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& F O L I T I O JrVI-i. GOVERNOR'S MESSAGE. KXKOUTl VK J)i:i> \ KT M EXT, ") COLUMUIA, S. G , November L>7, 1800. J Gentlemen of thc Senate and House of Jtrp t'vsen tut ives. Your annual assembling at tho sont of gov ernment bas heretofore been the occasion of congratulation hy thc Kxeculive, upon tho continued happiness, prosperity und improve' incut., of thc eonnnoo-wetilthi I regret thal no such greeting can bo extended to you on the present invasion. Wo li? lunger hoar the claOi of arms, nor thc tread of hostile armies, and our people have escaped thc scourge < f that terrible disease, which revels in thc shock ing Carnival of death. Whilst the general health has not been good, the virulence and malignity of d's:'..se hive boen mitigated, and ti comparatively small fatality has visited thc ,si? k room. I'Or tin se blessings our thai.hs aro duo thu groat Hiller of thc Universe. lu thc depths of humiliation and contrition, let us invoke Him lo avert the evils that nie up on us-to otsy th?' lonni ni' our persecutors, to turn away thc wrath, ?md bring to nought thc counsels of those who would oppress und destroy us, und lo restore to us thu happiness and prosperity of former years. The toil id' the husbandman has lo ought him o sc inty return from his Holds-the grain crop is tdai'Uiitigty small - the cotton crop in tilling portions bf the State will not sn ?lice tn furnish tl nic.Mis of supplying provisions-our pop. ulalion, white mid colored, urti ubamlouiiig their old howies and country, mid ?rc emigra ting to strange places, where tiny eau lind broad. With thc. loss of labor, mir farms must dilapidate, our li.-his romain (tnlillcil, our granaries continuo empty, ?ind our pro gress in developing the resources of the State must he fi I* rest eil. The failure of tho earth to make a generous return to the toi' id' thc husbandman, cnn.?es the goods id the mer chant to rest unsold on his shelves-mid keeps th? tool cf thc' mechanic idle-the (ciiminu of thu professional niau useless. The political condition ot' thc country-the intolerance of our conquerors-the proscription lo which wc ?rc subjected, by those who should bo our lov ing brothers, ami who wield (he destinies of this great nation - these evils intimidate cap ital, paralyze ced rprise. disorganize labor,nnd destroys hope and conlidciice, The enormous tax on cotton discourages production, and ag gravates thc financial embarrassment ol' the people. Xever, therefore, in the history of the State, has a Legislature assembled limier less favora ble auspices, to provide, fur the wants o'' nu impoverished ami disheartened constituency-. Hat t l?ese ext r eit dinary culb iri'.assuiciits must he met with wisdom, patience, mid emir lege, with energy ned l.op.e, and a im.nly re solve, to subdue anti overcome them. Wc must keep our popuUt?on here- we must pro vide for their present necessities--wc must Stimulate, our white population to go earnestly to work, anti let them Mm (hat labor is honor able ?md idleness reprehensible. Kniering a new year with this li xe (I deteriliinalhiti, otu fields wiil he better cultivated, mal the next harvest time will lind our garners well Hied with the products of the Soil, The staph crops will bc more, abundant, and the lilian cial embarrassments of thc people will, \>\ consequence, bc greatly relieved. Let ie cherish hope mid practice such industry tu shall merit thc fulfillment of these anticipa tiona. rn STU i OT counts. Thc third Article nf the Constitution o thin State, in thc third paragraph of the Hrs Section, directs that " tlie (?eneral Assembl; ah: J', as soon as posible, ( Stablish, for ead District in thc State, nu inferior Court o Courts, to be. staled " thc District Court " thc Judge whereof sh ill be resident in th District, while in office ; shall be cloded b the General Assembly for four years, un shall ho re-eligible -which Court shall h.iv .jurisdiction of nil causes wherein one or hot of the parties arc persons of color, and of n criminal casos, wherein the. accused is a pei KO ii of color; and tho General Assembly i empowered to extend thc jurisdiction (d' th ?aid Court to other subjects." lt is u ti fort i nate that this clause, was inserted in thc Coi stitution. Thc (b'Kt paragraph of the Sectio d?clares, that "thc judicial power shall t vested in Smell superior and inferior Court of Law and Kljuity as thc Goiicral Assembl shall, from time to time, direct and establish ; nilli thin is sufficiently comprehensivo to ?