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Full text of "Proceedings of the Constitutional convention of South Carolina,|bheld at Charleston, S. C., beginning January 14th and ending March 17th, 1868. Including the debates and proceedings"

PROCEEDINGS 




GONSTITOTMAL GOPENTION 



()!•' 



/.' , / 'ii Ckarhst.on, S. C, hngmniitg January 1 \fli, d.nd emling March 

17///., 1868. 



INCLUDING THE 



DEBATES AND PROCEEDINGS. 



IIEI'ORTED BY J. WOODRUFF, PHONOGKAPHK KKi(»HTi;i! 



TWO VOLU.^ES 1!% 0\K. 



PUBLISHED BY ORDER OF THE CONVENTION. 



CHARLESTON, S C. 

KlNri:i) IJY DENNY k P K II i: V 

Vj'i Meeting Street. 

18G8. 



PROCEEDINGS 



CONSTITUTIONAL CONVENTION 



south: oJk.K.oiL.iisrjk., 

Held at Ckar/estoit, .S. C, begi/ming January/ 14/ h "lul PuMiig March 

11th, 1868. 



INCLUDING THE 



DEBATES AND PROCEEDINGS 



RKPORTKl) ItV J. WOODRUFF, PHONOrrR.Vl'HlC REF(»RTER. 



VOL. I. 



PUBLISHED BY ORDER OF THE CONVENTION. 



1^ 



CHARLESTON, 8. C. 

PRINTED BY DENNY A I' E R R Y , 
l(i;5 Meeting Street. 

1868. 



? . 2. 

iv PREFACE. 

large majority of votes declared it to be their will that such a body should be con- 
vened, for the avowed purpose of pnesenting to it a proposition for a change of 
the organic law. At the same time delegates were elected by the people to repre- 
sent them in that Convention. Under the express declaration of the people, tlieir 
representatives assembled and framed a Constitution. This Constitution was, sub- 
sequently, submitted to the people for their rejection or their adoption. The people, 
in the exercise of their sovereign will, have chosen to adopt and ratify this Consti- 
tution as the form of civil polity under which thej"- desire to live, and have ex- 
pressed that desire by an overwhelming majority of votes, and no power but that 
of the people, in like manner, expressing a contrary will, can subvert that law. 

Some very silly, and some very fanatical persons, have pretended to sneer at the 
constitutionality of the Convention of 1808. The sneers of the fool and the vitu- 
perations of the partisan are equally unworthy and incapable of being met by 
honest argument. If argument were available, on their own theory they could be 
convinced of error. 

The enemies of congressional reconstruction, who alone have been the denouncers 
of the legality of the Convention of 1808, have never denied the constitutionality 
and legitimacy of that of 180-3. But a comparison of the two will easily show how 
much the former surpasses the latter in all the elements of legality and constitu- 
tionality. 

The preliminary steps towards the reconstruction of 1805. were inaugurated by 
the Executive in the exercise of what at best can only be deemed a doubtful preroga- 
tive. Those which led to the reconstruction of 1868 were authorized by Congress, 
the law-making power of the nation, and its prerogative to act in this matter has 
been denied by no one. although many have 'chosen to express discontent with the 
mode and manner of its exercise. The Convention of 1805 was called by a direct 
order of the President, and without any application to the people for their sanction 
and approval of the measure. That of 1808, although recommended by Congress, 
was not called until the people had, at the polls, by a large majority of votes, ex- 
pressed their will that the Convention should assemble. The delegates to the Con- 
vention of 1805 were elected by only a part of the people, the great loyal element 
of the country being almost wholly ignored. Those of 18(58 were chosen by all the 
people, save those who had been justly disqualified by their participation, directly or 
indirectly, in the crime of treason. The Constitution of 1805, when adopted by the 
Convention, was adopted as a finality, and the people were neither asked their con- 
sent to its provisions, nor permitted, if it were not popular, to reject it. They were 
called upon only to hear and obey. The Constitution of 1808, after it liad been 
framed by the representatives of the people, was submitted to them for their ap- 
proval. Its provisions were subjected to examination, and the question being pro- 
pounded at the ballot box, the people, by a vote whose majority was more than forty 
thousand, declared that it was their will that the Constitution of 1868 should be the 
fundamental law under which they were to live, until in their wisdom they should, 
at some future time, choose to change it. If the Convention and the Constitution 
of 1805 were legal, then, a fortiori, the Convention and the Constitution of 1808 must 
have been equally so. 

But to those who believe in tlie justice and the expediency of the system of con- 
struction adopted by Congress, and men of that opinion comprise much the larger 
portion of the people of the State, no such argument is necessary. Denying the 
legality of the Convention of 18<)5, they recognize that of 1868 as the only legiti- 
mate Convention that has assembled in the State of South Carolina since the year 
1790. Of such a body, the proceedings cannot but be highly interesting, and, ac- 
cordingly, before its adjournment, it took the necessary steps for publishing the 
record of its proceedings. These were carefully and accurately kept by Mr. Josk- 
PHUs Woodruff, a professional stenographer, who was officially employed by the 
Convention. The work has been faithfully performed, and is, under the authority 
of the Convention, submitted to the people of the State as an interesting record of 
a part of the history of the times. 

ALBERT G. MAC KEY, 
President of the South Carolina Convention. 

COLEMAN KAnr=SH l-AW It^-HARY 
Univorsity oi Souti^ Ciiroiina 



PR{3CEEDINGS 



SOXJTIEi O^K,OLZ]Sr.A.. 



FIKST l^^VY 



Tuesday, Jaoiuary 14, 1868. 



Pursuant to an Act of Congress of the United States, entitled an Act 
supplementary to an Act entitled "An Act 'to provide for the more effi- 
cient government of the rebel States," passed on the second day of 
March, eighteen hundred and sixty-seven, and the Act supplementary 
thereto, passed on the twenty-third day of March, eighteen hundred and 
sixty-seven, the Delegates from the several Election Districts of this 
State assembled in the Club House, in the city of Charleston, on this 
day, at 12 o'clock, M. 

The Convention was called to order by Mr. TIMOTHY HUELEY, of 
Berkley District. 

On motion of Mr. JAMES M. EUTLAND, of Fairfield, Mr. T. J. 
EOBEETSON, of Richland, was called to the Chair. 

Mr. EOBEETSON on taking the Chair addressed the Convention as 
follows : 



6 PROCEEDINGS OF THE 

Gentlemen of the Convention : — We, the delegates of lae loyal people 
of South Carolina, are assembled here for the purpose of restoring- our 
State to her proper relations in the Federal Union. 

It becomes us to frame a just an 1 liberal Constitution, that will guaran- 
tee equal rights to all, regardless of race, color or previous condition — a 
Constitution which will comply with the Reconstructiitn Acts of Con- 
gress, thereby insuring our speedy admission into the Union. 

I trust there will be no class legislation here. I hope we will act 
harmoniously, promptly, jiidiciously and in such a manner as will reflect 
credit on ourselves, and secure the confidence of the people of the State, 
who n wt- represent. By your kind assistance I hope to speedily organ- 
ize this Convention. 

Mr. WM. J. McKINLAY, of Orangeburg, was chosen temporary Sec- 
retary. 

By direction of the Chair, the Secretary read the following order con- 
vening the body : 

HEADQUARTEES SECOND MILITARY DISTRICT. 
Chakleston, S. C, December 2S, 1K67. 
General Orpers, ) 
No. 160. S 

At the election held in the State of South Carolina, on the 19th and 
20th days of November, 1867, pursuant to General Orders No. 99, from 
these Headquarters, dated October 16, 1867, a majority of the registered 
voters of the said State having voted on the question of holding a Con- 
vention, and a majority of the votes cast being in favor of holding such 
Convention, the delegates elected thereto, and hereinafter named, are 
hereby notified, in confoimity with the provisions of the fourth section 
of the Act of Congress of March 23, 1867, to assemble in convention in 
the city of Charleston, South Carolina, at noon, on Tuesday, the 14th 
day of January, 1868, for the purpose of framing a constitution and civil 
government according to the provisions of the aforesaid Act of the 23d 
day of March, 1867, and of the Act of the 2d day of March, 1867, to 
which it is supplementary. 

A copy of this order will be furnished to each of the persons hereinaf- 
ter named, and shall be the evidence of his having been elected as a 
delegate to the aforesaid Convention. 

DELEGATES. 

District of Abbeville — Hutson J. Lomax, Nelson Joiner, Jno. A. Hun- 
ter, Bailey Milford, Thomas Williamson. 

District of Anderson. — William Perry, Dr. N. J. Newell, Samuel John- 
son. 

District of Barmvell. — Charles P. Leslie, Niles G. Parker, James N. 
Hayne, Julius Mayer, Charles D. Hayne, Abram Middleton. 

District of Berkley. — Joseph H. Jenks, W. H. W. Gray, George Lee, 
A. C. Richmond, D. H. Chamberlain, Wm. Jervey, Timothy Hurley, M. 
F. Becker, Benjamin By as. 

District of Beaufort. — Francis E. Wilder, James D. Bell, Robert 
Smalls, J. J. Wright, R. G. Holmes, W. J. Whipper, L. S. Langley. 



I'-ONSTmiTlONML COVNENTK )X. 7 

District of Cliarlcaton. — A. G. Mackey, F. A. Sawyer, A. J. Eaii- 
sier, William McKinlay, Eobt. C. DeLarge, Francis L. Cardozo, Gilbert 
Pillsbury, C. C. Bowen, Richard H Cain. 

Dhtrtct of CJieater. — S. Sanders, P. Alexander, B. Burton. 

District of C/areiido/i.—FAins Bioksji;, William Nelson. 

District of Colleton. — William M. Thomas, John K. Terry, William 
Dritfle. William M. Yiney, Jesse S. Craig. 

District of ChestcrfuhJ. — R J. Donaldson, H. L. Shrewsbury. 

District of Dar/iiigton. — Jordan Lang B. F. Whittemore. Isaac Brock- 
enton, Richard Humbird 

Dislrio' of Erlv:ejicfd.'—R. B. ElUott, Georre DeMfddis. John W^.oley, 
Prince 1?. River-!, John Bonum, Diivid Harris, Frank Aruim. 

District of Fairfichl. — Henry Jacobs, James M. Rutland, H. D. Ed- 
wards. 

District of Georgrtotvn. — Franklin F. Miller, Henry W. Webb. Joseph 
H. Rainev. 

District of Greenville. — William B. Johnson, .Tames M. Allen, James 
M. Runion, Wilson Cooke. 

District of Horry. — Augustus R. Thompson, Henry Jones. 

District of Kershato. — J. K. Jillson, S. G. W. Dill, John A. Chestnut. 

District of Lexington. — Lemuel Boozer, Simeon Corley. 

District of Lancaster. — Albert Clinton, Charles Jones. 

District of Laurens. — Nelson Davis, Joseph Crews. Harry McDaniels, 
Y. J. P. Owens. 

District of MarIboro\ — Calvin Stubbs, George Jackson 

District of Mirion. — William S. Collins, H. E. Hayne, Benjamin A. 
Thompson, J. W. Johnson. 

District of Newf^erry — Lee Nance, B. Odr 11 Duncan, James Hender- 
son. 

District of Orangeburg. — E. J. Cain, E. W, M. Mackey, Benjamin. F. 
Randolph, T. L. Sasportas, W. J. McKinlay. 

District of Pickens. — Alexander Boyce, M. Mauldin, Dr. L. B. John- 
son. 

District of lliddand.— William B. Nasli, Charles M. Wilder, Samuel 
Vk Thompson, Thomas J. Robertson. 

Di.st'' ict of Spartanburg. — John S. Gentrj', J. P. F. Camp, Rice Fos- 
ter, Coy Wingo. 

District of Sumter.—T. J. Coghlan, W. E. Johnston, Samuel Lee, F. 
J. Moses, Jr. 

District of Union. — Abrani Dogan, Samuel Nuckles, James H. Gtjss. 

District of WiUiamsburg. — C. M. Olsen, S. A. Swails, William Dar- 
rington. 

District of York — W. E. Rose, Dr. J. C. Neagle. J. H. White, John 
W. Mead. 

By command of Brevet Major-General Ed. R. S. Canby : 

LOUIS V. CAZIARC, 
Aide-de-Camp, .Vctg. Asst. Adgjt. Genl. 

Official.: 

LoTTis V. Cazi.^bc, 

Aide-de-Camp, Actg. A.sst. Adjt. Genl. 



» PEOCEEDINC4S OF THE 

The roll of delegates being called by Districts, the folIo^saBg answered 
to their names : 

Ahheville. — Hutson J. Loniax, Nelson Joiner, John A. Hunter, Thomas 
Williamson. 

Anderson — William Perry, Dr. N. J. Newell, Samuel John.son. 

Barnwell. — Charles P. Leslie, Niles G. Parker, James N. Hayno, 
Abraham Middleton. 

Berkley. — Joseph H. Jenks, W. H. W. Gray, Greorge Lee, A. C. 
Richmond, D. H. Chamberlain, Timothy Hurley, M. F. Becker, Benjamin 
Byas. 

Beauforl — F. E. Wilder, James D. Bell, Robert Smalls, J. J. Wright, 
R. G. Holmes, W. J. Whipper, L. S. Langley. 

CharleUon. — A. G. Mackey, A. J. Ransier, William McKinlay, Robert 
C. Deljarge, Francis Ij. Cardozo, Gilbert Pillsbury, C. C. Bowen, Rich- 
ard H. Cain. 

Chester. — Sancho Sanders, B. Burton. 

Clarendon. — Elias Dickson. William Nelson. 

Colleton. — Wm. M. Thomas, \Vm Driffle, Wm. M. Yiney, Jesse S. 
Craig. 

Chesterfield. — H. L. Shrewsbury. 

Darlington. — Jordan Lang, B. F. Whittemore, Isaac Brockenlon. 
Richard Humbird. 

Edgefield. — R. B. Elliott, Prince R. Rivers, John Bonum, David Har- 
ris, Frank Arnim. 

Fairfield. — Henry Jacob.", James M. Rutland, H. D. Edwards. 

Georgetoicn. — Franklin F. Miller, Henry W. Webb, Joseph H. Rainey. 

Greenville.— William B. Johnson, James M. Allen, John M. Runion. 
Wilson Cooke. 

Horry. — Henry Jone-s. 

Kershaw. — J. K. Jillson, S. G. W. Dill, John A. Chestnut. 

Lexington. — Simeon Corley. 

Lancaster. — Albert Clinton, Charles Jones. 

Laurens. — Joseph Crews. 

Marlbm'd. — Calvin Stubbs, George Jackson. 

Marion. — Wm. S. Collins, H. E. Hayne, Benj. A. Thompson, J. W. 
Johnson. 

Newberry. — Lee Nance, B. Odell Duncan, James Henderson. 

Orangeburg. — E. J. Cain, E. W. M. Mackey, Benjamin F. Randolph, 
T. K. Sasportas, W. J. McKinlay. 

Pickens. — Dr. L. B. Johnson. 

Richland. — Wm. B. Nash, Charles M. Wilder, Samuel B. Thompson, 
Thomas J. Robertson. 

Spartanburg. — John P. F. Camp, Rice Foster, Coy Wingo. 

Sumter. — T. J. Coghlan, W. E. Johnston, Samuel Lee. 

Uniofi. — James H. Goss. 

Williamsburs. — C. M. Olsen, S. A. Swails, William Darrington. 

York.—W. E. Rose, J. H. White, John W. Mead. 

Ninety-two delegates having answered, the President announced a 
quorum present, and the Convention ready for business. 



CONSTITUTIONAL CONVENTION. 9 

Mr. B. F. WHITTEMOEE moved that they proceed to a permanent 
organization, and that a Committee of seven be appointed by the Chair, 
to retire and report to the (/'onventien the names of candidates for per- 
manent oihcers. 

K. C. DeLAEGE rose to a point of order, and asked how they were 
to know whether those answering to names when called were the men 
elected and entitled to their seats, and whether the officers elected by 
them •would be entitled to act as the legal officers of the Convention. 
He thought the first thing in order was the appointment of a Committee 
on Credentials, to examine and report. 

The President dedded that the possession of the military order was 
the best evidence of membership, and that ninety- two members having 
responded, it was not necessary to go into any further investigation. 

Mr. B. ODELL DUNCAN said he did not think the members of the 
Convention were prepared to go into an election for permanent officers. 
They had met for the first time together, did not know each other, and 
were acting in ignorance as to who were members of the Convention. A 
few caucuses would make them better acquainted, and better able to de- 
cide on the person best fitted for the position of President. He thought it 
better, therefore, to postpone the permanent organization for two or three 
days until they had some better knowledge of the members of the 
Convention. Much of the success of their work, he thought, would 
depend on the person selected for their permanent President. If they 
made a failure in this respect all their business might go wrong. The 
permanent I'resident would have to appoint the committees, and upon 
them would depend, in a great measure, the success or failure of the 
Convention. He hoped, therefore, they would not go into the matter 
blindly. A majority of the members were not prepared to vote intelli- 
gently on the question, and he moved, as an amendment, that the per- 
manent organization be postponed until 12 o'clock Thursday. 

Mr. L. S. LANGLEY thought some further action necessary with 
reference to the identity of the persons who answered to names. Any 
one there might answer to a name and the Convention would not know 
whether the answer came from the person elected or from another. He 
was opposed, therefore, to going into a permanent organization until this 
question could be determined. He was in favor of the appointment of a 
Committee on Credentials. 

Mr. DUNCAN mentioned that, in the Georgia Convention, a man 
attended and answered several days to the name of an absent delegate 
before he was discovered. 



10 PROCEEDINGS OF THE 

The question recurring- on the aniendmf-nt of Mr. DTJN(.'AN to post- 
pone, 

Mr. N. (jr. PARKER moved to amend by substituting to-morrow at 
V2 M., instead of Thursday, which was accepted by the mover. 

Mr. J. S- CEAIG said he had come to Charleston with limited means 
and did not wish to stay any longer than he could help. He was very- 
anxious to effect organization as soon as possible, and to proceed with all 
possible haste to frame a new Constitution, ov to make such changes in 
the old one as were necessary to secure a Republican fora.> of Govern- 
ment. 

Mr. C. C. BO WEN did not think the (Convention sufficiently o-rganized 
to go into an election for permanent officers. It might be presumed that 
every gentleman there was provided with the necessary order or creden- 
tials, but did the Chair know whether many of these orders might not 
have been transferred from one person to another. He would state that 
an individual was sitting here to-da}- with the certificate of another 
individual in his possession, so that it was absolutely necessary that 
they should determine whether all these persons were properly there or 
not. To this end, he moved that the question concerning the permanent 
organizatiou be laid upon the table until the credentials of delegates- 
could be examined. 

The motion was agreed to. 

Mr. DUNCAN moved that a Committee on Credentials be appointed 
by the Chair to consist of five. He regarded the possession of the order 
of General Canby (No. 160), as proper credentials, but thought that 
every man should show evidence that he is the member elected from the 
district he claimed to represent. 

Mr. T, HUELEY moved to amend by adding that the Coramitte© 
report fortwith. 

Mr. T. K. SASPORTAS moved to amend by making the Committee 
to consist of one member from each District, such member to be chosen 
by each District delegation. 

Mr. W. J. WHIPPER thought a (Committee of five amply sufficient. 

Mr. B. F. WHITTEMORE said there should certainly be one dele- 
gate from each District. He wished to know how a Committee of five of 
the members could be sure of either the person who presented a certifi- 
cate or General ( 'anby's order. These orders have been distributed all 
over the country ; any one might have an order, and some come in who 
had no right there. He was not afraid that such a Committee would be 
too cumbersome. He wanted to go to work properly, whatever time it 
required. 



CONSTITUTIONAL CONVENTJnN. H 

All he desired was simply the identification of the respe^;tive delegates 
by those who knew them ; aud ia those cases where the certificates of 
General Canby have been lost or are wanting, they could be easily sup- 
plied from Headquarters. He Vk'as aware that there were some delegates 
present who held certificates from the Commissioner in Equity, and he 
knew of no higher ;iuthority than such an endorsement of a delegate by 
a proper official in the District which he represents. There certainly was 
no reason to be afraid of each other, and therefore he was disposed to 
settle this matter in the speediest way. 

Mr. C. C. BO WEN said he was opposed to large Co.umittees. A Com- 
mittee of five is ample enough. If there was doubt concerning a dele- 
gate, he could easily be sent for and examined as to his identity. So far 
as regards the credentials, he contended that no certificate from a judge, 
or a clerk of any Court, or a Commissioner in Equity, was proper evidence 
here. Only the <'ertified order of General Cauby could be received as 
credentials, and those Avho were not supplied, must obtain a copy Irom 
the proper authority. 

Mr. E.. C. DeLAEGE said that any difficulty of identity might be 
avoided by any gentleman sending for a member with whom he is ac- 
quainted, and wh J can vouch for him before the Committee. 

Mr. B. F. EANDOLPH thought a Committee of one delegate from 
each District would facilitate business, as each delegate on the Commit- 
tee could at once report on the credentials of the other members of his 
delegation, whereas five only would require time to make investigations. 

Mr. N. J. NEWELL stated that none of the up-country delegations 
had been furnished officially with credentials. 

The PEESIDENT said the gentlemen named in General Canby's offi- 
cial orders were regarded as members of the Convention. 

The question being on agreeing to the motion to appoint a Committee 
of five, it was decided in the negative. 

Mr. DUNCAN then moved that a Committee on Credentials, consist- 
ing of one from each District, be appointed by the Chair. 

The motion was agreed to. 

The PEESIDENT appointed the following : 

Abbeville, John A. Hunter ; Anderson, Dr. N. J. Newell ; Barnwell, 
James N. Hayne ; Berkley, Joseph H. Jenks ; BeauJort, W. J. Whip- 
per ; Charleston, F. L. Cardozo ; Chester, B. Burton ; Clarendon, Elias 
Dickson ; Chesterfield, H. C. Shrewsbury ; Darlington, B. F. Whitte- 
more ; Edgefield, Frank Arnim ; Fairfield, James M. Eutland ; George- 
town, Joseph H. Eainey ; Greenville, James M. Allen ; Horry, Henry 
Jones ; Kershaw, J. K. Jillson ; Lexington, S. Corley ; Lancaster, Chas. 
Jones ; Laurens, Joseph Crews ; Marlboro', Calvin Stubbs ; Marion, H. 
E. Hayne ; Newberry, B. Odell Duncan ; Orangeburg, T. K. Sasportas ; 



la PROCEEDINGS OF THE 

Pickens, Dr. L. B. Johnson ; Ricliland, Chas. M. Wilder ; Spartanburg, 
J. P. F. Gamp ; Sumter, T. J. Ooghlan ; Union, James H. Goss ; Williams- 
burg, S. A. Swails ; York, John W. Mead. 

The Committee then retired. 

Mr. BOWEN moved that the Convention appoint John R. Pinukney 
and Peter Miller, temporary Serg-eants-at-Arins. 

Objeetion being made to the transaction of business during the ab- 
sence of the Committee, the motiiin was withdrawn. 

On motion of Mr. WILLIAM J. McKINLAY, Secretary, the Convention 
took a recess for three quarters of an hour. 

% On re-assembling, M. DUNCAN, Chairman, made a verbal report of 
the Committee on Credentials, stating that the Committee examined first 
the credentials of each of its own members, and appointed a Chairman 
and Secretary. Finding their credentials correct, they then called in the 
delegates from other districts, and examined their credentials, which, on 
being proved, were signed by the Chairman and Secretary underneath 
the official signature of General Canby. This signature, on being shown 
to the doorkeeper, is to be taken as evidence that the bearer is a mem- 
ber, and entitled to admission in the Convention. Any member arriving 
afterwards, m.ust be identified by the Chaii'man and Secretary of the 
Committee, which propose to continue its organization until all the mem- 
ber had arrived, or there was no further necessity for their services. 

On motion of Mr. B. BYAS, the report of the Committee was adopted. 

Mr. F. L. CARDOZO moved that a Committee of one from each Dis- 
trict be elected by the members of each respective District delegation to 
constitute a Committee to nominate suitable officers for the permanent 
organization of the Convention. He thought it essential to success that 
there should be a thorough and complete canvass for officers to fill those 
important positions. Upon the permanent President would depend much 
of the dignity and success of their legislation. He hoped there would be 
no smaller number appointed, as it would in that case be very apt to 
form a clique. One from each delegation, he felt sure, must give more 
satisfaction and be attended with better results. 

Mr. HURLEY moved that the Convention proceed to a nomination at 
large. 

The motion was not agreed to. 

On motion of Dr. NEWELL, the Convention adjourned to meet to- 
morrow at 12 o'clock. 



CONSTITUTIONAL CONVENTH^N. fjj 

SIECO^D DA.Y. 



Wednesday, January 15, 1868. 

The Convention assf^nibled at 12 M., and was called to order by the 
Chairman, Mr. T. J. EOBEETSON. 

The proceedings were opened with prayer by the Eev, B. F. RAN- 
DOLPH as follows : 

Almighty Grod, Creator and Ruler of the Universe, we praise and 
adore Thee for Th^' goodness, which Thou hast manifested to us, Thy 
undeserving creatures. Thou seest the purposes for which we have as- 
sembled. AVe pray that we may be guided by Thy spirit and wisdom. 
Thou knowest the grave responsibilities resting upon us. Thou knowest 
we have assembled for the purpose of framing the Constitution for the 
legislative guidance of this State. We pray that Thou will fill our hearts 
with love for the general welfare of the citizens of the State, and that in 
all things Thy wisdom may guide us, and all our actions redound to Thy 
honor and glory. We pray that we may remember our accountability 
to Thee and the people of South Carolina. Help us, oh Lord, in these 
our great responsibilities. Help us in our work here, and when we finish 
our earthly course, receive us into that welcome abode in heaven ; and all 
we ask is in the name of God our Father and Jesus oar dear Redeemer. 
Amen. 

The CHAIRMAN requested Mr. H. E. HAYNE, Delegate from 
Marion District, to act as temporary Assistant Secretary. 

On the call of the roll, one hundred and nine Delegates answering to 
their names, the CHALRMAN announced a quorum present. 

The minutes of yesterday were read by the Secretary. 

Mr. F. L. CARDOZO asked a correction of the minutes by inserting 
the motion offered by him previous to adjournment yesterday. He also 
thought that motion should be taken up as unfinished business. 

Mr. T. HURLEY said he supposed his motion to proceed to a nomina- 
tion at large was the last business of yesterday. 

Mr. N. G. PARKER said the motion of the gentleman from Charles- 
ton, Mr. F. L. CARDOZO, was pending yesterday when the motion of 
the gentleman from Berkley, Mr. HURLEY, was offered, as a new mo- 
tion, not as an amendment, and he thought, therefore, the first motion 
took precedence in the order of unfinished business. 

Mr. B. 0. DUNCAN moved that the Convention now proceed to ballot 
for a permanent President, the Convention voting by Districts, and that 
two tellers be appointed to count the votes. 



IJ PROCEEDINGS OF THE 

Mr. B. F. RANDOLPH thought they should act first on the penJiiig: 
motion of yesterday, to appoint a Committee on permanent organization. 

Mr. EICHMOND called attention to the fact that a number of mem- 
bers had arriyed since yesterday, whose credentials had not been ex- 
amined. 

The CHAIRMAN said that would be the duty of the Committee on 
Credentials. 

Mr. DUNCAN said he had signed a number of credentials this 
morning, and the doorkeeper had been instructed not to admit any one 
whose credentials were not signed. He was informed, however, that no 
doorkeeper had been appointed, and moved that a temporary doorkeeper 
be appointed until a permanent organization was effected. 

On motion of Mr. R. C. DeL ARGE, the Janitor of the building was 
appointed temporary doorkeeper. 

Mr. DUNCAN renewed his motion to proceed to a permanent organi- 
zation. 

Mr. F. L. CARDOZO called for the unfinished business of yesterday. 

The CHAIRMAN decided that there was no unfinished business^ 
pending. 

Mr. B. F, RANDOLPH said there was a motion pending at the hour 
of adjournment, and it ought to be disposed of. 

Mr. DUNCAN moved that the unfinished business be laid upon the 
table, and the motion was agreed to. 

Mr. DUNCAN again renewed hia motion to proceed to balloting, 
amending it so that each delega,te, when the Districts were called, should 
come up and vote. 

Mr. R. C. DeLARGE moved to go into an informal ballot for Presi- 
dent, with the view of obtaining the sense of the House. The motion 
was agreed to. 

Mr. J. M. ALLEN moved that the two persons receiving the highest 
number of votes on the informal ballot should be considered candidates. 
The motion was agreed to. 

Messrs. B. 0. DUNCAN and T. K. SASPORTAS were appointed 
tellers. 

On motion of Mr. ALLEN, the Convention took a recess of fifteen 
minutes. 

On reassembling, the Secretary proceeded to call the roll of the dele- 
gates by Districts, and each delegate came forward to the President's 
desk and deposited his vote. 

Mr. DUNCAN reported the result of the informal ballot as follows : 



CONSTITUTIONAL CONVENTION. 15 

Dr. A. Q. MACKEY 74, B. ¥. WHITTEMORE 37, T. J. ROBERT- 
SON 1, and J. M. RUTLAND 1. Total 113. 

Mr. G. PILLSBURY moved that Dr. A. G. MACKEY be unani- 
mously declared the President of the Convention. 

Mr. WHITTEMORE begged the gentleman to withdraw the motion 
temporarily. 

Mr. PILLSBURY assented. 

Mr. WHITTEMORE then addressed the Convention as follows : 

3Ir. President : I understand that the election we have gone into thus 
far has simply been an informal election, and that the expression of the 
Convention thus far has been declared, as far as the two higher candi- 
dates are concerned, as favorably disposed towards Mr. Mackey and 
myself. 

I arise to express my thankfulness to the gentlemen upon this floor 
for the kindness they have shown in their expression of a preference for 
and the presentation of my name in connection wilh the Chairmanship of 
this Convention. I assure them of my appreciation of the compliment 
and trust that I have truly merited its bestowment; but, in justice to 
myself, and that the most earnest wish of my heart may be gratified, I 
deem it proper to say, that I have not been, nor am I at the present an 
aspirant for any other position than that to which I have been, by my 
constituency, elected, namely, an humble delegate, with the freedom 
and privilege to labor on the floor or in the committee room. My earnest 
desire is that harmony may prevail in all the deliberations of this body — 
that the work for which we have been sent may be immediately prose- 
cuted, and that success may attend our every honest effort. That, there- 
fore, a permanent organization may be at once effected, I do respectfully 
withdraw my name from the canvass, and move that Hon. A. G. Mackey 
be unanimously declared as the choice of this Convention for President. 

The motion was agreed to amid applause, and the CHAIRMAN an- 
nounced that Dr. A. G. MACKEY was unanimously elected permanent 
President of the Convention. 

Mr. A. J. RANSIER moved that a Committee of three be appointed 
to apprise Dr. MACKEY of his election, and conduct him to the Chair. 

Mr. E. J. MOSES, Jr., moved as an amendment that a Committee of 
two, to consist of Messrs. B. F. WHITTEMORE and R. C. DeLARGE 
be appointed for the purpose. 

The amendment was not adopted. 

The motion of Mr. RANSIER was then agreed to, and the PRESI- 
DENT appointed Messrs. A. J. RANSIER, B. F. WHITTEMORE and 
R. C. DeLARGE.' 

On motion of Mr. PARKER, the Convention took a recess for fifteen 
minutes. 



IG Pii'.t)OEEDIXGS OF THE 

After reofMfl, Mr. WHITTEMOIIE, Chairman of the Committee ap- 
pointed to wait upon the President elect, reported that they had dis- 
charged that duty, and now begged leave to state that they had the 
honor of introducing the President elect. 

Dr. MAGKEY was then conducted to the chair, and formally pre- 
sented to the Convention by Mr. T. J. ROBERTSON, the Chairman. 

In entering upon the duties of his office the PRESIDENT addressed 
the body as follows : 

Gentlemen of this Convention : — While I return you my thanks for 
the honor that you have conferred on me, in selecting me to preside 
over your deliberations, I confess that I assume the Chair with great 
diffidence as to my cajjability to discharge its duties. I can, how- 
ever, safely promise a determination to perform the important task 
with the strictest impartiality, and with all the judgment in ray power. 

The position in which your kindness has placed me, will necessarily 
preclude me from a general participation in the debates of the house, 
and will condemn me to silence on many questions, on which, if I were 
on the floor, I would wish to be heard. You will perhaps, therefore, 
pardon me, if I take the present occasion, once for all, to define my posi-. 
tion and to express my sentiments on some of the great topics, which are 
now agitating our country. 

The Convention in which we are now sitting is marked by two pecu- 
liarities, which has distinguished no other Convention that has preceded 
it in South Carolina — peculiarities which demand for it the commenda- 
tion of every lover of liberty and respecter of human rights. 

Convened, as I contend it has been — for else, I had not been here — 
by competent legal authority, it is the first Constitutional Convention in 
this State, in the selection of whose members, the ballot box, the true 
palladium of rational liberty, has been made accessible to every man who 
was not disqualified by legal or political crime. In the call for the five 
South Carolina Conventions which have preceded it, and which were held 
in 1776, in 1777, in 1790, in 1860, and in 1865, but a portion of the peo- 
ple were permitted to exercise the elective franchise, because slavery, 
that vile relic of barbarism, had thrown its blighting influence upon the 
minds of the people, and for the noble doctrine that governments were 
constituted for the good of the whole, was substituted that anti-republi- 
can one, that they were intended only for the benefit of one class at the 
expense of another. But in the call for this body, every true man who 
could labor for the support or fight for the defence of the commonwealth 
has been invited to a representation. Manhood suffrage has for the first 
time been invoked to convene a body which is to make the fundamental 
law for all. This is, then, truly and emphatically a people's Convention 
— a Convention by the representatives of all who have minds to think — 
and to think for themselves, or muscle to work — and to work for them- 
selves. 

Again. In the five Constitutional Conventions held in this State, to 
which I have already alluded, the fundamental law therein framed was 
made a finality. The people were ignored as a part of the body politic by 



CONSTVri'TiOXAL CONVENTION. 19 

the Convention, which declared itself possessed of despotic and irrespon- 
sible authority ; and, in every instance, refused to submit its proceedings, 
and the Constitution which it had framed, to the people for their ratifica- 
tion. This was but a natural and necessary result of the influences of 
the political sentiment that then prevailed. It was but consistent that 
those who deemed one-half of their fellow-citizens to be chattels, should 
forget, or overlook the political rights of the other half. 

But we, who in these days, when the rising beams of political truth, 
promise, after so much storm, a brighter sky for the republic ; we who 
are emerging from that eloud of false opinion, into the full sunshine of 
that truth, know and claim ourselves to be only the representatives of 
the people. "We arrogantly assume no final action, no irresponsible 
power, but recognize the rights of all men, of all races, the poor as well as 
the rich, the ignorant as well as the wise — of all men who make the State 
their home and identify themselves with its interests. We dare not pre- 
sent to them an organic law for their government, as something with 
which they have nothing to do but to hear it and obey. Our work here 
is not to be considered as completed until the people shall have reviewed 
It and ratified it. Not we, ourselves, but they who sent us here, are to 
say whether we deserve the reward of a " well done, good and faithful 
servants." For the first time in the history of South Carolina, will the 
people be recognized as the true framers of their own organic law. Of 
such a Convention, organized on the great acknowledged principles of 
Democratic Republicanism, I am proud to be a member ; far more proud 
to sit here beneath the folds of that beloved flag which is this day float- 
ing from our roof, than I should have been to have been in that other 
body which met in this city in 1860, with no such loyal symbol to protect 
it, but which rather sought to tear its stripes to tatters and to dash its 
stars to the earth. 

Yielding to none in sentiments of devotion for that flag of my fathers, 
and in abhorrence of every sentiment of disloyalty and treason to that 
Government, to which I owe a paramount allegiance, I yet have no vin- 
dictive feelings towards those of my fellow-citizens who were led by the 
abstractions of their political leaders, to entertain difFeren,t and opposing 
sentiments — sentiments which I deemed errors, but which they believed 
to be truths. I grant to them that liberty of thought which I demand 
for myself. Hence, I profess myself to be a moderate man. I am op- 
posed to all confiscations of property, because the confiscation of all the 
lands of rebel owners in the State can have no effect in promoting the 
welfare of that State in elevating its poKtical condition or advancing its 
commercial and agricultural prosperity. I am opposed to any general 
disfranchisement of the masses of the people. It is too late now to dis- 
franchise as a punishment for treason. Punishment should be inflicted 
for the sake of reform. To inflict it now would be only to gratify re- 
venge. I want no more disfranchisement either as to number of persons 
or as to duration of time, than is absolutely necessary to secure the safety 
of the nation, and if that can be secured by none at all, then would I 
favor a general amnesty. . »^ 

. I call God to witness, that in taking my seat in this august body, I do 
so only because I desire to contribute what little abilities or influence I 



1§ PROCEEDINGS &F THE 

may have to the restoration of peace and harmony, and for the estab- 
Hshment of such a Constitution or form of government for my native 
State as will secure to every man in the commonwealth an equal share 
of political rights, will protect us in the future from the errors which 
have led to our present unhappy condition, and will speedily rehabilitate- 
the State as a constituent part of the great national confederation. 

With this expression of my sentiments, which will not, however, con- 
trol me in the impartial administration of the duties of the office to which 
you have assigned me, I am now prepared to take my place as your pre- 
siding officer, at the same time invoking your indulgence for any unin- 
tentional errors that I may commit, and your earnest co-operation in 
preserving the dignity and decorum of the body. 

Mr. W. J. WHIPPER, of Beaufort, offered the fallowing resolution, 
which was agreed to : 

Resolved, That pending the appointment and report of the Committee 
on Rules, the Convention adopt and be guided by the rules of the House 
of Representatives of the United States for its government. 

Mr. R. C. DeLARGE moved that the thanks of the Convention be 
returned to Mr. T. J. ROBERTSON, of Columbia, temporary Chairman, 
for the dignity and impartiality with which he had presided over their 
deliberations. 

The motion was unanimously agreed to. 

Mr. R. G. HOLMES, of Beaufort, moved that the Convention pro- 
ceed to the election of a Secretary by ballot. 

Mr. A. J. RANSIER, of Charleston, moved that a Committee of one 
from each District be appointed to complete the permanent organization 
of the Convention, and that the Committee report on Thursday at twelve 
o'clock meridian. 

Mr. W. J. WHIPPER, of Beaufort, opposed the motion, and said they 
were ready to go on and complete the organization without an adjourn- 
ment. He thought the appointment of a Committee upon which the 
Convention was to wait for a report, not only foolish, but unjust. He 
wanted to go on with their work as rapidly as possible. 

Mr. D. H. CHAMBERLAIN, of Berkley, also opposed the resolution 
and thought the elections could be better settled in open Convention. 
It would take less time than an unwieldy Committee, and give more gen- 
eral satisfaction. He hoped to get to work and accomplish what they 
had to do as early as possible. 

Mr. R. G. HOLMES, of Beaufort, moved that the resolution be laid 
upon the table, which was carried. 

Mr. HOLMES moved to proceed to the election of a Secretary by 
ballot. 



CONSTITUTIONAL CONVENTION. Ift 

The PRESIDENT decided the motion out of order, rhe Convention 
Kaving adopted the rules of the House of Representatives, which require 
all elections to be viva voce. The rules, however, might be suspended 
for the time, by the unanimous consent of the Convention. 

On motion, the Convention proceeded to the election of a Secretary, 
mtra voce. 

Mr. WHITTEMOEE nominated Mr. Carlos J. Stolbrand, and moved 
that the calling of the roll be suspended, which was adopted. 

On motion of Mr. WHITTEMOEE, Mr. C. J. Stolbrand was declared 
•elected permanent Secretary of the Convention by acclamation. 

Mr. PARKER moved that they proceed at once to the election of an 
Assistant Secretary, an Engrossing Clerk, a Sergeant-at-Arms, an Assist- 
ant Sergeant-at-Arms, a Doorkeeper, an Assistant Doorkeeper, and a 
Chaplain. 

Mr. F. J, MOSES, Jr., of Sumter. I would like to ask the mover of 
the resolution before the House, something in relation to its meaning. I 
would ask if he means that some person not a member of the Conven- 
tion shall be elected chaplain 'i I, for one, am opposed in toto to that 
part of the gentleman's resolution which refers to the election of a regu- 
lar chaplain for this body. As far as I am individually concerned, I am 
utterly opposed to the services of any chaplain in this body. I am 
opposed to having our proceedings opened with prayer, for that practice 
so sacred in the past, has been so prostituted lately in all legislative 
bodies that it is to be feared it will be prostituted here, and instead of 
prayers we shall have political protestations. But it is not on that 
ground alone I object. I ask, gentlemen, whether it would not be best 
for us as members of the Convention, as responsible persons, sent to 
perform the work before us, as responsible to all the citizens of the State, 
is it not incumbent upon us to have as much respect for the Treasury of 
the State as possible, and to get along as cheaply as possible. 

I disclaim, in what I have said, having reference to any one. It is 
simply my individual opinion in reference to the practice of opening our 
proceedings with prayer. I ask what necessity is there to put our hands 
into the Treasury of the State and pull out more money than necessary, 
when we have gentlemen here who no doubt are willing to give their 
services free of charge. 

Mr. B. F. RANDOLPH, of Orangeburg. I am in favor of the election 
of a chaplain. My first reason is that it is a custom of all such legisla- 
tive bodies to have a chaplain. The Congress of the United States has a 
chaplain. Our legislatures .have chaplains, and so far as I have noticed 
the leports of all the conventions which have assembled under the re- 



20 PROCEEDINGS OF THE 

cojistruction acts, they all elected chaplains. It would, therefore, bo 
passing strange for South Carolina to assemble in Convention and not 
elect a chaplain. 

The gentleman thinks we should respect ihe Treasury of the State- 
No one upon this floor is more than lum, disposed to respect that Treas- 
ury. But I am not disposed to ignore religion, forget God, and leave- 
one of the most important offices, aa I consider it, unnoticed by the Con- 
vention. I think, therefore, it is wise to have a chaplain. The quota of 
officers will not be complete unless we do. There will be a lack, a va- 
cancy. I hope that out of the respect the Convention has for God, or if 
there is any respect at all in our religion, unless it is all a farce, we shall 
have a chaplain. If it is a farce, let us have no prayers, let us say the 
Bible is a lie, and that God never hears prayer. Let us igaore the doc- 
trine which say8 Jesus died to save all men. I believe that religion is a 
reality, and I hope Ave may regard it as such. If the Bible is truth, it 
is to become established throughout all the earth, and it should be re- 
spected, not only by such bodies as this, but by all men. It says every 
knee shall bow to Jesus, and every heart respect him. That daj , in my 
humble opinion, is coming, and I hope, if it has been the general rule^ 
we will have a chaplain^ and do as other Conventions have done, elect 
one. 

Mr. MOSES, Jr. I do not propose to answer the gentleman I do not 
think a single argument he has made i^as applicable. The closing part 
of his speech should convince every one that the view I took was right 
and proper, that we ought not to take so much money out of the Treasu- 
ry. We have had a capital prayer since the argument was started. 
, Mr. L. S. LANGLEY, of Beaufort I agree in part with the views of 
the delegate from Sumter. I believe this Convention should not, by the 
©lection or appoinrment of a chaplain, sacrifice or waste money belonging 
to the State. We have gentlemen here, honorable members of this 
body, who are perfectly competent to act as chaplain, and in the impov- 
erished condition of the State Treasury, I think it would be better that 
the Chair should appoint some gentleman, or request some member in 
the body, to officiate as chaplain. 

Mr. J. J. WRIGHT, of Beaufort, rose to a point of order. The reso- 
lution did not require that the chaplain should be paid, and the gentle- 
man seemed to be discussing the question whether they should or should 
not pay a chaplain. The resolution simplj called for the election of a 
chaplain. 

The PRESIDENT decided the point of order was not well taken, the 
previous speaker having used his argument in stating his positions. 



CONSTITUTIONAL CONVENTION. 21 

Mr. L. S. LANGLEY said, with regard to the remark of the gentle- 
man from Sumter, as to the propriety of opening their proceedings with 
prayer, he was decidedly in favor of fiist invoking the divine blessing 
before commencing their deliberations. He certainly hoped that it could 
ntiver be said that they, in the noou of the 19th centnry, refused to open 
their sessions with prayer. Pie believed this to be the sense of this body, 
which had assembled for the purp-^se of taking the proud Commonwealth 
of South Carolina back into the Union from which she was torn in 1860 
He was in favor of the appointment of a chaplain, but not in favor of 
paying him eight dollars per day out of the State Treasury. There were 
able gentlemen in the body, whom he believed had sufficient patriotism, 
and were ready and willing to officiate without pay. 

Mr. R. C DeLAEGE called for the previous question, which was not 
sustained. 

Mr. J. J. WRIGHT, of Beaufort, said he was in favor of the electi jn 
of a chaplain to the body The resolution did not require he should be 
elected outside of the body. The gentleman from Beaufort, and the 
gentleman from Sumter, perhaps, had the same reasons for taking the 
positions they had, that it was not necessary to have a chaplain. One of 
the gentlemen, and he did not know but the other, had only followed the 
examples set for him to respect money more than God. 

Mr. T. HURLEY, of Berkley, moved to amend the resolution so as to 
read that "the Chaplain shall be appointed by the Chair." 
Mr. N. G. PARKER accepted the amendment. 

Mr. A. J. RANSIER, of Charleston, moved to amend so as to leave it 
to the Chair to appoint from among the Convention those willing to per- 
form extra labor of Chaplain. 

Mr. A. C. RICHMOND hoped it would be left open so that visiting 
clergymen could be invited to be present and open the proceedings with 
prayer. He hoped the proceedings would be opened with prayer 
because it was customary. He was of opinion though that the invoca- 
tion of the divine blessing in the South Carolina Convention of 1860 was 
not of any great service to the cause for which it was invoked, nor was it 
in the Convention of 1865. But he did not wish to abolish it because 
the custom had been abused on other occasions. It was possible they 
inight prove more serviceable. 

Mr. PARKER said that he did not suppose, in oflFering the resolution, 
it would be debated. He did not think there was any gentleman in the 
House who wished to make a speech upon the question, and was sur- 
prised at the remarks made. He hoped the debate would stop and the 
question be at once disposed of. 
4 



92 PROCEEDINGS OF THE 

The question then being taken the resolution was adopted. 
The PEESIDENT read the following communication from Mr. F. A. 
Sawyer, a delegate from Charleston, resigning his position : 

Chaklesion, January 15, 18GS. 
To the President of the Convention of South Carolina : 

SiK : — I regret the necessity which compels me to announce to you my 
inability to assume the duties of a member of the Constitutional Con- 
vention. 

While I am grateful for the confideuce of my fellow- citizens, mani- 
fested in my election, it is due to them to say that I should not have con- 
sented ti> become a candidate had I foreseen, or thought I had a reason 
to foresee, the pressure of official duties under which I now fiad myself, 
and which is greater than at any time in the last two years. 

If I become a member of the Convention I must elect one or two 
alternatives, neither of which I am willing to accept ; on the one hand, 
a neglect, to an unjustifiable extent, of my duties as an officer of the 
United States Government — duties, the due performance of which I am 
every way bound to provide for ; or, on the other, an unsatisfactory and 
partial discharge of tlie obligations which would be imposed upon me as 
a member of the Convention. The duties of my office at this season are 
such that a large part of them can be devolved upon no other person, 
and must be personally performed in the hours appropriated to the ses- 
sions of the Convention. 

The labors I might perform as a member of that body would be only 
auxiliar}' to those of other equally or more competent men. 

With the hope that the action of the body over which you preside will 
be such as to merit the approval of good men everywhere, and receive 
the endorsement of all right-thinking men in our iState, 

I am. sir, very respectfully, your obedient servant, 

FREDERICK A. SAWYER. 

On motion of Mr. HURLEY, the resignation was accepted. 

The PRESIDENT called the attention of the Convention to the fact 
that a vacancy was made in the Charleston delegation by the resigna- 
tion of Mr. Sawyer, which would require to be filled by the action of 
the House. 

Mr. PARKER moved to add, in the resolution just adopted, a Reading 
Clerk, an Engrossing Clerk, three Messengers, and an additional Door- 
keeper. 

Mr. HURLEY moved that the Messengers be appointed by the Chair. 

The PRESIDENT said he preferred that the voice of the Convention 
should be heard in the selectioLS of all its officers 

Mr. R. C. DeLARGE was opposed to having so many hangers on 
and digging unnecessarily into the State Treasury. If they kept on they 
would soon have as many officers as delegates. 

Mr. J. J. WRIGHT agreed with Mr. DeLARGE. Most of us, he- 



CONSTITUTIONAL CONVENTION. 33 

said, have been used to waiting on ourselves, and I think we can do it 
yet. 

Mr. R. C, DeLIRGE moved that the number "three" be substituted 
by "two." 

The amendment was adopted, and the motion then agreed to. 

On motion of Mr. WHITTEMOEE the rules were suspended, and Mr. 
Paul M, Poinsett declared elected Assistant Secretary by acclamation. 

Mr. Wm. E. Milchell, on motion of Mr. H. E. HAYNE, was declared 
elected, by acclamatioc, Engrossing Clerk. 

On motion of Mr.C. P. LESLIE, Mr. Hannifin, appointed Janitor of 
the building by General Can by, was elected Hall Keeper by acclamation. 

On motion the Convention adjourned to 8 o'clock this evening. 



KVENUSTG- SESSION. 



The Convention assembled at 8 P. M., and the roll being called, one 
hundred and ten delegates responded to their names. 

The Chair announced that the first business in order was the election 
of a Sergeant- at Arms. 

On motion of Mr. T. K. SASPORTAS, the rules of the house requiring a 
viva voce vote to elect were suspended, and the Convention proceeded to 
the election of a Sergeant-at- Arms by ballot. 

At the request of a member, the President defined the duties of a Ser- 
geant-at-Arms. He said these duties are very important. He is, under 
the President, the executive and financial ofiicer of the Convention. It 
is his duty to carry into effect all orders in relation tc keeping order, and 
to enforce all rules, regulations and order of the house. He is also the 
cashier of the house. It is his duty to take charge of all funds. He pays 
the members whatever is due them, keeps an account of the same, and 
is accountable for the proper disposition of the funds. 

Mr. PARKER nominated Mr. T. W. Johnson. 

Mr. R. C. DeLARGE moved that T. W. Johnson be elected by accla- 
mation. 

Mr. W. J. WHIPPER hoped the motion would not prevail, but that 
the vote would be by ballot, and that other candidates before the Con- 
vention would have the same fair chance to be voted for. 

Mr. E.W. M. MACKEY moved that they proceed to an election by ballot, 
which was carried. 



bi PROCEEDINGS OF THE 

0/i tlie ballot being taken, the result was announced as follows : 

T. W. Johnson, 58; Edward Conwaj, 46; Scattering lo. 

The PEESIDENT announced that 57 being necessary to a choice, 
there was no election. 

Dr. N. J. NEWELL moved that Mr. T. W. Johnson be declared unani- 
mouisly elected by acclamation. Lost. 

Mr. L. S. LANG LEY said he was given to understand that Mr. Johnson 
is not a Republican. "If that was the case, he wanted to know it. He 
alluded to the report in order to give the gentleman an opportunity to 
clear himself. It came to him from pretty good authority. 

Mr. WHITTEMORE moved that the Convention proceed to a second 
ballot for Sergeant-at-Arms, which was carried. 

On counting the votes, the result was announced ae follows : 

Edward Conway, 67 ; T. W. Johnson, 45 ; Scattering 2. 

The PEESIDENT announced that Edward Conway having received a 
majorit}'^ of all the votes cast, was duly elected Sergeant-at-Arms. 

A motion was made to suspend the rules and proceed by ballot, to the 
election of an Assistant Sergeant- at- Arms. 

Mr. B. BYAS nominated Peter Miller. 

Mr. DUNCAN nominated Mr. T. W. Johnson, and took occasion to 
say that the charge made against Mr. Johnson, was unjust. He also 
advocated taking the vote viva voce, as required by the rules adopted by 
the House. ~ j^ p * 

Mr. CHAMBERLAIN favored the vote viva voce, as required by the 
rules under which they were working. He thought it would save time 
and labor. 

Mr. E. W. M. MACKEY did not think the point well taken. He thought 
the vote by ballot much shorter, as whole delegations could come for- 
ward and deposit their votes at once; whereas, by the viva voce plan, 
each member present was called upon to answer. 

Mr. DUNCAN did not see why they should adopt the rules of the 
House of Representatives J and then in every instance depart from them. 

On motion of Mr. H. E. HAYNE, the motion lo suspend the rules, 
and proceed to vote by ballot, was laid on the table. 

Mr. W. J. WHIPPER moved that when this house adjourn, it ad- 
journ to meet to-morrow morning at ten o'clock. The motion was 
agreed to. 

Mr. R. C. DeLARQ-E notified the Convention that he would, to-mor- 
row, move for a reconsideration of the vote by which Mr. Conway was 
elected Sergeant-at-Arms, it having been proclaimed that the person 
aforesaid was incompetent to discharge the duties of the office. 



CONS riTUTIONAL CONVENTION. 25 

Mr. F. J. MOSES, Jr., moved that the Oonvention do nut adjoura until a 
permanent organization had been effected. This was opposed by Mr. 
LANGLEY, who said he had no notion of staying here. His contract 
with his constituents did not require it, and he wanted to go home in 
reasonable time. 

The question being put, the motiou was not agieod to. 

The Convention proceeded to vote viva voce for Assistant Sergeant-at- 
Arms, which resulted in the election of Mr. Peter L. Miller. 

In the same manner, after two ballots, Mr. Samuel Dickinson, of 
Charleston, was elected Doorkeeper, and Mr. John Fitzsimmons, of 
Columbia, Assistant Doorkeeper. 

Mr. E. W. M. MACKEY moved to go into an election for two Messen- 
gers, but before taking the question, the Convention adjourned to meet 
at ten o'clock to-moiTow morning. 



THIRD TJAY. 
Tliurf^day^ January 16, 1868. 

The Conrention was assembled at 10 A. M., and was called to order 
by the President, A. G. MACKEY. 

Prayer was offered by Eev. B. F. WHITTEMORE. 

The roll was called, and seventy-nine members answering to their 
names, the PRESIDENT announced a quorum present, and the Con- 
vention ready to proceed to business. 

The minutes of yesterday were read and approved. 

Mr. B. 0. DUNCAN moved a reconsideration of the resolution passed 
yesterday regarding the election of officers, so as to amend by leaving it 
to the President to invite any clergyman present to open the Convention 
with prayer. 

Rev. B. F. RANDOLPH opposed the adoption of the amendment on 
the ground that they would, perhaps, frequently be without a clergyman 
in attendance, and also, that it was against the practice of Congress and 
other legislative assemblies to select one of their own members for open- 
ing the proceedings with prayer. From the fact, also, that clergymen in 
the Convention might conscientiously differ, and each see fit to advocate 
their peculiar views, he hoped the members would see the propriety of 
electing a Chaplain outside of the body. 



iJ« PROCEEDINGS OF THE 

The question being taken on the motion of Mr. DUNCAN, it was 
adopted. 

Mr. B. 0. DUNCAN then offered the following- resolution, which was 
adopted : 

Resolved, That the Doorkeeper be instructed to adrait no one to this 
floor who has not his credentials properly sionned, or has not been ad- 
mitted to the floor as an officer, reporter of the press, or an officially 
invited ^est. 

The PRESIDENT read an official communication from Headquarters,^ 
amending a certificate of election to a delegate from Horry, by inserting 
the name of Augustus Reaves Thompson in place of Stephen H. Thomp- 
son, which was received as information. 

Mr. R. 0. DrLARGE moved that the Convention take up the unfin- 
ished business, and proceed to the election of a Messenger. He nominated 
Mr. Oliver Williams, of Charleston. 

The PRESIDENT, in reply to a delegate, stated that no member could 
address the Convention upon any subject not actually before it, should 
any other member object. 

Mr. DUNCAN asked whether they were not allowed to inquire into 
the fitness of candidates for office. 

The PRESIDENT said the information upon which delegates in the 
Convention are expected to base their votes should be obtained outside 
of the Convention, and among the friends of the candidates. 

Mr. WHITTEMORE stated that some fifteen votes had been lost last 
night by members mistaking the name of the boy fitting for College and 
a candidate for Messenger. He wished to inform them that his name 
was Peter Phillips. He also moved to suspend the calling of the roll. 

Mr. BO WEN opposed the election of Peter Phillips as Messenger on 
the ground that he was a minor, and therefore ineligible. He under- 
stood this to be in the nature of a State office, to which no one under 
twenty-one years of age could be elected. He would have no objection 
to have him appointed, but was opposed to his election. 

Mr. B. F. RANDOLPH suggested that he might be appointed as one 
of the pages of the Convention. They would need two or three pages, 
and he was in favor of electing three. 

Mr. PARKER moved that they proceed at once to the election of a 
Messenger. 

Mr. CRAIG asked whether it had been decided that the boy Phillips 
was ineligible to office. 

The PRESIDENT -stated that by the rules of the House of Represen- 



CONSTITUTIONAL CONVENTION. in 

tatives, which had been adopted as rules of government for this body, 
sac person under age was eligible to office. 

Mr, T. HURLEY withdrew the name of Peter Phillips, and substitut- 
ed that of WilKam ElUott. 

The Convention then entered into an election for a Messenger, which 
resulted as follows : William Elliott, 65 ; J. D. Price, 11 ; William Miller, 
10 ; Scattering, S. Total 94. 

The PEESIDENT announced that William Elliott having received a 
ma.iority of the votes cast, was duly elected Messengei of the Conven- 
tion. 

Mr. B. F. WHITTEMORE took the Chair, and the Convention entered 
into an election for an Assistant Messenger. On counting the votes the 
result was announced as follows : Whole number cast 95 — J. D. Price 
received 56 ; Alexander Bryce, Jr., 23 ; William Miller, 6; Scattering 10. 

Mr. J. D. PRICE was declared to be the duly elected Assistant Mes- 
senger. 

Mr. J. K. JILLSON moved that the Convention proceed to the election 
of three Pages. 

Mr. F. L. CARDOZO opposed the appointment of Pages. The Con- 
vention did not need them, and it was desirable to avoid all unnecessary 
expense, especially in the present empty c Dudition of the State Treasury. 

Mr. T. K. SASPORTAS moved to strike out the word three and sub- 
stitute one 

Mr. DUNCA.N said he agreed with the gentleman from Charleston, 
Jd^r. CARDOZO, and was opposed to the election oi any more officers. 

Mr. J. J. WRIGHT thought the elections might stop with the choice 
of one Page. 

On motion of Mr. H. E. HAYNE, the motion and amendment were 
laid on the table. 

Mr. J. J. WRIGHT — I wish to ofl'er as a motion, that thi& Convention 
do all it can to sustain the Charleston Daily News and Charleston Courier 
for the correctness and impartiality with which they have thus far re- 
ported the proceedings of this Convention, and that we go as far as 
becomes gentlemen to cause the Mercury to "evaporate." 

Cries all over the hall. " I'll second that motion." 

Mr. C. P. LESLIE — Will the delegate from Beaufort reduce his mo- 
tion to writing ? 

Mr. L. S. LANGLEY — Does not this motion require more than one 
second ; for I want the pleasure of seconding it myself? 

Mr. N. G. PARKER — I move that the motion be laid upon the table. 

The motion was not agreed to. 



28 PROCEEDINGS OF THE 

Mr. W. J. WHiPPEE — I trust, ]VIr. President, ^liat the question 
raised will not be sustained. For one I desire to have no bickering with 
newspapers or newspaper dealeis. It is true that some papers have 
reported us fairly, and that others, from pecuniary consideration, have 
indulged in burlesque ; but we are here for some other purpose than to 
censure newspapers, and it will be time enough when our deliberations 
have ended to take action it the matter proposed. I care nothing whe- 
ther the editor of the Mercury, or his representative, comee here to bur- 
lesque th^ proceedings of the Conventioa or the persons of its members. 
He does so for the purpose of making money, and I hope the Convention 
will not f-o far depart from its dignity as to interfere with him in this 
design. We have higher aims before us than to seek to control the 
columns of a journal which at best can do us no harm. 

Mr. B. F. EANDOLPH. It seems to me that to f-upport this resolu- 
tion will be to endorse the .sentiments of these two paper.*, the News and 
and Courier, and I do not understand that either of theia has ever sup- 
ported the Republican party, or does so at the present time. I am, of 
course, pleased to see that both of them exhibit a spirit of fairness, and 
matife^t respect for the Convention, in making their reports of these 
proceedings ; but I cannot recognize the necessity of endorsing them to 
the extent named in this resolution on that account alone. 

Mr. J. J. -WHIGrllT. In offering my resolution, it was not with a view 
to endorse the political course of either of the papers named, but simply 
to commend them to the Coavention for the fairness and correctness of 
their reports ; and for the purpose of stopping furi her discussion , I now 
withdraw my motion. 

Mr. B. F. EANDOLPH. I now move, Mr. President, that the jepor- 
ters of the press be invited within the bar of bhis Convention. 

Mr. L. S. LANGrLEY. I move as an amendment, that the reporter of 
the Mercury be excluded. I do not propose to allow or extend facilities 
to the editor of the Mercury to burlesque this Convention. The manner 
in which we should sustain our dignity is to treat those who do not come 
here as gentlemen, as they really are. Now, ever since th.e Convention 
has been in session, the Mercury has burlesqued its members. I don't 
care any thing about burlesque myself, but I do believe that paper to be 
utterly incapable of a respectable or gentlemanly course, and I am 
not willing for that rebel sheet to burlesque this body. I want it 
to be excluded. I am willing to admit all who act like gentlemen, but 
all who are not gentlemen, but come here in the garb of gentlemen, I 
want to see go out. 

Mr. F. J. MOSES, Jr. I hope that this question, having been opened, 



, CONSTITUTIONAL CONVENTION. 29 

f 

will be discussed fully, aud until every delegate on the floor, who wishes 
to do so, shall have spoken lipon it. I myself regard the motion as one 
of the most dangerous that could be introduced into this body. What 
has this Convention to do with the political course of a newspaper ? 
When the resolution was offered by the gentleman from Beaufort, I was 
in favor of amending it to the eifect that the reporters of the press were 
entitled thus far to the thanks of the Convention for che correct manner 
in which they had reported our proceedings ; but what can we gain by 
putting a seal of condemnation upon the Charleston Mercury ? We have 
nothing to do with the political opinions of , any journal, and whether it 
represents us fairly or unfairly, is a matter which belongs to its own 
management. I go further ; I say that I do not agree with that dogma 
Avhich has been set up here that no person in the State can be a gentle- 
man, simply because he happens to diifer with those upon this floor in 
political opinion. Great God, Mr. President, shall we abuse a newspa- 
per on account of its mere opposition or burlesque of our course ? I do 
not stand here to vindicate the Mercury. It is no friend of mine. I have 
been abused by it since the Convention asse nbied more than any other 
man on the floor, and yet I hope this resolution will be voted down with 
the most empliatie censure, because 1 do not believe the influence of this' 
Convention should be employed to deprive anj paper in South Carolina 
of its patronage. 

Mr. F. L, CARDOZO. I am not in favor of endorsing either of the 
newspapers named. Fair as the reports of the News and Courier may 
have been, they are not understood to be in favor of the constitutionality 
or legality of this Convention. As to the Mercary, ii; has burlesqued us, 
but to attempt to exclude its reporter from the bar of the ^ onvention on 
that account, would be only to exhibit a smallness, a pettiness of spite, 
unworthy of our character. Let it come and pursue what course it may 
please; let us pursue our straightforward course, and the world will 
judge between us. 

Mr. A. J. RANSIER. While I do not approve the course of either of 
the papers that have been mentioned, I agree with the gentleman from 
Sumter, that it is dangerous to discard or turn away any reporter oh ac- 
count of his political opinions or those of his pap^r. It is a stab at the 
liberty of the press; audi am surprised that so much attention has been 
given to the subject. I desire that all the journals shall be welcomed to 
the Convention. As to the Mercury, I think that it has contributed more 
to republican liberty than any other paper in the country. It has shown 
up the sentiments of those opposed to republican principles, and thereby 
benefitted the party. I therefore propose to let it go on, to give it my 
5 



SJ PROCEEDINGS OF THS. 

hearty thanks for tiie serv'ice it Has done, and c^>atinuw to extend 'o itfi 
reporter a welcome to this Convention. 

Mr. N. G. PARKER. In the present -tate of public opinion in South 
Carolina, I think :h;it an attempt to exclude the Mercury or its reporter 
from the Convention, would do that paper more g-ood than liarm, and the 
Convention more harm thin u'ood. While I am opposed to the Mercury's 
manner of carricatuving this body as the "Ring- Streaked and Striped 
Negro Convention," I would give them all the latitude they asked. If 
we attempt to excluae the Mercury they will make money out of it, hut 
give them rope enough and they will hang themselves. 

Dr. N. J. NEWELL. I move that the Mercury be left to the tempera- 
ture of tlie atmosphere. 

Mr. J. H. JENKS. Mr. President, I cannot see the point of that jok e; 
but, nevertheless, Crill for the previous question. 

The call for the previous question was not sustained. 

Mr. W. J. WHIPPER. I am glad that the motion for the previous 
question has not been sustained. While I exceedingly regret that any 
newspaper has cliosen to burlesque the proceedings of the Convention, 
it is proper to say, that any newspaper is entitled to the exercise of the 
privilege, ^o that it does not garble the speech or defame the character 
of an individual, in which case, he certainlj' would have redress. Until 
that is done, we detract from the dignity of our proceedings by paying 
any attention to the matter. It is due to the Mercury to say that it has 
not violated its privileges as a public journal. Its editors have a right 
to burlesque if they choose to use it ; but when they place an individual 
in a false position, he has clearly the right to demand correction. Until 
then, it is frivolous to notice it. 

We have come here for a great purpose, and we should not be swerved 
from it by newspapers, whose chief purpose, while we the representa- 
tives of the people are here to make the laws of the Commonwealth, is 
simj)ly to make five cent pieces. 

Mr. J. 8. CRAIG. I regret that this subject has been brought before 
the Convention, for I think the body should treat the Mercury with the 
silent conteuipt it def-erves. No doubt the other papers are as much 
opposed to our action as that journal, yet they have taken a high-toned 
and gentlemanly stand in tlie treatment both of the Convention and its 
cause ; and I am willing to give them credit for it. But as for the Mer- 
cury, I think it would have been far more" becoming to it, not to have 
stooped to a low and degrading position. For myself I have no regard 
save fnr those who have proved themselves to be true Union men. 

Mr. W. E. JOHNSTON. I am glad that this question is up, for I 



CONSTITUTIONAL CONVENTION. 31 

liave had the liunor of being raised higher by the Mercury than any 
man in the Convention. On Tuesday mJtning, the Mercury said "the 
Hev. Mr. Johnston, in his speeches will cry aloud dnd spare not." Now 
I hope the editor will be spared, and that the Convention will spare him 
until he hears Johnston line out, "not a foot of land do I possess," — 
spare him long enough to see the end of this meeting, and that he will 
be converted before he leaves. 

On motion of IVlr. T. K. SASPOETAS, the whole matter was laid on 
the table. 

(Ju motion of Mr. W. J. McKINTjAY. the reporter.'- of the press wei"e 
invited to peats within the bar. 

Mr. J. J. WEIGHT offered the following resolution: 

Resohed, That a Committee ol thiee be appointed by the President, 
for the purpose of waiting on Major- General Canby, Brevet Brigadier- 
General E. K. Scott, and Governor James L. Orr, and inviting these gen- 
tlemen to seats in the Convention. 

Dr. N. J. NEWELL said that he would state, in reference to Governor 
Orr, that he had advocated reconstruction since last July. 

A VOICE — Not a very long time, that. 

Dr. NEWELL. Ever since last Spring then, and although he may 
not have actually supported the Eepublican party, he has never thrown 
any obstacle in its way, and on all occasions has favored the call for the 
Convention. It has been customary, in all Conventions in South Carolina, 
to invite the distinguished officers of the State to a seat on its floor, 
and I hope no exception will be made in the case of Governor Orr. 

Mr. N. G. PAEKEE moved that the name ol Genefral Clitz be insert- 
ed in the resolution. 

The tnover accepted the amendment. 

Mr. S. A. S WAILS moved that the word "provisional" be inserted 
before the word Governor. 

Mr. J. J. WEIGHT said he would accept jhe amendment to avoid dis- 
cussion. 

Mr. L. S. LANGLEY favored :he original resolution, and desired to 
incorporate the name of the Mayor of the City, P. .C. Gaillard, Esq. 

Mr. WEIGHT accept 3d the amendment. 

Mr. J. M. EIITIjAND said he hoped the proposition to in&ert the 
words "provisional governor" would not be adopted, since it would look 
like half an insult, when it was intended to be a courtesy. 

Mr. A. C. EICHMOND opposed the amendment inviting Mayor Gail- 
lard, on the ground that he was known not to be a sympathiser with the 
purposes of the Convention. He would say nothing disrespectful of a 



fiS 



32 PEOCE|DINGS OF THE 

brave man, who certainly had a riglit to entertain what political opiniuu& 
he saw fit, btit, nevertheless, could see no good reason for showing him 
the same respect that was shown to General Canby or Governor Orr. 

Mr. K. 0. DeTAEGE said he was astonished to see a member of the 
Convention object to extending the common courtesy of the Convention 
to the civil magistrate of Charleston, simply on the ground of party 
politics. If they made that a basis for extending courtesies, there were 
others named in the resolution whose politics and his own did not agree- 
He trusted that Mayor Gaillard. would not be invited simply as Mayor 
Gaillard, but as the representative of the entire people in his official 
capacity. He is the temporary executive officer of the city. This was- 
the Constitutional Convention of thfl State, called by the Reconstruction 
Acts of Congress. They did not know M^yor Gaillard as a partisan, but 
only tnew him in his official capacity. He hoped the amendment would 
prevail. ' 

Mr. A. <^. RICHMOND eaid he did not regard the Mayor of Charles- 
ton as a very distinguished character, and saw no reason why the same 
respect should be shown to him as to the Union Generals named. With 
reference to the Governor of th^ State, there was no reasonable ground 
for refusing to extend to him a common courtesy. He had the reputa- 
tion of being a fair and moderate man, and his official capacity as the 
civil head of the Government entitled him to the same consideration that 
was bestowed on those who represented the military authority. 

Mr, N. G. PARKER s-aid it had not occurred to him to embrace the 
name of .the Mayor in the invitation contemplated; but after, .hearing 
the reasons so ably set forth by the delegate from Charleston, Mr. R. C. 
DeLARGE,: he should certainly vote for the amendment. 

Mr. R. B. ELLIOTT, moved that the "Board ol Aldermen and Com- 
mon Council" be included in the invitation. 

The motion was not agreed to. 

Mr! E. W. M. MACKEY moved, as an additional amendment, that 
the chief of police be also invited. 

The motion was laid upon the table. 
,. The PRESIDENT read the amended resolution as follows : 

^^KResolved, That a Committee of three be appointed by the President 
to wait iipon Brevet Major-General E. R. S. Canby, Major-General R. K, 
Scott, Brevent Brigadier-General H. B. Clitz, and Provisional Governor 
James L. Orr, and his Honor Mayor Gaillard, of the city of Charleston, 
and invite these distinguished gentlemen to seats within the bar of this 
Convention. - ' . 'f 

The question was then taken on the adoption of the resolution, and it 
was decided in the affirmative. 



CONSTITUTIONAL CONVENTION. JJ;i 

Mr. F. 3. MOSES, Jr., of Sumter, iutioduced the following resolution : 

Resolved, That a Committee of three be appointed to wait upon his 
Excellency Governor .James L. Orr, and request him to address this 
Convention, and that said Committee report to-morrow. 

Mr. L. S. LANGLEY moved that the word "provisional" be inserted 
before the word "Governor.'' 

Mr. MOSES accepted the amendment 

Mr. J. J. WRIGHT moved to lay the resolution upon the table. 

The motion was not agreed to. 

Mr. BEVEELY NASH. I want to say, Mr. President, that I am op 
posed to the I'esolution inviting Governor Orr to address this Convention. 
I am unwilling to concede the ricrht to him which he has denied to me — 
the right of' free speech. I hold in my hand now an order from General 
Oanby, by whicl^ on Tuesday last I was called upon to stand before a 
military commission and give an account of a speech which I delivered 
ill Fairfield District, in behalf of the Republican party, at which Gover- 
nor Orr and his friends took umbrage. I am proud to say that the mili- 
tary board decided I had a right to say what I did on that occasion. 
The Constitution of this country guarantees free speech, and as Governor 
Orr has opposed it outside of this hall, I am opposed to men of the stripe 
of Governor Orr exercising the privilege of free speech inside of the hall. 
I am willing to concede the right of free speech under all circumstacces, 
but am not one of those men who bow down and lick the boot of Gover- 
nor Orr, because he happens to occupy the position, of Provisional Gov- 
ernor of South Carolina. I do not believe his sentiments are those of a 
majority of the people of the State, or that, representing, as he does, a 
minority, we shall honor the people by inviting him to fyidress this Con- 
vention. 

A gentleman has said that Governor Orr has endorsed reconstruction 
since last July. So he has, as he understands it ; but his understanding 
is not that of this Convention. His desire is not to come into this Con- 
vention, but to draw this Convention over to him, so that I do not think 
anything he would say could enlighten us the least bit, and if Governor 
Orr he invited to address this Convention, it should be from the steps 
outside. 

We are here to provide a Constitution for South Carolina, not for the 
purpose of making converts. "We didn't come here to see Governor Orr 
make a flight like a squirrel from one tree to another. I remember 
he said to me last spring, "better wait and find out whether 
this is going to be a failure or not; don't jine the Republican party yet ; 



34L PROCEEDINGS OF THE 

don't ji Tie the Democratic party." He wanted me to sit on tlie fenes" 
with him, and Avhen he p^ot ready to make one of his flights, I suppose' 
he wanted me to follow him. No, gentlemen, I don't propose that Ggt- 
ernor Orr shall come here to teach ns ground and lofty tumbling. We 
don't want to tumble, and if he comes here, he will come to let -as see 
one of the loftiest tumbles which he has ever made yet. 

T come from a part of the country wliere the people are Republican; 
from a Diptrict where they would rather hear Governor Perry any time^ 
because we know he is going to cuss us and abuse us every way h© 
can ; but Governor Orr I why, he tumbles so fast that it makes a man's 
head "dizzle" to look at him. I lieard a man aay, on the way 
down liere, that the Governor told a delegate that he v»'as very 
mu'h in favor of the homestead law, and he was going to press the Con- 
vention to make some provision for the people in this respect, and he 
did'nt care whether they called him a nigger or anything elje. 

Now, Governor Orr is in a position which reminds me of what an old 
woman once told me about John Tyler. He's hanging upside down be- 
tween two parties. The Conservatives are trying to kick him off"; the 
Republicans don't want him, and I reckon he'll hang there until the 
blood runs dcjwn into his brains, md then we shall get rid of his body. 

W. J. WHIPPER, of Beaufort. I cannot agree with the gentlemaii 
from Richland that we shall reap any disadvantage from the presence or 
speech of Governor Orr. Certainly I am not afraid of his eloquence ; 
and although it lias been said that his effort is to draw parties over to 
him, I take it that this Convention is composed of firmer material than 
will yield to a single efl^ort, at any rate. For the protection of the 
gentleman from Richland, however, who appears to have reason to fear 
the Governor's power, I presume that the Convention will excuse him 
from attendance. I, however, desire to hear the Governor, and if it be 
true that he will make a grand and lofty tumble, for God's sake let him 
do it, provided he tumbles in the right direction. I think the gentle- 
man from Richland must have betn tin imitator of these gymnastics, for 
if I remember rightly he has done ^ome extraordinary lofty tumbling 
himself. 

It is due to the Governor that he should be invited to address the Con- 
vention. It is a body which has assembled to frame a Constitution and 
civil government, and we must bring to our assistance everything in 
sympathy with us. If Governor Orr proposes thus to aff- -rd the aid of 
his counsel and experience, by all means let him be welcome. We 
have got to use the Provisional Governor of the State to carry out the 
the reconstruction policy, and if he is in sympathy with us, let us know 



CONSIITUTIOKAL CUNVKNTION, {{5 

it. If he is not in sympatliy with us, let us know it also. We are uot 
familial' with the condition of the State. vV^e can learn it only from the 
heads -of departments ; and shall we at the outset ignore the very chief 
■of its civil government? He has not been removed; he holds his office 
by the same authority which permits this Convention to sit here ; and 
^ntil he is removed there should be perfect unanimity of action between 
the Goverm^r and representatives of the people. 

TheeiFort made to raise a laugh over the past career of Governor Orr 
meets with no sympathy from me. It is nothing to me what he has 
done. He is not worse than some of the delegates on this floor, and 
perhaps a great deal mor<' sincere. I am willing that he shall defend 
himself, both as a man and an executive officer of the State. There are 
many men who were not in favor of reconstruction until it became a 
fixed fact ; not in favor of equal suffrage until compelled to yield to the 
irresistible logic of events. I am willing to admit all such, even if they 
make the grand and lofty tumble of the gentleman from Richland. We 
can increase our numbers only by accession from other ranks, and we 
should be anxious and zealous to do so, and to ignore all petty preju- 
dices and passions as unbecoming men who occupy our now responsible 
position. 

Mr. G. PILLSBURY opposed the resolution on thv ground that it 
would entail additional and unnecessary expense. Tlie cost of the CJon- 
vention to the State, he said, was about a thousand dollars a day, and 
between the discussion and the speech it would consume a considerable 
sum of money. He was, nevertheless, anxious to hear the Governor, 
with whom, as yet, he had never been brought in contact, although he 
had been tend that he was corporally large enough for any man to see, 
and suggested that he be invited to address a public rueeting in some 
hall where the Convention could be provided with front seats. 

Mr. E. W. M. MACKEY said he agreed with the remarks of the 
member from Charleston. He would be happy to hear from the distin- 
guished gentleman, but desired, on the score of economy and not to 
consume the time of the Convention, that some other place than the hall 
be procured for the purpose. 

Mr. F. J. MOSES, Jr., modified his resolution so as to appoint the 
hour for the Governor's address to-morrow (Friday) evening. He stated, 
also, that he had introduced it only as an evidence of respect that should 
be entertained by the Convention for the Chief Executive. He did not 
speak for him, and indeed knew nothing of his present political senti- 
ments. 

Mr. E. C. DeTjAEGE strongly favored the resolution, and thought that 



36 PROCEEDINGS OF THE 

if it should cost ten thousand dollars to establish proper accord betvreea 
the Governor and the Convention, it would be money well spent. Through 
his official position, he is better acquainted with the wants of the people 
of the various Districts than any other man now in the State, and even 
though he might disagree with the (Convention in some of its political 
actions, the speaker believed that his counsel and experience would prove 
valuable in the determination of many matters of importance which were 
to come before the body. • 

Mr. DeLARGE concluded by moving the previous question. 

The previous question was ordered, and the main question being put, 
the resolution as amended was unanimously agreed to. 

The PRESIDENT appointed the following delegates as a Committee 
to wait upon Generals Canby, Scott and Clitz: Messrs. B. F. Whitte- 
more, B. Odell Duncan and F. L. Cardozo ; as a Committee to wait on 
Governor Orr : Messrs. F. J. Moses, .Ji\, J. M. Rutland, and W. G. 
Whipper. 

Mr. J. K. JILLSON presented the resignation of Mr. Edward J. Con- 
way, the Sergeant- at- Arms elected last evening, which, on motion of Mr. 
WHITTEMORE, was accepted. 

On motion of Mr. H. E HAYNE, the PRESIDENT appointed a Com- 
mittee, consisting of Messrs. F. J. Moses, Jr., S. A. Swails, H. E. Hayne, 
F. L. Cardozo, R. G. Holmes, W. M. Yiney, E. W. M. Maekey, P>. O. Dun- 
can, J. M. Rutland, J. M. Allen, S. Johnson and J. A. Crews, to nomi- 
nate a suitable person for the position. 

Mr. N. G. PARKER offered a resolution appointing a Committee of 
three to make changes on the floor for the better accointnodation of dele- 
gates, to provide desks and stationery, and secure the hall, for which, as 
he announced, two hundred and fifty dollars a week, or one thousand 
dollars for the session, was charged by Mr. J. P. M. Eppfcig, the pro- 
prietor. 

The resolution was adopted, and the PRESIDENT appointed Messrs. 
Parker, C. C. Bowen and B. 0. Duncan as a Committee on the hall. 

Mr. E. W. M. MACKBY moved that a Committee of nine be appoint- 
ed by the Chair, to report what Standing Committees are necessary to 
conduct the business of the Convention. 

The motion was agreed to, and the PRESIDENT appointed the fol- 
lowing delegates : Messrs. B. F. Whittemore, F. L. Cardozo, F. J. Moses, 
Jr., J. J. Wright J. M. Rutland, R. B. Elliott, B. O. Duncan, N. G. 
Parker and C. M. Wilder. 

Dr. N. J. NEWELL, moved that when the Convention adjourn, it 
be to meet at 8 o'clock, P. M. 



CONSTITUTIONAL CONVENTION. 3^ 

Mr. H. E. HAYNE moved to Insert " ten o'clock, A. M., to-morrow," 
which was agreed to, and 

On motion of Mr. C. M. WILDER, the Convention adjourned. 



K O U R T H D A^ Y . 
Friday, Jain nary 17, 1?^6S. 

The Convention assembled at 10 A. M., and was called to order by 
the PRESIDENT. 

Prayer was offered by Rev. P. L. CARDOZO. 

The roll was called, and ninety members answering to their names, 
the President announced a quorum present, and the Convention ready 
to proceed to business. 

The Journal of yesterday was read and approved. 

Mr. P. J. MOSES, Jr., Chairman of the Committee appointed to recom- 
mend the name of a suitable person to fill the position of Sergeant-at- 
Arms, reported that they had not been able to .perform satisfactorily the 
important duty assigned them, and requested that further time be 
granted. 

The report was adopted and the request granted. 

Mr. F. J. MOSES, Jr., from the Committee to wait upon his Excel- 
lency Governor James L. Orr, and to request that he would address the 
Convention, reported that they had performed that duty, and that his 
Excellency had accepted the invitation. The Committee recommend 
that when this Convention adjourns, it adjourn to meet this evening at 
half past seven o'clock, and that the Governor be introduced to the 
Convention at eight o'clock. 

The report was adopted. 

Mr. N. G. PARKER, from the Committee appointed to make altera- 
tions for the better accommodation of delegates, and to provide sta- 
tionery and desks, reported that they had discharged the duty, furnished 
stationery and provided desks. 

The report was adopted. 

Mr. PARKER moved that the Convention proceed to an election for 
a printer. 

Mr. DUNCAN hoped the employment or nomination of a printer to 
the Convention, would be left to one of the Standing Committees, whose 
business it might be to attend to that duty. 
6 



im I'RLMJEEDINGS OF THE 

Mr. J. J. WEIGHT said as there were several candidates for printer^ 
he thought ihe matter should be left to the decision of the Convention. 

Mr. DUNCAN said the action of the Committee was not binding on 
the House, but they could make the best terms and then submit the 
propositions to the House. 

The motion to elect a printer was agreed to. 

Mr. E. W. M. MACKEY nominated H. Judge Moore, publisher of 
the Charleston Advocate. 

A delegate stated that Mr. Moore's facilities for doing the work were 
ample, and, moreover, that he had intimated his purpose, if given the 
printing of the Convention, to comTnence the publication of a daily Re- 
publican paper. 

Dr. N. J. NEWELL moved to lay the subject on the table. 

The motion was not agreed to. 

Mr. DUNCAN moved that a Committee of three be appointed to 
communicate with the several printing establishments in the city, and 
ascertain the best terms and arrangements for the work that can be 
effected, and to report at the next session of the House. 

The PRESIDENT stated as the motion to elect was adopted, no other 
motion could be entertained except a subsidiary motion. 

Mr. R. C. DeLARGE moved to strike out all after the word "resolved," 
and insert "that a Committee of three be appointed by the House to 
receive bids for the printing of the Convention, the names of the respec- 
tive parties and their proposals to be reported to-morrow morning." 

The substitute was adopted. 

Mr. DeLARGE moved a reconsideration of the motion just adopted, 
and that the motion for reconsideration be laid upon the table. 

The PRESIDENT announced the following Committee on Printing ; 
Messrs. R. C. DeLarge, Dr. J. C. Neagle, S. Corley, A. C. Richmond, 
B. F. Randolph, J. M. Runion, L. S. Langley. 

Mr. J. M. RUTLAND offered the following : 

Resohed, That it be referred to a Special Committee of five, to en- 
quire as to the propriety of calling to the aid of this Convention one or 
more of tlie Solicitors of the State, for the purpose of preparing, in 
proper legal form, the Ordinances find other measures of this Conven- 
tion, and that the said Committee report by resolution or otherwise. 

Mr. E. W. M. MACKEY moved that the resolution be laid on the 
table, which was agreed to. 

Dr. N, J. NEWELL called the attention of the President to the fact 
that a number of gentlemen had been appointed upon three out of five 
Committees yesterday, and some of them made Ohairmai; of two. Other 



CONSTITUTIOXAL CONVENTION. 3f> 

members, repi'esenting larger and more wealth^"^ constituencies, hai been 
ignored in these appointments. He believed this had occurred through 
inadvertence or in the hurry of busines.s, and not from any partiality on 
the part of the President. To prevent its recurrence, however, he sub- 
mitted the following resolution: 

Reaolved, That no delegation be allowed to serve upon more than one 
Standing Committee at a time, and that should it create inconvenience 
to the several Committees, the Convention, shall so arrange its delibera- 
tions as to give them ample time to prepai'e business. 

The PRESIDENT stated that one gentleman was appointed on three 
Committees, and, to his surprise, another had been made Chairman of 
two. This arose from his unavoidable temporary absence during the 
session of yesterday, and the occupancy of the Chair by another presiding 
officer, (Mr. WHITIEMORE.) Several gentlemen had been appointed 
by both officers to different Committees, and hence the labors of these 
gentlemen were much increased, to the regret of the President, who 
desired that the labors of the Convention in Committee work should be 
equally divided among the members. It was not the intention of the 
Chair to make appointments other than in the most impartial manner, 
or to make any gentleman work more than he should. 

Dr. NEWELL begged leave, after these^ explanations, to withdraw 
his resolution. 

Mr. B. BY ASS offered a resolution that the Sergeant-at-Arms be re- 
quired to reserve seats for the use of lady spectators. 

Mr. L. S. LANGLEY moved to amend by striking out the words, 
"lady spectators," and insert ladies, which was agreed to. 

The resolution as amended was adopted. 

Mr. S. A. SWAILS offered a resolution for the appointment of a Com- 
mittee of three to wait upon the Hon. George S. Bryan, United States 
District Judge, and Major D. T. Corbin, United States District Attorney, 
and invite them to a seat on the floor of the Convention. 

Mr. R. C. DeLARGE moved to amend by inserting, " and all other 
Judges from Courts of Record in the city." 

Mr. J. J. WRIGHT objected, as he might be placed upon that Com- 
mittee, and he should dislike the responsibility of going round to invite 
all the Judges of the Courts of Record. 

The amendment was not agreed to. The original resolution was then 
adopted. 

On motion of Mr. E. W. M. MACKEY, a Committee of three was 
appointed to define the duties of the subordinate officers of the Conven- 
tion. 



40 PROCEEDINGS OF THE 

The PEESIDENT announced the following Couimittee : jl. W. M, 
Mackej, D. H. Chamberlain, and W. E. Rose. 
Mr. L. S. LANGLEY offered the following : 

Resolved, That, in the opinion of this Convention, the woal of the Re- 
public and of the Commonwealth of South Carolina requires that the 
further confiscation of lands and disfranchisement for political, offeiices 
should be forever abandoned. 

On motion, the resolution was laid upon the table for the present. 

Mr. WHITTEMORE, Chairman of the Committee to report what 
Standing Comn;ittees were necessary for the Convention, reported the 
following : Committee on Bill of Rights. Legislative Committee, Execu- 
tive Committee, Coaimittee on the Judiciary, Committee on Franchise 
and Elections, Committee on Education, Committee on Finance, Commit- 
tee on Rules and Regulations, Committee on Petitions, Committee on 
Miscellaneous Matter, Committee on Review and Consolidation. 

The Report was adopted and the Committee discharged. 

Mr. WHITTEMORE, from the Committee appointed t(^ wait upon 
Generals Canby Suo:t, Clitz, His Excellency Governor Orr, and the Mayor 
of the City, reported that having waited upon those gentlemen, they all 
expressed tlieir thanks for the compliment, and requested the Committee 
to assure the Convention that they would take the earliest opportunity 
to visit the body. < 

The report was adopted, and on motion of Mr. R. C. DeLARGE, the 
Committee was discharged. 

Mr. l^UNCAN offered l!he following resolution which was adopted : 

ilesolved^ That a Committee of five be appointed to consider what 
measures are necessary for the relief of the people of the State, and to 
report as early as possible. 

On motion of Mr. R. C. DeLARGE it was 

Resolved, That all resolutions and motions, save those of temporary 
character, be referred to the appropriate Standing Committees. 

Mr. J. M. RUNION offered the following : 

1. Resolved., That whatever differences of opinion may exist as to the 
late plan of reconstruction enacted by the Congress of the United States, 
however ultra men in the South or in the North may oppose or denounce 
them, there is but one course of action fi>r the true patriots to pursue, 
and that is unhesitatingly and in good faith to carry out their enact- 
ments. 

2. Resolved, That the reconstruction measures, as passed by Congress, 
should be recognized as being the supreme laws of the land, passed by 



CONSTITUTIONAL CONVENTION. 41 

the constitutional authority of the United States, and aru therefore en- 
titled to the unhesitating support of every citizen of this great Kepublic. 
3. Resolved, That those measures combined loriu a harmonious whole 
and constitute the chart by which twelve millions of people are to be 
guided into the haven of perpetual union on the basis of equal justice, 
without regard to race or color. 

On motion of Mr. R. 0. DeLAEGE, the resolutions were referred to 
the Committee on Bill of Eights. 

The PRESIDENT announced Messrs. NEWEI.L. JILLSON and 
KERSHAW as the Committee to wait upon Judge Bryan and District 
Attorney Corbin, and invite them to seats in the Convention. 

Mr. B. r. E.YNDOLPH moved that a Committee on Mihtia, a Commit- 
tee on Charitable Institutions, and a Committee on Incorporations be 
added to those named by the Committee on Standing Committees. Re- 
ferred to the Committee on Miscellaneous Matters. 

Mr. N. G. PARKER offered the following, which was referred to the 
Committee on the Legislative part of the Constitution : 

Whereas, in every State of the United States, and ^n every unrecon- . 
structed State under the Government of the United States, the several 
divisions of the same are denominated counties, except the State of South 
Carolina and Louisiana ; theiefore 

Resolved, That the several Districts of this Sttite shall hereafter be 
known and denominated Counties. 

Mr. B. O. DUNCAN offered the following : 

Resolved, That Major-General Ed. R. S. "Canby be requested to sus- 
pend all executions of judgments or other forcible collections of debts 
contracted prior to the oOth June 1865, for the space of three monthN, 
or until further measures of relief can be matured by this Convention. 

Mr. E. J. MOSES, Jr., said the resolution was entirely superfluous, as 
General Canby bad already issued such an order. 

Mr. WHITTEMORE asked if this resolution was designed for the 
protection of any of the gentlemen of the Convention. 

Mr. DUNCAN said be was not aware that such was the case. It was 
not the case of the mover at any rate. 

Mr. J. J. WRIGHT said he was utterly opposed to the proposition. 
General Canby had already issued an order securing to every person a 
home, which was evidently all the resolution aimed to accomplish ; but 
whether he had done so or not, it would be well for the Convention ^^o 
pause before dictating measures which could not be carried out when 
enacted. It might be necessary to pass some laws of a legislative char- 
acter, but it remained to be seen when or how they were to be enforced. 



12 PROCEEDINGS t)F THE 

For oae he preferred to see the Ooavention engaj^d in its legitimatt? 
work — namely, that of framing^ the Coastitutioa and establishing the 
supreme law of the State. He h')ped, ttierefore, the resolution wo-uld be 
voted down. 

Mr. DUNCAN said he did not presume to dit-tate to General Canby- 
This is a simple request, and a Convention of the ]>eople of South Caro- 
lina had a right to make that request. General Canby's order does not 
include debts contracted prior to the secession of the State, but only those 
between the 19th of December, 1800 and the oOth of June, i860. The 
debts now oppressing the people of the State are those contracted prior 
to the war. During the war, debts could be paid, but there was a regu- 
lation of the finances of the rebel Government which prevented the possi- 
bility of paying old debts. On that account the present order of General 
Canby does not cover the troubles of the country. Th«se troubles are 
not known generally. Hundreds of farmers are burdened with debts 
contracted when property was in an entirely different condition and lands 
were more valuable. Now the sale of these lands will not pay the debts 
when sold, as they are at great sacrifice. The creditor is not paid, and 
the debtor is thrown out of house and home. The only class benefitted 
are the men who speculated during the war, and the lawyers who collect 
the debts. Nor are the freedmen benefitted, for they are deprived of em- 
ployment by the breaking up of their old homes and employers. Pass 
such an order as this, however, and the farmers and planters will be 
enabled to procure farming implements and provisions. 

Mr. J. H. RAINEY advocated the passage of the resolution. He 
believed it to be of vital importance ; many debts had been contracted, 
for which bonds were given; for instance, debts due for the purchase of 
slaves. These bonds had matured, and the debtor being unable to meet 
his obligations, his lands were seized and property taken by the officers 
of the law. He thought the Convention shoald take measures to 
ameliorate the condition of the people at this time. If they had been 
able to accumulate any money during the past year, they should be 
allowed to keep it to purchase farming utensils and provisions to meet 
their necessities. If we allow them to be taken hold of by the law, our 
State will be more impoverished and no good will be gained. He had 
no doubt the gentleman from Beaufort, (Mr. J. J. WRIGHT,) was in favor 
of enforcing the law, as he is a lawyer and gets his bread by its enforce- 
ment. They, the representatives, were not lawyers, and they should be 
desirous of doing everything to ameliorate their condition. 

Mr. r. L. CARDOZO. I am opposed to the passage of this resolution. 
The Convention should be certain that their acts are not of doubtful con- 



CONSTITUTIONAL CONVENTION. 43 

stitulionality. The law8 (»f tUe United States do not allow a State to 
pass a law impairing the obligations of contracts. This, I think, is 
therefore a proper subjeiM for the Judiciary. I am heartily in favor of 
relief, but I wish the Convention to have nothing to do with that matter. 
The resolution was laid on the table. 

Mr. R. C. DeLARG-E moved that the resolution oiFored by Mr. L. S. 
LANGLEY, relative to non-confiscation and non- disfranchisement, which 
had been laid upon the table, be taken up. 

Mr. DeLAEGE called for the yeas and nays. 

Mr. WM McKINLAY, of Charleston, rose to explain his vote, saying 
that he unhesitatingly made the declaration that he was in favor of the 
principle embraced in the resolution, but would vote against taking it 
up, because he thought the discussion of the question premature. 

The yeas and nays being called, resulted as follows ; 

Yeas — Messrs. Lt^slie, Parker, Chamberlain, Hurlej', Wilder of Beau- 
fort, Bell, Whipper, Langley, Mackey of Charleston, DeLarge, Bowen, 
Dickson, Driffle, Elliott, Wooley, Rutland, Edwards, Webb, Eainey, 
Allen, Runion, (.'ooke, Hayne of Marion, Johnson of Marion, Thomp- 
son of Marion, Duncan, Mackey of Orangeburg, Randolph, Bryce, John- 
son of Pickens, Nateh, Wilder of Richland. Thompson of Richland, 
Coghlan, Lee, Moses, Johnson of Sumter, Goss, Olson, Darrington, 
Rose, Corley, C. D. Hayne, Camp, Wingo and Gentry — 46. 

Nays — Lomax, Hunter, Perry, J. N. Hayne, Mayer, Middleton, Gray, 
Lee, Richmond, Jervey, Becker, B^as, Smalls, Wright, Holmes, Ransier, 
Mclvinlay of Charleston. Cardozo, Cain of Charleston, Sanders, Burton, 
Thomas, Viney, Craig, Shrtwi^buiy, Lang, Whittemore, Brockington, 
Humbird, Rivers, Hairis, Arnim, Jacobs, Miller, Johnson of Greenville, 
Thompson of Horry, Jones of Horry, Jillson, Dill, Chestnut, Clinton, 
Jones of Lancaster, Davis, McDaniels, Owens, Stubbs, Jackson, Collins, 
Nance, Henderson, Sasporta.s, McKinlay of Orangeburg, Maulden, Do- 
gan, Nuckles, Swails, Neagle, White, Mead, Milfbrd and Foster — 61. 

Absent — Williamson, Newell, Johnson of Anderson, Jenks, Pillsbury, 
Alexander, Nelson, Perry, Donaldson, DeMeddis, Bonum, Boozer, Crews, 
Cain of Orangeburg, and Robertson — 16. 

So the motion to take the resolution from the table was not agreed to. 

The PRESIDENT announced Messrs. E. W. M. Mackey, D. H. Cham- 
berlain and W. E. Rose, Committee to instruct the subordinate officers 
as to their various duties. 

Mr. C. P. LESLIE oflertd the following resolution, which was referred 
to the Committee (m the Legislative part of the Constitution. 

Wheeeas, the financial condition of this State, considered in connec- 
tion with the future prosperity of the people, requires the earnest atten- 
tion ol this body, 

Resolved, That a fit and proper provision for homesteads be incorpo- 
rated in the Constitution of this State. 



'tl ' PROCEEDINGS OF THE 

On motion of Mr. R. 0. DeLARGE, all the Judg-es of the State Courts 
now in thft citj, were invited to seata upon the floor of the Convention. 

Mr. N. (Jr. PARKER offered the folio winij Ordinance, which was re- 
ferred to the Committee on the Constitution : 

AN ORDINANCE 

TO ALLOW EACH HEAD OF A FAMILY IN SOUTH CAROLTWA A HOMESTEAD, AND 
TO PKEVEjS^T the LEVY AND SALE OF THE SAME UNDER ANY CIRCUM- 

:STANCES. 

Be it ordained, That hereafter each head of a family in this State shall 
be allowed to own a homestead, which shall consist of one hundred acre& 
of land, with a dwelling house and other improvements thereon, if not 
exceeding the value of two thousand dollars ; Provided, That none of 
the above lands be within the limits of a city or incorporated town, or in 
lieu of the above land, real estate in a city or town not exceeding two 
thousand five hundred dollars. The above named homestead shall be 
exempt from levy and sale by virtue of any process whatever under the 
law of the State. 

Mr. B. BYAS offered the following, which was referred to the Legis- 
lative Committee : 

Resolved, That a Special Committee be appointed to take into con- 
sideration the political division of the State. 

Mr. F. J. MOSES, Jr., gave notice that on to-morrow he would introduce 
the following : 

Kemlved, That it be referred to a Special Committee of ten to ascertain 
whether or not there exists any authority in this Convention to legislate 
beyond and independent of the Reconstruction Acts of the United States 
Congress. 

Mr. T. HU RLEY introduced the following Ordinance, which was re- 
ferred to the Judiciary Committee : 

AN ORDINANCE 

TO ANNUL ALL CONTKACTS AND LIABILITIES FOR THE PURCHASE OF SLAVES 
WHERE THE MONEY HAS NOT YET BEEN PAID. 

Be it ordained by the people of South Carolina, in regular Convention 
assembled, That all contracts and liabilities made for the purchase of 
slaves, whether by parole or under seal, where the money has not been 
paid, shall be null and void, and all Clerks of Courts of Common Pleas 
and Masters in Equity, be required on proper affidavits to annul the 
same. 

On motion the Convention adjourned. 



CONSIITOTIONAL CONVENTION. i^ 



'. KVKNIJSTG- SESSION. 

The Coavention re-assembled and was called to order at half-past 
seven o'clock. 

On motion of Mr. F. J. MOSES, Jr., it was ordered that when this 
Convention adjourns, it adjourn to meet at 12 M., Monday. 

Mr. B. F. EANDOLPH gave notice that he would, on Monday, intro- 
duce a petition to the Congress of the United States, praying for the 
continuance of the Bureau of Freedmen, Refugees and Abandoned Lands, 
until the restoratiou of the civil government, and that then a Bureau of 
Education be established by the General Government, 

On motion of Mr. R. C. DeLAEGE, the floor of the Convention was 
thrown open to visitors for the evening. 

General Canby and Staff here entered the hall, and was greeted with 
great enthusiasm, which was gracefully acknowledged by the General. 

The PRESIDENT, after introducing the General to the Convention, 
said that the latter requested him to say that he was unable at present 
to make a speech, but hoped they would take the will for the deed and 
receive his kindest thanks. 

His Excellency Governor Orr, arrived shortly after, and was escorted 
into the hall by the Committee. 

On the stage were the President of the Convention and Generals 
Canby and Scott. The Governor, on ascending the stage, was received 
by the PRESIDENT, who said : 

Governor Orr : I am gratified that it becomes my duty as the organ 
of the Constitutional Convention of South Carolina, to welcome you to 
the floor of the house. The members of this Convention desire only to 
act for the good of the Commonwealth, whose people they represent. 
While they feel the most profound respect for the exalted official position 
which you occupy as the Chief Magistrate of the State, they are well 
aware that that position gives you an ample opportunity of becoming 
peculiarly cognizant of the condition and wants of their constituents. 
They, therefore, desire to hear your voice on those subjects, and profit 
by your knowledge and experience. I promi*>e you in their behalf, a 
patient and attentive hearing, and a careful consideration of the topics 
you may present. 

Gentlemen of the South Carolina Constitutional Convention, I have 
the honor to introduce to you His Excellency James L. Orr, Governor of 
the State. 

Mr. President and Gentlemen of the Convention : I esteem the invi- 
tation which you have extended to me to address this Convention, as a 
compliment paid to the existing Executive authority of the State, more 
than to the individual who represents that authority ; therefore, in behalf 
of the State for your kind consideration I tender you my thanks. 
7 



46 PEOCEEDINGS OF THE 

Yi>u are Ito-VL- la Convention to frame a Constitution for tliie people of 
South Carolina, iind have heen elected in conformity to the laws of the 
United States. 

Unfortunatelj, in luy judgment, for the best interests of the people of 
the lati: Oonfederiite States, serious diiferences have arisen between the 
President of the United States and the Congress. In 18G5, immediately- 
after the surrender of General Johnston, the President appointed Pro- 
visional Governor*, and provided for the calling of Conventions in all of 
the Southern States. The programme which he adopted was not in 
unison with the views of Ocjngress, and, after very considerable delay, 
the Reconstruction Acts of March were passed. The Congress claimed 
that the power to reconstruct the Southern States which were in rebel- 
lion against the authority of the United States, belonged to them and not 
to the President, clence, they ignored his action. It is due to frankness 
that I should say that, in my judgment, the plan proiected by the Piesi- 
dent. and whicli has been carried into execution in all its details, except 
as to the re])resentatives in Congress, was not only liberal but wise. 
With reference to the latter point, however,, Cono^ress having taken a 
different view of the subject, determined that the Southern States shall 
not be admltteil to representation and to equal privileges in the Union 
upon any other basis than that which has been prescribed. The Act& 
passed go even further. T'hey assume that the South, in relation to the 
government stands in the position of conquered provinces, and that as a 
conqueror, it has a right to prescribe the terms and conditions upon 
which the South is to be admitted into the Union. 

It is unnecessary, on the present occasion, that I should discuss the 
constitutionality or wisdom of the A.cts of Congress. Let it suffice for 
me to sa}"- that they have become the law of the land. They are laws 
which have been adopted in strict accordance with all the fom:is pre- 
scribed by tue Constitution of the United States, and as a law-abiding 
citizen, not only now. but from the time of the passage of these Acts in 
March last. lam one of thor^'e who believed that it was not only the duty, 
but the interest of the people of the Southern States to go to work in 
earnest and carry them into operation. 

Hence, immediately after the passage of the bill in March last, I pub- 
licly advised the people of the State, of all complexions, who were en- 
titled to register to do so, and then go to the ballot-box and vote for the 
veiy best men pos^.ible to frame a Constitution in conformity with the 
provisions of the Acts of Congress. 

My advice upon the subject ought, I think, to have been received as 
disinterested, since the execution of these laws excluded me from all the' 
privileges of a citizen, because I belonged to the disfranchised class. 

At the extra session in July the Legislature made the restrictions even' 
more stringent than they were before, and this harshness on the part of 
Congress has had much to do with the action of the white people of South 
Carolina, in refusing to go to the polls and participate in any respect 
whatever in the (flection of delegates to the Convention. In this. I 
think, a great mistake has been committed by the great majority of 
whites of South Caiolina. My judgment was, and is, that every white 
man who registered should have gone to the polls and voted. I even 



CONSTITUTIONAL CONVENTION. 4Y 

go further. I think that the whites, who have the intelligence to a very 
large extent, should, in Convention or otherwise, have submitted to the 
colored people oi the State propt^sitions as to the privileges and fran- 
chises which they are entirely willing to extend to them, now that the 
whole of the race have been declared free, not only b^ the constitutional 
a,mendment, but by the action of the Convention of the State. . 

The fact cannot be disguised, however, that the white population has 
almost unanimously abstained from exercising the privilege, and your 
Convention is, therefore, strictlj speaking, the reprebentative only of the 
colored population of South Carolina. This being the case, it cannot be 
denied that the intelligence, refinement arid wealth of the State is not 
represented by your body. Hence, the very high duty is devolved upon 
you of discharging the important trusts confided to your care in svich a 
manner as to commend your action to the confidence and support, not 
only of those hy whom you were elected, but of those who refused to go 
to the polls and vote in the election. 

I say to you, very frankly, that I regard this body as invested with 
the sovereign power ot the State, and that the Constitution which you 
may adopt lor the people of South Carolina is one which will not onh' 
he ratified and accepted by Congress, but one under which all classes in 
South Carolina will live for years to come. 

The party which has passed the reconstruction laws has undisputed 
control of the Government in both houses of Congress, and will retain it 
until the 4th of March, 1869. Prior to that time a Presidential election 
will occur. The probability is that an individual representing the Con- 
servative and Democratic element in the North and West will be elected 
President. It may be that a Conservative element will largely prepon- 
derate in tbe next election for members of the House of Representatives 
on the 4th day of March, lSt)9, who are Conservative or Democratic, and 
opposed to the legislation that may have been adopted, it will be impos- 
sible to effect a repeal of these acts, obnoxious as they are to the new 
party, prior to the 4th of Mai th, IhTl. Confirmed as I am, therefore, 
in the opinion that the legislation of the present and preceding Congress 
will remain in force until the Ith of March, '71 . and that any Constitu- 
tion adopted by this Convention will continue to be of force until that 
time at least, I have felt it to be my duty as the Executive of the State, 
and as an individual, to be present in Charleston during the sessions of 
your Convention, in the ho],)e that through official, if not personal, 
influence, I may accomplish something in securing from the Convention 
a liberal, just, and wise Constitution. 

If such a Constitution is adopted, harmony, good feeling and prosper- 
ity will prevail. If, however, extreme views and measures are engrafted 
upon that instrument, it will increase the interest which now exists be- 
tween the two races, and force the whites of the State, who have the 
means to do so, to leave its borders and seek homes in other communi- 
ties. It will produce discontent and disquiet everywhere, and confidence, 
trade and enterprise will all be paralyzed. As responsible duties are, 
therefore, devolved upon you as were ever devolved upon a similar body 
o^ men in any State, th-^ interest and prosperity of South Carolina de- 
pend not only upon law and a good Constitution, but upon the kind rela- 
tions which are to be established between the two races. 



4IS PROCEEDINGS OF THE 

It is idle to disguise the fact ttat the white and colored races, where 
they have been thrown together, Avith equal privileges, have rarely, if 
ever, been able to harmonize. 

The experiment of giving to the colored people of the South all of the 
privileges of the franchise of citizens is a novel one, and time only can 
determine whether it is to be a success or a failure. On the one hand it 
is said that the negro is utterly incapable of exercising the rights and 
privileges of a citizen. On the other hand it is said that the "rebel" — 
tiie msm who pariicipated in the war — should not be allowed to partici- 
pate in the Government. Those of you who are to the manor born know 
the fact that very few white men in 8ouih Carolina abstained from some 
partii ipation in the late war. You know further that the intelligence, 
wealth and virtue of South Carolina entered eagerly into that war, and 
that when it is attempted to disfranchise or denounce these persons as 
unworthy of public trust, it is to exclude the real intelligence and expe- 
rience of the State from her councils. This is one of the reasons why 
so little experience is to be found in your body. 

To supply this deficiency it is the duty of the Convention to give to 
every question that may be submitted the gravest and most potent con- 
sideration. When you appreciate the fact that the intelligence of the 
white population is antagonized to you ; that all of your acts will be 
looked upon with distrust ; when you remember that whatever jou do 
will be subjected to the severest scrutiny at home and abroad ; when 
you know that whatever errors are conmiitted here will be reviewed by 
no friendly eye, the duty is doubly incumbent upon you of framing a 
Constitution which will challenge the criticism and condemnation of the 
most intelligent portion of the State. 

Believing, as I have said to you, that you liave assembled here with 
proper motives ; that the Constitution framed by you will be the law 
under which the people of South Carolina will live for years to come, 
and, occupying the position of Chief Executive of the State, I am here 
to give to memV)ers of your body the benefit of whatever suggestions, 
may occur to my mind, provided I can do so without seeming to intrude. 
My earnest desire is that this Convention shall adopt a Constitution 
which will meet with the cordial support and approval of the white as 
well as the black race. If it be jutt, wise and liberal, when the ques- 
tion comes up on its adoption, I shall certainly recommend my friends to 
vote for it. If unwise or unjust, I shall be equally free to urge its rejec- 
tion. 

