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..'I TOS . alenoe from tho direa tors aek, and I reoom m e u d ^BW?mm0^il4*? Tb? aT.io hia-report xdfilm*, ?od 1 ..JgsWtfgtte^ J;^^JW^*fe*^?ditur?? for the ?er, ?honT?-b?. abated by Yarionsi ferns #drt?ljed, andrfmSm* WP te?; Jta for tbo ' support ,aud , ooastmoUou ojr_ prison,, lor the.. fl?c?l l??r which corn? iced on November 4., 107*. should ba?s)li very able i de in tho oonutry,: report of the Bu rallying /set that toutiary ha* tbyB (*r nopo. ^'in^atit?Tealn; proofJ i coat of ?ho North Carolina State n and our Jowo: iu the, farmer, tho coat rhile iu ^JaVacd material, "being of graulte, iajrr JSL ?on and um i ? - - - ??i ooa *^43,iM7,;Li)? the vost per cell of litaatyaf^of this ?tato, of the same rc?11. m ever* reaoect, is only Sl'OOOV ^itUeJc^JiH than due-third of the oust , IJaardgf IMr^tote again urge that the ,, ebauldpurobaae a tract of land, of easy access to. tho penitentiary, to be need ae a :fann for. tuo prison. ? Tlfby name 100 acres as a sufficient area., and allege, seemingly with - reason,.that such a farm, of good arable land, , properly cultivated and managed, will furuleh all tho breadatu?a and vegotablea, and a large hart of the.meat required, for the use of ' 'the oonviots. As it is designed that the pent - +??t.iary ?hall be as far aa aosalble solf-aus ?-' tabling, and as the establishment of a supply .'^arni. Tu oonneatlon therewith, will contribute to that end, and will bo, from a practical ^polnt pf view, a measure of economy, I re " '-hat tho necessary appropriation be the preaent aeaaion, for tbe pur OOOtmeud that tho necessary appropriation be | , iuad?, 4t the prea ,0haBe of suoh farm. ?' ..... The. number of oonricte iu tbe penitentiary | first day of October, 1871, waa 309; the r nowlu ooftfinemeot i? 218: showing a jtion of 01 dating tho year. The Direct? ors state that this large reduction ia chiefly Axe to tho pardon of many oonviots when near -the olooo of their terms, on account of good behavior during their imprisonment. The Board expreta their belief that-this liberal ex excise of- tho pardoning power has tended i ^greatly to improve the morsla and-behavior i of the convicts, as it holds out to each the hope of; an earlier release aa the reward for exemplary conduct in prison, while hla exer? cise of tho self-restraint thus encouraged, '2 furnishes in itself a valuable discipline to fit ban to reaume onoa more, those rights of oiti .gcaab ip whioh he has forfeited by crime. The Board Invite attention' to the very im portaat fact that tho validity of the title held by the State to a great portion of the land ' roa whloh the penitentiary la eitnated ia again 4n dispute. I recommend that the Atbornev Oeneral bo inBtructod to inatitnte the neces f-eajyr.proceedings to quiet the said title, and ,;' -to defend the. claims ofc the State in the pre ?aahwa. The acoompausing report of the Superln ^ tendeat ofthe Penitentiary, which ia fall and clear in all-necetaary details, will give your honorable bod tea ample information .as to , ibe practical working and coat of the institu ?4 Uon, and tbe.past and. present difficulties en? countered ia Us edioioietration, and tbe re? makes reqnl site for the future; for all or waiefc I ask yoor favorablo ponaideratioa and prorspt ftctioui : ,, ? c The ..Board,of Direoiors highly commend : -the Baperintondent General C. J. Stolbraud. . >lor his.untirin'g anal and efficiency in the dis? charge of bis difficult trust during the paat fber yeare. !, '-..'< - ? ? . ? . ? > .These oommeodatiupB. X am aa anre, are , waB: deserved. Tho Superintendent has ex. fcAbitedin his offl jo adnoinietratlvo end exe ^ffaMive, abiHty, and.although severely tested ?t most oritical periods, be baa risen superior to etrtiy omergoboy. ..,it,*"?..? ? *nb quin ah tins. irt, however, gives?b tho unwelcome new s ?Hall pO* fs aa vancrfng Bonth acf oa? tho Con/ asametsmeor precaution'and In the In-' :t?rosiefhuraan life; be recommends most esrnesflr that Oie General Asumbly will Without delay proTlde law for S compulsory system of yaodaatlon. This how*^aaoa iudicl<!u? recommLiidatlun has mr hearty mrience. and In furtherance of Its object Irecom 1 that the County Commlaslonors of each Ooanty bfrtorthVlth'reauJred topdrebsso the hceesiary Joe matter, and that sll Indigent persona who ' -may he 'unhbl? -t? pay 'for the samo bhall be eordpellcd ? tooubralt to tacctcatlon at. the expense of tbotr re spocttvaoouOtlos, should the local municipal aathor itlfis have failed to rnako.saltable proylalon therefor, ' ? I wonhl also recfOuneiid. that the Superintendent Ji of Education bo Instructed to prohibit, public teach S erf from receiving Into tho' common schools of tho *?'? State any child"whehtt hot fceen Vaccinated.'' "r ? :;1b fhlseotmsotioh the Health OfflcAr refers to the \ ' ftet that In 1873 a eVStem of racclnaUon in' tho pub U? sehocla .of New York (being considered tho fonda mental and most snecessful means of protection M pox,) vas thoroughly organized and ? ?i>c t atdnspeators desunatcd for the work, l'of suadation or now York, recognising ico of vaccination ns a sanitary provont >, haVc Incorporated into Iholr by-laws a ' stvetfon roouirlngf all children attending publlo schools ? tib am vaoefnated, as a pre requisite to their admission. Tho exemption of the people of afassachnsotta for -fteveml years past fror? the attacks of small pox is ?