The daily phoenix. (Columbia, S.C.) 1865-1878, July 09, 1868, Image 4
permanent.wofk-upoi^the-building? v ..The^rrangftroaat HiiflgafliajAjfc ?
temporary; bur. it will, fer ru any years, subserve ail the purposes for
which it inay be needcd.??jpP??^ "
INCIDENCE OF THE'??V?JBNOR.
The new Constitution fixes Columbia as the Capital of the State,
and requires the Governor .to reside here. Under the former;
Constitution, an appropriation of $300 was annually made, doubt?
less to pay the house rent of the Executive during tho session of
the Legislature-it being the custom of the Governors of the State
to reside at their respective homes, except on this occasion.
Tn most of the States, Executive mansions have been erected and
furnished for the use of Governors; and the clause referred to in
the new Constitution, renders it necessary that somo provision of
the kind should be made in this State. Either the salary or the
appropriation for house rent should be materially increased, or a
residence should be provided and furnished for the Governor. The
latter course may be adopted at a comparatively'small cost. Tho
State owns, a largo, commodious and handsomely finished building,
situated upon Arsenal Hill-a location which commands a pictur?
esque view of the city, and the valleys of the Congoree, Broad, and
Saluda Rivers for many miles; a beautiful grove is in front of the
house; the out-bu?dings are convenient and ample, and the adjacent
grounds, embracing some eight acres'^ will furnish sufficient space
for gardens, &c " .
I recommend that this edifice bo set apart ns the Executive
Mansion of South Carolina, and that an appropriation be made to
enclose the premises, to furnish the house, and to make such
changes as may be necessary to adapt it to thc use of the Governor.
THE SURVEYOR-GENERAL.
The public lands owned by the. State, have all long since been
granted to individuals, and the practice now prevailing of re-grant?
ing the same lands over and over again, can only have the effect of
increasing litigation among the citizens.
I, therefore, recommend that all laws authorizing the grant of
lands in this State be repealed. All of the proper functions of the
Surveyor-General in this State have ceased, except the issuing of
commissions to deputy surveyors in the different Districts .and the
making out and certifying copies of grants and plats recorded in
his office. These duties may very well be performed by the Secre?
tary of State, and the office abolished. All of tho records and
papers on file should be transferred to the office of thc Secretary of
State, and the latter officer be authorized by law to discharge the
duties incident thereto, and charge thc fees authorized by law for
his services.
In this connection, I call the attention of the General Assembly
to the fact that tho present fee bill was adopted many years ago,
and that all the fees require revision, and some of them material
reduction.
The codification of the criminal law of the State is very neces?
sary, not so nluch for the purpose of declaring additional or
defining existing offences, as for the purpose of prescribing some
uniform scheme of punishment adapted to the various crimes and
misdemeanors. Quite a number of offences aro punishable by
death, which, since tho establishment of the Penitentiary, might be
punished, by imprisonment, at hard labor, in that institution.
Murder, arson, and one or two other crimes of the greatest gravity,
are exceptions; but there is no doubt that the incarceration within
the walls of a State Prison will bc an adequate punishment for
climes of lesser magnitude. A general codification of all of the
laws of the State, civil and criminal, supervised by lawyers of ability,
would prove a great blessing to tho people, and at least place the
statutory law within reach of every intelligent man in the State.
.? This will bo a work of time, but it cannot be proceeded with at too
early a day.
SHERIFFS.
There is an evil which has grown to such magnitude within the
last two years, that some remedy is absolutely necessary. The num?
ber of escapes of prisoners from the various jails of the State,
during this period, has been nearly 400. The result is due partly
to tho insecurity of thc buildings and partly to the neglect of the
Sheriffs and jailors having thom in charge. The Commissioners of
Public Buildings should be required, by more stringent laws than
now exist, to keep these prisons in a secure condition ; and as to the
liability of Sheriffs, the experience of the past demonstrates that all
the legislation heretofore adopted to enforce the performance
of their duty, has been without avail. No Sheriff has been con?
victed, to my knowledge, of official misconduct in South Carolina
for thirty years; and very many who have held the position have
certainly been guilty of misfeasance and malfeasance in office. If
it is desired to secure from these officials an efficient performance of
duty, authority should be conferred upon the Governor, when com?
plaint is made to him, and he is satisfied of its justice, to remove
such defaulting officer by proclamation, and order a new election to
supply the vacancy. If action is postponed until Courts present
and juries convict, tho evil never will be corrected.
LANDS SOLO FOR TAXES.
