of infamous crimes, now sc prevalent in this State, unless by making thc negro a competent witness, wo avail ourselvef of all accessible evidence to convict thc offend era? And will the law of tho State continu? to offer ft reward to the dishonest to furthe tempt and corrupt the negro ? The woll-boinj of tho State materially depends upon the dc vatioti of this class of our population, and i there was no other argument in behalf of thci admissibility to our Courts, tho tendency c ?neb n mensuro to elevate their moral ami in Iclleelual diameter would bc sufficient. Thc dishonest may object to the extensio of this right to all cases, because it reduces tb Poid for his nefarious operations, but if th pood and virhtnn* f ooted, society amply comp^nsated for thc chango. Men < probity and integrity have no renson to appr bond any evil consequences from the chang Tho discrimination of intelligent Judges an juries will bo a shield against unjust chargi supported by false swearing, and thc same ii telligeneo will bring tho really guilty to co dign punishment. Tho great increase of orin among tho freedmen, and tho inadequate pu ishmcnt inflicted by oxisting tribunals, ina] it u high and important duty dovolvcd on y< to so modify existing legislation as will sccu a transfer of jurisdiction lo thc State Couri If tho suggestions I bavo made do not inc the approval of your judgmont, I will cordi ly co oporate with you hi attaining tho end nny way whioh your superior wisdom may i dicato. Tho prevalence of orime among tho whit ns well as blaoks, in overy part of tho Sta admonish us that tho criminal codo is def tivo, and that thc punishments imposed bj oro inadequate to deter offond^rs. Tho pi nltioA attaching to orimo oro Ano, imprisi mont, whipping and death. Tho doatb p ult.y is imposed on conviction for murder, son, burglary and othor orinics ; but tho I pugnanco of jurios to convict and iuiposo t fearful penalty, except for murder aud twt 1 tbr?? other enormous erip)?? against soci< often entibies thc guilty to escapo under the most trifliug pretext; and oven yhon persons uro convicted in such cases, thc verdict ia usu ully accompanied by rccouiinondatiou lo exec utive clemency. There is nc proper puuisuinent uuUor the laws of this State, for high inisdeiuaaaoro and petty felonies. Non? of tho jailf^f the State : aro constructed for work-houses, ??jt?'d conviots sentenced to imprisonment epen&thcjr time < in idleness. Tho expense to the ?^J?frVwery < urcat, and, in our impovei?shod c/Jjdition. the. i people cannot well bear tho >?et?yy7tnxiitioil t necessary to support these con vi ouli) idleness, l There nrc many convicts who find themselves 1 comfortably boused aud wcll-fc'di , ?rid whb, < exempt from ull labor, do not regard impris- 1 onmeiit ss a punishment. They|~oro vicious, i depraved non producers ; and the effort to j punish them is really a punishment to tho t honest tax payer, whoso labor, in;'bart nt least, t is given to support them iu indolence. Thc number of convicts will hereafter be greatly 1: increased, and, if tho present syItem of pun- v ishmeuts be continued, the appfoprintious to c jailors, for dieting prisoners, w ll bo grouter u tim? thc expenditure for either <f tho depart- o monts of tho State Government. To remedy all these evils, I respectfully recommend that o you piovido for the establishment of a peni- fl ten tia ry, at Columbia, und appropriate, not tl less than ?20,000 to erect u waif around thc <S penitentiary buildings, and to ?lake cells for ti convicts. Much of thc labor, tn erecting thc ft necessary buildings, can bc performed by the convicts themselves. If a fuyoro?j o site should oi be select? d, convenient to suflicioljt water pow- ol er to drive nil the machinery thal mny bo rcq- ci uisite to carry on manufactures inwood, loath- ni cr, iron, yarns and cloth, the pQujtcutiary may be mode nearly if not quito seff-supporting. di Punishments may then bo iinposid according fo to the enormity of tho oficnct?j juries will have no aversion to convicting tVb guilty, and OJ couvicts, while undergoing purgi lion for their af crimes, will bc compelled to carn heir clothing ar mid subsistence. th Tim completion of the prisoned the intro- lit iluctiuu of tho requisito machinery will, of cr .ourse, bo u work of time ; but, if proper econ- eli i.ny is practiced ^^j^fj^itf^?o^ meantime, thc convicts eau bo subsisted as shcaply as in the District