It is proper to say here that in my judgment it was unfortunate that 
the election of delegates to this Convention should have been influenced 
by the politics of the day. Members should have been chosen without 
reference to their opinions upon national politics. It was immaterial 
whether they were Conservatives, Radicals or Democrats. The best 
men of each District, without reference to antecedents or to present 
political opinions, ought to have been selected for the great purpose of 
framing a Constitution. This was my advice to the people of the State 
months ago. It was a matter of little consequence who was elected as 
representatives of the State in the Senate or House of Representatives 
of the Ignited States, whether Radical, moderate Republican or Demo- 



CONSTITUTIONAL CONVENTION. 49 

©rat, as compared with the important duty of framing a Constitutiou for 
a people which was to last for years. The whites in the State [lave ab- 
stained from going to the polls, and the blacks mainly have been con- 
trolled by th(^ Radical party. Although thus elected, let the memberb of 
the Convention remember that the Constitution which they adopt for the 
people of South Carolina may, in all probability, be the Constitution of 
the State for the next twenty years— when Radical, Republican and 
Democratic parties may have passed away and others have taken their 
place. Anything, therefore, which savors of a partisan purpose, incor- 
porated in the Constitution may, in a very few years, find that it has 
outlived its purpose, its supporters, and its proteges. 

In framing a Constitution, many improvements may be made upon 
the existing laws of the land. I beg very briefly to call your attention 
to some of them. If they are adopted, in my judgment, when the 
question is presented to the people of the State to ratify or reject the 
Constitution, you will be able lo command in its favor a much larger 
vote than was polled in the election of delegates to the Convention. 

First. Upon the question of the elective franchise, I desire most earn- 
estly to recommend that you incorporate no disability whatever in it ; 
that you allow every man in the State, even those who have been dis- 
franchised under the Constitutional amendment, to exercise the right of. 
suffrage, and of holding office, with the restrictions that no one shall 
exercise that franchise unless he may be able to read and write, or has 
a property qualification such as you may determine. 

In voting upon the ratification of the Constitution you may adopt, all 
registered voters will of course be included, which will of course secure 
its adoption. With the view of carrying out fully the views of the Con- 
vention, the first Legislature to be elected under the Constitution may 
be elected by all male voters over twenty-one years of age, but after 
that time, if not before, I urgently recommend that qualified suffrage 
extending to all classes and races be provided for in the Constitution. 
A man who goes to the polls after January 1, ll>70, whether he be white 
or black, who is not able to read or Avrite, should be excluded from the 
privileges of a voter. 

Representing as you do, almost exclusively the colored element of 
South Carohna, you are not invisible to the fact, and to its legitimate 
results, that very many of the voters who have sent jou here have not 
that intelligence with reference to men and measures which should en- 
title them to cast a vote. You know that thousands of them are utterly 
incompetent to exercise this high prerogative. 

You may think that to pe -petuate your power, and to preserve jour 
organization, it is necessary to continue the franchise to this class of per- 
sons, but eventually you will find that you have been sadly mistaken. 
Many of the colored men of the State have an intelligence which entitles 
them, in their new relations, to the privileges of citizens ; but very many 
are incompetent to exercise them with discretion or judgment. These 
will become the prey of evil, vicious and indisposed men. When an 
election is to occur with such voters, the bad will get theii votes, and not 
the good. 

In view of the fact that the colored population have a large majority 



50 PRuCEEDlJSaS Of THE 

in this State, and that tlie bulk of them arw to he coutrolieii f>j ihsae 
evil iiiilueuses, what kind of judi^es, iegisUitars, and executive ofticersv 
can yuu hope for ? Is vice and ignorance to ele ;t your judges ? Are^ 
the representatives of vice and ignox-ance to elect your legislators ? If 
so, what security have you- for the rights of life, liberty and property ? 
I, therefore, in view of the responsibility before us^ and in all proba- 
bility in antagonism to the sentiments of a very large majority of this- 
body, recommend earnestly that in framing that feature of tbe Constitu- 
tion conferring the e'ective franchise, you establish an educational quali- 
fication for the voter, hut — not being able to read or write — that you 
establish a pi'operty qvialification. 

Second. • If you desire that this Convention should commend itself to 
the favorable consideration of the people of the State, white and 
colored, I recommend that you adopt in the Constitution a provision for 
a liberal homestead law — that you make it applicable to ail those wLo 
now own a homestead and protect them against antecedent debts. The 
disasters resulting: from the war, the abolition of slavery, and, theroby, 
the wiping out of the fortunes of very many of those who were wealthy 
prior to the war, as a matter of humanit}^ demands that you should pro- 
tect them as to the past by a liberal homestead law, and securing that 
home to its owner in the future. The homestead law which guarantees 
to a family fif iy dollars or one hundred acres in the country, and a town 
lot or house in the city, is not onJy humane but patriotic. In the country^ 
where the head of a family knows that his homestead is pi'otected, he 
goes to work to beautify and adorn the same. He plants his orchard 
and his vineyard. He erects his buiidiugs, decorates his dwelling, and 
makes all of his surroundings comfortable, and invites happiness and 
content to his hearth. 

Perhaps one of the gi'eatest troubles in American legislation has been 
in not protecting the homestead. It has made tiie American people 
almost as great wanderers as the Arabs. When a iarmer planted an 
orchard or a vineyard, he had no assurance that live years thereafter the 
result of his care and labor would not pass into tbe hands of strangers. 
Grant, therefore, a liberal homestead law, providing against past and 
future debts so that the white man who has his home now, and the black 
man who may secure a home by industry and economy heron fter, can 
feel that it is secured to him, and you will find not only an increase in 
the prosperity and happiness of the State, but you will stimulate a 
patriotism which has not heretofore existed. Wherever you identify a 
man and his household with the soil upon which he lives you make that 
man, if from no higher considerations of love of country, a defender of 
the country when 'tis assailed, because the assault is upon his individual 
household. 

Third. I urge you to provide for the abolishment of imprisonment 
for debt. I have always considered the incarceration of a human being 
for debt as senseless and cruel, except in cases of positive fraud. It is 
advocated that imprisonment for debt is right, for the purpose of assur- 
ing creditors in their demands, and that it curtails the capacity of an 
individual to secure credit, where this right is denied. In these views I 
do not concur. To be perfectly frank with you, I think that the univer- 



CONSTITUTIONAL CONVENTION. 51 

sal credit extended to or claimed by a community is a gi-eat misfortune to 
that community, and if the homestead and exemption law, and the aboli- 
tion of imprisonment for debt, will reduce the temptation to men to ask 
•credit, and curtail the disposition of those who hold funds or goods to 
extend credit, it will be a blessing to our people. To the farming interest 
especially, the credit system is a curse, and the sooner that and all other 
interests, except perhaps the mercantile interest, dispense with it the 
better will it be for the general prosperity of the State. 

Fourth. It is very important that this body should adopt some ordi- 
nance to provide relief to debtors prior to the war. The temporary orders 
of the military Commandant extend to debts contracted during the war. 
All debts now existing, where the consideration is for the purchase of 
slaves, should be absolutely wiped out by the Convention. If these debts 
are recognized, it is a recognition of that institution, of its propriety, its 
justice and morality. Most of the debts contracted prior t<» th'6 war, were 
upon the faith and possession of property in slaves. That property has 
been destroyed, and a liberal provision should be made by this body with 
reference to debtors — the amount and time when they may make pay- 
ment of the same. Do this, and you will coniraend your Constitution 
"under the most favorable auspices to the consideration of that class in 
South Carolina who have not participated in the election of delegates to 
this Convention. 

Fifth. Education is now the great desideratum of all the colored peo- 
ple of South Carolina. For obvious reasons it was the policy of the 
State, previcnis to emancipation, to exclude the slave population from the 
benefits and advantages of education. I will not di.scuss these reasons. 
But the relations of that population to the State are now materially 
changed. Hence it is of the utmost importance that the largest intelli- 
gence possible shall be communicated to that class. Men of intelligence 
have many more opportunities, through their reading and observation, 
of learning and appreciating the moral law and its requirements. Pro- 
found ignorance, almost universally couples with it crime md vice. 
Hence, the education of the black population — and, I am sorry to say, of 
many of the white population of the State — should command the earnest 
attention of this body. 

In providing for it, I beg to guard you against attempting to levy 
taxes exclusively upon property. There is no taxation which is so uni- 
versal, just and equitable as that upon the person or poll, for educa- 
tional purposes, since all are interested in having an intelligent and 
virtuous population. 

Sixth. With reference to the condition of the State, I have only to 
say to you that the Treasury is empty. The tax bill adopted by the last 
Legislature has failed, by three hundred thousand dollars, to produce 
the amount of taxes contemplated. We have, therefore, been compelled 
to rely upon bills what are known as the " bills receivable," issued by 
authority of the Legislature, to pay all officers and claims against the 
State. The great depreciation of ]n'operty, and the general impoverish- 
ment of the State, has reduced the amount of taxes anticipated by the 
Legislature very materially, and consequently the financial condition of 
the State is greatly embarrassed. But it is very important that you 



,>2 PROCEEDINC^S OF THE 

should, in your deliberations, by ordinance or otherwise, (Jeclare — and 
nothing can more commend your body to the confidence of the people of 
the State, who represented its wealth — that all of the obligations of the- 
State, all the bonds of the State created prior to the war, and all the obliga- 
tions of the State since the war, shall be fully and faithfully redeemed. An 
ordin.iiice announcing the validity of the obligations of the State, passed 
by you, will at once rapidly and largely appreciate the value of the bonds, 
now held at such low figures. The great discount upon the State bonds- 
in the markets, here and elsewhere, grows out of a want of confidence in* 
the will and determination of the new government to redeem them. This 
yuu should set at rest. And while yoii may, with propriety, repudiate 
all obligations contracted by the State for war purposes, the credit of the; 
State for other obligations should not be tarnished either by repudiation 
or a semblance of repudiation. 

In framing your Constitution, I cannot too earnestly com mend to your 
favorable consideration the importance of removing the iisability from 
all the white population of this State. When you look to the j udiciary ^ 
I am very sure you can have no reasonable ground of complaint against 
their fairness or impartiality. Under the Constitutional amendment, 
most or nearly all are excluded from continuing in their position. Have 
you in the State members of the bar who are competent to discharge 
these high and important trusts with the ability or even the satisfaction 
to yourselves of those who would be required to retire from the public 
service, unless you make a modification retaining them in their present 
position ? Is there any reasonable ground of complaint against your 
Appeal Court, the Judges of your Criminal Court or your Chancellors ? 
While, under the Constitution, you may vacate these offices and subject 
all of the parties to the ordeal of an election before the Legislature, will 
it not be eminently wise and prudent for you to place the judiciary in a 
position where, if the Legislature elected under your Constitution think 
it expedient, they may re-elect such of the Judges and Chancellors as in 
their judgment are worthy to be' continued m these positions. 

This brings me to say that in South Carolina, at least, there is no rea- 
son why any man, white or colored, should be excluded from the privi- 
lege of voting or holding office. You are aware that the disfranchise- 
ment in the Reconstruction Acts of Congress excludes the intelligence 
and wealth of the State. In one of the Districts of the State, I know 
that the colored people waited upon certain gentlemen and requested 
tliem to become candidates; for the Convention, but they were constrained 
to decline because they were disfranchised. This is an illustration of 
the condition of affairs which exists in all the Districts of South Caro- 
lina — the most intelligent men being excluded. In starting a new gov- 
ernment all of this intelligence and experience should not be ignored. 
The State cannot afford to give it up. She is entitled to the counsel of 
such men and to their services. 

The doctrine of State rights, as taught in South Carolina, has been 
exploded by the war. The allegiance of the citizen, according to the 
results of that controversy, is due to the Government of the United 
Statoci, and not to the State. I recognize this doctrine to the fullest 
extent, and in my inaugural message as Governor of the State, I an- 



CONSTITUTIONAL CONTENTION. 53 

nounced my judgment that hereafter the supremacy of th(- United States 
Oovernmenl over the State wat^ undisputed and indisputable. 1 am 
aware that many of my contemporaries deny the proposition, but I can 
properly comprehend the legitimate sequences of war, no other result 
presents itself to my mind. 

Gentlemen of the Convention, I have merely outlined sonie of the 
subjects which in my judgment should command your earnest attention. 
As I have indicated, your body is here, not the representatiyes of the 
intelligence of the State. Your action, therefore, must be your passport 
to public favor, and while the great majority of the white population 
have failed to cast their votes in electing delegates, it will be your duty 
to adopt such a Constitution as will commend itself not only to the black, 
but to the white people of South Carolina. 

As the E.x;eoutive of the State during the trying times through which 
we have passed. I have earnestly endeavored to do equal and exact jus- 
tice to all of our citizens. In the performance of my duties, I have 
known no distinction between race or color. When I have been called 
upon to exercise the high prerogative of Executive clemency in favor of 
those who have violated the laws, the records of my office will show that 
I have made reasonable allowance for the frailty and ignorance of the 
colored population, and that the commutations and pardons extended to 
them exceed those extenxied to the white race, whose opportunities for 
obtaining intelligence did not commend them "with the .<ame force to my 
judgment and sympathies. 

As a citizen of South Carolina, born and raised on her soil, and desir- 
ing to lay my bones in this home ot my fathers, I do not wish to see a 
Constitution adopted obnoxious to our people. If the instrument which 
you may frame be just and wise, as I trust it will be. I shall feel it to 
be a 4uty to recommend the adoption to my people. But if, on the 
other hand, it bears upon its face evidences of hostility to the true inter- 
ests of the State, it will be calculated to create antagonisms, the results 
of which will be most deplorable, and I for one will pull up my stakes, 
and with my household remove to some other section of the country. 

I am one of those who believe, as I have already said, that the Con- 
stitution you are to frame is the Constitution which the people of South 
Carolina are to live under for years to come, certainly for three, perhaps 
for twenty years. If I can talk to this Convention, or any member of the 
Convention, with the view of securing moderation, conservatism, ot lib- 
erality in the framing of that Constitution, I feel as a citizen of South 
Carolina tha; it is my duty to come here and give you that counsel. 

Born and raised as I have been in South Carolina, I desire that my 
bones shall repose in her soil. But if your Convention shall adopt a 
Constitution so obnoxious and unjust that, in my opinion, my wife and 
children cannot live under it, I shall pull up my stakes, remove my house- 
hold and go to some other quarter. I do not desire such an alternative. 
I desire that this Convention should do what has not been done in Geor- 
gia, Alabama or elsewhere. In South Carolina the black population 
preponderates one hundred and twenty thousand over the white. It 
would, therefore, be not only generous but magnanimous of the black 
delegates who represent their constituency to tender to the people of 



Si PR0CEEMNO8 OF THE 

South Oarolina such a Constitution ii8 any jusr. fair and honorabis mare 
can accept. 

As I have ah'eady atated to you, gentlemen, I do not choose to discuss^ 
before you the constitutionality of the reconstruction acts of Congress. 
Those laws, whether constitutional or not, have been adopted by Con- 
gre.sa. Immediately upon their adopdon I recommended the people of 
Ij'routh Carolina, to go to work diligently and earnestly to carry them into 
effect. I h4ve 2:iven the same advice to promiscvious gatherings in Charles- 
ton, Anderson, Columbia and elsewhere. Whatever may be my opin- 
ion of the reconstruction course of President Johnson, which I think libe- 
ral and just, the laws we are now acting under are the laws of Congress 
passed not by a majority simply, but by a two-thirds vote in both Houses 
of Congress. I am therefore disposed, disfranchised as I may be under 
these laws, to carry them into operation Therefore when I see this 
Convention, with the black rather than the white element preponderat- 
ing, with more colored delegates than whites occupying seats in the 
Convention, I feel it to be my duty to impress upon the Convention 
the propriety, yea the necessiiy, of framing a liberal Constitution. To 
the colored man there can be no reasonable objection to it. You 
have in the State, when you go to the ballot box, fifteen or twenty 
tliousand votes over the whites, and if you act wisely and frame a Con- 
stitution which will commend itself to the white people of the State, 
then you will have acconiplished a great result. 

I say to you in ali frankness, if jou frame a just, wise and liberat 
Constitution, I for one will advocate its adoption before all the white as. 
well as black people of South Carolina. 

I presume thai opposition will be made to those who favor this Con- 
vention. There will be opposition to you and opposition to me, but I 
have been too loug in political life to be afraid of the small thunder which 
may be directed against me by newspapers. I have reached a period of 
indifference upon that question. If I know my own conscience, and if 
what I say is not true, I trust that that overruling Providence which 
guides and controls us will .smite me for the falsehood — I have this day 
no other or higher motive, I care not whether it be public or private, no 
other political aspiration than to promote the interests of the people of 
South Corolina. I believe I said so some of my colored friends some 
months ago that I was tired of politics and desired to embark in some 
business that would enable me to support those who are dependent on 
me. I now go further and say to you I am disgusted with politics. I 
know of no position, State or Federal, that I would seek if it cost me the 
passage ol a single step. Let me tell you that a man who embarks in 
political life, if he is honest, will be poor as long as he remains in it, and 
the sooner he gets out of it the better it will be for his wife, children and 
self. I intend to do it. I wish to go into retirement, and there is no 
office that your recommendation or votes could confer upon me that I 
would accept. I ask you, then, to have confidence in the statements that 
I have made. « 

1 care not how much odium will attach to me, I care not what opposi- 
tioti may develope itself, what denunciation may be pronounced eithe: 
from the press or from the public, if you make a Constitution liberal, fair 



Constitutional convention. 55 

and just, I pledge you my word I will advocate publicly its ratification 
by the people of South Carolina. But if you are prosc^iriptive and unjust, 
1 t-hall raise my voice against its adoption. I don't know that it will 
prevail — perhaps not. I have reached that point in niy pulitical Jife 
which will enable me to say yea or nay without any regard to whether it 
pleases or displeases tl e pupulace. 

Gentlemen, I thauk you for the attention which you have extended me 
this. evening I am here, as 1 have stated, to make suggestions, to give 
information, and I will be pleased to give any information upon any sub- 
ject connected with the Executive department of the Grovernment which 
they may call for. If I can contribute anything whatever to your delibe- 
rations I will do .so with the extremest pleabure. 

I am not one of those that sneer at this Convention. I think its delibe- 
■rations are of importance to the people of the ^'tate. I think it is of as 
much importance to my race as to the black race. In its deliberations, 
therefore, I hope you will exhibit wisdom and good sense in framing a 
Constitution, under which we can live in peace and quiet. If you attempt 
proscript|ion and injustice, there will be a continual warring between the 
white and black races, which will result in the shedding of blood. God 
forbid that such shall be the case. As far as I have been able to see and 
confer with the members of this body, I beUeve their temper and dispo- 
sition is to frame such a Constitution as that the white and black race 
can live in quiet and content. 

In conclusion, I desire you to adopt a liberal and wise Constitution, 
under which the white and the black man can live together ; a Constitu- 
tion which will protect the great interests of the State, and restore to it a 
degree of prosperity not heretofore enjoyed ; a Constitution that will dis- 
pel that distrust which unfortunately now prevails. You liave a great 
problem to solve, such an one as has rarely been given to man ; you are 
to undertake aL experiment which has not thus far in the experience of 
mankind been successful. That experience shows that, when placed upon 
terms of equality, the races have not harmonized. It is for you to de- 
monstrate to the contrary. 

Being hopeful myself, I believe that, with proper discretion and wis- 
dom, jou may form such a Constitution as will promote harmony, peace, 
and good will, and enlarge the prosperity of our State. And in tlie 
utmost sincerity, gentlemen of the Convention, I invoke the blessings 
of Heaven upon your deliberations, and trust that an overruling Provi- 
dence may give you such wisdom as will secure peace and concord to 
this people. 



K J FT HE OA^^. 
Saturday^ January SlO, 18«8. 

The Convention assemblad at 12 M., and was called to order by the 
PRESIDENT. 



mi PROCEEDINUIS OF THE 

Prayer was uftered by Eev. JAMES M. EUNION. 

The rail was called, and one hundred and one members aasTrering to 
their names, the PRESIDENT announced a quorum present, and the 
Ooaveution ref\dy to proceed To business. 

The minutes of Friday were read uud approved. 

The PRESIDENT announced the following Standing Committee.s : 

'1. Commiftee on a Bifl of Righfs — B. F. Whittemore, Darlington ; A. 
J.^Rahsier, Charleston; Dr. L. B. Johnson, Pickens; R. B. Elliott- 
Edgefield ; W. J. McKinlay. Orangeburg ; R. J. Donaldson, Chesterfield ; 
W. B. Nash, Ri(dilan(^ J T. J. Coghlan, Sumter ; James Henderson, New- 
berry. 

2. Coiiimittec on the Legislative j^art of the '■Constitution — J. M. Rut- 
land, Fairfield; B. 0. Duncan, Newberry; W. J. Whipper, Beaufort: 
E. W. M. Mackey, Orangeburg ; William McKinlay, Charleston; Jame? 
H. Go-;s. iJnion; Samuel Johnson, Anderson; Jesse S. Craig, Colleton: 
Wilson Cook, Greenville. 

3. Coniniittee on. the Executive part of the Constitutian — F. J. Moses, 
Jr., Sumter; J. H. Rainey, Georgetown; R. G. Holmes, Beaufort; C. 
M. Wilder, Richland; S. Corley, Lexington; A. Clinton, Lancaster; J. 
M. Ruuion, Greenville ; W. H. W. Gray, Berkley; M. Mauldin, Pickens. 

4. Co^nmitree on the Judiciary — G. C. Bowen, Charleston; J. J. 
Wright, Beaufort ; I). H. Chamberlain, Berkley ; A. Middleton, Barn- 
well ; Dr N. J. Newell. Anderson; William E. Johnston, Sumter; J, 
P. F. Camps, Spartanburg ; P. R. Rivers, Edgefield ; John A. Hunter^ 
Abbeville. 

5. Cdmniittee on T'ro.nchiseaHd Elections — R. C. DeLarge, Charles- 
ton ; James D. Bell, Beaufort ; C P. Leslie, Barnwell; Isaac Brock- 
enton, Darlington ; Elias Dixon, Clareildon ; John A. Chestnut, Kershaw : 
H. vV. Webb, Geoi'getown ; M. F. Becker, Berkley ; John S. Gentry, 
Spartm'ourg. 

6. Committee on Finance — N. G. Parker, Barnwell; T. J. Robertson, 
Richland; Robert Smalls, Beaufort; C. M. Olseii. Williamsburg; John 
Bonum, Edgefield ; vVilliam Perry, Anderson; P. Alexander, Chester; 
G«orge Jackson, Marlboro'; J. H. White. York. 

7. Committee on Education — F. L. Cardozo, Charleston ; J. K. Jillson, 
Kershaw; L. S. Laugley, Beaufort; Dr. J. C. Neagle, York; H. E. 
Hayne, Marion; F. F. Miller, Georgetown ; H. L. Shrewsbury, Chester- 
field; Alexander Bryce, Pickens; David Harris, Edgefield. 

8. Committee on Fetitions — William E. Rose York ; T. K. Sasportas, 
Orangeburg ; Frank Arnim, Edgefield ; S. B. Thompson, Richland ; Y. 
J. P. Owen, Laurens ; Lee Nance, Newberry ; J. H. Jenks, Berkley ; 
William M. Thompson, Colleton ; H. D. Edwards, Fairfield. 

0. Committee on Rules and Regulations--^. A. Ssvails, Williams- 
burg ; S. G. W. Dill. Eershaw ; G. Pillsbury, Charleston ; George Lee, 
Berkley; Henry Jones. Horry; John Woo^ey, Edgefield; William S. 
Collins, Marion : J. K. Terry, Colleton ; H. J. Lomax, Abbeville. 

1(1. Coniniittee on the Miscella/ eous Provisions of the Constiliition — 
L. Boozer. Lexington; B. F. Randoiph, Orangeburg; Joseph Crews, 
Laurens : R. H. Cain, Charleston ; F. E. Wilder, Beaufort ; ^J. A. Hayne, 



N^ONSTITDTIONAL CONVENTION. ^ij 

Baruwell ; Bailey Milford, Abbeville ; J. M. Allen, Greenville ; Benjamin 
By as, Berkley, 

Hi Committee on tke Review and Consolidation of the Constitution 
<is a Whole — L. Boozer, Lexington ; B. F. Whittemore Darlington ; F. 
Xi. (Jardo^io, Charleston^ F. J. Moses, Jr., Sumter; E. C. iJeLarge, 
Uharleston ; William E. Eose, York ; J. M. Eutland, Fairfield ; C. C. 
Bowen, Oltarleston ; S. A. Swaik, Williamsburg ; N. Gr. Parker, Barn- 
well. 

The PEESIDENT stated that tiie ^ast Committee under the sugges- 
tions of the Committee to whom was referred the subject of the appoint- 
ment of Standing Committees, consists of the Chairman of the respective 
•Committees, the object being, after the other Committees have prepared 
their matter, it may be consolidated into one whole, so as to be presented 
in a proper shape. 

Mr. LEMUEL BOOZEE, of Lexington, arose and said he understood 
from the announcement of the Committees, that he had been appointed 
upon one or more as chairman. I appreciate very highly, he said, the 
distinction conferred by the (^hair in appointing me a Chairman of one 
of the Committees of this Convention. I am here to contribute my hum- 
ble services to the business of the Convention, and am willing to add, in 
«,ny way, so far as I am able. But under the peculiar circumstances, I 
do not believe that I can effectually discharge all the duties of Chairman 
of a Committee, more especially one of so much importance as that to 
which I have been assigned. The District Court of Lexington District 
must be held early in February. There is much business to be done, 
and many prisoners are in jail for trial. My duty imperatively demands 
that I shall attend that Court as District Judge, and it is altogether 
probable that the term may last two weeks. Thai will be the busy time 
when the most important buhiness of this Convention will be progressing 
to maturity, and when the Chairman of each Committee should be at his 
place. This will be out of my power. The Convention will therefore 
readily perceive the reasonableness of the request, which I now make, 
to be excused from serving as Chairman of the Committees. I am willing 
to work in any other capacity, but I earnestly believe the business of the 
Convention will be facilitated and vhe interest of the State promoted by 
granting my request. I hope I may, therefore, be excused for the reason 
assigned, from serving on these Committees. 

Mr. C. C, BOWEN moved that the excuse of the delegate from Lex- 
ington be made the special order for twelve M., to-morrow, which was 
agreed to. 

Mr. F. J. MOSES, Jr., offered the following, which was adopted : 

Resolved, That until the Committee on Eeview and Consolidation re- 



5SI FROCEEDINGnS OF TILE 

port a form of Constitution, this House will meet daily at twelvB M., 
and adjourn at three P. M., so as to give the Committees ample time for 
the investigation of the subjects referred to them. 

Mr. B. F. RANDOLPH asked leave to be excused fro'u serving ore 
the Committee on Miscellaneous Matters. Made the special order for 
twelve M., to-morrow, (Tuesday.) 

Mr. S. A. SWAILS, of the Committee who were appointed to invite- 
Judge Bryan and Major D. T. Corbin to seats on the floor of the House 
reported that they had discharged that duty. The gentlemen named 
returned their sincere thanks for the honor, and desired the Committee 
to state that they would avail themselves of the eai^iest opportunity to 
visit the Convention. 

The report was adopted and the Committee discharged. 

Mr. R C. DeLAPGtE, of the Committee on Printing, made a verbal 

'i 
report, and asked for further time, which was granted. 

Mr. E. W. M. MACKEY, of the Committee to define the duties of 
subordinate ofiicers, made a report, which recommended that the rules 
of the House of Representatives of the United States for the government 
of the subordinate officers, so far as they apply to this body, be adopted,, 
and that the Committee be empowered to call before tbera the subordi 
nate officers of the Convention, and instruct them with regard to their 
various duties. 

The report was adopted. 

Mr. E. J. MOSES, Jr., made a report of the Committee appointed to 
recommend the name of a suitable person to be elected Sergeant-at- 
Anns, and proposed Mr. Miles M. Johnson, of York District. 

A. motion was made that the report be adopted. 

The question being put on the adoption of the repbrt, Mr. BOOZER 
said it was usual, in legislative bodies of this character, for reports to 
stand over one day. The members of the Convention might desire a 
little time before going into an election. I have no choice, but merely 
rise to bring the matter to the notice of the Chair. 

The Chair said, under the rules, the report would He over one day 
unless taken up by unanimous consent. 

Mr. WHITTEMORE moved that the xules be suspended for the pur- 
pose of taking up the report, which was agreed to. 

The PRESIDENT read the report, and informed the Convention that 
if adopted, Mr. M. M. Johnson would be elected Sergeant-at-Arms. 

Mr. B. 0. DUNCAN moved its adoption. 

Mr. WHITTEMORE said, I am perfectly well aware that it is neces- 
sary for us to go into an election for Sergeant-at-Arms. I am also well 



'OONSTIT0T1ONAL CONVENTION. 59 

^TiV/We that; we have been told by the highest functionary of the State 
?}iat the treasury of the State is impoverished, and am cognizant of the 
fact that it is the desire af mennbers of the Convention to impose as 
j^mall a debt as possible on the State Treasury. In the matter of the 
•plection tjf a. Chaplain to open the sessions, economy was brought for- 
ward as the principal reason why members on the floor should be called 
•upon to perform the functions of Chaplain. Inasmuch as economy seems 
to pervade the minds of most members, I hope that those who are not 
•clergymen may be considered as eligible to perform the duties of Ser- 
geant at-Arms, and that the balance of the Convention act as bondsmen 
for the members, as they are severally called upon, thereby saving to the 
State a very large expenditure. 

Mr. F. J. MOSES, Jr., said, we are not debating whether we shall 
-or not elect a Sergeant-at-Arms. The question belore the House is 
whether the report shall be adopted, and Mr. Miles M. Johnson elected 
■Sergeant-at-Arms. 

Mr. W. J. WHIPPER asked whether the adoption of the report 
would be acting under the rules of the House of Representatives, which 
require elections to be viva' voce. It seemed to him they would elect by 
acclamation, if they adopted the report. 

Mr. CRAIG asked whether the Committee were instructed to report 
the name of one or more candidates. 

Mr. MOSES said the mover of the resolution had informed him dis- 
tinctly, it said candidate. 

Mr. B. F. RANDOLPH a^^reed with the member from Darlington. 
(Mr; WHITTEMORE,.) that they should curtail the expenses of the 
Convention, and was willing to dispense with the Sergeant-at Arms. 

Mr. WHITTEMORE moved that the^^ipport be recommitted to the 
Committee, with instructions to report two or more candidates. 

Dr. NEAGLE asked whether that had precedence of the motion to 
adopt. 

'Tfee PRESIDENT decided in the affirmative. 

Mr. C. 0. BOWEN said he noticed a disposition among members to 
retain the floor after being called to order, and moved that the rule in 
relation to that .subject be read for the information of the House, which 
was agreed to, snd the rule read. 

Mr. DUNCAN opposed recommitment, and said the Committee hav- 
ing carefully examined the various candidates, found only one that 
possessed the necesfjai-y qualifications. 

Mr. B. F. RANDOLPH moved a reconsideration of the resolution to 



^ P-ROCEEDINGS OF THE 

appoint a Sergeant- at- Arms. He did it on the ground that they couM 
dispense with a Sergeant-at-Arms as well as a Chaplain. 

Mr. PARKER said no member could perform the duties t>l' a Ser- 
geant- at- Arms. 

Dr. J. C. NEAGLE asked whether that duty could be imposed upon 
any member without his consent. 

The PRESIDENT replied it could not. 

Dr. NEAGLE moved to indefinitely postpone the subject. 

The PRESIDENT said the question was on recommitment. 

On the question being put it was lost. 

Ml-. W. J. WHIPPER asked whether the motion to suspend the rule* 
of the Convention, simply as to laying over a matter for one day,^ alsO' 
affects the election. He was told the consideration of the report wa* 
suspended as well as the election. 

The PRESIDENT stated that the opinion of the Chair eould be over- 
ruled by the House. The report recocamends Mr. M. M. Johnson as a 
suitable person for Sergeant-at-Arms. The resolution is embodied in the 
report, which, under the rules, is laid over, but the rules having been 
suspended for the purpose of taking up the report, it was before the 
House for immediate action. If the House refuse to adopt the report, it 
goes to the wall ; but if adopted, then the House elects Mr. Miles M. 
Johnson Sergeant-at- Arms. 

Mr. L. S. LANGLEY. I have always been in the habit, before voting 
for a candidate, of knowing something of his antecedents. I know 
nothing of the gentleman proposed in the report, and hope I shall be 
enlightened by those who do know him. 

Mr. R C. DeLARGE moved that the report be received and the House 
proceed to an election. 

Mr. E. W. M. MACKET s^v^ a motion had already beeia made to 
adopt the report. 

Mr. L. S. LANGLEY. As none of the friends of Mr. Johnson think 
proper to respond to the invitation made by myself, I move that the re- 
port of the Committee be laid upon the table. 

Mr. LANGLEY, at the request of Mr. NEAGLE, withdrew his 
motion. 

Mr. NEAGLE. I had hoped that the report of the Committee 
would be altogether satisfactory. The Chairman of the Committee had 
stated that Mr. Johnson' was the only candidate found suitable for the 
position, and supposed when the Committee was appointed they would 
examine into both the antecedents and qualifications of candidates, and 
that their recommendation would be sufficient. Mr. Johnson is from 



CONSrnUi JONAL OOWENTION. «£ 

my di^tl•icc (York). All the members uf our delegation, at, well as 
others, have vecommeuded him for the position. 1 had thought every 
meaiber on the Hoor was fully satisfied as to the character, antecedents 
and status ol Mr. Johnson. I would say they are altogether Ssatisi'actory 
to me as a Union Eepubiiciiu and also that he is the best miin as far as 
capacity is concerned- 
Mr. <J. M. WILDER. I object to the election oi one candidate with- 
out opposition I believe iheie is moie than one man iu iSouth Carolina 
capable of filling the position. When I made the motion that a Com- 
mittee be appointed to sulect, 1 was satisfied I said suitable persons. 
■ Mr. H. E. HxA.YNE. 1 beg leave to correct the gentleman. I intro- 
duced the resolution, and that read ;;hat the Committee be instructed to 
n.)Tiiinate a suitable person for Sergeaut-at-Arms. 

Mr. WILDER. I olfered an amendment, which was agreed to by 
the House. I move that the leport of the Committee be laid on the 
table. 

Mr. N. G. PARKER. I hope the Convention will take up and adopt 
the report. Wd need a Sergeant- at- Arms. I have some experience of 
such a necessity since acting as Chairman of the Comniittee to pr^'vide 
suitable accommodation for clie members. I have been appealed to by 
doorkeepers, messengers, members and others, to attenl to their .several 
wants. They want wood, coal, water and other tiling;^, all of which have 
to bepro/ided by the Sergeant- at- Arms. 

Mr. F J. MOSES, Jr. I consider it an extraordinary movement that 
the meinber who introduced the resolution to appoint the Committee should 
move to lay 'he re pore on the table. It is the first time I have ever 
heard of it. I believe the Committee performed their duty as well as it 
could possibly be performed. The Committee met. The first time they 
met, out of several canditates presented they nominated Mr. T. W. 
Johnson. After that gentleman had been made acquainted with the fact 
of his nomination, circumstances occurred which placed the Committee in 
an einbarra.ssing position. They asked for further time, which was 
granted. A second time they met and had several candidates. They 
wei-e very anxious to present a proper person and examined the candi- 
dates, propounding to them questions in regard to their neadiug and 
writing qualifications and mathematical knowledge. Those who know 
the candidate selected vouch for his capability to perform the duties of 
the office. If the report is to be recommitted. I hope that the member 
from Darlington, or some other of the anxious gentlemen will be allowed 
to put up candidates. 

Mr. PILLSBURY. I hope this matter will be brought speedily to a 
9 

/ 



63 PllaCEEDlISGS OF THE 

close. VV H do uot know tu what dangers we are .■subjecting' ourselvtis, 
A proposition has been offered to make the clergymen of the body 
responsible, and for all I know another proposition may be offered to 
make ex-agents of the Bnrean responsible. If there are gentleme.n in 
this Oonvehtinn willing to respond for Mj . Miles M. Johnson, although 
!i stranger to me, for the sake of facilitating business I am willing to try 
him, aad if he proves in "capable we can remove him. A question may 
occur as to whether the man of our choice is scrupulously honef.t, but 
that may not be important, as we have been given to understand there 
are no funds in the State Treasury. As the body is still unorganized, I 
do hope we will proceed to elect the candidate nominated by the Com- 
mittee. 

The question recurring on the adoption of the report, it was carried, 
and the PEESIDENT announced Mr. Miles M. Johnson elected Ser 
geant-at Arms. , 

On motion of Mr. L S. LANGLEY, the Committee appointed to nomi- 
n^pte a candidate for Sergeant at- Arms was discharged. 

Mr. B F. RANDOLPH offered the following resolution, which was 
referred to the Committee on Franchise and Elections : 

Resolved, That iu the opinion of this Convention the question of the 
confiscation of property and the disfranchisement of citizens for disloyalty 
should be left to the Federal Government. 

Mr. J. M. EUTLAND offered the following, which was adopted : 

Besolver/, That it be referred to the Committee on Finance, to inquire 
into the condition of the State Treasury, and that they report to this 
Convention at the earliest practicable period. 

Mr. F. J. MOSES, Jr., offered the following, which was referred to the 
Committee on Legislation : 

Wheee.\s, forced sales of property under legal processes, at the present 
unpropitious period, when cotton is so much depreciated in value, the 
daily necessaries of life so high, and the whole country in such an un- 
settled condition, that the entire planting interest is endangered, as well 
as almost every other solid interest in the State, depriving the planters of 
the power to continue preparations for their crops, and nearly all the 
laborers in the country of their homes, and the means of obtaining pro- 
visions for their daily subsistence ; and, whereas, the general destitution 
that must inevitably ensue can result in benefit only to a small class of 
persons who live by speculating on the ruin of others ; therefore, be it 

Resolved, That we, the representatives of the people of South Caro- 
lina, in Constitutional Convention assembled, do hereby respectfully, but 
earnestly, petition Brevet Major General Ed. E. S. Canby. commanding 



CONSTITUTIONAL CONVENTION. OS 

Secoad Militai*y District, in order to afford this Oonvention the neiiessary 
time ill which to mature proper measures of relief for the people of the 
iState, to suspend for three months any execution or other legal processes 
under any judgment or decree rendered by the Courts oi this State, for a 
<!ebt or debts contracted prior to the 30th June, 1865. 

Reso/ved, That the President of the Convention be requested to for- 
ward at the earliest practicable momenc a certified copy of this preamble 
and resolution to Brevet Major General E. E. S. Canby. 

Mr. J. 0. NEAGLE uioved that the rules be suspended, and that the 
preamble and resolution be adopted. 

Mr. BOOZER. I ooject to thb suspension of the rules. It is one of 
the gravest and most important questions to be presented to the Con- 
vention. A gentleman introduces a resolution to suspend the collection 
of debts, or rather to petition the military authorities to suspend the 
collection of debts for thiee months, and it is urged to press it before the 
Convention at once. I desire such a question to take the regular course, 
not being prepared to discuss its merits. The Convention should not 
proceed hastily in a matter of such grave importance. It was sprung upon 
them and he hoped the rules wotild not be suspended. 

Mr. F. J. MOSES, Jr. I a glad to hear the gentleman acknowledge 
the question a grave one. If the member from Lexington had been 
in his seat last Friday, he would have known that a resolution covering 
the same ground was introduced and laid on the table. Three days had 
elapsed, and it really did seem that members had full time to make up 
their minds. It was a ver}' common rule, when gentlemen wished to 
kill a resolution, to refer it to one of the Standing Committees. I am 
opposed to referring. It was important that such a resolution should be 
passed, and passed to-day. The first Monday of next month will be 
sales day, when a vast amount of property will be sacrificed under the 
hammer of the Sheriff if not checked in time. It is, therefore, time 
that the question should be considered, and without reference to some 
Committee, of which the genileman himself might be Chairman, to be 
there retained until too late to effect the beneficent object in view. If 
necessary, let us "rush" the measure through the Convention, and show 
to the people of the State that we are willing to rush anything throvigh 
which is demanded for their good and welfare. 

Mr. C. C. BOWEN. I oppose the suspension of the rules and the 
resolution as it stands. I understand there is to be some effort made to 
afford relief, which will be concurred in by a large majority of the mem- 
bers. But I wish to state that I am opposed to anything like class legis- 
lation, and this is strictly of that kind. It proposes to enumerate 



6 J PKOUEEl)i.\'(_i8 UF THE 

what clasa of ]»eopIe have a claim t(» protection from this body, i see no 
reason why this should not go to its appropriate Committee. 

Mr. CEAIG said if the matter was referred to a Committee, it would 
delay it, and perhaps come up again to;? late to prevent sales of property 
by the Sheriff in February. It wa& iuiportant something should be done 
to prevent the immense sacrifice of property throughout the State. It 
is a mere request to General Canby to stop proceedings until we can do 
something to grunt permanent relief. I hope the rula^ will be sus- 
pended. 

On the question being taken, the Convention refused to suspend the 
rules, and, on motion of Mr. DUNCAN, it was referred to the Executive 
Committee, with instructions to report to-morrow. 

Mr. DUNCAN moved thai it be left to ti e discretion oi the Chair to 
admit such vi.sitors to the Convention as he might deem proper, which 
was agreed to. 

Mr. J. M. ALLEN offered the following, which wad referred to the 
Legislative Committee : 

I. Resolved, That the personal propeity of every resident of this State, 
to consist of such property only as shall be designated by law, shall be 
exempted to an amount of not less than $1,000 from sale on execution 
ot other final processes oi court issued for the collection of any debt. 

"2. Resolved, That every homestead not exceeding one hundred and 
sixty acres ot land and the dwelling house thereon, with the appurte- 
nances to be selected by the owner, owned and occupied by any resident of 
this State and not exceeding in value $-,500, shall be exempt irom forced 
sale for the collection of any debt or execution of other final process of 
any Court. Such exemption shall not e-xtend to any mortgage thereon 
lawfully obtained, and such mortgage or other conveyance of such land, 
by the owner thereof, if a married man, shall not be valid without the 
signature of the wife of the same. 

8. Resolved, That no resident of this State owning and occupying a 
house on land not his own, and claiming the same as a homestead, shall 
be entitled to such house, to the benefits provided in this Article to the 
same extent as if he were the owner of such land, and such exemption 
shall not in any way impair the right of the owner to the said land. 

4. Resolved, If the owner of a homestead dies or deserts hi'S family- 
leaving a widow, or wife or children, such homestead shall be exempt 
from the payment of debts so long as the widow shall be without other 
homi^stead of her owr, or while the deserted wife shall occupy sucls 
homestead. 

Ti, Resolved, The real and personal estate of every woman acquired 
before marriag* , and the propeity which she may afterwards become f'n- 
titli^d by gift, grant or inheritance, or devised, shall be and remain the' 
estate and property of such woman, and shall not be liable for the debts, 



coiuistittjTIonat, convention, 65 

«Migatlon or engagements of her husband, and may he devised, be- 
■queathed and alienated by her as if she were unmarried. 

Mr. AIjLEN iilK) offered the following.: 

Resolved, That the Judiciary Coiiimittee be instructed to inquire into 
the legality of extending tho benefits of the homestead law to all exemp- 
tions of debts contncted jirior to the passage of those Acts, and that 
they be empowered to call to their aid the best legal talent of this State, 
if by them <; >nsidered necessary. 

Mr. ALLEN. I have been informed b> members of this body, whom 
I consider competent judges, that such a law would be unconstitutioijal. 
The Governor of the State, however whom I also consider competent 
legal authority, has advised the passage of su^h an act. I merely intro- 
duce the resolution for the ptirpose of inquiring into the expediejicy or 
■legality of the measure. It is intended for many of the most prominent 
men of this country, who, unless afforded relief, will be thrown as out- 
*cdst!< upon the land. The question being put upon its adoption, it was 
•disagreed to. 

Mr. L. S. LAN GLE Y, of Beaufort, submitted an ordinance to change 
the name of the election Districts of South Carolina into Counties, and to 
•divide such Counties into Townships ; said Townships to be not less than 
five miles, nor more than ten miles, which was referred to the Committee 
■on Legislation. 

Dr. J. C. NEAGLE offered the following c 

Be it ordained, ^-c, Th^t the President of this Convention do place 
liis signature and official title, dated at Charleston, January '20, IbBK, 
iicross the face oi two hundred thousand dollars oi the bills of this State, 
authorized by Act of the Legislature of this State, passed on the l21st of 
December, 1865, and known as " Bills Receivable." And that ail such 
bills bearing said signature shall be "legal tender" for all debts, public 
or private, within the jurisdiction of this State, except in cases where the 
'Oovernment of the LTnited States is a party. 

Second. Be it oQ-dained, i^-f., That the public Treasurer of thir- State 
in Charleston is hereby authorized to sell, under the direction and con- 
trol of His Excellency James L. Orr, Provi.sional Grovernor of the State, 
a sufficient amount of the aforesaid bills to raise ten thousand dollars in 
United States currency per week, or so much as may be necessary to paj 
the delegates of this Convention. 

Third. Be it ordained, Sfc, That the bah^nce of the aforesaid bills 
remain in the Public Treasury of the State, to be expended in defraying 
the contingent ex^jenses of the State under the appropriations authorized 
hy General Orders, No. — , from the Headquarters, Second Military Dis- 
trict, and unt^ler the control ox His Excellency James L. Orr, Provisional 
Oovernor, or his successor in office. 



6;<e PROCEEDlNaS OF THE 

Fourth. Beit ordained, Sfc.^ That the Finance Oommittfe are hereby 
directed to prepare and report at an early day an ordinance for the levy 
and collection of taxes in accordance with the Reconstruction Acts of 
Congress, under which this Convention is convened, that will amount to 
two hundred thousand dollars^ to he collected between the first day of 
September and first day of December, ISTI, which money shall be ap- 
propriated to the redemption of the aforesaid bills on and after tl>e first 
of January, 1!^72, in such manner aa this Convention may direct. 

I>r. NEAGLE moved to refer the ordinance to the Committee on Fi- 
nance, with instructions to report to- morrow, 

Mr. N. Gr. PARKER, Chairman of the Finance Committee, asked am 
extension of the time fixed an the proposed ordinance, 

Mr. J. L. NEAGLE. Many of the delegates are in want of money tO' 
meet their expense.s here, and it is very important we should provide for 
them at once. We desire to know where the money is to come from. 

On motion, the ordinance wa-s referred to the Finance Committee, to> 
report at 12 o'clock M., Wednesday. 

Mr. N. G. PARKER offered the following, which was considered im- 
mediately, and adopted : 

Resolved, That the Committee on Rules and Regulations be requested 
to report rules and regulations for the government of this body, and that 
one hundred and fifty copies be printed and laid upon the desks of the- 
members at the earliest practicable moment ; also, that the names of the- 
members be alphabetically arranged and published with those rules. 

Mr. B. BYAS offered the fallowing, which was referred to the Commit- 
tee on Rules and Regulations ; 

Whereas, The exercise of wisdom and discretion is necessary in the- 
action of this body ; therefore be it 

Resolved, That no article, section, paragraph or clause, calculated to 
be embodied in the Constitution, shall receive its final adoption until the 
same shall receive at least two readings, and the lapse of twenty- four 
hours between each reading, and all ordinances be subjected to the same 
stipulations. 

Mr. B. O. DUNCAN offered the following, which was referred to the 
Committee on the Judiciary : 

Whereas, the institution of slavery has been abolished by the Gov- 
ernment of the United States, and this action has been ratified by the 
State of South Carolina ; and 

Whereas, still to recognize indebtedness or obligations for slaves, is 
still to recognize rights in slavery ; therefore be it 

Resolved, That all debts or obligations of any kind for slaves, are 



€Ol!fSTITUTIOTS:AL C0NVE]S'TI0:S, 1&'! 

I^*wwitlti declared to b<^ null and void, and shall &r<-ver nl'ter bo so eoii- 
■sldered. Bo it further 

Resolved, That hereafter no State Court or State official shall entertain 
*iny suit, or Tecognize any claim on indebtedness or obligations oontract- 
(ed for slave property. 

Mr. B. DUNCAN also offered the following, which was referred to 
the Committee : 

Whereas, .: long continued and bloody war has left our State in a 
ano.st deplorable condition of poverty and demoralization ; and, 

Whereas, property of all kind has depreciated to much less than half 
its former value, thus changing entirely the basis on which the debts 
livere contracted ; and, 

Whereas, a most vicious management of the rebel finances have left 
nearly all our peop-'.e loaded down with old debts contracted prior to the 
war ; therefore be it 

Resolved, That all debts contracted prior to the oOth of June, 1865, 
«hall be reduced one-half ; provided, however, that nothing in this ordi- 
nance shall be so construed as to interfere with any debt owed outside 
•the State prior to the date above mentioned, and that it shall not relieve 
"the State of any of its obligations except those contracted in aid of the 
rebellion, nor shall it relieve any individual, company or corporation of 
any obligations to the State. 

Mr. J. N. HAYNE, of Barnwell, moved that the Clerk of the House 
furnish each member of the (Convention with a copy of the daily papers 
■of this city. 

Mr PILLSBUE.Y moved to amend by making it one copy of any daily 
paper a member may select. 

Mr. A. J. RANSIER suggessted that the Courier be selected. Another 
■delegate said he preferred the Mercury. 

Mr. B. F. WHITTEMORE moved to amend by adding that one week- 
ly paj)er be furnished to the members. 

Mr. CRAIG asked for information who was going to pay for the papers ; 
whether they proposed the members to pay for them themselves or to 
take the money out of the State Treasury. 

The PRESIDENT stated all orders for money would have to be settled 
■out of the State Treasury. 

Mr. R. C. DeLARGE moved to lay the resolution on the table, which 
was agreed to. 

Mr. F. J. MOSES, Jr., offered the following, which was referred to the 
Committee on the Executive : 

Whereas, by all Conventions in South Gnrolina heretofore, it has been 
a wise and salutary custom to have the assistance and aid of the State 
Solicitors in the legal preparation of ordinances and other papers ; and 



68 PKiJCEEDlIsaS OF THE 

Whereas, it is the i arnest desire of ibis Constitutional Convention to 
perform the iniportont duties entrusted to it in t>uuh a manner as will 
commend itself to tho praise and approval of all law-al>iding citizoaf*; 
be it 

Resolved^ That the necessary steps be taken by the Convention to (se- 
cure the legal services of. Major D. C Melton of York District, and that 
should he be willing to lend his aid in the hastening forward of the work 
of reconstruction, a room in this building shall be assigned to his use, 
and the per diem and mileage of delegates be allowed him. 

Mr. BOWEN objected to the resolution. 

Mr. CRAKx objected to the reference, and wished to act upon the 
resolution at ouce. Something of the kind, he said, was absolutely 
necessary to faciL.tate business. 

Mr. DUNCAN moved that the Executive Committee be instructed tO' 
report to-morrow, which was agreed to. 

Mr. B. F. RANDOLPH presented the following petition, which was. 
referred to the Committee on Miscellaneous Provisions of the Constitu- 
tion : 

We, the undersigned people of South Carolina, in Convention assem- 
bled, do hereby recommend that the Bureau of Refugees, Freedmen and 
Abandoned Lands be continued until the restoration of civil authority ; 
that then a Bureau of Education bo established, in order that an efficient 
system of schools be established. Your humble servants and petitioners 
would respectfully represent that the reasons for making this recommen- 
dation are : 

1. The necessity which first governed the existence of a Bureau re- 
mains the same, and demands its continuance until the restoration of 
civil government. 

2. The want of an efficient system of public schools for the education 
of thousands who have been deprived of such school privileges. 

3. The greatly impoverished condition of the State, and the financial 
difficulties of the people, render the establishment by the State govern- 
ment of such a system of public schools impossible for several years. 

Mr. J. M. ALLEN offered the following, which was referred to the 
Committee on Legislation : 

Be it ordained, c^c, That the legislature shall, as soon as possible 
after the first assembling thereof, under the authority of this Conven- 
tion, enact such laws as shall secure from levy and sale on any judgment 
or any final process of any court of this State, all the real or personal 
property of any debtor, contracted prior to the year 1865, and until such 
action shall have been taken by the Legislature, the levy on and sale of 
such property is suspended : Provided, it shall not extend beyond the 
year 1873, and any stay law passed by the Legislature shall not extend 
beyond the same time. 



OONiSTlTUTlOXAL CONVENTION. ©ft 

Mr. N. (jr. FAUKER offered the lubowiug, which was relerred lo the 
FiXeeutive Comniittee : 

iVhereas, Goveruineiits are instituted to protect and insure the people 
in the enjoyment of their inalienable rights, ".such as life and liberty, 
and the pursuit of happiness ;" 

Wherrtis, happiness depends in a great measure upon the po-ssession 
and ser-urity of property, to secui-e and protect which a revenue must be 
rai(-ed, and to the end that it shall f)e justly and equitably raised from 
all the property and people of the tState, therefore 

ilexo/vfd, That all taxes on prupert}' in this State shall be a.>^ses«ed in 
exact proportion t() the value ot such property, both real and per- 
sonal, and that the General Assembly may levy a poll tux, not to exceed" 
SI im each poll, whicih shall be applied exclusively in aid of the public 
school fund, and that no other tax .shall be imposed upon the people of 
this State. 

Dr. NEAGLE introduced the following : 

Be it ordained, Sfc. That every delegate of this Convention shall re- 
ceive as compensation for his services during his attendance on, and 
going to and from this Convention, eight dollars per diem, and twenty-five 
cents per mile by the most dii'oct route from his home to the city of 
Charleston, each way; Provided, that any delegate, living in this city, 
and representing other districts, shall not receive mileage, only as the 
delegates of this city. 

Keferred to the Committee on Finance. 

Dr. L. B. J<JHN8l)N presented and read a petition praying the divis- 
ion of Pickens Distiict into two parts, which wae referred to a Special 
Committee of five, consisting of Messrs. L. B. Johnson, of Pickens ; J. 
M. Allen, of Greenville; Dr. N. J. Newell, of Anderson; C. M. Wilder, 
of Richland ; Jos. H. Rainey, of Georgetown. 

Mr. H. D. EDWARDS offered the following : 

Whereas, Ministers of the Gospel should, by their profession, dedicate 
their services to God and the care of souls, and ought not to be deterred 
from their great object ; be it 

Resolved, That no Minister of the Gospel, or public preacher of any 
persuasion whatever, whilst he continues in the exercise of his functions, 
shall be eligible to the office of Governor, Lieutenant-Governor, or a peat 
in the Senate or House of Representatives, or work upon any public 
road or streets, or do patrol duty 

Referred to the Legislative Committee. 

Mr. T. HURLEY, of Berkley, introduced the following, which was- 
referred to the Committee on the Judiciary: 

Reio/ved, That there shall be incorporated in the Constitution of the 
State the following sections, tt) wit : 
10 



W PROCEED I X( is (IF THE 

1. No person shall be elected or appointed to any office in this State 
unless he possesses the qualifications of an elector. 

2. No person who shall hereafter fight a duel, assist in the same as a 
second, accept, or knowing^lj carry a challenge therefor, shall hold any 
office in this State. 

3. Lotteries, and the sale of any lottery tioliets, for any purf>ose what- 
soever, shall be forever prohibited in this State. 

4. There shall be no imprisonment for debt, except in case of fraud or 
absconding debtors. 

Mr. S. B. THOMPSON, of Richland, introduced the foUowing : 

WHERE.4.S, it is currently reported and believed that the inmates in the 
State Penitentiary are maltreated, in direct violation of the rules of said 
institution, and that many are incarcerated within said walls that should 
be now at large; be it 

Resolved, That a Committee, consisting of five member.^, be appointed 
to proceed to Columbia, with power to send for persons and papers to 
facilitate a thorough investigation of the above report, and lay the facte 
before this body. 

Mr. B. DUNCAN, of Newberry, said he thought this was a ques- 
tion too important to be passed over hastily. It should be remembered 
that there is not a case in that Penitentiary which has not passed under 
the eye of the military probably as well as civil authorities ; and it is to 
be presumed that the convicts there incarcerated, being found guilty by 
a jury of their countrymen, have been properly sentenced. 

Mr. J. M. ALLEN. I know there are several men in the Peniten 
tiary who would not be there but for the passions and prejudices of our 
opponents, and the enemies of this Convention — men who are the advo- 
cates of x^riel, have advocated the incarceration of some of these prison- 
ers ; and I call on this Convention to have the matter investigated. 1 
care not whether their cases were examined by the military or executive 
department. I hope their cases will be inquired into by the Convention. 
They have been put there by men who would crush, the poor men of this 
State. There are men there accused of murder, and all other heinous 
crimes, of which they are perfectly inno'^ent, and have documents upon 
documents to prove it, but which will not be examined by those opposed 
to them. I second the motion for the appointment of a Committee of 
five. 

Mr. B. BYAS moved that the resolution be referred to the Committee 
on Miscellaneous Provisions of the Constitution, to report to-morrow, 
which was agreed to. 

Mr. W. B. NASH offered the following, which was referred to the 
Committee on Education : 



noNSTITUTIONAL CONVENTION. •?! 

f 

Resolved, That all schools, academies, nolleges and universities in this 
8tate, which are or may be endowed or supported in part or in whole 
from, the revenue arising^ from taxes or donations to the State, cities or 
towns, shall be open for the reception of scholars, student^< nad teachera 
of every grade, without any distinction or preference whatever, to all 
<'itizens of the State ; also, it shall be the duty of the Legislature, at its 
first session, to divide the State into school districts, and establish free 
schools in every District, to be open to all citizens of the State. 

Mr. F. J. MOSES, Jr., offered the following: 

Resolved, That it be referred to the Judiciary Committee to inquire 
and report as to whether or not the reconstructioc acts of the United 
States Congress confer upon this Convention authority to legislate on 
matters not involved in the formation of a State Constitution. 

Mr. S. CORLEY offered the following, which was referred to the Com- 
mittee on Miscellaneous Matters : 

Whereas, a large naajority of the people heretofore constituting the. 
Government of the State of South Carolina have, by unjustifiable rebel- 
lion, forfeited their political rights as citizens of the State and of the 
United States, and are still hostile to every act of Congress for the resto- 
ration of the State to the Union — claiming, as they do, every political 
right they formerly enjoyed a.N v3itizens under the Constitution, which 
properly defines their late acts as treason, and authorized even the pen- 
alty of death for crimes thus committed, instead of equal rights with 
those who love the Government whi('h they so madly attempted to 
destroy ; and, 

Whereas, the officers of the present Provisional Government of the 
State, from the highest to the lowest, have generally exercised their 
influence, and used the emolument.'? of their various offices in a manner 
highly prejudicial to the claims of loyal citizens, and in opposition to the 
laws of Congress looking to a speedy restoration — the only competent 
authority that we recognize — and are now marshaling their forces to 
defeat any Constitution, however faultless it m.^y be, that this Conven- 
tion may frame as the fundamental law of the State; therefore, be it 

Resolved, That we, the representatives of the loyal people of South 
< Carolina, having accepted in good faith the terms offered by Congress 
for the restoration of the State to her proper relations in the Union, de- 
mand for ourselves and our constituents under the law and its Constitu- 
tion, present and prospective, every right which these embittered and 
incorrigible enemies to the Government claim as exclusively their own. 

Resolved, That the continued efforts of the present disloyal officers of 
the Provisional Government of the State to continue themselves in power 
;is such, while looking to a speedy reinstatement to place in the Federal 
position, so lately and contemptuously deserted by many of them, and 
their systematic efforts to escape the just penalty of violated faith, while 
their active hostility to the essential principles of Eepublicanism remain, 
is substantial and positive proof that the safet} of the Government and 
the welfare of the people demand their speedj removal. 



13 PR0CEE1*ISGS OF THE 

. jir. GEORGE liEE, of Berkley, offered the following, which Mas 
referred to the LegisUitive Committee : 

Resolved, That all persuns shall enjoy equal rights and privileges 
while traveling in this State, and all placf- * of amusement, entertainmenty 
reireshment, or of any public nature whfi^ever, shall be open to all per- 
sons alike. 

Resolved, That no Company, Municipality, Parish or Corporation, shall 
juake any rules or regulations creating any distinction between persons 
on account of race, color, or previous condition. 

Mr. T. HLTELEY offered the following, which was referred to the Com- 
mittee on Franchise and Elections : 

Resolved, That in all elections to be made by the people, or of any 
part thereof, for civil or political officers, every person ishail be entitled 
to vote who has the following qualifications, to wit : Every person who 
has attained the age of twenty one years, and is not a pauper, nor a non- 
commissioned officer or private soldier of the army, nor a seaman or 
marine of the United States navy, provided he shall, for a period of one 
year next preceding the day of election, have been a citizen of this 
State, or for the same period an emigrant from Europe who has 
declared his intentions to become a citizen of the United States accord- 
ing to the Constitution and laws of the United States. 

Mr. N. G. PARKER offered the following, which was referred to the 
Committee on Franchise and Electitms : 

Resolved, That this Convention recommend to all persons in South 
Carolina, who are at present disqualified from registration under the Act* 
of Congress, who are willing to swear allegiance to the Constitution of 
the United States, and to the Constitution which this Convention shall 
adopt, to forward their names to this Convention, with recommendations 
from the Governor of the State, the Commanding officers of the several 
Military Districts, the United States Judges, Internal Revenue Collectors, 
District Attorney, or other United States officers, or Union men of note 
throughout the State, and this Convention will petition the Congress of 
the United States to remove their disablities. 

On motion, the Convention adjourned- 



l;ONSTITtJTI0NAL C0NVENTI0I3", '^ 



sixth: o ay. 

Tuesday, January r^S, 15^6!§, 

The Convention assembled at I'i M., and wa.«^ called to order by the 
PEESIDENT. 

Praytr was offered by Eev. A. WEBSTER. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of Monday was read and approved. 

The PRESIDENT called for reports of Standing Committees. 

Mr. F. .1. MOSES, Jr., from the Committee on the Executive part of 
the Constitution, to whom was referred a preamble and resolutions con> 
•cerning a petition to <^Teneral Canby, to suspend fur three months all 
sales of property under execution for debts contracted prior to the 30th 
of June, lSfi5, reported that they had considered the same, and unani- 
Tnouslj' recommend that they do pass. 

Mr. B. 0. DUNCAN moved the adoption of the report. 

Mr. J. M. RUTLAND moved that the report be made the Special 
Order for one o'clock to-morrow, which was agreed to. 

Mr. F. J. MOSES, Jr., from the same Committee, to whom was re- 
ferred the preamble and resolutions in relation to the employment by the 
Convention of the legal services of Major C. D. Melton. State Solicitor, 
in the preparation of Ordinances and other papers, reported that they 
had the same under consideration and unanimously recommend that it 
■do pass ; they also rerommend that Major D. T. Corbin, United States 
District Attorney, be included in the resolution, and that he be requested 
to act as a Solicitor for this body, and that he be allowed the pay and 
mileage contemplated by the resolutions. 

Mr. J. J. WRIGHT. I would like to ask whether the first gentle- 
man mentioned in the resolution is not disfranchised ^ 

Mr. MOSES. I will answer the question in the affirmative; together 
with the information that I introduced the resolution. The resolution 
called for the employment of Major Melton's services as State Solicitor, 
an officer of the State government. His disfranchisement therefore 
would have nothing to do with it> 

Mr. WRIGHT. That does not answer my question, which is, whether 
the gentleman is disfranchised under the constitutional amend oaent. I 
Jam informed that he is. If so, I am opposed to asking him to do this 
work for us. But I am not opposed to having a Solicitor If Wf- elect 
the gentleman proposed^ we elect one that cannot, as the law stands now, 



»4i PROCEEDINGS OF THE 

or as we regard it, be elected to any office in this State. Under tfiat law 
no person ean be elected to any office unless tbey are enfranchised, andS 
provisions are made for enfranchisement. I presume there is no one id- 
this Convention but what is willing from his heart to reGommend the 
enfranchisement of any person desiring it. 

Mr. J. M. EUTLAND. I think the gentleman from Beaufort has en- 
tirely misapprehended the- question. It is not whether a t^tate officer 
shall be elected to- fill the position named, but whether he shall be called 
— be commanded as a State officer already, to aid in the performance 
of certain duties. Major Melton is not a candidate for any office in the 
gift of the Oonvention. He is already a Solicitor, and if this invitation 
be extended to him, I may say. from my personal acquaintance, there is 
no man in South Carolina of a higher order of talent, or more competent 
to aid in preparing business in proper shape for the consideration of the 
Convention. 

The question being taken on the adaption of the report, it was decided 
in the affirmative 

The resolution is as follows : 

Whekeas, in all Conventions in South Carolina heretofore held, it has 
been a wise and salutary custom to have the assistance and aid of the 
State Solicitors in the legal preparation of ordinances and other papers ; 
and whereas, it is the earnest desire of this Constitutional Convention to 
perform the important duties entrusted to it in such a manner as will 
commend it to the praise and approval of all law-abiding citizens ; there- 
fore be it 

Resolved, That the necessary steps shall be taken by this Convention 
to secure the legal services of Major C. D. Melton, of York District, and 
Major D. T. Corbin, United States District Attorney, of Charleston, 
should they be willing to lend us their aid in hastening forward the work 
of reconstruction, a room in this building be assigned to their use, and 
the per diem and mileage of delegates be allowed to each of theni. 

Mr. LEMUEL BOOZEE, of Lexington, from the Committee <jn the 
Miscellaneous Provisions of the Constitution, to whom was referred a 
resolution that a Committee of five shall be appointed to proceed to Co- 
lumbia and investigate certain reports concerning the penitentiary, re- 
ported that they had considered the same, and that, in the opinion of the 
Committee, its subject matter was one which belonged PTinUisivelj'' \<r> the 
Committee on the Judiciary, since the resolution was a proposition to 
appoint a commission to review the action of the Judiciary of the State. 

Mr. C. C. BOWEN. The house having thought proper to refer those 
documents to that Committee, I do not think the Committee can come 
back and say to the house it is not a proper subject for their Committee. 



\:ONSTITUTL()NAL COKVEXTIOX. 15 

?it might at least have l>een discussed. I therefore move iliat the 
report be recommitted to the • same Committee. 

Mr. BOQZER. Nothing is more comm^an, as every gentleman at ali 
acquainted with legislative proceedings knows, than for Committees to 
"be discharged from the consideration of subjects referred to them, when 
the subject properly belongs to some other Committee. The matter was 
not brought to the attention of the Convention yesterday when it was 
referred, but the Committee, on undertaking to investigate it, found that 
at did not properly belong to them, and they unanimously directed me to 
make the report presented to the house. The subject matter of the reso^ 
lution is entirely of a judicial character, and has nothing to do with 
Miscellaneous Provisions of the Constitution. 

Mr. El. H. CAIN moved that it be referred to the Judiciary Commit- 
tee, which was agreed to. 

Mr. E. C. DeLAEGE made a verbal report of the Committee on Print- 
ing, and at-ked for further time, which was granted. 

The PEESIDENT announced that the hour had arrived for the con- 
sideration of the Special Order, which wat the excuses tendered by the 
delegates from Lexington and Orangeburg. 

On motion of Mr. E. C. DeLAEGE, the Special Order was discharged. 

Mr. BOOZEE asked how this action affected the applications to be 
excused from serving on Committees. 

The PEESIDENT said the gentlemen would not be excused from 
serving. 

Mr. B. F. EANDOLPH moved a reconsideration. 

Mr. E. C. DeLAEGE. The gentleman cannot move a reconsideration 
as he did not vote in the affirmative. I move a reconsideration. 

The question was put, and the house refused to reconsider. 

Mr. W. E. EOSE, offered the following, which was agreed to : 

Resolved, That the President be authorized to appoint a Eeading 
Clerk for this Convention. 

Mr. E. C. DeLAEGE moved a reconsideration, and that the motion 
to reconsider be laid on the table, which was agreed to. 

Mr. T. HUELEY offered the following, which was referred to the 
Committee on Franchise and Elections : 

Resolved, That all elections hereafter held in this Statf .shall be free 
and voluntary ; that any elector allowing himself to be bribed or cor- 
rupted by meat, drink, money or otherwise, shall be punished therefor ; 
and if any person who shall directly or indirectly give promise of, or 
bestow any such rewards be elected, he shall thereby be rendered inca- 



to pk(x;e]':di>jgs of the 

pable to hold :iny office of trust for a period of ten years, .ind be pun- 
ished by fine and imprisonment, as tht- law j«hall hereafter direct. 

Mr. H. E. HAYNE moved to lay the resolution on the table, which 
was not aureed to 

Mr T. HURLEy also offered the following wliith was referred to the- 
Ooraniittee on Miscellaneous Matters : 

Resolved, That all able-bodied male citizens in the State betweert 
eighteen and forty-five years 'of age, except such persons as are exempt 
by law, shall lie enrolled, armed, equipped and trained as the Legisla- 
ture may provide. \11 officers shall be commissioned by the Governor, 
and hold their commissions during good behaviour. The Legislature 
shall organize the divisions in brigades and regiments. The Governor 
shall appoint all officers above the rank of major, and majors and other 
subordinate officors shall be elected by the sHveral commands. 

Mr. S. A. SWAILS offered the following : 

Resolved, That the President be empowered to appoint a janitor for 
this building, and that the said janitor be authorized to appoint an as- 
sistant. 

Mr. E. 0. DeLAEGE. I trust the motion will be voted down. We 
have enough persons serving the Convention in various capacities wha 
can take care of the books and papers. The owner of the building has 
already taken the precaution to place the building in charge of a keeper 
who lives on the premises. I hope we will consider the condition of the 
State Treasury. 

The resolution was not agreed to. 

Mr. J. M. EUNION offered the following : 

We the people of the State of South Carolina, by our delegates in Con- 
vention as%embled., lo ordain. That the inferior Courts of each District, 
known as District Courts, be, and the same are hereby, abolished, and 
all judgments and decrees of such Courts rendered after the passage of 
this Ordinance shall be null and void. 

Mr. J. C. NEAGLE, of York, moved that the Convention go into Com- 
mittee of the Whole on this subject. 

The PEESIDENT explained that all resolutions whose object is of a 
permanent character are required by rule to be referred to a Committee 
before they can be considered, unless the Convention suspend the rules 
for the purpose of immediate consideration. 

Mr. B. F. WBITTEMOEE, of Darlington, moved to suspend the 
rules. 

The motion was agreed to. 



CONSTITUTIONAL CONVENTION. 57 

Mr. E. C. DeLAEGE called for the ayes and uoes. 

Mr. L. S. LANGLEY desired to know if a member kad a right to call 
the ayes and noes after a vote is announced. 

The PEESIDENT. If the matter has not been recorded previous to 
the call for the ayes and noes, the call is in order. 

The question being on resolving the Convention into Committee of the 
Whole was then taken, and likewise decided in the affirmative. 

Mr. J. M. EUTLAND took the Chair. 

Mr. E. C. DeLAEGE. I desire to say but a few words on this sub- 
ject. I trust the Ordinance as presented will not be adopted. I feel, 
and I suppose every gentleman on the floor feels, that it is one of the 
most important measures this Convention could enact. We propose to 
strike out one of the higher branches of the government of this State, 
the Judiciary. I hope that delegates who regard the State District 
Courts as superfluous will yet give the subject that grave consideration 
which its importance demands. I agree with the spirit of the ordinance. 
I believe these Courts unnecessary for the administration of justice. 
From their action I have always felt that many of them trifled with the 
rights and liberties of the parties brought up for trial. But opposed as 
I am to them, I am still more strongly opposed to hurrying through a 
matter of such grave importance. As I understand the resolution, it is 
to do away immediately with these Courts. I would like to know whether 
in abolishing these Courts now, we would not in some way retard jus- 
tice. I hope it will be referred to the appropriate Committee, who can 
give the subject a careful consideration, and members, when it comes up 
again, may vote understandingly. I trust we will not allow our personal 
feelings to cause us to rush through this grave matter, requiring the ut- 
most doHberation. 

Mr. L. S. LANGLEY. I am opposed to the resolution, not only be- 
cause I believe the Convention has no power to legislate, but because a 
resolutio.n has already been introduced and referred to the Judiciary 
Committee, inquiring as to what power of legislation the Convention 
possesses. I am also opposed to pushing such important matters through 
hastily, asd opposed to any legislation not necessary to the formation of 
a Constitution by this Convention. I hope it will be voted down. I do 
not believe the Convention has any right to legislate on any matter out- 
side of the Constitution. 

Mr. JOS. H. EAINEY. I cannot for one moment see how the abro- 
gation of the District Courts will meet the aim intended by the mover. 
So long as the present code of laws of the State exist, there can be no 
remedy in that direction. It matters not in what Courts the different 
11 



IW . PROCEEDINGS OF THE 

cases will be tried, tliore will be a certain amount of injustice meted out, 
but which should not be. I am therefore opposed to the resolution and 
hope it will not pass. 

Mr. T. HUELEY. I desire to have read for the information of the 
Convention the reconstruction acts of Congress. We will then know 
how far to go. [Mr. HURLEY here read the General Order of Gen- 
eral Canby, convening the body.] I do not believe we have the power 
or authority to abolish any branch of the civil governoaent of the State. 
We are simply here to frame a Constitution, which is to be submitted to 
the people for their acceptance or rejection. As regards the District 
Courts, they are perhaps as good as any other Courts in the State, but 
we should not abrogate them until we are prepared to substitute some- 
thing better in their place. I therefore move that this subject be- 
indefinitely postponed. 

Mr. J. M. BUNION. I will state for the information of the Conven- 
tion, that I supposed we had just as much right to abolish these Courts 
as the Convention of 1SI3-5 had the right to pass them. Furthermore, I 
have consulted the constituents of my District, white and colored, and 
they are almost unanimous in favor of the resolution. They complain 
that much injustice has been practiced in those Courts. 

Mr. F. L. CAEDOZO. I will state for the information of the Con- 
vention, that when the Committee called upon Governor Ori' to invite 
him to a seat here, the Governor referred to this siibject, and said that 
the Convention of 1865, which mot to frame a Constitution, in his opin_ 
ion, transgressed its limits in regard to the Judiciary, when they said 
the Legislature should establish such Superior and Inferior Courts as 
they in their judgment should determine, and also these District Courts. 
The Governor thought it would have been much better if the Convention 
had only said such superior and inferior Courts as the Legislature might 
determine. I think if that Convention had ordered the establishment 
of any Courts, surely this Convention has just as much right to abolish. 
In conversation with the Governor, the latter said he thought the Dis- 
trict Courts highly inappropriate, and altogether objectionable ; that they 
did not accomplish their purpose. At the same time, in abolishing 
the District Court, that did not perhaps reach the trouble. It is not the 
form of the Court, but rather the spirit of the Judges. If these are 
disposed to do injustice, the form of the Court will not prevent them 
from doing so. 

Mr. WM. J. McKINLAY". I doubt whether we have authority to act 
in this matter, we are here for a specific purpose, the framing of a Consti- 
tution and form of civil Government, and until the Constitution is rati- 



CONSTITUTIONAL CONVENTION. -59 

fied by the people and accepted, no ordinance can be passed that will 
have any effect. That is th*e view I take of the subject, and for the lite 
of me I cannot see what the abolishment of the District Courts, whether 
they were to be condemned or approved, has to do with this clear lino of 
duty. No ordinance the Convention can adopt will have any effect until 
the Constitution is ratified by the people, and, therefore, this resolution 
can be of no possible use. The subject belongs exclusively to the Le- 
gislature. 

Mr. B. F. EANDOLPH. I concur with the gentleman who last 
addressed the Convention, in the opinion that we are here for a specific 
purpose, but we are also at the same time to do all in our power to 
relieve the State of any financial embarrassAient which may seem fit- 
The District Courts are a great expense to the State and needless for the 
ends of justice. I am in favor of the resolution, but the question is 
whether we have a right to. pass this ordinance. If it was so deter, 
mined, I would suggest the propriety of asking General Canby to issue 
an order abolishing these Courts. As to whether the people of the 
State have obtained justice through the^e Courts, I would leave that to 
be determined by others better acquainted with their government. 

Mr. NEAGLE. It is urged against this measure that we are working 
hastily, but that I look upon as no argument. I am of the opinion that 
the delegates to the Convention came here with their minds made up on 
that question. We have been considering the matter of District Courts 
ever since the Act was passed for the establishment of. those Courts, and 
I believe our constituents have almost universally condemned them. I 
am credibly informed that they cost the State not less than $50,000, and 
some estimate it at over $80,000 or $100,000. We are oppressed by 
heavy taxation, and I am in favor of relieving the State Treasury as 
soon as possible of these useless Courts. We have been told that this 
Convention has no right to legislate ; I want to know what is meant by 
the formation of a civil government of the State. We are here for a 
specific purpose, that is by others is urged to be the simple forming of 
a Constitution ; my understanding is that we are here for a specific pur- 
pose, and that is to form a Constitution for the State of South Carolina, 
which shall be its organic law, and then to form a civil government also 
for the State of South Carolina. What good is there to form a Consti- 
tution and laws, and have no officers or government to carry those laws 
into execution ? I take it for granted that the government of a State 
means its organic laws, its Constitution, its laws throughout for the 
regulation of the State and the citizens therein. We must have officers 
to execute those laws, and I consider we have a perfect right, a perfect 



so PROCEEDINGS OF THE 

jurisdictiou over every official positioa in tliis State. We cannot place 
any other construction upon the Reconstruction Acts of Congress. One 
gentleman on my right urges that no act passed hy the Convention can 
have any effect until it is ratified by the people, I am prepared to admit 
that. I do not consider any act of this Converition can be enforced by 
the authority of the [State until the Constitution is ratified by the people 
If that is ratified, then our laws are to be enforced. Who is to enforce 
those laws unless we have officers favorable to them '? We are here to 
frame a Constitution, to. establish a government, end unless we can make 
the machinery to put it in operation, we may as well go home. We 
must have the men and the machinery. I think we have a perfect 
jurisdiction over every Court, and every officer in the Wtate. 

Mr. A. Gr. MACKEY. I did not intend to obtrude on this Convention, 
but this is an occasion when I esteem it my duty to speak. I think this 
one of the most important actions that can come before the Convention 
not so much in relation to the principle involved in the ordinance itself, 
which is simply the aboUtion of a court, of whose character and whose 
utility a very large number of people of all shades of political character 
are agreed, but because I think I see in this Convention a desire, in the 
introduction of an ordinance like that, not only to legislate upon matters 
not within its province, but also to hurry that legislation through in un- 
seemly haste. In relation to the character of the District Courts, of the 
necessity of the abolition of those bodies, of their good or ill effects, I 
need not say anything. This, in my opinion, is neither the time nor the 
plaue to discuss these pi'inciples. The question is, what right has the 
Convention to pass any such ordinance ? Is this Convention possessed of 
legislative powers outside of the specific purposes for which it was palled 
together ? That is the great question we have first to enquire into. Then, 
should we agree that we have such power, in the next place, is it the 
best way to exercise that power by thrusting through at once, without 
due consideration, one of the most important measures which can be 
submitted for its consideration and demand its action ? 

I contend that the Constitutional Convention of South Carolina was 
called under the Reconstruction Acts of Congress, and the order of the 
General Commanding convening this body for one specific purpose and 
no other. When called for a specific purpose, it is illegal and wrong to 
go beyond that purpose, or to enter into any other, which we are not 
authorized to review and consider. 

I know if I were to say that a Constitutional Convention is possessed 
of legislative powers I should be, for the first time, in accord with what I 
believe to be the heretical side of the State. I know it has been gener- 



CONSTITUTIONAL CONVENT TON. SI 

ally held that Conventions of the people were sovereign and unlimited 
in their power, so much so that it was not deemed necessary to refer their 
actions to the people for ratification, because it was said they were the 
people themselves. That is a doctrine I have not held, and a doctrine not 
sanctioned by any jurist of reputation in this country. It is generally 
conceded that Constitutional Conventions are called to make Constitutions, 
not laws. This in my opinion is the intention of this body. It is a Conven- 
tion to make a Constitution. We have not even the power of declaring 
what shall be the Constitution of 8outh Carolina. Our powers are limi- 
ted here as they ought to be in every other State, namely, to the simple 
proposition of what we believe would be a proper form of Constitution ; 
and until the people shall ratify our action, it will be of no effect what- 
ever. But even if we had the power of legislation we should not under- 
take to rush an ordinance through without the usual parliamentary form 
of a first, second and third reading, and giving to the body ample time to 
deliberate and form a correct judgment. Can we undertake to adopt an 
ordinance abolishing Courts which have been for two years in existence 
and in which the rights and property of citizens are in litigation ? Have 
we a right, without referring our action to the people, to declare these 
Courts abolished, and in the language of the ordinance "that all proces- 
ses and decrees, after the date of this ordinance, shall be null and void ?" 
Called simply to frame a Constitution for the acceptance or non-accept- 
ance of the people, have wo the right to begin by declaring that we will 
change the whole Judiciary or to set it aside ? 

The gentleman who preceded me said he knew the ordinance could 
have no effect until submitted to and ratified by the people. With such 
a view of the case, it is wholly unnecessary for us to pass any such ordi- 
nance. We have appointed a Committee on the Judiciary, to whom is 
to be submitted all these questions for examination and discussion. 
That Committee, after laboriously and faithfully investigating all the 
points, with all the lights and assistance of such legal counsel as they 
may call to their aid in making iip their judgment, are to determine as 
to what Courts are necessary. Did we appoint a Committee on the Judi- 
ciary that it might be a mere shadow without the substance ; that after 
having appointed this Committee over that part of the Constitution 
which relates to the Courts, we are to take away its work, commence our- 
selves as a Committee on the Judiciary, and without examination, with- 
out consideration, without legal advice or counsel pass an ordinance 
which we all admit is a mere brutum fulmen — a harmless thimderbolt — 
which can have no effect until acted upon by the people ? How much 
more rational, more prudent, more like a deliberative assembly, to say we 



is'il PKOOEEDINGS OF THE' 

will touch none of these things. Let ns confine ourselves wholly and 
solely to the framing of a Constitution to be presented to the people for 
their acceptance or rejection. Heaven knows that task is sacred enough 
to engage any set of men. We will give to each portion of the Consti- 
tution that due deliberation to wliich it is entitled. We will divide the' 
questions which arise among the appropriate Committees, and let these 
at their leisure, uninfluenced by eloquence, or other considerations which 
might control them upon this floor, determine what is right or wrong, 
and present it here ! Then, not now, will be time enough for us to talk 
about abolisliing District or any other Courts. Then if we are to sub- 
mit this act to the people let us submit it not in the form of an ordinance, 
but as a part of the Constitution which has been referred to and will be 
reported upon by the Judiciary Committee, who will recommend whether 
or not District Courts, after the adoption of this Constitution, shall be 
abolished. That would be the proper course for the Constitutional Con- 
vention to take. But if we commence by passing ordinances now, we 
know not where we shall stop. 

From all the information I have been able to obtain upon the subject 
of preceding Constitutional Conventions, and from a study of the ablest 
jurists upon the subject, I believe that a Constitutional Convention has 
no right to pass any other ordinance than such as has been committed 
to it by the people. In this ease there is but one ordinance that this 
Convention can pass, and that is to levy and collect a tax to pay its own 
expenses. Its next and only other business is to frame a Constilution. 

In conclusion, I move that this resolution be referred to the Commit- 
tee on the Judiciary, and that the Committee on the Whole do now rise 
and report to the house that they have considered the subject, and re- 
commend that it be referred to the Judiciary Committee. 

The motion was agreed to, and the Committee rose. Dr. MACKEY 
resumed the Chair. 

Mr. RUTLAND made the report of the Committee of the Whole, 
which was adopted. 

Mr. C. C. BO WEN introduced the following Bill of Eights, which was 
referred to the Committee on Bill of Eights : 

Whereas, the'people of the State of South Carolina, by their dele- 
gates in Convention assembled, on the twentieth day of December, in the 
year of our Lord one thousand eight hundred and sixty, did, by an or- 
dinance commonly called the Act of Secession, lay violent hands upon 
the Government and rudely severed the ties which bound the said State, 
in common with other States, in a Union, by a social compact known as 
the " Articles of Confederation and Perpetual Union," of the United 
States of America, whereby the State was rendered a Territory, and 



CONSTITUTIONAL CONVENTION. >«g 

•deprived of her rights, privileges and immunities then guarau tepd by 
lihe " Constitution of the United States ;" 

And whereas, by the said "Act of Secession, no 1-egal State Govern- 
ment has since existed, we, therefore, the representatives of the people, 
inhabiting the Territory formerly known as the State of South Carolina, 
assembled in Convention, at the city of Charleston, on the fourteenth 
day of January, in the year of our Lord one thousand eight hundred and 
sixty eight, in pursuance of an Act of Congress entitled an 'Act to pro- 
vide for the more efficient government of the rebel States," passed March 
second, eighteen hundred and sixty-seven, and the Acts supplementary 
thereto, thereby enabling- the people of the said Territory to form a 
Constitution and State Government for the re-admission of such State 
back into the Union on an equal footing with the original States. 

We, therefore, in order to establish justice, ensure- tranquility, provide 
for our mutual defence, promote our common welfare, and to secure to 
ourselves and our posterity the blessings of liberty, acknowledging, with 
grateful hearts, the goodness of the Supreme Ruler of the Universe in 
affording us an opportunity so favorable to the design, and imploring his 
aid and direction in its accomplishment, do agree to form ourselves into 
a free and independent State, to be known as the State of South Carolina, 
for which we do ordain and establish the following declaration of rights 
and form of government as the Constitution thereof: 

ARTICLE I. 

TtECLAKATION OF RIGHTS. 

That the general, great and essential principles of liberty and free 
Government may be recognized and established, we declare, 

1st. That all men are born equally free and independent, and have 
certain natural, inherent and inalienable rights, among which are those 
of enjoying life and defending liberty, acquiring, possessing and protect- 
ing property, and of pursuing and obtaining safety and happiness. 

2d. That neither slavery nor involuntary servitude shall exist in this 
State, except as a punishment for crime, whereof the party shall have 
been duly convicted ; nor shall any male person, who has arrived at the 
age of twenty-one years, nor female person, who has arrived at the age 
of eighteen years, be held to serve any person as a servant, under pre- 
tense of indenture or otherwise, unless such person shall enter into such 
indenture while in a state of perfect freedom, and on condition of a bona 
jide consideration, received or to be received for their service. 

3d. That all power is inherent in the people, and all free governments 
are foixnded upon the authority of, and established for the peace, safety 
and happiness of the whole people. Therefore, no attempt shall ever be 
made to abridge or destroy the right of suffrage which is now enjoyed by 
any person or persons in this State, except as provided for in this C'on- 
stitution. 

4tb . That all men have a natural and indefeasible right to worship 
Almighty Gor! according to the dictates of their own conscience ; that nc- 
man shall be compelled to attend, erect or support any place of worship, 



S4 PROCEEDINGS OF THE 

or maintain any ministry against kis consent ; that no haiuan authority 
ought, in any case whatever, to control or interfere with the rights of 
conscience, therefore, the exercise and enjoyment of religious profession 
and worship, vithout distinction, shall be forever free to all persons in 
this State : Provided, t!ie right hereby declared and established shall 
not be so construed as to excuse acts of licentiousness or justify practices 
inconsistent with the peace and safety of the State. 

5th. No preference shall ever be given by law to any religious sect or 
mode of worship. 

()th. That no person shall be molested for his opinions on any subject 
whatever, nor suffer any civil or political inoapaiuty, or acquire any civil 
or political advantage, in consequence of such opinions, except in cases 
provided for in this Constitution. 

7th. Every citizen may freely speak, write and publish his sentiments, 
on all subjects, being re-iponsible for the abuse of that liberty. 

Sth. No law shall ever be passed to curtail or restrain the liberty of 
speech or the press. 

-0th. In all prosecutions for the publication of papers investigating the 
official conduct of ofhcers or men in a public capacity, where the matter 
published is proper for the public information, the truth thereof may be 
given in evidence ; and, in all indictments for libels the jury shall have 
a right to determine the law and the facts, under the direction of the 
Court as in other cases. 

10th. The rights of the people to be seeure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall not 
be violated ; and no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to be 
searched, and the person or things to be seized. 

11th. That in all criminal prosecutions the accused hath a right to be 
heard by himself and counsel ; to demand the nature and cause of the 
accusation ; to be confronted by the witnesses against him ; to have com- 
pulsory process for obtaining witnessesr in his favor ; and, in all prose- 
cutions by indictment or information, a speedy public trial, by an impar- 
tial jury of the District ; that he cannot be compelled to give evidence 
against himself, nor can he be deprived of his life, liberty, or property, 
but by due course of law. 

12th. No person shall be accused, arrested or detained, except in cases 
ascertained by law, and according to the forms which the same has pre- 
scribed ; and no person shall be punished but in virtue of a law estab- 
lished and promulgated prior to the offence, and legally applied. 

loth. That no person shall, for any indictable offence be proceeded 
against criminally by information, except in cases arising in the land or 
naval forces, or the militia, when in actual service, or by leave of the 
Court, for misdemeanor in office. 

14th. No person shall, for the 8am.e offence, be twice put in jeopardy 
of life or limb, nor shall any person's property be taken or applied to 
public use without the consent of his representatives, and without just 
compensation being made therefor. 

15th. That all Courts shall be open, and every person, for an injury 
done him in his lands, goods, person or reputation, shall have remedy 



nONSTITUTIONAL CONVENTION. SS 

by due course of law, and right and justice adoiinistered without denial 
or di-slay. 

ItJth. That no person arrested or confined in jail shall be treated with 
unnecessary rigoi", or be put to answer any criminal charge but by pre- 
sentment, indictment or impeachment ; and that no l-iw shall over be 
passed in this State, inflicting corporal punishment upon any person 
whatever. 

17th. The right of ti-ial by jury shall remain inviolate, and no person 
shall be convicted of any crime but by the unanimous verdict of the 
same. 

18th. That no power of suspending the operation of the laws shall be 
exercised, except by the General Assembly or its authority. 

19th. That excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel or unusual punishment inflicted. 

20th. All penalties shall be proportioned to the nature of the offence, 
the true designs of all punishments being to reform, not to exterminate 
mankind. 

•Jlst. That all prisoners shall, before conviction, be bailable by sufficient 
securities, except for capital offences, when the proof is evident, or the 
presumption great; and the privilege of the writ of habeas corpus shall 
not be suspended, unless when in case of rebellion or invasion the public 
safety may require it. 

•2'2d. No person shall be imprisoned for debt in any civil action, or 
mesne or final process, unless upon refusal to deliver up his estate for 
the benefit of his creditors, in such manner as shall be prescribed by law, 
or in cases where there is strong presumption of fraud. 

23d. That no ex post, facto law, nor law impairing the obligation of a 
contract, shall be made, except such contracts as may have been made 
between the nineteenth day of December, eighteen hundred and sixty, 
and the fifteenth day of Miy, eighteen hundred and sixty-five, oi- con- 
tracts for the purchase of slaves. 

24th. That no person shall be attainted of treason or felony by the 
Legislature, and no attainder shall work corruption of blood or forfeiture 
of estate. 

25th. That treason against this State shall consist only in levying war 
against it, adhering to its enemies, giving them aid and comfort. No 
person shall be convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or confession in open Court. 

26th. That the estates of suicides shall desceml or vest as in cases of 
natural death, and if any person shall be killed by casualty, there shall 
be no forfeiture by reason thereof. 

27th That the citizens have a right, in a peaceable manner, to assem- 
ble together for their common good, to instruct their representatives, and 
to apply to those invested with the powers of government for redress of 
grievances or other proper purposes, by petition, address or remon- 
strance. 

28th. Every citizen has a right ta keep and bear arms in defence of 
himself and the State, and this right shall never be questioned. 

29th. No standing army shall be kept up without the consent of the 



86 PROCEEDINGS OF THE 

General Assembly, and the military shall, in all cases and at all times, 
be in striot subordination to the civil power. 

80th. That no soldier ahall. in time of peace, be quartered in any house 
without the consent "f tho owner, nor in time of war, but in a manner 
to be prescribed by law. 

olst. That lio hereditary emoluments, privileges or honors, shall ever 
be granted or conferred in this State. 

3l2d. No citizen of this State shall be exiled or prevented from emi- 
grating on any pretence whatever. 

33d. No person shall be debarred from prosecuting or defending any 
civil <jau.se for or against him or herself before any tribunal in this State, 
by him or herself, or counsel, or both. 

34th. That evtn-y a.ssociation of persons when regularly formed within 
this State, and having given themselves a name, may, on application to 
the Q-eneral Assembly, be entitled to receive letters of incorporation to 
enabl« them to hold estates, real and personal. 

35th. A frequent recurrence to the fundamental principles of the Con- 
stitution and a constant adherence to those of justice, moderation, tem- 
perance, industry and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. The people 
ought, therefore, to p,iy particular attention to all those principles, in the 
choice of their officers and representatives, and they have a right to re- 
quire of their law- givers and magistrates an exact and constnnt obser- 
vance of them in the formation and execution of all laws necessary for the 
good administration of the State. 

36th. That as religion, morality and knowledge, being essentially ne- 
cessary to the good government and the happiness of mankind, schools 
and the means of iu.^tructions shall forever be encouraged by legislative 
provision. 

37th. That no laws shall ever be passed to prevent the poor in the 
several Districts within this State, from an equal participation in the 
Schools, Academies, Colleges and Universities within the State, which 
are endowed, in whole or in part, from the revenue arising from the do- 
nations made by the United States, or othei^wise, for the support of 
Schools and Colleges, and the doors of said Schools, Academies and 
Universities shall be open for the reception of scholars, students and 
teachers, of every grade, without any distinction or preference whatever. 

38th. This enumeration of certain rights shall not be construed to 
deny or disparage others retained by the people, and to guard against 
any encroachments on the rights herein retained, or any transgression 
of any of the high powers herein delegated, we declare that every thing 
in this article is excepted out of the general powers of Government, and 
shall forever remain inviolate, and that all laws contrary thereto, or to 
the following provisions, shall be void. 

Mr. T. K. SASPORTAS offered the following, which was referred to 
the Committee on the Judiciary. 

Whereas, the bulwark of life and liberty depends upon the intelli- 
gence of those who sit in judgment on their fellow men, be it 

Resolved, That all persons may sit on juries without regard to race. 



CONSTITUTIONAL CONVENTION. Sy 

color, or previous condition, provided they are registered voters, and are 
able to read and write legibly. 

Mr. B. 0. DUNCAN presented and read a petition to Congress pray- 
ing for a repeal of the cotton tax, so as to cover the crop of 1S67, and 
setting forth the reasons therefor. 

Referred to the C(5mniittee on Petitions. 

Mr. J. M. RUNION oflFered a resolution, providing for the election of 
Justices of the Peace and Constables in each District; also, a resolution 
prescribing that the Genera) Assembly shall, from time to time, regu- 
late and define the duties of said officers, and providing that Justices 
of the Peace shall not have jurisdiction over sums not exceeding $100- 

Referred to the Committee on Franchise and Elections. 

Mr. RUTLAND moved that the Secretary be requested to inform 
Messrs. Melton and Curbin of their election, and request their attend- 
ance at as early a day as practicable, which was agreed to. 

Mr. B. F. WHITTEMORE offered the following, which was referred 
to the Committee on Franchise and Elections: 

Resolved, That every male citizen of the United States, and every 
male perso^i of foreign birth who may have declared his intention to 
become a citizen of the United States according to law, not less than 
one year, nor more than five years before he oilers a vote, who is over 
the age of tweniy-one years, who is not disqualified under ths provisions 
of the Constitution of thi- State, and who shall have complied with its 
requirements, and have resided in this State one year next preceding 
any election, or next preceding his registration as a voter, and during 
the last six months of that period shall have resided in the county, city 
or tc«wn where he oifors to vote, or seeks registration as a voter, shall be 
entitled to vote at such election. No person shall vote elsewhere than in 
the election precincts of which he is at the time a resident. 

Mr. JAMES N. HAYNE submitted an Ordinance providing for the 
formation of a new Judicial District, to be called " Sumner," out of con- 
tiguous portions of Edgefield, Barnwell, Lexington, and Orangeburg 
Districts, which was referred to the Committee on the legislative p^rt of 
the Constitution. 

Mr. L. S. LANGLEY offered the following, which was referred to the 
Committee on Bill of Rights : 

Whereas, the pernicious doctrine of States Rights, as believed in 
and taught by a mistaken son of South Carolina, Hon. John C. Cal- 
houn, has cost our beloved country many thousand valuable fives and 
many millions of treasure ; and, whereas, it is highly necessary that the 
new Constitution which this Convention is about to frame should not be 
silent on the subject, therefore be it 



S8 PROCEEDINGS OF THE 

Resolved, That the alle^anee of the citizens of this date is due io the 
Federal Government and to South Carolina, only so long as she con- 
tinues a component part of the American Union. 

Mr. J. H. EAINEY oifered the following, which was referred to the 
Committee on the Judiciary : 

Resolved, That it is the sense and wish of this Convention that the 
next Legislature take measures for a revision of the code of State laws 
as speedily as possible after its assembling. 

Mr. VV. E. JOHNSTON offered the following, which was referred to 
the Committee on Franchise and Elections : 

Whereas, it has been proposed to this Convention that all ministers 
shall be debarred from participating in all political affairs, be it 

Resolved, That all men, whether ministers or otherwise, shall be liable 
to any position in the government that the people in their judgment may 
honor them with, providing that said minister or man be qualified to fill 
the offices they may be called to serve in. 

Mr. A. J. RANSIEIl offered the following, which was referred To the 
Committee on Education : 

Resolved, That the Committee on Education inquire into the expe- 
diency of establishing a Board of Education, consisting of three from 
each Congressional District. Such Board shall have power to divide the 
State into school districts, and provide for a thorough system of common 
schools, elect a Superintendent from among their number, and make all 
needful regulations for the education of youth, no discrimination to be 
made in favor of any class of persons. 

On motion of R. C. DeLAEGE, the Convention adjourned to meet at 
VI M. to-morrow. 



IVednesday, January S'S, 1868. 

The Convention assembled at 12 M., and was called to order by the 
PEESIDENT. 

Prayer was offered by the Eev. F. L. CARDOZO. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 



CONSTITUTIONAL CONVENTION. 1§9 

' . ' ' '* 

Ou motion of Mr. N. G. PAEKEE, the reading of the Minutes was 
dispensed with. 

The PEESIDENT announced the first business in order to be the re- 
ports of Special Committees. 

Mr. C. C. BO WEN made a report of the Committee on the Judiciary 
un a resolution in relation to contracts, where the consideration was for 
the purchase of slaves, stating that they had considered the same, and 
recommend for adoption the following Ordinance ; 

We, the People of the State qf South Carolina., by our Delegates in 
•Convention, do hereby ordain and declare, That all contracts, whether 
under seal or not, the consideration of which were for the sale of slaves, 
are null and void and of non-effect. 

2. No suit, either at law or equity, shall be commenced or prosecuted 
on such contracts and proceedings for the satisfaction and payment of 
judgments and decrees which at any time heretofore have been recorded, 
rendered, enrolled, or entered upon such contracts, are hereby forever 
prohibited. 

3, All orders relative to such contracts wbicii may at any time hereto- 
fore have been made in any Court of this State, either of law or equity, 
whereby any property, real or personal, is held subject to decision as to 
the validity of such contracts, are also declared null and void, and of 
non-effect. 

The PEESIDENT stated that the Convention having at an early 
session of the body adopted the rules of the House of Eepresentatives, 
and regarding the term ordinance in the Convention as synonymous with 
bill in the Legislative Assembly, the Chair was compelled to decide that 
no ordinance can pass the Convention until it has received three read- 
ings. The Chair decided therefore that this ordinance had received its 
first reading. 

Mr. WM. McKINLAY. It is my opinion that all matters coming 
from Committees in the shape of ordinances or resolutions should be 
printed for the use of the members, so that they may have as much light 
as is possible to be thrown upon the siibject. I therefore move that all 
ordinances and reports coming from Committees, intended to be passed 
into permanent laws by this Convention, be printed, and copies laid upon 
the table of the members. 

Mr. E. J. DONALDSON. I think that course will entail a great deal 
of unnecessary expenses, and delay the business of the Convention. I 
move as an amendment, that ordinances and resolutions shall only be 
printed after the second reading. A great many resolutions may be 
introduced here, which if printed simply when offered, may get no 
further than the hands of the printer, and would, therefore, be a use- 



90 PRUCEEDIISGS OF THE 

less expense ; but if they pass after a second reading, then thej should 
be printed. 

Mr. L. BOOZEE. After a second reading a measure is considered a» 
passed. It is true the Convention still has the subject under its control, 
and may reject at the third reading, or may depart from the usual course, 
and consider the subject at the third reading. What 1 mean to say ia- 
that the discussion on all subjects generally take place at the second 
reading; that is the usual course of all legislative bodies, and to print 
all reports of Committees. The members will then be able to under- 
stand better, with copies before them, and as there was no necessity for 
hurrying through our proceedings, we can deliberate more carefully and 
cautiously. I hope everything will be printed as it comes from the- 
Committee. 

Mr. WHITTEMOEE moved, as an amendment to the original motion, 
that all ordinances and reports be printed after the first reading. 

Mr. WM. McKINLAY. I merely desire to state that I am not at all 
convinced, from what has been said, that the printing of the resolutions 
and ordinances after the second reading will entail less expense upon 
the Convention than what it will at first. If only a certain number be 
printed, it will not cost more to print at first than afterwards 

Mr. R. J. DONALDSON said his motion was to postpone until after 
the second reading. 

The question was then taken on the original motion, and decided in 
the afiirmative. 

Mr. C. C. BO WEN made a report of the Committee on the Judiciary, 
on a resolution appointing a Committee of five to investigate affairs in 
the Penitentiary, and report relative to the treatment of prisoners in the 
State Penitentiary, stating that the subject matter is beyond the juris- 
diction of the Convention, the Penitentiary being under the control of 
the Provisional Government of this State, and subject to the military 
authorities of the United States. The Committee recommend that the 
matter be referred to General Canby, with a request that an investiga- 
tion be made of the charges contained in the resolution. Adopted. 

Mr. C. C. BOWEN, from the same Committee, to whom had been 
referred a resolution relating to jurors, reported it back, with the recom- 
mendation that it be referred to the Committee on Legislative Provisions 
of the Constitution. 

The report was not adopted. 

Mr. N. G. PARKER made the following report, which was adopted : 

tfhe Committee on Finance, to whom was referred an ordinance rela- 
tive to the validation of a portion of the bills receivable of the State, 



CONSTITUTIONAL CONVENTION. »l 

and the sale thereof, and the manner of levying and collecting the tax 
authorized by Act of Congress, to defray the expenses of the Conven- 
tion, with instructions to report thereon this morning, beg leave respect- 
fully to report, that they are in correspondence with Major-General E. 
E. iS. Can by, the Governor of the State, and other State officials, from 
whom information is asked, and that it was impossible to arrive at any 
■conclusion at so early a day, and respectfully ask further time, with the 
assurance that an early report may be expected. 

Mr. S. A- SWAILS, from the Committee on Rules and Regulations, 
made the followig report, which was read, and, on motion of Mr. 
PARKER, one hundred and fifty copies were ordered to be printed : 

South Carolina Constitutional Convention, ^ 
Charleston, S. C, January '22, 1868. ^ 
The Committee appointed for the purpose of drafting Rules and 
Regulations for the Government of this Convention, beg leave to report 
through their Chairman, that they have had the matter under considera- 
tion, and respectfully submit the following ; 

I. Order of Business of the Da v. 

1st. This Convention whall meet at twelve o'clock, M.,' and continue 
in session until three o'clock. P. M., each day, unless otherwise ordered. 

2d. Prayer by the Chaplain. 

3d. Calling the Roll of Delegates, a majority of whom being present 
shall constitute a quorum for the transaction of business. 

4th. Reading and disposing of the journal of the preceding session, 

5th. Report of Standinp^ Committees. 

6th. Report of Special Committees. 

7th. Receiving Petitions and Resolutions. 

8th. Unfinished Business. 

II. No member shall absent himself from the service of this Conven- 
tion without the consent of the Convention, under penalty of losing the 
pay for the day absent, unless he shall give a reasonable excuse. 

III. No member shall be allowed to speak more than twice on the 
same question, nor for more than fifteen minutes each time, unless by the 
consent of the Convention, and for the purpose of explaining some point 
in question. 

IV. No Article, Section, Paragraph or Clause, intended to be embo- 
died in the Constitution, or a Petition to or from the Convention, shall 
receive its final adoption, until it has received at least two readings : 
Provided, That twenty-four hours shall elapse after the first reading 
And all amendments thereto shall be subject to the said stipulation. 

V. It shall be the duty of the subordinate officers of this Convention 
to attend the ineetings of all Committees held in this building. 

VI. So much of the Rules of the House of Representatives as do not 
conflict with the foregoing Rules are hereby adopted for the govern- 
ment of this body. 

Respectfully submitted, 

S. A. SWAILS, Chairman. 



02 PROCEEDINGS OF THE 

Mr. L. B. JOHNSON made a report of the Special Comraittee, to 
whom was referred a petition for the division of Pickens imo two Dis- 
tricts, one to be known by its original name Pickens, the other to be 
called Oconee. The Committee report an Ordinance, and recommend its 
adoption or reference to the Judiciary Committee, with instructions to . 
incorporate such portions in the Constitution as may be necessary to carry 
out the object of the ordinance. 

The ordinance appoints commissioners to select proper sites, lay out a 
new town for a Court House and jaiU soil property apply proceeds, and 
make titles to purchaserh of lots in the name of the State. 

Mr. J. J. WRKxHr moved that the report be retained by the PRESI- 
DE N^T until the Legislafure has assembled, and that it then be referred 
to them. 

Mr. JOHNSON hoped the Conventioru would take some more direct 
action. This division of Pickens District was earnestly desired by all 
classes and parties in that section of country. A. very strong petition 
had been sent here, signed by all the officers of the Court residing at 
Pickens Court House, including the Clerk of the Court, Sheriff, Commis- 
sioner in Equity, Judge, the United States and State Tax Collectors, all 
the lawyers, and other prominent citizens. There are only thirteen 
families residing in Pickens Court House, most of them officers of the 
District. They are all v^iQing to sacrifice their property to get another 
Court House. The present Court House is located in a very poor section 
of country. Oconee Disiriot, when the division takes place, will contain 
one thousand four hundred and six square miles. Pickens District will 
contain one thousand two hundred and twenty- five square miles. 

Mr. N. Q-. PARKER said he sympathised with the gentleman from 
Pickens in his desire to to have the District divided. He knew some- 
thing of that District, but to facilitate business he would lay on the table 
the motion to refer it to the next Legislature of the State, in order to 
have it referred to its appropriate Committee. He deemed it, however, 
a fit subject for the Legislature and not of this Convention. 

Mr. R. C. DeLA.RGE moved that It be made the Special Order for 
to-morrow (Wednesday) at one o'clock, which was agreed to. 

Mr. B. P. WHITTEMORE offered the following, which was referred 
to the Committee on Legislation : 

Resolved, That it shall be the duty of the General Assembly, as soon 
as circumstances will permit, to form a penal code, founded on the prin- 
ciples of reformation and not of vindictive justice, and also to provide 
one or more farms to bdan asylum for those persons, who, by reason of 
age, infirmity, or other misfortunes, may have a claim upon the aid of 



CONSTITUTIONAL CONVENTION, S)3 

the beuevoleuee of society, that suck persous may therein lind employ- 
ment and every reasonable comfort, and lose by their usefulness the 
degrading sense of dependence. 

Mr. J. K. JILLSON offered the following which was referred to the 
< Jommittee on the Judiciary : 

The J udiciiil power of this State shall be vested in one Supreme Court, 
and m such inferior C juris as the Legislature may from time to time 
ordaiu and establish. 

The several Courts shall have such jurisdiction as may from time to 
time be prescribed by law. Chancery powers may be conferred on the 
Supreme Court, or on any other Court, to no greater extent than may 
be hereafter provided by law. 

The Judges of the Supreme Court shall, in all trials, instruct the jury 
in the law. They shall also give their written opinion upon any question 
of law, whenever requested by the Governor or by either House of the 
Lejrislature 

The Judges of the Supreme Court shall be elected by the two Houses 
in Grand Committee. Each Judge shall hold his office until his place 
be declared vacant by a resolution of the Legislature to th^t eli'ect, which 
resolution shall be voted by a majority of all the members elected to the 
House in which it may originate, and be concurred in by the same 
majority of the other House. Such resolution shall not be entertained 
at any other than an annual session for the election of public officers, 
and in default of the passage thereof at said session, the Judge shall 
hold his place as herein provided. But a Judge of any Court shall be 
removed from office if, upon impeachment, he shall be found guilty 
of any official misdemeanor. 

In case of vacancy by death, resignation or removal from the State, or 
from office, refusal or inability to serve, of any Judge of the Supreme 
Court, the office may be filled by the Grand Committee until the next 
annual election, and the Judge then elected shall hold his office as before 
provided. ■ 

In cases of impeachment or temporary absence or inability, the Gov- 
ernor may appoint a person to discharge the duties of the office during 
the vacancy caused thereby. 

The Judges of the .Supreme Court shall receive a compensation for 
their services, whicb shall not be diminished during their continuance 
in office. 

Mr. E. J. DONALDSON objected to the introduction of such resolu- 
tions, as wasting the time of the Convention on subjects properly belong- 
ing to the Standing Committees. He considered it a piece of imperti- 
nence, entrenching i pon the business of the Committees which had been 
appointed to prepare such amendments to the Constitution as might be 
deemed necessary, and he thought it was not flattering to the good sense 
of the members to be continually offering suggestions to those Commit- 
tees. He hoped the Convention would discountenance them. 
13 



^4 PROCKEVl^iJrS OF THE 

Mr. J. J. WEIGHT. As one of the members of the Committee on 
the Judiciary I certainly would be pleased to receive any suggestions or 
resolutions in that Committee the Convention might deem lit to send it- 

Mr. L. S. LANGLEY called for the Special Order, which was the 
report of the Committee recommending a petition to General Can by to 
suspend, for three months, the collection of all debts contracted prior to 
the oOth of June, 1865. 

Mr. T. J. EOBERTSON said he understood under the rules this 
should lay over until the third reading. 

The CHAIR .said under the rules it would have to lay over until a 
third reading. 

Mr. B. F. WHITTEMORE moved a suspension of the rules, the 
order discharged, and the resolution printed for consideration to- 
morrow (Wednesday.) 

