The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1866-12-06

unconstitutional by the Supreme Court
or should it be repealed by Congress, the
question under the State Constitution
might then be full of embarrassment.
CRIMINAL LAW.
The establishment of Penitentiary re-
quires material changes In the pnnish-
ments imposed in the Criminal Law
Murder, arson and rape, should be pun
ishcd by death. The numerous cata-
loguo Of felonies punishable by death,
some with and others without the benefit
of clergy, should be abridged, and con-
fnement at hard labor in the Penitentia-
ry be substituted, in most cases. The
extreme penalty attaching to many of
and juries not unfrequently fail to find
real offenders guilty, because the punish
ment is made, by it's enormity, dispro-
portionate to the offence. 1t should be
left discretionary with the Judges in the
Superior and District Courts to punish by
imprisonment at hard labor in the Peni-
Tertiary, or by whipping, in all cases OF
larceny. Punishment by the lash is SO
degrading, thatit should be imposed upon
the most incorrigible offenders alone. a
convict, who serves out. his term of inn
prisonment in the Penitentiary, even for
an Infamous offence, may reform but
one who has been whipped at the public
whipping post, must be overwhelmed
with such sense of shame and degrada-
ton, that he cannot command moral cour-
age sufficient to enable him oven to make
an effort at reformation.
I feel it incumbent on me to call your
attention, specially, to the gross neglect
of duty, on the part of some OF the Sher-
iffs and Jailors in this State, in allowing
prisoners to escape from their custody:
Unofficial information has been received
at this Office, that nearly seventy prison
ers have escaped from the jails of this
State since their custody was turned over
by the military to the civil authorities.
Some of these criminals were under SEN
tence of death, and many were charged
with the highest crimes against society
Every effort to enforce the Criminal Law
and suppress crime, must be unavalllng,
unless the custodians of prisoners who
have been arrested and confined in jail
act with more vigilance and fidelity. The
existing law pronounces the most rigorr-
Gus punishment against Sheriffs and Jail
ors for voluntary or negligent escapes,
and it is found wholly inadequate to
arrest the growing evil. 1t is difficult to
satisfy Grand Jury that their friend,
whom they have aided to elect Sheriff, or
his agent, the Jailor, would permit a
prisoner to escape-their good will to-
ward the delinquent leading them to be
readily satisfied that tho escape resulted
from the insecurity of the jail 1t is even
more difficult to secure the presentment
of the Commissioners of Public Buildings
for their neglect of duty, in failing to
make the jail secure, and hence the pub
lie suffer without a remedy. When bill
of Indictment is found, it is traversed,
and when the DEFENDANTS is finally brought
to trial, positive proof cannot be offered
that the escape was voluntary or negli-
gent, and the defendant is acquitted.
The General Assembly, since 1889, has
been almost annually passing laws, to en-
force the performance by Sheriffs of their
duty in civil and criminal matters, and
the end is as far as when legislation on
this subject commenced. There is but
one means of effecting cure for this
chronic disease-it is to provide by law
for the summary removal of q Sheriff,
either through the judicial or executive
department, for wilful and persistentneg
lect of duty, or for misfeasance or NAL
feasancc in executing his Office. The
laws now provide for the removal of
Sheriff from Office, on conviction before
jury, but it is believed that they have
not been enforced in a single case, since
1882 Is it not notorious that some OF
these officers should have been removed!
Judge Wardlaw has devoted much time
in preparing Bill which will be submit
ted to you, defining the duties and juris-
diction of the District Courts, and en-
bracing the subjects of the domestic re,
lations, and codifcation OF the criminal
law. His long. experience on the Bench,
and his acknowledged ability, will secure
q respectful consideration of his labors.
CONGRESSIONAL ELECTIONS.
The last Congressional eiecGloh III tnis
State was held pursuant to resolution
Of the General Assembly, and there is
now no provision of law for holding fu-
ture elections Although our Representa-
tives last elected, have not been permit
ted by the Congress of the United States
TO occupy their seats, it is the duSy OF OF
the General Assembly to provide, by
general statute, for the holding. OF geno-
ral elections for each succeeding Con
rress The convenience of the people
Would indicate that these elections should
be- ordered biennially, on the day that
members of the General Assembly are
chosen, to wit: The third Wednesday in
October, of each odd year. Representa-,
tives to Congress would thon take then