Farmers' gazette, and Cheraw advertiser. (Cheraw, S.C.) 1839-1843, November 29, 1839, Page 10, Image 2
gygMMBWMWiBWBWMIIffC MB.*? !1_
therehy bring v3i a new variety, the mode
i'f r;?;s;ng 'hem may r.i describe J i., a short j
otTipJtss, The marcs and homes mild !
be in g o 1 health and condition. when put J
together. During she period <:t gos'utlon |
he v\f?rk fo be clone by the fcmnlesh ould j
lie moderate, and as she approaches the ;
.i'no of delivery the walk sho fd be suspen- [
ded and her condition a iittie improved, j
'i he ma!'.: should not probably be worked, i
hat p:t? y of exercise should bo given hhn j
jeguhir y, and bis powers ahciM never "v
overt:?xtd. The foals, fbr tiro b st, should i
t)e cir >: pod ?. iwi Un: grasses nve picuty U?
tnrr -se i,o flow of mi;!;. or, if the marcs j
are to S* worked afor foaling, generous
food sb??n d b g v cm th^ir. ir: sufficient quan- :
h;i:--. l :*e yoong will learn to eat at three
r* t 1??i r months old, and may be weaned at!
fcio 4>r s<\. They should be she! ton. d from j
the inrIe?Mvtjeies ot winter, and fed to keep j
then: straight and growing, without being j
forced lo precocious maturity, as is done in j
Knglan k in the racing studs. The object j
of the forcing system is to attain s.z : and j
strength to enable them to contend in" their ;
> - - * c. ? r~_ ,i... i.: .u Th#? !
^^'U 1***1 i4 l\/i I'iVJ "^'1 '^'?* * >*v
UJty. it;o 0 :ks and St Lodger s'akes
iiftvi: i :r u-.io'is tor tfn.-cdurs anJ sportsmen;
imd arc- anntid-y \vm, no' always by the
bvst co!*s arfd til i'.-s, but arc annually the
t nouns of tJf*s?!oying. or -greatly imp .iring
th?; vahic of many good ones. Nature
would indicate that u horse should have at
taincd full age before ho is put to his utinos'
exertions. Foals should be gentled immediately
after tlie'r birth, and they rtrely,
perhaps never forget it. Yearlings also
should bo k?pt growing uniformly in winter j
ns in summer, an I at i) years old should be (
tiallLT broke, and used moderately at three, j
increased in work at 4, and a fillv at 0 wiii
do full work, hut a gelding not be tore six, !
p-rhaps 7. Very often, however, they are ]
broke down b fore tliey are aged 1?y impro '
per man igeiTV ut, and tlier'-hv sev? r.il ot the J
most valuable years of then lives are lost or}
rendered ncaily useless.
A fc'.v objections may he answered to
enable us to come to a close. It is said,
that the skims of the ucfj hreds are fine |
and liable to chafe unci gall. Tho g sir |
fl*iou] I be made to fv, be of good quality
nnd kept soft and pliant, jt is
Hjf3iniit.lV' in-.-.?*TTir y are bad tempered,
arid restive, and unmanageable. Tne
object ion applies not generally bu! to a part,
and a small part only. The fines', and the
best tampered, and altogether the best car
- - n ......m.
ri.:gc norse i ever saw, w.is u i utuiti >'ui ,
of-a Spread Eagle. . And as to th?? restive, J
begin-wi:h them young aud learn them ob?.1
diuiKK-by tim?s, and keep them obedbnt. r
are suffered to'run wild nil fun?or five
j ears ol Jycu should expect trouble, unless
y ou could employ a 44 whisperer." I bad j
a filly whose aire had a decidedly bad tern- j
per, and her dam's sire was equally vicious. :
v5he was worked tolerably well at three
years old, but was inju ed so inuch by another
team thai she was turned out tor the (
season, and the next year refused. She j
Are J me a .Ally, sold for the saddle, and a:
c.o!:, that works kindly, before i sold ij<t, ;
and a butter roadster than' er is rarely to J
be seen. I had two fillies full bred. The j
one was put to work at three years o!?! an?l ;
worked xindly. Ti?e o'her was a -plcrdid j
creature, that I used under tlie saddle ; but j
on one occasion add wiihout requiring tier |
work, but rather to see whe her she would
work, i put her to the plough. As she did
not like it, and fearing she might be injured,
i ordered her s'jipped. i have latterly j
worked a full bred o? the s*une fimilv ; and
another thorough bfcd in the wagon, merely i
to seo that they would work, and they are
now l>o*h valuable brood mares, tlie thor- j
ougli bred a splendid mare, and has u splendid
Ally.
