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. 0 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. 0 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. 0 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 shrewd, cunning, crafty
politician, as his argument certainly indicates, and having practiced pos-
sibly in the Legislature of New York, so many of those tricks of high
dudgeon that he is prepared to do it here. But I shall not further notice
what he has said on that score. I propose simply to state the fact that
I presented these resolutions and preamble with the best intentions. It
may be that he is so far removed from the interests of the poor, needy,
distressed and oppressed, that hig circumstances have been so far above
the millions of the distressed and poor that he cannot feel. He remindb
me very much of the rich man in Scripture, Dives, who it is said had but
little feeling for the poor man Lazarus, and, therefore, could not sympa-
thise with him until he found himself in my friend's (Mr. EANDOLPH)
place, Hades, lifting up his eyes in torment.
Mr. B. F. RANDOLPH. I beg leave to state that is not my place.
Mr. C. P. LESLIE. I would be willing to go to Hades, provided be-
gets the million dollars.
Mr. CAIN. I offer this resolution with good intentions. I believe
CONSTITUTIONAL CONVENTION. 3'3'9
there is need of immediate relief to the poor people of the State. I know
from my experience among the people, there is pressing need of some
measures to meet the wants of tho utterly destitute. The gentleman
says it will only take money out of the Treasury. Well that is the in-
tention. I do not expect to get it anywhere else. I expect to get th«
money, if at all, through the Treasury of the United States, or some other
department. It certainly must come out of the Government. I believe
such an appropriation would remove a great many of the difficulties now
in the State and do a vast amount of good to poor people. It may be
that we will not get it, but that will not debar us from asking. It is our
privilege and rigkt. Othor Conventions have asked from Congress ap-
propriations. Georgia and other States have sent in their petitions. One
has asked for $oO,000,000 to be appropriated to the Southern States. I
do not see any inconsistency in the proposition presented by myself.
Mr. C. P. LESLIE. Suppose I should button up my coat and march
up to your house nnd ask you for money or provisions, when you had none
to give, what would you think of me.
Mr. CAIN. You would do perfectly right to run the chance of getting
something to eat. This is a measure of relief to those thousands of freed
people who now have no lands of their own. I believe the possession of
lands and homesteads is one of the best means by svhich a people is made
industrious, honest and advantageous to the State. I believe it is a fact
well known, that over three hundred thousand men, women and children
are homeless, landless. The abolition of slavery has thrown these people
upon their own resources. How are they to Hve. I know the philoso-
pher of the New York Tribune says. " root hog or die;" but in the mean-
time we ought to have some place to root. My proposition is simply to
give the hog some place to root. I believe if the proposition is sent to
Congress, it will certainly receive the attention of our friends. I believe
the whole country is desirous to see that this State shall return to the
Union in peace and quiet, and that every inhabitant of the State shall
be made industrious and profitable to the State. I am opposed to this
Bureau system. I want a system adopted that will do away with the
Bureau, but I cannot see how it can be done unless the people have
homes. As long as people are working on shares and contracts, and at
the end of every year are in debt, so long will they and the country suffer.
But give them a chance to buy lands, and they become steady, industriouvs
men. That is the reason I desire to bring this money here and to assist
them to buy lands. It will be the means of encouraging them to indus-
try if the petition be granted by Congress. It will be the means of
meeting one of the great wants of tho pfcsent among the poor. It will
380 PROCEEDINaS OF THE
lay the foundation for the future prosperity of the country as no other
measure will at this time, because it will bring about a reconciliation in
the minds of thousands of these helpless people, which nothing else can.
This measure, if carried out, will bring capital to the State and stimulate
the poor to renewed efforts in life, such as they never had before. Such
a measure will give to the landholders relief from their embarrassments
financially, and enable them to get fair compensation for their lands. It
will relieve the Government of the responsibility of taking care of the
thousands who now are fed at the Commissaries and fostered in laziness.
I have gone through the country and on every side I was besieged with
questions: How are we to get homesteads, to get lands? I desire to
devise some plan, or adopt some measure by which we can dissipate one
of the arguments used against us, that the African race will not work. I
do not believe the black man hates work any more than the white man
does. Grive these men a place to work, and I will guarantee before one
year passes, there will be no necessity for the Freedraan's Bureau, or
any measure aside from those measures which a people may make
in protecting themselves.
But a people without homes become wanderers. If they possess
lands they have an interest in the soil, in the State, in its commerce, its
agriculture, and in everything pertaining to the wealth and welfare of
the State. If these people had homes along the lines of railroads, and
the lands were divided and sold in small farms, I will guarantee our
railroads will make fifty times as much money, banking systems will be
advanced by virtue of the settlement of the people throughout the whole
State. We want these large tracts of land cut up. The land is pro-
ductive, and there is nothing to prevent the greatest and highest pros-
perity. What we need is a system of small farms. Every farmer own-
ing his own land will feel he is in possession of something. It will
have a tendency to settle the minds of the people in the State and settle
many difficulties. In the rural districts now there is constant discontent,
constant misapprehension between the parties, a constant disregard for
each other. One man won't make an engagement to work, because he
fears if he makes a contract this year, he will be cheated again as he
thinks he was last year. We have had petitions from planters asking
the Convention to disabuse the minds of the freedmen of the thought
that this Convention has any lands at its disposal, but I do desire this
Convention to do something at least to relieve the wants of these poor
suffering people. I believe this measure, if adopted and sent to Con-
gress, will indicate to the people that this Convention does desire they
shall possess homes and have relief.
CONSTlTUnOXAL CONVENTION. 381
Some of my friends say that the sum is too small, aad ask why I do
not make it more. I made it a million, because I thought there would
be more probability of getting one million than fivni. It might be put
into the hands of the Bureau, and I am willing to trust the Bureau.
Mr. C. P. LESLIE. I did not charge upon Gen. Scott, or any officer
of the Bureau dishonesty, and I do not wish it so put in the report that
I did, nor have it published in the newspapers. What I intended to
show was, that if they got into their hands any sum of money they knew
well how to get rid of it.
Mr. E. C. DeLARGE. Was not the gentleman a distributor of coin '?
Mr. C. I'. LESLIE. I did that without one dollar of compensation,
while the Bureau agent was paid one hundred and fifty dollars per
month.
Mr. R. II. CAIN. I do not desire to have a foot of land in this State
confiscated. I want every man to stand upon his own character. I want
these lauds purchased by the government, and the people afforded an
opporttinity to buy from the government. I believe every man ought
to carve out for himself a character and position in this life. I be-
lieve every man ought to be made to work by some means or other, and
if he does not, he must go down. I believe if the same amount of
money that has been employed by the Bureau in feeding lazy, worthless
men and women, had been expended in purchasing lands, we would
to-day have no need of the Bureau. Millions upon million% have been
expended, and it is still going on ad infinitum. I propose to let the
poor people buy these lands, the governn^a^t lo be paid back in five
years time. It is one of the great cries of the enemies of reconstruc-
tion, that Congress has constantly fostered laziness. I want to have the
satisfaction of showing that the freedmen are as capable and willing to
work as any men on the face of the earth. This measure will save the
State untold expenses. I believe there are hundreds of persons in the
jail and penitentiary cracking rock to-day who have all the instincts of
honesty, and who, had they an opportunity of making a living, would
never have been found in such a place. I think if Congress will accede
to our request, we shall be benefited beyond measure, and save the
State from taking charj^e of paupers, made such by not having the means
to earn a living for themselves.
I can look to a part of my constituency, men in this hall, mechanics,
plasterers, carpenters, engineers, men capable of doing all kind of work,
now idle because they cannot find any work in the city. Poverty stares
them in the face, and their children are in want. They go to the cotton
houses, but can fiud no labor. They are men whose honesty and integ-
49
382 PROCEEDINGS OF THE
rity lias never been called in question. They are suffering in consequence
of the poverty-stricken condition of the city and State. I believe the
best measure is to open a field where they can labor, where they can
take the hoe and the axe, cut down the forest, and make the whole land
blossom as the Garden of Eden, and prosperity pervade the whole land.
Now, the report of Major Grenerul Howard gives a surplus of over
seven millions in the Freedman's Bureau last year. Out of that seven
millions I propose we ask Congress to make an appropriation of one
million, which will be properly distributed and then leave several mil-
lions in that Department, ray friend from Barnwell notwithstanding.
I think there could be no better measure for this Convention to urge
upon Congress. If that body should listen to our appeal, I have no
doubt we shall be benefited. This measure of relief, it seems to me,
would come swiftly. It is a swift messenger that comes in a week's
time after it is passed ; so that in the month of February or March the
people may be enabled to go to planting and raising crops for the en-
suing year. One gentleman says it will take six months or a year, but I
hope, with the assistance of the Government, we could accomplish it in
less time.
Mr. C. P. LESLIE. Did you ever see the Government do anything
quick ?
Mr. R. H. CAIN. They make taxes come quick. If this ineasure is
carried out, th5 results will be that we will see all along our lines of rail-
road and State roads little farms, log cabins filled with happy families,
and thousands of families comttJg on the railroads with their products.
There will also spring up depots for the reception of cotton, corn and all
other cereals. Prosperity will return to the State, by virtue of the peo-
ple being happy, bound to the Government by a tie that cannot be
broken. The taxes, that are so heavy now that men are compelled to sell
their horses, will be lightened. I want to see the State alive, to hear the
hum of the spindle and the mills. I want to see cattle and horses, and
fowls, and everything that makes up a happy home and family. I
want to see the people shout with joy and gladness. There shall then
be no antagonism between white men and black men, but we shall all
realize the end of our being, and realize that we are all made to dwell
upon the earth in peace and happiness. The white man and the black
man may then work in harmony, and secure prosperity to all coming
generations.
Mr. G. PILLSBURY. I rise prebably with the liability of being taken
from the wall by the unique, remarkable artist from Barnwell. I may
be charged with being one of those tricky, scheming politicians who
CONSTITUTIONAL CONVENTION. 3§3
like to be hung in effigy. But if I am charged with being a politician,
I aver to this Convention that I have been a very unsuccessful one. It
has been for thirty years one of the leading motives of my life to ask
those who have to give in behalf of those who have nothing. I have
often petitioned those who had money, and did not get it. 1 have often
petitioned those who had no money, and, of course, did not get it ; and
on the whole, as a petitioner, my life has been a success ; but as a politi-
cian, an utter failure. I ought to have learned twenty years ago
that lesson, and have changed my course of life. The great objection
which the gentleman from Barnwell urges to this petition is that we are
making fools of ourselves, making a petition with a certain knowledge
that it would be in vain, and that it would not be granted. I would ask
him what he would say to a proposition by this Convention to petition
Congress to spend seven millions for an iceberg. He would call us
fools undoubtedly and politicians, and yet the Government has funds
with which to purchase that iceberg. Again, we might be called fools
for purchasing a volcano, yet Government has funds to purchase a
volcano.
Mr. C. P. LESLIE. Did Government buy it because it was an ice-
berg, or a volcano? Did they buy an iceberg because it was an ice-
berg? No, sir. They bought it on account of its geographical location
to this country, because it is necessary as a frontier. All I claimed was,
when you knew in advance that Congress would not give a dollar in
money, all this palaver is deception and a fraud on those you deceive.
I will not be made a tool of in such a way. I am willing to vote any
amount of money raised on the credit of the State.
Mr. G. PILLSBURY. I wish to bring forth this fact : The gentle-
man stated there was no money in the Treasury, and that the Govern-
ment had no money to appropriate for any purpose, still it is patent the
Government has purchased a volcano, and for all I know will yet pur-
chase a thunder cloud. I speak of what the Government has done,
without regard to debts. It seems to me this petition is a reasonable
one. Congress has entrusted a great and priceless boon to the colored
race. They have set them free. But is it just on the part of the Gov-
ernment, having done this great act, to leave them where they are. It
is like marching them in solid phalanx before a well stored commissary
and keeping them in anxious expectation through the day, while the pro-
visions are being carried out to their former masters.
Mr. C. P. LESLIE. Secretary Seward contracted for Walrussia, and
agreed to pay so much money for it. Congress refused to pay the
money because they did not have the money to pay for it. Don't you
3§4 PROCEEDINGS OF THE
know the fact that Congress said in so many words that thej could not
take Walrussia because they had not a dollar to pay for it.
Mr. G. PILLSBTJRY. I understand the reason Congress refused to
purchase was- because it was an iceberg. I could place a picture upon
the wall if I were an artist, which might or should touch the heart of
the artist from Barnwell. Four millions of people set at liberty, thrown
wholly upon their own resources, through the action of the Govern-
ment, and with not one foot of soil upon this earth 1o claim as their
own. There is a picture I wish the gentleman from Barnwell to con-
sider. This is a reasonable proposition. This class of people are the
wards of the Government, and they are bound in good faith, having
brought them thus far out of Egypt, to advance them still further into
the promised lan4, and, if properly addressed, I have no doubt they
will be ready to accede. I understand the Government has already sent
money liberally into this State. If I am not wrongly informed, thero
are $600,000 already sent into the State. But how was that money ex-
pended? Who is to be benefited by it? If the benefactions of the
North are hereafter to be expended as they have been heretofore, that
money will be expended in repairing the dilapidated buildings of plan-
ters, in purchasing horses and carriages to contribute to their comfort,
and place them, in some degi'ee, upon the old standing which they once
occupied. Very little, indeed, will the thousands and tens of thousands
of colored people receive from that six hundred thousand dollars appro-
priation. It will all go, or the most of it will undoubtedly go to their
old masters, and I leave it to the Convention to decide to what appro-
priation they will be likely to apply it.
But this, as I said, is a practical question. It is a question of fur-
nishing homes. What can a people do without homes ? What can a
people do out of doors, who cannot advance one yard on the earth with-
out asking permission of some lord of the soil ? They are in a pitiable,
helpless, wretched and desperate condition. It cannot be doubted that
there are large quantities of land in this State which can be purchased at
a very cheap rate. I know when the war closed, and for a longtime after,
a colored man could not purchase an acre of land in this State if he had
covered it with greenbacks. Thank God it is not so now. 'A colored
man, if he has any money, can ob*^ain land. But he has not the money,
and you all know why he is so poor. It is not mainly his fault.
This is a simple petition to the government to contribute still further
to carry out the work which cost them millions upon millions to accom-
plish and carry on thus far. It is a reasonable proposition, and I be-
lieve Congress will be influenced by such a petition. I need not speak
CONSTITUTIONAL CONVENTION. 3§5
of the great benefits au appropriation of this kind would have upon this
people. In conclusion, at the risk of being displayed upon the wall
as being a politician, I cannot at this time of life, and under the cir-
cumstances in which I am placed, recede from the old beaten path which
I have been unable to tread successfully for the last thirty years.
Mr. C. P. LESLIE. I am getting in good humor. It is now at this
time when I have the kindest feeling „ towards all those people behind
that railing who stand there ; with what little perception I have, with
what little knowledge, I assert that time will prove that the petition
offered, and the addresses made here to-day, were most inopportune.
These addresses have been listened to by a large concourse of specta-
tors, and have held out to them that within a very short time they are
to get land. We all know that the colored people want land. Night
and day they think and dream of it. It is their all in all. As these
men retire from the hall and go home, the first thing they do is to an-
nounce to the people "joy on earth, and good will to all mankind." We
are all going to have a home. The}' will say bless God, and pray that
the hour will be soon. Brother CAIN has actually got up a petition,
and it has passed the Convention, and what that Convention does it
must stand, there is no use talking. Wo are certain to all get some
land in a very short space of time. I know how I would feel if I was
placed in the condition in which they have been. And when I know as
they know, that without land a race of people, four millions in number,
travelling up and down the earth without a home are suffering, I cannot
})ut denounce those who would, for political purposes, add to their misery
by raising expectations that could never be reaUzed. The gentleman
from Charleston (Mr. E. H. CAIN), knew when he offered the resolution
and petition he would never get a dollar. Is it right to raise the hopes of
these people to have them again dashed to the earth, and made ten fold
more miserable ? I tell you you will never realize that loan.
The present financial embarrassment of the State has been a subject
of much concern. We have a few dollars of bills receivable. The mat-
ter has been under consideration, and we have studied some plan to
raise money. We have consulted as to whether or no Congress would
make a loan, and I think those on this floor who have studied and ex-
amined the subject most, after obtaining every opinion they could get
upon the subject, have arrived at this one conclusion, that we cannot
get a dollar of money, whether for the freedmen or for ourselves.
Let us have a little more light upon the subject. Parson French,
who, it is well known, has the welfare of the colored people at heart,
did go to Washington and portrayed to leading Senators and members
3§6 PROCEEDINGS OF THE
of Congress the terrible predicament of the colored people in the State.
He said that cotton had sold so low that all the people were poverty-
stricken. The white people, he told them, were not able to plant, and
there being- no necessity to employ laborers, the colored people were
turned out of house and home, and he begged them to loan the people,
or the State, a million of dollars. Their answer was, " Mr. French, for
God's sake, send up no petitions for money, for we cannot give one dollar.''
Now, I say, there are gentlemen upon this floor who understand this
thing precisely. I am honest and sincere in my desire to do anything
practicable, and would go as far to serve the colored people as the gen-
tleman from Charleston, but I will do nothing, even at the risk of my
political position or otherwise, that I know will be a snare. Why should
we deceive this people ? Why allow them to return to their homes and
scatter widely through the State that they are going to get a home'?
Each one tells the other and they tell forty more, and so it goes on
causing untold mischief and exciting false hopes among the freedmen.
The President, but the other day, directed the attention of the house to
a letter received by General Scott, reciting the fact that certain freed-
men, who have been working upon a plantation in Berkley district,
refused to contract or to do anything until this Convention adjourned,
and the owner had to appeal to General Scott to instruct the freedmen, and
in accordance with his request, a resolution was passed informing the
freedmen that the Convention had no lands at their disposal.
The hour of half-past two having arrived, the Convention adjourned .
OONSTITUTIONAL CONVENTION. 381
T\^^E:N^T Y-BEVlilNTH DAY.
Saturday, February 15, 1868.
The Convention assembled at half-past 10 A. M., Saturday, and was
called 1o order by the PRESIDENT.
Prayer was offered by the Eev. 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 called for reports of Standing Committees.
Mr. E. W. M. MACKEY, of the Committee on the Legislative part of
the Constitution, reported the following, which was read a first and
second time and ordered to be printed :
Section ii. The Judicial Districts shall hereafter be designated as
Counties, and tLe boundaries of the several Counties shall remain as they
are now established, exce^^t the County of Pickens, which is hereby di-
vided into two Counties, by a line leaving the southern boundary of the
State of North Carolina where the White Water river enters this State,
and thence down the centre of said river, by whatever names known,
to Ravenel's Bridge, on Seneca river, and thence along the centre of the
road leading to Pendleton Village, until it intersects the line of the Coun-
ty of Anderson ; and the territory lying East of said line shall be known
as the County of Pickens ; and the territory lying West of said line shall
be known as the County of Oconee ; and except, also, the County of
Charleston, which is hereby divided into three Counties, viz : The Coun-
ty of Charleston, to be composed of the late Parishes of St. Philip and
St. Michael ; the County of Berkley, to be composed of the late Parishes
of St. Thomas and St. Dennis, St. James' Santee, St. Stephen's, St.
John's Berkley, Christ Church and St. James' Goose Creek ; and the
County of Edisto, to be composed of the late Parishes of St. Andrew's,
St. John's Colleton, including Fenwick's Island, and all adjacent Islands
as far South as the northern boundary of the County of Beaufort ; and
these three Counties shall constitute one Judicial District, the Court
House and Jail of which shall be in the city of Charleston ; Providedy
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 boun-
daries of any of the old ones ; but no new County shall hereafter be
formed of less extent than six hundred and twenty-five square miles, nor
>»hall any existing Counties be reduced to a less extent than six hundred
and twenty-five square miles. Each County shall constitute one election
district.
Mr. B. F. RANDOLPH, from the Committee on the Miscellaneous
Provisions of the Constitution, submitted the following reports, which
were adopted :
3§8 PROCEEDINGS OF THE
The Oommittee on the Miscellaneous Provisions of the Constitution,,
to whom was referred certain resolutions concerning corporations, havfr
had the same under consideration, and beg leave to report that they
have decided to incorporate the principles of those resolutions in their
report upon corporations. All of which is most respectfully submitted.
B. F. EANDOLPH.
The Committee on the Miscellaneous Provisions of the Constitution, ta
whom was referred certain resolutions concerning charitable institutions,
have had the same under consideration, and beg leave to report that they
have decided to incorporate the principles of those resolutions in tlieir
report upon charitable institutions. Respectfully submitted.
B. F. EANDOLPH.
The Oommittee on the Miscellaneous Provisions of the Constitution,
to whom was referred certain resolutions declaring that all ferry char-
ters, grants, and exclusive privileges, that may have been heretofore
granted, null, void, and of no effect, after the assembling of the Legisla-
ture under this Constitution ; also, that it shall be obligatory on the
Legislature to grant a charter for any proposed railroad, when said char-
ter shall be applied for by any twelve respectable citizens of this State,
have had the same under consideration, and beg leave to report that in
the opinion of your Committee it is inexpedient for this Convention to
take action in the premises, and they respectfully recommend that the
resolutions be laid on the table. Respectfully submitted.
B. F. RANDOLPH.
Mr. B. F. WHITTEMORE, from the Committee on the BHl of Eights,
submitted the following report, which was agreed to : ^
The Committee on the Bill of Eights, to whom was referred the reso-
lution by the delegate from Newberry, that
" The Legislature shall enact such laws as it may seem necessary and
proper to prevent the carrying of concealed and deadly weapons,"
Beg leave to report that they considered the subject, and concluded
that it will be more proper for action to be passed upon it in the Legis-
lature, and therefore recommend that the resolution be laid on the table,
and the Committee discharged from its further consideration.
B. F. WHITTEMORE,
Cliairman Bill of Rights.
Mr. C. P. LESLIE, from the Auditing Committee, presented the ac-
count of the Southern Express Company and the following report, which
was agreed to :
We recommend that the within bill be paid in bills receivable at 80
cents, making bill amount to $37. 5f).
Mr. THOS. J. ROBERTSON submitted the following resolution, which
was referred to the Committee ol the Judiciarv :
CONSTITUTIONAL CONVENTION. 3§9
Resolved, That the Geuerul commanding this Military District be re-
quested to issue an order, applicable to the State of South Carolina,
authorizing any Attorney, Solicitor or Counsellor, admitted to practice in
the Courts of the United States, or in any Court of Record in any State,
and resident in this State, to appear and practice in all the Courts of this
State.
Mr. R. H. CAIN called for the unfinished business of yestei'day.
The PRESIDENT announced the unfinished business, the considera-
tion of the report of the Committee on Petitions in relation to the loan
of one million dollars, to be asked for from the Congress of the United
States.
Mr. C. P. LESLIE, who had the floor when the Convention adjourned
Friday, resumed his argument against the measure. He apologized to
the Convention for taking up so much of their valuable time. From
the general information and opinion of most people, that there was no
money in the Treasury of the United States by which Congress could
possibly make the loan, he thought, had the question been put at once,
the world would say thei^e should have been no argument, but the pro-
position voted down at once.
But that was not the real question before the house. The I'eal ques-
tion, when practically stated, was how far the Republican party of South
Carolina will tolerate demagogism. Tliat was the question in one of
its phases. The second phase was, how much political capital could he
(the mover of the petition. Rev. R. H. CAIN) make out of a petition
that everybody and the world knew would not bring a dollar for the
relief of the people. If the mover of the resolution had, in his argument
in support of the measure, shown that there was a reasonable probability
that the loan could be obtained if the petition passed the Convention, I
would not have said a word. But his argument was an appeal to the
passions of the colored people of the State. He undertook to hold out to
them the probabilities of their getting land, and told them they were en-
titled to it, that it was just they should have it. He saw among the crowd
of spectators behind the railing, the artizans, the working men, he saw
laborers and farmers, and he appealed to them and their passions, and
not to the good sense of the house. It then became clear, to my mind
that the member from Charleston (Rev. R. H. CAIN), from the way he
handled the subject, proposed to make political Capital for himself, and
had he not taken that course, I would not have said a word. As I have
previously said, the social position of the mover of the petition, among
the colored people of Charleston, is the only unfortunate feature of the
case. I am sorry to see that a delegate from Charleston, who stands so
50
g90 PRUCEEDIXGS OF THE
well, so high in the ooaimuuity, bi)th for respectability and honor, whose
motto is to do right, " though the hoavens fill' — a man so intelligent as
he is, offer a resolution or petition upon which he knew not one dollar
could be obtained, and that it was offered only for political effect.
Mr. R. H. CAIN rose to a question of piivilege. He did not think
the gentleman had a light to impugn his motives. He thought it un-
kind and gratuitous.
Mr. C P. LESLIE disclaimed any intention of impugning the n\o-
tives of the delegate from Charleston. I regard every question of
State, or that concerns the people of the State, a political question ; and
when I said the member did certain things for political capital, I did not
mean to impugn his motives. A man has a right to establish a reputa-
tion for honesty, and a character for energy and zeal in behalf of his
people, and there was no way in the world of establishing it except in
the way that politicians do establish it. Therefore, when I said the dele-
gate from Charleston did this for the purpose of obtaining political
capital, I did not say that it was dishonest.
Political questions are of two kinds : First, practical questions ; second,
impracticable. Impracticable questions are those questions of finance
that appear from time to time in political society, gnch as the raising of
funds to defr^iy the expenses of the State, to carry on the government,
and for a thousand different purposes, which from time immemorial have
been presumed to be necessary to carry on the ordinary business of the
government. They excite no great wonder, or cause any great shouts
of applause from the popula'?e. They are simply practical questions.
There is another kind of political question called impracticable. These
are what the devil uses as instruments to make demagogues. These
demagogues are of two kinds ; the shrewd, calculating knave, who pos-
sesses the necessary status, skill, ingenuity and interest, to prepare his
political acts so as to appeal sufficiently to the prejudices of the people
as to deter honest men from opposing the schemes for fear of politi-
cal death. The second class of demagogue.s are those who have less
sense, and, consequently, are not so dangerous. To the first class, I pro-
pose to say a few kind remarks before I take my seat. First, could this
money have been obtained from Congress would it have been right to
have taken it ? I did not discuss that question yesterday, but I have
shown by facts and figures that this money can not be obtained from
Congress, and it is notorious to every man capable of reading the news-
papers that it is an impracticable measure. It will revive the expec-
tations of the colored people of obtaining lands by the aid of the Grov-
ernment. It is well known that the whole power of this Government
CONSTITUTIONAL CONVENTION. 391
has been invoked to remove this impression from the minds of the col-
ored people. Gen. Howard, the General commanding this department,
and even the Radical Gen. Scott, has been repeatedly compelled to
inform the colored pet/pie of the State that it would never bo possible for
them to obtain even an acre of ground, unless they worked for it as
other people do.
Charleston is noted for possessing some of the keenest wits politically
that the world ever saw. Go up Meeting street or down Queen street,
or pass by the corners, and borne on the wind whistling along comes
the cry of some Charleston politician, " orfice, office, office."
Sitting with my friends in the town hall of the little town of Black-
ville, proceeding in order to make nominations of delegates from Barn-
well District to this Convention, the stillness of the audietce was dis-
turbed bj' three distinct knocks. The door-keeper was directed to
inquire the cause of the disturbance, and the cry comes, '' Charleston is
here asking to be put upon the Baruwell ticket to go to the great Consti-
tutional Convention." Orangeburg, Edgeheld, and almost every other
district had been visited in the same manner by these Charleston politi-
cians, rapping away at the door of the nominating meetings, and askiag
to be put into office. I tried to resist it in my district, but they came
there too strong for me, and I was overwhelmed by them.
For these two long years the colored people of these Southern States
have, God knows, suflered enough. They have been the prey of merci-
less speculators ; they have been the prey of every man almost who
has taken advantage of their situation. I say, iu all kindness, the
sufferings of this people will never be recorded on earth, they may be
recorded in heaven ; and I, for one, would not add to their wrongs the
deeper wrong of disappointment.
There is one way, thank God, the colored people may be provided
with homes, but not in the way suggested by the gentleman from
Charleston. Before the next six months roll round, every man will see
land selling in this State for the nominal prices of ten to twenty-five
cents an acre. I do not expect all the colored people to get land, I do
not expect everybody to have money to buy, but I do expect that as
many colored people in the State will have the necessary money to buy
land, when it brings such low prices as the petition before the house
would give, provided they got the million dollars.
I am not willing to hold out inducements to deceive the colored peo-
ple by virtually telling them a lie for the purpose of making political
capital. But I will go as far as any man in practical measures of relief;
but I prefer not to deceive them.
392 PROCEEDINGS OF THE
Mr. A. J. EANSIER. The question of relief is certainly to tlie dis-
tressed people of this State of the greatest interest. None of the propo-
sitions for relief before this body do, in my opinion, appear more
feasible and more likely to fciicceed than the present plan under discus-
sion. It is simply a petition for a loan of one million dollars to be ex-
pended through the Bureau, in the purchase of lands of small tracts,
twenty acres each, to be given to poor fiimilies, the Government to be
paid back in the course of five years. The Government is to be secured
by liens upon the crops. The earnest and eloquent speeches of the
member from Barnwell, both yesterday and to-day, in opposition to this
simple measure, has dwelt so much upon the empty condition of the
United States Treasury that we might be disposed to think he had some
peculiar connection with that department. Why is the gentleman here,
claiming to be a representative of the people of South Carolina ? I
know he has the official sanction for it; but it seems strange that his
whole course in this body has produced the strongest impression that he
has some peculiar relations with the United States Treasury Depart-
ment.
I believe he has taken an erroneous view of the measure. He cer-
tainly seems to forget the condition of the people he represents ? He
would have tis believe that the Governaient could not put its hand upon
a single dollar, even if it desired to do so. The gentleman, however,
does not seem to remember that the Government is daily expending
money here through the agency of the Freedmen's Bureau, and would
save a handsome sum by the granting of this loan. Under a joint reso-
lution of Congress, adopted in March 1867, there was expended for the
relief of the destitute in this State alone, in a period of five months,
$110,000. This expenditure was for rations alone to feed the destitute.
About sixty-five thousand people were relieved by this means. It
should also be remembered that of this number nineteen thousand were
white persons. The member from Barnwell has argued as if this was a
measure for the exclusive benefit of the colored people. This I deny.
The whole amount expended by that act of 1867 for the ten Southern
States was something like $450,000. Now, if some measure like the one
now before the Convention had been adopted by Congress in lieu of
that act of 1867, I believe the Government would have saved in this
State at least the sum of $110,000. If Congress had invested one mil-
lion dollars through the Freedmen's Bureau for the purchase of lands,
it would have enabled these people to have acquired homesteads, fed
and clothed themselves, and the Government being secured by liens upon
the crops would have been paid back the money.
CONSTITUTIONAL CONVENTION. 393
My only purpose in rising however, was to offer a few practical re-
marks, and not to detain the house. The member from Barnwell had
ondeavored to create the impression that this was a measure solely in
the interests of the colored people. This I emphatically deny. The
official report of the Commissioner of the Freedmen's Bureau shows
that it has relieved almost as many whites as blacks, while it is ostensi-
bly an institution, or bureau, for the benefit of freedmen aud refugees.
This measure proposes to benefit the poor irrespective of color — to benefit
all classes of the community.
The member from Barnwell charged the mover of the resolution (Mr.
K. H. CAIN) as having appealed to the prejudices and passions of the "
colored portion of his constituents. I deny it. He has not made one
twentieth part the effort to create that impression, or to appeal to the
prf judices of the colored people, as the member has to appeal to the
whites. He objects, he says, because the petitioner knows not one dollar
would be forthcoming. He would have us believe that the Government
of the United States is poor indeed. I know not whether he is official-
ly connected with the Treasury Department, but if he really desires to
protect it, he should advocate some such measure as this, which I am
satisfied would be a saving to the Government.
The gentleman from Barnwell has said that the devil used certain
political questions tp make demagogues. I forbear to retort, but rather
think the impression has already become wide-spread that if the devil
has exercised any infiueuce at all upon any member of this house, it has
been upon the gentleman from Barnwell.
He stated, again, that the proposition contained in this petition will
encourage the hope on the part of the freedmen that the Government
has lands to give away. He has deprecated confiscation, and that is the
unanimous sentiment of the Convention. And though the gentleman's
constituents may not have advanced as high in the scale of civilization
as he has himself, I think he will find they are not so entirely ignorant
as to believe that from this petition, or the advocacy of it, the Govern-
ment is to give them land. I would be unworthy of the position I
occupy here were I not to express an opinion favorable to this measure.
The Bureau of Freedmen, Refugees and Abandoned Lands has cost this
Government nearly, if not quite, twelve million dollars a year.r. That is
the estimated annual expense of the Bureau. However necessary it
may have been, and however much good it may have^ accomplished, I
am not disposed to see it perpetuated, or continued beyond the time
absolutely necessary for the protection of the people. But to abolish
this expensive establishment, some such measere as this, by which the
394 PRQCEEMNGS OF THE
wards of the Bureau Aiay be thrown upon their resources and permitted
to demonstratf to the world their fitness to earn their bread in accord-
ance with the Almighty's command, "By tl.e sweat of thy biow thou
shalt earn thy bread," is necessary to enable them to accomplish £uch a
result and rid the Government of this great incubus. I hope, therefore,
the petition will be sustained. We do not propose to wring it trom tha>
Government whether it has the money or not It is but a petition, but
I think recommends itself more a.s a measure of relief than many others
endorsed by this Convention.
Mr. G. PILLSBUEY. I rise for two reasons. One I term a good
reason, the other not. I deem this one of the most important question&
appertaining to the well-being of this State before this Conrentit n. My
other reason is to give the delegate from Barnwell (Mr. LESLIE) au
opportunity to propose a few more questions.
The Convention will observe a remarkable consistency between the re-
marks of that gentleman made yesterday and those he made to day. If
I count right, he has introduced just three arguments against the passage
of the petition or resolution. First, he says it will be impossible to get the
money; second, that we shall not be very likely to get the money, and
third, we shall not get the money. He has, however,' this morning in-
troduced one new argument since the discussion yesterday. It seems
that he had an opportunity of airing himself out in the community
and obtaining the voice of this loyal community, and he comes in this
morning with one additional argument, namely, that it is known to the
world that this resolution should have been voted down.
Now I believe there are intimations in the good book that we should
resist the world ; and with reference to a certain personage whom the
gentleman so kindly alluded to, calling him by name — if he supposes
that I am peculiarly liable to be influenced by that distinguished char-
acter, I will state to bim, as far as words can go, that I am in favor of
the whole scriptural injunction to "Resist the world, the flesh and the
Devil."
In his very kind remarks of my colleague from Charleston (Mr.
CAIN), impugning his motives very seriously, as simply acting the part
of the politician and not the philanthropist or lover cf his race, the
member from Barnwell did mention that this resolution would have a
bad effect upon the community outside, especially upon the colored por-
tion, intimating that it would ruin their expectations of obtaining land.
I know it is the old motto that "Hope deferred causeth the heart to
break." We have had visions and promises of corn and soup houses,
and lands; but the only fulfillment of those promises is one establish-
- \
CONSTITUTIONAL CONVENTION, 395
xnenl; far away up town, under military authority, which disburses soup
smainly to the poor whites.
With regard to the $000,000 appropi'iated to the State, I would ask
"what eacouragement the colored man derived from that appropriation?
I would ask any colored delegate on this floor if he personally .expects
to be benefited one dollar from that appropriation, or expects one of his '
colored constituents will be benefited thereby. I do not know by what
means that money was obtained. Perhaps the gentleman from Barn-
well was instrumental in obtaining that apprupriatiun, and thinks that
was enough. He also alludes to a resolution adopted here that there
was no land for a colored man unless he purchased it. Although it may
not have as much l>earing upon the question, but I may say that the
virtual construction of tliat i-esolution was the means oi incarcerating a
colored man in the Penitentiary, who is still there upon the most frivo-
lous grounds.
I think in this instance we may well imitate the example of the wo-
man and the unjust judge. Let us continue our petition to Congress
until it is heard. It is a reasonable request, and at the lowest calcula-
tion, if granted, would furnish homes for five, at least, of probably ten
or twenty thousand families now out of doors. If this is not enough to
excite the humanity of every gentleman in the Convention, then I am
greatly mistaken.
Mr. B. F. WHITTEMOEE. I might, perhaps, say much upon this
subject, but it appears to me that already there has been sufficient said
to warrant our minds as to what conclusion we ought to arrive at. Mu h
has been said with regard to the deception that this petition might carry
with it. I am perfectly aware of the great trouble that existed through
this State with regard to the great question of the colored people receiv-
ing land. They have been told by those Avhom they esteemed their
friends that it would be impossible to get land. At the same time it
has been known that there existed in the minds of the freed people of
the State, that the right person has not come along yet. Now, in order
that there may be no deception in the premises, and I have no reason to
believe that the delegate who offered the petition was not earnest and
sincere in the presentation of it, but, in order to set ourselves right,
and that any man may go to his home, or may have the opportunity to
ride upon the highway of success, provided he does no wrong to any
individual, I submit the following :
Resolved, That the report of the Committee be adopted, and that this
petition is not supported by this Convention with a view of deceiving
t ^e poor of either race or color, who are homeless or landless, but that
396 ' PROCEEDINGS OF THE
an expression of Congress may be obtained as early as possible as to
how far it is in the power of the Government to aid the unfortunate in
our State in the procurement of land, and thus to assiire them as tc
their hopes in the whole matter.
Mr. R. B. ELLIOTT. It is not my design to make a speech. Sir, 1
do not possess the peculiar satire of the a,-entlemari from Barnwell (Mr.
LESLIE), who so forcibly and vehemently opposed the resolution yes-
terday and this morning ; neither, sir, do I possess one-fourth part of
his deep learning or profound eloquence. I bow in 7ever8nce, Mr.
President, to his vast superiority. If the gentleman had furnislied me
with a copy of his resolution which he intended to have presented, and
which differed from this of the gentleman irom Charleston (Mr, CAIN)
in but one particular, viz : That it proposed to take the money more
directly out of the Treasury of the United States, inasmuch as it wae
the gentleman's (Mr. LESLIE) design to take it from the cotton tax
fund, I would be better able to speak to this question ; but^ unfortu-
nately, sir, he did not.
Sir, a few days ago, when the gentleman from Kershaw (Mr. JILL-
SON) offered a resolution on Franchise, to which the gentleman from
Barnwell objected. I rose and requested the gentleman fiom Kershaw
to strike out the words " ?ion compos mentis.'''' Sir, I am very sorry that
I made that request, and, in reparation for that impropriety, were it
possible to do so at this moment, I would offer a resolution in this form :
That no person who is "wo?z compos mentis ^^'' or who is troubled with
no-money -mania, 'no-land-mania, or any kind of mania, shall ever be
allowed to vote or hold any office in this State. In relation to the voice
of the politicians of Charleston being heard in Edgefield crjing out
office I office ! the gentleman should recollect that had not that voice been
raised in his behalf, he would not be on this floor to-day to ridicule and
assail those who assisted him when he most needed help. When it was
unsafe for the gentlemen, on account of his former course, to canvass
his own district, the " Voice of Charleston" did it for him.
No\y^, Mr. President, to be serious. I claim that this resolution is one
that can result in no possible harm, while it may result in great good.
Feeling assured that this subject has been sufficiently debated on both
sides, I deem it unnecessary for me at this time to enter into a discus-
sion on this question, I will, therefore, take my seat, with the earnest
hope that the resolution will be adopted.
Mr. R. C. DeLAEGE. I trust the resolution of the gentleman from
Darlington will be adopted. I believe it contains everything embraced
in the petition of my colleague. I am in favor of the petition. Look-
CONSTITUTIONAL CONVENTION. 397
ing at it from a different point of view taken by the distinguished and
learned gentleman from Barnwell, I feel compelled to differ with him
concerning this measure. He has endeavored to make it appear as i£ it
was simply for the benefit of the colored people. The solicitude he has
shown for the welfare of the colored people is unnecessary. They, I am
confident, can take care of themselves and their interests, as well as the
distinguished gentleman from Barnwell. He is one of those who always
says figures won't lie. He repeatedly, in attempting to carry a point,
goes to figuring, and I propose to prove by his own theory, that is by
figuring, that his position is false.
My colleague (Mr. E. H. CAIN) presented a petition asking the Con-
gress of the United States to appropriate one million dollars for a specific
purpose — to purchase homesteads for the people of South Carolina ; not
the colored people, as the gentleman from Barnwell has attempted to
prove, but to all, irrespective of color. He has also attempted to prove
that the money cannot be obtained, but has failed to carry conviction to
the minds of any of the members. There is plenty of land in this State
that can be purchased for two dollars per acre, and one million will buy
us five hundred thousand acres ; cut this into small farms of twenty
acres, and we have twenty-five thousand farms. Averaging seven per-
sons to a family that twenty acres can sustain, and we have one hundred
and seventy-five thousand persons, men, women and children, who, for
a million dollars, will be furnished the means of support. That is one-
fourth of the entire people of the State. In the census of 1860 the
number of inhabitants is put down at 703,717. If we buy land at a
dollar an acre, we can furnish three hundred and fifty thousand people
with the means of support. The member from Barnwell has assumed
that this petition will not be granted. He says the Treasury is empty,
and the last report of the Secretary of the Treasury showed that no
money could be obtained. Very often there may not be ten thousand
dollars in the Treasury one day and there may be ten million dollars the
next, collected by the Internal Revenue Bureau.
Again, the member from Barnwell endeavors to create the impres-
sion that every member of the Charleston delegation is seeking office.
He tells us of a nominating convention at Blackville, and of spirit rap-
ping at the door ; the wind coming through the key hole and saying
Charleston, Charleston is here. Unfortunately for his district, but for-
tunately perhaps for the gentleman, Charleston was compelled to do for
Barnwell what this measure proposes to do for the poor of South Caro-
lina, irrespective of color : that is to supply the deficiencies of that district
by giving it outside assistance, and no one has more cause to thank
51
398 PROCEEDINGS OF THE
Charleston than the distinguished member himself, for if ih had not
been for that spirit rapping at the door, the gentleman's spirit would not
have met with the spirits in this Convention.
Again, with great solemnity, he tells us this measure is intended to
deceive the people — that it is anlelectioneering dodge.
The gentleman, no doubt, judges from his own electioneering expe-
rience. I believe, when my colleague presented that petition, he did it
with the desire to benefit the poor people of the State. &o far as hold-
ing out hopes of their obtaining possession of lands from Congress
without compensation, I doubt whether any members ever opposed such
an idea more vehemently than did the Charleston members of my dele-
gation. Perhaps as much cannot be said with a show of truth of some
who now oppose this measure and who, sometime since, held out to the
people of their district the forlorn hope that by taxation of idle lands
they would be thrown into the market and sold at such a low price the
people would be able to buy them. The people of that District have
long since learaed that they were deluded by those men who now pre-
tend to represent them. In one breath the gentleman from Barnwell
states that it would be impossible to get the million dollars from the
Freedmen's Bureau, because we had voted for a resolution to continue
that Bureau until reconstruction was completed, and in the very next
breath he told us he believed that reconstruction would be completed in
about three months, and that a measure similar to this could be carried
in the Legislature of the State.
Mr. C. P. LESLIE. I said no such thing.
Mr. R. C. DkLAEGE. If I knew anything I knew it would not
require the seven millions of dollars in the Bureau to carry on that De-
partment for the next three months. The statement that "if that insti-
tution had the money, they knew how to get rid of it," was a good argu-
ment in favor of this measure, which has for its object the loan of a por-
tion of that money for the purchase of lands for the houseless people of
this State. Again, he stated that not a dollar of that fund could be used
for any other purpose than that of furnishing ration s to the destitute.
Not over three weeks ago the Assistant Commissioner of this State
went to Washington to get General Howard to appropriate a portion of
that fund to supply certain parties with agricultural implements to ena-
ble them to carry on their planting operations, and give work to others.
But I am not confident that this money can be had, neither has the gen-
tleman proven that he is so well acquainted with the condition of the
United States Treasury as to be able to say positively that the money
cannot be had. But if it can be obtained, and this land purchased, we
CONSTITUTIONAL CONVENTION 3S0
benefit twenty thousand starving beggars, white and black, and relieve
the Government of the expense of supporting them.
Again, he attempts to prove that these people can never get land with-
out paying for it The petition of my colle^ague proposes t^ give them
land upon a credit of five years with the distinct understanding that the
Government is to be reimbui'sed in that time.
There are over one thousand freedmen in this State who have, within
the last year, purchased lards from the native whites, on the same terms.
We propose that the Government should aid us in the purchase of more
lands, to be divided into small tracts, and given on the above mentioned
credit to homeless families to cultivate for their support. It is well
known that in every District the freedmen are roaming from one side to
the other, not because they expected to get laud, but because the large
landholders are not able to employ them, and will not ^ell their lands
unless the freedmen have the money to pay cash for them. These are
facts that cannot be contradicted by the gentleman from Barnwell. I
know one large landholder in Colleton District who had twenty odd
freedmen working for him upon his plantation the entire year. He
raised a good crop ; but the laborers have not succeeded in getting any
reimbursement for their labor. They are now roaming to Charleston
and back, trying to get remuneration for their services. We propose to
give them lands, and to place them in a position by which they will be
enabled to sustain themselves.
In doing this, we will add to the depleted Treasury of the State, and
the large plantation system of the country will be broken up. The large
plantations will be divided into small farms, giving support to more
people and yielding more taxes to the State. It will bring out the
whole resources of the State. I desire it to be distinctly understood that
I do advocate this measure simply for the benefit of my own race. •
Mr. C. C. BOWEN. It was not my purpose to have said anything,
and I am sorry that so much time has been spent in this debate ; I shall
not go into details, but confine myself strictly to the record.
The gentleman from Barnwell has stated that the district he repre-
sents has been troubled with people from Charleston. I desire to ask
him who invited the people of ( harleston to his district, and for what
purpose they were invited ? I recollect when he called on some of us
and prayed for God's sake that we should go to Barnwell and secure his
nomination ; we did go and helped him ; but judging by his career in the
past, two men were put on the same ticket to hold him in check ; these
men are here for that purpose. This petition has been presented here
asking for relief. If there is one question that ought to claim the
100 PROCEEDINGS OF THE
attention of this Convention more than another, it is the subject of re-
lief. The people from one end of the land to the other look to this
Convention for relief. I contend that tliat is the object for which every
delegate was sent here. I disagree with the petition in this, that it
does not ask for enough ; I wish to God that it had asked for five mil-
lions, for I believe we could obtain that amount. Let us, at least, try
and see what we can do, and having done all we can, we can do no more.
We know not what we can do. The proposition is only to ask Congress
to step forward and assist the suffering people of South Carolina. We
do not ask the Grovernment to give it, but simply to loan it to us. Surely
there can be no impropi'iety in that. Other States have asked for much
larger sums.
Mr. C. P. LESLIE. Have you not changed your opinion since last
night.
Mr. C. C. BOWEN. I have not; I certainly think the plan feasible,
and I only regret that the sum is not more. It has been charged that
it is a political dodge on the part of the members of the Charleston
delegation ; I only ask the same measure of grains for the Charleston
delegation accorded to others ; and I would remind the member from Barn-
well of the advice in that good old book, the Bible, '' Judge not, lest ye
be judged."
Mr. C. P. LESLIE. There is no grain in your neighborhood ; it is all
chaif.
Mr. C. C. BOWEN. Deception seems to rule uppermost in the mind
of the delegate from Barnwell. Judging from his language, I would
say it must have been a peculiar dodge in his own State ; I know
nothing that would bring prosperity to this country so quick as the re-
lief of these people now wandering over the land, houseless and home-
less! I sincerely trust every delegate will meet this question fairly, and
vote for the measure.
Mr. W. J. WHIPPER. In attempting to speak upon this question,
it is with no view of defeating the resolution or adoption of the report
of the Committee. I intend to vote against the measure, and take this
opportunity of saying so. I am the more zealous to do so when I find
members of this body oscillating as they are, and openly declaring that
they are going to vote for it, though believing it wrong. I am the more
zealous of doing so when I find members afraid to follow their honest
convictions, and then meet their constituency. Whatever may be my
conviction as to the policy of this measure, I, in my heart of hearts,
believe it will be detrimental to the people and detrimental to the State,
and for that reason shall record my vote against it. I am not afraid to
fiONSTrrUTIONAL CONVENTION. 4i>i
meet my constituents, nor afraid 1o meet the people of South Carolina,
and answer for all that I shall do here, believing it to be for their best
interest. I aui' willing that time should decide as to the propriety of the
course I pursue in this body. I say it is mj earnest desire that that
petition should be voted down, as it should have been without diacussion.
With regard to the gentleman from Barnwell, upon whom it has been
the province of the delegates to pounce so wickedly, I would say he has
told much that is true, and much that they will find herealter incontro-
vertible. As to the office seeking of the Charleston delegates, I have
nothing to do.
In the first place, I regard the petition a failure. I am opposed to one
million of dollars being brought to the State of South Carolina to be dis-
posed of as that petition proposes. I am in favor of any measure of relief
that will affect the people permanently ; but if we can devise no other
measure than this, then I am opposed to it. Admitting it can be done,
that Congress may appropriate one million of dollars, what will be the
result ? The gentleman from Cliarleston tells you it will give homes to
one-fourth of the people of the State. What kind of homes would they
be ? It would place them in possession of five and one-seventh acres ;
just about enough to starve to death decently that one-fourth of the
people. If you want to make a man an everlasting pauper, do as the
(Jnited States did in my district, make him the owner of some ten acres.
He cannot raise more than enough to feed his babies upon it» Men in
this State must have more land.
Mr. B. F. RANDOLPH. One would suppose from the gentleman's
question that a man having ten acres of laud is worse off than if he had
nothing at all, and were out in the public highway. I desire to know
if that is the gentleman's opinion.
Mr. W. J. WHIPPER. The gentleman asks whether or not I think
that a man with ten acres of land is worse off than a man out on the
public highway. I say not. But what I do say to that is, that if a
man can scarcely live upon ten acres, he cannot upon five and a half.
I claim that this measure will not benefit the people of South Carolina,
and upon that ground I oppose it. The very moment this resolution
passes and t'ne papers publish that a petition has been sent to Congress
to buy lands for the poor of this State, a clamor for land will at once
arise, the freedmen will forsake their contracts and at once leave their
places of employment. You raise the hopes of the entire poor people
of the country, you draw around the land offices, which they will inevit-
ably create, a multitude, three fourths of whom will be compelled to
go away with shattered hopes. Let me give you an illustration. In
^02 PECK^EEDINGS OF THE"
my district quite a scarcity of provisions existed. The Bureau, m its
wisdom and charity, sent to that district twelve hundred bushels of
corn, and I know that I am speaking^ the sentiments of my constituent®
when I say that that distribution of corn had an injurious effect upon
labor.
This miserable meagre measure of relief but looses the laborer from
the land and raises his hopes, leading him to believe he is to realize al!
he has longed for for years, and with that object in view goes to the land-
office perhaps, only to return to his house disappointed, and see hispros-
ppcts for another year frustrated. You will have three-fourth without
an inch of land, and another fourth with but five and one- seventh acres.
If you wish to see such a .state of aflfairs, vote for that petition. If Con-
gress does not, in its wisdom, see fit to withhold this loan, you will see
that condition of affairs to your satisfaction.
It is said we must do something here, or the people will never ratify
the Constitution. There is no one would be prouder to do something
that would give permanent relief than I would. If we can give any
thing, give the poor man property in his labor, and we will have effected
that relief. There cannot be a delegate from the coast but knows of the
dire effect of holding out inducements to hold land, produced upon the
laborers on the adjacent islands. Only about two years ago the Com-
missioner was compelled, with the bayonet, to force the people to go to
■work for the very reason that these inducements, with regard to owning
land, had been held out to them. They had been made to believe they
ehould hold them. The sooner the public mind is disabused of that im-
pression, the sooner every man knows that to acquire land he must earn
it ; the sooner he feels the Government has no lands to dispose of or to
give him, the better. Do what is necessary to protect the laborer in his
labor and you will effect the greatest possible good. All these tempo-
rary and meagre measures of relief that are gotten up, I fear are too
much for political purposes. I believe a majority of the members of
this body do not believe this measure is permanent in its character.
They look upon it as a measure of relief that in its details must fail. But
they ask, must we face our constituency — go home and say we voted
against that which certain members said was calculated to relieve the
poor ? Must we say we voted against a donation ? No, it will frustrate
our future prospects. But to whatever political death it may consign
me, I shall vote against it.
I know members upon this floor have said in the last . twenty-four
hours that they intend to swim with the tide. I regret to see this dis-
position, for in my judgment if a measure does not meet the conscien-
CJONSTrrUTIONAL CONVENTION, 403
ti'ows -ccmvietioTis of the members, they should vote against it and take
Ihe consequences. I believe the adoption of this measure would bring
interminable* difficulties upon the Assistant Commissioner of your dis-
trict. But I warn you, gentlemen, against the final results. Are you
not going to disappoint the jreople beyond all expectation ? I warn you
against the indignation of the peopl-e whom you may deceive by that
measure, and whose hopes you raise only to be blasted a few months
hence. You may establish a measure giving to the poor man property
in his labor. Da that, and you further the permanent interests of the
State, build up the waste places, erect school houses, give encourage-
ment to the mechanic and the laborer, and furnish the means for the
cultivation of those lands.
If you create property in labor, the landhold-er will be compelled to
divide and sell his lands, and the laborer will be able to purchase a home
for himself. I desire to see established a system of taxation which will
make it unprofitable for a man to keep lands uncultivated. We are not
here to enter into any begging scheme, even if expedient to do so. I do
not believe that it is for the interest of the people of this State. But
protect labor and secure the laborer in all his right, and with their own
strong arms and willing hands the people will accumulate property for
themselves, and purchase homesteads with the results of honest in-
dustry. ,
Mr. A. MIDDLETON. Perhips my voice may not be heard in
this assembly. I am no speaker, no politician, and cannot make a
political speech. I exceedingly regret the debate on this most impor-
tant question ; if the question had simply passed without debate, I be-
lieve it would have been for us as delegates, better for the community,
better for the colored people and better for the whites. As to my col-
league from Barnwell, I reg et the manner in which he has spoken of
those gentlemen from Charleston that represent Barnwell, and who used
their influence to have him elected.
Mr. C. P. LESLIE. Are you not not aware that the colored men of
that district waited upon me in a body, and I at first refused to be a
candidate ?
Mr. A. MIDDLETON. I am not a politician, and therefore can-
not answer a political question. If the gentleman is a sinner, I, as a
clergyman, will, if he desires to know how to escape the wrath to come,
enlighten him. South Carolina, my native State, lies in the dust, she
needs help from somewhere — she must have aid. I feel the importance
of this measure, but after the great guns that have been fired, feel a
want of ability to handle, this subject in a becoming manner. Since I
40< PROCEEDINGS OF THE
have been here, I have -RTttten ten or twelve letters in answer t<r mj
constituents desiring to know whether the Convention will assist thena
in obtaining lands. I have invariably told them that the Convention
had no lands to give to. or divide amongst them. But here is a measure
of relief proposed, to be sought from Congress, by the loan of a million
of dollars from the Treasury of the United States. My colleague, I
think, if it had been for five millions, would not have opposed it.
It has been said that if this measure is passed, the people will aban-
don their contracts. I will deny the assertion so far as concerns Barn-
well District. My people will only leave their employment when they
receive no pay for their labor. The gentleman does not know them a&
well as I do, who has sat at their firesides and eaten their hoeeake. I
hope the measure will be adopted, and that it may bring relief for the
people of South Carolina.
Mr. F. L. CAEDOZO. This question has been mingled by some of
the opposition with a great deal of personality. They freely imputed
the most malicious motives to their opponents, and while I sat listening
to those imputations I was forcibly reminded of the proverb, "It takes a
rogue to catch a rogue." I will make one remark, and then will be done
with personalities. The gentleman from Barnwell has referred con-
stantly to the gentleman from Charleston; but it is believed that the
gentleman from Barnwell is an old cast off Charleston politician. I re-
member his obtaining a hall of me and asking me to go help him at
Barnwell. I positively refused to do it, because I thought, as the gentle-
man from Edgefield has said, that he (LESLIE) was non coinpos mentis,
I am surprised at the gentleman from Beaufort, who just about two
weeks ago rose in this Convention and advocated two measures of relief
for the planters of this State, to save their property from going under
the hammer of the auctioneer for debts contracted for the purchase of
slaves. He was very eloquent in favor of those two measures of relief
that would save to the rebel planters their old estates. But now, when
a measure comes up to request help for the poor colored people, the very
same eloquence is employed on the opposite side.
I would only say to him who imputed improper motives to the gentle-
man who originated this measure, it is currently reported that he is the
tool of rebels, and his course has certainly justified that report. I op-
posed those two measures of relief that he favored, for two reasons ;
first, I said they were unjust in themselves. Men had contracted debts
with their eyes wide open, knew the risks they run, took those risks, and
if they were honest men, would pay their debts; but if they were dis-
honest, I claim they ought to be made to pay their debts. They con-
CONSTITUTIONAL CONVENTION. 405
tracted those debts in the rebel cause, to keep poor colored people down,
to perpetuate slavery, and, having done that, they should suffer the con-
sequecces. Let their large estates be divided, and the poQr colored
people would have a better opportunity of buying lands. Those meas-
ures of relief were passed. This Convention refused to give the colored
people that leo-nl opportunity, and I would say to the gentlemen who
voted for those ^-leasures of relief, if they are consistent, if they are the
friends of the colored man, they may, with equal consistency, vote for
this measure. The argument is used that we are not likely to get the
money asked for. But how can they tell? I think we are just as likely
to get it, and more likely to obtain it, than the thirty millions asked by
the Georgia Convention for the planters of the South, who have tried to
reduce the colored man again to slavery or its equivalent condition —
serfdom.
The gentleman from Beaufort argued that this was an impolitic meas-
ure, because it would not give all the colored people lands, and I would
say better that than none at all. It will do a great deal of good. It is
precisely what the Assistant Commissioner of this State has been doing
in this District. No later than last night he told me that he had a large
quantity of provisions, amounting to a large sum, to aid the people of
this State, and had been told to give it out freely. He wrote to General
Howard, stating that it would be better to assist the planters, taking a
lien on the crops, and he sent him word to do so ; took a lien upon the
crops, and said when he got the money he would build school houses
with it. But the crops have failed, and it is probable he will have no
return. That was a help to the white planter. The Assistant Commis-
sioner, however, made no invidious distinction, for a truer and nobler
friend, both to the colored and white man does not exist in our State.
He helps all alike, and assists all alike. The poor freedmen were in-
duced, by many Congressmen even, to expect confiscation. They held
out the hope of confiscation. General Sherman did confiscate, gave the
lands to the freedmen; and if it were not for President Johnson, they
would have them now. The hopes of the freedmen have not been realized,
and I do not think that asking for a loan of one million, to be paid by a
mortgage upon the land, will be half as bad as has been supposed. I
have been told by the Assistant Commissioner that he has been doing on
a private scale what this petition proposes to do. I say every opportu-
nity for helping the colored man should be seized upon. I think the
adoption of this measure will do honor to the Convention. We should
certainly vote for some measure of relief for the colored men, as we
52
406 PROCEEDINGS OF THE
have to tae wliite men, who mortgaged their property to perpetuate
slavery, and whom they have liberated from their bonds.
Mr. N. G. PAEKER. I am glad that the gentleman who has just
taken his seat has distinctly laid down, the proposition that any member
who votes against this petition votes against the colored man. I am a
friend to the colored man, and he knows it. I have a record extendii>g
back for twenty years that shows it. I have voted for measures of
relief, and intend to vote for every practicable measure of the kind in-
troduced into this body. I voted in favor of requesting General Canby
to suspend the collection of debts. I voted in favor of annulling all
contracts where the purchase of slaves was the consideration. The first
was an effort to procure temporary relief, but did not ask it from Con-
gress. The second measure was a proposition which, in my opinion,
will afford permanent relief to the people of South Carolina, and did not
ask aid from Congress. I have been fortunate, or unfortunate, as the
case may be, in having voted in the majority on most measui-es of im-
portance in this House ; but, judging from the debate to-day, I can see
quite clearly that, unless I can convince some of the members and bring
them to my way of thinking upon this question, I will be in the minori-
ty; but I am willing to be of the minority when I think the minority is
right. The colored people all over South Carolina have been deceived,
and now a proposition comes before this House that would continue that
deception. That is my view of the case. I know we cannot get the
relief this petition proposes. I do not, however, agree with the distin-
guished member from Barnwell, that I would not petition Congress
merely because I thought Congress would not act upon it. On the con-
trary, I would petition Congress, in season and out of season, at any
time, for any favor which I deemed beneficial to the people.
The hour of half-past 2 o'clock having arrived, the Convention ad-
journed, Mr. PARKER having the floor.
Monday, February 17, 186§.
The Convention assembled at lialf-past 10 A. M., and was called lo
order by the PRESIDENT.
Prayer was offered by the Eev. B. BURTON.
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.
The PRESIDENT called for reports of Standing Committees.
Mr. B. F. RANDOLPH, from the Committee on the Miscellaneous
Provisions of the Constitution, presented the following reports, which
were ordered to be printed ;
ARTICLE — .
Section 1. The Militia of this State shall consist of all able-bodied
male residents of the State between the ages of eighteen and forty- five
years, except such persons as are now, or may herealter be exempted by
the law of the United States or of this State, and shall be organized,
armed, equipped and disciplined as the General Assembly may by law
provide.
Sec 2. The Governor shall have power to call out the militia to exe-
cute the laws, repel invasion, repress insurrection, and preserve the
common peace.
Sec. 3. The Governor may appoint the Adjutant- General, Quarter-
master-General, and such other officers of his staff as the General
Assembly may direct.
ARTICLE — .
CHARITABLE INSTITUTIONS.
Section 1. Institutions for the benefit of the insane, blind, deaf and
dumb, and the poor, shall always be fostered and supported by thia
State, and shall be subject to such regulations as the General Assembly
may enact.
Sec 2. The Directors of the Penitentiary shall be elected or ap-
pointed, as the General Assembly may direct.
Sec 3. The Trustees of the benevolent and other State institutions,
such as may be hereafter created, shall be appointed by the Governor,
by and with the consent of the Senate ; and upon all nominations made
4t>8 PROCEEDINGS OF THE
by the Governor, the question shall be taken by yeas and nays, and en-
tered upon the journals.
Sec. 4. The Governor shall have power to fill all vacancies that may
occur in the offices aforesaid, until the next session of the General
Assembly, and until a successor or successors shall be appointed and
confirmed.
AETICLE — .
COKPOKATIONS.
Section 1. The General Assembly nhall pass no special act conferring
corporate powers.
Sec. 2. Corporations may be formed under general laws, but all such
laws may from time to time be altered or repealed.
Sec 3. The property of corporations now existing or hereafter created,
shall be subject to taxation.
Sec. 4. ,No right of way shall be appropriated to the use of any cor-
poration until full compensation therefor shall be fii'st made in money,
or first secured by a deposit of money to the owner, irrespective of any
benefit from any improvement proposed by such corporation, which
compensation shall be ascertained by a jury of twelve men, in a Court
of Record, as shall be prescribed by law.
Sec 5. Dues from corporations shall be secured by such individual
liability of the stockholders and other means, as may be prescribed by
law.
Sec. G. All general laws and special acts passed pursuant to this section,
shall make provisions therein for fixing the personal liability of stock-
holders under proper limitations ; and shall prevent and punish fraudu-
lent misrepresentations as to the capital, property and resources of such
corporations ; and shall also regulate the public use of all franchises
which have heretofore been, or hereafter may be created or granted, by
or under the authority of the State, and shall limit all tolls, imposts,
and other charges and demands under such laws.
, AETICLE — .
M ISC ELLAN E 0 IT S .
Section 1- Columbia shall be the seat of Government until otherwise
ordered by the General Assembly.
Sec 2. No person shall be elected or appointed to any office in this
State, unless he possess the qualifications of an elector.