* thorize tho establishment of any inferior Cou which the wisdom of the Genera! Assembl may dotcrin'n \ whether it I c a 1'olicc. Di trict, County or. Magistrate's (hunt lier tho largest discretion is given to you; an such tribunals may be established as exp rienco or necessity may dictate; hut (beeline already quoted ny ni res thu General A?seuib to "establish Districts Courts," mid thej Courts must he continued until (he Colistin ?ton is atnended in thc prescribed manner, i thc instrument itself will bc violated, lue der that tho largest discretion may be allow? tho General Assembly, in devising the hu I judiciary system to meet our wants in tho rc- | i cent ly changed relations ol' society, I recoin- j mend tliat thc present General Assembly pro vide for an amendment ol' thc Constitution, ' hy striking out the third paragraph in the Ar- I tide aforesaid. The next (J euora I Assembly j eau consummate thc amendment,und Iben, the j Legislature will he loft, with unrestricted dis- ' crctioil, to establish such superior and inferior Courts as, to them, shall seem meet. Whilst | this amend meut ?sbo?ngoonsunininted,lho Dis- j I (riot Courts may be put fully into operation, | I and one your's exj crience will, probably, de- j I ciile whether they arc adapted to the wants and meet the necessities of the public. If ? I Hoy should be found impracticable, inefficient, or too expensive, they may bo abrogated, und some better system may bc institut, d. Wo are thrown upon novel timex, and nil our logis lutioli to meet our new situation is purely ex perimental. lt would not be wise to discard and repeal thu legislation of each preceding session, because it failed to work smoothly or give entile satisfaction. "W hen d?ficiences are discovered, remedy them, by nmcndii OUI or modification. No human wisdom is equal to tho task of giving a perfect system of Courts and haws, when mi ancient system must bc revolutionized, to corre pond with rad ?cal changos in social, domestic, industrial and pulilie.it relations. Alter one year's lair ex priment, it may he found tint tho District Court is I he d? sidcrntum. The Act of the h st session, '. to amend tho Act establishing Districts Court-," requires essential und nm lorial timeuduicutfi, to reduce its expenses and see ure its ellicient operation, Tho boundary ol' its jurisdiction should bc more distinctly defined. '1 he services of a Grand ?Jury, UP part of its machinery-, should be dispensed witli ; tho authority confer;' 1 on thc District Judge to examine and dismiss frivolous casos, renders the. existence of such a body unnec essary. 1 here is a well defined distinction between misdemeanors and clime, lt is Only when the prisoner is charged with erinn1, that he is entitled to bo tried on presentment found by a Grand Jury. I'ot ty larceny, and other petty f?lonies, limy b? declared, by statute, to be misdemeanors ? und defendants, in nil mis demeanors muy be tried without presentment or true bill foll ml hy II (i ram! Jiu v. Tho ve nir.', f ir thc D?lit Jury sh.mid he reduced to eighteen. lu the 1 >ist. ?ut (Joint, il would bo seldom that two patine)? would be required; sud the Court, cu such Oe0ii?ious, could be i III ployed willi ol bot' Ln.ii,.>...) HOI requiring thc aid of a Jury. Thc Jury duty now ox uetid wi I bu vet y onerous on thc people, mid. as thc law stands, it cannot bc performed tit an expense of less than eighty thousand dol lars per minute. The modification suggested Would reduce tllC expenses to one third ol that SUm, lor h..th superior nod interim Court--. Thc expense, lo thc Treasury, ol Ju rios might bo dispensed with entirely, by tax ing ii .Jury Icc in every case tried. All trav erses and imparhtiices should he abrogated in the District Court; nod all indictments, rec ogui'/.aiicos and other papers, in the Supcrioi Court, not disposed of, ?md in which jui'isdlC lion is given to thc District Court, should ht transferred to thc District, and mude valid ns if originally returned to that Court. Th? District Hoards should he required to tnaki their ?miiu d returns to the District Judge and it should bc made thc duty of the latte 0 ex ?illino tiic same, and tb enforce the hu against them for misfeusutice, malfeasance*, o