>gteted to ba4ne almostentirely to the medical laws :; *?thal.Btat*,,wh'oh enforoo 'the Yaccluatloa of all jmplJs In tho common schools.' ' *' " ue. Lobby aTso calls attention in hie report, to tho 'TRally Intorcsllng fact thn tho Cinchona or Quinine tree, which is indigenous to Peru, is rapidly dying ?oat. from the constant and increasing demand for its bark. - This ia a matter of special lmportaiico to thoso . wefoqr people who reside withln.the molaiial belt of ?w'lbw wantey, elflo koown fbr mi1. lei no bolng tho most potent. sp< "Vfevorv TA^AmelHcsn Medfqti' AsBoclatlon, having directed ? their attention to this important' subject, Bnd that tho climate of Callfofhla Is well adapted to ?Iii growth ? . or the Cinchona troo, and they bove petitioned Coo ?gresa t4prov!do by law for tho planting, and cnlttva . Uon of It opou tho public lands br tlint State.? I ? . , TJds may bo practically effected by. a prot|is)on In . the laws reuulatlug tbusuxvov of tho publlo lands of ,<ho United State's which'.'shall refpilro each deputy ^nryoyptyodj>p/i|lt''noar c'voxjr corner and' monu? ment oVi tto llnck of survey several of tho scod of the Cinchona (quinine) tree.' ' ?' I woald, thorsfure, recommend yonr honorable ?/ bodioa to memorialize tho Congress of the United . cStates to tho aoeompJIshment of tlio end in view. ; -,You?,early action is also requested upon the oondl Uoa or tbe QoarantlDo bul]ding\ Or Lazarotto, nn. ,.Morris Island, In Ibo harbor or Charleston. Biaco tbe, ?wnplrtlon of theso bnlldlngs, four years ago, as author? ized by law, the rapid encroachment of tho sen on tho shore line of the Island greatly endangers tbotr~ i safety.' - ..?,? i ? ? - ii jiltWoaW moromend that in thannnmd appropria - iWOnai"?al?h;Wlll bo medo for quarantine purposes, 1!' SPWHB9P*J*& ?ttblsct.he taken into consideration , ahd.proylfled for, as.lt will cost the State much less .fn'.tne end to romove or protect tho bnlldlngs now ' WfeJS tn?W'.fl??tr>etloa by tho sos whloh ? ? Woald iieoeatltate a mneh -larger outlay for the crec tlorrof now onos. '??.,.<?? ?: . prfostfOA-no ?xrortrs.. 3 .1 Xttransmlt herewith the first annual report of,tho Staio.lnapoetar of 1'hosphoUe, and ask Toe It your ss rlduu consideration. Tbe phosphate deposits lylug Iu , the beds of our navlgable streams and waters form the l?U?SWJi.?imm^^Lm Mly?oarcVo?riT?tt??<itotbeB&teMahy4mporUnc?,' exclusive of<al?fttlon- ' ' . 1W . By an Act of the Gensrsl Assembly, pusod March JsL 1870rOertftU personsjow kno m>n m the.* Marine CotsKt chlr^ Auditor ? bond, In the penal sum of fifty thousand dollars, conditioned that,they shall make true and j faithful returns to-the said State Auditor, annually, on Uvol o rV(( tnoTed by thttn." ??...? 'It was further conditioned thftt the said grantees "shall punctuAlly pay to tho 8Into Treasurer, annually, ^ th. fay ,1.- atJgautom?rmiMla? p**'"" r"J',*w-*T ton of phosphate rock and phosphatte deposits by them dug, mined and removed daring the year pro ceding.". . , , * imi A? the Buto had Baaltaed bat ? ooinpora? vely inslg-i nlflcant-snm from thisgrant of her.phosphates, which aro estimated by expe rts and dealers In commercial ?fertilisers, to be worth sflVeral millions of dollars, tho General Assembly provided for the appointment or an 1 In?pector of Phosphates, by' an Act approved March Pursuant to tho termb otthat Act on Inspector of I Phpsghatos was appointed by my - dlsUngt?ithod pro - docessor and confirmed bar the Senate. The inspector thus appointed Is generally considered oa well qu..? Bed In ?rery respect for the position, and has achieved a high reputation for skill in agricultural chemistry. He entered upon his duties oa or about tho 10th day of M?re*, 1874. end stnoe that time haa closely do voted himself to them.:? ? ? He states in his report that " the Marine and Biver Phosphat? Mining and Manufacturing Company re? fused] to acknowledge tho right of tho Legislature to pass laws supervisory of their mining operations. Tho a Ulcers of tho company, sctlngmnder Instruc? tions, denied mo tho exercise of authority delegated by tho'Legislature for the protection of the most valuable Interests of the State." lie reports that ho requested tho co-operntlon of tho Sroper elate authorities la the performance of his uttos to the Bute, but that they expressed themselves as belog content to receive from him tho returns of | tho Marine and Blvcr Phosphate Mining and Manu? facturing 'Company, aft mado out r.t tho Custom Houses of Charleston and Beaufort, and that In spite of the leek of their assistance, ho '-used every effort to carry oat the spirit of the law until the nctlon of the officers of tho company became so hostile that it f was Impossible to obtain reliable information." It Is manifest from the charter of the company re? ferred to, which demanded from the company n bond, with the conditions above recited, for the protection of the interests of tho State, that the grantees were placed under a penal obligation by tho State to malte trim and faithful returns of tho phosphato " dug, mined and removed'1 by tho company. The Imposi? tion of such obligation establishes of itself tho right of the State to provide, throngh its own agents, for a ! verification of those returns. Otherwise the State might be mode the silent spectator and unresisting victim of a aeries or returns, total If depriving her of | a large and much needed incoino due her by law. That the returns themselves were not to be deemed conclusive evidence of the royalty duo is made mani? fest by the closing paragraph of the charter, which declares that " the books of said grantees and their I associates shall bo openod to the tnepeetton of tho State Auditor, or agent duly appointed by him fur that purpose." . Nur could tho books themselves be held as final and unquestionable proof of the fidelity of the returns, as they would bo the creatures of the samo party in Interest, and the books exhibited and tho returns for? warded could, with facility, be made to accord, as the 1 capacity and temptation to commit the one fraud presupposes the will to perpetrate the other. The General Assembly recognized tho necessity of such verification in the following provision of the "Act to provide for tho appoint men t of an Inspector of Phosphates, and to declare his duties." Bxo. 8. .?