jails, whilst thc Ia- ti bur of such ns aro not required cn thc build- fu lugs, eau be devoted to tho various manufac- hi lures of leu th er, wood and iron, yielding a m lund to the State to meet thc expense of their tl subsistence la If you should determine te establish a pen- C itentiary, it will bc necessary that the punish- w tnents now imposed by law be so changed ns Ol to conform to thc new prison system. Before passing from tho subject of tho criminal law, c< [ desire to iuvito your attontion to thc ncccs- tc si ty for more stringent legislation for thc sup- it pressi ii of vagrancy. Thc law should not tl only provide for tho punishment of idle and fe dissolute persons, who aro permanently doiui- fr ciled, but should extend to transient persons le wandering over the State, and who have no visible moans of support ; and. the duty of en- L forcing the law should bo devolved, under al stringent penalties, upon the Clerks, Sherill's. U Magistrates and Constables of the several Dis- A trict8. t< Since your adjournment in December last, ci the Court of Errors in this State have, with a ai single dissenting opinion, declared the Stay BI Law and all amendments thereto unconstitu- it tiona!. This decision bas produced rcstivo- if ness nnd dissatisfaction in many parts of the tj State. Public meetings have beeu held in T several Districts, and thc Legislature has been e appealed to, to furnish sonic protection to the debtor cb ss, who anticipate goueral sucing in 0 thc fall tenn of thc Courts. t After a caroful examination of the opiaioo * of thc able and learned Chief Justioo, SB well * ?s other authorities, ] feel it my duty to any that 1 concur fully in the opinion of the Court, n ?ml buli?ve that their exposition of tho cousti- t tutionul question is unanswerable. ? Thc people of South Carolina baVo been pro- o verbially law abiding; and when anarchy v reigned supremo, after tho fall of thc Confcd- t eraoy, lawlessness waa universally discouraged (1 by the better classes in every community.- r Now, when civil law is restored sud we arc o remitted to our own laws and Courts to pro- c tect rights and redress wrongs, ourely no ci ti- ?. zen of good repute will advise tumult and vi- f olenco against thc highest judicial tribunal in \ tho State. In view of tho circumstances surrounding t us-when it is remembered that the State ha? u just emerged from a long and disastrous war, c iu which not only hor sons but ber resources v wore prodigally bestowed j that our banks have ? all been destroyed ; tint moro than three hun- H drcd millione of propirty have been annihila- t ted ; that all tho fonitnins of credit and prop-, t orty have beet brokei up ; that our system of i I labor has I mci thorotghly disorganized ; that < tho refreshing and ;?vivifying showers hove t boon withhold from ? parched and exhausted j soil, eud that want, if not fumino, will kocp < ghastly vigils iu mmsion and in hovel ; when < it is remembered tit1*, nearly all of tho mer? i chants of the SUjSavo bee** able ?<} ?omyro miso theil- indebtedness to Northern merchants on most liberal terms-surely, the creditor clus8 will practice forbearance and give their debtors still further indulgence. If compelled to euforeo collections, they should, in tho sa tu o fair and liberal spirit, make couipratuises with debtors, BO aa not to drive tbew aud tkoir fau?. dies from home, kindred and frieuds. Tho existing embarrassments growiug out if tho indebtedness of tho country will, like Olhar-oviU, producw buucfioial *??vr,Uo. Dobt 3rs ui)l ?i.<i it ta tiu'Jr interest CO ni?ko ?nnl ldjustmcnt of tlic?r debts, oven though limy ire compelled to surrender their property. ?e ong as their debts remain, interest will bo ao .uiuulntiug to culminate in more disastrous )ankruptey. If they surrender their property, mw, to creditors, they cnn resume their occu ltions und labor with cheerfulness-knowing hat its proceeds will, sooner or later, rebuild heir broken fortunes. Tho debtor who desires to compromiso with lis creditors 1ms thc mcuns of compelling the ericst Shylock to accept fair terms, or ox lude him in all uharc of his estate by assign ment, givii:g liberal creditors thc preference, r by voluntary confession of judgment. llelieviog that no Stay LuW can bc passed, mbracing antecedent debts, that will not con iot with that clause of tho Constitution of lie United States which declares thal " 710 {tate shall pass any law impuiring thcoblign ous of contracts," I respectfully recommoud >r your consideration for tho relief of debtors : 1st. Thnt imprisonment for debt, on meuse nd fiunl process, be abolished, except in caso; F fraud j and thou, as a punishment for the .?mc rather than as a means of enforcing pay fent of thc debt. 2d. That no cost bc taxed against a defcu int, cither for tho oOiccra of tho Court or r tho Attorney. 