neglect of linty. When thc District Jlldg is interested ju any case, civil or criminal, u which his Court has cognizance, it should h transferred to the Superior Court for trial. The Court should be invested with exclusiv jurisdiction, in oases over one hundred dol?an only where tho. contract, express or implict between tho employer and employee, is fe 1 agricultural labor. The law now provides tin I a prosecutor, who institutes a frivolous ? i groundless prosecution, may bc adjudged I ; pay the costs of such prosecution. This isa j ample sale guard against groundless prosed j lions; and thc law should beso amended, tin i thc party making complaint before a Magi I trate should be granted a warrant, upon h j own recognizance, to prosecute, without r quiring security. To require security to pros I cento, is to deny justice to thc poor, thc i lui i'll lit, thc depend mt and tho friendless. These are the classes that it is tho peculi province of tho law to protect; those wi have wealth and friends, can readily secure tl protection ol' the law. Doubts have ?irisen whether thc Snperi j Courts of LHW ctn take cognizance of nnyi fence committed by a person of color, mid thc clauxo in thc third Article of the Const it lion, which declares that, tho District ('ot shall have jurisdiction of nil cases in whick person of color is interested, or to which is a party. The Civil H ?tell ts Act, passed tho Congres? of thc United States, whi must he respected and obeyed until pt'onouuc unconstitutional by the Supreme Court oft United Stales, gives the person of color t sumo rights in nil the Courts, State ns well Federal, as arc enjoyed by tho white rac and so long ns white poisons ure triable ol in tho Superior Coutts for felony, tho sai privilego must bc accorded to persona of c or, notwithstanding tho supposed prohibit! in til? .State (..'oust i tut ion, ns tho Constitution Of the United States, and tho laws pawed in conformity thereto, is thc supreme law of the land. If the Civil Rights Act should hereaf ter be declared unconstitutional by thc Su premo Court, or should it he repealed hy Con gress, the question under thc State Constitu tion might then be full of embarrassment. CULMINAI. LAW. The establishment of n Penitentiary re quires material chantres in the punishments impost d in the Criminal Law. Mordor, ar ion mid rape, .should bo puiy-Uctl by'dofilh. The numerous catalogue of felonies punisha ble by death, some with and others without tho bonelit of clergy, should bc abridged, and confinement at hard labor in thc Penitentiary bc substituted, in most cases. Thc extreme penalty attaching to many of these felonies is revolting to humanity, and juries not uufre quently fail to lind real offenders guilty, be cause tho punishment is made, by its enormi ty, disproportionate to the offence. It should bc left ,discretionary with thc Judges in thc Superior mid District Courts to punish by im prisonment, nt hard labor in thc Penitentiary, or by whipping, in al) cases of larceny. Pun ishment by the lash is so degrading, that it should bo imposed upon the most incorrigible offenders ahme. A eon viet, who sones out his term ol' imprisonment in the Penitentiary, even fur an infamous offence, may reform ; bot one who has been whipped at tho public whipping po.-t, must be overwhelmed with such a .vei.se nf shame and degradation, that be cannot command moral courage sufficient tu enable him even to make au effort at refor mai ion. 1 feel it incumbent on mc to call your at tention, specially, to the gross liOiiloct of duty, on the pint of some of the Sherill's and Jail ors in ibis State, in allowing prisoners lo o? capo from their custody. Unofficial informa tion has been received at this office, that near ly seventy prisoners have escaped from the jails of this State since their custody was Iiirnid ('Vcr by the military to thc civil au thorities. Some of lhe.se criminals were un der sentence of death, and many wire charged with the. highest crimes against society. Kv cry eliott to enforce the Criminal Law, and suppress crime, must be unavailing, unless the custodians ol' prisoners who have been ar rested and confined in jail, act with more vig ilance and fidelity. The existing law pro nounces the mr>wt I-5|VMIT>?? ?. ^ "otsltinont nOltimtt Sheriffs ami Jailors for voluntary or negligent escapes, and it is found wholly inadequate to .irrest