Governor's Message.
- . ? t v .1 T 1 .. V
.\I 0 ciock ro uav, i u< mm>, .vjt,
2B. M's Kxcelleney, Governor Nobie, traita
?r?.';ted t) tho General Assembly, by Col.
H<r:iu!?r". T. Walls, the w ii?i; Message,'
unleh was read !>y him in both I Jons-s.
Kxr.CrilVE DEPAnT.MF.NT, )
(* /? iu.'bi , S. C. Nov 20, 1S3D. \
}'c ,!oi? ' tlizrnsof thr Sanatc
ani H<w fif Rtprescntaiiccs :
I:. tsk'ng u retrospect of the past year,
>.i: nos*. devou-gratitude iscJlod in'o lively
eK'.-reiv, to the Almighty Dispenser of
all good,'; kuvtlio very abundant harvests
< winch Ho'has been pleased to reward
the tc-i's of the husbandman. The teein*:
g earth has brought forth in great prwfu*:a!t
a!', i'.e produo.sof the soil usually euilivnted.
l?Jt these signal blessing.? have
t: cu ;?' c;>mp:toied, in the course of an AljXV
s4 Frovirtence, by visitations of a p&Fnfu]
..no Tfielinoholy character. Disease has
:lH c.to iu portion of our S a'e, and death
has consigned to the omb many emir.ei.t
or:-i vaiuable e!:*/. rs?men, disfn^uishtd
lor t'.e.r shindig v! hies, great talnrs and
^i .bl.'e s* rvicc.s.
As u aicntheT c iha Conf? derauy, Sou h
Carnarirt u? ;*?! ncressr.r f el a .d' pp interest
la : a: I gti.e! w,r< ui the < i.*neral Joveru(eer.t
; and in '.uniting towards ihe various
np-.r: ..V suif'-'u's a'u.'ii may probably, at
ac ear-'. <iav, en ?!. v ' " (b'hbi rations o'
bat'itr'.'sSiout jN' .. 11 i)C at r.rstcd by
one lopii: iif vast tu:i?' .udo, [-regnant with
f jliiTij ;vi 'i< <jr u in'i iw ? s.i*ia bu sil'icl, 1
i;j' an the Tariii e tes'ion. IJy flic Compror:
"i-'j \rt o*. lSlill, i" was providedj tint
tiy me gra<i :el of .'he dc'ies, tfi*
.thntt'd Ii,'; i.r^cgf.: I- vr* to '20 per ecftf. in
1842, ?v:>i*!.( r he :!.tir established
/.i!'-. i . rr,-..:r r, ri the meantime,
>vt! h ; ;,'i' by L'^t the .srime net
C 'Cc?mt.*'? ?, that the
sn.t1 ' \V. v<j !"*-? economical f
iva;,!sf?~ ? f; ' i.: j; ;* Ixjjeved, j
l;?u; .. ; > ; b /.;v 2d r i??r . p. n llieim- j
[rji n:.(r v > .'ti r:- >eV. revenue
i -r f.] :J * e ?>t t?overnm
ti*. T..? ?? ' ? ; > . *'(!* reduction
^ i< ' ' > -1 4 !t ' 1" ?|f|jfJt, J
so*;..- : f1-. . V. ' !; tc? in.)
^ ? ' "A. !,*.. * * ?he ,>ro- ,
^ ' < .h">*? erf'4
not diminished to the lowest necessary |
point, they will, a* all times, afford a con-1
venicnt pretext' for refusing to reduce the
impos'8. !f the people could be made
sensible of the enormouse tribute which is
anntialiy exacted front th'-m, by this indirect
mode of taxation, they would demand
the repeal of such onerous laws, in a voice
which their R' prosfcntaiives would not dare
to disregard. If the Government would
consent to adopt the system of direct taxes,
and attempt to draw such largo sums from
the people, it would soon be discovered that
the t ix-p tying citizens would not, for a mo. i1
meiit, endure the burthen. The very fact, J
that each man in the community would then i
know the precise amount of tax which he 1
paid, establishes tire* soundness of the pro* 1
position, that in a popular government, di- 1
reel taxes are to bo prefe rred to those which I
arc indirect. But if lira change cannot now 1
be introduced into our Federal legislation, 1
the adjustment of the Tariff, upon such mo- I
duioatione as wii! conduce to the peace, 1
harmony, arid integrity, of the Union, is sol- I
emn'y required, as well hy the dictates of 1
wisdom, as of patriotism. The past histo- 1
ry of our country will indicate the ertts
which are to be avoided?evils of a mena- J
cing aspect. The planting States will not
endure protective duties. They will insist, 1
that duties shall be laid txc usively for revenue,
and that 110 more revenue shall be l
raised, than is required hy the economical
wants of the Government The p -ople of
this see; ion contend for a uniform nd valo.
rein duty upon all importations, upon a scule
graduated with reference to d mushed ex
penditures, and the economical demands of
the Government.