Mr. F. J. MOSES, Jr. I hope the motion will not prevail. The object 
of the motion is very plainly to be seen, and that is to kill the resolution 
or the purposes of the resolution. As I announced the other day, the 
object of that resolution was to request General Canby in time for him 
to issue an order before the first Monday in February, which is sales 
day. I know the fact that there is an organized opposition to it, and 
this is the first movf- they have made. I hope gentlemen who oppose 
this measure will come up and face the question like men. The Chair 
had said that this was no new matter, and consequently, having been 
made the order of the day, it came up for discussion now. I hope the 
matter will be disposed of at once. There is really no necessity to post- 
pone, unless it is to advance the wishes of those who desire to kill this 
question of re lie!. The question has been before the House several 
days, allowing ample time for every member to obtain the fullest infor- 
mation on the subject. 

Mr. R. C. DeLARGE. I concur with the member from Sumter. 
This question has been before the House in two or three different forms, 
and I hope will be acted upon . Some relief to the people of the State is 
necessary, lind even if this measure be not adopted the question will con- 
tinue to come np, and, like Banquo's ghost, "will not down at our 
bidding." 

Mr. N. J. NEWELL. I desire to state, for the information of the 
Convention, that I received this morning a letter from a distinguished 
lawyer of the State, who says there are over twenty thousand decrees 
obtained up to this time which will be put in execution in February. 
These deciees involve property to an amount of over two hundred thou- 



CONSTITUTIONAL CONVENTION, 



t* 



sand dollars. I hope the Convention will give the subject its earliest 
consideration. 

Mr. B. F. WHITTEAiORE. My object in calling for the printing of 
this resolution is that members may have an opportunity of duly con- 
sidering the question. I have no desire to ask that this measure shall 
be killed, and when any gentleman supposes I rise for the purpose of 
murdering a resolution, and declares in the presence of the Convention 
that that is mj object, he is doing more than he has any authority for 
doing. I consider this matter of too grave an import to be acted upon 
hastily. When we are touching upon matters of debts and individual 
liabilities it becomes us to consider well how far we can go before com- 
mitting ourselves upon the question. I believe as an individual mem- 
ber I have a right, whenever it seems good in my mind, to present any 
resolution, and I do not impugn the motives of any member in the pre- 
sentation of a resolution. I simply ask that the Convention may duly 
and properly consider this matter, in order that, whenever passed upon, 
their action will be justified, at least, by a fair and impartial discussion 
of the question. I hope the resolution will prevail. I hope that no 
spirit of animosity will prevail here that will prevent others from the 
introduction of such other measures as they desire to ofi'er. I do not 
know whether this proposition may be the best that can be offered. I 
am perfectly willing to consider it, and if convinced that it is the best, I 
will give it my hearty support, and if not the best, my hearty objection. 

Mr. W. J. WHIPPEE. I hope the motion to postpone will not prevail. 
I hope the house will take up the resolution and consider it. This matter 
has already been before the house for four or five days. It came up 
yesterday and was made the Special Order for this day at one o'clock, 
that they might have time to consider or discuss the matter. I do not 
propose to say what course we should take, but I do think if there is 
any necessity of bringing it up at all, it should be considered immediate- 
ly. As I have said, it has been before us four or five days, and it is now 
asked to be put off. Another continuance on probably more frivolous 
grounds, may be asked, until it gets so near the day on which these sales 
are to be held, that it will be impossible for the Commanding General to 
prevent the executions, even if disposed to do so. I feel that we have a 
right to ask that the subject be taken up and considered. I do not see 
the necessity of waiting until to-morrow, simply to have it printed. The 
facts will be elicited in discussion, and the mere fact of printing will add 
but little information to the question one way or the other. There are, 
perhaps, gentlemen here who have long speeches already prepared and 
I am willing to hear them now, that the facts may all be brought out, 



d« PROCEEDINGS OF THE 

and if we decirJe in favor of the resolution, asking the General Conimand- 
ing to issue his order of relief, I hope it will be done at once, more espe- 
cially as one gentleman has told us over two hundred thousand dollars 
worth of real estate in the interior is so shortly to be levied upon or sold 
under execution by the sheriff. I trust we will not put off this question 
for any frivolous reasons. 

Mr. L. S. LANGLEY. I hope the resolution of the gentleman from 
Darlington will prevail. Two or three days ago a resolution was referred 
to the Judiciary Committee to inquire as to whether this Convention had 
legislative powers or not. I am informed by the Chairman of the Com- 
mittee that that resolution has not been handed to him. If we should 
vote to lay the motion of the gentleman from Darlington on the table, or if 
we consider the subject to-day, I hope we will hear first from the Judi- 
ciary Committee as to what are the legislative powers of this Conven- 
tion. 

Mr. B. BY AS moved that the whole matter be discharged. 

Mr. B. F. WHITfEMORE. I move that the Special Order be post- 
poned until two o'clock to-morrow. 

Mr. r. J. MOSES, Jr., called for the yeas and nays. 

The yeas and nays were ordered, and being taken, resulted yeas 46, 
nays 68. 

Mr. S. G. W. DILI J. 1 move to lay the whole matter upon the table. 

The yeas and nays wert again taken, and resulted yeas 28, nays 82. 

Mr. T. J. ROBERTSON moved that the whole matter be indefinitely 
postponed. 

The yeas and nays were again called for. 

Mr. R. J. DONALDSON. I protest against this waste of time. I 
appeal to the good sense of the house. It is a matter of no importance. 
The whole resolution is no more than so much waste paper. 

The yeas and nays being ordered, were taken, and resulted yeas 24, 
nays 86. 

Mr. J. M. RUTLAND. I move that it be recommitted to the same 
Committee, with instructions to its Chairman, to give his reasons more 
at length, and especially on the legal points involved in the matter. 

Mr. R. C. DeLARGE. I move that the Committee report within ten 
minutes. 

Mr. F. J. MOSES, Jr. I think what I said in reference to an organ- 
ized opposition to defeat this measure of relief, has been plainly proved 
by the action of that opposition on this question of postponement. I see 
in this motioii to recommit nothing but another stride towards the wish 
for a defeat of this important measure. The Committee to whom that 



CONSTITUTIONAL CONVENT TON. 90^ 

resolution was referred, did not deem it proper to embody with the report 
an argument in favor of its adoption by this house. That may have 
suited th« opposition. But it was the object of the Committee to bring 
it back as soon as possible, knowing that every eye in the State is turoed 
to the Convention to see what we will do for them. We are not looking 
to the interests of any particular class of citizens. There is not a man 
but what demands relief. Now, for the mere purpose of killing the 
resolution and defeating its object, it is proposed by the opposition to 
send it back to the Committee for the purpose of getting the legal argu- 
ment and reasons of the Chairman. So far as my individual opinion is 
concerned, I think such a motion is unprecedented, and could only arise in 
the brain of any man who is compelled to some dernier resort to accom- 
plish his end in defeating a measure. 

This question should be discussed on the floor of the house, where gen- 
tlemen can meet each other, and not in the Committee room. I therefore 
trust this motion to recommit will be voted down. It is true, as far as 
a vote on the subject is concerned, I think the Convention has shown 
itself in favor of the measure. At the same time the organized opposi- 
tion is so perfect, and they have so many members ready to jump up at 
the proper time to make molions, and they are so admirably drilled on 
this particular subject, that they have staved it off until it is close upon 
three o'clock, the hour of adjournment. We shall therefoie be compelled 
to postpone further consideration, but we shall beat them to-morrow. 

Mr. B. F. WHITTEMOEE. I will go as far as any one else in the 
support of measures for the relief of the people of the State. The gen- 
tleman from Sumter, is, apparently, quite sure that he will be able to 
carry through his proposition to-morrow, and I am not convinced that he 
may not then persuade me over to his side of the question. The subject 
of relief has often been brought to my mind since I have been a resident 
of South Carolina , and it is no new question with which I have to deal. 
In order therefore that the gentleman may have an opportunity of add- 
ing as many friends to his measure as possible, I move as an amend- 
ment, that the further consideration of the subject be postponed until 
half-past one o'clock to-morrow. 

The question being taken, it was decided in the affirmative, and on 
motion of Mr. R. C. DeLAEGE, the Convention adjourned. 



flS PROCiEEDINGS OF TMM 



EIOtLTH D^Y. 



Thursday^ January ^3, 1868. 

The Convention assembled at 12 M., end was called to order liytlje 
PRESIDENT. 

Prayer was offered by the Rev. R. H. CAIN. 

The roU was called, and a quorum answering to their names, the- 
President announced the Convention ready to proceed to business. 

The Journal was read and approved. 

Mr. J. J. WRIGHT, from the Committee on the Judiciary, t©' whom; 
was referred a resolution of inquiry as to the legislative powers of the- 
Convention, reported that th© Committee are of the opinion that the- 
Convention has the power to legislate as far as they may consider it for 
the good of the people. 

On motion of Mr. F. J. MOSES, Jr., the report was made the Special 
Order for one o'clock to- morrow. 

Prom the same Committee, Mr. J. J. WRIGHT reported that the Ordi- 
nance providing for the abolition of the District Courts, which had been 
referred to them for consideration, was, in their opinion unnecessary^ 
since the subject would be embodied in the report of the Committee with 
reference to the Judiciary of the State, 

The report was adopted. 

Mr. C. M. OLSEN offered the following resolution, which was referred 
to the Committee on Finance : 

Resolved, That all Banks and Savings Institutions in this State, which 
suspended payment during the rebellion, shall immediately after the 
ratification of the State Constitution go into liquidation. 

Mr. N. G. PARKER called for the report of the Committee on Print- 
ing. He stated that the work of the Convention was delayed from the 
want of a Printer. Orders had been issued for the printing of documents 
which ought then to be upon the tables of members. 

Mr. R. C. DeLARGE replied that these documents were already in 
the possession of the gentleman who had been elected as printer — Mr. 
H. Judge Moore. He promised to have them here at eleven o'clock, but 
had failed to do so. 

Mr. DeLARGE then stated that the Committee on Printing received 
two bids for the work ; one from H. Judge Moore, publisher of the 



<>ONSTlTHTIOKAL OON YEN TICK. 99 

Okarieston A.dvocate, and the other from Messrs, McMillan & Jowitt, Job 
Priaters. The bid of H. J. Moore was $L"25 per thousand "ems" for 
200 <x)pies -of the Journals and Eesolutiona not in pamphlet form, or 
>$2."25 per page in pamphlet form. The bid of Messrs. McMillan & Jowitt 
was the same. Both were aubmitted for ib.e consideration of the Con- 
vention. 

Mr. LEMUEL BOOZER said that as he presumed the Convention did 
not understand the terms of the report, he would move to la.y the matter 
on the table until further information could be received. 

The motion was not agreed to. 

Dr. J. C. NEA.GLE moved that the Convention proceed to the election 
<of printer at once. 

The motioa was not agreed to. 

Mr. C. C BO WEN desired to know the size of the page, quality of 
paper and manner in which the work was to be executed, and as this 
information was not in possession of the Committee, he thought it pru- 
dent to recommit the report to tJi© Committee. 

On motion of Mr. H. E. HAYNE, the report was then recommitted 
with instructions to report at one o'clock to-morrow. 

Mr. B. F. RANDOLPH offered the following resolution, which was 
referred to the Committee on Franchise and Elections: 

Whekeas, incentives are necessary to a more speedy attainment of 
learning and intelligence, which are the sure guards of Republican lib* 
erty ; therefore be it 

Resolved, That the forthcoming Constitution of the State shall provide 
that all persons coming of age after the first of January, 1875, shall 
possess the qualifications of reading and writing intelligently in order to 
be able to vote. ' 

Referred to the Committee on Franchise and Elections. 
Mr. S. A. SWAILS offered the following, which was referred to the 
Committee on Petitions : 

Whhreas, certain citizens of the State of South Carolina were appoint- 
ed as Assistant Assessors of Internal Revenue for the year 1866, and 
served in that capacity until April, 1867, without compensation, by reason 
of not being able to subscribe to the oath prescribed by the Act of July, 

1862, and 

Whereas, they did discharge those duties with fidelity to the Govern- 
ment,, therefore be it 

Resolved, That this body do earnestly recommend to the Congress of 
the United States the extreme necessity of adopting some measure for 
the relief of those persons. 



14IO PROCEEDINaS OF THE 

Mr. B. F. WHITTEMOEE offered the following, which was re/erred 
to the Committee on Education : 

No township or school district shall receive any portion of the public 
school fund, unless a free school shall have been kept therein for not less 
than three months during- the year, for which the distribution therein 
shall have been made. The Legislature shall have the power to require- 
by law, that ever}' child of sufficient mental and physical ability shall 
attend the public schools, during the period between the ages of five and 
eighteen years, for a term equivalent to sixteen months, unless educated 
by other means. 

Mr. R. G. HOLMES offered the following, which was referred to the 
Committee on the Legislative part of the Constitution : 

Resolved, That no debt contracted by the State of South Carolina while 
in rebellion against the United, shall be legalized or paid by any Act of 
any Legislature of this State. 

Mr. EGBERT SMALIjS offered the following, which was referred to 
the Committee on Education : 

Wheeeab, the maintenance of an intelligent government, faithful to 
the interests and liberties of the people, must in a great measure depend 
upon the intelligence of the people themselves ; and, 

Whereas, the experience of those States which have opened to the 
poor and rich alike the opportunities of instruction has demonstrated the 
utility of common schools in elevating the intellectual character of their 
population; therefore. 

Resolved, That the Committee on the Constitution be directed to report 
an article providing for a system >^i common schools, of different grades, 
to be open without charge to all classes of persons. 

Resolved, That for the purpose of making effective* the common school 
system, it be required that all parents and guardians send their children 
between the ages of seven and fourteen to some school, at least six 
months for each year, under penalties for non-compliance, to be fixed by 
law, unless from sufficient cause any may be excused in writing by some 
proper legal authority, appointed to direct or superintend the public 
schools. 

Mr. B. F. RANDGLPH introduced the following, which, on motion of 
Mr. J. J. WEIGHT, was indefinitely postponed : 

Wheeeas. distinction and inequality in law would be destructive to 
peace and harmony, and would be a source of general dissatisfaction, as 
well as make a large majority of citizens of the State discontented by 
social conflict among citizens, be it 

Resolved, That the forthcoming Constitution shall not itself make any 
distinction on account of color, and shall provide that no distinction 



CONSTITUTIONAL CONVENTION. 101 

whatever on account of color in any law, legislative or municipal, shall 
be made in this Stale. 

licsohed, That there shall be no distinction on account of color in anj- 
institution which depends on the public for its support. 

Mr. J. M. RUNION offered the following : 

Resolved, That Sheriffs. Coroners, Clerks of the Court of Common 
Pleas, Commissioners in Equity, Justices of the Peace and Constables, 
shall be elected by the people of their respective districts or beats for.the 
term of four years, and that for four years thereafter they shall be ineli- 
gible to office. 

The PRESIDENT announced that the hour had arrived for the con- 
sideration of the Special Ordei-, namely, an Ordinance for the division of 
Pickens District. 

Mr. W. J. WHIPPER moved that the Special Order be discharged. 

Mr. L. B. JOHNSON, of Pickens. I earnestlj hope the Convention 
will not postpone this matter. The petition has been signed by citizens 
all over the District. There is not a corner, not a beat, not a settlement 
in that District the citizens of which have not signed the petition- 
Another petition to the same effect has been received b}' me from 
Walhalla. If gentlemen knew the extent of Territory of that District, 
and the pressing need for another Court House, I am confident that they 
would withdraw their opposition. In consequence of the present poverty 
of Pickens Court House, there are no accommodations for citizens, from 
a great distance, who are obliged to attend Court, and it is often impos- 
sible to get a meal of victuals. I hope, therefore, so important a matter 
may not be hastily disposed of without a full consideration of the merit 
of the application, and its bearing upon the welfare of the people. 

Mr. N. Gr. PARKER, of Barnwell. I certainly can see no harm likely 
to i'e>ult from the adoption of this Ordinance, although my opinion is 
that is a subject that belongs more properly to the Legislature. 

Mr. B. 0. DUNCAN. I think there is no disposition among the mem- 
bers of this Convention to oppose the division of Pickens District ; but 
there are various applications of the kind before the body, and if we 
begin, where shall we end ? Divide one, and it will be claimed we 
should divide other Districts. As the Legislature will sit iu a few 
weeks, I trust the matter will be postponed until that time. 

Mr. R. C. DeLARGE. I believe it is the intention of the Convention , 
to give to all petitions sent here a respectful consideration. At the same 
time, one of the Committees uas ah-eady before it a proposition to 
re- arrange the State into counties and towns, and it was at least advisa- 
ble to wait until the report of that Committee had been made. 
U 



102 PRUUEEDINGS OF THE 

Mr. E. J. DONALDSON. I trust that the gentlemen who oppose this 
petition will give us some more substantial reasons for so doing than. I 
have heard on this floor. The people of Pickens are surely more famil- 
iar with the wants of that locality than we can possibly be, and hence 
their prayer deserves of our hands that consideration and action which 
the importance of the subject demands. 

Mr. 0. C. BOWEN. I am opposed to the division of Pickens District, 
on the general principle that if you can grant the division of one Dis- 
trict every other District and county town may send their applications 
here and a.sk the Convention to do likewise with regard to it ; in fact, I 
doubt whether they will be able to raise money enough to erect the nec- 
essary buildings. 

Mr. J. M. ALLEN, of Greer ville. The citizens of Pickens propose 
to erect the Court House by taxing themselves. I agree with the dele- 
gate from Pickens (Mr. JOHNSON,) as to the poverty and want of ac- 
commodations at Pickens Court House, travellers having frequently to 
JLake their provisions and whiskey with them, but the eastern side of that 
District is a fertile country, capable of supporting large and flourishing 
towns, which we propose to form into the District of Oconee, and if the 
people want to erect another Court House themselves, I can not see why 
the Convention should object to it. 

Mr. W. J. WHIPPEE, of Beaufort. In making the motion to dis- 
charge the Special Order, it was not with the view of defeating the object 
of this petition. I appreciate the necessities of that people ; but my own 
District, which contains a larger number of inhabitants than Pickens 
has equal claims upon the consideration of this Convention, and, there- 
fore, as a matter of expediency, I deem it best that the whole subject 
shall be referred to the Legislature. I cannot recognize the consistency 
of gentlemen who question the legislative power of this body and still 
insist on a division, which of necessity is an act of legislation. If we 
once commence the work of legislation, no one can tell where it will end, 
and we may be kept here a month longer tb an is absolutety necessary . 
I therefore hope the Special Order may be discharged. 

Mr. C. P. LESLIE, of Barnwell. This matter ought to have been 
disposed of without debate. Other districts will now come up for divis- 
ion. It is not usual to insert in the Constitution of a State the chang- 
■ing of a name or the division of a county. The gentleman from Edge- 
field (Mr. ELLIOTT J for instance, refuses to divide Barnwell District 
because he is unwilling to locate the Court House at Blackville. He is 
not willing to mate the change from Barnwell Court House. ' It could 
not possibly be done by any rational means. He intimates I have been 



CONSriTUTIONAL CONVENTION. 103 

log-rolling, but I appeal only to the good sense of the house. Prior to 
the war and since, the white people of Barnwell District did not think 
fit to divide that District, and they certainly knew as much then as they 
know now of their wants. Their sta*^us has not actually changed. To 
bring these questions before the Convention and ask it to hurry them 
through does seem to smack somewhat of the ridiculous. Some have 
said the people will pay the expenses of erecting the Court Houses in the 
new districts. I believe they will at last come back on the State. 

Mr. F. J. MOSES, Jr. With the consent of the mover of the resolu- 
tion, I move to discharge the Special Order to-day, and to make it the 
Special Order for Tuesday next at one o'clock. 

Mr. J. J. WEIGHT. While I am as deeply interested in the question 
of the division of Pickens District as any other man in the house, I am 
opposed to any legislation in this body, except such as is required by the 
exigencies of the time. We have been sent here for a specific purpose, 
namely, to form a ConstituJ;ion for South Carolina, and we should leave 
to the Legislature the settlement of all questions as that which is pend- 
ing at this moment. 1, therefore, hope the resohition will be voted down 
at once. 

The question being taken on the postponement of the Special Order, 
it was not agreed to. 

Mr. WILLIAM J. McKINLAY. If we are here to legislate at all, I 
think the majority should be consulted. We do not know whether the 
majority favor the division of Pickens District. All that we know is, 
that certain persons are appointed Special Commissioners to select a 
proper site. 

Mr. J. M. ALLEN. We have a petition signed by nearly all the 
prominent citizens of Pickens District. 

Mr. F. L. CARDOZO. I desire to direct the attention of the Conven- 
tion to one view of this subject not advanced by any gentleman I have 
heard. Jt is this : a number of gentlemen have questioned the legality 
of this Convention to enter into any such matters at all. I regard the 
Legislature as the only proper body to consider these questions. If we 
divide Pickens, we shall be inundated with petitions from a dozen or 
more Districts. Our Constitution may be defeated solely on that ground. 
Let us keep free from all doubtful questions, the Constitution we frame, 
so as to make it as unobjectionable as possible. Let us do nothing to 
incur the opposition or displeasure of any person of this State. 

Mr. W. J. WHIPPER. I again move that the Special Order be dis- 
charged. 

Mr. F. J. MOSES, Jr. I move to amend by discharging the Special 



I©4 PROCEEDINGS OF THE 

Order and mating it the Special Order for Monday next at one o'clock, 
which was agreed to. 

The next Special Order of the day was the petition to G-eneral Canby 
for the stay of all executions on debts contracted prior to the 80th of 
June, 1865. 

Mr. N. G. PAEKE R moved to amend the resolution by inserting after 
the words " 80th June, 1865," the words, " except wages of laborers or 
liens on the crops to secure advances made by factors or others." 

Mr. PAEKEE said : 

Mr. President : Before the vote is taken upon this resolution, 1 
desire to define my position upon it. I desire to accomplish all that 
it is possible for this Convention to do, to relieve the people of South 
Carolina from the terrible distress which they are now suffering, and the 
danger that threatens them. My sympathies lead me to wish that we, 
as a Convention, had more power and authority to relieve them than are 
delegated to us. Eesolutions providing various measures of relief have 
been presented to this Convention, and referred to appropriate Commit- 
tees. They have not yet been discussed. In due time they will be re- 
reported back to this body, and will be discussed, and, in all probability, 
some of them, i.r part of them, will be adopted as a portion of the Con- 
stitution of this State. 

While, sir, a resolution declaring null and void all contracts where 
slaves were the consideration, yet remains to be disposed of, shall we 
refuse to ask General Canby to suspend the collection of debts for a 
period of three months, and thus set quietly by and see the processes of 
collection go on daily, when slaves were the consideration? 

If, sir, we contemplate the adoption of the Ordinance just alluded to, 
and adopt it as a portion of the Constitution of South Carolina, are we 
willing to let this matter rest until we shall have done so ? It seems to 
me, sir, that we should be acting like school boys to do so. Perhaps, 
sir, we shall not adopt any measure whatever of relief, what then? The 
collections will only have been suspended for three months, provided 
General Canby complys with our request. It is a short time ; no great 
harm can be done by this act. 

But, sir, the desire to defeat the resolution does not seem to stop here. 
We have a right to presume, sir, that those who oppose this resolution, 
oppose any measure of relief to the State. If this is the fact, it might as 
well be fought out now as at any other subsequent time, and if this reso- 
lution is lost, give up the attempt to pass any whatever. Contracts for 
slaves, war debts, homesteads, and all. 

In advocating this measure, I am aware that I may be charged b}' 
some with possessing more sympathy than judgment ; but, sir, I would 
rather be subjected to that charge than to be accused of a lack of human 
sympathy. I thank God that ihe milk of human kindness forms a large 
part of the material of which I am composed, and my life long devoti; n 
to the interests of the down- trodden and oppressed, cannot be questioned. 
I desire the prosperity of this State, the whole State, not a part of it : 



CONSTITUTION AL CONVENTION. 105 

the people of this State, the whole people, not a portion of tliem, and 1 
undertake to say that no portion of them can prosper at the expense of 
any other portion. ' 

To relieve the present suffering debtor, in my opinion, is to relieve 
those also who do not owe debts or own property, but who are depend- 
ent upon those persons who do own property, for the employment which 
■enables them to earn their bread. 

I sincerely hope this measure will pass. 

Mr. C. C. BOWEN moved to amend the resolution by substituting- " all 
debts contracted previous to 1st of January, 1868, for "30th June, 
1865." 

Mr. E. B. ELLIOTT rnoved to amend by inserting " prior to the 
passage of this Ordinance." 

Mr. B. F. WHIT TEMOEE moved to lay the amendment on the table. 

The PRESIDENT stated that laying the amendment on the table 
carried with it the whole subject matter. 

Mr. B. F. WHITTEMORE moved to strike out the time and insert 
*' up to the reception of this petition by General Canby." 

Mr. B. 0. DUNCAN. The animus of these amendments are clearly 
to be seen. It is an attempt of the party that were fillibustering yes- 
terday to kill a measure absolutely essential to the welfare of the people 
of the State and the success of the party. The basis upon which that 
resolution was made, was the changed relations since the close of the 
war, and the changed relations on which funds were based. If we 
include all debts contracted since the close of the war, we ignore the 
intent and meaning of the resolution. I am opposed to any amendments 
upon this question. 

Mr. R. C. DeLA.RGE called for the previous question, which was 
agreed to. 

A number of delegates rose to ask for inforiHation and the reading 
of the Ordinance, when Mr. WHITTEMORE moved a reconsideration, 
which was agreed to. 

Mr. T. J. ROBERTSON. Mr. President, the gentlemen who have 
spoken on this subject have frequently alluded to the impoverished con- 
dition of the country; I wish to ask them who brought it about : it was 
certainly not the poor man, or the loyal man ; it was those who claim to 
have all the wisdom, intelligence and wealth of the country. These are 
now the very men clamoring for stay laws and homesteads. I venture the 
assertion right here, and do not believe it can be successfully contradicted, 
that any man who only pays his debts at the end of the law, was ever 
known to pay them when he could evade them by taking shelter under the 
protection of a stay law. I liave seen and known the most ruinous con- 



106 PROCEEDINGS OF THE" 

sequences follow tlie passage of the stay law of 1861. Parties I know 
who were deeply in debt at that time, who never did pay or tried to pay^. 
but who were pressed for payment, were suddenly relieved by the pas- 
sage of that law, and have nover since, to my knowledge, paid any of 
their just obligations-, and these very parties, who are now in posses- 
sion of large tracts of land, are the strongest advocates of stay laws ; yet 
these same parties cry out that they cannot live in this country with col- 
ored men, and proclaim a war of races inevitable. The principal and 
largest debtors in this State are those who staked their all on secession. 
Many of them could have discharged their obligations during the war, or' 
at its close, from the proceeds of cotton in their possession at that time,, 
and for which thej realized between forty and fifty cents per pound, but 
they do not want to pay, and intend never to do so as long as they have- 
unconstitutional laws under which tbey may claim protection. The first 
stay law was passed on the 21st of December, 1861 — this was continued 
in force until the end of the war. By an Act of the General Assembly^ 
passed December 21st, 1865, the stay law was again continued in force 
for one year longer. This was followed by the celebrated stay law of 
General Sickles, known as Order No. 10, which expii^es on the llf;h of 
April, 186cS, as yet nearly three months off. The United States Govern- 
ment not having passed any stay law, a creditor in this State can sell 
and transfer his claims to a citizen of another State, and this latter party 
can immediately institute an action in the United States Court against 
the debtor. 

This creates a distinction between the citizens of the several States, 
coBstituting this great and glorious republic. The stay law, too, is in 
direct violation of the Constitution of the United States, which says, "no 
State shall pass any law impairing the obligation of contract." A 
stay law, therefore, is not only unconstitutional, but in my opinion, cal- 
culated to unsettle business, and keep our people in a constant state of 
confusion and turmoil. I for one am willing to see the property of the 
country, if necessary, change hands, and if lands are sold cheap, so much 
the better for working men. It will enable poor men to provide them- 
selves with a home, and identify each one more closely with the soil. I 
am in favor of a liberal homestead law which can injure no one. If, for 
instance, a man owns one hundred acres of laud, I would exempt forty 
acres for a homestead. He then has sixty upon which he may obtain 
credit, or so to speak, he may bunk upon it. Forty acres I consider 
sufficient to support a family, however large it may be. But would it be 
right and proper for this Convention, or a future Legislature, to exempt 
from levy and sale the balance of the one hundred acres on which a 
person may have obtained credit, and thus destroy the right of the credi- 



CONSTITUTIONAL CONVENTION. 101 

tor, 'besides impairing the obligations of contracts. The Court of Errors, 
the highest judicial tribunal in this 8tate, wherein was assembled th« 
intellig-ence, wisdom and learning of the whole bench, decided with but 
■one dissenting voice, that stay laws are unconstitutional and in direct 
•conflict with the Constitution of the State and the Constitution of the 
TJnited States. Under the reconstruction laws of Congress, passed March 
2d, 1807, I contend we have no right to pass any law or resolution of 
the character proposed. The men asking rehef, with but few exceptions, 
are those who do not recognize the validity of the Reconstruction Acts of 
Congress, and who refused to vote at the election for delegates to this 
Convention. Some of them call this Convention a menagerie, a collec- 
tion of wild animals. Is this menagerie to protect their property at the 
expense of the loyal citizens, and tlje working men of the country, or are 
we to obey the laws which recognize no such measures ? The resolu- 
tion before us only asks a .stay of three months, and what does that 
mean ? They will then bring it up before the Legislature and ask for 
it to be extended until fall, to allow the crop to be made and gathered, 
and theit the price of cotton not being high enough to suit their views, 
they will clamor for its continuance, and there will be no end to it. A 
stay law has been in operation for more than six years, and gentlemen 
ask for more time. 1 see no disposition on the part of the creditors 
of this State to oppress the debtors, where the7 are making the least 
eflbrt to di."- charge their obligations. Stay laws are the legitimate ofi- 
spring of secession and rebellion, and are we, who claim to be loyal, to 
continue to foster and cherish that ofi'spring ? Let them take the fate of 
their alma mater. In what I have said, there may have been some ex- 
pressions which would appear harsh to some of my unreconstructed 
friends, but I can truly say I entertain no unkind feelings to any oppo- 
nent for his political opinions. 

Mr. R. H. CAIN. Thii; question is one that certainly afl'ects the poor 
man as well as the rich. 1 did not intend to obtrude my thoughts upon 
the Convention were it not I believe that at this stage of our proceed- 
ings, when bills or propositions fraught with so much interest to the 
country and the State are brought up, there should be a frank expres- 
vsion of the views of the members. I am in favor of relief, but I wish to 
review the modus operandi, in which it is to be given. The rich man 
has suffered greatly in the breaking up of ail the relations that have 
heretofore existed, but I think the poor man has suffered a great deal 
more. I have several reasons which I propose to give, to show why I 
am opposed to the passage of the resolution introduced by the member 
from Sumter, (Mr. F. J. MOSES, Jr.) My first reason for opposing the 



IO§ PEOCEEDINGS OF THE 

passage of this resolution is, that the Convention has been called for the 
purpose of framing a Constitution for the future government of the State^ 
and to that business I think we are legitimately committed, and ought 
to confine our operations. Second. Whatever Acts, Ordinances or Reso- 
lutions it may pass are inoperative, so far as their bearings are concerned, 
on the immediate execution of existing laws, and, therefore, we should 
be careful, as well as reasonable, in the presentation of these resolutions. 
I believe no act, so far as it relates to the immediate relief of creditors 
and debtors, can affect the State so as to profit either. Another reason 
I would give i'*, that to ?uspend executions now pending, will be an act 
of injustice which ought not to be perpetrated, because these actions are 
brought by co-equal citizens, who are demanding their claims under the 
laws of the State, which laws apply to all such citizens who are parties 
to these suits and actions. If, therefore, we pass acts and make distinc- 
tions between citizens, what good can they affect. The right of one 
citizen in the State is as sacred as the other. The right of the poor man 
is equally as sacred to the Convention or to the Commanding General as 
the right of the rich man. The large landholders have been for years 
the recipients of all the benefits from these lands. They entered heart 
and soul into all acts of rebellion. They have made their money ; they 
have amplified their domains by virtue of speculations in lands. They 
are that very class of men who have been standing out against the gov- 
ernment, against the Constitution. Men who have endeavored to thwart 
the existence of this Convention, who have been laying schemes ever 
since the first Reconstruction Act of Congress passed for the ostensible 
purpose of defeating these Acts of Congress. These men have sacrified 
money and time to defeat the assembling of this Convention. Ought 
they not, therefore, be compelled to pay their honest debts. Their con- 
tracts were legitimate when made, and made with their mutual consent 
in good faith. That seems to me to be a very pertinent question. They 
should be kept and executed according to law. They made the contracts 
themselves. This Convention did not make them, neither did the mem- 
bers of the Convention help to make them. They run out into the great 
sea of speculation, they run the hazard of the die, and should take the 
consequences. We have been informed by one gentleman, that over two 
hundred thousand dollars worth of property is now involved, and we are 
informed by the gentleman from Sumter, that if no relief is given by the 
Convention, the hammer of the Sheriff will take away, in February, all 
the possessions of a large class of the people of the State. In answer to 
that, I refer to the order of the Commanding General of the Department, 
who has made ample provisions to meet all contingencies. 



CONSTITUTIONAL CONVENTION. 

(Mr. CAIN here read General Canby's Order.) The Commanding 
General has certainly secured the poor man upon the plantation, and in 
consideration of that fact, I think it unnecessary for this Convention to 
make any further application to him. He has been adequate to the task, 
and seems to have grasped hold of this great question with consummate 
statesmanship. I am prepared to trust him still. The men who desire 
this relief were foreshadowed on the stage where a certain party came to 
make their lofty tumbling, and would have made that loity flight if it 
could have been made with safety. The same party came -with the pro- 
fessed cry of homesteads for the poor man, but just behind the veil 
is the charmer asking all the law and all the rights for the rich man. The 
gentleman who addressed the Convention a few nights ago took the ground 
that something must be done. I wish to show the consistency of this 
class of men. There is a class of men who denominate this Conven- 
tion the "ring- streaked and speckled," like Jacob's cattle. That class, 
including some of the great minds of the State, have been opposed to 
the assembling of this Convention, and opposed to every man here. 
Some thinking it rather possible it might succeed, have run the hazzard 
of the die, have thought it best to get into the boat, and try to paddle it 
on their side. Are the men who opposed the General Government in its 
efforts to restore these States to the Unioa on the basis of Republican 
liberty, who have opposed all measures passed by Congress, have refused 
to vote when they could vote, who counsel "masterly inactivity"' to their 
followers — are these men to be clothed with all the powers necessary to 
save their property from the law ? They did not, nor do they now, recog- 
nize the validity, of this body. Shall we, therefore, in the capacity of a 
Convention, however hybrid it may be, act the part of hybrids and fee 
and endow men, who do not recognize us at all, with the means of saving 
their property. Far be it from me to do aught that would impair the 
well being of every class of citizens. I am for the well being of the 
State, but I do not believe that in the passage of such an act the poor 
man will be benefitted. I believe it will result only to the benefit of 
those who have their largel broad acres, the rich and the luxurious, who 
once rode in their carriages, who made the war which has brought them 
to destruction. I do not believe these men care about the interest of the 
Convention only so far as their own interests are concerned. The Presi- 
dent had said in his opening address that for the first time in the history 
of the State, a Convention of the people was assembled. This being a 
Convention of the people, it is not a Convention for the benefit exclu- 
sively of that class of men who do not recognize the people. We should 
do justice to all the people. If a man owes a debt, let him pay it, and 

15 



110 peoceedi:ngs of the 

the poor man canBot be the worse off. It is possible that about twenty 
thousand in this State misrht be benefitted by the passage of the resolu- 
tion, but there were perhaps six or seven hundred thousand whose 
homes, by the order of the Commanding General, are jiist as secure with- 
out it. The orders of the Commanding General, he believed, would be 
sufficient until reconstruction is completed by thi> Convention, Until 
reconstruction is completed, the Commandiner General is supreme in this 
State ; until the machinery of civil government is in operation, until the 
State has voted lapon the Constitution, until Congress has passed upon 
that Constitution, the General Commanding is "monarch of all he sur- 
veys." With all due respect for the efforts of my friend from Sumter, 
and with all due respect for the best interests of the State. I believe the 
good of the people demands not the passing of this seeming stay law, be- 
cause then we shall open the door to emigration. If we pass this resolu- 
tion, the large landholders will keep the lands iu their hands. If they 
are obliged to sell their lands, the poor man will have a chance to 
buy. If we want to see this State blossom like the garden of Eden, if 
we want to see prosperity at once spring up in our land, if we want to see 
commerce flourish, if we want to see emigration from the East, West, 
North and South, let us make this State the garden State. If we 
want to made this State a power, if we want to make it great, gTand and 
glorious, let us begin by doing equal and exact justice to all men. 
On motion, the Convention then adjourned. 



Friday, January 24, 1H68. 

The Convention assembled at 1- M., and was called 1o order by the 
PEESIDENT. 

Prayer was offered by Eev. W. C. SMITH. 

The roll was called, and a quorum answering to their names, the 
PEESIDENT announced the Convention ready to proceed to business. 

The Journal was read and approved. 

The PPtESIDENT announced that he had appointed Mr. J. Hume 
Simons Heading Clerk. 

The PEESIDENT read the following commuuication from General 

Scott : 



CONSTITUTIONAL CONVENTION. HI 

Headquarters Assistant Commissioner"] 

Bureau R. F. and A. L., ! 

Charleston, S. C, District South Carolina, [ 

January 23, 1868. J 
Hon. A. G. Mackey, President Sou^k Carolina Constiltitional Conven- 
tion, Char lest on, S. C : 
Sir : — I have the honor to transmit for your consideration, and for the 
action of the Convention over which you have the honor to preside, (if 
in you [• judgment it may seem best to lay the matter before it,) the en- 
closed letter. 

It is one of many nomplaints which I have received during the past 
few weeks, and as the condition of affairs described therein arises from 
what appears to be a gradually growing sentiment on the part of the freed 
people throughout tlie State, I think an expression of some kind from 
the Convention, in the form of a resolution, announcing the sense of the 
Convention on the subject, would be productive of most beneficial 
results. 

The sooner that such ideas as those held by the freed people upon the 
plantation of Mr. Irving are eradicated, the better it will be for both 
planter and laborer. 

I would also respectfully suggest that such an expre.'^sion as I have 
alluded to, on the part of the Convention, would do more than any act 
of the military authorities, or myself, to disabuse the minds of the peo- 
ple of the idea that the Convention has lands at its disposal for distri- 
bution. 

I have the honor to be, very respectfully, your obedient servant, 
(Signed) R. K. bCOTT, 

Brevet Major-General, Assistant Commissioner. 

Kensington, Eastern Branch of Cooper River, ) 

January 14, 1868. ^ 
Captain F. W. Leidtke : 

Dear Sir : — A condition of things has arisen on this plantation among 
the freedmen which it is necessary to inform you of at once, and to 
request that you will communicate with me at once upon the 
subject I have offered General Scott's contract to the people on the 
plantation for their acceptance, but was answered with a flat refusal to 
make any contract at all. They went on to say that they would work 
the lands, but until something was decided in their favor by the sitting 
of the (Convention, they would not sign any agreement or make any 
terms with me whatsoever. Now this is like taking possession of my lands 
out and out, and I am not disposed to submit without every effort to 
establish my authority over what I consider my own property. 

I am not disposed to be harsh in my measures, believing as I do that 
all this is the result of false teaching, but simply wish that you would 
advise me as the proper method to pursue, either compel them to sign 
this contract of General Scott's, or to quit my premises at once, so that I 
may have a chance of procuring other labor before itis too late. I have 
given these people full warning that if they insist upon working my 



lia PROCEEDINGS OF THE 

lands without a contract, they do it at their own risk, and I am not bound 
now to contract with any of them against my will or recognize their 
work in any way. If my plantation afi'airs are to await the deliberations 
of the Convention, you will readily perceive the necessity of immediate 
action in order to disabuse their minds of the prevailing idea that some- 
thing is to be done for their especial benefit by the Convention. 

You will oblige me by sending a reply to this at once through Oakley 
Postoffice, Northeastern Eail Boad. 

Respectfully yours, 

S. EMELIUS lEVING. 

The communication was laid upon the table until the disposal of the 
unfinished business. 

Mr. R. C DeLAEGE moved that the Convention go into Committee 
of the Whole, which was agreed to. 

Mr. LEMUEL BOOZER, of Lexington, took the Chair. 

The consideration of the resolution to request General Canby to sus- 
pend all debts contracted prior to the 30th June, 1865, was resumed. 

Mr. L. 8. LANG LEV moved to add after the words "excepting wages 
for laborers'' the words "and mechanics." 

Mr. E. J. MOSES, Jr. accepted the amendment. 

Mr. R. C. DeLARGE obtained the floor. I had not intended to speak, 
Mr. President, upon this subject, but finding those who, acting fiom pure- 
ly personal motives, are interested in the defeat of the measure from no 
higher object than that of filling their own coffers, who get up and raise 
objections to such a measure in face of the impoverished condition of the 
people of the State standing in need of relief. I feel that duty to myself 
and my constituents require I should not remain silent. If they had 
been content to go no further than in Convention, I might have been in- 
duced to keep quiet. But when members go outside the Convention, 
and use threats to intimidate others, I for one will let them and their 
satellites see that there is one member who will not be intimidated by 
their threats. 

Mr. T. J. ROBERTSON rose, and said if the gentleman had any 
reference to him he would pronoundfe the charge false. 

Mr. DeLARGE disclaimed any referenpe to the honorable gentleman. 
It has beeL said in opposition to this measure that the proposed legisla- 
tion was for a certain class. If I did not feel that some of the gentlemen 
have allowed their zeal to get beyond their judgment, I would be tempted 
to believe they did not know of what they were speaking. That the 
resolution as first presented to the Convention had the appearance of a 
class measure I will not attempt to deny, but after the adoption and in- 
corporation of the amendment offered by the member from Darlington, 



CONSTITUTIONAL CONVENTION. 113 

(Mr. WHITTEMOEE,) with the original resolution, no gentleman can 
conscientiously rise and argue that the proposed measure is for the 
"benefit of any specific class. I hold in my hand letters from almost 
evefy section of the State, addressed to members of the Convention cry- 
ing out for relief. These letters depict, in strong language, the impov- 
erished condition of the people, and demand that something shall be 
done to relieve them in their present condition. I deny in toto that this 
is a piece of class legislation, and I believe nothing but the zeal of the 
members who spote yesterday induced them to speak of it as 3uch. It 
is simply a request to General Canby to relieve the necessities of a large 
part of the people of the State. Some raembers had gone further, and 
attempted to prove it was a scheme to keep the freedmen from becoming 
purchasers and owners of land. I claim to be as miich interested in the 
welfare of my race as any member upon the floor, and I think my claim 
will be substantiated by that race much more than the claims of gentle- 
men having thousands of dollars upon the issue, and who desire to 
defeat the measure for the benefit of their private coffers. 

Mr. R. J. DONA.LDSON called the gentleman to order for introducing 
personalities into the debate. 

The CHAIR decided the point of order not well taken. 

Mr. DeLARGE continued : It has been argued that the execution of 
'the laws compelling the sale of the lands will benefit the poor man by 
affording him an opportunity to get possession of the landvS. That 
argument I am confident cannot be sustained. Ii they are sold, 
they will be sold at public sales, and sold in immense tracts, just 
as they are at present. They will pass into the hands of the mer- 
ciless speculator, who will never allow a poor man to get an inch 
unless he can draw his life blood from him in return. The poor freed- 
men are the poorest of the poor, and unprepared to purchase lands. The 
poor whites are not in a condition to purchase land. The facts are, the 
poor class are clamoring, and their voices have been raised far beyond 
the limits of South Carolina, away to the seat of government, appealing 
for assistance and relief from actual starvation. If this measure was 
intended for only one class of men, I would be the first to reise my 
voice agains^t it. I know I am on the unpopular side of the question, 
but I am willing, and hope others are, to sacrifice any mere personal 
popularity, personal friends, or even the friendship of relatives, for the 
welfare of the whole people of South Carolina. I trust you will by no 
action of yours allow the voice of the impoverished people of the State 
asking relief to pass by unheeded. I have been astonished to witness 
the unchristian feeling exhibited durir.g the discussion. Even admit- 



114 PROCEEDINGS OF THE 

ting, for the sake of argument, that the passage of thip resolution is to 
benefit only those who have been in arms against the Grovernment, who 
have done everything to oppress my race; admitting this measure to> 
benefit them only, a position which I deny, still the Word of God ex- 
teoids far bej;ond the littleness of man and says, "Do unto others as ye 
would that men should do unto you." I propose to do- it. Other gen- 
tlemen, with perhaps more claim to Christianity than I have, and who' 
would be expected to bring forward these doctrines of Almighty God, 
have thought fit to differ. I would like to ask if there is a member 
so dull to the commonest ideas of finance, so devoid of reason, as to 
believe that any further impoverishment of the rebel classes will result in 
any good to any set of people. I believe there are none. Fortunately 
for mankind the various grades of society and various classes are de- 
pendent upon each other. I deny that the class of people who warred 
against the Government are the only ones to be benefitted. It is 
well known that the planters in the low country have much larger 
tracts of land than those in the up country. In the up country 
the land is more generally divided into small farms, ranging from one 
hundred to three hundred acres, and if it was not already known, it 
should be known, that the class of men, both white and black, in thos(> 
upper districts possessing small farms, are most loyal to the Govern- 
ment. Some were forced into the Confederate army, and many driven 
into the mountains and swamps of the State for protection, and while 
these men, who were conscripted, persecuted or driven from their homes, 
were away, their families were compelled to get provisions to sustain life 
from the very class of men who are now trying to enforce these execu- 
tions. I do not believe there is a member upon the floor who would 
give his verdict in favor of punishing this class simply because he might 
fail of an opportunity to punish some who deserve it. It has also been 
said that while there is a large class of debtors, there was an equal 
number of creditors. No business man would attempt to make such an 
assertion. Again, it was said it is unconstitutional for this Convention 
to legislate ; but this is not legislation. It is simply a request to the 
party that has the power to suspend the enforcement of these executions. 
It is not intended to repudiate debts or to defraud creditors. To show 
how property has been sacrificed under the Sheriff's hammer, permit me 
to relate an instance of very recent occurrence. One of the Secretaries 
of this Convention ovned a three story brick house, which was sold 
under a forced execution. In ordinary times it would have brought at 
least $4,000. It was sold by the Sheriff for the paltry sum of $750. He 
felt that it was incumbent upon them to do all they couM to relieve the 



1C0NSTITUTI0NAL CONVENTION. 115 

sifferings of their fellow- men. I know members have attempted to 
persuade others that if they voted in favor of this resolution for staying 
executions for debts for three months, they give the debtor an opportunity 
■of defrauding his creditor. There were none, however, so ignorant as to 
believe that the staying of the collection of a debt prevents the creditor 
from going before the court, obtaining a judgment or decree and placing 
it in the hards of an officer of the law. Then if the debtor attempts 
any fraud, the creditor may have the execution enforced, and I feel con- 
fident that those interested will take good care to see they are not 
■defrauded. 

But what is our duty ^ Is there a man upon this floor who does not 
feel it encumbent upon him to do every thing possible to relieve the suf- 
ferings of his fellow men. Coming, as the members do, from every 
portion of the State, they should be cognizant of the condition of their 
people. I am myself aware of the unfortunate condition of the people in 
the various upper and middle Districts of the State, and I say, without 
lear of contradiction, that the men to be relieved by this proposed meas- 
ure are more loyal than most of their creditors. While I doubt the 
constitutionality of the stay law, I believe the voice of the Convention 
will be heard by the Commanding General, and acted upon. Already 
there are scattered throughout this State a heartless class of speculators, 
with no interest in the State but that of purchasing these lands at an 
enormous sacrifice. They do not propose to invest capital in their culti- 
vation, but to keep them until they can demand an exorbitant price. If 
a wise scheme of taxation is adopted hereafter, none of the present own- 
ers will find it profitable to keep any more than he can well cultivate, 
and the result will be, the poor whites and the poor freedmen will, after 
they have succeeded in raising a crop, be able to buy these lands as they 
are thrown into the markets. I am here in defence of no class of men. 
I love my country, love my native State, love the entire people of my 
native State ; love my race, and the adoption of this measure I feel, will 
redound to the interest of my race. The defeat of this measure may lead 
to the defeat of the ratification of the Constitution framed by this Con- 
vention. I feel that the defeat of this measure will be the defeat of the 
people with whom I am allied and identified. 

Mr. F. L. CAEDQZO said. In discussing this measure, I would say 
to the gentleman who preceded me, and those who will follow, that they 
will accomplish their object much sooner and with much more satisfac- 
tion by not impugning the motives of those with whom they diiier. The 
gentleman who spoke last, made gratuitous assumptions and ascribed 
mercenary motives, that were it not for personal friendship, might be 



116 PEOOEEDIJSTGS OF THE 

retorted upon him with perhaps worse eflPect than he made them. He 
asserted that the jjentf emen who opposed him, opposed his race. I intend 
to show that his race is not at all connected with the matter. In giving 
my view of the measure, I shall not resort to mere declamations or ap- 
peals to passion or prejudice. In the first place, I doubt its legality. It 
is true, it is said the Convention does not propose to legislate, but I con- 
tend that a request from this body carries a certain moral influence. It 
shows what it would do if it had the power. It is virtually legislation. 
I regard any stay law as unjust and unconstitutional. It is unjust to 
the creditors. Let every man who contracts a debt, pay it. If he is an 
honest man he will pay his debts at any sacrifice. In our country it is 
unfortunate, as Americans, that we have a character by no means envia- 
ble as repudiators. Look at the attempt to repudiate the national debt. 
As an American, I protest against any further repudiation whatever, 
either in the form of a stay law or illegal legislation. I deem it inappro- 
priate for us to touch the matter at all. We are sent here to form a 
Constitution. To travel outside of our proper province, will probably be to 
incur odium, displeasure and dissatisfaction. I wish to confine the action 
of this Convention to its proper sphere. The first question that arises 
is, what claim have these debtors on our sympathies more than creditors ? 
Are the debtors greater in number than creditors ? If we legislate in 
favor of any, will it be doing the greatest good to the greatest number '? 
I maintain it will not. It is a class measure. This will be but the be- 
ginning. We will be burdened with applications, and the burden will 
be upon those who introduced this measure, not upon those who refused 
to legislate for other special favorite classes. I ask not only what are 
the claims of the debtors, but also what are the nature of these sales ? 
Was it the transfer of real estate ? I think every one here will say no. 
Nine-tenths of the debts were contracted for the sale of slaves. I do 
not wish we should go one inch out of the way to legislate either for the 
buyer or seller. They dealt in that kind of property, they knew its pre- 
carious tenure, and, therefore, let them suffer. When the war com- 
menced every rebel sold their property to give money to a common 
cause. And their slaves were sold for the same object, to maintain a 
war waged for the purpose of perpetually enslaving a people. That was 
the object. The ladies of the South stripped themselves of their jewels, 
and the men sold their lands and their slaves for that object. Now, let 
them suffer for it. As the gentleman from Charleston very ably said, 
" they have cast the die, let them take the chances." 

There is also another reason, and one of the strongest, why the Con- 
vention should not take any action on the subject, but postpone it 



CONSHTUTIOIN'AL CONVENTION. 11'/ 

indefinitely. Ouo of the gi-eatest bulwarks of slavery was the infernal 
plantation system, one man owning his thousand, another his twenty, 
and another fifty thousand acres of land. This is the only way by which 
we will break up th.it system, and T maintain that our freedom will be 
of no effect if we alUcv it to continue. What is the main cause of the 
prosperity of the North. It is because every man has his own farm and 
is free and independent Let the lands oi the South be similarly 
divided. 1 would not say for one moment they should be confiscated, 
but if sold to maintain lhe war, now that slavery is destroyed, let the 
plantation system go with it. We will never have true freedom until 
we abolish the system of agriculture which existed iu the Southern States. 
It is usele.-K to have any schools while we maintain this stronghold of 
slavery as tlie agricultural syotem of the country. The gentleman has 
said that if these plantations were sold now, they would pass into the 
hands of a few mercenary speculators. I deny it, and challenge a single 
proof to sustain the assertion. On the contrary I challenge proof to 
show that if the plantations are not sold, the old plantation masters will 
part with tliem. If they are sold, though a few mercenary speculators 
may purchase some, the chances are that the colored man and the poor 
man would be the purchasers. I will prove this, noi by mere assertion, 
but by facts. About one hundred poor colored men of Charleston met 
together and formed themselves into a Charleston Land Company. They 
subscribed for a number of shares at $10 per share, one dollar payable 
monthly. They have been meeting lor a year. Yesterday they pur- 
chased 600 acres of land for $6,600 that would have sold for $25,000 or 
$50,000 in better times. They would not have been able to buy it had 
not the owner through necessity been compelled to sell. This is only 
one instance of thousands of others that have occurred iu this city and 
State. I lo(jk upon it, therefore, as the natural result of the war that this 
system of large plantations, of no service to the owner or anybody else, 
should be abolished. 

I think Providence has not only smiled upon every effort for abolish- 
ing- this hideous iorm of slavery, but that since the war it has given 
unmistakeable signs of disapprobation wherever continued, by blasting 
the cotton crops in that part of the country. Men are now beginning 
not to plant cotton but grain for food, and in doing so they are establish- 
ing s system of small farms, by which not only my race, but the poor 
whites and ninety-nine hundredths of the other thousands will be bene- 
fitted. The real benefit from this legislation would inure to not more 
thai! thirty thousand landholders against the seven hundred thousand 
poor people of the State. If we are to legislate in favor of a class at 
16 



118 PROCEEDINGS OF THE 

all, any honest man, any man who has the interest of the people at 
heart will legislate in favor of the greater number. In speaking against 
the landholders, and in taking this position I do not cherish one feehng 
of enmity against them as a class or individuals. But this question 
takee a larger range, and is one in which the whole country is involved. 
I can never sacrifice the interests of nine or ten millions to the interests 
of three hundred thousand, more especially when the three hundred 
thousand initiated the war and were the very ones who established an 
infernal negro code, and want to keep their lands until better times. 
They do not want that a nigger or a Yankee shall ever own a foot of 
their land. Now is the time to take the advantage. Give them an 
opportunity, breathing time, and they will reorganize the same old sys- 
tem they had before the war. I say, then, just as General Grant said 
when he had Lee hemmed in around Petersburg, now is the time to 
strike, and in doing so we will strike for our people and posterity, and 
the truest interest of our country. 

Mr. B. 0. DUNCAN, of Newberry, said: 

Mr. President : I undertake to defend this measure of relief — not in 
the form in which it now stands, but as it was originally introduced — as 
one pre-eminently wise, just and humane. I shall make no appeals to 
passions or prejudice. I shall make no attempt to veil the truth. But I 
shall endeavor to bring it to light where it has been obscured by others. 
I shall endeavor to prove by argument that the position we have taken is 
right, and I wish my arguments to be judged only in the light of reason. 
Hoping for the attention of the Convention, and for calm deliberation 
before decision, I will proceed at once to the question before us. 

The propriety of the petition to General Canby instead of an ordinance 
I regard as undoubted. There is no doubt of his authority in the case ; 
and by the petition we recognize that authority more fully than if we 
were to pass an ordinance that we could not enforce without the assist- 
ance of the military authorities. We cannot, of course, know whether 
General Canby will accede to our request or not. But we know that 
General Meade has put in force the relief measures enacted by the Con- 
ventions of Georgia and Alabama. We know that General Hancock has 
denied the Convention of Louisiana jurisdiction in the case. If we 
judge General Canby by comparison with Generals Meade and Hancock, 
we may reasonably suppose that he will readily comply with a petition 
from this Convention for relief to the people of liie State. 

The legality in the case was first settled by General Sickles in his 
famous order No. 10, and on the 31st of December last by General 
Canby, in his order modifying order No. 10 of Sickles. And here let me 



CONSTITUTIONAL CONVENTION. 119 

say in reply to the gentleman from Columbia, Avho stated that the order 
of General Sickles would not expire lor nearly three months, that, so far 
as relates to the stay of executions, it has been out since the Slst of 
December, when General Canby's order took its place. I know not if 
this was ignorance of the gentleman, or if it was an attempt to veil the 
truth. So much, Mr. President, on the propriety of asking General 
Canby to give us temporary relief. 

And now, wir, I will proceed in the attempt to show that measures of 
relief are required by justice. Were the terms justice and law synony- 
mous, as in some countries I might mention, where they are very much 
nearer it in fact than in our own, the point of law upon which the gen- 
tleman dwelt so long and persistently would be much stronger than it is. 
But here, unfortunately, we have had laws in all times past which 
ignored justice, and were made only for a class ; laws before which the 
poor man and the slave had no chance to obtain justice; laws that have 
ever furnished a cloak for the most glaring and monstrous acts of injus- 
tice. .\.nd yet these are the laws that are now appealed to by the gen- 
tleman in the name of justice. 

Let us test the justice of measures of relief by a few examples. Sup- 
pose I sold my neighbor in 1859 or '60, 500 acres of land at $20 per 
acre. This was a very ordinary price at that time. The debt was 
$10,000. The war come on and the rebel government took from the 
people the power to pay this debt with rebel money. Now the debt 
would amount to $16,000 or $17,000, and the land would probably bring 
from $250-500. This pitiful sum would scarcely pay the bills of the 
lawyers and SheriiFs. The creditor is no better off and the debtor is 
ruined. Again, the case of a town lot with dwelling worth $5,000. The 
owner owes probably a few store accounts, in all say $7-800. The war 
breaks out and the debts have to stand over. Now his house and lot 
under the Sheriff's hammer would bring probably $3-400. Who is the 
gainer ? Not the creditor who gets scarcely anything. Not the debtor 
who is ruined. But only the lawyer, the Sheriff and the speculator. No 
wonder that these classes are clamoring against reHef, and urging the 
necessity of obeying these unjust laws. Now how stands it with the 
banker compared with the owners of real estate '? A bank pays 5, 10, 
15 or 20 cents on the dollar as may be regarded the value of his paper. 
Why this discrimination in favor of banks ? Why may not the owner of 
real estate have the same advantage from the change of circumstances ? 
Gentlemen, I tell you it is the principle of Shilock to attempt to make the 
debtor pay up in full the demands against him during and prior to the 
war. The Jew had the right by contract to demand the pound of flesh 



I20 PROCEEDINGS OF THE 

from nearest Antonio's heai't. But was it just for him to demand it ? 
As entirely just as it now is to ruiu thousands of famiUes for old debts 
contracted on an entirely difi'erent basis. 

Justice demands relief f jr all cLiSse^; of the people. But especially 
for the poor, both white and colored. I would like to hear an} one show 
by argument — not hy appeals to passion — how the p )or man, either 
white or colored is to be beaefitted by the ruin of the present real estate 
owners in South Carolina. Is there any one in this Convention so igno- 
rant of the condition of the freedmen and poor whites in the country as 
to imagine that one in a hundred would be able to buy land even if it 
were all to be sold? Or if they had the lands given them, wh^re would 
they find the means to .cultivate them ? 

Let us now consider for a moment what class of men would be benefit- 
ted by the ruin that is threatening the country. First are the lawyers. 
These were our former politicians. These are responsible for the unjust 
laws we have always had. These are responsible more than any other 
one class for secession and the ruin which has attended it. T.hese are 
the men who n')W cry out loudest against the legality of any measure of 
relief. These are the men who are looking for the lions' share in the 
general ruin, and they do not wish to see it escape them. There are a 
few honorable exceptions, and these, of course, are not included. Next 
come the SheriflFs, those executioners in times like the present of the pub- 
lic welfare. Then come the speculators. These are the men who in 
various ways have managed to save money in these hard times. Some 
bought cotton during the war with rebel money and have since sold it at 
a high price for gold. Some bought bonds and obligations of various 
kinds for almost nothing, and now dtmand pL:Tment in full. But the 
most numerous class in the country are such as have worked the freed- 
men since the war, and have in various wayn defrauded them of their 
wages. Some have sold theai provisions at such exorbitant prices as to 
consume their hire. Others have kept a few articles of merchandize, 
and sold out to the poor deluded freedmen at one, two, and three hun- 
dred per oent. These are the men who now have the means to buy in 
the lands sacrificed under the SheriflPs hammer ; and to these the freed- 
men will have to look in the future for homes and a subsistence. 

Without relief, the best class of men in the country will be ruined, 
and the lands and wealth of the country go into much more dangerous 
hands. The dishonest man you will leave untouched, for he will have 
conveyed away his titles, or have his business so smuggled up that the 
law cannot reach him. Only the man who is too honest to resort to such 
means will be reached and ruined. 



0(3NSTTTUTI0NAL CONVENTION. 141 

At tlie sartiB elm", the best class of freedmen who choose to live with 
Vionest men, who will deal fairly with them, will be temporarily, at least, 
thrown out of house and home, and the means of subsistence for their 
families. Thi>- Convention may do much for the poor and ignorant of 
the country. Let our Committee on Educatum be careful to int -oduce 
such a public school system a^ will enable the largest number possible 
to enjoy the benefits oi at least a primary education. In this direction, 
none will go farther than I. Let our Committee on the Judiciary frame 
such a measure as will secure to the laborer quick and cheap justice. 
Here, too, none will go farther than I. Let every means be taken by us 
as a body and individually to urge the necessity of habits of industry and 
economy. In this way we may do the laboring classes a great and per- 
manent good. But never by teaching them that their interests demand 
the ruin of honest and intelligent white m^n. Those who teach sui;h 
doctrines, directly or indirectly, are the worst enemies of the colored race 
and of humanity. It would be easy to prove by reference to the history 
of other countries that ■ wherever there has been antagonism between 
peasantry and nobility, or between laborers and capitalists, there has 
been no prosperity for either But where the relations are friendly be- 
tween these two classes, and just and wise laws secure impartial justice 
to all, there we find all prosperous and happy. Our duty is then clear. 
We are, foi- we<tl >/r for woe, the citizens of one common country. By 
promoting the prosperity of all, we promote our own. By ruining others, 
we ruin ourselves. We Are all Carolinians. Let it be our aim to do 
whatever will best promote the interest of Carolina. I heard a distin- 
guished gentleman of the opposition say a few days ago he was ashamed 
of being a South Carolinian. Gentlemen, I cannot call these ihe words 
of a patriot. Whatever may have been her faults, she is still our coun- 
try ; and instead of being ashamed of her, we should use every effort to 
raise her to a position of which any of her sons may bo proud. I heard 
the same gentleman say he had rather see reconstruction defeated, than 
that this Convention should pass any measures of relief. I regret ex- 
ceedingly that thp gentleman has so much personal inti^rest in this 
matter, as to make him prefer the defeat of the Repubiican party in this 
State, rather than that the people of the State should be afforded any 
relief. The gentleman could not have well considered what would be 
the consequences of the defeat of our party before reconstruction is au 
fait accompli. The colored race would assuredly be deprived of all po- 
litical rights fo'- an indefinite period, and the few whites, who have en- 
tered the party, would have to leave the country, or fall a prey to a set 
of outlaws called bushivhaclers. 



193f PROCEEDINGS OF THE 

It seems to me that we now have the very best opportunity afbrded 
us oi' forming a party regardless of race or color. Let us adopt 8ome< 
wise but moderate measures of relief, and thousands of fair minded 
honest m«n would join us, who have hitherto stood alo<'>f from want of 
confidence. Then we could henceforth control the State, in spite of all 
efibrts of disloyal men, aided and abetted by the Democratic party. But 
if we fail to do any thing for the relief of the people, I believe it will be 
exceedingly doubtful if we can carry any Constitution we may adopt. A 
sufficient number to defeat the work of this body of the best freedmen 
in the country will fail to see that the riiin of their employer is of any bene- 
fit to them. But let us do what justice, good policy and humanity alike 
demand, and wo secure our position beyond the reach of danger. 

A word on the subject of the legality of legislative measures on our 
part, and I have done. Neither the words of the reconstruction acts, 
nor the universal usage of Conventions, leaves any doubt in my mind on 
this subject. The reconstruction act gives us the power to '' frame a 
Constitution and civil government." Now, who ever heard of civil gov- 
ernment being framed without legislation ? But the gentleman from 
Richland, from some very strange cause, could only learn that we had 
power to " frame a Constitution." It is, I believe, the universal usage 
of Conventions to insert a clause continuing in force all existing laws 
that do not come in conflict with the work done by the Convention. This 
is, so to speak, re-enacting the entire previous legislation. And yet, 
gentlemen pretend to doubt our power to legislate. Mr. President, I am 
sure no one is more impressed than I am with the necessity of confining 
ourselves to the main work before us — that of framing a Constitution. 
But where the'jpublic welfare demands an act of legislation, I do not for 
a moment doubt our power to perform it. 

Mr. W. J. WHIPPEE said : Mr. President, since this matter has 
come up for discussion, I hope it will result in the adoption of the reso- 
lution. In the discussion of this subject, I was sorry that there should 
be anything like crimination or recrimination. I feel we can afford to 
discuss it frankly and fairly, for it is in discussions like these, where eye 
meets eye. and face meets face, that the evidence can be produced, and 
the facts elicited which will enable us to judge of the matter under con- 
sideration. To appeal to the prejudice of this body may answer the 
purposes of an attempt to defeat or carry temporarily the object, but 
such appeals have no permanent effect; and a people deceived, when they 
find they have been deceived, only think the less of the party that de- 
ceives them. Hence, the only object we have i» view, is to establish, by 
argument, that which is for the general good. I for one have no other 



CONSTITUTIONAL CONVENTION. I33 

^abject, no other purpose. With regard to the resolution upon which 
there has been so much said, it simply asks that the Commanding Gen- 
eral suspend, for a given time, certain executions that are to take effect 
on the 4th of next month. It has been stamped very ingeniously with 
the brand of a stay law — a law to which much odium in this country 
very naturally attaches. I shall not enter into a discussion of the con- 
stitutionality or unconstitutionality of a stay law, but I have simply to 
say this is not a stay law, it is a resolution by this body simply asking 
the Commanding General to stay certain executions now hkely to be 
enforced at a given time. This is all to which the body would commit 
itself. Why is it asked? It is asked simply so as to give to this Con- 
vention, or the body it may create, time to adopt a general measure of 
rehef, and to afford immediate reliel to certain parties that must neces- 
sarily be distressed by the threatened executions in February. Eight 
here I wish to reply to the gentleman from Charleston, (Rev. F. L. CAR- 
DOZO.) He remarks that nine tenths of the debts were contracted for 
slaves, and that the parties having purchased that kind of property, 
knowing its precarious tenure, ought to suffei . This sentiment was con- 
curred in by the gentleman who spoke yesterday, (Rev. R. H. CAIN.) 
I do not know but that this may be the true Christian feehng. It, how- 
ever, does not comport with my idea of Christianity, al chough I have 
not the honor of having put on the professional garb of the clerical 
gentleman. 

Rev. R. H. CAIN. I rise to a point of order; I wish to know 
whether or not we have Christianity under discussion. 

Mr. W. J. WHIPPER. If the gentlemen pays attention he will, 
probably, very soon discover what is under discussion without any as- 
sistance from the Chair. What I say is that the idea to which I have 
alluded has been concurred in by both the clerical gentlemen from 
Charleston. 

Rev. F. L. CARDOZO. As one of the gentlemen from Charleston 
who wear the clerical garb, I would like to ask the member speaking if 
he thinks it comports with the dignity of that garb to regard the seller 
of human flesh, or forgive the man that sells it? 

Mr. W. J. WHIPPER. The gentleman wishes to know if it would 
comport with the dignity of the clerical garb to forgive the seller of 
human flesh. I am not prepared to say, just how much dignity attaches 
to the clerical garb ; but I am prepared to say that it does comport with 
my idea of Christianity to foigive a man whenever I believe he is re- 
pentant. 



124 PROCEEDINGS OF THE 

Mr. L. S. LANGLEY. I wi-sli to kuow whetliei' the g\:;a'Cie(iian ha* 
thrown away all liis skep icisms. 

Mr. W. J. i;VHIPPER. That question is beiow the dignity of a mem- 
ber of thia body, and I will not deign to notice it. Wita regard to these 
debts being for slave property, that is one of the .strouJrest reasons why 
we should suspend, at least for the present, these executions, or why 
they should be suspended altogether. If certain pai'ties who dealt in 
human fiesh, men who brought slaves to this country, or men whose 
• province it was to sell slaves to the man who cultivated the land, who 
made their living and their fortunes from selling human flesh, have not 
succeede.I in obtaining their money, I am not one desirous or willing to 
assist them in obtaining it. But on the other hand, I am aniious they 
who held them should be reUeved, for the fact is, the thing for which 
the debt was contracted, has been relieved, and there was no property 
given in consideration of those debts. I am anxious that the innocent- ' 
should not suffer. It would only distress, in great part, the young or 
helpless women and children who had no control or hand in this business, 
who had nothing left but their homes, and who, if these executions are 
enforced, will be thrown out of doors upon the cold charities of the world. 
Taking the ground, then, that nine-tenths of theee debts are for what 
was termed slave property, that of itself should induce us to ask that the 
sales be suspended. The Convention has already before it an Ordinance 
setting aside all debts where the consideration was ior slaves, and when 
that measure comes up, we will be prepared to say whether it shall pass ; 
but until that question is decided, we may surely ask that judgments 
for slave property should be suspended. If an Ordinance of that kind 
is passed, why allow these creditors for slaves to go on selling and en- 
forcing tiie executions before the -fth of February ? Why not let them 
all wait until they knew just exactly what position the Convention will 
take with regard to that class of debts ? Why allow hundreds of people 
to be thrown out of doors who had no more to do with the buying and 
selling for which the debts were incurred, than the gentlemen from 
Charleston '? Many wives, daughters, and some who have been brought 
into existence tince have to suffer alike with the men who purchased 
slaves J ears ago- Does this idea of distressing innocent children, born 
since the debt was created, of distressing women and the young, who had 
nothing to do with the matter of compelling them to pay these debts, 
comport with the gentleman's idea of ciericai dignity ? Who is it to be 
paid to ? It is to be paid to the men who traded ail his life in slave 
property, who made their money by it, and who secured the passage of 
that odious fugitive slave law which enabled them to go North, hunt 



CONSTITUTIONAL CONVENTION. 125 

down freemen and Jaring them to South Carolina and sell them ; and if 
they have not been paid, the two gentlemen from Charleston wants to 
make these innocent people pay the debts thus created. 

Eev. F. L. CAEDOZO. I said it did not comport with the clerical 
dignity to regard the seller of human flesh, but whenever any person re- 
pents, it does comport with the clerical dignity to forgive. But I do not 
believe they have repented. 

Mr. W. J. WHIPPEE. The gentleman says he does not believe they 
have repented. I have not been able to ascertain what has been their 
action in this particular. I question very much whether he has ever 
seen oi knows a single man amongst those to be sold out at these exe- 
cutions. As I have stated already, I am not ready to assist any of those 
men who gathered up and sold the slaves throughout the Southern States, 
and those are the men to be benefitted by the recovery of those debts 
where the consideration was slave property. It might in some instances, 
too, have been the case where this identical property was stolen under 
the infamous law to which I have just alluded, and under that opinion, 
operations on the Southern mind, those parties got rid of their slaves. 
Now, after years have passed, to assist that class in recovering their 
property, certainly does not comport with my idea of Christianity. 

The opponents of the resolution have also labored hard and zealously 
by an appeal to the passions of the poor man, to show that this measure 
was against his interest, and that if adopted it would be against him. 
And this is one of the hobbies by which they propose to defeat this 
measure. I cannot see how or in what way the poor of South Carolina, 
white or black, were to be benefitted by the sale of lar^e landed estates 
at this time, at a time when, perhaps, there is not one man out of ten, 
who has the means of living comfortably, or able to raise a crop, while 
there are hundreds and thousands living only by aid obtained from 
charitable institutions and the assistance of the Government. This is 
the condition of affairs. It would be perfect folly to entertain the opinion 
that in the present miserable destitution of the South the poor people 
will become the owners of the vast tracts of land if thrown into the 
market. ' This land will become the property of Northern capitalists, 
many of them non-residents, speculators, who will be large land mono- 
polists. Should this course be adopted the total ruin of the State will be 
accomplished. 

Mr. L. S. LANGLEY. I would like to know whether the large land 
speculators have not always been willing to sell their lands at reasonable 
prices. 

Mr. WHIPPEE. With regard to the land monopoHst of the West, 
17 



126 proceedi:ngs of the 

I can answer from ten years experience that they have done more to 
retard the progress of the country than any other 'people. They go in 
whenever a site for a county town was presoribed, purchased all the 
land around, necessarily compelling the emigrant to buy from them ; and 
when the land rises in value, by the labor of the emigrant, they sell at 
enormous prices. Their object is to buy all the land around, where they 
suppose the land will rise in value by the labor of others. If that is the 
class of men wanted here as better calculated to deveflope the resources 
of the country, then they had better defeat the resolution, and invite 
them to these shores. 

Mr. L. S. LANGLEY. Do you consider twelve dollars per acre, for 
such land as is sold by these capitalists, an exorbitant price ? 

Mr. WHIPPEE. Land in Illinois, in the new portion of that coun- 
try, is sold by the Grovernment at $1.25 per acre. If a land speculator 
purchases it for $1.00, the emigrant who settles there, raises the value 
of the land by his labor, and i? compelled to pay $12.00 per acre. 

That is just what they propose to do here. While using their in- 
fluence to have this Convention defeat that resolution, they hope, on the 
4th day of February next, to purchase those acres of land, that oiust 
pass under the hammer of the auctioneer ; and knowing the labor is 
already here, that the people must cultivate the lands, and rent them for 
the purpose of obtaining the necessities of life, knowing that the land 
will in a very short time raise in value, and they will then be able to sell, 
they are zealous to see this measure opposed, and we should be equally 
zealous in our efforts to defeat them. 

Whenever ncm-residents of the State purchase large tracts of land, it 
is against the best interests of the State ; whenever owned by capitalists 
in New York, Boston or elsewhere ; whenever that state of things exist 
then are the prospects of the State blasted. The men who hold the land 
are wedded to it by all that endears a man to any portion of country. It 
is their home, the land of their birth, and all their dearest associations 
are here. Their weal depends upon the prosperity of the State, and over 
them to-day hangs executions for debts, many perhaps just, and should 
be paid. But it is not my desire, nor the desire of the large majority 
who have argued upon the same side of the question, for any person to 
be sold out under the hammer of the auctioneer, at a time, too, when 
the whole proceeds will hardly pay the expenses of sale. All we 
ask is that the Oommanding General stay these executions until such 
measures of relief can be adopted as will enable these lands to be sold 
at a reasonable value, and by that time parties living in the State may 
be able to purchase. The present owners, from inevitable necessity, will 



CONSTITUTIONAL CONVENTION. 12^ 

be compelled, ere long, to sell portions of their lands, and sell them to 
freedmen, or whoever can pay for them. But if sold now, they will be 
sold in large bodies, or large tracts, so that nobody but capitalists will be 
able to buy. 

The harangue made yesterday, that it was for the interest of the poor 
man to defeat this measure, and would give him an opportunity to buy 
land, was simply for effect. It may defeat the purpose of the resolution, 
but every man who is deceived by getting land, will realize that he has 
been made a puppet merely for a purpose. It will recoil on those who 
defeated the resolution. There has already been too much holding out 
this idea whereby a poor man shall be a land owner without any help of 
his own. We know that the large m.ajority of them, at present, are not 
able to buy food much less land. The resolution does not injure the 
poor man. It does not prevent him from collecting debts honestly owing 
him. The resolution, as amended, allows the execution to go into effect 
where the consideration is for labor, or for advances made in obtaining 
the crop. 

The argument of the constitutionality or unconstitutionality of the 
measure is simply balderdash. It is only a request that the order be 
issued by the military authority to afford relief. 

The gentleman from Charleston said yesterday that anything this Con- 
vention does will not have any effect until the Constitution is ratified. I 
will say here that an ordinance passed by this Convention is of force 
from the date of its passage, and is not to be submitted to the people. 
The Constitution is to be submitted to the people, but the ordinances are 
not to be tied to that Constitution, either for the purpose of carrying it 
through or for the purpose of defeating it. The ordinances are entirely 
separate, and are only a part of the civil government that this body 
feels is necessary for the protection and relief of the people. 

But the great object of this Convention is to frame a Constitution and 
civil government which will tend to the prosperity of all the people of 
the State, black or white. For God's sake let us inquire whether the 
passage of the resolution is for the best interests of the State. There is 
nothing in it that looks like class legislation. It would be a lamentable 
state of affairs, indeed, indicative of a miserable feeling on the part of 
the Convention, if anybody could say that unless a colored man, a man 
steeped in Radicalism, or a red headed man, be relieved, we will with- 
hold the arm of protection. Then we would indeed fall far short of our 
mission. 

I hope that all of us will feel that petty prejudices against the people 
we represent are to be quashed as far as legislation is concerned. I will 



128 PROCEEDINGS OF THE 

admit frankly that I entertain perhaps as much prejudice as any other 
man. I have spent two years of the morning of my Hfe in the war car- 
ried on for the purpose of crushing the rebellion of this people. All 
these things should be forgotten now. "We are not here to incorporate 
these prejudices and hatreds into the Constitution and ordinances that 
we adopt. We are not to pass laws to represent vengeance that we may 
individually entertain against anybody. Nor are we to withhold relief 
from any class of persons because they happen to be in a position here- 
tofore of open hostility to us. Nor are we to withhold relief because 
they choose to defame us in our present capacity. Indeed, it would be 
giving them the power, the cue with which to whip us hereafter. As- 
sembled as we are now, representing the people of South Carolina, our 
sole object should be to pass laws that will benefit the whole people C)f 
South Carolina. And if we see any class of people suffering here, it is 
our duty, our privilege, to relieve them. I care not where they belong, 
what they have been heretofore, what they may be hereafter ; I care not 
what they may be belihing forth to the community, whether they are 
people crying "ring-streaked-and- striped" or not, these things should 
have nothing to do with the action of any man that has been elevated to 
the dignity of a member of this body. Here we should forget all preju_ 
dices, and not be swerved from our purposes for anything so far below 
the dignity of the body to which we belong. We should now, if we 
never have before, examine critically, as representatives, the position of 
the people. Every man here should feel that he is the representative of 
the people of South Carolina. No matter what may be the opinions of 
others; no matter what the Governor may have said with regard to the 
representative portion of the people ; no matter what may be the opin- 
ions of the journals of this city, I say every member of this body who 
does not feel that he is the representative of the entire people is un- 
worthy of the position he occupies. And if you are the representatives 
of the people of South Carolina, you know the needs, wants and necessi- 
ties of that people, and should do that which is best calculated for their 
good. 

Now I come to the question. Is this measure one of the best calcu- 
lated for the good of the people of South Carolina. I saj unhesitatingly 
that there may be some circumstances in which the poor man of South 
Carolina would be benefitted by these sales, but in a great number of 
instances, from the very nature of things, and from all the circumstances 
existing, the property thus sold must pass into the hands of the lapd 
sharks, and you have declared in your platform that large land monopo- 
lies are 'uinous to the best interests of the State. That is the platform 



€ONSTITWTIONA.L CONVENTION. 139 

npon whicTi every member of this body was elected. Yet we are to set 
here in dumb sileace whilst, uuder the auctioneer's hammer, a very large 
portion of the lands of the people of the State passes from the peoplei 
passes from those whose object is to cultivate, into that of a merciless set 
•of legalized robbers. I ask you, gentlemen, are you ready and willing 
to suffer this act of injustice to take place, or by the passage of that re- 
solution stay the hand of angry justice. 

These are matters that must come home to you. Will you suffer this 
land to pass, as it necessarily will, into the hands of land monopolists 'i 
Will you allow it without an attempt on your part to stay their hands ? 
Will you allow these lands to be sold, and see whole lamilies thrown 
upon the cold charities of the world ? Remember the many, too, that are 
to be made the victims of these sales, ai-e perfectly innocent of the 
crimes which brought desolation to their homes; many of them have 
been ushered into existence since the war was settled ; many were in a 
po.sition that rendered them innocent. In many instances these execu- 
tions are upon the estates of those who were forced into the war by a 
power they could not resist, and by the fate of war have been carried 
down to an untimely grave. Is the auctioneer's hammer to carry into 
the hands of these land monopolists these estates, when we, the repre- 
sentatives of the people, are assembled in a body, and can extend a 
helping hand, if that is iLo first thing to be done ? What will then be 
the amount left to the creditor ? In nine cases out of ten the creditor 
will get nothing, and the debtor will be thrown out of doors, and the 
land passed into the hands of the land monopolist. Another mistaken 
idea is, that the men who are going to buy the land will be of that class 
who will sell it out for the benefit of the people. They are not coming 
here for the special interest of the poor man ; they seek only their own 
interest. When once they gobble up the lands, they will sell only at 
their own fixed price, and they will wait until the land rises in value 
before they sell. 

The land monopolist can sit securely in New York, Ohio, Massachu- 
setts, and wait the rise in value of these lands, while we, the represen- 
tatives of the people, will then too late regret our mistake. 

I hope there is not a man in this body, whatever may be his course, 
will suffer himself to be swayed by passion or prejudice. I hope what- 
ever you do here, you will do it, at least, feeling that it is for the good 
and for the best interests of the people you represent. I hope it will 
not be done in the feeling manifested by the gentlemen from Charleston 
who addressed you yesterday. I hope it will not be done as a measure 
of punishment to a people already punished too severely. Whatever 



180 PROCEEDINGS' OF THE^ 

you do, above all I hope it will not be done for tiie purpose of revenge. 
The time was when I, as much perhaps as any man, was anxious to see 
Some of these men hung. When General Lee surrendered, I would 
have hung every leader of the rebellion. I would have given them a 
short, shrift, and a speedy dearli ; but that time is past. 

When I left the army at the close of the war, I was zealous to see the- 
leaders of the rebellion hung, and every man engaged in it disfranchised 
and their lands confiscated. The government of the country has thought 
proper to pursue a different course. I think for us to act now and suifer 
anything to be done that savors of anything like vengeance is wrong, 
cruel, and unjust. If we are truly the representatives of the people, we 
will suffer nothing of the kind. I shrink from no responsibility, but I 
will oppose anything that savors of vengeance. These executions, as I 
have said, must of necessity punish a very large number that were not 
at all engaged in the rebellion, or in any way responsible for it. 

This measure is far short of what we should have done, and what I 
would have it do. I believe we have a right to pass an Ordinance for the 
relief of the people. We should have passed an Ordinance suspending 
these debts for any time necessary, and asked the military to enforce it. 
This is the course we should have pursued, what, in my opinion, we 
should have done, and what we had a right to do. But knowing the 
existing feelings, I consented to the present measure. I am willing to 
attribute to the opposition, honesty in their position. I am not disposed 
to argue against it. 1 think them mistaken with regard to the benefit 
the poor people of the South are to reap from the sale of these lands, for 
the very people to be sold out are as poor as it is possible for them to be, 
saving entire bankruptcy. And I say more than that. The creditor is 
not to be benefitted by the measure, or at least not in extent to the 
waste of property that must necessarily follow. If you sell the lands, 
what is the result ? The lawyer is to be paid, the Sheriff is to be paid, 
and all the whole string of officers who had a hand in getting up these 
executions. 

Again, it has been shown that the very men to be benefitted, 
are the lawyers, men who have been leaders, who hatched up trea- 
son and brought on the war. They are responsible for it. Who was it 
carried this State out of the Union ? Was it the poor honest farmer, who 
lived far away in the country, coming, perhaps, once or twice a year to 
town, or was it the men who will reap the benefit of these executions, the 
lawyers ? How many leading men were there in South Carolina before 
the war ? They may be counted, perhaps, only by the dozen. But those 
they have wronged, those they have deceived, may be counted by hun- 



fX)NSTITUTIONAL CONVENTION. ISl 

•dreds, yea, by thousands. The Government having magnauimously de- 
•clined to punish the men who led the State into ruin, I ask that we 
should save the men who were forced into rebellion by those leaders. I 
ask it as a matter of justice. As the supreme power of the State of South 
Carolina, we should interpose our arm for the protection of suiFering hu- 
manity. This is my earnest deaire, prompted only by the feelings of a 
warm heart toward every citizen of our State. 

Mr. F J. MOSES, Jr. I move that the (Jommittee do now rise and 
report that we have had the subject f^ommitted to us under considera- 
tion, and have come to no conclusion. I desire to state that I make this 
motion not with any view to stop discussion, but that the Convention may 
adjourn at the time fixed by rules of the house. 

Mr. R. J. DONALDSON. I move as an amendment, that we rise and 
report progress. 

Mr. L. S. LANGLEY. I am decidedly opposed, after the opposition 
have fired off their big gun, and suppose they have now sufficient influence 
to carry their measure througt, to adjourn without a reply. If we do 
this, the previous question may be sprung upon us. 

Mr. R. J. DONALDSON. The motion of the gentleman from Sumter, 
was not seconded in parliamentary form. No member can second a mo- 
tion without rising and addressing the Chair. 

Mr. E. C. DeLAEGE. I rose and seconded the motion. 

The Chair decided the motion of the gentleman from Sumter, to be 
before the house. 

Mr. E. B. ELLIOTT. I rise simply to make a correction. The gen- 
tleman from Sumter offered as an excuse, for this motion, that the rules 
by which we are governed, would compel us to adjourn at 3 o'clock. 

Mr. B. F. WHITTEMOEE asked if the Committee of the Whole were 
governed by the rules of the house. 

Mr. J. J. WEIGHT. I am in favor of the Committee rising and sub- 
mitting the question to the house and decided there. 

Mr. F. J. MOSES, Jr. My motion was strictly parliamentary and in 
order. 

Mr. B. F. WHITTEMOEE. I move that when this Committee does 
rise, it shall rise at three o'clock. 

Mr. T. HUELEY. I move as an amendment, that the Committee 
rise five minutes before three o'clock. 

The amendment was agreed to, the Committee rose and reported pro- 
gress, and the Convention then adjourned. 






132 PROCEEDINGS OF THE: 

Saturday^ January '2S, 1868. 

The Convention assembled at 12 M., and was called to order by tte- 
PEESIDENT. 

Prayer was offered by the Eev T. W. LEWIS 

The roll was called, and a quorum answering to their names, the- 
PEESIDENT announced the Convention ready to proceed to business. 

The journal of the preceding session was read and approved. 

The PEESIDENT read the following communication, which was re- 
ceived as Information : 

Office of the District Attoknei' Unite© States, < 
DisTKicT OF South Caeolika. ( 

Charleston, S. C, January 23, 1868. 
Hon. C J. Stolbrand, 

Secretary of Constitutional Conventicm, Charleston, S. C. : 

Sir : I have the honor to acknowledge the receipt of yours of the- 
21st, informing me that by a resolution of the Convention I have beec 
elected one of the Sohcitors of your honorable body, and entitled to such 
per diem and mileage as are accorded to delegates. 

I beg leave to thank the Convention for this high honor so unexpect- 
edly conferred upon me, and though greatly distrusting my ability to 
assist, will accept the position and do all in my power to aid in the great 
work which the Convention has in hand. 
I am, very respectfully. 

Your obedient servant. 

D. T. COEBIN. 

The PEESIDENT. I deeply regret that in consequence of a moni- 
tion from the United States District Court, it will be necessary for me to 
be present at that Court on Monday. I may not be present at the open- 
ing of the Convention, and if I hear of no objection, I will appoint Mr- 
LEMUEL BOOZEE President during my temporary absence. 

Mr. L. S. LANGLEY. I object to an appointment by the President, 
I think the Convention should appoint its own Chairman. 

The PEESIDENT. The objection is well taken, I hope the Conven- 
tion will elect a member to preside during my absence. 

Mr. E. C. DeLAEGE. I move that Mr. LEMUEL BOOZEE, dele- 
gate from Lexington, be chosen temporary Chairman during the PEESI- 
DENT' S absence. 






CONSIITUTIONAL CONVENTION. 13$ 

Mr. L. S. LANGLEY. I nominate Mr. F. L CAEDOZO. 

Mr. F. L. CARDOZO. I decline the honor in favor of my friend, 
Mr. W. J. WHIPPER, of Beaufort. 

Mr. W. J. WHIPPER, declined the honor. 

Dr. J. L. NEAGLE nominated Mr. L S. LANGLEY, of Beaufort. 

Mr. L. S. LANGLEY declined. 

Mr. R. C. DeLARGE. I call for the previous question. 

The call for the previous question was sustained, and on being put, 
Mr. LEMUEL BOOZER was chosen temporary President. 

Reports of Standing Committees were called for. 

Mr. N. G. PARKER, of the Committee on Finance, reported that on 
Monday they would present for the consideration of the Convention, an 
ordinance regulating and ordaining the pay and mileage of members^ 
the manner of levying and collection of taxes, and an ordinance in rela- 
tion to bills receivable of the State. 

Mr. R. C. DeLIRGE, from the Special Committee on Printing, re- 
ported the following bids, which he submitted for the consideration of 
the Convention : 

Charleston, S. C, January 20, 1868. 

To the Committee on Printing, 

South Carolina Constitutional Convention : 

Gentlemen : We beg leave to hand you an estimate for printing for 
your Convention. We will print not exceeding two hundred copies of 
any resolutions, proceedings, ordinances, etc., when in pamphlet form, at 
the rate of $2.25 per page, (pamphlet pages to be five and a half by 
nine inches,) and for inatter not in pamphlet form, at the rate of $1.28 
per one thousand ems. 

The above includes cost of paper, press work, binding, etc., but for 
tabular or figure work, double the above price. When the work is 
ordered on extra fine or heavy paper, an addition will be made to the 
above prices, the only difference being in the cost of the paper. Hoping 
for a favorable consideration on our estimate, 
I am your obedient servant, 



H. JUDGE MOORE. 



N. B. — I propose to use long primer type. 



Chaeleston, S. C, January 21st, 1868. 

To the Committee on Printing Constitutional Convention : 

Two hundred copies pamphlet form $2 25 per page ; two hundred 

copies of Bills, Ordinances, Resolutions, &c., $1 25 per 1000 ems. This 

estimate includes press work, paper, &c. Where cap paper is used, an 

additioDal charge will be made to cover actual cost of paper. Tabular 

18 



134 PRUUEEDINGS OF THE 

woTii double price. One thousand copies of proceedings, paper included, 
$3 50 per page. Every additional five hundred copies, $1 per page. 
Very respectfully, 

McMILLA.N & JOWITT. 

Mr. 8. COELEY. I move that H. Judge Moore be elected printer for 
this Convention. 

Mr. A. J. RA.NSIEE,. Before that motion is put, I trust the Chair- 
man of the Committee on Printing, ^\'iil enlighten the Convention as to 
which of the two bids presented is the lowest. 

Mr. E. C. DeLAEGE. They are almost identically the same. The 
bid of H. Judge Moore is about two cents lower. 

Mr. T. HUELEY. I object to the acceptance of tlie report. The bids 
do not specify whether the printed matter will be made solid or leaded. 
Any practical printer, or any one that knows any thing about printing, 
knows that the difierence between brevier and long primer, is from fifty 
to seventy- five per cent, in favor of the latter or solid cnatter. Mr. Moore's 
bid might be two or three cents lower, and still the estimate of the other 
parties be about fifteen or twenty cents cheaper. The diii'erence is made 
up in the amount of matter furnished. I move, as an amendment to the 
motion of the delegate from Lexington, (Mr. COELEY ) that the report 
be recommitted, with instructions to the Committee to obtain further in- 
formation from the bidders, as to whether the work will be solid or 
leaded, and n't^o to specify the size of the pages. 

Mr. B. E. E.^NDOLPH. I hope the motion will not be seconded, and 
that the Convention will elect Mr. H. Judge Moore printer. The subject 
has been before the house several times, and we have been a whole week 
without a printer. It is enough to know that Mr. Moore can do the 
printing, and we know he is in sympathy with the Convention. I hope 
the matter will not be postponed. 

Mr. C. C. BOWEN. I am opposed to giving the printing to H. Judge 
Moore. I understand, and am prepared to prove the assertion, that Mr. 
Moore has entered into a combination with other printers, where'by otlier 
bids were kept out. It is one of the rules laid down, that where a party 
enters into a combination with another, he is not to be a contractor under 
any consideration whatever. I move, therefore, that the printing be 
given to Messrs. McMillan & Jo witt. It is not altogether decorous for 
the delegate from OrangeVvurg (Mr. EANDOLPH) to urge the election 
of H. Judge Moore. The delegate is connected with the press, which 
expects to reap the benefit of this printing. I am opposed to the contrac 
being given to Mr. Moore on that ground also. 

Mr. B. E. EANDOLPH. I am connected with the paper published 



CONSTITUTIONAL CONVENTION. 135 

by Mr, H. Judge Moore, but not with the job printing department. I favor 
Mr. Moore because I know him to be in sympathy with the party. It 
may be that Mr. Moore has entered into a combination with other print- 
ers to assist hira. What I object to is to give the printing to the other 
pirties who are not in sympathy with our party. 

Mr. J. M. ALLEN. I think it is time we entered into an election. 
The question seems to be how to save two hundred dollars to the State, 
and we-]iave already lost about three hundred by this discussion. 

Mr. E. C. DeLAEGE. I would ask the house to receive the report as 
information, and then appoint a Special Committee to investigate the 
subject. 

Mr. J. J. WEIGHT called for the previous question, which was sus- 
tained. 

Mr. E. 0. DeLAEGE, Chairman of the Committee on Printing, said: 
I hope the vote in relation to this matter will not be taken to-day. I am 
opposed to taking a dollar out of the State Treasury that can by any 
possibility be allowed to remain. Both bids appear to leave a large 
margin lor speculation. I do not know the facilities of Mr. H. Judge 
Moore for doing the work, but I do know that all the printing thus far 
has been executed by him. Neither can I state whether Messrs. McMil- 
lan & Jowitt can execute the work more satisfactorily. Both parties are 
anxious for the work. Messrs. McMillan & Jowitt stated to me they 
would do it five per cent, lower than any other establishment in the city. 
But as both bids allow the widest range for speculation, it may be in the 
making up of their charges by the parties. The Convention will have 
to pay more than has ever heretofore been paid for similar work. I feel 
confident if the Convention will postpone until Monday, and appoint 
another Committee, they will be able to obtain better and more definite 
offers for the work. As a matter of principle, I would be disposed to give 
it to the person allied with the party, but it is stated that the party di- 
rectly interested with Mr. Moore, has no more sympathy with us than 
Messrs. McMillan & Jowitt. 

The main question being on the motion to elect H. Judge Moore Prin- 
ter, it was decider! in the affirmative, and Mr. Moore declared Printer to 
the Convention. 

Mr. J. J. WEIGHT, of Beaufort, oflFered the following resolution : 

Resolved, That this CoEvention respectfully request that Major- General 
Ed. E. S. Canby, commanding the Second Military District, immediately 
issue an order exempting from levy or sale, for a period of four months, 
one hundred acres of land which now, or which may, prior to the expira- 
tion of the four months, be under execution. 



136 PROCEEDINGS OF THE 

Mr. WEIGHT said: I offer this resolution in hopes of it adoption. 
It is the desire of the Convention to secure the homestead, and I beHeve 
it their intention to pass a Homestead Act. The object of the resolution 
is to save out of all lands now liable to execution and in process of being 
carried into effect, one hundred acres, or so much as will secure the 
homestead. 

Mr. A. J EANSIER. I move that the resolution be referred to the 
l.'ommittee on the Legislative part of the Constitution. 

Mr. E. W. M. ]\L\CKEY. I move to amend by inserting, "and that 
they be required to report Monday morning next." 

Mr. L. S. LANGLEY. We have had before us for several days, a 
question bearing some analogy to the one involved in the resolution. I 
believe we are willing to exempt from levy and sale, a homestead to each 
landholder in this State, and as there is a necessity for speedy relief, I 
would propose that the resolution be considered at once. I am anxious that 
every man who owns land in this State, should be secured in his home- 
stead. And as we have been told there is danger of som-:; families being 
turned out of doors, I move we proceed to take up the matter, and hope 
the resolution will be adopted. 

Mr. E. H. CAIN. Last Thursday I rose in my place as an humble 
delegate to this Convention, to expre.ss my views on a question then 
pending, and similar to the one now before the Convention. At that 
time I expressed a wish and desire that every possi ble relief to the poor 
and suffering in this State might be afforded. I regret exceedingly that 
gentlemen on the other side have felt called upon to misstate and mis- 
represent my views. No man will go further than myself to afford all 
possible relief to the citizens of this State, through and by the law. But 
I am decidedly opposed to all violations or abrogations of law to suit any 
class of men. I claim to be a law abiding man, and until the law is 
abrogated by recognized authority, I am in favor of its enforcement. 
With this view, I opposed the resolution then pending before the Conven- 
tion. But I am in favor of exempting every man's property and giving 
a homestead which can be saved from any execution for debt. Gentle- 
men have misrepresented mj views and made it appear that I am op- 
posed to a certain class in the State. I deny it. No man has gone 
farther to bring about peace and harmony. I claim to be a citizen of 
the State, have made large purchases of lands and am involved to a very 
large extent. If the stay law does not pass, I myself will probably be 
a loger to the amount of six or seven thousand dollars. But the reason 
why I am opposed to the resolution under discvission on Thursday is, as 
I showed, that the Commanding General had made ample provision for 



tX)NSTITUTIONAL CONVENTION. ISI 

t'h.e execution of the law, and at the same time extended protection to 
^everj man's household. 

As I have said, no one will go farther than I myself, to secure a hume- 
3tead, for I believe the future pros]^)erity of the country, the hope and 
future well-being of the State, depends upon a homestead law, securing 
to every man, white or black, .rebel or union, the right to maintain him- 
self and family from executions of law. I go further than the gentleman 
from Beaufort, Mr. WHIPPER. He said he came into the State habit- 
ed in the garb of a soldier, determined, if possible, to hang the leaders 
•uf the i-ebellion as high as Haman, but he was now willing to extend the 
olive branch of peace. I came simply as a messenger of peace, and it 
has been my province and desire ever since I have been in the State, to 
counsel moderation, patience and obedience to law, in all departments 
whatever. I am in favor of doing right and giving equal justice to all 
mankind. I would ask no man with regard to the past. I recognize 
the fact that we are assembled in C!ovention. It is our duty to state our 
views, and should not be called into question as to motives because we 
do not think as other gentlemen. I believe the question of homesteads 
will enter into the deliberations of the Convention ; and that it is in our 
power to lay the foundation of a homestead law, to allow of its forma- 
tion, and then within the province of the legislative department to so 
arrange the detaibs as to do justice to all men. I am in favor of securing 
to every man a homestead against all or any execution whatsoever. I 
contend, however, that we are asking Geiieral Canby to do what he has 
already done. I beheve, as I said last Thursday, he has ample powers, 
and will do everything that is right to protect the interest and safety of 
all the people of this Commonwealth. I feel we may repose implicit con- 
fidence in him, and for that reason, I was opposed to the introduction of 
resolutions, like the one oft'ered Thursday, into this Convention. I think 
we have a certain line of duty marked out, and having fulfilled that, to 
adjourn, and present to the people for ratification such a Constitution as 
can be adopted by .every right minded man, so that we may have our 
representatives knocking at the door of Congress at the proper time. 

The expenses of the Convention are going on, and we have been in- 
formed by the Governor of the State that there is no money in the State 
Treasury. We will have to resort to taxation to meet the expenses of 
the Convention. I am opposed, therefore, to any measure being discussed 
by the Convention which properly can be left to the Legislatun- . The 
Commanding General, in my view, has done enough, and it will come 
within the province of the Tjegislature to make good whatever is neces- 
sary, or has been left undone by the General Commanding. 



138 PEOCEEDINGS OF THE 

These are my views on this question. I regret I have been misrepre- 
sented. It has been stated that I came here for the purpose of seeking- 
revenge, and that it did not comport with the dignity and position whick 
I assume as a clergyman. In all my remarks last Thursday I made na 
allusion aor indicated any desire of vindictiveness to any class in the 
State of South Carolina. I simply confined myself to arguments to show 
the reason why the motion then pending should not prevail. I have 
several reasons I might introduce here, but will not detain the Conven- 
tion. 

I want a Constitution that shall do justice to all men. I have no- 
prejudices, and feel above making any distinctions as much as my friend 
of the News, who proposed "Daddy Cain'' should do certain things. I 
agree with the sentiment that every class of men should reap the benefits 
of this Convention. Far be it from me to put down one man simply 
because he rebelled, or raise another simply because he was a Union 
man. I hope we will take hold high upon the highway of human 
progress, lay the foundation broad and deep, and rear a superstructure 
Tvhose grand proportions shall give shelter and justice to the rich man 
as well as the poor. I want to see this State take its place in the Con- 
gress of the United States. I want to see internal improvements, the 
railroads rebuilt, and, in fact, the whole internal resources of the State so 
developed that she shall be brought back more happy and prosperous 
than she ever was. I believe, under the segis of freedom and liberty, 
she will take such a bound forward as has never before been witnessed 
in this country. It had been said that it was dangerous to introduce 
Northern men here. I regret that this should come trom one who, if his 
logic was good, ought to be back in Michigan to-day. The introduction 
of Northern men will be a sure means of redeeming the State. I am in 
favor of bringing in men of every class. Already societies had been 
organized by the prudent, thrifty and far-seeing Q-ermans for the purpose 
of bringing emigrants into the State. I am for giving to each and all, 
native and adopted, a homestead. But while I am in favor of securing 
a homestead, I am not willing to give license to rascality. I am in favor 
of giving relief to the merchant, the mechanic, the farmer, the machinist, 
the laboring man. I am in favor of giving relief to all classes of the 
State, and not confining our action to one particular class. I desire to 
do whatever will contribute to the well being of the State. 

Mr. F. J. MOSES, Jr. I call for the previous question. 

The call was sustained, and the PRESIDENT decided that the ques- 
tion before the house was on the adoption of the resolution offered by the 
delegate from Beauiort (Mr. J. J. WEIGHT.) 



CONSTITUTIONAL CONVENTION. 13^ 

Mr. B. F. EANDOLPH. Does not that lie over for one day, or under 
the rules is it not required to be referred to a Committee ? 

The PRESIDENT decided that as the resolution was not of a perma- 
nent character it did not come under the rule adopted by the house in 
regard to matters affecting the Constitution. 

Mr. J. J. W RIGHT. We have been for several da,ys past considering 
the question of relief to the people of South Carolina. I have not been 
able to see how the proposed measure of the delegate from Sumter (Mr. 
MOSES) is to grant relief. I therefore submitted the resolution offered 
this morning. It differs entirely from the first resolution offered, because 
that was simply a request to General Canby to stay for three months the 
debts and the executions now pending in the courts, so that certain per- 
son's lands might not be sold. It was to stay it for three months for 
what ? Was it a measure of relief to the people ? To what people ? It 
would grant relief to the people in debt, because it simply stays execu- 
tions for three months. During that period they could get all their 
property out of their hands. It would be relief to but few. They could 
cause poor people to contract with them; they could cheat them out of 
their wages or their labor, and perhaps get money enough to pay the 
debt. It is granting no measure of relief. It is simply allowing a 
transfer, from one party to another, property sufficient to cover the debt. 

Mr. W. J. WHIPPEE. I would ask the member as a lawyer, how a 
man would dispose of his property after judgment has been rendered, and 
the execution on that judgment merely suspended ? 

Mr. J. J. WRIGHT. If I had a farm or plantation on which there 
was a judgment, I could put all my property out of my hands that that 
judgment does not cover. 

Mr. W. J. WHIPPER. Suppose the judgment covered all the prop- 
erty. 

Mr. J. J.WRIGHT. I might, during the stay of that judgment, get money 
enough by cheating the people to relieve me of that judgment. The resolu* 
tion I offer, embodies a practicable measure of relief, and I hope it will 
be adopted without reference to a Committee. We can then ask General 
Canby to exetupt from levy or sale on execution one hundred acres of 
land. We propose to incorporate into the Constitution a homestead law 
that shall give to every person in the State of South Carolina wrio now 
owns a fee simple, forever of one hundred acres. If the Courts allow 
these executions to take place, many families will be sold out of house 
and home. 

Mr. P. L. CARDO'ZO. General Canby has already exempted from 
executions property to the amount of two thousand dollars. 



140 PROCEEDINGS OF THiJ 

Mr. J. J. WRiaHT. That is true, but General Canby s arJer does- 
not fcay land. It seems simply to apply to personal property. 

Mr. F. L OARDOZO. G-eneral Canby s order exempts twenty acres- 
of land. 

Mr. J. J. WEIGHT. But that is not what we propose to do. We pro- 
pose to exempt one hundred acres. Land is so poor along che sea coast 
that it takes from three to four aci'es to uxake as much as could bv raised 
on one acre of good soil. We believe a man may live as he ought tO' 
live on one hundred acres of land, and we desire General Canby to ex- 
empt that much until we get the State restored to the Union. 

The question being put on referring the resolution to the Judiciary 
Committee, to report Monday morning, it was not agreed to. 

The main question was then put, on the adoption of the resolution, and 
it was agreed to. 

Mr. F. J. MOSES, Jr. I now call up the resolution reported Dack by 
the Committee, and on that, call for the previous question. 
The call for the previous question was sustained. 

Mr. F. J. MOSES, Jr. In the commencement of my remarks, on this 
important subject, I desire to state, for the information and comfort, per- 
haps, of all the gentlemen in the opposition, that I know and understand 
exactly what rights I had in debate, according to parliamentary usages? 
and these I intend to maintain. I rise in a spirit of all kindness towards 
every delegate on this floor. Although the discussion of this question,, 
so far, has been characterized with a bitterness which I hardly expected 
to see in so grave a body as this ; although rage, and spite, and venom, 
have been the distinguishing features of some of the speeches made on 
the subject, I desire to say, if those shafts were sent towards the mem- 
bers who agree with me on this subject, they iiave fallen harmless at 
our feet, and I rise, as their representative, in the best of humor with 
every body on the floor. I know, according to parliamentary usage, I 
have the right to keep this Convention listening to me for the space of 
one hour. I desire to say, however, I do not intend to make a speech. 
I desire simply to have a plain, quiet, confidential conversation with all 
the members of this Convention. The subject does not admit of elabo- 
rate argument. I do not believe the majority of us have been impressed 
with the force of a single remark, for I cannot dignify the speeches made 
with the name of argument that has fallen from the lips of the opposition. 
Further, it would be unkind, unjust, and regardless of the feelings of 
the members of the Convention, after having been kept three days listen- 
ing to speeches on this dry subject, to bring forth now an elaborate ar- 
gument in reference to this question. It is, perhaps, astonishing that 



CONSTITUTIONAL CONVENTION. 141 

those to whom we shouLl have looked for examples of chai-ity, forbear- 
ance, kiiidness and brotherly love, were the first to throw down the 
gauntlet of defiance from one race to another, and attempt to set up a 
spirit ol antagonism b.jtween the two classes of this country, which, I 
venture to say, does not exist, nor can any of the efforts of those gentle- 
man bring into existence. We have been regaled this morning with an 
argument by the gentleman from Charleston, who spoke last Thursday, 
after the gentleman from Richland, Mr. R. H. CAIN, and I am delight- 
ed to see that he has changed his standpoint entirely, and with all the 
candor for which he is remarkable, confesi-es that from the beginning he 
has never seen how any good or evil result could flow to any cla*88 from 
the passage of this resolution. 

Mr. E. 3. CAIN. I entertain the same opinions I did on Thursday 
last. I do not concur in the oi'iginal resolution, but am in favor of the 
one adopted this morning. 

Mr. F. L. CARDOZO said he did not object to the exemption of one 
hundred acres of land from execution of debt, as embraced in the reso- 
lution just adopted, but to the fifty or eighty thousand covered by the 
resolution offered by the speaker. 

Mr. MOSES continued. The gentleman did vote in favor of the reso- 
lution of the gentleman from Beaufort (Mr. WRIGHT.) I now repeat 
that the gentleman from Charleston have changed ground moat cona.- 
pletely, in reference to the question under discussion. The gentleman 
who spoke this morning, said he preferred the resolution of the gentle- 
man from Beaufort, to the one introduced by myself, because he thought 
that measure will help a great many persons, and the resolution pro- 
posed the other day did neither. Why then does he stand forth 
and oppose with so much bitterness and venom, a resolution which 
he says can endanger no one. And I was delighted to see that it 
was the sense of the house to adopt that resolution, because I believe 
that vote evidence of a determination to sustain the resolution which I 
have the honor to represent I believed when I came to this Conven- 
tion as a delegate, I came a representative of the State of South Carolina. 
I came to labor for the interest of every man in the State, and not in the 
interest of any particular class or set of men whatever. I do not know 
one white man in this State who voted for me as a member of this Con- 
vention. But though they did not vote for mo, they are my constituents, 
and I would be recreant to every sentiment of honor, recreant to every 
prompting of duty were I to forget their interest simply because they 
did not vote to send me. 

I believed it was coming to a Convention of the people of the State, 
19 



142 PROCEEDINGS OF THE 

and not to an inquisition or star chamber. If the feelings exhibited here 
are the true ones, if a ^>pirit of enmity exists to the persons embraced in 
that resolution, if it is tlie desire to take from men every thing they own 
in this world, then let those who desire it come up and do it openly and 
manfully, and if necessary put the hatchet at once to the hearts and 
brains of their victims. But come not in the guise of friends, in the 
guise of representatives of the people, and make the deepest stab that 
could possibly be made. I ask you, for Grod'a sake, do not do this. 
Abstain from all prompting of enmity. If these executions under sales 
are allowed to go on, the State of South Carolina will be in the most 
distressing position in which any commonwealth has ever been placed ? 

It seems to me that this is too late an hour for gentlemen to call for 
information. It seems to me that the representatives from the upper 
part of this State know the destitution and desolation that prevails, and 
need not be reminded of it by one in whose District there is not so much 
destitution as in any other. We can, however, look around us and see 
the desolation. We know we are at the end of a terrible war ; that we 
have just emerged from a conflict which devastated the whole Southern 
land and drenched it in blood. Almost every landmark of prosperity 
has been swept away. Nothing but ruins mark the spot where temples 
used to stand. The people everywhere call for relief. They ask it of 
their representatives, of every man upon this floor. They come in their 
bitterness of heart and anguish, and say you alone are able to give us this 
relief. Will you put your feet on our necks now that we are crushed to 
earth, or will you, like brothers, as you should be, extend a helping- 
hand and lift us up on the platform you occupy yourselves. Which is it 
to be ? What message shall we send forth from the Convention ? Shall 
we send forth an edict declaring that these men deserve punishment 
when the Government has refused to punish? Shall we be deaf t'> the 
call for mercy '? I do not believe that will be the edict. I believe when 
the resolution is voted upon, the voice of happiness and cheering will 
greet the heart of every family in the State, and bring forth tears of joy 
and happiness at the action of this Convention. If otherwise, if the 
sales under the Sheriff's hammer go on ; if nothing is left to the poor 
shivering mother and children ; if nothing is left to clothe their scantily 
clothed limbs, who shall be responsible for it ? Grentlomen who have 
brought up this bitterness from the depths where it had been forgotten 
in the midst of the desolation, may hear the cry coming forth directed 
to some of them, saying: " Cain, Cain, why slowest thou thy brother ?'' 