3d. That the Insolvent Debtor's Laws be so :toudod as that any debtor may, by petition, 'ter due notico, summon in all his creditors, id, upon assigning his cstato and effects for cir benefit, bc discharged from nil further ibility, not only to sucing, but to all otlicr editors, lloiug thus rolicved from tho iu itms resting on bim, tho honest and enter ?^^^wdjcbiojLJBfilLits? to work with alacrity The Congress of thcHfJ?T?HTSIates has'trifc lority, under the Constitution, to pass uui rm laws of bankruptcy} but there is uo pro ibitiou upon the States, and as Congress bas >t exercised thc authority delegated to them, 10 States may, with great propriety, pass such ws-and they will continue of force, unti; engross adopts a general bankrupt act hieb would supcrccdo all Stato Lcgislatior 1 thc subject. Thc General Bankrupt Act of 1841, pass I by thc Congress of thc United States, ox tided its provisions to antecedent debts, am s constitutionality was not controverted b; ic Courts. No Constitutional obstacle, there >re, would preclude the General Asscmbl om incorporating tho same feature iu thci gislation. It is proper here to remark, that if a Stn raw could be passed which could bo froe froi 11 Constitutional objection, it would not pi< :ct debtors from suits in tho Federal Court L creditor residing in thc Slato who had d( srmincd to enforce thc payment of his dcb auld readily transfer it to a non-vesidon nd if thc slim exoceded five-hundred dollar neb non-resident could at onco instituto su 1 tho United Stntes Court, recover judgincri ?sue executions and soil the debtor's propc j, notwithstanding the existence of a Sti .aw. Such a law would not be recognized nforced in a Federal Court. The completo disorganization nf the lab f tho Stato in 1805, resumed in the prodi ion of very short provision crops; aud upply the deficiency, large quantities of bro: tuffs have already been imported into t (tate, nt enormous cost. Tho imperfect 1 ?anizntion of thc system of free labor, a ho unprcccdcnt drought which btu? prevail luring the monthsof J uly and August throng ut tho State, ns well ns an unusually sb rbeat crop, foreshadow a gloomy future he people for tho next year. Coming ns 3 lo from every District, you have tho means Daking au estimate, approximating accura f the extr-nt of thc failure of tho provis rep, and what amount of supplies will be nc d to savo thc poor, dependent And helpl rom starvation. I invite your earnest 1 ?romptcoffMderntioii of thc subject. Soundpolitionl econonr ordinarily condcn ho feeding of its population by the Govt itent, as t ho inevitable consequences aro to rcaso idleness, pauperism and crime. . fhorc tho provision orop of u wholo counlr lestroyed uv blight, or wbero produoiior impended by long continued drought, ho deficiency is traoeablo to those causes ber than to thc idleness of tho population, nanity nnd Sound policy aliko justify lovcrnmoiit in lending or giving its moat avo tho people from starvation-to arrest ncrcrrse of crime, which want always pn cs, and to stay emigration to moro ?ivorei allties. Tho present population is insuffle o till tho soil of tho State, and to develo; caources} and it i? ? high duty of the ( crament to remove, OB for as possible, ibo ne cessity for emigration beyond ita borders. Tho embarrassment of supplying food for thc needy will bo greatly increasod after tho first of Oo tobcr, when tho Freedmen's Bureau will eeaaa to ?88uo rations for the indigent ind helpless whites sud frccdniou, who bave boon hereto? fore furnished with subsistence. You thfej find it necessary to increase thc powers, duties aud responsibilities of the Commissioners of the Poor, and to organize such bodies in nil i/iBtriotrDr TX 0 tft?f?r ir most "of Mp Dis - trie ts, land and buildings have heretofore been acquired aud erected for tho whites, b'q?thcy tr.U8t bo cnlurgcd, BO as to provide accommo dations for pauper, idiotio and helpless froed nien. Thc fuiluro of the Boards of Cotrifpfc aioners of the Poor to pr?vido for tho helpless, is a great crinio against humanity, and addi tional penalties should bc imposed hy law/a gainstBUoh a negleot.ur refusal to perform pro perly thia philanthropie duty. .