From the Comptroller's Report, the following
abstract is obtained, exhibiting the
condition of flic Finances of the S;ato, on
the 1st October, 1939.
The undrawn b dunces of
existing approprialions
amount to 6108,130 25
The usual and necessary
appropriations for the
rear 1810, 6282,420 00
Making. C'J'JU.OOO 25
To meet tlu> 4>tyiVeut of
- -tnTicli. ill* re is ea\h in
tho two Treasuries .
October l*r, 1839, 113,067 68
And nelt amount of taxc9 J
to be collected ia 1940, 290.000 CO
Making, 6108,087 68
Which will leave only a balance of about
$12,500 hi the Treasury, on the 1st October
next, without the prospect of any re.
cepts until the faxes shall be collected and
paid into the Treasury, in May and June
1841.
It is important to know the precise situation
of t ie State, in r? 1 ition to the debts
due by it, and the 'Unas belonging to it, to
meet those debts. For this purpose, I have
caused a statement to be prepared, giv rig
tins information, and herewith communicated.
From tins ducumen', the following
general result is obtained :
Aggregate amount of
lunds belonging 1o
i he State, 63,680,630 21
Do of debts
due by the S.at'*, 3,039,243 81
Balance i:i luvor of the
State 6591,588 40
i* < ;? ,*c nmniT tn state. that in the
UUI II 1.1 ? ?
amount of debts, duo hy t!ic State, is included
the I) posito of 81,051,422 09 of tl?c
i surplus revenue of the United S ates. In
I addition to the above liabilities, the State is
j responsible for the rebuilding of Charleston,
and tortlie guarantee of tin* two millions
| io. n, fof the Lou'svifft, Cincinnati, and
I C-'iariestou R ?tl llond.
j The B.inii of the State of South Carol;J
Tin is in a sound con htion, and under the
j prudent rn mjigerncnt c f an efficient Dircct!
ory, and able and assiduous officers, it mcr.
its ) our continued confidence. The profits
of tins institution, fho present year, are
J 8210,000, wliieh sum lias been carried to
| the Sinkinu Fund, now amounting to
. ?919,1158 30. 8900,900 of this amount
j wi:l be applied, or< the 1st January next, to
j pay the hold' rs of the C per cent. Stock of
'his S crea'ed under an act of the Leg
I isiaturo, passe) in 18*^0, and redeomuble on
! ?lio above mentioned day. I herewith subj
iVill the Annual Statement of the Bank,
i The true condrion of th?. Banks of the
J S a t, is at all times, n subject of derp interest
Ui the people, but more especially at a
j crisis like the one in which we ure now
| placed. For the purpose, of exhibiting to
1 the public their present situation, I applied to
them for statements, shewing their respec*
I live liabilities and assets. With a praiseworthy
promptitude, each of thorri respond,
ed to the call, bv furnishing me with re|
ports on the several points of enquiry, which
: 1 now lay before you for your information.
The country was just recovering from
\ the shock wbicli tbe revulsion of 1S37 had
! produced, wi?on aiiomer crisis m our muuv
J lary afn?rs, accompanied by the suspension
j of specie payments by sonic of the Bunks,
| lias again thrown the business and commerce
of the community into confusion.?
j The frequency of these suspensions, do*
j ruons'rates the existence of some inherent
vices iir the Banking system, or misrnanag>
merit by those who control its operations,
and administer i:s affairs. It becomes your
I d ty, as the guardians of the rights nnd
! interests of the people, to take core that tho
! Bepublic receive no detriment. You ore
urg? d by every consideration of sound policy,
and a just regard to tho welfare of the
country, to probe the evil to the bottom,
arid, by the application of the proper remedies,
to bring back these moneyed corpora,
lions, to a healthy performance of their
functions. Indeed, the B.inks are as much
mi crested in the iiiWs*; gal ion nnd reformation
of Tfiese defects, as tho community ;
fur, without an efficient remedy, the Bank,
ing sys cm must terminate in convulsion,
which it is the interest of all to avoid. If,
however, the misch?"f recoiled upon tho
Bunks nlono, then it Would be a matter,
.wlii'd. vtuu'd nut ecrr-cra the public. But, I
-?- -
unhappily, (he whole community are the
victims of tlie evils which ensue. Tb<>
derangement in the currency, consequent
on the refusal o- the Banks to redeem their
bills in specie, affects the price of the great
staples of our country, which are the ins rumenu
of ail our commercial exchanges ?
