University of South Carolina Libraries
- "S "' ?\ " ~ 1 fc* -U. ti i 1 ' irr^n r TTir r nrTTTii'~m~WMi>r^T~T~mTiT>i iwrmmmwwmm r>imhhi i ?ri \t i ?c~i mwn Tiiflaammudatmmtmr m ->_v-T?rijjn ^ aj |MHg Hfag?^ BY W. Ai LEE AND iltJGII WILSON. ABBEVILLE, S. ., FRIDAY, SEPTEMBER, I I, 18(i(>. VOLUME XIV. NO. -2-2. g^gp????a? !! ????a??? i From the A'cw Ytrk Watchman. bAchel. I sit beside my silent hearth And listen to the stormy wind; It mourns and shrieks, like wretched souls. Whom peace and hope can never find. The clouds o'ercaet the moon to-night, Its pale und ghostly light I see ; The rain is falling thick and fast, The dead leaves falling from the tree. The dead leaves falling on the ground, Where little foot-prinis still rnay be; The wild, wild storm is in my heart, T?? ?_:n: ml. ...I -1. a to nnuiuigc owjr ? u*C l Uli lilt' i O gentle cliihl! O loving heart! O heart tliat grew close into mine! O eyes of deepest, brightest light! . Shine on my bleak heart, warmly shine! The storm hss lulled, the wind is still, My thoughts creep to the churchyard cold ; They oreep beneath the wet. wet sod, Bene*tli the damp and cbilly mold. My heart lies down besido her heart; 'Tis true it long has censed to beat; That little heart had throbbed for mo In winter's cold and summer's heat. Hop liltl* ?lA.n I. -v.:? Had s'.ent, nor dreamed of Btorm or fright; Had nestled iu my boeom warm, And shall 1 leave tier out to night? I see the large, dark eyes o'erflow, The tear drops raining o'er her face ; If she may not couie home with me, Her bed must he ray sleeping place. I seem to hear her loving voice, I seem to see the smiling face ; I seem to feel the dimpled hand Caress my cheeks with uamcles3 grace. These poor pale cheeks with tears are wet, A "lako of tears" is in my heart; lltOM I Q?o lio? f.in.. But she aud I must kiss aud part. O mother of an nngel child I O rkeptic licnrtBo sore and wild I Do you Dot hear Ihc Suviftur sny, "This is the icay, this id the way O Lord of life t my dim eyes Bee The stormy path to heaven and Thee; 0 loving child 1 O weary heart! When may we meet, but never part f T1k>u Christ of God. above the storm Thy voice of pi'ying grace I hear ; Though wild the din, without, within, f. hear it still, low, sweet, and clcar. 1 hear the word, the storm is still; .O Christ of Godl rule in this heart; And take us all to see the child. Where we may meet but never port 1 THE PAST AND PRESENT. A THUE STORY OF A GREAT CHANGE ? ARLINNTON AND ITS PROPRIETORS. The Washington Intelligencer has the |bllo?ingdescription anil narrative: Avicittotho Arlington Mansion and surrounding estate, a few dava since, tilled us with oppressive and melancholy refiecti.? t?? *- ? - .vwiisi fuur yenrii ago ixobert lii. Lea, then a lieutenant colonel of cavalry in the Union array, and now commander-in-chief of the rebel army, wag with bis family in the happjp possession of that magnificent inheritance. More than one half of the estate, consisting of a thousand acros, was covered with a fplendid forest of oak and other timber, and the rioli and productive fields adorned with the hand of culture. To-day what a change. The venerable p.Dcestral mansion ereoted by the honored son by adoption of the father of hisCoun try, and for lmlf conturv bid cultivated and delighted bora?, is now in tbe centre of n yae? oemetery of those who bare fallen id the service of their country. Two hundred and fitly arcea of this estate surrounding the mansion have been permanently appropriated tor burial purposes by the . government, inclosed by a substantial and handsome fence. Near); thousand soldier* have already been there buried, and the number is daily growing larger. In 1853, Mrs.Custis, the moth er of Mrs. General W <liwl in ii>? - -r-r-~r UfctopManaioo, and was buried in a sequestered apd delightful grova near the man* siop?and in 1867 Mr. Custis died, and hit remai&fl were deposited by her side, avasl concourse ?f peraqps qf every rank testify ing their jmpgfjffa for jibe /departed bj their presence at tbe obsequies. ~ * llA ae^itenri grove/ tbua selected bj baa b<5eh trans *qd % two marble columns marking tb? remain ot George Washington Parka Curtis am from lb. ?L ?Ut. med for firwooS Tk%, V3Ug? fit* wUWi?b?? opon ^p ^fli^op land Lhutotau )ffl'3?0 .