*?*? M And to tho end that tho said 1 Inspector of Phosphates may bo enabled to verify the reports of the quantity of such rocks and de? posits which have been or may be dug, mined excava ! ted and removed, he shall, at all times, have aud bo I allowed, free and uninterrupted access to nil placos where such rooks anddeposlts Ore dug, mined, or ex cavatod, and to all warunouses, or open or enclosed pieces, where such rocks and deposits aro stored, and to all vessels, railroad cars or conveyances in or by which such rocks and deposits are being removed." It is unfortunate that this Act does not provide any penalty for resisting the Inspector in the per? formance, .of the doty enjoined upon him by the Beetlon Just quoted, ,. s I therefore recommend the enactment of a law declaring that any. person who shall knowingly and wilfully resist the Inspector of Phosphates In tho discharge of his duties, or shall prevent, or attempt to prevent, the performance of the same, cxeopt by do* course of law, shall be deemed guiltv of n mis? demeanor, and providing a suitable penally for such offense. I further recommend that all the Phosphato Com? panies under charter from the State bo required by faW to make' to. the Comptroller Gonorol a monthly return, duly sworn and attested, of the number of tons u of phosphato rock and phosphate depos)ts by them d og, mined and removed from the beds of the navigable: streams and waters of the State." This monthly return to be la lieu of their annual return as ?f>w required. . Theac .mysterious, deposits of animal remains, which chronicle ft period of time that wos prob? ably ancient before man walked upon the earth, Cfttae to iis, as tt were, a great charity of nature, Which under tho direction of a beneficent Provi? dence, rev cols bcr treasures'fn timely response to ham an necessities. i The,? total royallty recelvod by tho' State from tho .Phosphate Companies ansonntoas follows : i-^'^ *Pd.^v? ^nM4fcy? ? . ? ? ? 1670.........9 2,460 40 . > 18T1 ......'.'..:.:....,..... 17,655 00 ? ' \18I?..-.?:.:?..i..,'....;;4*o,?er 49 b?W? .-'.?? ? ' 969,411 S3 Bunth Carolina? Inn s i . i 1W0... 9500 00 ? ' 950,011 6? This is a very .Inconsiderable Income from such I valuable franchises. ; The State, however, has tho'powor to protect Itself, 1 Olid should vigorously gusrd Us Interests and enforce its rights In the premises. ? < ? m ? ? rfemu kation. ? There Is no. subject that with greater propriety de. manna your legislative action than that of immigra? tion, or tho comicg into tho State of persons Irom abroad, for permanent settlement. Especially is It do?ir?b1e that tho class of industriell Immigrants who aro skilled In agriculture, and who possess tho requisite amount of capital to purchnto end cultivate'small farms, and thus swell the aggre? gate of our agricultural product?, and cheapen the prlmo necessaries of life, derivable from the tillage of tho soil, should bo encouraged to coino among us. .The attention of tho State Leglslaturo was directed to this subject in lSQ?, and accordingly on tho 20th of December, of that year, an Act was passed "for tho protection ami encouragement of European Immigra? tion." That Act provided for a Commissioner of Im gration At a salary of 91,500 per annum, and appro? priated tho sum of 910,000 to carry out Its objects. The same Legislature bad previously, on the 2ist of December, 1865, granted a charter to tho "South Car? olina Land and Emigration Company, formed '-for the purposo of encouraging the Immigration vifnt while, labor to this State* The plans proposed in both of those Acts were es sentlslly tho same and fatally unwise, both In their Inception and execution. They were designed practically to Incite and fos? ter tho importation of European laborers for hire on the plantations lu tho Slate, with the view ungener? ously to supplapt. tho colored agricultural laborers with whom the State was abundantly supplied, und ! who wcro able, and willing, nod eager to perform a fltir dap's work for- a ftttr'day's waff es. However doslraWo European Immigration may be to our Slate, those plans failed, ns they ought to have failed, and every humanitarian In our. State should havo been delighted at their failure. Under tho operation of the Act first cited a limited number of' emigrants arrived at Charleston, in the year 1907. Pursuant to the 7th section of that Aot they wcro on arrival, duly registered at the office of -the Commissioner "6r Immigration, and wero class! Aod ns artisans, mechanic*, farm laborers, house ser? vants, dca... ? .i They were n<niiy all, If not entirely, from Ger? many, a land that furnishes our oeuntry with a large fraction of its most IntoliJgc-utnud enterprising adopt? ed citizens. Many of them M*ore speedily luiployed by planters in tho Interior at what should bo regarded as a mod? erate rate of wages or about 913 a month and "found" In Provision?.1 ? ' - On arriving st their new homes they found them? selves utterly unfamiliar with the customs and tho language of our people. TboLr wonder was much heightened when the usual plantation ration was Issued to them, consisting of bacon, corn meal, talt and molasses. Their astonishment at being expected to bo satisfied with snch food equalled that of the planters who won? dered at their repugnance to kueh ataplo articles of plantation diet The natural result was mutual dlssstisfsotion, and the return of tho European farm laborers to Charles? ton, whero thoy were humanely provided for by their countryuion, . ." : : .. The vast tide of Immigration which annually pours Into the United States loaves scarcely a ripple of Its miehty stream uj>on our shores. Dtning the year ending Juno 80,1871, there ar p.., rived