The value of property, of every description,
the disturbance of ?ho relations between
creditor and debtor, and in fact, the whole
business of society, in all its ramifications,
experience the disastrous effects of this de.
preciation in the currency. This is not an
exaggerated picture of the evil. The mis.
pension, by the Banks, is a departure from
tiiO purn03e? for which their charters were
granted, and a plain violation of those duties,
which are enjoined upon them, in the terms
of ther creation. The previous history of
the country, in relation to chartered companies,
enforces the necessity of placing new
safeguards to prevent the evils which have
been felt. All charters, which confer cx
clusivo privileges on certain persons, intrench
upon the equal rights of tho rest of
the community. It is certain, tliey require
to be restrained by lefifll tmaemients ; and
yet the charters, by which artificial Dcrenna
are created, ar? held up at containing all the
regulations concerning them, within the
competency of the Legislature. It might
bp. wise and politic, to prevent future evil,
fur tho Legislature to pass a general law
upon the subject of all charters, subsequently
to be granted, reserving the right to make
such further provisions, as may bu required
tok'.cp them within the limits of their np.
propriate duties, and compel them to fulfil
ti e objects of their creation.
? .. -_r
in giving yoj " imuriiiu-twii UI inu vvir
c!i:ion of the State," I should fee! ;liat I was
justly obnoxious totlio charge, of neglecting
one of the most important branches of in*
dustry, were ! to be silent on the subject of
Agriculture. This purs-it of the great mass
of tho people, has claims upon your foster*
ing care and attention. It is (ho source of
ou? wealth, and power, and furnishes the
means of our commercial exchanges. Yet
its importance seems never to have boen
realized hy tho ronetuut?J autKoriti"* of ilir
State ; for !t is a lamentable truth, that while
o'.hcr braches of industry have received an
impulse, by wholsomc laws, the great interests
of Agriculture have been passed by
almost with silent contempt. It is now
time for the State to dismiss from her coun*
scl6 this cold indifference, and to take such
action on the subject, as will pomote its
success. In exploring the causes which
have retarded the progress of the Statu in
population, wealth, and importance, none
is more prominent than tho utter neglect of
this primary pursuit. It cannot bu doubted,
that South Carolina once possessed a soil
of unsurpassed fertility. But this rich gift I
of a kind Providence, has been, in a great
measure, lost by a most pernicious course
of husbandry. A large portion of this
once ftourising region, blessed, too, with a
propitious climate, has boon reduced to ster* i
ility. Yet, alt hope of reclaiming and res- J
toring to its wonted productiveness, our ex*'
h'luatcd soil, is not in vain. It is a nenefL
cent provision of a poo J Providence, that]
beneath the surface of the earth, are to be j
found substances of tho most fertilizing
qualities. Their discovery, however, requires
the application of science, and means
seldom possessed by individuals. It is,'tn
such a case, that a wiso and patriotic L**gislulure
should extend its aid. But to subserve
fully, the interests of Agriculture, the
Legislature altould not confine its operations
to n Geological Surrey alone. With
this should be connected nn Agricul'ural
Survey. While the former would bring us
acquainted wi;h idl the substances which
eater into the composition of that portion of
the earth to which we con have access, the
latter will elicit a mass of information, in re.
lation to every thing that concerns agriculture,
which cannot fail to be highly useful.
In other countries, the utility of agricultural
surveys has been folly proved, by the volua.
bio results* Hu% in carrying into effect
such surveys as have been mentioned, the
value of the results would depend upon the
selection of on individual, possessing the
highest qualifications, combining a profound
knowledge of the subjects of invcstigMion,
a sound discriminating judgment, and an
t.nii.'mrm ftn.i imtniiirv. The expense
Ulfllllll^ 4 U i u?i?? v t
of such & project, akould not be weighed
ngniusl the incalculable importance of the
end proposed. Being deeply impressed
wiili the practical usefulness ofsuch surveys,
I earnestly recommend that you provide for
their accomplishment.
But while the development of ihe physic*
a! resources of our country should claim,
so large u share of your serious attention,
popular education ought to hold the firs'
place in your cs imation, It is knowledge,
intellectual, moral, and religious, that consti.
