The daily phoenix. (Columbia, S.C.) 1865-1878, November 29, 1866, Image 3

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GOVERNOR'S MESSAGE NO. 1.-CONCLUDED. THE PURCHASE OF COEN. ( Pursuant to the resolution of 21st September last, passed by the General Assembly, I appointed Colonel D. Wyatt Aiken Agent of tlie,State to make purchases of corn. Having satisfied himself fully that the double restriction imposed in the resolution rendered it impossible to effect purchases, he declined the appointment. I con? curred fullv in lu's conclusion, that the double restriction rendered the whole scheme nugatory, and I have not, therefore, appointed another Agent. The resolution required that three hundred thou? sand dollars of bonds should purchase and deliver in the State three hundred thousand bushels of corn. It is reasonably certain that tho bonds could not have been sold for more than seventy cents to the dollar, and corn could not be purchased, in any market, and delivered, at ono dollar per bushel. The correspondence between Colonel Aiken and myself is herewith communicated. The grain crop of the State has been gathered, and you are better prepared now, than at the extra session, to determine the deficiency, and what will be needed to supply the absolute wants of the poor. When you have fixed the amount, the grave question arises, how are you to supply the funds to purchase it? The feverish and unsettled condition of public affairs has not tended to appreciate tho credit of thc Southern States; and if the purchase of a large amount of ' breadstuff's, for distribution among the poor, is to be effected by the sale of State bonds, it can only be accomplished at ? ruinous dis? count. Thc question is earnestly commended to your gravest delibe? ration. The firm of Browne & Schirmer, grain merchants of Charleston and Columbia, have; made a proposition to furnish corn, and have requested me to lay it before you. They propose that, if the ?State shall advance to them twenty-five thousand dollars, which they will give approved security to rotund, they will engage to furtiish sixty thousand bushels of corn per month, to be sold at actual cost, with transportation and two-and-one-half per cent, commissions added, to the citizens of the State; invoices to be submitted to commis? sioners, and the corn to be subject to inspection by the commission? ers or by an agent. If a larger amount should be needed monthly, that larger amount will be furnished, upon condition that the State make a pro rata increase of the loan. The money loaned is to be returned as soon as the contract terminates. It is proposed by fliese gentlemen to establish depots for the sale of thc corn in Charleston, Columbia and Marion, from which points it may be readily distributed to every section of the State. The members ot the firm are enterprising and trustworthy, and, if such a contract is awarded them, they will doubtless fulfill its stipulations with fidelity. LT the necessities of the State should require the importation of one million of bushels, to supply the wants of those who must buy and are able to pay, the saving to the people of the State, by such an arrangement, would not fall short of two hundred thousand dollars. I have been informed that a proposition of the same sort will be submitted to you by A. M. Biker, a grain merchant of Charleston, who can furnish you with satisfactory testimonials of integrity and business capacity. These plans for supplying with corn thc whole population, including the Boards of Commissioners ol' the Poor, who will be compelled to provide for a large number of indigent persons, ai a profit of only two-and-a-half per cent, to the contrac? tor, on cost and expenses, arti commended to your favorable consideration. THE PECUNIARY DISTRESS OK THE PEOPLE OF THE STATE. The short crops of grain and cotton causes the indebtedness of the people to press heavily on them. This state of things imposes on every generous creditor the duty of making as liberal compro? mises with his debtors as he can admit without pecuniary ruin. If he has been fortunate in escaping thc general wreck, he should . cheerfully lend a helping hand to his less fortunate neighbor who is still struggling in a sea of debt. Legislation consistent with the constitution and the general interest of the community may be adopted, which will greatly relieve the public. I reiterate my recommendation made at the extra session, that imprisonment for debt bc abolished, except in cases of fraud, and when a debtor is about removing his person or property without the limits of the State, that the insolvent laws "oe so extended that a debtor may, by petition, on giving three months' notice to all Iiis creditors, require them to come in and prove their demands, and upon his surrender? ing his entire effects for their benefit, that they bc; perpetually barred from ever again proceeding against him in the Courts of this State, and that in all cases where a defendant is sued and makes no defence to the action, no costs shall be taxed against him. Persons hi sui ?uris can now compromise with their debtors, and often lind it to their interest to do so, but such as occupy a fiduciary position arc restrained by the stringency