I was never more surprised than when I introduced this resolution, 
and asked that it should be passed, to find delegates with white skins 



CONSTITUTIONAL CONVENTION. 143 

t 

denouncing me as bringing it in favor of class legislation for the colored 
citizens of this State. I believed it would do more good to the laboring 
class of the State of South Carolina than it could possibly do to any 
other class. Hence my astonishment at being denounced as a man, in 
the words of the clerical gentleman frooa Charleston, guilty of legislat- 
ing for a class of men opposed to the objects of this Convention. That 
was the idea, and it was carried out with a degree of intensity, warmth, 
enthusiasm and excitement which I, for one, was not prepared to meet. 

[Mr. r. J. MOSES, Jr., here read the resolution.] 

The only reason why I had not inserted the words after added, viz '• 
" except for wages, liens on crops, etc.," was because I thought those 
already amply protected by the order of General Canby, who with that 
sense of justice, which has characterized him ever since he has com- 
manded this Militar} District, has up to this time secured to laborers 
and mechanics the wages due them. 

The resolution, as it stands, is a simple request to General Canby. 
We are the representatives of the people of South Carolina. We come 
from every District in this State. We are either prepared to know the 
wants and necessities of every Di&trict, or we have not prepared our- 
selves for the performance of our duties. I believe I know the wants 
and necessities of Sumter District, and I am responsible for the state- 
ment, that not one of the citizens, in the length and breadth of Sumter 
District, white or colored, but desires that this relief should be ex- 
tended. I am happy to say in my District there is no consideration of 
class. As far as equity and justice are concerned, they are all on one 
broad platform. They all live in friendship and amity with one another. 
If the condition is different from this in any other District, I should be 
grieved to hear it. If the gentlemen from Charleston do not know the 
wants of their District, then I undertake to say they have not performed 
their duty as well as I have mine. 

The argument about the constitutionality or unconstitutionality of this 
measure, and about its being legislation, is simply stuff and nonsense. 
I am surprised that any member should be able to keep a smooth coun- 
tenance when they hear a protest that it is unconstitutional. I desire to 
ask the question, if a certain individual, say a citizen of Sumter District, 
were to go to General Canby and make a request, that in order to meet 
the necessities of the District, he would issue such and such an order, 
would the gentleman from Charleston say it was unconstitutional ? I see 
the members smiling now who have been trying this argument on the 
Convention. This is simply an effort to induce General Canby to stop 
sales under executions, in order to afford the Convention time to mature 



144 PROCEEDINGS OF THE 

proper measures of relief lor the people of the State. I sujfpDse this 
Convention will not adjouru without adopting some permanent measure 
of relief. 

This resolution commits no one. It is simply an expression on the 
part of the Convention that it would be good for the people of South 
Carolina that the sales of property under executions should be stopped 
for three caonths. Why ? In order to afford the Convention the neces- 
sary time in which to mature proper measures of relief for the people 
of the State. I suppose this Convention is determined to grant some 
measure of relief, and I think I have a right to say so, because I believe 
there is but one gentleman who is in opposition, all the rest have shown 
ur expressed an intense desire to give at least a homestead. How long 
will it be before we can afford relief. No member expects to be here lon- 
ger than three weeks, and I earnestly hope we will not be kept longer 
than two. But it may happen that Congress may pass a new Bill, and 
send it to us to carry out its provisions. We might, in that event, be 
kept here for three montlis. This is the explanation in reference to the 
duration of time mentioned in the resolution. To rid the mind of the 
gentleman from Richland (Mr. T. J. EOBERTSON) of a ghastly night- 
mare, giving rise to visions of repudiation, of greenbacks flying from 
him, of eluding his grasp, I would say to him, as the mover of the reso- 
lution, that it does not look to repudiation, does not stoop to repudiation, 
and that is not the intention of the resolution. This was only another 
word hunted up to frighten us off. 

Mr. ROBERTSON asiked if six years was not time enough for paying 
debts ;' if not, how much longer time was necessary ? 

Mr. MOSES. I do not believe the people of South Carolina do not 
desire to pay their debts. It is tbe first time I have heard this charged 
against them. I know the people of South Carolina. I know there 
exists not in this broad land a more honorable people in reference to the 
performance of their contracts. I know most of them have promptly 
paid their debts whenever due. It lies not in the mouth of a South 
Carolinian to brand them with an unwillingness to pay their debts. The 
people of Soutli Carolina simply now avsk to be allowed to discharge their 
debts in a manner which will save them something and their creditors 
something. They desire relief now as much in behalf of the men they 
owe money as in their own behalf. What is the consequence of press- 
ing men at the present time ? I have seen it at my own Court House. I 
have seen the finest land in Sumter District sacrificed under the Sheriff's 
hammer. I have seen the owner standing by and heard the bid at which 
everything was .swept from him. Eveiything was taken away from the 



COKSTITUTIOIS'AL CONVENTION 143 

poor de'-'tor. Yet South Carolinians have been branded with the dis- 
honor of not being willing to pay their debts. In the name of South 
Oarolinians I protest against the charge. 

>Ir. ROBERTSON. Does the gentleman claim to be more identified 
■with the interests of South Carolina than I do or other gentlemen here 
to the manor born ? 

Mr. MOSES. I do not claim to represent South Carolina more than 
any other South Carolinians on this floor. The only difference that 
exists between myself and the gentleman is, that while we agree on the 
question as to the political mistakes, wliich South Carolinians have made, 
we do not agree in reference to the estimation of the character of South 
Carolinians. I think they have always paid their debts whenever they 
were able. He has a great many debts coming to him, aad he ought to 
know whether they pay their debts. 

Mr. EOBERTSON. They do not come. 

Mr. MOSES. I hope the gentleman will not succeed in making them 
icome for three months yet. 

We sit here as representatives of every District in the State, and are 
presumed by General Canby to know the wants and necessities of our 
people, and the passing of the resolution is an expression of the sense of 
the Convention that the people of South Carolina desire relief. They 
have not asked it of this Convention. I for one have not heard of any 
such request. As far as I am individually concerned, I can say in all 
sincerity I have not been approached by a South Carolinian in reference 
to the granting by this Convention of measures of relief. On the con- 
trary, South Carolinians have expressed the hope that this Convention 
will give them no relief, that the Convention will shut out entirely the 
old class of South Carolinians and legislate entirely and solely for the 
newly enfranchised citizens. That is what I complain of. The oppo- 
nents of the measure are playing into the hands of their enemies. They 
are playing into the hands of those who desire to defeat reconstruction, 
who desire nothing more than that this Convention should adopt a Con- 
stitution and pass every measure solely in the interest of the newly 
enfranchised citizens. 

I appeal to the colored delegates, those who are supposed to have at 
heart the interests of their people, to listen not to the voice of the.->j 
charmers, who seek to destroy you. Listen not to those men who telt 
you it will benefit you to vote down this resolution. If you do, rest 
aesured that vote will result in the defeat of our Constitution. Then, 
when that time comes, go to the men v\'ho have betrayed you on this 
measure, come not to me, for "thou canst not say I did it." Be not 



116 PROCEEDINGS OF THE 

swerved from your duty to yourselves and the country by tbe appeals 
made to passion and prejudice. 

I am no prophet, nor the son of a prophet, but I will stake my reputa- 
tion as a prophet aojainst the clerical gentlemen from Charleston, and I 
prophesy if this measure of relief is refused to the people of the State, 
and if that is done because of the convenience of a certain delegate's 
interests, our Constitution will be defeated, and he will be held respon- 
sible, and will reap the fruits of everything with which he has been 
instrumental in forcing upon them. I have not been able to see any 
argument on the other side. I have seen passion appealed to ; an 
attempt made to raise prejudice, but I cannot for one moment imagine 
that those gentlemen with whom I have set in Convention for the last 
week or ten days, will allow their minds to be so wrought upon by 
prejudice as to yield to speeches that have not the slightest force or 
reason. 

In answer to the gentleman from Eichland (Mr. EOBEETSON), I 
would say it is not the rich men of the country that are asking relief. It 
is the poor man. It is the rich men who desire to seU out the poor men 
and take from their families every thing they possess. 

Mr. EOBEETSON. I have refused to sell out poor men. 

Mr. MOSES. I deny emphatically that the men who staked all 
on secession are the debtors who seek relief. The largest number, I be- 
lieve, were not secessionists. I know there are a great many men on 
this floor who know the fact as well as I do, that many of the men now 
deeply in debt, were Union men, and many became more largely involved 
because they were more oppressed. They were oppressed more than 
those who staked their all on secession. But even if it were true that it 
is the secessionists who are asking for relief, what is that but an appeal 
to passion and prejudice ? 

The gentleman from Eichland says he is in favor of homes for the la- 
boring man. I am glad that just there we can shake hands. This reso- 
lution intends to secure a home for the poor man. That was one reason 
why it was introduced. I contend that if these laws or executions are 
carried out, the poor man will not be able to get a home. 

The gentleman from Beaufort (Mr. WHIPPEE) was attacked for his 
views on emigration. Tliat gentleman did not object to thrifty, indus- 
trious, active men coming to buy the land. He was opposed to the land 
monopolists ; those Northern men who come here to seek investments. 
Some of these men are already in the city of Charleston prepared to buy 
up every foot of land sold at auction in February. The poor man will 
get none of that land. It will be sold in large tracts. 



CONSTITUTIONAL CONVENTION. 14'J 

In conversation with a distinguished gentleman, familiar with the 
present condition of the State, he stated that at present not a laboring 
man can purchase land, even if sold in small tracts, for tliey have no 
money. Last year the laborers failed to make scarcely any thing, and 
at lhe end of the year, received little or nothing. It may be, some labor- 
ing men in Charleston have saved a little money. But in my District, 
and other Districts of the country, I venture to say not one in two thou- 
sand laboring men can buy an acre of land. I say they have not the 
money. I come to this Convention desiring relief for the entire people 
of the State. I desire relief for the newly enfranchised. I thank God I 
have come here to do all in my power to give them relief. Suspend these 
sales for three months. Probably as the Legislature may interfere and 
put off the sales still longer, at the end of the year the laboring men may 
be able to buy the lands. One of the delegates had said one hundred 
and twenty thousand homes could be procured for the laboring class at 
two dollars per acre. The people of South Carolina are desirous to have 
the laboring class around them. I grant, at the close of the war, there 
was a spirit against them, but that spirit has been eradicated. Some go 
so far as to prefer the colored to any other kind of men to whom they 
will oifer their lands for sale. And these men will sell the lands to be 
paid for by the freedmen in their labor. Yet we are met with the bold 
assertion that the poor colored men cannot get lands because the rich 
men or large landholders are not willing to sell to them. I wish to see 
this measure adopted, for it will materially aid in the ratification of our 
Constitution. It will wrest from nearly every man in this State his ap- 
proval, no matter how much he may be opposed to us. One of the dele- 
gates from a large and flourishing District, told me that the majority of 
citizens promised if we passed a measure of relief, they would vote for 
our Constitution. 

Mr. T. J. EOBEETSON. I would like to know from the gentleman 
if the large number of his constituents voted for him as a member of 
this body. 

Mr. F. J. MOSES, Jr. I have already said that not one that I know 
of voted for me ; but I think it my duty, nevertheless, to attend to their 
interest when it does not conilict with the other class. I ask you to 
recollect what I have said ; I believe this a highly important matter to 
the well being of reconstruction. There is not a man in the length and 
breadth of Sumter District who did not desire the people should have 
relief. All those men who did vote for me, gave it as their instruction 
that the people of South Carolina should have relief. I ask now if it is 
not the sentiment of every heart on this floor, because I do not believe 



14§ PROCEEDINGS OF THE 

the delegates here would wish to represent Districts ^here one race was 
at enmity against us. They will live in peace and security, and the- 
newly enfranchised class ask me to give relief to even those who op- 
posed the calUng of the Convention. I ask you to forget all the past^ 
to go nobl}, manfully, bravely forward in the path that will lead tO' 
glory, looking only to the true interest of all the people, without distinc- 
tion of race or color. 

The hour having espired, the question was taken by ayes and nays orr. 
the adoption of the resolution, and the vote stands as follows : 

Yeas — The President, and Messrs. Allen, Alexander, Bowen, Bryce^ 
Camp, Coghlan, Cooke, Collins, Corley, Craig, Crews, Davis, LeLarge,. 
Dickson, Duncan, E liott. Gentry, Gross, Gray, Harris, Charles D. Hayne,, 
Holmes Hunter, Hurley, Samuel Johnson, Wm. B. Johnson, J. W. 
Johnson. Dr. L. B. Johnson, W. E. Johnson, Joiner, Lang, Samuel Lee^ 
Leslie, Mackey, Mayer, Mauldin, Milford, Moses, Neagle, Nuckles, 01- 
sen, Parker, Perry, Pillsbury, Rainey, Richmond, Rivers, Rose, Runion, 
Sanders, Smalls. Swails, Whipper, White, C. M. Wilder, and Wooley. 

Nays — Messrs. Bell, Bonura, Brockenton, Byas, Richard H. Cdin, 
P. J. Cain, Cardozo, Chamberlain, Chestnut, Clinton, Darrington, Dill,. 
Dogan, Driffle, Edwards, Foster, H. E. Hayne, Henderson, Humbird. 
Jackson, Jacobs, Jervey, Jillson, Henry Jones, Charles Jones, Langley, 
George Lee, W. J. McKinlay, Wm. McKlinlay, McDaniels, Mead, Miller^ 
Nance, Nash, Nelson, Owens, Randolph, Ransier, Robertson, Rutland, 
Sasportas, Shrewsbury, Stubbs, Thomas, Augustus Thompson, Benj. A. 
Thompson, Samuel B. Thompson, Viney, Whittemore, Williamson, 
Wingo, and Wright. 

Total ayes 57 ; nays 52. 

Mr. R. C. DeLARGE made a motion that the question be reconsid- 
ered, and that the motion to reconsider be laid upon the table. 

The PRESIDENT explained that the effect of this motion would be 
to put the question forever beyond the further consideration of the Con- 
vention. 

It was decided in the aflfirmative. 

Mr. B. F. WHITTEMORE, of Darhngtou, offered the following reso- 
lution, which was agreed to : 

Resolved, While the members of this Convention will not favor any 
scheme for the repudiation of debts, the violation of the obligation of 
contracts, or the taking of lands from the hands of the lawful owners of 
the same, without reasonable compensation, yet we are willing to iurther 
any measure of rehef consistent with the powers delegated to us by the 
Reconstruction Acts of Congress. 

, The Convention then adjourned. 



CONSTITUTIONAL CONVENTION. 14», 

ELEVENTH D^Y. 
IfKonday, January ^7, 1808. 

The Convention assembled at 12 M., and was called to order by Mr. 
LEMDEL BOOZER, temporary Chairman. 

Prayer was offered by Eev. B. E. JACKSON. 

The roll was called, and a quorum answering to their names, the 
Convention proceeded to business. 

The Journal was read and approved. 

The PRESIDENT, Mr. A. G. MACKEY, here appeared and took his 
seat. 

Major D. T. Corbin, United States District Attorney, appeared in Con 
vention, and was introduced by the PRESIDENT. 

Reports of Standing Committees were called up. 

Mr. P. J. MOSES, Jr., made a report of the Executive Committee, to 
whom was referred the preamble and resolutions, declaring that the 
safety of the Government and the welfare of the State, demand the 
speedy removal of the officers of the State Provisional Government. The 
Committee say they have considered the same, and believing that the 
removal of the present State officers would be highly prejudicial to South 
Carolina, recommend that the preamble and resolutions be laid upon the 
table, and that the whole question of removing State officers and elect- 
ing others in their stead be left to the people of the State, unless other- 
wise ordered by the United States Congress. 

Mr. B. P. WHITTEMORE moved the adoption of the report, svhich 
was carried. 

Mr. N. G. PARKER, Chairman of the Committee on Finance, made 
the following report : 

The Committee on Finance, to whom was referred the Ordinance in 
reference to pay and mileage of members, also the Ordinances author- 
izing this Convention to pledge the faith and credit of the State for the 
redemption of "$200,000 of the bills receivable by the State," and the 
"sale of a portion of them to defray the expenses of this Convention," 
and an Ordinance "directing this Committee to report at an early day 
some plan for the levy and collection of a tax on the property of this 
State, authorized by Congress, to meet the expenses of this Convention," 
beg leave to submit the following report : 

That, in view of the pressing necessities of members of this Conven- 
tion, your Committee have prepared the measures herein set forth at a 
much earlier day than they otherwise should, and at considerable risk of 
being charged with a slight consideration of a very important matter. * 
20 



is9 PROCEEDINGS OF THE 

Your Comiuittee has reported a section in the Ordinance pledging the 
faith and credit of the State for the redemption of the $500,000 of bills 
receivable, authorized by the Act of Assembly of South CaroliEa of 
December, 1865, and a Supplemental Act in September, 1*^66. 

This is indispensable, not only to secure to members of the Convention 
compensation and immediate relief, but also a fund by which the Legis- 
lature, when it assembles, under our new Government, may be paid its 
per diem and mileage. 

The pledge herein given will, in the opinion of your Committee, secure 
confidence in this currency, which is now at a discount, causing it to 
appreciate ia value, and the failure to make this pledge will cause a loss 
to the State, a loss to the members of the Convention, and when the 
Legislature assembles ;here will be no fund whatever from which its ex- 
penses can be paid. 

The small amount of those bills, now outstanding, $99,919, in view of 
the fact that one-half of the taxes ordered to be colletited, under Greneral 
Order No. 189, are to be paid during the month of March, and which 
will, it is estimated, yield to the Treasury $175,000 by the middle of 
April, will leave not a dollar of the bills in circulation, (provided prompt 
payment is made,) eVen including the $75,000 necessary to defray the 
expenses of this Convention, and the disbursement of $80,000 more, 
which it is estimated it will take to meet the wants of the present Provi- 
sional Government during this period, in payment of quarterly salaries, 
&c. ; but there would be a balance of $50,000 in greenbacks in the Trea- 
sury. But we can safely leave that ofi" as no such prompt payment will 
be made. 

The endorsement will relieve the new Legislature from embarrassment, 
and that body can proceed with its work in framing such legislation as 
may be necessary to carry out the provisions of the new Constitution. 
The several operations of the Government must also be carried on — the 
Lunatic Asylum, Penitentiary, Prisons and Courts, must all be sustained, 
so that society shall be protected, and the life, liberty and property of 
the citizen be secured. 

In any view which the Convention may take of the matter, whether 
additional Acts of Reconstruction may be passed, whethf>r the present 
Provisional Government may be continued until the new Constitution has 
been ratified by the people, accepted by Congress, and the new Govern- 
ment placed in operation, these expenses naust be met ; and inasmuch as 
these bills receivable are the only currency which can be relied upon, it 
behooves every citizen of the State to give them the largest value. In 
doing so, an unqualified pledge for their redemption, according to the 
terms of the Act authorizing this issue, ought to be made. 

The Treasurer of the State is a bonded officer, and there is no reason 
to distrust his fidelity. No portion of these bills receivable can be paid 
from the Treasury, except in conformity to the appropriations of the 
order of General Canby and the existing law. 

There is, therefore, no danger of the fund being squandered inasmuch 
as Lt is regulated b\ law, and its custodian, the Treasurer, is under bonds 
j)f $100,000, with abundant securities. 

Your Committee also think it important that this Convention should 



CONSTITUTIONAL CONVENTION 151 

give a solemn pledge that all the oblii^atious of the State should be 
liquidated and paid at the earliest practical day, and with the least 
inconvenience to the people. The same reasons may be urged in behalf 
of this proposition tliat have been mentioned in connection with the bills 
receivable, since the enlorcemHut of these obligations by this Convention 
would tend to restore the bonds by whicli they are represented to their 
former value, and to secure the confidence of capitalists at home and 
abroad in the same. 

Your Committee, therefore, have reported a section making such an 
endorsement, taking care, however, to declare null and void all obliga- 
tions enterer"! into by the State, either to aid the State of South Carolina 
or the so-called Confederate States in the rebellion against the Grovern- 
ment and authority of the United States. An unequivocal declaration 
that this class of claims against the State shall never be paid, should, 
we think, be made by this body, and thus put at rest all apprehension 
that at any future time any citizen of South Carolina shall be taxed one 
cent to pay a debt to destrry the Union. Your Committee, after full 
consideration and consultation with the Commanding General, are of the 
opinion that the taxes levied may be most conveniently collected by the 
means suggested by General Canby in his General Order No. 189, and 
he has promised his hearty co-operation in that work. They, therefore, 
recommend that the same persons shall collect the taxes, they being 
officers duly appointed by law and under heavy bonds, and to transfer 
the same to the Treasury of the State for the immediate pay of the 
mileage and per diem of the members of this body, together with its 
necessary expenses. When ihe public observes that while the Conven- 
tion places $75,000 of these bills in circulation in addition to those 
already out, a tax is levied to be collected, half in March and the other in 
July, to reimburse the Treasury for the outlay which it will make to this 
Convention, it will, in the judgment of your Committee, prevent the de- 
preciation of these bills, and, with the pledges given, we see no reason 
why they should not, at an early day, appreciate very nearly to their full 
value. 

In considering this report, the Committee hope that the Convention 
will keep constantly in view the important fact that our State finances 
are one of the impprtant matters, not only of this Convention, but of the 
people of the State — the whole people, not only now, but in the future. 
We are not legislating or framing a Constitution for to-day, but for the 
future. 

It must be borne in mind that if a Constitution is adopted by this Con- 
vention and accepted by the people, it is almost absolutely certain that it 
will be by Congress. That such will be the result, this Committee have 
no shadow of doubt; hence a Legislature will, within a short time, as- 
semble, when large additional expenses for the State will be incurred. 
Was this the last expense that the new government which is about to be 
organized could inflict upon the State, ;ind our interest as citizens of the 
State should cease here, a very different plan than the one proposed 
might be recommended; but with the firm conviction that this is only 
the beginning, and with a conscientious desire to discharge our duties to 
the State with fidelity — with a desire to increase the confidence of all the 



tSi PROCEEDINGS OF THE 

people of the State and elsewhere — place the credit of the State upon a 
firm basis, and in the belief that the adoption of the course herein recom- 
mended will accomplish much to bring about such a result, your Com- 
mittee have unhesitatingly made the recommendations herein contained. 
This body is in want of money now. The Congress of the United States 
gives us power to levy and collect a tax. Under that authority it is 
already in the province of this body to authorize the levy and the collec- 
tion within five days; but it would be impossible to execute such an order. 
We might order it in ten, fifteen or thirty days, but it could not be col- 
lected within that period. A reasonable time would be asked and given. 
The dictates of humanity would demand it. if there were not other 
weighty reasons for it. 

It certainly would not be wise for this body to offend every citizen of 
the State in the very first act, by levying a tax to meet the expenses of 
this Convention, and forcing the collection of it in the shortest possible 
time. And though the most arbitrary measures be resorted to to collect 
a tax if imposed, it is not sure that it would all be paid, and within a 
reasonable time. There is a stringent law for the collection of taxes 
now, there always has been, and yet there are, delinquents; there always 
will be. In view of the facts set forth, and in view of another fact, viz : 
that there is no money now in the State Treasury, that is, no State cur- 
rency, and that if there was, there is no absolute certainty that we could 
at once get possession of it, inasmuch as we have no authority to appro- 
priate such money, but only power to levy a tax and collect it. Although 
your Committee have not been met by such objections, and have no rea- 
son to expect any, yet in view of the facts just mentioned, and all the 
circumstances enumerated, together with other considerations of im- 
portance, thfiy have deemed it best, in order to insure : — 

1st. The most speedy payment of a portion due the members and 
officers of the Convention. 

2d. To protect the credit of the State, and to restore confidence and 
increase prosperity. 

3d. Levy a tax upon the property of the State according to law, and 
give the most liberal time for the payment thereof, and not distress the 
people, who are already overburdened and oppressed. 

4th. With the view of acting in harmony with the power whose au- 
thority we must obtain before we can take any money from the State 
Treasury (the Major General commanding the Military District), your 
Committee respectfully recommend that a tax shall be levied, collected 
and paid in the manner and form herein annexed : 

AN OKDINANCE 

To levy a Special Tax to defray the Expenses of this Conventio'n and 
preserve the Credit of the State. 

We, the people of the State of South Carolina, by our Delegates in 
Convention met, do ordain. That there shall be assessed and collected by 
the Tax Collectors of the several districts and parishes in this State, in 
addition to the tax already levied, under General Orders No. 139, issued 
from headquarters Second MiUtary District, by Brevet Major General E. 



CONSTITUTIONAL CONVENTION. 153 

B. S. Canby, dated Charleston, S. C , December 3, 1867, commanding 
said District, the folio wing taxes, which shall be collected by the persons 
and at the times, and in the manner prescribed by the said General 
Orders. 

On all real estate 75 cents on every $100, excepting such lands as are 
exempted in article 1st, of said General Order. 

On all articles manufactured for sale, barler or exchange, between the 
first day of January, 1868, and the first day of January, 1869, ten cents 
on every $100, to be paid by the manufacturers. 

On buggies, carriages, gold and silver plate, watches, jewelry and 
pianos on hand or to first day of January, 1868, except when held by 
dealers for purposes of sale, twenty-five cents on every $100. 

From the sale oi goods, wares and merchandize, embracing: all the 
articles of trade, sale, barter or exchange, (the cotton tax of the United 
States excepted,) which any pers.m shall make between the first day of 
January, 1868, and the 31st day of December, 1869, ten cents on every 
one hundred dollars. 

Upon each hai;k, stage coach, buggy, wagon and omnibus drawn by 
two or more horses, there shall be paid a tax of $5 ; and on each dray, 
oart, buggy and express wagon drawn by one horse, a tax of S2 50 ; and 
upon each and every person keeping a dog or dogs, shall pay a tax of 
50 cents. 

And the Tax Collectors, Sheriffs, or any other person whose duty it may 
be to collect, or the Treasurer of the State, whose duty it is to receive, 
shail be liable upi)a their respective official bonds for neglecting or refus- 
ing to collo-it, safely keep, pay over and disburse the same in conformity 
to the order of the Convention. 

Skc. 2. Be it further ordained, That a sufficient amount of the same 
thus realized, is hereby appropriated to refund to the Treasurer of the 
State of South Carolina any sum or sums which may be advanced by the 
order of Brevet Major General E. R. S. Canby, or otherwise, for the pay- 
ment of the per diem, mileage, or other expenses of this Convention. 

Sec. 3. Be it further ordained, That the funds on the credit of the 
State, are hereby pledged for the redemption of bills receivable of the 
State of South Carolina, issued in conformity to an Act of the General 
Assembly of the said State, of December, 1865, and subsequently the 
Act of September, 1866, and also for the payment of the bonds and other 
obligations of the State ; provided, that all obligations created for the 
purpose of aiding the rebellion, and maintaining a hostile government to 
the laws and authorities of the United States are hereby declared to be 
null and void, and shall never be paid by any tax to be imposed upon 
the people of South Carolina. 

Sec. 4. That for the purpose of defraying the current expenses of this 
Convention, the payment of its officers, members and contingent ac- 
counts. Brevet Major General E. R. S. Canby, Commanding Second 
Military District, be requested to issue from time to time, as may be 
necessary, such orders upon the Treasury of the State of South Carolina, 
for the payment of such sums as may be authorized by this Convention, 
in such amounts as may be agreed upon between the President of this 
Convention and the General Commanding, to the officers and members 



154 PROCEEDINGS OF THE 

of this body for their per diem and mileag-e, and for the current expenses 
of the same, and that the amount oi the tax herein authorized to b©' 
levied, shall be placed in the Treasury of the Slate, to reimburse said 
advances. 

Sec. 5. Be it further ordai/ied, That if the taxes levied and assessed, 
under this Ordinance should be in excess of the whole expenses of the 
Convention, it shall be retained in the Trnasui-y, f-ubject to the future 
order and in conformity to the provisions of the Constitution to be adopt- 
ed by this Convention. Should there be any deficiency in tlie sum re- 
quired to be raised by taxation under this Ordinance, to reimburse the 
Treasury for its outlay, the first Legislature which assembles hereafter- 
shall make such further provisions as may be necessary to raise funds 
for this purpose. 

Sec 6. Be it further ordained, That the per diem of the President and 
members of this Convention shall be — President, f 12 ; Members, $9 ; 
8ergeant-at-Arms. $9 ; Secretary, $9 ; Doorkeeper, $6 ; two Messengers, 
each, $4 ; Assistant Sergeant-at-Arms., $7 ; Assistant Secretary, $7 ; 
Engrossing Clerk, $7 ; Reading Clerk, S6 ; Assistant Doorkeeper $5. 

Sec. 7. Be it further ordained, That the mileage of members and ofS- 
cers of this Convention shall be twenty (20) cents per mile to and from the 
Convention, by the usual mail routes. 

Sec. 8. Be it further oi'daijied, That ail payments made, in conformity 
to the several provisions of this Ordinance, shall be upon the authority 
of the President of this Convention, upon the recommendation of the 
Finance Committee. 

Tour Committee would furthermore state that the pay recommended 
per diem might have been less, if there has been no doubt whatever 
about the value of the bills receivable, which is the only money availa- 
ble to meet the present demand ; but your Committee confidently believe 
that if the recommendation of this Convention to guarantee the entire 
amount of the bills receivable is adopted, that the value of such bills 
will be so increased that thej' will go up from 80 or 85 to 90 or 95 cents, 
or even more, as the time draws near, when a considerable portion of 
the tax levied becomes due, and while a discount is allowed for prompt 
payment. [See Sec. 12, General Order No. 139, from which the tax 
recoramended to be levied in this report is a portion.] 

It is believed to be a peculiarly favorable time to put into circulation a 
considerable amount of these bills receivable, inasmuch as one-half of the 
taxes levied by General Order No. 139, referred to, is due on or before 
the 31st day of March next, and the balance on or before the 30th day 
of June next. 

Your Committee could not recommend that a portion only of these 
bills should be secured ; it would, in their opinion, have rendered the 
balance almost worthless. It would, in their opinion, have destroyed 
confidence, weakened credit, and been both unjust and unwise. They 
have, therefore, recommended the guarantee of all the bills receivable 
of the State, issued by the Provisional Government of this State, trusting 
to meet, not only the exigencies of to-day, but the no distant future, by 
bringing these bills into general use, and holding them to their full 
value. 



<'X)NST1TUTI0NAL CONVENTION. 155 

Your Committee could not recommend the sale of them, or any portion 
«of them, at public auction. To pursue such a course, would, in the opin- 
ion of the Committee, be very unwise. They would be bought up solely 
by speculators at a reduced price, the State would sufier, and we should 
be mainly responsible for it. 

We should show that we are willing to take the bills ourselves of 
the State that we make. We may be compelled to sacrifice a small 
amount upon a portion of it for immediate use, but the great bulk of it 
can be carried to jour homes, and not a dollar will be sacrificed. It may 
be urged that the <^onvention should not touch these bills receivable, 
and that they should issue bonds to the amount of $200,000, place them 
upon the market, convert them into greenbacks, and pay the expenses 
•of this Convention. 

There are grave objections to that course, besides this objection, that 
to pursue such a couree would not, in all probability, realize any money 
for at least thirty days, and in all human probability within sixty or 
ninety at least, without a far greater discount than this Convention 
would be willing to inflict upon the value of such bonds, and the conse- 
quent injury it wou'd inflict upon the State of South Carolina. 

It may be urged that the bonds could aai be issued and competent 
business men he entrusted to take them North — say to Boston or New 
Yoric, and negotiate them at the best rate for greenbacks, and that our 
friends — thfjse who are in sympathy with the present plan of recon- 
struction — would loan us the money at 6 or 7 per cent. But your Com- 
mittee believe it is not yet time to take such a step. Northern capital 
has not yet commenced floating Southward for investment. Another 
year of experiment has yet to be tried before there is any reasonable 
hope that it will. 

Such a plan would be unwise and impracticable at the present junc- 
ture of afi'airs. 

And the Committee are, furthermore, of the opinion that such bonds 
would not sell at all in this market, and grave doubts are entertained 
about their selling in any market. 

In addition to this report, your Committee would state that they 
have a communication from Headquarters, Second Military District, con- 
taining the views of the Major-General Commanding, and for the infor- 
mation of this body will read that portion which expresses opinion : 
[^From Headquarters, Second Military District — 21.] 
The law of the United States, of March 23, 1867, limits the Conven- 
tion in providing for the payment of its expenses to "the levy and 
collection of such taxes upon the property of such States as may be 
necessary." 

If the rules established by the tax laws of the State should be fol- 
lowed, and for Convenience and economy in making the levy and collec- 
tion, this course is recommended, the subjects of taxation will be as 
follows : 

1. Eeal Estate valued at $70,507,075 

2. Personal Property (articles of luxury) 2,052,9^5 

$72,560,060 



156 PEOCEEDINGS OF THE 

A tax of one- half on the 1st item will yield — §35,253 53 

And of two and a half will on the same 5,132 44 

Total 840,385.97 

Taxes upon manufactures and upon sales, although as assessed a& 
income taxes, are, in reality, taxes upon property, and may properly be 
included in the levy which the Convention is authorized to make. 

Articles manufactured in 1868, at the estimated value $1,164,314 

Sales of goods, wares, etc., in 1868, at the estimated value 14,582,602 

Making a total of. _ .$15,744,916 

Will yield with a tax of 1 mill __. 15,746,91 

In addition to the foregoing, there are articles of personal property 
subject to specific taxes under existing laws, which are estimated to yield 
at the rates established by these laws as follows : 

5. Dogs.- $20,000 

6. Omnibuses, etc., drawn by two or more horses 1,000 

8. Carts --- 8,000 

Total $24,000 

An additional tax of 50 per cent, upon the first item will 

yield ....$10,000 

Upon the 2d l250 

Upon the 3d 750 

Total $11,000 

KECAPITULAXION. 

1. Tax on Eeal Estate $35,253 53 

2. Luxuries 6,132 56 

3. Manufactures 15,741 96 

4. Dogs, etc.. Omnibuses, Drays, etc 11,000 00 

Total $67,128 05 

Discount for commissions, taxes, etc., 12 per cent $S,055 36 

Leaving for net revenue $59,072 69 

There is, of course, other property subject so taxation under the law 
of March 23, 1867 ; but as the imposition of a tax upon such property 
would involve the introduction of new subjects of taxation, with which 
the people are not familiar, and the necessity of making at great cost 
new assessments, it is not considered expedient to adopt that course. If 
the plan above suggested be adopted, the assessors will only have to add 
the new levy to the assets already made, or about to be made, and the 
collection will come with the collections of the regular taxes. 



CONSTITUTIONAL CONVENTION. 157 

The amount of "bills receivable" now outstanrling is $99,919. It is 
virtually es'^entiai to the credit of the State that this amount should not 
be increased if it be possible to avoid it, and that the issue should be 
absorbed as speedily as possible. Any action of the Convention looking 
towards a repudiation of these bills, or any other of the legitimate debts 
of the State, or any increase in the amount now authorized, or any dis- 
crimination in their application, would have an unfortunate effect upon 
financial credit of the State, and be reflected disastrously upon all its 
people. I cannot see any reason for apprehending, that with an eco- 
nomical administration, the expenses of the State for the current year, 
and of the Convention, may not be met without resorting to any further 
increase, or to any other mode of raising supplies, and I think that as 
soon as these questions have been definitely acted upon by the Conven- 
tion, market value of the " bills receivable" will be enhanced. 

Your Committee have, also, a letter from His Excellency the Governor 
of the State, written in reply to a request for information, which they 
will read : 

Chakleston, S. C, January 25, 1868. 
N. G. Paekek, Esq., 

Chairman Committee on Finance, etc., Cliarleston, S. C. : 

Sir : On ihe receipt of your communication of the 21st, I addressed a 
letter to Wm. Hood, Esq., Treasurer of the State, requesting him to fur- 
nish the information which you seek, with reference to the financial con- 
dition of the State. 

From his reply you will observe that a very small amount of national 
currency is in the Treasury. You will also note that of the $500,000 of 
bills receivable authorized to be issued by Ihe Act of Assemblj- ui Decem- 
ber, 1865, there has been printed only -$390,000. Of this amount but 
$222,000 has been "signed, registered and carried to cash for circulation," 
and there is now in the vault of the Treasury in these bills receivable 
$122,081, which leaves the outstanding circulation $99,919. 

The unpaid taxes of the State, whereon executions are now in the 
hands of various Sheriffs, will reach about $130,000. What amount of 
these executions can be made available, I am not prepared to say. 

If the Convention should consider it expedient to make any pledges 
for the redemption of these bills receivable, in connection with the debt 
of the State existing before the war, it would, in my judgment, materially 
appreciate their value, and bring them nearly up to par. The tax order 
issued by Gen. Canby will, if faithfully executed by the different officers 
in the State, yield about $330,000. If these taxes are collected, all of 
the bills which every month may be required to be issued to carry on 
the civil government of the State, will be absorbed by these taxes and 
returned to the Treasurer. 

There is no good reason why these bills receivable are now at so great 
a discount. 

I have the honor to be. 

Your obedient serv^ant, 

JAMES L. ORE, 
Governor of South Carolina. 
21 



158 PROCEEOrNGH OF THE 

The Ordinance Mas read by its title, and on motion of Mr. E. W. M, 
MACKEY, was ordered to be printed, and made the special order for 
one o'clock Tuesday. 

The PRESIDENT. I beg leave to make a personal explanation, with 
a view of preventing debate on this subject hereafter, in reference to the 
pay of the President, referred to in the above Ordinance. When first 
nominated by my constituents of Charleston as a delegate to this Con- 
vention, I made a determination from which I have not seen any cause 
to deviate. As an officer of the Government of the United States, I 
receive compensation for my services. I do not think it right and pro- 
per, therefore, to receive any compensation for services while acting Presi- 
dent of the Convention. 

I beg leave therefore, to state that it is my fixed and unalterable 
determination to receive no compensation from the Convention for my 
services, either as President or delegate. 

Dr. L. B. JOHNSON called for the Special Order, namely : "An Ordi- 
nance to divide Pickens District." 

Mr. J. J. WRIGHT moved that the Special Order be indefinitely post- 
poned. 

Dr. L. B. JOHNSON called for the ayes and nays, which was sus- 
tained. 

The PRESIDENT stated the question to be on the indefinite postpone- 
ment of the consideration of the bill which would have come up for its 
second reading. 

The Secretary called the roll, which resulted : ayes 38 ; nays 79. 

Mr. E. W. M. MACKEY. I desire to offer the following substitute : 

AN ORDINANCE 
To divide Pickens into two Election and Judicial Districts, or Counties, 

ax the case may be. 

We, the people of South Carolina, in Convention assembled, do declare 
and ordain, and it is hereby declared and ordained. That it shall be the 
duty of the Legislature, at its first session, held in pursuance of the 
new Constitution, to enact the necessary laws for submitting the ques- 
tion of division of Pickens Di&trict to the people of said District. And 
in case the question is decided in favor of a division, the Legislature 
shall then enact the necessary laws for the division of Pickens District : 
Provided, that the people of said District are willing to bear the expense 
of the division. 

Mr. T. J. ROBERTSON. I move to amend by striking out of the 
original Ordinance all of sections 2d, od, 4th, and a part of section 5th.. 
so that the 5th section may become the 2d, and read, "That it shall be 



CONSTITUTIONAL CONVENTION. 159 

the duty of the Legislature that shall assemble bj' authoi'ity of the Con- 
stitution adopted by this Convention, at its first ses'^ion, to perfect the 
division and complete the organization of the said Districts of Pickens 
and Oconee, as well as the other Judicial and Election Districts of the 
State." 

Mr. ROBERTSON. This amendment simply gives the power to the 
Legislature to divide the Districts whenever the inhabitants of a District 
consent. 

Mr. J. M. RUTLAND. I would state for the information of the Con- 
vention that the Committee on the Legislative part of the Constitution 
have had under consideration a section in relation to this matter, not for 
Pickens alone, but for the whole State of South Carolina. The proposed 
section will enable the Legislature to make a new division in any Dis- 
trict wherever necessary, limiting each District to a certain number of 
square miles. It seems to me these motions to divide single Districts 
consume the time of the Convention unnecessarily, when a single section 
of the bill from the Committee on the Legislative Department may 
embrace the whole State. I suggest to the gentleman who introduced 
the Ordinance to withdraw the matter, and let it come up when the 
question of re-districting the State is discussed. 

Mr. E. W. M. MACKEY. The substitute introduced by myself is 
intended as a compromise, making it the duty of the Legislature to di- 
vide certain Districts. It will make it incumbent upon the Legislature 
to divide Pickens District. 

Mr. J. J. WRIGHT. Is it intended to incorporate this Ordinancn 
into the Constitution ? I merely ask for information, as I have never 
seen a Constitution composed of Ordinances. 

Mr. E. W. M. MACKEY. It is intended whenever the Constitution 
is submitted, to submit the Ordinances attached to it. 

Mr. J. M. RUTLAND. I am not opposed to the division of Pickens 
District, but as I believe we can dispose of the matter with so much more 
ease when it comes up to be voted on by sections in the Constitution, I 
move that the whole matter be laid on the table. 

The PRESIDENT. The question will be upon passing the Ordi- 
nance to a third reading. If the Convention objects, and votes against 
passing it to a third reading, the Ordinance goes to the wall. 

Mr. T. J. ROBERTSON. If a majority of the people of Pickens Dis- 
trict agree to this division, and are willing to pay the expenses of erect- 
ing a new Court House in the new District, 1 think we should act upon 
it at once. 

Mr. A. C. RICHMOND. I have taken some pains to look over the 



leO PROCEEDINGS OF THE 

map, and certainly sympathise with the people of that District, as they 
are compelled to walk up one side of the mountain to get to Court, and 
down the other side to get home. The District is lar^e enough to be 
divided, and I see no reason why it should not be done, and the act go 
immediately into operation. 

Mr. B. F. RANDOLPH. We are sent for a specific purpose, but 
there are other duties which come properly within our legislative powers, 
and which I hope we shall perform. The people of the State are un- 
doubtedly looking to us to do whatever is legitimate for us to do to help 
them. The delegates from Pickens District, tell us that the people of 
that District implore the Convention to divide it for their welfare. If 
we can do it legitimately, I see no other reason why we should not act 
now upon the matter, and not postpone it. I do not wish this power of 
dividing Districts taken out of the hands of the Legislature. On the 
contrary, I hope it will be invested with it. But the Convention can also 
listen to a petition of citizens, and if they desire to divide their District, 
we should not turn a deaf ear to them. I shall vote for the division. It 
is a matter really of internal improvements, and I am in favor of doing 
all in our power to advance internal improvements in any part of the 
State. 

Mr. T. J. ROBERTSON called for the previous question, which was 
sustained. 

The question being put on the amendments and substitute offered, they 
were not agreed to. 

The PRESIDE VT then put the main question, " Shall this Ordinance 
be engrossed for a third reading." 

Dr. L. B. JOHNSON. I call for the yeas and nays on that question. 

The call was sustained, and on the call of the roll, resulted yeas 65, 
nays 49. 

On motion of Mr. E. W. M. MACKEY, the third reading of the Or- 
dinance was made the Special Order for Wednesday at one o'clock. 

Mr. E. W. M. MACKEY offered the following resolution : 

Resolved, That a clause be incorporated in the Constitution providing 
that hereafter in the sales of all lands, either for taxes or under execu- 
tions, or other final process, of any Court issued for the collection of 
debt, the lands saall be sold in tracts not exceeding one hundred and 
sixty acres, so that the opportunity of purchase may be extended to all 
classes of the community whose industry and frugality will enable them, 
to obtain a home. 

Mr. R. C. DeLARGE called the previous question, whioh was not 
sustained. 

Mr. T. J. ROBERTSON. I must express my sui-prise at the course 



CONSTITUTIONAL CON VENT tON. 161 

adopted by some members of this house. They seem disposed to spring 
important measures upon the house for action, and rush them through 
by calls for the previous question, without giving the Convention an 
opportunity scarcely to know what is being voted upon. Such a resolu- 
tion as that should be referred to the appropriate Oommittee. It involves 
the interests of thousands of people of the State, and to attempt to pass 
it through without argument or reflection is a matter of not only surprise, 
but amazement. 

Mr. R. C. DeLAEGE. I am more than surprised to find a gentleman 
upon this floor entertaining such a trifling opinion of the intelligence of 
the members of this body as to suppose for one moment that they could 
not understand a simple resolution like the one just offered. I am the 
more surprised at the obj edition coming from the quarter it does. The 
resolution simply proposes that in all sales of lands to be made hereafter 
under execution for taxes, those lands be divided into small tracts to 
enable poor, frugal, industrious men to purchase homes. I did not think 
a single member of the Convention could object to such a proposition. 

Mr. T. J. ROBERTSON. The member, from his remarks, appears to 
think I am opposed to the measure. That is not my objection. My 
objection is to the hasty manner in which it was attempted to be rushed 
through the Convention without due consideration. 

Mr. R. C. DeLARGE. I had supposed that every member had made 
up his mind on this matter, and was ready to vote upon it. I do nob 
see, therefore, what is to be gained by argument. The resolution does 
not propose to take away the rights of any man. We all know that 
tracts of land sold in small divisions will be more speedily bought up and 
realize better prices than when sold by thousands of acres. This is a 
measure to benefit poor men, and benefit future generations. I believe 
the member himself is in favor of such a proposition, for he has fre- 
quently expre.ssed a desire to alleviate the condition of the poor, honest 
people of the State. I trust the resolution will pass. 

Mr. E. J. MOSES, Jr. As far as I am individually concerned, I am 
not opposed to the resolution. But I do think it would be dangerous to 
rush through such a matter which has b( en sprung upon the house with- 
out a reference to some proper Committee. 

Mr. F. L. CARDOZO. I concur vsdth the view of the member from 
Richland (Mr. ROBERTSON.) It would seem as if a few here desire 
to assume all the powers of the government of this body. One offers a 
resolution and the other jumps up and moves the previous question. 
Such extraordinary action ought to be discountenanced by the house. 
Let us have at least twenty-four hours to think on matters brought be- 



162 • PROCEEDINGS OF THE 

fore the Convention. I am in favor of a hoBaestead law, such as thaft 
proposed by the gentleman from Beaufort (Mr. WRIGHT) exempting- 
one hundred acres, bvit not in favor of the other measure passed here 
Saturday, by which a landholder can save eighty thousand acres. 

The PRESIDENT. I have the pleasure of introducing^ to the- house 
Major J}. T. Corbin, District Attorney of the United States, who comea 
as your invited guest. 

Major Corbin on being introduced, said : 

Gentleman of the Conventian : I come here as a casual visitor and not 
to make any lengthy remarks, but simply to thank you for the honor you 
have conferred upon me in electing me one of your Solicitors. Hoping 
that you may frame a Constitution that will naeet the approval of your 
State and country, and be successful in restoring the State to the Union, 
I wish you God speed. 

The debate on the question before the house was resumed. 

Mr. T. J. ROBERTSON. The member from Charleston has misun- 
derstood my position. I will go further than the mover of the resolution 
now before the house. I propose, at the proper time, to offer a substi- 
tute and divide aU. saleable lands into eighty acres instead of one hun- 
dred and sixty, thus affording a still better opportunity to the poor man 
to purchase a homestead. But I am opposed to all hasty legislation. 

Mr. A. J. RANSIER. I may agree, after sufficient time to consider 
it, to favor the resolution now under discussion. I appreciate the dis- 
tressed situation of the people of this State, and yield to none in the 
desire to relieve them by any legitimate action we may take. But I 
must protest against any member introducing such important matters, 
and before this body has had time to consider it, move the previous ques- 
tion. Like many others who voted in the negative last Saturday, I have 
bee a put in a false position. I would have favored the measure that 
passed Saturday, could I have seen in it a measure that really would 
benefit the people of the State. But I believed at the outset, it was 
wrong in principle and practice. I would have favored it could I have 
believed that it would benefit the people of South Carolina as a whole or 
a respectable majorit} . I believed it wrong in principle, as having a 
tendency to impair the obligations of contracts. I also believed the 
Commanding General had done what was necessary amd proper, and we 
were, therefore, wasting the time of the Convention in useless discussion. 
I protest, however, against :he application of the gag law, which has 
been attempted in this body. I trust every member who desires to define 
his position, or speak upon any measure before the house, will be allowed 
the opportunity to do so, and no further attempts made to quash legiti- 



■CONSTITUTH'^IS; AL COXVENTtON. ' 1«J3 

ms,te debate by tb^e use or misuse of the gag law. I hope the resolution 
will be referred to a Special Committee to report to this house. 

Mr. W. B. NAlSH. I hope the resolution will pass, and allow the 
gentlemen who have repented ol the sin they committed last Saturday, 
to at least give poor people a chance to divide lauds what they then, by 
their votes provided, shall not be sold. I llaink it would be in such good 
taste for them to sustain this measure. I am in favor of the amendment 
making it eighty acres as a matter of policy, and to oblige the gentleman 
who offered the resolution, I will vote for it, and hope the vote will be 
taken at once, as it is a matter of great importance to some of the mem- 
bers that it should be done, I believe every member of the Convention 
perfectly appreciates the position of those repentant gentlemen. Perhaps 
it would have been better for the mover ii" he had provided that una 
hundred and sixty acres should be sold as soon as possible. The Con- 
vention on Saturday passed a resolution requesting General Canby to 
prohibit the sale of lands under execution for debts, for three months, 
yet we find the friends of that measure introducing a resolution to-day, 
to sell the same land iu small lots of one hundred and sixty acres. 

Mr. R. C. DeLARGE. Will the gentleman from Richland allow me 
the floor for a few words. 

Mr- NASH. No, sir, I cannot. I think the gentleman from Charles- 
ton occupies the floor too much altogether. I want to see the land sold 
in small parcels. If sold now, they would be sold in immense tracts. If 
we pass the resolution, making it obligatory upon the Legislature to 
provide in the Constitution that these tracts shall not be sold in lots of 
more than one hundred and sixty acres, I do not think the freedman or 
the poor man, when they are sold, will get any opportunity to pur- 
chase ; and the capitalists or land monopolists cannot, of course, buy but 
one hundred and sixty acres in a lot, but may take as many lots as he 
desires. I do not see the necessity of referring this resolution to any 
special or regular Committee, and believe the majority are ready to adopt 
it immediately. 

Mr. D. H. CHAMBERLAIN moved to amend by adding, "And that 
General Canby be earnestly requested to enforce the foregoing provision 
in all forced sales prior to the adoption of the new Constitution." 

Mr. C. P. LESLIE. I always like to keep perfectly good natured. 
The delegate from Charleston (Mr. DeLARGE) on several occayions, has 
deemed it proper to move che previous question, and I do not kuow why 
any of the old fogies in the Convention should object. There is some- 
thing so pecuharly graceful about his manner and the style in which he 
urges it. Besides, everybody knows that he understands parliammiary 



101 PROCEEDINGS OF THE 

tactios better than any one else on the floor, and consequently more capa- 
ble of pressing his points. After all, the man that has the money 
will get the land. It has always been so, and always will be so. There 
are some men who want to incorporate into the Constitution, a provisiort 
fixing the prices of labor. The demand for labor will always govern its- 
price, and it is exactly so with regard to the side and purchase of lands. 
All these propositions appear simply to gain some eclat with poor 
people. I unfortunately run a plantation once in my own Disbict 
(Barnwell), did it as well as I could, and ought to know something about 
the subject. I carried it on as extensively as any one in my District 
Poor land seldom produced more than six bushels to the acre, and un- 
less this land was fenced, it was not worth much. I do not think one 
hundred and sixty acres are enough for a poor man. It is all gammon 
for the gentleman to talk about the poor, for it does not amount to one- 
cent. I move that the resolution be referred to the appropriate Com- 
mittee. 

Mr. W. J. WHIPPEE,. I certainly am not prepared to vote upon 
this matter, and hope it will be referred to the appropriate Committee. 
One gentleman has said they should vote on this resolution immediately^ 
because it was necessary for those who supported the resolution Satur- 
day to do something for the poor man. I feel bound to say that in 
voting on that resolution, the expression on either side was simply a 
matter of opinion ; but I feel confident that we did more for the poor 
man in that expression of opinion than was intended ic; the other 
measure, which was then also adopted. But I desire to see this resolu- 
tion referred, so that the Committee can deliberate upon it, ascertain 
how it would effect the Constitution of the United States, and make 
their report. The Convention would then consider it, and, with all the 
light before them, vote intelligently. But to spring matters of this kind 
on the Convention, and effect a decision by a snap vote, is certainly 
unusual, and is adopting a course that may make us do many things of 
which we will be ashamed hereafter. 

Mr. J. J. WRIQHT. I concur with the gentleman who has just 
taken his seat, and hope the resolution will be referred. The call for 
the previous question, and the effort made to rush this matter through, 
was as much a source of surprise to me as to any other member in the 
house. It is a question of some importance, and requires due consid- 
eration. I do not desire to refer to the action of Saturday, but I do 
wish to say that we do contemplate incorporating into the Constitution a 
homestead provision, and it is, therefore, all the more necessary that all 



CONSTITUTIONAL CONVENTION. 165 

resolutions of this character should go to a Committee to consider and 
recommend what action should be taken by the House. 

Mr. F. L. CAE.DOZO. I move to amend the resolution by striking 
out " one hundred and sixty," and inserting " fifty." 

The amendment was not agreed to. 

Mr. E. W. M. MACKEY moved that the resolution be referred to a 
Special Committee of five, to report on Thursday morning. 

The motion was not agreed to, and the P RESIDENT decided that the 
resolution be referred to the Committee on Miscellaneous Provisions of 
the Constitution. 

Mr. B. F. WHITTEMOEE offered the following, which was referred 
to the Committee on Petitions : 

Whereas, the general distress of the people of this State demands 
the sympathy and consideration of this Convention, which can in no 
wise be expected to enter into a measure of relief for a class ; and. 

Whereas, thousands of laborers of this commonwealth are sufiering 
for the actual necessaries of life, and have been compelled on account of 
the claims which their employers held against them, to turn over the 
entire proceeds of their toil for the year 1867 ; and. 

Whereas, many have not been paid their honest dues, which the con- 
tracts they entered into defined since the close of the war ; and, 

Whereas, a certain resolution has been passed by this body calHng for 
a suspension of the collection of certain debts that only benefits the . 
property holders of the State, therefore 

Resolved, That this Convention most respectfully requests Brevet 
Major-General Edw. E. S. Canby, Commanding General of. the Second 
Military District, to stay the further withholding of such portions of the 
crops as the laborers are entitled to by the terms of their agreements ; 
also, that all notes or obligations given for labor shall be settled at 
once ; also, that no debts shall be collected from the laborers which they 
may owe their employers, or others, for four months from the date of 
the ratification of the Constitution which this Convention may adopt. 

Mr. E. B. ELLIOTT offered the foUowing : 

Resolved, That the Legislative Committee, to whom was referred a 
resolution for the formation of a new Judicial District, out of the con- 
tiguous portions of Barnwell, Edgefield, Lexington, and Orangeburg 
Districts, be instructed to report thereon on Wednesday next. 

Before taking the question, the hour of three having arrived, the 
Convention adjourned. 



22 



166 PROCEEDINGS OF THF5 

Tiie;»day, Jannary SS, 1868. 

The Convention assembled at 12 M., and was called to order by the 
PEESIDENT. 

Prayer was offered by Eev. ISAAC BEOCKENTON. 

The roll was called, and a quorum answering to their names, the 
PEESIDENT announced the Convention ready to proceed to business. 

The journal of the preceding day was read and approved. 

Mr. E. W. M. MACKEY rose to make a personal explanation. I de- 
sire to express to the Convention my regret that on yesterday I so far 
forgot myself as to make an assault upon a certain individual after the 
adjournment, within the bar of the House. I have to offer as my excuse 
the excitement under which I labored after reading a series of base 
falsehoods uttered against my father, and contained in the columns of a 
dirty, scurrilous and infamous journal of this city. But while apologiz- 
ing to the House for this infringement of its privileges, I have no regrets 
to offer to the low individual whom I justly chastised. 

On motion of Mr. L. 8. LANGLET, the apology of the delegate from 
, Orangeburg was received. 

Mr. J. M. EUTLAND, of the Legislative Committee, made a report 
recommending that the resolution in reference to the qualifications of 
voters, and referred to that Committee, be referred to the Committee on 
Franchise and Elections, and asking that the Legislative Committee be 
discharged from its further consideration. 

The report was adopted. 

Mr. B. F. EANDOLPH made a majority report of the Committee on 
Miscellaneous Matters, in reference to the petition to Congress for the 
continuance of the Freedmen's Bureau. The Committee recommend 
that the Convention petition Congress to continue the Bureau until the 
restoration of the Civil Government ; also that a Bureau of Education 
be established as soon as practicable. 

Mr. L. BOOZEE made a minority report of those members of the 
Committee dissenting from the above, for the reason that they are una- 
ble to perceive the propriety of the proposed application, as before the 
time for the propose discontinuance of the Bureau by Act of Congress, 
namely, 16th of July, 1868, in all probability the Constitution and Civil 
Government will be adopted and established in this State ; and it seems 
to be admitted by all that after that has been effected, this Bureau will 



CONSTITUTIONAL CONVENTION. * 167 

be unnecessary. Such is understood, also, to be the opinion of General 
E.. K. Scott, Assistant Commissioner. If the eflPort now being made to 
frame a Constitution and Civil Government shall fail. Congress will pro- 
vide for the emergency. 

The minority of the Committee, however, concurred with the majority 
to recommend the establishment of a Bureau of Education. 

On motion of Mr. J. J. WRIGHT, the reports were made the Special 
Order for one o'clock We?tnesday. 

The PRESIDENT read a letter of resignation from Mr. JOHN K. 
PERRY, a delegate elect from Colleton, stating that unforseen circum- 
stances compelled him to resign, and that it would have afforded him 
great pleasure to have assisted in framing a Constitution for the State of 
South Carolina. He hoped the Convention would not, one moment, 
think he was not with them in spirit, and felt confident that the good 
material of which the Convention was composed would do credit to them- 
selves, and frame a Constitution they should all be proud of. 

The letter was received as information, and the resignation accepted. 

The PRESIDENT also read a telegraphic dispatch from Mr. M. M. 
JOHNSON, Sergeant-at-Arms elect, returning his grateful thanks for the 
honor conferred upon him, but stating that, owing to sickness in his 
family, he would not be able to serve. 

Mr. Y. J. P. OWENS moved that the President be authorized to 
appoint a Sergeant-at-Arms. 

Mr. F. L. CARDOZO moved to amend by authorizing the Finance 
Committee to take charge of all financial affairs of the Convention, includ- 
ing the pay of members, &c. 

Mr. N. G. PARKER said as they had got along very well thus far 
without a Segeant-atArms, and as they had an Assistant Sergeant-at- 
Arms, he seconded the amendment that the finances of the Convention 
be left to the Finance Committee. 

The amendment was adopted. 

Mr. D. H. CHAMBERLAIN offered the following : 

Resolved, That the Secretary of the Convention be, and is hereby 
directed, to cause to be printed and distributed upon the tables of the 
members of the Convention, each morning, one hundred and fifty 
copies of the Journal of the Convention for the preceding day's ses- 
sion. 

Mr. C. P. LESLIE. I regret that I am compelled to say a word 
upon this resolution. I do not rise for the purpose of saying anything 
funny oi ridiculous, but I am not aware that any such resolution was 
ever entertained by a body that was of a legislative character. I have 



168 " PROCEEDINGS OF THE 

heard so much, both inside and outside of this hall, in regard to the 
contract by the printer, that, though personally friendly to the gentle- 
man who has the contract, I cannot go out of the usual routine adopted 
by legislative bodies for the purpose of adding to the expenses of the 
people of the State. 

Mr. E. W. M. MACKEY. I desire to correct the statement made by 
the gentleman from Barnwell, that it is out of the usual routine for legis- 
lative bodies to have the journals of their proceedings printed. I think 
the gentleman is entirely mistaken. It is always customary for legisla- 
tive bodies to have their daily journal of proceedings printed, and if it 
is not done by this Convention, it will be an exception. 

Mr. J. J. WEIGHT. I agree with the gentleman from Barnwell, 
that it is wholly unnecessary, and I was going to say, supremely ridicu- 
lous. The expenses of this Convention will be a heavy drain upon the 
pockets of the people of the State, and I hope we shall act both wisely 
and judiciously. I would favor the printing of the journal did I not 
consider it totally unnecessary. There are not ten members, perhaps, 
who would read the journals if printed. We have a reading clerk and 
a Secretary who reads the journals. Every delegate, therefore, who 
wishes to know his standing on any question, can have the journal 
read. 

Mr.'N. G. PAEKEE. I differ with the gentleman entirely. I think 
it is necessary to have the journals printed. I hope we shall have not 
only the journals regularly printed, but also the proceedings of each day 
we have already been in session. We have just dispensed with the 
services of a Sergeant- at- Arms, and this expense of printing will be 
comparatively light. 

The question being taken on the original motion to print one hundred 
and fifty copies, it was adopted. 

The Special Order, "An Oidinance to levy a special tax to defray the 
expepses of this Convention, and preserve the credit of the State," was 
taken up. 

Mr. PAEKEE, Chairman of the Committee on Finance, begged leave 
to make some corrections in the printed Ordinance. Instead of seventy- 
five cents on every hundred dollars of real estate, it should have been 
seven and a half cents on every hundred and one- fifth per cent, on every 
hundred dollars of manufactured articles. He also proposed to exempt 
from this tax all hacks and other vehicles, these being already overtaxed 
in the city. 

Mr. J. M. EUNION moved to strike out the tax on dogs. 

Mr. N. G. PAEKEE. I move to amend as follows : "That each and 



Oil 

CONSTITUTIONAL Cr»NVENTION. 169 

every person that keeps a dog or dogs shall pay a tax upon every dog or 
dogs in excess of one for each family." 

Mr. W. J. WHIPPEE. I move that the Ordinance, with the amend- 
ments, be recommitted to the Committee, to report ia half an hour. 

Mr. WM. McKINLAY. I move to amend by requiring the Committee 
to report at 12 o'clock to-morrow. When the Ordinance was first read I 
was under the impression that the taxes assessed was a per centage 
upon the tax assessed by General Canby. But upon reading the paper, 
I found that seventy-five cents upon every one hundred's worth of real 
estate is to be collected. This I consider excessive and disproportionate 
to the tax upon other property. I think the Ordinance had better be 
recommitted. The Committee may find- other taxes levied in unequal 
proportions. 

The question being on the motion to recommit, it was not agreed to. 

The next question was on the motion of the delegate from Greenville 
(Mr. J. M. EUNION) to strike out the provision for a tax upon dogs. 

Mr. N. G. PARKER. If we strike out the tax on dogs we reduce the 
amount proposed to be raised by the Ordinance ten thousand dollars. 

Mr. J. K. JILLSON moved to strike out "fifty" and insert "one 
dollar." ■ ''"' ^'^ 

Mr. J. M. RUTLAND. This tax is to bi^ levied upon property. I 
submit that dogs, in a general sense, are not property. 

Mr. B. 0. DUNCAN. I think a dog quite as much property as a cow, 
horse, or any other property. There is no tax more proper than a dog 
tax. In the country we have too many dogs, and levying a high tax 
may rid us of some very worthless animals. 

Mr. A. BRYCE. Will my friend take the dogs for the taxes ? 

Mr. NEAGLE moved to lay all the amendments on the table, with the 
exception of the amendment offered by the delegate from Barnwell (Mr. 
PARKER), to tax all dogs in excess of one. 

The question was taken on the motion of the delegate from Greenville 
(Mr. RUNION) to strike out the tax on dogs, which was agreed to. 

Mr. E. W. M. MACKEY moved to amend by striking out "two and a 
half" and inserting "ten" cents in the eleventh line of the Ordinance, so 
as to make a tax of ten cents on every hundred dollars' value of 
watches, jewelry and pianos. This increase would make up for the loss 
of the tax which had been calculated to be raised on dogs. '' 

Mr. N. G. PARKER. I desire to know how much money that woiild 
raise. It is a matter of considerable importance to the Committee to 
know in what manner they are to raise the $75,000 called for by the 
Ordinance. Their earnest desire is to raise it in the most equitable man- 



IW PROCEEDINGS OF THE 

» 
ner possible. The clog tax just stricken out was suggested by General 
Canby, and was estimated to raise $10,000. The rate of taxation , im- 
posed on personal property will give $5,132; making it five cents addi- 
tional on every hundred dollars will make it $10,000, and cover the defi- 
ciency from the dog tax. 

Mr. B. F. WHITTEMOEE moved to reconsider the vote on striking 
out the dog tax, and to insert that each and every person keeping a dog 
in excess of one shall pay a tax of fifty cents. It was evident that the 
Committee had given this ordinance a great deal of attention, and if t^ey 
attempted to mutilate it they would certainly have to recommit it to the 
Committee. 

The motion to reconsider was agreed to. 

Mr. H. E. HAYNE moved to amend by inserting one dollar as the 
tax on dogs instead of fifty cents. 

Mr. W. E. JOHNSON moved to lay the amendment on the table, 
which was agreed to. 

The amendment proposed by Mr. E. W. M. MACKEY, in the 11th 
line, relative to the tax on gold watches, jewelry, etc., was laid on the 
table. 

Mr. J. J. WEIGHT. If we make a tax of fifty cents on every person 
keeping a dog, the tax will not be collected, because the people will kill 
their dogs. I believe 25 cents amply sufficient. 

Mr. J. M. EUTLAND. I would Hke to ask the Chairman of the 
Committee on Finance, whether the tax proposed is two and a half per 
cent., or two and a half cents on every hundred dollars worth of prop- 
erty. Some gentlemen read one way and some the other. It makes a 
very wide difference. 

The PEESIDENT. As the bill stands before the Chair, it reads two 
and a half cents. 

Mr. N. G. PAEKEE. It should be two and a half per cent. 

Mr. B. F. WHITTEMOEE. I hope the clause taxing dogs will be 
retained. I do not propose to put a tax upon the guardian of a house, 
but upon all unnecessary dogs. 

The motion to retain was agreed to. 

Mr. C. P. LESLIE asked the Chairman of the Committee on Finance 
the estimated value of real estate to be levied upon in the State, and 
how much they expected to realize from the tax. 

Mr. N. G. PAEKEE said it was intended to raise $52,505.29. 

Mr. L. S. LANGLEY moved that the report be recommitted to the 
Committee. 

Mr. E. C. DeLAEGE moved that it be made the Special Order for 
half-past one o'clock Wednesday. 



CONSTITUTIONAL CONVENTION. v I'yi 

Mr. A. J. RANSIEE, moved that the Committee report the amount 
expected to be raised upon each species of property. 

Mr. N. Gr. PARKER. This has already been given in the full report, 
which has appeared in the newspapers. 

Mr. C. P. LESLIE. I move that the subject be made the Special 
Order for one o'clock to-morrow. 

The motion was agreed to. 

The Ordinance defining the pay and mileage of members and officers 
of the Convention was next taken up. 

Mr. J. S. CRAIG. I suggest the propriety of postponing action on 
this Ordinance until we can ascertain what kind of money we are to 
receive. If we are to be paid in a depreciated currency, we ought to 
have a very liberal per cent. I move, therefore, that the subject be 
postponed until after the Ordinance providing the means of raising funds 
for the Convention be acted upon. 

Mr. T. J. ROBERTSON. I hope that motion wiU not prevail. The 
Finance Committee have looked over the whole ground, and could find 
no other means ef raising money to pay the expenses of the Convention, 
but by endorsing the bills receivable of the State. Some of the mem- 
bers report that they are now much distressed, and in need of money. 
That being the case, the quicker they acted upon this Ordinance the bet- 
ter for these members. This Ordinance could be acted upon separately. 
According to the Ordinance, the members were to be paid nine dollars 
per day. The present discount on the bills receivable of the State is 
about "20 per cent., making the real value of the per diem of the members 
seven dollars and twenty cents in greenbacks. Very few members spend 
daily more than one-third of that amount The balance, by carrying it 
home and circulating it through the country, would furnish a medium 
for paying taxes, which would increase their value perhaps fifteen per 
cent., leaving only a discount of five per cent, to the members. There 
was now $99,000 outstanding bills receivable. $390,000 have been 
stricken off to this date, of which $222,000 only have been signed and 
carried to cash account. The amount on hand is reported to be $122,000 
The amount of unpaid taxes in the hands of the Sheriffs for collection is 
$130,000. General Canby's order requires the raising of $330,000, and 
the sum to be raised by the Convention is estimated at $70,000, making 
a total amount of $530,000 to be raised by taxation. Should all the 
taxes be paid, they will not only absorb all the bills receivable author- 
ized by the Act of the Legislature in 1865, but in addition $30,000 in 
United States currency or greenbacks. 

It has been proposed to issue bonds to the amount of $200,000 and 



l-yji PROCEEDINGS OF THE 

sell them. I have consulted with some of the best financiers of the 
State and city, and, in their judgment, these bonds would not sell at 
any price. They would not bring five cents on the doUar. 

Mr. G. PILLSBUEY. I conceive a very great propriety in the sug- 
gestion made by the gentleman from Colleton. I think I may safely 
pledge that most of the members of this Convention will be perfectly 
satisfied, if his Excellency Gov. Orr, in connection with the Commanding 
General, guarantees us $5 a day in greenbacks. ;; 

Mr. T. J. EOBERTSON. I will advance the gentleman $5 a day in 
greenbacks for his $9 per diem in bills receivable. 

Mr. G. PILLSBUEY. The difficulty with me is, what effect the 
action of this Convention in relation to the bills receivable of the State, 
will have upon the community or upon the inhabitants of the State. 
Prom what little experience I have had, I know they are unfavorably 
regarded. Occasionally through mistake. I have received State bills, 
and I have carried them in my pocket until nearly worn out. I have 
presented them to various merchants upon the streets, and' they have 
invariably refused them. If I had faith in the predictions of the gen- 
tleman from Eichland (T. J. EOBEETSON), I should favor the amount 
per diem ai it is fixed, running the risk of the per centage. But it is 
my candid opinion that any action of this Convention, endorsing those 
bills by fixing their per diem and mileage in bills receivable, will have a 
tendency to still further depreciate that currency. Let us wait until we 
can ascertain what these bills will bring in the market, and then we can 
establish a just per diem. 

Mr. T. J. EOBEETSON. It is impossible for these bills to ga as low 
as the gentleman thinks, for the Provisional Government under which 
we are Hving have legalized these bills ; the Governor and General Canby 
recognizes them, and the Convention by its action will strengthen these 
bills. We provide for twenty per cent, discount in our estimates. 

Mr. N. G. PAEKEE. I desire to state in behalf of myself and the 
Committee of which I am Chairman, that no motives of self-considera- 
tion governed them in the conclusions to which they came. Personal 
considerations alone would have led them to different conclusions. Nor 
does your Committee make any pretensions to a higher regard for the 
welfare of the State, than other members of this body. They do, how- 
ever, regard the credit of the State of paramount importance, and 
believe that this Convention should do whatever they can to improve 
and maintain it. We cannot afford to let it suffer. The Constitution 
that we shall adopt will become the organic law of the State. The 
expenses of the State Government, it is fair to presume, will be greatly 



CONSTITUTIONAL CONVENTION. l^g 

increased. The cause of education alone will add greatly to it. We 
who make the Constitution are deeply interested in advancing this cause, 
for upon this rests our hope of perpetuating the Government we ordain. 
To realize the greatest practical benefit from the new Government we 
create, we must adopt such measures as will sustain such Government. 
I trust every member of this body realizes this important fact. We are 
not legislating for to day. If we were, and had no higher object in 
view than to complete the work before us, and to get as large a sum as 
possible for it, we might pursue a very different course. But no 
plan has yet suggested itself to us, nor has any plan been recom- 
naended to us, whereby a sum sutficient to meet the requirements 
of this Convention could be realized in greenbacks in such time as 
your wants demand. Were it a question of time and money merely, 
and the course might be pursued, a tax might be imposed and collected 
in greenbacks, but while you are waiting for it, you might suffer worse 
than you possibly can by the mode we recommend. No tax could be 
assessed and collected at once. It is true, we have the power to levyi 
and collect, but it takes time. It would be most unwise and injudicious 
it seems to me, to assess a tax of $75,000 upon the property of the State 
and attempt to force the collection of it in an unreasonable bhort period. 
Four months would be a short period. We cannot afford to use harsh 
measures, even to collect a tax, in the peculiar condition of our unfortu- 
nate people. Supposing we should not pass this measure, pledging the 
faith of the State fur the payment of her debts, and guaranteeing the 
bills receivable, and adopt the latter course of levying and collecting 
a tax in greenbacks, how then should we stand in the future ? Where 
would the money come from and how to meet the expenses of the Legis- 
lature ? 

This is a question which concern us. We should prepare for it, unless 
we do, they will be in precisely the same condition as we are now. Only 
they will want a far greater sum, for no one will doubt for a moment 
but that they will want, to meet their expenses, nearly double as much 
as this Convention. Some people ask why not issue bonds and borrow 
the money ? I answer this cannot be done by the authority we have. 
When we are a Legislature, we shall have the authority. Then we can 
make the attempt. Let us first do what we can to establish the credit 
of the State. The very first Legislature that we have may be compelled to 
do it. To do so, or to attempt it now, would be a failure. I do not be- 
lieve that we could get ten cents on a dollar for any bond that we could 
make now, nor until after the Legislature should legalize an act. Where is 
the authority of the Convention to issue bonds and to dispose of them 
23 



I7i PROCEEDINGS OF THE 

for greenbacks ? Is it in the Acts of Congress ? Certainly not. Where 
is the men, or where is the set of men who would take the responsibilitv 
to do this ? When it is hardly probable, or even possible, that if such 
bonds were issued, that they would bring ten cents on the dollar, who 
would want to sanction an act authorizing the issue of $700,000 of bonds 
to raise the sum of $70,000 ? Such an act would forever damn this Con- 
vention, and all that they might do. I do not believe that we could sell 
them at any price. I would not like to bear the odium that would at- 
tach to such a measure. We might give each member a certificate of 
indebtedness, or a promise to pay on demand, the am junt of his pay and 
mileage, and if they are willing to take this and hold it until they can 
get greenbacks for it, the matter might be settled at once, but how 
would it be settled ? It would be settled until the greenbacks could 
be raised. This might be sometime between this and June next. Can 
the members wait for this? I have been asked why not sell these bills 
at auction and get greenbacks for them ? I will answer that I do not 
^ think it expedient to do so. It is very probable that if they were sold 
in that manner, that the speculators would purchase them, and at a much 
lower price than they are worth. There is another reason. You must 
bear in mind that we cannot get these bills eKcept by permission of Gen. 
Canby. He sees objections to selling them. 

In view of the probability of the entire transfer of this State govern- 
ment into the hands of this new power, and that within a brief period, 
can we afford to do this, you will perceive that the course recommended by 
your Committee, has the sanction of one whom we cannot accuse of any 
selfish ends, and of one whom we must at present, at least, look to aid 
us, without whose sanction we cannot touch a dollar of these bills, and 
that is the Major Greneral Commanding this District. This act is one of 
self-protection. It has the sanction of the best business men in the State. 
The member from Richland, one of your Committee, himself a good 
judge of financial matters, can vouch for this. There is no other way 
under the sun whereby we can secure immediate funds to meet the pay- 
ment of the expenses of this Convention. We want ready means ; we 
have got it ; only pledge the faith of the State for its redemption. Sir, 
we must legfiiize the acts of the General xlssembly which created these 
bills. Let us sanction them ; let us add our approval of them. Then 
with bills guaranteed by the Provisional Government, and further guar- 
anteed by the government we create, under the sanction of the Congress 
of the Ilniteid States, we can move onward to the accomplishment of the 
great ends in view, viz : the establishment and perpetuation of freedom, 
justice, civilization, education and the prosperity of the entire State. 



CONSTITUTIONAL CONVENTION. IM 

Mr. C. C. BOWEN. There seems to be a great auxiety by some par- 
ties to dodge this question, of the tendency of bills receivable to depre- 
ciate in value. I do not propose to enter on the record that we are re- 
ceiving nine dollars a da}-, when it would be perhaps not more than two 
dollars and fifty cents. It is proposed to put $50,000 of bills receivable 
in the hands of one, hundred and twenty delegates. Let these bills re- 
ceivable be distributed or let them go out to-morrow, and before 10 
o'clock they will not be worth twenty-five cents on the dollar. There is 
a large amount of this money already out in the hands of brokers and 
others. I think I see in this move a disposition to launch out another 
largo amount of this money for the simple purpose of letting those people 
get hold of it at a still lower figure. When the delegates get paid they 
are obliged to spend their money immediately, and those sharpers 'know 
it. I am, therefure, in favor of placing on the record only what we get 
in greenbacks or their equivalent. 

Mr. CRAIG. There is another very important reason why bills 
receivable should depreciate in value and are not in reality worth any- 
thing to-day. Article 10 of the Constitution of the United States says 
"No State shall coin money or emit bills of credit," &c. Now I cauuot 
see where is the difference between bills of credit and the bills receivable 
of the State. I think, therefore, the bills receivable proposed to be 
issued are unconstitutional, and if you levy a tax of that kind the people 
will protest against it, and they will have the law on their side of the 
question. I am willing to take five dollars if the Convention says so • 
but if you put me on the record as receiving nine dollars I want nine 
dollars. If I am put on as receiving five dollars I want but five, and I 
am satisfied ; I did not come here to make a fortune. I do not regard the 
pay. I would not have been slandered as I have been since I came to 
this Convention by the Mercury for five hundred dollars per day. I 
came to do the business of the Convention, to do it as cheap as I could, and 
go back to the people, and advocate the adoption and ratification of the 
new Constitution. But I did not come to violate the Constitution of the 
United States, and I wish to enter my protest against this measure, which 
I regard as unconstitutional. 

Mr. B. F. RANDOLPH. We have an excellent Committee on Finance, 
and I understand that that Committee have made all the necessary in. 
vestigations in regard to these bills. They have reported these bills 
receivable as worth eighty cents on the dollar. It strikes me we could 
fix on pay in these bills at their market value in greenbacks. 

Mr. B. F. WHITTEMORE. In order to allay the fears existing upon 
the minds of members in regard to what they may or may not have, I 



I'ye PROCEEDINGS OF THE 

move that the pay per diem of the members shall be equivalent in 
greenbacks to what is in the Ordinance defined the pay and mileage of 
the officers and members of this Convention, and so recorded on the 
journal. 

Mr. PARKER moved to strike out "nine dollars" and insert "ten dol- 
lars" wherever nine occurred. 

Mr. CRAIG moved to amend by saying "seven dollars or its equiva- 
lent in greenbacks. 

On motion, the amendment was laid on the table. 

Mr. L. S. LANG LEY moved that the pay per diem be twelve dollars 
in bills receivable. 

On motion of Mr. C. M. WILDER, the motion to insert twelve dollars 
was laid on the table. 

Mr. J. J. WRIGHT moved that ten dollars be inserted. 

The PRESIDENT stated that that had already been put and laid on 
the table. 

Mr. N. G. PARKER moved to fix the pay at eleven dollars per day. 

Mr. 0. P. LESLIE. I desire to say a word before that resolution is 
passed, and be put right on the record. I am perfectly willing to receive 
three dollars per day in greenbacks for my services here. I think that 
sum all they are worth ; and, further, if I got any more, it would be so 
much more than I have been in the habit of receiving, I might possibly 
go on a spree and lose the whole of it. I know this is a delicate subject 
to speak upon, but there is a great deal of farce, too, about this business 
of money matters. I am here to do what is right and just. Now I ask 
any of the delegates in this body if they were called upon to pay a simi- 
lar body of men out of their own pockets, how much they would be wil- 
ling to pay each member. I will stake my existence on it they would 
not pay more than one dollar and a half per day to each member. I 
want to be recorded as always opposed to a high tariff, but not against 
any reasonable compensation. But this eight or nine dollars per day, 
when we consider all the surroundings and condition of the people, looks 
too much like a fraud. 

Mr. W. J. WHIPPER. I shall certainly not object to the gentleman 
from Barnwell taking but a dollar and a half per day for his services if 
he wishes, but I shall certainly not rate my own at that price. I hope 
the matter will be speedily settled. We have been two days engaged 
on subjects that if I was asked what we had been doing, I should be 
embarrassed for an answer. It appears to me if wc take bills receivable 
at 20 per cent, discount, with the probability of a further decrease in 
value, by the large amount likely to be thrown upon the market, eleven 



CONSTITUTIONAL CONVENTION. 177 

dollars a day in bills receivable will be small enough. The fact that 
those gentlemen ■who are able to carry them will realize their value, is 
no argument for those who will be compelled to sell them for debts al- 
ready' incurred. 

Mr. B. F. WHITTEMOEE. I desire to renew my motion that the 
pay per diem shall be equivalent in greenbacks to the amount mentioned 
in the Ordinance defining the pay and mileage of officers and members 
of this Convention, and that an amount of bills receivable, sufiicient to 
cover the same, shall be drawn by the Committee on Finance, who shall 
be authorized to negotiate said bills receivable. 

The question was taken on the motion to strike out $9 and insert $11, 
and was decided affirmatively. 

Mr. B. F. WHITTEMOEE. As the Ordinance reads now, the mem- 
bers are to receive $11 per day. It will be flashed all over the wires 
before night that the members of the South Carolina Constitutional Con- 
vention have voted themselves $11 per day. It will be the under- 
standing throughout the country that we are absolutely receiving that 
sum, whereas we are taking it in bills receivable on $11, or which 
we might not probably realize $8 per day. I propose to add the 
words after $11 per day, *' which is equivalent to about $8 in United 
States currency." 

Mr. J. H. CEAIG. I agree "with the gentleman. I am decidedly 
opposed to an appearance of voting myself $11 per day, when in fact I 
do not receive half that amount. 

Mr. F. J. MOSES, Jr. We can meet the difficulty by inserting after 
the word " each " on the last line, the words, " and that the sums men- 
tioned shall be paid to said members and officers in bills receivable of 
the State of South Carolina." 

The question was then taken on this amendment, which was agreed to, 
and the Ordinance passed to its third reading, as follows : The pay of mem- 
bers, $11 per day ; Secretary, $11 per day ; Assistant Sergeant-at-Arms,' 
$8 ; Assistant Secretary, $8 ; Engrossing Clerk, $8 ; Eeading Clerk, $7 ; 
Doorkeeper, $7 ; Assistant Doorkeeper, $6 ; two Messengers, $5 per day, 
each. And the sums mentioned aforesaid shall be paid to the members 
andofl&cers in bills receivable of the State of South Carolina. The mileage 
of members and officers of the Convention, shall be twenty cents per 
mile to and from the Convention by the usual mail routes. 

All payment made in conformity to the several provisions of this Or- 
dinance or Ordinances, shall be upon the recommendation of the Finance 
Committee and upon the authority of the President of the Convention. 

On motion, the Convention adjourned. 



iVs* PROCEEDINGS OF THE 

THIIlTEEISrTH D ^L Y . 
^Vednesday, Janisary 55d, 1868. 

The Convention aasembled at 12 M., and was called 1o order by the 
PEESIDENT. 

Prayer was offered by the Rev. J. M. EDNION. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of the preceding day was read and approved. 

The PRESIDENT explained to the Convention that in consequence of 
a misapprehension in relation to the passage of the resolution requiring 
the printing of the Journal, it was omitted. The error would be cor- 
rected, and the Journal of yesterday, and of all subsequent sessionSy 
would be regularly published. 

Mr. T. J. COGHLAN, of Sumter, offered the foUowing resolution : 

Resolved, Tliat the reporter of the Mercury be excluded from the 
floor and the privileges of the House. 

The motion was agreed to, and Mr. R. T. Logan, reporter of the Mer- 
cury, retired. 

The PRESIDENT ordered the Sergeant-at-Arms to exclude the re- 
porter of the Mercury from the floor of the House. 

Mr. F. J. MOSES, Jr., rose and requested that several members who 
desired, and did vote against the resolution, might be allowed to enter 
their names on the record as so voting. The following members then 
rose and announced their names as voting against the resolution : F. J. 
Moses, Jr., Dr. L. B. Johnson, L. Boozer, C. M. Olsen, S. A. Swails, W- 
J. Whipper, Bailey Milford, T. Hurley, John A. Hunter, Dr. N. J. New- 
ell, Wm. Perry, C. P. Leslie, Dr. J. L. Neagle, Rev. J. M. Runion. 

The PRESIDENT asked the privilege of recording his vote against 
the resolution, as no reason had been assigned for the exclusion of the 
reporter ; he, therefore, voted no. 

Mr. R. C. EeLARGE voted no, because he thought the members 
ought to be able to protect themselves, and not seek it of the Conven- 
tion. 

Mr. J. J. WRIGHT moved a reconsideration. 

Mr. L. S. LANGLEY moved to lay the motion to reconsider on the 
table, which was agreed to. 

Mr. J. K. JILLSON moved that the rules and regulations as reported 
by the Chairm^-n of the Committee on the subject, be amended in the 



r!ONSTITUTIONAL CONVENTION. IW 

.fomrtli section, so as to require all articles, sections, etc., of the new 
Constitution to be read three times, instead of two. before final adoption, 
and the report was adopted. 

Mr. B. F. RANDOLPH moved an amendment, so as to change the 
hours of meeting from 12 M. to 10 A. M., and to make the hour of ad- 
journment 1 P. M. instead of 3 P. M. Laid on the table. 

The question was then taken on the motion of Mr. JILLSON, and 
the report of the Committee, as amended, adopted. 

Mr. R. B. ELLIOTT, of Edgefield, read the petition of W. J. Mison, 
netting forth the following facts : That for many years before the war, 
he held a magisterial position, was opposed to the action of the State, 
and refused to vote for delegates to the secession Convention of 1860 ; 
but believing his first allegiance was due to the State, he volunteered as 
a soldier in her defence, and fought her battles with all his zeal ; that 
after the war, he took the oath of allegiance from Capt. N. G. PAEKER, 
then in command of colored troops in Barnwell, renewed his allegiance, 
and adopted the principles of the Republican party ; that in consequence 
•of having held magisterial oflS.ce, he has been deprived of the elective 
franchise, and the petitioner, therefore, prays that his case may be pre- 
sented to the Congress of the United State?, with the prayer that his 
disability be removed. Referred to the Committee on Petitions. 

The PRESIDENT also referred to that Committee a letter on the 
same subject, from the individual named. 

Mr. S. A. SWAILS, of Williamsburg, presented petitions of Eliza- 
beth Gore' on and H. T. Cooper, citizens of said District, praying for a 
divorce. 

Referred to the Committee on Petitions. 

Mr. C. P. LESLIE said he would like to know what color they were. 

Mr. SWAILS. " Both white." 

Mr. S. CORLEY offered the following, which was referred to the 
Legislative Committee ; 

Whekeas, bankruptcy and financial ruin, the inevitable results of a 
bloody and protracted civil war, stare us in the lace at every turn ; and, 
whereas, the ordinary resources of the State are swept away, and the 
people are clamoring for relief ; therefore be it 

Resolved, That the State shall be authorized to issue bonds to the 

amount of millions, the same to be paid in twenty years, and, if 

possible, secure thereon the endorsement of Congress, in order to make 
them available, and shall also pledge for the redemption of said bonds 
all the lands which a loan based upon these bonds will purchase, at the 
lowest cash price when forced into the market. That a Commissioner or 
Commissioners be elected for each County or District, whose duty it shall 
be to purchase, on the application of the owner — who shall show that he 



1§0 PROCEEDINGS OF THE 

is loyal to the Coustitution which thi;-i Convention shall adopt, bj' a sworn 
allegiance thereto — each and every tract of land forced into the market 
by execution or other legal process, when sold at a rate equal to or below 
the value of the same prior to the 20fch of December, 1H60. Of the said 
tracts, each, the said Commissioners shall cause to be surveyed one hun- 
dred acres, the same to be reserved to the late owner as a homestead, at 
the price paid per acre for the whole tract, adding thereto the incidental 
expenses of the transfer, and the value of the improvements thereon. If 
there be a disagreement as to the value thereof, each may choose his 
man and the two a third, to whom it shall be submitted, and their de- 
cision shall be final. A title shall be given by the State, and the said 
homestead shall be exempt from levy and sale forever, except to the 
State for the purchase money. The said homstead shall be paid for by 
annual, graduated instalments, during a period of twenty years, with 
interest- at seven per cent., payable annually — the same homestead to be 
pledged, by mortgage or otherwise, to the State, for the stipulated pay- 
ments. The remaining tracts of land, in each case, shall be held for 
sale to any citizen, like qualified, not in the possession of lands ; will 
obligate himself to settle on and improve the same, and, who will enter 
into a like contract, at like rates, and under similar liabilities, not over 
one hundred acres being sold to each individual, and the said homestead 
to bd guaranteed forever against all debts and all executions whatsoever ; 
be it further 

Resolved, That any person, like qualified, indebted beyond the sup- 
posed value of his property, either as principal or surety, against whom 
any suit to the value of five dollars has been entered, may make appli- 
cation to the said Commissioner or Commissioners, for the sale of his 
effects at public auction, for the benefit of his creditors ; and the said 
Commissioner or Commissioners, being hereby empowered to effect such 
sale or sales, shall, to that end, receive a schedule of all the papers and 
property of said debtor, not legally exempted from levy and sale, and 
the said schedule being sworn to and duly advertised for the space of 
one month, for the inspection of his creditors, who shall be allowed to 
disapprove the correctness of the same, which proof shall invahdate the 
claims of the debtor so offending, and if not disproved, said debtor shall 
be entitled to all the privileges of this Ordinance, and his creditors shall 
accept the proceeds of any and every sale so affected as final in the liqui- 
dation of all such debts, no creditor to receive more than his equal per 
centage, without preference or partiality, through any attempted forced 
sales for his own benefit, to the detriment of more lenient creditors. 

Resolvexl, That this plan of relief and for securing homesteads to the 
people be referred to the Legislative Committee with instructions to 
report thereon in one week, with such alterations and amendments as 
they deem proper. 

Mr. F. AENIM submitted the following, which was referred to the 
Committee on Petitions : 

We, the people of the State of South Carolina, by our delegates in 
Convention assembled, in consideration of the general destitution exist- 



■■.>tl 
PROCEEDINGS OF THE 181 

ing throughout the State, and the great lack of capital to develope the 
natural resources of the State, to give employment to the poor and des- 
titute, and to enable them to secure a homestead, 

Resolved, That the Congress of the United States be requested to ap- 
propriate three millions of dollars, the net amount collected from the 
cotton tax in this State, and that the same be loaned to the State, to be 
repaid in five equal instalments in '10, 25, 80, 35 and 40 years, to be used 
and secured as follows : 

First. The State of South Carolina shall be responsible for the amoun t 
received from the United States. 

Second. There shall be appointed a Comptroller, General Receivei', 
and a Receiver for each Collection District. 

The duty of the Comptroller will be to ascertain the correctness of the 
title of the land purchased or sold, and all transactions must be approved 
by him. 

The General Receiver shall, upon application, and with the approval 
of the Comptroller, purchase or sell land in behalf of the State. 

The Receiver of each Collection District shall be the proper person to 
whom all applications to sell or buy land must be made. 

The head of a family, whether male or female, at the age of twen ty- 
one years or over, without distinction of color, but loyal to the govern- 
ment of the State and United States, shall, upon application, be entitled 
to purchase not over one hundred and sixty acres of land. 

The security of money obligations of the parties concerned, the duties 
of the officers and salary shall be regulated by legislation. 

Mr. D. H. CHAMBERLAIN rose and said he desired to offer the fol- 
lowing resolution, as an explanation of the action of the Convention at 
the present session, and moved its adoption : 

Whekeas, R. B. Rhett & Brother, Editors, and R. M. Fuller and 
Roswell T. Logan, Assistant Editors of the Charleston Mercury, a scur- 
rilous and libellous paper published in this city, have published false 
reports of this body, and through blackguardism of its members proved 
themselves to be wholly unworthy of the privileges of this floor, which 
should only be extended to gentlemanly conductors of the press ; there- 
fore. 

Resolved, That the said R. B. Rhett & Brother, R. M. Fuller and 
Roswell T. Logan are hereby expelled and excluded from the floor of 
this Convention. 

Resolved, That the President be requested to see this order of the 
house enforced. 

The PRESIDENT decided the motion of the member offering the re- 
solution to be a question of privilege, and could therefore be entertained- 

Mr. J. J. WRIGHT. I am glad this resolution has been offered. 
The first resolution offered excluding the reporter of the Mercury from 
this floor was rushed through with such rapidity that no time was given 
24 



182 PROCEEDINGS OF THE 

for an expression of opinion. I am opposed, totally opposed to exclud- 
ing any person from the floor of the House. I did not vote either way^ 
nor ask that my vote might be recorded. But if I had voted and asked 
that mj- vote might be recorded it would have been in the affirmative, 
notwithstanding my opposition to the exclusion of any reporter or editor. 
From what I have seen and heard, I think it requisite that the reporter 
of the Mercury s-hould be excluded. A day or two ago they had a hghr^ 
the first I have ever witnessed, and I learned there were others upon the 
floor who would not take the slander of the reporter of the Mercury. 
As they had to choose between two evils I would take the least, and ex- 
clude the reporter, though I am opposed to any such course. If the re- 
porter had remained, and the Mercury had continued as in the past, there 
are persons here who would, no doubt, have attacked him, blood would 
have been spilled, and perhaps persons in the house perfectly innocent 
have suffered. I am, therefore, perfectly willing the reporter should be 
excluded. But I wanted an opportunity to express myself and show the 
people that I am opposed to such a course. This was simply setting up 
an old standard, which, for many years, had been regarded as the stand- 
ard of a people who had stooped below the dignity of men. When men 
resort to strong arms they lower their dignity. If there are persons in 
the Convention who will stoop so low as to notice a little mean sheet, 
making its living by meanness, it would be coming down very far 
beneath the dignity of gentlemen. I am in favor of free speech and a 
free press. An editor is perfectly responsible for anything he does, and 
the law is open to all persons irrespective of color. But I am in favor of 
expulsion to avoid a greater evil. 

A call was made for the previous question, which was sustained. 

Mr. D. H. CHAMBEELAIN. The privilege of a seat upon the floor 
of this house by any member of the press is simply obtained by the con- 
sent of the body. It is a courtesy which is ordinarily and almost uni- 
versally extended to members and representatives of the press by all 
similar bodies. But it is not a right which any man can claim. It is 
not a right which any member of the press can claim, and when the 
body which extends that courtesy feels that that courtesy has been 
abused; when the representatives of the press, instead of confining 
themselves to their legitimate business, descend to libels and scurrilous 
sketches of individual members, it becomes the right, if not the duty, of 
the body to withdraw the courtesy and privileges extended. The mem- 
bers of the <^onvention feel that the course pursued by the representative 
of the Mercury tends to abroach of its peace, and it is upon that ground 
mainly that this resolution has been offered, and will be supported by 



CONSTITUTIONAL CONVENTION. 1S3 

the members of the Convention. It is upon the same ground that libel- 
lous articles may be punished by law, and tend hence to a breach of the 
peace. 'I'he members do not want the excitement and disgrace of per- 
sonal encounters within the walls of the house or anywhere else, in con- 
sequence of articles published in the papers of the city. Upon the 
ground, then, that they had a right to do it, and that it is necessary to 
prevent a possible breach of thfe peace between the man who descends to 
this business and the man who feels himself aggrieved, this resolution is 
offered. 

The question being taken on its passage, the resolution was adopted. 

Mr. F. J. MOSES, Jr., rose and desired to have his vote recorded in 
in the negative. 

Mr. L. BOOZER also desired to have his vote recorded in the nega- 
tive. 

Mr. R. C. DeLAEGE asked to be allowed to change his vote on the 
first resolution, which was made in the negative, in consequence of the 
rapidity with which it was rushed through. He now desired to be re- 
corded as voting yea, which was granted. 

Mr. N. G. PARKER moved for a reconsideration of the motion of 
Tuesday, dispetising vrith the election of a Sergeant-at-Arms. The As- 
sistant Sergeant-at-Arms could not well perform the duty, and the Chair- 
man of the Committee on Finance could not. As it was proposed to 
make the PRESIDENT responsible for all the amounts disbursed, the 
PRESIDENT desires a Sergeant-at-Ai'ms who can perform the duties of 
Clerk. 

The motion to reconsider was adopted. 

Mr. N. G. PARKER moved that the PRESIDENT be authorized to 
appoint a Sergeant-at-Arms. 

The PRESIDENT stated that in conversation with the Chairman of 
the Finance Committee, he found that by the arrangement proposed, the 
amount of money necessary for liquidating the expenses of the Conven- 
tion would be placed in the PRESIDENT'S hands. For his own safety, 
as well as for the convenienc.e of the members, it was proper they should 
have an officer to countersign checks, and keep the accounts and vouch- 
ers of the body. 

The resolution was adopted. 

Mr. B. BYAS offered the following : 

Resolved, That the rules and regulations prepared by the Committee 
on Rules and Regulations be applied to the Convention when resolved 
in a Committee of the Whole, when they are applicable. I . 

Resolved, That the Sergeant-at-Arms be required to place a clock over 



184 PROCEEDINGS OF THE 

the PRESIDENT'S Chair, that speakers can time themselves in accord- 
ance with the rules oi the house. 

On motion of Mr. L. BOOZEE, the first resolution was referred to the 
Committee on Rules and Regulations ; and, on motion of Mr. J. S. 
CRAIG, the second was laid on the table. 

Mr. B. F. WHITTEMORE offered the following resolution, which 
was referred to the Legislative Committee : 

Resolved, That all persons shall be eligible to take or retain a seat in 
the House of Representatives who shall have attained the age of twenty^ 
one years, and have been citizens and residents of this State one year 
next preceding the day of election, and for the last six months of time, 
and shall continue to be residents of the District which they are to 
represent. 

Mr. R. B. ELIjIOTT offered a resolution, instructing the Legislative 
Committee to report on Thursday upon the resolution referred to them, 
for the formation of a new Judicial District out of contiguous portions 
of Barnwell, Lexington, Edgefield, and Orangeburg Districts. 

Laid on the table. 

Mr. D. H. CHAMBERLAIN moved to take up an Ordinance reported 
by the Judiciary Committee, invalidating contracts for the purchase and 
sale of slaves, and that the same be passed to its second reading. 

The motion was agreed to, and the Ordinance taken up and passed to 
its second reading. 

Mr. DUNCAN moved that the Ordinance be engrossed, and made the 
Special Order for 1 o'clock to-morrow, (Thursday.) 

Mr. S. A. SWAILS moved to amend by inserting half-past 1 o'clock, 
which was agreed to. 

The hour having arrived for taking up the Tax Ordinance, which had 
been made a Special Order, 

Mr. N. 0. PARKER, Chairman of the Finance Committee, reported 
an amendment The amount proposed to be raised is $75,592.76, to 
raise which it is proposed to impose a tax of seven and a half cents on 
every hundred dollars of real estate ; fifteen cents on every hundred 
dollars of articles manufactured for sale, barter and exchange, etc., and 
fifty cents on every hundred dollars invested in buggies, carriages, gold 
and silver plate, etc., and fifteen cents on the sale of every hundred dol- 
lars of goods, wares, or merchandize, etc. 

The various amendments proposed by the Committee since last before 
the House were read, when Mr. N. G. PARKER moved the adoption of 
the Ordinance. 



CONSTITUTIONAL CONVENTION. 1§S 

Mr. B. O. DUNCAN made a motion to recommit, which was lost. 

Mr. WM. McKINLAY moved that its further consideration be post- 
poned, and it be made the Special Order for Thursday at one o'clock. 

Laid on the table. 

The Ordinance then passed to its second reading, and the several sec- 
tions successively adopted. 

Dr. J. L. NEAGLE moved the adoption of the Ordinance. 

The PEESIDENT stated that the question would be, shall the Ordi- 
nance be engrossed and go a third reading, which was agreed to. 

Mr. B. 0. DUNCAN offered the following resolution, which was re- 
ferred to the Committee on Petitions : 

Resolved That a Committee, consisting of one from each District, be 
appointed by the Chair to report to this Convention the name of such 
persons as, in their opinion, this Convention shall petition to Congress to 
remove all disqualifications from on account of past political offences. 

Mr. B. E. WHITTEMOEE offered the following, which was referred 
to the Legislative Committee : 

Resolved, That all persons shall be eligible to take or retain a seat in 
the Senate of the State who have attained the ag-e of thirty years, have 
been citizens and residents of the State two years next preceding the 
day of election, and have been six montl^s a resident of the District 
they are to represent. 

Mr. Y. J. P. OWENS offered the foUowing: 

Wheee.vs, the officers of the present Provisional Government of the 
State of South Carolina are exercising their influence prejudicial to the 
claims of loyal citizens, rendering it difficult for persons of known loyalty 
to give an official bond, 

Be it ordained by this Convention assembled, That hereafter no official 
bond shall be required from persons elected or appointed to office in the 
State of South Carolina, but providing a fine and imprisonment, and 
perpetual disfranchisement for malfeasance in office. 

Mr. F. J. MOSES, Jr., moved to lay the resolution on the table, which 
was agreed to. 

Mr. W. B. NASH offered the following resolution, which, on motion, 
was referred to the Committee on Finance : 

Resolved, That all taxation shall be equal and uniform throughout the 
State, and all property shall be taxed in proportion to its value, which 
shall be ascertained in such manner as m.ay be prescribed by law : Pro- 
vided, That all clear lands not cultivated shall be taxed one per cent, 
more than cultivated lands, which tax shall be for the benefit of free 
schools. 



186 PEOCEEDINGS OF THE 

On motion of Mr. PAEKEE, the rules of the House were suspended^ 
in order to take up the Tax Ordinance, and pass it to its third reading. 

The Ordinance was taken up, read a third time, adopted, and on mo- 
tion of Dr. NEAGLE, ordered to be engrossed, as follows : 

AN OKDINANOE 

To levy a Special Tax to defray the Expenses of this Convention and 
preserve the Credit of the State. 

We, the people of the State of South Carolina^ by our Delegates in 
Convention met, do orda.in, That there shall be assessed and collected by 
the Tax Collectors of the several districts and parishes in this State, in 
addition to the tax already levied, under General Orders No. 139, issued 
from headquarters Second Military District, by Brevet Major General E, 
E. S. Canby, Commanding said District, dated Charleston, December 3, 
1867, the following taxes, which shall be collected by the persons and at 
the times and in the manner prescribed by the said General Orders : On 
all real estate seven and a half cents on every hundred dollars, except- 
ing such lands as are exempted in Article I, of said General Order. On 
articles manufactured for sale, barter or exchange, between the first day 
of January, 1868, and the first day of January, 1869, fifteen cents on 
every hundred dollars, to be paid by the manufacturer. On buggies, 
carriages, gold and silver plate, watches, jewelry and pianos, on hand 
on the 1st day of January, 1868, except when held by dealers for pur- 
poses of sale, fifty cents on every hundred dollars. Erom the sale of 
goods, wares or merchandize, embracing all the articles of trade, sale, 
barter, or exchange, (the cotton tax by the United States excepted,) 
which any person shall make between the first day of January, 1868, and 
the thirty-first day of December, 1868, fifteen cents on every one hun- 
dred dollars. And the Tax Collectors, Sheriffs, or any otlier persons 
whose duty it may be to collect, or the Treasurer of the State, whose 
duty it is to receive, shall be liable upon their respective official bonds 
for neglecting or refusing to collect, safely keep, pay over, and disburse 
the same in conform.ity to the orders of this Convention. 

Sec. 2. Be it further ordained, That a sufiieient amount of the sum 
thus realized is hereby appropriated to refund to tlie Treasurer of the 
State of South Carolina any sum or sums which may be advanced by the 
order of General Canby, or otherwise, for the payment of the per diem, 
mileage, or other expenses of this Convention, in bills receivable of the 
State. 

Sec 3. Be it further ordained, That the faith and credit of the State 
are hereby pledged for the redemption of bills receivable of the State of 
South Carolina, issued in conformity to an Act of the General Assembly 
of the said Stata in December, 1865, and subsequently the Act of Sep- 
tember, 1866 ; and also for the payment of the bonds and other obliga- 
tions of the State ; Provided, That all obligations created for the pur- 
pose of aiding the rebellion, and for maintaining a hostile Government 
to the laws and authorities of the United States, are hereby declared to 



CONSTITUTIONAL CONVENTION. 1§? 

be null and v oid, and shall never be paid by any tax to be imposed upon 
the people of South Carolina. 

[Mr. J. M. ALLEN, of Greenville, moved to strike out of Section 3, 
the endorsement of the " bends and other obligations of the State," 
which was not agreed to.] 

Sec. 4. Be it furthti ordained, That for the purpose of defraying the 
■current expenses of this Convention — the payment of its officers, mem- 
bers and contingent accounts — Brevet Major General E. E. S. Canby, 
Commanding the Second Military District, be requested to issue from 
time to time, as may ba necessary, such orders upon the Treasury of the 
State of South Carolina, for the payment of such sums as may be autho- 
rized by this Convention, in such amounts as may be agreed upon be- 
tween the President of the Convention and the General Commanding, 
to the ofiB-cers and members of this body, for their per diem and mileage, 
and for the current expenses of the same*; and that the amount of tax 
herein authorized to be levied, shall be placed in the Treasury of the 
State to reimburse said advances. 

Sec. 5. Be it further ordaine I, That if the taxes levied and assessed ,^ 
under this Ordinance, should be in excess of the whole expenses of this 
Convention, it shall be retained in the Treasury subject to the future order 
of the Convention, or of the General Assembly, which may meet in con- 
formity to the provisions of the Constitution to be adopted by this Con- 
vention. Should there be any deficiency in the sum required to be 
raised by taxation under this Ordinance, to reimburse the Treasury for 
its outlay, the first General Assembly which shall assemble hereafter shall 
make such further provision as may be necessary to raise funds for the 
purpose. 

Mr. HURLEY moved a reconfcideration of the vote on the passing of 
the Ordinance, and that the motion of reconsideration be laid upon the 
table. 

Mr. PARKEE moved that the President be instructed to request Gen. 
Canby to provide for the Convention at once $12,000 in bills receivable 
of the State. 

Dr. NEAGLE moved to amend by making it $20,000. 

Mr. L. S. LANGLEY moved $25,000. 

Mr. C. M. WILDER moved to make it $37,500. 

The amendments were lost, and the original motion agreed to. 

The Special Order for the hour, being an Ordinance for the divison of 
Pickens District, was taken up. 

Mr. 0. P. LESLIE. I desire to withdraw my objections against the 
passage of this Ordinance. I have examined the subject fully, and 
am satisfied that the people, white and colored, of the District are united 
in the desire to have the District divided. Having conversed with many 



IS8 PROCEEDINGS OF THE 

of tlie most substantial men of the District, who all concur as to the exi- 
gencies of the case, I am willing to waive all objection, take up this 
matter out of the ordinary course of business, and give the measure my 
earnest vote. 

Mr. B. BYAS moved that the matter be indefinitely postponed, which 
was not agreed to. 

The question being taken on the passage of the Ordinance, the yeas 
and nays were ordered, and resulted, yeas 86, nays 25. 

On motion, the Ordinance was ordered to be engrossed, the title to re- 
main "An Ordinance for the division of Pickens District." 

Mr. B. F. EANDOLPH moved that the motion whereby the Ordinance 
was passed be reconsidered, and that the motion to reconsider be laid on 
the table. The motion was agreed t5. 

Mr. L. B. JOHNSON offered the following, which was agreed to. 

. Resolved, That the Ordinance for the division of Pickens District, be 
reported to the appropriate Committee, with instructions to incorporate 
the name of Oconee District in the Constitution with the name of the 
other Districts. 

Mr. L. S. LANOLEY offered the following: 

Whekeas, many members of this Convention have been absent with- 
out leave, and whereas it is the opinion of this body that no member 
should be paid his per diem during said absence, therefore 

Resolved, That no member of this Convention shall receive any pay 
for the day or days during which he has been absent, unless said mem- 
ber has been sick, or received leave of absence from this body. 

Resolved, That each member be, and is, hereby required to state on 
oath to the Sergeant-at-Arms the number of days he has attended the 
sessions of the Convention. 

Mr. RUTLAND. That looks like an ex post facto affair. Such a 
motion in higher bodies is unconstitutional. If it had been agreed to at 
the commencement of the Convention it might have been of some ser- 
vice. I think it should be amended so as to embrace only future 
absentees. 

Mr. DUNCAN moved that the word "affirmation" be substituted for 
that of "oath," which was agreed to. 

Mr. W. J. WHIPPER. I certainly hope that resolution will pass. 
There are very good reasoDS why it should have a retroactive effect. 
The gentleman himself, I think, has been away several days. I hope 
every one wiU be required to swear how many days he has been in at- 
tendance, and, unless he has been sick or can give a sufficient excuse, 



CONSTITUTIONAL CONVENTION. 1§9 

will receive no pay. It is very convenient for gentlemen who plant rice 
on Goose CreeK: to receive pay here while attending to their crops. 

Mr. L. S. LANGLEY. If there is any member here who did not 
know that te was elected to serve his constituents, and paid for his time 
and services in the Convention, I am willing to excuse him. But I am 
not willing that those knowing the fact and neglecting their duty should 
receive compensation. 

On motion of Mr. W. J. WHIPPER, the resolution was referred to 
the Committee on Rules and Regulations, to report at 1 o'clock to-morrow. 

Mr. N. G. PARKER called up the Ordinance providing for the pay of 
members. 

Mr. B F. WHITTEMORE introduced the following as a substitute: 

AN ORDINANCE 

Defining the Pay and Mileage of Members and Officers of this Con- 
vention. 