-'vr.dV/ ,? w& ?jj|^ '' r t ed,and it is nil being put under cultivation by contraband negro labor. Mr. Custis inherited thij estate frotn liis father, who was tlie son of Mrs. Gen. Washington by a former husband. Soon after hia mother died in 180'J, be, then about twenty-five years of age, came hero from Mount Vornon, and with his young | and accomplished wife took up their roai- I donee in Arlington Mansion, which ho h id just then eieeted, and which evermore was their beautiful and cultivated homo. The fruits of this union wore four daughters, all of whom died in infancy, exeept Mary Custis, the wife of General Robert K. Leo, Mr. Curtis' father, John Parke Custis, wa3 an aid-decamp to Washington, and died of a camp fever in 1781, contracted at the siege of Yorklown, at the age of twen. seven years, lie had married at nineteen : years 01 age, Eleanor Calvert, of Mount Air3*, Maryland, a descendant of l!iu second Lord Haiti more, when but fifteen j'eara of nge, and at twenty-three slio was thvis made a widow with four children. Geu. "Washington hastened to Klthati). Md., where tlio husband was siclc, only to see him in his dying moments. This was the only surviv:ng child of Mrs. Washington, the daughter having died some years before, lie was deeply affected, and, weeping, said to the mother: '*1 adopt the two younger children as my own." These were Eloanor Ciistis, then two and a half jenrs of age, who died at seventeen, of consumption, and George Washington l'arke Uuslis, then six months old. General Robert Edmund hoe is th* son of General Henry Lee, of Revolutionary memory, nnd known a3 "Light Horse Harry," ivliose mother was the beautiful Miss Glimes, General Washington's first Ijvo, and whom he celebrated as "iho low land beauty." General Harry Lee was twioe married, liy the first marriage bo bad two children, Henry (an ofticer in the war of 1812) and Lucy. By the second wife ?a Miss Carter, of Shirle}'?ho hail five children, two daughter?, Anne and Mildred, and three sons. The sons were Cbnrlcs Carter, Robert Edmund (the general) and Sidney Smith, the last named an officer in our navy, and now in the rebel navy. General Robert E. Lee was born in 1808, and is, consequently fifty-seven years of ago. He graduated Recorid in his class, in 1829 (Judge Charles Mason, of this city and formerly Commissioner of Patents, standing first in that class), and was assigned to the Engineer Corps as second lieutenant; in 1835 Assistant Astronomer, fixing the boundary between Oliio and Michigan; in 1830 promoted first lionfr?ri finf contain In 1 filQ eerunder Scott, in Mexico, and greatly distinguished, being promoted successively, by merit, mnjor, lieutenant, colonel and colonel, for bis gallantry ; in 1852 super* intendent Military Academy; in 1855 transfeired a3 lieutenant colonel of tbe new regiment of cavalry; March 1G, 1861, prquaptcd colonel of tbe First cavalry; resigned April 25, following, and reluctantly embarked in tbe rebej'ion. Tbe following are tbe children of Gen. Lee: George \Va6biDgton Custia Lee, about 33 years of age; Mary Custia Lee, ftkniit an "VV TT_ 1, T -i . WW . U*. jlxjt . 1; lu&iiugu UUUU?* 27 ; Anna Lee died at Berkely Springs in 18G3, and would bavo been now about 25; Agnes Loe, about 23; Robert E. Lee, about 20 ; Mildred Leo, about 18. None of them linve married except William Henry Fitzhugb, whoso wife, Miss Charlotte Wickham, died at Richmond in 1803. The eldest sod, George, graduated at the head of bis class at West Point, in 1854, and waa a first lieutenant in the corps of engineers when ho followed his father into the Southern service. William Henry was farming upon Whito House estate which | . belonged to the Custis inheritance when . the war opened. lie was commissioned i second lieutenant in the Sixth infantry, but t re^nged in 1850.'' Robert wns Was at a . military school in.Virginia. The sons, it r is well, known, are all officers in ;the-rebellion. The three surviving daughters are with, their mother, who, it is believed, baa ' I.II. J. .1 T Jl j. laiKii^ vgcu m JUJUWlOUrgi f Mr. Oastisat tbetiase-of hia death, own. ed some 200 slaves, who, by his Vill let* 9 to be fire# at the termination of five years 8 from bis deqtb, which period expired Oo| tober 10, 1862* The-most of these slave* j were kept on tlie White froi^e estate, and . allthfe' valdabb per^MX ?e?B*y*ied Sooth;, s abbe 20 of more old i yo??g childreiv.W Arlington. !. Mr. Oosttf mother.<j0iwfd Abe. White 1 House estate and resided 'there when the J became the wife of General Washfngfon. ! >T! .4 GOVERNOR'S MESSAGE. BX BCTTI V B 1 BP A HTM BNT, Com'miiia, 8. C., Scplembor I, ls'iiff. Gcnthuuu of t/ir tfniatc a in/ J/onsr of itlitf!n .t: 1 liavc convened tl?o (Jem-nil Assembly in extraordinary region, lor the purpose of recommending such niiiililicalieiH of existing laws with reference to persons of color as will entitle the ttibnnulAof thin State to ex-ieinf jurisiliolion over llieni in nil cnsi>* Mirli : i ?