of legal rules; and not being authorized to compound with debtors, they frequently loso the entire, debt. It is sound policy to modify those rides, so as to allow them to compound the demands they hold against debtors, taking care to guard against fraud or ill faith on their part. I invite your attention to the propriety of passing a homestead law, and of extending tilt; value of articles exempt from levy and sale, for the head of each family. Most of the States have made much moro liberal and humane provisions than South Carolina for guarding the families of unfortunate and improvident debtors . against being cast out upon the world, houseless and breadless. The decisions of some of the Shite Courts have affirmed the consti? tutional power of their Legislatures to enact laws increasing the exemptions from levy and sale, even upon antecedent debts. It is not by any means clear that you are precluded from enacting such a law, either by precedent, reason, justice, or thc Constitution. DISABLED SOLDIERS. Agreeably to the resolution of the 21st September last, passed by the Genend Assembly, a circular was issued by me, ''directed to each of the Tax-Collectors of the State, requiring them to furnish me with a list of the names of all citizens in their respective Dis? tricts who were permanently disabled in thc State or Confederate service during thc late war; particularly specifying those who have been deprived of their limbs, and stating in each case whether it be an arm or leg, or both." The information thus acquired thc Gov? ernor was requested to furnish to tho General Assembly at the next regular session. Returns have been received from the Tax-Collectors, with the exception of those of Abbeville, Barnwell, Chestc Chester? field, Clarendon, Kershaw, Lexington, Marion and Union, and the Parishes of St. George's, Dorchester, St. Helena, St. James', Goose Creek, St. James,' Saidee, St..John's, Berkeley, St. John's, Colleton, and St. Stephen's. The Districts and names reported have been alphabetically arranged, and are herewith transmitted for your information. The number reported, so far, as having lost legs, is one hundred and sixty-seven ; one hundred and eighty have lost arms; one hundred and seventy are otherwise permanently disabled. The printing of the Journals of the extra session, together with the joint resolutions then passed, could not be completed until within the past week, and my attention was not called to your resolution of the 15th Septem? ber, "directing the Governor to invite proposals and specimens of artificial legs." Proposals have not been invited; I am, therefore, not prepared to report "the name ot that manufacturer wiio will present the best and cheapest models, with the price thereof." COVERING THE STATE HOUSE. In conformity to your resolution of the 19th of September last, advertisements were published inviting proposals for "estimates ol the cost of covering the new State House, and of titting up therein a sufficient number of rooms for the use of the General Assembly, and its officers, upon the most economical plan. Bids have been received from three* builders. They will be laid before the Com? mittees of the two Houses charged with the subject, together with their respective plans, specifications and estimates. Well-informed architects represent that the building-, in its present condition, will rapidly deteriorate, and I recommend that an appropriation be made to carry out the purposes of your resolution. GENERAL INCORPORATION AOT. I respectfully renew my former recommendations, that a general .Incorporation Act be passed. Capital should bc invited into tho State by every legitimate means, and Toady facilities for organizing chartered companies, where it may be concentrated for enterprises too large for individual effort, would promote the.end, and are greatly needed. Such an Act would save much of the time which the General Assembly is now compelled to devote to granting char? ters, raid would reduce, very materially, tho annual cost if printing Bills and Acts of incorporation. THE INSANE ASYLUM. I communicate herewith the report of Dr. Parker, Superintend? ent and Physician of the Asylum. You will learn from it that there are now in the institution 143 patients, of whom 56 are paying and 87 are charity patients. The latter list will soon be increased ma? terially by transfer from the former, arising from the inability of present paying patients to raise funds further to support them? selves. The institution is admirably managed in all its departments, and I commend it to your continuing favor. THE DEAF AND DUMB AND THE BLEND. The Commissioners of the Asylum for the Deaf and Dumb and the Blind, at Cedar Springs, in Spartanburg District, met in June last, and made thc necessary arrangements for putting the schools into operation, under tho supervision of Messrs. Henderson and Walker. The boarding-house and schools were opened early in November, and they have now resumed their long suspended func? tions under the most favorable auspices. Thc schools are rapidly niling up, and promise to reach, at an early day, the maximum number heretofore attained. The reports of the Commissioners and Superintendents will be soon transmitted to you. I