The failure of parties to pay the taxes levied upon them by tho
Acts of 1865 and I860 has caused quite a large number of execu?
tions to be placed in tho hands of the Sheriffs of thc respective
Districts. In some localities combinations were formed, so that
when land was offered for salo by the Sheriff no bid was made, and
the State was thereby defeated-although these parties had suffi?
cient property to satisfy tho executions-in realizing the amount of
taxes due. To obviate this difficulty, Gen. Canby issued General
Orders No. G3, (April 8, 18G8,) directing that tho land should be
sold by the Sheriff for the term of seven years; that he should bid
for it himself the amount of taxes and costs, including costs of
executing, stamping and recording the deed, for the use of the State;
that if no higher bid was offered, the property should bo knocked
down to the Sheriff and conveyed by the Sheriff to tho State for the
term of seven years aforesaid. Thc Sheriff was required to have
the deed recorded in thc office of the Clerk of the Court of the
District in which the land was situated, forthwith, and within two
weeks thereafter transmit the original deed to tho Treasurer, who
was required to enter an abstract of tho deed and the amount of
the consideration. Whereupon the deed was to be filed and record?
ed in the office of the Secretary of State. The Governor was
authorized, after the expiration of thirty days from the receipt of
the deed by tho Treasurer, and, until otherwise provided by law, to
rent the land for the period of one year; provided that if tho tax?
payer should, within thirty days, pay to the Treasurer tho whole
amount of taxes and costs, including recording and twenty-five per
cent, upon such full amount, then the deed should bo cancelled; with
a further proviso, that if the same should not be paid within thirty
days, then the owner of the property should be allowed to redeem
tho same within one year after the date of its sole, by paying the
whole of the tax and costs, together with fifty per cent, of tho
amount additional; and if not redeemed within one year from the
day of sale, then tho Legislature was authorized to "determine, by
law, the conditions upon which the snnio may be redeemed by the
former owner during the remaining term of the seven years for
which it was sold."
Under this order of Gen. Canby, sales have been reported and
deeds filed with the Treasurer of foin tracts of land in Greenville
District, and fifteen tracts in Colleton District. Others will, per?
haps, be filed during tho present and succeeding month. Your
attention is, therefore, called to the order and to the action which
has already taken place, and which may hereafter take place under
.it, to the end that the necessary legislation contemplated by the
order may be enacted.
W?kmmmm?mamkm??mmmmBmmmmkmmmmMk^mm*^
. v???Thei dntjr witt b?.d*yobyed~up<>n" ffo?,^< prowdingiifoy j?Muig 4tt* "j
tho selection of suitable persons to net as Grand aiid Petit^ijiuxprs
in the v?ridns Courts o* this State. For more than fiftyyears in
' Sonth Carolina the requisite for placing tho hame of a citizen upon?
Jhe jury list from which jurors were to bo drawn was the payment,
J me preceding year, of a tax of, or above, ono dollar. In 1859, the
mry law was amended, so that every person who was entitled by the
Constitution of the State to vote for members of the Legislature,
"and who shall have paid the year preceding the Bitting of a Court,'
at which ? new jury hst shall bo made, a tax of any amount what?
ever for property held in- nis own right," was Hable to serve as a
. grand and petit juror. Tho military orders which have been issued
m this District require every tax-payer's name to be placed in the
jury box, from which tho jurors are to be drawn, and when drawn,
the Judge is invested with the power of setting aside any number
of the panel, for want of mental or moral fitness to perform the
duties.
When the importance of composing these bodies of persons of
intelligence is remembered, too much care cannot be taken in
guarding ingress into the jury box by such standards of qualifica?
tion and character as will protect it from all suspicion of incompe?
tency or comiption. The dearest right of a citizen is oftentimes
decided by the jury. Life, liberty and property- is in the keeping
of these persons, and if there be a lack of understanding, a
natural inability to comprehend and weigh evidence, to unravel the
perjuries and misconceptions of witnesses, and a want of education
sufficient to comprehend the law of the case as expounded by the
Judge, the most fearful consequences may result to the citizen. The
standard should be two-fold-predicated upon intelligence and in?
tegrity. At all times, a sufficient number of persons may be found
in every District of tho State, who will correspond with thc high
standard that may bo adopted by you; and the confidence which
intelligence in the jury-box will inspire among the population, in
the administration of public justice and the settlement of contro?
versies between private citizens, will go a great ways towards im?
planting respect and reverence for the judicature of tho country.
