Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-12-08

land II the Civil Rights Act should lcrcaf
ter be declared unconstitutional by the Su
prcmc Court, or should it be repealed by Con
srcss, the question under the State Constitu
ton might then be full of embarrassment.
CRIMINAL LAM.
The establishment of Pentcntiary re-
qurcs material changes in The punishuents
imposed in the Criminal Law. Murder, ar
son and rape. should he pu,S-tcd by debih
The numerous catalogue Of telonics punisha-
bic hy death, some with and others without
the benefit Of clergy. should be abridged, and
confinement ut hard labor in the Pcnitcnti,ry
br substituted, in most eases. The extreme
penalty attaching TO many Of these felonies is
revolving to humanity, and jurics not unfre
1ucntly fail to find real offenders guilty, be-
cause the punishment is made, by its enormi.
~. dlsprorortionate to the offence. 1t should
he left discretionary with the Judges in the
Superior and District Courts to punish by i'm
prsonmrnt at hard labor in the Pcnitcntary,
or by whipping, in all cases of larceny. Pun
ishmrht hy the lash is SO degrading, that it
should bc imposed upon the most incorrigible
Offenders alone. A convict, who serves on,
his term OF imprisonment in the Penitcntiary,
even for an Infamous offence, may reform
but one who has been whipped at tic public
whipping post, must be overwhelmed with
such scrsr of shame andfdcgradatiun, that
he cannot command moral courage sufficient
t" enable him even to make an effort at rcfor.
n.ntiun
lccl it incumbent on me to call your at
tcntion, specially. to the gross neglect Of duty,
OH the pant Of some of the Shcrins and Jail
ors in tiis State, i'll allowing prisoners to ee
cape from their custody. Il Unofficial informa-
ton las been received ut this oilicr, that near
y seventy. prisoners have escaped frnm the
lalls of this State since their custody was
'nrnod over by the military to the civil au-
t'IorItics. Some of these criminals we're un-
der sentence of death, and many were charged
with the highest crimes against society Ev,
cry ci'ult TO enforce the Criminal Law, and
suppress crime, must be unavailing, unless
the cuStodians of prisoners who have been ar.
rested and confined i'll Jail, uct with more zig
lance and fidelity. The existing law pro
nuunccS tln most rirnrn,,s mi el,,nnnt ,,,,;nS,
Shcriiss aud Jallors for voluntary or negligent
escapes. and il is found wholly inadequate to
arrest the growing evil. 1t is difficult to sat
isfy Grand Jury that their friend, whom
they have aided to elect Sheriff, or lis agent,
the .)"ilur, would permit prisoner to escape
their good will toward the delinquent lead
ing them to be readily satisfied that tic escape
resulted from the insecurity Of the Jail. 1t is
even more difficult TO stcare the prcsentmcnt
of the Commissioners of Public Buildings for
their neglect OF duty in failing to make the
Jail secure, and hence the public suffer with
out a remedy. Vixen bill of Indictment is
found, il is travcrscd. and when the defendant
Is finally brought to trial, positive proof cannot
DC offered thai the escape was voluntary or
negligent, and the defendant is acquitted.
The General Assembly, since 1880, has been
almost annuity passing laws. to enforce the
performances by Shcriils of their duty in civil
and criminal matters, and the end is rs far as
when legislation on this subject commenced
There is but one means of cilccting a cure for
this chronic discasc--it is to provide By law
for the summary removal of Sheriff, either
through the judicial or executive department
Of the Government, for wilful and persistent
neglect of duty, or for msfeasance or malfea-
sancc IN executing his office The laws now
provide for the removal Of Sheriff from office,
on conviction before n Jury but it is believed
that they have not been enforced in single
case, since 1880. Is it not notorious that
some OF these officers should have been re-
moved
| Judge Waralnw has devoted much time in
preparing Bill which will Lc submitted to
you, defining the duties and jurisdiction of
District Courts, and embracing the subjects of
the domestic relations. and codilicution of
the criminal law. Ills long experience on the
Bench, aud his acknowledged ability. will Sc
cure Il respectful consideration of his lubors.
COMMISSIONERS TO TAKE AcK KNowLEDu MEN1
! OF DEEDS, &c. ----NoTARIEs pURLIC
The Acts of the General Assembly confer
upon the Governor authority to appoint "Com.
lnissioncrs to take acknowlcdg dg,ucnt of deeds" {"
! in the several States and Territories, "to be
used and recorded in this State" the Con,-
missi0ncrs to continue in office during his
pleasure The duties of these officers I" in
taking the acknowledgment or proof of any
decd, mortgage, or other conveyance CT eny
] lands. tcnemcnts or hcredtamcnts. in this