>r tlicse tribunals as may be beat adaple J l<? lliis end; such en:ic!i>irti(s :is will affect gi eater certainty, us well nt? economy, in the punishment of crime amongst all classes ; and lasllv, sucli inea.->uroR of lelief as, in my judgment, we neccesary, in view of the present condition of the people. It id n striking anomaly, thnl mote than onehalf of nil the inhabitants of ilic Stale ure^ not amenable to trial before the Slate tiihunals. and arc exvtnpt from all liability l<> punishment understate laws. Iii a majority of the Districts, neither Provost nor freedmen's Courts arc in existence, and persons of color perpetrate crime with impunity. Soui'j of their ?nivest offences against society are tried before .Military Com? mission*, but ihu lung delay in bringing '.ho criniiiinl to justice, the necessity oftentimes of removing him to ,i remote place, where a Commission is orgnnized for trial, the ditlicuity of securing the attendance of vitnot-es, and the expense <1 evolved upon the jnosteulor, conspire to render such tribunals \v1i??l!y iik Aieit-nl in punishing the guilty, or detc-ning fillers from perpetrating crime. Where Provost Courts ore organized, the punishments impose J on freeumen for crime are not in conformity to our laws, unci are much lighter than punishments imposed hy State Courts upon white uien fur tlie same olFer.ce!>. The lnws of every well-regulated State should operate equally upon all the inhabitants, and if a while man is panifhable hy death for arson or burglary, thero is no justice or propriety in permitting h frcAilman to rscape for u like ofleiiee with n tine or light imprisonment. 'When our lit up arc so modi lied that all persons may he tried before the same iriliumtl, ami, upon conviction, Fubjenled to the fame punishment fur the mine class ?f offences, all reason for the interference of Federal authority with the iidministialion of justice will have ceased, and no impediment will exist to the jurisdiction of the Slate Courts over till eases, civil And criminal. In the scries of Acts, passed ill December last, known as the Code, there are various di*cri:ninatioiiK against frcedinen, which should lie repealed, and civil rights and liabilities as to crime should be accorded In all inhabitants alike. The laet section of the Act to establish District Courts provides that "the Judges elected under this Act shall not he commissioned until the Governor shall be satiftird that lliey will be permitted to exerciso the jurisdiction committed The Judges have not been commissioned, hnv injr satisfied myself lliat lliev would not l-e per-] milled l?y the military authorities to exercise jurisdiction over persons of color, which was the nniiii purpose in estublishinz the Couits. The District Court ma}', however, bo made invaluable, by increasing its jurisdiction in civil, and restricting it in criminnl cases to offences punishable with less than death, thereby relieving the superior Courts of many cases which rthe despatch of more important business. I therefore rccomuiend that the sittings of the Court he quarterly, or oftener, if necessary ; that nil misdemeanors and felonies now puuishublc by fine, imprisonment or whipping, by whomsoever committed, bo tried in tliut Court; that nil felonies punishable by doath, including the different decrees of homicide, be tried by the Court of Genera] Sessions ; that the offices of a grand jury bo dispensed with in the District Court, and defendants tried 011 indictment without presentment or true bill; that, with the conscut of the parties in civil case*, or of tho defendant in criminal cages, the presiding Judge may hear and determine any cause or indictment without the intervention of u petit jury ; that the petit jury shall consist of t<velv<s and the venire of eighteen ; that in cose of tho acquittal of the defendant, the Judge be authorized to certify, if in his opinion the facts joElify it, that tho prosecution was frivolous or groundless, and when such certificate is givon, thut the prosecutor be IimIiIa flip hit Mid nnall fin nlliap security to prosecpte be required by a Magistrate from a complainant than his own recognizance ; thai the jurisdiction of the Court in civil cases be exteuded to $200; and that the jury be puid for their services by a fee taxed on each case lliey may try. | By the thtriioth section of the "Act to establish Distriot Courle" it is provided "that in every oase, civil and criminal, in which a person of color it t niHv wKSaIi 41? ?