Heretofore, it was not deemed necessary to provide by law for
pluging the jury, either through the jury list or by the Judge upon
tho bench; but it is a system which has been practiced for many
years in thc adjoining States. There, a man too ignorant to com?
prehend the causes likely to come before a jury, or too corrupt,
depraved or dishonest to render a just verdict, is set aside by the
Judge under this general authority, which allows no one to be
empanncled who does not fulfill thc requirements of integrity and
intelligence. In some of the States, the tax lists are revised by thc
County Courts, and the most worthy and intelligent citizens are
selected, and their names are placed in the jury-box, from which the
panels are drawn. In other of the States, a jury board has been
created, and consists of the District officers, to wit: tho Clerk,
Sheriff, Judge of Probate and Tax-Collector. Theso officers being
elected by the people, arc presumed to have such general knowledge
of every tax-payer, as will enable them to select from the hst proper
persons, whose names are to be placed in the jury-box;
I, therefore, recommend that a similar jury board be organized in
this State from the District officers, who, from the list of tax-payers,
may proceed to select persons whose mental qualifications and
moral character fit them for this delicate and responsible duty; and
that only tho names of such persons be placed in the jury-box, with
further authority to the Judge, that if by accident or otherwise,
persons are drawn who do not meet these requirements, to strike
their names from the panel and not allow them to be sworn.
The provision of the new Constitution which secures a homestead
to each head of a family not exceeding in value $1,000, together
with the products thereof, and also $500 worth of other personal
property, is a wise and humane measure, and should induce your
early attention in the passage of an Act directing the manner in
which the details may be carried out. The great advantage of this
measure is, that while it identities every citizen with the soil and
nourishes his love of State and country, it is likewise an induce?
ment to the laborer to save his earnings and invest them in a per?
manent residence, where his wife and children may have shelter and
protection. Equally sagacious is thc provision which secures to the
mumed woman her property held at the time of marriage, "or
which she may afterwards acquire by gift, grant, inheritance, devise,
or otherwise." In most of the States of the Union this law has
long prevailed, and eloubtless it woulel have been incorporated
among thc statutes of South Carolina, bael not its necessity been
obviated by the more inconvenient and cumbrous method of con?
veying such property for the benefit of married women in trust,
whereby they were secured in their property free from the debts and
control of tho husband.
This feature of the new Constitution, however, is moro simple
and comprehensive, anel while it may be objected that both it and
tho homestead exemption will have the tendency to affect credit,
there can be no question that if such be the result, it will operate
beneficially upon society. Nothing, perhaps, has so much clogged
the prosperity of persons engaged in agricultural pursuits in the
South, for many years past, as thc unlimited credit resorted to by
those who always anticipate the products of their farms and plan?
tations a year in aelvance. If this evil be checked, it will redound
greatly to the benefit of all classes.
Some doubts have boon expressed as to the constitutionality of
the provisions of thc homestead law, when applied to elebts already
existing; but a careful examination of the decisions which have been
made in other States settles the question beyond peradventure, that
tho General Assembly has the authority to apply thc exemption to
existing debts, even such as may now be in judgment and execu?
tion, as well as to rature elebts.
In the case of Morse vs. Gould, 1 Kernan New York Reports,
page 281, Sept., 1851, Juelgo Denio, of the Appeal Court, said: "I
regard the Act of 1812 (extending the existing exemption laws to a
team and to certain householel effects) as a provision clearly within
the competency of the Legislature, and one which they might law?
fully apply to all future proceedings in courts, whether such pro?
ceedings should relate to existing or future causes of action."
In this case there was an execution against the defendant
when the exemption law was passed, and it was held that the law
was constitutional even as against the executions which had been
issued previous to that timo in one of the courts of the State of
New York.
In the abstract made by the reporter of Juelgo Denio's opinion, it
is held: First. The Act exempting certain property from levy and
sale on execution, (statutes 1812, page 103,) applies to judgments
and executions cm elebts contracted before as well as after its pass?
age. Second. This Act merely modifies the remedy for enforcing
contracts, and neither destroys it nor substantially impairs its
efficiency. Therefore, it eloes not conflict with the provision of the
Constitution of the United States forbidding any State to passai
law "impairing the obligation of contracts" anel is valid.
In the case of Bigelow vs. Pritchard, Judge Putnam, delivering
the opinion of the Supreme Court of Massachusetts, saiel that the
Legislature might lawfully diminish the creeiitor's remedy to enforce
payment, by exempting a part of the property of the debtor from
attachment, or mesne process, or levy, or execution.