I tutes the man. Without its possession,
wealth would bo a curse, instead of a blesj
sing. B< sides, the stability and permanence
of our republican insti utions, have their only
guarantee, in an intelligent, moral, and rejig,
ious population. Hone?\ tins important
subject has commanded the warmost re*
gard, of those who have preceded us. The
establiscmcnt of tho College, and the adoption
of the Peer School system, are enduring
monuments, to the memory of those, by
whose sagacious efforts they were brought
into existence. The former, from small be.
ginning*, has risen to a proud eminence
among the literary institution^ of our gr-ai
Confederacy, ane is annually sending forth
a band of we!) cduca:cd youths, the future
glory and ornament of their country ; the
latter, although based upon the soundest
principles of a free government, has not
yielded all these benefits which its intrinsic
excellence so iustlv deserved; At your last
session, commissioners wet's appointed, in
evrry election (iintrict of tho State, to examme
and revise the Free School sytlem, and
to report to the Executive such amendments,
o* alterations, as they might deetit useful
Many of these commissiouers,. with a very
commendubio fceal and ability, have dig.
ch rged the important duty assigned to
thcrn, while others have failed to make ro.
ports. In obedience to your resolution, 1
hire piucfc i \lr. repor'9 wh'ch tmro been
| made in the hands of a commission oftwo
! geniitton, Professors Elliott and ThornorELt
to bo examined by them, nnd a sysfem
| bedeviled, and submitted to you, at
the pesent session. Their report, as soon
an proarcd, shall be transmitted to you,
with he reports of the district comtnissiones.
It fiords mc unfeigned pleasure, to a::noune
to you. that the College continues
to anwer the high expectations of the
State It is rapidly advancing in a career !
of preperity and usefulness, which must redounc
to the lasting benefit of the country.
It s edily increases in numbers, although
thesnndard of admission is higher than for.
merly. I arden'ly roeommend this noble
institition to your paternal nnd fostering
care. The S ate can only expect to maintain
is wonted high character,by an enlightened
population, well grounded in solid
lenrming. and a lofty moral elevation.
lo h free government, there exists a ju-?t
jealousy of standing armies. The history
of all nations justifies this feeling. I's records
are replete w'th instances of their dingcr
to liberty- Our ances'ors had a practical
knowledge on niv? ??hicct, which led
th?m to guard, by constitutional rust notions,
against their inrodufction. Hence, the reliance
of the fmmers ofour constitution, on
tho Militia, and the provision for organizing,
arming, and disciplining it. Hence, the
recognition of the great political truth, that
a weH regulated Mdi ia is essentia) to the
safety of a free State ; and certainly our
ancestors were not deceived, in their estimate
of the dependence which might be reposed
in its efficiency. For the purpose
ofdafensive warfare, it will not be hazarding
too much, to assert that Militia are equal,
if not superior, to mercenery troops. The
nobfest and highest motive that can actuate
the bosom of m in, impels the citizen soldier
to draw his sword, to repel the invader of
his soil, and to defend his altar and fireside.
It may be conceded that, for purposes of
foreign conquest, regular troops arc more
available. But, happy for us that it is so ;
this great Confederacy of Republican
States, is, Trom its character, pacific, and
never can be prone to engage in wars mereI
ly for winning glory, or acquiring foreign
dorrvnion. From these considerations, we
learn the vast importance of a well regulated
Militia. To prepare them to fulfil the
high destinies for which they are intended,
care should be taken, to :rain and discipline
them in times of pence ; but ibis duty applies
more especially to the offences. I am
aware that freemen will not submit to thos<
rigid rule's; which arc applicable to the regular
soldier: nor is tins required. The idea
is not en:crtnined, that the private militia,
man can ought to be, subjected to the saim
degree of rigorous discipline, as a soldier, ir
the regular ranks. Indeed, it is qucstiona
b!c, whether tne attempt to give the private
miltia-man the automaton precision of the
soldier, should be made at all. It is not be lieved
to be essential to the perfection o!
our system, that any such attempt shouli
be made- But the case is widely different
with the militia officers ; th< y may be instructed,
and brought to a high d?gree o
discipline in the military art. And if the
officers have attained to a respectable de
gree of knowledge, it will not be difficult foi
-them in a period of actual service, to trair
their men, in a short time, in all the dutiei
of the soldier. South Carolina bus aeter.
on the assumption of this tden : and all hei
militia laws look particularly to a body o
well trained and disciplined officers. Aim
perhaps to instrument has been morc'usefu
in accomplishing this end, than Brigade En
campments. it will t>o reauny aunmieu
that .hcse assemblages are attended wit'
much inconvenience to the officers and sergeants.