- ? ? ? r-rvi *" wi??wm niicwia M|p pi'lWU or property of a person of color, persona of color hall be competent ^ilneeses." The accused in saoh a criminal case, nnd the parties in every euoh civil cue, maybe wituesses, and so may every other person who is a competent witness, etc. The #rat paragraph of this sectipn, admitting persons of color to testify in all esses .where themselves nr their race are direotiy concerned, and excluding Ibemby implication in a|l caws where they are not interested, cannot be reeOn* cited with sound policy or just discrimination. Tbey are admitted in that class of eases wVere their interest, sympathy, association *nd feelings Would be most likely to pervert'their consciences and invite to false swearing, and are excluded from testifying in all <^ms wbero no motive cooldofcUttoexcept that of a depraved heart. The dlaUnetion It illogical and iodefenaible, and U caunot bo denied llmt it has iU fosn<!*$io?Jn a prejqdiceagainsttho ?ui? of the negro. If the rules of evidence ia all the CoarU were W modified i(a to make all persons rod pmtia?compau?nt witaeaapi itt.their otvwand othe^jMiet, Qp ^wb^e daug^r Mold result from j it. Many of Ihc Stale* of I lie I'nioii, ami jo-ve- j | ral of the civilr/.eil countries ofllie oid woild. j ! have tiled the i'.\|irriinctilf nn<l lh?? result proves ! | that the cause of truth unit j'is!:ce Inn been ! I hereby promoted. l'lie object of wry judicial i investijiation is to iiyoerlain thettiilh, ami when ! found, to dispense justice in conformity (hereto. I Willi intelligent'liidnei ni.d discriiiiiuuliiiir ju- | ; ries, correct conclusions will he more certainly | I attained by hearing every fact, whatever may . be the character or color <?f the wiliKW. In tlio fecund paragraph of the feci ion ; ; already quoted, the tlcneral A>seniMv have ! ' reached (Ik- sime conclusion; for in nil cares j ' where persons of color are allowed totestifv, all ! i | persons, inclti<!im; parties, arc declared eompe ; lent witnesses. Would it not he eminently wis? l<? r.itopl the si'ine rule in nil t'ourls, and extend it to nil persons? In civil eases, tlu? testimonyof i erson* of col- : " I ?>p is oftentimes requisite to ?lueelnte the facts ! and secure n just decision. They constitute :i . majority of I he entile population ol thn State, and of necessity are often soli' wit fusses of conI tracts and tiMiisaelions between white persons ! Shall the parties in Mteli eases be denied justice, i hy excluding the only evidence to secure it, he : cause of apprehension that it may lie in a measure unreliable? Would it not be more in ae- j eordnnce with uii established rule, to receive \ ilie c-vitlttiicc and weigh its value? In the law | . c-f evi deiicc, 11 jo diameter mid Minding o( a j , witness g?crt to ufl'uul his credibility, ur.d mil j ' liia competency. Why not, in ilie case of the j person of eolor, follow this rule to its logical con- ! i elusions ? In criminal casea, llin?e considerations weigh I wjtli peculiar force. The negro is readily ik? | ecived and corrupted, and becomes an ea*y pre/ to the machinations of depraved while men; | and punt experience teaches thai he employed j to execute the most dishonest purposes, and ! with impunity ta the principal, because of his ; exclusion n* a witue.?s from the Courts of justice. | Tho eluewd ami cunning continue to put the negro forwurd in tho commission of crime, and ; they go unwhipped of justice, because the law foibi'Jri that the testimony of the negro shall be ; heard. I)oea not the exclusion of persons of color make t.lieiu invaluable uccessorieH to the | perpetration of crime? How can Kociety lie ! protected egasnst llutl largo class of infamous i clime?, now m> prevalent in thinState, unless by making the negro a competent wilneM, we | avail oumelvea of all acccssible evidence to convict the oflemlcis ? And will tlio law of the State continue to oiler a reward to the dishoti1 est lo furtlirr tempt and corrupt the negro? ; The well being of the State materially depends I upon the elevation of this class of our nonuln ! tiou, am] if there wn? no oilier argument in be- j i half of tlieir admissibility to our Courts, the ' tendency of such a measure to elevate their trior- ' ; al iiiiil intellectual character would lie suftioient | The dishoneft may object to the extension of i this right to all ciwiep, because it reduces the field lor hie nefarious opeintioim, but if (he good | nnd virtuous ore protected, society is amply | compensated for tlio chnr.ge. Men of probity I j and integrity have no reason to apprehend Htiy evil cotmeijuonces from the chiinge. The discrimination of Intelligent Judges and juries will | Im a shiehl against unjust charges supported by false swearing, and.the name intelligence will hring the really guilty to condign punishment, i The great increase of crime umoiij* the freedmen, I and the inadequate punishment inflicted by ex- < isting tribunals, make it a high nnd important > duty devolved on you so to modify existing leg- I iulution us will secure a transfer of jurisdiction i i.. it?? r\...r!a ir it... r i?