beg to commend this noble and humane charity to your fostering care. CONSTITUTIONAL AMENDMENT PROPOSED BY CONGRESS. I transmit herewith a communication from the Hon. Wm. H. Seward, covering the Constitutional amendment proposed to the several States o? the Union, by the Congress of the United States. Histqry furnishes few examples of a people who have been required to concede more to thc will of their conquerors than the people of the South. Every concession we have made, however, so far from touching the magnanimity or generosity of the victors, has sharp? ened their malice and intensified their revenge. In the surrender of our last organized army of the late Confede? rate Government, Generals Johnson and Sherman, each representing the military power and authority of his respective Government, agreed upon certain terms of capitulation. While exacting in some respects, these terms were in the main such as a liberal and gene? rous victor would concede to a fallen foe. They were accepted in good faith by the Southern people, and every organized body of soldiers in opposition to the laws of the United States were in a few days dispersed. Scarcely had the fact of the capitulation been made public, however, before it was announced that the terms were repudiated by the Executive authority of the United States, and a proclamation was issued, offering amnesty, with numerous excepted classes, to those who had participated in thc war. These classes also acquiesced, and conforming to the requirements of the Chief Executive generally, made application for pardon. Then followed Military Governors and the military occupation of the country, under which the rights of the citizen were regulated by no known rules, and he was tried and punished by no known laws. This con? dition of things was also acquiesced in with remarkable patience. Provisional Governors were then appointed, whose functions were performed jointly with the military commanders, and conventions called by these Governors were assembled to change the organic law of +he several States. Thus did the people of South Carolin? assemble and obliterate the Constitution that had been made anc hallowed by such men as Rutledge, Pinckney, Marion and Sumter We were required to abolish shivery, which had existed for twe hundred years, and was intimately interwoven with the whole social industrial and financial fabric of the State. We obeyed. When thc Legislature assembled, we were required to ratify the Constitutional amendment abolishing slavery in the United States, and were made in part, instruments to accomplish that result in Kentucky anc Delaware, when those States had refused to do so of their own voli tion. "We obeyed. In addition to this, all the citizens of Soutl Carolina, with scarcely an exception, took the amnesty oath, whicl required them to sustain and support all thc proclamations and lawi made during the war, and particularly those relating to the abolitioi of shivery. These oaths have been observed by the great mass o the people with singular fidelity, and every essential attribute of ? true mid thorough loyalty to the Constitution and Union has beei exhibited and practiced. In addition to all this, the General Assem bly of the State has, by solemn enactment, accorded to the black rac all the rights of person and property enjoyed by the white race. The; can buy and sell, grant, convey and devise. If their person or per sonal rights are invaded, the same judicial tribunals vindicate then: They go upon tho witness stand and testify; they are permitted to tes tify in their own cases, even when on trial for the gravest offence! How many of the States now enjoying a representation in that Cor gress which proposes this amendment to us for ratification accord b their own laws the same general rights and privileges to the Wac man ? They have but a meagre number of negroes in their mids and if allowed to vote, their ignorance and depravity would procluc no appreciable effect upon the result, being less than one-and-onc eighth per cent, of the voting population, whereas their relativ number here is as forty-one blacks to thirty whites. Do sensibl fair and just men at thc North desire that these people, withoi information or education-steeped in ignorance, crime and vic should go to thc polls and elect men to Congress who are to pas laws taxing and governing them ? Now, that all this has been don what further or higher pledge of honorable obedience can be give by ono people to another? Does the majority who now rule Coi gross expect to make us better men or better citizens-more servio able to the country in peace and in war, by further humiliating ar degrading us ? Notwithstanding all these pledges and concession it is sought still further to humiliate and degrade the Sout Eleven of the Southern States, including South Carolina, are d prived of their representation in Congress. Although their Senato and Representatives have been duly elected, and have present? themselves for the purpose of taking their seats, their credentia have, in most instances, been laid upon the table without beii read, or have been referred to a committee, who have failed to mal any report on the subject. In short, Congress has refused to exe eise