the growing evil, lt is difficult lo sat isfy a Uland Jury that their friend, whom they have aided to elect Sheriff, or his agent, the Jailor, would permit a prisoner to escape - their good will Inward thc delinquent lead ing them to be readily Satisfied that thc CSCapC resulted from the insecurity of the Jail, lt is even moro difficult to secure thc presentment ol' thc Commissioners of Public Puddings for their neglect of duty, ill failing to make the jail secure, and hence the public stifler with out n remedy. When a bill of indictment is found, it is traversed, anti when thc defendant is finally brought lo trial, positivo pt oof cannot bc elided that the escape was voluntary 01 negligent, and the defendant is acquitted. Tho General Assembly, since 1S!J9, has been almost anon illy passing laws, to enforce tin performance by Sheri fis of their duty in civil and ?liminai matters, and tho cud is as far iii when legislation oil this subject commenced There is but one means of effecting n cure foi Ibis chronic disease-it is to provide by lau for the summary removal of a Sheriff, eithei through the judicial or executive depnrtmeni of the Coy ern mou t, for wilful and persisten neglect of duty, or for misfeasance br malt'oa sance in executing his office. Thc laws nov provide for thc removal of a Sheriff from office on conviction before a Jury ; but it is believet that (hey have not been enforced in a singh case, since 1800. Is it not notorious tba sonic ol' these officers should have been re moved ? illidge Wurdlaw has devoted much time ii preparing a Pill which will be .submitted ti you, defining (ho duties and jurisdiction o District Courts, and embracing the subjects o thc domestic relations, and a codification o the criminal laW. His long experience on th Hench, and his acknowledged ability, will sc euro a respectful consideration of his labors. COM M ISSI ON HHS TO TA KB A OK NO W?.KDO M KN" or DKKDft, kC. - NOTA ttl KS PUltMO. The Acts of the General Assembly eonfc upon thc Governor authority to appoint "Com missioners to take acknowledgment of deeds.1 in the several States and Territories, "fob used ami recorded in this Stale;' the Con missioners to continue in offico during hi pleasure. Tho duties of these officers, " i taking the acknowledgment or proof of an deed, mortgage, or other conveyance of Kt? lands, tenements or hereditaments, in thi State, or of any contract, letter of alton cy, c nov other writing under seal," aro very in port?til io tho interests of thc public, and som rule should bo adopted to furnish (ho mean of verifying Ruell certificates with reasonabl certainty. This mny bo attained by requiri? every person appointed or to bo appointed Commissioner, to forward, within xtiooty dayt I to tho Secretary of State, un impression of his j official seul, on Wax and on paper, together with his autograph ; and upon hi.? failure to do BO, the appointment ol' each defaulter should hs annulled. Notaries Publicare, likewise, appointed ?nd commissioned by thc Governor, and arc in vested with grave ollieial duties. The Secre tary of State alone, can certify thc ollichil character of a Notary Publie, and he cm make , no such certificate with safely, unless he chan I ces to know the hand writing. livery Notary j Public, noW4holding such commission, or who [may hereafter he appointed, should likiwi.-e j bc required to forward lo tho Secretary ol' State, an impression of his ollieial seid on wax and paper, with his autograph, within sixty days, or his appointment should he revoked. CON fl lt KS SI ON A Ti KM CT?ONS. Thc last Congressional election in this State was held pursuant lo a resolution ol' thc (it li erai Assembly, ami there is now no provision ?d'law for holding ftitutc elections. Although our Hep res e ii ta i i ves last elected, have not been permitted by the Congress of the United States to occupy their sects, it is the duty of the General Assembly to provide, hy general statute, fur the holding of gener al elections for each succeeding Congress. Thc conveni ence of thc peuple would indicate that these elections should he ordered biennially, on thc day that men.hers of thc General Assembly are chosen, to wit : 'I he third Wednesday in October, of each odd year. Representatives to Congress would then take their seats thc following December, coming fresh from thc people, ami repicset.t popular sentiment