- . I ?v vwm**" '"v "''fib1*'""""0 * l,u*c ' | made do not mcnt ihe approval of 3*our judgment, i will cordially co-ojiernto with you iu attaining the end in any way which your superior wisdom may indicate. The prevalence of crime among the whites, ns we'l aa blacks, in every purl of the State, admonish us (hat the criminal code is defective, nnd that the punishments imposed by it are inadequate to deter offenders. The penalties attaching to cunie ore fine, imprisonment, whipping and death. The death penalty is imposed on conviction for murder, arson, burglary nnd other crimes; but the repugnance of juries to convict and imposo that fearful penalty, except for murder and two or three other enormous crimes against society, often enable the guilty to escape under the most trifling pretext: and even when persons are convicted in such cases, ! iltn JU llutinllu !??? vonntn _ inundation to executive clemency. I There is no proper punishment, nnder the laws of this State, for high niisdcmennorit and | petty felonies. None of llie jails of tho Stute ] are constructed for work-houses, nnd convicts \ sentenced to imprisonment spend their time in idleness. The expense to the State is very great, and, in our impoverished condition, the people canuot well bear the heavy taxation no- , ccssary to support these convicts in idleness. There are m<my convicts who find themselves I comfortably housed and well fed. and who. <>* enipt from all labor, do not rrgard imprisonment as a punisbpient. Tliey are virions, depraved iion-producera; and tlie effort to punish them is really a punishment to the honest taxpayer, whone labor, in pnrt at lean;, is given t<? support them in indolence. The number of convicts will hereafter be greatly increased, and, if the present system of punIshmentabe oontinued, the appropriation* to jailors for dieting prisoner* will l>e greater thaulki expenditure for either of the deportment* of the State Government., To remedy all these evils, I respectfully recommend that yon provide for the establishment of a penitentiary, at Columbia, and appropriate not l?ae than 820,000 Ut ereot ? wan aruuuu i>up penitentiary ouiiuiugs, and to mnko cells for.conviots. Muck of the labor in erecting the ' ri?c*es#ry buildings, can b? performed by the cotivcts themselves- If a favorable site should be selected. convenient to-, sufficient water power to drive all. the machinery that may, he requisite to carry on msnuraCtoi'ia In wood, leather, iron, yarns and cloth, the penitsntirfry may be tosfda nearly i( not qnite self-supporting. Punishments may then, be impoaad.according to Uie enormity of ifie offence ; juries will liuve no Ktntnrion to convicting'the guilt?end convicts, while undergoing purgation for their orlraerf, ' will be oompelled to earn ibeitplollnog and?ubTb* completion 61 the prison and the' doetlew of the requisite machinery wilt' . course, be a'workof tltoe; but, if proper ecow* -j mv is practiced in bq|ldir^j|n4W<t ' expense will hardly be.fell; and.ln tbejnean- i Ume; the cotjvlcti can be anbsittett as bMajfly i id ia&e District jails; whiUtfeeinbrt ?* ??? ? r*n*r\-Xoii ? iih nro nut r< (|iiii(.il (iii tlio liuihliii^s*, van l?? tl<il" llii; vaiiotis iininiifiictiiKM of Icatlicr, Woi'il ami iron, yiclilitit^ a fnn?l l<> llm ^tale to iiH-fl. tin* fxpi>ni;i! of tlieir miImwIi'IU'c. If yon fIiouM li-tcrminc to establish a pottiIfiilinry, il. will In- iicoeBsury that tlic punish 1110111? now iiiij liv law lie no clinniruil as to Ooiifoi'iii lo ilie ih-w | risoh sy.ilein. J)efoio put;pitur from tin* snljcet of tliu criminal law, 1 ?!< i-ite lo invite yonr attention to (|i? necessity f<>r more striiiucnl li'L'inIiition for the supprew j sioii of viiyraiiey. Tl.*> law 'honUl not only provnle for tlio puiii?1ii.ioiU of ill).; ati'l ilir-fo- | lute persons, who arc pormuitciilly ilomiciku, | 1 siioulO i.Mf inl to trimsiviil persons wntiili-ritiy over I lie St-ito, ami \v!io have no viiil.le means of support ; ami tho dijty of enforcing j tiio law k1m>uU l>o <levo! v? >1, nmler s-l i ingeiit. penalties, upon tlio SlioriHV, i irate.