its Constitutional functions, and dqcide either upon the electio the return, or the qualification of these selected by the States ai people to represent us. Some of the Senators and Representativ from the Southern States were prepared to take the test oath, b even these have been persistently ignored, and kept out of the sea to which they were entitled under the Constitution and lav Hence this amendment has not been proposed by "two-thirds both Houses" of a legally constituted Congress, and is not, Cons tutionally or legitimately, before a single Legislature for ratificatic Waving this point, however, is it compatible with the interest, consistent with the honor, of this State, to ratify that amendmen Do not its first-and last sections, if adopted, confer upon Congre the absolute right of determining who shall be citizens of the i spective States, and who shall exercise the elective franchise a enjoy any and all of the rights, privileges and immunities of citizc ship ? The sections referred to not only do this, but they subv< the theory and practice of the Government since its foundation, abrogating the right of fixing the elective franchise conferred up the respective State Governments, and by giving the repres?ntate of Oregon or California in Congress the power to declare what shall constitute thc measure of citizenship within thc limits of South Carolina or Georgia. Who is most likely to exercise this power judiciously-the citizens of che State wherein the regulation is to be made, or non-residents, who are entirely ignorant of the popula? tion, the intelligence, ncessities and resources for which legislation is undertaken? With this amendment incorporated in the Consti? tution, does not the Federal Government cease to be one of ''limited form of Government? Nay, mon; ; does not its adoption reverse the well-approved doctrine, that the United States shall exercise ho powers, unless expressly delegated by the Constitution? Thc third section, if its spirit were carried out, would not only disorganize the State Government in all ol' its departments, but would render it nearly impossible for the people of South Carolina, at least, to re-organize a government until Congress, by a two-thirds vote in the case of each individual person, removes the disability, powers" in all of the essential qualifies which constitute such n And this, or the reason that when secession was determined upon by the Convention of the State, South Carolina may be truly said to have been a unit in sustaining thc doctrine, and in earnestly and zealously prosecuting the war. When, therefore, every citizen who, at any time prior to secession had taken thc oath "to support the Constitution of this State, and of the United Stales," ana who sub? sequently aided and abetted thc war, is excluded from every official position, State as well as Federal, the magnitude of the disability is unveiled. Every officer in thc past of thc State, civil and military, was required, before entering upon thc discharge of thc duties of his office, to subscribe to such an oath, from thc Senator.in Con? gress to the lieutenant in the beat companies. Who then can bo made Judges, Congressmen, Legislators, District Officers and Magistrates ? It is to be observed, therefore, that as to this State, the adoption of the amendment will necessarily result in perjury on the part of those who attempt to lill such offices, or to anarchy, if they arc not filled. Congress, violating another established prin? ciple of the Constitution, confers upon itself the righi of the par? doning power, when the Constitution vests it in the President. How long would it occupy the attention of that body to remove tho disabilities imposed, for a sufficient number of our citizens to fill the respective offices in South Carolina alone? Is anarchy to per? vade society until it suits thc interests, the prejudicios, the passion or thc caprice of Congress to proclaim such acts of grace and mercy? There are other objections of a grave character which might bc urged; and among these it may be mentioned, that if the amend? ment is adopted, wc not only have no guarantee that our repre? sentatives would be admitted to Congress, but there are unmistak? able indications that they would still be excluded. It is unnecessary, however, to dwell upon a subject which has been so far decided by I the public opinion of the people of tho State, that I am justified in saying, that if the Constitutional amendment is to be adopted, let it be done by the irresponsible power of numbers, and let us-preservo our own self-respect, and thc respect of our posterity, by refusing to be the mean instruments of our own shame. I tender to you, gentlemen, my cordial co-operation in discharg? ing the grave duties and responsibilities devolved upon you at this critical and eventful period in our history. You have the glorious rcminiscenses of thc past to stimulate, and the precious hopes of the future to encourage you, in meeting these responsibilities with forti? tude, courage and discretion, and relying upon the support and protection of the all-powerful arm of a gracious God, your patriotic efforts to restore the blighted prosperity and reclaim the broken fortunes of a generous, noble