But liberty can only be maititaini c
at the expense of great sacrifices, and tier
n?l vigilance. Exemption Pom inconveni.
ence, would bo on inadequate compensation
for the case and activity of despotism* whioJ
would follow the introduction of standing armies,
in the place of the Militia. Neverihe.
less, the Legislature should scelt to rendei
the performance of his duty ns little oner,
ous as possib e, consistent with the grca
object to be effected. Perhaps the systmr
bears with more oppressive weight on ttu
sergeants, who an; compelled by law tt
<crve r. limited time, 110 matter what mny b<
their means. To alleviate tho burden ai
much at possible, i would repeat the recom
mendation of my predecessor that ration."
should be issued to the officers and sergeants,
of Brigade Encampments. I herewith
transmit the Report of the A<ljut??n
and Inspector General, for tpe year 1839.
Perhaps nothing exhibi's the progress o
civilization more stiikmgty, than well-con
structed highways throughout a country
and surely nothing conduces more to tin
ease and comfort of the citizen. In a com
munity like ours, where the articles transported
by tho planter to market, aru heavj
and bulkv. the necessity is doubly urffem
j w -J ? u
to construct sueli highways as will facilitate
the transportation. Tltu repairs of tlx
roads, by the existing laws, depend upoi
the labor of inhabitants, for not more thai
twelve days in the year. The system oj>e
rates unequally. VV hile the labor hestowei
upon certain portions of the roads is suffi
cient to maintain them in good ord r, it
other portions, the same labor would b<
wholly insufficient. From the face of tlx
country, its unevniness, and the nntuio o
the sod more labor will be required in sonic
sections, than in others. Again, those por
tions of the Country, which he more con
tiguous to'hemarket towns, from tlx?great
er amount of travelling over them witl
heavy wagons, and often from the naturi
of the soil, and irregularity of surface, re
quiro vastly more Work to put and kocj
tiicm in goo 1 order* than other portions
more remote, and mofe favored, in the cir
cumstances mentioned. Hence, one por
lion of tlic inhabitants, is subjected to i
greater degree of labor, than another, nni
not exclusively for their own benefit, hut lo
the benefit of perhaps a tnoro numerott
class, who hjjve expended no I ihor on tln-si
roads. 'Jo remedy this inequality, and in
justice, presents a difficult question. It
hovwv* r, th<> twelve days' hbor, roost iait.i
fully expended, which the inhabitants are f
bound to bestow, would place the highways r
in a serviceable condition, the inconvenience ii
complained of would tic the less regretted, a
But, from the difficulties already pointed a
out, this amount of work, however faithfully n
executed, would, in many places, be insuf. f
ficient to effect the object. Hence, it often c
happens, that the planter has to encounter 1
such u wretched state of highways, as to t
cause great damage of vehicles and horses, ?
and much consumption of time ; and, in i
many instances, the bad condition of the I
roads presents an utter abstacle to further t
progress. It is probable that the induce, j
mcnt which the Legislature, by a late act, i
has held out fur the formation of companies, t
to establish turnpike roads, will fail of its I
purpose, as men cannot be persuaded to j
vest money in any enterpriz'\ without a i
fair prospect of a profitable return, in the i
shape of interest, or dividends. I trust your <
wisdom will be able to devise some remedy, j
for these great evils. Before leaving the
subject, 1 would recommend what has aL <
ready been pressed upon your considers. <
tion, by one of my predecessors, that the j
Commissioner* of tho Roads, throughout <
the- State, should be allowed to commute I
labor, for money, in all cases where the |
person liable to road duty, might prefer it; i
The money thus raised, to constitute a fund, i
! to let out, in contracts, for repairing, and 1
keeping:in repair, certain portions of the i
in t
which the said company mtgU then, or at i
?ny other time, owe: f But, at the same i
#;??o ,1.*. rtimiinnv was allowed, in case it
t v/f imv ? ? ,
1 should purchase th^fUilroad of tho South- j
Carolina Canal arid Rail Road Company,
1 to mortgage tho said road to the said South j i
, Carolina Canal arid Railroad Company, for
: any sum not exceeding two-thirds of the
i purchase-money, and give to the South
i Carolina Canal and Railroad Company, a
lien thereon, in preference to tho mortgage
of the State. The Louisville, Cincinnati,
i and Cliarleston Railroad Company did
purchase th* South Carolina Canal and
Railroad-'0 A large balance, of about
i $900,000 of the purchase-money, still re.
mains iwhich a lien upon the road |
exists, and for which tho road is liable to be
t sold, to raise the money in case of the failure
of tho Louisville, Cincinnati, and
f Charleston Railroad Company to make pay*
i meat. This sum is due the 1st of January
t next. As the South Carolina Canal and
Railroad is the principal security which the
f Sure possesses, for its guarantee of the two
i millions loan, it may be highly important
for i lie S:at? to look to the sufficiency of its
r lien. It seems that tho Louisville, Cincin)
nati, and Charleston Railroad Company canj
not, in time, raise the necessary means,
I from its own stockholders, to meet their
r engagement, iiencc, it becomes a ques.
f lion, which d??eply concerns the Stale, what
i course it ought to pursue, to secure an ex*
I elusive lien, by the removal of this incum- |
. branrp, which stands in its way. It was J
, my duty to give you the information ; it be.
longs to your wisdom, to decide on the
- course you ought to take.