In the United 8Utes from three hundred end twenty-one tho dred and fifty lmort| " hu Kt " Itli adjacent to the some parallel oflalJiudo with BoatharA itanc*. Italy ?nA?pnln, sad bA? ail the ad vantage* of climate walekjHrey font?, A Tho frnlta of the tropic anil temperate tones, and all the cereals known >o commerce, Qud here a con? genial clttrie. While tho'yellow-pine, oedtr, tho .red and the white oak, the hlckorr and the walnut are among .our, fonts t tsess, ? ? Uor soil will oo in pore favorably with that of most of our sister States? and our seasons aro aa regular, and they are so, tempered that mechanical optl agricul? tural labors may bo prosecuted throughout the entire year. Our climate, too., exceeds In healthfujucss that of many of tho ?northern tfor of States. In proof of this, I refer to the mot shown 1n the mortality tables - of the eighth osnsns of the United States for the decade ending June 1st, 1300?that the number of deaths In' Massachusetts woe one in fifty-seven, wbllo In South Carolina the rate .was one In . seventy-one, tho per contago in tho former State having been 1.70, and in this 1.41. ? We have. In round numbers, fourteen millions of acres of arable land and less than one-third of this In cultivation; the total quantity of lands In this Stute in Improved farms being about fonr millions of ocics, two-thirds of the arable utllU lying fallow. Onr taxes have never been, nor ore they now, exor? bitant. Taxation in the State for tho past four years has not averaged oven nine mills on the dollar for Stste and County purposes, and tho taxes fur the present year, amounting, for all purposes In tho State.snd Comity, to fifteen mills on tho dollar, arc actually far below that figure, in view of tho groat under-valuation of property of all classes, not In tho assessment In all cases but In the estimate on which tho rate of tax? ation, is based. For Instance, the average prico of farming lauds Is about six dollars per acre, while the same lands are valued for taxation at only one dollar and fifty cents per acre. Wo have also adopted the admirable New England system of freo schools liberally endowed with" am plo appropriations, which honccforlh will not foil of application to their vital and sacred object. In ad? dition to all theso manifest advantages of soil nnd climate, there aro several railroads traversing a large section of tho State, connecting with lines running North, making markets of easy access, nnd we have a liberal homestead law, which exempts fifteen hun? dred dollars' worth of real and personal property from execution nnd S'ilo for debt, und Imprisonment for debt has been abolished. In view, therefore, of the pressing importance of inviting Immigration to our State, and to the end that it may bo fostered and encouraged. I recom? mend tbo exnetmentof a law providing that all per? sons who Immigrate to tho State prior to the first day of March, 1875, and engage In the cultivation of the soli, shall receive from the State Treasury a bonus In money equal in amount to tho State nnd County taxes assessed upon their cultivated lands and farm buildings: such bonus to bo paid annually, and to be continued for two years after tiic cultiva? tion of such lands shall have been commenced. The plan I propose contemplates the setting In motion a current of domestic immigration from the Northern Suited of tho Union to our own State. As much to bo desired as Is an immigration into our borders by the hardy yeomanry nnd skillful farm population of Europe, we have no agencies at our disposal by whlnh we can hope to turn the stream of foreign immigration frvm the new States of the West, into which It is steadily flowing. It is practi? cable, however, to secure largo accessions to our rural population from our sister States of the North, which have fewer natural advantages than ours for agriculture, and have n population which is fast becoming extremely dense in prouortlon to their areas. In illustration of this fact I refer to tho census of the United States, of 1S70, which p,lvos the population of Connecticut nt five hundred and thirty-seven thou? sand four hundred nnd fifty-four; that of Massachu? setts at one million four hundred and fifty-seven thousand three hundred and fifty-one; and that of Pennsylvania nt three million fivo hundred and twenty-ono thousand seven hundred and ninety-one. Dividing the number of inhabitants In these States respectively by the number of square miles in their areas, we find that tho population of Connecticut Is nt tho rate of 115 to tho square mile, that of Massachu? setts 1S6, and that of Pennsylvania 7(1; South Caro? lina has an area nearly five times ns large as that of I Massachusetts, and less than half of her population, while tho number of our Inhabitants Is only 19 to tho square mile. In tho State of New York the density or population is 93 to the square mite, and in Ithodo Island 166. If tho Northern agriculturists and me? chanics, who ore now uncomfortably crowded together in tbclr nattvo States, can bo induced to settlo here in any considerable number we will thereby add an ele? ment of Immense value to our population. They-are tho class of men who make great cities out of small towns, and build mighty States in the wilderness. In pursuance or the plan for the encouragement of domestic immigration ns herein proposed, I recom? mend the creation of the otlieo of Commissioner of I Immigration, with such n salary ns In your wisdom you may think proper, and that tho sum of ten thou? sand dollars bo appropriated for tho payment of such salary, and other expenses Incident to the purposes of said nfilcc, namely: The dlsscmluation throughout tho Northern States of correct information in regard to our climate and agricultural resources. Tho Com? missioner of Immigrath) j should