Judge Woodbury, in tho case ot the Planters' Bank vs. Sharp,
6 Howard, page 801-330, in delivering tho opinion of the Supreme
Court of the United States, enumerated laws exempting tools or
household goods from seizure, among the examples of legislation
respecting the remedy which might be constitutionally applied to.
exiating contracts.
la the case of Rockwell vs. Htibbell, 2 Douglass, 197, Supreme
Court of Michigan, it ie held "that property may bo exempted from
execution for debts contracted: before thelaw of exemption was
enacted." Similar' decisions vnll bo found in the Supreme Courts of
other States of the Union.
In 8 Parsons on Contracts, p. 552, after a review of many of tho
cases decided in different States, %e Bays: "At tho samo time, how?
ever, it is admitted that a State may moko partial exemptions of
property, as of furniture, food, apparel, or,even a homestead." Again,
on the same page, he says: '3t as to the observed that as to tho
remedy, there can be no clifferenee between a debt existing before;^
and one contracted after the low is made," &c. .' '
The provision, therefore, of the new Constitution, securing* a
homestead and certain articles of property for the benefit pf each
family, is sanctioned by tho liighest judicial'.authority in >{ew YorE,
Michigan, Massachusetts and other States, as well as by legs**writers
of eminent ability; and there is no reasonable doubt that any law
which may be passed by you, to carry into effect tho humane int?n
tions of tlie homestead exemption, will bo sanctioned by th? Courts
of this State and of the United States.
But even were the question doubtful, under the theory of tho
Reconstruction Acts, that tho late Confederate States are out of the
Union, and beyond the operation of thc Constitution of the United
States, tho adoption of thia provision prior to the admission of
South Carolina, would still be strictly valid, on the ground taken by
the Supremo Court of the United States-namely, that State laws
passed prior to 1789, impairing the obligation of contracts, were
valid, inasmuch as the Constitution had not, previous to that time,
exercised any restraining influenco upon thc States.
The indebtedness of very many of the best citizens of the State,
thc destruction of property, and the general disasters that have
ensued, render this Homestead Act and its accompanying exemp?
tion, indispensable to the peace and happiness of thousands of
families within tho limits of South Carolina; and no more generous
or acceptable statute can be passed by the General Assembly, than
that which will at once apply the benefits of this law to all existing,
as well as future liabilities, whether they be in the nature of judg?
ments, executions or otherwise.
Further measures of relief from the pressure of indebtedness will
be required; and inasmuch as the courts are to be re-organized, and
new duties to be assigned to the Sheriffs, it would be wise to'allow
the present crop to be gathered and marketed before claims are
permitted to be enforced.
I, therefore, recommend that all Sheriffs be prohibited from
enforcing executions in their offices, upon debts contracted prior to
the first day of May, 18G5 ; and that Judges bo likewise restrained,
until the first day of March, 18G9, from giving judgments in aU
such cases.
I have thus presented all the information in my possession, with
reference to the condition and prospects of thc State. The accom?
panying documents will furnish you facts in detail, upon which you
may predicate much of your action during tho present session of
the Legislature.
The many changes that have been made by tho new Constitution,
in the organic law of the State, renders a very large amount of new
legislation necessary to carry the samo into operation; and if thc
work is well done, your deliberations are likely to be protracted to
an extraordinary length. Tho responsibilities devolved upon. you
are of an unusually grave nature. But few of those who have
heretofore been engaged in legislating for thc -State, are embraced
in your number; and there will necessarily be a want of faniiharity
with the various duties which you may be called upon to perform.
The lack ot* such experience may, to a certain extent, be com?
pensated by a careful examination of tho questions submitted to
your consideration ; but the solemn detennination on youf port to
do justice to all the citizens of the State, to tho disfranchised as
well as the enfranchised, to the white os well as to the colored race,
will perhaps bo tho best compass by which to steer your course as
legislators.
Most reverently, I invoke the guidance of an Omniscient God in
all of your deliberations, to the end that the material and moral,
the physical and intellectual, the commercial and industrial interests
of the State may bc made prosperous and successful; and that the
ravages which war has so mtldessly scattered, may be speedily
obliterated, and the State be permitted onco more to enter upon an
honorable and progressive career. JAMES L. ORR.
NOTICE TO SHIPPERS.
GEN'L SCTEKISTF.N'S OFFICE, S. C. R. lt.,
December ll, 1867.