^^v The capitation tax imposed by you, at 'tho lost session of tho Legislature, on freedmen, has not generally been collected. Thc Comp troller General, following a suggestion mado by mo and approved by tho Attorney-General, iustruoted thc Tax Collectors not to iasuo ex ecutions against-thefreedmen, for tho capita tion tax, until the present session of the Leg islature This was to avoid all conflict tfitU thc military authorities, arising ont of the fact that our courts were not used for tho protec tion of thc freedmen, and no provision was mnde for the support of tho infirm and help less. Whenever your legislation remits tho ?ustody of persons of color to thc Stoto laws, these executions may bo issued. Proper dili gence by thc Sheriffs will enforco tho satisfac tion of most of these executions, end the fund nay then bc appropriated exclusively to tho mpport of thc oiass from which it is derived. . If you should, in your wisdom, determine o mako nn appropriation to buy subsistence br the iudigent white and colored, tho sovor il Boards of Commissioners of thc Poor; would rn, perhaps, thc best agents for its distribu ion. To meet any appropriation made, there ia 10 resourco available, and tho funds can only ie rubed by issuing and selling State booda. Tti?? ^n_^ite ba*shoVctofote boon citied t*T-- ~f-?ble hope is enfe ivill command nearly parj-._ Ix_x. kets of thc United States or Europe. As thc present is a called session, and you may desire to return to your homes at the ear liest day compatible with your public duties, [ shall defer, until the regular session, bring ing to your attention tho general financial coa lition of thc State, or making any recommen iatiou for putting it on a safe and satisfactory basis. Under tho authority of your Act au thorizing tho issuo of bills receivable, in pay ment of thc indebtedness of thc State, tho Trcnsurcr had engraved and printed bills to thc amount of 8390,000, und bas paid out, to ^ the public officers nod other creditors of tho State, only 8150 MOO. Most of the Tax-Col lector? have modo their returns, and tho legal tender United States notes paid into the Treasury, together with tho bills rcoelvable not yet issued, will enable its operations to be conducted without embarrassment until your regular session. Of the bills issued, there have already been redeemed, in payment of taxes, $T2,U00. No appropriation was rondo to defray thc expenses of engraviug and print ing thc bills, but tho Treasurer, neting upon my recommendation, advanced tho oxpenses incurred from proceeds of the loan heretoforo authorized to bo mado. Thc amount paid by him was 84,430.12. I recommend that an appropriation be made to cover this amount. if tho Treasurer hod doolined to mako tho payment in advance of tho appropriation, th? Aot could not have beon carried iute> exeeor tion, without oonvening an extra eesiien of the General Assembly. At tho Inst session of tho General Assem bly, " full power and authority" was given the Governor to make " such regulations a? in his opinion might bo necessary to prevent thc entrance and spread of Asiatio oholora in this State." In February last, Ifbpcucd a correspondence with Major-General Sickles, with reference to tho establishment of a rigid quarantine at all tho seaports in tho State, which resulted in tho military authorities un dertaking to establish and enforco proper quarantine regulations. I am happy to say to you that tho duties, under orders from Gen. Sickles, have Leon well performed, and not a single ouRo of oholora or yellow fever hos oc curred within tho limits of tho State. Tho work of re-organization and reconstruc tion is progressing slowly, but steadily. Oui Senators and Representatives hovo not been admitted to noats in tho Federal Congress, and wo havo received no relaxation from onerous taxation, notwithstanding wo havo been denied representation. It is belivovd, however, thnfc our fellow-citizens iu tho North and Wost not much longer permit this flagrant injustice to be oontinucd. Tho State Government ia, entirely re-organized-tho law Courts held their regular sessions in tho spring, and des? patched much business, which has beon accu mulating for years, and vory gonorally cleared Th.e criunuul dockets. The Co\tiW? of 0kftwv3: t