bo selected with tbo sole view to his especial qualilicaUotis for the posi? tion, and nno of his duties should bn to travel In the interior of tho Eastern and Middle States, and invite Immigration through occasional public lectures, set tlug forth the value And location uf onr most desirable lands, with ? xoct Information in regard to the mineral wealth, vegetable products, climate and sanitary con - i ditlon of onr State. The duties now devolved upon tho Commissioner I of Agriculture should be performed by the Commis [ sioner of Immigration. TIIC SOUTH CAltOSIXA UNTVXXSITT. This institution is in as.prosperous a condition ns could bo expected under existing elrcniostnncof. The number of stud-nts In attendance during the session ending June Vi', 19T2, was S3. The appropriations made furlts support for the fiscal I fear ending October 81, 1372, were? For the support of the University..|27,8SO.O0 For r. pairs on the University building. 10,000.00 Total.187,650.00 Th? Treasurer of the institution reports that there are twenty-six ihotisnud tight hundred and twelve I volumes iti the Library, but that for the want of funds to repair the books, many valuable works nro being I rapidly Injured. The General Assembly, by an Act approved March I 8, i860, provided for the annual admission to tbo Uni? versity of one benetlciary from each County in the State, such boneticiary students to be appointed by the Governor, on tho recommendation of tho delegation from the County in which such students shall respec? tively reside. I am prepared to maku the appoint? ments whenever called upon pursuant to law'. The Constitution of the Stute requires, in Section I 9, Article 10. that: "The General Assembly shall provide for the main? tenance of tho State University. 1 therefore recommend that the necessary appro? priation be mad.- for that purpose. THE CODK ANW THIS REVtitRP STATUTES. Tho Code of Procedure, adopted by the General Assembly on tho report of the Commissioners duly appoint, il to draft tho same, has been very freely com? mented upon in every part of tho State oh being en? tirely unsuitable to the wants of our people. I note below only a few of the many palpable de? fects of this Code, ns adopted and printed : 1. There aro numerous clerical errors, such as words omitted, proper changes out made, nud the wrong sec? tions referred to. 2. Thecogts which arc provided for nro enormously large, nnd. In ibe I'robntt) Court, they actually consume small estates to satisfy them. 8. 'I ho llmltut'on of actions Is, in most cases, not Sufficiently restricted ; for instance, twenty years ad? verse possession Is necessary to give one a good title to land. 4. Too many notices are required in the conduct of actions. 5. The preparation of appeals is ton intricate and laborious. 0. Tho lien of Judgment is so restricted that a cred? itor can extend indulgence to his debtor only at his I own peril. 7. Tho Code establishes In Ibis State tho Probate law of Massachusetts without incorporating the I Statutes of Massachusetts to glvo It efficiency. 8. Tho whole system of appeals from the Courts of I Trial Justices Is involved in obscurity. 9. The. demurrer to a complaint as therein required, that "does not state facts sufficient to constitute a cause of action," Is, in most eases, a tiap to catch tbo unwary, and as n whole, is n mischievous contrlv | ance. 10. The effort of decisions by Referees is not well defined, nor their legal force stated. 11. The whole system of Kefereea Is unnecessary, nnd amounts only to an experimental novelty for which Suitors In Court aro .compelled to i*y their money. - 12. The cases in which appeals may bo taken ore too limited. 18. The costs attending appeals aro so great as vir? tually to deny to a poor man tho exercise of his right to appeal. ? ? .I IIMMBBaggggg H - ' li'Trtlle it-lWIIbw* the New York Cofiegenerally, It aa far diverge a fron It as seriously to impair tho effldoDoj of tho port!on 1 retained: there being nu ?Bfiu omissions of provisions which are nee?**ary HjKute otnV?aWI'ooupMff wh'?tt!, as lsltAriroresjHji r*la? I^umcrooi/amcnd?ents ?> ihn uido htVe. jfready been nfiae, ondthouldo* iuUdllgeatly esn hodled In it, ifM is tho will of yon.'- honotabfe bodies to ret?i? it intte It our^mia,~ g ; : The aJaring jfialta ft* coaxmlssl* and ctslssten tb&t marUtKcnwdWnwnr and asShlosat?U**Code ot rVoooourc," are fitly rapplemented by tho "Bc Tlsed Statutes" of the State, which form, la the main, a huge bundle of lestl Incongruities, and conflict with -the plainest provisions of our State Constitution. I installoe, as ah Illustration of a palpable violation of a constitutional provision, which is an essential . safeguard fur the rights of a citizen accused of any offense-before tto ;law, tho-following-from' Chapter 1ST, General "Statutes: _ilJiaazioH a parson U <tn hla trial aoquitUd upon tho ground of a varlanco between tbe indict? ment and the proof, or.nponaa exception to the form ?or substance uf tho indlolment, ho may be arraigned again on a now indictment and tried and convloted for the some offense,, notwithstanding such former ac? quittal" This Is In direct conflict with tho 8tntc Constitution, which declares, In Article 1st, Section IS, "No per? son, after having boon once acquitted Hy a jury, snail again, fur tbe samo otfense, be put in Jeopardy of his lira or liberty.", Thuse Statutes contain much that is redundant, nod long since properly obsolete, and much tbatis gene rally acknowledged as obnoxious to our present ad? vanced stage of civilization. ' For example, according tu Chapter 09, a marriage in a public church between persons of lawful ajro freely consenting thereto, and celebrated In duo roll ?rlc?? r-rm la not to be considered lawfnl unless fol? lowed by on act which is usually impossible of Judicial