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