* mul Const allies of the povernl lii-striet* Since your ?djitiii'iinifiil in ]'i-cihIm r list, tl.?; Couit. of it: this Statu have, with a 1 nin;_'le opinion, <leelare?l lit" Sl:iy : I.aw nr:?l :i!! nineniimonts thereto uneonstiluUmii-iI. 'Mrs ilei-is-ion li::s proilneed ivst iv.-ni <s 1 *inil <li->.--nli-:!.i<-ti"n in iiiiiny part* of tho State. j l'i:h!ie :i?ei tings* linve tn-cn held in several l>is- ! 11i?:t.-?. !?n?l tl><> Legislature lias been appeal- >1 ; to, in furnish foi*io protection to the debtor rln?B, who anticipate gesscra! sueing in tho full 1 term of tho ('owi#. i After a euivful xaiuinnlifiu of tho opinion of the utile and loaineil Chief .Insliee, ns well nother authorities', 1 fr-el it my ituty to nay that. I entieur fully the opinion o! the Cmii t, and believe that their exposition of tho conelitu- ! lional question is unanswerable. The people of Sot.lli Carolina have hen proverbially law ahiilinir; ninl when nnareSiy reigned f-opreme, lifter tho fall of the Confede racy, lawlessness was universally dir-couraged i hy tho belter classes in every community. ) Now, when civil law is re>-l'>reil and we lire 1 remitted to our own laws and Courts to pro icci i ignis mxi rearess wrnn?? surely no eiti--! /.fii of good repute will advise tumult and vi I olenee agninsl. ' lie solemn judgment ol' the high- j estjudieiel tribunal in the *>tnte. ]n vi?-w of llio eireuinstanecs surrounding us ' ?when it i.-? renv?ml>crcd that the State has ; just emerged from a long and dibits)rious war, j in which not only her sous l?ut hoi resources ! were prodigally bestowed , that our banks lmve j all !> en dcslroycJ ; lhat more than three bun- | ?lr?d millions of j ropei ty have Ik-mi nnuiliila- ! led; dial all the fountains of credit and prop- j criy have been broken up; that otir pystoin of labor has Wen disorganized ; lhat the refresh- 1 inc and revivifying showers have hecn with-J Iu*ld from a parched noil, and that want, if not ; fauiiiii', will keep ghastly vi>;ils in mnnsion nn<l i in liovt?!;\vlicu it U rcmcmhered th it nearly nil 1 of the iniMMriinnls of tlu'Stuie have been uble i to compromise their indebtcdncw to Northern ! merchant* on most liberal terms?surely, the ; creditor clusa will practice forbearance and i give their debtors still further indulgence Jf j compelled to enforce collections, they should, i in the same fair liberal cpirit, make cornpro- I mines with debtors, ao as not to drive them and their families from home, kindred and friends The existing embarrassments growing out of the indebtedness of the country will, like other evil*, produce beneficial result?. Debtors H.:n r..k/i u ?? ii.,:.. ;niAH..a? ?n r. 1 _ % \? III fill's II IU (lieu IIIUUIUOU IV inline lllllll nil? justmetit of their debts, even though they nre L-ompnlletl to surrender their properly. Aa longns their debts remain, interest will be nccumulating in more disastrous bankruptcy. If they surrender their property, now to creators. they can resume their occupations and labor with cheerfulness?knowing that its proseeds will, sooner or Inter, rebuild their broken fortunes. The debtor who desires to comprnmiao with his creditoib has the means of compelling the veriest Shylock to nccept fair terms, or exclude him in nil share of hU estate by assignment, giving liberal creditors the preference, or by voluntary confession of judgment. Believing that no Stny Law enn bo pnesed, pmbracing nnteeedent debts, thnt will not conflict with that clause of the Constitution of the United States which declares that "no S'fclesbull pass any law impairing tlio obligations of contract.'." I respectfully recommend for your consideration fur the relief of lebtors: 1st. Tlmt imprisonment for debt, on mense ind final process, be abolished, txcept in esse [>f fraud ; ami then, ns n punishment for the srimo ratiier than us a means of enforcing pay* merit of the debt. 2d. That no costs he taxed against a defendant, either for the officers of the Court or for the Attorney. 