Section 1. And be it ordained, That the pay per diem of the Presi- 
dent shall be S12; members, $8; Sergeant-at-Arms, $8; Secretary, S8; 
Assistant Sergeant-at-Arms, 86; Assistant Secretary, $6; Engrossing 
Clerk, $6 ; Reading Clerk, %b ; Doorkeeper, So ; Assistant Doorkeeper, 
$4 ; two Messengers, $4 each. 

Sec 2. And be it further ordained, That the mileage of members and 
officers of the Convention shall be (20) twenty cents per mile to and from 
the Convention, by the usual mail routes. 

Sec o. And be it further ordained, That all payments made in con- 
formity to the same shall be made in the bills receivable of the State of 
South Carolina at their market value, so that the amount of per diem 
and milage shall be the same as if paid in greenbacks or United States 
legal tender notes ; all such payments shall be made upon the recom- 
mendation of the Finance Committee and authority of the President of 
the Convention. 

Mr. B. F. WHITTEMORE. I desire to impress upon the minds of 
members present that it has already gone abroad and received as a 
fact that we are receiving $11 per pay for our services in this Conven- 
tion. I desire to show to the world what we really are receiving. If it 
be $8 in United States currency let us say so, but not enter upon the 
journals $11 as the amount, when in fact we may not be receiving more 
than $5 per day. I am unwilling such a statement should go to the 
people of this Commonwealth and future generations that would lead 
them to believe we received $3 more per day than the members of any 
other Convention voted themselves. It should be distinctly understood 
that the bills receivable of the State are depreciated in value. Let us 
fix the pay at $8 in greenbacks, and receive its equivalent in bills re- 
ceivable. 
25 



130 PROCEEDINGS OF THE 

Mr. ]^. G. PARKER. I sympathize with everything the gentleman 
has said, but we cannot at this time take the risk of adopting that amend- 
ment. We are between two fires. The Commanding General may in- 
terpose if we fix our pay at a stated amount in one currency, and propose 
to make up that amount by receiving its equivalent in another. We 
might possibly negotiate these State bills without putting them up at 
auction. If there was any way by which we could let the world know 
we are not receiving 611 a day in United States currency, but in State 
bills at a depreciated value, I should be happy to have it done. It is 
already stated that we receive $11 in State bills, and it may be that out- 
siders will endeavor to give the impression that we are receiving that 
amount in United States currency, but that is one of the accidents we 
cannot avoid. 

Mr. W. J. WHIPPER. I hope some stated sum, whether in green- 
backs or bills receivable, will be fixed upon. Hardly two men in the 
Convention, perhaps, would agree as to the market value of the bills re- 
ceivable, and there might be a continual difiiculty between the Finance 
Committee and the members when about to be paid off. If we want $8 
in greenbacks, let us say so and make it definite. 

Mr. C. C. BOWEN. I have only one question to ask. Suppose the 
market value of bills receivable to day is eighty cents, when there are 
so few on the market, and we put $12,000 more out now, can any man 
say what will be the result ? I doubt whether you could pay your fare 
on any railroad with it, or make any purchase in a store without sub- 
mitting to an enormous discount. I shall, speaking for myself, be satis- 
fied with whatever action the Convention may deem it proper to take. 
I was in favor of fixing the pay at $8 in United States currency, but have 
been informed that arrangements cannot be made for the payment of the 
members in that currency. If so, we will have to take the bills receiva- 
ble for what they are worth. 

Mr. B. 0. DUNCAN. I think we should have no hesitation in voting 
$11 per day in bills receivable. They are now selling at 80 and 90 cents 
on the dollar, and we have been told by a gentleman in a position to 
know, that there ^ill be no further depreciation, but that the bills re- 
ceivable are likely to rise in value to 90 or 96 cents by our guaranteeing 
the bills. 

; • Dr. J. L. NEAGLE. The gentleman's amendment conflicts with the 
Ordinance passed this morning. Section 4 provides that the per diem 
and mileage of the members and other expenses of the Convention shall 
be paid in bills receivable of the State. 

Mr. H. E. HAYNE. I will state for the information of the Conven, 
tion, that the bills receivable have depreciated five cents since yesterday. 



CONSTITUTIONAL CONVENTION. 101 

Mr. B. F. WHITTEMOEE. I do not see how it is possible for the 
amendmeiit to come in conflict with the seconJ. section of the Ordinance 
referred to. We can appropriate a certain sum of bills receivable as will 
amount, when noli in the market, to what we declare shall be our per 
diem. 

The hour of three having arrived, the Convention adjourned. 



Thursday, January 3®, 1868. 

The Convention assembled at 12 M, and was called to order by the 
PEESIDENT. 

Prayer was offered by the Eev. B. F. WHITTEMOEE. 

The roll was called, and a quorum answering to their names, the 
PEESIDENT announced the Convention ready to proceed to business. 

The journal of the preceding day was read, corrections made, and on 
motion of Mr. B. P. WHITTEMOEE, was ordered to be reprinted. 

The PEESIDENT stated that before entering on the regular business, 
he had a question of privilege to lay before the Convention. Upon 
coming to the Convention this morning he was met by a Sergeant of the 
City Police, who handed him a document which would be read by the 
Eeading Clerk. 

A communication from General Clitz to Mayor Gaillard was then read 
by the Clerk, requesting of the Mayor that a Sergeant and five Policemen 
should be sent to the Convention to be in attendance at the Club House 
during the hours of the session of the Conventioa, with instructions to 
maintain the peace. 

The PEESIDENT said the matter was entirely unknown to him. He 
had not been consulted on the subject by General Clitz or any other offi- 
cer, and the request to the Mayor had been made without his knowl- 
edge. As the presiding officer, he deemed it his duty to lay before the 
Convention what appeared to affect their privileges. He did not know 
the object of it. He did not feel authorized to act himself, and had there- 
fore directed the doorkeeper to permit no policemen to come upon the 
floor of the Convention until the pleasure of the body on the subject had 
been known. He submitted the whole subject to the Convention to take 
such action as it mig'ht deem advisable. 



192 PKOCEEDINGS OF THE 

Mr. B. F. WHITTEMORE moved that a Committee of three be ap- 
pointed to wait upon General Glitz, Commandant of the Post of Charles- 
ton, and inquire of him why he has considered it necessary to send the 
protection mentioned in his communication to the Convention, which was 
agreed to. 

The PRESIDENT named as the Committee to wait upon General 
Glitz, Messrs. B. F. Whittemore, A. J. Ransier and W. E. Rose. 

Mr. W. J. WHIPPER moved that, pending the report of that Com- 
mittee, no policeman be allowed on the floor of the Convention. 

The PRESIDENT announced the Tuotion unanimously agreed to. 

Mr. S. A.' SWAILS made a report of the Committee on Rules and 
Regulations, on a resolution in reference to the pay of absent members. 
The Committee say, inasmuch as the rules of the house already contain 
a clause on the subject, they recommend that the resolution be laid on 
the table. Report adopted. 

Mr. S. A. SWAILS also made a report of the same Committee, amend- 
ing the resolution referred to them, requiring members to " state, on 
oath or affirmation, the number of days they have been in attendance," 
by striking out the latter, and inserting " to certify on his word of honor." 
Adopted. 

The PRESIDE N'T presented a communication from J. P. M. Epping, 
United States Marshal, which, on motion of Mr. C. C. BO WEN, was 
read by the Reading Clerk and referred to the Committee on Petitions. 

The following is the communication : 

To the President and Members of the 

Constitution %l Convention of South Carolina: 

Gentlemen : The undersigned respectfully submits thp following plan 
for the settlement of the land and labor question to the Convention, with 
the suggestion that Congress be raemorialized by a resolution of the 
Convention, to grant the boon herein prayed for, and it is thought that 
the same will be readily and promptly granted, in view of providing 
homes for the freedmen throughout the South, and of relieving the 
prevalent general distress for want of a sufficient circulation of ready 
capital. 

Particularly would the now dominant great Republican party, it is 
thought, gladly avail itself of the opportunity of showing its kindness 
and interest, in the welfare of the Southern States, and thereby secure 
the everlasting gratitude and good will of all races and color alike. 

It is a well known fact in political economy, that for a State or com- 
munity to flourish, three elements are requisite. First is land ; second, 
labor ; third, capital or money. Throughout the Southern States lands 
are plenty, labor is abundant, but the cajntal is tvanting. 

A disorganization of society, and an utter absence of remunerative 
industry is, consequently, everywhere felt. 



CONSTITUTIONAL CONVENTION. 193 

Congress having abolished slavery, owes it to itsolf and the country 
to take proper care of their wards — the freedmen who have been turned 
loose upon the world. It owes it not only to itself and the freedmen, 
but to the entire Union, to set in motion the now obstructed wheels of 
commerce, agriculture and manufactures throughout the South. 

Two of the elements named already exist here ; the third only is want- 
ing, and yet can easily be supplied. 

The freedmen are, in a manner, like children turned out of doors by 
their parents. They have been wilfully kept in ignorance while in the 
state of slavery, and, consequently, have neither the knowledge, ability, 
nor means, to establish themselves independently of their former mas- 
ters and owners, while the latter are themselves in a situation equally 
embarrassing, because with all their landed possessions, they have not 
the funds necessary for the payment of remunerative wages to the la- 
borer, and thus develop the capacities and resources of these possessions, 
and there is not capital sufficient in all these Southern States to buy the 
lands, and to put them into successful cultivation by means of hired free 
la lor. 

It is, therefore, for the General Government to step in, and, besides 
affording its protection to the one class, lend its material aid to the other, 
in order that existing difficulties may be overcome. 

Hence, the proposition is now made, that Congress, in the amplitude 
of its power, furnish a limited amount of capital, not to individuals, but 
to the States, in the shape of a loan, for the benefit of the two classes 
referred to. 

A sum equal to the amount collected from the agricultural products of 
the former slaveholding States, in one year, in the way of taxes on cot- 
ton, would, it is believed, be sufficient for this purpose. 

There are, for instance, in the State of South Carolina between twenty 
and thirty thousand persons, who own plantations of five hundred acres 
and upwards, and who could spare very readily from one-fourth to one- 
third of th^-" same. 

With such a fund as has been described put in the hands of the Gov- 
ernor of the State, and managed by a Board possessing supervisory 
powers, consisting of the Governor, chief agent of the Treedman's 
Bureau, and one or two other authorized Commissioners, these surplus 
lands may be purchased at a very moderate rate, and sold and trans- 
ferred to such freedmen on credit as formerly belonged to the respective 
plantations, or any others upo.i which they desire to locate, and the 
State give to the purchaser a cheap and perfect title, which is very sel- 
dom and even difficult to obtain now in this State, where lands are pur- 
chased from individuals. 

Enough land would thus come into the possession of the freedmen to 
give each a homestead at a moderate price, while the planter making 
such a disposition would receive money enough to pay cash wages to his 
employees, and carry forward his yearly labor to the satisfaction of all. 

The present pernicious system of working by contract for a share of 
the crop, has been a cause of great confusion and distress since the ces- 
sation of hostilities, and ought, for the welfare of the community, to be 
avoided in future ; but the plan now proposed, it is thought, will supply. 



194 PEOCEEDINGS OF THE 

the capital necessary for the payment of cash wages, and likewise 
secure permanent homes for the freedmen. 
Respectfully submitted, 

J. P. M. EPPING. 
Charleston, S. C, January 28, 1868. 

Mr. N. Gr. PA.EKER offered the following, which was agr-e-ad to : 

Resolved, That the PRESIDENT of the Convention cause to be for- 
warded to the Mai or- General commanding this Military District, a certi- 
fied copy of the Ordinance, entitled " An Ordinance to Levy a Special 
Tax to defray the expenses of the Convention, and to preserve the credit 
of the State."" 

Mr. N. G. PARKER also offered a resolution that all Ordinances 
adopted by the Convention shall be engrossed and ratified, on being 
signed by the President and Secretary, which was agreed to. 

Mr. B. P. WHITTEMORE offered the following, which was agreed to : 

Whereas, it is important to the interests of the State, and neces.^'ary 
in a historical point of view, that the proceedings of this, the first Con- 
vention in the new era of South Carolina, should be permanently pre- 
served ; be it 

'Resolved, That a Committee of three be appointed to make such 
arrangements with one or more short hand reporters as will secure a 
faithful record of the proceedings and debates of this body, the compen- 
sation for the same to be not more than the sum paid to otficial reporters 
in Congress, and to be paid by the Treasurer of the State, on the pre- 
sentation to the President of the Convention of the proceedings in manu- 
script, ready for the printer, in the bills receivable of this Common- 
wealth, at their market value, that amount to be paid by the Treasurer 
of the State, on the order of the President of the Convention. 

The PRESIDENT named as the Committee, B. F. WHITTEMORE, 
of DarHngton; N. G. PARKER, of Barnwell, and S. LEE, of Sumter. 

Mr. J. M ALLEN, on behalf of John S. Gentry, of Spartanburg 
submitted the following: 

AN ORDINANCE TO ESTABLISH RENTS. 

Resolved, That the landlords shall receive as rents one-third of all 
grain crops and one-fourth of the cotton and tobacco crops raised on 
their lands by the lessees, where the lessor furnishes all the labor and 
capital. 

Resolved, That landlords furnishing the stock and feed for stock shall 
receive one-half the productions of his lands of any crop whatever. 

Resolved, That any one receiving from tenants more crop from the 
productions of his lands than herein is provided, shall be deemed guilty 
of a misdemeanor, which shall be punished ^vith fine and imprisonment 

Laid on the table. 



CONSTITUTIONAL CONVENTION. 195 

Mr. J. M. EITNION offered the following: 

Resolved, That it is essential to the preservation of the rights of every 
individual, his life, liberty, property and character that there shall be an 
impartial interpretation and just administration of the laws, and that 
-every citiz-^^n should be tried by free, independent and impartial judges. 

Resolved, That it is not only the best policy for the country at large, 
but for the better security of its rights and of the rights of citizens of 
this great Republic, that all officers of Srate, from the highest to the 
lowest, shall be elected by the people, and that said officers have reason- 
able and honorable salaries, to be established by law ; Provided, That 
the judges of the Supreme Judicial Court and United States Senators 
may b^^ elected by the General Assembly. 

Laid on the table. 

Mr. J. M. ALLEN presented the petitions of sundry citizens of Piek- 
•ens District, praying the enactment of some measure of relief to parties 
who had sold their property during the war, and had been brought to a 
condition of squalid poverty by receiving therefor worthless money in 
notes and bonds of the Confederate States. Tlie petitioners pray for a 
measure that will afford relief and effect a fair and equitable settlement 
between the seller and purchaser. 

Mr. W. J. WHIPPER moved that the petitiont be laid upon the table. 

The motion was lost and the documents referred to the Committee on 
Petitions. 

Mr. P. J. MOSES, Jr., moved the following, which was referred to the 
Committee on the Judiciary : 

Whekeas, the present system of pleadings, by which the administra- 
tion of justice is regulated in the courts of law in this State, is very ex- 
pensive and tends to much delay, be it 

Reiolved, That the Committee on the Judiciary be instructed to inquire 
into, and report upon, the propriety and expediency of inserting in the 
State Constitution a clause to the following effect : 

"The Legislature, at its first session after the adoption of this Consti-. 
tution, shall, by Act, abolish the present system of pleadings in the 
courts of law in this State, and provide in lieu thereof, that all actions 
in the courts of law shall be by petition, and the Legislature shall at the 
same time p.-escribe rules and regulations for the conduct of such 
processes." 

Mr. A. J. EANSIEE, offered the following, which was referred to the 
Committee on the Judiciary : 

Resolved, That the proper and legitimate work of this Convention is 
that of framing ''a Constitution and Civil Government" for this State, 
{South Carolina,) and of providing for the pay of members and other 
expenses that may be necessarily incurred; that whilst some scheme 



196 PEOCEEDINGS OF THE 

ought to be adopted by which the planters and others in straightened 
circumstances may be relieved, and whilst petitions from any quarter 
ought to be treated with the utmost respect, this Convention will not 
undertake to act upon any subject ihat properly belongs to the Legisla- 
ture, when convened under the Constitution which we shall frame. 

Mr. E. H. CAIN offered the following, which was referred to the Com- 
mittee on Petitions : 

Whereas, the condition of the freedmen of this State is most deplora- 
ble> in consequence of the failure of the crops, in some respects, and by 
the non-payment by the employers of the laborers for their services the 
last year, leaving them in a worse condition pecuniarily than two years 
ago ; and whereas, it is of vital importance that all classes of a commu- 
nity should be placed in a condition of self sustainance by their labor 
and production, which adds to the material prosperity of the State or 
country in which they Live, giving strength and stability to the Govern- 
ment, and augmenting the value of the lands, and adding to the revenue ; 

And whereas, these people have been freed by the operations of the 
war, and left penniless by slavery, with no means at their command to 
purchase lands with, and have become the wards of the National Gov- 
ernment of the United States, whose duty it is to protect them and afford 
them every opportunity of supporting themselves ; 

And whereas, the lands in the State of South Carolina belong to the 
citizens of the State who are willing to sell the same at reasonable 
prices to the freedmen or the agents of the Government, (not being able 
by reason of their present embarrassments to pay for labor to till the 
soil) ; and whereas, the prosperity of this State imperatively demands 
capital to meet the wants of the inhabitants, and believing that the Gov- 
ernment is willing to afford every means of immediate relief to all the 
citizens of this Commonwealth, as well as to encourage the freedmen in 
their efforts to procure homes and become industrious producers, as well 
as consumers ; therefore, 

Resolved, That -this Convention do petition, and they do hereby peti- 
tion the Fortieth Congress of the United States to make an appropria- 
tion of one million dollars of the funds in the possession of the Bureau 
of Refugees, Freedmen and Abandoned Lands, for the purpose of pur- 
chasing lands in this State, now offered for sale in this State or to be 
offered, for the freedmen, and such other persons who may come within 
its jurisdiction, or may apply for aid through said Bureau; and that said 
lands when so purchased shall be sold to the freedmen as homes, in par- 
cels of 10, 20, 40, 50, 60, 80 and 100 acres, to suit the purchasers ; and 
the purchases of said lands shall be made under the supervision of 
Major General 0. 0. Howard, Commissioner of the Freedman's Bureau ; 
and that when said lands are so purchased and sold, the purchaser 
thereof shall enter into an obligation to the Government to pay the 
amount of the value of said land purchased by him, her, or them, from 
the Government, and the Government shall hold claim to said lands by 
bonds, &c., as in all other cases of land conveyances by law, and at the 
expiration of five years the person so purchasing shall make fuU pay- 



CONSTITUTIONAL CONVENTION. 1»7 

ment to tbe Commissioner or Commissioners of the Fveedraan's Bureau, 
or such persons as shall be authorized to receive the same, the full 
amount of the purchase money paid by the Government for the lands 
which he purchased from the same. 

Resolved, That this measure should be passed and made effective as 
soon as possible, as a measure of speedy and immediate relief to the suf- 
fering thousands of both races in this State, thereby saving thousands 
of dollars to the Government, which will necessarily be expended to save 
the people from starvation in the interior of this State. 

Resolved, That we do earnestly i^ray the Congress to take immediate 
action that relief may be afforded the hundreds of thousands of homeless 
and penniless sufferers in this State, and that in these appropriations 
provisions be made to supply the wants of agricultural implements and 
seeds for the farms — the war having destroyed all the means available 
to these people. 

Resolved, That the President of thi-s Ct;nvention be requested to trans- 
mit a copy of this preamble and resolutions to the Congress of the United 
States at as early a day as practicable. 

The PRESIDENT announced that in obedience to the order of the 
house he had appointed Mr. JOHN P. HUGHES, Sergeant-at-Arms for 
the Convention. 

The Special Order for one o'clock, viz. : the report of the Committee 
on Miscellaneous Matters, on a petition to Congress for the continuance 
of the Freedman's Bureau, was taken up. 

Mr. B. F. RANDOLPH moved that the majority report, recommend- 
ing that the Convention petition Congress for the continuance of the 
Bureau, be adopted. 

Mr. B. BYAS. As one of the minority of the Committee, I wish to 
say a word and give my reasons for dissenting from the majority. While 
I admit the necessity for the continuance of the Freedman's Bureau, I 
deem the petition the Congress unnecessary. Congress has already con- 
tinued the Bureau from time to time, and it was natural to suppose would 
have the magnanimity to again prolong its existence if civil govern- 
ment was not restored before the 16th of July, the time fixed for its 
expiration. I am in favor, however, of a petition to Congress for the 
establishment of a Bureau of Education. 

Mr. B. F. RANDOLPH. The petition can do no harm, and Congress 
had asked to be informed by petition or otherwise, from the people of 
the Southern States, whether the continuance of the Bureau was neces- 
sary. In reference to the opinion of General Scott, the latter had stated 
that if civil government was not restored by the 16th of July, the Bu- 
reau would have to be continued. With reference to a Bureau of Edu- 
cation, they all knew the necessity for that, and the Federal Government 
26 



198 PROCEEBIKGS OF THE 

was able in '/ive tlie South from its great revenue, a few millions for the 
education of the children of its impoverished people. 

The question being taken on the adoption of the majority report, it 
was agreed to. 

The next Special Order, a report of the Committee on the Judiciary, on 
a resolution of inquiry as to the legislative powers of the Convention, on 
motion of Mr, E. W. M. MACKEY, was laid on the table. 

Mr. J. M. RUTLAND. I am not prepared to make a speech on this 
question, but it does occur to me that this is not a proper subject for the 
consideration of the Convention. All matters of this kind should be left 
to the Courts to determine, whether they are valid or not. In my opin- 
ion, it smacks somewhat of the spirit of revenge, upon a class of people 
who have been identified with the institutions of the past. I do not 
stand here to advocate the moral right of slavery ; I never did believe it 
right for one man to hold another in bondage, and call him property. 
But such was the law of the land. Slaves were property ; were bought 
and sold, and the country was bound to recognize them as prop- 
erty as long as the institution existed. If this Ordinance was in- 
tended to punish all those who dealt in slaves, it did not effect its object 
at all. If these contracts were to be declared null and void, the result 
would be simply to punish one party — he who sold the slaves, and to pay 
a premium to the man who bought ; and both were morally guilty. Aside 
from this fact, however, the Convention is assembled to frame a Consti- 
tution, and not to decide questions, the decision of which clearly belongs 
to the Courts of law. 

Mr. S. CORLEY. Mr. President: The Ordinance invalidating all 
contracts, the consideration of which was the purchase or sale of slaves, 
is of doubtful utility, and highly dangerous as a precedent, for the gui- 
dance of future legislation. The Constitution of the United States denies 
the right of any State to pass an ex post facto law, or any law impairing 
the obligation of contracts. It is proposed, in the adoption of this reso- 
lution, to violate this plain principle of the Constitution, thus clearly 
expressed. We are framing a Constitution for the purpose of recon- 
structing this State, that she may take once more the proud position of 
an eqiial in the great sisterhood of States composing the "Great Repub- 
lic.'' And is it possible that any one here expects her to be admitted 
the sooner to so noble and honorable a position by endorsing, contrary 
to the letter of the Constitution, the repudiation of any debts or contracts 
whatever ? Certainly we cannot be so completely deluded ! The idea 
that because a man cannot be rightfully held as property, there is not, 
and cannot be, any legal right to his services as such^ is fallacious in the 



CONSTITUTIONAL CONVENTION. 199 

premises, and, therefore, entirely false in the conclusion, and utterly un- 
tenable in fact and every day practice. Perhaps more than half the 
members of this Convention can testify that they were once held as slaves, 
bought and sold as property, and legally held as such, under the lash of 
the task-master — against the injustice of which there was no appeal, 
either in State or Federal Courts. This being admitted, what reason can 
be urged for setting aside any such contracts ? Is there any difference 
bet^veen the seller and buyer in a moral sense ? If the act of the specu- 
lator in the bones and muscles of man was criminal, thai of the purchaser 
was equally, and even more so. The slave trader made no pretensions 
to piety, as he tore the child from the mother's arms to be sold as a 
brute, and separated from her forever under the sanction of the pious 
priest, who denounced the act. and yet purchased the child. I can see 
no good reason for denying the seller's right to collect the purchase 
money from him, whose pious clamor now denounces the contract as an 
outrage upon justice and right. Il the pious purchaser were not an 
idiot, incapalile of entering into a contract — if he got, in his own estima- 
tion, at that time, value received for his obligation to pay, it is not the 
right nor the legitimate business of this Convention to decide whether or 
not he was a fool in accepting as property that which, I trust, we all hold 
could not be rightfully claimed as such. It does not alter the case to 
argue that this species of property was held by force, and the pressure 
being removed by violence — by relentless, cruel, bloody war — therefore, 
the obligation is impaired. He who sells a horse for cash or on credit, 
does not thereby obligate himself to secure to the purchaser the services 
of that animal during his natural life. The owner may so use him as to 
forfeit his right and title in him, and if he does forfeit that right by vio- 
lation of law, then there remains no right with him to deny the payment 
of the consideration. The slaveholders of the South concocted the rebel- 
lion for the express purpose of perpetuating slavery. They madly raised 
their hands against the best government on earth simply to keep them- 
selves in office, and rivet more fii'uily the chains of the unfortunate slave. 
By that rash act, and by using the services of the slave to sustain it, 
they forfeited all rights of property in the same, under the Constitution, 
which defines treason and authorizes its punishment. The legal right 
of the master being forfeited, and the United States Government denying 
the moral right to hold such property, the legal right again reverted to the 
original owner, which is the slave himself. It does not matter whether 
he or his former master has the bill of sale, the fact is patent, and the 
gladdened freedman feels that he is his own master and has the right to 
exercise his own body and mind in the pursuit of happiness. 



Sh>0 PROCEEDINGS OF THE 

But if we admit the validity of such contracts, will that admission in 
any way subject the United States to a liquidation of the claims of loyal 
masters, whose property was wrenched from their hands by the war ? 
Certainly not. By permitting themselves, and the said property, to be 
used in the interest of the rebellion, they forfeited every such right, by 
simply remaining in bad company. Lot saved himself by leaving Sodom, 
but if he had remained all his righteousness would have been inade- 
quate. The innocent must suffer with the guilty, because they acted 
with them. The man who was loyal, and was forced in the rebel army, 
though he loved the Government and was shot as a rebel, was thus 
compelled to accept the situation in the sacrifice of life to rebel perverse- 
ness ; and, certainly, those who could not, or did not prevent their prop- 
erty from being used by the rebellion for its success, cannot expect to be 
paid by the Government for its loss, particularly when, as a military 
necessity, its destruction, as property, was essential to save the life of 
the nation. The poor man lost his life and these slave drivers only their 
property ; and I think the latter have greatly the advantage, and may 
thank God that they have still their heads on. As the Government 
cannot replace the heads of loyal men, I know it never will the property 
of those who have lost less than life. I am willing to go us far as any 
one, by inserting the strongest clauses in our Constitution that can be 
written, to perpetuate freedom and equal rights to all, but I am not 
willing to relieve one class of our citizens from their obligations at the 
expense of another, simply because they have lost their property by an 
illegal process, to right themselves by wronging others. We have al- 
ready pledged this same Convention against repudiation, and the United 
States Courts in this State have decided in favor of these contracts, and 
it is certainly too late to defy the law, reason and common sense. I can 
not consent to relieve this class of creditors ; while my poorer neighbors, 
whose debts for property, more wisely and judiciously contracted, are, 
at least, as jusly entitled to relief by repudiation as any of those quon- 
dom slaveholders. There is no justice in the demand, and the precedent 
itself will be fatal to our success. 

When I remember that those who are indebted for slaves were stronger 
props in the rebellion than those who felt slavery insecure, and sold 
out — and that they exempted themselves from the perils of the battle- 
field to watch over and protect their slaves, while I, with thousands of 
my poor countrymen, were forced to face the leaden hail of the Union 
army, simply to keep them in power as our masters and as yours (allud- 
ing to the colored members), I cannot respect myself longer by reliev- 
ing them of their foolish obligations, while I bind myself and you to 



CONSTITUTIONAL CONVENTION. 201 

oure. Let me say for once and for all, that personally, I have no inter- 
est in the matter. I have no axe to grind. I have never sold or bought 
a slave. I have had the means to have done so, but while yet a boy I 
vowed eternal hostility to slavery, and determined never to claim for my- 
self any right which I denied to others. For the last twenty- Qve years 
I have been persecuted and spit upon, because of my devotion to the 
Union and to freedom. I have been hunted down like a wild beast, 
threated with death, and subjected to attempted expatriation, simply 
because of my public avowal of belief in the great principles of the De- 
claration of American Independence. Thank God, the spell has been 
broken at liast, and the blow which struck the shackles from the hands 
of the slave has also made me free. I thank God that I have at last the 
opportunity, as the representative of the free people of my native Dis- 
trict, to vindicate my right to free speech upon the floor of this Conven- 
tion ; and, still claiming for myself no right which I deny to others, I 
demand that while I , and my non-slaveholding friends are required to 
pay our debts, that every quondam slaveholder shall pay his, or show 
some better reason for his delinquencies than any vote of mine shall 
aftbrd, in the settlement of this question on the floor of this house. 

6n motion of Mr. B. F. WHITTEMOEE, the further consideration 
of the subject was postponed until one o'clock on Monday. 

The Special Order being the unfinished business of yesterday, the 
Ordinance providing for the pay of members was taken up. 

Mr. F. L. CAEDOZO moved to amend by substituting ten cents for 
twenty cents to pay the mileage of members, which was not agreed to. 

Mr. 0. C. BO WEN moved to amend the third section by striking out 
after the words "be it ordained," and inserting the following: "In 
addition to the above, the actual expenses in traveling to the Convention 
by the ordinary route of travel, and returning therefrom once during 
the session, and no more, shall be paid upon the draft of the PEESI- 
DENT to every member who has seasonably attended in the judgment 
of the Convention, and has not departed without leave." Laid on the 
table. 

Mr. E. W. M. MACKEY moved to insert in the sixth line, " and the 
Janitor $4 a day." 

Mr. B. F. WHITTEMOEE moved to amend the amendment by in- 
serting " $5 a daj ." 

Mr. ALLEN moved to lay that amendment on the table, which wat 
agreed to. 

Mr. B. F. WHITTEMOEE then accepted the first amendment offered 
by the gentleman from Orangeburg (Mr. E. W. M. MACKEY.) 



202 PROCEEDINGS OF THE * 

The question was rext taken on the following amendment to the first 
section oflFered by Mr. B. F. WHITTEMOEE : "That the members and 
officers, of this Convention be paid in the ' Bills Receivable' of this State,, 
which are not on a par with United States currency." 

Mr. B. F. WHITTEMOEE. It was understood yesterday that pay- 
ment of the members is to be made in an amount of Bills Receivable of 
the State, equivalent to $8 in greenbacks or legal tender. 

Mr. F. J. MOSES, Jr. Suppose the members are paid off this after- 
noon, and they are given a certain amount of State money to make up 
$8 in greenbacks, and to-morrow morning there is a change. If I pur- 
chase gold with the State money how is the difference to be arranged? 

Mr. B. F. WHITTEMOEE. If I purchase gold to day, and pay one 
dollar and a half for it, and it goes down to morrow to one dollar and 
twenty five cents, I will be compelled to sell it at that rate, if I wish to 
make an exchange. 

Mr. E. J. DONALDSON. I understood the gentleman from Darling- 
ton (Mr. B. F. WHITTEMOEE), proposed that each member should 
have the privilege of receiving pay in greenbacks or bills receivable. 

Mr. B. F. WHITTEMOEE. My desire is that the Journal should 
show what we are actually receiving. In the present shape oi theKDr- 
dinance, we are made to appear as if we are receiving eleven dollars per 
day, whereas we are not receiving that amount in legal tender. We 
are receiving eleven dollars in bills receivable of the State, subject to aU 
the fluctuations of the market. Now if we are to receive eight dollars 
in United States currency, let us announce that distinctly. If the Con- 
vention fixes upon five dollars, let it be five dollars in United States cur- 
rency. If we are to receive our pay in bills receivable at eighty cents 
on the dollar, I desire that a sufficient amount of those bill?' should be 
sold to make up tbe pay agreed upon in United States currency. 

Mr. C. C. BO WEN. I have the same objection to the amendment 
that I made yesterday. I stated then I was willing to take whatever 
the majority of the Convention thought fit. If we cannot be paid in 
United States currency, we are compelled to take whatever we can get. 
The proposition to pay a fixed sum in United States currency, has not 
and cannot be made. I am, therefore, opposed to any amendment. The 
proposition is to take this money at its market value, which to-day is 
eighty cents on the dollar. We get an amount to day at that rate suffi- 
cient to make up eight dollars in greenbacks. Our names go on the 
record as receiving that much, and to-morrow before we have an oppor- 
tunisy of disposing of the bills receivable they may go down to twenty- 
five cents on the dollar. If we have to take these bills receivable, and 



CONSTITUTIONAL CONVENTION, 2^03 

take the chances of a depreciation, I am willing to let the Ordinance 
3tand as it is. 

Mr. B. F. RANDOLPH. I am in favor of the Ordinance as it stands, 
so that we can be paid off, even if the bills go down to twenty-five cents 
on the dollar. 

Mr. DUNCAN. I think the fears of the gentleman from Charleston 
are altogether groundless. It must be remembered thatfcthis money is 
receivable for all State taxes, which will be about $850,000. I have 
already heard of persons writing from the country offering ninety cents 
on the dollar, for the purpose of paying their taxes. I do not think we 
need have any apprehension of these bills falling so low. 

Mr. A. J. EANSIER. I really think nothing is better calculated to 
depreciate this currency than the arguments made on the floor of the 
Oonvention. They would almost lead to the impression that these billg 
are worth nothing. I understand from dealers they are now worth 
about eighty- five cents on the dollar, and as the faith of the State is 
pledged for their redemption, I cannot see even if $76,000 be thrown 
upon the market why they should depreciate more than thirty per cent, 
at the farthest. Being in favor of fijcing the per diem at not more than 
$6, or $7 at the utmost, I will vote for the original Ordinance as reported 
by the Committee. Even if the bills depreciate fifteen per cent, more 
the pay under the Ordinance would amount to $7.25 per day, and that 
ought to satisfy every reasonable man. 

Mr. N. G. PARKER. As Chairman of the Finance Committee, I 
wish to say that while I sympathise with the views of the gentleman 
from Darlington (Mr. WHITTEMORE), I do not advocate his amend, 
ment. I do not see any other way for the prompt payment of the mem- 
bers than the one proposed. There is due now $50,000 in taxes, which 
must be paid on or before the olst of March. When I visited the Tax 
Collector to-day to pay my taxes, he informed me that the money is coming 
in rapidly. That shows that those who wish to pay their taxes are now 
seeking bills receivable, for fear they will rise in value. I think there is 
no doubt this money will appreciate continually from now to the 31st of 
March. 

Mr. W. J. WHIPPER. I hope the amendment of the gentleman 
from Darlington will be lost. I am willing to take whatever a majority 
of the house decides upon. The Finance Committee have informed us 
that it will be impossible to pay off in greenbacks. I am willing, there- 
fore, to let the amount of our pay be fixed in bills receivable, and take 
the chances of a rise or fall. One thing is certain, the taxes can be 
paid in these bills, and I feel assured the members will have an interest 



!^# PROCEEDINGS OF THE 

in keeping up the value of these bills, and will not rush the money un- 
necessarily upon the market ; that they will sell them only as they are 
compelled to supply their immediate wants. I move that the amend- 
ment be laid upon the table. 

The question was taken on the motion to lay the amendment on the 
table, and was agreed to. 

The questioijf was then taken on the passage of the Ordinance to a 
third reading, which was decided in the affirmative and the Ordinance 
ordered to be engrossed, as follows : 

ANOHDINANOE 

Defining the Pay and Mileage of Members ami Officers of this Con- 
vention. 

Sectioit 1. And be it o^xlained, That the pay per diem of the Presi- 
dent shall be $00; members, $11 ; Sergeant-at-Arms, $11 ; Secretary, $11 ; 
Assistant Sergeant- at-Arms, $8 ; Assistant Secretary, $8 ; Engrossing 
Clerk, $7 ; Reading Clerk, $7 ; Doorkeeper, $8 ; Assistant Doorkeeper, 
$6 ; two Messengers, $5 each ; Janitor, $4 ; in bills receivable of the 
State, which have not the par value of United States currency. 

Sec. 2. And be it further ordained, That the mileage of members and 
officers of the Convention shall be (20) twenty cents per mile to and from 
the Convention, by the usual mail routes. 

Sec 3. And be it further ordained, That all payments made in con- 
formity to the several provisions of this Ordinance, or Ordinances, shall 
be upon the recommendation of the Finance Committee and upon the 
authority of the President of the Convention. 

The Convention adjourned. 



FIFTEEISTTH Di^Y. 

Friday, January 31, 1H68. 

The Convention assembled at 12 M., and was called to order by the 
PRESIDENT. 

Prayer was offered by the Rev. W. E. JOHNSTON. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The journal of the preceding day was read and approved. 

Mr. J. M. RUTLAND, from the Committee on the Legislative part of 
the Constitution, made the following report, which was adopted : 



CONSTITUTIONAL CONVENTION. 205 

The Committee, to whom was referred the resolutions requesting the 
organization of d new judicial di&trict out of contiguous portions of 
Barnwell, Edgefield, Lexington, and Orangeburg, beg leave respectfully 
to report that they have had the same under consideration, and recom- 
mend that the subject be left to the future action of the Legislature, the 
Committee having incorporated in the Legislative part of the Constitu- 
tion a section providing for all such cases. 
Eespectfully submitted, 

J. M. EUTLAND, Chairman. 

The PRESIDENT stated to the Convention that "he had a personal 
conference with General Canby last evening, and was satisfied from the 
statement received from the General Commanding, that the object of 
sending the police force was to protect the Convention rather than to 
take any supervision of the body. It wuj ordered for the purpose of 
protecting the Convention from what, according to outside rumors, 
brought to his notice, he thought might occur. The PRESIDENT said 
he had not seen or had any conference with General Clitz. On his arri- 
val here this morning, a Sergeant of Police with a squad of men were 
outside. The Sergeant informed him that he was ordered by the Mayor 
to report to the PRESIDENT of the Convention for orders. As the 
matter was in the hands of the body, and a resolution adopted to have 
no policemein on the floor until the Committee appointed on the subject 
was heard from, he had directed them to remain outside until the plea- 
stire of the Convention was known. 

Mr. T. J. COGHLAN offered the following, which was referred to the 
Committee on Miscellaneous Matters : 

Whekeas, the prosperity of the State, like that of families, depends 
on the harmony existing among its members, and the precepts of true 
religion teaches us to do unto others as we would they should do unto 
us ; and 

Whereas, our newly enfranchised citizens have displayed their good 
sense and strong love of country by a cordial and unassuming co-opera- 
tion with the rest of their fellow citizens, in promoting the true interests 
of our beloved State and glorious Republic ; be it 

Resolved, That this Convention take such action as it may in its wis- 
dom deem compatible with its powers, and conducive to the public weal, 
to expunge forever from the vocabulary of South Carolina, the epithets 
" negro," *• nigger," and " Yankee," as used in an opprobious sense. 

Resolved, That the exigencies and approved civilization of the times 
demand that this Convention, or the legislative body created by it, enact 
such laws as will make it a penal offence to use the above epithets in the 
manner described against an American citizen of this State, and to pun- 
ish the insult by fine or imprisonment. 
27 



306 PROCEEDINGS OF THE 

Mr. B. F. RANDOLPH said : As a member of the Committee on Mis- 
cellaneous Matters, he hoped the gentleman who introduced the above 
resolutions would also give the Committee some instructions upon them. 

Mr. B. F. RANDOLPH offered the following, which was referred to 
the Committee on Miscellaneous Matters : 

Reaolved, That institutions for the benefit of the insane, blind, deaf 
and dumb, and the poor, shall always be fostered and supported by this 
State, and shall be subject to such regulations as the General Assembly 
may direct. 

Resolved, That the Directors of the Penitentiary shall be elected or 
appointed as the General Assembly may direct. 

Resolved, That the Trustees of benevolent and other State institutions 
as may be hereafter created, shall be appointed by the Governor, by and 
with the consent of the Senate ; and upon all nominations made by the 
Governor, the questions shall be taken by yeas and nays, and entered 
upon the Journals. 

Resolved, That the Governor shall have power to fill all vacancies that 
may occur in the offices aforesaid, and said appointees shall hold over to 
the next meeting of the General Assembly, and until a successor is 
qualified and confirmed by the Senate. 

Mr. S. CORLEY offered the following, which was referred to the Com- 
mittee on the Judiciary : 

WhebeIs, the rebel Legislature of South Carolina did authorize guar- 
dians to invest the funds of their several wards in Confederate bonds ; 
and 

Whereas, the present Provisional Government fully endorses the said 
Act, by the operation of which many innocent and helpless orphans have 
lost their entire es^tates, and the said bonds are now being tendered by 
guardians in lieu of United States currency toward a final settlement 
of all such claims; therefore, 

flesolved. That in the opinion of this Convention the legislation au- 
thorizing a tender of Confederate bonds by guardians in settling the 
claims of their wards is a monstrous wrong, contrary to the Constitution 
and laws of the United States, and therefore null and void ; and that all 
the parties concerned are now in the same legal relation as though no 
such legislation had ever been enacted. 

Resohed, That the Committee on the Judiciary be directed to prepare 
an Ordinance, which will reach all classes of this complicated swindle ; 
and determine whether or not guardians who sold property, or invested 
the proceeds, during the rebellion, are entitled to any exception or favor 
on that particular ground. 

Mr. J. J. WRIGHT moved to lay the above resolutions on the table, 
which was not agreed to. 

Mr. CORLEY also offered the following, which was referred to the 
Committee on the Judiciary : 



CONSTITUTIONAL CONVENTION. ^O* 

"Whereas, the people of South Carolina have nowr the advantage of a 
penitentiary system for the punishment of criminals ; and 

Whereas, the State is now in a condition to protect the lives, property 
and best interests of every class of its population, without resort to ex- 
treme modes of punishment ; and 

Whereas, there is no imperative demand for capital punishment when 
society can otherwise protect itself against the depravity and violence of 
the lawless ; therefoi'e 

Resolved, That it be referred to the Legislative Committee to deter- 
mine whether or not tht following, or a similar clause, shall be incorpo- 
rated in the Constitution of the State, to wit : 

" That no violation of the laws of this State shall be deemed a capital 
oflFence ; that imprisonment for life shall be substituted for the death 
penalty ; and for a less offence than murder, the period of incarceration 
shall be graduated to accord with the moral progress of the criminal, in 
conformity to the provisions of a wholesome prison discipline." 

Mr. CORLEY offered the following, which was referred to the Finance 
Committee : 

Whereas, the several Banks of the State have, by the suspension of 
specie payments during the war and since, forfeited their charters ; and, 
whereas, by their complicity in the Confederate swindle, they have for- 
feited the respect and confidence ot the people of this commonwealth, 
therefore 

Resolved, That the Committee be requested to report some action de- 
signed to secure the people, in the future, against such a system of 
legalized swindling, by requiring that hereafter no such corporations 
shall be allowed to conduct any banking operations whatever, otherwise 
than upon the real amount of capital employed, and that the members of 
all such corporations shall be held amenable to the common law enacted 
for the government of all other citizens of the State. 

Resolved, That whether or not the issues of the Bank of the State, 
prior to the war, are pledges by the people to the people of this common- 
wealth, and if they are, having pledged this Convention against the 
repudiation of every form, it remains for us to distinguish between repu- 
diation in a collective and in an individual capacity, and, failing to do 
80, that some plan to redeem their pledges be reported. 

Mr. B. 0. D.UNCAN, in view of the statement of the President re- 
garding the police force, moved that the action of the house yesterday 
on the subject be reconsidered, and that the matter be left with the 
President to give instructions to the police hereafter. 

Mr. B. BYA"^ moved to lay the motion on the table, which was not 
agreed to. 

Mr. R. J. DONALDSON asked that the original motion be withdrawn 
until the Committee to wait on General Clitz could be heard from. 

Mr. B. 0. DUNCAN thought the report of the President sufficient. 



908 PROCEEDINGS OF THE 

Mr. W. J. WHIPPER hoped the motion would be voted down, as the 
Committee were then out, and, on their arrival, it would be time enough 
to act. The report of the Committee might throw some light on the 
subject requiring different action. 

The question was taken, and the Convention refused to reconsider its 
action of the previous day. 

Mr. J. M. RITTL \.ND moved that when the Convention adjourn, it 
Htand adjourned until 12 o'clock Monday. Mr. RUTLAND stated that 
his object in offering the resolution was to give time to the Committee to 
have a conference in reference to the Constitution, in order to shape it 
for presentation to the Convention Monday. 

The motion wa.s agreed to. 

Mr. S. A. SWAILS presented the petion of sundry citizens of Wil- 
liamsburg District, which was referred to the Committee on Petitions. 

Mr. N. G. PARKER offered the following, which was referred to the 
Committee on Miscellaneous Matters : 

Resolved, That it shall be t)ie duty of the General Assembly to prpyide 
for the organization of cities and incorporation of towns, and to restrict 
their powers of assessment and taxation. 

Mr. A. C. RICHMOND offered the following: 

Whereas, considering that several members of this body deem it 
desirable to offer numerous and divers resolutions, apprehending possibly 
that the voice of the people may be heard asking why all the delegates 
do not offer resolutions for the good of this people, that the homeless 
shall have homes, the houseless houses, the landless lands, the money- 
less money, and that debtors shall be debtors no more, Confederate scrip 
no scrip, that all shall sin no more ; therefore be it 

Resolved, That of one blood were made all the nations of the earth, 
that the poor shall always be with us, that the hungry will always need 
food, the naked clothing, the landless land, the homeless homes, and the 
moneyless money ; in fine that all future legislation should be in the in- 
terests of humanity, of justice and protection to the poor, and justice 
and security to the rich. 

Mr. T. HURLEY moved that the above be referred to a Committee on 
Spiritualism. 

The resolution and motion not being seconded, were not receive^, an,d 
no question taken on their adoption. ., 

The Ordinance defining the pay of members was taken up, read a 
third time, and adopted as follows : 



• " CONSTITUTIONAL CONVENTION. 309 

AN ORDINANCE 

Defining the Pay and Mileage of Members and Officers of the Convention. 

Sec. 1. And be it ordained, That the pay per dieui of the Members shall 
he (eleven dollars) $11 ; Sergeant-at-Arms (eleven dollars) $11 ; Secretary 
^eleven dollars) Sll ; Assistant Sergean>at Arms (eight dollars) $8 ; As- 
pistant Secretary (eight dollars) $8 ; Engrossing Clerk (eight dollars) $8 ; 
Reading Clerk (seven dollars) %1 ; Doorkeeper (eight dollars) $8 ; Assist- 
ant Doorkeeper (six dollars) $<» ; Two Messengers (ftve dollars) $5 each ; 
and Janitor (four dollars) $4, in bills receivable of the State, which have 
not the par value of United States currency. 

Sec. 2. And he it further ordained, That the mileage of members 
and officers of the Convention, shall be ('20) twenty cents per mile to and 
from the Convention by the usual mail routes. 

Sec. 3. And be it further ordained, That all payments made in cofl- 
formity to the several provisions of this Ordinance or Ordim^nces, shall 
be upon the recommendation of the Finance Committee, and upon the 
authority of the PRESIDENT of the Convention. 

Messrs. B. 0. DUNCAN, Dr. N- J- NEWELL, and WM, B. JOHN- 
STON, asked leave to record their votes in the negative. 

Mr. L. S. LANGLEY moved that the vote by which the above Ordi- 
nance was passed be reconsidered, and that the motion to reconsider be 
laid upon the table. Carried. 

Mr. N. G. PARKER moved that the printer be paid weekly. 

Mr. C. P. LESLIE moved to amend, by adding the words " after this 
week." If this was not done, the printer would want the whole $12,000 
received from Columbia. 

The amendment was adopted. 

Mr. J. K. JILLSON called for the report of the Committee appointed 
to wait upon General Clitz. 

Mr. B. F. WaiTTEMORE, Chairman of the Special Committee ap- 
pointed to wait upon General Clitz, reported that they had seen that 
gentleman, and he had stated that by order of General Canby, he re- 
quested the Mayor of the oity to furnish, yesterday, a Sergeant and five 
policemen, to be in attendance at the Hall of the Convention, and to be 
ready for any order they may- receive frpm the ^RESIDENT. Generjal 
Clitz said the police were sent to prevent occurrences sipi^ar (tp ti^at 
which occurred on the floor of the Convention the 9,thej.* day b,etween a 
member of the body and a representative of the press of the city. 

General Clitz also remarked that the Sergeant ha(^ no instructions to 
come upon the floor of the house, but to repiain outside, ready for any 
call made by the PRESIDENT, and that he transcended his orders in 
coming inside the Convention. 

Mr. F. J. MOSES, Jr.. offered the follo;w^ing : 



3ia 



PROCEEDINGS OF THE 



R.esolved, That the house receive the explanation tendered to the Com- 
mittee by General Clitz, of the motives which led him in ordering the 
Mayor to send a body of policemen to the Convention as satisfactory^ 
and that the Committee be discharged. Carried. 

The PEESIDENT stated that the resolution adopted by the Conven- 
tion yesterday that no policeman be admitted to the floor until the report 
of the Committee, expired by its own limitation. It was now proper for 
the Convention to take such action as they might think proper with 
reference to the policemen sent to this body. 

Mr. B. F. WHITTEMOEE moved that the policemen remain outside 
of the door of the Convention, subject to the order of the PEESI- 
DENT, which was agreed tO'. 

Mr, T. BTJELEY moved to reconsider the vate whereby the Ordi- 
nance annulling all contracts for slaves, was made the Special Order for 
on© o'clock Monday, which wag not agreed to. 

Mr. B. BYAS moved to take up from the table a resolution offered by 
him to have a clock placed ever the PEESIDENT'S chair, which was 
not agreed to. 

On motion of Mr. N. Q. PAEKEE, the Convention adjourned. 



S I X T E E TNT T H D ^V Y . 
monday, February 3, 1868. 

The Convention assembled at 12 M., and was called \o order by the 
PEESIDENT. 

Prayer was offered by the Eev. H. D. EDWAEDS. 

The roll was called, and a quorum answering to their names, the 
PEESIDENT announced the Convention ready to proceed to business. 

The Journal of Friday's proceedings were read and approved. 

The PEESIDENT stated that he had been informed since his arrival 
that several of the Standing Committees on the Constitution were ready 
to report. It would be proper, if the Convention so desired it, to have 
the reports printed, and made the order of some day, giving time to the 
printer to have them ready to lay upon the tables of the members. If 
the reports were read, the hour for the Special Order would intervene, 
and the reports would have to be suspended. 



CONSTITUTIONAL CONVENTION. 311 

Mr. B. O. DUNCAN moved that the reports be read bj their title, and 
printed, which was agreed to. 

Mr. F. L. CAEDOZO moved to su'spend the Special Order, which was 
not agreed to. 

Mr. R. B. ELLIOTT moved to amend by making the reports the 
Special Order for on« o'clock Wednesday, which was agreed to. 

Mr. B. F. WHITTEMORE, Chairman, presented the Bill of Rights, 

Mr. J. M. RUTLAND presented the report of the Committee ou the 
Legislative part of the Constitution. 

Mr. C. C. BO WEN presented the report of the Committee on the Ju- 
diciary. 

Mr. F. L. CARDOZO presented the report of the Committee on Edu- 
cation. 

Mr. B. F. RANDOLPH rose to say that the press of the country was 
doing them injustice, as they were everywhere reported as receiving $11 
per day. He therefore offered the following ; 

Resolved, That the Present of the Convention be requested to inform 
the Associated Press at the North that the actual pay of the delegates of 
this body is only about seven dollars and a half per day in United States 
currency. 

Mr. W. J. WHIPPER moved that the gentleman be requested to 
forward the information himself. 

On motion of Mr. F. J. MOSES, Jr., the resolution was laid on the 
table. 

Mr. B. F. RANDOLPH offered the following, which was referred to 
the Committee oa the Miscellaneous Provisions of the Constitution : 

Resolved Iht. The General Assembly shall provide for the organization 
and equipment of an efficient militia, which the Governor shall have 
power to call forth to execute the laws, suppress insurrection and repel 
invasion. 

2d. All male citizens, residents of this State, being eighteen 3 ears of 
age, and under forty five years of age, shall be enrolled in the militia, 
except those persons exempted by the laws of the United States. 

3d. Persons whose i-eligious tenets, or conscientious scruples, forbid 
them to bear arms, shall not be compelled to do so, but shall pay an 
equivalent for personal service. 

4th. The Adjutant-General and Quartermaster-General shall be ap- 
pointed by the Governor, but all other officers shall be appointed, elected, 
and serve as the General Assembly may direct. 

Mr. B. 0. DUNCAN offered the following resolution, which ^;wae 
agreed to : 



313 



^ "DtNGS OF THE 



Resolved, That a Committee, consisting of two from each Congressional 
District of the State, as they existed in 1H60, prior to the act of secession 
of the 19th December, 1860, be appointed by the President, to inquire 
and report to this Convention, what number of representatives it will be 
proper, according to the present law of the United States, that this State 
shall elect to the Congress of the United States : and that the Committee 
shall also report on a suitable construction oiP the Congressional Districts, 
according to representatives allowed us. 

Mr. DUNCAN also offei*ed the following, which was referred to the 
Committee on the Judiciary : 

Where AE, a large proportion of the executors, administrators, guar- 
dians, and other fiduciary agents, appointed iii this State prior to' and 
during the late rebellion, either actually did or fraudulently pretended 
to have invested the funds and estntes of their cestui que trusts in the 
securities of the rebel States, created for the purpose of carrying on war 
against the United States; 

And whereas, investments made in such securities in aid of the said 
rebellion, was not only treason against the United States, btit when made 
by trustees and other fiduciary agents, a fraud upon the rights of the 
persons whom they were appointed to represent, and who were legally 
incompetent to protect their own interests ; be it therefore 

Resolved, That all investments of the funds and estates of infants, 
married women, idiots, lunatics, and other cestui que trusts, in the s>^cu- 
rities of the late rebel government, or in the securities of any one of the 
rebel States, created for the purpose of carrying on war against the 
United States, by executors, administrators, guardians, masters and com- 
missioners in equity, trustees, and other judiciary agents, are, and shall 
forever hereafter, be held to be absolutely null and void, and no plea or 
pretence of any such investments shall avail in any court of law or equity 
in this State to bai or hinder any cestui que trust from recovering his, 
her or their estate in lawful money of the United States of America. 

Resolved, That it be referred to the Committee on the Judiciary, to 
draft a provision to this effect, to be inserted in the Constitution to be 
framed by this Convention. 

Mr. R. G. HOLMES presented the petition of sundry citizens of Beau- 
fort, praying for the change of the location of the Court House of that 
District to that town. Referred to the Committee on Petitions. 

Mr. J. K. JILLSON offered the following, which was referred to the 
Committee on Franchise and Elections : 

Resolved, That every male person of the age of twenty-one years, or 
upwards, belonging to either of the following classes, who shall have 
resided in the State for one year next preceding any election, shall be 
deemed a qualified voter at the time of each election : 

Ist. Citizens of the United States. 

2d. Persons of foreign birth who shall have declared their intention 



CONSTITUTIONAL CONVENTION. 213 

become citizens, conformably to the laws of the United States un the 
subject of naturalization, and the provisions of the Constitution of the 
TTuited States. 

8d. No person under guardianwhip, non compos mentis, or insane, 
shall be qualified to vote at any elections ; nor shall any person convicted 
of treason or rebellion against this State, or the United States, or of 
felony, be qualified to vote at any election, unless restored to civil rights. 

All votes shall be given by ballot except for such township officers as 
may, by law, be directed by the Legislature to be otherwise chosen. 

No person shall be deemed to have lost his residence in this State by 
reason of absence on business of the United States or of this State. 

Laws may be passed excluding from the right of suttVage all persons 
who have been or may be convicted of bribery or of larceny, or of any^ 
infamous crime, and depriving every person who shal). make or become 
directly or indirectly interested in any bet or wager depending upon the 
result of any election, from the right to vote at such election. 

No soldier, seaman, or marine, in the army or navy of the United 
States, shall be deemed a resident of this State in consequence of being 
stationed within the same. 

Mr. C. P. LESLIE, as a member of the Committee on Franchise and 
Elections, said the Committee would be ready to report at an early day, 
and returned his thanks to the gentleman ofi"ering the above resolutions 
for the magnanimity and generosity they displayed. 

Mr. J. H. EAINEY offered the following, which was agreed to : 

Resolved, That this Convention do hereby declare to the peo])le of 
South Carolina, and to the world, that they have no land or lands at 
their disposal, and in order to disabuse the minds of all persons what- 
ever throughout the State who may be expecting a distribution of laud 
by the Government of the United States through the Bureau of Refu- 
gees, Freedmen and Abandoned Lands, or in any other manner, that 
no act of confiscation has been passed by the Congress of the United 
States, and it is the belief of this Convention that there never wiU be, 
and that the only manner by which any land can be obtained by the 
landless will be to purchase it. 

Mr. J. H. RAINET also offered the following resolution, which was 
referred to the Committee on Legislation : 

Whekeas, the general good, which it is the theory and policy of the 
law to promote, has been heretofore prejudiced by the mal-practice of 
conducting in Charleston proceedings for and effecting, by Charleston 
officers, sales of property located in the country Districts ; and, whereas, 
this objectionable practice is at once viols/tive of the aforesaid theory 
and policy, and destructive to a certain extent of the interest of whole 
communities ; therefore be it 

Resolved, That it be referred to the Committee on Legislation to in- 
quire into and report to this Convention upon the expediency of provid- 
28 



»1I PROCKEnrNrrS OF THE 

iug by Ordinance that all public sales of property hereafter nnvde in thi^ 
State, shall take place in the several Districts in which tho prijpe:'^,y s )M 
is situated, and that all titles, warrants and other papers, in reference t.> 
said sales shall be only recorded or deposited in the proper public o'fice.^ 
of such District. 

The hour for the consideration of the Special Order having arrived, 
" An Ordinance ^o annul all contracts and liabilities for the purchase of 
slaves, where the money has not be^n paid," Mr. 0. 0. BO WEN stated 
that the Judiciary Committee had reported an Ordinance, which was 
read. 

Mr. B. O. DUNCAN. The question before us to day, is one of relief 
in a different form from the one we had up last week. As that measure 
was stamped by its opponents as a stay -law, for the sake of killing it, 
and as it has become fashionable for every one to set himself right on 
the question of relief, it may be allowable for me to state here more 
clearly what was my understanding of the petition to Q-eneral Canby, 
and my idea of relief. I wish it definitely undersfood. once for all, that 
I am no repudiationiat, and no advocate for stay-laws. I am opposed t ) 
both in principle, and on constitutional grounds. I thought at first, and 
still think, that, as a matter of abstract justice, old debts should be 
scaled, somewhat to accoi'd with the present value of property, or that 
the property itself should be returned as pay. That, however, I do not 
regard as at all like repudiation. But even that idea I have now given 
up, and will be satisfied if we succeed in the measure now before us, 
and in establishing a liberal homestead law, to be retrospective. I be- 
lieve we can establish both, so they will stand the test of tho courts ; 
and, as to the absolute necessity of affording all the relief possible to 
the country, I am confident no intelligent man in this Convention for one 
moment doubts. Indeed, there is scarcely a prominent member in the 
Convention, who has not spoken out, freely in favor of relief. It is so 
manifest that the future welfare of the r^ountry demands relief for all 
classes alike, that no one is willing to have his name recorded as op- 
posed to it. 

Now, .^s I understood the petition to General Canby, it was only to 
gain time to mature other measures of relief — not to repudiate, or to 
enact a stay-law of longer duration. 

One of the measures proposed, we bave before us now ; the other, we 
will have before us in the discussion of the homestead law in the Con- 
stitution. 

We will now enter upon the examination of the question before us, 
and hope to establish clearly, that we have the power to annul all debts 



CONSTITUTIONAL CONVENTION. 315 

or obligations of any kind for slaves, and that justice and the future wel- 
I'iire of the country demand that we should do so. I am well aware that 
the most troublesome point in the way is the right of contract. But is 
not the very essence of every contract, value for value i' If I sell a piece 
of property, and it is afterwards found that the property is not sound, 
oi' that the titles to it are not good, I am not entitled to pay for it, be- 
cause there has not been value for value. It makes no diflFerence what- 
ever, as to whether or not I knew the property was not sound, or the 
titles not safe. Is not this exactly the case with contracts fur slaves ? 
Tlie very ef-sence of all contracts — value for value — has been violated in 
all contracts for slaves during the last ten or twenty years. The titles 
to slave property have been found entirely uusound, and are consequently 
in the eyes of 'he law null and void. So that in either view ol the case, 
as to the validity of the titles, or as to the sacredness of contracts, we 
are entitled to set aside all these coatracts, as in the eyes of the law, 
absolutely illegal, null and void. 

Again, all of us in this Convention admit that slavery was a great 
moral and political evil — a crime against civilization and Christiaaity. In 
the light of justice and of true Christianity, it never would have legally 
existed. The institution was a relic of barbarism, inherited from our 
fathers, and from the very scum of all lawless desperadoes, the African 
slave traders. Shall we now, after having succeeded in getting free 
from this terrible curse, still continue to recognize its legality in any 
shape or form t Was it not bad enough to be forced to recognize it 
while it existed, without continuing to do so since it has ceased to exist ? 
Then, we had a most potent reason lor recognizing it ; we could not help 
it. But now it deyiends entirely upon ourselves. 1 am convinced, that 
properly consideied, leaving out prejudice and personal interest, no one 
in this Convention would think of opposing this measure, which proposes 
to annul forever all rights growing out of slavery. But here, we are not 
left to our own resources. These contracts have been set aside in va- 
rious places. If I am not mistaken, the United States District Court of 
Louisiana has decided against their validity. General Sickles, who is an 
able lawyer as well as a true Republican General, set aside all debts for 
the purchase of slaves. See his order No. 10. This he did in his ca- 
pacity of military commander. But is it not clear, that he would not 
have done so, had he considered them valid like other debts r' Again, 
the Congress of the United States, on the 18th of March, 1867, passed a 
bill annulling a previous coutrai.t to pay for all slaves drafted into the 
United States army. All of the Eepublicans and some of the Demo- 
crats voted in lavor of this, thus clearly showing that they regarded all 



316 PROCEEDINGS OF THE 

contracts for slaves as null and void. In view of all these facts, shoald 
we, as a Convention, hesitate to do what every principle of justice st? 
clearly demands ? 

Again, I "contend that still to recognize debts or obligations of any kind 
for slaves, is still to recognize rights in islavery. Are we, the represen- 
tatives of a party opposed to every principle of slavery, willing that it 
shall be said of us that we recognize any right growing out of slavery ? 
I believe not. I believe it would little correspond with the professed 
principles of any white member of this body to do so. Nor do I believe 
it would comport with the dignity and sense of justice of any colored 
man to recognize that rights for slaves do now, or ever did legally exist. 
While I cannot agree with my very enlightened and accomplished friend 
from Charleston, who says he can never forgive one who has bought or 
sold a slave, I do most heartily agree with him as to the great wrong of 
slavery ; and I trust that he will agree with me as to the necessity of 
destroying now and forever, every vestige of slavery, and every sem- 
blance of a recognition of rights or obligations of slavery in whatever 
kind. The opportunity is now afforded us to set aside such claims for- 
ever. It is said by some, let the Courts decide this. But I would reply 
that the Courts must decide according to law, and let us make a law by 
which they may decide. We are the representatives, direct from the 
people, with the power to make a Constitution and laws for the people, 
and Courts to be governed by; even more, to make the Courts them- 
selves. The «.'ourts are our creatures, and without our action they would 
have no existence. 

If we make a Constitution and laws which will be accepted by the 
people, I believe no State Court will venture to set it aside. Nor do I 
believe the day is far distant, when the Supreme Court of the United 
States will cease to recognize any obligations based on slavery. It is the 
great fundamental principle of our party, that slavery and every thing 
connected with it, or gi'owing out of it, shall cease to exist. I have all 
confidence that a principle so just and so noble will overcome all obsta- 
cles. L-^t us, as the representatives of such principles in South Carolina, 
not fail at the very threshhold to do our duty. 

A few words in reply to the gentleman from Fairfield, who opposed 
this measure la?t week. I can imagine two reasons' why he, as a lawyer, 
should oppose this proposition. The one — his great desire that there 
should n6t be even a semblance of violation of law. But if he will go 
back of the law, to what should be the foundation of all law, to the 
principles of justice, his objection oH this point must fall to the ground. 
The Other reason is one cominon to all lawyers, and which may account 



CONSTITUTIONAL CONVENTION. 917 

in some measure for nearly every lawyer opposing any measure of relief, 
the desire to have as many law suits as possible, arid as many people 
ruined; so they can secure the Waves and fishes. I have too much con- 
fidence in my friend from Winiisboro', to think that this latter motive 
lias any influence with him. But I cannot, for the life of me, find any 
reason why he, as an individifal desirrtUs of the prosperity and welfare 
of the whole people^ should oppose a mea'siire, so "wise and just, and cal- 
culated to afi"ord' so much relief. ^'■>i''^' ,Uifini>i.-.(j. r , , , 

Mr. J; J. WRIGHT. Mr. President and gentlemen of the Oonven- 
tion'; I hdpe g^ntleln^n who are on fhe other side of this question, who 
h^Ve been pilin'g u^ so''nkubh for seVferal d^ft/^s' t**®*' '^'^^'^ ^^^ ^® afraid to . 
discharge it.' I preshme the gentleman who Spoke la^t, bfelieved that all 
the ihe'mbers of the legal profession in this Convention Were oppbsed to 
this Ordinance ' '* "' 

Mr. B. 0. tJUNOi^. I do not think so. 

Mr. J. J. "WTilGHT. I am decidedly in favor of the measure. I 
came entertaining no malice, hatred or prejudice, against any person or 
persons that ever held slaves. I contend that the institution of Ameri- 
can slavery never was a legal institution, that it never was so by any Act 
or law. It was simply regulated by law, and as necessary to regulate it 
by law as other processes entered into and carried on by men. It was 
necessary to make very stringent laws in order to protect those who held 
persons in bondage, because they held in bondage men endowed with all 
the powers of intellect, capable of being trained and developed. When 
the intellect of these men were drawn out and developed, then it was that 
the men who he'd them began to tremble for their lives, because they 
were in danger of having their throats cut, or something of the kind. 
This very fiict is ' sufiicient to show'^that those persons they h'(ild WSte 
men in every sense of the definition of man. We have, tlierefore, in 
order to show the justice of this inpasure, shown tha4; there Can be no 
property in man. To do this, we only refer to the decisions given by the 
highest courts in the oW world, and those rendered in otlr own' courts, 
to ptbve conclusively, that there never has beenynor never could be, 
property in man. Therefore I lay down this proposition, that whenever 
a 'debt was coritracted, the proposed consideration of which was a slave, 
there was ho eorisideration received, and where there was no coneidera • 
tion the debt was ritill And void. In thus repudiating these debts we do 
• no liiore than follow the example set us in history, and the example of 
our'ovWi'go'^'erfaih (Slit, which has' given us thepower to assemble in Con- 
vention. ! 

I know it is said by our opponents that we are an unlawful assembly, 

rn tfl'if^ •, (t; 



918 PROCEEDINGS UF THE 

that we are an uncoustitutioual body. I Jo not propose to disuasa 
whether we are or are not, an unlawful or unconstitutional body. I 
know we are here under the laws of the Congress of the United States, 
lawfully called together for the discharge of certain duties, a ad the re- 
pudiation of debts contracted for slaves. We are not here to establish any 
new precedents. I need only refer you to the fourth section of the Con- 
stitutional Amendment, which reads as follows: "Any obligation in- 
curred in aid of the rebellion, or any claim for the loss or emancipation 
of any slave, shall beilleg d and void." That is a provision of the Con- 
stitutional Amendment which all the Legislatures of the South refused 
to accept. Under the Reconstruction Act we must adopt this amend- 
ment before our State can be restored to the Union. This amendment 
repudiate? aU claims for slaves, and would it be wise for us to refuse to 
carry out the laws under which we are acting? There is another ]>\nsun 
why we should repudiate these debts. We are here to lay the foundation 
for a new government. We are here, I trust, as I have already said, 
with hatred and malice towards no man who has held a slave. I trust 
we are here to extend the right hand of fellowship to all, and that our 
hearts will be filled with the milk of human kindness towards all. But 
we should repudixte these debts, from the very fact that we are here to 
lay the foundation for a new government, and in the laying the founda- 
tion of a new government it becomes our duty to have no litigation going 
on in our Courts where the consideration is for slaves. 

It is the duty of the Convention to du what ? It is our duty to destroy 
all the elements of the institution of slavery. If we do not, we recog- 
nize the right of property in man. We are not to recognize the right of 
our Courts to go on contending and fighting over these matters. We 
should not allow them to proceed bringing in their witnesses on each 
side, and continuing the cases perhaps for half a century, contending 
over slavery, and discussing whether one man had the right of property 
in another man. 

It is not necessary for us te turn back or appeal to the moral code. It 
is not necessary for us to look up the decisions of the Courts. It is 
enough to know that we are men ; that the object of the Convention is 
to give every man an equal chance before the law, and then if he does 
not show himself a man, then the fault is his and cannot be chare-ed to 
the Convention. Therefore, let everyone of us give our voic^^s and votes 
in favor of repudiating these debt--, and show to the people of South Caro- 
lina and to the world that we advocate the broad principles of humanity. 
Ideny that this is a class measure. I believe this measure to be one of 
the best we can give the people of South Carolina. It is not generally 



CONSTITUTIONAL CONVENTIO>T. 2I» 

the purchaser who will be the loser, but the seller. Many of these men 
to whom these debts are duo, are those who trafficked in slaves and came 
irom all parts of the United States. They came from the Northeast and 
the West. They came with vessels bringing a cargo of slaves, sold them 
to the people of the South, put what money they could in their pockets, 
and went back where they belonged. Many of them are now around 
with their bonds expecting to get their money, and they ought to suffer. 
I believe the repudiation of these debts will save many a widow and 
orphai) from starvation, and perhaps from death. I hope we will show 
to the people of South Carolina, and to the world, that we are not aftaid 
to do our duty, so that those who shall come hereafter cannot rise up and 
say when this Convention had the privilege of proclaiming that man was a 
man anywhere and everywhere, at all times, they refused to do it. God 
forbid that any man in the Convention should vote against the repudia- 
tion of these bonds. 

Mr. R. C. DeLAEGE, I did not think any extended ai^ument in 
favor of the repudiation of these bonds necessar}'. I believe every mem- 
ber upon the floor, with one or two exceptions, have already decided that 
these debts shall and must be repudiated. I simply rise, as no one on 
my side of the house has attempted to reply to the delegate from New- 
herry. The opposition have failed to respond, but have worked hard 
and have been vigilant amongst the members before the meeting of the 
Convention. I desire to correct a misapprehension made upon the minds 
of members by the remarks of the delegate from Lexington last week. 
In his speech he ergued that in the repudiation of these bonds only one 
class of landholders would suffer, and the other class go freye. The only 
way to nuke both classes, >ieller and purchaser, suffer, is to repudiate 
these bonds. A simple incident would illustrate this. At the sale of a 
certain esta*e in the city, a slave broker purchased three families, took 
them to New Orleans, and from thence to Montgomery, Alabama, but 
failed to realize the profits anticipated. The brother of the deceased 
whose estate was sold, wrote to the broker, and purchased twenty-two of 
the slaves, agreeing to pay $22,000. Of this amount he paid $11,000 in 
cash, giving a bond for che other half. The slave broker became in- 
solvent, and the estate never realized anything from the sale of the 
slaves, but the broker since then has realized his interest on the $11,000 
due up to tJie 1st <»f January, 1868. The interest accruing since that 
time would amount to three or four thousaijd dollars. If, therefore, 
they fail to repudiat*- these bonds, they protected one class of slavehold- 
ers against another. Again, the State Convention of 1865 abolished 
slavery, audit would be unjust to require a purchaser to pay for so-called 



aaO PKOCEEDIKGS OF THE 

property, taken from him by the Act of the State without any compeB- 
sation. If they failed now to repudiate these debts, the day might come- 
when the once holders of slaves will clamor for compensation. I^ hope- 
no member allied to my race will say to the world that he is leas than 
9la^, or that he acknowledged that he is a fit subject to become prop- 
erty?' . 

Mr. J. jyi. RUTLAND. I had not intended to speak upon the;;ubject, 
in consequence of being somewhat indisposed, but I am surprised to hear 
the gentjeinan from Newberry set out with a v^yy remarkable assertion 
that he is no repudiationist, no stay law man, and then repudiate in the 
very next breath. 

In order to get at this question at all, in order to have an opportunity 
for argument, they had, in the first place, to set aside the Gont,titution 
and laws of the United States, and the Constitution and laws of 'vir.tli. 
Garolinp,, as they have heretofore existed ; and the opposite side had 
commenced by tirades and appeals upoji a question which is peculiarly a 
legal one and peculiarly within the province of the Courts for their de- 
cision, and not for this Convention to waste its cime upon. They speak 
of getting rid of legislation, as one argument in favor of the passage of 
this Ordinance. I would like to know of the party favoring repudiation, 
how they are to do justice and carry oat their doctrines to do justice, 
without more legisla|;ipn than was ever heard of in this country. I 
would like to know if the man who purchased a slave and paid cash for him 
was not entitled then to bring action to recover what he had paid, as well 
a,8 the man whose debt and note for $1,000 or more, were declared null 
and Yoid. , If the slave •yras not; property, the man who paid has a right 
to recover his thousand dollars. 

Mr. J. J. WRIGHT. Is it your desire that the Constil utional Amend- 
ment should be adopted when the Legislature assembles ? . . i 

Mr. RUTLAND. I am in favor of the Reconstruction laws of Con- 
gress, and if the Government of the United States undertake to repudiate 
these debts, I would say nothing against it, for they have the power. 
But I contend that this Convention has not the power to repudiate these 
debt.", and the same litigation in reference to them would be carried on 
in the Courts as if the Ordinance was, not passed. They would declare 
it an unconstitutional Ordinance, which, according to the old laws of the 
United States, and the laws of South Carolina, it undoubtedly is. I 
never did believe one man had the right to make property of another. 
But they were bound to respect the laws as they existed, and he wished 
to let the Courts decide whether a warrant or title to property to make 
it binding, should ensure against revolutions, earthquakes, and every 



CONSTITUTIONAL CONVENTION. !!5'il 

thiug else. (Jonversiig with a gentleman on the subject, 1 put two or 
thi'-»e questions to him. I asked where the cash was paid ioi- a slave, 
what would he do in a case like that ? He replied he would make the 
seller pay the money. I then asked what oour.^e he would lake where 
the man had used slaves twelve or sixteen years, without payment ol 
either principal or interest? He replied he would demand payment lor 
the time they were used. 

The result of the action of the Convention in repudiating these debts 
would be to saddle the country with a litigation which would have no 
end. It would run back as far as slavery itself. There would be no 
such thing as a statute of limitations, and the litigation would devour the 
country and ruin it. General Sickles' celebrated order No. 10 has been 
quoted as sustainiag the position of those on the other side. I think, 
however, we should not quote the orders of a military chieftain who has 
despotic powei', and can pxss any order he pleases. Greneral Sickles had 
a right to pass any order and enforce it by the bayonet, and General 
Canby has the same power. But they certainly cannot be viewed as legal 
authority on the great questions involved here. If this measure suc- 
ceeds, I look vipou it as another entering wedge to a general repudia- 
tion of all indebtedness. The next step will be a repudiation of some 
other debts. It will go forth to the world that this Convention is a body 
of repudiationists. I contend it is a class measure. It is repudiating a 
debt in favor of one party, rewarding the man who purchased the slave 
and has not paid for him, and punishing the seller to extent of the value 
of the purchase. A great appeal is made in behalf ot widows and or- 
phans. I think the appeal would come more properly from my side. 
Many of the estates of widows and orphans consists entirely of notes ot 
this character. Their estates were sold and the money given in notes 
and bonds. If this Ordinance passes, more widows and orphans will 
suffer from ic than from any other measure we could pass. When the 
head of a family dies, it has been the custom of this country, in almost 
all instances to sell the property and convert it into bonds. Those bonds 
are now in existence belonging to widows and orphans. 

I say we have no right to consider the consequences of any measure 
we pass. Our duty is to do justice, and let the ccnsequences take care 
of themselves. I will illustrate my opinion upon this subject by a 
homely comparison. Two strange dogs have commenced fighting over a 
bone, and they are fighting for that bone. This Convention has nothing 
to do with the fight, and I say let them fight it out in the proper place, 
and which ever wins the bone let him have it. We have nothing to do 
with it, and I hope we will not. If we get the country involved in this 
29 ■ '" ' ' ' 



ara* proceedings of the 

quarrel, we will iiioreLise Irigation to an extent of which no man can 
conceive. 

Mr. B. F. WHITTEMOEE. I had hoped this subject would have- 
been referred to a period so distant that the Convention would not be 
called upon to consider it. The Convention had declared it would not 
enter into any t-cheme of repudiation. It was the fear that some ques- 
tion of repudiation might spring up that compelled me to vote against 
the resolution requesting relief of General Canby in the collection of 
debts. I wish to know if the Convention, called for the specific pur- 
po.«j8 of framing a Constitution, is really willing to lend all their efforts 
in the repudiation of debts and the impairing of the obligations of the 
people, and willing to acknowledge that fact not only to the State, but to 
the whole country. One gentleman had said that value for value is the' 
foundation of all contracts, and that no value has been received when 
the bill payable has been given for a human "bod}'. I ask are we not 
compelled to acknowledge with shame, and a blush on our faces, that 
the United States has protected the right of property in man. 

A man who purchased a slave, giving his note payable at a certain 
date, received what was acknowledged in South Carolina, and through- 
out the entire South, by the Constitution of this State and the Constitu- 
tion of the country, a fair consideration. 

The people of this portion of the country have said to the world that 
they went into the war with their property, their lives, and all that they 
possessed, even their sacred honor, and they claim, even as they came 
up from the field of carnage, that they had lost everything but their 
honor; and now, gentlemen, would sully that honor by endeavoring to 
wipe out their responsibilities and impair their obligations. God knows 
there is no desire on my part to do aught that would acknowledge the 
right of property in man I would go as far as any gentleman on this 
floor in denying any such right, but we are compelled to acknowledge 
that our country has acknowledged the right of property in man. It is 
no new virtue in me that I entertain anti-slavery principles, having been 
educated where every institution and everything I looked upon was free. 
It is no new virtue in me that I believed the right of property in man, 
as acknowledged by my country, was one of the most abiminable crea- 
tions that ever entered into the heart or mind of man ; but I am com- 
pelled to acknowledge that my government has acknowledged that right. 
I am compelled to believe with my legal friend, that we have no right to 
pass this Ordinance ; that in doing it we are passing an ex post facto law. 
by saying that one gentleman shall njtp;iy the debts he owes to another. 
If the debtor and creditor both desire it, let them come before the Con- 



CONSTITUTIONAL CONVENTION. 223 

vention and express their desire. I would leave this matter in the 
hauds of the Courts, to where it properly belongs. 

Although 1 do not pretend to be a man of legal attainments, 1 may 
say I place a different construction on that part of the fourth section of 
the Constitutional Amendment which has been quoted by my friend 
from Beaufort (Mr. J. J. WEIGHT) It reads, -'neither the United 
States, or any State, shall assume or pay any obligation or any claim, or 
loss created by the war or by emancipation.'' By this clause, as I con- 
ceive it, the United States Government intends to convey the idea that 
neither South Carolina, Georgia, or any other Southern State that en- 
tered into insurrectijn, can have claims against the United (States Gov- 
ernment, or claim any indemnity for the loss of any slaves. Much has 
been said with regard to admitting the right of property in man, by 
compelling the purchaser of a slave to pay his obligations. I contend 
we have nothing to do with that question — that question is already 
settled. 

Mr. J. J. WRIGHT. Do you intend to give your influence and vote 
in favor of the Constitutional Amendment to be adopted by the Legisla- 
ture ? 

Mr. B. F. WHITTEMORE. I spent a good part of last year in 
bringing about this Convention, and I intend still further to work and up- 
hold all bills which Congress may enact. But I say the question of the 
right of property in man has already been settled by the effect and re- 
sults of the war, and these obligations are now existing. I beheve if 
the voice of the people of this commonwealth, if their hearts and minds 
could be reached, it would show that they have no desire that this Con- 
ventiou shall pass upon their contracts or obligations. It has been my 
fortune, not only to have conversations with gentlemen of standing, but 
I have received letters upon this subject, and in no instance, save one, 
has there been any desire expressed by any one to have such an Ordi- 
nance passed as would nullify their debts contracted for the purchase of 
of slaves. They claim to be gentlemen of honor, and whatsoever may 
be the action of the State with regard to their obligations and contracts, 
they intend to keep them inviolate. To ask them to do otherwise would 
be the occasion of a call upon Citadel Green, or somewhere else, to settle 
a little affair of honor, such as has been the custom in the past. When 
the enemy of the United States entered into a joint compact to overthrow 
the power of the United States, as I have said, they entered into it with 
their property and their lives. They made use of their slaves against 
the United States, and they were declared contraband of war. But that 
had nothing to do with existing contracts. 



PliOCEEDINttS CtF THE 

The gentleman from Beaufort says lie wants to repudiate these debts 
because the traffickers came from the North, East and West. I care nut 
from what part they come ; if they bought and sold slaves, when they 
entered their obligations they knew what they were about and took their 
chances We have no right to stand between the debtor and the credi- 
tor, or sit in judgment upon an obligation made between two individuals, 
and say to one he shall nut pay, or to the other he shall not receive what 
i". due him It appears to me our duty is to proceed at once upon the 
work of framing a Constitution, and not to dig up the past or trouble 
(Urselves about those who have become involved into such difficulties as 
debts on account of the rebellion against the G.oveinment. Let them 
pay the penalty of their rebellion. I trust all these matters will be 
referred to the Legislature and Courts to decide. 

Mr. L. S. LANGLEY. I have been both interested and astonished 
by the argument advanced by the gentleman who has just resumed his 
seat. I am still more astonished when I reflect that the Executive of 
this State, with all his (;onservative views, has expressed an opinion en- 
tirely contrary to that of the gentleman who has last spoken. "We iind 
in the historv that the slave trade has been declared by Christendom for 
many years as piracy. That principle was based upon the declaration 
that there could be no property in man. And I would ask the gentle- 
man what is the difference between the slave trade on the high seas and 
the slave trade that existed in South Carolina. The same principle that 
rendered null and void property in man on the high seas, as acknowl- 
edged by Christendom, is the same that should render null and void in 
South Carolina property in man. 

I do not concur in the views of my colleague (Mr. WRIGET), that 
the fourth section of the Constitutional Amendment has any reference to 
these points. It prohibits the United States, and the States respectively, 
from assuming debts incurred by selling slaves, but it is not applicable 
to individuals. I hold all law founded in justice, and if it is right for 
individuals to pay for slaves, it is right for the Government to pay for 
them. To be consistent, therefore, if I were to give my vote in this body 
against the Ordinance we are considering, I would also raise my voice 
in favor of the Government of the United States pacing for every slave 
emancipated by virtue of the laws of the T'nited States. I would not 
charge the opposition with the intentoiu of advancing their cause, and as 
a preliminary, asking the General Government to pay for slavet emanci- 
pated by the proclamation of Abraham Lincoln. I will not be so illibe- 
ral, but I do believe that if we allow these claims to be collected against 
the citizens of the State, although I must confess, both seller and pur- 



fiUNSTITUTION AL COl^fVENTION'. »i25 

chaser are equally guilty, we contradict ourselves and the principles we 
have heretf)fore advocated. 

I hope the Ordinance will be adopted, and that it will go forth to the 
State, and to the world, as the opinion of this body, as the opinion of the 
radical republican party of South Carolina, that there is not, nor cannot 
be, any right of property in man. I believe that party to be founded on 
the immutable principles of right and justice. If we at this time are to 
assume the responsibility of allowing these bonds to be paid, we may as. 
well tear down the flag that to-day floats so proudly over us, and declare 
to the representatives of the "lost cause" that we have been tor the last 
fix years occupying a false position, that we have found ourselves mis- 
taken, that we humbly beg their pardon, and also beg that the former 
state of things may be restored. 

I make no appeal in behalf of orphans or widows, as has been madi^ 
here to-day. I regret the unfortunate position in which they are placed, 
if made to sufler by the adoption of this Ordinance. But, if I know 
myself, I can say in all truth, in all sincerity, my desire is to let principle 
live forever and always be triumphant, and I therefore cannot, for the 
sake of a few widows and orphaiis, ♦^ake into consideration their suffer- 
ings on account of the repudiation of these bonds. We cannot afford to 
sacrifice principle on their account. If we did, we would acknowledge 
by our action that the doctrine that existed in South Carolina that 
slavery was a Divine institution was correct, and that many of the mem- 
bers of this body should return to their former position. 

Mr. B. F. EANDOLPH. I have made no attempt heretofore to detain 
this Convention with a lengthy speech. My health has forbidden it. 
Neither do [ propose to-day to do anything more than to raise my voice 
in favor of the repudiation of these debts. Two of the gentlemen who 
have spoken, one from Fairfield and the other from Darlington, have 
made two propositions. The gentleman from Fairfield, Mr. RUTLAND, 
has said if two dogs were fighting for a bone he would let them continue 
to fight. I am not disposed to accuse the gentleman with a lack of gen- 
erosity, but it seems to me that charity would induce the gentleman to 
interfere and prevent the poor creatures from injuring each other. If 
the people of South Carolina propose to fight for a bone, I think this 
Convention should interfere and not let them tear or destroy themselves. 

The gentleman from DarUngton (Mr. WHITTEMOEE), dwells up<.ii 
any act of repudiation as wi-ong I differ with him. Repudiation is a 
policy which has been practiced by other nations before us. England 
has practiced it, and she is regarded as one of the wisest nations in the 
world ; one whose government has been a model heretofore, and her 



236 PROCEEDINGS OF THE 

example followed by other nations. This government has practiced re- 
pudiation, ^^^ ^^ come here to day to propose that slave debts shall be 
repudiated. Why ? For no other reason in the world but that we pro- 
pose to disallow the principle of the right of property in human flesh- 
If we vote down this Ordinance, we will declare it as our opinion that 
to hold human flesh as property was right. It well becomes this body 
to declare that no such ever did, or over can exist, and if we vote ta 
repudiate these debts, we will, in my opinion, do something which will 
result to the general welfare of the people of the South. I am here for 
one to cater to no prejudices whatever. I am aware that in South Caro- 
lina there is a class of men who fought for the perpetuation of slavery ; 
that there is a class who staktd their lives, their fortunes, their all in 
the attempt to perpetuate slavery, and I know that some of the same 
class of men did all in their power to defeat the assembling of this 
Convention. These men I know are the enemios of republicanism ; but 
while I know that to be the fact, I shall not give my voice or vote to a 
measure which results in the injury of that or any other class of men. 
We are to act in the interest of the whole people of South Carolina, and 
I hope we will show that we have acted not in behalf of any particular 
class, but in the intei*e.sts of the whole people of the State. I hope we 
will be above all per.sonal feelings and prejudices, and look only to the 
general welfare. I think if these debts are repudiated, it will be a 
wholesale beneficial measure. 

As one gentleman who has preceded me (Mr. J. J. WRIGHT) has 
said, we are here to lay the foundation of a new government for South 
Carolina. It becomes us to lay it in justice, in righteousness, to shov^' 
to the world that we know no class or race of men by color or condition. 
I will give my vote for ihe repudiation of these slave debts. 

Mr. E. B. ELLIOTT. The importance of this subject overcomes my 
reluctance to obtrude my feeble opinion. I preferred that the matter 
should have been left to the judicial tribunals of the land ; but it has 
been presented here, and I deem it the duty of every gentleman in the 
Convention to express himself candidly, and vote according to his honest 
convictions. That a system of slave dealing in this State did exist is a 
fact that cannot be denied. I am aware that it is urged that contracts 
made in the traffic of slaves were bona jide contracts, and have been 
legaUzed by the laws of the State. That may also be true. It is urged 
that Congress by legislation had sanctioned such laws in the State, and 
such slave dealing by individuals therein. That is also true. But if 
Congress did sanction it, it does so no longer. If under the laws of the 
State these slave contracts were bona fide contracts, they are so no 



CONSTITUTIONAL CONVENTION- aS'J 

longer. Congress has declared that no legal government exists in this 
State. Gentlemen say by passing this Ordinance we will repudiate the 
obligation of contracts. I contend there never was, nor never can be, 
any claim to property in man. I regard the seller of the slave as the 
principal, and the buyer as the accessory, A few years ago the popular 
verdict of this country was passed upon the slave seller and the slave 
buyer, and both were found guilty of the enormous crime of slavery. 
The buyer of the slave received his sentence, which was the loss of the 
slave, and we are now to pass sentence upon the seller. We propose 
that he shall be punished by the loss of his money. 

I do not intend to discuss this m. ittor At length, but simply desire to 
express my conviction that it ia no mare than right to pass tliis Ordinance, 
and that it will benefit the people uf this State. I hope we will vote 
unanimously upon this Ordinance, and put our stamp of condemnation 
upon this remnant of an abominable institution, which was such a stigma 
upon the justice of this countrj . I hope we will do away with every- 
thing connected with this? bastaid of iniq^uity. I feel assured if we pass 
this Ordinance we will get rid of a question that is calculated, if not 
stopped, to bring about more trouble and misery than was ever brought 
upon the country before. 

Mr. F. L. CAEDOZO. This question is somewhat different from that 
upon which we voted a fortnight ago. The question then before us was 
a stay law, a measure of relief for the people by preventing the execu- 
tion or sale of landed property under the hammer of the Sheriff. This 
question is in relation to the payment of debts for the purchase of slaves. 
As I said b«fbrr, I do not care in the least either about the buyer or 
seller of a slave. I think them both equally guilty, and should be both 
equally punished. But in discussing this subject some reflections have 
been brought in, which are entirely irrevelant. While I admit the force 
of the arguments used, I cannot regard them as conclusive. 

In the first place, the gentleman from Newberry said, that the very 
essence of all contracts, which was value received, did not exist in this 
case. I would reply to that by saying that the contractors thought so, 
and therefore they did exist in their estimation. So it is in all contracts' 
all sales. If I and another man choose to regard the transfer of a piece 
of property, we are the parties, we are satisfied, and should in honor abide 
by our contract. I contend that the buyer did receive the value oi his 
money, and buying a slave, under all the circumstances, he ought to be 
made to stand by his contract. There is more than that. The buyer 
not only received the value of his money, but he bought that slave in 
the midst of i^ war waged for the abolition of slavery, the corner stone 



2a§ PROCEEDINGS OF THE 

of the war. Every person of ordinary intelligence knew that the exist- 
ence of slavery was involved in that contest, and yet, in the face of all 
these circumstances, the i«uyer of men goes forward and says 1 will 
receive your slaves ; I will pledge myself to pay five or ten thousand 
dollars foi- them. Notwithstanding all the risks I run, I will take them. 
If then, in spite of all these circumstances, which he knew perfectly well, 
he took the responsibility, let him, like a man of honor, stand to his con- 
tract. I hope, therefore, that point is disposed of. I say that the buyer 
received the value for his slave and that makes it a legitimate contract, 
and makes it obligatory upon him to pay for the slave. 

Again, a number of gentlemen on the other side said if we make these 
buyers pay for their slaves, \tc iieknowledge the right of property in 
man. I cannot see the Ibron of that inference at all. I think it is en 
tirely illogical and untrue, b.)tli in fact inference. Here are two men 
who believe in it; they choose to deal init ; I do not desire to go forward 
to relieve them of the consequences. They both traded in slaves and 
suffered the natural result of their risks. 

With regard to the effect on the slaveholder, that ought not and can. 
not be legitimately bi^ought into the question at all. I think the gentle- 
man who spoke last gave the true key to the motives which instigated a 
number of the opposition. He said that the buyer of the slave suffered 
in the loss of his slave, that the Government had inflicted that loss upon 
him, and now he is anxious to make the seller suffer also. That is the 
true character of the Ordinance. We are trying to make the seller suffer 
also. The true result of the passing of that Ordinance will be to punish 
the seller. Yet many gentlemen who advocated this measure, have im- 
puted uncharitable motives to those who are willing to let the law take 
its course. Who, I ask, are the most uncharitable, the mju who are 
desirous to punish the seller, or those willing to leave it entirely to the 
law ? But there is more involved in this question than any gentleman 
on the opposite side has referred to. These are rhe last dying throes of 
the slaveholder. It is the result of a system b ised upon wrong, and I 
think we should not go one foot out of our way to help them. .Let all those 
who trafficked in slavery suffer the consequences of their action, and by 
so doing we stamp indellibly the wrongfulness of the institution. A 
number of gentlemen have said it is our duty to legislate for the relief 
of these sufferers. I maintain it is not our duty. We have come here 
to frame a Constitution, and we should begin our action entirely anew, 
and not refer to any other existing condition of things whatever. 

Again, I am satisfied this measure is a piece of class legislation. It 
is simply to punish the seller of slaves. Why should we go out of our 



CONSTITUTIONAL CONVENTION. 2'J9 

way to punish anybody ? Why should we regard them in any light 
whatever ? It has been argued that we should be free from all (ilass 
legislation. So we should, and, therefore, for that reason, we should 
not touch this matter which would only benefit a minority of the people. 
The very argument brought forward is sufficient to condemn it. We all 
know that half legislation is class legislation. This kind of legislation 
has heretof">re been the curse of South Carolina and all the slave States. 

I shall not condescend to imitate the action of a number 'of gentlemen 
who have spoken by imputing motives to their adversaries. It has been 
done freely by the opposition. I will only say that I hope my tongue 
may cleave to the roof of my mouth, my right hand be paralized before 
I urge the o^tpression of any. I shall always count it a pride to defend 
the weak and the down-trodden. But I hope we shall have no class 
legislation. Let us go on and frame our Constitution, looking only to 
the future, and taking the past as a warning, that will enable us to avoid 
all actions which have been the cause of so much misery and trouble. 

A cunning appeal has been made to the prejudices of the colored 
people and gentlemen; especially the colored gentlemen on the other 
side of the question have thought it right and proper to refer to the feel- 
ings of the colored man. They said they hoped no colored man would 
vote against the measure. I, for one, shall vote against it, and I hope 
many of ray colored friends will have the wisdom to do it, notwithstand" 
ing' the unfounded and inflammatory appeals made by the opposition. 
It is only to benefit a class, the buyers, and punish the sellers of slaves. 
I hope we will postpone the subject indefinitely. 

Mr. W. J. WHIPPER. I certainly agree as to the importance of 
this Ordinance as much so as any one here, but should have remained 
silent had not one main point been overlooked by the parties engaged in 
the iliscussion. 

It has been said by those of the opposite side that we did not have 
the power to legislate in this matter. I differ with the gentleman in this 
respect. We have already acted in oiir legislative capacity, as has been 
the case in every Convention. It was the case with Conventions held 
heretofore in this State, and has been the case with all Conventions of 
whieh we have any history, even going as far back as the Conventional 
Parliament which met before King Charles the Second. It was called 
an entirely irre;j,ular body, but it did legislate, did restore the King, and 
passed laws and Ordinances, many of which are in force to this day. 

Mr. J. M. RUTLAND. I do not contend that this Convention, as a 
Convention, has no right to legislate on any other matter. I did con- 
tend that it had no right to legislate on this particular matter, because I 
30 



331) PROCEEDINGS OF THE 

consider it in ooutravention of the Constitution of the United St.ite>; to* 
do so. 

Mr. W. J. WHIPPER. It has been asserted by several of tiie mem- 
bers of this body that we ob"ain our power from the Congress? of the 
United States. I beg leave to diifer. While this body was summoned 
by the Congress of the United States, we derive our power from the 
people we represent, and being a representative body, a Convention of 
the people, we ha\'e the power to do all that is necessary to relieve or 
benefit the people we represent. We are not a legislative body whose 
powers are delegated to us, or limited by any Constitution. It is a Con- 
vention of the people, possessed of supreme, absolute power* to do what_ 
ever may be necessary for the rehef of the people, just as did the Con- 
vention which met after the revtdution of 1(58^, after the throne was ab- 
dicated, which not only restored the King, but passed laws yet in force. 
But I [tass from this question and ask, is there a necessity for the Or- 
dinance we propose to pass? It is an Ordinance intended to do awaj" 
with a large amount of obligations — obligations that arose in transac- 
tions that pertained and belonged to a system that has gone down be- 
neath the wrath of God, giving place to a brighter civilization. 

The question now is, shall we wipe out these obligations ? I am zeal- 
ous to see this Ordinance passed, to see the last vestige of that hated 
institution hurried so deep in the sea of obUvion that no resurrection air 
shall ever reach it in its loathsome walls. 

Members speak loud about the obligation of a contract. There was 
no obligation to the contract. There was no consideration, and therefore 
no contract. The facts are simply these : men in this portion of the 
tountry, for a long period of time, had been conniving at wholesale rob- 
bery — robbing, stealing and selling human plunder. Such has been the 
decision of the Courts of law, such the decision of the immutable laws 
of God from time immemorial. And whdst men had so far departed 
from the true principle, government has allowed this system to go on, 
and men agreed to pay these obHgations. If there was a band of horse- 
thieves in this country, buying and selling horses, and parties buy, know- 
ing they are stolen, other parties sell when stolen, and another ma i is 
arrested and brought to justice, is there a Court anywhere that would 
enforce obligations payable to robbers, legalized though they might be 
for the time being. If there is anything in this case at all, it is that 
there was such a law at that time. But admitting there was a law, 
there is a rule to be applied whei'e wrong or inconvenience is likely to 
result that local law shall not prevail. Nobody will question but what 
this was strictly a locil law, one that has outraged humanity everywhere. 



CONSTITUTIONAL CONVENTION. '2:51 

■oue that has blighted the fair prospects of the fairest portion of our 
country, destroyed its commerce and desolated its fieldt. This was toler- 
ated by local, law, and local law shall not prevail where great inconve- 
nience and harm is to result from it. 

One gentleman says we do nt>t say there is propertj- in nitiu in the 
•enforcement of these debts. If there was the obligation of a contract, 
there was property in the thing sold. If there was no property in the 
thing sold there v.as no obligation, and I hold that men cannot be the 
subject of property by whatever law you may claim. Just so long then 
as man is not property now, he never was, and hence there never was 
an obligation. Again it is said to be be an ex post facto law. It is as 
far fi'om an ex post facto law as it is possible for a man to conceive. We 
are told, also, that this is a quarrel between two gentlemen, and it is pro- 
posed to let them fight it out. I am willing they shall, and that the 
buyer imd seller shall settle upon whatever terms they choose, but I am 
not willing that the machinery of our Courts should be used for the pur- 
pose of wringing the bone from the two dogs. I ask, then, that we wipe 
out this thing forever. We are told to leave it to the Courts. This will 
only open up avenues for continued agitation. 

Mr. F. L. CARDOZO. On what principle do you decide which dog 
is the meanest ? 

Mr. WHIPPEE. The dog that went and stole the bone first in Africa 
or elsewhere, is the meanest, and that is the dog the gentleman proposes 
to pay. Be it said to the eternal honor of South Carolina, she opposed 
the institution, and it was not until a renegade dog forced the bone upon 
her, and made it into dollars and cents, that she consented to it. 

Again, the man who sold the property, the dog who brought the bone, 
the seller says upon paper, and makes it as solemn as possible, I will 
warrant and defend this property. He, at least, is no longer able to 
warrant and defend. The country that once tolerated the injustice has 
said it was a crime to hold persons as pr.iperty. They have said they 
will attach fine and imprisonment to it, and now, will we say different, 
and enforce the payment of these so-called ol)ligations ? 

Whatever course other men may take, I, for my part, will vote for 
the Ordinance ; I feel assured that a large majority will vote for it, not 
as a matter of expediency, but as a matter of right and as a matter of 
justice between the parties themselves. I hope we may establish a sys 
teni of laws that will stand the favorable criticism of a holier and 
brighter civilization even than our own. For it is to be remembered 
that we are now doing what is to go down to future gen erations, to be 
criticised by ages that will judge us from the past. Let us see here that 



S!S2 PJiOCEEDINGS OF THE 

we, iis far as possible, act so as to meet a favorable judgment from pos- 
terity. 

I contend that we have to wipe out of existence that class of del)t& 
which belong to that evil institution tolerated here for so many years. 

Mr. President, I have done ; and have onh to say, in conclusion, 
that I hope the vote will not simply be a majority. 1 trust we will 
show that it will iiot be a mere majorit}', but that we give such an over- 
whelming majority as to show to the world that we recognize the word 
of light and of truth. 

The hour of three having arrived, the Convention adjourned. 



S K V E I^ ^i^ E K N T H 13 ^ Y , 
Tuesday, February 4, 18458. 

The Convention assembled at 12 M., and was called to order by the 
PRESIDENT. 

Prayer wsTfe offered by the Rev. F. L. CARDOZO. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of the preceding day was read and approved. 

The PRESIDENT informed the Convention that the Ordinance levy- 
ing a tax to pay the expenses of the Convention, and the Ordinance 
defining the pay and mileage of members had been duly engrossed, and 
signed by the President and Secretary of the Convention. 

The PRESIDENT called for the reports of Standing Committees. 

Mr. WM. E. ROSE, from the Committee on Petitions, submitted the 
following, which was, on motion, adopted : 

The Committee on Petitions, to whom was referred the resolution rela- 
tive to the collection of wages and debts of laborers, ask leave respect-r 
fully to report that they have considered the same, and recommend that 
the said resolution be laid on the table. 

Mr. WM. E. ROSE also made the following report ; 

The Commitiee on Petitions, to whom was referred the resolution in 
regard to the pay of assistant assessors of internal revenue who could 
not take the oificial oath required by the Act of July 2, 1862, ask leave 
respectfully to report, that it is inexpedient for this Convention to take 



CONSTITUTIONAL CONVENTION. 23$ 

auy action on tke subject, and tliey recommend that it be laid on the 
table. 

Mr. J. J. WRIGrHT. I really hope tliat report will not be adopted. 
I object to that matter being rushed through without due consideration- 
it would be a bad precedent for the Convention to set. We cannot, of 
course, undertake to compensate those who could not take the oath re- 
quired by law, but it is a matter for Congress to consider. 

Mr. N. Gr. PA.RKER. I am glad the gentleman from Beaufort has 
taken the view he lias of this case. If in order, I move that the report 
be recommitted to the Committee, with instriintions to report that we 
do petition CoEgress in behalf of these petitioners. I happen to know 
some of the parties who have applied to this Convention for aid. The 
Assistant Assessor, from Kingstree, has given me a full history of his 
o.ase. [Mr. C. P. LESLIE. Give me his name, Mr. PAEKER.] His 
name is S. W. Maurice. He discharged the duties of Assistant Assessor 
with great abiUty and fidelity but received no pay. A Northern man who 
served since that time has been receiving pay, and I think it hard that 
an officer who did discharge the duty faithfully for some time should not 
be paid. A petition to Congress by this Convention, in behalf of such 
an officer, might do some good. 

Mr. C. P. LESLIE. Having been unfortunately an officer of the In- 
ternal Revenue department, I know something about the doings and 
transactions of the officers of that department. I know there are a great 
many reasons, secret reasons, why cei-tain officers are not paid. The 
Gpvernment does not think fit to divulge these reasons. I do not think 
the country or this Convention understands the reasons of the Govern- 
ment, but it is sufficient for us to know, that when these officers present 
their claims they are not paid. One reason has been given, and that is 
that they were not legal officers. What the other reasons are, we do 
not know. It is within the power of th,e Assistant Assessors, or Deputy 
Collectors to urge the Government to pay them, and ask Congress to pay 
them. We all know that when any htnest, fair, legitimate claim has 
been rendered by any person, or set of persons, against the Government, 
Congress has never kept the claimants out of their money. I say, there- 
fore, there are reasons why Congress does not propose to pay tlu'st- 
claims ; yet when these men find themselves baffled by Congress, tliej 
ingeniously slip round to this body because they. think we have influence 
with that body. Such a foolish, nonsensical proposition was nevei en- 
tertained anywhere, except by the men cunning enough to present it. 
The Chairman of the Committee, in my judgment, in the recommenda- 
tion to lay the matter on the table, has made a sensible report, and I 
hope it wiU be adopted. 



234 PROOEEDINGS OF THE 

Mr. B. F. WHITTEMOEE. I believe in giving exact justiue to all. 
men. These gentlemen for whom this petition was asked, were eTititled 
not only to their sympatliy, but to tlieir influence with Congress. They 
had served the Gl-overnment, and never received one dollar's compensa- 
tion for their services. This Convention had committed itself to meas- 
ures of relief; and I am in favor, if it is extended in one particular, of 
extending it in all particulars. 

Mr. S. A. SWAILS read a letter from C. W. Dudley, Esq., to S. W- 
Maurice, Esq., one of the gentlemen who had served as Assistant As- 
sessor, testifying to his fidelity and ability, as deserving the compensa- 
tion attached to the office. 

On motion of Mr. E. W. M. MACKEY, the report was laid on the 
table. 

Mr. WM. E. HOSE, CL airman of the Committee on Peticions, sub- 
mitted the following report, which,, on motion of Mr. A. J. E.ANS1EB., 
was adopted : 

The Committee on Petitions, to whom was referred the petition tif W. 
J. Mixson, praying that this Convention recommend to Congress that his 
political disabilities be removed and he be restored to the elective fran- 
chise, have considered the same, and respectfully report that your Com- 
mittee are satisfied of the loyalty of the petitioner, and recommend that 
the prayer of his petition be granted. 

Mr. B. 0. DUNCAN moved a reconsideration of the following resolu- 
tion, which was adopted yesterday : 

•» 

Resolved, That a Committee consisting of two from each Congressional 
District of the State as they existed in 1860, prior to the act of secession 
of the 19th December, 1860, be appointed by the President, to inquire 
and report to this Convention what number of representatives it will be 
proper according to the present law of the United States, that this State 
shall elect to the Congress of the United States ; and that the Committee 
shall also report on a suitable construction of the Congressional Districts, 
according to the number of fiepresentatives allowed us. 

The motion to reconsider was adopted, whereupon Mr. B. 0. DUNCAN 
offered the following resolution, which was adopted : 

:\Ke solved, That a Committee consisting of eight be appointed by the 
President to inquire and report to this Convention what number of rep- 
resentatives it will be proper, according to the present law of the United 
States, that this State shall el'^ct to the Congress of the United States, 
and that the Committee shall also report a suitable construction of the 
Congressiorial Districts, according to representatives allowed us. 



CONSTITUTION AT, CONVENTION. 285 

The PRESIDENT presented the following communication from the 
Commanding General, which was read to the Convention : 

HEADaUARTERS SeCOND MiLIXARY DISTRICT 

Charleston, S. C, January 31, 1868. 

President of the Constitutional Convention,, Charlesto7i^ S. C. : 

Sir : — I have the honor to acknowledge the receipt from you of the 
preamble and resolutions adopted by the Convention on the 2f)th instant, 
requesting me " to suspend for three months all sales of property under 
execution or other legal proces?, under any judgment or decree rendered 
by Courts of this State for a debt or debt.-' contracted, up to the accept- 
ance by General Canby of this resoliition, except for laborers and mechan- 
ics, and liens upon crops to secure advances made by factors and other 
persons." 

The subject of this resolution has been one of serious consideration 
from the moment I entered upon this comniaiid, and to aid me in that 
consideration, I huve endeavored to gather from the sources of informa- 
tion, within my reach, all the facts that bore directly or indirectly upon 
a question so important and so delicate. It is not proper that I should 
enter into any discussion of the principles involved in the solution of the 
financial questions suggested by the resolution. 

These come properly under the consideration of your body, or of the 
Legislature, by which it will be followed. My own action on the imme- 
diate question must be determined, in a measure, by other considera- 
tions. 

The resolutions, although general in terms, is divided by the effect of 
the action heretofore taken upon the subject. The first decision, embrac- 
ing debts contracted prior to the 19th of December, 186(>, and the second, 
those contracted subsequent to the 15th of May, I860, the intermediate 
period being covered by the stay provided for in General Orders No. 10, 
of April 11, 1867. The debts embraced in the first decision were also 
stayed by the same order, but proceedings for their recovery was revived 
by the modifications made bj General Orders No. 164, so far as they 
were covered by judgments rendered prior to the 19th 01 December, 1^60. 
or subsequent to tae organization of the Provisional Government and 
the re-establishment of the Unitt d States Courts under the President's 
proclamation ol June 30, 1865. 

The object of the modification of General Orders No. 10 by General 
Orders No. 164, was to bring the class of cases affected by the former 
order within the limits established by the decisions 01 the Supreme Court 
of the United States, and arrest, as far as possible, a flood of lirigatioi. 
that would be fruitful only in imposing additional burdens. 

The experience of the last thirty days has demonstrated the fact that 
there are still many cases of this class, in which either the contract itseli, 
or the consideration of the contract, or the proceeding by which it is 
sought to be enforced, may be questioned hereafter as unlawful, or as 
against public policy. 

The apprehension that the proceedings in these cases a: < not fitia], 
together with the depressed financial condition of the State, hat produced 



336 PROCEEDINTtS OF THE 

a state of affairs that is ruiaous to the interest of both creditor and 
debtor. I have endeavored to meet the wishes of the Convention by the 
enclosed General Orders, which will operate as a stay in all cases where 
the property would be sacrificed by the immediate sale under execution. 

In the case of debts contracted subsequent to tjie 'iOth of April, 1865, 
the action heretofore taken, both by civil and by the military authorities, 
has been such that an appliciition of the resolution to thepp debts would 
not only be beyond the limit of any proper exercise of the military au- 
thority, but be productive of far greater ultimate evil than of immediate 
good, and reflect disastriously upon every interest and upon almost every 
individual in the community. 

I have also the honor to acknowledge the receipt of the resolution re- 
questing an extension of the homestead exemption to one hundred acres 
of land. Before acting upon this I think it proper to invite attention to 
the unequal operation of the resolution, and the serious difficulties in ap- 
plying it, unless there be some pecuniary limit dependent upon the value 
of the land exempted. 