Sec. 3. Every person elected or appointed to any office under this
Constitution, shall, before entering on the duties thereof, take an oath
or affirmation to support the Constitution of the United States and of
this. State and also an oath of office.
Sec 4. Lotteries, and the sale of lottery tickets, for any purpose what-
ever, are prohibited, and the General Assembly shall prevent the same
by penal laws.
CONSTITUTIONAL CONVENTION. 40&
Sec. 5. There shall be a seal of the State, which shall be kept by the
"Secretary of State, and be used by him officially, and shall be called the
great seal of the State of South Carolina, and shall be attached to all
-official acts of the Governor (his signature to acts and resolves of the
General Assembly excepted,) requiring authentication. The General
Assembly shall provide for an appropriate device and motto for said
seal.
Sec. 6, The people have a right peaceably to assemble together to
consult for the common good, to instruct their representatives, and to
petition the General Assembly for a redress of grievances.
Sec. 7. The State Library shall be subject to such regulations as the
General Assembly may prescribe.
Sec. 8. The General Assembly may direct, by law, in what manner,
and in what Courts, suits may be brought against the State.
Sec. 9. Divorc^^s from the bonds of matrimony shall not be allowed
but by the judgment of a Court, as shall be prescribed by law.
Sec. 10. No person who denies the existence of a God shall hold any
office under this Constitution, nor be allowed his oath in any Court.
Sec II. Whenever any public officer shall be convicted of misde-
meanor in office, he shall be removed from office, and thereafter disquali-
fied for holding any office of trust or profit under authority of this State,
unless the General Assembly shall, by a two- thirds vote, remove suck
disability.
Sec. 12. The printing of the laws, journals, bills, legislative docu-
ments and papers for each branch of the General Assembly, with the
printing required for the Executive and other departments of State,
shall be let on contract, in such manner as shall be prescribed by law.
Sec 13. There may be established in the Secretary of State's office
a Bureau of Statistics, under such regulations as may be prescribed by
Itiw.
Sec 14. The real and personal property of a woman, held at the time
of her marriage, or that which she may thereafter acquire, either by
•gift, grant, or inheritance, or devise, shall not be subject to levy and
sale for her husbands debts, but may be bequeathed, devised, or alien-
ated by her the same as if she were unmarried : Provided, That no gift
-or grant from the husband to the wife shall be detrimental to the just
claims of his creditors.
The unfinished business of Saturday was called up.
The PRESIDENT announced the unfinished business to be the con-
sideration of the report of the Committee on Petitions, in relation to the
loan of one million dollars, to be asked for from the Congress of the
United States.
Mr. N. G. PARKEE. I was interrupted in my remarks on Saturday
by the hour of adjournment having anived, and I shall ask the indul-
gence of the Convention to but a few moments longer. I would not
trespass upon its time, but I regard this as a question of too much im-
410 PKOCEEDIXGS OF THE
portance to pass it by without giving expression to a few thoughts that
have suggested themselves to my mind.
As I said on Saturday, I am the friend of the colored man. I can
remember when was first raised the standard of anti-slavery, and, child
as I was, I became at once an abolitionist, and never, for a moment,
swerved from a fixed purpose to do all in my power to accomplish their
deliverance from bondage. I have been familiar with every effort that
has been made in this country in their behalf since the first Liberator
was published in the city of Boston. I have shown my devotion to the
ca.use by aiding in the organization of the first colored regiment of sol-
diers ever placed in the service of the United States. I have stood
shoulder to shoulder with them in the contest which resulted in their
freedom. I have no regrets, for the past, and there is no man in this
State or out of it who vtill do more, or dare do more than I will to
secure, maintain, perpetuate and defend the rights of the race, their full
civil, political, educational, property, and all other rights that mankind
can claim than I will. I have said thus much, because some of the
speakers in the opposition have said that " we who have voted so lib-
erally for every measure of relief for the white man, now that there is a
measure of reUef for the colored man, are opposed to it, therefore are no
friend to the colored man."
I was under the impression up to nearly the close of the debate on
Saturday, that this petition asked only aid for the freedmen, the little
word " white" escaped my attention when it was read. My opposition
to the measure was first aroused, because I did net like the distinction,
I am opposed to a distinction being made ; I am opposed to legislating
for a class, and defining that class by the words "white," "freedmen"
and " colored."
I have said that I was opposed to legislating for a class. I do not
like to hear the word white or colored spoken in debate. If it had been
left to me, I would have kept both words out of debate on this floor,
and out of the Constitution. I hope to live to see the time when color,
as applied to men, will be expunged from the vocabulary of words. It
13 heathenish, and behind the ideas of this progressive age.
Nearly every member of this body, the reporters and all the speakers,
on the first day understood it just as I did ; and the distinguished gen-
tleman from Charleston (Mr. CARDOZO) who preceded me in debate
on Saturday, so understood it ; the burden of his song was, that we
who opposed the measure, opposed it because we were not friends to the
colored man, appealing, as it is always his custom, to the passions and
prejudices of this body whenever he enters into the discussion of any
CONSTITUTIONAL CONVENTION. 411
question on this floor. I am indebted to the gentleman from Charleston
who sits quite near me, the Chairman of the Election and Eranchise
Committee (Mr. DkLARGE), for the discovery of the word white in the
petition ; he says this is a measure asking relief for the whites as well
as the colored ; he denies that it is class relief. I find the word " white"
then, so little, however, was it thought of that were it not for the
sharp eyes of the gentleman just referred to, it probably never would
have been discovered. I am glad he found it; I take it that it mi>ans
what it saya, that if this measure is adopted, that the mover of it, and
the Committee who reported it, so understood it. I insist, however, that
the practical working of it was inteaded wholly to apply to the colored,
and the cliaracter of che entire debate shows it. The mover of the reso-
lution so understood it; his remarks, his speeches show it, and nothing
else ; the word white was a mei^e subterfuge, but as the word white was
inserted then, and the mover of it, and at least one of the speakers,
has admitted that it meant white, and said that poor whites were to be
considered just as much as the poor colored, then I do not object to this
measure on account of the distinction of color; that objection is entirely
removed. Now, as to the measure as it really is, that is asking Con-
gress to appropriate a million of dollars, and loan it for the purchase of
homes to sell poor men on a credit, I wish the Government of the
United States was able to do so. I know she is not. I have no idei
that she will consent to do it.
As I understand the proposi*^ion now, it is to ask the Congress of the
United States for money to buy homesteads for the poor. A very modest
request I admit. Congress will certainly get one idea of us, and that is
that we have plenty of assurance. I wonder what our radical friends in
Massachusetts, New York and Ohio, 'w ill say to this very modest request ?
I wonder, still further, what they would say if Congress should grant it ?
I tremble for their answer. The poor are everywhere present, or in the
language of Scripture, '' The poor ye have always with you." They are
scattered all over the earth. They are the mass of every country, every
nation on the globe. There are a great number of them in all the North-
ern and Western States, and I tell you, Mr. President, that the destitu-
tion that prevails this winter in those snow clad States is greater than it
has ever been before. Thousands, yes millions, are out of employment,
and what is the cause of it. I cannot stop now to elaborate the causes,
but I will only briefly allude to them. War and its results are directly
the cause of it. One of the results of the war, and the principal one,
was the overthrow of slavery and tyranny in the Southern States ; this
was the good result of it ; but the expense it caused the nation to do
419 PROCEEDINGS OF THE
this, and the debt it incurred, and the OTei'thi'ow of the lahor sjatejst
and consequent disturbance of trade and commerce, waa the immediate
evils- Tbe- burdensome taxation which followed is another principal
cause of distress which now prevails in the Northern and Western States,
The fact is patent that all the manufacturing States need aid ; and let
me tell you if the Congress of the United States grants additional aid to
an J of the unrecon struct? d States, for anything further than to pe-rfect
the reconstruction already half consummated, and the support of the
Military and the Freedmen^s Bureau, that in my opinion such a howl
will go up as never was heard before, and I for one, would despair of
success.
Our friends are trembling at Washington to-day, and all over the-
country, lest New Hampshire should east a Democratic vote at her ap-
proaching election. I am of the opinion that if Congress should pass
the appropriation called fur just at this particular time, that every State
from Maine to California would roll up such a Demoei'atic vote in the
coming election that was never heard of, or dreamt of, by the most ar-
dent Democrat in this country. The result of the elections for the last
year should not be unheeded.
Where would be our reconstruction if Andrew Johnson and the Demo-
cratic party had the handling of us ?
I look over and beyond the petty scheme of self- advancement in the
measure now before us. I regard the triumph of the principles of the
dominant party in this country as paramount to every other considera-
tion. I am looking forward to the perfect reconstruction of these States*
upon the basis of equal rights and privileges to all men. And when I
see, or think I see, staked upon a single die all that is worth living for,
all that I have fought for, ail that I hope for on earth, I have no words
to express my emotions. Ah ! Mr. President, the truest friend to the
poor and oppressed is he who will contribute the most for them. The
best friend to reconstruction is he who, leaving self out of view, will con-
sult only the general good. The best friend of the colored man is be
who has stood by them and their cause through thick and thin, through
fire and sword. If now calamity befalls the poor and distressed people
of South Carolina, it will, in my opinion, come to them through the bad
management of ill advisers. The ingenuity of the devil could not have
devised a measure so fraught with evil as the one before lis — it is one
that is intended to kill both ways. I do not say that the mover of it had
any such intentions. I accuse no man of evil intentions. I dislike to
hear such accusations, and I detest the manner in which some members
discuss the intentions of other members. I will abuse no one. I believe.
CONSTITUTIONAL CONVENTION. 41 S
however, that the mover of the resolution begins already to see the evil
e'ffects of it. If I was an enemy to reconstruction, I do not know of any
measure that I could introduce, better calculated for mis ihief, than the
one before us.
I do not hesitate to say that I consider this the most serious question
that has yet cop^.'^ before this body. If it fails -.o piss now, our
enemies might u-t- it to defeat reconstruction ; if it pass^e.s, it will deceive
the poor unfortunate people of the State, who have so often been de-
ceived already. This is why it will kill both waya. Fail to adopt it,
and every enemy to reconstruction could say to the uneducated colored
people of the country, " Your Republicans, in Convention, had an oppor-
tunity to vote you a million of dollars to give you all homes, and they
refused to do it." Therefore, between the two evils I shall choose the
least. I shall vote for it, but not without a protest ; aot a protest against
getting the money, for I am sure that we cannot get it ; but a protest
against such deceptive measures. I am expecting momentarily to hear
irom Washington in reply to a telegram which I sent, asking if Con-
gress can aid us, and I expect that answer to be no. If it is no, then
our action in adopting this resolution acts as deception. The poor peo-
ple all over the State will hear that we have voted them all a farm, and
will wait in vain expectation of getting it. This is the reason I feel so
deeply upon the subject. I never believed in the policy of deceiving the
people, even for party purposes.
The Government has plenty of land for all who will accept of it ; bet-
ter land than there is in South Carolina. She has lands in Mississippi,
Arkansas, and in all the great States West of the Mississippi River,
Go anywhere where she already owns it, and it is as free to you as it is
to any person. When the poor people of the East want lands they
travel westward. That was the way the great West was built up to
wealth and prosperity. I remember ^^hen the great State of Ohio had
less population than South Carolina, and when that great city, the pride
of the West, Cincinnati, was nothing but a mere village.
The Treasury of the United States has already as many drafts upon
it as it can well bear. They have no money to purchase lands in South
Carolina to sell on a credit — it is asking too much. Look at the almost
overwhelming debt of the nation, and would you colored men, or white
men, seek to increase it ? For what was it contracted ? and what keeps
the expenses of Government to-day so large i* It was contracted to
make you free, and it is continually increased to pieserve, protect and
defend your freedom. "
There never was a more liberal and hum me government, nor never
53
414 PROCEEDINGS OF THE
one that made such herculian eiforts to retrieve the past as she has made
and is making. We cannot ask her to do more than she is doing.
There is such a thing as disgusting our friends. Do not let us weary
them. If she, will continue to afford us the protection she has afforded
us in the past three years, if she will continue to the end in sustaining
the reconstruction she commenced, if she will sustain the Freedmen's
Bureau as long as it is a necessity, and give us the military necessary to
protect and defend us, in God's name let us be satisfied.
Mr. D. H. CHAMBEELAIN. I think it is to be greatly regretted
that this long discussion upon the question whiuh we have before us this
morning has induced any of the members upon the floor to indulge in
abusive personalities or imputation of interested and improper motives
in the position which they have severally taken. I am aware for myself
of no occasion, not even the temptation, to speak under excitement, to be
governed by passion in my discussion or my consideration of this ques-
tion. ,
When my friend from Charleston (Mr. E. H. CAIN) introduced the
proposition, in one of the ablest speeches to which I have had the pleas-
ure of listening during the sitting of the Convention, it commended my
hearty approval and judgment, and I sympathized with it. And not
even the extraordinary speech, tone or manner of the member from Barn-
well (Mr. LESLIE), or the still more extraordinary position of my other
friend from that District (Mr. PARKER,) could induce me to attribute
any but the most disinterested and upright motives to those gentlemen.
I commence to-day by saying that I conceive and insist that every dele-
gate upon the floor is looking upon the question with proper motives,
and acting for the good of the whole people of South Carolina. A brave
man, we are told, never boasts of his courage; least of all does he assail
that of his neighbors, and I suggest modestly if gentlemen desire 1o re-
tain the reputation of acting from pure and upright motives, there is a
fairer and better way of obtaining it than indulging indiscriminately in
assigning improper motives to othei's. /
There is a pleasing but delusive word which is in the mouths of
almost all men, and that is the word relief. I am astonished that not
only in this Convention, but in reading the reports of other Conventions
at the ideas, principles, measures and policy which that word relief is
made to cover. If anybody will examine the ordinance passed by the
Reconstruction Convention of South Carolina, they will find, under the
delusive title of relief, that we have opened the ball of repudiation. As
I have said before, I am opposed to repudiation in all its forms, or any-
thing that looks either in principle or in fact to repudiation. But I am
CONSTITUTIONAL CONVENTION. 415
in favor of relief; and in this proposition for a loan, we have the plan of
a pure, gftnuine, honest measure of relief, which even the jealous legal
mind of my friend from Fairfield, (Mr. RUTLA.ND), could not disputf ,
and against which no ingenuity could raise a legal doubt.
I confess I was not a little astonished that some gentlemen, whose
voices a few ({p.y ago were raised in such earnest entreaties for a meas-
ure of relief ti: ''le people of South Carolina have not been heard on
this question. Where is the impassioned eloquence of my friend from
Sumter (Mr. F. J. MOSES, Jr.), or the sound of the scholarly lips of my
friend from Newberry (Mr. DUNCAN), that they hive not been plead-
ing the cause of the poor oppressed and loyal majority of the people of
South Carolina.
It would not be kind, scarcely parliamentary to say, or even suggest,
that it was because those who were to be benefited by the measure were
the pv.or despised blaclc people of the State.
In the first place, I want to ask the question whether there is any
need of relief, and I ask a question to which I conceive there can be but
one answer. There is a class, as I have already denominated them, the
loyal majority, in this State, who are to-day in need of some measure of
relief
Why, Mr. President, I am not going to range on fairy ground, or
paint a picture of my fancy, but I am going to tell you about a class in this
community whom I know personally, and stand to-day in this situation.
They do not own one foot of land. The last two years' disasters to the
cotton crop have left them without anything to do. Around them are
the greedy, merciless, relentless few who own every foot of the soil.
On the first of January they were told if they went to work upon the
lands at $5 per month for men and $3 per month for women, they could
stay ; if not, the United States soldiers would drive them from the soil.
They declined. They went from plantation to plantation, and received
the same answer. With this combination against them, there was be-
fore this people a dark and impenetrable cloud, a thick, insuperable
wall, which neither my vision, nor do I think any human vision, can
look beyond, which nothing but the sublime spirit which puts its trust in
God can overcome.
Need I ask the question whether this relief is necessary?
But I come to the second question. Will this measure relieve them?
A sufficient answer to that is, it will certainly do something towards it.
I know it will not relieve all, but I know, of that community with which
I am acquainted, which comprises a veiy large majority in this State of
the colored people, I know if one worthy man out of ten received aid
416 PROCEEDINGS OF THE
enougli to enable him to plant himself upon his own soil, to spend his
industry upon his own land, to build up a competence and independence
for himself, that there is no argument in the world that could be pointed
to with such effect as the example of colored men standing aa owners of
the soil, free and independent in their own possessions. If I knew that
only one out of a hundred of the deserving men of this State, white or
black, now in distress, could be relieved, I would vote for the present
measure for the sake of the example I could establish, that I could point
to men in their own condition in life, who had carved out for themselves
competence and independence. It is no argument to point the colored
man to the white man who owns the land and is wealthy and independ-
ent; but if I can point my people to their own color and condition, who
have by their industry, honesty and general good character established
a name and property in the community, I shall have a lever to take hold
of which shall move the whole class in our community.
Much has been said and very extraordinary statements made by my
friend from Barnwell (Mr. LESLIE) with reference to deceiving the col-
ored people. This body a few days ago adopted a resolution introduced
by my friend from Georgetown, which declared "that this Convention
had no lands to give away, no act of confiscation had been passed, and,
in our opinion, the only way in which the colored man could obtain land
would be hy paying for it from the sweat of his brow." I voted for
that, and would vote for it every day in the week. But when I have
said that, told them we have no land to give them, and did not believe
the United States would give them lands, I am all the more bound when
I see 80 much as the possibility of a chance of getting the means to
enable these men to purchase lands, giving them time to pay for them.
I say I am the more bound when I put myself on record against confis-
cation to vote for such a measure as my friend from Charleston (Mr.
CAIN) has proposed here.
I ana well aware that the pencils at that table (the reporters), are wait-
ing only too eagerly to gibbet to the hatred and scorn of this community
any man who dares to say that as bet;ween the landholders and landless,
as between the white and the black, as between the rich and the poor,
his sympathies are with the poor, the landless; and I am willing to incur
all the odium of saying that I am not only in favor of this measure of
positive relief, but when we are told that the Sherifi^s hammer is about
to fall, and scatter these hated and unjust monopolists of land, I am
ready to take the odium, let the hammer fall, and pray may God speed
its way.
I am no politician like my friend from Barnwell (Mr. LESLIE) ; I am
CONSTITUTIONAL CONVENTION. , 41-?
tiot apt and experienced in the way of the politician, and I shall not
follow that gentleman and indulge in any unparliamentary language.
I shall not expose myself to the rebuke of the Chair by addressing my-
«elf to the audience behind the bar. But if it were, parliameutaiy to
address a word to my friends who are not members of this Convention,
but are within the sound of my voice, I should say to them struggle on,
be of good cheer, and remember whatever distress, greater if possible
than those whicli are now upon you shall overtake you, remember there
are some men hei'e sent by your votes ; there are some true enough, and
still brave enough when their interests are at stake, to lift their voices
and record their votes for a measure of just and honest relief to their
pressing necessities.
If it were parliamentary, I would also say mark that man whose flip-
pant tongue and biting wit is only exercised to villify your characters'
and pour contempt upon an honest, faithful scheme to relieve your ne-
oessities. I believe in the independence of the representative. I be-
lieve that under proper limitations, every member who stands here
ishould be governed by his own judgment, and be guided by the dictates
of his own conscience. Yet there are times, and there are men whom
it is well once in a while to remind there is a power that will call even
them to account. You all remember it was a sublime advice given to
the Court of the French King : "Gentlemen, posterity will judge jour
judgment." In that spirit 1 say to the gentlemen upon this floor, there
is ii constituency which will one day judge our judgments to-day, and
that he only >vho to-day shall show that they have a ppirit, a wish, a
desire, when they are called upon by those on whom the hand of mis-
fortune has been so heavily laid; wh«n those who S'hall show by their
voice and votes that they stood true to that issue; that they defended
the loyal majority of this State, and they will be able to abide by that
judgment.
Mr. R. H. CAIN. I regret exceedingly that this discussion has taken
30 wide a range, and has elicited so much acrimony in its continuance.
When I, in the simplicity of my heart, and with a fervent desire for
good", snatched a few moments of my time between the hours of twelve
at night and two in the morning, to pen the preamble and resolutions of
the petition presented, I little thought there would be five persons on
this floor who would object to so reasonable, so innocent an operation as
simply requesting the Congress of the United States, if in its judgment
expedient, to appropriate one million of dollars of the surplus funds of
seven millions now in the hands of the Freedrc^an's Bureau, gathered
into the Treasury from the sale of lands and other things, to appropriate,
418 ' PKOCEEDTK'GS OF THE
I say, one million of that money for the benefit of the hl'aet men send
poor white men in this State, equally involved in a state of starvation.
I thought it would be no harm to a<li the Government that had libera-
ted thousands, yea, millions of bondmen, and at the same time liberated/
fhousanda of poor white men at the South, anrl left each class upon the
platform, each in want, each resting" under great necessities, penniless,
poor and owning- no home, no lands. I thought that to introduce a reso-
lution of this kind would certainly evoke no opposition of any account
from any party. I did not for a moment, conceive that a proposition so
plain, so reasonable, would bring about a discussion of twenty-five
minutes on this floor, and I was brought to this conclusion from a seeming
earnest desire on the part of members to render whatever relief they
could find in their power for the poor and suffering of South Carolina.
The measures which had been adopted by the Convention, the argu-
ments educed pro and con, the seeming unanimity with which the gen-
men voted on measures of relief, guaranteed me in believing that this
measure, so simple, would meet no opposition. I regret that I find
myself mistaken.
I now p'oceed without deigning to notice the aspersions made last
week. In debate, I concede to every gentleman the right to present his
arguments in such language and in such manner as may to him seem
good and proper. I accord that right to the gentleman from Barnwell,
who at the time saw fit in his remarks to characterize the motioQ offered
with malice aforethought, and with the purpose of deceiving the poor,
the needy and the weary in this State. I will say here at once that such
a purpose was far from my intentions, and when I say this, I think I
have said all that I need say as a gentleman, in opposition to what any
other gentleman may say on the question. I propose, at no time, to
permit my zeal to overtop my better judgment, nor let my judgment
carry me beyond the bound of decent respect for the gentleman in the
opposition, and proceed to notice the arguments adduced against this
measure. The gentleman from Barnwell made two points in his argu-
ment ; first, that the mover had an intention to deceive, which I deny.
Second, that the mover did not believe that he would get what he asked
for ; that I deny. He also said that the mover had an intention to deceive
the people that he might ride inrto political power by virtue of a scheme,
shrewdly and cunningly devised to deceive those who have no better
judgment ; that I also deny. Again, it has been asserted that this
measure will disturb the peace and quiet of the people now preparing to
contract upon the plantatious. I shall take the propositions, gentlemen,
up in regular order. It was proposed to place this one million dollars
<10NSTITUTI0l!^AL GONVEISITION. 419
T^inder tbe supervision of General 0. 0. Howard, head of the Freedman's
Bureau, for the express purpose of making purchase, under his direction,
■of such lands as may be offered far sale — not confiscated — but simply
•offered for sale by the citizens who owneil the lands, to make the very
best bargains they could possibly make. The appropriations c-ould be
made in three directions ; first, to the purchase of lands ; second, to the
purchase of sites; third, to the purchase of necessary agiicultural im-
plements. It was said that this appropriation, if carried out, would give
homes to but lew. I think it was said that it would give one hundred
and twenty-five thousand persons homes. According to my friend from
Beaufort (Mr. WHIPPEE), it would allow but five and one- seventh
acres to each head of a family, and he claims that that would not be suf-
ficient to do any good. Well, if we can give homes to oue hundred and
twenty-five thousand persons, we shall thereby take out from the juris-
diction of the Freedman's Bureau that number who still linger at the
door of the Commissary, waiting for something to eat. It will, therefore,
be a measure of relief to three parties ; first, a measure of relief to the
poor; second, to the Freedman's Bureau; third, to the landholders who
will receive just compensation for the lands they own, and thus spread a
million of dollars in circulation, giving to every class of men something
to eat and something to do. That much good will be accomplished. But
to answer the gentleman, that it will give discontent to the poor colored
people, is it not better to give one hundred and twenty-five thousand
people homes by a measure so judicious, so complete and so swift as this
will be, than to let four hundred thousand go without any homes at alL
It is objected by the gentleman also, that it will create discontent in the
minds of others. I prefer to cut off one hundred and twenty-five thou-
sand grumblers than none at all. I believe it a measure of relief, such
as the people do need, such as they want, and siioh as the}" shall have,
I can see no reason why any gentleman should object to the proposi
tion ; I believe the Government will be benefited bj it, and I reiterate
what I said last week. I am opposed to the people constantly going up
to the Commissary Department and receiving rations ; I believe that if
the money expended by the Commissary Department of the Freedman's
Bureau was given for the purchase of land it would have a more permanent
and beneficial effect. Four hundred and fifty thousand dollars has been
expended in that Bureau in five months for the simple item of rations,
yet that Bureau has not reached one-tenth of the people in this State.
Again, I would not call into question the honesty of the officers of the
Bureau, I believe there are some honest men there at any rate.
Mr. C. P. LESLIE. I deny that I ever questioned the honesty of
any officer of the Bureau.
420 PROCEEDINGS OF THE
Mr. E. H. CAIN. T was about to state that I had unbounded confi-
dence in the Freednian's Bureau and in its operations. I believe that
the gentlemen at the head of that Bureau, from their antecedents and
long expei'ience in these matters, will do justice in this case.
The gentleman from Beaufort opposed the measure on the ground
that it would create discontent, but was in favor of bringing up a reso-
lution either in the Convention or by the Legislature, fixing such a tax
upon the lands as to compel the sale of those lands, whether the owners
wanted to or not.
Mr. W. J. WHIPPER. 1 deny it.
Mr. R. H. CAIN. I may be mistaken, but I watched very closely the
arguments made by the gentleman last Saturday, and I distinctly under-
stood him to say he was in favor of taxing the lands so as to compel the
sale of them, and throw them into the market. The poor would then
have a chance to buy. I am unqualifiedly opposed to any measure of
taxation for the simple purpose of compelling the owners to sell their
lands. I believe the best measure to be adopted is to bring capital to
the State, and instead of causing revenge and unpleasantness, I am for
even-handed justice. I am for allowing the parties who own lands to
bring them into the market and sell them upon such terms as will be
satisfactory to both sides. I believe a measure of this kind has a double
effect : first, it brings capital, what the people want ; second, it puts the
people to work ; its gives homesteads, what we need ; it relieves the
Government and takes away its responsibility of feeding the people ; it
inspires every man with a noble naanfulness, and by the thought that
he is the possessor of something in the State ; it adds also to the reve-
nue of the country. By these means men become interested in the
country as they never were before. It was said that five and one-se-
venth acres were not enough to live on. If South Carolina, in its
sovereign power, can devise any plan for the purchase of the large plan-
tations in this State now lying idle, divide and sell them out at a rea-
sonable price, it will give so many people work. I will guarantee to
find persons to work every five acres. I will also guarantee that after
one year's time, the Freedman's Bureau will not have to give any man
having one acre of land anything to eat. This country has a genial
clime, rich soil, and can be worked to advantage. The man who can
not earn a living on five acres, will not do so on twenty five. I regret
that another position taken by gentlemen in the opposition, is that they
do not believe that we will get what we ask for, I believe that the
party now in power in the Congress of the United States, will do what-
ever they can for the welfare of the people of this State and of tue
CONSTITUTIONAL CONVENTION. 421
South. I believe that the noblo mon who have niitintnino.l tlio ri^'hts of
the freedmcn hefore and since theit liberation, will eoutiiuie to do every-
thing possible to forward these great interests. I am exceedingly anx-
ious, if possible, to allay all unpleasant feeling — I wr»uld not have any
unpleasant feeling among ourselves.
I would not have any unpleasant feelings between the races. If we
give each family in the State an opportunity of purchasing a home, I
think they will all be better satisfied.
But it is also said that it will disturb all the agricultural operations in
the State. I do not believe if the Congress of the United States shall
advance one million of dollars to make purchase of lands, the laborers
will abandon their engagement and run off. I have more confidence in
the people I represent. I believe all who have made contracts will fulfill
those contracts, and when their contracts have expired, they will go on
their own lands, as all freemen ought to go. I claim it would do nd harm.
It would be a wonderful concatenation of circumstances indeed, to find
that because the Government had appropriated one million of dollars for
the purchase of lands, to sea all of four hundred thousand people, rush-
ing pell mell down to Charleston to get a homestead. I know the igno-
rance of the people with whom I am identified is great. I know that
four hundred years of bondage has degraded them, but I have more
confidence in humanity than to believe the people will leave theii- homes
and their families to come to Charleston just to get five acres of land.
If I understood the speaker in the opposition this morning, he offered
it because he said it was simply a schemo for colored men. I wish to
state this question right. If there was one thing on which I thought I
had been specific, it was on that point. The clock had struck two and I
had dashed down my pen when the thought struck me it might be mis-
understood. I retraced my steps and so shaped the petition as simply
to state the poor of any class. I bore in mind the poor whites of the
upper districts. I saw, not long ago, a poor white woman walk eighteen
miles barefooted to receive a bag of corn and four pounds of meat, rest-
ing all night on the roadside, eating one-half and then go away, living
on roots afterwards and half starved. I desire that class of people to
have homes as well as the black man. I have lost long since that hate-
ful idea that the complexion of a man makes any difference as far as
rights are concerned. The true principle of progress and civilization is
to recognize the great brotherhood of man, and a man's wants, whatever
he may be, or whatever clime he comes from, are as sacred to me as any
other class of men. I believe this measure will advance the interests of
all classes.
54
422 PROCEEDINGS OF THE
A few more words and I am done. Gentlemen of the Convention, I
wish to appeal to you and ask have wo not had suffering enough in this
country ? Has not the rude hands of war, with its fiery sword, trampled
out the commercial interests of the States ? Hath not the rude hand of
war laid up the ships in our harbors, torn down fencers and barns, and
left our country almost a wilderness ? Hath not war set the whole coun-
try in commotion ? Look at the former rich white man, now walking
poor and penniless ; look at those formerly in opulence, now poor and
brought down low. Can the gentleman from Barnwell, formerly from
New York, last from Charleston, understand the fact that the people of
the State want relief ? I came to identify myself with the interests of
the country. If she falls, I fall with her. If she rises, I rise with her.
I have a kind of South Carolina pride, because my broad heart reaches
out to all men's interests wherever I am. I have identified myself with
the country, and I claim it is no time in the reconstruction of the State
to seek revenge upon the head of any person, or to disregard the cries of
millions for relief. The freed people, in connection with the poor whites
of this State, are in great want. Let us see the number of destitute in
this State. General Howard reports in South Carolina five thousand
colored and five thousand whites, March 7th, 1867. There are other
reports here which show a larger number of persons, and as I before
remarked, the Bureau hath not met one-tenth of the wants of the people.
This measure, if carried out, therefore, will meet a want which the
Bureau never can meet. A man may have rations to-day and not to-
morrow, but when he gets land and a homestead, and is once fixed on
that land, he never will want to go to the Commissary again. It is said
that I depicted little farms by the roadside, chickens roosting on the
the fence, and all those poetical beauties. But however poetical the gen-
tleman may be in his remarks, I prefer to see chickens roosting on the
fence, and the lambs frisking round the place, and all other things which
may be desired, than to see four hundred thousand people without homes,
without owning even the sand they carry in their shoes. I prefer to see
each one of them the owner of a log cabin, than to be compelled to work
for five or ten dollars per month. I prefer to see that than to see the
bayonets of the United States brought into requisition to drive poor,
helpless men, women and children, because of the relentless hearts of
those planters who will not pay. I prefer this to seeing strong men
working for the paltry sum of five or ten dollars a month, and some for
even three dollars a month. How can a man five at that rate. I hate
the contract system as I hate the being of whom nay friend from Orange-
burg (Mr. EANDOLPH) spoke last week (the devil). It has ruined the
CONSTITUTION A.L COXVEXTION. 433
people. After fifty men have gone on a plantation, -wovked tlie whole
year at raising twenty thousand bushels of rice, and then go to get their
-one-third, by the time tliey get through the division, iifter being charged
by the landlord twenty-five or thirty cents a pound tor bacon, two or
three dollars for a pair of brogans that costs sixty cents, for living that
costs a mere song, two dollars a bushel for corn that can be bought for
one dollar ; after I say, these people have worked the whole season, and
ut the end make up their accounts, they find themselves in debt. The
planters sell their cotton, for it is said that a negro has not brain enough
to sell his own cotton. He can raise anything ; he can dig ditches, pick
cotton, but has not the sense to sell it I deprecate that idea. I would
rather see these people have little cottages and farms fo;r themselves.
It is but a few days ago I went to a plantation on Cooper river. The
first place I visited, I said to the men there, go to work, work honestly,
stay on the plantation, do the best you can, make yourselves as comfor-
table as possible. After awhile your old masters may do you justice.
Those people have remained on those plantations. What was the result.
Week before last they came and said to me, we took your advice, have
worked hard, but as God is our judge, we have not as much as when
these men got back their place again. I looked and saAv four mule teams
rolling oflF bales of cotton. I saw corn cribs piled with corn, and fodder
houses filled with fodder. I went into the cabin of the negroes and
found but a scanty morsel of corn dodger and a scanty ration of bacon.
I say, therefore, it is time to relieve these people, and if this is not a
measure of relief I know not what is. I desire to relieve all classes.
I desire to relieve the planters of the large plantations they cannot
attend to, and which must be so great a burden on their minds. They
are pressed down ; do not know what to do with their great plantations.
I propose to bring money and say to them, " here gentlemen, you want
to sell, we want to buy ; we will give you a reasonable price ; you will
have the greenbacks, we will have the land ; you can apply that money
to banking purposes or buy bank stock, we will deposit the money with
you." I want to see a change in this country. Instead of the colored
people being always penniless, I want to see them coming in with their
mule teams and ox teams. I want to see them come with their corn
and potatoes and exchange for silks and satins. I want to see school
houses and churches in every parish and township. I want to see chil-
dren coming forth to enjoy life as it ought to be enjoyed. This people
know nothing of what is good and best for mankind until they get
homesteads and enjoy them.
With these remarks, I close. I hope the Convention will vote for the
424 PROCEEDINGS OF THE
proposition. Let us send up our petition. The right to petition is a
jealous right. It was a right guaranteed to the Barons of England.
The American people have always been jealous of that right, and re-
garded it as sacred and inviolate. That right we propose to maintain.
It is said here that some high officers are opposed to it. I do not care
who is opposed to it. It is none of their business. I do not care whether
General Scott, General Grant, or General anybody else is opposed to it,
we will petition in spite of them. I appeal to the delegates to pass this
resolution. It will do no harm if it does no good, and I am equally con-
fident that some gentleman will catch what paddy gave the drum when
they go back to their constituents.
At the conclusion of the speaker's remarks, Mr. R. B. ELLIOTT
called for the previous question.
Mr. R. C DeLARGE claimed that he had risen and taken the floor
prior to the call for the previous question.
The Chair decided the member entitled to the floor.
Mr. R. B. ELLIOTT appealed from the decision of the Chair, but the
appeal was not sustained.
Mr. R. C. DeLARGE said he was glad his colleague (Mr. R. H. CAIN)
had denied that the petition offered by him was intended so as to benefit
a class. He hoped now that every member of the house understood
distinctly that it was not the desire of the mover of the petition, nor of
any other member who advocated it (himself among the number), to
make this a class measure, other reports in the newspapers to the con-
trary notwithstanding. With this explanation, he yielded the floor to
his friend from Sumter (Mr. E. J. MOSES, Jr.)
Mr. F. J. MOSES, Jr. It was my intention on arising to address the
Chair, to allude to the many extraordinary scenes that had transpired
in this Convention during the discussion of this important subject, but
before noticing these scenes I desire to state that I have never yet wit-
nessed so extraordinary a measure as that which was attempted to be
enacted on this floor just now. For gentlemen, who have wasted the
time of this Convention, after exhausting its time and patience in ad-
dresses in support of their side of the question, to attempt to gag a
member who desires to answer, is so extraordinary a scene that I, for
one, trust that it will never again be witnessed on this floor.
After saying that, I desire to state that I rise in the kindest feeling and
in best of good humor towards every member of the Convention. I feel
that I could not do otherwise after the laughable, humorous and ridicu-
lous incidents which we have witnessed during the last two days. We
have heard allusions to the politicians of Charleston. We have heard
CONST! TUTIOXxVL CONVEXTIOX. 425
from tlie gentleman from Barnwell thnt he eouM not wend his lonely
T.va\' upon the streets without hearing cries from the thirsty politicians of
Charleston, " office, office, office." .
But it seems to me that there must be a picture quite as plain as that
which he has drawn ii^ the minds of every member of this Convention,
it is this: we have witnessed one of the most unparalleled horseback
riders perform one of the most remarkable political acrobatic feats ever
witnessed by the members of this Convention or the peoplo generally. I
know of no rider who has attempted to ride two horses at once so admi-
rably as the gentleman from Barnwell, and these scenes could not but
have inspired us with pleasure, amusement and enjoyment. There are
others who have been jealous of the reputation achieved by the gentle-
man from Barnwell. They desired to have a place in the ring, and after
having taken one position on this subject, they came toddling in after
him with all sorts of amendments ; those amendments were to this effect :
We want to tell the people why we vote for it, but cannot consent to tell
them we are in favor of giving them lands. Why ? Because we dread
the public opinion of South Carolina. That is the true answer to be
made to those men. When they say they are unwilling to sustain this
m.easure, which is for the purpose of giving the poor people of South
Carolina homes and lands, their hearts tremble with fear, and their
cheeks turn pale at the thought that the pencils (the reporters) at that
table will tell the story in ihe districts whence they came, that they have
attempted to strike at the prosperity of the white men. As for myself, I
say if this measure was introduced solely for the benefit of the black man,
solely fur the benefit of those men who have stood true to the United
States Government through all the late terrible years of war and blood-
shed, I would be ready to support it and give my ai^ in any shape or
manner that would ask from the United States Government a reward for
this people. I came here pledged to do it. I told my constituents before
I left home that I intended to give my voice and my vote in support of
any measure which would help them. I stand here to-clay, and when
the gentleman from Berkley {Mr. CHAMBEELAIN) this morning asked
where is the gentleman from Sumter, he knew very well where I stood,
and that I was but wanting an opportunity to follow him.
The measure before the Convention, it ^eoms to me, is a very plain
one. On the secession of South Carolina from the Federal Union, ,the
Government determined that the Union should be sustained. The cry
went out from the North for men to sustain it, and they came from all
quarters of the country, and among them came the gentleman from
42« .PROUEEDrW'GS OF THE'
Oharleston. I yielfl liim all honor for it, and all honor for what he has
done in belialf of this.
The war waa waged, as the Government said, for the perpetuity of
the Union, but inseperahlj connected with that question vra^ the ques-
tion of slavery. The war was to decide whether slavery was to exist
with all its accompaniment'^, and that question was decided in the nega-
tive. Now, I detsire to ask how these people, who were living in South
Carolina in a state of bondage, witlt not even a soul perhaps they
could call their own, living under task masters, some of whom deserved
to be betrayed by Ihose whom they owned ; how did they behave during-
this terrible ordeal ? It can be answered from every quarter of the
State, when almost every citizen of the State was absent from his home ^
when his wife ar^d little ones were left alone, without any one to guard,
shield or protect them, these men, black though their faces were, with
white hearts rallied round those families, and protected them from dan-
ger. I say that the purity of the home of every South Carolinian
during that terrible struggle is owing to the freedmen, owing to the
slave, owing to the black man, who protected those homes when their
masters were absent t<^ forge for the black man the chains of slavery-
It comes, therefore, with little grace from any South Carolinian what-
ever to attempt to keep these people in poverty and under a despotism,
which in time to come will be as odious as the despotism of slavery.
If you keep one class without land, or leave the lands in the hands of
those monopolists who desire not to extend the hand of assistance to
this people, I say their condition will be twice as bad as slavery, and in
years to come they will have no liberty or will of their own, but will be
dependant upon th© will and wish of those who own the land ,- therefore
I stand in favor of giving them land by any system, or in any shape or
manner, except by a system of robbery. I am not in favor of confisca-
tion ; I do not desire to take from any man's property, real or personal ;
but after the loyalty exhibited by these people to the United States
Government ; after their behavior during the terrible ordeal ; after the
indulgence and the magnanimity extended to their masters, I say they
deserve it from the Government, and we demand it as a right. I regret
but one thing in this petition : it does not ask enough, I would prefer
to ask for ten or twenty millions of dollars — give them all homes, and
let them keep them. It has been said that charity begins at home. If
you meet a man on the street without a coat, and he wants one, it will
not do to take off and give him your own. I admit all that, but I deny
that this is taking money from Northern citizens. I say the colored citi-
zens, as tax payers, have as deep a stake in the existence and perpetuity
C^OTSTSTITUTIONAL OOXYENTiOX. 42'S'
' <T fhe Governmen-t as any Northern citizens, and I say it should conio
from the Governnaent in t^at shape. The geutlemian from Barnwell
i(Mr, LESLIE), in that humorous spirit which he always displays, has
alluded to two kind.s of politicians heint^ in this Convention ; one kind
he terms practical ;politi(ians, and the other as impracticable. I go
further than that, and say there are three kinds; the first class are those
■who desire to say oh ! yes, we are all friends of yonrs, we are going to
igive the freedmen lands, and dc everything we can for you ', you shall be
•equal before the law, but, for God's sake, don't ask me to incur the
•enmity of the white man in doing it; don't jon know I am a white man:
how can we give you land if «very white man is opposed to it? That is
the first class of politicians, and the gentleman from Barnwell (Mr,
LESLIE) can decide for him-self whether he belongs to that class.
The second class are those who really believe, and I give them credit
for so believing, that this measure will not be of benefit to the colored
population, and the poor whites of South Carolina. One speech has
been made this morning by one politician of that class (Mr. PARKER),
which speech I was bound to respect for its manliness, truth and justice.
The third class of politicians, if you choose to call them so, are those
who have come hi^re to stick to their principles ; who have come here to
betray no man or set of m^en ; to redeem their promises, and when they
Tetuvn home, desire to be able to say that' they have not shirked any
question that has been brouglit upon this floor. To that class I claim
to have the honor of belonging.
Mr. C. P. LESLIE. Are you a candidate for Congress ?
Mr. F. J. MOSES, Jr. I thiuk the best way I can answer that ques-
tion would be by asking another, so as to show the manoeuvreing going
on between the gentleman who asked the question and the gentleman
in this city. Does he expect to be a candidate for the distribution of
corn in Barnwell District ? As far as I am concerned individually, I
answer the gentleman emphatically, I stand here a candidate for no
office, I came here to do my duty for my people, and I intend to do it,
undeterred alike by the frowns of open enemies, or the inuendoes of
pretended friends.
Mr. a P. LESLIE. Bully for MOSES.
Mr. F. J. MOSES, Jr. I must say, as a member of the Republican
party, for it has been alluded to, that this Convention, as I understand
it, is of no party, but simply for the purpose of restoring South Carolina
to the Union. As that has been mentioned, and as the gentleman from
Barnwell (Mr. PARKER) has had so many tremblings ^nd nightmares
creeping over him, with regard to the Republican party, I confess, since
L
<Eg§ PEOCEEDINGS OF THE
I have lieard so many tliing-s sa.id on the floor to-claj^ I tremhie, too for
the Eepuhlican party. When I see how fast certain men, prominent
Republican^, can, in the words of the gentleman from Charleston, "swing-
ronnd the circle," it seems "^to me we should all fear for the Eepublican
party and for ourselves hereafter,
Mr. C P. LESLIE. Have yoa not swun^ round ?
Mr. F. J. MOSES, Jr. It is true these men who are here have had
what they may call a glorious example before them for the betrayal of
this party. But I, for one, do not propose to follow it. They have h^d,
in the person of one who sits at the head of the United States Govern-
ment, who has been a Judas Iscariot to his race, an example of betrayal
of his party. I am not only ready to resist that betrayal of the party to
any man, but to resist the attempts of any man in the Convention who
dares to show a disposition to follow in his footsteps. There is but one
way of betraying the Republican party in South Carolina, and that is to
deceive the people who have sent us here ; that is the only way in which
you can betray the party. Thank God, it is now so strong in the affec-
tions of the people that it could not be betrayed, except by the treachery
of those who are at its head. The gentleman from Barnwell (Mr.
PARKER) has said, what will our Radical friends at the North say, if
we propose to dip our hand into the United States Treasury and take
one million of dollars from it for the benefit of the freedmen ? And I
deny that any such proposition will be presented to them.
Perhaps the gentleman has not read the petition, and does not know
what is embodied in it ; but I have read it, and I see it is simply a pro-
position to divert from the course in which it is now going one million of
dollars in the possession of the Ereedman's Bureau, and instead of wast-
ing that money in the distribution of rations, giving, as the gentleman
from Charleston (Mr. CAIN), said about a peck of corn and a small piece
of bacon to each head of a family, for which they have to walk twenty-
miles. We propose to take from that fund one million of dollars, and
put it into the pockets of the freedmen permanently and forever. Now
I ask if our friends at the North can hoot at any such proposition as
that. If that will give the Democrats any help and put them in the
majority, then we had better request Congress to take back th« seven
millions of dollars from the Ereedman's Bureau, and abolish that insti-
tution altogether. We propose to ask Congress to lend us one million of
dollars. As it is given out now, it will never be returned. It is known,
as a fact, that the greater portion of the money in possession of the
Ereedman's Bureau has Jbeen loaned out by the Government of the
United States to white planters of South Carolina under liens of their
I
CONSTITUTIONAL CONVENTION 439
crops. Will the gentleman from Ijarnwell, or anywhere else, demand
that the United States shall appropriate money to help along men who
still have theii* hands stained with the gore of this bloody civil war.
Shall the Government go on assisting those men, and refuse to help the
freedmen? That is a plain proposition. The Government, since the
war, has been aiding almost every white man who goes to the Bureau
for assistance. We know they were engaged in the war, and raised
their fratratidal hands against the Government, and that the only class
of people who stood firm and loyal are the very people whom we propose
to ask aid for. Will our proposition be hooted at because we propose to
give help to the freedman? If that is to be the decision here, the sooner
it is known the better, for the freedmen and poor v/hites in my part of
the country are under the impression that this Convention was called
for the purpose of assisting them. I do not know how it was over in
Beaufort, Berkley, or other parts of the State, but as for Sumter, I can
vouch that the loyal portion of that District looked forward to this Con-
vention, not only to form a civil government under which to live in
peace, friendship and brotherly love, but to give them any means of re-
lief that the circumstances will prove were justifiable. If they are to
be told they were mistaken in this Convention, that all the money of the
United States Government is to be given to those people who waged the
war for the purpose of keeping them in slavery, the sooner you send the
gentleman from Barnwell on that mission of mercy to tell them so, the
better it will be for all. I contend that this is a right that these people
have. I say it is a right which they have to petition the Government to
aid them in their necessities. They have been freed, taken from the
care of masters, many of whom were kind in their treatment of them.
They have fed, clothed and housed them through all their years of
slavery ; they have not had to bufl'et with the cares, storms and turmoil
of the world ; they have not been taught to encounter all those toils and
labors, and they have been suddenly cast out into the position of freed-
men, where they have to work for themselves, and they have not the
intelligence to do it. It is not their fault that these people are ignorant.
God knows they ought to be ignorant, after all they have passed through.
It is admitted on all sides that it was the policy of the Southern country
to keep them in ignorance, because you could not keep a man in slavery
who was intelligent. They were debarred all the privileges that white
men enjoyed to learn what their rights were, or knowing their rights,
dared to maintain them. Having been cast out by the United States
Government, having been granted this gracious boon of freedom, it
behooves that Government to continue its charge over them, and give
55
k
ISO PROCEEDINGS OF THE
them something whereby they can begin to work. I say what we [to-
pose to give is simply a lein on tho cropy. We propose to borrow the
money, and just here I would say, if this measure is carried out, it will
be a benefit to every landholder in South Carolina. For this reason the
large majority of them having idle lands will be able to sell them. 1
have, therefore, come to the conclusion that all this doubt and wavering-
in the minds of gentlemen, as to the white people of South Carolina,
thinking they are injuring them, is all misplaced and unnecessary.
The gentleman from Barnwell (Mr. PAEKER) with that candor for
which he is remarkable, has confessed that he felt warmly on this sub-
ject. I follow in that confession. I also feel warmly on the subject. I
say there has been no subject presented to this Convention on which I
have felt so much interest as this, and I think every member of the Ee-
publican party shou.ld feel warmly on the subject. He has asked would
it not be best to avert danger to the Republican party by not granting
fhis petition. I tell him no. I say if it was the intention of the Repub-
lican party to free these people, and leave them in the position in which
they would be under, a despotism worse than slavery, and let them go
where a gentleman from South Carolina said South Carolina had gone,
then you drive them to another party which does not keep the word of
promise to the ear, and break it to the sense ; not like the Democratic
party which the gentleman fears may succeed, but the party which will
go forward on the broad principles of equity and justice to all men, and
will not fear the result, provided it does what is just and right. To that
party I for one claim to belong. I say I am prepared to desert that party
whenever it deserts those whom I represent, whenever they propose lo
draw back and take back their fostering hands from the wards of the
nation, I am willing to leave that party and seek those ready and willing
to help them.
I consider all the arguments which I have heard brought forward to
the notice of the Convention by the gentleman from Barnwell, as to
taking from the United States Treasury money for the purpose of giving
lands to the freedmen, have been answered by my reading from the peti-
tion the first few lines of the first resolution : "Resolved, that this Con-
vention do petition, and they hereby petition the Fortieth Congress of the
United States to make an appropriation of one million of dollars of the
funds in the possession of the Bureau of Freedmen, Refugees and Aban-
doned Lands." In that we do not call on the United States Government
to appropriate one cent. The money has been appropriated, and we say
the money, to a certain extent, is being wasted. I am informed if the
Bureau Bill now before Congress is passed, a great deal more money will
CONSTITUTIONAL CONVENTION. 431
be appropri:ite(l. I do not for one moment mean to charge upon the offi-
cers of the Freedman's Bureau any malfoasauce in office, misappropria-
tion, or anything of that kind. I have the utmost respect lor every officer
of the Bureau m the State of South Carolina. I know them intimately,
and never found one dishonest man among them. I know that the man
stationed in my district honors the unifprm of the United States Govern-
ment, and is true to all his trusts. I believe he is in all respects a fit
representative of the General who stands at the head of the Bureau in
this State. I do say the intention of the Government is not met by the
distribution of provisions, provided the intention was to assist the freed-
men. For although the freedmen niiay have been assisted to the utmost
extent, there is still want and def^titution, and I believe this will be the
status of afi'airs until the Bureau ceases to administer its functions. I
believe the uieans of relief, as provided by the Bureau, are totally inade-
quate. I am, therefore, willing to ask the Government to give us at
least one million of money for the purpose of attempting to prove that our
plan of relief is the best for all the people. I do not believe it will add
one featlier to the cap of the Democratic partj^ in the approaching strug-
gle, if this petition were to go to Congress.
The argument of the gentleman from Barnwell (Mr. PAEKEE) in the
first place, took it for granted that if the petition was sent in to Congress,
it would not be granted. But if Congress granted this petition, he at once
augurs ill, and says Congress will kill the Eepublican party by granting
it. Now he says, suppose Congi'ess refuses it, don't you believe it will
add to the influence of the Eepublican party. Don't you think if this
petition was sent to Congress to appropriate from the Bureau one million
of dollars now in their possession, and Congress says, " oh, no, we have
done enough for the freedmen ;" don't you think it will help the Eepub-
lican party at the North. If the gentleman's view is correct, if the mere
fact of sending up a petition can insure the Eepublican party, then I
argue many gentlemen in South Carolina must well swing on that party.
There is but one way of getting rid of this question. This argument is
an attempt to shirk it. It is a plain question, and admits of no subter-
fuge. The question is, will you or not petition. Everything else is sub-
terfuge, and he whom the cap fits let him wear it.
Mr. C. P. LESLIE. Put it on him. He is jour co-operator. Cry
aloud and spare not.
Mr. F. J. MOSES, Jr. It seems to me there is a power behind the
throne in politics; the lever is not in this Convention. We represent
the mass of people, and I tell you here, you who profess to be friends of
this people, you who profess in one breath to be laboring for their pros-
432 PROCEEDINGS OF THE
perity and advancement, aud in the next hold aloft a long amendment,
which qualifies the thing you do. I will tell you that the day of
accountability may come, and that these people will ask, where are the
duties you were entrusted to perform? I say every man in South Caro-
lina has his eyes turned to this Convention, and eveiy heart is beating
with hope that this Convention will do something for them. And right
here I take the position that so far from the passage of this petition
creating dissatisfaction and unrest, the agitation in the minds of all this
people for whose relief we ask, I say this spirit of unrest and dissatis-
faction which prevails now, whi^h has been raised up by the United
States Government like Banquo's ghost, "it will not down at its bid-
ding," and it takes some such measure as this to put it down.
I say we owe it to the landholders of South Carolina; we owe it to
those people wjio have freedmen employed under them this year; we
owe it to every freedman who walks the streets; to every artizan, every
mechanic, every wheelwright, every mason, and all the rest ; we owe it
to them to let them know exactly where this Convention stands on the
subject of relief. My constituents are sufficiently intelligent to know
that the mere sending up of this petition to the United States Congress
does not guarantee that they will get the money; and after having per-
formed my duty here, after having raised my voice, feeble as it is, in
behalf of this petition, I do not expect to qualify my work with any ex-
planatory amendment, but expect to go home to my people with a clear
conscience and tell them what I did do and what my expectations are.
I expect to tell them the truth, the whole truth. I expect to tell them
there is a possibility of Congress giving them this money. I expect to
tell them why I took the stand I did. Not because I committed myself
to that measure of relief, not because I raised my voice on all measures
of relief, for I think I am independent enough to occupy any position on
any subject I please ; it makes no difference who dares to threaten. I
say I entertained my present impression simply from a sincere convic-
tion that in working for this I am working for the good of the whole
State of South Carolina; and I tell you now, if from the fear of ^hat
the people would say, if from the fear of not being able to ride two
horses at once ; if from the fear of all these things you refuse and table
this petition, refuse to send it forward, I tell you it will not be the last
time we will meet. We will meet where the sovereign power resides ;
we will meet where we can appeal from Caesar drunk to Caesar sober.
From the representatives of the people, frightened and trembling, with
cheeks blanched, we can appeal to Caesar sober in the guise of the sov-
ereign people themselves. It is there we intend to appeal. If we fail
CONSTITUTIONAL CONVENTION. 433
het'o to get this help, if we liavo come to this reconstruction Corivtntiou
for the purpose of aiding tliis people, if we have to go back and tell
them we have failed to get relief, I give you warning here that the
blast must come, the storm cannot be averted, and you will be accounta-
ble for the deeds you liave done here. I ask you are you prepared to
meet it ?
I have a memorandum before me whicli shows that the cost of ra-
tions for the State of 8outh Carolina alone, as expended through the
instrumentality of tixe Freedman's Bureau, is $o75,G(!0. What does
that amount to after 11? Does it keep soul and body together? It
the Government intends this as a method of assistance to the people, 1
say it has been proved that tin' method was a wrong one I say there
has been no perceptible change in the destitution and starvation which
has prevailed among the colored people and poor whites since 1865 up
to this time. The Freedman's Bureau has been at work all the time,
and has performed the duty it was intended to perform, but we still
have the same starvation and destitution staring us in the face wherever
we go. We find men not willing to work. How can they work when
they know they have a wife and little ones in a state of starvation, and
that working from sunrise until the dead hour of midnight cannot bring
suflB.cient to keep their loved ones from starvation. How can you work
when you know your brawn}"^ right arm can bring no reli^^f ; when, on
going home at night, you see the wife of your bosom and your little
ones clustering around } ou asking for bread, and you have to ansM er 1
have none to i;ive ? How can any man work in this condition of affairs ?
When they start out in the juorning from the house to go to the fields,
with God's sun shining brightly above their heads, do their hearts leap
in gladness to meet it ; do they feel they are going forth to work for the
support of those who are dependent upon their labor ? No I They go
forth with hearts boruo df.'wn with sorrow ; they go forth knowing they
may toil as manfully as ever man toiled, still the demon of starvation
will hover around their homes. W^ill you give them no help from the
reconstruction Oonventiou ? How do you propose to recynstruct the
Union ? There are a thousand ways of picking up the broken frag-
ments and reconstructing a vessel, but how do we propose to do it ? Do
we propose to build it up on a solid foundation, that shall resist the
storms of ages ; or do we expect to patch up here and there, to build it
up with men not devoted to the Government whom the Government has
merely freed to put in a worse condition than before ? Shall we build it
up with those who will rebel, or who will tremble with alarm, who will
refuse a cordial support to the Government because ihey believe they
134 PROCEEDINGS OF THE
have been betrayed by it, or will we build it up with stout and strong:
hearts, out of material that shall never flinch, but will defend the Gov-
ernment ? If we will, how can we do it ? There is but one way of
making a man love his country, I love my country' town, I love the
house I live in, the land I live on, the sand I walk on ; because in that
dand, in that house, and that town, 1 have an interest. I have an interest
in the wealth and prosperity of the State. . When misfortune strikes at
her, it strikes at me. You cannot make t-itizens out of these people
unless you give them those things which make men citizens. I say you
must bind them to the Government with ties that can never be broken.
Give them lands : give them houses. They deserve it from the people
of South Carolina. They deserve it for protecting the families of those
who were away from their homes during the late war. If you propose
to reconstruct this Union, to carry South Carolina back on the shoulders
of strong, stalwart men, and do not, Sampson-like, intend to carry down
the pillars with it, you must pass this petition. If you refuse it, beware
of the consequences. Most especially do I tell those representatives
who are afraid of public opinion, who are afraid of the pencils at the
table reporters over there, and look and tremble, I say I do not desire
my name to go on the record so. I tell these men if they have come
here to betray the people they stand in danger, and they will be held to
a strict accountability, and so help me God I will be one to hold them.
Mr. C. P. LESLIE. Records are dangerous things.
Mr. F. J. MOSES, Jr. In conclusion, having noticed all the argu-
ments, I pi'opose to go a little further and steal some of the thunder
which some of the gentlemen are collecting for the purpose of attacking
me. It has been said that records are dangerous things. I grant it.
I grant the proposition, and I propose to meet that record which the
gentleman from Barnwell is preparing, and meet it as it should be met.
The records which he intends to present is one, perhaps, that will be
gotten up in his usual and ridiculous style, drawing, no doubt, a very
vivid picture of some of the scenes which transpired at the beginning
of the war, having in his mind's eye the picture of a flag being raised,
and one who helped to raise that flag standing here as the representative
of the Republican party of South Carolina. He will draw you a picture
of just such scenes as that, but for fear he would make capital of it, I
propose to meet him right here.
The picture was the picture of an officer raising the State flag of South
CaroHna. It was the picture of an officer raising the State flag over a dis-
mantled fortress of the United States Government after that fortress had
been surrendered. I am that officer. I am the man who raised that
I
•CONSTITUTIONAL CONVENTION. 4^5
55ag, and I stand here now, and tell the gentleman who follow mo with that
picture if they propose by drawing it to question my fidelity to the party
with which i am now connected, I brand the accusation beforehand as an
infamous falsehood. That is the proposition A man's antecedents are
aot to be cared for now. As far as I am individually concerned I had
my own opinions. about the war.
I do not propose to state what those opinions were. Nobody on this
floor ha.s a right to demand it. But since tire war is over, and the
troubles ended, I have done ray duty to Carolina, and have acted with
that party which alone can save the State, and I saj' it is better to remain
faithful to that party than to patch up pictures to frighten the souls of
those not brave enough to face them. As far as I am individually con-
•cerned, I cannot be frightened by it. 1 stand the equal oi every man
in the Convention, not only equal as far as my election is concerned, but
j'ar ahead of some of them, I trust, in fidelity to the Kepublican party,
and in my devotion to the interests of our people.
Mr. B. F. WHITTEMORE. I do not intend to tire the Convention
with a long speech, nor do 1 intend to establish a record here, nor do 1
consider it necessary I should do so. We are very glad to hear the
affirmations of the newl}' fledged, and we are very glad to know where
they are going to stand. We are very glad to hear of their honesty,
their purity of motives and chara(ster. I claim that imputations cast as
they have been upon this floor, upon those who have argued either
the affirmative or negative side of the question, hav<3 been altogether
Dut of place. In discussing this subject we should meet the large
majority kindly, fairly and squarely. Whatever position other men take
in regard to tliis measure, in my opinion, it is our duty to accord to every
gentleman honesty of motive and of intention. I do not believe there
stands upon this floor a single individual who is not my peer in eveiy
respect, and when he rises to his feet and gives us his individual views,
it is our duty to accord to him all credit and honor in the presentment of
those opinions. I believe when the gentleman from Charleston (Mr. R.
H. CAIN) presented the petition in behalf of the poor of the Common-
wealth, that he did so with a desire to alleviate their distress, to better
their condition and inspire them with a brighter hope for the future. I
believe, too, there might have been something in that petition that, per-
haps, might have brought about some remedy for the disorders in ithe
country to which he has alluded. It has been my duty, in the character
of a public teacher for the last two years, to become acquainted with the
^ wants and condition of the people. 1 have been up and down through
the districts, and I know what the voice of the poor has been, white and
136 PROCEEDINGS OF THE
black. I have seen them upon the plantation ; I have met them upon
the highway ; I have seen them as they came f'roni their labors, and my
office has been thronged for two years and a half with complaints of the
people of this Commonwealth. I did not come here to turn my back
upon the people. I did not come here to ask anj' individual as to whether
I had a right to offer an amendment, or anything else I was disposed to
present to this body, and when he tells me that which I offered is a de-
ception, I say it comes from that portion of his heart which I have a
right to question as to honor and honesty.
It has been ah'eady said that the motives in bringing forward this
petition were to deceive the people. I cannot believe it, nor do I believe
it. My conversations with that gentleman, who iiitroduced the petition,
assure me that my opinion was correct.
We saw and regretted the acrimonious course the debate was taking,
that district was being pitted against district ; we saw the gladiatorial
display on this floor, and the intention of gentlemen to forget the ques-
tion we were considering, in order that they might battle one with the
other. The reason I offered the amendment, was to stay this tide of
abuse in order that we might act at once upon the question before us,
and having got it out of the way, we might proceed to the business for
which we have been sent here. I regret the side issues that have taken
us away from the consideration of the great question for which we have
been sent here, namely, the constitutional provisions of Government,
which we are looked upon as delegates and citizens to attend to. I do
not question the intentions of any gentleman who desires to relieve the
distress of the people. I believe every heart beats in sympathy with
the words of the gentleman who has just taken his seat (Mr. MOSES),
in the desire to relieve all the people. I know this, that it has been
said that delegates here obtained their seats upon this floor by promises
to the credulous people that they should possess land. It has been said
of me that for the past two years I have held out inducements to the
people that if they continued in the hope to which allusion has been
made that they would become possessors of land. I know how hard it
was to beat down that idea. It has been in their minds that Grovern-
ment would some day present them with their old homes and old
farms.
There is no gentleman on this floor from the country who does not
know how much he has had to contend with when he has had to oppose
that desire which has been uppermost in the hearts of the people. I
have no desire to question that wish, and that hope which inspires every
man. I believe with the gentleman who has just taken his seat, that
CONSTITUTIONAL CONVENTION. 48V
we may make citizens of all the people, and the best way to make them
citizens is to make them possessors of little homes and farms. Why
give a man a home, a cow, a horse, a few acres of land, and he is
wedded to the soil. He is a better citizaa than ever before. He cannot
be an itinerant, and leave the State as he ha.s dune before, with all he
has upon his shoulders. I believe in creating homes for all the people,
and the fear that came to my mind was not the fear of meeting the
white man, whether upon this floor or in Sumter District, or any other
District ; it was not the fear of meeting the white man face to face, and
talking over these quescions that u>t only -igitate our hearts but inspire
the minds of our constituency. No, sir, I turn back to him the record.