3d. That the Insolvent Debtor's Laws be bo extended as that an}- debtor may, by petition, after doe notice, 6uintnoii in all ilia creditor?, and, upon assigning his estate ond effects for their benefit, be discharged from all further liability, not only sueing, but to all other creditors. Being thus relieved from the incubus'resting on him, the honest and enterprising debtor will go to work with nlocrity and prove himself a useful member to society. Tho Concresa of the United States has iuiIhority, under the Cont-litulion, to pass uniform laws of bankruptcy : but there i3 no pro hibition upon the Stated, and as Congress has Dot exercised ilia authority delegated to them, llio States may, with great propriety, pass such law*?and they will continue of force, until Congrcvs adopts n general banki'U[)t act--which would supercede all Stuto legislation on the subject. The General Bankrupt Act of 1811, passed by the Congress of the United .Slates, extended iiH provisions to antecedent debts, and iu constitutionality was not controverted l>y the Courts. No Constitutional obstacle, therefore, preclude the General assembly frotn incorj oating tho same feature in thelegislation. It is proper hern to remark; that if a Slay Law could be pasAU which could be free from all constitutional objection, it would not protect debtors from suit in the Federal Courts. A creditor residing in the State who had dote rrniosd <o enforce the payment ' of hi* debt, SUIllU I cauujr HBIUIW ? tw B UVU-lxaiuviir, ? ? . if the sura exceeded five hundred dollars, suoh I non-resident could abonoe institute suit id the [ United State# Court, recover judginatit, issue execution and sell the dfabtpi-'f. property. .J^ofr, tvithsUuding the existence of a ptiiy taw. Booh a law would not b?re46?ttixedor enfor* ned in a Fuderol Coui t. ,: !n ' rhe Cortp'lele dfeorgaiiiMthtii of the Ubor of tbe State lo 18Gft.Jre?ullcd in tb? produotiou of vervthort nfwvisWb scft>pe ;?nd to supply the dsftoi^ayJ laW^qnuntitie# of breedrtofts ; have already tweo imparted iota the. ?Ut?f at enormous cost X^liaperfec* organisation of the system of freitWpbr, and the unprecedented d&tfKhr^im^a^ TWViWl-aurtrig 'iffel and Anaaat, thronchoU*tb?< pUfet d* <*ywfdo/frotW ad tiat?m*t?,. ppnroximstmg moniM, of tba e*t*t-?'lh*'ienwe <bt tbd provHion orop^Sd* iUrri\ioQ. I ihvitsyoif MrQMt tadprompt consideration of tb??tihjMt. -> vv'.* +atbilit*i%r.! ?i?W v%Si|'Vll* ' "\r'l f > ' ?' * . V-'. rmnwamaanmammanaMtmasmmm i ** ?> ! m> Foiin?1 political economy or<liunrily con | .Innns tlio fccilini; "I its population l>y tlii* i (tiH'cniiiieiit., iih tlio inovitaMo coni'oipn-ix'cH | nr? to iiifivnsu iillrnes:i, pauperism ami <:iim?\ lint, wIici'u tlio provision crop ?>!' u wliolo pmiii 1 Iry w destroyed by l>lii;lit, or wlicro |>r?>il?to lion is ku.'I'piuIihI l>y Ioiijj continued drouth', | aii'! I lie <1 litii-ncy in trm-o-i 1 to those cause* | iailier llotu to tliu idlcnciM uI tlio jio|mluti'*.n, ; 1 t;tn 'iiity niul sound policy alil;o justify ll;u i (Jovrnitvifiit in lctxlintr or |ti\jug its menus lo * cave ilut peoide from stm vnl ion?tr? nrr. kL (lint. increase of crime, whieh want always products, and to slay emigration to inure favored locitliliis. The pretseiit peptization is itit>i:!Ticienl to tiSI 1 !?? Sail of the Stale, and to dcv lop iU refiiiii-.-es ; and it is n high duty of the t'ovei n:iietil to remove, as f.ir us possible, tin: neii-s-ity for emigration bej'uiid i is borders. The embarrassment of pupp'3 ing fooil for tin- needy will Imj greatly increased niter the first of Octol?er, when the Freednien's Unrcau will cease lo issue rations for the indigent anil helpless whil< s atiil freedincn, who have I'i'tn hereto fore fumidicd with subsistence. You may find it ucccwnry toiiioronno the powers, duties and responsibilities of tlie Commissioners i f this Poor, uinl to organi/.o sueit bodies in all l?isirictsof the State. In mivt of the I'istrictn. laud and buildings have heretofore been ne? ijnired ntid crectul for the whites, but they ni'ist be enlarged, so as to provide ncenmiiiod itioiis f(.r pauper, idiotic and helpless fi eedmen. 'l'he failure of the T'onrda of Commit-ior.ors of the I'oor to ptovide for the helpless, in si ^ great crime against humanity, nnd additional |.. r. .UV1I..1 Ui: IHIJU'M-U Ii_y law agr.lili', such .1 neglect or refusal to pel form prop.-rly tlii.* philanthropic duly. Tlie capitatim tax imposed liy you, nt the last session of the I.og:!.Jaluro, on frecdmen, liasi not generally l>octi collected. The Complroller-licneral, following a suggestion mado hy rnc and approved hv the Altorney?Ueneral, instructed the 'l'nx-Collectors not to issue executions against the frecdmen, (or the capitation tax, tint it the present session of lite Legislature. This was to avoid all conflict with tlio military authorities, arising out of the fact that, our courts were not used for the protection ol" tliu freednion, and no provision was made for the support of the iulirm and lielplcrs. 