I The Judiciary system, since its hist re
oigunization, seems to perform its functions
. j in a manner answerable to the expectations
j of the Legislature. Yet it seems to me,
i that tho system would be more complete,
' - -f !-r__:? r\ ?Pk?
uy me creation or interior v/uuna. & n?
. former trial and rejection of county courts
r in the State, is not a fair test, by which
. now to condemn them. They were then
t but partially used, and only in the upper
i country. The little progress wlrich this
i portion of the S:nto had then made in intelli)
gence, was calculated to expose them to
contempt and ridicule. But now, a different
i state of thwge exists, and these useful insti
lutions, which prevail in every State of the
i Union, except this, would be found valuable
auxiliaries in the administration of justice,
and in the management of the police of the
t districts. If adopted, the duties now performed
by the Ordinaries, might be advanf
tageously transferred to these tribunals,?
. Tiiey should be vested with jurisdiction to a
; limhcd amount in cases of contracts, and
i misdemeanors. And al the powers now
- exercised by the Commissioners of the
Bonds, iho Poor and Public Buildings,
r should be vested it) them.
, Tire trial by jury, js justly esteemed
; amongst us, as otic of the birth-rights of
s freemen, and is, by our constitution, jenL
) ously guarded against invasion. It is a
i strong defence against usurpation or op
pressiot) in public prosecutions ; and in the
J decision of private rights, usuul'y oflords u
tribunal impartial and at the same time im)
bucd with a useful portion of the neighbor?
hruvl fiM'linrr nnd inte!lim?ner?. Hut. in Ol'O.
e ..... ...0 __ F " r
u port on as tho institution is valuable, and
I high m public favor, should be the caro tn.
ken to render it perfect in is operations.?
- Its necessary tendency, is to deviations
from that exact uniformity of decision,
which, in like circumstances, would render
1 to every one the like measure of justice ;
2 and as far as practicable, without undue re.
s'raints, these deviations should becircutn
i scribed. Whether this injurious tendency
, may not be increased by the various habits
ntid tempers of various Judges, and bow
. 1 f ir, if at all, it would be well |o control rhe
.1 discretion of the Judges, in their summings
I of facts to the Jury, are questions left to
r \our wisdom to determine# So, also, is
s the question, whether it is expedient to afb
tempt any means more effectual, thun the
- practice in appeals, to correct the errors
r, which, under oven the best influences, juries
. ' o \- n e."mult. ir>m ?'rors of n i^xd law and
I
number is accrtaiued to be, 257,117.
Ill obedience to your resolution of laf*
session, requiring me to correspgj^J with the
Executive of Georgia, for the^purpose of
obtaining information or. the subject of the
controversy between that State and the
State of Maine, in relation to an alleged infraction,
on the part of the latter, of that
part of the Constitution ofthclJnied Sta'es
which relates to fugitives from justice, I beg
leave to inform you that I have performed
that duty, and herewith transmit the documents,
shewing the present state of the
controversy. *'
1 irnnsrnit to you the proceedings of the .
Legislatures of several States, on various
subjects of suppose 1 common cqncern to
all the States, wh ch arc laid before you ut
their request.
1 also invite yonr attention to tiie copy
of an act, passed by iho Legislature of thf:
State of New York, 4,to authorize the arrest
and detention of fugitives from jus ice,
from other States nud Territories of i?.o
Uuitod Slates," transmitted to me for tlie
purpose of b< ing laid before you, with a
view of procuri ig the passage of a similar
law by all the Sta;es.
It has been suggested to me, by n communication
from Daniel Brent, Esq., Uni-'
ed States Consul at the city of Paris, inth*
Kingdom of France, that great difficulty
and embarrass man t nr? constantly exper.enced,
by citizans of tin United States,
and othfcr 'persons abroad, from the want
of some-uniform and .simple mode of acknowledgement,
of deeds of conveyance of
realesmte, and oilier properly, ??? mre in tho
,iioveral States of this Union, p.n<i estreated
without the limits of tho United States.?