proof. I deem it proper, also, to cull your nttcntlun to tho fact that the General Assembly of 1ST(-72 exceeded Its constitutional powers in tho adoption or Section 19 and SM, Chapter 1%, of tho General Statutes, as ro vised, by the provisions of which Bectlonn changes have been made In the legal boundaries uf certain Counties in the 6tate. The General Assembly have no power to change tbe boundaries of thesa Counties. Their boundary lines must remain as they were wheu the Constitution of the State was adopted, all chunges in thi-m being expressly prohibited by the said Con? stitution, which declares, In Section 3, Article 2, as fol? lows: "The Judicial Districts shall hereafter bo desig? nated as Counties, ami the boundaries of the several Counties shall remain as they are now established, except the County of lichens." A proviso lu tho sauie Section authorizes tho Gen? eral Assembly to organize new Counties by changing the boundaries of any of tho old ones; but tho pro Crtscd chances do not fall within that provision, not elng incident to the organlzatlun of any new County. ' In accordance with the wUhca of the people on this important subject. i,r which I am reminded by th-> dally receipt of tetters froui all parts of the Slate, I rvcomtneud that the General Assembly provide by law for the appointment uf three persons,"learned In the law," whoso duty It shall be to revise and simp? lify the Code of Procedure and the General Statutes, and to render tbem inoro in accord with the peculiar needs of our people than they uro at present. I re? commend that tor the payment of the salaries of these Commissioner*, and fur the liquidation of the contin? gent expenses atlendautiipon the performance of their work, ttie sum of fifteen thousand dollars bo appro? priated; Provided, That their labors be fully com? pleted, and n report thereof made to the General Assembly within one year from the dato of their up polntmunt. The costs attendant upon the administration of Jus? tice, us between man and man. are simply enormous under our present fee bill, und are rapidly conveying the erroneous impression that under our boasted form of republican government the poverty of our people has been entirely furgottcn. From a report on this subject made to me, at my request, by Mr. James A. IJunbar. the elllcient assis? tant In the ollire of tho Attorney-General, I quote tho following: " Under the old system. In all ordinary actions where the amount sued for exceeded $sj,71, the taxed costs up to judgment and execution were $11; when the cases were litigated these costs amounted to not less than $16, and "seldom more than (20. "When the amount was under $$*>."!, the taxed cost did not ordinarily exceed S3. "Under the Code, In ordinary actions, whfre the amount sued for la $100, or more, the taxed costs amount to between $i5o and $40, up to trial, und after trial from $60 to $70, as the case may be. To say that the costs under the Code are from three to three and a half times as great as they were under the old system, Is to express the raliu of Increase iu moderate terms. "Upon the subject of appeal, the Code requires the appellant to give an undertaking in double tho amount of the decree, or judgment appealed from. This seems to be n harsh provision of tho Code, lor this reason: while the appellant, In nearly every ease, could readily obtain an undertaking to'indemnify the appellee for any damage ho might sustain by reason of such appeal,'the undertaking required by the Code makes the sureties of the appellant responsible fur tbe entire amount of the decree or Judgment, thus. In many Instances, rendering it utterly imnosslblo for the party desiring to appeal to procure the required bond. '1 he result of this is, that many cases of ap? peal from unjust and illegal decrees und judgments are abandoned. For tho protection of the rights of the poor man, who should bo especially cared for by the State, I ro commend that in Act be passed providing for tho bringing before Ibc Courts of civil action in forma panperit?thai la,that wbe*h a suitor Is really unable.by reason of his poverty, to pay costs before-hand, or to en? ter Into bond for the payment of the same, should be bo '-cast'' in tbe action, lie bu allowed to begin his suit by making affidavit before the proper officer of tho Court, that such poverty renders him unable either to pay costs beforehand or to give bond for tho payment thereof. KNCOrUAOr.UEST Or MaXtfKACTL'RXB. It Isa matter of vital and growing Importance that tho General Assembly should encourage and foster the establishment of all classes of useful manufactories in this State. Kspecially is it essential to our material prosperity that the manufacture of cottou goods among us should be speedily and largely Increased. The more varied the Industries of a people are, tho more general Is their prosperity. IJy n diversity of occupations all kinds of labor supply are utilized, and thus employment is given to tkonsamla of men, women and children who would otherwise be unem? ployed ie-nny benetlclal pursuits. Authoritative statistics warrant the opinion that not leas than nine millions of persons lu the United States, or nearly one-fourth of the entire population, derlvo their support, directly or indirectly, frum manufacturing employment. The proportion of that das* in this State Is exceed? ingly small, as la also the number w ho own or rent lands, while Die number of agricultural laborers Is enormously great. According to the United States census of 1370, tho whole number of persons engaged iu agriculture in South-Carolina Is as follow*: 'Agricultural laborers.1ti$,A33 Formers and planters .42,.Mti Farm and plantation managers. 179 Dairymen and dairy women. 16 Gunfencrs, nurserymen and vine growers. 10S Stock raisers. 