ON and after thia dato tho TARIFF by
tho Great Southern Freight Lino,
FROM COLUMBIA, will be aa follows, viz:
Cotton per bale, to New York.$4.00
" Philadelphia..4.00
" u Baltimore.3.25
This route ia guaranteed aa cheaper,
quicker and more reliable than any com?
peting, while tho differenco of insurance,
not amonnting to 20c, ia over twice com?
pensated by difference of rates.
H. T. PEAKE,
Dec ll General Superintendent.
Reduction of Freight Rates by the
Seaboard Inland Air Line Route.
The life of all llesli is blood. The
health of all life is pure flesh. Pur? blood
keeps out all diseases. Tho Queen's De
ight purifies the blood._
CHARLOTTE AND 8. C. R. R. CO.,
GEN'L FnEiouT ANO TICKET AOT'S OFFICE,
COLUMBIA, 8. C., April 8, 1868.
THE following FREIGHT TARIFF, via
this route, will tako effect from and
after this date:
To Now York, first class, $1.00; second
class. 90 cents; third class, 80 cents;
fourth class, 70 cents.
To Baltimore, first class, $1.00; second
class, 90 cents; third class, 80 cents; fourth
class, 70 ccntB. ,
mW Marine Insurance effected on Roods
over this lino at very low rates, as its
steamers avoid Cape Hatteras.
E. R. DORSEY,
April 9 Gen. Freight and Ticket Ag't.
CONDENSED TIME TABLE
.~ F CHARLOTTE AND SOUTH CAROLINA RAILROAD COMPANY,
(J AND ITS CONNECTIONS, TO PRINCIPAL NORTHERN CITIES:
Going North Read Bown. Coming South Read Up.
VIA GREENSBORO AND DA.WILLE.
ARRIVE. LEAVE. I TERMINALS. I ARRIVE. I LEAVE.
j LOOP. M.Columbia.! COOA. M.
11.05 P. M. 11.35 ?' .Charlotte.'11.35 P. M. 11.85 P. M.
4.45 A. M. 5.30 A. M.Greensboro. 7.02 " 7.17 . .?
5.00 P. M. 8.50 P. M. .Richmond.1 4.45 A. M. 8.15 A. M.
(5.15 A. M. 7.45 A. M.Washington.? 5.50 P. M. 7.80 P. M.
9.10 9.45 *' .Baltimore. 3.45 " 4.15 "
1.32 P. M.! 1.82 P. M.Philadelphia.'.... 12.00 M. 12.00 M.
5.08 " '.New York.I 8.86 A. M.
VIA PORTSMOUTH AND BAY LINE.
9.31 A. M. 9.35 A. M.Raleigh.' 3.15 P. M.I 3.20 P. M.
3.05 P. M. 3.30 P. M.I.Weldon.10.35 A. M. 10.40 A. M.
7.30 " 7.30 " !.Portsmouth.| COO " 6.30 "
8.30 A. M. 9.45 A. M.].Baltimore.] 3.45 P. M. 4.80 P. M.
1.82 P. M. 1.32 P. M..Philadelphia.;12.00M. 12.00 M.
5.08 " I.New York.| 8.36 A. M.
VIA PORTSMOUTH AND ANNA.MKSSIC LINE.
7.30 P. M. j 7.30 P. M.Portsmouth.j 6.00 A. M. 6.30 A. M.
2.30 A. M.! 2.45 A. M.Crisfield.10.45 P. M. 10.45 P. M.
8.03 " 8.10 " .Wilmington, Delaware.I 4.45 f? 5.05 "
9.25 M 9.30 ?? I.Philadelphia.I 3.35 14 3.35 "
1.08P.M. I.New York.| 11.56 A.M.
OPTIONAL TICKETS to all points North, good over either routo
named above, cnn be had on application at the Ticket Office, foot of Bland
ing street. BAGGAGE CHECKED THROUGH. For tickets to Columbio
and all points Sonth, via this route, apply os follows, viz:
New York-Ticket office 193 Broadway. A. Stewart, Agent.
Ticket office New Jersey Railroad-Foot of Courtland street, or at the
principal hotels.
Philadelphia-Ticket office Philadelphia, Wilmington and Baltimore Rail?
road, and Continental Hotel.
Baltimore-Tioket office Baltimore and Ohio Railroad, Camden Station,
or on the boats of the "Old Bay Line."
To avoid heat and dost, ania make sure and safe connections, ask for
tickets over this route. C. BOUKNIGHT, General Superintendent.
E. E. DORSET, General Freight and Ticket Agent. June 2