on the public questions of thc tiny, with more certainty than if elected -is heretofore, the Oc tober year preceding the meeting nf Congress. If an extra session nf Congress should he culled before tin; day fixed for lin: election, thc Gov ernor might he authorized to older, hy prccln luation, the flections utan eui lier day. nm] thus secure the representation of the State ut such extra session. JURISDICTION ItK.MlTTKL) 15Y Till; MI MT Alt Y TO TI1K fl VI I. AUTIIOItlTII.S. TIiC Aels passed nt thc bte cxtia session, were transmitted to the Militmy Commandant of the Departn.cut ol' the Carolinas, ut Ch irles ton, and on the hist day of October last, by Genend Old? rs, he remitted ail c ses in which thc inhabitants of this Suite were concerned. civil and criminal, to thc civil authorities, lt ?'*{*"} i?n,\ Av%?l .iusiiee i.s. meted out to all the inhabitants ot the Stale by courts ana juries - if the freed m on receive that protection ol person mid properly which thc luw?nuwguar untee them, wc will not nguiu bc adjudged b\ Provost Courts, anti Military Commissions ..md we will vindicate before tho world, oui high sense of moral right, hy enforcing impur ti.il justice, whether thu suitor bc humbled ol exalted. 1'lxpericnce will dcumnstrntc thc wisdom ol your enactment authorizing negroes to tistif) 1 in nil cases. It takes away thc impunity which bad nun have long enjoyed, in tempt ?Hg these ignorutit pt opie to perpetrate erinn for the benefit of the tempters. The result of the experiment nt thc late Kail Term td* thc Courts nus been entirely sat I isfactory. mid most of ibo freedmen who huvt ? been ended to the witness stand, have mimi fested a highly orcditible desire to tell tin truth. The extension of thc privil?ge ha: had a salutary influence in encouraging mu I elevating their timmi senses. Many of then appreciate their obligitions to society, am I readily assist in bringing to punishment evil 1 doers of their own color. They are invttluabl to thc productive resources of thc Stute, nm ? if their labor be lost by removal to other sec tiona, it will convert thousands of acres of pre I ductive land into a drcf.ry wilderness. Po j this reason, I have felt it to he my duly t discourage their m ?grit t ion. The short eroji j of thc present year should stimulate thc plan ter and farmer to renewed energy und entei I prise. Ile will, however, lim! his lands d j little value, if ho eon bot command lu bor t cultivate them. If the liogro remain hen his labor must he made sufliciently remunerii tive to subsist and clothe, him comfortably. Schools must he established to educate hi children, and churches built fur his mor? training. The experiment of free labor, whilst it hu not been entirely sitisfnctnry, is far from pren ing ii failure. Where thc blacks have bee iidcquntoly compensated and kindly treatet i they have generally labored faithfully. Sm j dollly relieved from the controlling will? i others, mid exempt, d fri m the compulsory lt ! bur wljieh hud, through life, bt cn exacte j from then:, tiny have pei formed, during th present year, un ninon ut of voluntary Inhoi Which muy well excite sui prise. The i nth '. lenee nf f?oiue, and tl o improvidence of nunn ! will doubtless ct'itsc them to und? ri*o niue ! stiff? ring before they ure educated fully to th I necessity of const (in I and untiring labor, uri to proper thrift and <c ninny. Humanity ami sound policy unite in di ninnding that wc should pruville for the agc? tho infirm und the helpless, und 1 (hcfefoi respectfully recommend tho passage of sn A? making it incumbent on tho Commissioners! tho Poor to provide suitable buildings at tl various District Poor Houses for their accom modation ?nd to subsist them. Thc lieront* of thc Lunatic Asylum bave wisely and humanely made provision for tho .cccption and trcutmcnt of insane colored pa I itonts, mid ibo (Commissioners of thc Poor in thc several Districts should tc required to make the Kaine provision for their support in the Asylum as now exists for white pauper patients in that Institution. Tho idiotic and epileptic tuny he well taken cate of .ut tho District Poor House. Till! n.NA.M'i s Ul- THE ?TATE, TAXfcS ANJ> TUT. DAM; QV TIII: 6T?T?V The taxes levied under the Act of Decem ber, 1805, amount lu four hundred and nine I teen thodsuud six hundred and sixty-eight ! dollars and seventy one cents, (8 11 0,008.71.) j