and confiding constituency will bo crowned with grateful success. JAMES L. ORR. FREE LUNCH ! AT FANNING'S RESTAURANT. WILL be served up THIS DAY: Extra Vegetable Soup, Hog's-bead Cheese, Cold Slaugb, ?LC, and all other accom? paniments. Nov 20 1 :p^Ljr^oc^-Ho"ij s E7~ THE following will be served up THIS DAY, at ll o'clock: OYSTER SOUP, MUTTON CHOPS, FORCE MEAT PAULS, ROASTED DUCKS, STUFFED WITH OYSTERS. T. M. POLLOCK. Nov '29 1 Great Excitement ! AT W. T. WALTER'S, FOR A FEW DAYS. GOSHEN BUTTER, 30 and 35e. per lb. LAUD. 2 c. . NOT 29 1 The nighest Cash Price Paid for Old Iron! .BY S . E . STRATTON, Nov 29 3 Columbia Lodge No. -, U. D. AN Extra Communication of this .Lodge will be held THIS (Thurs dayj EVENING, at 7 o'clock, at Palmetto Lodge Hall, for the purpose of conferring the First and Second Degrees. Brethren will take due notice thereof and govern themselves accordingly. Bv order of the W. M. S. H. GUASSHEIMER, Nov 29 1 Secret:! rv. 1PUNCHEON old SCOiCti WHlSKtY, (Islav Malt. ) For sn le at CANT WELL'S Nov 29 1 KED Ki .L'S l?)W. Millinery & Fancy Articles. /-2^7_^ MRS. A. MCCORMICK iv gs ^BL//; to inform the ladies that sin W?A LH h a H opened a st lee! and hand TBM l\Jt ome assortment of articles in J^'d^U lie- MIL,'lM?RY LINE, to .viiich sho invites an in?pec w *\?a?^\ tli>n. Her Show booms uri over .ur. (j. K. McNabb's store, on Main street. Nov 29 12 COUGH ELIXIR. COtTGH MORE ? ! MUS. E. A. HEN LEESON is tue author of a preparation that is exciting ?u iiuu3 attention amongst the public. The preparation acts like a charm, curing the most insidious coughs as with magic pow er. Many citizens of Columbia have used if- in their families, and with the most gra? tifying succoos. It is a most innocent compound, having no naust ous drug or any ingr?dient that could posi-ibly prove deleterious to the most feeble constitution. Even infants may take it with peilect safety, and it will so tho their little cough and restore them to ease and Comfort. Jt you are troubled with a cough, cold, hoarseir-ss or unpaired voice, try ibis pre? paration and be convinced of its efficacy. lt will cost jon a mere trill.-, and save money and much suffering. Apply or ad? dress Dr. R. R. KINO, Main street, (near Mrs. Reilly's,) Columbia, S. C. Nov 29 ^gLxr.o-tioxi Sales, W. T. WALTER WILL sell at his mart, TO-MORROW, (Friday,) at Hi o'clock, Bedsteads, Chairs, Feather Beds, Mattress, Tables, Settee, Lounge, Pictures, Glassware, Crockery, ?V :. ALSO, 10 kegs Butter, 5 kits i.ard, And a line Beer Pump. Nov 29 Orangeburg Female Seminary. By JACOB COHEN & CO. ON TUESDAY, the 4th of December, at 11 o'clock, at the North of the Exchange, Charleston, s. C., will bc sold. That DESIRABLE PROPERTY, situated in the town of Orangeburg, and known as the "Orangebnrg Female College." The building is inge, and suitable for a Hotel or Boarding School, being capable of ac? commodating about two hundred (200) persons. On the premises are gus wm ka fir supplying the building with gas; and a fine orchard ami garden. The grounds aro umple and eligibly located, being neal tho Railroad Depot. TERMS.-One-tenth cash; balance by bond, payable in five equal annual instal? ments, secured by mortgage of the pro? perty. Premises to be kept, insured and policy assigned. Purchaser to pay for pupers. The above property can be treated for at private sale. Nov 29 ;3 60 FIXE MULEXTORIAI?-! " THE Kalmia Mills t orapany, rn? having no further use for their Vf^a teams, will offer for sale, .(at their OlBiiMM* M rlis. on the South Carolina Rail? road, eight miles fr-m Augu-ta. Ga.,) on the FIRST TUE DAY in DECEMBKR, sixty FINE MULES and tuo Bul.SES, with Log Carts, Wagons, Harness, .Vc. M' st of these Mules were brought from Kentuc ky last winter, and are very supe lior animals; they are all in excel tnt order, alt. r working baril thi- < ntire ?Um? mer. There is no tiner iot Of Mules in the country. Terms cash. BENJAMIN* F. FYANS. Nov 29 l'r. s?hnt Kalmia Mills. SHERIFF SALE. BY virtu of a wi it of fieri facias io me directed, 1 will oed, t>< 'ore the t uni t u. use in Columbia, on the FJlisT MUN? DAY and TUi SDAY in Decemlx r next, a.l the right, title and intere.-t of the defen? dant, Wm. E. Scott, in the following arti? cles of Merchandize, v,z: I box Soap, 1 d'Z. Tumblers, 1 box coi.taming sundry articles of Dry Goods, 1 box Soda, ii t ?if Caps, 1 box Shoes. 1 box SmoMi g Tobacco, lui i ?i Tinware, 9 Kerosine Glass Lamps. 1 l>ox Pipes. 2 Tin Cans. 5 email lining Pans. 1 box Copperas, bait doz. Wire sift? ers, half doz. Hair Brushes, 2 doz. Buck? skin 1 mses. 4 bottles Wine, 1 doz. bottles Mustard aud various other articles ot Mer? chandize, .ve. Levied on as the property nf Wm. E. Scot;, at the suit of T. M. Bris? tol vu. Wm. E. Scott. Temi.-, cash. N'"V 15 j _J. E. Di NT. S. K. D. LANDTTETH'S Fresh Garden Seeds? OF THE GROWTH OF I860. AFULL supplv, ot .vu varjety, just r.c ived. ' EDWARD SILJ , .Nov 29 :?!_\\ a.-luneo ii M rei t.__ Columbia Female Academy. THE Mis:-ES REYNOLDS Will be prepared to nc? ive a f, w more :s Ai.DING It'l'iLS .n TUBS!'AY, 1st January, I8f>7. For terms. a?'p<y to tue Principals. No* 2'3 th tule 4M Charleston Couriei picase copy twice a. week until bret of January, and bcnubill tu this oflico.