Year: 1866

tiary, even for an Infamous offence, may


reform; but one who has been whipped at
the public whipping post, must be over.


whelmed with such sense of shame and
degradation, that he cannot command moral
courage sufficient to enable him even 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 Sheriffs
and JaiIors in this State, in allowing prison.
ers to escape from their custody. Unofi.
cal information has been received at this
Office, that nearly seventy prisoners have
escaped from the jails Of this State since
their custody was turned over by the mill
tary to the civil authorities. Some of these
criminals were under sentence of death,
and many were charged with the highest
crimes against society. Every effort to en-
force the Criminal Law, and suppress crime,
must be unavailiug, unless the custodiaus
of prisoners who have been arrested and
confined in Jail act with more vigilance and
fidelity. The existing law pronounces the
most rigorous punishment against Sherifs
and Jailors for voluntary or negligent es.
capes, 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 JaiIor, would permit prison.
er to escape-their good will toward the
delinquent leading them to be readily sat
is6ed that the escape resulted from the in
security of the JAIL 1t is even more
difficult to secure the presentmeut of the
Commissioners of Public Buildings for their
neglect of duty, iu failing to make the Jail
secure, and hence the public suffer without
a remedy. When bill of indictment is
found, it is traversed, and when the defen.
dant is finally brought to trial, positive
proof cannot be offered that the escape was
voluntary or negligent, and the defendant
is acquitted. The General Assembly, since
1889, has been almost annually passing
laws, to enforce the performance by Sberiffs
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 a Sheriff, either through
the judicial or executive department of the
Government, for willful and persistent neg
!ect of duty, or for malfeasance in executing
his Office. The laws now provide for the
removal of Sheriff from Office, on convic.
ton before Jury; but it is believed that
they have not been enforced in single
case, since 1889 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 submitted
to you, defining the duties and jurisdiction
of District Courts, and embracing the sub
jects of the domestic relations, and codi.
6cation of the criminal law His long ex-
perience on the Bench, and his acknowl-
edged ability, will secure respectful con
sideration of his abors.


TO TAKE ACKNOWLEDGE
MENT OF DEEDS, &o.-NoTAR1Es PUBLIC


The Acts of the General Assembly con.
fer upon the Governor authority to appoint
"Com missioners to take acknowledgment of
Deeds" in the several States and Terrific.
ries, "to be used and recorded 10 this State )"
the Commissioners to continue in Office
during his pleasure. The duties of these
officers, sin taking the acknowledgment or
proof of any deed, mortgage, or other Oos--
veyance Of, auy lands, tenements or heredit-
aments, in this State, or of any contract,
letter or attorney, or any other writing un.
der SEAL" arc very important to the interests
of the public, and some rule should be
adopted to furnish the means of verifying
such certificates with reasonable certainty.
This may be attained by requiring every
person appointed or to be appointed Com
missioner, to forward, within ninety days,
to the Secretary of State, an impression of
his official seal on wax and on paper, to.
gether with his autograph; and upon his
failure to do so, the appointment of each
defaulter should be annulled


Notaries Public are, likewise, appointed
and commissioned by the Governor, and are
invested with grave official duties. The
Secretary of State alone, can certify the
official character of Notary Public, and
he can make no such certificate with safety,
unless he chances to know the handwriting.
Every Notary Public, now holding such
or who may hereafter be ap
pointed, should likewise be required to
forward to the Secretary of State, an i'm
preston of his official seal on wax and paper,
with his autograph, within sixty days, or
his appointment should be revoked.


CONGRESSIONAL ELECTIONS.


The last Congressional election in this
State was held pursuant to resolution of
the General Assembly, and there is now no
provision of law for holding future elections.
Although our Representatives last elected,
have not been permitted by the Congress of
the United States to occupy their seats, it
is the duty of the General Assembly to
provide, by general statute, for the holding
of general elections for each succeeding
Congress. The convenience of the people
would indicate that these elections should