The Abbeville banner. [volume] (Abbeville, S.C.) 1847-1869, 1847-12-08
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OF THE GOVERNOR OF $. CAROLINA.


10 the Honorable Members of the Senate, and
Of the House Of Representatives:
Gentlemen The representatives Of the
good people Of the State, you have met here
to consider Of and provide for their welfare.
The universal frame" is governed by i'm
mutable and unerrng laws-lhc same
yesterday, today, and forever, and all Is
harmony. But humanity is left in its blind
ness and fccblencss, to provide for its own
changing and never satisfied necessities
need scarcely remind you, that the law.
making power imposes on the law yiver
the highest responsibilities which individ,l-
ais can incur in relation to their fellow
man. 1t involves not only the obligation
Of providing for the passing day, but after
generations have a claim upon you, to
which you are bound to rcspond-not that
any thing that you may enact will be i'm
mutabic, but thai your CnactlnCntS may
serve as guides and lights to those that may
come after us. To me the constitution has
imposed the humber, but delicate duty, to
give you from time to time, "intorina,ion of
the condition Of the State" and to recon-
mend TO your "considcration such measures
as shall judge necessary or expcdlent"
And | shall enter upon this duty in the per-
feet confidence, that coming from all parts
OF the State. with full knowledge Of the con-
dlion and wants OF your constituents. you
will readily perceive any omission and
correct any error of my own. Perfection
is not to be expected in the works of man,
and ii few are found who are hardy enough
to question the wisdom Of some of those
laws which have been ordained by al
mighty wisdom for the government Of the
moral world 1t is not then matter of sur
prise, that still more complain of those
which cmanatc from the hand OF man
Some are governed by what might be cha
racteriscd a pcrvcrsty of thought, others
are from defect Of education incapable of
reasoning Alright, and still more numcr-
Gus class are beng ghtcd by their scfshncss
Hence the clamor which is raised not only
here. but every where else where law 90
vcrns, about its delays and uncertainties.
10 frame laws therefore, to meet the views
of every individual, is not imrracticablc,
but any attempt to do so would be produc-
tive OF nothing but anarchy All that can
be attained, is to preserve the old, and frame
anew those best suited TO the wants and ne
cessltles OF the great mass of the people.
There is no one who is conversant with
our general laws, and has witnessed their
effect and operation, but must admire and
approve of their general fitness. The En-
glish Common Law, founded on the wis
dom and experience Of ages, shorn of some
Of its rude proportions by successive enact
ments of our Legislature, and by slow and
cautious Judicial decisions: and moulded to
form suited to our peculiar circumstance
and the genius Of our people, is the great
foundation Of those rules by which we are
protected and secured in our lives, liberty
and property. They may be susceptible
Improvements, OF but as principle of le.
gislalion, would lay it down as rule
thai any attempt to change these great land
marks by legislation, ought to be done with
great care and circumspection. A partic-
Oar case may develope apparent evil, bu
there Is danger in remedying that, other:
of greater magnitude will grow out of the
remedy, and long experience has persuaded
me that the safer course is the correction
of it by what is sometimes stigmatized al
Judicial Legislation, but not therefore th'
less safe or saIutary. 1t is not the pro
vince of the Judge to make the law, but t
apply the principle to the practical con
Germs of life, and it is no cause of wonde
that the wisest are sometimes mistaken j,
lie application, in some Of the infinite va
riety of cases that daily arise. These Ell
rors are developed by time, and the tru
correction is in the correct application q
the we'll settled principle. The great beau