This matter appears to bo entitled to your
considcraiion. I therefore, in accordance
with the request of Mr. Brcir, Ihy hisfcomJ
! Oiunication before you, containing the project
of a law, to remove tlx? difficulty twt J
embarrassment compluined.of.
It will afford me si net are pleasure, to cc?.
operate with you in all measures, c.i ciliated
to advance the happiness and prgsp- rity <?:
our common country: ami I supp.?ca!e the
Supreme filler of the Ln'vvrse, <o to d.rect
your deliberations, that you.* 1 ibors
may conduce to this bench'*ieiit result.
PATRICK iYOHUD:IS
THE YELLOW FEVER INFECTIOUS !
Extract of u letter from Sr. Augustine
published in the Charleston Courier
"In consequence of the occurrence ?'t
more ihuu one frost, I think it may be siid
that the sickness of this place is at an end
Lieut. Smith, of th'^U. S. service, di d the
day before yesterday# It would seem from
| all that I cvif learn, that a diversity of opinI
ion pie vails, ag to the causes ot disease.-Some
considering them to be local, but a
vast majority of die people believe that th ?
Fever was imported frenn Cliarl. s:o:i. I
have not, as yet, made up my mind on. the
subject; but am engaged in rlieco. icr on of
evidence on both sides, mid from the part'.*?ns
of either doctrine.
.1 - in,.
Tl 10 more I rclluct upon we sui;iu.,,?,
more seriously am I convhuvd ol the trans.
missibi/ity of Yellow Fever, from OiU: place
to another, nnJ the extension qt iiic dsoase ;
provided, the rendition of th?> a'mo^phcre
bo favor able to its propaga.ioh. And yet.
I do not believe the disease to be contiguous,
in the s rict signification of That w?>rd; tier
is it exclusively of foreign origin. For iu
particular seasons, where local causes are
present, and the .atmosphere of.Charleston,
c ?vnnrnri mated by hoot and oila r circunt 4
?*n-~
stances, to that of the West Indies, 1 can j
readily conceive that like effects would flow u
from like causes, and that a northern man, ?
coming under such circumstances, info the w >
j C'ty* would he liable to no at u k " ;
act; or, sometimes, even in pure majtos>?
if facts committed to them. Our provisoes,
as to the drawing ol-juries, seetp well
idapted to guard against the partiality of
ummoning officers, and to secure a panel
ibove suspicion ; but it still sometirnes-'bap.
yens, that a party is obliged to submit bis
ase to jury men, from one or more of whom,
ie has reasons for apprehending injustice,
dthougli he can make no challenge, upon
[ufficient legal ground ; and a verdict is
enderod, which would have been materia",
y altered, by the clnngc of one, or at roost,
wo jurymen, from wh:ch al! iciief; bvap*
)eal, is hopeless. Whether, without any
material change in the practice of our courts,
.he right might not be given to every party
iligant, to strike without cause, one or
more of the juryman, from the list offered
:o him, I also present, as a question for
your consideration, with a belief on my part,
llmt such a right, might bu conferred with
jreat advantage.
The public executions of capital off-tricrs,.
is an exhibition, which is believed to
sxert an injurious influence upon the minds
ind morals of the people. The terror, with
which such scenes should slrilfe.the be-. .
Iiolder, is often converted into sympathy
for the supposed sufferer, whose exit has
sometimes the appearance of-a .sort of. tn?
umph, utterly inconsistent with the Ijcrror, : .
which should t>e inquired by his crime. Iu
all cases, the imagination would invest the
dread sanction of the law, with a horror,
not felt in witnessing the infliction. The
heart which would be hardened by the sight,
might be subdued by the consideration of
the fact, known to occuri but hidden and
clothed in the solemnity of darkness ;and
privacy : and, instead of the wicked suggestions,
and brutal excesses, which often
attend and result from public spectacles or'
suffering, and public discussions of the suf_
fcrers' misdeeds, good influences might attend
thejcalm reflections which would follow
thpillfcMtfty ofthe off -infers' being cut
nfF rttrtail sympathy or support. 'i'h;s is
perha|Mr4^eciu!!y true, in the case of a slave
surro?frfded?s he generally is, by.his fellow
slaves. I tliereforo suggest the propriety
of all executions being conducted in. some
private place, and in the presence of such
pcit-rns only as the law shall designate.
I herewith transmit the Census of liie
free white inhabitants of this Sttp, taken
in pursuance of the act passed^ the las;
cMQQinn n f the Lemsliiturc. Ttjo whole