'NVlientve-r your legislation remits the custody of perrons of color to the State laws, these executions may he issued. I'roper diligence ly tho Slier ill's will enforce the satisfaction of most of these executions, and the fund may tlion ho appropriated exclusively to the support of the class from which it is d. rived. If rl 1.1 - -1 ? ? a? j-/u riiwuiu, ill juiu WICUUIIJ, Ut'ltTUIlIIC IV make an appropriation to buy Hubsistcnce for the indigoiii white and colored, the beveraI Hoards of Commifsioners of the Poor, -would 1)0, perhaps, tho best agent* for its dislribu<lion. To meet any appropriation made, tliere is no resource available, and tha funds can only bo raised by issuing end selling State bonds. Tho credit of tlie State bos heretofore been untarnished, and a reasonable hope id entertained thai bonds issued for such a purpose will command nearly par, in the money markets of the United States or Europe. As tho present is a called session, and you may desire to return to your homes at the earliest daj compatible with your public duties, I shall defer, until the regular session, bringing to your attention the general financial condition of the eitate, or making any recommendation for putting it ou a safo and satisfactory basis. Under tho authority of your Act authorizing tho issue of bills receivable, ill payment of the indebtedness of the State, the Treasurer had engraved and printed bills to the amount, of $390,000> and bus paid out, to the public ofHcere and other creditors of the State, only ?150,000. Most of the Tax Collectors have made their returns, and the legal tender United States notes pai<] into tho Treasury, together with the bills receivable not 3'et issued, wll enable its operations to be conducted without embarrassment until your regular session. Of the bills issued, thero liavo already been redeemed, in payment of taxc?, $72,OuO. Ko appropriation was niado to defray the expenses of engraving and priutiug the bills, Imt tho Treasure*, acting upon my recommendation, advanced the expensrs incurred from proceeds of the loan heretofore authoized to be made. The amount paid by liim was $4,430.12. I recommend that an appropriation be made to cover this amount. If the Treasurer bad declined to make tlio payment in ndvanco of the appropriation, tho Act could not have been carried into execution, without convening an extra seseion of tho General Assembly. At the last session of the tjcnernl Assembly, "full power and Authority" was given the Governor to make "such regulations ns in his opin- ion might he neceppnry to prevent the entronco nnd p oread of Asiatic cholera in this State." / In February last-, I opened a correspondence ( with Mujor-Gcneral Sickles, with reference to " the establishment of a rigid quarantines at all the eenports in the State, which resulted in the c m military authorities' undertaking to establish " and enforce proper quarantine regulations. I ; j nm happy to pay to you that the duties, under orders h orn Gencrnl Sickles, hovo been veil performed, nnd not a single ease of cholera or yellow fever lias occurred within tho limits of the State.. . . Tho work of re organization and rcoonatruc* tion is progressing slowly, but steadily. Our Senators and Representatives have not been admitted to aeats in the Federal Congress, and we have received no relaxation irom onerous taxation, notwithstanding ire have been denied representation. It is bslived, however, . " that onr fellow-citizens in the North and West ' J * will not much longer permit this flagrant injustice to be continued. ThoState Government is entirely re-organiadd the law Courts held their regular sessions <n the spring, and' dee* patched niueh business, v?hich his been anon* nmlptiog for years, nnd very generalljrcle#re<i the criminal dockets. The CotarUof Chancery hare also' been regularly held on df the circuits. The machinery of justice la iu fulkopa^v\ eration, and priysUj righto and publip ?roag*-' * can be enforced and punished. , . " However much all may deplore that throrft* cress of the Stale hsa'been^retarded, andtoedba. perity. piualyxad by log* of forton* aod/onttli^ aod hy yngrt.c^p^V^. w^.apq m.^gly, <?fel fov o\tr people ? lo redouble tbeir tojrrgjpK * #? banish uDava iling regrete? meet advit?i?j> will* * a stout heart and brave hands, and through tlni * pproiiog smiles of grBCious HcnyoD, oupyea ?' '** ' <v?) to Mil": JAMES L.- ORB. > ? f s u?rY?kippw"ii''iM i.ibi*' i QxJit ? " l WhaHt tlifi moetsuiking instance qo,. J record 6f the evil of iotem^dmao* Th?tdf oor flm parents, Adltnv *b* f % ^fcy*ta-~ tb0 'hour ?.b<Mta>ii ?iid* twelve ^iiteirg bi^fft *:Bb&t& Wt^itt " ctte."l>,: *'J '' ' ' *' 1 ?*,? to ft'si'i v!'i'.'iW"'Vjf??;. ,.' *vy'"' . ,!>:vv. W .??* !-' !-r >-. -?i UiJt a;' ... ' ' i^cT'''''. ;> ;