There has been paid into the Treasury, tinto hundred and twenty seven thousand sovcti j hundred and thirty-seven dollars and twenty i five cents, (8327,037.25.) ! Collectors commissions, ?82,809 DO j Freedmen's returns unpaid, (prill ) ci pally capitation tux) 21,319 07 : Jury tickets deposited bv Tax Col ' ( lectors, 7,002 ll ! Tax executions issued and in hands of ?5herifi's and balances due in bauds of Collectors, 20,780 32 Total, ?.4 19,008 71 This estimate does not include ex?cutions issm d by ibo Tax CollectOls, uga i list persons who have failed to make returns, ?iud who have been double tn ?cd. The statement of tho Comptroller Gem ral is herewith transmitted for your information. 'i lie entire i eveline received into thc Treas ury from Taxes, Pills Pei civ;.hie registered und carried to cash and other minor sources is 81-17,713 07 There hus been paid out hy thc Treasurer, on ipproprint ?ons, 804,088 0-1 Leaving in tho Treasury u balance, nu the 31st of October lust of 173,05.3 C3 Subject to draft, of which sum lhere was in National currency, 78,245 35 The Ti ensurer has, in obedience to thc Act of 21st of September lust. to provide fur tho redemption ol' Pills Receivable, issued by this Stale," promptly exchanged National curren cy for thu Dills llccciviiblo when presented. '1 his will rapidly reduce thc amount he held on 81st October. The undrawn appropria j mnyV\&?on?\ tb,?,,p,rVsVni ftl^W^l?t?^fiS ! paid, piincipi.lly, in Dills Receivable, until thc taxes for thc fiscal year, commencing the 1st of October last, shall bo paid into tho Treasury, which payments should bo required i to be mude by thc Collet-tors ns early :s Juno next, ll* thc General Assembly le t uni ts tho . clause in tho Tax Pill of thc Inst y oar, 10 ! quring (hal nil taxes -hall be paid in gold or ' silver. National currency, or Bil's P< ( l ivable, i and continues the authority to Ibo Treasurer : to exchange thc Pills PecciViible for National i currency, there is no good reason why the val j nc of tlie former should not be nt par with I thc latter. The Comptroller-General < ?\ i timi 03 j thc appropriations for the present yen rut three ! hundred and two thousand seven hundred mid i ten dollars, which sum will bo increased, if I tho recommendation hcrciiitiftcr u-.pdo, to pro ] vide fur the payment of thu public ddt, . should be adopted hy you. The payment of ; taxes is, nt all times, onerous to the publio, but is peculiarly oppressive lo thc people nt j ibo present time. The ordinary expenses of i government, however, must be mel, and tho faith and credit ol' ?bc Stale maintained un I tarnished, and taxation is the only rcsourco j left us. Thc but then should be tendered as I light ns possible, hy the most rigid economy j in making appropriations, and hy requiring a ! strict accountability from all public functions j ries. .Material changes in ibo subject mutters ! of taxation nod modifications in the tates uro : requisito to render taxation le.-s oppressive. Assessors .should bo required to make m w ns . scssiiicnts of tho value of lam's, ?ind town i hud city lots. 'The Capitation Tux is onerous, j und is not proportioned to thc g< nCval scale of taxation; it should ho ri due? dat Icnst one ; half, and the employer should bo held liable j for every pull in his service on 1st March next. A gcneiul system of licenses to Inwyers, doo j tors, dentists, luthers, cotton pi eke Vt cs for toll, I merchants, sho,i keepers, tradesmen, inution ' eers, livery Stable keepers, hotels und cuting i lu uses, non-resident merchants ?nd di mumers, laud Others should he inn educed, Taxes should bc inifOfiodoti money ni in tere st, bonds mid soUcnt credits, also upon nil urti tics of luxury, embracing jewelry, gold ni d sil\cr j pluto, lind watches, cm ringe-, buggies, all I horses not used for agricultural purposes, pi j ?nos, playing card?, etc., upon the cn pi I ul .stock of nil incorporhlcd companies, including r ilro'id-1 Hot Oxen pied by law fr..m taxation? j legacies, distributivo shares in intestate cs I tutes, pistols, bowio-kniles, prient medicines, j and tho gross profits of brokers, factors and i hanking corpbrnlions. Thc taxes 1 creloforo 1 impost d on express, telegraph, gus-light und j insrrancc comp; nies muy bc vety nuiterially . incl cased 08 these companies mc realizing largo ? profits in their several investments. [REE FOURTH TAOE ]