It was the constant occurrence of the difficulties of this kind that led 
to the modification of Paragraph YII. of General Orders No. 10, and it 
would be unwise to renew them, even for a short period. 
Very respectfully, -vour obedient servant, 

(Signed) ' ED. E. S CANBY, 

Brevet Major General Commanding. 

Mr. A. J. RANSIEE, moved to take up the unfinished business of yes- 
terday, namely, the Ordinance in reference to making null and void debts 
for slaves, which was agreed to. 

Mr. A. J. EANSIER. I had wished that we were all of one mind on 
this important question. This, it seems, is not the case. I agree with 
ray learned friend from Beaufort, \Vho spoke yesterday on this qu estion, 
that we should pass this measure, and that too by a handsome vote. 
But I understood him to claim for this Convention supreme power to le- 
gislate for the people of this State, and on that point I beg to differ with 
him. I deny that we have the power to legislate at all. 

We are here, sir, in pursuance of an Act of Congress and the Acts 
supplementary thereto, to frame u Constitution and civil government for 
this State. The civil government which we shall put into operation is 
that for which we are to provide in the Constitution we are here to frame 

These Acts declare that no legal State governments exists in the States, 
of Virginia, North CaroUna, South Carolina, &c., &c. ; that the said 
Stales shall be divided into Military Districts and made subject to the 
military authority of the United States ; that it shall be the duty of each 
officer assigned to these Districts to protect all persons in their rights, 
&c., suppress disorders, punish or cause to be punished all offenders, &c., 
&c. ; that all interference under color of State authority with their au- 



CONSTITUTIONAL CONVENTION. 237 

thority under these Acts shall be null and void ; that when the people of 
any of said States shall have formed a Constitution and government in 
conformity with the Constitution of the United States ; and when such 
Cunstitution shall be ratified by the people and approved by Congress, 
and when your Legislature, elected under said Constitution, shall do a 
certain thing, and when your Senators and Representatives are admitted 
into Congress, then these Acts will cease. 

Now, sir, I contend that until we shall have done all of these things, 
and are restored to our normal relations in the Union, we have no power 
in or out of this Convention to make or enforce any law whatever, save 
by permission. We may enact measures here, but unless they are ap- 
proved and sanctioned by General Canby, they will not have the force of 
law. No, .sir, the supreme law making power of this State, or that 
which amounts to the same thing, now resides not with the people, nor 
yet in this Convention, but with the military commander, under the Acts 
of Congress, which invests him with paramount authority. 

I question, therefore, whether we pass this measure it will have the 
force of law. Still, it is brought here, and I am in favor of an expres- 
sion going forth to the world, that we deny, moat solemnly and emphati- 
cally, that there ever was, or ever can be, property in man. I voted 
against the recommendation of a sttiy law the other day, and I did so on 
principle. I thiuk stay laws are wrong in principle, and injurious in 
their effects, however necessary they may seem to be in certain contin- 
gencies. They can only be defended on the dangerous principle that the 
end justify the means. 

The gentleman from Lexington says that this measure impairs the 
obligation of contracts ; for this, and other reasons, he objects to it. In 
my humble judgment it does no such thing, for the simple reason that 
any contract, the proposed consideration of which was based on man as 
property, never did have, never can have, any binding force. It was 
void of itself ; void from the very nature of the case ; void because it 
was and is violative of the fundamental principle of the moral law ; a 
principle recognized by the founders of this Government, and expressed 
in unmistakeable language in our declaration of independence ; void be- 
cause it is violative of the natural and inalienable right of man to liberty 
and the pursuit of happiness. Believing that God wills the happiness of 
all mankind, and that human slavery was, and is, destructive of this 
great end, therefore these parties, who have banded themselves to- 
gether as buyers and sellers of human beings, thus contributing to 
defeat the purposes of the Almighty himself in the moral government 
of the world, must be judged by this standard. They have been judged, 
31 



238 PROCEEDINGS OF THE 

and the just judgment of the civilized world have pronounced them 
guilty. How can you impair obligations, then, when there was none ? 
The pre-existing obligation upon each of these parties, and upon all of 
us, is, and upon this we are told in the inspired word, rests all the laws, 
"do unto others as you would that they should do unto you." 

The gentleman sayS that slavery was wrong, and says that both parties 
to such a contract are morally guilty. My learned friend from Charles- 
ton District (Mr. GARDOZO) also regards bot^ as morally guilty ; there- 
fore he thinks both should be punished. Leave them alone ; let them 
fight over the bone, says the gentleman from Fairfield (Mr. RUTLAND). 
That both are morally guilty none will deny, but how will both be pun- 
ished by leaving them alone ? If the purchaser who has lost "property" 
is made to pay for it, which you propose to compel him to do, he, only, 
will be the loser, and, though both are morally guilt}', you propose to 
reward one by compelling the purchaser to pay, thus regarding the con- 
tract as valid ; thus conceding and establishing the sellers right to treat 
his fellows as chattels. 

The gentleman from Fairfield also stated that were this measure to V)e 
adopted, it would lead to interminable litigations or law suits. It strikes 
me, then, that if I were a lawyer, this would be an additional incentive 
to support the measure. 

It IS not as a punishment for the crime of slaveholding that I advo- 
cate this measure. As far as it is safe and practicable, I propose, so far 
as I am concerned, to let the dead bury its dead. I think the sooner 
the wounds made by the late terrible fratracidal war are healed the bet- 
ter for all parties. I am willing to forget past injuries. I would be 
untrue to myself and faithless to my obligations as a man and a Chris- 
tian, looking at this measure as I do, and most certainly every man 
has a right to his own opinions, wereT to vote against this measure. 
Somebody would be the losers ; but am I, and those who, like me, sus- 
tains this bill, responsible. No, sir. If I said these debts should be 
paid, I recognize the binding force of a contract that I regard as having 
no binding force, and concede that there is such a thing as property in 
man, which cannot be. 

Mr. C. C. BOWEN. I may say that I have been both amused and 
surprised at the course this question has taken. Questions have been 
lugged in here that have had nothing to do with the issue. I am par- 
ticularly surprised at the course of some of the legal gentlemen who 
have spoken. If they were to go to the Supreme Court of the United 
States, they would have to go on a better ground than any I have yet 
heard set forth. It has been said that when men were captured in the 



CONSTITUTIONAL CONVENTION. 239 

city of Boston who were fugitive slaves, they were returned under the 
law of the land. Such may have been the fact, such may have been 
the law then, but such is not the law now. Whether it was right then, 
is a question which was then and still is undecided. One party passed the 
law, another repealed it. It has been said that property in man was recog- 
nized by the laws of the country. They have gone further, and say that 
it has been recognized by the Constitution of the United States, which 
proposition I deny. Strange that gentlemen should come in here and 
make propositions in regard to the law without reference to the book in 
which it is contained. But taking for granted that such are the facts, 
admitting, for the sake of argument, that property iu man was recog- 
nized by the Constitution of the United States, high as the Constitu- 
tion is, I would appeal to an authority still higher — I mean the patent 
held by man directly from his God, by which his liberty and the right 
to its enjoyment was guaranteed. It existed before Constitutions or 
even societies themselves. The image stamped upon him at his birth 
was the sign of the covenant, and should have forever been a shield 
against its violations. I see no necessity of appealing to a higher law ; the 
question to be considered in this matter is the validity of a bond, the 
consideration of which was the purchase of slaves. 

How were these slaves conveyed ? Usually by a bill of sale from the 
obligee to the obligor, which bill of sale always contained a covenant 
to forever ivarrant and defend the premises to the obligor, his heirs and 
assigns forever. 

What next followed. In ninety-nine cases out of every hundred, the 
slaves were cotemporaneously re-conveyed by an instrument called a 
mortgage from the obligor to the obligee, as a security for or in payment 
of the bond. The slaves in question were emancipated by the Procla- 
mation of President Lincoln, which Proclamation was afterwards ratified 
by the Convention of South Carolina ; still gentlemen come in and set 
up that Article in the Constitution of the United States which speaks 
about no State impairing the obligation of a contract. I would say, in 
reply to that, the party who holds the bill of sale, the man who gave 
the bond, has just as much right to demand security of the party who 
holds the bond, and who has^ warranted to defend the person sold unto 
the heirs and assigns of the purchaser forever. 

The bill of sale, bond and mortgage, constitute but one transaction. 
It is purely a question in law, over which the Court of Equity has no 
jurisdiction. 

The only question then is, what is the condition of a mortgage at 
common law ? It is a conditional sale of property. The condition 



<»40 PROCEED! IS GS OF THE 

is, if I fail to pay the money the property is yours (the fliers.) Sup- 
pose you had given a bond and mortgage for a slave purchased in 
1858, and the condition of that bond is broken, the remedy would be 
for the seller to take his property wherever he could find it. The title 
was never vested in the purchaser. It has always been ruled in South 
Carolina that the failure of consideration either partially or totally, was 
a good ground to set aside a contract. The decisions of the Supreme 
Court of South Carolina contain many such cases. 

In the Convention of 1865, every man, woman and child in the State 
was supposed to be represented. The Convention admitted slaves were 
free, and by a voluntary act passed an Ordinance of emancipation. Both 
the man who held the bond, and the man who held the bill of sale, was 
represented in that Convention. It was agreed there that slavery should 
be abolished, and by that act all contracts for the purchase of slaves 
were rescinded. 

I have not the slightest doubt but that if a case of this kind goes 
up to the Supreme Court of the United States, it will be so decided. 

The gentleman from Fairfield (Mr. EUTLAND) argued that this me as- 
ure would open the door to endless litigation. I do not see it in that 
light. The mere fact of the Convention passing this Ordinance has no- 
thing to do with its constitutionality. The man who sold a slave in 1858, 
sues on his bond. I plead the Ordinance of this Convention, and the holder 
of the bond sets sets up the plea that the Ordinance is unconstitutional. 
The Conv option has only to cast the onus upon the holder of the bond to 
show by a competent tribunal that the Ordinance is unconstitutional, and 
he can get his money. 

There is no necessity of appealing to the pa,s8ions or prejudices of the 
members of the Convention, as this is purely a question of law. A some- 
what different version to any that I have ever heard before, was yes- 
terday given by the gentleman to that portion of the Constitution of the 
United States which refers to an exjjostfacio law, and though it has 
been largely quoted, it can never have any thing to do with this ques- 
tion. If an action is ever brought in any of these cases, it must be a 
civil one, while an ex post facto law relates only to criminal matters, and 
therefore has nothing to do with this question. The Supreme Court of 
Louisiana decided last summer that all co'atracts entered into for the 
purchase of slaves were null, void and of no effect, upon the ground 
that the emancipation proclamation of President Lincoln destroyed the 
property, and that the party holding the bill of sale had just as mueli 
right to go into Court and ask the party to make good his warranty as 
the other party had to ask for the payment of the bond. The onus 



CONSTITUTIONAL CONVENTION. 341 

always has been, and always will be, upon the party holding the bond. 
In my opinion, when this case is decided, several questions will be pre- 
sented, and all slaves sold since the 1st day of January, I860, no matter 
what was the consideration, the Courts will decide to be no contracts at 
all. But to bring suit for the services of a slave purchased previous to 
that tittle would present an entirely different case. There are many 
other cases or views of the subject that might demand special action, but 
it was thought proper by the Committee to report an Ordinance that 
would cover all cases in regard to slaves from beginning to end. 

With regard to the assertion that the Constitution of the United States 
recognized the right of property in man, I have not been able yet to find 
any such recognition. I do recollect the decision of the Supreme Court 
of the United States, known as theDred Scott decision. That, however, 
was upon citizenship and nothing else. Now that the fight against an 
institution of which not only the people of the United States, but the 
whole world, was tired, and freedoca established, we certainly cannot 
be asked to record our vote on that side, which would cause us to ac- 
knowledge that the struggle which passed over this land was a great 
humbug. 

Mr. D. H. CHAMBERLA-IN. Mr. President, I am extremely anx- 
ious that the measure which we are now considering, should receive the 
approval of a very large majority of the Convention, and it is with the 
hope that I may say something to add to that majority, that I take the 
time of the Convention. Let me say at the outset that I am not a repu- 
diationist, that I am as far as any man here, as far even, to say, as far as 
my friend from Fairfield, from having any sympathy with any measure 
that looks either in principle or in fact towards repudiation ; and when 
my friend from Fairfield yesterday took occasion to call us who favor the 
present measure repudiationists, and charged that this was but the initial 
step, the entering wedge of repudiation, he made a statement which 
every friend of tiiis Ordinance denies, and which neither the gentleman 
from Fairfield, nor any other gentleman has proved, I am neither in 
favor of repudiating nor scaling, nor staying bj so much as one hour, 
any honest and just debt. I do not believe that this community, nor any 
community can ever reach sound and substantial financial piosperitj' 
until it abandons, utterly and finally, all attempts to obstruct, delay, or 
forbid the speedy collection by due process of law, of any and all just 
legal claims of one citizen upon another. It was upon this principle and 
in this spirit that I recorded my vote against the stay measure which 
passed this body a week ago, and it is with this principle in view and in 
this spirit, that I now approach this question. If I thought that the 



342 PROCEEDINGS OF THE 

existing claims for slaves fell within the category of Just, legal debts, T 
know that I have no prejudice against the system out of which they 
sprang so strong, as to lead me to favor any measure which would im- 
pair their validity or delay their collection ; and it is only because I am 
persuaded that the nature of the debts, and the circumstances, in which 
they now stand, are such as to take them out of the catalogue an^ com- 
panionship of just, legal claims ; upon high considerations I say of jus- 
tice and of law, not at all from feeling or prejudice, that I favor th& 
present measure which forever extinguishes and bars such claims. My 
friend from Pairfield told us yesterday that this measure grows out of 
our prejudice against slavery, which led us to forget and overlook the 
legal merits of the case. I desire for one to say to my friend that it is 
precisely upon the legal aspects of these claims, that I favor the Ordi- 
nance before us. 

Mr. President, the existing claims for slaves, of which there are thou- 
sands in this community, grew out of the peculiar institution of slavery. 
By special legislation, by positive municipal law, human beings were 
considered property in this State. They were not property naturally and 
without law — God and nature, the common, unwritten laws of human 
society, made them men. It was solely by the force of positive enact- 
ments against natural justice and the law of nature, by virtue only of a 
positive, artificial code that they became property ; wherever such a code 
did not exist, men were not property ; or wherever having once existed? 
it ceased to exist, men ceased to be property and assumed their natural 
condition. The nature and tenure of slave property, was consequently 
at all times and under all circumstances peculiar and precarious. It rested 
not like other property upon nature and the original constitution of hu- 
man society ; but unlike any other property, in rested solely and exclu- 
sively on written, positive, special, municipal regulations. 8ucb was the 
case in the slaveholding States of the Union ; and while I do not deny or 
seek to evade the fact that slaves were by the statues of South Carolina 
property, and that this property was tolerated and even recognized by the 
General Government, yet I do claim that from its very nature, property 
in human beings was of a peculiar, limited, uncertain nature, liable to dan- 
gers to which no other property was exposed and held, by whomsover it 
was held, at a peculiar risk, and by a tenure liable to be broken by the 
same process by which it was created. 

This, therefore, is my first observation; that at all times, even in its 
palmy days, when the mountain of slavery stood strong, when the dogmas 
of Calhoun and Hammond passed unchallenged, and South Carolina in 
the insolent frenzy of her madness was ready to throw down the gaunt- 



CONSTITUTIONAL CONVENTION. 243 

let to the world, even then human beings were only a limited, peculiar 
<de facto property, held by a peculiar tenure and at peculiar risks. It re- 
sults, then, from this position that such property, property in human 
beings, could never claim the same sanctity, the same inviolability, the 
same legal consideration at our hands which we universally accord to 
■other property. 

But, Mr. President, a controversy arose touching this same property ; 
one section of the Union sought its universal recognition: the other 
sought at first only its restriction, but at last its destruction. The con- 
troversy was not a sudden one. It did not burst, with sudden surprise, 
upon those who had invested in that property. The storm, the crisis? 
were foreseen by the blindest. It was to every man's vision a struggle 
which should settle this precise question, "shall human beings continue 
to be property?" 

Both parties recognized and admitted the issue. Like a great suit at 
law the pleadings on either side had at last narrowed the entire contro- 
versy to this single and vital issue, '■'■ shall hum,an beings be -property V 
That issue was joined. Every man knew that he held his slave property 
subject to the decision of that issue. Every man had due notice that any 
investment he might make or had made in any claim he might acquire to 
property of that sort, was subject to that decision ; that is, was good or 
bad, valid or invalid, according as victory should rest on the banners of 
Lee and .Johnson, or of Grant and Sherman ; according as the hateful 
symbol of a slave-holding confederacy, or the glorious banner of a free 
Republic, should finally float from the battlements in yonder haibor. 
That was the whole question. It was taken out of the courts. It was 
referred to the dread arbitrament of war. 

Do I need to appeal to native South Carohnians around me to attest 
the fact which I state, that every man felt and knew that his slaves were 
property, that his slave bonds and slave securities were good or bad, ac- 
cording as the confederacy stood or fell ; who imagined that if the for- 
tunes of war went against South Carolina it would ever be so much as a 
question anywhere whether any claim based on slave property would be 
valid? 

No, Mr. President, the whole controversy, the whole issue, was then 
and there decided. A tribunal, from which there is no appeal, then and 
there recorded its decision that human beings were not property in South 
Carolina ; and in whatever condition slave property stood, then and there. 
I contend, it must forever stand. The confederacy fell, and with it fell 
slavery ; with it fell property in man ; with it fell every claim and every 
obligation which rested on the basis of slavery. I say, then, that the 



244 PROCEEDINGS OF THE 

strictly legal effect of the success of the arms of the Union under the 
President's proclamation, was to finally extinguish slavery and to invali- 
date all titles and claims based on slave property. 

These, then, Mr. President, are my two positions: 1st. That property 
in human beings was originally a peculiar, de facto property, entitled to 
no consideration outside of the force of the positive, municipal laws 
which created and upheld it. 2nd. That the precise question of its va- 
lidity, after long argument and all due notice, was submitted to decision 
in the struggle of South Carolina against the Union ; that when South 
Corolina yielded to the arms of the republic, slavery, as a legal conse- 
quence, with all its incidents, all its obligations, all its concomitants, be- 
came finally extinct. We are not, therefore, Mr. President, repudiating 
any debt. The war settled the debt. We are not staying any debt. 
The war satisfied the debt. The rude hand of revolution swept the 
docket, stayed from every action, quashed forever every proceeding, and 
forever arrested every judgment. And I state it here to-day, as a legal 
proposition, fully capable of defence, that this Ordinance is no more than 
a mere declaration and announcement of the strictly legal consequences 
of the failure of South Carolina to maintain the issue which was submit- 
ted to the tribunal of war. 

Now, Mr. President, if these principles are correct, I do not need to 
meet any special objection to this Ordinance. If this Ordinance rests on 
good and sufficient legal grounds, the incidental hardships it may work 
to individuals cannot change our action. But I maintain that no hard- 
ship will arise from the Ordinance which was not the necessary result of 
emancipation. It is true that slave bonds are worthless, and so are the 
slaves. Suppose the widows and orphans whose slaves were sold for 
bonds, had kept them until the close of the war, would they not have 
lost them? It is said that many widows and orphans and minors are to 
be ruined by the invalidation of these bonds. Are there not many, I 
ask, of the same classes who were ruined by the setting free of their 
slaves ? But do we propose to remunerate them for slaves set free ? No ; 
Mr. President, when slavery went down, everything based on slavery, 
deriving its force and obligation from slavery, went down with it, as a 
legal, inevitable consequence ; and that in future no doubt may rest on 
this question, no further litigation may be wasted upon this issue, we 
declare and ordain by this Ordinance that all such controversies shall 
cease, that the doors of our Courts shall not be open to contest claims 
which a war of four years has proved, in the face of the world, to be 
invalid. 

For myself, sir, I do rejoice, I confess, that my moral abhorrence of 



CONSTITUTIONAL CONVENTION. 245 

that iuBtitutiua in which these claims originated, is also expressed in tlie 
<Jrdiaanc-.i before us ; that while the Ordinance rests on safe, sufficient 
legal grounds, it also enables us to fasten the stigma of our moral repro- 
bation upon human slavery. 

The day has at last come wheu law and morality join in saying with 
Lord Brougham, that it is a wild and guilty fantasy that man can hold 
property in man. 

I remei.'iber, sir, with my friend from Darlington, when the slave 
hunger bore away his property from the streets of Boston, whioh we had 
fondly called free ; but there were even those that day who swore by the 
living God that they would leave no stone unturned till Anthony Burns 
could walk the streets of Boston with his name on his forehead, and defy 
the Carolinas to come and take him. That day has come. That insti- 
tution, by force of which alone Anthony Burns was property, staked its 
existence, its validity, its life on the issue of the struggle which began 
seven years ago in this very city. The decision was made against South 
Carolinians, and now, Mr. President, I do desire that through the mouth 
of the first legal assembly of South Carolina since that act of December, 
1860, it shall be announced to the world that in that great suit, slavery 
was defeated, and, as a legal consequence, everything which rested for 
its force and validity upon slavery, fell with it; and that henceforth, no 
issue arising out of slavery shall be joined in our Courts, and no judg- 
ment for claims based upon property in human being.s &hall be enforced 
■by authority. 

"' Mr. G. PILLSBUEY. The subject before this Convention last week, 
concerning the staying for three months of certain executions, and to 
which I gave my support, thereby causing the censure of some of my 
friends, is very similar to the question before us to-day, with the excep- 
tion, as perhaps Erin would say, of an astonishing difference. They 
are both questions of relief from certain obligations, and this consti- 
tutes their similarity. The "astonishing difference" consists in this: 
that while the former proposition contemplates (for the purp >se of pre- 
venting a summary and ruinous stagnation in the business interests of 
the State,) temporary suspension of collecting debts contracted for horses, 
cattle, lands and provisions, commodities which the whole civilized world 
recognize as legitimate for the purposes of trade, the latter debars pay- 
ment forever of debts contracted where the asserted •' value received" 
was human beings, whom no divine law does, and no human law can 
constitute as property. In a charitable point of view both propositions 
struck me favorably, for relief is a word which ever falls pleasantly upon 
my ear. The creditor usually possesses every advantage over the debtor. 
S2 



S46 PROCEEDINGS OF THE 

They, together; occupy positions somewhat similar to those of the lion 
and the lamb. It is not visually the lion that petitions for mercy. There 
may be, occasionally, an exceptional lion, a sick lion, a very sick lion, 
that might consent to have his pains assuaged by the ministrations of 
the lamb ; but it is usually the lamb, a? he feels the huge talonts of his 
powerful rival lacerating his flesh, that raises his dejected, imploring 
eyes for mercy. But I base my action upon the question now before us 
upon grounds higher than that of reliof. I base it upon a principle 
that man is man, and not an article of merchandise, and that any con- 
tract made between two men where the body and soul of a third man is 
the consideration bandied between them, " as value received," is null 
and void. 

Much has been said upon the other side about the inviolability of a 
contract. Indeed, the whole argument there against the proposition 
before us has been ba3ed upon the single idea, that every man is sacredly 
bound to perform whatever he has covenanted to do. Perhaps it may 
be a source of congratulation to those who take this ground, that Judas 
did not set us an example a.s a lepudiator ; but that after covenanting 
for the thirty pieces of silver, he walked straight up to the scratch like 
a man, and performed the Vtetrayal. But it was his last contract, be- 
cause you will recollect that the " price of blood" gave even to him 
slight uneasiness, which he quieted with the halter. 

To show the fallacy of this single argument, and to demonstrate that 
the validity of a contract, and the obligation for its fulfilment, depend 
much upon the character and condition of the commodity entering into 
it, allow me to institute a comparison; no, not a comparison, for "compai-- 
isons are sometimes odious," as was the case yesterday, where the gen- 
tleman from Darlington compared a ma7i to another man's coat ; but I 
will institute a contrast between my watch in my pocket and a man. 
Take first the watch, sometime since it was missing, and only recently I 
discovered it in the pocket of the gentleman from Charleston. Al- 
though I believe him to be both honest and honorable, I still demand 
of him my property. He replies : " The watch is mine, I purchased it 
from the gentleman from Fairfield. What have you to do with any con- 
tract I have made with another party ? But not viewing the question 
in precisely the same light with him, I take my watch, and he at once 
repairs to the gentleman from Fairfield for redress. This kind party in- 
forms him that he obtained the watch by fair and honest purchase from 
the gentleman from Darlington, paying him the ready money, which 
certainly should make the covenant sacred to all interests and purposes. 
After being compelled to refund, he resorts for satisfaction to the gentle- 



CONSTITUTIONAL CONVENTION. 2 IT 

man from Darlington, who informs him that he came honestly by the 
watch, but that there can be no doubt it was stolen property. There- 
fore we all duh together, trace out the original thief, and punish him 
with fine and imprisonment. Now, therefore, my watch, a little lump 
of inanimate matter, has been able, through mo its representative, to 
vindicate its right to my pocket, thereby nullifying-, at least, three dif- 
ferent contracts, and causing condign punishment to be visited upon one 
thief. 

Consider now the other side of the contest. A man ! an immortal 
being, for aught I Jinow, a jewel flashed from the diadem of the 
Almighty ; and what can he not do ? What contracts can he not annul ? 
Take the last slave that was sold ; trace him back through all the bar- 
gains and contracts which have been made for his head, and you will 
certainly find the original thief and robber. Now the contracts of the 
three honorable gentlemen mentioned, for the watch, were null and void 
from the fact, that they bargained fur what never properly belonged to 
either of them, but was the property of another. How much more 
would this be the case, where a man, and not a watch ^ was at issue ! 

But we are reminded that the passage of this Ordinance might not 
prove a Constitutional act. However tliat may be. if this Convention, 
standing upon the battlements of the Constitution, and peering outward 
to witness the fantastic pranks which are being played outside, should 
seem to incline too much outward, and be in danger of losing its equi- 
librium, and plunging headlong, the warning would come in bad taste 
from Southern men, who have done nothing for fifty years but fiddle and 
dance around the Constitution ; and who for the last six or eight years 
have held perfect carnival outside, in every direction. But the able con- 
stitutional arguments by the two legal gentlemen who preceded me, upon 
the question at issue, have cleared up the doubts which weighed upon 
my mind ; and I am satisfied we can stand firm and erect upon the ram- 
parts, with no fear of tumbling outward amidst the ruins that have been 
caused around us. 

It was stated in the debate upon this question yesterday, that recreant 
Yankees had come down from the North, and trafficked largely in slaves, 
and that they hold large numbers of the notes and bonds which the Or- 
dinance under discussion proposes to repudiate. If any renegade son of 
my native State, Massachusetts, so far forgot his puritanical training, 
and outraged the moral and Christian sentiment of that people, as to come 
down here and prostitute himself to the ba.se purpose of dealing in hu- 
man blood, and bones, and brains, if his notes and bonds lie piled up as 
high as the spire of St. Michael's, I would repudiate every dollar of them ; 



218 PROCEEDINC^S OF THE 

and I would do it with the greater zest, because he is a renegade son of 
Massachusetts. 

I was not instrumental in bringing this question before this Convention, 
Perhaps if it had depended upon me, it would not have been done. 
But now that it is here, and we are summoned to act upon it, I connot 
by my vote, give the lie to my life-long belief. I have never supposed 
that one man could either morally or legally own another man, as pro- 
perty ; and when called upon to pronounce against the validity of notes 
and bonds arising irom such illegal, inhuman traffic, I shall give an un- 
qualified yea. 

The question recurring on ihe adoption of the Ordinance, Mr. F. J. 
MOSES, Jr., <;alled for the yeas and nays, which was sustained. 

Mr. B. r. WHITTEMOEE asked to be allowed to explain the reasons 
of his vote, which was granted. 

Mr. WHITTEMORE said the manner in which this question had been 
debated, would evidently put any gentleman who might vote against the 
passage of the Ordinance, in the position of one who acknowledged the 
right of property in man. There was no person upon the floor who had 
a longer record against the denial of the right of property in man than 
himself. He did not, therefore, vote in the negative because of any re- 
cognized right of property in man or any moral right, but because he 
believed in the enforcement of legally acknowledged contracts mutually 
formed of whatever natnre they may be. 

Mr. E. L. CARDOZO also desired to state that he would vote against 
the Ordinance on the same ground as his friend from Darlington. He 
did not think the right of property at all involved in the question. 

The yeas and nays on the passage of the Ordinance was then taken, 
and resulted as follows : 

Yeas — The President, Messrs. Allen, Arnim, Beckei', Bell, Bowen, 
Bonum, Burton, Brockenton, Bryce, Byas, Cain, P. H., Cain, F. J., 
Camp, Coghlan, Chamberlain, Cooke. Crews, Darrington, Davis, De- 
Large, Dickson, Dogan. Donaldson, Driffle, Duncan, Edwards, Foster. 
Gentry, Goss. Gray, Harris, Haynes, James N., Hayne H. E., Hender- 
son, Holmes, Humbird, Hunter, Hurley, Jackson, Jacobs, Jervey, John- 
son, Samuel, Johnson, W. B., Johnson, J. W., Johnston, W. E., Joiner, 
Jones, Henry, Jones, Chas., Lang, Langley, Lee, Geo., Lee, Sam'l., 
Lomax, Leslie, Mackey, E. W. M., Mayer, Middleton, Milford, Moses. 
F. J. Jr., Nance, Nash, Neagle, Newell, Nuckles, Parker, Pillsbury, Ran- 
dolph, Rainey, Ransiti-, Richmond, Rivers, Rose, Runion, Sanders, Sas- 
portas, Shrewsbury, Smalls, StuVibs, Swails, Thomas, Thompson, Augus- 
tus, Thompson, B. A., Viney, Web'o, Whipper. White, Wilder, Chas. 
M,. Wingo and Wright. 

Nays — Alexander, Cardozo, Chestnut, Corley, Dill, Jenks, Jillson, 



CONSTITUTIONAL CONVENTION. 249 

Maiildln, MoKiulay, W. J., McKinlay, Wm., McDaniela, Mead, Miller, 
Owens, Rutland, Whittemore, Williamson, Wilder, and Francis, E. 

The Ordinance having passed its second, was ordered to be engrossed 
for a third reading. 

Mr. W. J. WHIPPER moved that the rules be suspended for the 
purpose of passing the Ordinance to its third reading, which was agreed 
to. 

The Ordinance was then read a third time, passed, and ordered to be 
engrossed with its present title 

Mr. W. J. WHIPPER moved to reconsider the motion by which the 
Ordinance was passed, and to lay the motion to reconsider on the table, 
which was agreed to. 

The following is the Ordinance as passed : 

AN ORDINANCE 

. * 
JJecfariiig null and void aJl Contracts and Judgments and Decrees hire- 
to/are made or entered up, where the consideration was for the purchase 
of ISlaves. 

We, the people of Sou'h Carolina, by our delegates in Convention 
assembled, do hereby declare and ordain, 1st. That all contracts, whether 
under seal or not, the considerations of which were the purchase of 
slaves, are hereby declared null, void, and of no eifect ; and no suit, 
either at law or in equity, shall be commenced or prosecuted for the en- 
forcement of such contracts. 

2d. That all proceedings to enforce satisfaction or payment of judg- 
ment or decrees rendered, recorded, enrolled or entered upon such con- 
tracts in any C'ourt of this State, are hereby prohibited. 

3d. That all orders heretofore made in any Couit in this State in rela- 
tion to such contracts, whereby property is held subject to decision, as 
to the validity of such contracts, are ajso hereby declared null, void, 
and of no eifect 

Mr. B. BYAS offered a series of resolution 3 for the compensation of 
persons retained in service without pay after the passage of the procla- 
mation of emancipation of the 1st January, 186;>. The resolutions pro- 
posed to pay ten dollars per mouth to those of age prior to that time, and 
eight dollars per month to minors. 

On motion, the resolutions were laid on the table. 
., Mr. W. J. WHIPPER offered the following, which was referred to the 
.Committee on Miscellapeons Matters: 

lieiolved, That it shall be binding and obligatory upon the Legislature 
of this State to grant charters lor any proposed railroad, when the said 
charters shall be applied for by any twelve respectable citizens of the 



SSO PROCEEDINGS OF THE 

State ; Provided, that the route of such road, or proposed roa.l, shall not 
ran within ten miles on a parallel line with any road then in existence 
within the State. 

Mr. W. J. WHIPPEK also introduced the following : 

AN ORDINANCE 

Declaring mcfl and void all Ferry Charters, Grants and Exclusive Privi- 
leges whatever. 

Beit ordained by the people of South Carolina, in Constitutional Con- 
vention assembled, and by the authority of the same, That all ferry char- 
ters, grants and exclusive privileges whatsoever, that may have been 
heretofore granted by legislation, are hereby declared null and void and 
of no effect after the assembling of the first Legislature under the Con- 
stitution of 1S68. 
* 

Referred to the Committee on Miscellaneous Matt<>rs. 

Mr. B. F. WHITTEMORE offered the following, which waB referred 
to the Committee on Miscellaneous Matters : 

The Legislature shall pass no Special Act conferring corporate powers 
Corporations may be formed under general laws, but all such laws may 
from time to time be altered or repealed. 

The property of corporations now existing, or hereafter to be created, 
shall forever be subject to taxation. 

No right of way shall be appropriated to the use of any corporation 
until full compensation therefor shall be first made in money, or first se- 
cured by a deposit of money to the owner, irrespective of any benefit 
from any improvement proposed by sxich corporatiorj s, which compensa- 
tion shall be ascertained by a jury of twelve men in a Court of Record, 
as shall be prescribed by law. 

Dues from Corporations shall be secured by such individual liability 
to the stockholders and other means as may be prescribed by law. 

Mr. W. J. McKINLAY offered the following, which was referred to 
the Committee on Miscellaneous Matters : 

^^^HEEEAS, it is incumbent upon the people of any commonwealth to 
do all in their power to develop the wealth and resources of their State, 
and that all legislation should have a tendency to encourage rather than 
impede such developments ; be it therefore 

Resolved, That the authorities of no township, corporation or munici- 
pality shall be allowed to enact any law, or laws, whereby the owner of 
a lot, 'or lots, may be deprived of the right to clear said lot with a view 
to improve the same, provided said lot, or lots, be enclosed. 

Mr. J. J. WRIGHT offered the following resolution, which was, on 
motion of Mr. B. BYAS, laid on the table : 



\30NSTITUTIUNAL CONVENTION. 251 

Resolved, That no member of this Convention be permitted to absent 
Mmself from the floor, to remain for the space of thirt}' minutes, without 
the consent of the Chair, under the penalty of losing one day's pay. 

Mr. J. l^L A.LLEN submitted the following resolution : 

Besohed, That the President be requested to draw from the Treasury 
•of this Stfite thirty thousand dollars {|30,000) in bills receivable for the 
purpose of paying the per diem and mileage of the members of this Con- 
vention, and that the same be paid on Saturday, the 8th of February, 
1868, at 3 o'clock, P. M. 

Pending the resolution of Mr, ALLEN, the Convention adjourned. 



E 1 C ; tl T K K ]S[ T II 13 J^ Y , 
^Veclnesdaj, February .5, 1868. 

The Convention assembled at V2 M.. and was called to order by the 
PRESIDENT. 

Prayer was offered by the Rev. WM M. THOMAS. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of the previous day's proceedings was read and ap- 
proved. 

Mr. LEMUEL BOOZER. I observe in the Journal of yesterday a 
resolution introduced in regard to absentees. I suppose it has reference 
more particularly to those not present when the vote was taken upon the 
Ordinance passed in regard to annuUing contracts and liabilities for the 
purchase of slaves. Unfortunately I was absent, and I desire to explain 
that it was not for the purpose of dodging the question, but owing to the 
fact of indi-»positiou. which prevented me from remaining in the house 
during the entire sitting. If I had been present I would have voted 
"no," and I desire to have my name so recorded. 

On motion of Mr. C. C. BOWEN, the gentleman was allowed to re- 
cord his vote as desired. 

The PRESIDENT stated that the various reports of the Committees 
already read by their title had been printed and laid upon his table. 

Mr. C. P. LESLIE offered the following resolution, which wa? 
adopted : 



a5S PROCEEDINGS OF THE 

Besolved, That the Pref-ident of this Convention be requested to ap- 
point a Special Committee, to consist of three members of this body, 
to be designated a Committee of Audit ot Contingent Expenses, whose 
dtity it shall be to investigate and enquire into, as to the correctness of 
all bills of all contingent expenses which have been, oi may Vje hereaf- 
ter incurred, during the sitting of the Convention ; and that no money 
be paid, in settlement or on account of such alleged indebtedness, until 
such Committee shall have examined and investigated the same, and 
reported the facts to this house, together with their recommendation 
thereon. 

Mr. N. G. PAEKEE seconded the motion. 

Mr. S. G. W. DILL moved to lay the resolution on the table. Lost. 

Mr. W. J. WHIPPEE moved tliat the resolution be adopted, which 
was agreed to. 

Mr. L. 8. LANGLEY moved to take up the untinished business of 
yesterday, a resolution olfered by Mr. J. M. ALLEN in reference to 
changing the hours of the sittings of the Convention. 

The PEESIDENT stated that the unfinished business was the resolu- 
tion offered by Mr. J. M. ALLEN in reference to a draft of $o(),00() upon 
the State Treasury for the purpose of paying next Saturday the per diem 
of the members. 

Mr. N. G. PAEKEE moved to amend by adding " for the purpose of 
paying the per diem of the members and officers of this (convention and 
such other expenses." 

Mr. C. P. LESLIE moved to amend as follows : " Provided that no 
contingent expenses shall be paid until the same shall have been acted 
on by the Committee of Audit and approved by the House." 

Mr. E. H. CAIN. I hope the amendment will not pass. The Finance 
Committee has charge of these matters, and it seemed to be calling in 
question their management to appoint a Committee to audit the accounts. 

Mx. W. J. WHIPPEE hoped, as a matter of relief to the Finance 
Comnaittee, the amendment would be adopted. 

Mr. N. G. PAEKEE. As Chairman of the Committee on Finance, 
when the motion was made to draw the money, I only desired to bring it 
to the consideration of the house that the money should be drawn. In 
order to be paid they might make any arrangements they deemed pro- 
per. Any thin y would be satisfactory to the Chairman or other members 
of the Committee on Finance. I do, however, want to pay the printer 
as soon as possible. 

Mr. B. F. EANDOLPH. I am in favor of the lirst amendment, 
which requires that the officers and all other expenses be paid. If we 
receive our pay as delegates, and leave all incidental expenses unpaid, it 



CONSTITUTIONAL CONVENTION. 253 

will look as if we were disposed to feather oui- own pockets and let every- 
body else go. I hope the amendment will be adopted, and that the 
printer will be paid as well as all other expenses. 

Mr. C. P. LESTjIE. I offered my amendment simply to carry out the 
object intended by the appointment of an Auditing Committee, as called 
for in the resolution just before adopted. Unless the expenses were reg- 
ularly audited, they might wake up some bright morning and find all 
the $75 0!>0, which it was estimated would pay all the expenses of the 
Convention, had disappeared and left them still in session, with no money- 

I want what the Auditing Committee has tf) do to be explicitly defined 
and certain. It has been intimated here that the business of the Finance 
Committee, among other things, is to pay these bills and to audit them. 
That is incorrect. It is the business of the Finance ComWttee to pro- 
vide the ways and means, and to raise i^oney, but not to disburse it- 
Now, yesterday on the floor of this house I did say, and to-day I have 
said, and I expect to say it as long as I have my reason and good sense, 
that I never will vote to pay one dollar of the contingent expenses of 
this Convention until I see that it is just and fair. I had the honor to 
sit on the Finance Committee at the time the estimate of ^7."), 000 to pay 
the expenses of the Convention was made. It was supposed to be 
amply sufficient to pay the per diem and mileage of members of the 
house and the contingent expenses This amendment in no way affects 
the pay or mileage of members. But I propose that no bills outside that 
be paid until regularly audited and passed upon by the house. If a 
printer's bill is twice as much as it ought to be, if the bill for coal is ten 
tons and we have only had five tons, and the Auditing Committee report 
these facts to the house, then the members can vote int^•liigently with re- 
gard to every bill that comes before them. The Finance Committee have 
no such authority, and every step they have takea in that direction has 
been an encroachment on the rights of the members of this body. I do 
not mean to imply or impute any personal misconduct on the part of the 
Chairman of the Finance Committee. But I deny that it is the duty or 
province of the Chairman of the Finance Committee, or any member of 
it, to say to the house such contingent expenses are paid. I will 
never consent to the payment of one dollar of money until a proper 
Committee be appointed, whose duty it shall be to report upon the cor- 
rectness of the bills presented, and we can vote intelligently upon them. 
As the case now stands, I doubt whether S75,000 will be sufficient. 
That estiipate was made on the basis of $9 per day to each member* 
and it was thought the amount of $7.5,000 would pay the per diem; 
mileage and all other expenses. 
33 



251 PK0CEED1^GS OF THE 

Mr. N. G. PAEKER It was estimated that S(35,(>0<J would pay all 
expeuses, including mileage, per diem, &c., and we thought 37j,00(> 
would leave a margin. 

Mr. LESLIE. It is that little margin I desire to protect, and hope 
the house will take means to protect it. I say, after all the facts with 
regard to any bill are properly investigated and reported to the house^ 
then the Convention can judge of the propriety of ordering it paid. I 
know not whether the printing, as contracted for, is just or not I 
know not whether any member of this house has any interest, either di. 
rectly or indirectly, in that printing. I know not whether the charge'^ 
that have been made on this floor, that certain persons had altogether 
too much interest in the printing contract, is true or not. One thing I 
do know ; evel^ time a contingent expense bill comes before the house 
they are in a great hurry to rush it through on a snap vote. We find 
them in season and ou: of season, in place and out of place, insisting 
that the printer's bill, before all others, ought to be paid. And they tell 
you that any report of their having an interest in the printing is abso- 
lutely false. 

The object of the resolution to appoint an auditing Committee, and to 
have all bills examined by them and reported to the house, is to see that 
they are correct. I presume the house sees the necessity for its passage. 
I want to know, and the house wants to know, what the bill is for the 
rotten yellow paper we find on our table ; paper that no man on the face 
of the earth of ordinary intelligence would have brought in this body. I 
hope the amendment will pass. 

The question was thea taken on the resolution as amended, and it was 
agreed to. 

Mr. B. F. RANDOLPH offered the following, and moved that it be 
referred to the Committee on Franchise and Elections : 

Resolved, That a Committee of five be appointed to confer with Major- 
General E. R. S. Canby in regard to a plan of voting upon the ratifica- 
tion of the forthcoming Constitution, said Committee to report said plan 
to this Convention. 

Mr. C. P. LESLIE moved to lay the resolution on the table. 

Mr. B. F. RANDOLPH. I hope the resolution will go to the Com- 
mittee proposed. If they see fit to report favorably, the house can then 
take further action ; if not, that will be the end uf it. 

Mr. C. P. LESLIE. If you refer it to the Committee on Franchise 
iind Elections, that will be the last of it. I do not think that body can 
be got together if Gabriel should blow his trumpet. 



CONSTITUTIONAL CONVENTION. Q55 

Mr. E. 0. DfXARGE. As Chairman of that Committee, I desire to 
state that if the balance of the Committee are as tardy in getting together 
as the honorable gentleman from Barnwell is in putting in an appear- 
ance, the Convention never will get a report. The report of that Com- 
mittee is completed, and the gentleman from Barawell came in this 
morning and went out without knowing what was done. 

Before the vote on the motion was taken, the PRESIDENT announced 
the hour for the consideration of the Special Order had arrived. 

The following reports of Committees were then read for a first time, 
and, )n motion of Mr. F. J. MOSES, Jr., made the Special Order for 
half- past twelve o'clock, Thursday : 

We, the People of the State of South Carolina, in Convention assem- 
hled, Grrateful to Almighty God for this opportunity, deliberately and 
peaceably of entering into an explicit and solemn compact with each 
other, and forming a new Constitution of civil government for ourselves 
and posterity, recognizing the necessity of the protection of the body 
politic in all that pertains to their freedom, safety and tranquility, and 
imploring the direction of the Great Legislator of the Universe, do agree 
upon, ordain and establish the following 

Declaration of Rights and Form of Government is the Constitution of 
the Commonwealth of South Carolina. 

ARTICLE I. 

DECLAKATION OF EIGHTS. 

Section 1. All men are born free and equal — endowed by their Crea- 
tor with certain inalienable rights, among which may be reckoned the 
right of enjoying and defending their lives and liberties, acquiring, pos- 
sessing and protecting property, and seeking and obtaining their safety 
and happiness. 

Sec. 2. Slavery shall not exist in this State, nor involuntary servitude, 
otherwise than for the punishment of crime, whereof the party shall 
have been duly convicted. 

Sec 3. All political power is vested in and derived from the people 
onlj ; therefore they have the right, at all times, to modify their form of 
government in such manner aa they may deem expedient, when the public 
good demands. 

Sec. 4. Every citizen of this State owes paramount allegiance to the 
Constitution and Government of the United States, and no law or Ordi- 
nance of this State in contravention or subversion thereof can have any 
binding force. 

Sec ^. This State shall ever remain a member of the American Union, 
and all attempts, from whatever source, or upon whatever pretext, to 
dissolve said Union, ought to be resisted with the whole power of the 
State. 



256 PROCEED rNGS OF THE 

Sec. 6. The riglit of the people, peaceably to assemble to consult for 
the eonimou good, and to petition the 'tjiovernmont, or any depart mmt 
thereof, shall never be abridged. 

Sec. 7. All persons resident in this State, born in the United States, 
or who have been naturalized, and shall have legally become citizens of 
the United States, are hereby declared citizens of South Carolina, pos- 
sessing equal, civil and political rights and public privileges as herein- 
after declared by this Constitution. 

Sec 8. All persons may freely speak, write and publish their senti- 
ments on any subject, being responsible for the abuse of that right; and 
no laws shall be enacted to restrain or abridge the liberty of speech or 
of the press. 

Sec. 9. In prosecutions for the publication of papers investigating the 
official conduct of officers or men in public capacity, or when the mutter 
published is proper for public information, the truth thereof may be 
given in evidence ; and that in all indictments for libel, the jury shall 
jliave the right to determine the law, and the facts under the direction of 
the Court. 

Sec 10. No person shall be deprived of the right to worship God ac- 
cording to the dictates of his own conscience; Provided, That the liberty 
of conscience hereby declared whall not justify practices inconsistent 
with the peace and moral safety of society. 

Sec 11. No form of religion shall be established by law; but it shall 
be the duty of the Legislature to pass suitable laws to protect everj^ 
religious denomination in the peaceable enjoyment of its own mode of 
worship. 

Sec 12. The right of trial by jury shall remain inviolate. 

Sec l;-i. No person shall be disqualified as a witness, or be prevented 
irom acquiring, holding and transmitting property, or be liable to 
an}^ other punishment for any offence, or be hindered in acquiring edu- 
cation, oi be subjected in law to any other restraints or disqualifications 
in regard to anv personal rights than such as are laid upon others under 
like circumstances. 

Sec 14. No person shall be lu'ld to answer for any crime or ofi'ence 
until the same is fully, fairly, plainly, substantially and formally de- 
scribed to him; or be compelled to accuse or furnish evidence against 
himself; and every person shall have a right to produce all proofs tbat 
may be favorable to him, to meet the witnesses against him face to face, 
to have a speedy and public trial by an impartial jury, and to be fully 
heard in his defence of himself or by his counsel, as he may elect. 

Sec. Ifi. No person shall be arrested, impriscned, despoiled or dis- 
possessed of his property, immunities or privileges, put out of the protec- 
tion of the law, exiled or deprived of his life, liberty, or estate, but by 
the judgment of bis peers or the law of the land. And the l^egislature 
shall not enact any law that shall subject any person to punishment 
without trial by jury; nor shall he be punished but by virtue of a law 
already established, or promulgated prior to the oflfence, and legally 
applied. 

Sec 16. All Courts shall be open, and every person, for any injury that 
he may receive in his lands, goods, person or reputation, shall have reme- 



CONSTITUTIONAL CONVENTION. 2-57 

dy by duo course of law and justice administt-rf d without unnecessary 
delay. 

Sec. 17. All persons shall, before conviction, be bailable b}' sufficient 
sureties, except for capital otfences, when the proof is evident or the pre- 
sumption great ; and excessive bail shall not, in any case, be required, 
nor corporal puuishuieut inflicted. 

Sec. 1<S. The privilege of the writ of habeas corpus shall not be sus- 
pended, except in case of insurrection, rebellion or invasion, as the public 
safety may require it. 

Sec. 19. No person, after having been once acquitted by a jury, can 
again, for the same oflence, be put in jeopardy of his life or liberty. 

Sec 'iO. N) person shall be proceeded against, criminally, by informa- 
tion, for any indictable oifence except in cases arising in the land or naval 
service, or in the militia when in actual service in the time of war or 
public danger, or by leave of the Court, for oppression or misdemeanor 
in office. 

Sec 21. No person shall be impi-itoned for debt except in cases of 
fraud ; and a reasonable amount of property, as a homestead, shall be 
exempted from seizure or sale for the payment of any debts or liabilities, 
except for taxes, tliat may be contracted alter the adoption of this Con- 
stitution. 

Sec 22. No bill of attainder, rx post facto law, nor any law impairing 
the obligation of coutr.icts, shall ever be enacted ; and no conviction shall 
work corruption of blood or forfeiture of estate. 

Sec 2o. Treason against the State shall consist in levying war against 
the same, or in adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act or on confession in open Court. 

Sec 24. All persons have a right to be secure from unreasonable 
searches or seizure of their persons, houses, papers or possessions. All 
warrants, therefore, are contrary to tfis right, if the cause or foundation 
of them be not previously supported by affirmation or oath, and if the 
order in the warrant to a civil officer 'to make search in suspected places, 
or to arrest one or more suspected persons, or to seize their property, be 
not accompanied with a special designation of the persons or objects of 
search, arrest or seizure ; and no warrant shall be issued but in eases 
and with the formalities prescribed by the laws. 

Sec 25. Private property shall not be taken or applied for public use, 
or for the use of corporations, other than municipal or for private use. 
without the consent of the owner and a just compensation being made 
therefor ; Provided, however, That laws may be made securing to per- 
sons or corporations the right of way over the lands of either persons or 
corporations, and for works of internal improvement, the right to estab- 
lish depots, stations, turnouts, etc., but a just compensation, in all cases, 
shall be first made to the owner. 

Sec 26. The power of suspending the laws, or the execution of the 
laws, ought never to be exercised but by the Legislature, or by authority 
derived from it ; to be exercised in such particular cases oidy as the 
Legislature may expressly provide for. 

Sec. 27. No person shall, in any case, be subject to law martial, or to 



2.5§ PROCEEDINGS OF THE 

any pains or penalties by virtue of that law, except those employed in 
the army or nav}', and except the militia in aiitual service, but by au- 
thority of the Legislature. 

8ec. 28. la tlte goverumeut of this Commonwealth, the Legislative 
Department shall never exercise the executive and judicial powers, or 
either of them ; the executive shall never exercise the legislative and 
judicial powers, or either of them ; the judicial shall never exercise the 
legislative and executive powers, or either of them, to the end it may be 
a government of laws and not of men. 

Sec. '29. The Legislature ought frequently to assemble for the redress 
of grievances — for correcting, strengthening and confirming the laws, 
and for making new laws as the common good may require. 

Sec. 30. The people have a right to keep and bear arms for the com- 
mon defence. As in times of peace, armies are dangerous to liberty, 
they ought not to be maintained without the consent of the Legislature. 
The military power shall always be held in an exact subordination to the 
civil authoriiy and be governed by it. 

Sec. oL In time of peace no soldier ought to be quartered in any house 
without the consent of the owner ; and, in time of war, such quarters 
ought not to be made but in a manner prescribed by Ltw. 

Sec 82. No person who conscientiously scruples to bear arms shall be 
compelled to do so, but he vnay pay an equivalent for personal service. 

Sec 33. All elections shall be free and open, and every inhabitant of 
this Comniou wealth possessing the qualifications provided for in this 
Constitution, shall have an equal right to elect officers and be elected for 
public employments. 

Sec 34. No property qualification shall be necessary for an election to 
or the holding of any ofiice, and no ofiice shall be created the appoint- 
ment to which shall be for a longer time than good behavior. After the 
adoption ot this Constitution, any person who shall fight a duel, or send 
or accept a challenge for that purpose, or be an aider or abetter in fight- 
ing a duel, shall be deprived of holding any office of honor or trust in 
this State, and shall be otherwise punished as the law shall prescribe. 

Sec 35. The right of sufl'rage shall be protected by laws regulating 
elections, and prohibiting, under adequate peualties, all undue influences 
from power, bribery, tumult or improper conduct. 

Sec 36. Representation shall be apportioned according to population, 
and no person in this State shall be disfranchised or deprived of any of 
the rights or privileges now enjoyed except by the law of the land or 
the judgment of his pears. 

Sec 37 Temporary absence from the State shall not forfeit a residence 
once obtained. 

Sec 38. All property subject to taxation ought to be taxed in propor- 
tion to its value. Each individual of society lias a right to be protected 
in the enjoj ment of life, property and liberty according to standing laws. 
He should, therefore, contribute his share to the expense of his protec- 
tion and give his personal service when necessary. 

Sec 39. No subsidy, charge, impost tax or duties ought to be estab- 
lished, fixed, laid or levied, under any pretext whatsoever, without the 
consent of the people or their representatives lawfully assembled. 



CONSTITUTIONAL CONVENTION. 259 

Sec. 40. Excessive fines shall not be imposed nor cruel and unusual 
punishment inflicted, nor shall witnesses be unreasouabl}' detained. 

Sec. 41. No title of nobiliry or distinction, or hereditary emolument 
shall ever be granted in this State. 

Sec. 42. All navigable waters shall remain forever public highways, 
free to the citizens of the State and the United States, without tax, im- 
post or toll imposed ; wnd, no tax, toll or impost or wharfage shall be 
imposed, demanded or received from the owner of any merchandise or 
•commodir.y, for the use of the shores or any wharf erected on the shores, 
or on or over the waters of any navigable stream, unless the same be 
expressly authorized by the Legislature. 

Sec. 48. The enumeration of rights in tl'is Constitution shall not be 
construed to impair or deny others retained by the people, and all powers 
not herein delegated remain with the people. 

ARTICLE — . 

JUDICIAL DEPAKTJIEXT. 

Sec. 1. The judicial power of this State shall be vested in a Supreme 
Court, in two Circuit Courts, to wit : A Court of Common Pleas, haviig 
civil jurisdiction and a Court of General Sessions, with criminal jurisdic- 
tion only, in District and Probate Courts, and in Justices of the Peace. 
The General Assembly may also establish such municipal and other in- 
ferior Courts as may be deemed necessary'. 

Sec. 2. The Supreme Court shall consist of three Judges, two of whom 
shall constitute a quorum. They shall be elected by a joint vote of the 
General Assembly for the term of six years, and shall continue in office 
until their successors shall be elected and qualified. 

Sec. 3. They shall be so classified that one of the Judges shall go out 
of office ev^-ry two years ; and the Judge holding the shortest classifica- 
tion shall b" Chief Justice of the Court during his term of offii-e, and so 
on in rotation. 

Sec 4. The General Assembly, immediately after said election, shall 
determine by lot which of the three Judges elect shall serve for the term 
of two years, which for the term of four years, and which for the term of 
six years ; and having so determined the same, it shall be the duty of 
the Governor to commission them accordingly. 

Sec. 5. The Supreme Court shall have appellate jurisdiction only in 
cases of Chancery, and shall constitute a Court for the correction of 
errors at law, under such regulations as the General Assembly may by 
law prescribe : Provided, The said Court shall always have power to 
issue writs of injunction, mandamus, quo warranto, habeas corpus, and 
such other original and remedial writs as may be necessary to give it a 
general supervisory control over all other Courts in the State. 

Sec 6. The Supreme Court shall be held at least once in each year, at 
the seat of Government, and at such other place or places in the State as 
the General Assembly maj- direct. 

Sec. 7. No judge shall preside on the trial of any cause in the event of 
which he may be interested, or where either of the parties shall be con- 



260 PROCEEDINGS OF THE 

neoted with him by affinity or eonsanguinity, within such clegreee as may 
be prescribed by law, or in which he may have been counsel, or have 
presided in any inferior (^jurt, except by consent of all the parties. In 
cage all or any of the Ju'lges of the Supreme Court sht^li be thus dis- 
qualified from presiding on any cause or causes, the Court or the Judges 
thereof shall ctM-tify '"l"e same to the Governor of the State and he shall 
immediately commission, specially, the requisite number of men of law 
knowledg'^ for the trial and determination thereol. The ^ame course 
shall be pursued in the circuit and inferior Courts us prescribed in this 
section for cases of the Supreme Court. 

Sec. *-'. There shall be appointed by the Judges of the Supreme Court 
a reporter and clerk of said Court, who shall hold their offices two years, 
and whose duties and compensation shall be prescribed by law. 

Sec. 9. The Judges of the Supreine Court shall give their opinion 
upon iaaportant questions of constitutional law, and upon solemn occa- 
sions when required by the Governor, the Senate, or the House of Rep- 
resentatives; and all euch opinions shall V)e published in connection with 
the reported decisions of said Court. 

Sec. 10. Wten a judgment or decree is reversed or affirmed hy the 
Supreme Court, every point made and distinctly stated in writing in the 
cafuse, and fairly arising upon the record of the case, shall be considered 
and decided ; and the reasons therefor shall be concisely and briefly slated 
ir writing-, and p^erjerved with the records of the case. 

Sec. 11. The Judges of the Supreme Court and Circuit Courts shall, 
at stated times, receive a compensation for their services, to be fixed by 
law, whi h shall not be diminished during their continuance in office. 
They shah not be allowed any fees or perquisites of office, nor hold any 
other office of trust or profit under this State, the United States, or any 
other power. 

Sec V2. No person shall be eligible to the office of Judge of the Su- 
preme Court or Circuit Courts who is not at the time of his election a 
citizen of the United States, and has not attained the age of thirty years, 
and been a resident of this >tate for five years next preceding his elec- 
tion, or from the adoption of this Constitution. 

Sec. 1H. All vacancies in the Supreme Court or other inferior tribunals 
shall be filled by election ; Provided, That if the unexpired term does 
not exceed one year, such vacancy may be filled by Executive appoint- 
ment. All judges, by virtue of their office, shall be conservators of the 
peace throughout the State. 

Sec 14. In all cases decided by the Supreme Court, a concurrence of 
two of the judges shall be necessary to a decision. 

Sec. lo. The State shall be divided into convenient circuits, and for 
each circuit a judge shall be elected by the qualified electors thereof, 
who shall hold his office for a term of four years, and during his contin- 
uance in office he shall reside in the circuit of which he is judge. 

Sec. 16. Judges of the Circuit Court shall interchange circuits with 
each other in such manner as may be determined by law. 

Sec. 17. The Courts of Common Pleas shall have exclusive jurisdic- 
tion in all cases of divorce, and exclusive original jurisdiction in all civil 
cases and actions ex delicto, which shall not be cognizable before justices 



CONSTITUTIONAL CONVENTION. 361 

of the peace, and appellate jurisdiction in all sucii cases as may be provided 
by law. They shall have power to issue writs of mmi damns, prohibition, 
scire facias, and all other writs which may be necessary for carrying their 
power fully into eft'ect. 

Sec 18. The Court of Common Pleas shall sit in each Judicial District 
in this State at least twice in every year, at such stated times and places 
as may be appointed by law. It shall have full jurisdiction in all mat- 
ters of equity, but the Courts heretofore established for that purpose 
shall continue as now organized until the first day of January, one 
thousand eight hundred and sixty-nine, for the disposition of causes now 
pending therein. 

SiiC. 19. The General Assembly shall provide bylaw for the preserva- 
tion of the records of the Courts of Equity, and also for the transfer to 
the Court of Common Pleas and Probate Courts for final decision of all 
causes that may remain undetermined. 

Sec 20. The Court of General Sessions shall have exclusive jurisdic- 
tion over all criminal cases which shall not be otherwise provided for by 
law. It shall sit in each Judicial District in the State at least three times 
in each year, at such stated times and places as the General Assembly 
may direct. 

Sec 21. The qualified electors of each Judicial District shall elect three 
persons for the term of two years, who shall constitute a District Court 
which shall have full jurisdiction over roads, highways, ferries, bridges, 
and in all matters relating to taxes, disbursement of money for District 
purposes, and in every other case that may be necessary to the internal 
improvement and local concerns of the respective Districts. 

Sec 22. A Court of Probate shall be established in each Judicial Dis- 
trict, with jurisdiction in all matters testamentary and of administration, 
in business appertaining to minors and the allotment of dower in cases 
of idiocy and lunacy, and persons non compotes mevtis. The judge 
of said Coui't shall be elected by the qualified electors of the respective 
Districts for the term of two years. 

Sec 23. A competent number of the Justices of the Peace and Con- 
stables shall be chosen in each District by the qualified electors th&reof, 
in such manner as the General Assembly may direct ; they shall hold 
their offices for a term of two years, and until their successors are elected 
and qualified. They shall reside in the District, city or beat for which 
they are elected, and the Justices of the Peace shall be commissioned by 
the Governor. 

Sec. 2-1. Justices of the Peace, individually, or two or more of them 
jointly, as the General Assembly may direct, shall have original jurisdic- 
tion in cases of bastardy, and in all matters of contract, and actions for 
the recovery of fines and forfeitures where the amount claimed does not 
exceed one hundred dollars, and such jurisdiction as may be provided 
by laAV in actions ex delicto, where the damages claimed does not exceed 
one hundred dollars ; and prosecution for assault and battery and other 
penal oifences less than felony punisable by fines only. 

Sec 25. They may also sit as examining Courts and commit, discharge 
or recognize persons charged with offences not capital, subject to such 
regulations as the General Assembly may provide ; they shall also have 
34 



262 PROCEEDINGS OF THE 

power to bind over to keep the peace, or for good behavior. For the 
foregoing purposes thej shall have power to issue all necessary process! 

Sec. 26. Every action cognizable before Justices O'f the Peace institu- 
ted by summons or warrant, shall be brought before some Justice of the 
Peace in the District or city where the defendant resides, and in all such 
causes tried by them, the right of appeal shall be secured under such 
rules and regulations as may be provided by law. 

Sec. 27. The Judges of Probate, District Court Judges, Justices of the 
Peace, and Constables, shall receive for their services such compensation 
and fees as the General Assembly may from time to time by law direct. 

Sec 2S. No person who has arrived at the age of seventy years, shall 
be appointed or elected to, or shall eontinxie in the office of Judge in'this 
State. 

Sec. 29. Judges shall not charge juries in respect to matters of fact, 
but may state the testimony and declare the law. 

Sec 30. There shall be elected in each judicial District, by the electors 
thereof, one clerk for the Court of Common Pleas, who shall hold his 
office for the term of three years, and until his successor shall be elected 
and qualified. He shall, by virtue of his office, be clerk of all other 
Courts of record held therein ; but the General Assembly may provide 
by law for the election of a clerk, with a like term of office, for each or 
any other of the Courts of record, and may authorize the Judge of the 
Probate Court to perform the duties of clerk for his Court, under such 
regulations as the General Assembly may direct. Clerks of Courts shall 
be removeable for such cause, and in such manner as shall be prescribed 
by law. 

Sec. 31. There shall be an Attorney- General for the State, who shall 
reside at the seat of Government, and shall perform such duties as may 
be prescribed by law. He shall be elected by a joint vote of both branches 
of the General Assembly for the term of two years, and shall receive for 
his services a compensation to be fixed by law. 

Sec 32. There shall be one Solicitor for each circuit, who shall reside 
therein, to be elected by the qualified electors of the circuit, who shall 
hold his office for the term of four years, and shall receive for his services 
a compensation to be fixed by law. In all cases where an Attorney for 
the State, .of any circuit, fails to attend and prosecute, according to law, 
the Court shall have power to appoint an Attorney pro tempore. 

Sec 33. The qualified electors of each District shall elect a Sheriff, a 
Coroner, and a District Surveyor, for the term of two years, and until 
their successors are elected and qualified; they shall be commissioned 
by the Governor, reside in their respective Districts during their contin- 
uance in office, and be disqualified for the office a second time, if it 
should appear that they or either of them are in default for moneys col- 
lected by virtue of their respective offices. 

Sec. 34. All writs and process shall run, and all prosecutions shall be 
conducted in the name of the State of South Carolina; all writs shall 
be attested by the clerk of the court from which they shall be issued ; and 
all indictments shall conclude against the peace and dignity of the State. 

Sec 35. The General Assembly shall provide by law for the speedy 
publication of the decisions of the Supreme Court made under this Con- 
stitution. 



CONSTITUTIONAL CONVENTION. 263 

ARTICLE — . 

JURISPRUDENCE. 

Sectiok 1. The General Assembly shall pass such laws as may be nec"" 
essary and proper to decide differences by arbitrators, to be appointed by 
the parties who may choose that summary mode of adjustment. 

Sec. 2. It shall be the duty of the Greneral Assembl}' to pass the nec- 
essary laws for the change of venue in all cases, civil and criminal, over 
which the Circuit Courts have original jurisdiction, upon a proper show- 
ing, supported by affidavit, that a fair and impartial trial cannut be had 
in the District where such trial or prosecution was commenced. 

Sec. 3. The General Assembly, at its first fcessiou after the adoption of 
this Constitution, shall make provision to revise, digest and arrange, 
under proper heads, the body of our laws, civil and criminal, and form a 
penal code, founded upon principles of reformation, and have the same 
promulgated in such manner as they may direct ; and a like revision, 
digest and promulgation shall be made within every subsequent period 
of ten years. That justice shall be administered in a uniform mode of 
}>ieading, without distinction between law and equity, they shall provide 
far aboHshing the distinct forms of action, and for that purpose shall 
appoint some suitable person or persons, whose duty it shall be to revise, 
simplify, and abridge the rules, practice, pleadings, and forms of the 
courts now in use in this State. 

AETICLE — . 

EMINENT DOMAIN. 

Section 1. The State shall have concurrent jurisdiction on all rivers 
bordering on this State, so far as such rivers shall form a common boun- 
dary to this and any other State bounded by the same; and they, 
together with all other navigable waters within the limits of the State, 
shall be common highways, and forever free, as well to the inhabitants 
of this State as to the citizens of the United States, without any tax or 
impost therefor. 

Sec. 2. The title to all lands and other property, which have hereto- 
fore accrued to this State by grant, gift, purchase, forfeiture, escheats, or 
otherwise, shall vest in the State of South Carolina the same as though 
no change had taken place. 

Sec. 3. The people of the State, in their right of sovereignty are de- 
clared to possess the ultimate property in a^d to all lands within the 
jurisdiction of the State ; and all lands, the title to which shall fall from 
defect of heirs, shall revert, or escheat to the people. 

AETICLE — . 

IMPEACHMENTS. 

Section 1. The House of Representatives shall have the sole power of 
impeachment. A vote of two- thirds of all the members elected shall be 
required for an impeachment, and any officer impeached, shall thereby be 
suspended from office until judgment in the case shall have been pro- 
nounced. 



264 PROCEEDINGS OF THE 

Sec. 2. All Impeachments shall V)e tried by the Senate, and when sit- 
ting for that purpose they shall be under oath or affirmation. No per- 
son shall be convicted except by vote of two-thirds of all the members 
elected. When the Governor is impeached, the Chief Justice of the Su- 
preme Court, or the senior Judge, shall preside, with a casting vote in 
all preliminary questions. 

Sec 8. The Governor and all other executive and judicial officers shall 
be liable to impeachment; but judgment in such cases shall not extend 
further than removal from office. The persons convicted shall, neverthe- 
less, be liable to indictment, trial and punishment according to law. 

Sec. 4. For any wilful neglect of duty, or other reasonable cause, 
which shall not be sufficient ground of impeachment, the Governor shall 
remove any executive or judicial officer on the address of two- thirds of 
each House of the General Assembly. Provided, That the cause or 
causes for which said removal may be required shall be stated at length 
in such address, and entered on the journals of each House; And pro- 
vided further, That the officer intended to be removed shall be notified 
of such cause or causes, and shall be admitted to a hearing in his own 
defence, before any vote for such address; and in all cases the vote shall 
be taken by yeas and nays, and be entered on the journals of each House 
respectively. 

EEPOET OF THE COMMITTEE ON EDUCATION. 

THE ENCOtTEAGEMENT OF LITEEATUBE, ETC. 

WHEEEAh', we hold these statements as axioms : that education is 
knowledge ; that knowledge is power ; that knowledge rightly applied is 
the best and highest kind of power; that the general and universal dif- 
fusion of education and intelligence among the people is the surest 
guarantee of the enhancement, increase, purity and preservation of the 
great principles of republican Kberty ; therefore it shall be the duty of 
the General Assemblies, in all future periods of this Commonwealth, to 
establish, provide for, and perpetuate a liberal system of free public 
schools, to cherish the interests of literature and the sciences, and all 
seminaries and public schools, to encourage private and public institu- 
tions, rewards and imm.unities for the promotion of agriculture, arts, 
commerce, trades, manufactures, and natural history of the country, to 
countenance and inculcate the principles of humanity and general be- 
nevolence, public and pr^jrate charity, industry and economy, honesty 
and punctuality, sincerity, sobriety, and all social affections and generous 
sentiments among the people. 

Sec 1. The supervision of public instruction shall be vested in a State 
Superintendent of Education, who shall be elected by the qualified elec- 
tors of the State in such manner as the Legislature shall provide ; his 
powers, duties, terms of office and compensation shall be defined by the 
General Assembly. 

Sec 2. There shall be elected biennially, in each District or County, 
by the qualified electors of each District or County, one School Commis- 
sioner; said Commissioners to constitute a State Board of Education, of 
which the State Superintendent shall, by virtue of his office, be Chair- 



CONSTITUTIONAL CONVENTION. 265 

man ; the powers, duties and compensation of the members of said Board 
shall Ipe determined by law. 

Sec. 3. The General Assembly shall, as soon as practicable after the 
adoption of this Constitution, provide for a liberal and uniform system 
of free public schools throughout the State, and shall also make provi- 
sion for the division of the State into suitable School Districts. There 
shall be kept open, at least six months in each year, one or more schools 
in each School District. 

Sec. 4. It shall be the duty of the General Assembly to provide for 
the compulsory attendance, at either public or private schools, of all 
children between the ages of six and sixteen years, not physically or 
mentally disabled, for a term equivalent to twenty-four months. 

Sec 5. The General Assembly shall levy at each regular session after 
the adoption of this Constitution an annual tax on all taxable property 
throughout the State for the support of public schools, which tax shall 
be collected at the same time and by the same agents as the general 
State levy, and shall be paid into the Treasury of the State. There 
shall be assessed on all taxable polls in the State an annual tax of one 
dollar on each poll, the proceeds of which tax shall be applied solely to 
educational purposes. No other poll or capitation tax shall be levied in 
the State, nor shall the amount assessed on each poll exceed the limit 
given in this section. The School tax shall be distributed among the 
several School Districts of the State in proportion to their respective 
population between the ages of five and twenty-one years. No reli- 
gious sect or sects shall have exclusive right to, or control of any part of 
the school funds of the State, nor shall sectarian principles be taught in 
the piiblic schools. 

Sec 6. Within five years after the regular session of the General As- 
sembly, following the adoption of this Constitution, it shall be the duty 
of the General Assembly to provide for the establishment and support 
of a State Normal School, which shall be open to all persons who may 
wish to become teachers. 

Sec 7. Institutions for the benefit of all the insane, blind, and deaf 
and dumb, and such other benevolent institutions as the public good 
may require, shall be established and supported by the State, subject to 
such regulations as may be prescribed by law. 

Sec 8. Provisions shall be made by law, as soon as practicable, for 
the establishment and maintenance of a State Reform School for juvenile 
offenders. 

Sec 9. The respective Districts or Counties of the State shall make 
provisions, as may be determined by law, for all those inhabitants who, 
by reason of age and infirmities, or misfortunes, may have claim upon 
the sympathy and aid of society. 

Sec. 10. The General Assembly shall provide for the maintenance of 
the State University, and as soon as practicable, provide for the estab- 
lishment of an Agricultural College, and shall appropriate the land do- 
nated to this State for the support of such a College, by the Act of Con- 
gress, passed July 2, 1862, or the money or scrip, as the case may be, 
arising from the sale of said lands, or any lands which may hereafter be 
granted or appropriated for such purpose, for the support and mainte- 



2«6 PROCEEDINGS OF THE >, 

nance of such colleg^e, arid may make the same a branch of the State 
LTniversity, for instruction in ap;riculture, the mechanic arts, and the 
natural sciences connected therewith. 

Sec. 11. All the public schools, colleges and universities of this State 
supported by the public funds shall be free and open to all the children 
and youths of the State, without regard to race or color. 

Sec. 1'2. The proceeds of all lands that have been, or hereafter may be, 
granted by the United States to this State, and not otherwise appro- 
priated by this State or the United States, and of all lands or other 
property given by individuals, or appropriated by the State for like pur- 
poses, and of all estates of deceased persons who have died without 
leaving a will or heir, shall be securely invested and sacredly preserved 
as a State School Fund, and the annual interest and income of said fund, 
together with such other means as the Greneral Assembly may provide, 
shall be faithfully appropriated for the purpose of establishing and main- 
taining free public schools, and for no other purposes or use whatever. 

Mr. E. C. DeLAEGE. On the 29th of January, a resolution was in- 
troduced by the gentleman from Newberry (Mr. B. 0. DUNCAN), that 
a Committee of eight be appointed, or a Committee of one be appointed 
from each District, whose duty it should be to report to this Convention 
the names of such persons as are disfranchised under the Acts of Con- 
gress, so that we might petition Congress for their re-enfranehisemeat : 
which was referred to the Committee on Petitions, who have so far failed 
to report. As Chairman of the Committee on Franchise and Elections, 
I would like to know what action has been taken on that subject. 

Mr. W. J. WHIPPEE. I move that the Committee be required to 
report to-morrow at twelve o'clock. Agreed to. 

Mr. A. J. EANSIEE. I desire to call the attention of the house to 
the fact that three Standing Committees have reported, and furnished 
business for this Convention. I move, therefore, to change the hour of 
the sessdons by striking out twelve, A. M., and inserting ten, so that the 
Convention hereafter will meet at ten o'clock every morning, and con- 
tinue in session until three o'clock eveiy afternoon. Eeferred to the 
Committee on Eules and Eegulations. * 

Mr. A. J. EANSIEE moved that the Committee on Eules and Eegu- 
lations be instructed to report at twelve o'clock to-morrow, which was 
agreed to. 

The PEESIDENT announced the following gentlemen as the Com, 
mittee on the division of the State into Congressional Districts : Messrs. 
B. 0. Duncan, Newberry; Jas. H. Goss, Union; E. W. M. Mackey, 
Orangeburg ; B. F. Whittemore, Darlington ; W. J. Whipper, Beau- 
fort; E. H. Cain, Charleston; Wilson Cooke, Greenville; D. H. Cham- 
berlain, Berkley. 

On motion of Mr. F. J. MOSES, Jr., the Convention adjourned. 



CONSTITUTIONAL CONVENTION, 26T 

Thui-sday, February 6, 1868. 

The Convention assembled at 12 M., and was called to order by the 
PRESIDENT. 

Prayer was offered by the Rev. E. P. SMITH, of New York. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of the preceding day was read and approved. 

Mr. R. C. DeLARGE, I rise to a question of privilege. I desire? 
with permission of the Convention, to amend the resolution adopted yes- 
terday, requesting the President to draw from the State Treasury 
$30,000. I have been informed that it would be impossible for the 
State Treasurer to pay the money, unless through General Canby's 
order, and it would be necessary to amend the resolution by directing 
the President to request General Cauby to draw the amount from the 
Treasury. I move that the house suspend the rules for the purpose of 
reconsideration. 

The motion was agreed to, and the question being put on the pro- 
posed amendment, it was adopted. 

The PRESIDENT announced the hour for the Special Order had 
arrived. 

The Special Order being the "Bill of Rights," on motion, it was taken 
up and read by sections. 

On motion of Mr. HOLMES, the first section was amended by striking 
out the words, "may be reckoned," in the sentence enumerating the in- 
alienable rights, so as to read, "among which are the rights," »S;c. 

Mr. B. 0. DUNCAN. I desire to offer an amendment, which may be 
deemed Harsh in some respects, but which I think is important. It is 
that the words "born free and equal" shall be stricken out. This senti- 
ment is incorrect. Doubtless, as understood by the framers of the Declara- 
tion of Independence, it was correct, but it is entirely false that any person 
is born free. No persons are free until a certain age. They are subject to 
their parents or guardians. If it is understood likewise to refer to equal 
capacity, that cannot be proved, for you cannot tell the capacity of all 
children. Hence, unless some definition showing what the expression 
means is attached, taken literally, it would be false. 

I regard this doctrine as showing great weakness on the part of the 
early moral philosophers. Our Southern professors did not object, how- 
ever, to receive it into their colleges. If this meaning had been^taken 



268 PROCEEDINGS OF THE 

and understood as it reads, falsehood would not have been promulgated. 
While I entirely concur with the rest of the section, I think we should 
have in our Constitution only what is strictly true and proper. 

Mr. J. J. WRIGHT. I agree that we should incorporate in the Con- 
stitution only that which is right and proper, but I cannot concur with the 
gentleman in saying that it was not right and proper to insert that "all 
men are born free and equal." If he would put the interpretation upon. 
these words which is given to them in moral philosophy, which is to 
govern them, I have no doubt that it would change the gentleman's 
opinion. The section says: "All men are born free and equal, en- 
dowed by their Creator with certain inalienable rights, the right of en- 
joying and defending their lives, liberties," &c. 

That is exactly what is meant here, and just exactly what was meant 
by the framers of the Declaration of Independence in declaring "all men 
born free and equal," as far as their rights were concerned. So far as 
those rights which men have by birth, they are all born free and equal, 
free to breathe the same vital air, to exercise their bodies and to enjoy 
life. 

I hope the section will stand as it is, and believe that the framers of 
the Declaration of Independence as well knew the import of those words 
as the gentleman who opposed them. I believe they will be concurred 
in by the majority of the Convention. Some of the leading politicians 
of South Carolina, of Massachusetts, Pennsylvania and New York have 
declared that the fathers of our country did not know what they said 
when they asserted that "all men are born free and equal." But the 
times have changed and these very men begin not only to see, but to 
confess, the great truth involved. For this Convention to set up a dif- 
ferent standard would be ridiculous. 

Mr. B. 0. DUNCAN. I do not disagree Avith the gentleman at all, 
and he need not try to make it apparent that I do not agree that all men 
ought to have equal rights. It is only the phraseology to which I 
object. With the modification which comes after the words "born 
free and equal," I etitirely concur. 

Mr. B. F. RANDOLPH. It always seemed strange to me that any 
intelligent person should question the meaning of the phrase "born free 
and equal." If it was an anxiom. found in physiology or metaphysicb, 
it might seem questionable,' but in politics it ought to be clear and right. 

We know that some men, physically speaking, are born tall, some 
short, some with good sense, some with little sense, some with big and 
some with little feet. But this phrase was not intended to refer to men 
in a physiological sense. It refers to the rights of men politically speak- 



CONSTITUTIONAL CONVENTION. 269 

ing, and in that sense the founders of the Government understood it. 
In that sense I understand and defend it. All men are born with cer- 
tain inalienable rights which it is their privilege to enjoy. 

Mr. C. 0. BOWEN. As a question of phraseology seems to have 
arisen, I will offer an amendment which I think will obviate all objec- 
tions. It is this: "That all men are born equally free and independ- 
ent, and have certain natural, inherent and inalienable rights." 

Mr. B. F. WHITTEMORE. I would like to ask the mover how peo- 
ple are born independent. As I understand the matter we are born de- 
pendent. The member from Orangeburg (Mr. B. F. RANDOLPH), has 
rightly interpreted the meaning of the phrase in the Bill of Rights that 
*'all men are born free and equal." We do not pretend to say that all 
men are born free and equal in the enjoyment of the luxuries of life, 
but that all men are born free and equal politically ; that they shall have 
equal political rights and equal chances, whatever their aspirations may 
be for position, if they possess ability for the attainment of that position. 

On motion of Mr. GEORGE LEE, the amendments were laid upon 
the table. 

The first section was then passed to its third reading. 

Mr. B. 0. DUNCAN moved to amend the second section by inserting 
the words "except as a punishment for crime," in lieu of the phrase 
"otherwise than," which was adopted, and the section passed to its third 
reading. 

Mr. B. 0. DUNCAN moved to substitute for the third section the fol- 
lowing: "All political power is originally vested in and derived from 
the people, and all forms of government are founded on their authority 
and instituted for their peace, safety and happiness." 

Mr. B. F. WHITTEMORE. That changes the character of the sec- 
tion altogether, which declares that all political power is vested in and 
derived from the people only, and therefore they have the right to modi- 
fy the form of government, &c. I trust, therefore, the amendment will 
not prevail, and move to lay it upon the table. 

The PRESIDENT. I call the attention of members to the fact that 
the only way to get rid of the amendment is to xote it down. If the 
amendment is laid on the table, it carries with it, according to parlia- 
mentary usage, the original proposition. 

Mr. B. 0. DUNCAN. I desire to say in reply to the gentleman from 
Darlington, that what is said in the first line is all we have a right to say. 
We may make provision in the Constitution for changing the constitu- 
tional law when deemed necessary. But in the Bill of Rights it is not 
proper to insert such a provision. There is no use iti having everything 
35 



27i3f PROCEEDINGS OF THE 

in the Bill of Right* that we have in other articles of the Constitution. 
I desire to see no repetition. 

Mr. C. C. BOWEN. I hope the amendment will be passed. I cer- 
tainly see a necessity for the substitution of this section. All the dis' 
cussion and difficulty which led to the late long and bloody war arose 
upon a similar declaration to the one in that section that the people 
" have the right, at all times, to modify their form of government." It 
was upon this clause the South claimed the right to go out of the Union 
whenever they pleased. They rested their entire cause upon it. I, there- 
fore, see no necessity for inserting that in the Coastitution when they put 
in the section immediately following, a provision which repeals it. A 
great deal of discussion has arisen all over the United States in reference 
to this subject, and nearly every State in its Constitution, has a similar 
section. It is said that a Judge of the United States Supreme Court 
spent a great deal of time in drawing up that section of the Constitution. 
It is known in all Constitutions as the States Rights clause. But in all 
the late Constitutions it has been left out. 

Mr. J. H. JENKS. I agree with the mover of the amendment, and 
the member who last spoke, that the section as it stands is revolutionary. 
All the questions of State Rights have arisen on this clause, or a similar 
one in the Constitution of the States. A war of seven years or less, and 
the blood and treasure spilled and wasted, ought to have settled it for- 
ever, and I object to introducing in the Bill of Rights any clause on 
which there ever can be again raised the question of the paramount al- 
legiance of men to different States or to the general Government. I hope 
the amendment will prevail. 

Mr. A. J. RANSIER. I agree with the last speaker, that the Bill of 
Rights should set forth that the people owe paramount allegiance to the 
Government of the United States. The Bill of Rights has embodied that 
idea, and provided for it in express terms. In doing this, it also denies 
the right of secession. While this section acknowledges the right of the 
people to change their form of Government, it does not carry with it the 
right of secession, and in other portions of the Constitution such a right 
is expUcitly denied. 

Mr. R. C. DeLARGE. I hope the amendment will prevail. That all 
power is derived from the people, no one would question, but that the 
people of the State have a right to change the government of the State, 
in such manner as deemed expedient, I do deny. 

Mr. L. S. LANGLEY. If the people of the State have the right to 
change their government at all, who ought they change it to suit, if not 
to suit themselves. 



CONSTITUTIONAL CONVENTION. 271 

Mr. R. C. DeLARGtE. Th-^y have the right to change it agreeably to 
the compact which binds all the States in one republic. The people of 
South Carolina in 1860, considered it their right to modify the form of 
government in such a manner as they deemed expedient. We know 
how they construed it then ; and we are not prepared to say what others 
coming after us may construe this clause to mean. I therefore fully 
agree to the amendment of the gentleman from Newberry (Mr. DUN- 
CAN), and hope it will prevail. The people should have the right to 
modify their form of government ; provided such modification does not 
conflict with the laws or allegiance due by the citizens of the State to the 
General Government. 

Mr. A. C. EICHMOND. The people of thi?» State will sometime be 
called upon to modify their form of government ; but in order that there 
shall never again be danger of revolution or secession, I desire to see it 
provided that while free to change their Constitution, the modification 
shall be in accordance with some known and clearly stated law. 

Mr. W. J. McKINLAY. Section 3 says that "all political power is 
vested in and derived from the people." If we admit this fact, the peo- 
ple certainly have a right at all times to modify their form of govern- 
ment. I hope, therefore, the original section will be adopted. 

Mr. B. F. RA.NDOLPH. The only argument urged against this sec- 
tioE seems to be that it vests the people with the power to secede. I do 
not so understand it. The people of South Carolina, when they attempted 
to secede, did not attempt to change their State government, but to sever 
the relationship with the General Government. They were fighting to 
perpetuate the form of government established here. When gentlemen 
say this proposes to vest the people of South Carolina with the right to 
change their form of government, they say what is in accordance with 
Eepublicanism. Therefore I hope the section will be passed as it stands. 

Mr. F. L. CAEDOZO. I trust the amendment will not prevail. The 
gentleman from Newberry wishes to amend the section simply to avoid 
repetition in the Constitution. I do not think such would be the case. 
The section simply lays down a general law for the future, and states the 
manner in which a change is to he made. Several gentlemen have en- 
deavored to give to i1 a States Eights signification, but 1 cannot see upon 
what they base that theory. They all admit that the people have the 
power to modify their own form of government, and this section only 
acknowledges that the people have the same right which is now being 
exercised through their representatives here in Convention assembled. 
As the section says the motive or inducement which may cause them to 



272 PROCEEDINGS OF THE 

change, shall be the public good. I fail to discover any repetition in the 
section or the theory of State Eights, either asserted or implied. 
Mr. J. H. CEAIG offered the following amendment : 

That all political power be vested in and derived from the people only, 
and they, therefore, have a right to modify their form of government, as 
herein provided by this Constitution, whenever the public good demands 
it. 

Mr. N. G- PA.RKER. I believe that the amendment of the gentle- 
man from Newberry is an extract from the Constitution of South Carolina 
of 1808. I do not object to it on that account, but it does seem to me that 
we are making too much of a Constitution — doing more than is abso- 
lutely necessary. The same idea is contained in section 8, and is asserted 
something like fifteen times in the Bill of Eights. I see no reason why 
• we should pass either the section or the substitute. As to the amend- 
ment of the gentleman from Colloton (Mr. CEAIG), I do not think that 
helps the matter at all. If his amendment is to be adopted, I shall move 
to strike out the five last words, "whenever the public good demands." 

Mr. B. 0. DUNCAN. I agree with the gentleman who has last spoken, 
that the section may be left out altogether. The latter part comes within 
the province of the Legislative Committee, which I know has had the 
subject under consideration. As regards the original section, which 
states that " all political power is derived from the people," I would like 
to know whether civil power does not likewise belong to the people ? In 
my amendment, I say that wtiich is more broadly true, namely, that all 
power is vested in the will of the people, and I think it may properly 
be inserted in the Bill of Eights. 

Mr. R. J. DONALDSON. It seems to me that so far as regards State 
Eights, that idea is completely exploded in the two following sections. It 
is, therefore, needless to discuss the subject, and to bring the question 
to a vote, I move that all the amendments be indefinitely postponed. 

The motion was agreed to. 

Mr. C. C. BOWEN offered the following as a substitute : "That all 
power is inherent in the people, and that all free governments are founded 
on the consent of the governed. Therefore, no attempt shall ever be 
made to abridge the right of suffrage in this State except as provided in 
the Constitution." 

Mr. B. F. WHITTEMOEE. The gentleman will find, as he proceeds, 
that there is a clause which provides for that which be has proposed, in 
Sections 33 and 35. 

Mr. E. C. DeLAEGE. I would like to know in how many clauses are 
the people defended and protected. 



CONSTITUTIONAL CONVENTION. 2^3 

Mr. B. F. WHITTEMOEE. We propose to protect the people in all 
the clauses in the Bill of Rights. We are here for the purpose of 
modifying the laws of this Commonwealth, and in this department of 
the Constitution, we propose to lay down the general principle that the 
people have a right to modify their form of government in such manner 
as they deem expedient when the pubUc good demands it. The Legis- 
lative part of the Constitution will define how this change is to be made. 

Mr. F. J. MOSEiS, Jr. I do not desire to speak of the debate on this 
subject, or to prevent any gentleman from using all proper arguments in 
reference to the discussion of the subject, which can properly be brought 
to bear. But it does seem to me extraordinary, that in debating this 
Bill of Rights, the amendments to each section offered should be at- 
tempted to be defeated by a reference to other provisions or sections 
which are not before the Convention at all, except in the lorm of a re- 
port from the Committee. I understand this Bill of Rights to be no- 
thing more nor less than simply a report from the Committee. After 
adopting the first section, it may be the good sense of the house to arrest 
and lay the report upon the table. I think it is a dangerous precedent 
to be setting, to defeat an amendment by reference to other provisions 
we have not yet attempted to discuss. 

Mr. A. J. RANSIER. I will remind the gentleman that I, for one, 
refewed to the Bill of Rights, because the declaration was made by some 
gentlemen who favored the amendment, that it provided for and advocat- 
ed the right of secession, and I referred to other clauses in the hope of 
throwing light on the subject. 

Mr. F. L. CARDOZO. I hope the voice of the gentleman from Sum- 
ter will not prevail with us. I think it very natural and proper for the 
Chairman of the Committee on the Bill of Rights to remind us of any 
amendments or substitutes offered tiiat are already provided for in the 
Bill of Rights, and especially to a case in point. For instance, in the 
case of the amendment of the gentleman from Charleston (Mr. BOWEN), 
who has his own Bill of Rights printed in a newspaper. He reads from 
the newspaper the section he wishes to be substituted for the report of 
the Committee, and if that is done on any large scale, we may as well 
throw this report aside and adopt his. I think we had better go by this 
report of the Committee, especially as it touches upon all the points the 
. gentleman from Charleston refers to. I hope this section will be adopted 
just as it is, and if other points are to be provided for, we will discuss 
them as they come up. I think it wise that the Chairman of the Com- 
mittee should not let us jumble the sections together. 

Mr. C. C. BOWEN. I did not intend to say anything more upon this 



Sy^ PROCEEDINGS OF THE 

section. I must say I am surprised. The whole gist of the matter has 
come out. The objection to the amendment is this: the gentleman 
who spoke last did not write it ; he did not have a hand in it. I simply 
wish to inform the gentleman from Charleston (Mr. CARDOZO), that I 
was elected by the people to come here and do my duty. I was sent 
here to represent them in framing a Constitution for the State of South 
Carolina. I will remind him that on every occasion when necessary, I 
shall get up and lift my voice against anything wrong. I care not how 
much he objects to it. If I see fit to devote my time in writing up a 
Constitution, I claim the right to do it, and let it not be made a matter 
of imputation now because a man has the sense to do it. I certainly 
did have leisure time and I devoted that time to putting on paper my 
views in regard to the Constitution of South Carolina. I have that docu- 
ment here now, and I intend to insist, as far as I can, on getting these 
provisions adopted, simply because I think they are right. If any man 
will show anything better I will yield to it. I will not be so ungrateful 
as the delegate from Charleston, as to say, because he wrote it, it shall 
be thrown out. If no man has a right to offer an amendment, let us put 
this report to a vote, adopt it as a whole, and get rid of it at once. I 
am here as a representative of the people to protect their rights. I cer- 
tainly do think, with due deference to the delegate from Charleston, that 
the substitute I offered is a proper substitute. 

It has been urged on the other side that three or four separate clauses 
are already in the Bill of Rights, which covers the same point. My an- 
swer to that is, if we can get it into one section, make it brief and 
concise, you will shorten a document which is already too long. There- 
fore, if the point is covered in the substitue I offered, and we can get rid 
of two or three other sections, I say, in God'? name, let us adopt it. I 
will say this much, that I spent some little time upon that individual 
section. I read and re-read it ; I wrote and re- wrote it ; "that all power 
is inherent in the people, and all free governments are founded upon 
their authority, and established for the peace, safety and happiness of 
the whole people, therefore no attempt shall ever be made to abridge or 
destroy the right of suffrage that is now enjoyed by any person or per- 
sons, except as provided for in this Constitution." 

I would say this much more. It has been but once that a large 
majority of the people of South Carolina has ever taken any part in its 
elective franchise. I supposed, as a matter of course, something would 
be said under the head of elections, as to the qualifications of an elector ; 
secondly, I closed by saying, "except such persons are made in the Con- 
stitution." I do think something should be put in the section besides 



CONSTITUTIONAL CONVENTION. S'^S 

that whicTi is totally superfluous. I contend that the section just read is 
entirely superfluous. I start out by saying that, "men are born free and 
■equal ; that they are endowed by their Creator with certain inalienable 
rights." I certainly fail to see the necessity of reminding the people in 
in the very next section that thpy have aright to alter their form of gov- 
"Brnment. I will state here that no proposition has been laid down by 
me, or the party who advocated the adoption of my amendment, that 
the people did not have that right No one would be insane enough to 
get up here and say the people did not have the right upon the proper 
occasion to change their form of government. But I say that it is usual 
in all Constitutions to insert an article under that head, whenever expe- 
rience dictates a change should take place, showing how or in what 
manner it should take place. I therefore see no necessity of putting it 
in half a dozen places. 

Mr. F. L. CAEDOZO. I desire not to be misunderstood. The gen- 
tleman from Charleston says that I object to his amendment because I 
did not write it. I am not a member of the Committee on the Bill of 
Eights. I certainly did Qot write either this one or any other. I there- 
fore do not claim authorship either one way or the other. He clung to 
that as his text roving all over creation. What I said was this, that it 
was better for us to adhere to the printed document of the Committee 
before us, which embraced all the points referred to in the document 
which he read. We were informed that the gentleman just arose with 
the newspaper in his hand and ofl"ered the proposed amendment. That 
was unexpected. I still think we had better adhere to the report of the 
Committee. As to his imputation of jealousy he is mistaken. I have 
not written any Constitution. I stand just as he does. 

Mr. C. C. BO WEN. I would simply state that I thought I compUed 
with the rules of the house, as I reduced my substitute to writing and 
sent it to the Chair. 

Mr. L. S. LANGLEY. I move that the amendment be indefinitely 
postponed. 

The motion was agreed to. 

Mr. L. S. LANGLEY called for the previous question, which was not 
sustained. 

Mr. S. COELEY offered the following amendment : 

" All political power is vested in and derived from the people only ; 
therefore they have a right at all times to modify their form of govern- 
ment as provided for in the Constitution." 

Mr. C. C. BOWEN. I move that we adopt the declaration or Bill of 
Eights as a whole. 



216 PROCEEDINGS OF THE 

The PEESIDENT. That motion is not in order. The house has 
already adopted a resolution to take up the Bill of Rights, clause by 
clause. 

The question was then taken on the passing of Section 3 to a third 
reading, which resulted affirmatively. 

Mr. F. J. MOSES, Jr. I move a re-consideration of the vote by which 
the second section was adopted. I presume it was the intention of the 
Committee who framed the section, that it should mean that slavery 
should never exist in this State, and at the same time that involuntary 
servitude might exist as a punishment for crime. But this intention has 
not been carried out. As the matter now stands, the Legislature have 
the right, as a punishment for crime, either to place a citizen in positive 
slavery or involuntary servitude. There is a great deal of difference in 
the two. The amendment I have to offer is this : " Slavery shall never 
exist in this State, neither shall involuntary servitude, except as a pun- 
ishment for crime, whereof the party shall have been duly convicted." 

The motion to reconsider was then agreed to. 

Mr. A. J. RANSIER. I am glad that the gentleman from Sumter 
has been able to solve this problem. The Committee had the matter 
under consideration, but were unable to separate the idea and express it 
in the clear and unmistakeable manner in which it is now presented. 

The question on agreeing to the amendment was then taken and 
decided in the affirmative, and the section was passed to its third read- 
ing. 

Section 4 was read a second time, and without amendment passed to 
its third reading. 

Section 5 was read as follows : " This State shall ever remain a mem- 
ber of the American Union, and all attempts from whatever source, or 
upon whatever pretext to dissolve the said Union, ought to be resisted 
with the whole power of the State. 

Mr. G-. PILLSBURY moved that the words " ought to " be stricken 
out, and the word " shall " be inserted. 

Mr. B. E. WHITTEMORE. The Committee on the Bill of Rights 
originally had it " shall," but finally concluded to leave the matter to 
the decision of the Convention. 

The amendment was agreed to. 

Mr. F. J. MOSES, Jr., moved to amend the section by striking out the 
words " dissolve said," and insert " disconnect it from the." 

Mr. N. Q. PARKER moved to insert " sever from," instead of " dis- 
connect." 

Mr. W. J. McKINLAY. I hope the amendment will not prevail. The 



CONSTITUTIONAL CONVENTION. !8'5t 

States compose the Union ; if one State leaves that Union, she dissolves 
it. The term is both correct and expressive. 

Mr. F. J. MOSES, Jr. It seems to me that the gentleman is entirely obli- 
vious of the fact that the United States Government during the prosecution 
of the war, insisted that the Union was not dissolved. Suf.h a thought 
as that ought not to emanate from this Convention. 

Mr. D. H. CHAMBERLAIN. I am anxious that the phraseology of 
this section should remain as it was reported from the Committee, for the 
term " dissolve " pledges us to more than the proposed amendment of 
the gentleman from Sumter. It not only pledges us to resist an effort 
to dissolve in this State, but in any other State. 

Mr. F. J. MOSES, Jr. I do not see why it is necessary that we should 
say that an attempt made by any other State to dissolve her connection 
with the Union shall be resisted with the whole power of South Carolina, 
If I understand the spirit of this Declaration of Rights, the principle is 
emphatically announced that South Carolina is and shall forever remain 
a member of the Union. Hence, we are already pledged as a State to 
resist, at whatever cost, the dissolution of that Union. 

Mr. R. J. DONALDSON. I hope the section will stand as reported 
by the Committee. We are here first, to unequivocally declare that our 
State shall ever remain a part of the Union, and we are to guard, at the 
same time, a certain amount of State Rights. I am, therefore, for one, 
willing to pledge this State to the protection of the Union, so that in the 
future, we shall not stand in such an anamolous condition as did Ken- 
tucky during the late rebellion. 

Mr. F. J. MOSES, Jr. Does the State from which you come contain 
such a clause in the Declaration of Righ^ '? 

Mr. R. J. DONALDSON. Yes. sir. 

Mr. R. C. DeLARGE. What State do you come from ? 

Mr. R. J. DONALDSON. From South Carolina. 

Mr. F. L. CARDOZO. I desire to see this section adopted as it stands, 
because it not only pledges South Carolina not to go out of the Union, 
but that no other State shall go out without being resisted with all our 
force. Massachusetts, in the late war, acted practically in the spirit of 
this section. She used her power to prevent South Carolina from going 
out of the LTnion ; and, if Massachusetts should, at any time, undertake 
to secede, I want South Carolina to return the compliment to her and 
prevent the act. 

The question was now taken on agreeing to the amendment, and it wae 
decided in the negative. 
36 



9t9 PROCEEDINGS OF THE 

Mr. B. F. RANDOXjPH moved to amend by striting- out the words 
*' American Union," and inserting " United States of America." 

The motion was not agreed to. 

Section 5 was then passed to its^ third reading. 

Section G was read a second tircte and passed to its third reading- with- 
out debate. 

Section 7 was read as follows : 

" All persons resident iti this State, born in the United States, or who 
have been naturalized, and shall have legally become citizens of the 
United States, are hereby declared citizens of South Carolina, possessing 
equal civil and political rights and public privileges as hereinafter de- 
flared by this Conatitutioa." 

Mr. G. G. BOWEN. I move to strike out this entire section as super- 
fluous. It was decided long ago by the Supreme Court of the United 
States, that a citizen of the United States residing in any State was a 
citizen of that State. The Supreme Court of the United States is the 
highest tribunal of the land, and I, therefore, see no necessity of our 
declaring what has already been decided by that Court. The decision I 
allude to was delivered by Chief Justice Marshall, in the ease of Gasses 
7!S. Ballou, 6 Peters, and was that any citizen residing in any State of 
the Union was a citizen of the United States and of the State in which 
he so resided. 

Mr. F.. L. CAEDOZQ. I would like to ask what political rights the 
citizen in the State by that section would be entitled to. 

Mr. B. F. WHITTEMOEE. The section says, " to all political rights 
and privileges as hereinafter declared." 

Mr. C. C. BOWEN. That comes under the consideration of the Com- 
mittee on Franchise and Elections. 

Mr. R. C. DeLAEGE. The Committee on Eeview and Consolidation 
agreed that that section should not be reported. 

Mr. B. F. WHITTEMOEE. I know of no such agreement, and 
think the gentleman is mistaken. There was a conflicting clause, and it 
was settled in the committee room, but not that this section should be 
stricken out. 

Mr. F. J. MOSES, Jr. If I understand the Chairman of the Com- 
mittee on the Bill of Eights (Mr. WHITTEMOEE) correctly, that this 
section prescribes that all persons resident in this State are citizens of the 
State, in accordance with what is hereinafter declared by the Constitu- 
tion, then the section does not carry out the object. After declaring that 
they are citizens of South Carolina, it goes on to say that the citizens of 



CONSTITUTIONAL CONVENTION. ^^9 

South Carolina possess equal civil and polHical rights and public privi- 
leges as hereinafter declared by this Constitution. If the words used 
oan be construed in any other light than that, I would like to be in- 
formed. All residents are declared citizens, viith all the privileges as 
such, subject to no limitations made in the Constitution. If this section 
is adopted as it ptauds, there will be no need of the Committee on Fran- 
chise and Elections saying how long a man shall be a resident of the 
State. 

Mr, F, L. CAEDOZO. I agree with the gentleman from Sumter. It 
will be observed there are four conditions necessary to mike a man a 
citizen of South Carolina : First, residence in the State; second, he must 
be born in the United States; third, naturalization, and fourth, he shall 
have legally become a citizen of the United States. He may then, after 
obtaining all these four, become a citizen of South Carolina. After ob- 
taining these four, a residence here of one hour svill make him a citizen. 

Mr. D. H. CHAMBERLAIN. I desire to call attention to the fact that 
the term resident used here is a legal' term. Residence is a well known 
legal term, and it will be defined hereafter what constitutes residence in 
the State, and, with that being settled, it is proper and right that this 
term should be used here. The' Constitution will provide how long a 
man shall remain to acquire a residence, but to imagine that because a 
man is here for a short time it makes him a resident is absurd. It is a 
legal provision, and this Constitution will define what a man's residence 
is, how long they shall remain, and, that being determined, I think it is 
right it shall say all persons having a residence in this State shall be 
citizens of South Carolina. It seems to me the phraseology is precisely 
right. 

Mr. B. 0. DUNCAN. I shall not speak on the motion to strike out 
this section, but I am opposed to its standing here, on the ground that I 
think it belongs elsewhere, in another part of the Constitution. It seems 
to me this Bill of Rights contains a good deal that belongs to other 
parts of the Constitution. This question, in particular, I think belongs 
to the report of the Committee on Franchise and Elections. 

Mr. R. J. DONALDSON. Taking into consideration the position and 
condition of our State at the present day, I think the Committee on the 
Bill of Rights have done well in introducing this section, which une- 
quivocally declares that all men residents here or born in the State are 
citizens. Had South Carolina always been a free State we would have 
concluded there was no necessity for such a clause as this. I think the 
Committee have done well in engrafting in their Bill of Rights this 
clause, which forever sets at rest all questions as to the inalienable rights 



Mm PKOCEEDifsGS OF THE 

of citizeni-iliip. In our State formerly (>ne class of men were declared 
not possessed of these inalienable rights. As the gentleman who has 
judt taken his seat (Mr. CHAMBERLAIN) very a-bly remarks, resi- 
dence is a legal term. A man may be in South Carolina twelve months 
or ten years and not be a citizen of the State. I think there is nothing 
in this section that trenches upon the report of the Committee on Fran- 
chise and Elections. I hope it will pass as it is, 

Mr. F. J. MOSES, Jr. I do not agree with the gentleman from 
Chesterfield (Mr. E. J. DONALDSON) in reference to his law point. 
The word resident is not used in a technical sense, nor will it be unless 
used where a technical sense applies to it. In order to make the word 
'• resident" a legal term, you must put the word legal before it. I sup- 
pose you will agree with me on that point. If gentlemen would confine 
themselves to the subject under discussion, and not rove off and talk 
about inalienable rights, we could get dlong much faster. The objection 
I have to this section is that every man in the State of South Carolina 
is declared a citizen. You can read it any way you please and it must 
amount to that, and if you adopt the section you may as well dispense 
with the report of the Committee on Franchise and Elections. 

I agree with the gentleman from Chesterfield, that the Committee on 
the Bill of Eights has done well. I do not believe any other Committee 
could have done so well, and produced such an instrument in so short a 
space of time. 

Mr. J. J. WEIGrHT. I am surprised that there has been so much 
discussion over this section I consider it entirely useless, and hope it 
will be stricken out. As far as citizenship is concerned, that has already 
been decided, and the Constitution of the United States declares what is 
meant by the word citizen, when it says that the citizens of one State 
shall be entitled to the rights and privileges of the citizens of the several 
States. If a man is a citizen of Massachusetts, North Carolina, Geor- 
gia, or any other State in the Union, when he comes to the State of 
South Carolina and rebels, or tramples upon any laws of this State, he 
is subject to the jurisdiction and laws of the State. We cannot admit, 
however, the latter part of the clause, which declares all citizens of the 
United States entitled to all the privileges and rights of citizens of this 
State. The Committee on Franchise and Elections will report a clause 
defining those who are citizens entitled to be electors and their privi- 
leges ; I am, therefore, in favo.' of striking out the section. 

On motion of Mr. B. F. WHITTEMOEE, section 7 was stricken out. 

The PEESIDENT announced Messrs. C. P. Leslie, W. E. Eose, and 
S. A. Swails, Auditing Committee. 



CONSTITUTIONAL CONVENTION. 281 

On mution of Mr. F. L. CARDOZO, the rules were suspended to 
enable the Committee on Rules and Regulations to make a report, which 
was made as follows ; 

South Carolina Constitutional Contention, } 
Charleston, February 6, 186P. ^ 

Your Committee, to whom was referred the resolution to amend the 
first section of Rule first, by striking out the word " twelve" and inserting 
'' ten," beg leave to state that thej' had the matter under consideration, 
and respeclfully report through their Chairman the following amend- 
ment : To strike out the word "ten," and insert "half-past ten," and 
strike out the word " three" and insert " half-past two," so that it will 
read: " The sessions of this Convention shall commence at half- past ten 
o'clock, A. M., and continue until half-past two o'clock, P. M. each day, 
unless otherwise ordered." With these alterations, your Committee 
would respectfully recommend the adoption of the resolution. 
Respectfully submitted, 

S. A. SWAILS, Chairman. 

Mr. A. J. RANSIER moved the adoption of the report. 

Mr. F, J. MOSES, Jr. As I expect the argument on the Constitution 
is coming up, and we will all have to make a free use of our lungs, I 
move to amend by striking out half past two, and inserting two o'clock. 

Mr. J. J. WRIGHT moved as an amendment, to strike out " ten" 
and insert "half past ten o'clock," and strike out "three o'clock" and 
insert " one o'clock," and add " shall meet at three o'clock and adjourn 
at five." 

Mr. M. MAULDIN moved that the old establishment be sustained. 

Mr. B. 0. DUNCAN. I do not agree with the amendment of the 
gentleman from Beaufort (Mr. WRIGHT). I think we would prefer an 
evening session, and that we should meet at seven, or half past seven, 
and continue until nine or ten o'clock. 

Mr. F. J. MOSES, Jr. I trust that amendment will be voted down, 
and for this reason. I am here, any how, absent from home, and I 
would just as leave be in this Convention, listening to sparkling, eloquent 
speeches from the members ; but I Ti^ould simply remind members 
we are not sitting here on unimportant business, that our work is a 
serious one, and that we should apply ourselves to it in a serioua and 
proper mode. Framing a Constitution is most important, and I, for one, 
will acknowledge I am not competent to the task of sitting here all that 
time the gentleman proposes, then to come back the next day and vote 
understandingly on all those important questions, without having had 
time to consider them outside of the Convention. When a member is 
up speaking it is no time for him to be considering these questions. We 



FROCEEDINGS OF THE 

must have sometime ontside the Convention hall. When we come here 
we come to vote on the matters brought before- us. If it is the desir& 
simply to get through here as quickly as possible, and rush these things- 
through with speed, let us commence by adopting the whole Bill of 
Eights as it stands, and take up and dispose of all the other departments 
in the same way. If not, then let us, for Heaven's sake, take our time^ 
and not for the sake of economy destroy the perjaanency and grandeur 
of our work. 

The time for the suspension of the Special Order having expired, the 
consideration of the Bill of Rights was resumed. 

Section 8 was taken up and passeu without amendment, as follows: 

All persons may freely speak, write and publish their sentiments on 
any subject, being responsible for the abuse of that right ; and no laws 
shall be enacted to restrain or abridge the liberty of speech or of the 
press. 

Section 9 was taken up as follows: 

" In prosecutions for the publication of papers investigating the official 
conduct ot ofl&cers or men in public capacity, or when the matter pub- 
lished is proper for public information, the truth thereof may be given 
in evidence ; and in all indictments for libel, the jury shall determine 
the law under the direction of the Court." 

Mr. B. 0. DUNCAN. It seems to me this is something belonging 
entirely to the laws enacted by the Legislature, and not properly belong- 
ing to the Bill of Rights. It is more of a law making provision than a 
Constitutional one. 

Mr. C. C. BO WEN. I am in favor of striking out anything super- 
fluous, but not in favor of striking out when there is no necessity. I 
consider it the business of this Convention to lay down certain funda- 
mental principles for legislative guidance, such as is contained in this 
section. 

Mr. J. S. CRi^IQ". As I believe the gentleman is a lawyer, I would 
like to ask him what is meant in saying, " that the jury shall have the 
right to determine the law and the facts ;" whether the jury are to judge 
of the law or take it as given by the Court. It appears vague and sus- 
ceptible of different constructions. 

