Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1874-12-10

to $5,74O,016.95. The annual interest upon
this amount will be S344,401.02. The tax
annually levied to pay the interest on this
debt will at all times be held in readiness to
nav all interest which accrues on the new
bonds on and after July 1, 1874, whenever the
exchange shall be effected.
Article XIV, of the State Constitution,
ratified January %, 1873, forbids any in
crease of the public debt of the State by the
loan of the credit of the State by guaranty,
endorsement or otherwise, until the question
of such increase shall have been submitted
to the qualified voters of the State at a
general State election, and unless two-thirds
of the voters, voting on this question, shall be
in favor of such increase. 1t is believed
that this provision will be an efectual guard
against any further increase of the public
debt.
The Supreme Court of the State has decided
that provision, such as is contained in the
present Act, for the levy of an annual tax, is
a contract between the State and its creditor,
and is capable Of enforcement by process OF
law directed against the proper officers of the
State, and furthermore, that such provision
operates of itself not only as levy of the tax,
but as an appropriation of the proceeds of the
levy to the purposes designated in the Act:
Under this decision the provision for an annual
tax remains permanent levy and appropria-
ton, and no further legislation is necessary
from year to year to accomplish the purposes
of the Act in this respect.
These provisions of law, together with the
provision which makes all coupons or interest
orders upon the new bonds receivable for taxes
during the year in which they mature, give
to the new bonds all the legal safeguards
which it is possible to place around them.
I cannot believe that any party, nor even
any man, will hereafter dare to interpose an
objection to the prompt discharge of these
new obligations of the State. Confidence in
these matters is a plant of slow growth.
Once trampled on and crushed, it revives with
exceeding slowness, and fourshes only under
long and tender care. If the experience of
any State should have impressed this lesson,
surely it is the experience Of South Carolina.
1t now becomes our paramount duty to labor
to restore our ruined State credit by the only
means apparently left us-a prompt, un-
hesitating and conscientious discharge ofevery
obligation incurred under the law which
authorizes the consolidation of the public debt.
In this way we may hope, little by little, to
win back some part of that public credit, the
loss of which is among the saddest calamities
which has befallen our State.
In regard to the relation Of the State to the
bills of the Bank of the State, l recommend
that the attention of the General Assembly be
directed to the development of some plan by
which these obligations may be met without
disaster to the State. Toward this end l am,
at present, able to make but one suggestion.
If The State should offer to receive these bills
for all taxes now past due, and for certain
fraction of all future taxes, I am confident an
arrangement might be effected by which the
redemption of the bills might be distributed
over term of years. instead of being permit,
ted to embarrass the State by their compulsory
reception in one body. A similar plan was
adopted in the State of Tennessee, under like
circumstances, in 1868. l most earnestly ad'
wise that the matter be taken in hand by the
General Assembly without delay.
In reference to Trial Justices, he calls at
tention to the provisions Of sections l, q, 22
% and "a of Article w of the State Consti'
tuition. These sections provide for the election
by the people of the several counties, OF JUS
tices of the Peace and Constables. These pro-
visions of the Constitution remain wholly dor
mant and nugatory. In the place Of the sys'
tenn thus established by the constitution, we
have a class of officers called Trial justices
who exercise jurisdiction similar to that
given by the constitution of the State to jus
tices of the Peace, and who are further au'
thorized to appoint Constables.
The election by the people of Justices OF
the Peace and Constables is, without question
a constitutional right of the people, and unless
the present system can be made more useful
and satisfactory, the enforcement of the constl'
tutiona provision referred to will, he is sure.
be demanded by the people. The General
Assembly is responsible at all times tor the
failure to enforce the constitutional system.
Of the practical results of the Trial Justice
system as heretofore administered, he hears but
one opinion, namely, that tits costly, inefficient
and oppressive. The whole number of Trial
Justices allowed by law is three hundred and
forty.seven. Even this number has, ne IS IN
formed, been exceeded by some process in ac-
tual practice. He is convinced that the num-
Der should be reduced Immediately by at least
one-third. The incumbents of these offices are
to a great extent deficient, he thinks, in the
qualities which make useful magistrate.
A revision or repeal of the present provls-
ions of law requiring deposits by insurance
companies of stocks or bonds OF the State or
the United States for the protection OF policy
holders within the State is recommended.
He recommends that Fairfield county be
relieved of the payment of the ku-klux tax,
from the fact that there are no persons In
that county coming within the provisions OF
that law.
AS to the exercise of the pardoning power,
he says: think it is proper that l should
state on this occasion, that in the exercise OF
the power conferred on the Governor by the
constitution "to grant reprieves and pardons
after conviction," l shall endeavor to keep
in view the end for which our criminal laws
are framed-tbe repression Of crime and the
protection of society. The occasion will be
rare and attended by peculiar circumstances
on which shall feel justified in setting aside
the Judgment of our courts and the verdlcts
of our juries.
leave the question of the enforcement OF
the constitutional system with the General
Assembly without venturing an opinion of my
own, but shall deem it my duty, while the
present system remains, to use the power
of appointment now conferred on the Cover:
nor in such way as to give the people Trial
Justices who will know the law and will use
their powers to preserve the rights and pro-
tect the interests of all. This duty will be
onerous and difficult, but I shall endeavor to
discharge it without fear or favor.
Amendments, in some particulars, to the
law in respect to the Board Of State can
vassers are recommended and he also recon-
mends that the requirements of the constitu'
tinn in ranarl to the repistration of voters