I ask the gentleman from Sumter if he tliiuks I fear any white man in
•South Carolina wherever I have stood? I ask bim if he has done what
others have done? We are glad to understand he is going forth into
the great contest to make his appeals, and show to the people that,
whereas, he raised a flag that was at enmity, he now stands under the
stars and stripes, and is willing to be held forward a defender of that
country.
I do not beli ove tliere is a gentleman on the floor who will not extend
every measure of relief require I by the i)eople, but when any gentle-
man attempts to divine my fealings and my opinions by his own inter-
pretations, he undertakes too much.
Mr. F. J. MOSES, Jr. I desire to know if I am the person the gen-
tleman has been alluding to.
Mr. B. F. WHITTEMORE. If the coat fits the gentleman he can
wear it I do not say I allude to this gentleman, and yet if the coat
tits he can wear it.
Mr. F. J. MOSES, Jr. I would like to say that the gentleman never
entered my mind, and that he shirks that question as he does others.
Mr. B. F. WHLTTEMORE. I shall not require any new comers in
the flock to tell me that I shirk my duty. I have already stated where
T stood on this question and the opposition I made. The gentleman who
ie the author of the petition (Mr. R. H. CAIN) well knows why I did it.
It has nlready been said upon this floor that the gentleman who has been
so kindly alluded to in his honorable connection with the Bureau (Gen.
Scott) to which he is attached, has given us a word in relation to the
necessity of caution in all these proceedings. There is no necessity to
petition for one million, or five, or twenty millions of dollars, if Congress
can give us the moans of relief. But the mischief has been already
done. The fear, in my mind at the time, was that the people throughout
th'> State might expect and anticipate that this Convention had a right
56
138 PROCEEDINGS OF THE
and oould demand land, and give it to them, no matter how far the loan
asked for might go, or how many homes it might furnish.
I desire to deal honestly with the people, and I believe I need not g(>
back to the people in order that I may sustain the declaration which T
make here. There are men upon this floor representirg districts through
which it has been my pleasure to pass. If they give here the truf
declaration of their constituency they will say that in no way, or in ho
part have I ever deceived them, nor do I intend to deceive them, and last
of all am I to be told that I feared to meet any issue, and when the
gentleman said I shirked my position, I ask him not to sit in judgment
over me; the time will come when judgment will begin at home.
The amendment was oifered on Saturday last, but in order that speedy
action may be obtained upon the subject, and in order to show that I
have no desire to qualify the terms of the petition, or otherwise, I had
prepared a resolution which 1 will read and submit to the Convention :
Resolved^ That ihe President of tlie ([Convention be authorized to tele-
graph to the President of the United States Senate and Speaker of the
national House of Representatives, and request them to present before
their respeotivt^ branches of Congress the great need of our people, and
their homeless and landless condition, with the view of securing an early
expression from the Governnient as to whether a petition of every mem-
ber of this Convention would be productive of a loan from the national
Treasury to enable our pe(jple to buy farms on a reasonable credit, and
if so, how large an amount should be petitioned for.
At the conclusion of Mr. WHITTEMORE'S remarks, Mr. E. W. M.
VLACKEY called the previous* question, which was sustained;
The question was then put on the adoption of Mr. WHITTEMORE'S
amendment, offered on Saturday.
The yeas and nay>i were demanded, and on being taken, resulted as
follows :
Yeas. — The President, Messrs. Allen, Alexander, Bell. Olsen, Parker,
Swails, Whittemore — 8.
Nays — Bowen, Bonum, Burton, Brocket ton, BrVce, R. H. Cain, F. J.
Cain, Campi' Cardozo, Coghlan, Chnmberlain, Clinton, Cooke, Collins,
Corley, Craig, Crews. Darlington, Davis, DeLarge, Dickson, Dill, Do-
gan, Driffle, Duncan, Edwards. Elliott, Foster, Gentry, Goss, Gray, Har-
ris. J. N. Hayne, C. D. Hayne, H. E. Hayne, Henderson, Holmes,
Hurley, Jackson, Jacobs, Jenks, Jervey, Jillson, W. B. Johnson, J. W.
Johnson, Dr. L. B. Johnson, Johnston, Joiner, Charles Jones, Langley,
G. Lee, S. Lee, Lomax, Leslie, E. W. M. Mackey, Mayer, Mauldin, W=
J. McKinlay. W. McKinlay, McDaniels, Mead, Middleton, Miller, Mil-
ford, Moses, Nance, Nash, Nelson, Newell, Nuckles, Owens, Pillsbury,
Randolph, Rainey, Ransier, Richmond, Rivers, Robertson, Rose, Runion,
CONSTITUTIONAL CONVENTION. 439
Kutlind, Sunders, Sasportas, Smalls, Stubbs, Thomas, A. Thompson, B.
A. Thompson, S. B.Thompson, Vinej, Webb, Whipper, White, William-
■4on, F. E. Wilder, Wingo, Wooley, '»Vright — 98.
Absent. — Messrs. Arnim, Becker, Boozer, Byas, Chestnut, Donaldson,
Humbird, Hunter, 8. Johnson, Henry Jones, Lang, Neagle, Perry,
Shrewsbury, C. M. Wilder — 15.
So the amendment was not agreed to.
The question recurring on the main question, viz: the adoption of the
report of the Committee, recommending the passage of the petition, the
yeas and nays were demanded, and being taken, resulted as follows :
Yeas — The President, Messrs. Allen, Alexander, Bell, Bowen, Bonum
Burton, Brockenton, Bryce, Byas, R. H. Cain, F. J. Cain, Camp, Cardo-
20, Coghlan, Chamberlain, Clinton, Cooke, Collins, Corley, Craig, Crews,
Darrington, Davis, DeLarge, Dickson, Dill, Dogan, DrifBe, Duncan, Ed-
wards, Elliott, Foster, Gentry, Goss, Gray, Harris, J. N. Hayne, C.
D. Hayne, H. E. Hayne, Henderson, Hurley, Jackson, Jacobs, Jenks,
Jervey, Jillson, W. B. Johnson, J. W. Johnson, Dr. L. B. Johnson,
Johnston, Joiner, Jones, Laugley, G. Lee, S. Lee, Lomax, E. W. M.
Mackey, Mayer, Mauldin, W. J. McKinlay, Wm. McKinlay, McDaniels,
Mead, Middleton, Miller, Millford, Moses, Nance, Nash Nelson, Newell,
Nuckles, Olsen, Owens, Parker, Pillsbury, Randolph, Eainey, Eansier,
Richmond, Rivers, Robertson, Rose, Runion, Rutland, Sanders, Saspor-
tas, Stubbs, Thomas, A. Thompson, B. A. Thompson, S. B. Thompson,
Viney, Webb, Whittemore, White, Williamson, F. E. Wilder, Wingo.
Wooley, Wright— 101.
Nays — Holmes, Leslie, Smalls, Swails, Whipper — 5.
Absent — Arnim, Becker, Boozer, Byas, Chestnut, Donaldson, Hum-
bird, Hunter, S. Johnson, H. Jones, Lang, Neagle, Perry, Shrewsbury,
0. M. Wilder— 15.
So the report of the Committee was adopted.
Mr. E. W. M. MACKEY submitted the following resolutions, which,
on motion of Mr. F. J. MOSES, Jr., was laid on the table :
Resolved, That the consideration of the Constitution be made the
special order for eleven o'clock to-morrow, and be so continued from day
to day, immediately after the reading of the Journal, until the whole
Constitution shall have been finally disposed of, and during this time no
other business except reports from the Finance and Auditing Committees
shall be considered.
Resolved, That this resolution shall not be rescinded or suspended ex-
cept by a three-fourths vote of the Convention.
The hour of half-past two having arrived, the Convention, adjourned
to half- past ten o'clock to-morrow.
PROCEEDINGS
CONSTITUTIONAL GOPENTION
OF
soxjth: O-A-K^OLiisr^,
Htld at CharJeston, S. C, (jeginning January \-ith and ending March
\lfh, 186S.
IN(^LUL>!Na TMI-:
DEBATES AND PROCEEDINGS.
iii:F(»KTi:i> nv .). woodkuef, imionoukaimhc iiki'oktkr.
VOL. 2.
PUBLISHED BY OEDER OF THE CONVENTION.
CHARLESTON, S 0.
PRINTED BY DENNY & PERRY
163 Meeting Street.
:1868.
PROCEEDINGS
Constitutional Convention
SOUTH OA-IS/OXjIIsrJL.
I
Tuesday, February 18, 1868.
The Convention assembled at half-past 10 A. M., and was called to
order by the PRESIDENT.
Prayer was offered by the Eev. B. F. RANDOLPH.
The roll was called, and a quorum answering to their names, the
PRESIDENT announced the Convention ready to proceed to business.
Mr. N. G. PARKER offered the following resolution, which was
agreed to :
Whekeas, it has come to the knowledge of this Convention that the
Hon. Jacob M. Howard, United States Senator from the State of Michi-
gan, proposes in a few days to visit Richmond, and address the Consti-
tutional Convention of Virginia, now sitting in that city ; be it
Resolved, That the Constitutional Convention of South Carolina re-
spectfully and cordially invite the distinguished Senator to extend his
trip to Charleston, and address this Convention on the important sub-
jects which are now exciting our country.
Mr. E. W. M. MACKEY moved to call up from the table the resolu-
tion offered by him yesterday, previous to adjournment, in reference to
confining the business of the Convention to the framing and adoption of
the Constitution, which was not agreed to.
The PRESIDENT announced the unfinished business was the contin-
57
44-t PROCEEDINGS OF THE
nation of the second reading of the report of the Committee on the
Legislative Part of the Constitution, which was suspended by the call
of the house for the Special Order, the house having under consideratioii
the eleventh section, as follows :
Section 11. The first election for Senators and Representatives, under
the provisions of this Constitution, shall be held on the Wednes-
day 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
sat^^ day in every second year, in such manner and at such places as the
Legislature may hereafter provide.
Mr. T. HURLEY moved to fill the blank in the eleventh section so as
to fix the period of the first election for State Senators and Representa-
tives, under the new Constitution, on the fourth Wednesday in March
next.
Mr. E. W. M. MACKEY moved to amend, making it the third
Wednesday in March next.
Mr. L. S. LAN'tLEY' moved to postpone its consideration, as it was
impossible for thtin then to fix the time of the first election.
Mr. B. 0. DUNCAN moved that it be postponed until after the re-
maining part of the Constitution was adopted, which was agreed to.
Section twelve was read a second time, as follows :
Section 12. The first session of the Greneral Assembly, after the rati-
fication 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 there-
after on the fourth Monday in November annually. Should the casual-
ties of war or contagious diseases render it unsafe to meet at the seat of
governmeiit, then the Governor may, by proclamation, appoint a more
secure and convenient place of meeting.
Mr. B. F. WHITTEMORE. The same reason exists for the post-
ponement of this section as for that of the eleventh section. I there-
fore move that the further consideration of this section be postponed
until the remaining parts of the Constitution is adopted. The motion
was agreed to.
Section thirteen received its second reading, and passed without de-
bate, as follows :
Section 13. The terms of office of the Senators and Representatives,
chosen at a general election, shall begin on the Monday following such
election.
^
■ CONSTITUTIONAL COXYENTION. 445
Section fourteen received its second reading, as follows :
Section 14. Each House shall judge of the election returns and quali-
fications of its own members; and a majority of each House shall con-
stitute a qugrum to do business ; but a smaller number may adjourn
from day to day, and may be authorized to compel the attendance of
absent members, in such manner and under such penalties as may be
provided by law.
Mr. L. S. LANGrLEY moved to strike out the words "be authorized
to" so as to read "may compel," which was agreed to, and the section
passed to its third reading.
Section fifteen received its second reading, as follows:
Section 15. Each House shall choose its 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 ibr the same cause.
Mr. CEAIG moved to strike out the word "cause" in the last line,
and substitute the word "offence "
The question was then taken on the amendment, VT^-hich was not agreed
to, and the section passed to its third reading.
Section sixteen was read, and passed without debate, as follows:
Section 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 in its presence ;
or who, during the time of its sitting, shall threaten harm to body or
estate to 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 returning therefrom, or who shall rescue any person arrested by order
of the House.
Section seventeen received its second reading, as follows :
Section 17. The members of both Houses shall be protected in their
persons 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.
Mr. J. J. WEIGHT moved to strike out the last clause, and substi-
tute, "The members of both Houses shall be protected in their persons;
but treason, felony or breach of the peace shall be dealt with according
to the laws of the land."
446 PROCEEDINGS OF THE
Mr. B 0. DUNCAN. I hope the iimendm»'nt will not pass. It is a
niere question of words.
Mr. B. F. WHITTEMOEE. We have decided that treason cannot
exist against the State.
Mr. B. 0. DUNCAN. The original clause is framed in the usual
form, but I hope the amendment will be adapted. It might l>e held, if
the section is allowed to remain as it is, it might be held that a member
charged with treason, felony, or breach of the peace, had no protection in
his person. For instance', a member coming from the General Assembly
after the close of the session, if he was charged with assault or breach
of the peace, and was then assaulted, this portion of the Constitution
might be quoted against him, for it says he is not to be protected in his
person in case of his being charged with a breach of the peace or felony.
Mr. W. J. WHIPPER. The clause as it stands, I think, is much
better than the proposed amendment. It is certainly understood to
mean only that a member charged with breach of the peace shall not be
protected from arrest. I hope the original clause will be carried.
The question was then taken on the amendment, which was disagreed
to, and the section, as it stood, passed to its third reading.
Mr. F. J. MOSES, Jr. We are hurrying through this part of the
Constitution with such speed that some of us cannot keep up, and we
have to consider some of the sections after their adoption by the house.
I therefore move, for the purpose of making a section just passed more
perfect, a reconsideration of the sixteenth section. As it stands, I do
not think, and others agree with me, that the term of imprisonment
which the legislature is authorized to inflict is strictly defined. I there-
fore propose to reconsider it. I wish to have it so strictly defined that a
sharp lawyer cannot misinterpret it.
Mr. F. L. CARDOZO. If that is the only argument, I do not think
it worthy of reconsideration. A sharp lawyer may interpret any part
of the Constitution as he pleases, only give him a loop hole.
The motion to reconsider was not agreed to.
The following sections then passed without debate to a third reading :
Section 18. Bills 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."
Sec. 20. Every act or resolution having the force of law shall relate
to but one subject, and that shall be expressed in the title.
CONSTITUTIONAL CONVENTION. 447
Sec. 21. No bill shall have the force of law until it shall have been
read 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 Represen-
tatives.
Sec. 22. No money shall be drawn from the Treasury, but in pursu-
ance of an appropriation made by law ; and a regular 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. 2;->. Ea^h member of the first General Assembly under this Con-
stitution sliall receive six dollars per diem while in session ; and the
further sum of twenty cents for every mile of the ordinary I'oute of
travel in going to and returning from the place where such session is
held ; after which they shall receive such compensation as shall be fixed
by law ; but no General Assembly shall have the power to increase the
compensation of its own members. And when convened in extra ses-
sion, 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 members shall vote "fzm ■yotr," and their votes thus given
shall 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 consent 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.
Section twenty-six was read a second time, as follows :
Section 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 require secrecy ; and the
yeas and nays of the members of either House, on any question, shall,
at the desire of any two members present, 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.
Mr. L. S. LANGLEY. I move to amend by striking out the words
" any two" before members, and to insert the words " one-fifth of the."
As the section stands, a small minority might clog the wheels of legis-
lation by simply calling the yeas and nays on every question, however
unimportant, and the wishes of the majority prevented from being car-
ried into effect.
Mr. W. J. WHIPPEE. I hope the amendment will not prevail. I
certainly think it should be the right of any two members to call for
the yeas and nays whenever they pleased. I hope if changed at all it
will be reduced to one.
448 PKOCEEDINGS OF THE
The amendment was not agreed to, and the section passed to its third
reading.
The following were then passed without debate :
Section '11 . The doors of each House shall be open, except on such
occasion as, in the opinion ol the Hcjuse, may require secrecy.
Sec. '28. No person shall be eligible to a seat in the General Assem-
bly 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 a,ceept
or exercise any of the said disqualifying offices he shall vacate his seat.
Mr. N. G. PARKEE, moved a reconsideration of section twenty-
eight, which was agreed to.
Mr. N. G. PAEKER then offered the following amendment: "Pro-
vided that the prohibition herein mentioned shall not extend to the mem-
bers of the first General Assembly.
The amendment was agreed to, and the section passed to its third
reading.
Section twent^'-nine was read as follows :
Section "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
of either House shall refuse to qualify and take his seat, or shall resign,
die, depart the State, accept any disqualifying office, or become other-
wise disqualified to hold his seat, a writ of election shall he issued by
the President of the Senate, or Speaker of the House of Representa-
tives, as the case may be, for the purpose of filling the vacancy thereby
occasioned, for the remainder of the term for which the person so refus-
ing to qualify, resigning, dying, departing the State, or becoming dis-
qualified, was elected to serve, or the defaulting election district ought
to have chosen a member or members.
Mr. L. S. LANGLEY. I move to amend by striking out the words
" by the President of the Senate or Speaker of the House of Represen-
tatives, as the case may be," and insert " by the Governor of the State."
Mr. W. J. WHIPPER. I hope the amendment will fail. The Presi-
dent of the Senate and Speaker of the House of Representatives are
the proper persons to issue writs of election in all cases of necessity, and
is conformable to the practice heretofore adopted. I do not know as it
will be necessary for the Governor to be present all the time during the
session of the General Assembly, and if a vacancy should occur, the
House should not be compelled to wait for the Governor before issuing
a writ of election. The President of the Senate and Speaker of the
House are the proper persons, as they can do it at once.
CONSTITUTIONAL CONVENTION 449
Mr. J. S. CRAIG. The amendment of the gentleman from Beaufort
(Mr. LANGLEY) occurred to me as a very proper one to be made be-
fore it was presented.
It appears to me that the Governor would have just as much oppor-
tunity to know when a vacancy occurred as the President of the Senate
or Speaker of the House of Representatives. I hope the amendment
will be sustained.
Mr. S. G. W. DILL moved the indefinite postponement of the amend-
ment, which was agreed to, and the section then passed to its third
reading.
Section thirtieth was read as follows ;
Section 30. And whereas the ministers of the gospel are, by their pro-
fession, dedicated to the service of God and the cure of souls, and ought
not to be diverted from the great duties of their functions ; therefore, no
minister of the gospel, or public preacher of any religious persuasion,
whilst he continues in the exercise of his pastoral functions, shall be
eligible to the office of Governor, Lieutenant-Governor, or to a seat in
the Senate or House of Representatives.
Mr. B. F. RANDOLPH. I move to amend by striking out " minis-
ters of the gospel" and substitute " whereas doctors and apothecaries
are by their profession dedicated to the preservation of health and the
cure of soles,'''' &c.
Mr. F. J. MOSES, Jr. I move to strike out the whole section.
Mr. E. W. M. MACKEY. I move to lay the amendment offered on
the table.
The motion to lay on the table was agreed to.
Mr. F. L. CARDOZO. I move to reconsider the motion to lay on the
table, and to lay the motion for reconsideration on the table.
The motion was agreed to, and the PRESIDENT stated that accord-
ing to parliamentary usage, the laying of an amendment on the table
carried with it all that cohered to that amendment. The gentleman from
Charleston (Mr. CARDOZO) having moved a reconsideration, and to lay
the motion for reconsideration on the table, both having been agreed to.
it was out of the power of the house to ever take it up again. The sec-
tion was therefore laid on the table.
Section thirty-first was read as follows :
Section 31. Members of the General Assembly, and all officers be-
fore they enter upon the execution of the duties of their respective offi-
ces, and all members of the bar, before they enter upon the practice of
their profession, shall take and subscribe the following oath :
"I do solemnly swear (or affirm, as the case may be) that I am duly
450 PROCEEDINGS OF THE
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 Con-
stitution of the United States and the Constitution of South Carolina, as
ratified by the people on . So help me God.
Mr. B. F. WHITTEMORE moved that the blank be modified as fol-
follows : " On the day of — 18(i<S," and the following words
were added : " And the President of this Convention is authorized to fill
up the blanks with the proper date when he shall have received satis-
factory information that this Constitution has been ratified by the peo-
ple."
Section thirty-first was then passed to its third reading.
Section thirty-second was read, and passed without debate, to a third
reading, as follows :
Section d'2. 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.
Section thirty-third received its second reading, as follows :
Section 33. The House of Representatives shall have the sole power of
impeaching ; but a majority of all the members elected, must concur in
an impeachment. All impeachments shall be tried by the Senate ; and
when sitting for that purpose, the Senators shall be upon oath, or affirm-
ation, to do justice according to law and evidence. No person shall be
convicted without the concurrence of two-thirds of the Senators present.
Mr. R. G. HOLMES. It strikes igie that this section comes in conflict
with the twenty-eighth section of the Bill of Rights, which forbids the
legislative power exercising any judicial power or authority. It says
here that the Senate shall judge of impeachment cases. We should
add ''that the Senate shall be a Court consisting of the members of the
Senate and Judges of the Supreme Court, of which the Chief Justice
shall be President." I move to amend by striking out the words " and
when sitting for that purpose " and substitute that amendment ; also, to
strike out the word " Senators " in the last line, and say '' members of
the Court."
The amendment was not seconded.
Mr. N. G. PARKER. I simply desire to suggest that the section be
stricken out here and be incorporated in the proper place in the Judiciary
CONSTITUTIONAL CONVENTION. 451
part of the Constitution. I find, upon examination, that there is a
special article upon impeachment in the Judiciary report. It might per-
haps be as well to postpone this at the present, and let it be taken up in
connection with the section on the same subjV?ct in the report of the Judi-
ciary Committee.
Mr. R. C. DeLA.RGE moved that the consideration of this section be
postponed.
Mr. A. J. EAN8IER. I move as an amendment that it be recom-
mitted to the Committee, with instructions to refer it to the Committee
on the Judiciary.
Mr. J. M. RUTLAND. I have no doubt we shall find similar sections
in all the several departinonts of the Constitution. That, it appears to
me, is no good reason why we should strike out a section from one of
these departments. As I understand it, the Committee on Review and
Consolidation will arrange that matter. They will consolidate the whole,
so that that objection falls to the ground. I hope we will act upon each
section as if there was no section of the kind in the other departments.
I hope the house will not strike out this section.
The question was taken on the motion to recommit. The motion was
not agreed to, and the motion to postpone being withdrawn, the section
passed to its third reading.
Section thirty-fourth was read a second time, as follows :
Section 84. The Governor, Lieutenant-Grovernor, and all other civil
officers, shall be liable to impeachment for high crimes and misdemean-
ors, 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 to law.
M. J. M. RUTLAND. I think there is a repetition in this section. I
move to strike out the two clauses after the word " misdemeanors".
The Senate is the Court to decide what the high crimes and misde-
meanors are. I do not see why the Senate should try, if the members
are not to be the judges of what the misdemeanors are.
Mr. W. J. WHIPPER. A man might be guilty of some misbehavior
which might not be a high crime and misdetneanor.
Mr. S. CORLEY. I prefer the words " for corruption" retained in
the section.
Mr. B. 0. DUNCAN. I hope the amendment will not prevail. One
58
43® PROCEEDINGS OF TEE
of the great troubles of the country now ia the misunderstanding of that
word "misdemeanor."
The question was taken on the amendment, which was not agreed to.
and the section passed to its third reading.
Section thirty-hfth was read a second time, as follows :
Section 35. There shall be exempt from execution or other final pro-
cess of any Court issued for the collection of any debt, a homestead in
the country, consisting of one hundred acres, and tlie dwelling and ap-
purtenances thi^reon, 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,
village or country, shall not exceed in value two thousand dollars. There
shall als> be exempt from such execution or other final process of any
Court issued iov the collection of any debt, the necessary articles of hir-
niture, apparel, subs-istence and implements of huebaudrj', trade or other
employment, to the value of five hundred dollars. But no property shall
be exempt i'vo'n. sales for taxes, or for the payment of obligations con-
tracted for the purchase of said homestead, or lor the erection or improve-
ment thereon. It shall be the duty of the Legislature, at its next ses-
sion, to pass such laws as may be necessary to carry this provision into
effect.
Mr. T. J. EUBEETSON. I move to amend by adding after "two
thousand dollars " the following : " No homestead shall be exempt from
levy for any just. debt existing prior to the passage of this Constitution."
I have only a few words to say in relation to this amendment. I am
willing and shall insist upon a homestead law for the future. But I am
not willing to go back and give men twenty-five hundred dollars worth
of property which they are not justly entitled to I am not willing to
make this body the instrument of class legislation, by giving to the men
who brought (m the war, staked their all on secession, and who have
ttirned off and driven the colored men, to whom they owe their property,
from their plantations without a dollar. Can we give twenty -five hun-
dred dollars worth of property to such men for notldng? This section,
as it is, leaves room for mischief. I am in favor of every man having a
home, provided he pays for it; but I do not believe in any resolution or law
that is retrospective in its operations. The men who made this war did
not count the cost ; they did not care whose property was sacrificed.
They drove men like cattle into slaughter pens, and I want to know if
this body is prepared to relieve them at the expense of the loyal men of
the cotintry. I hope the amendment Avill be passed.
Mr. R. C. DkLARGE. I trust that clause of the homestead will be
passed just as it is reported by the Committee. I also hope that if any
amendment is oft'ered it will be such as will not prevent that act from
CONSTITUTIONAL CONVENTION 453
being even retrospective in its action. I appeal for no particular class
of men. I am sorry to differ with the distinguished 'member from Rich-
land, but I do not consider this a class measure.
It is not, I feel assured, the desire of any individual to legislate for
an}' special class of people. It is not, perhaps, within the power of the
■Convention to pass any act that will not benefit some class. Consistency
is a jewel, and havina: voted for all measures of relief to the impover-
ished condition ot the people of the State, I deem it but right and pio-
per to suppoi"t a homestead for the same reasons I have supported
■other measures of relief. That this act gives to the men who carried the
State into rebellion the same rights and privileges given to others who
have stood steadfastly by the, Union I will admit, and as far as I am
concerned, I stand here upon this floor with higher motives than those
of revenge towards any class of citizens of this State. I do not think
this act will come, or is intended to be, in conflict with any mortgage, or
even any judgment, already existing upon a homestead. But no one
would surely pretend to say that because I owed five hundred dollars
last year the law knows or recognizes me as a debtor until I am proved
such. It would be just as consistent for the gentlemen to tell us that
tbe law knows a man to be a murderer before convicted by his country-
meti. A homestead act to be beneficial, must be retrospective. My dis-
tinguished friend from Richland has forgotten that while a homestead
act will benefit a large class of men who carried the State into rebellion,
it will also benefit another very large class of men, who were, as he well
describes it, dragged into that slaughter pen to which he has alluded.
I desire a just and liberal homestead act, which will relieve all classes of
the people. I trust the amendment of vay friend from Richland will be
voted down by the Convention.
Mr. J. S. CRAIG. If I understand the amendment of the gentle-
man from Richland, it is to add a clause, so that the section shall not
act retrospectivelj'. I cunsider this one of the most important measures
of relief that has come before this body. It will effect more good to the
people generally than any act which has come before this body. Be-
lieving this, I shall endeavor, in my humble way, to defend it. If we
frame the act so that it will not be retrospective, it will accomplis^h
the end we have in view, but very poorly. I am in favor of this section
acting retrospectively as far as possible without coming in conflict with
the laws of the country. I understaud, however, and have my opinion
from good authority, that we can act retrospectively and not come in con-
flict with any law, provided there is no lien upon the property. This I
learn has been, the decision in many Northern Courts, that where the
454 PROCEEDINGS OF THE
property has uo liea upon it a homestead law can act retospectively. 1
believe that to be the fact. I am desirous of doing all the good I can
for the people of the country in providing measures for their relief. I
am willing to leave the question of its acting retrospectively to the
Courts. If the Courts say it can act retrospectively, then I claim it
should do so. I am opposed to the amendment of the gentleman from
Richland for the reason I have assigned, and do not think it necessary
to go into any lengthy discussion of the subject.
Mr. N. G. PAE.KER. In advocating the passage of the section now
under discussion, 1 desire to say in the outset, that I am governed by no
other motive than to secure the welfare of all the inhabitants of South
Carolina. I desire to nccomplish all that it is possible for this Conven-
tion to do, to relieve the people of this State, our constituents, from the
terrible distress whicli they are now suffering, and from the danger that
threatens them. I do not say to do this that I would yield one iota of
principle, or sacrifice a long clierished opinion ; but, sir, I would open my
heart to extend towards them all the sympathy that a decent regard to
principle and justice would permit. I am aware that 1 may be charged
by some with possessing more sympathy than judgment; but, sir, I would
rather be subjected to that imputation than on Ihe other hand to be
charged with a lack of sympathy. I thank God that the milk of human
kindness forms a large part of the material of which I am composed, and
that my devotion from boyhood to the present time to the interests of
the oppressed and down trodden of my country cannot be questioned.
I trust that I may be pardoned here for alluding to the colored race.
I would gladly avoid all allusion to them as a separate people. I would
gladly see the word color expunged from the vocabulary of terms applied
to men, and I confidently look ft)rward to a period when there will be no
distinctions on account of race or color ; but sir, while it exists, it is
necessary occasionally to allude to it. I only do it now because the
argument has been presented to me, that an effort to secure the passage
of this section was a stab at the rights of the colored man.
It has been said that to secure the present landholders in the posses-
sion of a homestead will prevent the sale of lands ; consequently none
will be put on the market, and the colored man will get no land. Why,
sir, this bill provides for a homestead of only one hundred acres ; few
of the landholders of this State who own one hundred acres of land
own less than five hundred acres, and from that to ten thousand, and
even more. It is not proposed to make a homestead exemption for the
very rich man of ten thousand acres, and for the rich man of five hun-
dred acres, and for the man of moderate means of one hundred acres,
CONSTITUTIONAL CONVENTION. 455
and for the poor man of one acre, but sir, taking all things into account
in this State in the present condition, it is a broad and liberal proposi-
tion of exempting one hundred acres of land to every man the head of
a family who has already, or may hereafter acquire the same, as a home-
stead, which shall forever be inviolate and exempt from all claims, and
be forever the property of the family who acquired it.
I am aware that the amount or value of the exemption named in this
ordinance is larger than the average of such exemptions ; but, sir, I do
not consider this an objection to it ; on the contrary, for several reasons,
it is one of its principal merits.
I have said, on a former occasion, thaU I would have this Convention
offer a Constitution. to the people of this State which would stand forth
pre-eminent among the Constitutions of the States of our national Gov-
ernment for humanity, justice and liberality. To pass this section of the
Constitution will be to go far to establish its merits for these great quali-
ties. I desire to remove every obstacle that stands in the way of the
prosperity of this State. Circumstances over which the great majority
of our people had no control, has brought them into this suffering con-
dition. I desir#to show that the great war through which we have
passed was not a curse but a blessing, not only to the colored man, but
to the whites. That the emancipation of slavery was not the only
emancipation that was effected by it. The emancipation of the mind of
the great mass of my brother whites was quite as great an event to them
as the emancipation of slavery was to the colored race. It is not yet
comprehended by all our people, but that is no sign that it will not be ;
it is our duty as legislators, as representatives of the people, to force this
conclusion home upon our constituents. And, sir, in my opinion there
is no way in which we can do so much by any one act as to pass this
homestead exemption. We can afford to be generous, and we must be
both generous and just.
The tables have turned ; for the first time in the history of this State,
a race hitherto denied not only the right to sit in assemblies like this,
but the right to have any voice whatever in the election of any one to
tsit here, are now not a mere minority, but a clear majority. Being clear-
ly in the majority, it is doubtless the belief of nearly all of our white
brethren throughout the State that you will imitate their example, and
legislate exclusively for your own benefit and not for all.
We, the few white Republicans in the State, are satisfied that no such
thing is contemplated, nor ever was. We have all along been satisfied
on this point, but it is incumbent on us all to satiny all persons of the
fact and pass this homestead exemption, and all doubts will be expelled.
456 PROCEEDINGS OF tHE
I have heard it said that the colored luau would g«t no land if this biif
was passed, that it would keep all lands out of the market, and this was
what the landholders wanted ; but, sir, this will not follow, it is not true,,
and I wilt show it. This exemption, a>. I have before repeated, exemptsr
only one fiundrod acres. There are plenty of debts hanging over
the heads of the great majorit}' of landholders, in my opioiou, and
within my positive knowledge, to show the utter falsity of this pre-
sumption. It is to be deplored that there are so many debts hanging-
over our people tliat must be paid if they have the property to pay it
with, for it cripples their means, destroys to a great extent their hopes
and energies, and retards not oalj^ their pi-osperity but the prosperity of
all. Those who own land cannot prosper unless those who do not own
prosper. No one can dispute this, hence you dosire, we all desire the
prosperity of the present landholders. I do not, however, desire any
man to hold ten thousand acres of land, nor five thousand, nor hard-
ly in any instance one thousand acres. I hope to live to see the
time when there will not be a large plantation in the State; but to see
those that now exist cut up into one hundred thousand farms, and all of
them prospering. •
But, sir, this exemption does not provide for any person retaining a
large plantation ; it is only for one hundred acres. Now, I would ask, if thi;4
bill is passed would the colored men be injuied by it ? Supposing all
the land of the State to pass under the auctioneers hammer to-day for
debt, or to-morrow, or next month, or next spring, or next year, at any
time, would the colored man get much of it r* Have they the means to
purchase now ? I do not believe it. And precious little would they
be able to purchase at any price. I verily believe, and I say it in
no disparagement to them, that if it was sold to-day for one dollar per
acre, there is not one in a hundred throughout the State who could pur-
chase a single acre.
They are not ready to purchase lands yet, and I fear that unless more
prosperity is established among the present landholders that they never
will be ready to purchase. Pass this homestead exemption, and one step
will be taken in the right direction; do not be afraid of it because it
seems to please man\ v.-f the whites. There may be some white men
who take tlie view of the case that I have endeavored to overthrow ;
they may believe that they can keep you out of laud if such an act is
passed, but they are really mistaken. They will be glad enough to sell
it, they cannot aiford to keep it, it will ruin them if they do ; they can-
not work it profitably in such large tracts, and they will be ruined if
they persist in the attempt. It may be the motive of some for wishing
CONSTITUTIONAL CONVENTION. 45»
this exemption passed ; but never mind that, we must pass it if at all
upon its hierits alone, regardless of any ones opinions.
I want to see the collared men of this State, and oi all the States,
whenever they acquir** property, own farms, houses, and other property.
I want them to keep it after they acquire it. It is one uf the reasons
for pressing this exemption. A good many own lots and houses in
towns and cities now. a few in the country ; they are as much interested
in securing them to themselves and families as are the whites. There
ajtf» sharpers all over the world ; the war did not kill them all off. North
or South, they will coax, steal, swindle, and tear away the j)roperty of one
man as quickly as another. They are no respecters of persons ; they will
take a colored man's house away from him and turn his family into the
street just as quick as they would a white man; we are to legislate
for the future and not wholly for to-day. We have an opportunity now
tu do what we may not have fur ten, twenty or fifty years; let us take
the whole responsibility and do that which seemeth right, whatever may
be thought of us or our acts. It is a mistaken idea that to pass this
homestead exemption will keep land out of the market; it will do no
such thing, there will be plenty of it on the market at all times in our
day for all who want it, and I believe at a reasonable price. There are
•debts due from the landholders that must be paid, and their land must
pay them ; they have nothing else wherewithal to pay them ; they can
sell their surplus lands, pay their debts, and be better off. Taxes are al-
ways (at least in hard times) a burden, will be assessed yearly upon all
lands, and they must be paid. The expenses of the State (constantly
increasing, will be a continual drag upon those who attempt to carry on
large landed estates with a small amount of money,) will alone force
sufficient lands upon the market at all times to meet the wants of all
the landless. This Convention will cost the State quite a large sum of
money. A Legislature will soon assemble, and that will cost money.
Education, once limited, is to be general, and that will be expensive ;
and, to keep up with the age, it is fair to presume that the State tax
will be greater next year than this, and increase yearly ; this will be
felt, and will be the stimulus to many for owning less land, and cause
them to see the necessity of disposing of their surplus.
Now, as to the amount, I do not consider it tou great ; it is no argu-
ment that it i-t because other States have made it less ; we have been in
times past an exception to other States, and we can be again. We have
been more unjust and illiberal in many things, let ns be more just and
liberal now in some things. It; is said by some that it will be unconsti-
tutional to pass this homestead exemption. Why, sir, I propose to
4^§ PROCEEDINGS OF THE
make it constitutional ; we are here to make a constitution ; those who
think we have no right to pass this exemption must reflect but a moment,
when I think they will be convinced that we have a right to do so, and a
great many other things. A. Constitutional (^'onvention has, in my opin-
ion, a clearer right to legislate upon all matters that interest the State
than any other body possib]}' can have. The reconstruction acts of Con-
gress under which we are elect'ed, gives us all power to '• frame and
adopt a Constitution and a civil government for the State of South Caro-
lina." To adopt, or organize a civil government of a State, certamly
covers all the ground that we ask. Our right to pass any Ordinance of
relief to the State, or of interest to the people, cannot be questioned; it
is as clear as the noon day sun.
Again, the State protects itself in the adoption of this act. Every
State must protect all the inhabitants of it and itself, as an organiza-
tion, from that which would destroy it. The poor of a State must be
maintained. Every law of justice and humanity requires this. To pre-
vent pauperism, then, is but a measure of self- protection. The State
and every county, town, city, arid every individual in it who owns a dol-
lar's worth of properity for which they will be taxed, are interested in
preventing pauperism. The City of Charleston alone appropriates the
present year $S0,000 for the support of its orphans and almshouse.
What the amount in the State is I have not taken the pains to ascer-
tain; but, sir, it must be quite a large amount, and we are all interested
in keeping it at the lowest possible point. Refuse to pass this exemp-
tion act, suffer the property of the people of this State to pass under
the auctioneer's hammer now, and pauperism will so increase that the
next purchaser of the lands will shortly be compelled to suffer the same
penalty, in order to pay the taxes that will necessarily be imposed upon
him. I am glad rather than otherwise, that his Excellency the Gov-
ernor of the State recommends the passage of a homestead law.
When, however, this Ordinance was introduced here, I had not been
informed what were the views of his Excellency upon this subject.
That they are in harmony with the principle contained in this act, can-
not be any reason for us to oppose it ; but if we receive it without preju-
dice, and I believe we do, it should be additional reasons for adopting it.
I trust, therefore, sir, that we shall pass this section, and establish at once
the claim of this Convention to the thanks of the entire people of this
State, and the respect of all men everywhere throughout the world.
Mr. L. S. LANGLEY. I move to amend the ninth line (printed bill),
by adding the words "or for debts contracted for labor." Under the
section as it now reads, a homestead worth $2,000 is exempt from levy
CONSTITUTIONAL CONVENTION. 459
or sale of property under executiou for debts due by the owner, but 1
think some provision should be made for the security of the laborer, and
that men who employ others to work for them should pay for that labor.
I am in favor of a homestead law in the State for the future, and to
protect those now in poss ession of a homestead, but 1 am not willing to
release a man who owns ten thousand acres of land, and is divested of
that property by virtue of a legal process through his creditors levying
on it for just debts. We certainly should not adopt a section in the
Constitution whereby the laborer might be d'^frauded or cheated of the
reward of his labor. As the section stands, it would exclude the laborer
even who has obtained a decree of Court securing him pay for his labor.
That I feel assured is not the desire of the Convention ; I therefore
offer this amendment.
Mr. C. C. BOWEN. I am sorry to have to disagree with some of the
proposed amendments. I am a little surprised that the delegate who
has just taken his seat insisted that the homestead should be exempt so
far as labor was concerned ; he might have added and for a certain
amount for whiskey and provisions, and thereby rendered the homestead
law ridiculous. If a party has a homestead set aside for the use of
himself and family, is it not better for the laborer, the merchant, and
the world around. I see no necessity of encumbering the section with
such amendments, unless it is the object of the delegate to defeat it.
Mr. L. S. LANGLEY. I desire to ask the gentleman whether as the
section stands, the laborer who has performed work on the plantation
last year, can collect his wages that remain unpaid after the ratification
of the Constitution?
Mr. C. C. BOWEN. As I understand the proposition, is that the
homestead shall not be taken by any one for any debt whatever. There
are two classes of debts that are secured; the first is a mortgage in
which all the premises are described. If a man holds a mortgage upon
a piece of property, and that property is described in the mortgage, there
is but one way to discharge it, and that is to pay the money. No home-
stead law can affect that. There is but one other class, and that is where
a judgment has been already entered up in a Court of record of a lien
upon any property. No homestead law can affect that.
Mr. T. J. EOBERTSON. A gentleman is now in this city who has
made application to Brevet Major-General E. E. S. Canby, to allow him
to get back a homestead sold two years ago. I desire to know whether
Brevet Major-General E. E. S. Canby can relieve him, if he has not
paid for it, whether he has or has not given a mortgage ?
Mr. C. C. BOWEN. I do not propose to go into any argument of
59
460" PROCEEDINGS OF THE
that kind. I do not think it has anything to do with the question of a
homestead. The object of this section is to secure to heads of families-
a homestead, consisting of a certain amount named. There are twO'
classes ot debts, as I have already said, which I consider secure. The
amendment of the gentleman from Eichland (Mr. EOBEETSON). is to
make this section prospective only ; in other words, that all debts con-
tracted heretofore, whether covered by judgment or mortgage or not^
shall have the same standing. I object to that; I am in favor of letting
it have as broad a scope as possible under the circum.stances. This doe&
not propose to interfere with any contract. It is a proposition to se-
cure a man or head of a family a certain amount of property. I move
to strike out these words. " but no property shall be exempt from sale
for taxes, or for the payment of obligations contracted for the purchase
of such homestead.''
It is usual where parlies sell lands, especially if the sale is on credit,
to take a bond and mortgage As soon as sold. I have said a mortgage
covers the debt, and if the party selling a homestead has not taken a
mortgage for the purcliase money, he must have been a very poor
business man, and ought to suffer, for it is his own fault if he has not
secured himself. But I venture to-day there is not one case in five
thousand where a party sells real estate property on credit and does not
take a mortgage. It he has taken this precaution, the homestead bill
cannot affect him. But against all other debts, or in any way possible,
I say a man's homestead should be protected.
Mr. T. K. SASPOETAS. I think the sum mentioned too large,
though I am in favor of a homestead law. I move to strike out $2,000
and insert $1,000.
Mr. F. L. CAEDOZO. I have opposed heretofore the cancellation of
any debt whatever that a man contracted, and the violation of any obli-
gation or contract entered into. I dosire to make a special exception for
a homestead law. I think every head of a family should have a home-
stead of about the value mentioned in this section. But at the same
time, I favor the sale of all the rest of a debtor's property to pay his
just debts. Such a law would establish a more permanent and settled
character among the American people, who heretofore have been distin-
guished for their migratory character, simply because they were not pro-
tected in their homesteads. It would not only give a greater perma-
nence, but a greater security to our people. I hope the section will pass
just as it is, and that all the amendments will be voted down. I like
that part of the section particularly which my colleague (Mr. BOWEN)
wanted to amend, and which says, "No property shall be exempt from
CONSTITUTIONAL CONVENTION. 461
«alB lor taxes or for the payment of obligations contracted for tlie pur-
chase of a homestead." I think the gentleman from Beaufort (Mr.
LANGLEY), who desires to have his amendment attached to this, was
surely battling against a creature of his own imagination, for if any
labor is e.xpended in the erection of a homestead, this clause gives the
laborer the right to levy. For any debts contracted for the puiehase of
the homestead or its erection any person has the right to levy on that
homestead. I would like to ask my colleague (Mr. BOWEN), if he
means to say that a homestead should be exempt from levy or sale on a
mortgage. If I understand him correctly, a person can levy and sell on
a mortgage. Cannot a person be the mortgagee and another person
hold the mortgage. It appears to me that a person who holds a mort-
gage can sell the mortgage and pay ofi' the debts due him. The propo-
sition of mj colleague to strike out the last clause, if agreed to, might
make it impossible for the owiier of a homestead, who desired to im-
prove it, to borrow one or two thousand dollars on that propertj for that
purpose.
Mr. L. 8. LANGrLEY. The gentlemaji has stated that my apprehen-
sion was not well founded, or, in other words, il the section passes as it
is, it would not preclude the laborer from collecting the debts due him
for wages. His colleague (Mr. BOWEN) admitted it would be utterly
impossible for the laborer to collect his wages, under this bcction. I
desire to know whether the gentleman, after supporting so eloquently
the petition for the purchase of lands, in order that laborers might ob-
tain them on a credit of five years from the Government, is now willing
to prevent the laborer from collecting the honest wages of his toil.
Mr. F. L. CAEDOZO. I have not the slightest objection to the
laborer collecting the honest wages of his toil, if that is for the erection
of the homestead. Let him collect debts due for work on the home-
stead by levjing on the homestead, and for debts due for the cultivation
of the soil by levying on the produce. Let him collect his wages on
whatever his labor has been expended. 1 think we only differ as to the
method in which the laborer shall collect his wages. I say I favor this
last clause because it allows a man who has only a homestead to borrow
money on that homestead, and thus be enabled to improve it. If we
strike this clause out, it prevents him from improving his grounds, be-
cause no person will lend him the money if he cannot give a mortgage
on his homestead. It seems to me he could not mortgage it for any
other business transaction. I hope, for these reasons, and from the fact
that it will have a tendency to produce a permanent settled character
among the American people, and for the just preservation of a man's
462 PEOCEEDINGS OF THE
family, the wife aud thildren of him who may become involved in debt
and bankruptcy in the course of business transactions, I hope the sec-
tion will pass, and all the amendments be voted down. With regard to
its retrospective action, this section does not state its character in that
respect, and, I think, for a good reason. We cannot pass any retro-
spective law whatever. We have not incorporated into our Constitution
an ex post facto law, and if we do not do that, then our Constitution can-
not conflict with the Constitution of the United States. The Courts are
compelled to abide by the organic law we frame. They must consider
the Constitution as their guide; and they could not, nor would the Con-
stitution of the United States justify them in pronouncing this or any
other section retrospective and unconstitutional.
Mr. W. J. WHIPPEE. I hope, with the gentleman who last
addressed the Convention, that every amendment offered to this section
will be voted down, and the section passed as it now stands. The mem-
ber from Orangeburg (Mr. SASPORTAS) proposes to amend by making
the sum one instead of two thousand dollars.
The object of this homestead law is to protect the homeless, and there
are very few in any State that would have or could have a home, if the
amount reserved was only one thousand dollars. The ground upon
which your home would necessarily be erected would cost more money.
It would be only a protection to some who live in the country ; but by
making it two thousand dollars, protection is afforded to all classes in city
or country. Two thousand dollars in the city of Charleston would cover
a moderate homestead, whilst the same amount in some portions of the
country would be large. The amount of two thousand dollars I believe
to be small enough.
With regard to the retrospective character of the section, there is no
question but that it will to a certain extent act retrospectively. It was
designed to act retrospectively as to all debts not really vested ; but
against any other it cannot so act. It cannot destroy any vested rights,
such as a judgment or mortgage. In any case where a judgment has
not been obtained on a mortgage it will act retrospectively. Such was
the intention of the Committee in framing this section.
The member from Richland says we will protect men who bet their
all on secession. This will be a very poor reason for leaving all poor
men exposed to the mercy of the heartless speculators who are now
scattered throughout the State. We should not refuse protection to a
man simply because he bet his all on secession. We are framing laws
for the whole people, and are not to consider the fact that the law pro-
tects the man who was once a political criminal. We are not to refuse
CJONSTITUTIONAL CONVENTION. • 463
to pass an act that will benefit the great masses of the people, lest we
should protect somebody in ffivor of secession.
Mr. T. J. ROBERTSON. Is it not entirely class legislation ?
Mr. W. J. WHIPPER. I answer the gentleman niost emphatically,
no. As one of the Committee, I distinctly assert that no class legislation
was intended. It proposes to protect every man in a given amount of
property. Even if it was a fact that there was not a colored man in
South Carolina who had an aci-e of land, it is to be remembered that
their chances in the race of life are now equal, and the fact that they
may now become owners of land creates the necessity for such a provi-
sion in the Constitution as is now offered.
Mr. T. J. ROBERTSON. That is the very reason I offered my
amendment.
Mr. W. J. WHIPPER. There are many colored people in the State
of South Carolina who have already obtained lands, who have property,
and who desire this protection, not because they are black men or white
men, but simply because they are men, and the homesteads of men
should be protected.
Mr. L. S. LANGLEY. I desire the gentleman to state distinctly
whether laborers who labored hard last year could, after the adoption of
this Constitution, collect their wages for their labor, and whether the
homestead could be levied on and sold for the payment of such debts.
Mr. W. J. WHIPPER. The gentleman inquires whether the laborer
who labored hard last year could levy on the homestead for the pay-
ment of his wages. I answer most emphatically he could not.
It is the design of the homestead law to protect this amount of property
against all past debts where the rights of property have not been vested.
We cannot &et aside a judgment obtained. We cannot set aside a
mortgage. For the present, the laborer must depend for his protection
upon the general orders of the Military Commander of the District.
The Legislature will meet within the next six months, and it will be the
business of that body to provide, by a lien upon the crops, for the pay-
ment of the wages of the laborer. All debts that arise after this section
is adopted for labor may be secured by the laborer, who will have a
right to levy on that which he produces, and the Legislature when it
meets, as the guardian of the country, will enact measures to secure the
laborer just compensation.
I hope therefore the section will pass as it came from the hands of
the Committee. I hope it will be adopted without any regard to race or
color, and the mere fact that it may at the present time protect more
white men than black men is certainly no argument against it, for it is
464 • PEOCEEJDINGS OF THE
to be hoped and presumed that the poor people of this country, irre-
spective of color, will become possessed of homesteads. It is the duty
of this body to atlord them this protection. Other States have done it,
and we can only give this much needed protection to the poor people by
passing a homestead law. I hope every member here will vote for it,.
and vote down every amendment offered to it.
Mr. T. J. EOBEE.TSON. Retrospective laws^ according to my under-
standing and version of the Constitution of the United States, and of
the sections of the Bill of ELght.s we have already p issed, are unconstitu-
tional. The Constitution of the United States says, "No State shall
pass any laws violating the obligation of a contract." I cannot see how
we can adopt this section and not come in conflict with that provision.
It cannot be denied that this proposed homestead law is retrospective.
No one can collect his debts. I contend that no debt can be collected
on a homestead if the section should pass as it is. It does not benefit
the colored man; it only gives the very class who inaugurated the war a
bonus of $2,500. I will sustain this bill, if we make no class legisla-
tion. If we will go back, let us pui'chase every man a homestead to the
value of $2,500.
Mr. C. P. LESLIE. Which side are you going to vote on ?
Mr. T. J. ROBERTSON. I did not ask the gentleman from Barn-
well for his opinion. I say, if we vrant a retrospective law, let us go
back and give every man, white or black, a homestead. A great deal
has been said about the poor debtor, but I woukl like to know wtiat the
Convention will do for the poor creditor. I know a man in possession
of a home, who bought it on credit, but now, though the money is long
since due. refuses to pay, and claims, vmder General Canby's order, that
he has a right to it, after having given a mortgage upon the property.
I know, too, that since the close of the war several millions of dollars
could have been brought to this State, if capitalists had confidence in
our people. Want of that confidence has prevented them from coming
here. My version of this section is that it applies to all debts; that it
exempts the homestead to the amount of $2,500 free of all debts.
Mr. C. P. LESLIE. Are you making laws for yourself?
Mr. T. J. ROBERTSON. I am trying to make laws for the benefit
of the whole people.
Mr. J. J. WRIGHT. It matters not to me what the State of Alabama
has done, or what the State of Georgia, or North Carolina, or Virginia,
has done. We are here to exercise our judgment, and to devise meas-
ures for the relief of the people of the State. If Alabama has under-
taken to appease the wrath of those whose wrath could not be appeased,
1D0NSTITUTI0NAL COKVENTION. 4€r5
■tind if slie has failed, it is no reason why we should fail. It is the duty
of every member of this Convention, and every person in the IState uf
South Carolina, to do what they conceive to be their duty. If we differ
in our views of what that duty is, it is no reason why we should at-
tempt to oru^h one uuother. I do nol, and 1 trust there is not a man
here who does <;h-erifeh any leeling of hatred or malice towards any per-
son. We are about to lay a new louudatiou. Let us ^ee that it
shall be so broad and wide that ail the people of the State can stand,
live and flourish upon it. It is not lor the black man or the white man,
but for the whole peoplo that we should legislate. If we conceive it to
be our duty to incorporate a homestead law into the Constitution, and
that Constitution is ratified by the peuple of the State of South Carolina,
it then becomes the supreme law of the land, to which all the Courts
and the Legislature of this State must be subservient.
If we review the history of past nations, we shall lind that no people
ean live and flourish as they ought to, unless protected in their home-
steads. In laying, therefore, our new foundation, and building a new
fabric, as representatives of the people of South Carolina, it is a duty
incumbent upon us to incorporate into the Constitution a homestead
law, and just such a one as is proposed in this thirty-fifth section. 1
take a somewhat difierent view of this case from some of the gentlemen
who have already spoken. With regard to this being class legislation,
I would say there is no class of persons mentioned in the act, and hence
it extends to the white man, the black man and the red man if he owns
property. A homestead of this kind protects the people in various ways.
In the first place, it keeps them li-om running in debt; in the second
place, it makes a man more independent, and keeps a poor man from the
necessity of hiring to a certain class of persons who would cheat them
out of their labor. If these persons who own large plantations hire
them, and they do not pay the wages agreed upon, the laborer can have
his action at law, and the right to levy upon those large plantations and
sell^them, if necessary. As far as the Courts are concerned, and with
regard to judgments, I contend, when the Constitution is adopted and
ratified, no Court can order a sale of property of the amount exempted
here and claimed as a homestead, whether there is a judgment on that
property or not. If an action is commenced in a Court against a planta-
tion worth $10,000, the person who holds a judgment against that plan-
tation may call on the Court to sell, and he may collect all but what is
exempted in this thirty-fifth section. This protects every man, and in
laying our new foundation we desire that every man will be protected,
and none robbed of their rights. There are certain things for which
466 ]^ROGEEDINGS OF THE
the homestead may be attached, such as taxes and the payment of obli-
gations contracted for the purchase of the homestead.
Mr. L. S. LANGLEY. Are not debts contracted for labor as sacred
as those contracted for the purchase of the homestead ?
Mr. J. J. WEIGHT. They are, but I consider all debts for labor
contracted for the erection or the improvement of the homestead are-
covered by this clause, so that the laborer is secure in his labor.
Mr. L. S. LANGLEY. It has been stated by two legal gentleman
that the laborer who has worked last year, and whose wages are still
due, that he could not collect his wages on the property- of a man who-
possessed only a homestead. I ask the gentleman who concurs in that
view ?
Mr. J. J. WEIGHT. I am not responsible for the opinions of any
gentleman upon the floor. I have stated already that any person whose
labor secured any other person a homestead, was secure in his labor by
this clause. If it were not so, I would not advocate it. I hope all the
amendments will be voted down and the section passed as it stands.
Mr. W. E. JOHNSTON. I rise with no intention of making a speech ;
but a great deal has been already said about the matter, and to shorten
discussion, I move that all amendments be indefinitely postponed.
Mr. J. M. EUTLAND, I hope the gentleman will withdraw that
motion and let the matter be discussed. I hope no snap judgment will
be taken. • It is our desire to ascertain the sense of the house as to
whether this section is intended to act prospective only, or retrospective
also.
Mr. W. E. JOHNSTON. I was under the impression that all our
legal gentlemen had not gathered steam enough to go ahead again. As
it appears I am mistaken, I will withdraw my motion.
Mr. J. M. EUTLAND. I desire to state my position upon the sub-
ject of homesteads and stay laws. I desire it to be distinctly under-
stood, that so far as these laws are to operate in the future. I am a
homestead man. I am in favor of a homestead law, and think we should
have had a homestead law long ago for the protection of the unfortu-
nate debtor, but not having had such a law heretofore, it would be
against all right to pass a law here like this that would operate retro-
spectively. I favor no stay law, but I desire a homestead law that shall
operate from this time henceforward. You may fix any amount you
please, from one up to five thousand dollars, and I will support it. I
will support it because it is necessary to the prosperity of the country
and of the State. If you contract with a man knowing that it is the
law of the land that the homestead is preserved by law, you contract
I
CONSTITUTIONAL CONVENTION. 467
with a full aud fair notice that you are not allowed to sell the homestead
for the payment of obligations assumed by that contract ; but it is differ-
ent when you apply such a law to the past. A great deal has been said
in relation to retrospective and ex post facto laws. To illustrate to the
Convention the effect of an ex post facto la^v, let us suppose a case ; sup-
pose that some member of this Convention committed a small larceny ;
that he had stolen a watermelon out of somebody's patch, and the offence
at the time according to the laws was punishable with fine and impri-
sonment, and thnt it was known that a party convicted of such an act
would be imprisoned a few days, and a small fine imposed. With this
knowledge he takes the chances and steals a watermelon. He is taken
in the act, but before the trial comes to a conclusion, a law is passed by
a body like this or the Legislature, that any man who commits larceny
should receive the same penalty as he who commits murder. Would it
not be an outrage upon justice, that a man who stole a watermelon
should suffer such a penalty, not attached to the crime at the time he
committed it ? That is an ex post facto law. It is an outrageous injus-
tice. An tx post facto law applies strictly to criminal matters, and retro-
spective or retro-active laws apply to matters of contract, and all
other matters not criminal. An ex post facto law, as applied to criminal
matters, is strictly analogous to retrospective laws as applied to civil
matters. We come here to-day with debts existing all over the country,
and pass a section of the Constitution which gives every man a home-
stead law, which you might as well say is to run back as far as debts go
back, and no man is allowed to sell that property though he has a
$10,000 bond upon it, given in accordance with the law of contract ex-
isting at the time. I say it is strictly analogous to hanging a man for
stealing a watermelon ; I ask you if this is not gross injustice, when the
man who gave the credit did it without any notice that any such law-
would ever come into existence.
Mr. C. C. BOWEN. Would you, as a lawyer, give your opinion in
writing that this section would impair the obligation of any contract.
Mr. J. M. EUTLAND. If it is intended to act retrospectively, of
which I have no doubt, I emphatically would give my opinion in writing,
and bind myself to show I was right, and the section as it is is uncon-
stitutional and contrary to law.
Mr. F. L. CAEDOZO. Can the intentions of the framer of any con-
stitution or section have any effect on the legal interpretation of such
section or Constitution ? Can this legally be interpreted an ex post facto
law?
Mr. J. M. EUTLAND. Most unquestionably it is the province of the
60
408 PROCEEDINGS OF THE
Oourt to determine what is the intention of the law as passed. It is for
the Court to tell us exactly what is meant. If the amendment of my
friend from Eichland (Mr. EOBERTSON) is adopted, we will know what
is meant, and if it is rejected there will be no difficulty in interpreting
the section, as tlae rejected amendment will be known and referred to as
showing the intention of this body.
A great deal has been said from time to time about an authority or
two in the State of New York, which it is alleged supports the position
that it is constitutional to exempt a homestead from prior existing debts.
I have not myself been able to get a reference or access to any volumes
on the subject, but I consulted a legal friend who had read these cases.
He told me that Chief Justice Marshall, perhaps one of the brightest
ornaments that ever graced the bench of this or any other country, de-
cided in totideni verbis ^Hhat iitay laws intended to act retrospectively
were unconstitutional." I think he said the case was to be found in
6th Peters. As to the New York authority that has been quoted, my
friend said this was a case of this character. Some years ago the legis-
lature of New York passed an act which exempted the homestead, and
a case came up of a man's property to be sold for debt. He claimed the
homestead. The case went to the Supreme Court. It was in evidence
that the creditor had slept upon his rights and could have availed him-
self of the facilities the law afforded him. It was therefore decided
against the creditor.
Mr. C. C. BOWEN. In the case you speak of was the judgment.
■ entered up previous to the passage of the homestead law, or subsequent
to it.
Mr. J. M. RUTLAND. The Legislature passed the homestead law,
and this debt existed prior to the passage of the act.
Mr. C. P. LESLIE. Will the delegate say whether the act of Con-
gress known as the Bankrupt Act, allowing five hundred dollars to the
bankrupt was complete against back debts ? According to your tactics
that was unconstitutional.
Mr. J. M. RUTLAND. There is a provision of the Constitution of
the United States which allows Congress to pass a uniform bankrupt
law. I think the bankrupt act allows the unfortunate debter five hun-
dred dollars. Many members of Congress contended that they had no
right under the Constitution to do so. The majority voted that they had
the right. We are bound by that Constitution, tied hand and foot, and
any Ordinance of this Convention in contravention of that instrument is
null and void.
CONSTITUTIONAL CONVENTION. 460
Mr. F. J. MOSES, Jr. What moi-e right has Congress to violate the
Conslitution of the United States than this Convention ?
Mr. J. M. RUTLAND. The Constitution of the United States gives
Congress the power to pass a bankrupt bill.
Mr. C. P. LESLIE. Is not that an ex post facto law. Did not the
bankrupt act exempt five hundred dollars against past debts. You an-
swer me by stating they did make that exemption under authority of the
Constitution, which gave Congress that power. They passed a oeneral
bankrupt act. I wish to know where in the Constitution of the United
States they got the authority to pass what is deemed by some an ex post
facto law. You said it was impairing the obligation of contracts. I
ask where the Congrees of the United States got authority to release the
debtor ?
Mr. J. M. RUTLAND. There was a division upon that very question.
Many members did not believe they had the right, and the decision of
Congress is not infallible. The Supreme Court of the United States has
heretofore declared some acts of Congress unconstitutional.
Mr. C. P. LESLIE. Do you know of any Court that at any time ever
questioned the legality of the provisions of the bankrupt act, or the right
of Congress to pass it '?
Mr. J. M. RUTLAND. It does not follow because a case has not
been brought before the Court that the law is constitutional.
Mr. C. P. LESLIE. What members of Congress asserted that that
body had no right to pass such an act ?
Mr. J. M. RUTLAND. I did not go there ; do not know their names.
They were divided upon the question, and it is not absolutely certain
thai Congress did do right. There are laws in existence now passed by
Congress, the constitutionality of which is gravely questioned ; ques-
tions, however, which have never been raised before the Supreme Court.
I do not suppose there is a man here but what knows Congress has
passed laws the constitutionality of which has been gravely questioned.
1 would state it as a law of the State of South Carolina, that where a
marriage settlement is undertaken to be made by the parties married,
and the husband desires to settle a certain portion of property upon his
wife, he must answer certain questions. Among others, how many debts
do you owe. Are you able to pay your debts before making this settle-
ment. If he cannot answer this affirmatively, any lawyer will tell him
he cannot make such a settlement until he has paid every dollar of his
debts. You can make a settlement infuturo but not upon property for
which the party is already in debt. That is strictly analogous to this
law. The law cannot act retrospectively upon debts past due, the credit
k
lYO PROCEEDINGS OF THE
of which has been supported upon the face of this property. It is un-
constitutional to allow a homestead out of property upon which another
has a prior claim.
Mr. F. J. MOSES, Jr. Did not both cases of the homestead law
quoted by you come under the statutes of fraud, or only one ?
Mr. J. M. EUTLAND. I think they both came under that provision
of the Constitution which says, " no ex j^ost facto law shall be passed."
That is the broad platform upon which I stand, the Constitution of the
United States and the laws of Congress passed in pursuance thereof. If
we are bound by those Iriws of the United States, I would not give the
paper you write your Ordinances upon for what the Ordinance is worth.
If you undertake to make your homestead law operate retrospectively, I
confess its moral influence might to some extent demoralize the sense of
justice. I am satisfied I am right upon the law of the case, wrong per-
haps upon its morality.
Look at the morality of retrospection in a case distinguishing between
the creditor who has a judgment upon the homestead and one who has
not. If a man owes me a debt, and I choose to give him an opportu-
nity of paying that debt without prosecuting him in Court, the argument
of the opposite side is I must lose my debt, and the land shark who has
secured his judgment against that land shall have his money, because
he has a lien upon the property.