Mr. N. Gr. PARKER moved to amend by adding after the word "jury" 
in the third line, " shall be judges of the law and fact." 

Mr. R. 0. DeLAROE. I move to strike out the entire section. 

Mr. B. 0. DUNCAN. It seems to me the first part of that section 



CONSTITUTIONAL CONVENTION. 283 

feeloiiors entirely to the Legislature, and the second to the Committee on 
the Judidary. It is very clearly going into particulars which have no 
•connection, with the Bill of Rights. 

Mr. J. S. CRAIG. I understand the proposition is to establish Lourts 
for the purpose of judging of the law. That proposition is calculated to 
destroy th« effect of a Court, and makes the jury judges of the law as 
well as of the fact. I understand it is the duty of the Judge to expound 
the law to the jury, and the duty of the jury to determine the fact under 
the law. Does any man here suppose that a jury picked up all over the 
■country can determine the law. I have always understood that juries 
are to d-etermine facts not law. 

Mr. F. J. MOSES, Jr. I hope, if this amendment proposed by the 
gentleman from Barnwell (Mr PARKER) is adopted, the Legislative 
Committee will be instructed to insert a clause providing for the estab- 
lishtnent of a college for the education of jurymen for the performance of 
their duties. The idea of putting twelve gentlemen, however intelligent, 
however learned they may be, the one a capital merchant, a judge of 
good silk, another a capital sculptor, and so on, to pick them up all over 
the State to put them in a box and tell them they are qualified to judge 
of the law, is certainly the most preposterous proposition I ever heard of. 
The gentleman from Barnwell (Mr. PARKER) certainly could not have 
comprehended the scope of his amendment. Men may be intelligent, 
cultivated, talented, brilliant, and all that kind of thing, but that does not 
make them lawyers or qualified to judge of the law. The spirit and letter 
of the law has been heretofore — and for heaven's sake do not let us make 
dangerous innovations — has been that the jury should judge of facts, and 
the Judge should give them the law. The Judge must give the law and 
the jury must judge of the facts in connection with that law. That is 
the spirit and letter of the law, and that is the custom. I do hope an 
innovation will not be put in this Constitution which constitutes twelve 
men a jury to judge of the law and the fact. Suppose a Judge should 
tell the jury such and such is the law, and the jury go into their room 
and after deliberation, come to the conclusion that such and such is not 
law. In what a nice position you put the people. I tell you you are 
trifling with the rights of citizens, and the most sacred rights. You are, 
perhaps, fixing a plan to cast away the lives of many thousand innocent 
men under this Constitution. You put men in a jury box who know 
nothing of law, perhaps to try a man for his life, and say they shall 
judge the law. I earnestly entreat every man on this floor to consider 
it and vote down the amendment, otherwise you will regret it hereafter. 



38(* PEOGEEDINaS OF THE 

and the blood of many an innocent man will b-^ upon the held of the> 
members of this Convention. 

Mr. A. 0. EICHMOND. I would like to know what is meant by a 
declaration of rights unless it specifies the rights of the people. I be- 
lieve all important rights ought to be put down plainly in order in the 
OoDStitution. If the people have rights, let them be enumerated, and 
then let the necessary legislation come in the proper place. The enu- 
meration of rights is net a legislative act, but the laws to give force to 
the rights of the people are and should be found in their proper place. 
T hope this section will be supported, and not voted down as pro- 
posed by the gentleman from Sumter (Mr. MOSES). I believe the 
amendment proposed by him is a dangerous amendment, and that the 
section reads right in its present form. 

Mr. T. HURLEY The language of this section is exactly the same 
as the language of a similar section in the Constitution of Pennsylvania, 
and of fsome fifteen or sixteen other States. It has been copied int ■ this 
Bill of Eights. 

Mr. C. 0. BOWEN. There is a very important difference in the lan- 
guage, as this section says " in all prosecutions for libel as in other 
cases. '^ The insertion of those words "as in other cases," makes a 
material difference. 

Mr. J. J. WEIGHT. We are not here to settle upon what Pennsyl- 
vania, North Carolina, California, or any other State has done. We are 
here for the purpose of looking after what we consider to be the rights of 
the people of the State of South Carolina. The gentleman has alluded 
to what Pennsylvania has done, but when he reads the clause as in the 
Constitution of Pennsylvania it is found to be entirely different from this 
clause. It winds up by giving juries the same power that the jury has 
in other cases. I happen to know something about the practice of law 
in Pennsylvania, and I say, as a lawyer, it matters not what Pennsyl- 
vania has done, this law has no business here. We give the jury the 
right, in certain cases, to determine the law and the fact. Well, there 
may arise a hundred and a thousand other cases, and the jury have not 
the right to determine the law and the fact. The a, I say, I agree with 
my friend from Sumter, it would be one of the most dangerous things we 
could do, to pick up men who cannot read and put them in a jury box to 
judge of the law, when they cannot read the law, and they are to be 
called upon to determine the law in certain cases where men are being 
tried for their lives. Would it be right or proper ? I have been taught 
that the jury are to judge of the facts, that the Judge is to be the judge of 
the law, that he is to give the jury the law, and they are to determine 



/ 



CONSTITUTIONAL CONVENTION. 285 

the case by associating the law with the facts as presented in the evi- 
dence. I hope this chiuse will be stiuck out, and the powers of the 
Judge and jury respectively enumerated in the report of the Committee 
on the Judiciary as far as mention is made of all rights men are entitled 
to in the Deelaratioii of Rights. I believe that all the rights and privi- 
leges men are entitled to could be printed in this one count on a little 
sheet. Let us strike this clause out and we are safe. 

Mr- B. F. WHITTEMOEE. In order that the minds of the members 
of this Convention may not be prej udiced e ither one way or the other, I 
move that the further consideration of this section be postponed until 
to-morrow, and that we invite the Solicitor to give us his views concern- 
ing the necessity of incorporating this section in the Bill of Eights. 

Mr. W. J. WHIPPER. I move that the consideration of the entire 
Bill of Eights be postponed, and the Solicitor be requested to give his 
views. 

Mr. F. J. MOSES, Jr. I would like very much to get the Solicitor's 
opinion in writing, but not in the Convention, personally. 

Mr. A. J. EANSIEE. I hope this question, with all the amendmentp, 
will be voted upon without reference to the Solicitor. I question very 
nuich the propriety of referring this matter to the Solicitor and getting 
his opinion. It might be reached without getting it in open Convention. 

Mr. B. F. WHITTEMOEE. I would say that one of the Solicitors 
was present when each and every section of the Legislative part of the 
■Constitution was read in his presence. 

The question b^-ing taken on the motion to invite the Solicitor to com- 
municate his opinion in writing, it was not agreed to. 

The question then recurred on the original motion to postpone the 
consideration of the s-ection until to-morrow at one o'clock, at which 
time one of the Solicitors be invited to be present and give his views to 
the Convention. 

Before the question was put the hour of three having arrived the Con- 
vention adjourned. 



37 



2S6 PROCEEDIIs Gt' OF THE 

TWENTIETH D ^ Y . 
Friday, Fetoriiary 7, 1868. 

The Convention assembled at 12 M., and was called to order by the 
PEESIDENT. 

Prayer was offered by Rev. D. HARBIS. 

The roll was called, and a quorum answering to their names, the 
PEESIDENT announced the Convention ready to proceed to business. 

The Journal of the preceding day was read and approved. 

On motion of Mr. B. F. RANDOLPH, the report of the Committee 
on Rules and Regulations was taken up. 

The Convention proceeded to consider the amendment of Mr. J. J. 
WRIGHT to the report, to strike out ''ten" and insert "half past ten 
o'clock," and strike out ''three o'clock" and insert "one o'clock," and to 
add "shall meet at three o'clock and adjourn at five." 

Mr. E. W. M. MACKEY moved that the amendment be indefinitely 
postponed, which was agreed to. 

Mr. E. W. M. MACKEY moved that the report be adopted. 

Mr. B. 0. DUNCAN. The time of the daily sessions mentioned in 
the report is only four hours, which is entirely too short foy work on this 
Constitution. I think we ought to give more time to it. Congress has 
both a morning and a night session, and I do not concur with the gentle- 
man from Sumter (Mr. MOSES), in reference to a night session. The 
plan of having a night session I think a good one. One of the Judges 
of the court told me yesterday that he had to sit on the bench from ten 
in the morning to five in the afternoon, seven hours, and if they can do 
that, we should not complain of at least five hours. 

Mr. C. C. BOWEN. I fully agree with the gentleman from Sumter 
that the session is already long enough. It may be that some here do 
not work enough, but since the adjournment at three o'clock yesterday I 
have been hard at work. We are not here to administer law, as the 
Judges. We are here for the purpose of framing a Constitution, tp fix 
the machinery by which the laws can be administered. I think men 
who come in here ought certainly to have some relaxation from busi- 
ness. If it is proposed to rush the Constitution right through, why then 
let us adopt these things as a whole, and go home. 

Mr. F. L. CARDOZO. I differ with the gentleman from Newberry, 
and hope the time recommended by the Committee will be adopted. 
The mere length of the time we have to work is, after all, not a matter 
of so much consequence. It is the manner in which we do our work. 



CONSTITUnONAL CONVENTION. 287 

A great many questions 'we can decide upon by pondering over in our 
rooms, and then we can come lully prepared, and do more work than we 
would without such preparation. In the afternoons and evenings we can 
prepare at home for our woik here. 

Mr. B. F. RANDOLPH. I hope the report will not be adopted as it 
stands. I think we can well aiford to have two sessions. The objec- 
tions heretofore urged against two sessions, or longer sessions, was that 
the Committees needed time to work The Committees have now pi"e- 
pared the work for us, and we may expect so much talking any how. 
I think it would be much better for the members to meet here in the 
evening and digest matters than io go off in squads in diiferent places. 
If Congress, whose ses^sions aie six months long, can afford to have bwo 
sessions a day, I would iike to know why we cannot. 

Mr. E. W. M. MACKEY. Where did you get your information 
from? You certainly could not get it from the Congressional reports. 

Mr. F. J. MOSES, Jr. Congress meets at 12 M. and adjourns at -5 
P. M. Whenever pressed lor time they call an evening session. 

Mr. B. F. EANDOLPH. That is true; and they frequently find them- 
selves pressed and frequently have evening sessions. I see no reason 
why we should not have two sessions a day, unless the Treasury of the 
State is full of specie. If that was the case, we could well afford to sit 
hf^re and talk over constitutional matters. But the State Treasury is 
tmpty, and I am in favor of doing our work well, and getting through 
just as soon as we can. I hope we shall have two sessions a day. 

The PRESIDENT. The hour for the resumption of the Special Order 
has arrived. 

Mr. W. J. WHIPPEE. I move that the Special Order he postponed 
until this subject is disposed of. 

The motion was agreed to. 

Mr. J. J. WRIGHT. I hope the report will not be adopted. T^e 
are here to work, and the people are paying our expenses. We have 
most of us in this Convention been in the habit of working, and I think 
we can stand more than three hours a day in this assembly ; we can 
also work in our rooms just as much as we see fit. I work in my rooca 
and expect to do so ; but then we work in our rooms and come here to 
do the work over a'gain. The Committees, with the exception of the 
Committee on Franchise and Elections, have all prepared their work, 
and now we ought to '^come here to adopt or reject it. There are but few 
persons in this asstmbla^e who have not been in the habit of working, and 
of getting up in the morning at six o'clock, while we do not get to work 
here before nine or ten o'clock and work until three. We can ceitainly 



2SS FROCEEDINGS- OF THE 

eome here at nine, work until twelve, and adjourn for dinner, and t.hei2 
eome back and work until three o'eloek. I desire to get through our 
work and gO' home. 

Mr. E. C. DeLARGE.. I trust the report of the Committee will be 
adopted. I hope every delegate will rise above the mere question of 
dollars and cents,, and, if necessary, stay here twice as long, and even 
pay his own expenses if the State Treasury should be exhausted. The 
report of the Committee provides for a four hours session instead of 
three. We certainly can do more work by working four hours contin- 
uausly, than by working three hours in the morning and two in the 
evening. 

Mr. N. G. PARKER. As a compromise, I move that we meet at 

half-past ten and s-.t until three o'clock. I think we can get through a& 
much business in that time as if we held two sessions. 

Mr. B. O. DUNCAN seconded the motion. 

Mr. A. J. RANSIER. The gentleman from Orangeburg (Mr. B. F, 
RANDOLPH) introduced a resolution to request the agent of the Asso- 
ciated Press to inform the couatry we did not get raore than seven dol- 
lars a day. Now he says in consideration of the fact that we are getting; 
eleven dollars per day, we ought to work longer and get through a& 
speedily as possible. I would like to know in what broker's office he 
gets his greenbacks for bills receivable. When I introduced the resolu- 
tion, I thought it necessary to get a little more time ; but did not for a- 
moment suppose it would give rise to so much debate. I think two ses- 
sions objectionable. I move to amend by striking out " half-past ten'^ 
and inserting " eleven o'clock," and to strike out " half-past two" and 
insert " half-past three o'clock." 

Mr. C. M. WILDER moved that that amendment be indefinitely post- 
poned, which was agreed to. 

Mr. WM. McKINLAY. I hope the resolution will pass in its present 
form. The gentleman from Sumter, I think, expressed himself very 
eloquently and properly on that subject. The matter we have before u& 
is evidently very important. We are making a Constitution for the 
entire State of South Carolina to last for years, perhaps for this genera- 
tion and for generations to come. All we do should be well done. In 
my opinion, every line and paragraph in every section should be perfectly 
understood by every member of the Convention before he votes, and that 
cannot be done in hasty action or in the heat of debate. But after mem- 
bers retire from here to their homes, they can study and examine and 
deliberate upon the matters embraced in the several sections of the bills 
now before us, and when they come here they will come prepared to act 



CONSTITUTIONAL CONVENTION. 28» 

understandingly upon the matter before they give their votes. It ought 
to be recollected that this is now as an hymenial knot that is to be tied, 
and when tied there is no such thing as untying again. Therefore, in 
tying it, it ought to be done understandingly. I do not think from half 
past ten to half- past two is any too much. I move the previous question. 

The call for the previous question was sustained, and being put, the 
report of tlie Committee was adopted. 

Ou motion of Mr. E. C. DeLA^EGE the Convention went into Com- 
mittee of the Whole, on the 9th section of the Bill of Eights. 

Mr. J. M. RUTLAND took the Chair. 

Mr. C. C. BO WEN. Mr. Chairman : The question now before the 
Convention is one of immense magnitude and importance ; one in which 
the liberties of the people are, in my opinion directly concerned. I feel 
that it is of the utmost magnitude. It is important as it regards the 
boundaries of power between the constituent parts of our constitutional 
tribunals, to which we are for the law and the fact to resort. It is im- 
portant, also, to our Judges and to our juries as regards settling the right 
principles that may be applied to the case, in granting to either the one 
or the other the authority delegated to them by the spirit and letter of 
the law. It is important on account of the influence it must have on the 
rights of the citizens. Viewing it, therefore, in this light, I hope I shall, 
in this arduous attempt, be supported by the importance of the question, 
and if any doubt exists in the minds of the members of this Convention, 
I shall, I trust, be able to satisfy them that the section now under conside- 
ration ought to be adopted. Therefore, Mr. Chairman, to prevent any 
misunderstanding of the subject, I would ask that the Clerk be in- 
structed tp read the section. 

Whereupon the Clerk read as follows : 

Section 9. " In prosecutions for the publications of papers investigating 
the official conduct of men in a public capacity, or where the matter pub- 
lishe/i is proper for public information, the truth thereof may be given 
in evidence ; and that in all indictments for libel, the jury shall have the 
right to determine -the law and the facts, under the direction of the 
Court." 

Sir, the question as I understand it is, whether the section just read 
by the Clerk, shall remain as it now stands or be stricken out ; in other 
Words, to state the proposition perhaps plainer, shall the jury in cases of 
libel have the right to judge of the law as well as the facts ? It has 
been remarked by one of the opponents of this section, that we are not 
here to legislate. Of that I have only to say, we are here the represen- 
tatives of the people to frame a Constitution for the State of South Caro- 



mH^ PilOGEEJDlNfiS OF THE 

iina, <and in that Constitution it is necessary that we should lay dowB 
some guide or rule by which the Legislature wili be governed. I think 
it is right and proper. Nay, I tliink it is due to our constituents, that 
the 9th section of this bill should pass ; that it should be engrafted in 
this Constitution, and thereby become a portion of the supreme law of 
the State. In an action for libel, three questions are necessary to be 
decided. !Pirst, was the article or paper published by the defendant. 
Second, has the inuendoes set forth by the plaiutifi's been made out. 
And third, is the writing a libel ; or in other words, was it published 
with intent to defame the character or injure the reputation of the plain- 
tiff. Previous to Mr. Fox's Libel Act, this subject was one of great con- 
troversy in England. It had invariably been held by the Courts that 
but two of these questions should be decided by the jury ; first, the fact 
that the defendant published the article, and second, the truth of the 
inuendoes in the proceedings, leaving the third and last question entirely 
to the Judge to say whether' the publication was libellous or not. But 
the justice of this doctrine had always been questioned. When after a 
long and bitter struggle between the Government and the people, par- 
ticipated in on one side by the Judges^ who contended that they had the 
exclusive right to say whether the defendant, in publishing the article, 
had been guilty of a criminal intent or not, and on the other side by 
juries, who claimed the right to decide the whole matter in issue. Mr. 
Fox, that successful reformer, succeeded in getting Parliament to pass 
his famous Libel Act, which gave to the jury the right to deteimine the 
law and facts, or in other words, the jury sworn to try the case, might 
give a general verdict of guilty or not guilty, upon the whole matter put 
in issue, and should not be required or directed by tue Court or Judge 
before whom such case should be tried, to find the defendant guilty 
merely of publication, which is nothing more nor less than the proposi- 
tion laid down in the section now under consideration. It is in vain to 
say that, allowing the Judges exclusive right to declare the law, on what 
the jury has found, can work no ill, for, by this privilege, they can as- 
sume and modify the fact so as to make the most innocent publication 
libellous. It is, therefore, no security to say, that this exclusive power 
will but follow the law. It must be with the jury to decide on the intent ; 
they must, in certain cases, be permitted to judge of the law, and pro- 
nounce on the combined matter of law and of fact. If a libel is a crime, • 
which no one will pretend to deny, why take it out of the rule that allows, 
in all criminal cases, when the issue is general, the jury to determine on 
the whole matter. Lord Camden said, that he has never been able to 
form a satisfactory definition of libel, but Blackstone and Hawkins de- 
clare that it is any malicious defamation, with an intent to blacken 



'rrONSTITUTION AL 'CO!^VETSI TION. 2»1 

€hQ TepTitation of any one, dead or alive. The criminal quality is 
its maliciousness. The next ingredient is, that it shall have an intent 
to defame. I ask, then if the intent be not the very Essence of the 
•crime ? It is admitted that the word falsity, when t!ie prooeeding-.? are 
founded on a statute, muNt be proved to the jury, because it makes the 
■offence. Why not then the malice, when, to constitute the crime, it 
must necessarily be implied. In reason there can be no difference. 

A libel is a complicated matter of fact and law with certain things 
and circunistanoes to give them a character; if so, then the malice is to 
Ids proved. The tendency to provoke is its constituent. The question 
■depends on time, manner and civcurastancr-s, which mu^t ever he ques- 
tions of fact for jury determination. The ("ourt, to be sure, may, like a 
jury, and in common with them, have the legal power and moral dis- 
cernment, to determine on such a qtxestion; yet it does not arise out of 
the writing, but by adverting to the state of things and circumstances. 
If an article is published with a good intent, it ought not to be a libel, 
for it then is an innocent transaction ; and it ought to have this intent, 
against which tlie jury have, in their discretion, to pronounce. It shows 
itself as a sentence of fact. Crime is a matter of fact by the cod« of our 
jurisprudence In my opinion, every specific case is a matter of fact, 
for the law gives the definition. It is some act in violation of law. 
When we come to investigate, ever}' crime includes an intent. Murder 
consists in killing a man with malice prepense. Manslaughter, in doing 
it without malice and at the moment of an impulse of passion. Killing 
may even be justifiable, if not praiseworthy, as in defence of chastity 
about to be violated. In these cases the crime is defined, and the intent 
is always the necessary ingredient. When a man breaks into a house, it 
is the intent that makes him a felon It must be proved to the jury that 
it was his intention to steal ; they are the judges of whether the intent 
was such, or whether it was innocent. And so, I say, it should be in 
cases of libel ; let the jury determine, as they have the right to do in all 
other cases, on the complicated circumstances of fact and intent. 

The criminal intent, says Lord Mansfield, in the Dean uf Asaph's case, 
is what makes the crime. I contend that no act is criminal abstracted 
and divested of its intent. Trespass is not in itself innocent. No man 
has a right to enter another's land or hou«e. Yet it becomes in this lat- 
ter case felony only in one poiLt of view, and whether it shall be held in 
that point, is a subject of jury determination. Suppose a man should 
enter the apartments of the Kin,g, this, in itself, wotild be harmless, but 
if he do it with an intent to assassinate, it would be treason. To wh«m 
must this be made to appear in order to induce conviction but to a jury ? 



292 PROCEEDINGS OF THE 

Let it rather be said, that crime depends on iuteut, and intent is one 
parcel of the fact. Unless, therefore, it can be shown that there is some 
specifi!! character of libel, that will apply in all cases, intent, tendency 
and quality, must all be matters of fact for a jury. A trial by jury has 
been considered, in the systemuf English jurisprudence, as the palladium 
of public and private liberty. In all the political disputes of that coun- 
try, this has been deemed the barrier to secure the subjects from oppres- 
sion. If, in that country, juries are to answer this end. if they are to 
protect from the weight of State prosecutions, they must have this power 
of judging of the intent, in order to perform their functions ; they could 
not otherwise answer the end of their institution. I do not deny the 
well known maxim, that to matters of fact, the jury, and to matters of 
law, the judges, shall answer. I do not deny this, because it is not neces- 
sary for the piirpose for which I am contending, or for any other pur- 
pose, that it should be denied. Tlie jury have the power to decide in 
criminal cases, on the law and the fact. They have the right, because 
they cannot be restricted in its exercise ; and, in politics power and right 
are equivalent ; to prove which, let us suppose the Legislature to have 
laid a tax, which, by the Constitution, they certainly are entitled to im- 
pose, yet still the Legislature may be guilty of oppression ; but who can 
prevent them or say they have not the authority to raise taxes. Legal 
power, then, is the decisive effect of certain acts without coatrol ; there- 
fore it will readily be conceded that the jury may decide against the direc- 
tion of the Court, and that their verdict of acquittal cannot be impeached, 
but must have its effect. This, then, I take to be the criterion, that the 
Constitution has lodged the power with them, and they have the right to 
exercise it. It is nothing to say, in opposition to this, that they, if they 
act wrong, are to answer between God and theii* consciences. This may 
be said of the Legislature, and yet, nevertheless, they have the power 
and the right of taxation. I do not mean to say that it would be proper 
for jurors thus to conduct themselves ; but only to show that they do 
possess the legal right of determining on ihe law and the fact, and as 
far as the safety of the citizen is concerned, it is necessary that the jury 
should be permitted to speak to both. They ought not wantonly to 
depart from the advice of the Court ; they ought to receive it, if there 
be not strong and valid reasons to the contrary' ; if there be, they should 
l-eject it. To go beyond this is wrong. Because it is to say, when they 
are obliged to decide, by their oath, according to the evidence, they are 
bound to follow the words of the Judge. After they are satisfied from 
him what the law is, they have the right to apply the definition. If 
"fliey are convinced that the law is as stated, let them pronounce the per- 
son guilty ; but never let them leave that guilt for the Judge to decide. 



CONSTITUTIONAL CONVENTION. 293 

I liave contended, and still do contend, that the jury should decide the 
whole matter in issue, and no one will for a moment contend that every 
general issue does not include the law and the fact. There is not a case 
in any criminal code in which it i.s otherwise. The construction, tVie 
publication, the meaning of the inuendoes, the intent and design, are all 
involved in the question of libel, and are to be decided on the plea of 
no* guilty, which puts the whole matter in issue. It is, therefore, a 
subtlety to say, that the law and the fact are not in issue. In the case of 
the United States vs. Wilson & Porter, which was an indictment for rob- 
bing a mail carrier, tried before the Circuit Court of the United States 
lor the Eastern District of Pennsylvania, in 18o2, the Court in charging 
the jury, after stating at length the opinions entertained by them on 
various points of law involved in the ease, proceeded as follows : " AVe 
have thus stated to you the law of this ease under the solemn du- 
ties and obligations imposed upon us, under the clear conviction that 
in doing so we have presented to you the true test by which you will 
apply the evidence to the case ; but you will distinctly understand that 
you are the judges both of the laiv and the fact in a criminal case, and 
are not hound by the opinion of the Covrt ; you may judge for your- 
selves, and if you should feel it your duty to differ from us, you must 
find your verdict accordingly." In the case of the United States vs. 
Battiest, which was an indictment for a capital offence, Judge Story 
seems to have differed but little from the above decision ; if any thing 
he seems to have based it upon a broader ground. In charging the jury, 
he says : " My opinion is that the jury are no more judges of the law 
in a capital or other criminal case, upon a plea of not guilty, than they 
are in every civil case tried upon the general issue. In each of these 
cases their verdict, ivhen general, is necessarily compounded of law afid 
fact, and includes- botJi. In each they must necessarily decide the law as 
well as the fact." This is what we ask for by the 9th section of this 
bill. This is what the people of England fought for and won. It is 
vrhat the people of this country, years ago, claimed were the rights of 
the jury. It was first introduced in parliament by Mr. Fox, and be- 
came one of the laws of England. In 1812, a similar section to this 
,vas placed in the New York Constitution, and now remains a portion of 
the supreme law of that Siate. In Pennsylvania, by the 7th section of 
the Bill of Eights, '' in all indictments for libels the jury shall have a 
right to determine the law and the facts, under the direction of the 
Court, as in other cases." In three-fourths of the other States I find 
the same doctrine incorporated in their Constitutions, and if precedents 
are worth following, it should be incorporated in ours. 



994 PROCEEDINGS OF THE 

Mr. Chairman, I liave but one other case to cite and 1 am done ; it is 
a case directly in point. I allude to the case of William Bradford, the 
well known first printer of Pennsylvania and New York. This case {?■■ 
referred to by " Mr. Brown" in his "Forum," volume 1st page 2S0, and 
is as follows: "In 1692, a quarrel took place between the Quaker Magis- 
tracy and a part of the Quaker Colonists, on a question partly civil and. 
partly religious ; and Bradford, though taking no part, apparently, in 
the quarrel itself, printed a pamphlet of one of the disputants, George 
Keith, who had taken part against the dogmas, which the Quaker 
Rabbis then thundered from the seats of authority. Bradford w as 
arrested, and the Sheriff being sent to search his office, took posses- 
sion of his press, tools, type, and also of the 'form,' as the printer's. 
call it (which he found still standins^), from which the obnoxious pamph- 
let had been printed. The trial was had in form before two Quaker 
Judges, Jennings and Cooke, assisted by others. A curious cotempo- 
rary account of it still remains to us. The prisoner conducted his case 
in person, and managed it with a fearles.sness, force, acuteness and skill, 
which speaks very highly for his intelligence and accurate eonception of 
legal principles. When the jury were called, he challenged two of 
them because they had formed and expressed opinions, not as to the 
fact of his having publislied the paper, but as to its being of a seditious 
chara:ter, opinions which he himself had. heard them express. The 
prosecuting attorney says to Bradford, after he had made his excep- 
tion : 

"Hast thou at any time heard them say that thou printed the paper, 
for that is only what they are to find?" 

Bradford. "That is not only what they are to find. They are to find 
also whether this be a seditious paper or 7iot, and whether it does tend to 
the weakening of the hands of the magistrates.''^ 

Attorney. "No, that is a matter of law., which the jury is not to meddle 
with, but find whether William Bradford hath printed it or not." 

Justice Jennings (to the jury.) "You are only to try whether William 
Bradford ^rm/et/ rj^ w notP 

Bradford. "This is wrong, for the jury are judges in the law, as well 
as in the matter of fact." 

Justice Cook. "I will not allow these exceptions to the jurors." 

"We have, therefore," says Mr. Brown, "in this trial, evidence of the 
fact, interesting to the whole press of America, and especially interesting 
to the bar and the press of Pennsylvania, that on the soil of Pennsylva- 
nia the father of her press asserted in 1692, with a precision not sine© 
surpassed, a principle in the law of libel hardly then conceived anywhere. 



CONSTITUTIONAL CONVENTION. 395 

but wliieli now protects every publication in this State, and in much of 
our Union; a principle which English judges, after the struggles of the 
great Whig Chief Justice and Chancellor, Lord Camden, through his 
whole career, and of the brilliant declaimer, Mr. Erskrine, were unable 
to reach, and which at a later day became finally established in England 
only by the enactment of Mr. Fox's libel act in Parliament itself." 

Mr. Chairman, I am done. If I have trespassed upon your patience, 
and that of the Convention, my only answer is I have done so in dis- 
charging what I believed to be my duty. I would gladly have remained 
in my seat, and not occupied the time of this Convention, but for the 
strong opposition manifested yesterday on this floor against the adoption 
of this section. Sir, I have now but one other duty to perform, which is 
to record my vote in favor of the ninth section of this bill, which duty I 
am now ready to perform. 

Mr. Gr. PILLSBUEY. The only important question that would arise 
in reference to this section is the right of the jury to exercise their judg- 
ment with regard to the law. I have but one objection to the section, 
and that is, it is entirely superfluous. Jurors always have been judges 
of the law. If we make this as a law for this State, jurors will not only 
be judges of all the other laws, but they will be judges of this law also. 
In Massachusetts this method of judicial proceeding is practiced with 
good success. I think the courts of Massachusetts will compare favora- 
bly with that of any other State. One thing I know is, that what crimi- 
nals most dread there is justice, and what debtors most fear is that they 
will have to fork over. But that is the practice of the law in Massachu- 
setts. There is no apparent clashing between the juries and the Judges. 
The Judges are stern expounders of the law. They have but one side, 
and that is the iron side. With jurors it is diflerent. They have more 
than one side, and if the cold side is inclined to freeze harder and 
harder, they can turn it to the sun, and if the warm side is likely to dis- 
solve, they can turn it to the ice. I do not believe the ends of justice 
will be perverted by granting this power to jurors. 

I will institute a case and apply it to the common sense of every gen- 
tleman of the Convention : Suppose there had been a case upon which 
Judge Taney laid this down as the law favoring that case, "that black 
men have no rights which white men are bound to respect." Now what 
would have been the action of any gentleman of this Convention, if he 
had been on the jury when that infamous sentence was applied and in- 
tended to be forced upon them as law. If I had been there, I might 
have exercised the courtesy to have said, "your honor," but certainly I 
would add, "I myself, as a juror, will take that question under serious 



296 PROCEEDINGS OF THE 

consideration.'' Therefore, from tLe fact that jurors have, and always 
will, exercise the prerogative of judging of the law, and from the other 
fact that experience has shown that the ends of justice are not retarded, 
hut rather prompted, 1 hope the section, especially with that feature 
giving juries the right of judging of the law, will pass. 

Dr. A. G. MACKEY. I have waited to see if any other gentleman 
desired to address this Convention. Presuming that all have expressed 
their opinions, I take this opportunity of saying a few words. I should 
not have addressed myself to the Convention on the subject at all, if I 
did not believe this the most important section in the Bill of Rights pre- 
sented for your consideration. 

When I find gentlemen like the gentleman from Colleton, standing uj* 
here in the middle of the 19th century, at a time when we have just 
passed through one of the most gigantic and most glorious revolutions 
the world has ever witnessed; at a time when more than half the people of 
the State have but recently been liberated from a state of bondage, and 
invested with the rights of freemen ; when I see gentlemen of intelli- 
gence rising upon this floor and actually offering a resolution for your 
adoption, asking you to strike out the ninth section that perpetuatet^ 
the great palladium of our liberties, I must confess ray astonish- 
ment. It is a proposition to bring us back to the Star Chamber 
decisions, to the days when Judges joined with oppressive Governments 
to put their heels on the necks of the people. When I find gentlemen 
asking that we shall fling away all that we have gained through the 
glorious revolutionary period of the past, and submit ourselves, not to 
the decisions of our peers, but to the decisions of Judges— Judges who 
from time immemorial, with few exceptions, have always been on the 
side of oppression and tyranny — I boldly proclaim the fad that if you 
trust your liberties in the hands of the Judges of any country, your liber- 
ties are gone. 

Need I call your attention to the time, a little more than a half century 
ago, when under the corrupt administration of John Adams, the alien 
and sedidon laws were enacted, and when the Judges of the Supreme 
Court became the willing tool of that President in enforcing unconstitu- 
tional laws upon the people ? Need I call your attention to the time when 
the Supreme Court, under the administration of that man. Chief Justice 
Taney, whose name has been embalmed iu eternal infamy, rendered 
the decision declaring that the black man had no rights white men were 
bound to respect ? Need I call your attention to the present time, when 
the Supreme Court is now in doubt, whether it will not, by its decision, 



CONSTITUTIONAL CONVENTION. 297 

endeavor to overthrow and destroy all the fruits of the victories we have 
just gained ? 

Sir, I do not intend to ai-gue this question as a lawyer. I thank God 
that in the investigation of this subject I am no lawyer, because I am 
thus free from the technical prejudices of the profession learned by law- 
yers in the schools, and which imbue them with reverence for a Judge, 
which I confess, I do not possess, unless he be honest and upright as 
Judge and man. I wish to investigate this question in the light of phil- 
osophy and statesmanship. 

Now, what was the origin of the system by which the court was made 
the judge of the law in libel cases? It is the opinion of very eminent 
jurists — among them, of Thomas Cooper, than whom none better knew 
the subject under discussion, because he was himself a victim — that the 
common law in England in libel cases gave to the jury the right to decide 
the law as well as the fact ; and I was yesterday astonished to hear my 
friend from Sumter {Mr. F. J. MOSES, Jr.,) a man who has sat at the 
feet of Gamaliel, declare that it was an abominable thing even to suppose 
that a jury should be the judges of the law. Why, there is no court in 
which the jury do not decide the law in all cases where ihe law and facts 
are complicated. 

If a man is indicted for murder, do the jur}' undertake to confine 
themselves simply to the fact that he committed homicide or killed a 
man, and then leave it to the Judge to decide whether that killing 
amounted to murder, manslaughter or justifiable homicide ? By no 
means. They take the law into their own hands, and declare whether 
he is guilty of murder, manslaughter, or of neither. Their verdict shows 
whether a homicide was defencible, justifiable, or whether it was a mur- 
der with malice, or manslaughter without. The juries, in all these cases, 
take the law and the facts together. They first investigate the facts, 
and then apply the law. It is true that the Judge — and it is proper he 
should do so — undertakes to give the jury directions and advice. Being 
learned in the law, he can state authorities and precedents to them, and 
recommend them to be governed by his instructions ; but in many cases 
juries, like other people, when advice is ofi'ered, give a verdict in the 
very teeth of advice, and no one will undertake to say that such a ver- 
dict, though contrary to the opinion of the Judge,' is illegal. If a jury 
has acquitted a man, he will be discharged, notwithstanding tlie Judge 
may think him legally guilty. If they find him guilty, he will hang, 
notwithstanding the Judge may believe him to be legally innocent. 

Now it is only in cases of libel that the que.stion has been mooted, 
whether juries should be judges of law as well as of fact. Why was 



298 PROCEEDINGS OF THE 

that ? As I said before, it has been supposed by eminent jurists that 
the common law of England gave juries power to judge of the law and 
fact ; but in the reign of Henrj Til, that iniquitous body — the Star 
Chamber — was established in which the right of the jury was taken from 
the people, and men were tried by a Court of State officers, and they 
instituted the doctrine that in cases of libel the Judge was to be judge of 
the law, and the jury to be the judge only of the facts. This condition 
of things existed for a long period of time, and the people suffered much 
oppression, until at last, in the thirty-second year of the reign of George 
ill, Charles James Fox introduced a bill in Parliament (which the gen- 
tleman from Charleston, Mr. BOWEX, has described as being incorpo- 
rated in the section before us), the provisions of which, almost in the 
very words of this section, were to the effect that the jury shall be the 
judges of the law as well as of the fact. What has been the consequence ? 
Why. the Judges of England, who are always aspirants for power, have, 
in the very face of this bill of Mr. Fox's, continually endeavored to tread 
upon the rights of JTiries and decide the law. They have been continu- 
ally persistent, in nunierous cases, especially in cases of libel, in de- 
claring to the jury, " all you have to do is to find the fact of publication, 
and we will decide whether it was either malicious, untruthful or detri- 
mental to the public peace ; we will decide whether it was a libel or not. 
You, the jury, have nothing to do with the libelous character of the 
transaction. We, the Judges, will decide whether it is of a libelous 
nature or not." 

That is still the doctrine (jf the English Courts. But thanks be to God 
it is not the doctrine of the American Courts. 

One of the first and most important cases in this country, subsequent 
to the case of Wm. Bradford, of Pennsylvania, quoted by my friend from 
Charleston (Mr. BO WEN), occurred in the city of Xew York, in the 
year 17^12, when John Peter Zenger, a poor printer, having published 
several articles, in which the injustice and iniquities of the Provincial 
Governor were denounced, the Governor's Council directed him to be prose- 
cuted under an " information," another abominable tool of tyranny, for a 
libel. Party poUtifsrau then very high. The officials who were in power 
were all corrupt, the Governor, the Judges, and all his officers. The people 
themselves were groaning under this tyranny, and the lawyers of New 
York undertook to defend Zenger. But, unfortunately they took the 
ground that the Court was not vaUd, and entered a plea to its jurisdic- 
tion, in consequence of which, and it is in evidence of the baseness of the 
Court, the lawyers were stricken from the rolls of the Court. Zenger 
and his friends were, therefore, compelled to send to Philadelphia, and 



(TONSTITUTIONAL CONVEISTION. 299 

tliey employed the venerable Andrew Hamilton, then eigutj'-two years of 
age, a man whose name has been handed down to posterity for the defence 
made by him in that case. He then made an argument which caused 
Governeur Morris to say that " in that trial the 8"erm of the tree of 
liberty was planted, wiiich subsequently bloomed and bore fruit in 177G." 
It was upon that occasion that the Judge decided the jurors were simply 
judges of the fact and not of the law. I hold in my hand a boolt con- 
taining a full report of the trial of Zenger, from which I will quote. All 
can see it is not a law book. I will read the following sentences : 

The Chief Justice said: " No, Mr. Hamilton, the jury may find that 
Zenger printed and published these papers, leaving it to the Court to 
judge whether they are libelous. You know this is very common. It 
is in the nature of a special verdict, where the jury leaves this matter of 
law to the Court." 

That was the decision of the Judge at that time. That will be the decision 
of the Judges that you will have in this State, if you strike out that ninth 
section. One man wilt assume the authority and prerogative of deciding 
on your liberties. What did Mr. Hamilton say ? Here is his reply : 
" I know, may it please your Honor, the jury may do so, and I do like- 
wise know that they may do otherwise. I know they have a right beyond 
all dispute, to determine both the law and the fact and where thej' do 
not doubt the law they ought to do so." 

Mr. Hamilton persuaded the jury to be of his mind, and in spite of 
the times — in spite of a corrupt and oppressive Judge — in spite of a cor- 
rupt Attorney-General — the jury brought in a verdict of "not guilty," 
which was receivtd with the enthusiastic plaudits of the people. 

Many years after that, in 1805, another case occurred. It was the 
case of the people against Crosswell, who was indicted for libel against 
Thomas Jeiferson, President of the United States. In that case the 
jury were directed to find a verdict according to the facts, and take the 
law from the Judge They did so, and, in consequence, a motion for a 
new trial was made. There were four Judges, two of whom declared 
the jury were to be judges of the law, and two who declared they were 
not to be judges of the law but of the facts. 

One of the grounds of appeal was that the Judge had given a misdi- 
rection to the jury, in saying that they could not judge of the law as 
well as the fact. 

In consequence of there being an equal division the motion for a new 
trial was not sustained, and Crosswell suffered the punishment of the 
law. This led the Legislature of New York, at its next session, to pass 
a law, which was almost a copy of Mr. Fox's law in the British Parlia- 



I 



300 PROCEEDINGS OF THE ^ 

ment, and the law which the gentleman from Colleton proposes to strike 
out from the Bill of Eights. It provided that the jury in all cases of 
libel were to determine both the law and the fact. 

They adopted that as a statute. Subsequently, in amendments to the 
Constinition of that State, it was made a Constitutional feature, and such 
it now remains. In that case the great Alexander Hamilton — and it is a 
singular coincidence that the two men who fought most strenuously for 
this doctrine were both of the same name, though not related — made that 
decision which sustains the argument by which your ninth section is 
supported. He lays down this principle — and, remember, I am (quoting- 
Alexander Hamilton, one of the greatest lawyers the country ever saw, 
one of the foremost defenders of liberty that ever stood upon our soil : 
" In all ca.'-es of prosecution for libel, the Court may instruct or advise 
the jury, but shall have no authority to require or direct them what 
verdict they shall bring in. The whole matter in issue, with all the cir- 
cumstances of truth or falsehood, latent, motive and design, being within 
the right of the jury to decide upon, after hearing all the evidence and 
the charge of the Court." In other words, the jury are to be judges of 
the law as well as of the fact. 

Gentlemen of the Convention, I have but little more to say ; but I do 
not wish to see this section passed by a small vote. I am told it is 
probable that the motion to strike out will not prevail. I trust it will 
not, for I should certainly be sorry to see the Convention of South Caro- 
lina, one half of whose members are men who have just been liberated 
from bondage and from the heel of the oppre.ssor, going back to the old 
times of the Star Chamber, and declaring that the liberties of the people 
shall depend no longer upon the decision of their peers — the juries of 
the country, empannelled under the fairest regulations of law — and that 
they are willing to throw themselves, body and soul, into the power 
of a Judge, who history records in nine cases out of ten, is likely to be 
a corrupt one, and who may wield his power with sway almost unlim- 
ited. History, which is merely a revolving wheel, continually repeating 
its lessons, shows, in all disputes between the throne and people, the 
Judges have been on the side ol the throne, and in cases where the 
Government has been oppressive, the Judiciary lean on the side of the 
Government and against the people. 

Mr. Madison, a profound statesman, years ago observed that if the 
liberties of this country are ever to be endangered, it would not be frrm 
the encroachments of the Executive or Legislative Departments, but 
from the encroachments of the Judiciary. 

A Judge may be virtuous, but by the very character of his ottice, and the 



CONSTITUTIONAL CONVENTION. 3f»l 

duties he has to perform, he is disposed to claim for himself powers and 
prerogatives that ought not, and really do not belong to him. When 
such a Judge finds himself on the one side supported by an oppressive 
and tyrannical King or Government, and on the other opposed by a peo- 
ple who demand that he shall not exercise the unjust privileges which 
he claims, in his indignation at the assumptions of the people, and his 
willingness to submit to the corruptions of the " powers that be," he 
becomes their willing tool ; and in no better way can he oppress than 
under the law of libel, when "informations" being lodged against indi- 
viduals for writing political articles, they are tried and to be punished, 
and he teaches his victims that •' truth is not to be said when the truth 
hurts the King." 

Now, gentlemen, suppose I paint a picture not drawn from romance, 
but from sad and sober reality. Suppose you strike this section out of 
your Bill of Eights, and give to the Judges the power to decide the law, 
while the jury have the facts alone to consider. By a solemn decision, 
the question being before you, you declare that juries are not judges of 
law, but simply of fact. The first effect you produce is this — the effect 
it would not produce had you said nothing about it; because in that case 
the good sense of the people and the very general decisions of our 
Courts, more especially that of that leading authority, Chancellor Kent, 
who has declared juries judges of the law as well as of fact, would have 
probably saved you from oppression. But now, having it before you, 
you make your solemn decision and say that juries are not judges of the 
law, but simply of fact, you then establish a code and precedent for the 
conduct of the Judges, which, at a time not far distant, will be of avail 
to those who oppress you. Perhaps some members of this Convention 
may be the victims. 

Suppose that one of you, who should now vote for striking out this 
section, and thereby declaring that in the State of South Carolina the 
juries are not to decide the laws, but the Judges — suppose, I say, that 
at some future period, not far distant, one of you, who is seated here for 
the purpose of endeavoring to frame a Constitution for your country that 
will protect the rights of the people, should find, by the corruptions of time, 
another party shall have come into power ; a party that thinks the slave oli- 
garchy have been wronged, in being robbed of the blood, bones and muscle 
they made their living out of; suppose that member finds laws estab- 
lished by this new parly affecting his privileges, the privileges of colored 
men, and he should undertake to write an article and publish it in a 
paper, denouncing the infamy of such a proceeding. Suppose, then, the 
Attorney General arrests him and has him indicted for libel, the Judge is 
39 



302 PROCEED [MGS OF THE 

a good Democrat — and when I say that, in my opinii;«n I say all that is po- 
litically bad of him — and he is brought up for trial. Suppose he undertakes 
by his counsel to demand that he shall have the right to prove to the jury 
that the laws enacted by the Legislature were unjust, infamous, t3'rannical 
and oppressive, and that the jury should judge the law, what will be his 
position ? The Judges will answer, "no'sir, you yourself some years ago 
decided that the jury shall have no judgment or discretion upon that sub- 
ject ; you placed in my hands the rod with which I intend to chastise 
you. You have said the jury shall simply find as to the fact whether 
you wrote or published the article, and when they have rendered their 
verdict as to the publication of the article, I will decide whether it is a 
libel or not; and if it be a libel you shall go to jail, there to deplore in 
the darkness of a loathsome dungeon the fact that you trusted the Judge 
and gave him the power to decide upon your liberties.'' 

In conclusion, I would say that I have but a single objection to the 
section as it stands. I prefer to see the words "under the direction of 
the court" sta-icken out. They prevail in but few of the Constitutions of 
the United States. Arkansas, California, Kentucky. New York, Dela- 
ware, Florida, Indiana, Iowa, Kansas, Missis.sippi, Nebraska, Nevada 
New Jersey, Ohio, all unqualifiedly say that the jury shall be the judges 
of the law as well as of the fact. 

Pennsylvania, West Virginia, Illinois, Maine, Oregon and Rhode 
Island have the qualification that it must be under the direction of the 
court, but say that the jury shall decide upon the law and the fact. 
There are eleven of the States that say nothing. But twenty-three 
States of the American Union have declared that the jury shall be 
judges of the law and the fact. Why add these words, "under the di- 
rection of the court?'' I know what thf>y mean. The Committee did 
not intend anything more than an advisory direction. I presume that 
the jury were to avail themselves of the wisdom and law learning of the 
Judge. I have ijp objection to that, but they get that. The Judge is 
not going to give up his prerogative. He is not very apt to give up any- 
thing he claims, but certainly wiU direct the jury and wiU advise with j 
them. But when you say they (the jury) are to be Judges of the law 
under the direction of the court, there is a possible implication there 
that the jury must decide the law as the court directs them. There may 
be a period when some Judges shall decide that to be the case. I there- 
fore prefer that the section should be without it. I therefore offer the 
following : 

Resolved, That the Committee do now rise and report to the house that 
th?y have had the ninth section of the Bill of Eights under consideration, 



CONSTITUTIONAL CONVENTION. 303 

and recommend that the words "have the right to determine the law and 
the fa(;t.s under the direction of the court," be stricken out, and the fol- 
lowing words inserted, "the jury shall be the judges of the law and the 
facts ; " and, with this amendment, recommend its adoption to the house. 

The motion was carried with but two dissenting votes, Mr. F. J. 
MOSES, Jr., and Mr. CEAIG. 

The Committee rose, and Dr. A. Gr. MACKEY resumed the Chair. 

Mr. RUTLAND made the report of the Committee, which was 
adopted, and the ninth section, as amended, passed to a third reading. 

Sections 10, 11, 12, IS, 14, 15, 16 and 17 were then severally passed 
to a third reading, when the hour of half-past two having arrived, the 
Convention adjourned. 



Saturday, February 8, 1868. 

The Convention assembled at 12 M., and was called to order by the 
PRESIDENT. 

Prayer was offered by the Rev. J. M. RUNION. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of the preceding day was read and approved. 

The PRESIDENT announced the unfinished business before the Con- 
vention, was the continuation of the reading of the Bill of Rights. 

The 18th section declaring "that the privilege of the writ of habeas 
corpus shall not be suspended, except when in cases of insurrection, 
rebellion or invasion, the public safety may require it," was read, and 
after a verbal amendment by Mr. R. G. HOLMES, passed to its third 
reading. 

The l-9th section, forbidding the second trial of any person for the 
same offence, was read ; and after verbal amendments by Mr. WILLIAM 
McKINLAY and Mr. B. P. RANDOLPH, passed to its third reading. 

The 20th section, declaring that " no person shall be proceeded against 
criminally, by information, for any indictable offence, except in cases 
arising in the land and naval service, or in the militia when io actual 



304 PROCEEDINGS OF THE 

service, in time of war or public danger, or by leave of the Court, for 
oppression or misdemeanor in office," was read. 

Mr. E. C. DeLAEQE moved to amend by striking out the words, " by 
leave of the Court," so as to read, " or for oppression, misdemeanor, or 
malfeasance in office." 

Mr. E. G. HOLMES deemed the section unnecessary, and moved to 
strike it out. 

Mr. J. D. BELL moved to strike out the words, " by leave of the 
Court." 

Mr. J. S. CRA.IG. If the word " information" is intended to prevent 
persons from appearing before a magistrate or other officer, to file his 
affidavit and obtain a writ against any other that had committed an of- 
fence, I am opposed to it. 

Mr. B. E. WHITTEMOEE. The intention of the Committee is that 
no person shall be proceeded against criminally by any information with- 
out having been indicted by a grand jury. 

Mr. J. M. EUTLAND. If the section is adopted at all, it ought to be 
with the w )rds " by leave of the Court." It is not intended to confer 
powers upon the Judge, but to restrain actions, many of a frivolous or 
unwarrantable character that occur so frequently against the people. It 
is a dangerous pi'actice to indict citizens without a grand jury. If a 
person undertakes to bring information against any number of citizens 
without grounds, and the matter is brought before the Court, it can 
investigate the charge, and it may not permit an indictment. The pro- 
vision "by leave of the Court" is a protection for the citizen. Even the 
very fact of a person being brought up before the Court on the charge of 
having committed crime, though he may be perfectly innocent, is likelj' 
to affect his reputation, and it ought not to be the prerogative of <jvery 
citizen to file an information against another by which he may be com- 
mitted to jail, or suffer in his reputation on grounds of complaint that 
would not be sustained by a Court. 

Mr. C. C. BOWEN. I move to strike out the entire section. I am 
opposed entirely to the grand jury system. A great deal has been said 
here about Star Chamber proceedings, but I know of no greater Star 
Chamber than the grand jury. As an illustration, I will suppose, for in- 
stance, that I went before a Magistrate and made an affidavit that any 
man in the Convention had stolen my pocket book. On the in- 
stant the man is arrested or taken to jail. By the present laws of 
South Carolina, the Magistrate cannot enquire into the charge, but if 
the accused is not able to give bail, must commit. If a stranger, the 
accused very frequently cannot give security for his appearance. I go 



CONSTITUTIONAL CONVENTION. 305 

before the grrmd jury, repeat my charge, hut the accused is not heard 
before them, nor has any voice. The grand jurj' return a true bill for 
larceny without giving the man a chance to be heard. The party against 
whom a true bill is thus found by a grand jury, may be continued in jail 
for months awaiting hi.s trial. In other cases, where the grand jury fail 
to find a true bill, there is an end of the matter, though the prosecuting 
officer may have sufficient evidence to convict the party. A party in the 
up country, tried and convicted of murder, was awaiting execution of 
the sentence, and a few days before the time another party was lodged 
in jail, who, together with the party convicted, made it convenient to 
leave. An order was issued to prosecute the jailor upon the charge of 
allowing the prisonervS to escape. The grand jury failed to find a true 
bill and there was the end of it. But suppose the prosecuting attorney had 
been allowed to have made up his case again and brought it into Court, 
and, a-s it was believed, could have satisfied the jury that there was evi- 
dence enough to convict the jailor of receiving money to let the prisoners 
go. But no ! the grand jury's decision was the last of it. He would, 
when the subject came up, advocate that if the grand jury system was 
to be continued, it should be upon a modified principle. 

Mr. W. J. WHIPPEE. I hope the section will not be stricken 
out I differ with the speaker who has just taken his seat, as to abolish- 
ing the grand jury system. It is one of the principal means by which 
the liberties of the people have been protected for years. The mere fact 
that there has been a few instances in which the grand juries have liber- 
ated parties unwarrantably, is no reason why that useful body should be 
abolished. The jury system is the bulwark of the rights of the people, 
and the grand jury, with the State Attorney-General's information be- 
fore them, decide whether or not there is probable cause for a public 
trial. The grand jury is one of the great safeguards of republicanism. 

Mr. R. 0. DeLAEGE. I desire to ask whether the party accused is 
ever allowed to produce witnesses, and make in person his defence before 
the grand jury. 

Mr. W. J. WHIPPEE. According to the laws of the State he is not. 
But we are here to make laws for the State, and if we find it advisable 
to alter the law in that respect, and allow the accused to be heard before 
the grand jury, it could be done here. The gi-and jury is one of the 
great checks the people have upon prosecutions brought by officers of 
the Government, and to take it away would be to take away the lib- 
erties of the people. Enough had been said upoft the floor yesterday 
with regard to the value of juries, and he hoped that the speech of the 



306 PEOCEEDINGS OF THE 

gentlemen from Charleston (Mr. BOWEN) would not tend to influence 
a single vote for the suppression of either the grand or petit juries. 

Mr. C. C. BOWEN. I said nothing against petit juries, or juries in 
general. I objected to the present system of grand juries. 

Mr. W. J. WniPPER. I hope the grand jury will forever remain as 
one of the great safeguards of the liberties of the people. 

Mr. J. M. RUTLAND. I heartily and cordially endorse the views of 
the gentleman from Beaufort (Mr. W. J. WHIPPEE). To abolish the 
grand jury system would be one of the severest blows ever struck 
against the liberties of this country. If they wiped out the grand jury 
system, the very Star Chamber system, which the President so elo- 
quently portrayed yesterday in Committee of the Whole, w^ould be 
resumed in all its force and evil phases. 

Mr. B. E. WHITTEMORE. I consider this section as of the highest 
importance. Some of us within the last two or three years have been 
made painfully aware of the fact that many persons have been proceeded 
against without any indictment whatever. Parties have been proceeded 
against before tribunals, and even sentenced without having been heard 
in their defence. I hope we will not ourselves abridge the protection 
offered through the establishment of juries. Allusions have been already 
made to the eloquent remarks made by our honored President *in rela- 
tion to the rights and privileges of juries, that they should guard them 
with jealous care, and surround them with everything that would secure 
those rights and pivileges. All I desire is, as the section expresses it, 
that no person shall be brought before any tribunal, or proceeded against 
for crime, or any information given, unless an indictment had been made 
out against him. I concur entirely with the delegate from Beaufort 
(Mr. W. J. WHIPPER), and hope the section will pass. 

The question being taken on striking out the section, it was lost. 

Mr. E. W. M. MACKEY offered the following as a substitute: 

No person shall be held to answer a criminal offence unless on the 
presentment or indictment of a Grand Jury, except in cases of impeach- 
ment, or in cases cognizable by Justices of the Peace, or arising in the 
army or navy, or in the militia when in actual service in time of war or 
public danger. 

Mr. J. J. WRIGHT. I am in favor of the adoption of the original 
section, which has been wisely considered and framed, and vvas just 
what is needed. It protects the people against being pi'oceeded against, 
except through regular indictment, unless sufficient cause is shown for a 
Court to take cognizance of the case. 

Mr. R C. DeT/ARGE. I agree with my colleague (Mr. C. C BOWEN) 



CONSTITUTIONAL CONVENTION. 307 

that tke grand jury is what may be termed the Star (Jhamber of Amer- 
ica. The member from Beaufort has endeavored to make it appear that 
the charge of men being kept in jail till the grand jury meets, was all 
gammon. But he has not told the Convention what is to become of a 
man between the time a Justice of the Peace commits and the grand 
jury meets. I think if we visit the jail once in six months, we will 
come to the conclusion it is not all gammon. I am opposed to the law 
where the accused has not a fair and equal showing with his or their 
accuser, and this is the ca^e with the grand juries. The hearing before 
the grand jury is ex parte altogether. If that is protecting the liber- 
ties of the people, the gentleman has learned a definition of protection 
in an entirely diiferent sense from that understood bj' the speaker. But 
I am also opposed to the substitute, the only difference between that 
and the original being the distinction made by physicians in their pills, 
that is, " sugar coated," so that they may be more easily swallowed. 

Mr. F. L. CAEDOZO. I will not take up the time of the Convention 
by discussing the nature of a grand jury, but will leave that to my 
legal friends. But I take the ground that there is no necessity for the 
substitute, as it simply states affirmatively what the original section 
states negatively, and both will bring about the same result. I heartily 
agree with the eloquent remarks of the President, yesterday, in hav- 
ing juries watch vigilantly the rights of the people. Whatever faults 
grand or petit jurors might have, I feel sure they have not one- fifth the 
tendency to evil results which generally follow the action of a bad or 
corrupt Judge. 

Mr. W. E. JOHNSTON. I have been deprived ever since the meeting 
of the Convention of the privileges accorded me by the Mercury of 
"crying aloud and spare not." Every day members are getting up 
here and talking for the space of one hour, and then go home and do a 
great deal of business besides. I only wished to " line out" a single 
word. I moved that the substitute be indefinitely postponed. 

The motion was agreed to, and the "iOth section passed to its third 
reading. 

On motion of Mr. J. M. EUTLAND, the Convention adjourned. 



308 PROCEEDINGS OF THE 

.^lonclay, FeI>rHary lO, IS68. 

The Convention assembled at !•* A. M., and %vas called to order by 
the PRESIDENT. 

Prayer was offered by the Eev. F. L. OAEDOZO. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of Saturday was read and approved. 

Mr. J. M. RUTLAND, from the Committee on the Legislative part of 
the Constitution, submitted the following reports, which, on motion, were , 
severally adopted : 

Ix CoNVENXios, Cha.klesto>", S. C, February 7, 1868. 

The Committee to svhom was referred an "Ordinance -allowing a 
homestead of one hundred acres of land to. each head of a family," etc., 
beg leave respectfully to report that they have had the same under con- 
sideration, and have agreed to incorporate the substance of the said 
"Ordinance" in a section in the "Legislative part of the Constitution," 
and it is so incorporated; 

Respectfully submitted, 

J. M. RUTLAND, Chairman. 

In Coxvention, Chaelestox, S. C, February 7, 1868. 

The Committee to whom was referrel the resolution "that the several 
Districts of this State shall hereafter be known and denominated Coun- 
ties," beg leave respectfully to report that they have had the same under 
consideration, have approved of the resolution, and have incorporated 
the substance thereof in a section in the " Legislative part of the Con- 
stitution." 

Respectfully submitted, 

J. M. RUTLAND, Chairman. 

In Convextion, Chaelestox, S. C, February 7, 1868. 

The Committee to whom was referred the resolution requiring the 
Legislature " as soon as possible after thpir first assembling under the 
Constitution prepared by this Convention," to enact laws securing cer- 
tain property from levy and sale, and suspending the sale of such prop- 
erty till the Legislature shall enact such laws, etc., beg leave respectfully 
to report that they have had the same under consideration, and have 
incorporated in a section of the " Legislative part of the Constitution," 
so much of the substance of said resolution as looks to the providing of 
a homestead for the unfortunate debtor. 

As to thar part of the resolution pertaining to the suspension of the 



CONSTITUTIONAL CONVENTION. 309 

sales of property uucler execution, and stay laws, your Committee recom- 
mend that the same be laid upon the table. 
Respectfully submitted, 

J. M. RUTLAND, Chairman. 

In Convention, Chakleston, S. C, February 10, 1868. 

The Committee to whom was referred the resolutions authorizing the 

State to issue bonds to the amount of — millions, "to be paid in 

twenty years, and, if possible, to secure the endorsement of Congress 
on the same, the money raised from the sales thereof to be invested in 
lands when forced into the market," etc., also setting forth a plan of 
relief and securing homesteads to the people, beg leave respectfully to 
report that they have had the same under consideration, and are unani- 
mously of the opinion that the whole scheme is impracticable. 

Mr. WM. E. ROSE, from the Committee on Petitions, submitted the 
following report, which was adopted: 

The Committee on Petitions, to whom was referred the resolution for 
the appointment of a Committee to report to this Convention the names 
of such persons as should have their disabilities removed, ask leave to 
report that they have duly considered the same, and are of opinion that 
persons desiring their disabilities removed, should apply individually to 
this Convention by petition. When such application shall be made, the 
Convention will be competent to judge of their respective merits. Your 
Committee, therefore, respectfully recommend that the resolution referred 
to them, be laid on the table. 

W. E. ROSE, Chairman. 

Mr. B. F. RANDOLPH submitted the following report from the Com- 
mittee on the Miscellaneous Provisions of the Constitution, which was 
adopted : 

The Committee on the Miscellaneous Provi&ions of the Constitution, to 
whom was referred a resolution declaring it to be the duty of this Con- 
vention, or the Legislature created by it, to make it a penal offence to 
use the epithets, "negro," "nigger" and "Yankee," have considered 
the same, and respectfully ask leave to report that in the opinion of your 
Committee it is inexpedient for this Convention to take any action in the 
premises, and they respectfully recommend that the resolution be laid on 
the table. L. BOOZER, Chairman. 

Mr. B. F. RANDOLPH submitted the following report from the Com- 
mittee on the Miscellaneous Provisions of the Constitution, which, on 
motion of Mr. B. 0. DUNCAN, was read a first time and ordered to be 
printed : 

The Committee on the Miscellaneous Provisions of the Constitution, 
40 



310 PROOEEDINUS OF THE 

to whom was referred certain resolutions in regard to the organization of 
the militia, ask leave to report that they have duly considered the subject 
referred to them, and respectfully recommend that the following Article 
be adopted as a part of the Constitution of this State, to wit : 

" Article — . The militia of the Stale of South Carolina shall consist 
of all able-lwdied male residents of die State between the ages of eigh- 
teen and forty-five years, except such persons as now are or may here- 
after be exempted by the laws of the United States or of this State, and 
shall be organized, armed, equipped and disciplined as the Greneral As- 
sembly may by law provide." 

Respectfully submitted, 

L. BOOZER, Chairman. 

Mr. S. A. SWAILS submitted the followiug report, which was adopted : 

South Caeolina Constitutional Convention, I 
Charleston, S. C, February 8, 1868. ^ 

Your Committee to whom the bill of Mr. H. Judge Moore (printer) 
was referred to for the purpose of auditing, beg leave to report that they 
have not had sufficient time to investigate the same, but respectfully 
recommond that ^10(,> be paid to Mr. H. Judge Moore on account, until 
such time as } our Committee shall investigate the matter fully. 

S. A. SWAILS, 
For Chairman. 

Mr. N. G. PARKER moved that two additional members be appointed 
on the Auditing Committee, which was agreed to. 

The report of the Committee on the Ijegislative part of the Constitu- 
tion was taken up the first tim.e, and read a first time as follows : 

ARTICLE II. 

Section 1. The legislative power of this State shall be vested in two 
distinct branches, the one to be styled the " Senate," and the other the 
" House of Representatives," and both together the " Greneral Assembly 
of the State of South Carolina." 

Sec. 2. The House of Representatives shall be composed of members 
chosen by ballot every second year, by the citizens of this State, qualified 
as in this Constitution is provided. 

Sec. o. The judicial Districts shall hereafter be designated as Counties-, 
and the boundaries of the several Counties shall remain as they are now 
established, except the County of Charleston, which shall be divided into 
two Counties, one consisting of the late Parishes of St. Philip and St. 
Michael, to be designated as the County of Charleston ; the other, con- 
sisting of all that part of the late Judicial District of Charleston, whicli 
is without the limits of the said Parishes, to be known as the County of 
Berkley ; Provided, That the Legislature shall have the power at any 
time, by a vote of two-thirds of both Houses, to organize new Counties 
by changing the boundaries of any of the old ones ; but no new County 



CONSTITUTIONAL CONVENTION. 311 

sliall Vie lieroaf'tev Formed of less extent than 625 square miler*, nor shall 
any existing * ounties be reduced to a less extent than 6'25 square miles. 
Each County shall constitute one election district. 

Sec. 4. The House of Representatives shall consist of one hundred and 
twenty-four members, to be apportioned among the several Counties ac- 
cording to the number of inhabitants contained in each. An enumera- 
tion of the inhabitants, for this purpose, shall be made in 1869, and 
again in 1875, and shall bo made in the course of every tenth year there- 
after, in such manner as shall be by law directed ; and representatives 
shall be assigaed to the different Counties in the aaovo mentioned pro- 
portion, by act of the General Assembly at the session immediately 
succeeding every enumeration ; Provided, That until the apportionment, 
which sha]l be made upon the next enumeration, shall take effect, the 
representation of the several Counties, as herein constituted, shall be the 
same as the number of delegates allowed to each County in this Con- 
vention. 

Sec. 5. If the enumeration herein directed shall not be made in the 
course of the year appointed for the purpose, it shall be the duty of the 
Governor to have it effected as soon thereafter as shall be practicable 

6ec. 6. In assigning representatives to the several Counties, the Gene- 
ral Assembly shall allow one representative to every one hundred and 
twenty -fourth part of the whole number of inhabitants in the State ; 
Provided, That if in the apportionment of representatives any County 
shall appear not to be entitled, from its population, to a representative, 
such County shall nevertheless send one representative ; and if there be 
still a deficiency of the number of representatives required by section four, 
such deficiency shall be supplied by assigni^ig repi-esentatives to those 
Counties having the largest surplus fractions. 

Sec. 7. No apportionment of representatives shall be construed to take 
effect, in any manner, until the general election which shall succeed such 
apportionment. 

Sec S. The Senate shall be composed of one member from each County, 
to be elected, for the term of four jears, by the qualified voters of the 
State, in the same manner by which members of the House of Repre- 
sentatives are chosen. 

Sec. 9. Upon the meeting of the first General Assembly which shall 
be chosen under the provisions of this Constitution, the Senators shall 
be divided, by lot, into two classes, as nearly equal as may be ; the seats 
of the Senators of the first class to be vacated at the expiration of two 
years after the Monday following the general election, and of those of 
the second class at the expiration of four years ; so that, except as above 
provided, one-half of the Senators may be chosen every second year. 

Sec 10. No person shall be eligible to a seat in the Senate or House 
of Representatives who at the time of his election is not a citizen of the 
United States; nor any one who has not been for one year next pre- 
ceding his election a resident of this State, and for three months next 
preceding his election a resident of the county whence he may be chosen, 
nor any one who has been convicted of an infamous crime. Senators 
shall be at least twenty-five, and Representatives at least twenty-one 
years of age. 



313 PEOCEEDINGS OF THE 

Sec. 11. The first election for Senators and Representatives under the 

provisions of this Constitution shall be held on the Wednesday of 

March of the present year ; and the second election shall be held on the 
third Wednesday in October, 1869, and forever thereafter on the same 
day in every second year, in such manner and at such places as the Leg- 
islature may hereafter provide. 

Sec 12. The first session of the General Assembly after the ratifica- 

rion of this Constitution, shall be convened on the Monday in April 

of the present year in the city of Columbia (which shall remain the seat 
of government until otherwise determined by the concurrence of two- 
thirds of both branches of the whole representation), and thereafter on 
the fourth Monday in November annually. Should the casualties of 
war or contagious diseases render it unsafe to meet at the seat of gov- 
ernment, then the Governor may, by proclamation, appoint a more se- 
cure and convenient place of meeting. 

Sec. 13. The terms of office of the Senators and Representatives 
chosen at a general election shall begin on the Monday following such 
election. 

Sec 1-4. Each House shaU judge of the election returns and qualifica- 
tions of its own members ; and a majority of each House shall constitute 
a quorum to do business ; but a smaller number may adjourn from day to 
day, and may be authorized to compel the attendance of absent mem- 
bers, in such manner and under such penalties as may be provided by 
law. 

Sec 15. Each House shaU choose iU own officers, determine its rules 
of proceeding, punish its members for disorderly behavior, and with 
the concurrence of two-thirds, expel a member, but not a second time for 
the same cause. 

Sec 16. Each House may punish by imprisonment during its sitting 
any person not a member, who shall be guilty of disrespect to the House 
by any disorderly or contemptuous behavior m its presence; or who, 
during the time of its sitting, shall threaten harm to body or estate of 
any member for anything said or done in either House, or who shall 
assault any of them therefor, or who shall assault or arrest any witness 
or other person ordered to attend the House, in his going thereto or re- 
turning therefrom, or who shall rescue any person arrested by order of 
the House. 

Sec. 17. The members of both Houses shall be protected in their per- 
sons and estates during their attendance on, going to, and returning 
from, the General ^Assembly, and ten days previous to the sitting, and 
ten days after the adjournment thereof. But these privileges shall not 
be extended so as to protect any member who shall be charged with 
treason, felony, or breach of the peace. 

Sec 18. BiUs for raising a revenue shall originate in the House of 
Representatives, but may be altered, amended or rejected by the Senate ; 
and all other bills may originate in either House, and may be amended, 
altered or rejected by the other. 

Sec 19. The style of all laws shall be, "Be it enacted by the Senate 
and House of Representatives of the State of South Carolina, now met 
and sitting in General Assembly, and by the authority of the same." 



CONSTITUTIONAL CONVENTION, 313 

Sec. 20. Every Lt«t or resolution having the force of law shall relate 
to but one subject, and that shall be expressed in the title. 

Sec. 21. No bill shall have the force of law until it shall have been 
Tead three times, and on three several days, in each house, has had the 
seal of State affixed to it, and has been signed in the Senate house, by 
the President of the Senate and the Speaker of the House of Eepresen- 
tatives. 

Sec. 22. No money shall be drawn from the Treasuiy, but in pur- 
suance of an appropriation made by law ; and a I'egular statement and. 
account of the receipts and expenditures of all public moneys shall be 
published annually, in such manner as may be by law directed. 

Sec. 23. Etich member of the first General Assembly under this Con- 
stitution .shall receive six dollars per diem while in session ; and the fur- 
ther sum of twenty cents for every mile of the ordinary route of travel 
in going to and returning from the place where such session is held ; 
after which they shall receive such compensation as shall le fixed by 
law ; but no General Assembly shall have the power to increase the 
compensation of its own members. And when convened in extra session 
they shall receive the same mileage and per diem compensation as fixed 
by law for the regular session, and none other. 

Sec. 24. In all elections by the General Assembly, or either House 
thereof, the meml>ers shall vote " viva voce,'''' and their votes thus given 
shal) be entered upon the journals of the House to which they respect- 
ively belong. 

Sec. 25. Neither House, during the session of the General Assembly, 
shall, without the cousent of the other, adjourn for more than three 
days, nor to any other place than that in which the Assembly shall be at 
the time sitting. 

Sec. 26. Each House shall keep a journal of its own proceedings, 
and cause the same to be published immediately after its adjournment, 
excepting such parts as in its judgment may rec[uire secrecy ; and the 
yeas and nays of the members of either House, on any question, shall, 
at the desire of any two members pre.sent, be entered on the journals. 
Any member of either House shall have liberty to dissent from, and 
protest against, any act or resolution which he may think injurious to 
the public or to an individual, and have the reasons of his dissent en- 
tered on the journals. 

Sec. 27. The doors of each House shall be open except on such occa- 
sions as, in the opinion of the Jiouse, may require secrecy. 

Si;c. 28. No person shall be eligible to a seat in the General Assembly 
whilst he holds any office of profit or trust under this State, the United 
States of America, or any of them, or under any other power, except 
officers in the militia. Magistrates or Justices of Inferior Courts, while 
such Justices receive no salary. And if any member shall accept or 
exercise any of the said disqualifying offices he shall vacate his seat. 

Sec. 29. If any election district shall neglect to choose a member or 
members on the day of election, or if any person chosen a member oi 
either House shall refuse to qualify or take his seat, or shall resign, die, 
depart the State, accept any disqualifying office, or become otherwise 
disqualified to hold his seat, a writ of election shall be issued by the 



314 PROCEEDINGS OF THE 

President of th« Senite, or Speaker of the House of Representatives, as 
the case may be, for tho purpose of filling the vacano}' thereby occa- 
sioned, for the remainder of the term for which the person so refvising to 
qualify, resigning, dying, departing the State, or becoming disqualified, 
was elected to serve, or t'le defau.lting flection district ought to have 
chosen a member or members. 

Sec. 8(J. And, whereas, the ministers of the gospel are, by their 
profession, dedicated to the service of God and the cure of souls, and 
ought not to be diverted from the great duties of their functions ; there- 
fore, no minister of the gospel, or public preacher of any religious persua- 
sion, whilst he continues in the esercise of his pastoral functions, shall be 
eligible to the oflice of Governor, Lieutenant-Governor, or to a .-jeat in 
the Senate or House of Representatives. i 

Sec 81. Members of the General Assembly, and all officers before 
they enter upon the execution of the duties of their respective offices, 
and all members of the bar, before they ejiter upon the practice of their 
profession, shall take and subscribe the following oath : 

" I do solemnly swear (or affirm, as the case ma}' be,) that I am duly 
qualified according to the Constitution of the United States and of this 
State, to exercise the duties of the office to which I have been elected 
(or appointed), and that I will faithfully discharge to the best of my 
abilities the duties thereof, and that I recognize the supremacy of the 
Constitution and laws of the United States over the Constitution and 
laws of any State, and that I will support, protect and defend the 
Constitution of the United States and the Constitution of South Caro- 
lina, as ratified by the people oa . So help me God. 

Sec. '62. Officers shall be removed from office for incapacity, mis- 
conduct, or neglect of duty, in such manner as may be provided by law, 
when no mode of trial or removal is provided in this Constitution. 

Sec. 33. The House of Representatives shall have the sole power 
of impeaching ; but a majority of all the members elected must concur 
in the impeachment. All impeachments shall be tried by the Senate ; 
and when sitting for that purpose, the Senators shall be upon oath, or 
affirmation, to do justice according to law and evidence. No person 
shall be convicted without the concurrence of two-thirds of the Sena- 
tors present. 

Sec oi. The Governor, Lieutenant-Governor, and all other civil ofii- 
cers, shall be liable to impeachment for high crimts and misdemean- 
ofs, for any misbehavior in office, for corruption in procuring office, or 
for any act which shall degrade their official character. But judgment 
in such cases shall not extend further than to removal from office and 
disqualification to hold any office of honor, trust or profit under this 
State. The party convicted shall, nevertheless, be liable to indictment, 
trial, judgment and punishment according ty law. 

Sec. 35. There shall be exempt from execution or otlier final pro- 
cess of any Court issued for the collection of any debt, a homestead in 
the country, consisting of one hundred acres, and the dwelling nnd ap- 
purtenances thereon, to be selected by the owner thereof. And in a city, 
town or village, in lieu thereof, a lot with the dwelling and appurte- 
nances thereon : Provided, that such homestead, either in a city, town, 



CONSTITUTIONAL CONVENTION. 315 

village or couutn , shall not exceed in value iwo thousand dollars. There 
shall also be exempt from such execution or other final process of any 
Court issued for the collection of any debt, the necessary articles of fur- 
Tsiture, apparel, subsistence and implements of husbandry, trade or other 
employment to the valu*^ of five hundred dollars. But no property shall 
be exempt from sales for taxes, or for the payment of obligations con- 
tracted for the purchase of said homestead, or for the erection or im- 
provement thereon. It shall be the duty of tbe Legislature, at its next 
session, to pass such laws as may be necessary to carry this provision 
into eft'ect. 

Section o6. All taxes upon property, real or personal, shall be laid 
upon the actual value ol the property taxed, as the same shall be ascer- 
tained by an assessment made for the purpose of laying such a tax. 

The PRESIDENT announced next in order the second reading of the 
remaining sections of the Bill of Eights. 

Mr. R. G. HOLMES moved a reconsideration of the 20th section. 

Mr. N. Gr. PAEKEI4. I second the motion, and hope that motion will 
prevail. If good and sufficient reasons are not shown why this section 
should not be adopted as it now stands, it will certainly be an easy mat- 
ter to adopt it again. If, however, good and sufficient reasons are shown 
why it should not be adopted, we shall all be glad that we obtained 
the opportunity to vote against it. I trust that those who voted in the 
affirmative are not opposed to listening briefly to the objections that will 
be urged against this section. They will stand very much in their own 
light if they do, and may have cause to regret it when it is too late. For 
my part, as much as I desire to accomplish quickly the purpose of this 
Convention, I desire more to accomplish it well. 

The motion to recon.sider was then put and agreed to. 

Mr. N. G. PAEKEPt. I propose the following substitute : 

"That all oflPences less than felony, and in which the punishment does 
not exceed a fine of $100, or imprisonment for thirty days, shall be tried 
summarily before a Justice of the Peace or other officer authorized by 
law, on information, under oath, without indictment or the intervention 
of a grand jury, saving to the defendant the right of appeal ; and no 
person shall be held to answer for any higher crime or offence unless on 
presentment by a grand jury, except in cases arising in the land and 
naval service, or in the militia when in actual service, in tim'© of war or 
public danger." 

I do not claim any originality in introducing that substitute. It is a 
copy of a clause from the Bill of Eights in the Constitution of the State 
of Iowa. I have examined, since our last meeting, all the Constitutions 
of all the States, and I find all the improvements of the last ten years 
embodied in that section. While I desire to accomplish the purpose for 
which we were elected as speedily as possible; while I realize the im- 



316 PEOOEEDINGS OF THE 

portance of drawing this Convention to a close at an early day, in order 
that a Constitution may be submitted to the people for ratification, and 
that we may gain admission to the Union, and become again one of the- 
family of States, I desire also thnt we shall perform the work in such ai 
manner that we shall be satisfied with it ourselves ; that the jjeople wiB 
be satisfied with it, and that it shall be in all respects a model Constitu- 
tion. We are here to make a Constitution for the State of South Caro^ 
lina. We are all alike interested in this important duty. If we do our 
duty well, w© shall be entitled to the plaudits of "well done, good and 
faithful servants." If we do it ill, we shall not only be entitled to cen- 
sure, but we shall be victims to our own wrong doings. I do not like 
the phraseology of the article as it now stands, neither do I like its sig- 
nification. I want something more; the people need something more. I 
fi:nd, upon looking over the Constitutions of all the States, that this ar- 
ticle, as it stands, is a part of the Bill of Rights of four States. First, I 
find it in the Constitution of Mississippi as adopted in 1832. I cannot 
hold up that State as a pattern for us, but even in that State they found 
it was insufficient, and in 1846 they adopted the following amendments 
'^^ Provided, That the legislature, in cases of petty larceny, assault and 
battery, or riot, may dispense with the inquest of the grand jury, and 
may authorize summary proceedings in such cases, under such provisions 
as shall be regulated by law." With such an amendment I would be 
satisfied. I find this provision in four other States of the Union. Mis- 
souri and Alabama adopted the same, including the amendment. Ken- 
tucky in 1850 adopted the same, without the amendment. Pennsylva- 
nia the same in 1838, without the amendment. Thus you will perceive 
that only two States of the United States contain a section like the one 
under discussion, Pennsylvania adopting it in 1838, and Kentucky in 
1850; one forty years ago, and the other eighteen years. But Pennsyl- 
vania, Kentucky. Missouri and Alabama all adopted it originally in their 
first Constitutions. Now let us see how it is in other States. It may be 
said that it matters not to us how it is in other States ; that we can make 
our own Constitution, and not follow other States. That would not b© 
so easy a matter. First, we have the Constitution of the United States, 
then all the Constitutions of all the other States before us, and what w© 
cannot find worth having in some one of these we may well expect not to 
find at all. Originality in Constitution making is almost out of the 
question. 

loiva, Minnesota, Nebraska, and Nevada, contain a section very much 
alike, and, in my opinion, preferable to a corresponding section in any 
Constitution of the States. These are all modern Constitutions. Navada^ 



CONSTITUTIONAL CONVENTION. 317 

1862, Nebraska 1867, Minnesota 1858, and Iowa 1857. 1 do not object 
to either. I consider them just right, and I propose that of Iowa as a 
substitute for the one which the Committee have reported. Rhode Island 
passed one in 1842, and New Jersey one in 18-14, which are both good 
and very nearly ahke, but they do not come up to that of Iowa. The 
Constitution of Iowa is regarded as a model Constitution. I consider it 
so myself. Let us gather from the best, if we gather at all. A few of 
the States are silent upon the questions involved in this section, but nearly 
every one contain either in express language or implied, the substance 
of the Iowa declaration. 

I am surprised that the learned gentleman, Chairman of the Commit- 
tee of the Bill of Rights, whom I know to be fally imbued with the spirit 
of liberality, and fully alive to the wants of to-day, should have recom- 
mended the section as it stands. I trust, however, that he is as open to 
conviction as any one of us, and glad to substitute the one proposed. I 
do not know as the Committee were aware that they were presenting 
any declaration of the Bill of Rights of the State of Mississippi. I think 
if they had been aware of it, that they would have had some doubts 
about recommending it. I am a little surprised that the Committee did 
not examine well the Constitutions of the new States, or of Vermont, Ohio, 
Illinois, Rhooe Island, or any of the great and prosperous States of the 
North and West, and select from them rather than from the secession 
States. But it is really no matter where a good thing is obtained from. 
It seetns that the State of Mississippi could not get along without the 
amendment, so that in 1846 they applied it. I would put up with it now 
with the amendment, but wliy adopt it with the amendment when we 
can adopt a simple article covering the whole ground without an amend- 
ment ? We cannot afford to enter into a new State government with any 
extra load upon us. We need some manner to dispose of the thousand 
little petty larceny cases, and other misdemeanors, without the costly 
and tedious process of a jury trial. 

Section fifteen, which has passed to its thii^d reading, says, that 
" the Legislature shall not enact any law that shall subject any persoh 
to punishment without trial by jury ;" and in the one under discussion, 
" no person shall be proceeded against criminally, by information, for any 
indictable offence." What does this mean ? Does it mean that no per- 
son can be proceeded against criminally by information, unless a grand 
jury take action? Must a man be arrested, held to bail or go to jail, 
and lay months for being suspected of stealing a chicken, or for a little 
boisterous behavior in the street, and have no opportunity for a trial, 
until the grand jury take action, and the Legislature have no power to 
41 



31§ PROCEEDINGS OF THE 

aid him ? The first expenditure the Legislature would authorize, would 
better be for new jails, for the old ones would not hold the candidates if 
such be the effect of the adoption of this section. I am not opposed to 
a grand jury system. I want every person accused to have the right 
of a trial by jury if he demands it. Let Justices of the Peace or other 
officers designated by the Legislature, take cognizances of all petty cases. 
giving the accused the right of appeal, and the whole matter is properly 
disposed of. The Courts and jails will be relieved, and innocent persons 
will be kept out of jail, and justice will be obtained for all. 

Mr. B. BYAS. I am heartily in favor of the substitute offered by the 
gentleman from Barnwell, and hope it will be adopted. While it does 
not curtail the duties of the grand jury, it proposes and does alleviate 
many suffering, and perhaps innocent, persons who are confined in jail to 
await the action of that body. 

The question was then taken on the adoption of the substitute, and it 
was agreed to. 

Section twenty -first received its second reading, as follows : 

Section 21. No person shall be imprisoned for debt except in cases of 
fraud ; and a reasonable amount of property, as a homestead, shall be 
exempted from seizure or sale for the payment of any debts or liabilities, 
except for taxes, that may be contracted after the adoption of this Con- 
stitution. 

Mr. WM. J. McKINLAY moved to amend by striking out in the 
second line all after the word " except," and substituting the words " those 
provided for in this Constitution." 

Mr. G. PILLSBUE.Y moved to amend by substituting the word " and" 
for "or" before the word "sale," which was not agreed to. 

Mr. J. S. CEAIGr. The report of the Committee on the Legislative 
portion of the Constitution, read here this morning, provides for a home- 
stead for every family in the State. I think, therefore, it would be best 
to strike out in this section the provision for the exemption of '* a 
reasonable amount of property as a homestead." I propose this substi- 
tute for the section : 

" No person shall be imprisoned for debt except in cases of fraud, 
whereof the party shaU. have been duly convicted according to law." • 

Mr. E. G. HOLMES moved to amend the latter by saying, " except 
upon conviction of fraud." 

Mr. J. S. CRAIG accepted the amendment. 

Mr. T. K. SASPORTAS moved to amend the fourth line by striking 
out uU after the word " taxes." 



CONSTITUTIONAL CONVENTION. 319 

Mr. F. L. CARDOZO. I hope both the amendment of the gentleman 
from Colleton (Mr. J. S. CRAIG), and the amendment of the gentleman 
from Orangeburg (Mr. T. K. SASPORTAS), will be voted down. The 
objection of the gentleman from Colleton rests upon the repetition. He 
fears a repetition in the Bill of Rights and in the Legislative Depart- 
ment. It is a misconception. There is no repetition. In the Bill of 
Rights, we say, a reasonable amount of property as a homestead shall 
be exempted, and in the Legislative report, we state what that amount 
shall be. One states the general principle, and the other the manner in 
which that principle is to be applied. 

Mr. S. J. WRIGHT moved that the substitute of the member from 
Colleton (Mr. J. S. CRAIG), be indefinitely postponed. 

Mr. C. C. BOWEN. I am in favor of striking out the words proposed 
by the gentleman from Orangeburg (Mr. T. K. SASPORTAS). There 
are two classes of debts already settled, and with which the Convention 
cannot interfere. I think it would be useless to attempt to establish a 
homestead bill, and leave it open for people to come in and get judg- 
ments on debts contracted prior to the homestead bill. If there is any 
mortgage on the homestead property, that mortgage is duly recorded, 
and there is but one way of discharging it ; that is, by paying the money. 
In the next place, if any judgment be entered in any Court of Record, 
that judgment is a lien upon any property the person may have held. 
These two classes of debts are recognized and cared for. There may be 
parties in debt in which the other parties have neither a mortgage or 
judgment. Leaving the section as it is, will leave this class of debts 
open for parties to come in and sue upon. I am, therefore, in favor of 
striking out the words proposed by the gentleman from Orangeburg. 

Mr. J. L. NEAGLE. I see no objection to the section remaining as 
it now stands. I think the amendment of the gentleman from Orange- 
burg (Mr. T. K. SASPORTAS) is out of place. I object to striking out 
the section, as it makes it necessary that the Constitution shall provide 
for a homestead law. 

Mr. WM. J. McKINLAY. The object of the amendment offered by 
myself was to prevent a conflict of this section with the thirty-fifth sec- 
tion reported by the Legislative Committee This Committee, in section 
thirty-five of their report, provides that the homestead shall be exempt 
from sale except for debts due for the purchase of the homestead and 
for taxes. I think the provisions wise, for if a person purchases a home- 
stead, and pays but part of the money, the homestead should still be 
liable for the balance. 

Mr. T. K. SASPORTAS The gentleman from Charleston (Mr. C. C. 



320 PKOCEEDINGS OF THE 

BOWEN) has explained the precise ohject of the amendment offered by 
myself. I do not think we shoal<l refer to any part of either the Legis- 
lative or Judiciary reports whilst acting on the Bill of Eights. When 
we consider those reports it will be time enough then to strike out any- 
thing that conflicts with what has already been adopted. 

Mr. B. F. WHITTEMORE. I believe it to be the duty of this body 
to make proper laws for the protection of the homestead. I think it is 
a humane act. But while we should have a proper regard for those who 
are liable to be ejected from their homes, we should at the same time 
endeavor to be just in every direction. The language made use of here 
is simply to show that we do not desire to make this section retrospective, 
but is intended to be prospective altogether. I am perfectly well aware 
of the provision made by the Legislative Committee. It defines what 
the exemption shall be. I presume the discussion will come more di- 
rectly and properly uoon that provision in the Legislative part of the 
Constitution, than here. I wish to lay down the principles in the Bill 
of Rights which shall cover the entire ground. I shall oppose anything 
that looks to retro-active action. 

I move to amend by striking out all after the words " shall be ex- 
empted from seizure or sale," and inserting " except for the payment 
of such obligations as are provided for in this Constitution." 

Mr. WM. J. McKINLA'y and Mr. SASPORT/IS withdrew their 
amendments. 

Dr. N. J. NEWELL. If we are only to have a prospective home- 
stead, and not a retro-active law, I shall oppi»se the homestead provis- 
ion in every shape or form. A homestead law to be of any benefit to 
the people in their present condition must be retro-active. 

Mr. E. J. DONALDSON. I hope the substitute offered by the gen- 
tleman from Colleton will be voted down. If we wait for a conviction 
in cases of fraud, before the Court gives a warrant of arrest, the party 
or parties convicted may leave the State. We are told tliat a large emi- 
gration is coming here, and among them may be swindlers who would 
get outside the State before the persons injured could get redress. That 
matter should be left to the discretion of the officers of the law. We 
should be careful to do nothing here tliat the Courts will decide to be 
unconstitutional. We have no right, no authority, to pass an ex post 
facto law. While I have been urged to advocate a retro-active law, I 
cannot conscientiously do it. The parties who are in an unfortunate 
position with regard to past debts must take the benefit of the bank- 
rupt law, which reserves to every man a certain portion of his goods. 

Mr. E. C. DeLARGE moved that the further consideration of the 



CONSTITUTIONAL CONVENTION. 321 

entire section be postponed until the second reading of the section ic 
the report of the Committee ou the Legislative part of the Constitution 
relative to the same matter. 

Mr. r. J. MOSES, Jr. I hope that motion will prevail. It is cer- 
tainly the intention of the Convention to adopt some kind of a home 
stead law. I do not presume to say what the law may be, but, in the 
opinion of the gentlemen who have just spoken, there are many mem- 
bers who desire to debate the question as to whether the law should be 
retro-active or prospective. That question is inseparably connected with 
the subject. I am therefore, in favor of postponement until the ques- 
tion of homesteads comes up, then we can have the debate upon it all 
at once. 

Mr. F. L. CAEDOZO. I disagree with the gentleman from Sumter, 
(Mr. F. J. MOSES, Jr.) I think it would be a bad precedent to postpone 
action on a report before us on account of a pending matter. If we 
proceed in that way, we will never have anything complete. If we de- 
cide now whether the law is retro-active or prospective, how can it com.e 
up again. I think we should take decisive action on the questions as 
they come up before us. If we postpone action on any section because 
of what may occur, we may find ourselves deceived, as what we expect 
may not occur. I cannot understand why any gentleman should wish 
to postpone simply upon this question as to whether the law will be 
retro-active or prospective only, especially as last week we invalidated 
all debts contracted for the purchase of slaves, and, therefore, the home- 
stead cannot be sold for those debts, and I think should not be sold for 
any other. I hope we will not take any retro- active action on any debts. 
It would seriously impair credit. I voted against the Ordinance invali- 
dating debts for slaves, because I thought it to be just, and we had no 
right to impair the obligation of contracts. 

Mr. B. F. RANDOLPH. I am in favor of a homestead law, and op- 
posed to the latter clause of this section which says, '' except for taxes 
that may be contracted after the adoption of this Constitution. '^ If it is 
our purpose, or the purpose of the Legislature, to provide homesteads 
for the people, I think it would be a most uncharitable act to levy upon 
that homestead for taxes. 

Mr. E. W. M. MACKEY. Suppose the time came when nine-tenths 
of the people of the State owned nothing more than a homestead, I would 
like to know how the State Government is to be supported if those nine- 
tenths are exempted from paying taxes ? 

Mr. B. F. RANDOLPH. Suppose nine-tenths of the people are thrown 
out in the public highway becaiise unable to pay their taxes, what then 



322 PROCEEDINGS OF THE 

becomes the condition of the people in South Carolina ? They would he 
the most wretched, poverty-stricken people in the world. I would rather 
see the people of South Carolina in a good, prosperous condition, evea 
if we have to let the Treasury of the State be kept empty. 

Mr. B. F. WHITTEMORE. The remarks of the last speaker, it ap- 
pears to me, are entirely irrelevant. We know very well the State must 
levy taxes upon the property of the citizens of the State, and unless the 
taxes are paid, their estates must be s&ld. I would like to know what 
kind of a community we should have, after exempting their property 
from sale for other debts, they could not earn sufficient to pay their taxes. 
It would certainly be a lazy community. It has already been said of 
many communities that they are lazy. Now I am not in favor of pro- 
viding a homestead for that class of people. If we have any class of 
people who cannot pay a tax within a year, I would be in favor of ma- 
ting some exemption. But I have too good an opinion of the people of 
the State to believe they desire an exemption from taxes, after exempt- 
ing a certain amount as a homestead, except for other taxes. We must 
levy taxes to pay the expenses of the State. 

Mr. A. C. RICHMOND. I think there is a very simple method of 
settling this matter. I hope the section, with the amendment of the 
gentlp>man from Darlington (Mr. WHITTEMORE) will pass. It seems 
to be very proper that it should be stated as a fundamental right of the 
people that there should be a homestead. This section, as amended, 
will simply state that there shall be a homestead for the people of the 
State. By and by, when the Legislative department comes up, it may 
then be tested whether it shall take eiiect now or in the future. I think 
the homestead law should take effect immediately. 

Mr. J. M. RUTLA.ND. I will renew my motion to postpone this 
matter until the thirty-fifth section of the Legislative part of the Consti- 
tution comes up. Everything can be effected by considering them to- 
gether. It is a mistake to say we may never come to that because it is 
in the future. The matter is in possession of the house, and the Legisla- 
tive report has been read a first time. I, therefore, move that the debate- 
on this be postponed until the thirty-fifth section of the Legislative report 
be taken up, and that they then be considered together. 

Mr. B. F. WHITTEMORE. If we are to defer our action upon these 
sections until we have taken up all the other departments of the Con- 
stitution, why would it not be as well to defer action upon any other 
clause until we have decided the Constitution. 

Mr. R. H. CAIN. I can see no necessity of postponement at this 
stage of our proceedings. It appears to me that in settling questions in 



CONSTITUTIONAL CONVENTION. 323 

the Bill of Rights, it stands foremost. When we have declared what our 
rights are under the Constitution, then all the other laws and regulations 
are to be made under the Constitution. I think, therefore, we should 
proceed at once with the discussion of this question. I do not think it 
would make any material difference to anticipate some action on the 
homestead question. 

Mr. B F. EANDOLPH. What we act upon to-day, we will not be 
called upon to do another time, and while we have a portion of the work 
before us let us finish it. 

Mr. A. C. EICHMOND. If we are not careful we will have the city 
papers saying we have not passed more than three sections to-day. The 
only thing necessary now is to assert the fundamental right of the people 
to have a homestead. I hope that the motion to postpone the section 
will be voted down. 

Mr. E. B. ELLIOTT. I hope the motion to postpone will not prevail. 
I think if this matter is to be discussed at all this is the proper time to 
do it. Let it be discussed while we have the twenty-second section be- 
fore us. That says "no bill of attainder or ex post facto law shall be 
passed." Whilst we have that before us, we can determine whether it 
is right and proper to pass the twenty-first section and make it i-etro- ac- 
tive or prospective. I do not think it will benefit the matter to leave it 
until the thirty- fifth section of the Legislative report comes up. Let us 
■determine what are our rights while we have the bill before us. 

Mr. J. S. CEAIG. I opposed any action on this section simply because 
I considered it inappropriate. I do not think the homestead law should 
have a place in the Bill of Rights. No man is more in favor of a liberal 
homestead than myself, aud no man is willing to go farther than I am. 
But I do think the proper place for a homestead provision is in the leg- 
islative part of the Constitution. That was my object in offering the 
substitute. I do not propose to go into the merits of the question of 
postponement. 

Mr. W. B. NASH. I hope the house will not postpone this question, 
but decide it at once. I think this provision is in its proper place. There 
is no place more proper to state what our rights are, than in the Bill of 
Rights, and that is the very reason why I am opposed to the postpone- 
ment of this section. If the people )iave any rights, I think one of them 
is that they should pay their debts. I think it ought to be laid down in 
the Bill of Rights, that the people have no right to repudiate their debts. 
I believe if we postpone the consideration of this section, and adopt that 
proposed by the thirty-fifth section of the Legislative Committee, it would 
be recognizing repudiation. I must say I am in favor of the twenty-first 
section as it stands. 



324 PROCEEDINGS OF THE 

lifr. N. G. PARKER. I hope it will not be postponed. I thiuk this 
is the proper time to dispose of the question. 

Mr. B. F. WHITTEMORE. I have but a few words to say. I 
hoped with the amendment offered by myself that the debate would 
have ended, and that we could have taken it up in some other place. 
Inasmuch as so much has been said upon the subject, I trust the amend- 
ment I have offered will be lo5t, and I shall withdraw it. I believe there 
is an intention to make this law retrospective. My object was to make 
it prospective altogether. It appears to me the action of this Conven- 
tion already has covered the debts and liabilities of this people suffi- 
ciently. The homestead law is intended to protect more partioularly the 
poor people of the State ; those who may come into possession of property 
hereafter, and who may own homesteads. If we make U retrospective, 
we cannot touch the cases of those we propose to provide for in the 
future ; for, if we cover all the people of the State with all the means to 
cover their property, I question whether we will be able to provide for 
the homesteads of the people in the future. We have already shown as 
much charity to the rich people of the State as could be expected. If 
we are to provide for all the people, let us take into consideration one 
great ftict, that there are liabilities and obligations which we cannot by 
our action impair, thac we have a duty to perform, and we declare in the 
twenty-second section "that no law impairing the obligation of a con- 
tract, and no ex post facto law shall be passed." If we make this section 
retrospective in our action here, or if we do not declare that whatever 
exemptions we make shall be for debis contracted after the adoption of 
this Constitution, it appears to me we are taking upon ourselves what 
we have no right to do ; what, in accordance with the Constitution of the 
United States, we have no right to do, namely, to impair the obligation 
of a contract. Since I offered the amendment, it has been admitted to 
me there was an intention to make the action on this retrospective, and 
in accordance with that fact I am now speaking. I believe when the 
conviction comes from the heart and mind no gentleman has a right to 
retract anything he has already said 

I might have been willing, in the first place, to allow this question to 
come upon the Legislative part of the Constitution. I trust, however, it 
will be decided now. We cannot do any injury to the people if we make 
it prospective instead of retro-active. I voted steadily against the Ordi- 
nance annulling all contracts for the purchase of slaves, and I voted upon 
the principle simply that I believed we had no right to impair the obli- 
gation of a contract. I beheve all we have a right to do is to look 
forward. We must leave the past and look forward to the future in our 



CONSTITUTIONAL CONVENTION. 385 

actloii upon these matters. I trust this question will be decided by this 
Convention, and such a decision made here that the people of this Com- 
monwealth shall see we intend not only to frame a new Constitution 
under which tbe people may live, but to frame it exactly in accordance 
with the Constitution of the United States. I hope we shall take no 
action we shall regret in the future. With ihese explanations, I believe 
I have i^et myself right before this bodj'. When I offered my amend- 
ment, I had no idea of presenting any proposition that would make the 
measure retrospective. I, therefore, will vote against my own amend- 
ment, and hope the section will pass as it now is in the Bill of Uights. 

The question was then taken on the amendment offered by the dele- 
gate from Colleton (Mr. CEAIG), and the amendment was not agreed to 

The next question taken, was upon the motion of the Chairman of the 
Committee to strikeout all after the word "sale," and insert "except 
for the payment of such obligations as is provided for in this Constitu- 
tion," which was agreed to. 

The question was then taken on the section as amended, and it passed 
to a third reading. 

Section 22. No bill of attainder, ex j^ost facto law, nor any law impair- 
ing the obligation of contracts, shall ever be enacted ; and no conviction 
shall work corruption of blood or forfeiture of estate. 

Mr. J. J. WRIGHT moved to strike out the words " nor any law 
impairing the obligation of contracts." 

Mr. E.,,H. CAIN. I hope those words will not be stricken out. I 
think we will find that provision one of the bulwarks of the Constitution 
of the United States, as well as of aiost other States. We should not 
strike out such landmarks which have guided our country so long. 

Mr. B. 0. DUNCAN. I hope the words will not be stricken out. 

Mr. C. C. BOWEN. I am not in favor of striking those words out 
altogether. I would amend by saying, " except certain contracts." I 
certainly think the hands of the Legislature ought not to be tied at this 
stage of our proceedings. A contract maj have been made partly on a 
confederate basis. It is nevertheless a contract. If you tie the hands 
of the Legislature, parties may go into Court and insist on the fulfillment 
of contracts entered into on a Confederate basis, between the .19th day 
of December, 1860, and the 1st day of June 1865. I would leave the 
Legislature free to act in regard to these contracts. 

Mr. F. L. CAEDOZO. I hope the words will not be stricken out. 

Mr. J. J. WTHGHT. I accept the amendment offered by my friend 
from Charleston (Mr. BOWEN), " except contracts entered into between 
the 19th of December, 1860, and the Ist of June, 1865." 
42 



336 PKUUEEDINGS OF THE 

Mr. J. M. RUTL.iND. It seeais to m3 we are doing unaecessary 
work in attempting to alter anything in the Constitution of the United 
States on this subject. The language used here is in the identical lan- 
guage of the Constitution of the United States, and I cai'e not what may 
be the decisi jn of the Convention, that will be the law of the land. I 
do not see why any motion should be entertained for one moment to en- 
courage the idea that this Convention is in favor of impairing the obli- 
gation of contracts. I hope all our action will be in conformity to the 
Constitution of the United States. The language in that instrunent is. 
plain and palpable. If we attempt to ignore that we may roam 
where we please, but it will surely be a waste of time to undertake to 
pass any act or ordinance in contravention of the Constitution of the 
United States. I hope the section will pass as it stand.i, and move the 
indefinite postponement of the amendment. 

The motion was agreed to, and the twenty-^coad section passed to a 
third reading. 

Section twenty-third was read as follows : 

SECrroN 23. Treason against the State shall consist in levying war 
against the same, or in adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act or on confession in open 
Court. 

Mr. E. W. M. MACKEY. I move to strike out this section altogether. 
It seems to me absurd to speak of treason against the State. I regard 
it as impossible to commit treason against South Carolina. A citizen of 
this State ca,n commit treason against the United States, but he never can 
be guilty of treason towards South Carolina or any other State. Trea- 
son can only be committed against a sovereign power, and for this Con. 
vention to incorporate in the Constitution a section defining treason 
against the State, would be equivalent to admitting the treasonable 
doctrine of State sovereignty and States rights, a poUtical heresy which 
has already cost the nation thousands of lives and millions of dollars. 

This section reads, "Treason against the State shall consist in levying 
war again-^t the same, or in adhering to its enemies, giving them aid 
and comfort." According to this doctrine, all the citizens of this State, 
who, during the late rebellion, adhered to the Union and aided and 
abetted Union soldiers in levying war against the State, were guilty of 
treason against South Carolina, and every Carolinian in this Convention 
must be a traitor. I regard it just as impossible to commit treason 
against a State !S to coirimit treason against a city or a county. Chan- 



CONSTITUTIONAL CONVENTION. S27 

■cellor Kent has said " levying war against one State is a levying of war 
against all in their federal capacity, and is a crime belonging exclusively 
to the Federal Government." A citizen of this State can only commit 
treason against the United States, to which he owes his paramount, and, 
in fact, only allegiance. It is impossible to commit treason against any 
portion of the United States, much leas against a thirty-sixth part of it. 
As allegiance is due to the General Government alone, and not to South 
Carolina, how is it possible to commit treason against a power to which 
no allegiance is due. If the constituted authorities of this State were 
again to attempt to wage war, or rebel against the General Government, 
it would be the duty of all loyal Carolinians to levy war against the 
State. But could any of us do this without violating this section of the 
Constitution and commilting treason against South Carolina ? The Con- 
stitution of the United States defines treason as levying war against the 
United States and aiding and abetting its enemies. The section in our 
Constitution proposes to define treason as levying war against South Caro- 
lina. Where would our citizens stand in case of civil war ? To aid 
the United States would be to commit treason against South Carolina, 
and on the other hand to aid South Carolina would be treason against 
the United States. Standing between two fires, the citizens would be 
guilty of treason which ever way they acted . It was this very doctrine, the 
doctrine which admitted that a citizen could corumit treason against a 
State, that dragged thousands of Unionists and ignorant men into the 
rebellion, because they thought that to aid or abet the Union was to com- 
mit treason against South Carolina. As I have already said, treason can 
only be committed against a sovereign power, and there is no gentleman 
in this Convention who will undertake to prove now that a State is sov- 
ereign. It is unnecessary for me to go into any lengthy argument to 
prove that a State is not sovereign and does not possess sovereign powers. 
The war has proved to the most bitter rebels that we are one and not 
thiity-six nations, and therefore, that treason can only be committed 
against the nation itself and nwt against any portion of it. For these 
reasons, Mr. President, I move to strike out the entire clause. 

Mr. R. G. HOLMES. I hope that motion will not prevail. It is cer- 
tainly a correct statement that treason can be committed against a State. 
The gentleman is correct in his theory, that treason can only exist 
against a sovereign, and this is the very rock on which South Carolina 
split before ; that was, if the State was sovereign, the United States are 
not sovereign. That is not the case. The State has sovereign power 
over the inhabitants of the State, and the Federal Government is sover- 
eign over the inhabitants of the State. The State is sovereign over her 



338 PEOCEEDINGS OF THE 

citizens in her sovereign capacities. The principle, I think, therefore, is 
correct, and I hope the section will pass. 

The question was taken on the motion to strike out the section, and 
the motion was not agreed to. 

Mr. N. G. PARKER. I propose the following- amendment : To insert 
the words " United States" in lieu of " State." 

Mr. B. 0. DUNCAN. I voted in the majoritj^ and therefore move to 
reconsider the vote by which the section was adopted. 

The motion was agreed to 

Mr. G. C. BOWEN. I desire to ask the members who seem to think 
treason can be committed against a State, in what tribunal outside of the 
United States Court could such a case be tried. I am satisfied treason 
can only be committed against the United States G overnment ; or, in 
other words, if it is ■committed aga-nst the State, it must be against the 
United States. I wish to know in what tribunal a man would be tried 
if he is charged with committing treason against South Carolina. 

Mr. F. L. CARDOZO. If I understand treason correctly it is against 
a sovereign power. South Carolina is a subordinate power. If a sover- 
eign power calls upon you to obey, and the subordinate power declares 
you shall not, which one are you to obey ? I think there can be no 
treason against a subordinate power, but only against the supreme and 
sovereign power. The Constitution of the United States provides " that 
treason shall consist in the levj'ing of war against the United States,'' 
therefore any obedience to a State law in opposition to that will be a 
violation of the supreme law. No State has a right to set itself up as 
supreme. Thep^ can be no treason then except against. a supreme para- 
mount power. If we adopt this section, it will be assuming sovereign 
power, the very cause of all the war and all the troubles of the country. 

Mr. R. B. ELLIOTT. I ntif.ve the following amendment: "Treason 
in this State shall consist in levying war again.st the United States or in 
adhering to its enemies, giving them aid and comfort." 

Mr. CARDOZO. There is no necessity for that amendment. The 
United States has already provided for that. 

Mr. R. H. CAIN. We have already said in the first article (section 
fourth), that "every citizen owes paramount allegiance to the Government 
of the United States, and no law or Ordinance in contravention or sub- 
version thereof can have any binding force." Gentlemen say no treason 
can be committed against a State, yet in moat of the States a similar pro- 
vision is inserted in their Constitutions. The hypothesis of the gentle- 
men is that we can only commit treason against the United States. I 
tim not a lawyer, and possibly do not understand the question, but it 



CONSTITUTIONAL CONVENTION. 329 

does appear to me if the State passes laws, and those laws are in har- 
mony with the Constitution of the United States, any act which any citi- 
zen may do against the State is clearly an act against the United States- 
Mr. J. M. RUTLAND. I presume no man in this Convention would 
be more opposed to introducing anything into this Constitution that would 
hereafter recognize anything like secession or nullification than myself 
I hope no clause will ever be inti'oduced that will countenance or 
sanction those measures. But so far as this particular clause is con- 
cerned, while I care nothing about it, I am inclined to think it may well 
remain and have its proper consideration. I do think there is such a 
thing as treason agamst the State of South Carolina, notwithstanding we 
owe paramount allegiance to the Constitution of the United States. 
Levying war against the State of South Carolma, as properly said, is 
levying war against the United States. I do not think it necessary to 
waste time upon a point like this, but the State certainly does retain 
some attributes of sovereignty. I cannot, however, like Mr. Calhoun, 
contend that sovereignty is one and indivisible. Sovereignty is divisible. 
We have an illustration of this fact. The Government of the United 
States has the highest attributes of sovereignty 5 the right to declare 
war, make peace, lay duties and imposts, and collect them, all of which 
are the highest attributes of sovereignty, higher than those which re- 
main to the State; but South Carolina has still some of those attributes. 
She has the right, under certain circumstances, to dispose of the lives of 
its citizens, their Uberties and their property. 

Mr. C. G. BOWEN. Before what tribunal would you try a man for 
committing treason against the State ? 

Mr. J. M. RUTLAND. That would be a matter of indifference to 
me. I think John Brown was tried in a State Court. 

Mr. C. C. BOWEN. Was not John Brown tried for creating insur- 
rection ? 

Mr. J. M. RUTLAND. I think for treason. In my opinion the State 
retains some of the riglits of sovereignty. If disposing of a man's life, 
property' and liberty are not attributes of sovereignty, I do not know 
what are. South Carolina most assuredly has the right to do some of 
these tilings. But I would repeat that I acknowledge paramount alle- 
giance to the Constitution of the United, States, and only secondary alle- 
giance to South Carolina. I believe treason against the State to be trea- 
son against the General Government ; I would let the section stand as 
it is. 

Mr. R. H. CAIN. I would like to ask, first, can a citizen of a State 
levy war against a State ; and, secondly, can a citizen give aid to the 
State ? 



330 PROCEEDINGS OF THE 

Mr. E. W. M. MACKEY. I will answer that in the words of Chan- 
cellor Kent, " levying war against one ^State is levying war against all 
in their federal capacity, and is a crime to be puaished exclusively by 
the Federal Government." 