'i Stock herders. IS Turpentine farmers. ft Turpentine laborers. 249 Total.2U6.G5I The whole number of our people employed as operatives in cottou ami woolen manufactures Is only 1,01*4, or 1> ss than 1 iu 700 of (Mir population. Tt et we produce the raw material lu aduudsnce? shipping abroad annually about twciity-tlvo millions of dollars In col inn, which we buy'back, with an enormous tariff added in the form of the manufac? tured article. This lallure to manufacture any considerable por? tion of onr cotton product is not due to any want of material resources for manufacturing purposes. We have an immense surplus of the requisite labor-sup? ply, well adapteil to this occupation, which can bo cheaply obtained, while we have n vast wuter power, which Is tho most economical of all motive forces ap? plicable to the machinery for manufacturing. It requires no labored argument to prove that tho nearer the location of the manufactory is to the Hehls that produce the raw material, tho cheaper (other things being equal) can the manufactured article bo supplied to those who uro engaged in the production or that raw material. One patent reason of this re? sult Is that the manufacturer himself receives the raw material at so much cheaper a price, saving the cost of transportation. Insurance, kv. Yet out- magiiillrcnt waters arc running to waste, within view of thousands of prolific Heids, white with the tleece ot the cottou plant. Uur vagrant streams that now?like Tennyson's "brook"?"go Idly on for over," should have the sound of their failing waters drowned In the music ol a million busy spindles. These streams are never locked np In the ley grasp of winter, but they Mow on perpetually, warmed and brightened by the sunshine of a mild anil genial climate. This splendid material resourco has hitherto been doomed to disastrous neglect by tho unwise policy fos terod In this State. Our people have too long concurred with Thomas Jeiferson In his not sagacious hope, utter? ed In 1-509, that "there should never be In the United Stales, and, least of all, in Virginia, nny manufacturing establishments, but tlint they should bo co-.lined to the hirelings of Buropo." Tho world, 'ho we vor, wns wiser than that great statesman, ihe pulses of nil advancing civilization are throbbing in every stroke of (he multiplied ma [o .MCLUoao? n Founrii r-AOE.] .JU..BBSB COLUMBIA, 8/ 0.] id to !WE Wi W?aJ for-Jfrnaftrtm* ^Yesterday, the poriodJcal Bpiwm of an election was enjoyed by the General As? sembly. The appointment of Jndge Orr to the position of Minister to Russia left, the jadgeship of the Eighth Oironit va? riant. Too people of tu at section indi? cated a desire for Gen., ?amuelMoGowan to fill the place. Thns designated, and, requested by the members of the bar in that circuit, and urged by friends in other parts of the State, Gen. MoGowan, whilo declining to bo u candidate in the technical senBe, and disclaiming all soli oi tat ion, consented to servo in the office, if his friends ohose to elect him. Tbis honorable position he maintained throughout. Added to his conspicuous fitness, in the eminence of his talents, his erudition in the law, his instructive experience, and in those manly qualities of heart which make him a general fa? vorite, this independent and dignified attitude before the Legislature served to conciliate respeot and attraot suffrages, irrespective of party affiliations. Bot party men were keen enongh to see this support going forth from Republicans to one outside of their organization, and they hastened to pnt a stop to iL Their journals and spokesmen raised the hue and cry. The rank aud file were lec? tured upon the virtue of Btioking to their party, of standing by their colors, and of strictly drawing the party line?. They were asked, "Are not Abana and Pbarpar, rivers of Damascus, better than all the waters of Israel? May we not waBh in them and be clean?" It | never ia difficult to arouse the party spirit, and men even of independent mind and character shrink from the parly lash. It was so in this case. Par? tisans with their thralls hastened to their tents and wigwams, their club rooms and other resorts, and comforted thomBelves with practicing the party manual and repeating the party ories. The ooosequence was, they were pre? pared to look with favor only upon one j who had joined their political church, and a gentleman like Gen. MoGowan, admittedly unexceptionable^ deservedly popular, above all question and all com? petition as to qualifications, was, "Without reprieve, adjudged to death, Fur want of well p?~aounoing ahibo'Mh." Tin Seme of Elfrttlnn-Honnlng Debate on CundUIutn. The joint Assembly convened at 1 P M. for the election of Judge. W. H Jones, of Georgetown, was the first to address the joint Assembly. He said that as Republicans, and as a raoe, tbey were making history. They should see to it that it be worthy. He stoutly urged upon them to do no violence to their Republican faith. They should re member and' heed the example of two judges being eleoted to the Supreme Court of the United States expressly to uphold the reconstruction policy in the Southern States. We should show, he said, to the eyes of the civilized world, by electing a colored man to preside over the Eighth Circuit, that we have the talont and learning necessary to the highest stations. He nominated, after eulogistic remarks, W. J. Whipper as his candidate. Humbert, of Darlington, nominated Thompson H. Gooke, of Orangebnrg, as a gentleman, a Republi? can, and a man of ability. Jervey, of Charleston, seoonded the nomination of Mr. Oooke. He deprecated the effeot of sending up to a district composed more largely of white than of colored men a colored judge. Strife would at once be fomented. He desired to make this eleotion a test of principle rather than of color. He did