I desire to see justice done, though the heavens fall. I do not think
it fair to appeal to the sympathies of a grave body like this, to tell them
of the families, widows and orphans that will suffer if we do not pass
this law, or do not pass that law. That is not the way to argue a great
constitutional question. Let us do our duty and let the consequences
take care of themselves.
The gentleman from Beaufort (Mr. WEIGHT) tells us in broad
terms that it does not make any difference whether Alabama, or any
other State has passed such a law as this, and that it is no guide for us.
He is very un-lawyer like. The gentleman is a lawyer and should ac-
knowledge the force of precedents, for he practices almost exclusively
upon precedents ; and, as a lawyer, he rises here and tells us not to act
in this case according to precedent, that, is as far as the practice of jus-
tice is concerned in this case.
Mr. J. J. WEIGHT. If Alabama or Massachusetts pass a law to cut
their own throats, would it be a precedent for us ?
Mr. J. M. EUTLAND. That would be a precedent that would never
happen, for no sane people would pass such a law. I contend that law-
yers do like precedents, and wherever passed upon or decided by a sen-
CONSTITUTIONAL CONVENTION' 4Y1
sible judge or people they should be respected, no matter what country
they come from.
We ourselves have slavishly almost regarded the precedents of Eng-
land, because of the profound learning and ability which have charac-
terized and established those precedents. It seems to me it is an
acknowledgment of M^eakness on the part of my friend, because when
he does so, I know if he was sustained by precedents no one would be
more ready to battle for them than he would. A great deal has been
said about the laborer being paid for his labor ; that is exactly what I
want. I want every man to have justice ; not for another to get his
labor or his money, and then be permitted to get off upon the cry that
he is poor and cannot pay. Has not one as much right to his property
in labor as the other has in the land ?
Again, Mr. Brown credits Mr. Smith with provisions enough to last
him until he has gathered his crop. Mr. Smith is called upon to pay,
and raises the cry of " look at this shark, Mr. Brown; this greedy cred-
itor, he comes to claim everything I have got., If you want pay for your
laborers, for the provisions you sold, or any other property, look to it
that you do not let this section act retrospectively. Suppose you pass
an ordinance so as to act retrospectively, and it should be decided by the
Courts that it is constitutional ; that the Courts sustain you. Ten or
twelve years from now the country has again become overwhelmed with
debt. Men owe large amounts. You meet again in Convention, pass
another Constitution not limited in the amount of homesteads. Is it
not wholesale repudiation ? If you pass the homestead provision in
that section, you pass a repudiation law in every case where a man has
nothing but a homestead. It is true the Convention has repudiated
negro debts upon a principle which I think a very wrong principle.
They argued that question upon its moral phase. I deny that they had
a right to do so. Whilst, however, they have passed that ordinance to
repudiate slave debts, they say they are not in favor of repudiation. If
they are not in favor of repudiation, then they are not in favor of passing
a law to act retrospectively. I say make every man pay his debts, and let
the State be restored the credit she once had, but has not now, nor never
will have as long as she enacts stay laws and laws that act retrospectively.
It does seem to me the Convention ought to be satisfied on the merits
and justice of the case. Pass this section upon the eternal principle of
right and justice, and if you do you will vote for the amendment offered
by my friend from Eichland (Mr. EOBEETSON.) If not, if you are
willing to sweep away the rights of creditors for the debtors, it is class
legislation. If you legislate against the creditor in favor of the debtor,
StlB PROCEEDINGS OF THS'
are they not two 'classes of people? What right have you arKTer the
njild word "relief" to take away another's property? If you want re-
lief, the proper way to get it for the poor is this : Apply to the Legisla-
ture to enact laws, and collect taxes upon the whole connnunity according
to the value of their property, and appropriate these taxes to relieve the-
poor black and poor white, the widows and orphans ; I will then put
my hand in my pocket as deep as any other man, but will never consent
to rob one man for another.
Mr. C. C. BO WEN. I have but a few words to say, believing it use-
less to take up more time in discussing tliis question. The theory ad-
vanced by the gentleman who has just taken his seat, namely, that a
party cannot make over to his wife any of his property while he owes
certain debts, unless he has the wherewithal to pay those debts, I will
grant is law, but it is not analosrous to this case. That case would come
under the statute of frauds, whereas this would not. The one is the
act of a legislative body, the other the act of a private individual, per-
formed for the purpose of defrauding other parties. He has said that
retrospective laws have been declared unconstitutional. I think he
would fail in any attempt to show a solitary case where any judge ever
decided the question of unconstitutionality against an ordinance ; if he
can, I will vote against this section in the Constitution. The very cases
cited show that no homestead law or stay law can be set up against any
judgment entered up. We do not propose by this section to interfere
with any of those classes of debts, that is debts covered by mortgage ;
those will take care of themselves under those clauses of the Constitu-
tion so much quoted this morning. The gen^'leman has said a creditor
may be merciful, but in nine cases out of ten we expect to hear him say,
" give me the bond." I, therefore, hope that this Convention will pass
this section just as it is.
Mr. C. P. LESLIE. In early life I undertook to study law. I went
to a law office and staid there several years. It may be that I did not
read as attentively as I might have done. I have read Kent's Commen-
taries, Coke, and most every similar work that had any law proposition
stated in it. This morning, though, I have not had the pleasure of
reading a work which might be properly called "Rutland on Constitu-
tional law, " yet I have observed that whenever poor men are concerned
in any measure, I have always found the delegate from Fairfield and the
delegate from Richland hunting together in couples against them. I
want it distinctly understood that this homestead law is not to prevent
the collection of a debt. He has argued, from beginning to end, that
because we pass a homestead law that the creditor can never get his
^JONSTITUTIONAL CONVENTION. 4Y3
anorney. That is the case. If a steamship should start from New York,
and in rounding Eatteras, by divers gales, the vessel is sunk so deep
that the passengers lose a,ll their baggage and almost their entire wear-
ing apparel, if the debtors of our friends from Kichland and Fairfield
Tvere on board, the first thing they would do on her arrival in pof t would
be to rush down, and, though the poor debtor stood neaiiy as bare as
our first parents, the gentleman from Richland would ask him to pay
that little debt he owed him. If the poor victim happened to be so un-
fortunate that he could not pay it then, and should appeal to them as he
stood, my Richland friend would call to his assistance our friend from
Fairfield to talk about constitutional law.
The people of South Carolina, and I speak for Barnwell more espe-
cially, ask no favors of the Convention. They only ask for time. They
do not wish to impair their obligations; they do not wish to deny their
honest debts ; but, for heaven's sake, give the jdebtor time, and such an
amount of property as will enable him to work and pay his debts, and
not leave him in possession with an execution over his head that at any
moment may allow the creditor to come and take his home from him. I
will venture to say tiiat there is as much due me in Barnwell District as
any man, and if this law passes, I will run the risk of being as large a
loser as any man. I hold a note of one person alone for $2,250. I
■cannot now get a dollar of it. But I desire to give my debtor a home-
stead, and afford him an opportunity to pay me after he shall have raised
a ci'op. If he gets a homestead over and above so much money, I can
say to him pay me my debt.
We have just received over the wires intelligence of the defeat of the
Alabama Constitution. We all desire to prevent such a result in South
Carolina. The Constitution of Alabama is a good one, but they have
omitted a homestead law, and the result is a defeat by 15,000 majority.
Write down the word "Alabama;" spell it, dream over it, reflect upon
it, and let it be a lesson. Adopt this clause, and it will enable the
planter to make a crop and to secure his provisions for the coming year.
It will identify both races with the soil, and create in the hearts of the
people a more durable affection for it than has ever before existed. It
is for these reasons that I press this measure. It will aid in the recon-
struction of the State, because it will indicate to the whole people that
we have endeavored to act faithfully towards them in this our represen.
tative capacity.
I want to see the white men and the black men in Barnwell District
all going to the polls to ratify this Constitution. If this provision for a
homestead be adopted, I assure the member from Fairfield (Mr. RUT-
k
4L7\ PROCEEDINGS OF THE
LAND) and the member from Richland (Mr. EOBERTSON) that ii, on
the day of election, they may be traveling that road, unless they expe-
dite their movements, they will be run over by the people going to ratify
the Constitution. The people would come from every direction. They
have never had a Constitution that took care of the grand masses. If
we assure, the people that we are looking after their rights and interests,
the roads on all sides will be filled, and when the votes are counted on
the last night of the election every friend who has at heart this Consti-
tution will have the pleasure of knowing it is ratified bejond all kind of
doubt, and will have the consolation of knowing we have done our duty.
I am speaking for my people, for I love them with all my heart.
[Here Mr. LESLIE was so overcome by his feelings as to burst into
tears, and sat down amidst intense silence, having evidently enlisted the
warmest sympathies of«the members of the Convention.] — Reporter.
Mr. L. 8. LANGLEY. I do not suppose any member of the Conven-
tion doubts that this measure will be adopted, but I desire that we shall
vote upon it intelligently. According to my construction of one of its.
clauses the laborer cannot collect the wages that may be due him for his
work. To illustrate : A. owns a thousand acres of land, and is indebted
to B, who is a landshark in Charleston, to the amount of $10,000. A.
perhaps employed last year twenty-five laborers in the cultivation of his
crop. That crop, however, fails, and the . creditor, B, levies on the
estate. It is sold under the SheriflPs hammer, and with the exception
of the homestead reserved, is transferred to the creditor. Now what
becomes of the wages due the laborer? He has no protection, and suf-
fers a loss, while his employer has been cared for by the law to the ex-
tent of $2,500. For one, I desire to prevent the perpetration of any
such injustice. Labor is the only property of the poor man, and he is as
much entitled to the protection which the law can throw around him as
the rich, and it is expedient and just to surround him with these safe-
guards. If it is expedient for us for the purpose of securing the ratifi-
cation of the Constitution to protect the property of the real estate
owner, is it not just as right and expedient to protect the property of the
laborer. I, therefore, hope the amendment I have proposed will be
adopted, and that the poor man, be he black or white, may have the
protection to which he is entitled. I need not refer the Convention to
the fact that the Freedman's Bureau in this State has encountered the
utmost difficulty and opposition in endeavoring to collect the amounts
due to the freedmen that labor on large plantations. Shall we throw
any further obstacle in its way by deliberately declaring that a man may
possess property to the amount of $2,500 free from all legal process for
CONSTITUTIONAL CONA^ENTION. 4T5
debt, even the debt due to honest, poor laboring men lor work performed
during the last twelve months. I trust not. If we are so lost to all
sense of justice as that, the sooner we adjourn and go home the better
for our constituents, and the sooner they will call us to account.
Mr. B. F. WHITTEMOEE. It can be hardly possible for those
who listen to the eloquent, appealing and touching remarks of the
gentleman from Barnwell, to sit here without a feeling at least that
is interested for his constituency. It is no doubt our duty to do all we
can in order that we may relieve the necessities of the people of the
State. They are very great and burdensome, and while it is uur duty
to allow our hearts to expand feelingly towards those who are suflfering
around us, I feel it is also our duty that we should be just and fear not.
It has been said by those who best know the intention of those who
framed the section before us that there was a retrospective idea in that
intention. The house will bear me witness, when I accepted the amend-
ment, or rather a similar proposition offered to a section of the Bill of
Rights, that I afterwards discovered it was the intention of the party to
make this clause retrospective, and I opposed it. I find now that the course
I took on that occasion was correct. I find that the intimations given me
had some foundation. In fact, I am not at all surprised today to find
that there are advocates in favor of making this clause retrospective as
well as prospective. In the Bill of Rights, which I had the honor
of assisting to frame, it is well understood by this Convention that pro-
visions were made for a homestead. The language was that the home-
stead should cover all debts that should be created after the passage of
the Constitution. The Convention passed it with the amendment
offered. I trust that while our hearts may be touched by the appeals
made on account of the debtor, we shall not forget creditors who are not
always rich. Some creditors may be poor on account of their liabilities
which these parties have against them. I trust, if this section is what
some gentlemen say it will do, cover all mortgages, we will erase it.
The gentleman from Charleston says we must be consistent ; we do
not besire to benefit any particular class. I think if we are consistent
in our considerations upon this subject we will find we are legislating
especially for a class, and that the poor will not receive the benefits of
our legislation. We have shown our liberality — we have shown our
willingness to stay the collection of liabilities for a long time. We have
shown our willingness to obliterate debts for slaves. We are now try-
ing to show still more liberality by making homesteads so sure as not
only to provide for the future and present, but for the past.
I but wish to ask a single question. Is it not known that the South-
61
476 PROCEEDINGS OF THE
ern people, in order to enable them, after coming out of the ruins, to
get on their feet, after cominer from the din of the conflict and smoke of
battle, and finding their horses, mules and farm implements taken away,
is it not known that they have been compelled to call upon their friends
from without to assist them to save the country ? During the past few
years gentlemen of this city have implored me to use what little influence
I had in procuring money and assistance, not only for agricultural
pursuits, but for other business. I did so. Were it necessary 1
could call upon factors whom I have assisted, to stand here by my side
to testify to that fact. When I went to my Northern home two years
ago, factors who followed me there were introduced to capitalists, and
obtained assistance for the impoverished, planters and assistance to em-
ploy the starving people of their neighborhood. The capital came.
Shall I then, occupying this position and standing here upon this floor,
for the purpose of making laws for the iuture government of the State,
and dealing justly with men, shall I say these claims upon these people
shall not he paid ? that the people who have been so kindly assisted
shall not meet their obligations ? Shall I stand here and annex my vote
or name to a project which shall impair the obligation which they have
entered into ? I trust while we try to be generous we will be just.
Were it necessary I could present letters from all parts of the State,
from honorable men with honorable intentions, and men who intend to
meet their liabilities whenever called upon, or else suffer their large
estates to be taken for the payment thereof; I say I could give letters from
prominent gentlemen sa}ing that they have no desire for this Conven-
tion to relieve them of the claims against them, or the responsibilities
they are under to their fellow men. I believe there is honor in this
Commonwealth. I believe it is the intention of every honorable man
here, though he may have but little left him, to meet his creditor face to
face and settle upon a fair and just principle that which he owes him,
and from whom he has received an equivalent. I believe it is our duty
to remember we should not always be exercised by our sympathies, but
apply sometimes to our reason and our judgment ; and were we to act
upon our sense of duty, we would do unto all men as we would that
men should do unto us.
I ask no extreme measure. I ask no gentlemen here to do that which
will injure any man throughout the domain of South Carolina. I ask
no man to take from another man that which belongs to him. I reiter-
ate the expression, and wish it might reverberate throughout the entire
State, let us act consistently not only with ourselves, but with our
neighbors, in order that we may stand in the broad sunlight of heaven,
CONSTITUTIONAL CONVENTION. ^tl
looking every man in the face, and say we have done our duty, striving
to mete out full justice to all, taking no man's, property from another.
Would it be right to cheat the men who loaned funds to carry on the
plantations for the last two years when the people were on the verge of
the grave, when starvation was staring them in the face ; would it be
right to say to these gentlemen, who helped these people out of their
ruin, that the deht shall never be paid. I hope not.
The hour of half past two having arrived, the CoLvention adjourned.
THIRTIETH D^Y.
Wednesday, February 19, IS68.
The Convention assembled at half-past lU A. M., and was called lo
order by the PEESIDENT.
Prayer by the Eev. B. F. WHITTEMORE.
The roll was called, and a quorum answering to their names, the
PEESIDENT announced the Convention ready to proceed to business.
Mr. F. J. MOSES, Jr., made the following report of the Committee
on the Executive Provisions of the Constitution, which was ordered to
be printed.
KEPOKT OF THE COMMITTEE ON THE EXECUTIVE DEPARTMENT OF THE CONSTITTT-
TION OF SOUTH CAROLINA.
Section 1. The Supreme Executive authority of this State shall be
vested in a CJiief Magiistrate, who shall be styled "The Governor of
the State of South Carolina, and whose title shall be "His Excellency."
Sec 2 The Governor shall be elected by the electors duly qualified to
vote for members of the House of Representatives, and shall hold his
office for one year, and until his successor shall be chosen and qualified,
and shall be re-eligible.
Sec. 3. No person shall be eligible to the office of Governor who does
not profess a belief in'the existence of a Supreme Being, and unless he
hath attained the age of thirty years, and hath been a citizen and resi-
dent of this State for the four years next preceding the day of election.
And no person shall hold the office of Governor, and any other office or
commission, civil or military (except in the militia) under this State, or
any of them, or any other power, at one and the same time.
Sec 4. The return of every election of Governor shall be sealed up
by the managers of elections in their respective Districts, and trans-
mitted by mail to the seat of Government, directed to the Secretary of
47» PRC>CEEDINGS OF THE
State, who shall deliver them to the Speaker of the House of Eepresentts-
tives at the next ensuing session of the General Assembly, and a duplicate
of said return shall be tiled with the Clerks of the Courts of said Districts,
whose duty it shall be to forward to the Secretary of State a certified
copy thereof, upon being notified that the return previou-ily forwarded
by mail has not been received at his office. It shall be the duty of the
Secretary of State, after the expiration of seven day^ from the day upon
which the votes have been counted, if a return thereof from any District
has not been received, to notify the Clerk of the Court of the said Dis-
trict, and order a copy of the return filed in his office to be forthwith
forwarded. The Secret try of State shall deliver the returns to the
Speaker of the Huuse ol Representatives, at the next ensuing session of
the Ceneral AssemV)ly ; and during the first week of the session, or as
soon as the General Assembly may have organized by the eledion of the
presiding officers of the two Houses, the Speaker shall open and publish
them in the presence of buth Houses. The person having the highest
number of votes shall be Governor; but if two or more shall be equal,
and highest in votes the General Assembly shall, during the same ses-
sion, in the House of Representatives, choose one of them Governor vivo,
voce. Contested elections for Governor shall be determined by the Gen-
eral Assembly in such manner as shall be prescribed by law.
Sec. 5. A Lieutenant Governor shall be chosen at the same time, in
the same manner, continue in office fir the same period, and be pos-
sessed of the same qualifications as the Governor, and shall ex-officio be
President of the Senate.
Sec 6. The Lieutenant Governor, while presiding in the Senate, shall
have no vote, unless the Senate be equally divided.
Sec. 7. The Senate shall choose a President, j^ro tempore, to act in the
absence of the Lieutenant Governor, or when he shall exercise the office
of Governor.
Sec 8. A member of the Senate, or of the House of Representatives,
being chosen and acting as Governor or Lieutenant Governor, shall
thereupon vacate his seat, and another person shall be elected in his
stead.
Sec 9. In case of the removal of the Governor from his office, or his
death, resignation, removal from the State, or inability to discharge the
powers and duties of the said office, the same shall devolve on the Lieu-
tenant Governor, and the General Assembly, at its first session after the
ratification of this Constitution, shall, by law, provide for the case of
removal, death, resignation, or inability, both of the Governor and Lieu-
tenant Governor, declaring what officer shall then act as Governor, and
such officer shall act accordingly, until such disability be' removed, or a
Governor shall be elected.
Sec lU. The Governor shall be commander-in-chief of the army and
navy of this State, and of the militia, except when they shall be called
into the actual service of the United States.
Sec 1L He shall have power to grant reprieves and pardons after
conviction (except in cases of impeachment), in such manner, on such,
terms, and under such restrictions as he shall think proper ; and he shall
have power to remit fines and forfeitures, unless otherwise directed by
CONSTITUTIONAL CONVENTION. 4'3'9
law. It shall be his duty to report to the General Assembly at the next
regular session thereafter, all pardons granted by him, with a full
statement of each case, and the reasons moving him thereunto.
Sec. 12. He shall take care that the laws be faithfully executed in
mercy.
Sec. 13. The Grovernor and Lieutenant Governor shall, at stated times,
receive for their services a compensation, which shall be neither in-
creased nor diminished during the period for which they shall have been
elected.
Sec. 14. All otficers in the Executive Department shall, when required
by the Governor, give him information in writing upon any subject re-
lating to the duties of their respective offices.
Sec. 15. The Governor shall, from time to time, give 1o the General
Assembly information of the condition pf the State, and recommend to
their consideration such measures as he shall judge necessary or expe-
dient.
Sec 16. He may, on extraordinary occasions, convene the General
Assembly j and should either House remain without a quorum for five
days, or in case of disagreement between the two Hou.ses with respect
to the time of adjournment, may adjourn them to such time as he shall
think proper ; not beyond then next ensuing.
Sec 17. He shall commission all officers of the iState.
Sec 1*^. There shall be a Great Seal of the State, for which the Gen-
eral Assembly, at its first session, shall provide, and which shall be used
by the Governor officially, and shall be called "The Great Seal of the
State of South Carolina."
Sec 19. All grants and commissions shall be signed by the Governor,
countersigned by the Secretary of State, and sealed with the Great
Seal.
Sec 20. The Governor and the Lieutenant Governor, before entering
upon the duties of their respective offices, shall, in the presence of the
General Assembly, take the following oath of allegiance and qualifica-
tion, and also the following oath of office :
Oath or Affirmation oj Allegiance and Qualification. — "I do swear
Y (or affirm) that I am duly qualified, according to the Constitution of this
State, to exercise the office to which I have been elected ; that I will pre-
serve, protect and defend the Constitution of this State and that of the
United States, and that I will not, directly or indirectly, do any act or
thing injurious to the Constitution or Government thereof, as established
by Convention. (If an oath) So help me God. (If an affirmati* n) un-
der the pains and penalties of perjury."
Oath or Affirmation of Office. — " I do solemnly swear (or affirm) that
I will faithfully discharge the duties of the office of Governor (or Lieu-
tenant Governor) for the State of South Carolina, and will therein do
equal right and justice to all men, to the best of my judgment and abili-
ties, and according to law. (If an oath) So help me God. (If an affirm-
ation) under the pains and penalties of perjury."
Sec 21. The Governor shall reside at the capital of the State ; but
during the sittings of the General Assembly he shall reside where its
sessions are held, except in case of contagion.
4§0 PROCEEDINGS OF THE
Sfc. 22. Every bill which, shall have passed the General Assembfj*v
shall, before it become a law, be presented to the Governor ; if he ap-
prove, he shall sign it ; but if not, he shall return it, with his objections,,
to that house in which it shall have originated, who shall enter the ob-
jections at large on their journal, and proceed to reconsider it. If, after
such reconsideration, a majority of the whole representation of that
House shall agree to pass the bill, it shall be sent, together with the ob-
jections, to the other House, by which it shall likewise be reconsidered ;
and if approved by a majority of the whole representation of that other
House, it shall become a law. But in all such cases the votes of both
Houses shall be determined by yeas and nays; and the names of the
persons voting for and against the bill shall be entered on the Journal of
each House respectively. If any bill shall not be returned by the Gov-
ernor within five days (Sundays excepted) after it shall have been pre-
sented to him, the same sh^,U be a law in like manner as if he had signed
it. And, tlmt time may always be allowed the Governor to consider bills
passed by the General Assembly, neither House shall read any bill on
the last day of its session, except such bills as have been returned by
the Governor as herein provided.
Mr. \V. E. ROSE, Chairman of the Committee on Petitions, made the
following report, which, on motion of Mr. W. J. WHIPPER, wa»
agreed to :
The Committee on Petitions, to whom was referred " a preamble and
resolution asking in behalf of Southern planters a loan of thirty mil-
lion dollars from the United States Government," passed by the Consti-
tutional Convention of the State of Georgia, February 1st, ISGS, beg
leave to report :
Your Committee have had under consideration said preamble and
resolution, and while they admit Southern planters are and have l>een
much embarrassed by the failure, or partial failure, of the crops during
the past two years, and by the prostrations consequent upon or growing
out Of, the late war, they cannot recommend the Congress of the United
Spates to furnish the opportunity, or the means, of involving themselves
and their plantations for the purpose of a temporary loan, as their all
may become forfeited by a failure. We think that planters should strug-
gle on with tlie means that private enterprise will supply, rather than
imperil all by a single venture, a simple loan.
A debt created to the Government of the United States would have to
be paid, at all hazards, on a certain day, and would take precedence of
all other debts. Such is the law relative to public debtors. But we
deprecate the whole svstem of borrowing, into v.diich planters seem will-
ing and anxious to plunge. It will only eventuate in their financial
ruin, the sale of their long cherished plantations to strangers and specu-
lators.
Let them battle manfull} with the difficulties before them, bringing
to their aid fortitude, courage and sound practical sense, and gather up
the slumbering elements of prosperity lying about them, and we believe
prosperity and even wealth are within their grasp.
CONSTITUTIONAL CONVENTION. 481
We are further opposed to this measure of relief on the ground that
if permanently beneficial to the planters, it would only be so to the rich,
those who have lands and other property to pledge for the payment of
the loan. The poor would get or gain nothing from it.
And finally we oppose it on the ground of its utter improbability of
success. Wp have never learned to look upon the Government as a
banking institution, except for its own benefit, and are not aware of its
ever having gone into the market to loan money. It frequently goes as
a borrower, and, we believe, is there as such now.
The financial condition of the Government at this time would prevent
this application from meeting with any success. The certainty of refusal
by Congress of the loan, together with the impolicy of the loan, could it
be effected, we think sufficient grounds for the Convention to refuse the
adoption of the resolution, and, therefore, your Committee recommend
that the preamble and resolution be laid on the table.
All of which is respectfully submitted.
WM. E. EOSE, Chairman,
Mr. B. F. RANDOLPH made a report of the Committee on Miscella-
neous Provisions of the Constitution, and asked leave to report the fol-
lowing ordinance, introduced by the member from Laurens (Mr. J.
OEEWS). The Committee recommend that it do pass ;
Be it -ordained. That it shall be the duty of the Legislature at its
first session, to appoint Commissioners to investigate and ascertain what
obHgations of t'le State are entitled to be held as valid and binding
upon the State in conformity with the provisions of this Constitution and
the ordinances adopted by this Convention, and to reptrt thereon to the
Legislature ; and until the Legislature shall have ascertained the validity
of such obligations, no payment for either the principal or interest shall
be made on any outstanding obligations created or incurred prior to the
•29th of April, 1865.
Mr. E. W. M. MACKET moved that the ordinance be made the
Special Order for Wednesday next, at 12 M., which was agreed to.
Mr. C. P. LESLIE made the report of the Auditing Committee on
sundry bills for printing, fuel, &c., which were ordered to be paid on
proper vouchers being filed with the President.
Mr. B. SMALLS called for the unfinished business of Tuesday.
The PRESIDENT announced the unfinished business to be the con-
sideration of the thirty-fifth section of the. second article of the Consti-
tution, reported by the Legislative Committee, in reference to home-
steads.
Mr. L. S. LANGLEY offered the following amendment on the ninth
line :
482 PROCEEDINGS OF THE
" Or for debts contracted for labor prior to the r.itifi'jation of tliis
Constitution."
Which was not agreed to.
Mr. T. J. ROBERTSON offered the following amendment on the ninth
line, which was not agreed to :
"No homestead shall be exempt from levy and sale for any just debt
existing at the time of tlie ratification of this Constitution ; and every
creditor shall he entitled to all the legal renaedies for the enforcement of
his contract which existed at the time it was made and entered into
petition."
Mr. B. F. WHITTEMORE, who had the floor at the hour of adjourn-
ment yesterday, resumed his argument.
Mr. President and g-entlemen of the Convention, unfortunately for
myself the hour of adjournment came^ and as every gentleman can well
understand, the thread of the discourse cannot be so well taken up after
the time has expired when the inspiration of the theme may be upon
him, and the hpur has passed away.
I want the Convention and the gentlemen present to understand that
in no way do I oppose a homestead law, that is in ils provisions pros-
pective only. I conceive that act consistent with myself, with all the
positions I have taken upon this floor, and it would be impossible to
retrace my steps unless I could be convinced that morally I have the
right to step between the debtor and the creditor, and divorce them
from their claims and liabilities.
I have no doubt in my mind but what there may be precedents suffi-
cient to found an action in this Convention, so that they may pass an
ordinance retrospective in its character. Yesterday an appeal was made
by the gentleman from Barnwell (Mr. LESLIE), a very effective one, too,
as it appears from the ready pencils at those tables (the reporters), which
have already given him sufficient credit. He not only appeals to the
best sympathies of our hearts, but he depicted the condition and posi-
tion of the people of the State in a manner that would warrant almost
every person to look kindly towards them. I trust that neither he nor
those who support the side of the question he has supported, will give
me credit for anything else than syinpathy with all in distress ; but
whilst I should be actuated towards those who are oppressed on account
of their burdens and liabilities, their debts and all that makes life
miserable ; whilst I should look towards the debtor, shall I divorce him
from all claims existing against him. Is it not my duty to look also
towards the creditor ? Does it follow naturally that creditors must all
CONSTITirnONAL CONVENTION 483
be rich and debtors all be poor, and, consequently, that we are to legis-
late for the poor debtors alone ?
It appears to me it could be possible that there may be as many poor
creditors as debtors, and, therefore, if the sympathies of our heart are
to be called out, those sympathies should be exercised towards all. If
we are to apportion out the burdens among the people, let us make a
proper apportionment and a proper division. If we desire to benefit all
the people as well as the debtor, let us take all these claims and divide
the burdens, and spread them so tliat they may fall equally upon the
debtor as well as the creditor. Methinks there are many poor families
to-day dependent upon the collection of debts that exist, and claims
which they hold against others.
I do not desire by what I might say hei'e to prevent the protection of
a homestead for the people. The gentleman from Barnwell yesterday
alluded to the vessel striinded upon the shore by the fury of the storm
and the people, on account of the calamity that came upon them, thrown
into the water almost in the condition in which they came into the
world, with nothing saved from the wreck, and the relentless creditor
coming upon them with his stei'n and rash demand for that which be-
longed to him. While this Avas a picture that demanded our sympa-
thies, it was not a picture which would be parallel to the condition of
the people to-day. We admit they are wrecked ; but while the vessel
was passiLg the stormy Cape they had no volition in the matter, and
could not control the winds and the waves. But whatever the condition
of the people to-day, however ruinous, however great their claims may
be upon our sympathy and our best feelings, that condition has been
brought about to a great extent by their own volition, and by their own
act. If they be poor to-day, it appears to me they have no one to blame
except themselves. As I have said in some of the debates that have
sprung up upon tjiis floor, that when the people of this Commonwealth
and other Commonwealths of the South went into the war, they went in
with the understanding that if they did not succeed, whatsoever they
held as property would be swept away from them, and while I might
pity their unfortunate condition, brought about by the results of their
own contest, at the same time it appears to me that when we come to
pass upon the right as to whether the debtor shall pay the creditor, we
have to look at the moral question as well as the legal points that may
be produced here ; whether it is morally right for me or you to step be-
tween gentlemen, between the first and second party, or between the
second and third party, and wrest from one to give to the other.
The difference between a prospective homestead and a retrospective
62
4 §4 PROCEEDINGS OF THE
law is this : If we pass an act here which shall protect the citi-
zens of the State in their homesteads in the future, we certainly can do
no harm to any individual, for whatever may be the condition of any
people hereafter, if they go into the market for the purpose of carrying
all their stores, and ask whatever it may be, a loan or anything else,
they go with the understanding of appealing to the world for assistance^
that the world understands that there is a homestead law which protects
them, in so much as they hold a homestead. No man will then be
deceived when he loans his money to assist in pi'otecting them from dis-
aster or losses in whatever they may be engaged.
I alluded yester(^ay to the assistance that has already come to the
State. I presume it will be said by the opposite side that those gentle-
men who furnished assistance, furnished it with a compensation. It is
true; but I have yet to karn and find a man who acts so disinterested in
the loaning of his funds for the purpose of helping other men as not to
require some compensation for them. It would be impossible for a man
to do business unless he was pi'otected in having compensation for so
doing ; it would be impossible for men to have capital to invest. I do
claim that when these gentleman came forward, forgetting all pa.st dif-
ferences and bitterness that might have existed on account of what the
war produced, and were willing to assist their brethren in distress, and
extended a helping hand, it would be wrong for us on the floor of this
Convention to say these gentlemen should not collect those debts, and
those who owe for whatever they had from these gentlemen should not
pay their liabilities.
I can easily imagine how a man with ten thousand acres of land,
wanting to defraud his creditors, can cover every acre by the proposed
law. Suppose he has a sufficiently large family to settle them on ten
thousand acres of land. Suppose he has children enough, he may
build log cabins and put these children into them. H^e may divide his
land, calling each cabin, with so many acres, a homestead, and thus
protect his whole estate. That might be done very easily, and, therefore,
we should be exceedingly careful how far we extend that privilege.
With regard to a retrospective homestead, I look upon it in this light :
I say that whatever may have been the condition of a man, whatever
his liabilities were in, this provision of the Constitution provides that he
shall hold at least two thousand dollars' worth of property. The gen-
tleman from Beaufort went on to say that as long as the property was
not worth two thousand dollars the laborer can collect his wages. I
understand from those who framed this provision that it was their inten-
tion that the limit should be two thousand dollars, but it does not say it
shall not be under that amount.
CONSTITUTIONAL CONVENTION. iS5
Mr. B. U. DUNCAN. It was the intention of the framers that the
laborer should have his hire out of the two thousand dollars. It was
the understanding that no property should be exempt for the purchase
of said hoaiestead, or the erections and improvements thereon.
Mr. B. F. WHITTEMORE. The gentleman from Beaufort says no
hatred should be treasured in our land.
Mr. J. J. WRIGHT. What I intended to say was that no hatred
towards any one should be exhibited by this Convention.
Mr. B. F. WHITTEMORE. It appears to me that it has become un-
necessary to attribute any feeling of that kind to any one. It is the
duty of this Convention to act in perfect harmony and good faith. I
understand that about 1850 there was a law passed in South Carolina
providing homesteads for the people, and that the provisions of that law
were not found to work well, and its abolishment subsequently followed.
So far as these obligations of the past are concerned, we should be ex-
ceedingly careful how we legislate.
Mr. F. J. MOSES, Jr. I would inquire of the gentleman whether
the character of that law was prospective or retrospective. Was it for
the benefit 6f the rich or the poor man ?
llr. B. F. WHITTEMORE. I am unable to say ; but I presume that
it was not for the benefit of the poor man, because the poor man was
not at that period represented in the councils of the State. We, on the
contrary, are here to legislate for all ; not to form a black, nor yet a
white code, but a system of laws which shall do justice to all people, the
creditor and the debtor, the rich and the poor, the white and the colored
man. Now, much has been said with reference to the protection of the
widow and orphan. I admit that we should provide for them in their
necessities ; but ought we to provide for the widow of the debtor more
than the widow of the creditor, who .may have orphan children, and per-
haps only one-third of her estate to live upon ? I think not. We
should be careful to exercise true wisdom and justice towards all. That
is our mission here.
Mr. W. J. WHIPPER. There seems to be some doubt concerning
the intention oi the Committee in framing the section relative to home-
steads. I will declare what my views were as a member of that Com-
mittee, and if I misrepresent any one, it will be his province to correct
me. I certainly hoped that we could surround a homestead with every
protection. It was my desire to do so. The gentleman from Richland
(Mr. ROBERTSON) says that the section as it now stands protects a
homestead against mortgages. I wish to God his view was correct. I
hope the Courts will so hold; but I know they will not. My desire is to
4S6 PROCEEDINGS OP THE
protect the homestead against any claims on earlh, and this provision
wiU do so, except where rights have already vested, as in mortgages and
judgments.
The opposition claim that this is wronging the creditor. The gentle-
man who has just taken his seat has labored a long time to demonstrate
that fact ; but I can assure the Convention that it was not the intention
of the Committee to interfere at all with the collection of debts. The
measure does not prohibit a man from collecting his debts. We only
seek to protect the unfortunate debtor from utter ruin, and without re-
pudiating his obligations, to place him in a position in which he can pay
his debts. Take a man who possesses a thousand acres. A compara-
tively small indebtedness may sweep away every foot of his land. If he
owes a large amount, he will be left still in debt. How is he to be pro-
tected to that degree even in which, as an honest man, he oan recuperate
and cancel these obligations. Certainly not by depriving him of his all.
It is to promote this generous object that the present section was re-
ported.
The gentleman has spoken of those who advanced money within the
last two or three years to planters. I certainly desire that every dollar
may be repaid ; but were those funds advanced with any expectation
that failure to meet the obligation would result in the utter ruin of the
debtor ? I think not. It was done speculatively, but the speculation
was unsuccessful, and the lender has been as unfortunate as the bor-
rower. To protect the creditor we are willing, though his debtor may
have ten thousand acres, that all should be sacrificed to the claims except
one hundred acres, which in mercy we reserve us a protection to the
poor man's family, and to enable him once more to commence a business
career. If we have any humanity, we will see to it that this protection
is accorded, and that the unfortunate debtor, with his family, shall not
be deprived of every remnant of what was once his own, and turned out
upon the world to starve with his wife and little ones, or to become per-
haps a burden upon society.
Again, if we care anything for the prosperity of the State, it is im-
portant to adopt some measure of this kind. If we do not, the citizen
will be driven abroad, and his place be filled by foreigners and aliens,
who possibly can have no interest in the soil. The gentleman from Dai"-
Hngton (Mr. WHITTEMORE) says that he can readily see how a man
can defeat the payment of his creditors. First, he may have a numer-
ous family; and secondly, by dividing his ten thousand acres among its
several members, and erecting log cabins thereon, secure for each mem-
ber a homestead. This idea is worthy of the gentleman's legal pro-
t?i)NSTITUTIONAL CONVENTION. -iSV
'ftinditj. In my mind he has mistaken his calling, and in wearing the
clerical garb, has robbed our profession of a shining and illustrious
ornament. I appeal to the members of that profession on the floor,
•even to my critical friend from Fairfield (Mr. IiUTLA.ND) whether such
a preposterous thing can be done.
The gentleman says that the case supposed by the gentleman from
Barnwell (Mr. LESLIE), of persons distressed by shipwreck is not
■analogous to the present condition, for the reason that they could not
ijontrol the winds and waves which produced the distress, and that the
distress of the people of this State is the result of their own action.
This is far from correct. There are comparatively lew of the people of
the South who are responsible for the existing condition of affairtj ; nor
•is it wise, just, magnanimous, or statesmanlike to allow them to sufi'er
from a want of confidence, simply because in following their laws and
their leaders they may have committed a grave error. The facts are,
the masses are not responsible for these acts. Taking the voting popu-
lation of South Carolina at the time of secession, and it will be fc und
that a comparatively small minority are now to be injured by the sale_pf
their homes, and certainly they should not be robbed of their all, simply
■as a punishment for the commission of these acts.
With reference to the various amendments to this section that have
been offered, I hope they will all be voted down. Their effect is only to
injure the clause itself. My colleague offers an amendment, that the
homestead shall be exempt from all claims, save for the wages of
laborers. I can see no reason for this, because it will not afiect any
considerable class of persons. In the majority of cases, where labor has
been performed in this State, it has been based upon the contract sys-
tem, and out of the net proceeds, owing to the misfortunes of the
period, nothing has been left to divide, so that there is nothing due to
the laborer for which he can hold the land.
Mr. L. S. IjANGLEY. Does the gentleman mean to state there is
nothing due the laborers in this State ?
Mr. W. J. WHIPPEE. I claim to speak sufficiently plain for any
one to understand me. I say that, under the contract system, even
though the proceeds were not divided, they do not constitute a lien
upon the land. Although many persons have, no doubt, been wronged
by this contract system, there is not a debt for which they can sell the
land of their employer. If they were to have one- third of the crop,
that was the basis upon which they labored, and if cheated, they must
seek redress by some other means than levying upon the land.
Mr. L, S. LANGLEY. What would the gentleman do in those cases
4§§ PROCEEDIBTGS OF TBTii
in which the planter has sold the laborer's pprtion, and made no retnrcv
to him? Would not that be a debt for which the homestead would be-
liable in the event of the adoption of my amendment ?
Mr, W. J. WHIPPER. The gentleman must see that his amend-
ment would not cover cases of that tind. If a man takes a bale of cot--
ton belonging to me. and disposes of ij without making a return to me^
I could not prosecute him for wages. He must be proceeded againsti
not for wagesy but for the proceeds of the crop.
The second amendment is that of the gentleman from Eichland, which'
is that the section shall not be retrospective. I earnestly hope it will be-
made retrospective as far as possible, and that it will work against all
debts of every character, I have not the slightest doubt. We owe it to-
the prosperity of the State to secure to every man a home, and in doing
this we shall invite capital to the State, identify every man, woman and
child with the soil, and create- in his h«art a stronger love of country
than has ever before existed. If we fail to' do it, we shall be overun by
legalized robbers who infest this and every community. Notwithstand-
ing the energetic eifort, therefore, that is being made by men of wealth
to defeat this measure, and the intrigue which is employed to that end^
I earnestly hope that it will be adopted by an overwhelming majority.
Mr. WM. J. McKINLAY. This certainly is a measure of relief, and
one which requires cautious action, for all of the errors we have commit-
ted have been in questions of relief. I am not possessed of sufficient
legal acumen to say whether this clause will act retrospectively or not ;;
but I do know the law of righi-, and upon that platform I intend to-
stand. We must admit that the provisions of this homestead are very
liberal. It is proposed to exempt two thousand dollars of real estate as
a homestead and five hundred dollars worth of furniture, the whgle ex-
emption to amount to two thousand five hundred dollars. The gentle-
man from Barnwell (Mr. LESLIE) yesterday depicted to us in a graphic
and sympathetic manner the late of the unfortunate debtor, but he ought
at the same time to have had some consideration for the equally unfor-
tunate creditor. While I am in favor of a limited and moderate home-
stead law, let me suppose a case, which illustrates that the present
section is calculated to do injustice to one class, and the picture is not-
overdrawn. Suppose there are forty men, each of whom owes fifteen
hundred dollars to a certain individual, making sixty thousand dollars'
due to one man. The forty are protected by this liberal homestead law
which covers twenty-five hundred dollars of property and puts them be-
yond the reach of the creditor, while he is compelled to sustain a large
loss without a single measure of redress. This is wrong. For this-
tJONSTITUTIONAL CONVENTION. 4»9
■speason 1 object to the section. I am, however, in favor of the aniend-
■ment of the gentleman from Beaufort (Mr. LANGLEY), because I think
it is no more than an act of justice to the laiborer that he should be
especially protected. On the whole, however, I am opposed to this
liomestead section, and hope it will be voted down.
Mr. R. B. ELLIOTT. I rise to offer an amendment so that the section
will read as follows :
•'It shall be the duty of the first Legislature that shall assemble after
the ratification of this < 'onstitution, at its first session, to pass such laws
.as may be nece.-sary to carry tliiji provision into effect."
I think it unnecessary for me to state the reasons which have caused
■me to move such an amendment. Every member reading the section
will see the necessity of such an amendment.
Mr. B. F. EANDOLPH. If I have failed to speak upon the several
aneasures of relief before the Convention, it has not been because I did
not favor their adoption. Concerning the proposition now before the
body I give it my hearty support just as it has been reported from the
Committee, and I hope it will be incorporated in the Constitution.
I regard it as a most efficient measure of relief to the people <>i South
Carolina, and hence it is one of the most important subjects with which
we hg,ve to deal.
When we look over the State, what do we behold ? Not a people
happy, contented and in the enjoyment of the luxuries of life, rolling in
wealth and ease, but a people without regard to complexion, poverty-
stricken and financially embarrassed. Go to the office of the Registers
in Bankruptcy and look at the long list of landholders who are them-
selves among the sufferers. Every day and hour swells the number on
that fated list. Look at the plantations levied upon by the Sheriffs and
Marshals. There is no capital in the country. Labor is plenty, but
want of ability to remunerate the labor leaves the State in a woful con-
dition, which demands prompt, generous and merciful relief.
This is the important question which we have to determine to- day,
and I beseech you one and all to reflect well, and whatever be your raqe
and color, to remember only the great interests at stake and the misfor-
tunes of the people you represent. It has been asserted here, much to
my regret, that certain measures were intended to benefit only white
men, while others were exclusively for the advantage of the colored race.
Eor one I shall support no such class legislation.
The principle is laid down in political economy that to make a State
prosperous, the prosperity of its people must be first secured, and what-
490 v . PROCEEDINGS OF THE
ever government best achieves this end succeeds best in the formatioia
of a perfect system of goverment. How can we attain so desirable an
object as that ^liich secures independence, comfort and happiness to the
masses? Certainly not by impoverishing any class, and especially those-
wlio may be the owners of the soil. I know there are those here who
desire to see the once wealthy landholders of this State — its aristocrats —
reduced to utter poverty ; but we cmnot aiFord to turn these persons out
into the highway. The attempt is inconsistent with the principles of politi-
cal economy and the purposes of a justly constituted society. On the con-
trary, I desire to see every man in South Carolina a landholder, so that
in traversing from one end of the State to the other, instead of desola-
ted farms we could see the land blooming with cotton bolls and the fruits
of agriculture on every side, and the owners, whether they be white oi-
colored men, owning large or small farms, enjoying results of indepen-
dent and honest industry. But God forbid, Mr. President, that while
seeking to attain ?o noble an object we should ruin or debase any class
of men. I think it desirable, however, that as a matter of policy and
pi;ogress, the large landholders should be induced to break their posses-
sions into small farms and populate them with an industrious commu-
nity. I am opposed to a landed aristocracy.
. As regards this homestead law, I know that it will act retrospectively
in its present shape. And the very moment it is passed every man may
select his hundred acres, or property to the value of two thousand five
hundred dollars, and plant himself upon that property as a homestead.
Hence I desire to see it adopted, so that though a person may have owed
another five thousand dollars for fifty years, he shall be protected under
this clause of the Constitution, which secures him in the possession of a
home. And I defy the ci'editor to deprive him of that homestead. I do not
dispute that every man should pay his just debts. But he who lends
m.oney on credit must take -the consequences. As a general thing, the
debtor is the larger class, and the creditor is mercenary and grasping •_
and theiefbre to the end that the poor and unfortunate man may be pro-
tected in at least a home for his family and himself, I desire to see the
adoption ,of this section.
Mr. SIMEON COELEY. I will state at the outset, that I am not indi-
vidually interested in the passage of this clause in the Constitution, if
viewed as retrospective, as it is perhaps opposed to my individual pecuni-
ary interest. But when it is remembered that this body has stamped as
"impracticable" apian which proposed the issuing of bonds by the
State, and securing thereon the loan of a few millions of dollars, based
upon the value of the lands said loan \yould purchase, at forced sales.
CONSTITUriO:S'AL CONTEXTIOX. 4J}1
■soon to- bo made at a very low figure, for the express purpose of furnish-
ing the otherwise poor wonderers of our own loved Carolina with homes,
for which they could -pay in the future, on the best security that ever
•can be given, tlte land itself, and which time will demonstrate to be the
only practicable plan, of relief that can be offered, then it is time to
inquire whether or not a large portion of the members of this Conven-
tion really desire any plan of relief whatever. I fear that there are gentle-
men here who, after repudiating the obligations of our wealthiest class
of citizens for slave property, are now willing to see that same class take
the identical funds which they heretofore held to pay their honest debts,
and buy with the same their late creditors homestead — the amount of
which they have robbed him, in order to worse than rob him of his
home. I do not impugn the motives of any gentleman here. I speak
of the matter only in a practical point of view, and not as based upon
metaphysical theories, which are of no practical value whatever. It
matters not what epithet may be applied to mo ; it may be demagogue,
fanatic or fool, as best suits the calibre and moral status of those who
may utter it; yet I, for one, demand a system of relief which can be
applied to all classes and conditions of our society. I do not plead for
color or class, but for down t: udden humanity ! Wherever tliere is a
heart to suffer, whether it throbs beneath a white or a black skin, there
I hold it to be our duty to apply every remedy which Grod and nature
hath placed in our hands. I£ we are so foolish as to fear the risk of a
few millions, by entering the market with the land-sharks, which some
propose to turn loose upon the suffering poor, to purchase the lands which
they intend to monopolize, and realize therefrom fortunes of colossal
magnitude; I say, if wo are so nearly beside ourselves as to stand here
with our arms folded, and listen to their syren soags of " impractica-
bility," while thoy play the practical, individually, personally and a'oac,
in feathering their own nests, at the sacrifice of the barest interests of
humanity, and of freedom itself, then we are not worthy of our noble
ancestry as freemen ; and we, with those from whose hands the shackles
have just been struck, are alike recreant to duty, and alike deserve to
wear the chains ! If our cowardly hearts are really afraid of the grand
investments which organized bands of land monopolists will fatten upon
while our poor are turned from their houses to meet thousands of those
who never had a home, together to become alike wanderers and serfs in
the land of their birth, at the bidding of men whose love of gold denies
the nobler aspirations of humanity, then we simply stultify ourselves,
and are not worthy representatives of the free people cf this Commou-
w-ealth.
03
492 PROCEEDINGS OF THE
There are taoso here who were, at one time, ready to scale debts, pass
stay law:', or do almost anything else for relief to the people, until the
slave debts were repudiated by the Convention ; and now, since that
step imperatively demands another to remove the suff.^rers from its worst
effect, cmd give nil somcthinf>: lile an equal chance^ they are as quiet as
they need be. The lions have become lambs, at least, and startle us no
longer by their roar. If this homestead clause smacks of repudiation
ill any sense whatever, it finds a precedent in the previous action of this
body, and is the only redeeming part of the general swindle growing out
of the rebellion. Let us but consider that the entire property of the
people lias depreciated to one half its original value, and that the great
basis of Southern wealth has been entirely swept away. The issues of
the Bank of the State, pledges of the people to the people, are worthless
in our hands — practically repudiated. Class repudiation has been al-
ready authorized by the action of this Convention, in the repeal of con^
tracts for slave property, and these precedent conditions demand farther
action on our part, in order to avert the worst features incident to such a
disturbed condition of our pecuaiary relations. And, again, we may
ask if the rebellion has changed our constitutional and legal relations in
a political sense-^of which there can be no doubt ; may we not reasona^
bly ask if it has not also, in some sense, ai^ected those of only a pecu.=
niarv character ? At any rate, justice and equal rights demand some
measures of relief of more than ordinary character under the extraor^
diiiary circumstances of the hour, and I will not voluntarily close the
labors of this Convention, until every owner of a homestead is, if possi-
ble, secure in its possession, and some plan is adopted whereby any
and every citizen, however poor he may bo, can purchase a homestead
on liis own account, backed by the credit of the State or of the United
States The freedom of the people cannot be long preserved unless
they obtain an interest in the soil. Let them have but a few acres of
ground to squat, on, and I defy the demigogues to coax or force them
into his meshes; but leave them homeless and houseless, and they must
necessarily be penniless and powerless. As more equal and better plana
have been ignored by the Convention as " impracticable," I shall not
hesitate to vote for this or any other which promises the least chance of
relief for the poor, and will support it at ^11 hazil^rds and against all odds,
It is questionable whether we can make a homestead retrospective.
It has been asserted by legal gentlenaen on this floor that we can, while
others of the same cloth have denied it. I design, then, to pass the
clause as it stands, and let the Courts decide the points of conflict with
higher authority. I have no desire merely to assert anything. The
"^^
CONSTITUTIONAL CONVElStTION. 49SJI
bare assertion does no good in itself, and this clause is couched in as
strong retrospective language as we can possibly give it, without possi-
bly defining the intention, which is evidently to make it good against all
debts whatsoever, as far as the common law will allow. If we cannot
save the homestead against present liens, let it then be good against
those of the future, and thus save something from the general wreck
for those who are best entitled to it. If a retrospective homestead be
unconstitutional, let it be remembered that secession and the bloody wai*
which followed were also unconstitutional ! Let us not for-et that a
majority of the people of South Carolina, who are to bo benefited by this
action, were driven into both like sheep to the slaughter, by the most cor-
rupt and damnable of all political leaders ; and if those leading specimens
of concentrated depravity are permitted to partake of the crumbs we
hereby offer to our betrayed and suffering countrymen, it is sioiply be-
cause we are unable to make a di-tinction in favoi- of the deserviu<^;
and rather than deny those who are worthy of our regard, we are wil-
ling to include also the unworthy. JSir, if I thought we could" do nothing
whatever to save the poor man his home, I should at once plead for
confiscation, and call upon the Government to take all our lands, and
permit us to sweat out our lives upon them as tenants, rather than sec
them pass into the hands of the vilest traitors to the Union and hu-
manity tliat ever cursed tlie soil of South Cai"olina. I have the honor
to represent a considerable number of white constituents who are loyal
to the Government. Thfy are, generally, men of small landed estates^
such as the *' pie-crust," coppei--clad reporter of the Nawa would, doubt-
less, call only "poor whites," and the expelled wretch of a still dirtier
sheet would delight to besmear with mercurial ointment. Yet they are^
nevertheless, patriotic men, who would prefer surrendering their homes
to the Government rather than to the authors of the rebellion ; those
who preached treason and then forced poor Union men into the fight,
while they remained at home to watch over their slaves, swindle their
unprotected neighbors, and at all hazards hoard their gold, that when the
war was over they might Ic^alhj rob better men of their property, and
plead the Constitution for their crime. If the Constitution is now claimed
to demand such a foul wrong upon the poor, v/ho were generally as
loyal as they were permitted to be, I beg leave to say that the loy<d
nation has completely outgrown it ; and, however nicely it might at one
time have fitted the limbs of the infant giant while reposing upon the
shoulders of " Sombo,'''' the full grown gentlemen cuts rather a poof
figure in that garment noiv ! It is true that our distinguished " 7iinth^''
at the "other end of the political avenue," ^^(^^zxq-s, \}a\^ coiiUiiiLlional
iOt PPtOCEEDIjSTGS OF THE
garment, as it ivas, to bo an exact fit, and for that reason seems to h&
int«Jntly bent on darning its small rents ; but his eyes growing dim, and
he having entirely ignored 02tr latest and most approved stAjIeit, I deny
that he- is a competent judge in the matter. I would prefer to piece the
garment to tlie proper diDiensions of the wearer, or cut another out of
tvhole cloth, accordiug to the most approved pattern, which shall exactly
fit the full grown scion of American freedom ! In short, the Constitu-
tion was intended for the people, and not the people for the Constitution ;;
and if it be iinconstiVutional to do right, tlien I am forced by the stern
logic of events to yield my eenstitutional predilections to a plain com-
mon sense view of our situation and the duty it involves. I feel satis-
fied that the remedy sought in that direction is infinitely worse than the
disease, to the cure of which some gentlemen has proposed to apply it,
and so utterly devoid of the essential elements of justice and humanity
withal, that I am compelled to accept instead the principles of our com-
mon manhood, and the injunctions of the moral law, rather than the
supposed teachings of any and all the musty parchments of the past- '
Mr. F. J. MOSES, Jr. I regret tha'5 in tlie discussion of this impor-
tant subject some of the gentlemen who have preceded me have not seen?
fit to confine themselves to that subject. It seems they desire to follow
that fashion, which has become so frequent in this Convention, of start-
ing out in the discussion of every important measure that arises by
venting their malice oa other subjects. We have had several exhibitions
of this desire, not only this morning, but yesterday, and I desire to say
here to the delegates, that I really trust that they will earnestly consider
the strength of the arguments presented solely on account of the argu-
ments themselves, and not on account of any virtue which gentlemen on
the opposite side may seek to attach by venting their personal and
individual regrets.
It has been said that we propose in the measure before us to legislate
for poor men. That proposition I most emphatically deaj. I will even
go farther than that, and say that if it was necessary, in order to ensure
tranquillity to the State, and good to the majority of the population of
the State, to legislate only for the poor man against the rich, I, for one,
would not hesitate to do it. I remember in' times gone by the State of
South Carolina has been ruled by the rich for the rich. I remember
that the rights of the poor man, personally, and his rights of estate,
always have been trampled under foofe by that aristocratic element. I
for one am not willing to bring up measuress for the sole sake of bene-
fiting the down-trodden aristocrats, while the poor man is calling upoa-
Ti'S for relief.
COXSTITUTIONAL COKVEXTIOX. 405.
I cannot unclerst:ind any sucli arguments as these, and I submit that
tliere never could be a place in -^vhich it is more improper to bring them
than in this reconstruction Convention, met for the purpose of forming
a Constitution for the State hereafter. It may be that these gentlemen
differ. It may bo that the gentleman from Fairfield (Mr. EUTLA.ND),
for instance, who has sat at his table, kept quiet, heard debate after
debate arise, and has not arisen to open his lips until the question of
money came up. He may be willing, in consequence of some debts
owing him, to attempt to use this Convention against the poor man.
I trust, however, delegates will remember T/e are here to be guided
by no personal considerations ; that no gentleman should attempt to use
the Convention for the benefit of himself and associates, and that no
aristocrat has the right to ask us to use ourselves for his exclusive
benoSt. The gentleman from Fairfield ha; kept perfectly quiet when
there were just as important constitutional questions under debate. I
recollect there are only three subjocts ia which he has taken a special
interest, and that is where he sought to stab at the evident prosperity of
the poor man, where he sought to enforce the right of creditors and for-
got all the past, forgot all the bloodshed, all the property wrested fromi
every man in the State, forgot all simply for the purpose of pouring
the coffers of the State into the hands of people whom he intends shall
be monopolists. Thank God, it is not the intention oi the Convention to
support him or any other man in that. Thank God, ws intend to be.
retrospective, to wipe out forever, if possible, this terrible heel of despo-.
tism. We propose to erect a fabric in the future in which the poor man
himself shall be concerned. Thank God, the poor man's arm is no lon-
ger to be confined to the moltening of iron, but to uphold the pillars of
the State. I know no prouder spectacle in the world than to see at the
close of the labors of the Convention -^ Constitution submitted to the
people of the State which will let the poor man see for the first tim.e in
our history his rights have been respected.
Again, it has been said in reference to personal regrets by the gentle-
man from Darlington (Mr. WHITTEMOEE), that having taken the
positions he has heretofore assumed in this Convention, he cannot afford
to retrace his steps. It would not be consistent to retrace his steps. I
am glad, if that is his view, he has not attempted to retrace his steps, for
we all know that,
"A man convinced against liis will.
Is of the same opinion still."
Perhaps it would be dangerous for him to retrace his steps to come
496' fRorfiEDiNGS of Titii
over to our side. I am willing he shoulcl stand just where he stands, on
the platform of injustice. I am willing he should stand on that platr
form from which he has pi'oclaimed that the past is not to be forgotten,
and that men are to be punished simply because they rebelled against
the Government. I am glad he has confessed that he never read that
line, " to err is human, to forgive divine." I am glad he had the can-
dor to confess that ha stands just where he does against the people, and
that he is going to stand there hereafter.
It is argued that we must look to the creditor ; I ask are you not look-
ihg to the creditor ? The creditor can only be aided by framing such a
system of laws, by adopting such a Constitution as will allow^ the
debtor to go to work with a manly and a stout heart for the purpose of
marking money to pay his debts. Everybody knows that the creditors
of the State are the largest number. Creditors are not only made by
sales of property. Does the gentleman from Fairfield know that cred-
itors loan out money? Where one) creditor is found you will find a
dozen debtors. We are working just so much more for the creditor if
we make this law prospective. What would be the consequence ? Gen-
tlemen say we are willing to aid the people of the State. I say it would
not be aiding the people of the State if we pass a law merely pros-
pective in its character. It would not operate upon the people at pre*
sent; it might benefit a future generation. But cannot you see the
object of the gentleman in the opposition ? It is to punish the people
of the State merely because they were concerned in the rebellion. We
desire to help the people of the State as they stand at present. Nobody
owes debts but those who rebelled. How many outstanding debts are
there due by citizens of the State incurred since the existence of the
War ? I know the majority of sales effected were paid for in cash ; I know'
the greater number of cases of debt incurred during the war were solely
for borrowed money. The largest number of debts standing at present
are those which were incurred during the war. These gentlemen will
not help the rebel, and at the same time refuse to help the loyal man I
say that the only object under heaven that can be had by the gentlemen
who propose to make this homestead prospective ; their only object in
the world is to defeat the benefit which we propose it shall be to the
people. I trust this Convention will not use its strength in that man-
ner. I trust it will be proved to those gentlemen who come here, in
whatsoever livery they choose, in any garment they choose, and coats in
any shape they choose to wear them, that they cannot make us believe,
because of their back record, as persons sent " to preach peace on earth,
good will to all men," that in this Convention they can use us as an instru-
CONSTITUTIONAL CONVENTION. 497
ment of revenge to all men. I represent loyal citizens, I rep?esent none
of those men who rebelled against the Government, but, as part of my
constituents, I protest against this Convention seeking to injure by its
legislation those who rebelled. What has the United States Govern-
ment done ? Where was the blow struck ? It was struck at the heart
of the Government, at the prosperity of the United States Government.
What has the Government, I say, done since the close of the war, and
ask yourselves if you can consent to blot out one line which bears the
record of magnanimity ? That Government has refused to punish the
leaders of the rebellion. That Government has forwarded even to those
men who came fresh from the conflict, supplies by which they could
manage to live. That Government, even with a Radical Con2:ress, has
refused to commit one act of revenge against the people who rebelled
against the Government, but you are asked to do it. We saw the scene
enacted here yesterday. The gentleman from Barnwell (Mr. LESLIE),
with a heart as honest and true as that which beats in the breast of
any, spoke, and you saw him got up here and paint a vivid picture of
the condition of his people. Then with tears in his eyes he was com-
pelled to sit down, simply saying, I love my people, I love them all. I
ask the members of the Convention if, after witnessing that scene, they
can steel their hearts against this measure.
In justice to the gentleman from Barnwell, towards whom, on another
occasion which sprung up, much bitterness was displayed, I take cordial
pleasure in sayinsy that I believe he stood where his truth and honesty
induced him to stand, and all the slings and shafts hurled at him has
fiillen hai'mless at his feet; and he has come out like "the purest gold,
thrice tortured in the furnace."
If it be true, as has been declared, that the war was a rich man's
war and the poor man's fight, let us, in God's name, stop it here, and
not by a system of legislation seek to persecute the poor man any lon-
ger. We do not propose by this measure to impair the obligation of
contracts ; but, on the contrary, to surround them with all the sanctity of
law, while at the same time we protect, to a humane degree, the debtor.
A good deal has been said about the retrospective character of this
section. I ask the Convention if it is more retrospective than the Bank-
rupt Act of the United States, which allows a man ^500 clear of debts ?
If it be morally right to free these men from debt, and reserve a portion
of their property in one case, does not the principle apply with equal
force in the present instance, and may we not by this provision confer
the intended boon upon the people. The only manner in which we can,
aid the creditor is to give the debtor means to recuperate. Enforce tha
4{)S PROCEEDINGS OF THE
collections novr, and tlie creditor will not liave ons-tentli, or perliapa
one-fifteenth of his demands sati8fi^3d ; but let timo and industry aid the
tiniortunate debtor, and eventually he will be able to cancel his obliga-
tion. We do not say that this homestead law will operate retrospec-
tively against judgrients. A judgment is a lien upon property ; we do
not propose to interfere with vested rights, but that this section shall
operate retrospectively against 'dl outstanding debts, excspt judgments
and mortgages. V/e do not intend to wipe out debts in any degree.
The gentleman from Darlington says he is willing to meet us half
way, and proposes to divide the burden between tlio debtor and creditor^
3ow can Le do it, except by impairing the obligation of contracts ?
Mr. B. F. WHITTEAIOES. I am not in favor of disturbing any
existing contracts whatever.
Mr. F. J. MOSES, Jr. Now, in the legal argument of the gentlemen
from Fairfield (Mr. EUTLAND), he has entirely confounded the right
of action with tho remedy. "We do not propose to interfere with this
iright of action Let, i': stand. And I warn the Convention against the
subterfuges piled upon each other with the intention of defeating this
provision. Our duty is plain. It is the dut}' of tho law making power
always to prescribe the remedy for the collection of debts. Tiiat remedy
has been prescribed, and we do not propose to interfere with it, except
as has been provided by the gentleman from Darlingtoa in the Bill of
Eights, which abolishes imprisonment for debt. We simply propose
that so much property shall bo exempt from execution as is not subject
to mortgage and judgment entered up. Tho fact that the remedy m:iy
possibly defeat the collection of the debt doos not necessarily impair the
obligation of the contract. The remedy may be ill advised, but no sane
lawyer would en this ground declare it to be unconstitutional. This
measure is not an ex post facto law within the meaning of the provisions
of the Constitution of the United States.