Mr. W. J. WHIPPER. The section now in question in the first 
place defines treason as levying war against the State. This I agree 
with the gentleman from Charleston is wrong. There is no such thing 
as levying war against the State of South Carolina, and the same may 
be said of the sentiment "in adheiing to its enemies, giving them aid 
and comfort." This provision would have been invaluable had it been 
passed as inserted in the Constitution of South Carolina, while the State 
was out of the Union, when tlie authorities of the State were very desi- 
rous of punishing Union men who adhered, and gave food and drink to 
Union soldiers. Then this provision would have been of invaluable 
service. Every man who fed a Union soldier, or comforted any man 
who did not agree as to the doctrine of States Rights, would have been 
an object of prosecution had this provision existed at that time. Had 
that law existed at that tiaie, our worohy President might have been 
hung under it, and the very be.^t men whom we most love "and honor 
would have been victims. The very fact that it would have been an 
instrument in the hands of bad men at one time is sufficient to induce 
us to vote it down. It is not impossible that the State of South Carolina 
may attempt to secede again ; not impossible that other States may 
attempt to secede, and we should not attempt to establish a doctrine that 
will work injury to the Grovernment in such a case. 

Again, it is laid down by Chancellor Kent that levying war against 
a State is levying war against the United States ; that whatever a man 
may do that amounts to treason in a State, is treason against the United 
States. It is not simply a violation of municipal law, but a violation of 
the law of the United States and the supreme law of the land There 
is no tribunal under heaven in which you can try a case of this kind 
save in the Courts of the United States. You cannot go into the coun- 
ty Courts or any other Courts of the State. It is a national oflFence, 
and must be tried by the United States Courts. There is more States 
Riffhts doctrine contained in that section than the most ardent secession- 
ist could desire. I hope it will be stricken out. I am willing to be 
charitable, and presume that the Committee who reported it did it inad- 
vertently. 

Mr. B. F RANDOLPH. Suppose the Federal Government passes a 
law and the majority of the people in this State favor that law ; suppose 
there are thousands of men opposed to that law, and they attempt to 



CONSTITUTIONAL CONVENTION. 331 

<jppose the laws of the State in the event of the majority attempting to 
carry out the law of the United States by making it also a State law. I 
want to know what they would consider that. I know in the State of 
Ohio, when the fugitive slave law of the United States was attempted tu 
be executed, when the slave hunters came to recapture a fugitive, two 
thousand men were supposed to be in readiness to execute the law of the 
United States, and at the same time put down the State law, for thei-e 
we had a law making every man a freeman brought there by his master. 
That fugitive slave was carried there by his master. 

Now these men were engaged in sustaining the Federal Government 
ano putting down the laws of the State. They would have gone to Co- 
lumbus, the capital of the State, thrown out the Government and taken 
possession. Now I want to know if a tbousand men were to go to 
Columbia and attempt to slay the Governor and overthrow the State 
government, if that is not treason against the State — if it is not, then 
there is no such thing as treason at all. 

Mr. R. C. DeLAEGE. I trust the section will be stricken out. If 
the Constitution of the United States is the supreme law of the land, 
which I claim it is, then there is no necessity for the insertion of this 
provision here. The Constitution of the United States defines treason to 
be levying war or giving aid and comfort to the enemies of the general 
government. If the allegiance of the citizen of the State is due to the 
Government of the United States, and is paramount to that due by him 
to the Statp, then I cannot see how the citizen of any State can commit 
treason against that State without committing treason against the Gen- 
eral Government; and if it is treason against tbe.General Government, it 
is not treason against the State. From the statement of my legal friends, 
I feel confident no citizen can levy war against a State without levying 
war against the General Government. Allusion has been made by my 
friend from Fairfield (Mr. RUTLAND) to the hanging of John Brown. 
Let me say that John Brown was hung for insurrection, and if a number of 
citizens of the State had to do what my learned friend from Orangeburg 
(Mr. RANDOLPH) says they might do, it would be an insurrection, and 
thej' could be tried and hung for it just as John Brown was. I see no ne- 
cessity for this provision. If anything was settled by the late contest, it 
was that the paramount allegiance of the citizen is due to the General 
Government and not to the State. It is not unlikely that Sbuth Caro- 
lina, along with some of her sister States, may attempt to secede from 
the Federal Union, and attempting reconstruction now on a firm basis, 
we should place no clause in the Constitution that may be construed by 
lawyers in favor of States Rights. Some gentleman may attempt to 



¥ 



332 PROCEEDINGS OF THE 

show that liberty-lovins^ Massachusetts has the same provision in her 
Oonstitutioi) ; but I believe even Massachusetts has more of the doctrine 
of States Eights in her Constitution than any State in this Union. But 
I trust if other States have committed the error to suppose that a citizen, 
can commit treason against a State, that the State of South Carolina will 
declare to the people of the world that the allegiance due by them to 'he 
Federal Government is paramount to the allegiance due to the State. 

Mr. E. G. HOLMES. We all admit that treason cannot exist against- 
a State, but we all maintain that the State has the sovereig-n powei'to> 
make laws for themselves. It is argued that the laws made by the 
Legislature may not be obeyed. If not, they must be enforced by the 
military, and if they are resisted, it is treason. If the State cannot en- 
forct^ her laws, she may call upon the General Government. I see no 
reason why the section should not be passed as it is. 

Mr. J. J. WRIGHT. I think sufficient has been said to convince 
members that the clause befcjre us is certainly unnecessary. I do not 
come here to follow the Constitutions of the States of North Carolina. 
Pennsylvania, Massachusetts or Georgia. We are to make a Constitu- 
tion to suit affairs in So^ith Carolina. That is our bounden and impera- 
tive duty. If any other States have committed a blunder it should serve 
only as a warning for us. One gentleman asks the question, if one or 
more persons should convene together in tbo State of South Carolina, 
could they conimit treason against the State. In answer to that, I say they 
can. Treason consists in levying war. Persons levying war, for instance? 
In the State of South Carolina, levies war against the United States, and 
it is the bounden duty of the other States, as members of the Union, to 
put that treason -down. When South Carolina seceded, by the act she 
levied war against every State in the Union ; against Massachusetts, 
against Pennsylvania, against New York, and all the other States, and 
it was the duty of all the other States to rall}'^ their forces and put it 
down. The very fact that it is impossible for a State to punish treason 
is certainly prima facie evidence that the framers of the Constitution did 
not intend that treason should be levied against the State in such a man- 
ner as to give the State the right to punish it. If the State of South 
Carolina haw the right to punish treason, it is certain that the offenders 
liable to be punished by the State would also be liable to be punished 
by the United States. 

Mr. L. S. LANGLEY. When South Carolina seceded and committed 
treason against Massachusetts and other States, did she commit treason 
against herself? 

Mr. J. J. WEIGHT. As I have already said when any State levies 



CONSTITUTIONAL CONVENTION. 333 

war against a portion of her own State, or against any other State, she 
has committed treason against every State in the Union, and against 
every person in the State, inasmuch as she aims a dagger to knock out 
tie great prop that protects her rights and privihges. 

Mr. J. M. RUTLAND. Suppose there was no law of Congress which 
had any bearing on this point, and within the limits of South CaroUna a 
party should organize themselves for the purpose of overthrowing the 
party holding the government in South Carolina, and suppose they 
should attempt to dethrone the authorities and take possession of the 
government upon the ground that they were not administering the gov- 
ernment honestly, and were actually to commit overt acts, could any of 
the Courts of South Carolina arrest them for treason ? 

Mr. J. J. WEIGHT. The Courts of South Carolina are capable of 
attempting anything But if the persons of whom he speaks levied war 
against the party in power, they could be arrested by any power or 
authority in the State, but I deny that they could be tried by any tribu- 
nal in the State. They must be tried by the United States Court. I 
will cite the case of John Brown. He was tried by ^he State Court of 
Virginia, not for treason, but for insurrection. If I were to gather a 
dozen men here to clean out this r^^om it would be insurrection. 

Mr. B. F. WHITTEMOBE. Does not insurrection mean sedition or 
rebellion, and is not that treason ? 

Mr. J. J. WRIGHT. Insurrection as I understand it does not mean 
sedition. Insurrection consists in the getting up of a mob in such a way as 
to excite the people around them to gain a certain object. For instance, a 
certain class go to work to excite the minds of people against another 
portion of the people, so that this people would believe the other portion 
had encroached on their rights, and they would be so excited as to lay hold 
of arms, get hundreds together and commit ovitrages upon that people ; 
that I understand to be treason, and the ring leaders would be liable to 
be tried and punished for treason. I desire that we should show to the 
world we intend to frame our Constitution in accordance with the civili- 
zation of the age which shall protect the entire people in their rights and 
privileges. 

Mr. L. S. LANGLEY. It seems to me that the word treason is to be 
received and is used with a limited meaning. I believe we are all here 
good Repubhcans, and I believe it is the principle of the great party 
that now rules the destinies of the nation, and will rule this State, that 
no State can go out of the Union. If no State can possibly go out of 
the Union, I would ask when South Carolina seceded, did she not, in 
committing treason against the Federal Government and the other States, 
43 



334 PROCEEDIN(tS OF THE 

commit ti'eason againsit herself? I think it necessarily follows ; and if she 
committed treason against herself as well as against the United States, 
what objection can there be to having treason defined in this section of 
our (^jnstitution ? If we go upon tho principle of striking out because 
it is alreai^y defined in the Constitution of the United States, we may as 
well strike out section one of the Bill of Eights, because it is similar to 
another section in that instrument. 

Mr. B. F. WHITTEMOEE. I remember, in my boyhood, of what 
was considered in Ehode Island not only an insurrection, but an act of 
treason committed by Governor Dorr, so-called. I remember truops 
fi-om Massachusetts went upon the border line, and recollect also that the 
United States soldiers were called upon. It was never defined in any 
waj' but as th'' treason of Dorr and Dorr's insurrection. I have looked 
into Webster, which sayfc insurrection is equivalent to sedition, and that 
sedition is equivalent to rebellion. Suppose Con;:ress should pass further 
reconstruction acts and declare that no legitimate government exists in 
South Carolina except the Constitutional Convention, and it should 
devolve upon th§ Convention to take the government into our hands. 
Suppose the people of South Carolina should rise in revolt, rebellion or 
treason ; I would like to a.sk whether they are not in rebellion and insur- 
rection, and committing treason against the only existing State authority 
here I know there is a fear uptm the minds of some gentlemen here 
that if we give sanction to thi.s section in the Bill of Rights, we are our- 
selves placed in a peculiar position, namely, that the State of Soutb. Caro- 
lina does not acknowledge we are a legal body. I believe the Gover- 
nor does as long as the reconstruction acts are not declared unconstitu- 
tional by the Supreme Court. As long as the Supreme Court does not 
declare us illegal he is not disposed to question rlie legality of this Con- 
vention. Some here, under these apprehensions, believe if we pass this 
section we immediately acknowledge we are traitors, and that we can be 
arrested, from the President to the most silent members of this body. 
Now, we have nothing to do with the past. We are here for the pur- 
pose of making a government for- the people in the future, and when 
this Constitution shall have been passed upon by the people, and it be- 
comes law, it appears to me if the people who look upon us as an illegal 
body should attempt to overthrow it and wage war, they are committing 
treason against the only acknowledged authority in the State, and 
should be punished for treason accordingly. In this view of the etfect of 
the section I cannot see why we should erase it from the Bill of Eights. 

Mr. R. F. EANDOLPH. This seems to me to be a question of words. 
It is evident to every member of tlie Convention that there is such a 



CONSTITUTIONAL CONVENTION. 335 

thing as a State rising in rebellion or insurrection against the regularly 
constituted laws of the State. For instance, a thousand men may go to 
Columbia armed, and those thousand men, in attempting to change or 
overthrow the Government of the State, would be guilty of insurrection 
and rebellion against the people of the State. If the loyal people could 
catch these thousand men they would try them all, and hang them as 
high as Haman. We woujd not apply to the United States Courts to 
try those men. 

I move to amend the section ;0 as to read, "Treason against the State 
shall eontsist in levying war, and no person shall be convicted of rebel- 
lion," so that when any number ol men attempt to overthrow the State 
Government, they can be punished by the laws of the State. 

Mr. C. C. BO WEN. The gentleman from Darlington (Mr. WHIT- 
TEMOEE) has referred to the case of Dorr's rebellion. I would like to 
know whether he was tried for treason or rebellion, or whether he was 
tried for tiny offence. 

Mr. B. F. WHITTEMORE. I am not able to say what the trial was, 
but he was tried and imprisoned in Rhode Island. 

Mr. C C. BOWEN. Governor Dorr was imprisoned in jail, and they 
opened the doors and let him out. Tbey did not dare go to a trial for 
treason, for the reason that che United States Government would not 
step in and pro.secute, and the State Court could not do it. 

Mr. B. F. WaiTTEMORE. Where was John Brown tried. 

Mr. C. BOWEN. John Brown wa.s tried in the State Court of 
Virginia for insurrection. If he had been tried in the United States 
Court, he would have been pardoned. An appeal was made on the 
ground that it was within the jurisdiction of the United States. This 
■was denied, and it was chdmed that the United States Supreme Court 
had decided in a similar case that the Courts of Virginia had exclusive 
jurisdiction ; that John Brown was not indicted for treason, but for creat- 
ing an insurrection within the limits of Virginia. Upon that indictment 
he was found guilty and exectited. It is upon such a section as this in 
the several Constitutions of the State, that the people heretofore have 
claimed the right to go against the Government, and it was upon this 
that the people were advised in going for the State they were nbt guilty 
of treason. If any future offender is acquitted, it will be upon that plea. 
I hope the entire section will be stricken out. 

Mr. G.' PILLSBURY. I am sorry to see .so much feeling on this 
question. This section has certainly one virtue which many enactments 
of rights do not possess, and that is, it can do no harm. The main argu- 



336 PROCEEDINGS OF THE 

ment used against it is that it is provided for in the Constitution of the 
United States. Many other things are enumerated in our Bill of Eights 
which are guaranteed in the Constitution of the United States, and which 
we do not deem improper to reiterate and place in the Declaration of 
Eights for this State. I opine that the law-givers in this State for the 
last twenty years, have not very particularly studied the Constitution of 
the United States. 'I fancy they might have lost their spectacles for the 
last twenty years, as the pretended pious old lady lost hers when the 
Bible was offered her to read. She had not seen her spectacles for 
twenty years. If, as heretofore, the people will again begin and conde- 
scend to make our Constitution their Bible, I wish every time they open 
on that Bill of Eights, every section of it would say to them, "Death to 
traitors." I deem it perfectly proper that this section should be inserted. 

Mr. J. S. CEAIG. It has been already settled there can be no such 
thing as levying war against a State. The Constitution of the United 
States provides that in case of insurrection, which the civil government 
cannot quell, the State can call upon the General Government to put it 
down. But it is not treason against the State. It is impossible to sepa- 
rate the State as one of the branches of the General Government. 

The question recurring on strikingwout the section, Mr. BOWEN moved 
a call of the house. 

Mr. F. L. CAEDOZO called for the yeas and nays on the main ques- 
tion. 

Before proceeding to the call of the yeas and nays, the hour of three 
having arrived, the Convention adjourned. 



CONSTITUTIONAL CONVENTION. 33T 

Tuesday, February II,- 1868. 

The Convention assembled at half-past 10 A. M., and was called to 
order by the PRESIDENT. 

Prayer was offered by the Eev. JOS. H. EAINEY. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of Monday was read and approved. 

Mr. S. G. W. DILL offered a resolution authorizing the President of 
the Convention to request General Canby to draw from the State Treas- 
ury a sufficient amount of bills receivable to pay the members the 
amount of their mileage on Saturday next, at o P. M. 

Mr. P. C. DeLAEGE moved to lay the motion on the table, which 
was agreed to. 

Mr. J. J. WEIGHT moved to take up the unfinished business of yes- 
terday, which was carried. 

The PEESIDENT announced the unfinished business to be the call 
of the yeas and nays on the question of striking out the twenty-third 
section of the Bill of Eights, which reads as follows : 

*' Section 23d. Treason against the State shall consist in levying war 
against the same, or in adhering to its enemies, giving them aid and 
comfort ; no person shall be convicted of treason, unless on the testi- 
mony of two witnesses to the same overt act, or on confession in open 
Court." 

Mr. B. F. WHITTEMOEE moved to suspend the calling of the yeas 
and nays. 

Mr. F. L. CAEDOZO hoped not, as there had already been sufficient 
discussion on the subject. 

Mr. B. F. WHITTEMOEE said that there had been a great deal of 
caucussing on this matter since adjournment. He had no desire to re- 
tain in the Bill of Eights anything detrimental to the people of the State, 
but he thought arguments could be brought forward to show that the 
people of the State could not be injured by the introduction and reten- 
tion of this clause. 

The PEESIDENT stated all debate after the call for yeas and nays 
was out of order. 

The yeas and nays were then taken, and resulted as follows : 

Yeas. — The President; Messrs. Alexander, Arnim, Becker, Bell, 



33§ PROCEEDINGS OF THE 

Bowen Bonum, Burton, Brockenton, Bryce, Byas. E. J. Cain, Camp^ 
Cardozo, Collins, Corley, Craig, Darriugton, DeLarge, Dickson, Dogan, 
Driffle, Foster, Gentry, Goss, Gray, Harris, J. N. Hayne, H. E. Hayne, 
Henderson, Hunahird, Hunter, Hurley, Jackson, Jacobs, Jervey, Wm. 
B. Johnson, J. W. Johnson, Dr. L. B. Juhnson, Joiner, Henry Jones, 
Geo. Lee, Samuel Lee, Lomax, Leslie, E. W. M. Mackey, Mauldin, W. 
J. McKinlay, Wm. McKinlay, Miller, Milford. F. J. Moses, Jr., Nance, 
Newell, Neckles, Owens, Parker, Perry, Rainey, Eansier, Richmond, 
Rivers, Robertson, Rose, Runion, Sanders, Sasportas, Shrewsbury, 
Stubbs, Swaiis, Thomas, Augustus Thompson, Benj. Thompson, Yiney, 
Webb, VVhite, Williamson, Chas. M. Wilder, Wingo, Wright — 80. 

Nays. — Chamberlain, Chestnut, Clinton, Davis, Dill, Duncan, H. D. 
Edwards, Holmes, Jenks, Jillson, Samuel Johnson, Wm. E. Johnston, 
Charles Jones, Lamb, Langiey, McDaniels, Mead, Nash, Nelson, Neagle, 
Pillsbury, Randolph, Rutland, S. B. Thompson, Whittemore, Francis E. 
Wilder— 26. 

Absent. — Allen, Boozer, R. H. Cain, Coghlan, Cooke, Crews, Donald- 
son, Elliott, Chas. D. Hayne, Mayer, Middleton, Olsen, Smalls, Whipper, 
Wooley — 15. 

Mr. N. G. PARKER, Chairman of the Finance Committee, stated 
that it was well known to the members that the money ($30,000) to pay 
their per diem had arrived, and they also knew in what manner it was 
to be received and paid out. He, therefore, moved that the house do 
now adjourn to attend to that business. 

On the motion being put, it was not agreed to. 

Mr. E. W. M. MACKEY moved that when the house adjourn, it ad- 
journ a^ half-past twelve o'clock. • 

Mr. N. G. PARKER moved to amend b}^ making it half-past eleven 
o'clock. 

The question then being taken on the original motion, it was lost, and 
the amendment adopted. 

The Convention then adjourned. 



CONSTITUTIONAL CONVENTION. 339 

Wesliiesday, February 12, 1S68. 

The Convention assemhled at 10 A. M., and was called to order by 
the PRESIDENT. 

Prayer was offered by the Eev. B. F. WHITTEMORE. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced a quorum present and the Convention ready 
to proceed to business. 

The Journal was read and approved. 

The PRESIDENT laid before the Convention a communication from 
the Georgia Constitutional Convention praying Congress for a loan of 
Thii'ty Million Dollars for the relief of destitution and suffering among 
the people of the States now in course of reconstruction, and recommend- 
ing that the several Conventions in session join in the petition to Con- 
gress for said loan. 

On motion of Mr. B. F. WHITTEMORE the communication was 
referred to the Committee on Petitions. 

Mr. N. G. PARKER moved that in the absence of Mr. L. BOOZER, 
who was likely to be away for the balance of the session, a Chairman be 
appointed to the Committee on Miscellaneous Provisions of the Constitu- 
tion. 

Mr. J. J. WRIGHT thought no such necessity existed, as the next 
member on the Committee would properly occupy the place of the ab- 
sent Chairman. 

Mr. E. W. M. MACKEY moved to lay the motion on the table, which 
was agreed to. 

The Convention resumed the consideration of the Bill of Rights. 

Section twenty- four was road as follows: 

All persons have a right to be secure from unreasonable searches or 
seizure of their persons, houses, papers or possessions. All warrants 
therefore are contrary to this right if the cause or foundation of them 
be not previously supported by affirmation or oath, and if the order in 
the warrant to a civil officer, to make search in suspected places, or to 
arrest one or more suspected person, or to seize their property, be not 
accompanied with a special designation of the persons or objects of 
search, arrest or seizure ; and no warrant shall be issued but in cases 
and with the formalities prescribed by the laws. 

Mr. J. D. BELL, of Beaufort, moved to amend after the word warrant 
as ioUows : " shall be supported by affirmation or oath, and the order in 



340 PROCEEDINGS OF THE 

the warrant to a civil officer to make search in suspected places, or to 
arrest one or more suspected persons, or to seize their property, shall be 
accompanied with." The amendment was agreed to 

The section as amended was then passed to its third reading. 

Section twenty-five was then read as follows : 

Private property shall not be taken or applied for public use, or for 
the usa of corporations, other than municipal or for private use, without 
the consent of the owner and a just compensation being made therefor ; 
Provided, however, that layvs may be m ide securing to per.sons or corpora- 
tions the right of way over the lands of either persons or corporations, 
and for works of internal improvement the right to establish depots, 
stations, turnouts, etc., but a just compensation, in all cases, shall be 
first made to the owner. 

Mr. J. J. WRIGHT moved to strike out the word '"and" before a just 
compensation, and insert "or", which was agreed to. 

Mr. A. 0. RICHMOND moved to strike out the words " other than 
municipal," which was agreed to, and the section passed as amended to 
its third reading. 

Section twenty-six received its second reading as follows : 

The power of suspending the laws, or the execution of the laws, 
ought never to be exercised but by the Legislature, or by authority 
derived from it ; to be exercised in such particular cases only as the 
Legislature may expressly provide for. 

Mr. E. W. M. MACKEY moved to strike out this section, which was 
not agreed to. 

The section then passed t,o its third reading. 

Section twenty seven was read a second time as follows : 

No person shall, in any case, be subject to law martial, or to 
any pains or penalties by virtue of that law, except those employed 
in the army or navy, and except the militia in actual service, but by 
authority of the Legislature. 

Messrs. B. 0. DUNCAN, N. G. PAEKER and L. S. LANGLEY of- 
fered several verbal amendments which were not agreed to. 

Mr. C. C. BOWEN moved a substitute for the section which was 
rejected, and the section was then passed to its third reading. 

Section twenty-eighth received its second reading as follows : 

In the government of this Commonwealth, the Legislative Depart- 
ment shall never exercise the executive and judicial powers, or either of 
them ; the executive shall never exercise the legislative and judicial 



CONSTITUTIONAL CONVENTION. 341 



ur' 



powers, or either of them ; the judicial shall never exercise the legisla- 
tive and executive powers, or either of them, to the end it may be a 
government of laws and not of men. 

Mr. B. F. WHITTEMOEE offered the following amendment in lieu of 
the entire section after the word " Legislative." in the first line, viz : 

The legislative, executive and judicial powers of the Government 
shall be forever separate and distinct from each other, and no person or 
persons exercising the functions of one of said departments shall assume 
or discharge the duties of any other. 

Mr. C. C. BOWEN moved to strike out the entire section, which was 
not agreed to. 

Mr. F. L. CAEDOZO offered a verbal amendment, which Mr. SAS- 
POETAS moved to lay on the table. 

The motion was agreed to, and the section passed to its third read- 
ing. 

Section twenty-ninth was read as follows : 

Section 29. The Legislature ought frequentl}^ to assemble for the re- 
dress of grievances — for correcting, strengthening and confirming the 
laws, and for making new laws as the common good may require. 

Mr. F. L. CAEDOZO moved to substitute the word " shall " in place 
of the word "ought" after the word "Legislature." 

Mr. J. J. WEIGHT moved to strike out the words " for correcting, 
strengthening and confirming the laws," which was agreed to. 

Messrs. HOLMES and PILLSBUEY moved to strike out the whole 
section, which was not agreed to. 

Messrs. JILLSON, GEO. LEE and COELEY offered various verbal 
amendments, which were not agreed to. 

Mr. F. J. MOSES, Jr., moved to strike out the word "ought" and 
insert the word " shall " after the word " Legislature," which was agreed 
to, and the section passed to its third reading. 

Section thirtieth received its second reading, as follows : 

Section 30. The people have a right to keep and bear arms for the 
common defence. As in times of peace, armies are dangerous to liberty, 
they shall not be maintained without the consent of the Legislature. The 
military power shall always be held in exact subordination to the civil 
authority and be governed by it. 

Messrs DUNCAN, HOLMES and EANSIEE offered some verbal 
amendments, which were all indefinitely postponed. 
44 



342 PROCEEDINGS OF THjl 

Mr. J. J. WEIGHT. Mr. President and gentlemen, a great deal 
has >)een said here to convince us that the civil authorities should be 
held in subordination to the military, and be governed b}' it. Those who 
advocate that doctrine have utterly failed to produce an argument in its 
favor, because they had no foundation to build upon. The clause is right 
as it is, and I hope will pass as it is. One gentleman who has spoken, 
stated that to preserve true hberty, the civil authorities should be gov- 
erned by the military. I shall not lay down any proposition that I can 
not prove. True liberty only exists in a Republican form of government, 
and a Republican form of government is one in which the people, by 
their votes, choose their own rulers. The President of the United States 
is chosen by the people, and his office is the highest in their gift ; and 
by virtue of that office, he is Commander-in-Chief of the army and navy of 
the United States. Hence, the subordination of the military to the civil 
authorities. If the military authority were superior to the civil, then the 
military should make" laws for the government of the civil. What power 
is it that declares war, raises and supports armies, provides and main- 
tains the navy, makes rults and regulations for the government of the 
land and naval forces, provides for calling forth the militia to execute 
the laws, and the organizing, arming and disciplining the militia ? Every 
one within the sound of my voice can unhesitatingly respond, that that 
power is civil and not military. There is no real liberty to be found 
under a despotic government ; and a military form of government cannot 
be otherwise than despotic. Orders are issued one day and revoked the 
next. They are enforced, whether right or wrong, at the point of the 
bayonet. The gentleman whom I have alluded to, said that military 
orders were law. I differ with him. There is no foundation for such an 
opinion. It is true, that the military orders have the force of law while 
the music is playing, but the orders, like dancers, stop with the music. 
I would ask the gentleman where are the multitude of military orders 
that were issued during the revolutionary war ? I will answer for him 
by saying, that they have passed away with the occasion that called them 
into existence. Look, for a moment, at Abraham Lincoln's proclama- 
tion of freedom, and General Sherman's special field order No. 40 ; neither 
of them had any validity after the bayonet was withdrawn ; neither would 
they now, had not the civil authorities given them their sanction. 
. Mr. President and gentlemen, when you make the civil authorities 
subordinate to the military, then it is that you destroy the right of trial 
by jury, and barter away the liberties of the people. 

Mr. B. F. RANDOLPH. I heartily concur with the gentleman who 
ha? just taken his seat. I would like to ask the question where and 



CONSTITUTIONAL CONVENTION. 343 

how, even in time of war, the military force of the Sfate should be under 
the control of other than the civil authority. I would like to know whether 
the Constitution we are novv framing will have a provision in it that in 
time of war the Governor should control the forces of the State. I un- 
derstand we are framing a Constitution to control the local affairs of the 
State, and no further We cannot look beyond the limits of the State. 
I hope the military force of the State will always be under the command 
of the Governor. 

Mr. A. J. EANSIER. I move to strike out the entire section, and 
substitute the following : " The people shall always have a right to keep 
and bear arms in the common defence, but the military power shall 
always be held subject to the civil power, except ia times of war and 
public danger." 

Mr. B. F. WHITTEMOEE. I would like to ask the gentleman what 
he proposes to do with the military power except in times of war and 
public danger, whether they shall be under the command of the civil 
authorities, or whether they take commands from no one. It is properly 
placed in the Bill of Rights as it is, under the civil authority. I move 
that the motion of the gentleman from Charleston be indefinitely post- 
poned. 

The motion was agreed to. 

A motion was then made to strike out the last senteiice in the section, 
and insert " the military shall always be held subject and in ooedience 
to the civil authorities.'.' 

Mr. B. 0. DITNCAN. Gentlemen may talk as much as they will 
about the military being subject to the civil authority. It never is and 
never will be the case. If we have a riot or insurrection in any part of 
the State, the Governor then acts in his capacity as Commander-in- Chief. 
The military, under his orders, are in control of affairs for the time, and 
the civil authorities set aside. It is simply nonsense to pass a resolution 
of this kind that cannot be carried out in times of war. 

Mr. B. F. EANDOLPH. The difficulty with the gentleman from 
Newberry is evident. While he admits that the militia force of the 
State is under the control and command of the Governor, he does not 
seem to understand how it is the Governor can use that miHtia to sup- 
press subordinate civil authority. For instance, suppose the civil au- 
thority of Charleston, by some means, should take possession of the 
Government. That would bring one porfioa of the civil authority intq 
conflict with a superior civil authority. In that case, the Governor 
being the superior civil authority, would have the right to use the militia 
to put down the subordinate. He has the right to arrest the Sheriff" or 



344 PROCEEDINGS OF THE 

other otficers if they are not acting in accordance with the laws of the 
State. It is understood, of course, that in case of rebellion of the State 
the strong arm of the United States can step in and proclaim martial 
law. 

Mr. F. L. OARDOZO. I entirely disagree with my friend from New- 
berry, that the military cannot and has not always been held in subordi- 
nation to the ciyil power. It has always been the case in this coun- 
try. Much of the troubles of other countries have arisen from the mili- 
tary power assuming to be supreme over the civil authority. To guard 
against this, a clause was inserted in the Constitution of the United 
States to the effect that the military authority shall always be held in 
exact subordination to the civil. Tlie gentleman says the military in 
times of war will rise superior to the civil. Whenever the military do it, 
they are obeying the authority of the civil powers. 

Mr. L. S.LANGLEY. I move to strike out the word "always," if, 
after the ratification of the present Constitution, it should be found nec- 
essary that the Governor should exercise his powers as commander- in- 
chief of the militia. A man in command of the militia of the State is a 
better judge of what the militia are to do than the civil authorities, and 
in cases of emergency ought to be independent. I move to substitute 
the word "ought" for "always." 

Mr. F. L. CAEDOZO. The Governor in such cases exercises two 
powers — one civil, the other military. 

Mr. L. S. LANGLEY He exercises his rights as Governor, and mil- 
itary powers as commander-in-chief. 

Mr. J. J. WEIGHT. If the civil authority is subordinate to the mili- 
tary, how is it that the Governor calls the military out ? 

Mr. L. S. LANGLEY. He calls the military out by virtue of his 
power as commander-in-chief. 

Mr. J. M. EUTLAND moved the previous question. 

Mr. F. J. MOSES, Jr., called for the yeas and nays. 

The call for the yea,s and nays was sustained, and the roll was called, 
with the following result : 

Ye.vs. — The President, Messrs. Alexander, Bell, Burton, Brockenton, 
Bryce, Camp, Coghlan, Chestnut, Clinton, Corley, Darrington, Davis, 
Dill, Dogan, Donaldson, Edwards, H. E. Hayne, Henderson, Hurley, 
Jackson, Jillson, Sam'l. Johnson, W. B. Johnson, J. W.' Johnson, Dr. L. 
B. Johnson, W. E. Johnston, Charles Jones, Lang, Langley, Lomax, 
Leslie, Mauldin, Milford, Nash, Nelson, Neagle, Newell, Nuckles^ 
Elvers, Eose, Eunion, Eutland, Sanders, Swails, B. A. Thompson, 
White, C. M. Wilder, Wooley— 49. 

Nays.— Messrs. Becker, Bov/un, Bonum, Byas, E. H. Cain, F. J. Cain, 



CONSTITUTIONAL CONVENTION. 345 

'Cardozo, Craig, Del-arge, Dickson, Driffle, Duncan, Elliott, Foster, Goss, 
Gray, Harris, J. H. Hayne, 0. D. Hayne, Holmes, Humbird, Jacobs, 
Jervey, Henry Jones, George Lee, Saml. Lee, E. W. M. Mackey, Mayer, 
W. J. McKinlay, Win. McKinlay, McDaniels, Middleton, Moses, Jr., 
Nance. Olsen, Owens, Parker, Pillsbury, Randolph, Eainey, Richmond, 
Sasportas, Shrewsbury, Smalls, Stubbs, Thomas, S. B. Thompson, A. 
Thompson, Viney, Whittemore, F. E. Wilder, Wingo, Wright — 53. 

ABSEifT* — Messrs. Allen, Arnim, Boozer, Chamberlain, Cooke, Collins, 
Crews, Gentry, Hunter, Jenks, Joiner, Mead, Miller, Perry, Robertson, 
Webb, Whipper, Williamson — 19, 

So the main question was not put. 

Mr. R. H. C.ilN. I hope we will not rush through questions of so 
much moment under the spur of the previous question. The question 
now turns upon whether or not the military power shall be in subordi- 
nation to the civil authorities. My conception of government leads to 
this conviction, that republican governments especially, and in fact 
despotic governments, have for their object the protection of civil liberty, 
and armies and navies are brought into power especially for the purpose 
of maintaining the civil liberties of the people. If I understand the 
Constitution of the United States, the army was originally under the juris- 
diction of the civil authorities, and the existence of the army and navy 
is for the express purpose of maintaining peace, law and government in 
the country, and without that we would have a despotism, with Com- 
manding Generals overturning our State and municipal governments. 
We would have despots throughout the whole country. Therefore it 
was that the great idea was incorporated into the constitutional law of 
this country that all armies and navies are subject to the civil authori- 
ties. Chief Justice Marshall takes this ground when he says that the 
civil authorities must control the military for the safety, peace and per- 
petuit}'^ of the liberties of the people. If we were to admit the hypothe- 
sis that there can be a time when the military are not in subordination 
to the civil, then we have an end to all civil government and the estab- 
lishment of a military despotism. General Grant is General-in-Chief of 
the army, but he is subordinate to the President, who is Commander-in- 
Chief. The President, in his letter to General Grant, claims the right to 
command General Grant as a subordinate, inferior officer. Congress is 
supreme over the President. I think we should retain this section in 
our Bill of Rights, and assert that at all times the army or militia shall 
always be in subordination to the civil authorities. When we admit the 
contrary doctrine, we admit that which is dangerous to our liberties and 
destructive of our best interests. 

Mr. L. S. LANGLEY. Does the gentleman think in case of insur- 



346 PRCKJEEDINGS OF THE 

rection in this State, civil oiRcers who have had no military experience 
whatever, could possibly plan and suppre.ss that insurrection better thaife 
the men who have made military tactics their profession ? 

Mr. CAIN. The Governor of the State is the head of the civil au- 
thority, and the militia and &11 the officers in the government in the 
army department are but servants to the superior civil authority. 

Mr. J. S. CRAIG. Suppose we had an insurrection, and the Governor 
calls out the militia and finds it necessary to suspend the execution o-f 
the civil law for certain reasons in ordnr to arrest parties considered dan 
gerous to the community, cannot a coordinate branch of the govern- 
ment refuse to recognize the charges, and set at liberty those dangerous^ 
chai'acters. If the military in tliat case is subordinate to the civil, the 
Judiciary would set them at liberty as fast as the Governor would arrest. 
You cannot get higher than the Governor. In him are all the power» 
of the civil government. He is, to. use a (;ommon expression, the "top 
shelf," the highest executive authority known to the Constitution, the 
highest civil as well as the highest military officer of the State ; there- 
fore the civil, in that sense, should be subordinate to the militarj' in case 
of insurrection. 

Mr. E. C. DeLARGE. I trust the section will pass in its present 
form. I agree with what my colleague (Mr. CAIN) has said, and I also 
concur with him in his rebuke to tho&o who are di^'posed to rush 
through such important matters as these under the parliamentary dodge 
known as the gag law. 

Mr. C. P. LESLIE. I voted for what ^.he gentleman calls the gag 
law. I wish to ask him if any member has moved tlie previous ques- 
tion mor^ frequently than himself. 

Mr. R. C. DeLARGE. I have failed as yet to move or sustain the 
previous question on any section of the Constitution, and as long as I 
retain any sound sense do not believe I would, but I do not think there 
is anything to fear by the passage of this section as it reads, or that it 
will take any proper authority from the military. My friend froni Beau- 
fort (Mr. L. S. LANGLEY) being a soldier, is naturally jealous of the 
rights of the military. I, perhaps, as a civilian, am as equally jealous 
of the rights of the civil power, and therefore desire to see just such a 
provision in the Constitution. If the civil is made subservient to the 
military or militia as some propose, we wou^ld .see a Major- General of 
militia trying a citizen of this State, at some future day, before a drum 
head court martial. 

Mr. C. C. BOWEN. I find men very zealous of the liberties of the 
people, now willing to put those liberties in the hands of the military. 



CUNSTITUTIONAL CONVENTION. 347 

They supported it on the eighteenth section, which was adopted. I think 
they all pretty well agreed here that the civil power should have supreme 
■control in times of peace, hut the moment war was declared, I found a 
good many would go over to the military, horse, foot and dragoons. My 
impression is, that you will find these very gentlemen as anxious to get 
under the wing of the civil authority then as they are now anxious to 
be military men. I contend if you say in this Constitution that the 
military shall have supreme control in times of war ; in other words, that 
the military shall have such power, that if any military' sees fit to press 
into the ranks any citizen of the State, he will have the right to do so 
and you will have no power of relief. It will be left discretionary with 
him. Much has been said with regard to the Governor planning a cam- 
paign. I suppose the State will be provided with the necessary military 
officers. I contend the Governor would have a right to appoint a com- 
mander of militia with suffici>mt instructions to put down insurrection. 
T apprehend the Governor would first call on the civil authorities, and if 
they failed to quell a di.sturbance, he would then call out the militia, and 
send with that militia force a competent officer to accomplish the object. 
I do not suppose the Governor, unless it became actually necessary, 
would suspend any of the privileges guaranteed by the Constitution. A 
great deal has been said too about court martials ; we know that mili- 
tary authorities heretofore have taken the responsibility to declare cer- 
tain ports, towns and cities under martial law, but whether they had a 
right to do so is still an open question, though if a military officer has a 
sufficient number of bayonets to carry out his edict, he may enforce it 
by simple force of arms, and yet have no right to do so. 

It needs no order from the President to any person invested with the 
command of an army. If he thinks it necessary for the safety of his 
troops to declare martial law he will do it. But I contend he has no right 
do it. But it is still left an open question. 

Mr. J. S. CRAIG. But suppose a citizen should get up an insurrec- 
tion, though the proof would not be sufficient to convict him in Court, 
the Governor has him arrested because satisfied that the party was re- 
sponsible for the insurrection, and the Court releases the prisoner, how 
could the Governor help himself if the miKtary are to be kept in subjec- 
tion to the civil authority. 

Mr. C. C. BOWEN. I think that can be best answered by telling an 
anecdote of a character named Toodles. He had a wife who bought 
everything sold at auction, and amongst other things bought a door- 
plate that bore the name of Thompson. Toodles asked his wife what 
she wanted that for, his name yras not Thompson. She said, " well, my 



34S PROCEEDINGS OF THE 

dear, we may have a child, and that <'hild may be a female child, and 
she may marry a man by the name of Thompson, and then it will be 
just the thing to put on th^ir door." Well, now, there is just about as 
much probability in the one case as in tlie other. 

Mr. L. S. LANGLEY. A great deal has been said by gentlemen 
against military power. I am willing to admit that the military power 
is not always the best to have supreme power. But when I hear gentle- 
men denouncing the military as generally oppressive, and taking measures 
that do not conduce to the public weal, I ask if they have forgotten all 
the lessons which the late rebellion taught. I think the military then, 
performed one of the grandest, one of the most sublime works ever per- 
formed in the annals of a nation. 

Mr. R. H. CAIN. For what purpose did they perform that work ex- 
cept to preserve civil liberty ? 

Mr. L y LANGLEY. I acknowledge they did do it for that purpose, 
and they should have the credit due them for the manner in which their 
work was executed. I contend that the military are capable of perform- 
ing a great work of defending the civil power, and without the military 
in the late rebellion the civil authority could not have stood, one liour I 
believe the members of this Convention will not so soon forget the debt 
of gratitude they owe as a class to the nation and to the military. I 
hope, therefore, the section will not be adopted as it is now, and thus 
make the military always subject to the civil power. 

Mr. C. P. LESLIE. I desire just to say one word. I believe when a man 
makes a mistake he ought always to be honest enough to apologize, and I 
desire to apologize for my vote. I voted for the previous question to save 
time, thinking it would be a sensible thing to do. I find now how mis- 
taken I was. The able, ingenious, masterly, lucid, overwiielming argu- 
ments pro and con, on the section under discussion has convinced me 
that my mind was not altogether made up, and that I was not perfectly 
safe in voting as I did. The delegate from Colleton (Mr. CRAIG), who' 
is peculiarly lucid, put the question in such a definite shape that I was 
surprised, he was surprised, and so surprised that I did not understand 
it perfectly after he got through his ifs and buts, and knows, and writs 
of habeas corpus, &c. 

Mr. B. F. RANDOLPH. The gentleman is criticising other gentle- 
men's remarks. 

Mr. C. P. LESLIE. I will be brief. I am about to answer the ques- 
tion of the gentleman from Colleton, who wants to know if such things 
happen what will be the condition of the country ? I have waited pa- 
tiently to hear the learned argument in reply, and find how mistaken I 



CJONSTITUTIONAL CONVENTION. 34» 

Vt^as to try to cut off the debate and save time. Our friend from Charles- 
ton, whoso name I will not meritlou, (Mr. E. C. DeLARGE,) who has 
hoeii brought to task over and over ag'iiin for nioviug the previou.s ques- 
tion, he, too, delivered an argument so profound, so learned, so com- 
pletely overwhelming, that I apologize to him also ; and the last delegate 
-closed with a wonderful anecdote about Thompson and Toodles. Well 
510W we do uot, or I do not know one whit more about the subject, and 
if there is anything in the world clear, it is that we are going farther off 
■every speech that is made. In that sense I voted, and I think the good 
sense of the house will sustain it. Tho gentleman from Charleston 
(Rev. R. H. CAIN) diil make a suitable argument. 

Mr. B. F. WHITTEMORE moved the indefinite postponement of the 
/amendment of the gentleman from Beaufort (Mr. J. J. WRIGHT.) 

The motion was agreed to, and the thirtieth section passed to its third 
reading. 

Section thirty-first was read a second time, and after a verbal amend- 
.ment, passed to its third reading, as follows : 

In time of peace no soldier shall be quartered in any house without 
the consent of the owner; and, in time of war, such quarters shall not 
be made but in a manner prescribed by law. 

Section thirty-second was read as follows : 

No person who conscientiously scruples to bear arms shall be com- 
pelled so to do, but he may pay an equivalent for personal service. 

Mr. WM. McKINLAY moved to amend by substituting the word 
" shall" for " may," before the word " may," wliich was agreed to. 

Mr. E. G. HOLMES moved to strike out the entire section. If there 
is any person who does not want to bear arms in times of danger and 
trouble, and he asks for protection from the government, I hope he will 
move off to some other State. 

Mr. R. J. DONALDSON. I hope the section will prevail. A great 
number cannot conscientiously bear arms, but may provide a substitute. 
Some of these are the best citizens, Quakers for instance, who are au 
ornament to society wherever they may reside. I am opposed to the 
idea of the gentleman from Beaufort, that we should not have such citi- 
zens among us. 

Mr. B. F, RANDOLPH. I second the motion to strike out, not that 
I am opposed to the principle laid down in the section, but because I do 
not think it in its proper place. I think it should be in tho report of the 
Committee on the Militia. 
45 



350 PROCEEDINGS OF THE 

Mr. B. F. WHITTEMOEE. We have defined liere who shall not go 
into the militia. It has already been said that persons who are Friends^ 
who have conscientious scruples about bearing arms, should not be com- 
pelled to go into the army, but pay an equivalent for personal services - 
That is provided for here. 

The motion to strike out was not agreed to. 

Mr. S. CORLEY. There is one objection to this section. No provis- 
ion is made for the poor man who is unable to pay an equivalent for 
personal service. Though he might have conscientious scruples, h& 
would, under this clause, for want of means to pay, be compelled to go 
out and do the fighting. I do hope this compelling po»r men to bear 
arms against their will, will be done away with. 

The question was then taken, and the section passed to its third read- 
ing. 

Section thirty-three was read a second time, as follows : 

Section 33. All elections shall be free and open, and every inhabitant, 
of this Commonwealth possessing the qualifications provided for in this> 
Constitution, shall have an equal right to elect ofikera and be elected to 
fill public employments. 

Mr. WM. McKINLAY. I move to amend by striking out the word 
"employments" and substituting the word "office." The word " em- 

g^oyraent " is rather too indefinite. 

Mr. A. J. RANSIER. I move to amend by inserting after the word 
Constitution, " shall have equal, civil and political rights and public 
privileges." 

The question was taken on the amendment to strike out " employ- 
ment" and substitute "ofiicers," and the amendment was agreed to. 

The question was then taken on the amendment offered by Mr. RAN- 
SIER 

Mr. N. G. PARKER. I hope that amendment will not prevail. W& 
have already passed a section which refers to the right of being elected 
to office. If jou adopt this, it makes the section cover two ideas. 

Mr. F. L. CARDOZO. I think this amendment much more definite 
and clear. 

Mr. A. J. RANSIER. I desire to know whether the principle is pro- 
vided for that every citizen, possessing equal qualifications as provided 
for in this Constitution, shall have equal, civil and political rights, and 
that such citizen could be elected to hold office or have the benefit of 
public carriages. My amendment embraces everything essential to these 
rights. 



CONSTITUTIONAL CONVENTION. 351 

Mr. B. P. WHITTEMOEE. It appears to me the language of the 
■section, as amended by the gentleman from Charleston (Mr. McKlNLA.Y), 
ris sufficiently plain and distinct, and that the amendment of the gentle- 
aaan is unnecessary. 

The question was then taken on the proposed amendment, and it was 
mot agreed lo. 

The thirty-third section was th«n passed to its third reading. 

Section thirty-four was read, as follows : 

Section 34. No property qualification shall be necessary for an •elec- 
tion to or the holding of any office, and no office shall be created, the 
appointment to which shall be far a longer time than good behavior. 
Alter the adoption of this Constitution, any person who shall fight a 
duel, or send or accept a challenge for that ])urpose, or be an aider or 
abetter in fighting a duel, shall be deprived of holding any office of honor 
or trust in this iState, and shall be othei wise punished as the law shall 
prescribe. 

The hour of half-past two having arrived, the Convention adjourned. 



Thursday, February 13, 1868. 

The Convention assembled at half- past 10 A. M., and was called lo 
ord«r by the PEESIDENT. 

Prayer was offered by the. Eev. ABRAHAM MIDDLETON. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of the preceding day was read and approved. 

The consideration of the thirty-fourth section of the Bill of Eights was 
resumed. 

Mr. WM. McKINLAY moved to amend by inserting after the word 
office, a provision that "the General Assembly shall provide for the 
taking of such bonds, with sufficient sureties, from all persons elected to 
office, as it may deem expedient." 

Mr. E. SMALLS moved that the amendment be indefinitely postponed, 
which was agreed to, and the thirty- fourth section passed to its third 
reading. 



35S PROCEEDINGS OF THE 

The next sectioa was passed to a tliird reading without debate, aa fol' 
lows : 

Section 35. The right of siiflPrage shall be protected by laws regulating: 
elections, and prohihitiiig, under adequate penalties, all uudue iufluence- 
from power, bribery, tumult or improper conduct. 

Section thirty-six was read a second time, as follows : 

Section 36. Eepresentation shall be apportioned according to popula- 
tion, and no person in this State shall be disfranchised, or deprived of 
any of the rights or privileges now enjoyed, except by the law of the' 
land, or the jiidgment of his peers. 

Mr. WM. McKINLAY moved to amend by striking out the words- 
*' now enjoye I." 

Mr. S. OOELEY. By the adoption of that amendment we would make 
it constitutional to place certain electors in power, and at the same time 
allow future Legislatures to displace them. 

Mr. B. F. WHITTEMORE. It is impossible for us aa yet to know 
what the Committee on Frtinchise and Elections will declare shall be the- 
privileges of the people of the State. It appears to me we are going it blind 
on this matter until we know what will be the action of the Committee on 
Franchise and Elections. The idea embodied in the section as it is, that 
no person, white or black, possessing any privilege s, shall be deprived of 
those existing privileges. Some of the members appear to desire that 
the word color should be introduced to make the application definite and 
emphatic. I have endeavored throughout the Bill of Eights to avoid 
using that word. 

Mr. WM. McKINLAY. The object of the amendment is not to im- 
pair any of the rights now enjoyed by citizens of the State. It Is in- 
tended to secure them all the rights enumerated in the Constitution. 

Mr. F. L. CAEDOZO. With reference to the remarks made by iher 
Chairman of the Bill of Eights, it is true we have not the report of the* 
Committee on Franchise before us, and in one sense acting without any- 
thing definite, yet in another sense we know what we are going to de- 
mand, for we intend to see that our rights are guaranteed by this Con- 
stitution. So in one sense we know what we intend to have. 

The question was then taken on the amendment and it was not 
agreed to. 

Section thirty six then passed to a third reading. 

The following sections were then read a second time, and passed to a 
third reading without debate : 






eONSllTITTrUNAL CONVENTION, SJiS 

■ SiBCiiON 37. Temjyorarj^ absence froai the State shall rwjit forfeit a resi- 
dence once obtained. 

Skctiun '6S, All property subject to taxation ouglit to be taxed in pro- 
portion to its value. Kacli individual of society lias a right to be pro- 
tected in th« ©mploymeut of life, property and liberty, according to 
standing laws He siioul'^, theretbre, contribute his share to the ex- 
pense of his protection, and give his personal service when necest^ary, 

' Section 89. No subsidy, charge, impost tax or duties ought to be 
•established, lixed, laid or levied, under any pretext whatsoever, without 
the consent of the people or their representatives lawfully assembled. 

Section 40 Excessive fines shall not be imposed, nor cruel and un- 
usual punishmeut inflicted, uor shall witnesses be unreasonably detained. 

Section forty -one received its third reading as follows: 

No title of nobility or distinction, or hereditary emolumeut shall ever 
he granted in this State. 

Mr, B. F. EANDOLPH offered the following amendment : ''• Distinc- 
tion on account of race or color in any case whatever shall be prohibited, 
and all classes of citizens, irrespective of race and color, shall enjoy all 
common, equal and political privileges." 

It is, doubtless, the impression of the members of the Convention 
that the Bill of Eights as it stands, secures perfect political and legal 
equality to all the people of South Carolina. It is a fact, however, that 
ao where is it laid down in the instrument, emphatically and definitely, 
that all the people of the State, irrespective of race and color, shall 
enjoy equal privileges. Our forefathers were no doubt anti-slavery men, 
.and they intended that slavery should die out. Consequently the word 
color is not to be found in the Constitution or Declaration of Independ- 
ence. On the contrary, it is stated distinctly "all men are created free 
and equal." But that was too general, too comprehensive, and our fore- 
fathers m.ade a mistake, the result of which was that the land has 
been drenched in blood to perpetuate slavery. The Constitution of the 
United States was too vague ; ic was misinterpreted. On the one hand, the 
ablest statesmen of England and America had pronounced it anti-slav- 
ery ; on the other, equally able minds regarded it as pro-slavery in its 
character. 

In our Bill of Eights, I want to settle the question forever by making 
the meaning so plain that a '* wayfaring man, though a fool," cannot 
misunderstand it. The majority of the people of South Carolina, who 
are rapidly becoming property holders, are colored citizens — the descend- 
ants of the African race — who have been ground down by three hun- 
dred years of degradation, and now that the opportunity is afibrded, ie I 
them be protected in their political rights. The words proposed as an 



nM PEOCEEDINGS OF THK 

ameadment were not calculated to create distinction, but to destroy dss- 
tinctioB ; and siDce the Bill of Rights did not declare equality, irre- 
S|>ectiye ot race or color, it was important that they should be inserted. 
Here I vvoitld say that all of my radicalism consists in believing one 
thing, namely, that all men are created of one blood ; that " God created 
all nations to dwell upon the earth." 

Mr. G. P. LESLIE. I would ask the delegate if it would not have 
been a little better for his theory if the Scriptures had added " without* 
distinction of race or color." 

Mr. B. F. EANDOLPH. If the g-entieman will tell me why Congress, 
saw fit to say " all men are born free and equal," I may answer hia> 
question. 

Mr. C. P. LESLIE. I can't tell why Congress did this or that. They 
do a gi-eat many curious things, but it does strike me that God in his 
ic finite wisdom knew fully as nuich about this business as Congress. 

Mr. B. F. EANDOLPH. I will say to the gentleman that if God did 
not see fit to prepare such laws as we may adapt to the present condi- 
tion of society, it becomes us to add to God's laws in such a manner as 
to suit circumstances, and yet not conflict with them. 

Mr. A. J. EANSIER. I favor the spirit of the amendment, but wish, 
to see the clause inserted in some other portion of the Bill of Eights. 

Mr. B. F. WHITTEMOEE. This whole subject is covered by pre- 
vious sections, and it is unnecessary to be more explicit We discussed 
tl is matter in Committee, and the determination arrived at was not to 
introduce the word color in the Bill of Eights. All citizens duly quali- 
fed are entitled to equal privileges, and it is unnecessary to draw lines 
of distinction. The colored man was a citizen, his rights had been de- 
clared, and I propose to defend those rights wherever called upon, 
whether it be in the halh of legislation or upon the field of contest. 

Mr. A. J. EANSIEE. While I want the principle laid down clearly^ 
that in all matters my race are civilly and politically equal with, and 
entitled to all the privileges of other men, I am not in favor of employ- 
ing the words " race and color" in the Constitution. 

Mr. P. L. CAEDOZO. It is a patent fact that, as colored men, we 
have been cheated out of our rights for two centuries, and now tliat we 
have the opportunity, I want to fix them in the Constitution in such a 
way that no lawyer, however cunning or astute, can possibly misinter- 
pret the meaning. If we do not do so, we deserve to be, and will be, 
cheated again. Nearly all the white inhabitants of the State are ready 
at any moment to deprive us of these rights, and not a loop-hole should 
be left that would permit them to do it constitutionally. Not one of 



CONSTITUTIONAL CONVENTION. 315 

them scarcely were in favor of this Conventioa, and just «o soon as they 
liad the power, whether by the election of a Democrati'C President^ or 
by an increase of emigration, they would endeavor to overthrow the 
"Constitution. Hence, while they (the Convention) had a chance to do 
it, by all means let them insert the words " without distinction of race 
or color," wherever it was necessary' to give force und clearness to their 
purpose, 

Mr. G, PILLSBURY. I am in favor of the amendment offered by 
the gentleman from Orangeburg. I rise simply to amend his amend- 
ment. I am in favor of this expression being incorporated into our Bill 
of Eights, " persons of color." You will recollect in the Constitution of 
the United States, modesty or some other thing prevented the use of the 
wojd slave in that Constitution. Such peisons were indicated through 
the Bill of Rights as " persons held to service," but in the history of 
the country, after this unfortunate polite allusion to this class of prop- 
erty began to bear upon a certain portion of the inhabitants of the 
United States, then the profoundest statesmanship, the astutest legal 
ability in the country was expended to do it away, but it all failed, and 
nothing but the cannon of the United States knocked the sentiment of 
slavery out of the Constitution. That sentiment had been expressed in 
•polite language ; but in the Bill of Eights of South Carolina, it should 
he recognized beyond peradventure that the colored man is, in fact, a 
citizen, although he had been recently told by a white man that all the 
legislation to be accomplished could not make a citizen out of a nigger. 

Mr. C. P. LESLIE, What is meant by the word " inhabitant " in 
section thirty-three. If the delegate from Charleston, in explicit terms, 
admitted that colored men are inhabitants, there could be no doubt in 
the minds of sensible men that their n<;hts were already guaranteed. 
Why then all this anxious concern about race and color. 

Mr. G. PILLSBURY. I understand the word " inhabitant" to mean 
a person or citizen, a black or a w^iite man. I will do the gentleman the 
credit to suppose that he so understands it. What does he suppose was 
meant in the Declaration of Independence by the phrase "all men are 
born free and equal." 

Mr. C. P. LESLIE. As a considerable portion of the inhabitants of 
the United States at the time of the adoption of the Declaration of Inde- 
pendence were held as slaves, the phrase was evidently not intended to 
apply to this class. But had tho declaration said " every inhabitant " 
was born free and equal, it would then have covered colored men. 

Mr. G. PILLSBURY. Where is the word " inhabitant " mentioned 
here. In this Declaration of Rights, the word "men" is used. Which 



Sm PROCEEDINGS OF THE 

lias tlie m<isr tuguifioance, m m or inhahitaut ? In the DecJ&T'dtum of 
Independence-, the word men is used in the phrase " all men are boriij. 
free and equ^il," ami yet fuur millions of men and sromea n<j\v living,. 
and millions passed away, have been slaves, dtprived of all the privi- 
leges to which men were entitled under that Declaration of Independeiice. 
I was about to say to the gentleman there could be no question in hii* 
MHB'd what constitutes citizenship in the State of Sxaitli Carolina, but 
there is^ a wide difference of opinion. I stated this difference of opinioB; 
no longer tlian a Aveek ago, and v^as toM by a white man that all the 
legislation of tJiis Convention would not nor could not make a negro a 
eiti/en. It wonld do no harm to have this right defined in so manj 
words. I do not wish it hereafter to require the profoundest statesman- 
ship, or the nuKst akilfid lawyer to explain and define the meaning of thi& 
Bill of Eights. The adoption oi" the amendment offered by the gentle- 
man from Oritngeburg, will set at rest this n>ooted right now and forever. 
I am in favor of the amendment, except the wor<l "common." I move, 
SIS an aniBii(l!n'3iit, to -"strike out the wjrds " irrespective of race and color,"" 
where they occur a second time, and also the word "common." 

Mr. B. F. EANDOLPH. I am opposed to the last amendment. The 
word "common" expressed exactly what was meant. Common, public 
and political privileges are what we wanted, and nothing less. 

The motion to strike out was net agreed to. 

Mr. B. F. WHITTEMOEF moved to amend verbally, which wa:^ 
agreed to. 

The eatire section, as amended, was then read a second time and 
passed to its third reading. 

Section forty-oiie received its second reading and was passed without 
debate, to a third reading, as follows : 

Section 41. No title of nobility or distinction, or Iiereditary emolument 
shall ever be gianted in this Siate. 

Section forty-two rec8iv</d its second reading, as follows : 

Section 42. All navigable waters shall remain forever public high- 
ways, free to the citizens of the State and the United States, wilhouttax. 
impost or toll imposed ; and no tax, toll or impi st or wharfage shall be 
imposed, dei/.ianded or received from the owner of any merchandise or 
commodity, for the use of the shores or any wharf erected on the shores, 
or in or over the waters of any navigable stream, unless the same be 
expressly authorized by the Legislature. 

Mr, W J. McKINTAY, ox Charleston, offered as a substitute, the fol- 



^CONSTITUTIONAL CONVENTION. ^57 

Sectio-?? i'l. All navigaWe waters shall remain lorpver public Ligli- 
ways, free to tke citizens of the State and the United States, without tax, 
impost, or toll imposed ; and no tax, toll or impost shall be iuiposed, 
-demanded or received from the owner of any merchandise or commodity, 
for the use of any navigable stream, unless the same be authorized by 
the Legislature 

The amendment was agreed to, and the section passed to a third read- 
ing. 

The next and last section of the Bill was read a second time, and passed 
to a third reading without debate, as follows : 

Section 43. The enumeration of rights in this Constitution shall not 
he construed to impair or deny others retained by the people, and all 
powers not herein delegated remain with the people. 

Mr. B. 0. DUNCAN submitted the following as additional sections: 

" The Legislature shall have no power to levy a poll tax except for 
educational purposes." 

Referred to the Committee on the Bill of Eights. 

'' The Legislature shall ena-^t such laws as it may deem proper and 
aecesu-ary to punish the carrying of concealed deadly weapons." 

Referred to the Committee on Miscellaneous Provisions of the Consti- 
tution. 

" No lottery office shall hereafter be allowed for the sale of lottery 
tickets in this State." 

Referred to same Committee. 

The preamble and title were read a second time. 

Mr. J. J. WRIGHT moved several verbal amendments. 

Mr. D. H. CHAMBERLAIN moved to indefinitely postpone the 
amendments, which was lost. 

Mr. B O. DUNCAN proposed the following amendment, which was 
finally withdrawn : 

We, the people of the State of South Carolina, by our delegates in 
Convention assembled, in order to establish impartial justice, insure 
domestic tranquillity, promote the general welfare, and secure the bless- 
ings of liberty to ourselves and our posterity, do ordain and establish the 
following Declaration of Rights and Form of Government as the Consti- 
tution of the Commonwealth of South Carolina. 

The preamble was therefore passed to its third reading with the only 
46 



SSS PROUKE DINGS OF THE 

amendment being a substitution of the word •' people ' for the wordt? 
" body politic." 

The Bill as amended was then ordered to be printed for the third 
reading. 

Mr. N. G. PAEKEE offered the following resolution :: 

Resolved, That this Convention request Brevet Major General E. E. 
S. Oanby to al>olish at once the District Courts of South Carolina, and 
to declare vacant all offices connected therewith. 

Mr. E. C. DeLAEGE moved to refer it to the Judiciary Committee' to 
be reported to-morrow at two o'clock, which was not agreed to. 
Mr. C. P. LESLIE moved to amend, as follows : 

" That this Convention request Brevet-Major General E. E. S. Canby 
to dismiss all the Judges of Courts known as District Courts in South 
Carolina." 

Mr. T. J. EOBEETSON. I hold in . my hand a petition signed by 
nearly every member of the Convention, asking General Canby to abol- 
ish the District Courts, and to dismiss from their offices the Judges and 
all the officers connected with that Court. These District Courts I regard 
as the offspring of the infernal code adopted by the Legislature in 1865, 
a code only intended to punish the colored people. These Courts also 
discriminated against the poor. No person could bring a suit in them 
against another unless a deposit is made in advance to meet the costs. 
A person unable to make this advance is debarred the privileges of the 
Court and the rights he should enjoy in common with the more fortunate 
and wealthy. He also knew that most of the Judges of the District 
Courts elected by the Legislature of 1865, are unfriendly to the colored 
people and opposed in to to to the Eeconstruction Acts of Congress. 
Their prejudices are so bitter that it is impossible for the colored man to 
obtain justice. These Courts are now in session in the different country 
districts every week, and colored persons are being tried, convicted and 
sent to the penitentiary on the most trivial offences. It was upon these 
grounds, and in the performance of what he felt to be his duty, that he 
had drawn a petition requesting General Canby to abolish the Distiict 
Courts of the State. 

Mr. E. J. DONALDSON. What disposition does the gentleman pro- 
pose to make of the vast amount of business now in litigation in the 
District Courts. 

Mr. T. J. EOBEETSON. I would let it lay over until the establish- 
ment of a sound loyal Government. Some men might be kept in jail a 



CONSTITUTIONAL CONVENTION. 35» 

little louger awaiting the decision of a Oourt to try the ofienee, but it 
would he better for thena to remain there a little time than to be sent to 
the penitentiary. 

Mr. LESLIE asked Mr. EOBERTSON to amend the petition by 
making the request of General Canby to dismiss the Judges, not to abol- 
ish the Courts. He doubted whether General Canby had any authority 
to abolisli the Courts. 

Mr. ROBERTSON declined to accept the proposed amendment. 

Mr. R. C. DeLARGE moved tliat the resolution and petition be re- 
ferred to the Committee on the Judiciary, with instructions to report 
to morrow. He did not wish to see this matter rushed through in favor 
of abolishing the Courts. 

The Convention refused to refer, and the question being put on the 
original motion, it was adopted. 

Mr. C. P. LESLIE desired to have his name recorded as voting '* no." 

Mr. B. F. WHITTEMORE offered the following resolution, which was 
referred to the Committee on the Legislative Part of the Constitution : 

» ARTICLE — . 

AMENDMENT AND REVISION OF TttE CONSTITUTION. 

Section 1. Any amendment or amendments to the Constitution may 
be proposed in the Senate or House of Re[jresentatives. If the same be 
agreed to by two- thirds of the members elected to each House, such 
amendment or amendments shall be entered on the journals respectively, 
with the yeas and nays taken thereon ; and the same shall be submitted 
to the electors, at the next general election thereafter, and if a majority 
of the electors, qualified to vote for members of the Legislature, voting 
thereon, shall vote in favor of such amendment, or amendments, and 
two thirds of each House of the next Legislature shall, after such an 
election and before another, ratify the same amendment or amendments, 
by yeas and nays, the same shall become part of the Constitution : Pro- 
vided, that such amendment or amendments shall have been read three 
times, or on three several days, in each House. 

Section 2. Every fifteenth year after the next general election, or 
ratification ol this Constitution, and also at such other times as the Legis- 
lature may provide, the question of a general revision of the Constitu- 
tion shall be submitted to the electors qualified to vote for members of 
the Legislature, and in case a majority of the electors so qualified, voting 
at such election, shall decide in favor of a Convention for such revision, 
the Legislature, at the next session, shall provide by law for the election 
of delegates to such Convention. All the amendments shall take eflFect 
at the commencement of the political year alter their adoption. 



3:60 PROCEEDINGS OF THE 

Mr. H. E. HAYNE ofFei-ed the following resolution, which was r*v 
ferred to the Committee on Petitions :: 

Reaotved, That this Convention petition Cangress for the removal of 
the disabilities of such persons in the State as acctjpt in good faith the 
Eeconstruction Acts of Congress and the Constitution of the United States 
as amended. 

Mr. J. M. R UNION oflfored the follawing resolution, which was laid 
on tlie table ; 

Resolved, That the lYesident of this Convention be requested to see 
that the manuscript of the journal of the proceedings of this Convention, 
be immediately furnished to the printer to enable him to commence the 
work of printing, in order that the same Tuay be complete on or about 
the time that this Convention adjourns ; and that one thousand copies 
be published for the use of the members af this Convention. 

Mr. F. J. CAIN offered the following resolution, which was adopted i 

Resolved, That the Committee on Petitions be hereby requested to 
repoi't tocthis house to-morrow, at one o'clock, a preamble and resolu- 
tions relative to petitioning Congress for a grant of one million dollars 
to be appropriated for the purchase of land in this State. 

Mr. C. P. LESLIE asked leave to record his vote against the resolu- 
tion of Mr. CAIN, which was granted. 

Mr. D. H. CHAMBERLAIN offered the following resolution, which 
wap adopted : 

Resolved, That the President of this Convention be directed to for- 
ward, without delay, to Brevet Maj. Gen. Ed. E. S. Canby, a copy of the 
resolution requesting the abolition of the District Courts of this State. 

Dr. N, J. NEWELL presented the petition of sundry citizens of An- 
derson District, in reference to the division of that District, which was 
referred to the Committee on the Legislative part of the Constitution. 

Mr. C. C. BO WEN offered the following resolution, which was adopted : 

Whereas, The Ordinance passed by this Convention on the Ist of 
February, 1868, entitled " An Ordinance declaring null and void all 
contracts, judgnuents and decrees heretofore made or entered up, where 
the consideration was for the purchase of slaves," is regarded l)y some 
as of doubtful validity prior to the organization of the State under the 
now Constitution, and this question is likely to give rise to delays and 
vexatious discussions in Court, therefore, 

Resolved^ That Brevet Major-General Ed, R. S. Canby, Commanding 



^CONSTITUTIONAL CONVENTION. 3fil 

•JSercond Military Distiict, be respectfully requested to euforoe said Ordi- 
nance. 

Dr. J. L. NEA.GLE tauved that the President of this Convention fur- 
3iish Brevet Major-General Ed. H. S. Canby with a certified copy of the 
resolution of Mr. C. C. BOWEN. 

Mr. J. 3. WUIG-HT palled for the second readiug of the report of the 
Comnaittee on the Legislative part of the Constitution. 

The repoii; was taken up, and sections 1, '2^ 3, 4, 5, "Q, 7, 8, 9 and 10 
were read a seeoud time, all of which, with the esception of No. 3, which 
"was recommitted to the Legislative Committee, to alter in aecordanoe 
with the Ordinance adopted by the ConveRtiou dividing Pickens Dis- 
trict, passed to a third reading. 

The eleventh section received its second reading, and pending its coa- 
sideration, the CwuFHUtiou adjourned. 



Friday, February 14, I^«68. 

The Convention assembled at half-past 10 A. M., and was called to 
©rder by the PRESIDENT. 

Prayer was offered by the Rev. WM. DARRINGTON. 

The roll was called, and a quorum answering to their names, the 
PRESIDENT announced the Convention ready to proceed to business. 

The Journal of Thursday was read and approved. 

Mr. C. P. LESLIE made a report of the Auditing Committee on 
several bills for printing, stationery and furniture for the hall, as follows: 

The undersigned, the Committee appointed by this House to audit the 
ccmtingent expenses, &c., beg l^ave to submit the following report : 

The Committee have had under consideration the account of fl. Judge 
Moore, Printer, and have, after patient enquiry and thorough examina- 
tion, concluded to recommend to this Convention that the sum of 
$406.75 in bills receivable, in full settlement of his account for piinting 
from the 19th day of January to the 10th day of February A. D. 1?68, 
be paid, on filing with the President of this Convention th*? vouchers, 
and account properly receipted, &c. 

The Committee have also had under consideration an account of Mr. 
J. W. Denny for st itionery, &c., and recommend that the sum of 
$228 86 in bills receivable be paid in full payment of said account, on 
his filing with the President said account properly receipted. 



S62 PROCEEDINGS OF THE 

The Committee have al^o had under consideration the account of 
Messrs. Miickey & Baker, for use and liire of furniture, and after care- 
ful consideration dorecommejid thai the sum of $2(37.19 in bills receiva- 
ble be paid them, on their filing with the President of this Convention, 
said account properly receipted, &c. C. P LESLIE, 

Chairaian Com. on Audit. 

After the reading of the report, on Hiotion of Mr. N. G. PAKKER, it 
was adopted 

Mr. N. G. PAEKER, Chairman of the Finance Committee, submitted 
the following report as a part of the Constitution, which was ordered to 
he printed : 

ARTICLE — . 

riHANCE AND TAXATION. 

Section 1. The Legislature shall provide by law for a uniform and 
equal rate of assessment and taxation, and shall prescribe such regula- 
tions as shall secure a just valuation for taxation of all property, real, 
personal and possessory, except mines and iiiining claims, tlie proceeds 
of which alone shall be taxed ; and also excepting such property as may 
be exempted by law for municipal, educational, literary, scientific, reli- 
gious or charitable purposes. 

Sec. 2. The Legislature may provide annually for a poll tax not to 
exceed one dollar on each poll, which shall be applied exclusively to the 
public school fund. And no additional poll tax shall be levied by any 
municipal corporation. 

Sec. o. The Legislature shall provide for an annual tax sufficient to 
defray the estimated expenses of the State for each year; and whenever 
it shall happen that such ordinary expenses of the State for any year 
shall exceed the income of the State for sucli year, the Legislature shall 
provide for levying a tax for the ensuing year sufficient, with other 
sources of income, to pay the deficiency of the preceding year, together 
with the estimated expenses of the ensuing year. 

Sec. 4. No tax shall be levied except in pursuance of a law, which 
shall distinctly state the object of the same; to which object only such 
tax shall be applied. 

Sec. 5. It shall be the duty of the Legislature to enact laws for the 
exemption from taxation of all public schools, colleges, and institutions 
of learning, all charitable institutions in the nature of asylums for the 
infirm, deaf and dumb, blind, idiotic and indigent persons, all public 
libraries, churches and hurrying grounds; but property of associations 
and societies, although connected with charitable objects, shall not be 
exempt from State, County or Municipal taxation. 

Sec. 6, The Legislature shall provide by a State B »ard for the valua- 
tion and assessment of all lands and the improvements thereon prior to 
the assembling of the Legislature of 1870, and thereaiter on every fifth 
year. 

Sec. 7. For the purpose of defraying extraordinary expenditures, the 
State may contract public debts; but such debts shall never in the 



CONSTITUTIONAL COKVENTION. , 36» 

-aggregate exceed five hundred thousand dollars beyond'that already in- 
curred. Every such debt shall be authorized by law for some single 
object, to be distinctly specified therein; and no such law shall take 
efiect until it shall have been passed by the vote of two-thirds of the 
members of each, branch of the Legislature, to be recorded by yeas and 
nays on the joui'nals of each House respectively; ar,d every such law- 
shall levy a tax annually sufficient to pay the annual inters t-t, of suck 
del)t, and also a tax suHicient to pay the principal of such debt within 
twenty years from the final passage of such law, and shall specially ap- 
propriate the proceeds of such taxes to the payment of such principal 
and interest. 

Sec. 8. The corporate authorities of Counties, Townships, School Dis- 
tricts, Cities, Towns and Villages may be vested with power to assess 
and collect taxes for corporate purposes ; such taxes to be uniform in 
respect to persons and property within the jurisdiction of the body im- 
posing the same. And the Legislature shall require that all the property 
within the lioaits of municipal corporations belonging to individuals 
shall be taxed for the payment of debts contracted under authority of 
law. 

Seo. 9. The credit of the State shall not be granted to, or in aid of, 
any person, association or corporation. 

Sec. 10. The State shall not subscribe to or be interested in the stock 
of any company, association or corporation. 

Sec. 1L The Legislature shall provide for the incorporation and 
organization of cities and towns, and shall restrict their powers of taxa- 
tion, borrowing money, contracting debts, and loaning their credit. 

Sec. 12. No scrip, certificate, or other evidence of State indebtedness 
shall be issued, except for the redemption of stock, bonds, or other evi- 
dences of indebtedness previously i&sued, or for such debts as are ex- 
pressly authorized in this Constitution. 

Sec. Id. An accurate statement of the receipt and expenditures of the 
public money shall be published with the lav/s of each regular session of 
the Legislature. 

Sec. 14. No money shall be drawn from the Treiisur^' but in pur- 
suance of appropriation made by law. 

Sec. 16. The fiscal year shall commence on the first; day of November 
in each year. 

Sec. 16. There shall be annually assessed and collected, in the same 
manner as other State revenue may be assessed and collected, a tax of 
two mills upon each dollar's worth of taxable property, in addition to all 
other taxes, to be applied as follows, to wit: The fund so created shall 
be kept separate, and shall annually, on the first day of January, be ap- 
portioned and paid over pro rata, upon all such State indebtedness as 
may for that purpose be presented by the holders of the same, to be 
entered as credits upon, and, to that extent, in extinguishment ol the 
principal of said indebtedness; Provided, That no debt contracted in 
behalf of the rebellion, in whole or in part thereof, shall ever be paid. 

Sec 17. No county shall subscribe for stock in any incorporated com- 
pany, unless the same be paid for at the time of such subscription; nor 
shall any county loan its credit to any incorporated company, nor borrow 



86^ PROCEEDINGS OF THIT 

Kionpy ibr the purpose of taking stock in any sueh CGmpany,- nor shall 
the Leffislature ever on behalf of the State assume tlie debts of aaj 
county, ciry, town or townt^hip, nor of any corporation whatever. 

Skc. 18. Any debt contracted by the State shall be by loan on State 
bonds, of ainonnts not less than ($500) five hundred dollars each, ort 
interest, payable within twenty years after tlie final passage of the law 
anthorizing sueh debt. A correct registry of all such bonds shall be 
^ept by the Treasurer in numerical order, so as always to exhibit the 
number and amount unpaid, and to whom severally made payable. 

Skc. 19^. Suitabln laws shall be passed by the Legislature for the safe 
keeping, transfer and disbursement of the State and school funds, and 
all offi«;ers and other persons charged with the same shall be required tct 
give ample security i'or all moneys and funds of any liind, to keep an ac- 
euiate entry of sucli sum received, and of each payment and tiansfer; 
and it shall bo the duty of tlie Legislature to pass laws making embez- 
zlement of such funds a felony, and the party convicted of such ielocy 
shall be disqualified from ever holding any office of honor or emolument 
in the State. 

The unfinished busirjess was then resumed, being the report of the 
Committee on the Legislative Provisions of the Constitution. 

The conside-ation of the eleventh section of the report of the Com- 
mittee on the Legislative Departm.ent was resumed. 

Mr. C. C. BOWEN moved a reconsideration of the eighth section,, 
which is as follows : 

Section 8. Tlie Senate shall be composed of one member from each 
couQty, to be elected for the term of four 3'ears, by the qualified voters 
of tlie State, in the same manner l>j which members of the House of 
Representatives are chosen. 

The motion was agreed to. 

Mr. C C. BOWEN. A proposition has been made to change the 
name of the districts into counties, and Charleston will, therefore, be- 
come a county. Heretofore Charleston has always been entitled to two 
Senators when she was only an election district. Now the Convention 
proposes to make the city a county, and the section read, that each 
county shall be entitled to but one Senator. No matter how great a 
population Charleston might have, she would be entitled to but one 
Senator. Any other district or county having sufficient territory could 
be divided and immediately obtain another Senator. It was apparent 
to every gentleman upon the floor that the City of Charleston never can 
be divided into two counties. Take the case of Pickens District which 
has been recently divided. It now becomes two counties and gets two 
Senators, He would make a motion, which, upon the principles of 
equity and justice, he thought, when they come to consider it, there 



CONSTITUTIONAL CONVENTION. 365 

'•fould be no difficulty 5u adding an aniendoaent to the section. He 
anoved to add: "Except Charleston, which shall be allowed two Sena- 
tors." 

Mr. L. S. LANGLEY. I am opposed to the amendment, as I see no 
justice or propriety in its adoption. I think the Constitution of the 
United States should be our model, and by that the little State of Rhode 
Island, and the great State of New York are on an equality of repre- 
sentation in the United States Senate. New York possesses a popula- 
tion and extent of territory more than twenty- times that of Rhode 
Island. 

Mr. N. G. PARKER. Do you think Charleston, with a large and 
increasing population, would be equally represented by one Senator, 
with other districts having a small population and entitled to the same 
representation in the Senate. 

Mr. L. S. LANGLEY. Representation in the United States Senate is 
not based upon population, but upon a political division. If Charleston 
has a larger population than any other county, she will have a greater 
weight and influence by her representation in the other branch I hope 
the amendment will be voted down. 

Mr. C. M. WILDER moved that the amendment be indefinitely post- 
poned. 

Mr. F. L. CARDOZO. I hope the motion to postpone will not pre- 
vail. Charleston always had two Senators, and she is now entitled to 
two. She has one seventeenth of the whole population of the State, 
and one thirteenth of the voting population. There being thirty- two 
counties in the State, notwithstanding Charleston possesses one seven- 
teenth of the whole population, by this section she would have only a 
thirty-second part of the influence. In addition to that, Charleston pays 
one-third of the whole of the taxes of the State. I think she is emi- 
nently entitled to two Senators to watch over and protect her interests. 

Mr. C. P. LESLIE. I desire to ask the gentleman who last spoke^ 
why it is that in the city and county of New York the number of Sena- 
tors are in proportion to her population ? For instance, the city and 
county of New York is entitled to four Senators in the State Senate, 
and the city of Brooklyn, or Kings County, is entitled to two, while all 
the other counties are entitled to but one. 

Mr. F. L. CARDOZO. I suppose it was for the same reasons I have 
already given, viz : larger population and larger influence. It is another 
argument against the postponement of this question. 

Mr. F. J. MOSES, Jr. I beg leave to call the attention of the Con- 
vention that it is certainly not the right way to mete out justice and 
47 



$66 PROCEEDINGS OF TWE 

equity to move an indefinite postponement of a motion like thfa, beibro- 
it can be fairly and freely discussed. 

Mr. D. H. CHAMBERLAIN- I hope every opportunity will be 
afforded for the fullest discussion. We can then feel when final aetioc>. 
was had on the subject, that no improper advantage has been taken. 

Mr. J. K- JILLSON moved that the motion to postpone be laid on 
the table. 

Mr. B. F. RANIJOLI'H. I am of opinion that in justice to Charles- 
ton she should have two Senators. New York, because of her great- 
population, has four Senators in the Ijegislature of that State, and the 
city of Boston, with not quite so large a population as New York, has 
six Senators in the Legislature of Massaehxisetts, and so on, more or 
less, all through the United States. 

Mr. T. HURLEY asked what part of Boston had sis Senators. 

Mr. B. E. RANDCLPH said the city of Boston is divided into six. 
Senatorial districts. 

Mr. J. S. CRAIG. No member is more disposed to do justice to 
Charleston, or aily other portion of the State,, than myself. I believe it 
wrong, however, to fix the basis of representation to the Senate, in the 
Constitution of the State, as set forth in the section. The apportion- 
ment, I think, should be made according to the population of every dis- 
trict. In some of the districts this method might decrease the represen- 
tation while in others it might increase it. I propose the following 
amendment : " The Senate shall be composed of sixty members to be 
apportioned to the several districts or counties according to their popu- 
lation." 

Mr. B. 0. DUNCAN movedtheindefinitepostponement of this amend- 
ment. 

Mr. D. H. CHAMBERLAIN. I hope the motion to postpone will 
not prevail. I am in favor of giving an opportunity to discuss every 
amendment offered, and to allow the same to other members I claim for 
myself. 

Mr. B. 0. DUNCAN. I am in favor of free discussion, but I think 
this amendment is carrying the thing too far. 

Mr. L. S. LANGLEY. If the Convention propose to give two Sena- 
tors to Charleston, then I am in favor of the amendment offered by the 
gentleman from Colleton (Mr. CRAIG). But if the Convention is de- 
termined to keep Charleston on an equality with the other counties of 
the State, although they might not possess one-tenth of the population, 
then I am opposed to the amendment- 



CONSTITUTIONAL CONVENTION. 36* 

Mr. R. SMALLS moved that the motion to postpoue be laid on the 
•»ble, which was agreed to. 

Mr. W. B. NASH. I am opposed to giving one county in the State 
;a larger representation than another. I am aware that under the old 
•Constitution of South Carolina, Charleston had some four or five Sena- 
tors. Under the old government, efforts were made to divide the dis- 
tricts of the upper portion of the State, but the parishes in the low«r 
•country always resisted it. It arose from the latter's gi^eed for power. 
There had alwa,ys been a contest between the upper districts and the 
lower for power, hi the Constitution adopted in 1805, the parish repre- 
sentations were reduced. I think this nothing but an eft'ort on the 
part of the gentleman from Charleston, since Pickens was divided, to get 
the balance of power again, by allowing Charleston two representatives 
to the floor of the Senate. This I deem very unjust to the other coun- 
ties of the State. Berkley has a larger population than Charleston, and 
if this representation is given to it on the ground of population, why 
should not Berkley, Beaufort, or any other county, make the same re- 
quest. If the motion of the gentleman from Charleston prevails, I will 
be in favor of the motion of the gentleman from Colleton. In that event 
I am in favor of giving every county in the State two Senators. I am 
not willing that Charleston should assume itself to be South Carolina. 
An opinion had prevailed in the lower part of the State that Charleston 
was the State of South Carolina, but I am not disposed that that opinion 
should prevail any longer. South Carolina should be South Carolina, 
and Charleston a portion of South Carolina. I am not willing Charles- 
ton should have a larger representation than any other district. I be- 
lieve this to be nothing but a trick of power. I concur with the gentle- 
man from Beaufort, that when the time comes that Charleston has a 
sufficient population to entit]e»her to another Senator, I will be in favor of 
an amendment to the Constitution so as to give her what she would then 
be entitled to. 

Mr. W. J. McKINLAY. The best argument I have heard in support 
of the amendment, was that made by the member from Richland (Mr. 
NASH). He says there has always been a difference between the upper 
and lower country. We have seen that plainly here. We have voted 
for the division of a district that was not entitled to but three represen- 
tatives, and that division will entitle it to two Senators. Charleston, 
with her nine delegates, will not be entitled to but one. If she has the 
preponderance of wealth and taxation, I think it no more than right 
and just that the amendment of the gentleman (Mr. BO WEN) should 
prevail. 



S&S PEOCEEDINGS OF THE 

Dr. J. L. NEAGLE. I am dt^cidedly in favor of the amendment 
offered by tiie delegate from Charleston (Mr. BOWEN). I think it i» 
merely common justice. I thought of'it yesterday, when the section was- 
passed on its second reading, but did not think it was my place to oiler 
the amendment. In regiird to the contest between the upper and lower 
country, alluded to by the meniber from Eichland (Mr. NASH), under 
the new apportionment and division, the upper country will have decidedly 
the advantage. They will have a representation in the House of Eep- 
resentatives sufficiently strong to carry out any measure they please, no 
matter how strongly Charleston might oppose it. It is not probable that 
the territory of Charleston will ever be divided, and as the Constitution 
stands, without this amendment, there is no chance of her ever getting 
more than one Senator. Pickens, divided, gets two, and it has been 
argued that Berkley should have two, because that district has a similar 
voting population. Berkley has sufficient territory to be divided, and if 
divided they can have two Senators, or four if divided into four counties. 
As for the argument that we slould take the Constitution of the United 
States for our guide, I will remind the delegates that the States are per 
manent political bodies. There is no chance, therefore, for any State to 
get any additional representation in the United States Senate. The 
Constitution provides for the division of counties, and any of the upper 
counties can, at any time, be divided, and thus gain more representation 
in the Senate. I am also opposed to the amendment of the gentleman 
from Colletnn (Mr. CEAIG). I think the representation as now ar- 
ranged in the sections passed was right and proper. 

Mr. B. F. WHITTEMOEE. I regard the request of the gentleman 
from Charleston (Mr. BOWEN) as very fair and just. Since the debate 
has been going on I have looked into the matter, and found, according 
to the census of 1860, the districts allowed one Senator by the section 
rend had not more than one-half, or perhaps less than one-thii'd, of the 
inhabitants of Charleston district. I understand, also, that the parishes 
around and near Charleston were before entitled to one Senator, which 
gave some ten Senators. These parishes have been absorbed in Berkley 
district, which, with its forty-five or fifty thousand inhabitants, is entitled 
to one Senator. But that district, or county, may hereafter be divided. 
The city of Charleston cannot be divided, and on account of her popula- 
tion, and her influence in the State, she should be entitled to two Sena- 
tors at least. 
^^ Mr. J. J. WEIGHT. T think there is foundation for the amendment 
of the gentleman from Charleston (Mr. BOWEN), but I would pi-efer it 
in a different shape. I think it no more than light and proper that some 



OOSSTITUTIUNAL CONTENTION. 36» 

?:ii'OVisloxi ought to be made for cities. I propose the foUowiag amend- 
saaent. 

"■* The Senate shall b© fomposcd ot' ■one member from eaeli eoiiaty or 
«ity designated as a county, bat whenever the popubitioti of any city 
-de^gnated as a county, sliall be two-thirds greater than that of aiir 
'Other city or county, such city shall be entitled to two Senators. 

Mr. N. G. PARKER. I concur with the views of the gvntleman from 
Beaufort. I think we should encourage, by all means, the growth and 
prosperity of all cities. The great pride of the State of New York is its 
.:great city, and the great pride of Massachusetts is Boston. If there 
was anything we can do justly to encourage the growth and prosperity 
of cltios, we should regard it as their highest privilege and duty lo do 
so. Charleston is the only great and leading city of South Ouroiina. 
Her large property interests and increasing population entitles her to a 
larger representation than one of the little counties of the up country. 
I think the amendment offered by the member from Beaufort (Mr. J. J. 
WRIGHT) covers the whole ground. I had intended to allude to it, 
and to speak also of Columbia, Georgetown, and other growing cities of 
the State. 

Mr. J. S. CRAIG. I am willing to concede that e%'ery city in the 
State, and every district, ought to have a fair, just and equitable I'epre- 
sentation in the Senate. If Charleston is entitled to six Representatives 
in the Senate according to population, I am willing to give it to her. But 
I want every district represented according to its population. But I do 
not see why Charleston should have two Senators when Colleton, with a 
larger populatioQ, has but one. My amendment proposes to give every 
district representation according to population. 

Mr. J. M. RUTLAND. I rise to sanction the amendment of the gen- 
tleman from Charleston (Mr. BOWEN). Charleston always had two 
Senators, and I think it was only an oversight of the Legislative Com- 
mittee that such a provision was not inserted in their report on this mat- 
ter. I think we should cherish our cities, and allow them a just repre- 
sentation in both branches of the Legislature. It is almost impossible 
that one Senator could represent the valued interests of a large city. 

Mr. C. P. LESLIE. All matters of representation in Republican forms 
of Government is based upon population. But there are other interests 
tending to G.S. and secure reasonable representation. The diversified intt r- 
ests of Charleston and its large amount of wealth, convinced people in tim<-^s 
past that it was manifestly proper, just and right, that these diver- 
sified interests and this large capital should be protected by propei^ rep- 



SW PROCEEDINGS OY TH£" 

resentation iu the Senate of the State. For this; reason I propose fcvrote 
in favor of Charleston having two Senators. 

I do not claim to h& a statesman, nor the son of a statesnian^ hut a. 
statesman, I have been told, endeavored so to legislate as to reconcile 
conflicting interests to all concerned, and particularly ]X)liticians. I beg 
my friends, and particularly the naember from Richland (Mr. NASH), 
to btsar in mind the suifering condition of the politicians of Charleston^ 
and remember them in mercy. I would commend theni to their charita- 
ble consideration, remembering always they o^^ght not to have a repre- 
sentative sacrificing the interests, glory, honor and renown which neces- 
sarily accrue from a larger representation in any office v/hatever. Re- 
member Charleston and its politicians, for at all times, in season and out 
of season, they are ready to fill all the offices in the State. I fervently 
pray our country memV>ers to remember the representatives of Charles- 
ton in their distress, to remember them in this Convention, and to 
remember that they always, on all occasions, have been the salvation of 
the country. I cannot go further with these prayers without forcing the 
tears from the delegates. In the language of the gentleman from Charles- 
ton, we should encouriHge the growth of Charleston; in the language of 
the gentleman from Fairfield, we should cherish our cities ; in the lan- 
guage of the gentleman from Colleton, who is another suffering individual, 
whose population numbers 4*2,000, with, he might have added, a very 
large and increasing population of snakes, frogs, lizards and alligators, 
we should make representation according to population. I do appeal tO' 
the members from the up country, for God's sake, remember Charleston. 
Mr. F. J. MOSES, Jr. It was not my intention to take up the time of 
the Convention on this subject, but after the remarks of the member 
from Barnwell (Mr. LESLIE), I fear this great and important matter 
has lost that serious aspect in which it deserves to be treated Many a 
true word is said in jest, and though he has attempted to burlesque with 
that remarkable wit for which he is so distinguished, I hope no one will 
be influenced by the jest or burlesque of any member in considering this 
matter I hope they will view it in the serious aspect it deserves. As a rep- 
resentative from the up country, I appeal earnestly and sincerely to every 
one of my fellow delegates to remember that the city of Charleston is 
entitled to our serious consideration. I beg them to remember that this 
city, saving within the last few years, has had an honorable record as a 
portion of our State. We should remember her greater diversified in- 
terests, her commerce, her shipping, the taxes she pays, and I would ask 
are we prepared to strike at that portion of the State which has reflected so 
much credit upon them as a thriving, prosperous community? If we 



^CONSTITUTIONAL CONTENTION S-Tt 

uxe prepared to do that^ as memV>evs frnra the up couutrv. 1 am nol; pre- 
?pared to act with them. I came here to benefit Charleston as much as 
aiiv other part of tho Sfate. 

I had hopfd that the dead past would be allowed to bury the differ- 
'ances of the past. I had hoped that the series of misfortunes that had 
^iome upon the people, with all the disasters of the war, would terminatn 
•all those unpleasant, unbrotherly differences which have existed between 
the up and low country- No more auspicious occasion for banishing 
these old unfriendly feelings offered, than on the floor of this Eecon- 
struction Convention. We are here to work together for the honor, the 
glory, welfare and prosperity of the whole State. 

It had been said that Oliarleston is very anxious to fill all the offices. 
That, too, might be true ; but I have no doubt the gentleman from Barn- 
well district (Mr. LESLIE) would like very much to fill any office coming 
within his grasp. Looking at the poor old city, with her crumbling 
walls, the wealth of her citizens wrested from them, as representatives 
now legislating for the whole State of South Carolina, could they consent 
to make one stab at the grand old city b_y the sea. I hope every meui- 
ber may brinsc himself strictly to the important question, 'is the city of 
Charleston entitled to two Senators ? " Is it the desire of any member 
to strike at the future wealth and prosperity of Charleston? I cannot 
believe that such a feeling can exist here. Look at the poor old city, 
with her crumbling walls ; think of tlse wealth lost and wrested from her 
grasp. As representatives, I deem it our duty to legislate for the whole 
State, and d*; all in our power to restore this proud commercial metn»- 
polis. 

Mr. J. D. BELL. I am in favor of conforming the practice in the 
election of State Senators to the regulations as laid down in the Con- 
stitution of the United States. It has been said that in the representa- 
tion of the United States Senate, States could not be divided. Virginia 
has been divided and Texas is to be divided We must remember there 
are two, or perhaps more districts which have a greater population than 
Charleston. I will cheerfully vote for some districts, having one-fifth 
or less number in population than other districts, having the same num- 
ber oi Senators as other or larger districts. The question of population. 
I consider, has nothing to do with it. The former state of things ha.« 
been referred to. We are not acting on the former basis. Our old 
Constitution says representation shall be divided according to the wealth 
of the inhabitants. One-half of the representation was then founded uu 
wealth. It was not enough for tlie old politicians that they had a repre- 
sentation in the Congress of the United States for three fifths of their 



ar-^a* proceedings of the: 

slaves, but tTipy adopted ?. Mmilar rule at home, and one-Lalf of tReir 
prop^rtj was i-epre^entec] in the State Legislature. I hope the time has. 
passed for hasing representation on property, and' that we will require no 
property qualifioations for a man to be an elector. I think it unjust to- 
my constitiienta that they should have but one Senator, having the same' 
or greater population than Charleston, and a larger territory, with 
greater diversified interests than a small territory possibly could have. 

Mr. F. li. CARDOZO. Do you think that a hirger rural territory^ 
consisting of large plantations, has more diversified interests than a 
commercial city containing 50,(K>0 inhabitants. 

Mr. J. D. BELL. There are distri(;ts consisting of cities and country 
plantations, and necessarily with the connections between them, there* 
must be other intere.sts than those in a city without the country. I hope 
the amendment will be adopted. 

Mr. T. J. COGHLAN. I differ with my colleagiie (Mr. MOSES) on 
this subject. He says he comes here not as a representative of any par- 
ticular interest of the State. I canje here as a representative of the up 
country in general, and that of Sumter in particular. But while I am 
proud to say that, I have as strong and ardent a feeling for my native citjv 
Charleston, as any man in the State. But now I feel it encumbent upon 
me to represent the interests of my district alone, and if the interests of 
the up country are represented properly, the city of Charleston cannot 
fail to prosper. We all labor for the prosperity of our State, and as 
regards our representation, I think she has her full quota. In former 
days the low country swayed and influenced the power of the State en- 
tirely. A few simple parishes, with a white population only sufficient for 
a small tea party, were represented by one or two Senators. I hope the 
amendment of the gentleman from Charleston (Mr, BOWEN) will not 
succeed, not from any prejudice or ill feelings towards the ci;y of Charles- 
ton, but on the ground of strict justice. 

Mr. B. F. EANDOLPH. I hope the amendment of the gentleman 
from Beaufort will prevail. It seems to be fair and just. It will secure 
justice to all the districts and cities in the State. I understand that 
amendment to be this, that when any city or county shall have one- 
third more population than any other city or county, then such city or 
county shall be entitled to two Senators. We all hope that South Caro- 
lina is growing and will continue to increase in population. 

Mr. E. W. M. MACKEY. She has not more than one-third the popu- 
lation than Berkley. The proposition of the gentleman from Beaufort 
is a mere blind. It says when any county or town has one- third more 
population than any other, then that town or county shall be entitled to 



CONSTITUTIONAL CONVENTION. 393 

two Senators. If, for instance, Beaufort County lias one-third more, she 
ivill be entitled to two Senators. 

Mr. A. C. RICHMOND. I would like to know if the proposition of 
the gentleman from Beaufort will not prevent any county from being 
divided. 

Mr. B. F. RANDOLPH. There is nothing in the amendment pre- 
venting the division of a district if the Legislature deem it proper. 

Mr. W. J. WHIPPER. I have not the slightest objection to Charles- 
ton having two Senators, but hope if it is done it will be upon the prin- 
ciple that would give the same number to any other city or county with 
the same number of inhabitants. I do not see that the amendment does 
anything of the kind. It proposes to give an additional Senator to 
Charleston or any other city or county that has one-third more popula- 
tion than any other city or county. If there are now in the county of 
Charleston, county of Colleton and Beaufort a population so nearly equal 
that neither of them would have one- third over the other for the next 
ten years, neither Charleston nor those districts would have an addi- 
tional Senator. 

Mr. B. F. RANDOLPH. Do you not propose to ask for the division 
of Beaufort District. 

Mr. W. J. WHIPPER. I am not prepared to answer that question. 
I know not whether the people of Beaufort District will favor such a 
petition in sufficient numbers, nor are we to legislate with any view of 
what may happen. If Charleston is entitled to two Senators, give her 
two Senators, and do it on a basis that will give other counties the same 
privileges upon having the same number of inhabitants. I move that 
the amendment be indefinitely postponed. 

The PRESIDENT. The first amendment in order is that of the 
gentleman from Charleston (Mr. C. C. BOWEN), to add the following 
words : " except the County of Charleston, which shall be allowed two 
Senators." 

Mr. J. S. CRAIG called for the yeas and nays. 

Mr. L. S. LANGLEY. I desire to set myself right. It has been 
said some gentlemen had some ill feeling toward Charleston. I for one 
am divested of that prejudice. I know that a sectional feeling has ex- 
isted in South Carolina, but hope that it does not exist in this body. 
But when gentlemen rise and ask that Charleston should have a greater 
number of Senators than the County of Pickens, Lexington, Richland, 
o;- other counties in the State, I do not think it is justice. So long as 
representation is based on the political divisions of the State, I see no 
reason why Charleston is entitled to representation based on wealth, or 
48 



371 PROCEEDINGS OF THE 

population. What are the interests of ^'harloston ? Thej are mercan- 
tile ; and it has been claimed because she has that interest she is enti- 
tled to an extra Senator. I claim that the interests of the rural districts 
are no less than the mercantile interests of Charleston. What would 
become of the mercantile, if it were not for the rural planting interests 
of the State protecting it ? Are not the planting interests entitled to 
just as much protection ? Gentlemen have risen and alluded to and 
deplored the sectional feeling that is exhibited. I claim that it is only 
sectional feeling that induced the gentleman from Charleston to offer his 
amendment. Hitherto in the history of this State, Charleston has been 
in the habit of taking and handling the rest of the State just as she 
wished. She has imagined herself to be South Carolina. It is the old 
love of power that makes her come up here and ask gentlemen from the 
rural districts, representing the agricultural interests of the State, to 
increase her power and give her a greater representation than Pick- 
ens, Lexington, Darlington or Laurens, because of greater wealth or 
population. Other counties in the State that have a larger population do 
not ask for it. Berkley has a larger population. While I am willing 
to do justice, 1 am decidedly opposed to making Charleston the pet of 
the State. If the amendment is agreed to, making population the basis 

of representation, I am in favor of it. 
« 
Mr. C. C. BO WEN. So much has been said with regard to the up 

country and low country. I wish to add a few words. I have already 
stated the Legislative Committee have made certain alterations. They 
had proposed to change the names of the districts into counties, and 
provided that any district having six hundred and twenty-five square 
miles could become a county. It is well known that there are but few 
judicial districts in the State but what could be divided, and even sub- 
divided. Well, the gentleman from Beaufort (Mr. L. S. LANGLEY) 
rises, and is loud-mouthed about justice and equality, and at the same 
time has been harping upon this floor with his proposition to get the dis- 
trict which he represents divided. The representatives of Beaufort said 
if Pickens District was divided, they would have a petition here in less 
than forty-eight hours to divide Beaufort. 

I would not have made this motion had it not been that Charles- 
ton, as a county, will be differently situated from the others. She can 
never be divided, for she has not six hundred and twenty five square 
miles. Beaufort, under this division, can go before the next Legislature 
and be divided into three counties. By that division they get three 
Senators. They admit the fact that the whole district has not the popu- 
lation of Charleston District. I fail to see the equity of this proceeding. 



CONSTITU riONAL CONVENTION'. 3^5 

If they liad said the city and county of Charleston can be divided, I 
would have kept ni}- seat, but they commence by saying your county 
never can be divided, and they lay down the proposition by which they 
can divide their county into three. In conclusion, I move that the sec- 
tion be recommitted to the Committee, with instructions to report when 
they report on the other section committed to them. 

Mr. J. J. WRIGHT. I hope the motipn to recommit will prevail. I 
agree with the gentleman from Charleston that she should have an extra 
Senator whenever the case demands it. If my amendment does not 
prevail I shall vote for two Senators for Charleston county. The object 
of my amendment was simply to give the city of Columbia, or any other 
city, the same right and immunities as those possessed by Charleston. 

The motion to recommit was withdrawn and the question was then 
taken ou the adoption of the amendment. 

The yeas and uays being called for, weie taken, and the amendment 
adopted by the folio vving vote : 

Yeas — The President, Messrs. Becker, Bowen, Bonum, Brockenton, 
Bryce, Byas, R. H. Cain, Camp, Cardozo, Chamberlain, Delarge, Dick- 
son, Dogan, Duncan, Elliott, Goss, Gray, Harris, J. N. Hayne, C. D. 
Hayne, H. E. Hayne, Humbird, Hurley, Jacobs, Jervey, Jillson, J. W. 
Johnson, Dr. L. B. Johnson, C. Jones, George Lee, Leslie, E. W. M. 
Mackey, Mauldin, W. J. McKinlay, Wm. McKinlay, A. Middleton, Miller, 
Millford, Moses, Jr., Neagle, Newell, Olsen, Parker, Pillsbury, Rainey, 
Ransier, Richmond, Rose, Rutland, Shrewsbury, B. A. Thompson, 
Thomas, Viney, Whittemore — 55. 

Nays — Allen, Alexander, Arnim, Bell, Burton, F. J. Cain, Coghlan, 
Clinton, Cook. Corley, Craig, Crews, Darrington, Davis, Driffle, Edwards, 
Poster, Gentry, Henderson, Holmes, Jacobs, S. Johnson, W. B. John- 
son, W. E. Johnston, Joiner, Langley, S. Lee, Mead, Nance, Nash, 
Mickles, B. Owens, Randolph, Rivers, Robertson, Runion, Sanders, Sas- 
portas. Smalls, Stubbs, Swails, A. Thompson, S. B. Thompson, Whipper. 
White, Williamson, P. E. Wilder, C. M. Wilder, Wingo, Warley, 
Wright— 61. 

Absent — Boozer, Chestnut, Collins, Dill. Donaldson, Hunter, Jenks, 
H. Jones, Lang, Lomax, Mayer, McDaniels, Nelson, Perry, Webb — 15. 

Mr. R. B. ELLIOTT moved to reconsider the vote by which the 
amendment was adopted, and to lay the motion for reconsideration on 
the table, which was agreed to. 

The eighth section then passed to its third reading. 

The PRESIDENT announced that the hour for the Special Order had 
arrived. 

The Special Order being the report of the Committee on Petitions, on 



316 PROCEEDINGS OF THE 

a petition to Congress for the loan of one million dollars for the ptirchasa 
of lands, was taken up. 

Mr. W. E. ROSE, Chairman of the Committee on Petitions, made the 
following report : 

The Committee on Petitions, to whom was referred the preamble and 
resolution relative to petitioning Congress for a grant of one million dol- 
lars to be appropriated for the purchase of lands in this State, ask leave 
to report that they have duly considered the same, and are of the opin- 
ion that the prayer of your petitioner should be granted, and that the 
President of this Convention be requested to transmit a copy of the pre- 
amble and resolution to the Congress of the United States at as early a 
date as practicable. 

W. E. ROSE, Chaii-man. 

Mr. C. D. HAYNE. I move that the report be adopted. 

Mr. C. P. LESLIE. I know that I am now going to say what possi- 
bly may be construed to be an unkind remark towards the colored 
people of the State. I know that the delegates here will probably not 
thank me for what I am going to say, but at all times, and in all places, 
when called upon to discharge my duty, I mean to do it irrespective of 
the temporary eifect it may have. If I say vote no for this re8olution,i 
the colored delegates will say he is hot the friend of our race or our 
people. A politician is a very cunning fellow. He sometimes looks one 
way, like a Whitehall boatman, and rows another. It is the fashion of 
bogus politicians to get tip resolutions that read and attract the wayfai 
ing man and the pilgrim to the wall and say, " see how I love my people. 
I have recommended a million of dollars to buy lands for the free people 
of the State. Is there any man who has sacrificed more, or done more, 
than I have, in season and out of season, for your welfare ? I have 
thought of you, and prayed for you, and when I took my position in the 
Convention, mindful as I have always been of your interests, I worked 
night and day until I framed a petition to Congress, which petition was 
offered to the house, and then, not contented, I went still further, and 
went before the Committee and urged it through there, to obtain a mil- 
lion of dollars for the relief of the people." At the same time that same 
gentleman, in his own heart a politician, knew that not one dollar of that 
money would ever be realized. But the wayfaring man and the pilgrim, 
and the poor man, think the politician has done them a great favor, but 
practically, he has done them no good. But it answers to get such men 
into office. It answers to give him great repute and possibly great glory, 
but of all the things in this world that I do abhor, it is these policy peo- 
ple, and the dishonesty and humbugs of politicians. If you ask a 



CONSTITUTIONAL CONVENTION. 377 

million of dollars ask it with the reasonable expectation that you are 
going to get it. But gentlemen here are tickling the fancy of the poor 
people of the State by petitions to Congress, that every sensible person 
from the coast of Maine to the Gulf of Mexico, well knows will not get 
a single dollar. I will not, for that reason, allow my name to be recorded 
in favor of fooling the people, or deceiving them for a moment. I ask 
now, seriously, our friend to look the figures in the face. The Treasury 
of the United States is called upon each month to make large disburse- 
ments of money, and I appeal to any well informed delegate, who has 
read the report of the Secretary cf the Treasury for the last month, if he 
has not read that report with feelings of sorrow and regret. 

Whenever I hear it said by a certain class of men, not friendly to 
their country, " ah, look, the money will soon be gone from the Trea- 
sury ; see how the public debt increased last month", I am pained. See 
how Congress has authorized a loan of $150,000,000, in order to keep 
up the credit of the country. Every one knows that the Treasurer is 
cramped to meet expenses, and has use for every cent he can get. 
This is strictly true. I have not spoken with an unkind disposition to 
any one, nor made any unkind allusion to any delegate. I am only try- 
ing to tell why we should not do so foolish a thing as to send up a peti- 
tion to Congress for one million of dollars when they have not a cent to 
to give, and from the very nature of the case it is utterly impossible to grant 
it. But, says the policy man, " why don't you vote for it; because, if you 
dare vote against it the people will say you are the enemy of the colored 
people. Congress will, probably, throw it in the waste basket, and that 
will be the end of it. Why don't you go with the people ? " Now, I 
am not here to humbug the people. The gentleman from Charleston, 
who presented that petition, in my judgment, if he knew anything about 
the condition of the Treasury, knew when he planned and wrote that 
petition, that it was all humbug. There is no more intelligent gentle- 
man upon this floor than that same delegate from Charleston, and when 
his mind is brought to bear to deceive the people, I have great apprehen- 
sion as to the future. I like to have my name, when it goes upon paper, 
go there with a reasonable expectation that I shall succeed. I shall be an- 
swered by the delegate by his saying, "we do not propose to take it out of 
the Treasury, but out of the Bureau Fund." But where in the world does 
the Bureau Fund come from if not out of the Treasury of the United 
States. But if the Bureau has the funds on hand, I wUl stake my 
existence, from what I know of that department and its officers, that that 
crowd will use up all the money, the freedmen to the contrary notwith- 
standing ; so that when you fetch it lio^ht home, it amounts to nothing 



3y§ PllOCEEDINGS OF THE 

more uor less than a cover to a proposition to see what the newspapers- 
would say about it — what the Northern people would say about it. They 
would say it means to take money out of the Treasury. 

It is a lamentable showing for the friends of the party that the Trea- 
sury of the United States is almost empty, scarcely able to pay the debts 
of the departments. I know the quartermaster-General has not had 
one dollar of his money for the last five weeks, and they have not been 
paid off at the Citadel, and everybody almost swearing against the Gov- 
ernment for their neglect. If that is the eondition of the Treasury, how 
can we expect to get this money. And if not, then the delegate has no 
right to ask me to let my name go upon such a paper. 

I have said all I desire without any unkind feeling to any one. God 
forbid I should throw any stumbling block in the way of those endeavor- 
ing to assist unfortunate humanity. But I will not add to their unfor- 
tunate condition a false and expected hope, that sounds well to the ear, 
but is fatal to the hope. Most of the colored people have hired out for 
the year, and any preparation made to day sounds well ; the petition 
recites "immediate relief," "something to do now," "a place, home, and 
habitation." Why, it would not be possible, if it were the purpose of 
the policy man, to give that relief in six months, so that so much of the 
petition of the delegate smacks of the politician and humbug, that I am 
sorr}' for my friend from Charleston, because he is a shining light. 

Mr. R. H. CAIN. I desire simply to state that the gentleman's pre- 
sentation of a de.sign to deceive for the purpose of misrepresentation, is 
entirely gratuitous. It may be that he is a shr