not favor the eleotion of Whippor, therefore, and he was equally opposed to the ohoico of the oirouit, (Gen. McGowan.) It was not advisable to cleot a man standing in direct opposi? tion to the party in power. Elect a dis? creet judge within the party lines, who would quiet the ohronio troubles in the upper part of the State. Sporry, of Georgetown, seconded the nomination of Whipper, and justified the ohoioe of a man of color, by referenoe to the aocept ablenosB of Judge Wright on the Su? preme Bench. Ellis, member from Ab? beville, nominated Gen. MoGowan, as a man learned in the law and a friend of the poor. Boston, of Newberry, proposed the name of Goodlett, of Piokena. Hamil? ton seoonded the nomination of Whip? per. After what had been said there was a propriety and a necessity to elect him, in order to vindicate the raoe as oapable of high things. Thomas, of Colleton, seconded the nomination of Goodlett. Jamison, of Orangebnrg, hoped tho vote would be cast solidly Re? publican and for Oooke. Whipper had no special claims or right to their sup? port as colored men. Robinson, of Beau? fort, made a telling speeob, which, but tion of: iny\ sort.'' General MoGowan woe tho mfcn whom7 the people and law? yers of his section, including Republi Carre 1 hem selves, jpref erred. 8 He stood bead and sh o uldere above ail competitors, towering liko a rbbnriuJn over the sfcnd hills boiow. He supported him and recommenced him to the support of the General Aasumbly, upon the . grounds: 1. That he was a native and a patriot. 2. That he Was the ablest jurist of - all mellt.offetfroflin^^ independent in Bpirit, and above pro-' fessing . what he did not feel. 4. That should he err on the1 ben ob, there' was a fapublibab Supreme Court able' to hold hiuTin check. It could not harm the party to take op merit. If they wished to perpetuate the Republican party and principles, and to make great and lasting impressions upon, the publio mind, let them learn to be magnanimous, to re* gard higher things 'than: mere party ties and associations. Mi nor t, of Riohland, want for Whipper with all his might. Mr. Coehran, of Anderson, closed the nominations by that of - e Mr. J. Scott' Murray, in _a long e?logy. He recounted the history of his candi? date, and represented him as faithful among the faithless, and firm when others quailed. When he (the speaker,) in company with Mr. H?ge, were com? pelled to leave "his home, and take their dubious way over hill and dale, through swamp and forest, to escape violence which threatened them, Mr. Murray proved a friend indeed, and firmer even than blood relations, in kindness to his family while he was thus a fugitive. It would not do to support Democrats. He would prefer to elect Gen. MoGowan bet?re any of his political party in the State, but be did not belong to the household of faith, and that waa fatal to his claims. Democrats ostracised Repub? licans, and Republicans should on all occasions return the compliment. Nash, of Riohland, supported the claims of Mr. Murray, as an honest man, a good lawyer, and in other respeota competent and acceptable He would support him .first, and next Mr. Gooke, and then, if neither should be elected, some other Republican. He had known General MoGowan favorably for the last thirty years, but he would vote oa^prin oiple. Gompetenoy aod parts only make a man the mere dangerous, if he was on the wrong side.. The election was then held,. General MoGowan receiving the larger number of votes, but not a majority. Changes immediately ensued, amid great oonfu sion, noise and turbulence, which, how? ever, were suppressed pretty effectually by the presiding officer. The result waa a majority of votes for Mr. Gooke. The votes stood thus, when the .ballot was declared: Gooke, 85; McGowan, 43; Murray, 2; Whipper 2, Shocking Rajlwad Aocn>*Hx.?? A. shocking accident to two-laboring men, in the employ of . the Central Railroad, is reported to have occurred on Satur? day afternoon, at the railroad wharf in Savannah. They were at work near the traok, and, failing to get out of the way in time, were knocked down by a train backing, and run over. One of the men, named Murphy, had his right leg out off above the knee, and the other Lad his left leg horribly oruehed. iua\! [Augusta Clironide. Wagner, the old blind colored sawyer who used to solicit business with a whis? tle, died in Charleston Monday. 'There is b care el y a person in that city who did not know him and help him. Easter Brown, the colored ohild bnrhed at a plantation near Bee's Ferry, died in the city hospital, Charleston, on Monday morning. Engineer Griffin, of the Wilmington, Columbia and Augusta Road, broke one of his arms Saturday, while uncoupling care. A fire occurred in a building, the pro? perty of Mrs. Ladd, at Winnsboro, on Sunday afternoon; damage slight. Riley Manning, a oonviot, was shot and instantly killed, while attempting to escape, at Raleigh, N. G. 1 ? MEMBERS OF THE ORANGE AND other visitors to the oity should re? member that ovtiry variety of 0IOAE8 and TOBACCO oan be found at the sign of the "INDIAN QIRL." All who ADVOCATE THE RAISING OF Cotton, after an improved principle, will cer? tainly admiro improvement in rejard to To? bacco also, which oan bo- noticed at tho new establishment, where every inducement is offered to*farmera and dealers. Those who admire ELEPHA?T8 Oan be gratified by a peep in the show win? dow._. _ Jan-16 Dissolution. LD. OHILDB having sold out his interest . in Saluda Factory, the firm of CHILDS, JOHNSTON * PALMER is theroby dissolved. The undersigned, proprietors of said factory. Will continue the business of COTTON MA? NUFACTURING, under the firm name of JOHNSTON * PALMER, and will settle the affairs of the late Arm. WILLIAM JOHNSTON, JOHN B. PALMER. Columbia, January 1,1873. Jan 14 3