If there were a particle of doubt in reference to the constitutionality
of this measure, I think we should recollect that the unanimous will of
the people regulates the construction of Constitutions. And right here,
so far as the unconstitutlouality of this measure is concerned, I would
direct the attention of the gentlemen from Fairfield to one fact in refer-
ence to this law of reconstruction measure. I do not suppose we can
point to a single instance that would have a stronger effect with him, if
he is sincere. Does he not know that one of the leaders of the Eepub-
lican party in Congress boldly asserts and maintains the doctrine that
the reconstruction acts are totally unconstitutional ? Does he not know
that Thaddeus Stevens proclaimed from his seat in the House of Repre-
COISTSTITTTTIONAL CONVENTION 499
sentatives that ho has encamped oulrdde of the Constitution, so far as
the settUng of this reconstruction is concerned ? Does he not know that
Ml'. Stevens admits that the Constitution of tha Unital States was not
adequate to meet the emergency, and that he argues in this way, that as
the Constitution did not provide- for this emergency, as it did not say
what should be done on the breaking cut of the rebellion, at the close
of the war the United States Government were the victors, and that that
victory gave them all the rights which belongs to the victors over the
conquered?
Now I say, is it not just as constitutional for us to admit here, for
almost as grand a purpose as that which Mr. Stevens has in view, for
his purpose is to reconstruct tlie States, and our purpose is to save the
State of South Cai'oiina, one consequence must follow the other?
Have we not the same right, taking his view general!}- to be the true
one, is it not necessary, in order to reconstruct the State, to encamp out-
side of the Constitution. Have we not just as much right, if it is necessa-
ry, to aid the people of the State to build up South Carolina as an inte-
gral part of the American Union ? Have we not the same right to pass
anything, even if it was uncouNtitutional? 'As far as I am concerned,
there is no man on the floor of the house who has more reverence for the
Constitution of the United States than I have, n > matter how loyal he
had been during the war. I say, if it is necessary now, with the knowl-
edge tiiat Congress will not interfere with our Constitution, provided it
is a proper one; with that knowledge, without the slightest doubt that,
if this homestead law is passed, the people of the State will ratify' our
Constitution; knowing all these things, if it is necessary to go outside of
the Constitution of South Carolina, in order to help the State, I, for one,
am willing to do it. I am willing to follow the lead of those who have
camped outside of the Constitution. I do not agree with those or com-
mit myself to the opinion of those who say that the reconstruction
measures are unconstitutional. But, knowing that Congress will ratify
our proceedings, I am willing to swallow it, even if it is • unconstitu-
tional.
It has been said that this is class legislation. I deny it, and am pre
pared to prove it. It has been asserted that the movement will only
benefit the white man; only those who have imbued their hands in
blood.
In looking over the list of tax payers .of Charleston in 18G0, I find
three hundred colored tax payers, paying taxes on real estate of the
value of three hundred thousand dollars. I ask you is this class legis-
lation within the city of Chaileston? I know colored persons living in
6i
500 PROUEEDINGS OF THE'
diflferent parts of the State who did own real estate before the war, and
who own it now. Many have bought property since the close of the
war. I beg you to remember that ou almost all the land bought by
colored men, hince the close of the war, very little of it has been paid
for. To make the homestead prospective only, would sweep almost
every colored man, who owns a homestead, from his possession. I know-
that in my District it would be so. The other delegate from Sumter, I
know, can substantiate that statement.
Mr. T. J. COGHLAN. I know that what you state is true.
Mr. F. J. MOSES, Jr. We have just passed a resolution asking Con-
gress to give them more land, and now, because they have by honest
hard toil bought those lands, it is proposed by some to take it from
them. That will be the effect if you do not pass this homefstead law.
The whites can stand it a great deal better than the coloi-ed people.
The white owe a great many debts, but, at the same time, the colored
people will have much more trouble. The whites, as a class, will stick
to each, other, particularly rich men. Tliey will lend each other money to
save their plantations from being sold. But to whom can the poor man
appeal? Will those who propose to make this homestead law pro-
spective, will they vote money to help him to keep his lands? Wnat
answer will they give these colored men when they go home ? Will
they answer that they did it simply to havo some revenge on those per-
sons who brought on the war? I leave it to the consciences of those
gentlemen to say if they would like to give an answer like that. They
have come here to build up a system of laws, and provide a Constitu-
tion, which shall protect them in all their rights of present property and
hereafter. Still, one of the first and most important things we do is to
take away that little home, around which clusters every emotion of their
. hearts. We know how their hearts have been set on land ; we know
how everything they have made has been treasured up for the purpose
of buying land. They say give me a home and place to shelter my wife
and children, and we ask no more. We are willing to work out our des-
tinies by the side of the white man. I say, if you make this law pro-
spective only, you hurt the colored man more than' you hurt the white
man, because thero are thousands of schemes by which the colored man
may be deprived of his home. The white men are always smart
enough, to employ lawyers to do everything for them, smart enough, as
a great many of them heretofore have been, to avoid the penalty of their
just debts. They can avoid the Sheriff, but when the Sheriff comes to
the colored man he has no sympathy for him. He says the white people '
don't want you to have lands anyhow. You have got it by your indus- .
CONSTITUTIOKAL CONVENTION. 501
try, perseverance and hone-ty, but we are determined to take it from
you, and you will whistle for it when you get it again. Another point I
would make is in reference to the bearing this subject will have on the
adoption of our Constitution, and as to whether or not it will help our
Constitution to have this clause in it, which guarantees a homestead.
If every member could have sat with me by my fireside one night last
week, and heard an account of the scene that occurred at the gentle-
man's home in Barnwell, when he first heard that the calling of the
Convention was defeated, if j'ou could hear the tale that fell from his
lips, as in the agony of his heart he asked, " What must I do here? I
have taken a stand for the rights of the colored people, and almost
every white man is raised up against me. I have been looking forward
to the calling of this Convention to have their rights recognized. T can
live here no longer."
If that was the effect then, what will be the effect if our Constitution
is defeated ?
The gentleman from Barnwell (Mr. LESLIE,) has already felt that
agony of mind. ; he has already endured that perturbation of spirit and
suffering of heart which enured to him when he heard of the defeat of
the calling of the Convention. I ask you, for God's sake, if you desire
to feel, when you go from here, that you have put this Constitution upon
such a broad foundation of justice, equity and equality before the law,
and of the rights of all men ; if you desire to feel that you have made
the hearts of every one of your citizens leap for joy when he reads your
Constitution ; if you desire to feel that there is no combination of cir-
cumstances which can give the Democratic party in this State the victory
over our Constitution ; if you desire to feel that your Constitution has
not only been carried by a number of voters prepared to vote for it
anyhow, but by a large majority of all classes, because you framed it in
a spirit of equity and justice for all men; then, for God's sake, I say,
make this homestead law retrospective.
Mr. K. B. ELLIOTT moved the previous question.
Mr. S. Q. W. DILL called, for the yeas and nays.
The call was not sustained.
Mr. J. M. EUTLAND. I do not intend to detain the house more
than fifteen minutes. I coufess I am not exactly prepared to speak on
this subject to-day. I had hoped from the course the debate has taken
that I would have had an opportunity to arrange my thoughts by
to-morrow morning.
There seems to have been a misunderstanding among a great many
colored persons as to the effect of the amendment offered by the gentle-
502 PKOCEEDINGS OF THE
mau from Eichland (Mr. EOBEETSON). I wish to explain the effect of
that amendment. Some of these colored persons think it will deprive
them forever of the right to have a homestead. That is not the case.
This amendment does not interfere with homesteads which may be
acquired hereafter by white men or colored men, or any other class of
men. It is simply intended to prevent a retro-active or retrospective
bearing on this homestead law. In other words, it is intended that those
men who were in debt before the war shall be compelled to let the pro-
perlj'' which they held at that time, and got credit upon, be responsible
for their debts. That is all the amendment is intended to effect. It is
intended to make those men who owed and contracted debts before the
war, and now owe those debts and do not desire to pay, give up the
property they hold. It does not interfere with our having a homestead
law for the future ; and if you vote for that amendment you will have a
sound homestead law in the future. When a man who makes a contract,
if it is the law of the land that you shall have a homestead, and the
man knows you are entitled to a homestead, then he contracts with his
eyes open, and has no right to complain if you unfortunately should not
be able to pay that debt, and you are allowed to retain the homestead.
Mr. J. J. WRIGHT. Who were the creditors bafore the war ?
Mr. J. M. RUrLA-ND. Tlieir name is legion. I cannot re inember
them. If you vote for this amendment you are not depriving yourselves
of a homestead in the future, if you are able to procure one. I hope you
will all be able to do so. I have not my notes arranged and shall not be
able to speak from them about the Constitution. I must, however, make
a few remarks in reply to the gentleman from Sumter, who is the main
gentleman who attacked my argument. He commences his speech,
which is a most extraordinary one, by stating we should bury the past,
forget all records and know nothing that has happened heretofore.
That may suit him very well, but I do not know exactly whether it is
right or not. At the same time, if we want to know something of the
man addressing me as to his sincerity, we do trace him back to find out
what his record has been upon the various questions before the body.
I have no doubt the gentleman would be glad it should be forgotten that
there was such a place as Fort Sumter, or that there ever was such a
flag as a secession flag.
Mr. F. J. MOSES, Jr. I would like very much to have the gentleman
go on.
Mr. C. P. LESLIE. Will the gentleman refer to his own record ?
Mr. J. M. RUTLAND. I have not heretofore boasted of my record,
but I claim as clean a record upon union principles as any man in the
<X)S!"STITO TIONAL COMVEISTION. 303
United States of America. I have never faltered from tlios'e principles
from the opening of the war to the present time, and no man oan under-
take to assert to the contrary. Even the Mercury, with all its concen-
trated venom and malice, cannot say aught to that character in its
paragraph this morning. Surely there is malice enough in this world if
there was anything wrong on my part to have given the Convention all
the information that can be given. 1 presume I am uioving against
wind and tide in this Convention, for the appeals are made t'» poor men j
for it is said to be a relief measure, and any man opposed to relief is
opposed to the poor man, and, therefore, you are to vote him down. I
presume I may be in the minority, and have been threatened if I held
to this measure that my political head would be taken oG. Some of my
friends who left me gave me notice that if I opposed this measure it
would take my head. But I am willing to stand here upon principle.
Mr. B. F. RANDOLPn. The gentleman has appealed to the colored
men. There are colored men here who own property and who may be
in debt. If that amendment is carried, will not their property go for
their debts?
Mr. J. M. RUTLAND. I suppose a good many do own property. If
they contracted honest debts and got the value, I do not think any honest
colored man would want to shield himself from the payment of those
debts when he got credit upon the faith of his property. I do not
believe a colored man would desire to do it. Bnt their homesteads will
be protected to them hereafter. I do claim that every man is bound to
pay his debts, whatever they may be.
Mr. E. B. EIjLIOIT. I would desire to ask the gentleman whether
white men would be glad to shield themselves from their debts ?
Mr. J. M. EUTLAND. I think a great many of the white population
desire to shield themselves from paying their honest debts.
Mr. B. 0. DUNCAN. I would like to know whether the white people
are more disposed to shirk their debts than any other class.
Mr. J. M. RUTLAND. There are a great many who want to dodge
their debts and hold on to their lands. It has been said that I was a
rich man, and that my friend from Richland was a rich man. I concede
that my friend is a rich man, but deny that I am, or that I advocate this
measure as a rich man. I come from the ranks of the poorest class. I
had a competency before the war, but the war has swept it away from
me. What little I do now own they propose by this retrospective home-
stead law and stay law to take it from me. Let them do so if they think
it is right.
My friend from Sumter laughs at Constitutions, and is willing to over-
el04t PliOCEEDINGS OF THi:
ride the Constitution if necessary to pass a measure of tliis sort. Kelief
for what ? It is i^elieving a man who has landed possessions from the
payment of his honest debts with his property upon which he proposes-
to sacrifice everything. He tells you he is the friend of the poor. If
the gentleman lived in Utah he would marry all the poor women in the
territory, and no doubt would kiss all the poor men's babies. This gen-
tleman, so passionately fond of the poor man, tells us this is a poor man's
measure, f deny it. I intend to introduce some resolutions which will
be really for the benefit of the poor of this State, and which will operate
universally all over the State. Any man who will introduce such a
measure as that will not get my support: I am not willing to override
all Constitutions.
I am honest in my convictions of this principle I am .".dvoeating ; I
feel I am walking upon velvet, however you decide this case. You may
Tote against me, vote down the amendment, have retrospective laws,
stay laws or any other laws you choose that will interfere with contracts,
but, notwithstanding, you can effect nothing. The Courts of the coun-
try will never respect an Ordinance of this Convention which conflicts
with the Constitution of the United States ; and, notwithstanding my
friend from Sumter has endeavored to laugh me out of my doctrine of
constitutional rights, I still contend lor constitutional law. I do not
know whether he wants anarchy, but he is not disposed to be bound or
restrained by constitutional law. He is for the poor man and for nothing
else. The poor man is his God.
Mr. F. J. MOSES, Jr. Do you not think it po-^sible that sweeping
everything in the world that a man owns from him might bring on
anarchy ?
Mr. J. M. RUTLAND. I believe that whenever the debtor and
creditor ai'e interfered with by outside parties, it is like interfering be-
tween a man and his wife in a quarrel. The man who does it is left to
come out with a bloody nose, and it does not make any difference which
side he takes. I think if we pass this, we will, eventually, come out
liere with a bloody nose. T think the Courts of the country will decide
all this work to be unconstitutional, null and void. I may be in the
minority — I suppose I am ; nevertheless, I stick to my principles. My
eloquent friend from Barnwell (Mr. LESLIE), yesterday made an appeal
not to be resisted I would say to him, " Weep not dearest, thy victory
is sure, for who can resist that most powerful of all appeals, beauty
bathed in tears ?" I feel, therefore, I may weep on this question. I am
willing to stand on the issue. I am right sure I will never surrender.
Vote me down if you choose, but give me credit for honesty of purpose.
CONSTITUTIONAL CONVENTION. 505
Mr. C. P. LESLIE. Will the gentleman allow me to ask him a ques-
tion before he takes his seat i* 1 understand him to claim sincerity for
<any purpose for which h^e recorded his vote. I ask if jou question the
fact, if all the votes cast in this house do express the honest sentiments
of your heart, whether you did not tell me, fifteen minutes before you
-cast the affirmative vote, you could not concur in the petition to Con-
gress for a loan of one million of dollars.
Mr. J. M. RUTLAND. When a measure is brought up to which I
am indifferent, and which I think will go for nothing, I thought I would
get in the boat with all the rest of the gentlemen and ride along, al-
though I thought it would be a failure and a miscarriage. I went with
the tide, because I did not think it worth while to oppose it. I cared
not about this little petition; I would vote for far more money than that
if I thought there was any chance for it. I would not stop at one mil-
lion. I really thought that was got up for political effect, and I was wil-
ling to go with the rest of the gentlemen; get in the boat, vote, and
ride along with them.
Mr. C. P. LESLIE. That is what he calls sincerity of purpose, I
•expect
Mr. J. M. RUTLAND. I frequently have heard it said we have lost
all, save honor, in this great war. I am willing: to acknowledge that as
pretty nearly true. If we have any honor left, I trust this Convention
to the extent of its ability will preserve its honor. It is all we have to
expect. If a man owes a just debt, contracted, previous to that time,
and has a lot of land, let him sell that land and pay his debt. But so
long as we continue to pass stay laws, retrospective homestead laws,
and repudiation laws, we will never have credit in South Carolina. Mil-
lions of capital are ready to be distributed among us as investments. If
the owners think well of it to put it out with the proper interest, they
will need confidence. Credit is worth more than the little pittance of
homesteads. I contend that the country will not be the poorer by
making men pay their debts, and, give up their lands if necessary. If
one man is dispossessed of an estate, another becomes possessed of it.
The gentleman from Barnwell says he goes for the benefit of the entire
State at large ; then I am sure he will not injure the State by protecting
a man from paying his debts.
I could say a great deal more, but I think this question has been
presented in the light we cannot doubt. 1 contend if any man is dis-
posed to do justice between the creditor and debtor, or if he is disposed
to deprive the creditor of his rights, and to make a present to the debtor,
who claims it of his just debts to another, then let him vote against that
Sm PKOCEEDIN'GS OF THE
amendment; but, I trusi, upon second i-eflection, you will sustam the
laws and Constitution of the country, notwithstanding the gentlemart
from Sumter (Mr. MOSES) is disposed to laugh them to 8Corn.
Mr. E. B. ELLIOTT. I move the previous qLuestion.
The motion was sustained, and the question being taken on the va-
rious amendments offered, they were all lost with the exception of the
amendment offered by Mr. E B. ELLIOTT.
The main question was then taken, upOn which Mr. S. G. W. DILL
called for the yeas and nays, Avhich were ordered.
Mr. B. F. WHITTEMOEE asked leave to explain his vote, which wa.=^
granted.
Mr. B. F. WHITTEMOEE stated he voted "no," because the section
is proclaimed to be retrospective, and because he cannot support any pro-
ject that would commit a violation of the Constitutinn of his country :
but he was in favor of a iust homestead act.
Mr. W. J. McKINLAY said he' would have voted no, but he under-
stood that it would be left for the Courts to decide whether the law was
retrospective or not. He therefore voted yea.
Mr. C. M. VVILDEE said he wanted it understood he did not oppose
a homestead. He believed it to be the m^ans of identifying the people
with the State. But he was opposed to any homestead or stay law that
would rob one portion of the people to satisfy the other. He, therefore,
would vote no.
The yeas and nays being taken, resulted as follows :
Yeas — The President, Messrs. Allen, Alexander, Becker, Bell, Bowen>
Bonum, Burton, Brockenton, Bryce, Byas, E. H. Cain, E. J. Cain, Camp,
Cardozo, Coghlan, Clinton, Cooke, Collins, Corley, Craig, Crews, Dar-
rington, Davis, DeLarge, Dickson, Dill, Dogan, Driffle, Duncan, Edwards^
Elliott, Foster, Grentry, Goss, Gray, Harris, Jas. N. Hayne, Charles D.
Hayne, H. E. Hayne, Henderson, Holnies, Humbird, Hurley, Jacobs,
Jervey, Jillson, W. B. Johnson, J. W. Johnson, Dr. L. B. Johnson, W.
E. Johnston, Joiner, Chas. Jones, Lang, Langley, Samuel Lee, Lomax,
Leslie, E. W. M. Mackey, Mayer, Mauldin, W. J. McKiulay, W. McKin-
lay, McDaniels, Mead, Middleton, Miller, Milford, Moses, Nance, Nash^
Nelson, Newell, Nuckles, Olsen, Parker, Pillsbury, Eandolph, Eainey,
Eansier, Eichmond, Elvers, Eobertson, Eose, Eunion, Eutland, Sanders,
Sasportas, Smalls, Stubbs, Swails, Thomas, Augustus Thompson, B. A.
Thompson, S. B. Thompson, Viney, Webb, Whipper, White, William-
son, Wingo, Wooley, Wright — 103.
Nays — Messrs. Owens, Whittemore, C. M. Wilder, J. H. Jenks — 4.
Absent — Messrs. Arnim, Boozer, Chamberlain, Chestnut, Donaldson,
Hunter, Jackson, L. Johnson, H. Jones, George Lee, Neagle, Perry,
ShrewslDury, F. E. Wilder — 14.
The thirty -fifth section then passed to its third reading, and the
President announced the Convention adjourned.
MIT UO >i4)riiU3;i;X»;
T EIIKT^Y-l^I n ST OAY.
Thursday, February 20, 1S68.
The Convention assembled at half-past ten o'clock, and was called to
order by the PRESIDENT. ■/
Prayer was offered by theEev. H. D. EDWARDS.
The roll was called, and a quorum answering to their names, the
PRESIDENT announced the Convention ready to proceed to business.
The Journal of yesterday -W^aS read and confirmed.
The PRESIDENT called ior reports of Standing Committees.
Mr. R. G. HOLMES asked and obtained leave to introduce the ioUow-
ing proposed ordinance :
The Special Committee to whom was* referred the annexed draft of an
article proposed to be embodied in the Constitution of the State, respect-
fully report that they have given mature consideration to the subject
referred to them, and submit hereby the conclusion to which they have
arrived.
Your Committee recognize the necessity of the relief for the financial
and industrial interest intended to be conferred upon the people of the
State b}' the measure proposed : that relief consists in part in furnishing
lands for purchase by actual settlers, upon terms and conditions as to pay-
ment so moderate that it will assure to the industrious the means of suc-
cess in surrounding themselves with the comforts, the conveniences and
the independence of homes ; while those, who might be disposed to abuse
the provision thus made, Avill be deprived of the opportunity of turning
the bounty of the State into a scheme for speculation and land
monopoly.
Another portion of the intended objects of the measure proposed is to
make the State a purchaser for that portion of the lands of the State
that is forced by the indebtedness of its owners upon publir; sale, and
thus, by stimulating competition at such public sale, prevent those lands
from passing into the hands of speculators at merely nominal rates, im-
poverishing the debtor, while the creditor realizes but little in satisfac-
tion of his legal demands.
As to the first object of the measure stated above, the general policy
of offering inducements to actual settlers in the manner proposed is not
only commended by the principles of justice and economy involved, but
by the practice of the Federal Government and of many of the States,
The principle has become too well settled and has been too often practi-
cally applied to need either argument or illustration at the present time.
It i?, however, proper to remark that special reasons for its adoption
exist in the pi-esent condition of the State. This State embraces an
undue proportion of uncultivated lands ; the number of the landless is out
of proportion to the total number of inhabitants of this as compared with
other political communities depending for stability upon the morality,
65
50§ PROCEEDINGS OF THE
intelligence and property interests of the body of the people. The low-
rates at which property is sold at public sales oflFers the greatest induce-
ments to enter upon a plan of relief that cannot fail under good manage-
ment to be a success.
The means proposed by the ineasure under consideration ibr attaining
this end, appears to be practical and free from objection. It is necessary
that the credit of the State should be brought to aid in arresting the
downward tendency of the property, and in providing the means of sup-
plying a certain kinf] of capital to give employment to the industry of the
country, while it is not desirable that the public debt should be increased ;
but, on the contrary, that every practicable and legal means of curtail-
ing it should be adopted, yet the issue of stock to a reasonable extent
for the purpose contemjilated by this act, will not only avoid what is
really objectionable in increasing the public debt, but will have a direct
effect in aiding the liquidation of the outstanding debt. In the first
place, the issue for the purpose will be based on the specific lands pur-
chased with such securities and on the proceeds of the sales thereof, and
therefore, will never call for taxation for its liquidation. In the second
.place, at the rates at which land is sold at public sales, the State will be
able to acquire property which, before the stock based upon it matures,
will be worth much more than the amount paid for it, and which, or its
proceeds, if judiciously sold, will be more than sufficient to pay the debt
incurred for its purchase, and this surplus value may be applied to a
sinking fund to take the place of taxation on the final liquidation of the
public debt at large.
Your Committee regard the creation of a Board of Public Lands as of
importance, in order to carry out the provisions of the measure proposed ;
but independent of this consideration, such a Board is needed to give
peculiar attention to what is demanded for the preservation and care of
the public lands of the State.
Your Committee, therefore, recommend the adoption of the plan pro-
posed, and that it be introduced in the body of the Constitution in its
proper connection.
Section 1. It shall be the duty of the Legislature to provide for the
establishing of a Board, to be known and designated as Commissioners
of Public Lands, of which Board the Comptroller General of the State
shall be a member ; and to define the powers and duties of said Board,
and fix the compensation of the members, and to provide for the current
expenses thereof.
Sec 2. The Commissioners of Public Lands shall have authority,
under regulations provided hj law, to purchase at public sales, improved
and unimproved real estate within this State, which in the judgment of
rfuch Commissioners shall be suitable for the purposes intended by the
fourth section of this Article ; Provided, that the aggregate amount of
purchases made in any fiscal year shall not exceed the par value of the
public stock of this State, created and appropriated by the Legislature
for the purposes contemplated in the fourth section of this Article, for
such fiscal year ; And provided also, that the rate at which any such pur-
chase shall be made shall not exceed 75 per cent, of the value of the
CONSTITUTIONAL CONVENTION. 5C9
land so purchased, including the improvements thereon. Such valuation
to be ascertained in the manner hereinafter provided for by law.
Sec. 3. The Legislature shall have authority to issue to said Commis-
sioners public stock of this State to such amount as it may deem expe-
dient ; which stock, or the proceeds thereof, the Commissioners shall
have authority "to apply in payment of all purchases made in accordance
with the second section of this Article ; Provided., that such public stock
shall not be negotiated at a rate less than the par value thereof.
Sec. 4. The said Commissioners ehall have authority, under such
regulations as shall be established by the Legislature, to cause the said
lands to be surveyed and laid off in suitable tracts to be sold to actual
settlers, subject to the condition that one half thereof shall be placed
under cultivation within three years from the date of any such purchase.
And that the purchaser thereof shall annually pay interest upon the
amount of such purchase money remaining unpaid, at the rate of 7 per
cent, per anniim ; and also all taxes imposed thereon by or under the
authority of the United States or of this State, and in addition thereto,
shall, in every year after the third from the date of said purchase, pay
suf'h proportion of the principal of said purchase as shall be required
by the Legislature. The titles to said lands shall remain in the State
until the amount of said purchase shall be paid, pr'ncipal and interest.
But a certificate of such purchase shall be issued to the purchaser, which
shall be assignable after three years from the date thereof
Sec. 5. All lands purchased by said Commissioners, or the proceeds of
the sales thereof, shall be and remain pledged for the redemption of the
public stock issued under section third of this Article ; but the Legisla-
ture shall have authority, subject to such lien and pledge, to make upon
the faith and credit of such fund, further issues of public stock ; but the
stock issued as last aforesaid, and the proceeds thereof, shall be used
exclusively for the redemption of the public debt of the State outstand-
ing at the date of such issue and which shall not be funded.
Sec 6. The Legislature shall provide by law for the security of the
funds in the hands of the. Commissioners of Public Lands, and for
the accountability of such officers, and shall require bonds to be given
therefor.
Mr. E. W. M. MACKEY offered the following resolution, which was
agreed to :
Resolved, That this Convention request Brevet Major-General E. R.
S. Canby, commanding second Military District, to remove Mr. Lee, the
present Superintendent of the State Penitentiary, and appoint in his
place Mr. Wm. E. Rose, of Yorkville.
Mr. J. M. ALLEN offered the following :
Resolved, That the President be requested to take such steps as are
necessary to draw twenty thousand dollars from the Treasury of the
State for the purpose of paying the per diem and mileage of the mem-
»10 PROCEEDINGS OF THE ,
bers of this Convention, and that the .-same be paid on Saturday, the 22d
of February, 1868.
I.f.i \ \^
Mr. J. J. WRIGHT moved to lay the resolution on the table, which
was not agreed to, and the resolution passed.
Messrs. J. N. HAYNE and J. K. JILLSON desired to be recorded as
having voting nay on the above resolution.
Mr. E. SMALLS moved to take up the unfinished business of yester-
day, which was not agreed to.
The PEESIDENT stated that he had received u communication from
the State Treasurer requesting information as to whether the amount of
S75,000, appropriated tinder the ordinance levying a tax to paj' the
expenses of the Convention, would be .^^ufntient for that purpose. The
PEESIDENT, after a careful review of the condition of the work before
the Convention, had to state that if it was the iptention of the Conven-
tion to carry it beyond the first of March, it would be necessary for the
body to direct the Finance Committee to draw up a new ordinance for
an additional tax upon the people of South Car6lina.
Mr. J. H. JENKS offered the following preamble and resolution, which
was referred to the Committee on Petitions :
WnEitEAS, we regard it the duty and true policy of the General Gov-
ernment to carefully husband, encourage and protect the agricultural
resources of the several States ; and whereas, the culture of rice forms
one of the principal resources of the State of South Carolina, therefore,
Reso/ccd, That we humbly petition Congress that they will take no
action looking toward the reduction or repeal of the present import duty
on rice, believing that any abatement of the present tariff will render
the culture of the staple unprofitable, thereby depriving the State of one
of its chief resources, and the inhabitants thereof of one of their princi-
pal sources of sustenance ; at the same time denying the country at large
a reasonable luxury which the inferior articles from foreign markets can-
not afford.
Mr/ N. G. PAEKEE offered the following jiesolution, which was
agreed to. ' ' '!''*^' '•';' /" ■'"■
Resolved. That no member shall speak upon any question but fifteen
minutes, and only once, unless by the unanimous consent of the Con-
vention.
The consideration of the report of the Committee on the Legislative
Part of the Constitution was resumed.
Section thirty-sixth, the concluding section, providing for the taxation
J
CONSTITUTIONAL CONVENTION. 511
tif all real and personal property, according to its actual value, to he
ascertained by assessment, was read and passed to its third reading.
Section third, in reference to the division of Charleston and Pickens
Districts, which had been recommiited, came up for a second reading.
Mr. L. S. LANGLEY. A liew days ago, when a motion was made
here to allow the County of Charleston two Senators, I objected to it,
and I voted against that measure, because I contended then, as I do
now, that it is unjust to the other counties of the State. The adoption
of the motion proposed by the delegate from Charleston has emboldened
that delegation to make new demands, which will give them a still
further preponderance in legislation over the other counties in the
State. I have no prejudices in this matter, but I consider myself
bound to protect the rights of my constituents, and to see that Beaufort
District has an equal representation in the State Senate with the County
of Charleston. As I understand this section; it will give what was
formerly known as Charleston district, including Berkley and Charles-
ton, five Senators, whereas the other counties have but one.
If we intend a division of the late districts, let us make a general
division of all, and not single out Charleston, or any other particular
district, for the purpose of benefiting one portion of the State at the
expense of the other. That is all the objection I have to this section,
and I hope it will be duly considered.
Mr. E. W. M. MACKEY. I cannot see any reason in the objections
urged by the gentleman from Beaufort against this section. It only
proposes to make three counties out of a large tract of territory which
was formerly known as the Judicial District of Charleston, but which
was divided into nine election districts and entitled to ten Senators. We
now propose to make only three election districts or counties in place of
the nine, and to these three counties only four Senators in place of the
ten, a reduction of six Senators. There certainly can be no reasonable
objection to this. The gentleman says we desired to grasp power and to
give an undue influence to Charleston. Now, these three counties will
be amongst the largest in the State. Charleston will contain nine thou-
sand voters, Berkley six thousand, and Edisto four thousand, and they
will also cover as much territory as any of the other counties. It would
certainly be very unjust to make only two counties . out of a section of
the State' containing nineteen thousand voters, when very few of the
other counties contain more than five thousand voters, and some of them
only two thousand voters. Moreover, to make the division into two
counties, as the gentleman from Beaufort desires, would be extremely
absurd. Charleston County would be in the middle of Berkley, and
51« FROCEEDIN^GS OF THE
half of Berkley would be on one side of Charleston, and the other half
on the other side. As the proposed division of the Judicial District of
Charleston, or rather I should say the consolidation of these nine elec-
tion districts into three counties, is nothing more than just and right, I
hope this section will pass, as it has been reported by the Committee.
Instead of showing a grasping disposition on the part of Charleston, it
evinces a disposition rather to be generous ; for instead of gaining any
representatives we are really loosing six Senators, and the gentleman
from Beaufort, before he makes any such charges, should be better in-
formed upon the subject under discussion, or else say nothing.
Mr. J. J. WEIGHT. This division of a district is a matter of vital
importance^ and should receive the grave and earnest consideration of
the Convention. We should not act blindly. The delegation from
Charleston, no doubt, understand this matter perfectly, and perhaps the
section, as it stands, is perfectly proper. But before recording my vote
T desire to be more fully informed, and I shall, therefore, make a motion
to postpone its consideration. I believe Charleston should have two
Senators. Prior to the war she had ten, but we must remember that
representation was based upon taxation, and not alone upon population.
We are not now sending men to the Senate upon a property representa-
tion or taxation, but upon population.
As the rest of the delegates, with myself, are somewhat ignorant on
this subject, and desire time to investigate it, so as to vote underatand-
ingly, I move that it be made the Special Order for to-morrow at 1
o'clock.
The motion was agreed to.
Mr. N. Q. PAEKER. I desire to correct a mistake in the resolution
offered by myself this morning, and agreed to limiting the members to
fifteen minutes' speech on any one question. It was my intention to
have it read twice instead of once, as it now appears. I move a recon-
sideration of the resolution.
Mr. A. J. EANSIEE. I would remind the gentleman that, if he
amends the resolution as proposed, it would simply be as the rules now
provide.
Mr B. F. EANDOLPH. I hope the motion to reconsider will pre-
vail. It would seem strange, and I think it unprecedented, in parlia-
mentary bodies, to gag themselves, which would be the effect of this
resolution, if allowed to stand as it is. We are here to deliberate, and
want all the light we can have thrown on the subject. I am, therefore,
opposed to any resolution cutting off debate. No such thing exists in
Congress, but great latitude is allowed there in debate.
CONSTITUTIONAL CONVENTION. 51 3
Mr. J. J. WEIGHT. I hope the resolution will not be considered. I
consider it just exactly what we want in this body. I believe most
■every member of this Convention, who has anything important to say
upon any subject, <?an say it in fifteen minutes. If allowed to stand as
it is, it will afford a better opportunity for more members to express
themselves upon questions coming before this body, and thus give us
more light- I am opposed to extending the time. If we want to facili-
tate business, let the resolution stand as it is.
Mr. S. A. S WAILS. I move to lay the motion to reconsider on the
table.
The motion was agreed to.
Mr. C. C. BO WEN offered the following resolutidn, which was referred
to the Committee on the Legislative Part of the Constitution ;
Resolved, That it shall be the duty of the first General Assembly con-
vened under this Constitution, at their first session, to ratify the amend-
ment to the Constitution of the United States, known as Article Four-
teen, proposed by the Thirty-ninth Congress.
The report of the Committee on the Executive Department of the
Constitution was taken up for a second reading.
Mr. J. J. WEIGHT. As this printed report has not been before us,
prior to the second reading, I am unprepared to consider it, and would
therefore enter my objection.
The PRESIDENT. In parliamentary usage the first reading is
simply for information. If, when presented, any question is made, or
the report laid on the table, or it is postponed, that, of course, would
place it out of the hands of the house.
Mr. L. S. LANGLEY. I move that the report of the Committee on
the Executive Part of the Constitution be read and considered its first
reading.
Mr. E. W. M. MACKEY moved a reconsideration of the first section,
which was agreed to.
The report was then taken up, and received its first reading.
Mr. E. W. M. MACKEY called for the second reading of the report of
the Committee on the Judiciary.
Section first was read a second time, and, on motion of Mr. BO WEN,
the provision for District Courts was stricken out. The section then
passed to its third reading.
Section second was read a second time.
Mr. C. C. BOWEN moved to strike out the words "three Judges,"
and amend so as to make the Supreme Court consist of " a Chief Jus-
514 PROCEKDINGS OF THE
tice and two associate Judges, to be so classified tha^ one of the Judges
shall go out of office every two years."
The amendment was agreed to, and section second passed to its third
reading.
Mr. L. S. LANGLEY. In view of the fact that nearly half the mem-
bers have no copy of tlie rfeport before them, I move a postponement of
the further consideration of the report.
The PRESIDENT stated that the Secretary had. delivered copies to
the members, and had none left. A postponement, therefore, would not
mend the matter, unless they ordered more printed.
Mr. E. W. M. MACKEY supported the motion to postpone, as he
believed a large majorily of the members were in, the same situation,
■ ivithout copies. *■'■
Mr. L. S. LANGLEY moved that it be postponed until Saturday next
at 1 o'clock.
Y Mr. E. W. M. MACKEY moved to amend by fixing the time after the
consideration of Ihe report of the Committee on Education.
Mr. J. J. WRIGHT moved that one hundred and fifty copies be
printed.
' Tne PRESIDENT stated that, as the Chairman of the Committee on
Education was absent, according to parliamentary courtesy, the couside-
.-•'ration of that report would be postponed.
bfu.^Mr. C. C. BOWEN. I hope we will proceed with the consideration of
the report on the Judiciary. If members had left their copies at home,
it was their own fault. A school boy would hardly dare go to school
with that plea in his mouth, and say he had left his books at home.
'""Mr, R.'G. DeLARGE moved to lay the motion to postpone on the
table, which was not agreed to.
Mr. CRAIG moved to adjourn for half an hour, to allow members to-
'• 'go home and get their papers.
The motion was not seconded.
Mr. WM. McKINLAY. I hope' the motioTi to postpone will prevail.
There is not a more important part of the Constitution than the Judicial
Department, and it is very evident members are not prepared to act upon
i<^ it. I think it important they should all have the report before them.
Mr. N. G. PARKER moved to lay the motion to print one hundred
and fifty copies on the table, which was not agreed to.
Mr. B. BYAS. I hope the motion to postpone the present considera-
tion of the Judiciary report will not prevail. I happened to know that
. one hundred and fifty copies of this report were printed, and duly dis-
/ tributed in the house. If the members have not taken care of their
CJONSTITUTIONAL CONVENTION. 515
oopies, it is their own fault. I have reason to believe that a number of
•copies have been sent in the country, and now it is asked to have one
hundred and fifty copies more printed. I regard this as an unnecessary
•expense, as they will, in all probability, be again distributed among the
friends of the members.
Various members here rose a second time to speak, and were decided
by the Chair, under the rule adopted, to be out of order.
The demand being made for the previous question, it was sustained.
The question was then taken on the motion to postpone, and print one
hundred additional copies, which was agreed to.
The report of the Committee on the Miscellaneous part of the Consti-
tution was then taken up, and sections one, two, three and five passed
to a second reading.
Mr. E. W. M. MACKEY. I move to strike out the sixth section.
The motion was agreed to.
Sections seven, eight and nine, were read a first time.
Mr. L. S. LANGLEY. I move to strike out the tenth section.
Mr. L. S. LANGLEY afterwards withdrew the motion.
Section ten was passed to a second reading.
Mr. E. W. M. MACKEY. I move to strike out the eleventh section,
as there is an almost identical section in the report of the Committee on
the Legislative Department.
Section twelve was passed to a second reading.
Mr. D. H. CHAMBEELAIN. I move that section thirteen be stricken
out. At the capital of all or nearly all the States there is a Bureau of
-Statistics, and they are regarded of great importance. At that Bureau
may be obtained information concerning the population, etc., of the Dis-
tricts, Parishes, Counties, etc., in the State. This does not require the
Legislature to establish it. It is put in the subjunctive mood. It says
it may he established. It is left to the disposition of the Legislature.
The motion to strike out was agreed to.
The report of the Committee on Miscellaneous Provisions of the Con-
stitution, on Corporation, on Militia, and on Charitable Institutions,
were then severally taken up, and read a first time.
The report of the Committee on Finance and Taxation was taken up,
and read from section one to the eighteenth, inclusive.
On motion of Mr. N. G. PARKER, section nineteen was stricken out.
Mr. D. H. CHAMBERLAIN moved to reconsider the Special Order
made for consideration on Wednesday next, being the Ordinance re-
ported by the Committee on the Miscellaneous Provisions of the Consti-
66
516 PROCEEDINGS OP THE
tution, for the appointment of Commissioners to ascertain what obligation*
are binding on the State.
The motion was agreed to, and the Ordinance taken up for considera-
tion.
Mr. B. 0. DUNCA.N. This motion, as it now stands, it seems to me
will be somewhat objectionable. It is not our intention to repudiate any
State debts. This measure proposes to stop the payment of all debts,
or interest on a debt contracted prior to the t^Oth of April, 1865. I
would propose, as an amendment, to say between the 19th of Deeember,
1860, and the t^Oth of April, 1865.
■ Mr. C. C. BOWEN. I do not think this is the business of this body
or of the Legislature. Under thut portion of the Constitution already
adopted, if a party has claims against another in this State he can go
into the United States ("Courts, and once there it is the province of the
Judge to decide whether he is rightfully there or not. Unless it is pro-
posed to inaugurate some system by which the obligation of contracts
arn impaired, wo had better let this thing alone. I know of no authority
hy which the Legislature of any State can appoint Commissioners to say
whether one claim is valid or another not. They have no authority for
anything of the kind. It is a question exclusively for the Courts of the
State. The Convention has no right to entertain this motion. Some
say claims may be introduced for Confederate money ; but suppose the
parties appointed as Commissioners say that debts contracted when Con-
federate money was used were not valid, would not that be impairing
tho obligation of contracts?
Mr. B. F. E.\ND0LPB:. If tho State itself were a party to borrow
money for the pi,irpo-e of carrying on the war, would you have that
transaction investigated V)y any county or district of the State? Would
3t notbe the duty of the Ijegislature to do it?
Mr. ( '. C. BOAYEN. .1 suppose the Legislature will make all neces-
sary laws in regard to iiny money borrowed in aid of the rebellion.
'VYhet.her thoy c1..- or not, there is an'' amendment to the Constitution of
tl^i tTjiited Slates that hns to be adopted before those States go back
into the Union, and that once' adopted, it settles the whole question. In
other words, money borrowed in aid of the rebellion cannot be made a
• valid debt. It is perfectly useless to go on with legislation that amounts
to nothing in the end. I was in favor of accepting certain debts, but
the Convention did not see fit to touch that section of the Bill of Rights,
and as it stands I know of no authority by which the Legislature can
, appoint Commigsioners lo inquire into the validity of these contracts. It
CONSTITUTIONAL CONVENTION SlY
is a question solely for the Courts, and no other tribunal can exercise
that authority.
Mr. J. S. CEAIG. As I understand it, the Commissioners appointed
under this ordinance are simply to determine and report what contracts
were entered into by the State for the purpose of carrying on the war.
I do not see the force of the objections made to such a measure as that.
Mr. W. J. WHIPPEE. It seems to me that the Legislature would
have the right to do all that this ordinance contemplates. The gentle-
man from Charleston states that he knows of no authority but the
Courts to inquire into the validity of these debts. The Legislature
would be compelled to refuse payment of any debts contracted in aid of
the rebellion. The 14th amendment to the Constitution of the United
States provides that this class of debts shall not be paid. This oi'dinance
proposes to appoint a certain Board of Commissioners to ascertain what
portion of the debts of the State belong to that class. I remember
reading in the proceedings of the Convention of 1865, that Andrew
Johnson requested the Convention to repudiate the rebel debt incurred
by the State. Governor Perry replied that the rebel debt was so mixed
up with other debts that it was almost impossible to separate them.
This makes the ordinance more necessary.
Mr. E. G. HOLMES. I hope the ordinance will pass as it is. I am
not prepared to discuss the proposition, but we certainly need it. In
looking over the proceedings of the Legislature of 1865, we find a large
amount of appropriations made for Confederate purposes ; among the
rest one thousand dollars for removing marble froni the State House,
one thousand dollars for removing a few marble monuments, and a great
many other things, all of which need investigation.
Mr. B. F. EANDOLPH. It is known to everybody acquainted with
the financial condition of the State that it is bad. These Commissioners
called for by the ordinance, are to investigate and see that the State is
held responsible for no debt incurred for carrying on the rebellion. I
have been informed that there are certain obligations now existing, cer-
tain bonds in England, which were held against the State, and that
certain parties have compounded to pay that debt. A great many things
of that character need investigation. This ordinance merely does not
authorize the Legislature to investigate financially the condition of the
State, and see all its honest debts paid. I am also informed that the
State did borrow money from other States just before the breaking out
of the war, for the purpose of carrying on the rebellion. That is a matter
to be investigated. I hope, therefore, this ordinance will be passed, and
518 PROCEEDINGS OF THE
the Legislature authx)rized to appoint ai Board of Commissioners tc>
investigate all these matters.
Mr. B. BYAS. I certainly concur in all the gentleman has said as to
the necessity of an investigation. No matter how small any debt created
in aid of the rebellion may be, it should not be paid by the State. We
cannot do it with a consistent regard to principle, or the present condi-
tion of our State Treasury. I hope the ordinance will pass.
The question was tfeen taken and the ordinance |>as8ed as follows :
Be it ordainid, That it shall be the duty of the Legislature at its first
session to appoint Commissioners to investigate and ascertain what obli-
gations of the State are entitled to be held as valid and binding upon
the State, in conformity with the provisions of this Constitution and the
ordinances adopted by this Convention, and to report thereon to the
Legislature; and until the Legislature shall have ascertained the validity,
of such obligations, nO payment for either principal or interest shall be
made on any outstanding obligation created and incurred prior to the
29th day of April, 1865.
Mr. B. F. EANDOLPH moved to reconsider the action of the Conven-
tion on the report of the Committee on Petitions in regard to the l6aiii
of $30,000,000 by Congress to Southern Planters. Lost.
On motion of Mr. B. 0. DUNCAN, the Convexxtioti adjourned-
T H f :^ ^ Y - S E C O N D D A^ Y .
Friday, February ^1, 1808.
The Convention assembled at half- past 10 A. M., and was called lo
order by the PRESIDENT.
Prayer was offered by the Eev. 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 yesterday was read and approved.
Mr. C. P. LESLIE rose to a question of privilege, and asked that the
Reading Clerk, with the permission of the Convention, would read an
article contained in the Mercury attacking his character.
No objection being made, the article was read.
Mr. C. P. LESLIE said : Mr. President and Delegates to the Conven-
tion, under ordinary circumstances I should not have noticed the article
that has just been read by the Clerk of the house. The motive that
induced the editor to write the article at this time and under the circum-
stances of political affairs, has compelled me to notice it.
I have observed with pain and regret, that the editor of the Charles-
ton Mercury has seen ht, from time to time, to publish furious on-
slaughts upon every member of this body, and more particularly the
conservative members of this house. Just in proportion as the member
has displayed anything like conservative action, or advocated justice for
the unfortunate white people of this State, just in that proportion has
the Mercury endeavored to assail their private character and bring them
into ridicule or contempt. Conservative action in this body seems to be
a high crime and misdemeanor with our friend, the editor of the Mer-
cury, and woe be to the unfortunate wretch who shall dare to advocate
sympathy for the whole people, the people of its own color, the people
of its own race. A sympathetic word, an exhibition of kindly feeling
for their distress, is sure to bring down upon its victims the wrath and
vengeance of the Mercury. Why is all this ? Does the Mercury hate
or loathe the masses of the people in this State, the poor, the unfortu-
nate people of his own native State? If not, why does the Mercury
assail me, standing upon the floor of this house, appealing for the white
people in their distress ? If he would convince the Northern people that
he was sincerely conservative ; if he would convince the people of his
own State that he had their relief at heart, I submit the editor of the
Mercury takes a very queer way of showing it. Does my conservative
action militate against the people of the State ? Would the distress of
^20 PEOCEEDnS'GS OF THE"
the people of this State, by unkindly action on my part be aidecT or as-
sisted ? I think not.
T think I understand the motive of the editoi' of the- Mereury. '^' This
Convention," to use the language which the editor is reported to have
itsed, explain's in a -vvord the secret of his wrath : " Thie Convention,''^
said the editor, "is too damned conservative."
Mr. D. H. CHAMBEHLAIN called the gentleman to order. He said
the article was merely a matter for personal explanation so far as it
abuses his personal character, but the substance o-f the gentleman's
remarks appeared to be more of the character of a defence O'f his politi-
cal course.
The PBESIDENT stated that questions of privilege were always, in
parliamentary bodies, allowed great latitude and courtesy. It appeared
to the Chair that the member having risen for the purpose of defending
himself from the attack of a licentious paper published in this city, it
was for the house to decide whether they should limit the time to be
taken by the member.
Mr. L. S. LANGLEY objected, on the score of eeonamy of time, to
the member proceeding any further. The gentleman rose to defend hiss
personal character, and he was speaking of his political character.
■ The question being put, the bouse allowed the member to proceed.
" yi.T. C. F. LESLIE continued, saying he would go back to where he
was interrupted. The editor of the Mercury is reported to have said,,
" this Convention is too conservative." Consistent Mercury I thy con-
sistency is a rotten stone that falls to pieces the moment it is touched.
I ain aware that any explanations I may make upon the floor of this
house, in regard to what I know to be a libellous article, is only an ex-
planation made once. The editor always has the last say. He always,
has the opportunity to write and publish the last word. Ptobably this-
is the last time that I shall trouble the attention of the house with any
comment upon the conduct of the Mercury. I only desire to say now
that this article is false from beginning to end. There is not, either as a
whole or in part, one particle of truth in it.
1 know it is within the power of a newspaper, within the power of a
cunning reporter, a fruitful man, to assail any man now living upon the
earth. I have yet to see the man who cannot by k play upon words be
brought into ridicule and contempt. But there is another body — there
is the people, who will judge of the article and determine for themselves
whether the article itself, when so cunningly written, is not a charge,
not an offence ; is in no respect a calumny, or in any respect tends to dis-
grace he party he seeks to write about.
CSOKSTTTUTIONAL CONVENTION. 5^1
I 'Will say, in the beginning, that I do not find fault with the style in
which the reporter prepares hia articles. Certain subjects in all news-
papers are commonly treated in about the same vein. For instance, the
Mercury says,- " C. P. LESLIE (white) hails from Brooklyn, New York,
and claims to have once represented that city as Senator m the New
York Legislature." He desires to have the world understand that I am
a braggadocio, that with great pomp and full of boasting, I have gone
up and down the earth, riding up and down on top of wind and wave,
proclaiming everywhere that I was a member of the State Senate from
Brooklyn, New York. This is a style peculiar to reporters, I cannot
correct his style of writing, but we see in that style of writing, if it be
untrue, a disposition to do all he can within his power to bring him into
contempt.
It is not true I was ever a member of the Senate of the New York
State Legislature ; but were I such a member, it is the last confession to
any public body that I would ever deliberately make.
I was once, it is true, a member of the lower House of the New York
Legit^lature, but I have taken a great deal of pains, never even to reveal
the fact to any one here. The astute cunning reporter of the Mercury
never discovered that fact by my proclaiming it on the housetops.
The speaker again quoted from the Mercury : " While in business
there he came to Charleston, bought nearly a thousand dollars worth of
goods from one of our principal wholesale and jobbing dry goods houses,
for which he gave a draft on a prominent factor. The draft was pre-
sented and acceptance refused, on the ground of no funds being placed
in his hands to meet it."
I am aware that, in the judgment of the law, it is not illegal to have
bought a thousand dollars worth of goods, nor to have given a draft in
payment upon a respectable factor of the city of Charleston, and that
the factor of the city of Charleston refused to accept it. That is merely
an every day transaction. I hold it to be a moral offence for a man to
purchase one thousand dollars worth of goods upon the faith or repre-
sentation that he has in the hands of a factor some money upon which
his draft will be honored, and knows when he purchases the goods that
he has no money with the factor, and knows also the draft will not be
honored.
I desire to tell the truth about it. It is true I kept a store at Ninety-
Six. It is true I came to Charleston with over $10,000 and bought large
quantities of goods. It is true, as a rule, I bought my goods against
rough rice and cotton, consigned by me to the city.
It is true I did not buy $1,000 worth of goods against rough rice and
522 ;PRO(JEEDINGS OF THE
cotton, but it IS true I bought, of Marshall, Burge & Co., about $275
worth. Our friend of the Mercury has only multiplied it four times. I
gave a draft upon a respectable factor of this city. I believe him to be
a gentleman, and out of respect and kindness to him I will not present
his name, although the Mercury would nearly compel me to do so. Well,
the goods were bought. The factor says to the merchant, I know Mr.
Leslie, and if he says the rough rice will arrive, you may depend upon
it, and when it arrives I will sell it and pay you, provided the bill does
not exceed $300. The rough rice did arrive, the factor sold it ; but did
the factor keep his word ? What became of the factor ?
I will simply say that the poor unfortunate man became overwhelmed
in business. He was a man of high honor, of high social position, a South
Carolinian by birth. He became overwhelmed by financial embarrass-
ments and he failed, owing a very large sum of money. His word was
not kept, his obligation and his bond was not kept, and the result was
that Marshall, Burge & Co. lost, but they had no one to complain of ex-
cept the respectable factor, a citizen of South Carolina. They certainly
cannot charge fraud upon me for that which I was not responsible for.
The factor agreed to pay the claim, but never did it, though he received
the consignment of rice made by myself and sold it. Had the Mercury,
in its wrath, geen fit to charge upon the factor, who is a native to the
manor born, dishonesty in that he did not keep his solemn word to Mar-
shall, Burge & Co., it perhaps would have had some foundation for the
charge. I certainly kept my word in all respects.
The Mercury says the Sheriff got after me. When I closed my
accounts of the store I kept, I had, as the net result of my operations,
$10,000 in property, which consisted of cash, corn, bacon and goods. I
embarked in a plantation with my all. After I had been planting three
months, carrying on the most extensive planting operations in Barnwell
District, by the unfortunate position in which the factor had placed me,
not only in the account with Marshall, Burge & Co., but with others, I
was unable to make immediate settlement of all the claims against me.
None questioned my desire to settle ; but the merciless creditor said,
Leslie, I don't care how hard you struggle to get through, I don't care
if you work yourself to death to try to make a crop to repay your invest-
ments, I must, have fortl^with and immediately my pound of flesh. He
knew I could i;ot pay it, bu.t ^mowing there was such a law in South
Carolina as infiprisonment for debt, he proceeded to bring a writ against
me for the debt. I did not de8ii:e to publish to the world the exact posi-
tion I T^as placed in. I did not desire to parade in print what I regarded
as a fact, that there was no sort of justice for a Northern man in South-
CONSTITUTIONAL CONVENTION. 523
Oarolina ; I would have avoided such an allegation. It had been charged
by the papers of the South that any story that went to the North and
published by the Northern press of ill treatment of Northern men here,
was unfounded and untrue. I know in my own heart how they treated
me ; what protection I received from the civil law of South Carolina.
In the month of March, when I was upon my plantation, had robbed
no one, stolen from no one, had committed no offence against the country,
when the Courts were open and prepared to try any offence, if I had
committed any ; in the month of March, when the wind had dried every
thing upon the plantation, when everything is like lightwood, a South
Carolinian put fire in my broom-sedge, and on four separate occasions I
had in the day time the whole of my fences on fire, defying all the
power I had on the plantation to put it out.
It is unnecessary for me to describe the intensity or rapidity of its
burning. All that is simply necessary for me to do is to say that the
demon of fire was applied to the property of a man who had not inter-
fered with them, but was trying to make a crop to replace the money he
invested, and to pay his creditors and his laborers.
Such I claim was notoriously done because I allowed the sunlight of
heaven to shine upon me the other side of Mason and Dixon's line.
While the fire was on one side, while it was consuming my property, four
fiends and ruffians, armed with revolvers, each of them citizens of South
Carolina, rode upon my plantation in the open day time, and wanted to
know where Leslie was. The proof is recorded in the Provost Marshal's
office. They said they had come there to kill him, and that they meant
to do it. They said that there was a clan of them, like unto Morgan's
brigade, and it was a lucky thing for Leslie that he was not there.
They swore that no Yankee should make a crop in Barnwell District ; that
if I did not leave there, they would hang and lay around me until they
had killed me.
Let us see what these same men did. They went to the barn, took
therefrom a saddle horse, that I used for my own riding, and one for
which, I can tell the Mercury, I paid three hundred dollars, and they
carried him away. My trunk was robbed of even the last shirt I had.
I do not suppose they knew much about mathematics, but in my trunk
they discovered my mathematiaal instruments and they took them.
They even took my very socks. They took the last thing I had, every
thing they could lay their hands on, and then went towards Aiken,
passed it, and then went towards Edgefield.
If the same men had found me, they would have murdered me. They
took even all the colored people possessed, some of whom happened to
67
524 PROCEEDINGS OF THE
be riding in a wagon from Edgefield to Aiken. They took them, tied
them to a tree, cut off their ears and did other things which modesty
forbids me to mention. That was their character. That was the way I
was treated. I would rather these things had slept.
In this condition of things, with the fire on one side, the ruffians on
the other, and the Sheriff in the rear with a writ against me, and with a
certainty that that would have sent me to jail, I ask you what any sensi-
ble man would have done. I simply took to the swamp. I did not want
to leave the State, and the truth is I went to the swamp. There I cleared
a little place of about half an acre of ground. I turned my plantation
over to the foreman. I afterward returned in the night time, made an
appointment with a certain man, and sold out my plantation, taking a
note of $1900, and that was the last I had left of my $10,000 dollars. That
note is the one to which I had occasion to allude in appealing in behalf
of the white people of the State for homesteads. That note was three
times greater in amount than any debt I owed in the State of South
Carolina. That note was made payable at the Firft National Bank in
Charleston, on the 18th of October last. That note was protested for
non-payment, and from that day to this I have not received one dollar,
or one cent of that money.
He says I had the Sheriff after me, and he implies that I had commit-
ted some great offence, which was simply that I owed somebody a little
money. He says the detectives of Brooklyn were put upon my track.
If the detectives in Brooklyn do not know me, or where I am, it is be-
cause I committed no crime. I have only further to make an emphatic
denial of the rest of the article. If any one was ever after me they
knew where I was. The truth is, they did not mean to charge me with
any offence, but the creditor has taken this cowardly mode of attacking
me on account of that debt.
The Government of the United States was perfectly advised of my
situation, and knowing well my misfortune, the Treasurer of the United
States gave me a commission as Inspector of Internal Revenue. A
more important office can scarcely be found in any department of the
Government. It was my business and my duty to see that the Govern-
ment was not cheated or defrauded out of money. I say, if the Treas-
urer of the United States, who knew me when he appointed me, knew
my character, and saw fit to give me a commission, it is a complete refu-
tation to these slanders and all the inuendoes of the editor of the
Mercury. The balance of the report is not worthy of any special notice.
I know who furnished the Mercury with the information. It was one of
the same men who had his writ out to put me in jail, because he knew
CONSTITUTIONAL CONVENTION. 52.5
the feeling existing in Barnwell against Yankees, and knew there was
not an old citizen there who would dare risk his reputation by going my
bail. But, notwiths anding the attacks upon me, I am willing to forget
the past, and work for the interest of the poor men of South Carolina, be
they white or colored, against merciless and unrelenting creditors, one of
whom has been instrumental in raising this attack upon me.
The PRESIDENT announced the first unfinished business before the
Convention to be the consideration and second reading of the report of
the Committee on the Executive Part of the Constitution. The report
was taken up.
Section first was read, as follows ;
Section 1. The supreme executive authority of this State shall be
vested in a Chief Magistrate, who shall be styled "The Governor of the
State of South Carolina," and whose title shall be " His Excellency."
On motion of Mr. E. W. M. MACKEY, the first section was amended
by striking out the words " His Excellency," recommended by the Com-
mittee as the title to be given to the Governor. The first section then
passed to its third reading.
Section second was read, as follows;
Section 2. The Governor shall be elected by the electors duly quali-
fied to vote for members of the House of Representatives, and shall hold
his office for one year, and until his successor shall be chosen and quali-
fied, and shall be re-eligible.
Mr. L. B. JOHNSON moved to amend by striking out the word
"one" in third line, and insert the word "two."
Mr. C. M. WILDER moved to substitute the word " one " with the
word "four," which was not agreed to.
The amendment of Mr. L. B. JOHNSON was then put and carried,
and the Section, so amended, passed to a third reading.
Section third was read, as follows :
Section 3. No person shall be eligible to the office of Governor who
does not profess a belief in the existence of the Supreme Being, and
unless he hath attained the age of thirty years, and hath been a citizen
and resident of this State for the four years next preceding the day of
election. And no person shall hold the office of Governor and any other
ofiice or commission, civil or military (except in the militia) under this
State, or any of them, or any other power, at one and the same time.
Mr. E: W. M. MACKEY moved to amend by striking out the words,
" who does not profess a belief in the existence of a Supreme Being."
386 PKOCEEDINGS OF THE
He did not think it necessary to question a man's religious belief, in
order to make him eligible to the office of Governor.
Mr. S. A. SWAILS moved to strike out the word " four " in the fourth
line, and insert "two."
Mr. J. K. JILLSON moved to substitute the word " hath *' with
" has " in the third line.
Mr. N. G. PARKER moved to substitute the words " unless he "'
with the word "not" in second line.
Mr. B. F. RANDOLPH. I regret very much that a motion has been
made to strike out the word "Supreme Being." I cannot conceive what
can be the motive of the gentleman in making such a motion. He inti-
mated that by incorporating this into the Constitution it would appear
as if we were disposed to be Puritanical, or calling in question some
religious belief. That is not the case. I believe we are a Christian
people. We all, as a people, believe in the existence of a Supreme
Being. Does that gentleman know that any people who do not believe
in the existence of a Supreme Being have no organized government?
Mr. B. 0. DUNCAN. I would Hke to ask the gentleman if he
knows of any people who do not acknowledge the existence of a Supreme
Being ?
Mr. B. F. RANDOLPH. I believe missionaries have said there is a
people of that character somewhere near the jumping off place. They
have said that this people, above all the people on the earth, are sunk in
the deepest depths of degradation. A man who does not believe in the
existence of a Supreme Being does not feel any obligations, and his oath
is not worth the drippings of a straw.
Mr. R. C. DeLARGE. I desire to know who is to decide for that
person what that Supreme Being is. For instance, an infidel may
believe his idol a Supreme Being.
Mr. B. F. RANDOLPH. I do not know of any infidel who believes
in idols. I have never heard of an idol being a Supreme Being.
Heathens acknowledge their idols as being representatives of a Supreme
Being. I hope the amendment will not prevail. It would seem strange
to me if we, as an enlightened people, in the hey-day of the nineteenth
century, were to take such a gigantic step backward as to elect a man to
be Governor of the State who does not believe in a Supreme Being.
We do not say the Governor must be a Methodist, a Presbyterian, an
Episcopalian, or a Catholic. We only ask him to believe in a Supreme
Being, to whom he is under obligations, and by whonp. he will be held
accountable as a moral being. iBii k'. >-. w:^. ito-rrt to/' •- .
Pending these amendments, the hour for the consideration of the
(
CONSTITUTIONAL CONVENTION. 52"}
Special Order arrived, whicli was section third of the report of the
Committee ou the Legislative Provisions of the Constitution.
Mr, W. J. WHIPPER moved that the Special Order be discharged.
Mr. R. 0. DeLARGE. I trust that the delegates will not forget what
is due to a portion of their brother delegates, as to attempt to do them
an injustice by killing off an important measure with such a motion. It
was the boast of the opposition, composed almost entirely of the delega-
tion of which the mover and seconder of that motion are members, on
yesterday, that they did not desire, neither did they intend, that the
friends of this measure should have an opportunity of adv^ocating its
claims.
Mr. W. J. WHIPPER. The gentleman has stated what he knows to
be false.
Mr. R. C. DkLARGE. I trust the house will excuse the gentleman
for using such a remark ; he is noted for them. This question is one of
very grave importance. It affects the interests and the rights of over
eighteen thousand voters; and I think their representatives upon the
floor, the members of the respective delegations of Berkley and Charles-
ton, should have an opportunity of laying before this Convention the
claims uf their constituents. I trust no one is afraid uf having this
question argued We ask no favors in behalf of our constituents, but
desire simply to present our claims for what we believe we are entitled.
The great objection urged to this measure yesterday was that it would
give Charleston a greater amount of influence than she deserved. It can
hardly be necessary to answer that argument. The delegations from
Charleston and Berkley have shown the greatest degree of liberality in
voting for every measure proposed by any of the other delegations that
would advance their interests. I feel that we have a right to demand
that they should do the same by us. When the question on the division
of Pickens District came up, we voted boldly in its favor. We did it,
believing it would be just to the people of that District, and promott
their welfare. I trust, then, the motion will be voted down.
Mr. D. H. CHAMBERLAIN. I am much surprised at the source
from which the motion to discharge the Special Order has come. It was
with reference to the feelings of the delegation from Beaufoi-t that we
forebore to press this question to a final vote yesterday, and it was on
the motion of a gentleman from Beaufort that it was postponed to allow
further consideration of the subject. It is important, however, that we
should come to a square vote upon the matter, and that we discuss it in
a spirit of comity and kindness.
Mr. W. J. McKINLAY. I hope the motion to discharge the Special
.528 PROCEEDINGS OF THE
Order will not px>jvail. It is certainly due to the Committee who reported
that the subject should be fully considered, so that its merits may be
properly understood.
The question then being on the motion to discharge the Special Order,
it was decided in the negative.
Mr. A. C. RICHMOND. I wish to address myself to the judgment
of this Convention for a moment. Look at the counties as they stood
when this body assembled. Pickens was anxious to be divided. Her
claim was considered, granted, and Pickens was divided into two coun-
ties. This was for the benefit of the up country. Now, the city of
Charleston is the commercial metropolis of the State — the centre of its
Railroads and enterprise. If it was deemed important to the interests
of the upper portion of the State that one of the districts should be,
by division, entitled to two Senators, how much more important is it to
this wealthy and largely populated locality, that it likewise shall be enti-
tled to additional representation. For instance, the County of Berkley
extends one hundred and filty miles around the coast. Commencing at
the lower Edisto, reaching to the mouth of the Santee River, and em-
bracing ten or twelve parishes. Is there any reason why this district,
having more registered voters tlian any other, should not be divided ?
None that I can conceive of certainly ; and, therefore, as a matter of good
feeling, of reciprocation, of justice to the population, and to the interest
involved, I do hope that the delegates from the up country will unite in
securing an object so eminently desirable.
Mr. J. S. CRAIG. I am in favor of doing justice to every district in
the State. This section has been very cunningly drawn, and I presume
it is not understood by the majority of the delegates from the rural dis-
tricts. While I am willing that Charleston shall have her share of rep-
resentatives, I desire that other localities may not be entirely ignored.
When this subject was under consideration before, I offered an amend-
ment giving representation to Charleston in proportion to her popu-
lation. But Charleston is not satisfied with this. She seems to think
that she is the State of South Carolina, and if this belief is encouraged
by allowing her to fix this matter to suit herself, there will not be many
districts in the State to be divided hereafter, because she will have a
controlling power in the Senate. If we are going into a general division
of counties let us do so on an equitable basis. But if you propose to divide
Berkley alone, which it may be said is a part of Charleston, we cannot
afford to allow the excess of power which she will thereby necessarily
possess in the Senate over and above that of any other district in the
State.
J
CONSTITUTIONAL CONVENTION. 32»
Mr. B. BYAS. I feel some diffidence in speaking upon this question,
because I am from the district in question, Berklej-. The gentleman
from Colleton is mistaken in the supposition that Charleston will be
benefited by the division of Berkley. That district includes some nine
parishes, which formerly were in the district of Charleston, and it is
entitled by every consideration to a large and pro]^ ortionate representa-
tion. When the question is made with reference to Beaufort, I shall be
prepared to fight on the same line, and as a simple matter of justice, vote
for its division, and representation by two Senators.
Mr. R. B. ELLIOTT moved to amend the tenth line by striking out
*' three " and inserting " two."
Also to amend so as to make the section read :
" The County of Berkley, to be composed of the late Parishes of St.
Thomas and St. Dennis, St. James' Santee, St. Stephen's, St. John's
Berkley, Christ Church and St. James' Goose Creek, St. Andrew's, St.
John's Colleton."
In the fourteenth line, after the words " and these," the word " three "
be stricken out, and the word " two " be inserted.
Mr. ELLIOTT said. I ofl'er these amendments because I beheve the
Co'mmittee were instructed to give Charleston what she asked for ; but,
somehow, like Oliver Twist, they always cry for "more." I deprecate
everything that looks like sectional interest. I do not like to see the
upper and lower sections of the State arrayed against each other. We
are here to legislate for the general welfare of the people of South Caro-
lina, and I believe in dispensing justice to every portion of the State,
and not in taking from one portion for the purpose of strengthening
another, at the expense of the people.
The interests of Edisto and Charleston are identical, and there is no
reason why, if Berkley is divided, we should not be entitled to our
share of representation. It is but a short time ago that those who now
favor a division of Berkley opposed legislation for the division of anj-
other district, the cry being that this was n ot the place to make these
changes ; but I contend that it is proper and legitimate for us in all cases,
where the area or the population justifies the change, to make the divi-
sion and allow the excess to be represented. It is for this reason that I
urged the other day the division of Edgefield into two districts, one of
which it can be shown would contain a larger population than the pro-
posed County of Edisto. I, therefore, hope the measure of the Commit-
tee will not be adopted, and that my amendment will prevail.
Mr. B. F. EANDOLPH moved as an amendment that all the Parishes
be designated as townships.
.530 PROCEEDINGS OF THE
Mr. W. J. WHIPPER. I hope the amendment will be voted down.
I am, willing- that Charleston shall have two Senators, but am not will-
ing they shall manufacture, as this section proposes, some two more,
which will be the case if Berkley, which formerly was a part of Charles-
ton, be divided in the manner suggested. To my mind it is not a real,
but pretended division, for the purpose of subserving political ends.
The question ■v^as then taken on the amendment of Mr. ELLIOTT,
and it was decided in the negative.
Mr. N. G. PARKER moved to amend in the sixteenth line by striking
out the words " two thirds of both Houses."
He said : I am in favor of the adoption of this section, if it be amended
in the manner I have proposed. I favored the division of Pickens Dis-
trict, and have not for one moment regretted that I did so I favored
the division of the district I have the honor to represent, and there are
good reasons why that district should be divided. We are told that
petitions will come here from other districts ; and for one, I wish we
had time to attend them, and accede to their requests, if they be reason-
able. I believe the districts in the State are all too large. Their sepa-
ration wauld undoubtedly promote their prosperity. For these reasons,
I hope the section will be so amended as that the Legislature may, by a
bare majority, divide any district which so desires.
Mr. 8. A. S WAILS. By passing this measure we do for Berkley
what we would do for Colleton, or Charleston, and what we would like
to do for all the up country. It will promote civilization and education
in this State to divide it into small counties. It will tend to the estab-
lishment of Courts of Record, to the multiplication of law offices, news-
papers, aild all that is calculated to educate and civilize a country.
Mr. R. SMALLS called for the previous question.
The Chair decided that the call was sustained.
Mr. R. C DeLARGtE appealed from the decision of the Chair.
The appeal was sustained, and the decision of the Chair was reversed.
Mr. C. M. WILDER. I oppose any such springing of the question,
as has been brought upon us by the Charleston delegation. They first
proposed to divide Charleston, so as to allow this city two Senators.
Upon the heel of that action they bring in a proposition to give Berkley
two Senators. I do not blame the Charleston delegation, but I do blame
the representatives of the up country, if they aillow Charleston to have
four Senators.
We must recollect that when legislating power into the hands of
Charleston, we are legislating rights that do not belong to us, but to
those who sent us. It is generally understood that Charleston men cut
CONSTITUTIONAL CONVENTION. 531
their teeth before they are done sucking, and they intend, if they can,
to monopolize the power of the State. If they obtain it, they will say,
now divide your districts if you can ; we control the majority. Many a
man in this city has, no doubt, been promised office, and these offices
are to be created by the Senate ; and in less than four years, if they have
this power, they will have every office filled with Charleston men. They
do not propose to give Berkley a county seat, but to locate her jail and
court house in Charleston, and by means of their patronage they will be
enabled to control a very considerable portion of the up country. 1
appeal to the up country delegates to say whether they intend to sell
their rights for a " mess of potage."
Mr. C. C. BOWEN. I am glad to see Charleston men are held in
such high esteem, but amazed, however, to see delegates from other dis-
tricts rise up and attempt to judge of others, when, perhaps, they would
not like to be judged of themselves. The imputation has been cast
that this section has been devised solely for the purpose of giving
Charleston so much the more power to wield against other districts. No
such idea could ever have been entertained, and I ask if members from
the up country really do believe their fellow members from the low
country to be governed by any such mercenary motives. Is it believed
that Charleston delegates would be unjust, and deal unjustly by other
districts ? I was in hope that all this feeling of the up country against
the low country was swept away forever. This old charge has been
mooted in the legislative halls of South Carolina ever since it had any
existence. It has been continued up to this day. I find men coming
from different districts, whose only question is simply this : Do you sup-
pose the people of the up country are going to be ruled by the people
from the low country ? I find members coming from the sea-board
asking : Do you suppose the people of the coast are going to be ruled
by you of the up country ? I say such should not be, and is not the
feeling of the Charleston delegation. The proposition laid down by the
gentleman from Richland is not the proposition of the delegates from
Charleston. The question was asked the other day and settled. Two
Senators were asked for the County of Charleston, and it was granted.
This settled the question forever as far as Charleston was concerned ;
therefore, as regards immediate locality, Charleston has nothing to do in
this measure. It is asked for Berkley simply as a matter of justice.
They are entitled to it as a matter of right. In regard to the Court
House, I can answer that question. The last delegate upon the floor
stated that it was a trick of the Charleston delegation to create offices, and
complained that we had concentrated them all right here in Charleston.
68
532 PROCEEDINGS OF THE
The proposition in regard to tho Court House and Jail is simply this :
It was intended to keep the public buildings just as they were, to be
used by thi^ District of Berkley so long as they pleased. Provision was
7iiade by wliich the citizens applying might go to work, erect the neces-
sary public buildings, and sit down under their own vines and their own
fig trees. But care was taken in the drafting of the bill not to create
any unnecessary expense If they had provided in the bill for the im-
mediate erection uf a Court House on one of the islands, the election of
a Sheriff and other county officers, etc., and had provided for the same
thing over in the Santee country, then there would have been a hue and
cry against the expenses intended to be put upon the State.
In this section as it stood at first, the word county had been used,
and it was impossible to remove it. If the word county could have
been erased, and the words "election districts" substituted, then the
words ''election districts" would have appeared instead of county.
Edisto and Berkley constitute one election district.
Ic was proposed to let the people from the islands have the privilege
of the public bu'ldings in Charleston so long as they saw fit to bring
their business here. The proposition was simply laid down as a matter
of convenience to the people to allow them the use of the public build-
ings in the City ol Chsjrleston, until such time as new buildings were
erected. The Committee took a small piece of territory, and proposed
to call that the County of Charleston. They proposed that the balance
of territory '>utside of that should constitute the County of Berkley.
If this division is made as we propose, it will save a number of islands
by taking them into Edisto District. That proposition in this section
was made from the fact, and I wish it rung in the ears of the dele-
gate from Colleton, that five hundred citizens of Colleton have not had
their names placed upon the registry book from the simple fact that they
knew not where to go. If the delegate from Colleton (Mr. CRAIG) had
been as zealous for them as he has been in opposing this measure, they
would have had a vote and had their rights. The proposition is now
to put them into a district where they will enjoy their privileges.
Mr. J. S. CEAIG. I wish to know if the gentleman desires to hold
me responsible.
Mr. C. C. BO WEN. I hold him or any other man responsible who
proposes to leave these people in the same identical position they were
at the time this thing happened. This proposition is to give that por-
tion of the people the same rights and privilges others have and nothing
more.
As regards the City of Charleston, I am satisfied. Two Senators have
CONSTITUTIONAL CONVENTION ,13S
been granted to this city. This proposition has nothing to do with it,
and I hope it will not be held up in this Convention to the dettiuient of
the people of Berkley District. I contend that the geographical line of
Berkley demands a division. 1 ask it for no other cause. I might have
some objection to the phraseology where it alludes to the late parishes.
In my opinion the State exists now just as it always existed ; you can
change the parishes to counties, but the same limits and the same boun-
daries exist that have always existed. It was observed the ocher day
that Charleston was entitled to ten Senators. All we ask for here is,
that Berkley District, having a larger amount of territory, and certainly
a larger population, should be divided according to its natural geographi-
cal line. Whether this Convention does it or not, the day is not far
distant when it will be done.
Mr. L. S. LANGLEY. I rise for the purpose of offering an amend -
ment, but before doing so, desire briefly to state my position.
A few days ago, when we were considering that portion of the Consti-
tution which fixes the basis of representation in the State Senate, it was
found it would be necessary to recognize, in the Constitution, the Ordi-
nances passed by this Convention, whereby the District of Pickens was
divided ; and, in order to do so, this subject was referred to the Commit-
tee which reported this section under consideration, for the purpose of
engrafting into the Constitution a clause recognizing the division of
Pickens District. That Committee was not instructed to say anything
about the division of Charleston Disti-ict; but observe the cunning. The
subject referred to them was the division of Pickens; but thej go to
work and report, in addition, a measure whereby Charleston will be di-
vided into three counties, and thereby be entitled to two more Senators.
The last speaker said it was a matter of indifference to Charleston
whether Berkley was divided or not; that Charleston already had got
what she wished. He says the clause which requires the Court House
of Berkley District to be in Charleston simply means until the other
counties choose to have their own Court Houses, and incur the expense of
building them. And he makes this statement, notwithstanding the
plain reading of the section, which says, "The Court House shall be in
Charleston." The gentleman from Charleston has said, "consistency
is a jewel." I agree with him, and I oppose this measure, because I
believe I have been consistent. I opposed the division of Pickens Dis-
trict. I opposed giving Charleston two Senators, because I thought it
doing injustice to the other counties of the State. I was opposed to this
Convention taking up this matter of the division of Districts, or going
into any other legislation than was necessary to frame a Constitution for
534 PROCEEDINGS OF THE
the civil government of the State. I hope this measure will he defeated.
The suhject was referred to that Committee simply for the purpose of
recognizing the division of a district, which has already been accom-
plished. It referred simply to what was known as Pickens District. I
move to strike out all after the word "Oconee" on the eighth line.
Mr. J. M. EUNION. I move to strike out all between the words
'*' Oconee " and " the ci'y of Charleston."
Mr. E. C. DeLAEGE. I move the is definite postponement of the
amendments.
The question being taken, the hou.se refused to postpone.
Mr. J. J. WEIGHT. I am somewhat surprised that this measure
should have been brought before this body. It really seems to me in-
consistent. I know the member on my right (Mr. BOWEN), in his re-
marks cited the old, but truthful, saying, " 0 consistency, thou art a
jewel." But, from the inconsistency of his speech, I cannot conceive
that he is a jewel. When this matter came up a few days ago, I was
willing Charleston should have more than one Senator. That measure
I advocated, but desired it shaped differently.
Mr. C. M. WILDEE Is it not now differently shaped from what you
expected the other day ?
Mr. E. C. DeLAEGE. I desire to ask whether the members from
Charleston are responsible for the shape in which it has been offered ?
Mr. J. J. WEKtHT. I think, from the manner in which they argue,
they are responsible for it. It is framed in a very intelligent and acute
manner. We have already adopted a section which gives one Senator
to each county, and two Senators to the city of Charleston. That, I
admit, is but simple justice. Prior to the war, when representation was
based upon taxation, as well as upon population, Charleston had ten
Senators, and Beaufort had four. Beaufort now will have but one, and
if this measure passes, Charleston will have four. That is injustice. I
do not charge the gentleman with being: unjust for bringing it up. I
make no such charges against any delegation. I do not appeal to the
up or to the low country, but I appeal to every delegate upon the floor
to express himself, by his vote, against this measure. Berkley and the
districts around Charleston may be divided, just as Beaufort or anj-
other district may be divided, by the Legislature, whenever the people
shall make application to that effect. I simply ask that this matter be
left as it is. The division of Pickens District has already been accom-
plished. I opposed that measure, because I believed we had simply to
frame a Constitution for our civil government. But because Pickens is
divided is no reason why we should go on with work that can be left to
h
CONSTITUTIONAL CONVENTION. 58.5
the Legislature. I also desire it to be understood, when it is said that
the Beaulort delegation are so much united against this measure, that
when I came upon the floor I knew not where my colleagues stood, and
I acted independently. I want it understood that upon all these mat-
ters we ha\e sufficient vim to act independently. My colleagues have
opposed me in more measures than one, and that i& sufficient to show
that we did not consult each other, but each took such positions as he
believed to be- consistent with the welfare and general good of the whole
people. One gentleman, on the opposite side, says we have representa-
tives in this body opposed to all measures introduced by the Charleston
delegation. That charge is entirely gratuitous and out of order. I ap-
peal to their sense of justice, and to the sense of every member of this
body, to vote down this measure. Let us make no further division of
districts. If the territory around Charleston was not sufiicient, that it
could not be divided as prescribed in the clause already adopted, then I
would be willing to vote Charleston more Senators. But some gentle-
men say, when Charleston is divided as heretofore, that there may be
Court Houses in the new counties. I know we would presume so; but
the manner in which this proposed section reads makes it very ques-
tionable. It says these three counties shall constitute one judicial dis-
trict, the Court House and jail of which shall be in the city of Charles-
ton. What benefit, then, are the people in the surrounding country to
derive by the divisii'U, with the Court House and jail in Charleston?
Why should not each county have their own Court House and juil. The
legal business should be transacted at the county seat, so that whenever
one man wants to sue another, or anything of the kind, it will not be
necessary for him to run to Charleston. Again, the proposition made in
this section goes on to provide that the Legislature shall have the power
at any time, by a vote of two-thirds, to organize new counties, and I
hope all these questions will be left to that body.
Mr. W. E. JOHNSTON. A great deal has been said upon this sub-
ject, and I was in hopes that the Charleston delegates, particularly, had
expended all their steam yesterday, but it appears I was mistaken.
Now, all we of the upper districts ask is fair play. We do not intend
to allow Charleston to overrule all we do, and in this matter we do in-
tend " to cry aloud and spare not." One of the Charleston members
has said this provision was only a provision of convenience, meaning, I
suppose, for the Charleston and Berkley delegates ; but we want to
cover all the delegates in the house ; we want every district fairly rep-
resented ; I have an abhorrence to any one-sided transaction. I am
compelled to say I believe this section was gotten up by Charleston dele-
536 PROCEEDINGS OF THE
gates, and the sclieme has been detected by myself and a great many
others. I move to strike out in the sixteenth line, between the word
"time" and "is," the words " by a vote of two- thirds," so that it shall
read " that the Legislature shall have t'je power at any time to organize
new counties," etc.
Mr. T. HUELEY. I believe I stand here independent on this ques-
tion. It has been asserted several times by members from other por-
tions of the State, that the delegates who reside in the City of Charles-
ton, representing rural districts, are actuated by no higher motive than
that of creating offices in order to hold them. I am always opposed to
monopolies, and am frank enough to say that in a time like the present
I acknowledge its force. But, although I reside in Charleston, repre-
senting Berkley, I deny that I am actuated by any other motive than
that of benefiting the whole people of this State. I believe with
others, that were there offices enough to fill, Charleston would have
men enough to fill them. I remember reading in the Scriptures an
account of the devil taking our Saviour up on the highest mountains,
and showing him all the kingdoms of the world, promising, if he would
fall down and worship him, they should be his. 1 am not one of those
who believe that our Charleston friends, if taken up in the mountains
by his Satanic majesty, and pointed out all the offices, would say, " get
thee behind me, Satan."
It has been said by other delegates that we will have the Court House
and jail in Charleston. That I desire to see stricken out. A petition is
now in the hands of Brevet Major General E. R. S. Canby, asking that
a jail be established in Bei'kley District ; also, a petition from Judge
Richardson asking an appropriation for a jail. Whether or not the
gentlemen selected to occupy the prominent position of Sheriff of that
district is proposed, I do not know. I hope the up country delegates
will vote this question down. I know there are young men in the
Charleston delegation who can afford to wait a few years. I am pre-
pared to vote, and, in order to close this debate, I move the previous
question.
The demand for the previous question was sustained, and a call of the
house ordered.
Mr. E. J. MOSES, Jr., moved that the Sergeant-at-Arms be directed to
bring in all absentees, which was agreed to.
The amendments of Messrs. ELLIOTT and LANGLEY were lost. The
amendments of Messrs. PARKER and RUNION were adopted.
The main question being put, the yeas and nays were ordered, and
resulted as follows :
CONSTITUTIONAL CONVENTION. 53Y
Yeas — Messrs. Allen, Alexander. Arnim, Becker, Burton, Brockenton,
Bryce, F. J. Cain, Camp, Coghlan, Chestnut, Clinton, Cooke, Collins, Cor-
ley, Craig, Crews, Darrington, Davis, Dill, Dogan, DrijSle, Edwards, Elliott,
Foster, Gentry, Goss, Harris, James N. Hayne^ Charles D. Hayne, H.
E Hayne, Henderson, Humbird, Hurley, Jacobs, Jillson, Samuel John-
son, W. B. Johnson, J. W. Johnson, L. B. Johnson, W. E. Johnston,
Joiner, Charles Jones, Lang, George Lee, Samuel Lee, Lomax, Mayer,
Mauldin, McDaniels, Mead, Middleton, Nance, Nelson, Neagle, Nuckles,
Owens, Randolph, Robertson, Rose, Runion, Sanders, Sat>portas, Shrews-
bury, Smalls, Swails, Thomas, A. Thompson, B. A. Thompson, S. B.
Thompson, Viney, Whittemore, Whipper, White, Williams, Charles M.
Wilder, VVingo, "Wright — 79. '
Nays — The President, Messrs. Bell, Bowen, Bonum, Byas, Chamber-
lain, DeLarge, Duncan, Gray, Holmes, Jervey, Leslie, E. W. M. Mackey,
W. J. McKinlay, W. McKinlay, Moses, Jr., Olsen, Parker, Pillsbury,
Rainey, Pansier, Richmond, Webb — 2o.
Absent — Messrs. Boozer, R. H. Cain, Cardozo, Dickson, Donaldson,
Hunter, Jackson, Jenks, H. Jones, Miller, Milford, Nash, Newell, Perry,
Rivers, Rutland, Stubbs, F. E. Wilder, Wooley— 19.
So the third section, as amended, was adopted.
The following gentlemen were appointed a Special Committee on Mr.
R. G. HOLMES' ordinance for the estabhshment of a board designated
as Commissioners of Public Lands :
Messrs. R. G. HOLMES, of Beaufort ; C. M. WILDER, of Richland;
J. L. NEAGLE, of York ; J. M. RUTLAND, of Fairfield ; JOSEPH H.
RAINEY, of Georgetown.
On motion, the Convention adjourned.
T II I It T Y - T IT I H D D A. Y .
$>»aturflay, February 23, 1868.
The Convention assembled at half-past ten A. M., and was called to
order by the PEESIDENT.
Prayer was offered by the Rev. DAVID HARRIS.
The roll was called, and a quorum answering to their names, the
PRESIDENT announced the Convention ready to proceed to business.
Mr. S. G. W. DILL offered the following :
Resolved, That in respect to the memory of the birth-day of the Father
of his Country, this Convention adjourn to half-past ten A. M., Monday.
Mr. B. F. RAlNDOLPH opposed the motion, and called for a division
of the house, which was taken, and resulted — yeas 38, nays 29.
Mr. B. F. RANDOLPH and Mr. A. BRYCE desired to have their
names recorded in the negative.
The PRESIDENT thereupon declared the Convention adjourned to
half-past ten, A. M., Monday.
THII^T Y-F OURTH DAY.
i^Ionday, February 24, 1868.
The Convention assembled at half-past 10 A. 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 Journals of Friday and Saturday were read and confirmed.
The PRESIDENT called for reports of Standing Committees.
Mr. B. F. RANDOLPH, Chairman, made a report of the Committee
Miscellaneous Provisions of the Constitution, and asked leave to submit
the following ordinance, introduced by Mr. JOSEPH CREWS, delegate
from Laurens. The Committee recommend that the ordinance do pass :
Whjiheas, during the late war between the two sections of the coun-
CONSTITUTIONAL CONVENTION. 539
try, resulting disastrously to the Southeru people, by which all classes
have suffered beyond reparation, therefore
Be it ordained, That equity and justice demand for the minor chil-
dren of this State, in all cases where the real estate was transferred,
either at public sale or otherwise, for Confederate securities or currency,
during the existence of the late rebellion, the said transfer, no matter by
whom made, shall be absolutely null and void, wherever based upon
such sureties, and the original owners or guardians may enter upon, and
take possession of, such real estate in behalf of such minor children, un-
less the same is paid in the currency of the United States.
Mr. W. E. JOHNSTON moved that it be printed, and made the Spe-
cial Order for Saturday, at one o'clock.
Mr. T. K. S.iSPORTAS moved that it be indefinitely postponed,
which was not agreed to.
Mr. G. LEE moved that the ordinance be made the Special Order for
two weeks from Saturday next, which was lost.
Mr. A. C. RICHMOND presented a petition for the arrest of the sen-
tence of death in the case of Ben. Hagen, colored, convicted of arson at
the recent sittings of the Court of General Sessions, and sentenced to be
executed in April next. The petition sets forth that the prisoner is of
unsound mind, and was induced by others to participate in the act, and
afterwards turned State's evidence, but was convicted as principal. The
petition concludes with a resolution that General Canby be requested to
arrest the execution of the sentence passed upon said prisoner, and that
the President of the Convention be requested to transmit this resolution
to the General commanding the District. Referred to the Committee on
Petitions, with instructions to report on Wednesday.
Mr. C. P. LESLIE presented the petition of sundry citizens of Barn-
well District, in relation to opening to navigation a creek in their
vicinity running to the Savannah river. Referred to the Committee on
Petitions.
Mr. B. E. RANDOLPH presented the petition of Thomas Owens,
praying the Convention to recommend the removal of his disabilities,
the petitioner having been convicted of felony, and was, therefore, un-
der the Reconstruction Act, disfranchised. The petitioner claims to have
been a loyalist during the war.
Mr. J. J. WRIGHT. Do we understand that this petitioner is dis-
franchised on account of felony. If such is the case, I hope the consid-
eration of the petition will be indefinitely postponed. It is not the pro-
vince of this body to ask relief from punishment for a person convicted
of felony or criminal offences.
Mr. B. E. RANDOLPH. I am not personally acquainted with Mr.
69
540 PROCEEDINGS OF THE
Owpns, biU he is rep7v>sented by other delegates here as a wcnthv man,
whom the Convention can safely reeommpnd to have his disabilities re-
.nioved. The petiti(ni is endorsed by gentlemen who can be relied on.
T hope, therefore, lut of respect, the petition will he referred to the
Committee on Petitions. I think we should not treat any matter, much
less a petition, with contempt, by dashing it upon the table without any
considei-atiou. I movfi that the petition be referred to the Committee on
Petitions.
Mr. T. J. EOBERTSON. Without knowing anything abjut the peti-
tioner I hope the petition will not be laid upon the table. The Legisla-
ture of 18G5, «ompo«ed in great part, if not ia ti>to, oi' the disloyal men
of Sjuth Carolina, enacted law.s which made the most trivial offence a
i'elouy, and the intent of those laws was to depiive every colored man of
their right of citizenship. If a colored man otruck a while man, all lie
had tu do was io go before an officer uf the law, and declare that the
colored man struck him with intent to kil], and that oflence, according
to the iaw of 1865, constituted a felony. I hope this m ttter will receive
its due consideration.
Mr. R. C. DeLARGE. My motion to lay the petition upon the table
was offered because I regarded it as an unusual movement for a delegate
to rise and present a petition for the removal of a person'- disabilities,
when the person applying had lieen convicted of felony, and no explana-
tion made by the delegate presenting the petiiion As reasons have been
given, however, I withdraw my motion, and hope the matter will be
referred to the Committee on Petitions.
Mr. Y. J. P. OWENS. I have the honor to represent Laurens Lis
trict, and am acquainted with tlie petitioner. He accidenially killed his
brother, was tried, convicted and imprisoned, and cunsequtntJy disfrnn-,
chised. ' He has worked faithfully for reconstruction, was loyal at the
outset and during the war.
The objections being withdrawn, the matter was referred to the Com-
mittee on Petitions.
Mr. E. W. M. MACKEY offered the following resolution, which was
adopted:
Rpso/ved, That a Special Committee of nine be appointed to draft an
ordinance prescribing the mode in which the (.Constitution shall be sub-
mitted to the people for ratification, and providing for the election of
State officers.
Mr. N. Gr. PARKER, Chairman of the Committee on Finance, pre-
sented the following substitute for the nineteenth section, of the report
of that Committee, which was read and ordered to be printed :
CONSTITUTIONAL CONVENTION. 54 1
iSkction 19. Suitable laws shall be passed by the Legislature for the
safe keepiu^, transfer and di:sbursement of the State, county aud school
funds ; and all officers and other persons charged with the sauip, ?hall
keep an accurate entry of each sum received, and of each payment and
transfer, and sliall give such security for the iaitldnl discharge of such
iluties as the Legislature may provide. And it shall be the duty of the
Legislature to pass laws making the embezzlement of such funds a
feh>ny, jHinishaide by a fine and imprisonment, propoitioned to the
amount of deficiency or embezzlemeuc, and the party • onvicted of such
felony shall be disqualified forever from holding any office of honor or
emolument in this State : Frovided, hoivever, that ihe Legislature, by a
two-thirds vote, mav remove the disability upon payment in full of the
principal and interest of the sum embezzled.
Mr. E. 0. DeLAEGE offered the following :
Resolved, That so much of the rule of this house as allox^s only fifteen
minutes to each speaker in the discussion of any subject, be amended
so as to allow thirty minutes.
The PEESIDENT decided the resolution out of order, as that ques-
tion had already been debated. A resolution on the subject was passed,
a motion to reconsider afterwards made, and a motion to lay the motion
to reconsider on the table carried. It could not, therefore, be taken up
again during this session.
Mr. E. C. DeLAEGE moved to suspend the rules of the Convention.
What he wished was to amend by allowing thirty minutes for any mem-
ber to speak upot any subject. The Judieiarj Bill was about to come
before them for their consideration, and it was impossible for any mem-
ber to speak as he wished upon the questions that would arise on this
subject in fifteen minutes.
The question being taken, the Convention refused to suspend the
rules.
Mr. H. E. HAYNE ofi^ered a resolution changing the hours of the
sittings of the Convention, so as to have a day and evening session.
Lost.
On motion of Mr. C. D. HAYNE, the Convention proceeded to take
up the unfinished business, which was the consideration of the third
section of the report of the Committee on the Executive Part of the Con-
stitution.
Mr. A. J. EANSIEE moved the following amendment : After the
word " Governor," to insert " unless he has attained the age of thirty
years, is a citizen of the United States, and has been a resident of this
State two years next preceding the day of election. And no person
i
542 PROCEEDINGS OF THE
shall hold the office of Governor, or any other office or commission (ex-
cept in the militia) in this State, under the United States, or either of
them, or under any other power, at one and the same time."
Mr. E. C. DeLAEGtE moved to amend by striking out "thirty" and
inserting '' twenty-five," as the age at which a person may be eligible to
the office of Governor.
Mr. GEORGE LEE moved to strike out the word "four," and insert
the word " two."
Mr. E. G. HOLMES moved to amend by making ehgible to the office
of Governor, any person who is a citizen " from tha time of the adop-
tion of this Constitution." \
Mr. B. BYAS moved to amend by striking out "twenty- five" and
inserting "twenty-one."
Mr. E. B. ELLIOTT moved to indefinitely postpone the amendment,
which was agreed to.
Mr. D. H. OHAMBEELAIN moved to amend by substituting the
following :
"No person shall be eligible to the office of Governor who is not a
qualified elector of the State, and who, at the time of the election, has
not attained the age of thirty years, and a resident of the State for two
years next preceding the day ol election.
Mr. J. L. NEAGLE moved the indefinite postponement of all the
amendments.
Mr. E. C. DkLAEGE. This is a species of dumb eloquence which I
hope the Convention will not sustain. I want to have a fair discussion
of all amendments offered, and also wish the section framed in such a
manner as to give the people the widest range in their selection of can-
didates for Governor. If we adopt the section as it stands, we should
find ourselves reduced to a choice between two or three men for the most
important position in the State, unless we take up men opposed to recon-
struction.
Mr. J. L. NEAGLE. I am surprised at the member getting up and
making a political harangue. There is no one here but feels sati.sfied
there are enough loyal men in South Carolina competent to fill all the
offiCefe in the State. I object to the reduction of the required term of
four years' residence to two years to make a person eligible to the office
af Governor. To reduce it below that, we might as well invite any man
from any portion of the United States to come here and become Gov-
ernor of South Carolina.
Mr. C. P. LESLIE. Are you talking for an expected nominee, or
CONSTITUTIONAL CONVENTION. 543
discussing the merits of certain men for Governor at this time. Don't
you know if the four years provision is adopted you defeat the chances
of a well-known gentleman, who has been proposed as a candidate, by
his friends upon this floor ?
Mr. E. W. M. MACKEY. I hope the motion to indefinitely postpone
will be voted down. I cannot see any impropriety in arguing all these
amendments. Indeed, the importance of some demands all the light
that can be thrown upon the subject.
Mr. A. J. RANSIER. There ^eems to be a mania in this Convention
to indefinitely postpone everything that may not be agreeable to aome of
the members. I submit to the good sense of the house that amend-
ments so important as these should be voted upon separately, and that a
motion sweeping them away is supremely ridiculous. Should it be done,
I certainly will be ashamed of this portion of the Constitution. It ought,
at least, to be made euphonious.
This amendment, referring to four years, does not suit us, under the
circumstances of the case. The Constitutions of Iowa, Massachusetts,
Texas and other States provide various terms of residence. I am not
disposed to ignore distinguished residents in this State. There are men
here of great ability, competent to fill any office in the gift of the people.
I do not know that a man is necessarily unfortunate who has been born
outside of the limits of South Carolina ; but I do think it important
that the amendment oftered by me, requiring two years' residence in the
State, should be adopted.
Mr. WM. J. McKINLAY. I do not agree with my friend who has
just taken his seat, that the two years residence in the State is a just
and proper limitation. Four years, under the circumstances, is a neces-
sary term, because even an intelligent and observing man cannot acquire
the knowledge of the people and institutions in so short a period. I
hope, therefore, the amendment will be voted down.
Mr. B. F. EANDOLPH. Tactics are very useful things in parlia-
mentary practice, as well as on the field. If you cannot bring an enemy
squarely up in line of battle, you must take to the bushes and flank
him. I think I understand the object of one of these amendments.
There happen to be, in the section, two words which appear to trouble
several of the members. They are the words " Supreme Being." If
they can get these words out of the section, their object will be accom-
plished.
Mr. R. C. DeLAEGE. Would it require a four years' residence in
South Carolina before a man could be known as a believer in the
Supreme Being?
•514 PRpCEEDINGS Of THE
Mi'. V>. F. 'R\.^DOLFK. I have no answer ipr the gentleniaii. But
I am in favor of the indefinite postponement of this amendment, and
shall, therefore, vote in favor of that proposition, so that the several
amendments may be separately reueweo. and di>>eussed.
Mr. J . J. WRIGi-HT. I wish to offer an amendment to the section, to
that it, will road. "He shall be a ciazeu or resident for four years from
the adoption of this Constitution." I jjope none of the amendments will
be postponed, but that tliey will l)e acted upon in a manner consistent
with tike general welfare of the people.
Mr. N. G. PARKER offered the followinj^ amendment : To insert after
the period in the third line the words, "who shall have been a resident
of the United States five years."
Mr. 0. C. BOWEN. In my judgment, this is one of the questions on
which the Convention sliould not tie their hands, and until members
commen(;ed discussing the qualifications of the Governor, I was satisfied
to allow the -ection to remain as reported. Since, however, it has been
brought before this body, it is important that the question should be fuUv
discussed, and I am, therefore, opposed to an indefinite postponement.
The question being on the motion to postpone indefinitely all the
amendments, Mr. E. W. M. MA.CKEY called for the yeas and nays,
and the call was sustained.
Mr. F. J. MOSES, Jr. I would like to ask if it is in order for re-
marks to be made on the q'^estion at issue any time before the first name
was called.
The CHAIR decided that it was in order.
Mr. W. J. WHIPPER. I am somewhat surprised at the disposition
manifested upon the part of members to tie tlieir own hands. You have
already passed a rule prohibiting members from speaking more than
fifteen minutes, and now, when amendments of great importance are
offered, to attempt to postpone them indefinitely is a very novel course
of procedure, to say the least. If it is a fact that this movement is for
the purpo.se of electing certain men to office, I am opposed to it.
Mr. C. M. WILDER. Is the gentleman speaking to the question ?
The house decided to call the yeas and nays.
Mr. W. J. WHIPPER. It has been urged in favor of postpone-
ment, that there are plenty of men who are able to fill the various
offices in the State. I would like to inquire whether these men are
afraid to be brought into competition ; whether they are afraid to show
it to the world. If such is the fact, it does not speak well for that ability
of whi(di they boast. If the}'- have such men, they certainly should not
be afraid of having tliem brought into competition with any man. If we
CONSTITUTIONAL CONVENTION. .5J.^
havH tliese men here, they certainly have nothing to fear. I hope the.se
amendments will he acted upon deliberately, and not dispcsed of in a
nummary manner. I hope s\'e will not tie our own Lands anj' furtlier.
I have forborne the privilege of speaking upon questions, for tlie veiy
reason that it has not b^■en possible to make a spetch in reference to
subjects requiring- much reflection. If it is proposed to tie our liands
much further by iudefinite po-.tj)onements, is it not b<;Llor to adopt the
various reports as they come from the Committees ? I^ we are denied
the freedom of speech upon the floor, why question the report of the
Committee at all?
Mr. F. J. MOSES, Jr. I desire to say, for myself, iliat while occu-
pying the position of Chairman of the Committee who reported this
artice of the Constitution, and apart from any importance which these
amendments may have, I could not be guilty of such an act of discour-
tesy towards any gentleman on this floor, who introduced an amendment
to tlie report, as refuse him an opportunity of discxrssing it. I do net
believe there is a delegate on this floor who would bo so recreant to his
high and solemn duty to his constituents and the State as to attempt to
intr(>duce a t-ection in our Constitution looting forward or.ly to tlse jid-
vancement of men, and not for the future prosperity cf the State. I
would not cast reflection.■^ upon any gentleman on this floor. I have
nominated no one for Governor, nor do I believe any one has. I desire
the Convention to bear in mind this fact: that in deciding whetlier this
.•^ecTion shall stand as the Committee have reported it, and as to the pro-
priety of leaving it to stand in that form, I am not deciding because of
any argument I have heard fiom those gentlemen who reported it. It
strikes me, if it should be inseited in this section, "that no person shall
be eligible to the office of Governor, unless a citii'en and resident of this
State for four years next preceding the day of election," this might be
tying up our hands in a way that would be a matter of regret hereafter.
It is to be hoped that no member is working to advance the inter-
est of any man for Governor. We are here, not working for men, but
ijv measures.
Mr. B. EYAS. I trust ohe motion to postpone indefinitely will not
prevail. I am the advocate of no particular man for the office of Gov-
ernor. When a person has resided a sufficient time in the State to en-
title him to a vote, I think he should be eligible to any office within the
gift of the people of South Carolina.
Mr. C. P. LESLIE. There has been times when I have spoken that
1 V ould have been perfectly contented to have recorded my vote in
silence upon some questions. But I never will give my vote on a ques-
546 PEOCEEDINGS OF THE
tion likely to affect the people, unless I give some explanation of why I
make it. I do not believe, as an axiom in politics, that it is worth while
ever to tell a lie, if a statesman or a man wants to deal justly with the
people. I stand upon the truth, and the truth will triumph.
I knew when these four years were inserted in that section, and I
know why it was inserted. 1 do not particularly care myself if you
make it four hundred and forty-four thousand years. But the times in
which we are living import some trouble. There is no member upon
the floor of the house that does not know that the times are portentous
of troubles and storms. A. candidate may be available to-day for Gov-
ernor, who would not answer to-morrow. I may want my quiet friend
from Eichland, Colonel THOMAS J. EOBERTSON to-day, and for cer-
tain other reasons may want some other gentleman of an entirely differ-
ent and opposite profession to-morrow. Again, questions of constitu-
tional law may arise, and we may have to call upon our legal friend
from Fairfield (Mr. RUTLAND). I want the greatest possible latitude,
and, therefore, hope the four years' proposition will be stricken out
and two years inserted. I think the times demand it.
Mr. B. F. WHITTEMOEE. I trust the motion to postpone will not
prevail, but that the amendments will be taken up in their order. In
the sections in the Legislative Department we have declared how long a
person muist be in the State to be eligible to a seat in the General As-
sembly, and it appears to me, with the exception of correcting a few
grammatical errors, the section might be allowed to remain as it is. I
hope the motion to postpone will be voted down. o
The question was then taken on the motion to postpone indefinitely
all the amendments, and the ayes and nays being called, resulted as
follows :
Ayes — Messrs. Alexander, Burton, Bryce, Camp, Coghlan, Chestnut,
Clinton, Davis, Dill, Drifile, , Edwards, Henderson, Hurley, Jacobs,
Jenks, S. Johnson, Dr. L. B. Johnson, Joiner, C. Jones, Lang, G. Lee,
Lomax, W. J. McKinlay, McDaniels, Mead, Milford, Nelson, Neagle,
Owens, Randolph, Robertson, Rose, Rutland, Sanders, L. B. Thompson,
White, Williamson, Wilder — -J?.
Nays — Messrs. President, Allen, Arnim, Bell, Bowen, Bonum, Brock-
enton, Byas, F. J. Cain, Chamberlain, Cooke, Collins, Corley, Craig,
Crews, Darrington, DeLarge, Dogan, Duncan, Elliott, Foster, Gentry,
Goss, Gray, Harris, J. H. Hayne, C. D. Hayne, H. E. Hayne, Holmes,
Humbird, Jervey, Jillson, W. B. Johnson, J. W. Johnson, W. E.
Johnston, Langley, S. Lee, Leslie, E. W. M. Mackey, Mayer, Mauldin,
W. McKinlay, Middleton, Moses, Nance, Nuckles, Parker, Pillsbury,
Rainey, Ransier, Richmond, Runion, Sasportas, Shrewsbury, Smalls,
CONSTITUTIONAL CONVENTION. 547
Swaila, Thomas, B. A. Thompson, Viney, Webb, Whittemore, Whipper,
Wingo, AVooley, Wright — 65.
Absent — Messrs. Becker, Boozer, R. H. Cain, Cardozo, Dickson,
Donald.son, Hunter, Jackson, H. Jones, Miller, Nash. Newell, Olsen,
Perry, Rivers, Stubbs, A. Thompson, F. E. Wilder — 18.
So the Convention refused to postpone.
The question was then taken on the motion to strike out the words,
"who does not believe in the existence of a Supreme Being."
Mr. L. S. LANGLEY. I do not think these words comprehensive
enough. In the report of the Committee on Miscellaneous Matters, sec-
tion tenth, we find this provision: "No person who denies the existence
of a God shall be eligible to office," &c. I am in favor of not only the
Governor being required to acknowledge the existence of a Supreme
Being, but I am opposed to any man holding an office who does not
recognize the Supreme Being. As I Fblieve the provision of section
tenth in the report of the Committee on Miscellaneous Matters to be
more comprehensive, I hope these words, "Supreme Being," will be
stricken out, and that provision substituted.
Mr. B. F. WHITTEMORE. I trust these words, " Supreme Being,"
will be allowed to remain. It appears to me we should have some re-
gard to the judgment and reflection of the members of the Committee
that drafted this section. If we by a vote erase those words, we commit
ourselves to the acknowledgment that we do not consider it necessary
that a person who shall be elected by our suffrages as Governor, shall
be compelled to believe in the existence of a Supreme Being. T scarcely
think there is a member of this body, who would be willing to allow his
vote to be recorded for any such proposition, and I trust, without any
extensive debate upon the subject, the amendment will be voted down.
Mr. E. W. M. MACKEY. I am sorry to disagree with the gentleman
from Darlington on this subject, but I cannot see the necessity of these
words in this section. It has been said that this motion to strike out
these words was taking a backward step in civilization. On the contrary,
I regard it as going forward. I am opposed to religious intolerance
in any shape or form. But how are w;e to tell whether the person elected
to the office of Governor entertains the belief here asked of him. He
may profess to believe in order to be able to hold the office. Shall we
have a court of ministers instituted to question the gentlemen elected as
to their religious belief ? Are they to ask him whether he believes in
this or that doctrine ? They would have just as good a right to question
his belief in the Trinity, or whether he was an Episcopahan, Methodist,
or Catholic. It would be but one step further to require him to answer
70
518 PROUEEDINGS OF THE
to all these questions. We have just as much right, 1 say, to questioiB
ri man's belief in the Trinity, as to question hi.s belief in the existence of
a Supreme Being It has been urged that we could not believe any
person on oath, unless he believes in the existence of a Supreme Being ;
why not also add in the existence of Je^us Christ. It appears to me
that is as important as the Supreme Being, and would be so regax-ded by
every trinitarian. These words " Supreme Being" convey no idea of
the Deity. Difl'erent nations have different ideas of a Supreme Being.
The ancient Komans characterized the Deity as their idea of the Supreme
Being, and the moderns have their various ideas.
I notice that it is mostly ministers who rise and ask questions with
reference to the Supreme Being. It seems to me they are alone advo-
cating it. The gentleman from Darlington says he desires to put his
vote on record against the proposition to strike out the words " Supreme
Being," and vi^ould be ashamedf'fo do otherwise. I am not ashamed to put
my vote on the journals against retaining those words in this section.
Mr. N. G. PAEKEE moved to strike out the words " does not pro-
fess " in the first line, and insert "denies," and to strike out "had" in
the second line, and insert " has," which was agreed to.
Mr. H. L. SHREWSBUEY moved to strike out the word "thirty"
and insert the words " thirty-five," which was not agreed to.
The question was then taken on striking out the words " who denies
the existence of a Supreme Being," which was decided in the negative.
Mr. D. H. CHAMBERLAIN moved to strike out the word " thirty "
and insert " twenty-five."
Mr. E. C. DeLAEGE. I sincerely trust that will be voted down. I
have heard that to be old is a misfortune ; to be young and intelligent
is no crime. A man may well be questioned as to his ability, still we
may find men who have ability, and who have not obtained the age of
thirty-five years.
Mr. H. L. SHREWSBUEY. Do you not think experience is a vRry
useful quality-
Mr. E. C. DeLAEGE. Experience has taught us that this State has
been injured by the former doctrine of the aristocracy, that a man did
not know anything unless he had attained a certain number of years.
That policy carried the State into rebellion. It was considered a crime
to elevate a man who had not attained the requisite age, or who had not
been tutored in the then exclusive social circles, and the doctrine of the
country. But I rose for the purpose of offering an amendment to tliat
of my friend from Chesterfield (Mr. SHEEWSBUEY). I move to in-
sert " eighty-five years of age."
CONSTITUTIONAL CONVENTION. 549
Mr. B. BYAS. I hope the section will pass as it stands. I think
thirty years a happj medium between the extremes proposed in the
amendments offered, and that the Gommitt^se have prepared the section
with good .sense and judgment.
The question was then taken on the motion to strike out thirty and
insert thirty- five, which was decided in the negative.
The question being taken on striking out thirty and inserting twenty-
five, it was decided in the negative.
The next question was taken upon the amendment offered by the dele-
gate from Williamsburg (Mr. SWAILS), to strike out "four" and in-
sert " two," so as to read " unless he hath been a citizen and resident of
this State for two years next preceding the day of election."
Mr. J. M. RUTLAND. I regret that this particular portion of the
section has been attempted to be argued in the Convention upon per-
sonal grounds, or in reference to any candidates for the office of Gover-
nor. Such considerations ought not for one moment to influence our
action upon this section of the Constitution. The Committee, when they
passed upon it in the Committee room, I feel assured had no such ques-
tion before them, and it is only within the last day or two I have heard
that this part of the section would be contested. The subject having
been divested of all personal considerations in the Committee room,
should be considered in the same spirit in this body. The Committee
determined that the number of years requisite for a man to be a resident
of the State, in order to qualify him for the office of Governor, should
be four. That was the result of their deliberate judgment. If I had
been called upon to give an opinion, I should have said five years, be-
cause it is analogous to the Constitution of the United States, which
requires, before a man is admitted as a member of the House of Repre-
sentatives in Congress, that he shall have been a citizen of the United
States for seven years ; and shall be admitted as a Senator of the United
States after he has been a citizen of the State nine years. A man who
is to be Governor of our State should, at least, have resided amongst us
a sufficient length of time to become familiar with all the different in-
terests of the State over which he is to preside. That is one of the
first and highest qualifications to know the wants of the people in
the State. Can any man become familiar with those interests in the
short period proposed by the amendment. He certainly could not, un-
less he makes it the special business of his whole term to travel from
the mountains to the sea- board, and enquire everywhere as to the char-
acter and wants of the people of the State.
I say then we should divest ourselves of all personal considerations or
55© PROCEEDINGS OF THE
feelings on this quettion, and take a calm and intelligent view of it.
Four years will give a naan sufficient time to familiarize himself with the
wants of the people of the State. Two years I regard as entirely too
short, and I really think four years not sufficient, unless the person
elected makes it his business to travel from one end of the State to the
other during his term of office. I hope the section will be left as it
stands.
Mr. I). H. CHAMBEELAIN. I quite agree with my friend from
Fairfield (Mr. EUTLAND), in hoping that in the consideration of this
question we shall divest ourselves of all personal feeling and friendship
for the candidates of the ofi&ce of Governor. 1 would be sorry to be-
lieve that there were certain classes of persons in this Convention influ-
enced by such motives. If any gentleman thinks I am influenced by
any interested motives, or by my desire to see any person made a candi-
date for Governor of this Stat^, I shall know how to treat such a charge.
I hope we will consider this question upon its merits. I consider the
State of South Carolina to-day very much in the condition of a territory
about to transfer itself into a State of the Union. Without raising the
legal question whether we are a territory or State, I say our practical
condition is very analogous to that of a territory, the delegates of which
have met in Convention to form a Constitution, and make itself a mem-
ber of the Union. I believe no one will dispute that in all such instances
it is the rule and custom to make citizens of the United States, resident
in that territory at the time, citizens of the future State without imposing
any restrictions, or taking from them any privileges either as electors or
as officers of the State. Upon that same ground I think every restric-
tion should, be removed, and that an exceptipfi should be made. If we
fix upon two years as the length of time the Governor holds his office,
then I propose that the first elections shall except from the operations of
the rule, requiring four years residence, anybody who is here to-day a
citizen of the United States, residing on tho soil of South Carolina. I
propose that nobody now here, who are citizens of the United States,
shall be deprived of the opportunity of being a candidate for Governor,
or any other office within the gift of the people. We do not know what
the interests of this State may require of the person we shall select as
our candidate for Governor. I desire as wide a range as possible in our
selection and nomination of that candidate.
My friend (Mr. RUTLAND) thinks nobody understands the affairs of
South Carolina unless he has resided here a long time. I beg leave to
say, though I desire to raise no question between old and new citizens
of South Carolina, that there are reasons why men who have not been
CONSTITUTIONAL CONVENTION 551
identified with South Carolina in the past, who have furmed their opin-
ions in a different atmosphere, should not only have an equal chance,
but be preferred for the most important offices in the gift of the people
of this State. I say distinctly there may be cases where a man who
does not know but little of the State, but who has none of the preju-
dices against color or race, which is almost universal with the natives of
the soil, but to which there are honorable exceptions, as I am bound to
say, when I speak in presence of you, sir, (the President) ; yet I say it is
an advantage in a candidate that he should not have been born and
bred on the soil of South Carolina. I say, my friends, that I consider
that the point which touches their (the old South Carolinians) interest
and pride in the most vital point, is that there is a man with a South
Carolina education, who professed during the war to stand with the loyal
men of the country, and who is to-day the hope and expectation of every
republican in this country. I am sorry that question has been raised,
but since it has been raised, let us look at the situation. I say that, at
least, it is no objection to a man that he was not bbrn in South Carolina.
It is rather to his advantage that he was born where he could not have
imbibed the prejudices of South Carolina, and which are in danger of
again controlling the public mind of South Carolina. Is it not better
for U3, in the first place, to select for the position of Governor of South
Carolina a man who is familiar with the ways of freedom by birth and
education — who would not exclude anybody from any privileges or right ;
and, second, that, as a practical <j,uestion, not to narrow our choice and
exclude those famihar with the ways of freedom from having a share in
the offices of the State. Upon these two grounds, I hope this section
will be so decided that any man to-day a citizen of the United States,
living in South Carolina, shall be eligible to any office within the gift of
the people of South Carolina.
Mr. A. J. EANSIER. Id my proposition to amend this third section,
one of the features proposed to be stricken out was the word " four."
This does not prevent us from taking up any South Carolinian who has
been here all his life, while it allows the selection of another person
equally competent, who may have settled in the State since the war. It
is not merely a question of republicanism, of mere party, but it is a
question which involves in the choice of honest and true men, the wel-
fare of the State.
Mr. J. L. NEAGLE. Did you get that idea from the copperheads of
this State or from Northern copperheads ?
Mr. A. J. EANSIEE,. I got the idea from the principles and practice
of those by whom I am surrounded. This is not a question of Southern
552 PROCEEDINGS OF llEfE:
men or Northern num. We want an able man ; and if we can find snch
a one who has resided here even for two years, we wish to put him im
the position. If a person who has resided in South Carolina two years
does not know enough about the habits of the people to fill the office of
Governor, he is a poor creature, indeed. It is important that the people
of the State shall be untrammeled in this matter, and I say let them
have an opportunity to secure a gentleman of ability, even though he
may have been in the State but two years. I hope the motion to strike
out the word "four" will prevail.
Mr. T. K. SASPORTAS. Hitherto I have refrained from speaking
upon questions before the house, chiefly from considerations of economy ;
but on the present occasion I am compelled to speak without reserve.
I am an advocate for no individual — neither for a man from South Caro-
lina, nor a man from Massachusetts — not for a general, or a colonel, or
any other person. I can, therefore, speak freely upon the merits of the
question.
One gentleman who preceded me, stated that if a person was so unfor-
tunate, as he termed it, to be born out of. South Carolina, he ought to
be debarred from the privileges of this office. Such is not my belief —
I cannot go so far ; but I do contend that a candidate for the office of
Governor shall have remained in the State a sufficient time to become
acquainted with the wants of the people. A question has been raised
with reference to Northerners and Southerners. The gentleman who
has preceded me, said that only those persons who were born and edu-
cated in a land of freedom should be candidates. Now, as regards this
curious preference, allow me to say there are men raised in the land of
freedom who are just as much opposed to the principles which actuate
us as many of the white citizens of this State. And when it comes to
the question whether we shall trust a Northerner or a Southerner, I gay
if he accepts the situation in good faith, I will always trust the South-
erner in preference. I have resided in both sections.
Mr. HAYNE. I would like to ask the gentleman how long he has
been a resident of South Carolina?
Mr. T. K. SASPORTAS. Six years and a half, sir ; but I claim the
honor of having been born in South Carolina. It is my State, and I
think it proper and important that a candidate for the office of Governor
shall be required to reside here at least four years, in order to learn the
habits and characteristics of the people.
Mr. R. C. DeLARGE. My friend from Fairfield says that in consid-
ering the subject we should ignore all individual questions. I was glad
to hear such words drop from his lips, for it grieved me to see even one
CONSTITUTIONAL CONVENTION. 558
tnember upon this floor who could so far forget the interests of his State
and constituents as to allow mere personal preferences govern his action.
My friend from Fairfietd says the Committee reported four years as the
limit required lor the Governor's j-esidence, because they believed it best.
No doubt of it, and we yield the Committee credit for its wisdom ; but I
do not think this house will accept the idea of nine gentlemen in prefer-
ence to one hundred and thirteen, who, I believe, are in favor of two
years. My geoial friend has also referred to the importance of having four
years nam^ed in the Constitution, on the ground that it is necessary to be
u citizen of the United States for seven years before one can be a candi-
date for some of the offices of the United States. I admit the force of
the reasoning, but the provision in the Constitution of the United States,
to which my friend refers, was made to guard against the Ibreigners
from being elected before they had resided here long enough to become
naturalized. Now, gentlemen, I am opposed to this section, because it
proposes to operate ungenerously and harshly towards those who have
had the misfortune to be born out of the State. It is showing a degree
of ingratitude I did not expect to see, to a class of men to whom we are
indebted for the privileges we are enjoying as members of this Conveu-
•jion, and to whom we must still continue to look fur support. To be a
good Governor, there is no doubt that a man should thoroughly under-
stand the people of the State, but he need not possess more than ordi-
nary intelligence to require the desired knowledge in a residence of two
years. There is a class of men able and brilliant in South Carolina,
who have not learned the people of the State, yet they plunged that
State in rebellion, and it would take until the judgment day for them
to learn the people that we represent. They are a class whom his
Safanic majesty has learned, and they cannot be learned by any other
influence. But any man in this State who has been here since the war,
especially if a Northern man — and Northern men are noted for learning
people — is, in my judgment, sufficiently familiar with the condition of
affairs to qualify him, in that respect at least, for the office of Governor.
There are some who have travelled the State very extensively, especially
those who belonged to Sherman's army, and they possess a degree of
familiarity with the people superior to any others. I wish it to be un-
derstood that I have no preference for any man on account of his place
of birth ; abihty, integrity, and a proper discharge of duty, should be the
only points in the character of a candidate in which we should raise any
question. I trust, therefore, that the time will be limited to two years
instead of four, and that every man will be allowed a free fight and a
fair race. I am desirous of seeing a liberal policy carried out by this
554 PROCEEDINGS OF THE
Convention. 1 stand here as ready to forgive those who have imbued
their hands in blood as I am willing to welcome the loyal men of the
country. I desire to be generous to those who have injured us,, and to
reward those who have stood by the truth. My friend from Berkley
said it was an advantage to be born off the soil ; I differ with him, for I
am proud of the land of my birth ; there is no better place on earth to
be born in, provided the man is tutored aright after his birth.
I repeat, again, that there are competent and able gentlemen in the
State who have resided here since the war, and if it be determined that
one of them shall become a candidate for Governor, the lack of a four
year's residence ought not to be a bar to his selection.
Mr. C. C. BOWEN. It is not my purpose to discuss the claims of
any person who may be a candidate, at this stage of the proceeding. I
hope the Convention will forget all that, and leave the question open ;
that it will attach to the section such an amendment as will allow any
person residing here at the time of the adoption of the Constitution, who
has the requisite ability, to enter the race for office. Much has been said
here in regard to Northern and Southern men, but when the time arrives
for a nomination to be made for any office in South Carolina, I shall not
stop to ask whether a man was born here, or in Maine, or Massachusetts,
or Georgia. All I want to see is ability, and an affiliation to the party
with which I am myself allied. I hope the amendment limiting the re-
quired term of residence to two years will be adopted.
Mr. B. BYAS. I am opposed to this section as it stands. No doubt,
a Committee of nine men may act with commendable judgment in
making a report, and deciding upon the merits of questions submitted
to them ; but in this case, I am satisfied their action will not be sustained
by the majority of this Convention. The State of South Carolina is not
so large that a man must live in it four years before he knows the peo-
ple ; and whether our choice be of a Southern or a Northern man, I
shall stand by the nominee, if I am satisfied of his ability to fill the
position and do justice to the State, whether he has been here two years
or a life time.
Mr. B. F. RANDOLPH. In my opinion, it is impossible for any
man to come to South Carolina and gain the affections and confidence of
the people, unless worthy of it ; and when such a one can be found, I
take it for granted that he will be their choice, even in the face of
another, who may have lived here twenty, forty, or fifty years. If a
man can be found who is a native born South Carolinian, and possesses
the full confidence of the State, I think it would be better to elect him.
Mr. W. J. WHIPPER. What advantage does a South Carolinian
possess over a Northern man of equal ability and knowledge ?
CONSTITUTIONAL CONVENTION, 555
Mr. B. F. RANDOIjPH. I do not say he possesses any advantage,
but the people of every State and nation feel a peculiar respect for those
born upon the soil. And it is human nature that they prefer to see
such a man elected to the highest office in their gift, rather than one
who is a comparative stranger. It is so with the French, the English,
the Americans, and eminently so with the ppople of South Carolina,
who have more respect for their own citizens than for others, possessing
not a superior degree of ability.
Mr. S. A. SWAILS. I would like to ask if there is a man here in
the interest of any Northern man ?
Mr. B. F. RANDOLPH. I know of no such person on this floor.
Mr. R. C. DeLARGE. Does the gentleman believe in that portion of
the Constitution of the United States, which says that the citizens of one
State shall be entitled to the privileges and immunities of the citizens of
the several States.
Mr. B. F. RANDOLPH. Certainly I do. I do not object to any man
coming into South Carolina. I say, if any Northern man here now can
be elected Governor by the people, so be it.
Mr. R. C. DeLA^RGE. If the gentleman believes what he says, how
can he stretch his conscience and declare his preference for a Southern
over a Northern man, especially when he knows that the natives of the
State are opposed to the work of reconstruction in which we are en-
gaged ?
Mr. B. F. RANDOLPH. I only referred to the preference as a char-
acteristic of the people, as a law of human nature.
Mr. W. J. WHIPPER. Did not the gentleman assert that it was
better to elect a native South Carolinian ?
Mr. B. F. RANDOLPH. I say if a competent native of the State can
be found, who is the choice of the people, let him be elected.
Mr. L. S. LANGLEY. I would ask the gentleman if he thinks the
people of Tennessee are proud of the fact that Andrew Johnson is a
native of that State?
Mr. B. F. RANDOLPH. I do not think any State has reason to be
proud of a criminal, especially one charged with high crimes and misde-
meanors.
Mr. B. 0. DUNCAN. Do you think the State of Tennessee would be
proud of Admiral Farragut, or the State of Virginia of General Thomas ?
Mr. B. F. RANDOLPH. Once for all, I wish it to be understood
that I do not object to any man on account of the place of his birth. I
am a Northern man myself, and doubt not that I shall vote for a North-
ern man as the Governor of South Carolina, for I am in favor of the
71
\
556 PROCEEDINGS OF THE
amendment which will allow a man to become eligible for the office, who
has resided here two years. I stated it as my honest convictioa. how-
ever, that it would be better, if we could find a competent South Caro-
linian, to elect him Governor of the Stale, because I believe it would be
more agreeable to the inasses. Still, I do not lay it down as the policy
which we should adopt. ' I am perfectly willing to trust to the good
sense and judgment of the people.
Mr. T. K SASPOETAS. In speaking, I said that I would trust a
man born in South Carolina quicker than others. I did not intend to
make such a broad assertion as that. What I meant was, that I would
trust a man from South Carolina, who would accept the situation in
truth, as S(mn as I would trust any man from any other portion of the
United States.
Mr. W. J. WHIPPER. I hopu the amendment will prevail. I cer-
tainly see no necessity for four years ; and it does seem to me it would be
very inconsistent in this body to establisli four years as the term of resi-
dence necessary to qualify a man to fill an office. If the same rule had
been applied to this body, there are eomparativelj' few members upon
this floor who would have been here to-day. Not even the member from
Orangeburg (Rev. Mr. RANDOLPH), if his own doctrine is correct,
would have been here. If what he alleges of outsiders is true, I do
not see how he <rot here any how.
Mr. B. F. RANDOLPH. I got here just as you did.
Mr. W. J. WHIPPER. It ha.s been allegod bv the gentleman from
Fairfield (Mr. RUTIjAND), that it is necessary for a man to live here
some time in order to know the wants of the people of the State. I will
admit that it is necessary for persons to know the wants of the people of
any State where they are made officers of it. But it seems to me they
have not shown in the administration of affairs in this State, that the
ruling powers ever knew the wants of the people of the State. I think
Henry Wilson was correct when he said the Northern people have
always known the people of South Carolina better than the South Caro-
linians knew themselves. But for the Northern people knowing the people
and the wants of this State, the natural advantages and resources of the
State would have remained in obscurity. When you want men who know
the wants and resources of your State, you do not find tbem in persons to
the manor born. You will find those persons who c;ime here with their
bayonets, who relieved you from the condition in which you were so
long anxious to be relieved ; who actually knew, and still know, your
wants quite as well as any native in the State.
You did not inquire, when yonder island was aligned with men and
CONSTITUTIONAL CONVENTION. ,15T
bayonets, whether they knew you or not. Every loyal heart welcomed
them to this community, and presumed they knew your wants. I be-
lieve there are many persons who have not resided here four years, who
know your wants thoroughly, and they know them just as well now as
when they were divided from you by the hostile shores of Sullivan's and
Morris Islands. It would certainly be ungenerous, unkind and impoli-
tic, to debar those who thus came to you in your hour of greatest need,
from holding the positions created by them or their friends. I, there-
fore, hope the amendment will be adopted. I desire to see the section
read " from the adoption of this Constitution," because we may then use
the very best material we have at hand.
• We are starting anew, and every man is presumed to know what laws
are best required for the protection of the community, and for providing
for the necessities of the people. And yet if you adopt this report as it
stands you will exclude a great majority of the members of this body
from any office in the gift of the people. . ' ■ .. ,.i ,:,:,.
I disclaim being the representative of any Northern or Southern man.
It is principles, and not men of which I speak. This is a question that
should rest upon a broad and well defined basis, and not be confined to
narrow limits ; and hence, I urge that the section be so amended as to
embrace all who live upon the soil and who possess ability to represent the
people.
Mr. N. Gr. PAEKER. It is my intention to occupy the time of this
body but a few minutes. I simply desire to offer the following amend-
ment :
" Provided that the four years qualification shall not extend to the
first election held under this Constitution for Governor."
I think the term, four years, is none too long. When the State has
become thoroughly organized, I should feel jealous myself of the eligi-
bility for the office of Governor that might be acquired by an outsider
in a shorter period. Under the present circumstances, however, I do
not think the rule should be applied. It is better to leave the question
open, so that we may be free to support any one who will best sustain
the interests of the State.
Mr. J. F. CAMP called for the previous question.
The call was sustained, and the question being taken on the motion to
strike out " four " years residence and insert " two," it was decided in
the affirmative.
Mr. D. H. CHAMBERLAIN offered the following amendment :
558 PEOCEEDINGS OF THE
" Provided that the two years qualification shall not apply to the first
election for Governor under this Constitution."
The amendment was rejected.
Mr. C. P. LESLIE called for the reading of the section.
Mr. B. 0. DUNCAN moved to add after the words " thirty years "
" and is a citizen of the United States."
Mr. N. G. PAEKEE proposed to add "for five years."
Mr. B. 0. DUNCAN hoped the amendment would not prevail. He
did not see the justice of requiring a man to be a citizen of the United
States for five years, and a citizen of the State for two years.
The amendment of Mr. DUNCAN was agreed to.
Mr. J, H. JENKS. I wish to ask for information, whether the sec-
tion as now amended does not provide that any man who enters the
State of South Carolina the day before the ratification of this Constitu-
tion is not eligible to the office of Governor.
The PEESIDENT. That will be a question for the lawyers to settle.
I do not undertake to decide it myself.
On motion of Mr. E. G. HOLMES the question was reconsidered.
Mr. C. C. BOWEN then moved to amend as follows :
" And has been a citizen and resident of the State for two years next
preceding thjO day of the election, or was one at the time of the adoption
of this Constitution."
On motion of Mr. E. B. ELLIOTT, the amendment was indefinitely
postponed, and the Convention adjourned.
THIKTY- FIFTH D^Y.
Tuesday, February 93, 1868.
The Convention assembled at half-past 10 A. M., and was called to
order by the PEESIDENT.
Prayer was offered by the Eev. E. J. SNETTEE.
The roll was called, and a quorum answering to their names, the
PEESIDENT announced the Convention ready to proceed to business.
The Journal of Monday was read and approved.
Mr. E. W. M. MACKEY oifered the following resolution, which was
referred to the Committee on Eules and Eegulations, with instructions
to report to-morrow :
Resolved, That the Convention will meet hereafter from half-past ten
to two o'clock every day, and from half-past seven to ten every night.
Mr. T. K. SASPOETAS submitted the lollowing, which was referred
to the Committee on Eules and Eegulations :
Wheeeas, provisions are made for the payment of the per diem of
members only to the 5th of March, therefore be it
Resolved, That after the 5th day of March no pay be drawn by mem-
bers of this Convention.
The unfinished business was resumed, and the consideration of sec-
tion three of the report of the Committee on the Executive Part of the
Constitution was taken up.
Mr. B. F. WHITTEMOEE submitted the following substitute for sec-
tion three :
Section 3. No person shall be eligible to the ofl&ce of Governor who
denies the existence of the Supreme Being, or who at the time of such
election has not attained the age of thirty years, and who, except at the
first election under this Constitution, shall not have been a citizen of the
United States and a citizen and resident of this State for two years next
preceding the day of election. No person while Governor shall hold
any other office or commission (except in the militia) under this State,
or any other power, at one and the same time.
Mr. L. S. LANGLEY. I regret exceedingly that the gentleman from
DarHngton (Mr. B. F. WHITTEMOEE) has offered that substitute I
am opposed to it for the same reason that I opposed yesterday the
amendment as it now stands. I am in favor of making it obligatory
560" ?ROCEEDIIfrGS OF THl^
*
upon al] candidates for office to believe in a Supreme Being, but it slioalS
not be upon the Governor only. The amendment is not comprehensive'
enough. I am willing to support any amendment excluding from office
any man who does not believe in a Supreme Being. I hope the amend-
ment or substitute will be voted down.
Mr. WM. .J. McKINLAY. I hope the amendment of the gentleman,
from Darlington will prevail. The objections of the gentleman from-
Beaufort are simply that the substitute does not include other officers
besides the Executive. We are considering- the report of the C'^mmittee
on the Executive Department, and are, therefore, regulating the duties
and qualifications of the (Jrovernor. This is the proper place to legislate
for that office.
Mr. J. S. CRAIG. I hope we shall go into no further discussion of
this matter. The question was fully discussed and settled yesterday.
The substitute of the gentleman from Darlington simply embodies the
amendment-^! already offered. I hope the question will be taten at once.
Mr. J. J. WRIGHT. I consid'er this one of the most important ques-
tions presented to this body. It involves a question of the constitu-
tionality or unconstituti(mality oi the Constitution we are to frame. No-
person in the world has a greater respect and reverence for the Supreme
•Being than I have. I believe it is the duty of all persons who desire to
prosper, to recognize the Supreme Being in all their acts,^ and in all their
legislative assemblies. But we must remember we are assembled to
frame a Constitution, and that Constitution is to be framed in accordance
with the Constitution of the United States. If we do not make it to-
acccrd with the Constitution of the United States, then the work we
have performed here, and the monies we have drawn out of the treasury-
will all be for nothing. I contend we have no constitutional riglit to
make a religious test. But no man can become an officer of the State
without taking the prescribed oath of office, and in that oath the Deity
or Supreme Being is already recognized. I believe this subject was
thoroughly discussed by the framers of the Constitution of the United
States, and in their discussions they alluded to this very matter. They
came to the conclusion that every one before entering upon the duties of
his office, would be obliged to take the oath which recognized the exist-
ence of a Supreme Being, and any person unable to take the oath would
be of course disqualified from holding office. They did not, therefore,
incorporate that feature into the Constitution of the United States.
They incorporated that clause which says : " The Senators and Repre-
sentatives before mentioned, and the members of the several State
Legislatures,*^ and all the executive and judicial officers, both of the
CONSTITUTIONAL CONVENTION. 3^1
llriited t^tates and of the several States, shall be bound by oath or affir-
mation to support this Constitution, but no religious test whatever shall
*ever be required as a qualification to any office of public trust under
the United States.'"
The Constitution of the United States is an example for us. We are
to frame a CoQstitution in accordance with the reconstruction acts under
which we are operating. The Constitution of the United States tells us
■that no religious test should be made for any office in the State. There
is no person who takes the oath to support the Constitution of the United
'Sta:es, or the Constitution of a State, but recognizes the existence of a
Supreme Being. I hope, therefore, that as Ave have recogrnized in our
Reclaration of Dights the Supreme Being, that we shall not say that a
man shall believe in the existence of a* Supreme Being before he shall
be eligible to the office of Governor, or any other office in the State.
The oath, or affirmation, already required of any person before entering
■on the duties of his office is sufficient.
Mr. S. G. W. DILL. Do the officers when taking the oath to which
you allude, swear to discliarge the duties of the office, or swear that thej
■believe there is a God.
Mr. J. J. WEIGHT. When a man takes an oath or affirmation to
support the Constitution of the United States and of the State at its
close, he says, " so help me God."
Mr. li. F. RANDOLPH. If a man who does not believe in God takes
that oath, does he really and sincerely believe what he says, when he
believes there is no God.
Mr. J. J. WRIGHT. He clearly believes what he says. Hut the peo-
ple will always choose a man in whom they can confide, and one who
does recognize tfie existence of a Supreme Being. But I simply rise
to defend the motion to strike out the words "who denies the existence
of a Supreme Being," believing the passage of a section with those
words would be in direct conflict with the Constitution of the United
States.
Mr. B. F. RANDOLPH. The Constitution says there shall be no
religious test. What does the word test mean ? Does it mean a belief
in some particular doctrine, or does it apply to a belief in the Deity.
Mr. J. J. WRIGHT. If the gentleman will read the Constitution of
the United States, he will find that it says. Congress shall make no law
for the establishment of any certain religion. It declares there shall be
no religious test. That certainly means that a man's religious belief
shall not be questioned as a qualification for any office of trust. He
cannot be excluded from holding office if the people desire to choose him
for that office.
56« PROCEEDINGS OF THS
Mr. R. G. HOLMES. I am surprised at the gentleman's argument.
There is no religious test in this section as proposed. There is simply
the affirmation of a person who takes the oath of office that he believes
what he says. The oath of a man who does not believe there is a God,
is not worth having. I hope we will engraft this section into the Constitu-
tion, and prohibit any man from holding office who cannot take the oath
that he believes in a iSupreme Being.
Mr. R. C. DeL ^RGE. It is certainly a strange argument for a mem-
ber to use, that the words '• Supreme Being," in this section, cannot be
considered a religious test. We know that there are a great many who
do not believe in the existence of what we call a Supreme Being ; who
believe in an entirely different Supreme Being. I have always believed
that the section of the Constitution of the United States, in reference to
this subject, was intended to prevent any such words or phrases being
inserted as a test in the Constitutions of the several States. If it can be
shown that this is not a test, and not in conflict with the Constitution of
the United States, I would be very willing to have it placed in our Con-
stitution. I am not disposed, however, to have an infidel hold the posi-
tion of Governor of this State. But whilst that is my individual opinion,
I am not prepared to say a religious test should be incorporated into the
Constitution of the State.
Mr. R. J. DONALDSON. What denomination possessing any religion
in our country is there that does not acknowledge a Supreme Being?
Mr. R. 0. DeLARGE. I hope there is no class or sect of people who
do not acknowledge the existence of the Supreme Being ; and believing
so, I see no necessity for placing this provision in the Constitution. I
desire to be put right on this question. There are a great many races
of men, unless my information is incorrect, who do not acknowledge, or
recognize, the Supreme Being.
But I question whether it would be constitutional to insert those words
in our Constitution, believing that it will be in conflict with the clause of
the Constitution of the United States, read this morning.
Again, it has been argued that this section allows the party to explain
what they regard as the Supreme Being. I cannot see that it does. No
one can take the oath or affirmation of office who does not believe in the
existence of a Supreme Being. It might be that a person would be
compelled to conform his religious opinions according to those of the
leaders of a political party in power.
Mr. B. F. RANDOLPH. I had hoped this question was permanently
settled yesterday. The Bible says the fool saith in his heart there is no
G-qd. Well, if the Bible be true, I trust no fool will ever be elected
CONSTITUTIONAL CONVENTION. 56S
Governor of South Carolina. The principal ground of opposition ap-
pears to be because the Oonstitutioa of the United States says no reli-
gious test shall be required of any one who may be elected to office. It is
well known that when the Constitution of the United States was framed,
that religious tests were required of persons holding office|by the New
England States. Roger Williams was banished because he did not be-
lieve in certain religious tenets of that day. And all the old thirteen
States, more or less, required religious tests. It was with the view of
abolishing these tests that the framers of the Constitution introduced
that clause. But they had no idea that to require a man to believe in
the existence of God was a religious test. How can we believe that a
man who stands up with one hand pointing to heaven and the other
upon the Bible, and closing with "so help me God," does not believe in
God. If he does not believe in God, he swears to a lie. I hope this may
be retained in the Constitution. It would be inconsistent for us to
insert an oath in one part of the Constitution, which says " so help me
God," and then to say in another part that no religious test shall
ever be required. Congress m^ust have meant when they added those
words to the oath, " so help me God," that a man should believe in God.
When you find a man who does not believe in God, you find a man
whose conscience will stretch like India rubber. In his opinion there is
no God to hold him accountable for his moral conduct. I believe in hav-
ing men in ofl&ce who have conscientious scruples, and who believe there
is a God who wUl hold them accountable for their deeds.
Mr. R. C. DeLARGE. How will you discover whether the Governor
elect believes in the existence of God or not ? Do you propose to ap-
point a commission to examine into his religious belief ?
Mr. B. F. RANDOLPH. It would be very strange for a man to pro-
fess belief in God who does not entertain that belief. This, I understand,
is intended for a man who is so lost, so far gone in depravity, as to come
out boldly and deny his belief in the existence of a Supreme Being.
When a man is so far gone as that, in the name of heaven, would you
trust him to be Governor of South Carolina. I am in favor of the
amendment proposed by the gentleman from Darlington (Mr. WHIT-
TEMORE), and hope it will be adopted. I hope we will not here in
Convention brand South Carolina as being opposed to inserting in our
Constitution these words, and thus brand ourselves as atheists.
I did not intend to say a word upon this question. It is a very deli-
cate subject ; yea, it is shouldered with more of solemnity than any ques-
tion that has come before this body. I well know the hazard to which
one exposes himself, by opposing a measure like this. Indeed, I should
72
564 PROCEEDINGS OF THE
not be surprised if, with blanched cheeks and quivering lips, and glaring
eye, a hundred voices should break forth against any one who should
oppose this measure, " lo ! an atheist ! "
But, to quiet any apprehensions or misapprehensions of delegates, I
now declare (a thing which I never before in my life felt compelled to do,)
that I ever have, and do now, entertain a firm belief in the Supreme
Being, who created, and now sustains all things ; who rules over and
controls the destinies of individuals and of nations. In the dark period
through which our country has passed during the past six or eight years,
when the cloud hung over us, I have looked through the darkness, and
with implicit I'eliance upon the great Ruler of events, have exercised the
strongest faith that the glorious results would eventuate which now our
eyes behold.
But why, at this late day, incorporate this test in the Constitution of
this State ? If those who drafted and those who advocate this section
could point us to custom, which is law, then I should cheerfully join
with the delegates of this Convention, and incorporate it in our Consti-
tution. But I have looked in vain to find this test; either in the Consti-
tution of the United States, or in those of any of the thirty-six States.
It was formerly found in some of the earlier Constitutions. It was so in
that of my native State, Massachusetts. But, it must be recollected,
that was in the comparatively dark and superstitious ages, two hundred
years ago, when the Church whipped, and hung, and banished from the
country Baptists and Quakers. It was when Christians had their gibbet
upon which to hang witches, and kept their crushing machines, with
which to mash to atoms the bodies and bones of men, women, and
children even, whom they supposed to be possessed of familiar or infer-
nal spirits. But do we wish to go back to that superstitious period, and,
taking our latitude and longitude from thence, grope our way over the
foggy, boisterous waters through which our country has struggled for
two hundred years to the bright and beautiful haven which we now
occupy"? It seems to me too Pharisaical. It would seem that we are
willing to lift our eyes to heaven, and thank G-od that we are not like
other States, composed of atheists, infidels and traitors. To me it would
seem more appropriate for South Carolina to smite upon her breast and
to cry out, " Grod be merciful to me, a sinner." But why apply this test
to an individual, when we have accorded to every citizen the fullest en-
joyment of any faith or religious belief which he may adopt ?
It has been said no man can be believed who refuses to take an oath.
But we have excepted individuals and whole classes from taking the
oath. There are the Quakers, who regard it as a sin to swear ; and they
CONSTITUTIONAL CONVENTION. 565
take their authority direct from the Bible, which says, "Swear not at
all; neither by ] raven, for it is God's throne, nor by the earth, for it is
His footstool." And yet, who hesitates to believe the testimony of Qua-
kers? I had rather trust my life, and reputation, and property, to the
simple, honest affirmation of the " broad brim" than to all the oaths and
" so help me Gods" that fall flippantly from thoughtless tongues in all
our Courts. The gentleman from Orangeburg has said that belief in a
God was required of all officers in this State, under its original Constitu-
tion. What has been the result? Take the State for the last two
hundred years It has constantly denied God by crushing man, His
noblest work, to the lowest level of the brutes, and that, too, with this
sacred clause in its Constitution. Again, declaring my firm belief and
abiding confidence in the true and living God, I hope we shall not
feel compelled to go back two hundred years, and drag forth from that
austere, relentless age this effete, obsolete test, and incorporate it in the
new Constitution of South Carolina.
Mr. C. P. LESLIE. Up to this time it has cost, by figures, $800 to
get God out of the third section of the report of the Committee on the
Executive Part of the Constitution. I am a sinner, and expect to con-
fe.ss it in a reverent way. I do so seriously. But while I am a sinner,
and while I am not ashamed to confess it, I do believe in a God ; I do
Relieve in a Supreme Being, and I do believe that He controls all events
that govern us as a people. When the winds and the storm comes in
the night and overtakes the people, when armies are summoned and
meet in deadly conflict, then it is that man turns with a conscientious sat-
isfaction to the thought that the God of battles and of justice will deter-
mine for the right. It is on occasions like these that the Christian, and
even the sinner, may turn with a consolation and a satisfaction that to
the great God that controls the events of nations and of the world he
looks for the final triumph of right.
I would not say an unkind word to any man who has seen fit to make
an argument against this provision of the section requiring belief in the
existence of a Supreme Being. But I declare before God, who witnesses
me now and hears every word I say, that I was not prepared to believe
that a man could be found in this Convention, or outside of this Con-
vention, in the nineteenth century, in an age when we claim to be civil-
ized, and in an age when every day makes manifest to us the continued
mercies of a kind Providence, by whom we are allowed to breathe and
live, and enjoy the blessings of life, I say I was not prepared to believe
that any civilized being would have dared to have said what these men
have uttered on this floor. Great God, sinner as I am, I would no sooner
566 PROCEEDINGS OF THE
have asserted that I did not believe in the great Jehovah than I would
have denied my own existence.
I know, in the stormy years gone by, I have watched the overrulings
of Providence, and in every result of a battle my conviction and judg-
ment has been strengthened in the superintending hand of a Supreme
Being. The next two years will, perhaps, be one of turbulence and dis-
cord. We are upon revolutionary times to-day, and the man who takes
the Executive office, who cannot hold up his hands and ask God to help
him, who cannot look to his Father in heaven to ask his counsel, and to
enable him to execute the laws without enmity to any, without malice,
has taken the first direct step to those dark, mercurial regions, from
which there will be no return. When a man declares that he does not
want in these times to rely upon God, that man, I believe, is demented,
has lost his reason, and is unfit for any office whatever.
There is another class of men who have tried to appeal to the pas-
sions of the delegates as against God. I have seen those passions ap-
pealed to. I never supposed that any delegate would undertake to
appeal to the political prejudices that anybody has against God.
There is another argument used here. Every time a proposition of
relief is oiFered for the people, or anything done that looks well as a
Christian people, some delegate jumps up from the back part of the
hall, or in front, and cries out, "Mr. President, this is unconstitutional. ""
My friend from Fairfield (Mr. RUTLAND) in his arguments, in his
anxiety that we should do nothing of a legislative character that was
unconstitutional, has always quoted in full some clause of the Constitu-
tion of the United States which might be in conflict with our action, but
this morning we heard a new version of the Constitution, and it was
left, seemingly, to a Charleston politician to prove that it was unconstitu-
tional to put God into the Constitution. I believe there was no other
politician in the world from whom we could have expected such a pro-
position. I want as many Charleston politicians to vote the way they
have been talking as they can muster. I want the world to see them,
to loathe them, to look upon them with contempt, and if they come into
our society, I want them to be driven out. I don't want to see them ■
don't want to know them. I want them to be known as unworthy of a
seat in this Convention, or anywhere else in civilized society.
Mr. E. W. M. MACKEY. Did you not make a request ito have them
come up to Barnwell and help you in your election ?
Mr. C. P. LESLIE. What I did at Barnwell has nothing to do with
their taking God out of the Constitution. The Charleston politicians
are excessively important people, a remarkable people, and if it were
CONSTITUTIONAL CONVENTION. 56?
aot for Charleston politicians, the people and the whole State of South
Carolina would sink out of sight, go down and never be heard of again.
Mr. B. ¥. WHITTEMOEE. We have acknowledged in our Bill of
Rights that we are grateful to Almighty Q-od for preserving our nation,
and I am well aware that we have adopted a clause of a section that has
the same effect as the words that have occasioned so much debate this
morning. Perhaps, if I had been wise, I should simply have offered an
amendment, beginning where that clause ends. We have also in sections
of the Bill of Rights declared that no " person shall be deprived of the
right to worship God according to his own conscience." We have in a
isection of the Executive report required an oath, or affirmation, of a
person taking an office, which closes with " So help me God;" and in
that we have recognized the existence of a Supreme Being. No person
can, therefore, become an officer without taking that oath ; and if in
taking it he acknowledges an overruling Deity, and the necessity of
calling upon that Deity for assistance, why should we stagger at a sec
tion that recognizes our dependence upon a Supreme Being ? It is no
matter what a person believes that Supreme Being to be. The Indian
believes in the Great Spirit, and different nations have their peculiar
deities, and worship them as a Supreme Being. When the oath is taken,
it is taken in accordance with their peculiar views of a Supreme Being.
Much has been said with regard to the disavowals by South Carolina
of the manhood of man, but it appears to me there has been too much
disavowal of the Deity by the nation at large, and it was not until after
it had passed through a terrible conflict and bloodshed all over the land
that the people acknowledged the necessity for their trust in God. And
now if we look upon the coin as it passes from hand to hand, we see
inscribed thereon, " trust in God." Shall we, in forming a new Consti-
tution, thrust out of that instrument our belief in a Supreme Being ? 1
trust every man will allow the section to pass, and require not only of
the Governor of the Commonwealth, but of every man elevated to office
to acknowledge his belief in an overruling Providence. God forbid we
should ignore him here to-day. As has well been said, we know we
stand in the midst of troublous times, as it were upon a crater, and we
know we must look to a higher than an earthly power for a deliverance
from our troubles. I trust that we, in whose hands is confided all the
power of making the new laws, will not refer to old South Carolina, or
old Massachusetts, but lead the people to look forward to what new
South CaroKna shall be, will move forward in accordance with our high
sense of duty, and pass the section recognizing our dependence on the
Supreme Being. I ca,re not whether you accept the substitute proposed
S6» PROCEEDINGS OF THE
by myself, or the section as it stood. I trust bo man will saffer himself
to blot from existence an acknowledgment of the responsibility which
he holds towards God, and of requiring from the officers of the State?
whoever they may be, an acknowledgment of the same responsibility to
an overruling Providence.
Mr. W. E. JOHNSTON. This appears to be one of the greatest
questions ever brought up in the house. I hope the seetion, or the sub-
stitute of the gentleman from Darlington (Mr. WHITTEMOEE) may
be adopted.
One of the gentlemen from Charleston has said that the words " Su-
preme Being" are unconstitutional.. I have not been able to come to-
his conclusion, but think I have, finally, ferreted out the ideas and
wishes of those gentlemen, and have drawn up a resolution that may
settle the legal question involved. I offer the following :
Resolved, That the Governor, nor any other man, shall hereafter be
a professor of Judaism, Mohommedanism, Christianity, or Mormonism,
I move the previous question. '
The call for the previous question was not sustained.
Mr. E. H. CAIN. I trust it will not be necessary to prolong a dif*-
cussion on a question that certainly is so clear to the mind of every gen-
tleman on this floor as the propriety of retaining, in the Constitution of
our State, an acknowledgment of the existence of a Supreme Being, as
well as the recognition that every person occupying a place of so much
note to the interests of the State as that of Governor should be, at least,
a person recognizing the existence of God.
I hardly believe even the gentlemen who have argued the question on
the other side are prepared to drag God out of the Constitution of the
State. I thint it highly necessary that persons occupying prominent
public positions should certainly have a belief in the existence of an over-
ruling power. If we take away this idea, we snap the foundations of
our Government. It seems to me, such a precedent would be dange-
rous to reason and justice, and dangerous to society at large. Take God
out of the Government, and we shall have anarchy, bloodshed, and
crime of every class and every kind stalking abroad at noon-day and at
midnight. There will be no security for society, no security for the
sacred relationship of life, no security of law, no security anywhere.
We shall have midnight assassinations. An individual who disbelieves
in the existence of a Supreme Being is a dangerous man in the commu-
nity, and into whose hands the people should not intrust their interests.
If a man fear not God, he cares little for mankind. What oath will
CONSTITUTIONAL CONVENTION. ^69
bind him, what law rests in him, or what law will keep him in due
iDOunds, if he regards not the A.lmighty ? A man who calmly and reason-
ably, under no excitement, disbelieves in the existence of a God, cannot
be trusted with any interest dear to mankind. If you will admit this
hypothesis, we shall only inaugurate or set in motion a theory destructive
of all our social interests. It was this idea of the existence of a God
that moved the Pilgrim fathers to leave the shores of England on the
-'May Flower." and take their winding way over the ocean to Plymouth
Rock. There they laid the foundation, sure and steadfast, which has
given prosperity to our nation, and redounded to the glory and honor of
American citizens, inviting, as it did, all to come and take shelter under
its benign influence. I cannot see why any one should desire to have
this acknowledgment of a Supreme Being stricken out. Do you not
take the Bible in your schools? Are not your children instructed upon
this point ? It is one of the most glorious features of the EngUsh Gov-
ernment that, in every place where her flag floats, there the Bible is car-
ried. It was this idea of the existence of God impressed upon the minds
of the people tliat has made all civilized nations great, glorious and pros-
perous.
I know it has been said by some gentlemen on the floor that this is not
necessary. One gentleman from Charleston said it was unconstitutional.
T think this idea of the existence of God was before there ever was any
Oonstitution. The existence of God seems to take priority. But I will
not detain the Convention. I believe the delegates on this floor are pre-
pared to vote on this question, that no person who denies the existence of a
Supreme Being shall be ehgible to the otfice of Governor. I submit the
question for your consideration. Keep the banner still flying, keep
bright the idea, and children of unborn generations will have reason to
bless you for not throwing away this great strength and power.
Mr. C. M. WILDER called for the previous question, which was sus-
tained.
The substitute of Mr. WHITTEMOEE was then taken up and adopted.
The main question being put, it resulted afiirmatively. and section
third, as amended, was passed to its third reading.
The ayes and nays, being ordered, were taken, and resulted as fol-
lows :
Yeas — The President, Messrs. Allen, Arnim, Becker, Bell, Bowen,
Bonum, Brockenton, Bryce, R. H. Cain, E. J. Cain, Camp, Coghlan,
Chamberlain, Chestnut, Clinton, Cooke, Collins, Corley, Craig, Crews,
Darrington, Davis, DeLarge, Dill, Donaldson, DriflBe, Duncan, Edwards,
Foster, Gentry, Gray, Harris, J. N. Hayne, H. E. Hayne, Chas. D.
S'70 PEOCEEDINGS OF THE
Hayne, Henderson, Holmes, Humbird, Jacobs, Jenks, Jervey, Jillson.
S. Johnson, W. B. Johnson, J. W. Johnson, L. B. Johnson, W. E.
Johnston, Joiner, Henry Jones, Chas. Jones, Lang, Langley, Samuel
Lee, Lomax, Leslie, Mayer, Mauldin, W. McKinlay, McDaniels, Mead.
Middleton, Milford, Nance, Nelson, Neagle, Nuckles, Parker, Pillsbury,
Randolph, Eainey, Ransier, Rivers, Rose, Rnnion, Rutland, Sanders,
Shrewsbury, Smalls, Swails, Thomas, Augustus Thompson, B. A.
Thompson, S. B. Thompson, Viney, Webb, Whittemore, White, Wil-
liamson, P. E. Wilder, Chas. M. Wilder, Wingo, Wooley — 93.
Nats — Messrs. Alexander, Byas, Elliott, George Lee, E. W. M-
Mackey, Owens, Wright — 7.
Absent — Messrs. Boozer, Burton, Cardozo, Dickson, Dogan, Goss?
Hunter, Hurley, Jackson, W. J. McKinlay, Miller, Moses, Nash, Newell.
Olsen, Perry, Robertson, Richmond, Sasportas, Stubbs, Whipper — 2L
Mr. E. B. ELLIOTT, before the qjiestion was taken on the above?
asked and obtained leave to explain his vote, and said yesterday an
amendment was offered to that section, which was intended to make an
exception of those who were in the State at the first election, that is
before the ratification of this Constitution. I move to indefinitely post-
pone that amendment. To-day, when this substitute was presented, the
same exception was contained in that substitute. That is the reason I
O9.unot vote in its favor. I am in favor of the acknowledgment of the
Supreme Being, but against that provision of the section which makes
an exception of those in the State at the ratification of the Constitution.
I, therefore, vote "No." ,
Mr. R. C. DeLARGE moved that the vote whereby the substitute was
adopted be reconsidered, and the motion to reconsider be laid upon the
table, which was agreed to.
Brevet Major-General E. R. S. Canby and Captain Caziarc here en-
tered the hall.
The PRESIDENT introduced the General to the Convention as fol-
lows ;
Gentlemen of the Convention, I have tbe honor and pleasure of intro-
ducing to you Brevet Major-General E. R. S. Canby, Military Commander
of the Second Military District, a gentleman whose efficiency, judgment
and courtesy, in the discharge of the onerous, responsible duties en-
trusted to him, has met the approval of the citizens of both the States
under his control.
Brevet Major-General E. R. S. Canby rising, was greeted with warm
applause. He returned his thanks to the Convention, and resumed his
seat alongside the President.
CONSTITUTIONAL CONVENTION. 571
On motion of Mr. E. C. DeLAEGtE, the Convention took a recess of
five minutes to pay their respects to the General.
Business being resumed, sections four, five, six, seven and eight were
passed to their third reading without debate.
Section nine was read as follows :
In case of the removal of the Governor from his office, or his death,
resignation, removal from the State, or inability to discharge the powers
and duties of the said office, the same shall devolve on the Lieutenant
Governor, and the General Assembly, at its first session after the ratifi-
cation of this Constitution, shall, by law, provide for the case of removal,
death, resignation, or inability, both of the Governor and Lieutenant
Governor, declaring what officer shall then act as Governor, and such
officer shall act accordingly, until such disability be removed, or a Gov-
ernor shall be elected.
Mr. B. F. WHITTEMORE moved to amend on sixth line by inserting
the words "shall have been" instead of the word " be," which was
adopted, and the section so amended was passed to its third reading.
Section ten was taken up, and Mr. F. J. MOSES, Jr., ofiered the fol-
lowing substitute :
Section 10. The Governor shall be commander-in-chief of the Militia,
and other military organizations of the State, except when they shall he
called into the actual service of the United States.
Mr. E. W. M. MACKEY moved to strike out the words " and other
military organizations."
Mr. B. 0. DUNCAN. There is such a thing as volunteer companies
that are not included in the militia.
Mr. L. S, LANGLEY. Will the gentleman inform us what those
organizations are if they are not military ?
Mr. B. 0. DUNCAN. Volunteer companies have formerly existed in
the State, and will exist in the future, but I do not think they properly
can be included in the volunteer organization.
Mr. R. G. HOLMES. Volunteer companies will certainly go under
the head of militia.
The question then being taken on the amendment of Mr. MACKEY,
and agreed to, the section, as amended, was passed to its third reading.
Section eleven was passed to its third reading without amendment.
Section twelve received its second reading as follows :
He shall take care that the laws be faithfully executed in mercy.
73
,Vi2 PROCEEDINGS OF THE
Mr. E. Ct. holmes. I move that the words "in mercy" be stricken
out.
Mr. E. W. M. MACKEY. I move to strike out the whole section.
Mr. L. S. LANGLEY. I hope that motion will be voted down. It
seems to me that the history of the past two or three years furnishes
every reason why we should retain this section in our Constitution. It
simply says the Governor shall take care that the laws shall be faithfully
executed, and unless we intend that the Governor shall not execute the
laws we should retain the section.
Mr. E. W. M. MACKEY. Does not the gentleman know that the oath
of office prescribed in the legislative department requires every officer to
swear that he will faithfully execute the duties of his office ?
The question was taken, and a division of the house being called for,
it was decided in the affirmative.
Sections thiiteen and fourteen were passed to their third reading with-
out amendment.
Section iifteen was read as follows :
The Governor shall, from time to time, give to the General Assembly
information of the condition of the State, and recommend to their con-
sideration such measures as he shall judge necessary or expedient.
Mr. N. G. PAEKEE moved to add to the section, after the word " ex-
pedient" in the third line, as follows : • The General Assembly, at its
first session after the adoption of this Constitution, shall elect an Adju-
tant and Inspector General, whose term of office shall be the same a^
that of the Governor, and whose pay shall be provided for by law,'"
which was agreed to.
Section sixteen was read as follows ;
Sectioit 16. He may. on extraordinary occasions, convene the General
Assembly ; and, should either house remain without a quorum for five
days, or in case of disagreement between the two houses with respect to
the time of adjournment, may adjourn them to such time as he shall
think proper, not beyond then next ensuing.
Mr. N. G. PAEKEE moved to postpone the filling up of the blank
until the last day of the session.
Mr. E. J. MOSES, Jr. I move to recommit this section. It appears
to me to need a little alteration. I do not believe the Governor ought to
have the power to discharge the house if there is no quorum in five
days.
Mr. L. S. LANGLEY. I move to fiU the blank as follows, " to the
next regular annual session then next ensuing."
CONSTITUTIONAL CONVENTION. 5*^5
The motion was not agreed to.
Mr. F. J. MOSES, Jr. I move to fill the blank with " the first day
of the next session."
Mr. L. ^. LANQLEY. I move to fill it with "may adjourn them to
the next regular session."
Mr. E. W. M. MACKEY. If the Legislature assembles at the regu-
lar session, a quorum is not present, and the Governor has the power to
adjourn them over until the next session, would it not give him the
power to adjourn them for the entire year. 1 think it is giving the
Oovernor too much power.
Mr. L. S. LANGLEY. If the Legislature of the State should meet
in extra session, it would be on the call of the Governor, and his power,
therefore, to adjourn them to the next regular annual session, would not
be detrimental to the State.
Mr. E. C. DeLAEGE. I would like to know whether the gentleman
has been reading English history lately.
Mr. L. S. LANGLEY. That question is irrelevant to this subject.
Mr. L. S. LANGLEY'S amendment was disagreed to.
Mr. B. 0. DUNCAN. I move to insert these words, " the time of the
annual session." The amendment was agreed to, and section sixteen
passed to its third reading.
Section seventeen was read as follows :
'' He shall commission all officers of the State."
Mr. R. B. ELLIOTT moved to add " by and with the advice and
consent of the Senate."
Mr. E. G. HOLMES. I move to add " all officers of the State holding
by commission."
Mr. E. C. DeLAEGE. If the State Senate should not be in session
how would it be possible for the officers of the State to be commissioned ?
Mr. C. C. BOWEN. I am opposed to the section as it stands. If
the people elect a man, it is a commission. I will admit that, if the
office is held by appointment, it would be necessary for the Governor to
issue a commission, but in all cases of election by the people I see no
necessity. The election returns, regularly made, will be, in my opinion,
commission enough. If you pass this section as it is, all Justices of the
Peace and Constables elected by the people cannot serve a process, unless
he has a commission from the Governor. If the Governor happens to
be absent, much time is lost in getting the commission.
Mr. B. F. WHITTEMOEE. I move to insert after the word State,
" He shall commission all officers of the State by him appointed, or those
appointed by the General Assembly."
«r4l PKOCEEDINGS OF THE
Mr. C. M. WILDEE. I move that the entire section be stricken out,
Mr. H, E. HAYNE. I cannot see the propriety of striking out the
whole section. Officers of the State militia, appointed by the Governor,
would certainly like to have a commission to show that they had been
duly appointed as commissioned officers of a regiment of company. I
move to indefinitely postpone the motion of the gentleman from Ricjiland.
The motion to postpone indefinitely was agreed to.
Mr. B. O. DUNCAN. I propose the following amendment as a sub-
stitute: "He shall commission all officers of the State appointed by the
Executive, or chosen by the General Assembly."
Mr. J. S. CRAIG. If the Governor is not to commission the officers
of the State, what evidence would they have of their election to any
office. Suppose a question is raised, how would it be settled? I think
every officer should have the Governor's commission, as a warrant of
authority to act.
The PRESIDENT stated that the question of striking out had been
decided in the negative. ''P JJ^-fii
The question was then taken on th6' motion to insert, "holding by
commission."
The next question was on the amendment oft'ered by Mr. WHITTE-
MORE.
Mr. J. S. CRAIG. I hope the Convention will vote down every
amendment to this section. Some of the amendments propose that only
certain officers shall be commissioned. I think every officer elected by
the people, as well as those appointed, should have the Governor's com-
mission as their warrant of authority. I consider it very important that
every officer should be commissioned. In every State of the Union
commissions are issued to every officer, from Constable up.
Mr. L. S. LANGLEY. Would the gentleman like to have members
of the Legislature commissioned by the Governor ?
Mr. J. S. CRAIG. Members of the Legislature have a certificate of
election.
Mr. J. M. RUTLAND. I agree with the gentleman from Colleton.
I really think Sheriffs, Clerks of Courts, Ordinaries, Commissioners in
Equity, District Judges, and all such officers, should have their commis-
sions from somebody, to show by what authority they are exercising their
offices. If they do not obtain them from the Governor, I do not know i
from what source they are to obtain them. It is a very easy matter to
do so. These commissions can be struck off in a blank. It is not con-
sidered a very heavy tax. I am in favor of the section as it is, and hope
the Convention will pass it. The question being taken on the proposed
CONSTITUTIONAL CONVENTION. 5^5
amendments, they were decided in the negative, and the seventeenth
section passed to its third reading.
Section 18. There shall be a Great Seal of the State, for which the
General Assembly, at its first session, shall provide, and which shall be
used by the Governor oificially, and shall be called "The Great Seal of
the State of South Carolina."
Mr. K W. M. MACKEY. I move to strike out this section, for the
reason that a similar section occurs in the Miscellaneous Provisions of
the Constitution, which, I think, is the right place for it.
Mr. C. C. BOWEN. I hope the section will not be stricken out, as 1
think this is the proper place for it. We are now' considering the re-
port to which the gentleman has alluded.
Mr. D. H. CHAMBERLAIN, I think we can, with great propriety,
let it stand where it is. It provides a seal. for. the Governor of the
iState, and we are now providing in this part of the Constitutipn for the
efficient discharge of the duties of the office of Governor.
The motion to strike out was decided in the negative.
Mr. C. C. BOWEN moved to strike out on the' first line the word
•' Great," which was agreed to, and the section then passed to its third
reading.
Section nineteenth was read, as follows :
Section 19. All grants and commissions shall be signed by the Gov-
ernor, countersigned by the Secretary of State, and sealed with the
Great Seal.
Mr. E. W. M. MACKEY. I propose the following substitute : "AH.
grants and commissions shall be issued in the name and by the authority
of the State of South Carolina, sealed with the Great Seal, signed by the
Governor, and countersigned by the Secretary of State."
The substitute was agreed to, ^nd the lection passed to a third reading.
Section twentieth was read, as follows :
Section 20. The Governor and the Lieutenant Governor, before enter-
ing upon the duties of their respective offices, shall, in the presence of
the General Assembly, take the following oath of allegiance and qualifi-
cation, and also the following oath of office :
Oath or Affirmation of Allegiance and Qualification. — "I do swear
(or affirm) that I am duly qualified, according to the Constitution of this
State, to exercise the office to which I have been elected ; that I will pre-'
serve, protect and defend the Constitution of this State and that of the
United States, and that I will not, directly or indirectly, do any act or
thing injurious to the Constitution or Government thereof, as established
St& PROCTBEEflNGS OF THE
by this Convention. (If an oath}, So help me God. (If an affiirma-
tion), under the pains and penalties of perjury."
Oath or Affirmation of Office. — "I do solemnly swear (or affirm) that
I will faithfully discharge the duties of the office of G-overnor (or Lieu-
tenant Governor) for the State of South Carolina, and will therein do
equal right and justice to all men, to the best of my judgment and abili-
ties, and according to law. (If an oath). So help me God. (If an
affirmation), under the pains and penalties of perjury."
Mr, B. F. WHITTEMOEE moved to transpose ; " I will protect and
defend the Constitution of the United States and this State," which was
agreed to.
Mr. B. O. DUNCAN moved to amend by striking out all of the see-
tion after the words "General Assembly," and inserting these words,
" take and subscribe the oath of office as prescribed in article I, section
thirty-first, of this Constitution," w^hich was agreed to, and the section,
so amended, passed to its third reading.
Section twenty- first was read a second time, and passed to a third
reading, as follows :
Section 21. The Governor shall reside at the capital of the State ; but
during the sittings of the General Assembly he shall reside where its
sessions are held, except in case of contagion.
Section twenty-second was read, as follows :
Sectiok 22. Every bill which shall have passed the General Assembly,
shall, before it become a law, be presented to the Governor; if he ap-
prove, he shall sign it ; but if not, he shall return it, with his objections,
to that House in which it shall have originated, who shall enter the ob-
jections at large on their journal, and proceed to reconsider it. If, after
such reconsideration, a majority of the whole representation of that
House shall agree to pass the bill, it shall be sent, together with the ob-
jections, to the other House, by which it shall likewise be reconsidered ;
and if approved by a majority of the whole representation of that other
House, it shall become a law. But in all such cases the votes of both
Houses shall be determined by yeas and nays; and the names of the
persons voting for and against the bill shall be entered on the journal of
each House respectively. If any bill shall not be returned by the Gov-
ernor within five days (Sundays excepted) after it shall have been pre-
sented to him, the same shall be a law in like manner as if he had signed
it. And that time may always be allowed the Governor to consider bills
passed by the General Assembly, neither House shall read any bill on
the last day of its session, except such bills as have been returned by
the Governor as herein provided. '
Mr. C. C. BO WEN ofi"ered the following as a substitute for the twenty-
second section, which was agreed to, and the section passed to its third
CONSTrrUTIONAL CONVENTION. SW
ffeadlng: " Every bill or joint resolution which shall have passed the
General Assembly, except on a question of adjournment, shall, before it
becomes a law, be presented to the Governor, and, if he approve, he shall
sign it; if not, he shall return it, with his objections, to the House in
which it shall have originated ; which shall enter the objections at large
on its journals, and proceed to reconsider it. If, after such reconsidera-
tion, two-thirds of that House shall agree to pass it, it shall be sent,
together with the objections, to the other House, by which it shall be
reconsidered, and, if approved by two- thirds of that House, it shall have
the same effect as if it had been signed by the Governor; but in all such
cases the vote of both Houses shall be taken by yeas and nays, and the
names of the persons voting for and against the bill or joint resolution
shall be entered on the journals of both Houses, respectively. If a' bill
or joint resolution shall not be returned by the Governor, within three
days after it shall have been presented to him (Sundays excepted), it
shall have the fame force and effect as if he had signed it, unless the
General Assembly, by their adjournment, prevents its return, in which
«ase it shall not have such force and effect, unless returned within two
days after their next meeting."
Mr. E. W. M. MACKEY called up the report of the Judiciary Com-
mittee.
The PRESIDENT announced the following Special Committee, ap-
pointed under a resolution adopted by the house to draft an Ordinance,
prescribing a mode in which the Constitution shall be submitted to the
people for ratification, and providing for election of State officers :
Messrs. E. W. M. MACKEY, of Orangeburg ; E. L. CAEDOZO, of
Charleston; A. C. RICHMOND, of Berkley; H. E. HAYNE, of Marion;
Dr. J. C. NEAGLE, of York ; J. J. WRIGHT, of Beaufort; B. 0.
DUNCAN, of Newberry; JOS. H. RAINEY, of Georgetown; Dr. N. J.
NEWELL, of Anderson.
On motion of Mr. C. P. LESLIE, and without further action on the
first section of the Judiciary report, the Convention adjourned.
THIRTY-SIXTH D^Y.
Wednesday, Fe1l>ruary S6, 1868.
The Convention assembled at half-past 10 A. 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 Tuesday was read and approved.
The PEESIDENT called for reports of Standing Committees.
Mr. S. A. SWAILS made a report of the Committee on Eules and
Eegulations, on a resolution changing the time of sittings of the Conven-
tion, so as to meet from half-past ten to two o'clock every day, and from
half- past seven to ten every night. The Committee recommend that the
resolution be laid upon the table.
Mr. B. 0. DUNCAN. I hope the report of the Committee will not
be adopted. I think we are getting along altogether too slow, and have
been here much too long for the interests of the country we represent-
X wish to have an evening session.
Mr. J. M. EUNION. I hope the report will be voted down, and that
we will have two sessions a day.
Mr. E. C. DeLAEGE. I desire to expedite business ; but while in
favor of lengthening the daily sessions to five hours, I am opposed to
an evening session.
Mr. J. J. WEIGHT. I hope the report will not be adopted, and that
we shall have two sessions. I think it is ample time that we were get-
ting through with this work, and we are all aware that the work is not
going on as fast as it ought to go on ; perhaps all of us do not exactly
realize the situation we are occupying before the country. In facilitating
this business it may be the salvation of the entire people. We cannot
meet and counsel with each other too often. We cannot give too much
of our time to this work. The more we are together, the more we talk
matters over ; the more we exchange opinions with each other, the better
we are prepared to mature our work. I hope, for the sake of our con-
stituents and ourselves, and the entire people of the State, we will not
adopt the report of the Committee, but have two sessions. Gentlemen
say they desire time to labor at home ; we have ample time for that and
yet have two sessions, if we would spend our leisure time at home after
leavingtthe_Convention.
CONSTITUTIONAL CONVENTION. 57&
Mr. J. S. CRA-IGr called for the yeas and nays on the motion for the
adoption of the report.
The yeas and nays were taken, and resulted as follows ;
Yeas — Messrs. Arnini, Becker, Bowen, Bonum, Burton, Brockenton,
Byas, F. J. Cain, Chamberlain, Collins, Crews, Davis, LeLarge, Dill,
Donaldson, Driffie, Elliott, Foster, Gentry, Gray, Harris, J. N. Hayne,
C. D. Hayne, Jenks, Jervey, Joiner, Henry Jones, Lang, Langley, Lo-
max, Leslie, Mayer, Mauldin, W. J. McKinlay, W. McKinlay, McDan-
iels, Mead, Miller, Moaes, Nance, Nelson, Nuckles, Owens, Pillsbury,
Bansier, Richmond, Rivers, Sanders, Stubbs, Thomas, Thompson, Viney,
Webb, White, Wingo— 55.
Nays — The President, Messrs. Allen, Alexander, Bell, Bryce, Camp,
Coghlan, Chestnut, Clinton, Cooke, Corley, Craig, Darrington, Duncan,
Edwards, Goss, H. E. Hayne, Henderson, Holmes, Jacobs, Jillson, Saml.
Johnson, W. B. Johnson, J. W. Johnson, L. B. Johnson, W. E. John-
ston, Chas. Jones, George Lee, Samuel Lee, Middleton, Milford, Neagle,
Newell, Parker, Randolph, Rainey, Robertson, Runion, Rutland, Sas-
portas, Smalls, Swails, B. A. Thompson, S. B. Thompson, Whittemore,
Williamson, F. E. Wilder, Chas. M. Wilder, Wooley, Wright— 50.
Absent — Boozer, R. H. Cain, Cardozo, Dickson, Dogan, Humbird,
Hunter, Hurley, Jackson, Mackey, Nash, Olsen, Perry, Rose, Shrews-
bury, Whipper — 16.
Yeas 55, nays 50 ; absent 16.
Mr. R- C. DeLARGE asked leave to explain his vote, which the house
refused.
Mr. R. C. DeLARGE asked permission not to vote, which was refused?
and he voted nay.
Mr. C. P. LESLIE also asked permission of the house to explain his
vote, but it was refused, and he voted aye.
Mr. C. P. LESLIE moved a reconsideration of the vote whereby the
report of the Committee on Rules and Regulations was adopted. Pend-
ing this, the President announced the presence in the Convention of
Bishop Janes, of New York, and introduced him to the Convention.
Mr. C. P. LESLIE. A few moments ago when the report of the
Committ3e was read, I sat iu my place and opposed it.
I say if there was such a thing as deadly opposition to the report of a
Committee, then I am deadly opposed to this. I did not suppose there
was a member of the house who, when the yeas and nays were called,
would announce to the people of this State that they were in favor of
sitting here, leeching upon the people, and drawing one dollar more
than was absolutely necessary.
Every one knows it is necessary to discharge our duties as quickly as
74
SfSO^ PEOCEEDINaS OF THE
possible. It was astonishing that any man would have it go to the w^orl^
that he wanted to continue to- sit here indefinitely, so as to get the last dol-
lar or the last cent from the poor unfortunate people of the State ? We
raust know how sensible men will look at it, and it behooves us to act
with sense and judgiitent. We may not be able to get as much money as
some of us want •, but I will vote i ight, vote for justice, vote on the side of
the people, and for the interest of the party. I desire that we shall her
above the suspicion of our enemies that we are working to get the last dol-
lar or the last cent out of the Treasury. What will be said of us at a time
like this, when everybody is watching our action, when we are appealed
to by our friends to hurry up, if we postpone the business and vote for
only one session a day V Whoever desired to vote against two sessions,
I want their names published, so that the people of the State can mark
them down as they deserve to be marked. I hope every man who wants
to do what ia right will vote against that report.
There are some members of the body always ready to give a conven-
ient excuse for everything they do. They are Conservative when it is
policy to be Conservative, and they are the most Radical men in th&
world when it is policy to be Badical. These same men were able to
twist their conscience which ever way it suited them, and they were
always trying to prove nothing could be gained by two sessions. But
when it came to be figured up it means : "I want the last eleven dollars-
I can get." That was just what it meant, and nothing else. These
men, who have no earthly business to engage in at home, want to stay
here and get their per diem.
Mr. K. C. DeLARGE rose to a point of order. The member wa»
speaking of the motives that induced others to vote.
The PRESIDENT said if the member on the floor had spoken any-
thing of a personal character, the party objecting could write down the
objectionable language and submit it to the house.
Mr. R. C. DeLARGE withdrew his objection.
Mr. C. P. LESLIE. I am inside the Club House to-day, and there is
no one to molest me or make me afraid. I know in my heart we are
doing wrong if we adopt the report. The laugh may be against me
because the money is against me, but if we adopt that report it will hurt
us as a party. Every dollar we take from the Treasury, unless we can
furnish a really good excuse, it will help our foes. We have been over
a month in session, and I know what our opponents will say. They will
say, •' this great ring-streaked-and-striped Convention, down at the
Club House, when there was a chance of expediting business, refused to
do it. Those fellows never had any business before, never had any
CONSTITUTIONS AL CONVENTION. 581
aaoney, and they intend to keep their hands in the State Treasury. They
kept their seats and voted solidly against a measure to facilitate and
get through their business. Until they voted '' yea," you could not get
them to look up or down, tow^ard heaven or toward the earth. I tell
you it will ring in the ears of the delegates and ia the ears of the peo.
pie of this country, and the people of the North ; and even the people of
the old Kadical State of Massachusetts will pronounce their judgment
upon us. I tell you this thing ought not to be.
-Vfr. B. F. HANDOLPH. I am favor of reconsidering the motion
■whereby the report of the Committee was adopted. I propose in a few
words to appeal to your judgment and cilm reason. While I am in
favor of reconsideration^ in the first place, allow me to say that I care
not what outsiders, rebels, or anybody else may say. I hold, we ought
to do what we conceive to be our duty. This question should be dis-
cussed on its merits. We now have one session a day. We meet at
half past 10 o'clock in the morning, and about 11 o'clock get to business.
We adjourn at half past 2. That gives us only about three hours and a
half to work. We work then about three hours and a half out of
twenty-four. Well now, it is a fact, and I defy any man upon this floor
to dispute it, the men who voted to adopt the report of the Committee
are not the working men of the Convention. They are not the working
men upon this floor. It seems to me it is a pretty nice thing to get
eleven dollars a day, if it is in bills receivable, they are now selling at
eighty-two cents ; and to come here and spend two or three hour* in the
forenoon, and then go and pass all the afternoon and evening among
our friends. Look at Congress. Congress holds in session sometimes
six months out of the year, and the greater part of the time have two
sessions a day. Nearly all the State Legislatures have very frequently
two sessions a day, and they continue in session from three to four
months in the year. I know we are neither Congress nor the Legisla-
ture, but we are a Convention of the people of South Carolina, called in
an emergency. It becomes us to do our work just as speedily as possi-
ble. Our Constitution should be before the people of South Carolina
now for their ratification. The word comes from Washington, hurry up.
I want to appeal to those men who voted against two sessions, and ask
them why they voted for only one session a day.
Mr. R. B. ELLIOTT. I regard the language of the delegate as in-
sulting. He has already charged that those who oppose two sessions a
day do not work, either in Committee or on the floor. He said, "In
fact they do not work at all." I demand that he shall either apologize
to the Convention, or take his seat.
SS2 PRQCEEDINGS OF THE
The PEESIDENT. The Ohair can scarcely deem these remarks of
so personal a nature as to require an explanation from the speaker. It
is a mere charge that the members of the Committee do not work on the
floor, or in the house at all.
The question was then taken as to whether the gentleman should be
allowed to proceed in his speech, and a division of the house being-
taken, resulted 48 to 48.
The PEESIDENT. It becomes the duty of the Chair to exercise hip.
privilege. It is impossible in a deliberative assembly to check the lati-
tude of debate so as to prevent gentlemen sometimes making remarks
that may be offensive to some gentlemen in the room. But the offence
may be committed and not intended, having arisen in the heat or excite-
ment of debate. When remarks are so offensive as to attack the per-
sonal character of any gentleman, they should always be checked. But
if the house takes notice of every little act of discourtesy in debate, not
an actual charge against the character of a member, it would be contin-
ually interrupted in its business, and no gentleman would be able to get
through his speech. The Chair, believing that the gentleman did not
intend any personal application, but was rather strengthening his argu-
ment, he is compelled to cast his vote aye, and permit the gentleman to
proceed. The casting vote is equivalent to a decision that the gentleman
has not transgressed the rules of order,
Mr. B. F. RANDOLPH. I am sure it was far from my intention to
-^ay anything which had any tendency to criminate any gentleman upon
fhis floor. No one regrets when any such thing is said more than I. Af*
the Chair has said, I must admit, sometiiaoa in the heat of debate, I may
say things which seem unreasonable. I was arguing in favor of twcf
sessions a day, and I see no reason why we should not have two ses-
sions. We can then do double the work, enable us to get through
here, and get our representatives in Congress. I submit it to the cool
and candid judgment of every delegate upon the floor, if it would not be
better to get our Constitution before the people as soon as possible.
Mr. A. J. PANSIER. I do not rise to make a speech, for I hope I
Jiave more feeling for the condition of the poor people in this State, and
take it more at heart, than to occupy the time of the house on unim •
portant questions like this. T favored the adoption of the Committee's
report, not that I was not in favor of two sessions, for I believe I had
the honor of introducing the first resolution for a prolongation of th«^
session, changing the time. We then met from 12 to 8, and at present
from half past 10 A. M. to half past 3 P. M. Therefore, my record
upon that point is as favorable as tlie gentleman from Barnwell (Mr.
CONSTITUTIONAL CONVENTION. 5S3
LESLIE), or any other member. I hops this motion to reconsider will
not prevail. It was my intention, on moving for the adoption of the
Committee's report, to make another proposition, fixing the hours of the
Convention from 10 A. M. to 2 P. M., and from 4 P. M. to 6 P. M. I
think that would meet the approbation of this house. I think we will
all agree that too much time has been wasted. I am not opposed to two
sessions, but I am opposed to meeting at 10, then adjourning at 2, and
throwing away five hours, and to coming here at 7 in the evening and
remaining until 10 at night. I object to a night, but not an afternoon,
session. I am very much tempted to make a defence of myself, and on
part of the fifty-four gentlemen who voted with me, from the ungentle-
manly assaults made by some of those who have spoken. I feel as
much for the poor people of this State as the gentleman from Barnwell.
I regard the language he used as insulting. I move to lay the motion
to reconsider on the table. ; .
The PEESIDENT. If the report is adopted, and the motion or reso-
lution which has reference to that is laid on the table, it cannot again be
taken up to-day, nor do I know any manner in which it can be taken up
at any future period. If the house refuses the present motion, then it
is in the power of the house to amend the report.
Mr. 0. P. LESLIE. Suppose this motion to reconsider the vote pre-
vails, is the hou*e in a condition to entertain any proposition which will
amend the report?
The PRESIDENT. The Kuusc can either refer it back, or amend it,
as they please.
Mr. F. J. MOSES, Jr. A motion has been made to lay the motion to
reconsider on the table. On. that question I call for the ayes and nays.
The aj'es anti nays were ordered, and resulted as follows:
Ayes — Messrs. Beoker, Bowen, Burton, Brockeuton, Byas, E. J. Cain,
Chamberlain, Collins. Crews, Davis, Elliott, Harris, Chas. D. Hayne,
Humbird, Jenks, Jervey, Henry Jones, Lang, Langley, Mayer, W. J.
McKinlay, W. McKinlay, McDaniels, Mead, Miller, Moses, Nance,
Nelson, Owens, Pillsbury, Pansier, Rivers, Sanders, Stubbs, Augustus
Thompson, Webb, White, Williamson— 38.
Nays — The President, Messrs. Allen, Alexander, Arnim, B(^ll, Bonum,
Bryce, Camp, Coghlan, Chestnut, Clinton, Cooke, Corley, Craig, Darring-
ton, DeLarge, Dill, Donaldson, Drifile, Duncan, Edwards, Poster, Gentry,
Goss, Gray, Jas. N. Hayne, Henderson, Holmes, Jacobs, Jillson, Samuel
Johnson, W. B. Johnson, J. W. Johnson, L. B. Johnson, W. E. Johnston,
Joiner, Chas. Jones, George Lee, Samuel Lee, Lomax, Leslie, E. W. M.
Mackey. Mauldin, Middleton, Millford, Neagle, Newell, Nuckles, Parker,
Randolph, Rainey, Richmond, Runion, Rutland, Sasportas, Shrewsbury,
Smalls, Swails, Thomas, B. A. Thompson, S. B. Thompson, Viney,
5S4L PEOCEEDINGS OF THE
Whittemore, F. E. Wilder, Chas. M. Wilder, Wingo, Wooley, Wright —
69.
Absent — Messrs. Boozer, R. H. Cain, Cardozo, Dickson, Dogat),
Hunter, Hurley, Jackson, Nash, Olsen, Perry, Eobertson, Eose, Whip-
per — 14.
So the house refused to lay the motion to reeouslder on the table, and
the motion to reconsider was agreed to.
Mr. R. C. DeLARGtE moved to amend the report so as to make it
read thus, " respectfully recommend that the house have two sessions, as
follows: From half past 10 A. M. to 2 P. M., and from 4 to 7 P. M."
I trust this motion will prevail. I desire to have two sessions. I am
indeed glad to find after the attempt of my colleague from Charleston
(Mr. PANSIER), to get this house to consent to have two sessions, that
the very men who so earnestly opposed it at that time, have at last be-
come convinced that they are putting their hands into the pockets of the
State Treasury too deeply. Allow me to exclaim, "oh consistency, thou
art a jewel !" I am, indeed, glad to find that a man, who professes to have
the honor to represent a district to which he does not belong, whose
conscience will allow him to charge twenty cents mileage, and give an
account to the Sergeant-at-Arms for miles he never traveled, should
have awakened to a sense of righteousness.
I am prepared to do anything ; to remain here from daylight until
dark. My only reason for voting yea on the first vote, was on account
of the discourtesy shown me by the house in refusing to let me explain
my vote. When I find an account of thirty-two dollars and nine cents
against the State Treasury, placed in the hands of the Sergeant-at-Arms
by the gentleman from Orangeburg for miles he never traveled, I think
in such a state of things we should certainly have two sessions, and
bring this Convention to a close.
Mr. B. F. RANDOLPH. I think it is due to myself, coming from
Orangeburg, to ask to what gentleman the delegate refers ?
Mr. R. C. DeLARGE. I refer to the gentleman from Orangeburg.
Mr. B. F. RANDOLPH. The charge is false.
Mr. A. J. RANSIER. I call the gentleman to order for charging a
member with falsehood.
The PRESIDENT. The Chair decides that remark entirely out of
order.
Mr. R. B. ELLIOTT. I move that the gentleman be reprimanded by
the Chair.
The motion was agreed to.
The PRESIDENT requested Mr. RANDOLPH to step in front.
CONSTITirTIONAL CONVENTION. 595
On his appearance in front of the President's stand, the latter said
that it was unnecessary Jor the Chair to say anything more than that the
inember had already heard the voice of the house on the subject. The
member's own good sense would make its own reprimand.
Mr. R. C. DeLAEGE said he held in his hand the mileage account
handed to the Sergeant at-Arms with the name of the party.
The PRESIDENT called the member to order. If any gentleman
was charged with offe'al misconduct, the charges should be reduced to
writing and presented to the Ohair,
Mr. R. C. DeLARGE continued. I trust this amendment will be
adopted, we will then have seven hours for work, and our business will
be pushed forward. I think we can work better from four to seven in
the afternoon, than from seven to ten at night.
Mr. R. B. ELLIOTT. As one who voted in favor of the adoption of
the report of the Committee, I think it due to myself to make a few
remarks. I am as anxious to have the business of this house transacted
in as speedy a manner as any other member upon the floor. I have not
wasted much of the time of this Convention in useless debate ; not us
much, I am sure, as some of the members who said this morning that
we were not anxious to get away from here. I arose this morning to
ask the gentlemen from Orangeburg a question, but he refused to allow
me that privilege. He afterwards stated that those who opposed the
two sessions, were men who did no work either in Committee or on the
floor. As one of those who opposed the resolution, I contend I am as
capable of doing as much work as that gentleman, and I consider I have
done as much. I think it comes with ill grace from that particular gen-
tleman to charge other members with doing nothing. Some of the gen-
tlemen who are so anxious for two sessions, hardly attend the one session
we have now. They spend most of their time outside instead of inside
the hall ; yet they profess to be very anxious to facilitate the business of
the Convention. They are anxious, perhaps, to have the opportunity to
make two speeches a day instead of one I am in favor ol spending as
much time as possible in transacting the business of the Convention as
anybody else. I would be willing to spend the entire day instead of three
or four hours at night. I believe it would be impracticable for us to have
a night session from seven to ten o'clock. If the resolution of the gen-
tleman from Charleston is brought up, I shall vote for it. I am in favor
of two sessions, if the hours are fixed as proposed in his amendment,
but I am not willing to come here at seven o'clock at night and sit until
ten o'clock. I do not believe there are many members who will do that,
and I think even some of the gentlemen who would vote for it, when their
5§6 PROCEEDINGS OF THE
names are called, will be absent; but I do not think it necessary to vent
our spleen by charging members who do not advocate it with being de-
sirous of taking the last dollar out of the State Treasury. I observe
those gentlemen who made the charge, are just as eager as anybody
else when the time comes to receive their pay, and they are here just as
promptly as anybody else at such times. I have not heard of any of
them giving any thing to the orphans and widows in the State. The
gentleman from Barnwell (Mr. LESLIE) declares that those who oppose
it are anxious to get the last dollar and the last cent out of the Treasury
of the State. I have simply to say, I believe he is just as anxious to
get it as anybody else. I believe the gentleman from Orangeburg would
have done better to have kept still.
Mr. B. 0. DUNCAN. I offer the following amendment: "That we
meet at ten o'clock in the forenoon, and adjourn at three o'clock ;'^
that will give us five hours. The plan proposed by the gentleman from
Charleston gives us six hours and a half.
The amendment was not agreed fo.
Mr. C. M . WILDER. I move the following amendment :
Resolved, That on and after the 27th inst., the Convention meet at
half-past ten, A. M., and adjourn at half-past one, P. M. ; and meet
again at four o'clock, P. M., and adjourn at seven.
The amendment was not agreed to.
Mr. E. J. MOSES, Jr., offered the following, which was not agreed to :
Resolved, That this Convention will hold but one session a day, which
session shall be from 3 P. M. to half past 10 P. M.
Mr. L. S. LANGLEY offered the following, as a substitute :
Resolved, That hereafter this Convention have two sessions a day : a
morning session, to begin at 10 A. M., and adjourn at 1 P. M., and an
afternoon session, to commence at 8 P. M. and adjourn at 6 P. M.
Mr. L. S. LANGLEY. I desire to say a word on that resolution. 1
was in favor of the adoption of the report of the Committee, which
recommended to lay a certain resolution on the table. I believed the
afternoon session called for by that resolution, from 7 to 10, is too long.
1 was one qf the members of the Convention who early brought for-
ward a resolution here to have two sessions a day. I offered a resolu-
tion more than three weeks ago that was referred to the Committee on
Rules and Regulations, who recommended that it be laid on the table.
Some of the meh who to-day advocated, with great warmth, two ses-
CONSTITUTIONAL CONVENTION. SS^J
sioHS, then voted to lay that same resolution on the table. It has been
■charged that some of the members who voted for the adoption of the
report of the Committee are not working members. I know we have
not all had the honor of being the acting Chairman of the Committee
on the Miscellaneous Portions of the Constitution. It was considered
equivalent to killing a measure to refer it to that Committee, of which
the (gentleman from Orangeburg has the honor to be Chairman.
Mr. B,. F. EA-NDOLPH. I object to the language the gentleman.
Mr. L, S. LANGLEY. It has been said it would facilitate the busi-
ness of the Convention by having two sessions a day. If true, I for
one would be the last member to rise in my place and object. I believe
the Louisiana Constitutional Convention, also the Virginia and Georgia
Conventions, have two sessions a day. They met a month sooner than
we did, and we find them in session to-day. I believe we have got along
with our Constitution further than any other State, save Alabama and
Florida. The gentleman from Barnwell (Mr. LESLIE) rose in his place
here, and expressed his doubts of the gentlemen who saw fit to differ
with him, and voted in favor of the adoption of the report of the Com-
mittee. I must say I doubt the sincerity of the gentleman. I do it for
this reason; he is in the habit, when he gets up, and speaking for his
people, of shedding tears, but he did not do it to-day.
Mr. C. P. LESLIE. Yes, but I don't speak one way and vote another.
Mr. L. S. LANGLEY. There is not a gentleman on this floor who
wants to facilitate the business of this Convention more than I do. As
a proof of that, I refer to the fact that I introduced a resolution for this
very purpose, and some of those gentlemen clamoring and impugning
bad.jnotive8 to others are the very ones who voted that resolution down.
[ am in favor of two sessions a day, but am opposed to having a session
after dark.
Mr. H. E. HAYNE. We have been since half past ten o'clock, and it
is now twenty minutes to one, discussing whether we shall have two ses-
sions a day or one. I think it would be economy for us to have one
long session that would be as good as two sessions. The best remedy,
perhaps, would be to do less talking, and more real working.
Mr. J. S. CEAIG. I voted on a former occasion, in the early part of
the session, against two sessions, with the view of then allowing the
Standing Committees time to prepare their work. Now, that the Com-
mittees are through, I am in favor of our devoting more time to getting
through the work of the Convention.
The previous question was demanded, and the demand sustained.
75
.58 § PROCEEDINGS OF THE
The question was then taken on the several amendments offered, and
all, with the exception of that proposed by Mr. LAXGLET, rejected.
The amendment of Mr. LAXGLET. fixing the sessions from 10 A. M.
to 1 P. M., and from 3 P. M. to 6 P. M., was agreed to.
Mr. F. J. MOSES, Jr , requested that his name be recorded against
the amendment.
Mr. B. F. EANDOLPH moved that the rote, whereby the amendment
was agreed to, be reconsidered, and that the motion fc/r reconsideration
be laid on the table, which was agreed to.
Mr. C. C. BOWEX asked leave to record his vote against the amend-
ment providing for tW'i sessions a day.
Mr. D. H. CHAMBERLAIN made a similar request.
Mr. S. A. SWAILS made a report of the Committee on Rules and
Regulations, on a resolution declaring that no pay be drawn by the
members after the fifth of March. The Committee retocamend that the
" esolution be laid on the table.
Mr. B. BYAS moved the adoption of the report.
Mr. C. C. BOWEN moved that the ayes and nays be taken, and those
voting against receiving pay after the fifth of March get no pay.
The CHAIR ruled the motion out of order.
Mr. J. S. CRAIG. I do not agree with the report as it stands, i
propose we strike out fifth and say the t«nth of March, and then adopt
the report.
Mr. J. H. JEXKS. I move further to amend by making it the twenty-
fifth of March.
Mr. S. G. W. DILL moved that the amendments be indefinitely post-
poned.
Mr. L. S. LAXGLET. I am decidedly in favor of the report of the
Committee, which proposes to lay the resolution on the table. That reso-
lution proposes that, unless we finish our work by the fifth of March,
we shall receive no pay. Why, we would in that event have no quorum,
is it to be supposed that the members would remain, incurring expenses
and receiving no pay to meet those expenses. The majority of the
members cannot afford it, though they might othersvise be willing. If
that resolution is adopted, I predict that the fifth of March will leave us
without a quorum, and unless we have framed a Constitution prior to
that time, it will fall to the ground.
Pending the further consideration of the report, the hour of one
having arrived, the Convention adjourned.
CONSTITUTIONAL CONVENTION. 5S»
AFTERNOON SESSION.
The Convention re-assembled at 3 P. M., and was called to order by
the PEESIDENT.
The unfinished business, being the report of the Committee on Rules
and Regulations, on a resolution stopping the pay of members after the
fifth of March, was taken up.
Mr. T. K. SASPORTAS. I move to amend the resolution so as to
make it the fifteenth of March.
Mr. C. P. LESLIE moved that after the tenth of March the members
of the Convention shall receive no per diem.
Mr. J. J. WRIGHT moved to lay the matter on the table.
Mr. S. Gr. W. DILL moved the indefinite postponement of the sub-
ject.
Mr. F. J. MOSES, Jr., called for the yeas and nays, which was not
sustained.
Mr. J. J. WRIGHT again moved to lay the whole matter on the table,
and the motion was agreed to.
Mr. J. M. RUNION moved to reconsider, and that the motion of re-
consideration be laid on the table, which was agreed to.
Mr. E. W. M. MACKEY moved to take up the unfinished business,
which was the report of the Committee on the Judiciary.
Mr. W. E. ROSE, Chairman of the Committee on Petitions, asked and
obtained leave to make the following report :
The Committee to whom the preamble and resolutions were referred
relative to Benjamin O'Hagan, respectfully report that they have had
the same under consideration, and no proof in the form of affidavit or
otherwise, of persons who could furnish proof having been furnished of
the truth of the matters and things alleged in said preamble and resolu-
tions, your Committee recomoaend that the same be laid on the table,
and the Committee be discharged from further consideration of the same.
Mr. L. S. LANGLEY moved that the report of the Committee be
adopted.
Mr. A. C. RICHMOND. There are facts connected with that peti-
tion which are well known, though no affidavits have been produced in
proof of the correctness of some of the statements in the petition. ^ It is
a very important fact though that a man is in jail, sentenced to be hung,
and it is generally known to all classes of people who live in the district
where the offence took place, that the petitioner is insane, and that he
would not of his own accord have become implicated or connected with
the transaction. It was hardly to be expected, though I presented the
S9J* PROCEEDINGS OF TH:B
petition, that I should run all over the country for the purpose of bricg-
ing half a dozen white persons to the Club House in this city. This
man is believed by all persons living in his section of country to be in-
nocent. I believe if the matter goes to the Governor, the sentence will
be changed very much ; but it may still leave him in jail for a long
time, whereas I think he should be released at once.
Mr. C. C. BOWEN. I am sorry to see such a total disregard of hu-
manity as is exhibited here when a man's life is in the scale. I certainly
think the case is one which demands the attention of the ConventJon^
and one not to be treated lightly. I have been informed that after the
return of a true bill in this ease, a combination was entered into with
the prosecuting attorney, by which the person who ■v^as the real perpe-
trator ?of tho crime turned States' evidence, and the petitioner, who is
regarded as non compos mentis, who happened to be present only, was put
upon trial and convicted by this States' evidence of having committed
the deed. If such are the facts, they should be brought to light. 1
hope the Convention will not lay the petition on the table, but give the
case such consideration as humanity and justice demands.
Mr. L. 8. L ANGLE Y called for the reading of the petition, which
was accordingly read by the Clerk.
Mr. L. 8. LANGLEY. On the first reading of the petition I was
unable to hear distinctly, and was not sufficiently acquainted with its char-
acter. I supposed it to be the petition of a certain individual praying the
Convention to recommend the removal of his disabilities. It was under
that impression that I made the motion for the adoption of the report.
I now withdraw my motion.
Mr. E. C. DeLARGE. I trust the ( 'onveution will consider the im-
portance of the petition presented to it. I do not khow as to whether
other members have had the advantage of knowing as much about this
case as I have. I have read everything connected with the trial. So
far as my judgment goes, I have seen no substantial reason to convict
the petitioner. I trust we shall have a thorough investigation, and I
intend to make a motion, which I trust will bo supported by every mem-'
ber of this house. I desire to do justice to a poor man who is non com-
pos mentis, an idiot. I move that this report and the petition be deferred
to the Committee on the Judiciary to investigate, and that they be empow-
ered to send for persons and papers.
Mr. R. J. DONALDSON. Is that a competent motion for this body
to entertain. I do not think we have the authority to send for persons
and papers.
Mr. B. F. WHITTEMORE. I move that the petition and report be
CONSTITUTIONAL CONVENTION. 591
•
irefeiTetl to tiie Committee on the Judiciary, and that they be instructed
to wait upon Brevet Major-General E. E. S. Canby, present the case to
him, and request such attention to it as its importance may demand.
Mr. D. H. CHAMBERLAIN. I hope the amendment of the gentle-
man from Darlington (Mr. WHITTEMORE) will not prevail. The
Judiciary Committee should report to this body, and whatever action
the Convention may take should be made known and communicated to
the Commanding General through this body officially by its presiding
officer. I am in favor of an official investigation. There can be no
harin in authorizing the Judiciary Committee to send for persons and
papers, even if they do not find authority for it. I apprehend this, like
all legi.slative bodies representing the sovereign people of the State, has
that power. But, so as to settle that question, I hope the motion to
refer tlus matter to the Judiciary Committee, with power to send for
person? aiid papers, will be adopted.
Mr. S. (x. W. DIIJ.. I claim that we have no such power, nor can
<mr Constitution be effective until after its ratification by the people. I
hope the petition will be acted upon at once.
Mr. R. B. ELLIOTT. I agree with the gantleman, and hope the pe-
tition will not be referred to any other Committee. I think it can be
acted upon without dwelling upon it any longer. It is sufficient for us
to know that a man's life is in danger. It is sufficient for us to know
even that the report which has come to us is based upon the rumor that
a man did not receive justice at the hands of the Judges who tried him,
and the petition simply asks Brevet Major-General E. R. S. Canby to
arrest the execution of the sentence of that man, for the purpose of
giving the man and his friends an opportunity to have justice done him.
I see no objection to make the request of Brevet Major General E. R. S.
Canby, and think the Convention can do it without wasting any further
time. It is only a few days ago that the Governor of the State was
compelled, from facts brought to his knowledge, to commute the sen-
tence of a man about to be hung. Efforts were made in behalf of that
man for nearly a year, during which time he was in jail under sentence
of death. A few days ago the Governor became convinced that the man
was not guilty of the crime. I hope we shall act upon this matter our-
selves without reference to any other Committee.
Ml-. C. P. LESLIE offered the following as a substitute ;
Wheekas, it is represented that Benjamin O'Hagan, of St. John's
Berkley, is now confined in prison under sentence of death, and charged,
among other things, with having committed arson ; and, whereas, the
Convention has had brought to its attention some statements which
appear to disprove the charge,
592 PROCEEDINGS OF THE'
Resolved, That this 'Convention request Brevet Major- Gfeneral E, R.
8. Canby to stay the sentence, and cause all the facts connected with the-
case to be immediately investigated, and to take such action forthwith
as will afford speedy and effectual justice.
Mr. J. M. EUTLAND. I think this is all wrong, all a mistake. I
am not opposed to doing something for this iin fortunate man, but I
think we are taking the wrong course. All smli applications as this,
according to the laws of the State, and the practice heretofore, should be
made to the Governor. It is the law in all tlie States, and even our own
Constitution in its present embryo condition gives this power to the Gov-
ernor. If this Convention desires to do anything in behalf of this un-
fortunate man, they should do it in the form of a petition to the Governor.
Mr. E. C. DeLAEGE. I would like to ask who has the supreme
power in what was once the State of South Carolina, the Governor or
General Canby ?
Mr. J. M. EUTLAND. Governor Orr is acting in this capacity, and,
to my certain knowledge, did act in a similar case the other day. General
Canby does not pretend to interfere in matters of this sort. If thit^
Convention will get up a petition, sign it, and send it to the Governor, 1
will guarantee he will respect that petition, and, no doubt, will do what
the Convention asks him to do in the premises. I admit, the military
power is supreme, and if they choose, they can take the matter in their
own hands. But, I insist, as affairs stand, the true and proper course is
to address the Governor. I will, in such a case, be among the first to
sign any paper, and I have no doubt, from his respect for this body,
from his speech delivered the other evening, but that he will do anything
reasonable the Convention may ask of him.
Mr. A. C. EICHMOND. It seems to me out of the line of our duty
to authorize a Committee to send for persons and papers. We are here
to frame a Constitution," and as these things casually come up we can
give them a respectful hearing. But I think we would do better to
adopt the amendment of the gentleman from Darlington, and refer the
whole matter to^General Canby.
Mr.' A. J. EANSIEE. I sincerly hope the substitute offered by the
gentleman from Barnwell will prevail. I regard General Canby as the
proper party to whom we should 6end'"thi8 petition, and beg his atten-
tion toj^the^matter. I^hope the petition will be sent direct to General
Canby,
Mr. C. C. BOWEN. It would be a strange proceeding to send this
petition and case to General Canby, without furnishing him with all the
in forma tionit is in our power to procure. If the Committee find suffi-
CONSTITUTIONAL CONVEISTTION. 593
«iefit grounds to ask a hearing from G-eaeral Cauby, then we can go
there ; but if, perhaps, they should find the man properly convicted, that
will be the end of it. In regard to the power of the Convention to send
for persons and paperb, I have not the slightest doubt. Nobody ever
heard of a legislative body of a State but what had the power to send
ibr persons and paptjrs. 1 hope the petition and report will be referred
io a Committee to investigate the case, before application is made to
either General Can by or Governor Orr.
Mr. C. P. LESLIE. When a man's life is in jeopardy, the remedy,
if any, is direct, immediate action. Such a case is now before this body,
and we should not lose one second of time. An honorable member
represents that a certain pkrty is confined in prison to be executed next
snonth. He further represents that the citizens in the neighborhood
believe he is unjustly in prison, and alleges certain facts. The honor-
;ible position of the gentleman from Berkley leaves no doubt in my mind
that the facts stated bv him are true. I am willing to send for persons
and papers^, but I am not willing the man's life should be kept in jeopardy
while WH are searching for wituet^ses. If we can represent to General
Oanhy that we have reason to believe that this poor man has been
wrongfully punished and sentenced, and request him to examine into
the facts, the General, in less than three days, will have the facts before
him, and justice done.
Mr. J. J. WRIGHT. There is a certain degree of dignity to which
this body is entitled, and I, for one, shall strive to maintain that dignity.
There is but one course to pursue in this matter, and that is the right
course. The gentleman Irom Fairfield (Mr. RUTLAND) says we have
no right to petition General Canby in this matter, but that Governor
< )rr has the supreme power of the State at present. We are aware of
that, aware that we are acting under certain laws of the State ; but we
must remember that wherever the Provisional Governor or the Courts
fail to mete out justice, a party has the prerogative to bring his case
before the military, and if he makes the request of this Convention, it is
our duty to forward that request to General Canby, and ask him to
make the investigation. But I hope we will first give this matter due
consideration, and that it will be referred to the Judiciary Committee,
that they may take such steps as to bring the evidence^ that will con-
vince every person here of their duty in the premises, and as to whether
or not it is our bounden duty to make the petition to General Canby to
investigate the case. I consider that course no disrespect to Governor
Orr. The civil authorities have already determined and settled this
matter, and we are to ascertain whether they have acted justly.
.5^4 PROCEEDINGS OF THE
Mr. W. E. EOSE. The Committee on Petitions had no facts before
them. They studied the matter over very carefully and eautiously, but
had no evidence of the truth of the matter stated in the petition. We
were surprised that no evidence was furnished the Committee. Major
Corbin, one of the solicitors, stated that it was impossible for anybody to
act upon the papers before the Committee, and that the mover of the
resolution should have prepared himself with the evidence to satisfy the
Committee of the truthfulness of the petition.
The question was then taken on the motion of Mr. DkLARGE to
commit the report and petition to the Ct-mmittee on the Judiciary, and
that they be empowered to send for persons and papers, and report the
result of their investigation to the house, and the motion was agreed to,
Mr. C. C. BOWEN, from the Judiciary Committee, submitted the fol-
lowing report :
The Committee on the Judiciary, to whom was referred a resolution
in regard to attorneys, and the practice of law, respectfully report that
they have had the same under consideration, and respectfully recommend
that the Convention pass the following resolution :
Resolved, That the General commanding this Military District be re-
quested to issue an order applicable to the State of South Carolina,
authorizing any attorney, solicitor, or counsellor, admitted to practice in
the Courts of the United States, or in any Court of record in any State,
and resident in this State, to appear and practice in all the Courts of this
State, and that any male person twenty-one years of age, who is a citi-
zen of the State, and who satisfies the Court of Common Pleas and
General Sessions, or District < "ourt of this State, that he possesses the
requisite learning, may be licensed to practice in all of the Courts of this
State, upon his taking the usual oath.
Mr. E. W. M. MACKEY moved the adoption of the report.
Mr. T. J. EOBEETSON. I had the honor of introducing that resolu-
tion, and a few words of explanation becomes necessary.
I have been informed that, according to the custom heretofore in South
Carolina, no attorney nor solicitor, no matter how high his standing, not
even the Hon. Caleb Cushing, can practice in our Courts without having
gone through a certain process of examination. I offered that resolution
so as to put all from this or from other States coming here on an equal
footing with the other States. No attorney could be introduced and, by
motion, admitted to practice in our Courts ; and I have witnessed an at-
torney and solicitor of the United States Court refused permission to
practice in the Court of Common Pleas and General Sessions. I want
to see this changed, so that any regular practicing attorney of any other
CONSTITUTIONAL CONVENTION. 595
State shall have the same privilege enjoyed in any other State. I hope
the resolution will meet with the unanimous consent of the Convention.
Mr. J. M. RUTLAND. The practice heretofore has been to admit,
upon a motion merely, any gentleman who was a lawyer of three year^'
standing in any State, without going through a regular examination.
[ hope the matter will be so amended, so that any gentleman who has
been practicing law for three years may be admitted without exami-
nation. If he has not practiced that length of time, it might be as well for
himself, as well as for his clients, that he should undergo an examina-
tion.
Mr. J. S. CRAIG moved to strike out the Avords " and resident in this
State." He wished citizens to have the privilege of employing counsel
from any part of the United States they desired.
The amendment was not adopted.
The questioa occurring on the adoption of the report, it was carried.
Mr. S. G. W. DILL offered the following resolution, which was re-
ferred to the Committee on Franchise and Elections :
Resolved^ That every male person over the age of twenty-one years,
shall be a good and legal voter in all elections given to the people
of this State, unless otherwise disqualified by crime, and that this State
shall recognize no other suffrage but universal.
Mr. S. G. W. DILL offered the following resolution, which was re-
ferred to the Committee on the Miscellaneous Provisions of the Consti-
tution :
Resolved by the Contention., That on the ratification of tlie Con-
stitution of this State, now forming by this Convention, that every civil
office in the State be declared vacant of its present incumbent.
Mr. S. G. W. DILL submitted the following resolution, which was
referred to the Committee on Finance :
Resolved by this Convention^ That the members of this Conven-
tion be paid from the day they left their homes until they return to
the same ; allowing them the same number of days to retui'n that it did
to come.
The unfinished business, being the consideration of the report of the
Committee on the .ludiciary, section one, was taken up
Mr. J. S. T'RAIG offered the following substitute :
The Judicial power of this State shall be vested in a Supreme Coairt,
a Court of Common Pleas, having civil jurisdiction, and a Court of
76
596 PROCEEDINGS OF THE
General Sessions with criminal jurisdiction only, and such other inferior
Courts as may be provided for by the General Assembly.
Mr. J. M. RUNION moved to amend in the third line, by inserting
*' Courts of" before Justices of the Peace, so as to read, " and in Courts
of Justices of the Peace."
Mr. N. G. PAEKER. I do not propose to discuss this matter, but to
produce some facts bearing upon the question of inserting the words
*• Courts of." I find that in the Constitutions of fifteen States of the
Union the identical words used in this section, namely, " in Justices of
the Peace." I know of no State that adopts the language *' in Courts
of Justices of the Peace." I know nothing about State Courts, but I
know there are Courts of Magistrates which Justices of the Peace pre-
side over. To insert these words, " Courts of Justices of the Peace," is
somethiog that never has existed; and in the States of Oregon, Califor-
nia, Delaware, Nevada, Ohio, I'ennsylvania, and several others, the
words are used precisely as they are here. I know this Judicial report
has received great attention, not only by the legal profession in this
body, but by distinguished legal gentlemen outside the Convention. On
a former occasion, when this section was under discussion, the proposed
amendment was opposed by the Chairman of the Judiciary Committee?
and, as the Chairman, under our rules cannot speak again upon the same
subject, I have risen for the purpose of calling attention to it. I hope
the amendment will not be adopted, but that we will govern ourselves
by precedents, and that the section will pass as it now reads.
Mr. E, B. ELLIOTT. T hope the section will be adopted as it stands
without inserting the words " Courts of," for I do not know whether in-
this State, or in a great many other States, there are such Courts as Courts
of Justices of the Peace. The section has defined in what the Judicial
power of the State shall be vested. It is just the same as the devision of
Executive power, which is vested in a Chief Magistrate. The other day
some gentlemen asked the question whether the Judicial power should
be vested in the animal, that is, in the Justices of the Peace themselves.
I say it should be vested in these very animals. A Justice of the Peace
in some States of the Union has the power to order arrest?, issue war-
rants, etc., but has no power to try a case. I think that was the object
of the Judiciary Committee in submitting this section for the considera-
tion of the Convention. I do not think the substitute of the gentleman
from Colleton (Mr. CRAIG) is a proper substitute for this section, and
I, therefore, move its indefinite postponement.
Mr. J. M. RUNION moved the indefinite postponement of the amend-
ment offered by the gentleman from Fairfield (Mr. RUTLAND), which
CONSTITUTIONAL CONVENTION. 59?
requires tlie insertion of the word " Courts?," so as to read "in CourtB
of Justices of the Peace."
Mr. L. S. LANGLEY. I hope that motion will not prevail. It seems
to me if a party is tried by a Justice of the Peace, it is the same as a
regular Court of the country. I see no objection to the word " Court"
being placed between "in" and "Justices of the Peace."
Mr. WM. J. M0KINLA.Y. I hope the motion for an indefinite post-
ponement of the auiendmeut will be voted down, Justices of the Peace
stand in the place of Magistrates, and it is not required that they should
be lawyers. In our Bill of Rights, we have given them the power to
take cagnixance of cases where the punishment does not exceed one
hundred dollars, and thirty days' imprisonment. I think it is placing
too much power in one man's hands. It is true, it provides for the right
of appeal, but after you go before the Court, and you have an oppor-
tunity to appeal, what satisfaction is it when your character is blasted ?
Mr. R. B. ELLIOTT. I move the indefinite postponement of the
substitute.
Mr. J. S. CRAIG. It seems I0 me there is a disposition here on the
part of some to vote down every proposition made V»y certain members
of this Convention. I oifered the substitute in good fnith. I believed
it was better than the original section; that it covered the whole ground
in fewer words, and was couched in better language. I think that sub-
stitute will commend itself to the good judgment of ever}' member of
the Convention.
Mr. B. BYAS. 1 am not one of those who feel disposed to treat
lightly the work of the Committee, but I hope the substitute will be
calmly considered. It appears to me to eiii brace all the gr und, and
covered by the section, and, at the same time, is in )re cjmprehensive. It
provides, in addition, that the Legislature shall establish such inferior
Courts as may be necessary, and I think this power should be left to
that body.
Mr. W. E JOHNSTON, T think we hnvr> had suffir<ient debate upon
this subjei^t, and, therefore, move the previous question.
The call for the previous question was f;ustaiaed.
Mr. C. C. BOWEN, Chairman of the Judiciary Committee. 1 have
but a word to say. In drawing up this article pains was taken to obviate
the District Courts. A few days ago, it will be remembered, a re.solu-
tion was offered requesting Brevet Major General E. R. 8. '.'an by to
abolish the District Courts, and we now find members offering substi-
tutes which wo vild revive them. The words "inferior Courts. " would
allow the Legiblature to establish District Courts.
59§ PEOCEEDINGS OF THE
The question was then taken on the substitute, and decided in tht-
negative, and the first section passed to its third reading.
Section second was read as follows :
Section 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 ofl&ce until their successors shall be elected and qualified.
Mr. B. F. RANDOLPH moved to amend, in the second line, by in-
serting " they shall be appointed by the Governor, by and with the
advice and consent of the Senate, and shall serve for the term of six
years," etc.
Mr. J. M. EUNION moved to change the term of service to eight
years instead of six.
Mr. B. F. RANDOLPH. My reasons for offering the amendment
proposed are simply these : I thin"k that Judges, above all other officers
of the State, should be dependent upon the will and pleasure of the
people as little as possible, and especially the Judges of the Supreme
Court. The Judges of the Supreme Court of the Tnited States are
appointed by the President.
Mr. C. C. BO WEN. In how many States are the Judges appointed?
Mr. B, P. RANDOLPH. "We do not propose to go by the example
of other States. We have for our example the Federal Government.
They have succeeded admirably. I do not think the Chairman of the
Judiciary Committee (Mr. BOWEN) can find any fault with the manner
in which the Judges of the Supreme Court of the United States are ap-
pointed. To elect our Judges by a joint vote of the General Assembly
may complicate the matter. The House and Senate may differ in theii-
choice of men, and they may consume their time voting for candidates,
without an election, during the session. It certainly makes Judges very
dependent on the will and pleasure of the General Assembly.
Mr. J. K. JILLSON moved to strike out "six'' and insert -'ten."
making ten years the term of service.
Mr. H. E. HATNE moved to amend by striking out the word " three "
on the first Hne, and making it read as follows : "A Chief Justice and
two Associate Judges, two of whom shall constitute a quorum."
Mr. C. M. WILDER moved the following amendment : Strike out all
after the words " General Assembly," on second line, and insert, " and
shall continue in office during good behavior."
Mr. R. C. DeLARGE moved to strike out on the first Line the word
"three" and insert "four."
CONSTITUTIONAL CONVENTION. 599
Mr. J. J. WKIGHT moved to amend by striking out on the first line all
after the word " of" and insert, " The Supreme Court shall consist of a
Chief Justice and two Associate Judges, any two of whom shall consti-
tute a quorum."
I hope we shall not move too hastily in this matter, and do anything
that will give us cause for future regret. The gentleman from Orange-
burg (Mr. EANLOLPH) wishes to amend by providing that the Chief
Justice and Judges of the Supreme Court shall be appointed by the Gov-
ernor, with the consent of the Senate. The objection he urges against
the requirement of a joint vote of the General Assembly is that thai
body may disagree, and that we might be without a Chief Justice and
Judges for some time. In the first place, the Judges are to be elected,
and hold their offices until their successors are elected and qualified.
Hence, that objection falls to the ground. We desire that every portion
•of the State of South Carolina shall have a voice in saying who shall or
shall not be the persons who shall hold this great and all-important
office of the State. The people of the diiferent counties will elect their
representatives and Senators to the General Assembly, which will elect
the Judges of the Supreme Court. Hence, the ^oice of the people of
the difterent counties will be heard in the election of these Judges.
He next urges that the -ludges of the Supreme Court of the United
States are appointed by the President of the United States, and cites
that for our example. These Judges are appointed for life, or during
good behavior. We do not want any person in this State to hold the
office of Judge for life. We do not want any such appointments made-
Chief Justice Taney was appointed for life, and every person here is
well acquainted with his administration. If there is anything in the
world that would induce me to assassinate a person, it would be because
that per.son was trampling upon the liberties of the people, and that b«!
was placed in such a position that he could not be removed in any other
way. Let us not have them appointed for life. With regard to the
term of office, I would fix it at ten years, which I think long enough.
If we get a man in the Supreme Court who is not a good man, who is
not a man who desires to mete out justice to the people, he can be im-
peached. Some will say, perhaps, that the impeachment of Judges is in
the far distance, and that it does not occur once in a century.
Another objection to a long term is this. We are just laying tht*
foundation for a new government. We have in our ranks but a Icav
men of legal experience, capable of discharging the high duties incum-
bent upon a Judge, to acquit themselves in a manner acceptable to the
people. There are men in the legal profession, men of ability and ex-
6m FROCEEDmOS OF TBTJr
perience, liberal men, who are now ready to get upon the recoxtstYuctfoTK
train, and acknowledge the principles of progress and civilization, were-
it not for the fear of the prejudice of that public opinion which ig*
opposed to our plan of reconstruction. Whenever these men eome irr:^
and adi^oeate the cause of humanity and jiistice, they will naturally be
sought for to run the machinery of our State Gk»vernmen<t, and they wilE
tun it with fidelity to all the people, and we are ready ao'd anxious tc
receive them, and place them in those high positions.
Mr. N. Gr. PAEKEIJ; moved the ind'efinite postponement of all the-
amendments, with the esception of the amendment of the gentleman
froni Beaufort.
Mr. IJ. C. DeLAEGE. I sincerely trust the motion ix) indefinitely
postpone will not prevail. It is one of the most important subjects yet
brought forward during the consideration of the Constitution, now being
framed. I hope we will consider the various amendments as they come-
up, and dispose of them as in the judgment of the Convention may be-
deemed just and proper. There are now several important amendmentt'
before the house, including one offered by myself, that the Supreme
Court shall consist of four Judges instead of three. I trust all these
motions for indefinite postponement will be voted down.
The question was tLen put on the motion to amend by inserting after
the words Supreme Court " shall consist of a Chief Justice and two Asso-
ciate Judges, any two of whom shall eonstituty a c|uorurm."
Mr. J. M, RUTLAND. I dislike, after the insinuations made here?
about lawyers, to occupy your time, but hope you will have a little
patience with us now, as we are on a branch of the Constitution, which
is within the peculiar province of lawyers to discuss, and certainly is as
important as any other branch of the Constitution. I do think it is not
dealing fairly with gentlemen who offer amendments to move that they
be indefinitely postponed, without hardly a hearing. I hope the houses
will listen patiently to the discussion upon any amendment, unless they
are manifestly absurd and ridiculous. In so important a measure as
this, we should not only be willing, but glad, to listen to the discussions :
and, after mature jiidgment, give their votes for or against each amend-
ment as put to the house. Let us give each proposition a thorough in-
vestigation. If you establish a poor judiciary system, it is the worst
thing you can impose upon a people. If they cannot get justice in a
reasonably short time, thev can never be a happy people. I hope, there-
fore, all motions to indefinitely postpone will be avoided, and that we
give the subject that consideration its inaportance demands-
'OONRTITUTIO'NAX CGlJrVKNTlOK. "BOT
"Mr. 0. K. JILLSOX moved th fit the motioii to postpone indefinitely
%e laid on the table, which was agreed to.
Mr. J, B. BEI>L. Having seconded the anaendment of the-gentfemait
tfrom Orangeburg, I wish to state a few of my reasons for doing so. The
•advantages of the appointment of Judges are that the responsibility is
'Tiot divided among so many persons as to Eiake each ones share almos'
■nothing. The cool and delibej'ate expression of opinion of the hig-hest
■officer of the State is an expression not often obtained from a numerous
body of men, who, in the excitement always lEeident to sach bodies, are
oftea guided more by the faithfulness of their favorite candidate to the
party than by his q'^jialificatioiis for the office. The j<?int action of the
•Senate, in ooatirming the no*ninee «f the Oovernor, seems to ine to unite
•^11 the advantages enjoyed by the present system with those of appoint'-
'inents by the Governor, I, therefore, hope the a-mendnaent of the gen-
tleman from Orangeburg will prevail.
The CHATS stated the qTiestion to be on the auiondnri«n't proposed by
the gentleman from Marion (Mr. H. E. HAYNE) to insert after thf.
words " Supreaie Oourt shall consist of a" the words " Chief Justice and
*w6 Associate Judges, any two of whom shall eonstitute a quorum.''
The qutistion being taken on this amendmeat, it was agreed to.
The next question was on the amendment of Mr. RANDOLPH tit
sstrike out, "that they shall be elected by the Oenera) Assembly," and
insert, '"shall be appointed by the Governor."
Mr. D. H. CHAMBERLAIN. On that question 1 dtsire to say a fevf
words. This section would have beea reported by the Committee on the
Judiciary', if my voice alone had jirevailed, so as to give the election of
all the Judges of the State directly to the people. I have believed, and
based my opinion upon experience, that the more direct the Judges are
Tesponsible to the people, the more certain are we to have justice done.
The doctrine that the people are not to be trusted with the selection o^
those who are to administer justice* to them, I believe to be wholly un-
founded. I believe in the people. I believe they are jnst as competent
to select thoir Judges as they are to select their Governors. I am aware
that it is thou'^ht that while you can trust the people with everything
■else, you cannot tiust them with the selection of their Judges. I have
been unable to see any ground for that belief. We may be told thattht^
system of electing Judges has proved a failure, and perhaps we shall be
pointed to the State of New York, as an example. In that State, 5.
admit, owing to peculiar influences, the elective judiciary has proved to
be corrupt, and the system, as far as that State is concerned, has been a
602 PROCEEDIJVfGS OF THE
failure. But, at the same time, I can point to more than twenty States
which have adopted the elective system without any diminution of respect
on the part of the people to their Judges, or any diminution of integrity
in those Judges. I say the argument of a failure of the system is to be
confined to the State of New York alone, where, for obvious reasons, cor-
ruption prevails, not only with the Judges, but in every other depart-
ment of the Q-overnment. The Legislature of that State is corrupt, and
that corruption has forced itself, at last, into the judiciary of the State.
The State of New York makes a single exception. Ali the other States,
of the Union have been gradually passing from the old system of ap-
pointment to the election of Judges directly by the people.
But while 1 am in favor of making the Judges directly responsible tO'
the people, I have consented to the proposition to support by my vote
the provision which gives the election of Judges to the General Assem-
bly. I am willing to take that as a compromise, but when gentlemen
go further than that, and ask that the whole power shall be put in the
hands of one man, I cannot give my vote in its favor.
I am willing this should be removed one step from the direct action of
the people, and that their most immediate representatives should have
the power to elect the Judges; but to say they shall be appointed by the
Governor, and confirmed by the Senate, is taking a step backward, and
making them very nearly irresponsible to the people.
Mr. C. C. BO WEN. This matter was thoroughly discussed in Com-
mittee, and after a long struggle, it was agreed that the Judges of the
^Sup^eme Court should be elected by the General Assembly. Some of
the members were urgent in giving their election to the people, and the
consequence was a long and stubborn fight, when a compromise was
made to give the election to the General Assembly. I hope the Con-
vention will allow the section to stand as it is ; it is but one step from
the people, and it is to be supposed that the General Assembly will do
what is right in the selection of Judges. I am opposed to their appoint-
ment by the Governor.
Mr. B. F. WHITTEMOEE. I trust the section will be left just as it
stands, in the hands of the representatives of the people. The General
Assembly represents the people, and the people are willing to trust their
interests with their representatives.
Mr. A. J. RANSIEE. T trust the section will remain as it is, though
I am disposed, as far as practicable, to inake every otficer holding a
public trust directly responsible to the people. It has. however, been
deemed advisable that the Judges of the Supreme Court should be one
CONSTITUTIONAL CONVENTION. 1^03
*tep removed from that direct responsibility. I believe this to be taking
a wise middle course.
The hour having arrived, the PRESIDENT announced the Conven-
tion adjourned.
T H I R ^r \^ - S E V E NTH D A Y ,
TluirscSay, Fetoriiary 37, t808.
The Convention assembled at half-past 10 A. M., and was called to
<jrder by the PEESIDENT.
Prayer was offered by the Rev. J. M. RUNION.
The roll was called, and a quorum answering to their nunies, the
PRESIDENT announced the Convention ready to proceed to business.
The Journal of yesterday was read.
Mr. J. D. BELL. I move that so much of tho^ Journal as relates to
the reprimand of Mr. RANDOLPH be expunged.
Mr. D. H. CHAMBERLAIN. I trust that the motion will not pre-
vail. While I entertain kind feelings for the gentleman from Orange-
burg, I think it unwise to obliterate from the Journal of the Convention
any part of its record of these proceedings.
The PRESIDENT. We have the example of the Congress of the
United States that such motions are in order, although, strictly speaking,
Journals cannot be changed. Instances are on record, however, in
which Congress has expunged from its record the action of the body
years after it has taken place.
Mr. L. S. LANGLEY. I hope the motion of my colleague from
Beaufort will prevail. I voted in favor of reprimanding the gentleman,
because I thought he was entirely out of order. Several times during
the sitting of this body, members have used words just as objectionable
as those of the gentleman from Orangeburg, and no notice was taken of
it. I regret that gentlemen should so far forget themselves as to make
use of this species of language, but inasmuch as the member from
Orangeburg has been reprimanded by the Chair, the dignity of the Con^-
vention has been fully sustained.
Mr. WM. J. McKINLAY. I trust the motion of the gentleman from
Beaufort will not prevail, and, for the reason just stated, namely, that
77
69t PROCEEDINGS OF TWE
this thing has occurred before, and no notice has been taken it. If this
style of debate is permitted to continue without reproof, there would be-
no limit to it, and the Convention would be disgraced. It is proper,
therefore, that the Journal should remain unaltered, and stand as aa
example and a check.
Mr. J. D. BELL. It is true that words as equally offensive have
been used on other occasions, but I think it unfair that one gentleman
should be punished and the others allowed to escape, especially whem
he has frankly declared that his utterances were made in the excitement
of the moment.
Mr. C. P. LESLIE. I hope that the record will not be changed. If
the gentleman from Orangeburg thought he told the truth, it is an in-
sult to him to expunge it from the Journal. If he told a falsehood, it
ought not to be expunged.
Mr. J. S. CRAIG. One of two things oup^ht to be done ; either the
Journal ought to be changed, or every other member who has been
guilty of a like impropriety should be br:)Ught before the bar of the
house and reprimanded.
Mr. J. J. WEIGHT. The gentleman from Orangeburg has no warmei
friend than myself, but I must say that it would be setting a bad example
for us to erase this matter from the Journal. If I commit a murder and
escape, it is no reason why my colleague should be permitted to escape.
Language has been used upon the floor of an improper character, and
unless notice is taken of it, other members will be encouraged to do the
same thing, and trust to the generosity of the Convention for forgive-
ness. I hope, therefore, the Journal will be permitted to stand as it is
If I use disgraceful language I expect to be punished for it, and the
reprimand is necessary to preserve the dignity of the house.
Mr. B. F. RANDOLPH. I hope no one will understand that I have
any objection to the record as it stands. I am sorry so much of the
time of the Convention has been consumed, and request the gentleman
from Beaufort to withdraw his motion, so that we may proceed to the
legitimate business before the body.
Mr. J. D. BELL. I withdraw the motion.
Mr. E. J. MOSES, Jr. I renew the motion.
Mr. H. E. HAYNE, of Marion. I move to lay the motion to renew
on the table.
The motion tp lay on the table was agreed to.
The PRESIDENT announced that Senator Howard, of Michigan,
had addressed him a letter in reply to the invitation extended to him by
this Convention, to address it on the important subjects that are now
t30NSTrrXTTI0:NAL COITVENTION. 60$
■agitating the coiiutry. Senator Howard returns his acknowledgments
to the Convention, and says although the present condition of affairs at
Washington mates it his duty to rem:iiu at tlie capitol, he trusts that in
a few days that necessity will be removed, and fae will then send a
further reply.
Mr. B. F. EA.NI30LPH called for the unfinished business, being the
report of the Judiciary Committee, which, on motion, was suspended in
order that reports from Committees might be received.
Mr. WM. E. EOSE, from the Committee on Petitions, submitted the
following report, which, ou motion of Mr. R. SMA.LLS, was adopted:
The Committee on Petitions, to whom was referrotl the petition of
Thomas Owens, of the District of Laurens, praying that his political
disabilities be removed, and he be restored to the eleetive franchise,
have considered the same, and respectfully report that your Committee
are satisfied of the Loyalty of the petitioner, and recommend that the
prayer of his petition be granted. Respectfully submitted.
Also, the same gentleman, from the Committee on Petitions, submitted
the following report :
The Committee oq Petitions, to whom was referred the resolution of
the delegate from Berkley, relative to the import duty on rice, ask leave
respectfully to report that they have considered the same, and recom-
mend that said resolution be laid on the table,
Mr. J. H. JENKS. Before action is laken and fiaally settled by the
Convention upon that question, I desire to say a few words. I hope
this body will consider the grave importance of the subject therein con-
tained. The resolution is one of most vital importance to the District
(Berkley) I have the honor to represent.
The report of the Committee on that resolution petitioning Congress
against the repeal of the import duty on rice certainly seems to me to be
adverse to the best interests of the State.
Being the mover of the resolution, it is due to the Convention that I
should state the reasons that prompted me in the drafting and present-
ing of the same. I am aware it may be said that I am interested in the
measure now before us; some of the members on this floor have already
manifested an uneasiness on that subject.
To the charge I plead guilty. To deny it would be false and unneces-
sary. The district which I, with my colleagues, have the honor to
represent is largely a rice-growing district, so that a large proportion of
the inhabitants thereof would be compelled, in honor, to plead guilty to
the same irnputation. Therefore, in acknowledging the accusation of
60& PKOCEEDIXGS OP' THE
self-interest in a matter of siich general importance to my district, I dc
not regard myself as in any way disqualified to urge the adoption of
this resolution by this body ; but, on the contrary, believe it to be my
duty not only to introduce, but to heartily support, a measure of so vital
importance to a constituency, who placed me here, that their interests
may be represented. If the resolution now under consideration by this
body related to cotton, and the tax thereon, it would need no^t one word
of explanation to commend itself to the good" sense of this Convention.
I venture the assertion that there ia not a member on this floor to-day,,
not a citizen of this State, nay, nor of the United States, who has not
felt the unequal and unfavorable workings of the tax on that staple.
The cotton tax is now repealed, and with it, also, the import duty on the
same article, and it yet remains to be proved, if in obviating or remedy-
ing one error, another equally fatal has not been committed.
I deny the charge sometimes made that the cotton tax was maliciously
intended, on the part of Congress, as an act of oppression to a conquered
people, as false and unfounded ; but that its action has been pernicious
to the best interests not only of this State, but to those of every cotton
growing State, I do not deny.
It is with a view of preventing errors of this kind, however well in-
tended, that I have brought this subject before you for your action.
It is an easy matter f jr Congress, in legislating for South Carolina,
with no representatives in that honorable body to make known our
wants and necessities, to fall into other errors that shall prove dangerous
to the best welfare of our State, and the prosperity of her inhabitants.
The repeal of this duty will force us into an unequal competition, re-
sulting in the final destruction of the rice culture in our State.
The several ice companies of New York, Boston and Portland, who
have grown immensely wealthy in the ice trade with India and other
tropical countries, and who, in connection with that trade, have been the
chief importers of Rangoon rice, as if not yet satisfied, are making the
most gigantic efforts towards the repeal of the present import duty on
that article. Money has been freely subscribed, and their agents, with
it in hand, are now in Washington for the purpose of lobbying through
the proposed repeal. So sanguine are they of the success of their
efforts, that they advise their friends throughout the South against in-
vesting in the rice culture the present year.
Should their efforts in this direction prove successful, as they claim to
have every reason to expect, what will be the result ?
The result will be this, that Carolina rice, instead of commanding a
price remunerative to the capital and labor employed in its culture, will '
CONSTITUTIONAL CONVENTION. 60^
?)« dragged, by an inferior article, down to a price which will not repay
the expense of raising. The rice lands, the most fertile and productive
in this country, yea, in the world, and suited only to the culture of rice,
and which can be kept in order ior cultivation only at great expense and
(iare, will run to waste. The plantations will be abandoned, and there
will be lost to us one of the chief resources of the State, and the wealth
of our seaboard. The laborers, already driven from the islands and the
culture of cotton, to the rice fields to avoid starvation, will again be
driven to search in vain for remunerative fields for their labors. With
the repeal of this duty, foreign rice can be laid down in this market at
Three dollars per hundred weight — the same, three cents per pound. It
cannot be produced in this country for the money. You say it has been
done in the past I admit the fact, but how was it accomplished? It
was accomplished, Mr. President, only by means of a system of unre-
quited toil — a cruel system of oppression, better known as slavery. Amid
the din and shock of battle, that institution has been swept from our
land, and it is not now within the power of man to resuscitate or restore
it. Thank God that it is not ! So far, then, as it is beyond the power
of man to establish again upon our soil the authority of the slave mas-
ter, so iar, also, is removed from him the possibility of again growing-
rice in this country at old prices, or even at prices that shall in any way
compete with importations from foreign markets. With, the repeal of
this duty we shall be forced into a competiiion so unequal as to result in
the final destruction of the rice culture in our State. To be sure, Caro-
lina rice stands first in the markets of the world ; but when the repeal
against which we now pray shall have been effected, its superior quality
will command so slight a difference in price as to prove no encourage^
ment to its cultivation. We boast to-day of a country that guarantees
every man his freedom, of an emblem that, while it protects no tyrant,
knows no slave. It shall be our ambition, at no distant day, to boast of
a State wherein the masses are educated, intelligent and enlightened.
Would we accomplish this? Would we elevate instead of degrade
labor? Would we reserve to the State one of its chief resources?
Would we encourage freedom and free labor, as opposed to oppression
and oppressed labor?
Let us enter our protest against the repeal of this duty. I certainly
hope, Mr. President, that before this subject passes beyond our conside-
ration, that gentlemen who have been so earnest in the support of almost
every other measure before this body will declare themselves upon this.
I hope to listen to the clarion voice of the delegate from Darlington (Mr.
WHITTEMOEE) ; to hear the rounded and classic periods of the gen-
60^ Fii'ocfi^EDH!ras' of twe
tleman from Sumter (Mr. F. J. MOSES) ; to be stirred by tfie gmvj?
eloquence of my colleague from Berkely (Mr. D. H. CHAMBERLAIN),
and to see manifested in behalf of '^ mi/ people " the pathos of the dele-
gat© from Barnwell (Mr. 0. P. LESLIE.)
On motion of Mr. J. J. WRIGHT, the matter was made the Special
Order for 4 P. M., Monday.
Mr. L. 8. LANGLEY submitted the fallowing- resolutiea, which was^
referred to the Committee on Education ;
Whereas, it i-" very desirable to form a permanent school fund for the
benefit of the Common Schools of the State; and whoreas, the Congress
of the United States did, by an act passed in 1863, appropriate the'
interest of the proceeds of the sales of certain plantations and town lots,
sold for taxes by virtue of the Act aforesaid, and situate in Port Royal,,
Ladies' and St. Helena Islands, S. C, for educational purposes; and
whereas, we believe that youthful instruction in and by a well regulated
sy.stem of Common Schools tends to make better citizens of all classes of
our population ; be it therefore
Resolved, That the Congress of the United Statea be, and is hereby?
respectfully requested to turn over to the Commissioner of Education of
this State, under the Constitution of 1808^ the proceeds of the sales of
the plantations and town lots aforesaid, for the purpose of aiding in the
accumulation of a permanent school fund for the State.
Resolved, That the President of this Convention is hereby requested
to forward, at an early day, a copy of this preamble and these resolu-
tions to the President of the Senate and Speaker of the House of Rep-
resentatives of the United States, in Congress assembled.
Mr. L. 8. LANGLEY also offered the following :
Resolved, That this Convention tender to the Congress of the United
States, and to the General o'' the Army, also to the Hon. E. M. Stanton,
Secretary of Wai', the sincere and heartfelt thanks of the loyal people
of South Carolina, for theit- noble devotion to constitutional law and
universal liberty.
Resolved, That the President of this Convention is hereby requested
to forward a copy of these resolutions to the President of the Senate,
Speaker of the House of Representatives and Secretary of War, as well
as a copy to the General of the Army of the United States, respectively.
Mr. B. BYAS. I cannot see any reason in tendering our sincere
thanks to Congress, the President, the Secretary of War, or anybody
else. These men are placed in their positions to do their duty, and they
have done no more than was expected of them. Indeed, I do not think
it is the time for us to pass such a resolution. It is like thanking a
man for work only half done. When they have concluded their labors,
*C01nSTITUTI0NAL COifVENTION. -^Wd
we may tlien properly show to Congress that we recognize the same in
an appropriate way.
The motion to include " and Secretary of War " was agreed to, and
the resolution was then adopted.
Mr. F. J. MOSES, Jr. As I regard the subject matter of the resolu-
tions, which have just been adopted, as entirely out of place in this Con-
vention. I desire to have my name recorded on the Journal as having
'voted in the negative.
Mr. B. BY AS also requested tha:t be should be recorded as voting in
■the negative.
Mr. B. 0. DUNCAN, from the Committee of Congressional Districts,
asked and obtained leave to submit the following " ordinance," which
■was read for the first time, and, on motion of Mr. E. W. M. MACKEY,
was ordered to be printed, and made the Special Order for Monday next
at 11 o'clock
The Special Committee of eight, to whom was referred the duty of
learning how many Representatives South Carolina is entitled to in the
Congress of the United States, and of reporting a suitable division of
the State into Congressional Districts, has investigated the matter, and
bee: leave to report as follows;
After the census of 1860 a new apportionment of Representatives wag^
made among the States, South Carolina then being entitled to represen-
tation for onlj' three-fifths of her slave population, was entitled under
this apportionment of Congress to only four Representatives. This act
of apportionment is still in force, so that we are in reality entitled by act
of Congress to only four members in the lower house of Congress. But
our entire population, for which we should now be represented, entitles
us to six Representatives. As, however, it is doubtful if we will be
granted a larger number than the act of apportionment gives us, your
Committee recommends the following ordinance, to be called
VN ORDINANCE TO DIVIDK THE STATE INTO FOUK CONGEESSIONAL DISTRICTS.
We, the Peojjle of the State of South Carolina, by our Delegates in
Convention assembled, do ordain, That the State of South Carolina shall
be, and the same is hereby, divided into four Congressional Districts, as
follows : First Congressional District, to be composed of the Counties
of Lancaster, Chesterfield, Marlborough, Darlington, Marion, Horry,
Oeorgetown, Williamsburg, Sumter, Clarendon, and Kershaw. Second
Congressional District, to be composed of the Counties of Charleston,
Colleton, Beaufort, and Barnwell. Third Congressional District, to be
composed of the Counties of Orangeburg, Lexington, Richland, New-
berry, Edgefield, Abbeville, and Anderson ; and the fourth Congressional
District, to be composed of the Counties of Oconee, Pickens, Greenville,
Laurens, Spartanburg, Union, York, Chester, and Fairfield.
Section 2. That until the next apportionment be made by the Congress
of the United States, each of the said Congressional Districts shall be
010 PROCEEDINGS OS" THE
entitled to elect one member to represent this State in the Congress of
the United States. After such new apportionment by Congress, the Le-
gislature shall divide the State into as many Congressional Districts af^
we are entitled to members in the House of Representatives.
Sec. 3. At the first election under this Constitution, two Representa-
tives shall be elected at l.irge on the State ticket, to represent the over
plus of our population. Should they obtain seats, they shall continu'
to be 80 elected until the new apportionment after the census of 1 S70.
Mr. E. W. M. MACKEY called up the unfinished business, being the
report of the Judiciary Committee.
Section second of the Judiciary report was then taken up.
Mr. A. J. RANSIER resumed the floor. I repeat that I am in favor
of the section as it stands, providing for the election of Judges by a
joint vote of the General Assembly. I iinderstand the gentleman from
Orangeburg (Mr. RANDOLPH) proposes to give the appointment oi
Judges to the Governor, with the consent of the Senate. The gentle-
man from Richland proposes to make their terms of office during good
behavior. I think both of those gentlemen are at least fifty years be-
hind the age. In the majority of States the election of Judges ha?
been thrown inio the hands of the people, and I am in favor of throw-
ing the election of every officer into the hands of the people. I am
aware that there are very delicate questions connected with this matter,
and, perhaps, it will be sound policy to remove the Judges of the Su-
preme Court from a too direct responsibility to the people. The niasfee<
of the people of this State are not, perhaps^ at present in a position to
use their power wisely and judiciously ; were it not for that, I would
give my vote and voice any time against any provision which proposed
to fill any office at all, either by the General Assembl}' or the govern-
ment. I think the people are the best judges of who shall make their
laws in any department of the government. I hope the amendment of
the gentleman from Orangeburg will not prevail. With the influence a
Governor can exercise, his recommendation would be all-powerful, and
to throw the appointment into his hands would amount, after all, to the
setting up of the " one man power." As regards the term of office, I
find in the original Constitutions of most of the States, it was fixed
during good behavior ; but, in most of the present Constitutions, the
terms are variously limited to five, six, and ten years. I am disposed
to keep up with the march of events, and to profit by the advances of
the civilization of the age. I think the section might be improved by
adding a provision that the Judges may be removed for causes other than
impeachment on a two-thirds vote of the General Assembly. I hope
the election of the Judges of the Supreme Court will be by the General
I
CONSTITUTIONAL CONVENTION. "iJl^
Asi*em>)ly, and that the term of office will nut be extended beyond eight
or ten years.
Mr. B. BYA!S. I trust that the stsction will stand &.> it is. I think
we have a sufficient number of men of ability in this State to fill these
-offices, and if the persons elected by the General Assembly discharge
for a term of ftix years the duties of that office to the satisfaction of the
people, the General Assembly will have it within their power to re-elect
them. The Committee, after due ^reflection, have fixed the term at six
years, and I think that accords v/ith the good sense of every member of
this house.
Mr. H. E. HA1!NE called for the previous question, which was sus-
tained.
The question being first put on the amendment of Mr. JILL80N, to
make the term of office ten, instead of six j^ears, it was decided in
the negative.
The question was then taken on the amendment of Mr. E.UNION, to
substitute eight years for six, which was also decided in the negative.
Mr. C. C. BOWEN moved to amend on third line, after qualified,
^' they shall be so classified that one of the Judges shall go out of oflftce
•every two years ;" and the section so amended passed to its third reading.
Section three was read, and Mr. C. C. BOWEN moved to strike out
the entire section, which was agreed to.
Section four was read, and Mr. C. C. BOWEN oflFered the following as
a substitute, which was adopted, and the section passed to its third
reading
Sectkjn 4. The Chief Justice elected under this Constitution, shall
continue in office for six years, and the General Assembly, immediately
after said election, shall determine by lot which of the two Associate
Justices elect shall serve for the term of two years, and which for the
term of four years ; and having so determined the same, it shall be the
duty of the Governor to commission them accordingly.
Sections five and six were severally read, and passed to their third
reading.
Section seven was read, and Mr. J. M. RUTLAND moved the follow-
ing amendment on seventh line, strike out " law knowledge," and insert
" men learned in the law," and the section so amended passed to its
third reading.
Section eight passed to its third reading without debate.
Section nine, requiring the Judges of the Supreme Court, upon spe-
cial occasions, to give their opinion upon questions of constitutional law,
was read.
78
Mr. J. J. WRIGHT. I hope this whole sectiuu will be sfi'icken oat,.
it has no business in this connection ; we have no right to ask the
Judges of the Supreme Court to give their opinions on a case of consti-
tutional law ; when a case comes before them, it is their prerogative to
give an opinion ; and wliouever an opinion is required by the State, it:
is the province of the Attorney-Qeueral to give that opinion, and not
that of the Judge
Mr. WM. McKINLAY moved to amend on second line \ strike out
" solemn" and insert " special," which was not agrei>d to.
Mr. 0. C. BOWEN moved to strike out the entire section.
Mr. S. G. W. DILL moved to indefinitely postpone the motion to strike
out.
Mr. R. B. ELLIOTT moved ti> lay the motion to postpone on thf
table, which was agreea to.
The motion to strike out was agreed to.
Section ten, relative to judgments and decrees, passed without debate.
Section eleven, in reference to the salaries of the Judges, was read.
Mr. J. D. BELL. I move to amend the eleventh section, by inserting
after the word " be," in the second line. " shad not be increased nor
diminished."
Mr. E. 0. DeLAEGE. I sincerely hope that the word "increased"
will not prevail. We do not know what the future may bring forth,
and the State may be in a condition, at some future time, to fix the sala-
rief^ of the Judges in accordance with the times and the cost of living ;
the pre tent salaries may not be enough to support the Judges. If we
expect to have such men as we desire, we should give them a liberal
eompensation for their services. An able lawyer may sacrifice a large
and lucrative practice to take the position ot Judge in order to serve his
fellow-citizens. It would be ungenerous and unfair to ask such a per-
s-on to serve, and give him a salary barely sufficient to obtain the neces-
saries of life without any of its comforts, and not enough to sustain the
dignity of his position. I hope the amendment will not be adopted.
Mr. C. C. BOWEN. I hope the section will pass as it stands. In
drafting that section, reference was had to the Constitution of the
United States, and the same language used as in that instrument. It
was proposed not to give the power of starving the Judges, or the power
to increase, but to leave it in the hands of the Legislature. I, for one,
am willing to risk it with that body. In some of the States the provi-
sion is made tha^ salaries shall not be increased nor diminished. As far
as Judges are concerned, I see no necessity for such a provision. But
where parties have the piivilege of voting for an increase of their own
CONS'TIT'CrTlONAL CUN'VENTION. ©1«
Siilarles, there is a forcible reason tor sujh a measure. The Judges have
not that power.
The questiou was theu taken oa the auiendment of Mr. BELL, aud
-decided in the negative.
Section eleventh then passed to a third reading.
Section twelfth, providing who shall be eligible 1o the office of Judge
of the Supreme Court or Circuit Courts, wa^ taken up.
Mr. B. F. RANDOLPH. I move to amend in the third lino by
striking out the words, "live years," and inserting "one year.'*
Mr. S. A. SWAILS moved to amend by striking out " thirty " and in-
serting'■ thirty-five," so as to require Judges to be thirty -live years of
age.
Mr. J. S. CRAIG moved to f\inen<i by striking out the word 'five,"
and inserting "two," so as to require a, residence of two years.
Mr. B. BYAS. I hope five will be stricken out, and one substituted.
Mr. C. C. BOWEN. I hope the section will remain as it is, so far as
the term of qualification is concerned. We have provided in the sec-
tion that a party u .-.ident in this State, when the Constitution is adopted,
shall be eligible, but after that, whosoever comes must reside helre five
years. If a man comes here from the North a day before the Constitu-
tion is adopted, he is eligible to the office of Judge. The Constitution
provides that they shall be elected for four and six years ; therefore, after
the first electitn, unless by death or resignation, there will be no vacan-
cies. 1 deem this amendment totally unnecessary. The large majority
of the States fix this qualification at five years, and we have taken that
as a precedent. It will certainly require a man to be a resident of the
State that length of time to understand the laws of the State.
Mr. J. S. CRAIG. I am in favor of the amendment. If we cannot
get sufficient good timber in this State, we can take the best material,
wherever found.
Mr. B F. RANDOLPH. I have no doubt that in due time we shall
have abundant judicial material. In the present, as it were, territbiial
condition of the State, many of the ablest Southern men, who could act
as Judges, are disfranchised, aud would not ask to be enfranchised.
They will not ask to have their disabilities removed. I would have the
advantage then of able men from Massachusetts, Ohio, New York and
Pennsylvania, who come here and make South Carolina their home.
For these reasons, I am opposed to requiring the Judge to reside here
five years before he can be elected to fill the office. It seems to me that
a man who has occupied the po^sition of a Judge in any other State, or
one who is familiar with the law of any other State, or practiced law,
m€ FROCEEDiNGS^ OF THE
cafEf pick up aud become acquainted with, the atatues of tHs State in a*
year's time. ,
Mr. J. J. WRIGHT. This matter has no reference to the various-
Judges who are to be elected for the Circuits of the State. It simply
refers to the three Judges who are to be the Judges of the Supreme
Court. I hojw this section will stand just as it is, for, if amended, it
will require, before a person can be elected to the office of Judge, that he
must be a resideut for five or ten years, and a citizen of the State at the
time of the adoption of the Constitution. There is a uifterence betweeii
a resident and a citizen. A person might come hei'o the day the Consti-
tution was adopted, and yet be eligible to the office.
Mr. B. F. RANDOLPH. Does the gentleman know of any three
Judges who can act as Supreme Judges, aud five who can act as Circuit
Judges, who are not disfranchised):'
Mr. J. J. WlilGHT. I wish to say here that thej'e are a sufficient
number of men in the State qualified to fill these offices.
Mr. J. S. CEAIG. Are those to whom he refers loyal men V
Mr. J. J. WEIGHT. If the gentleman knows the meaning of the
word loyal, he knows what I mean. There is no State iu the Union in
which a man is not required to reside there at least two years before he
can be appointed a Judge, aud then he must be well grounded in the
principles of the law, and be familiar with the decisions of the Superior
and Inferior Courts.
Mr. B. F. WHITTEMORK It appears to me that the reading of
this section is quite vague. No doubt, the Chairman of the Committee
intended that it should be distinctly understood that a person who is a
resident oi the State at the time of the adoption of this Constitution
should be eligible to a judgeship of the Supreme or Circuit Courts ; but
to make it read plainly, I aesire to erase all after the word " election" in
the third line, and substitute the following: '^Provided, That the ex-
ceptions herein contained do not apply to the first election after the
adoption of this Constitution."
Mr. B. 0. DUNCAN moved to strike out the words " or from" in the
third line, and insert, "unless he is a resident of the State at the time of
the election."
Mr. J. M. RUTLAND. If I understand the amendment, it seems to
me to take away the qualification of years, and we do not wish to make
an exception as to age. It appears to me the clause is plain enough as
it stands. I think it can hardly be misunderstood that any man who is
here at the time of the adoption of the Constitution is qualified, other
things being equal, to fill the office of Judge.
OONSTITUTIONAL CONVENTION, 615
Mr. J. S. CRAIG moved to strike out all after the word "or" and in-
sert " who may have been a resident of this State at the time of the
adoption of this (Constitution."
The question being taken, the motion was not agreed to.
The amendment oiFered by Mr. DUNCAN was also disagreed to.
The question recurred on adopting the amendment of Mr. WHITTE-
MOEE.
Mr. B. F. WHITTEMOEE. I simply desire to say that I believe we
have, within the State of South Carolina, men of sufficient legal knowl-
edge and ability to fill all the positions of Judges ; but I am well aware
that there is as much legal knowledge out of South Carolina as in it. It
may be there are those upon the floor of this Convention who desire to fill
■one of these offices, and if it so be that they possess a sufficient degree
of legal ability, I do not desire them to be hampered by any clause of
the Constitution which will prevent their taking the places. If there are
others in the State who are competent and qualified, I am equally
willing to cast my vote for them.
The hour of 1 o'clock having arrived, the PRESIDENT announced the
Convention adjourned until 3 P. M.
AFTKRNOON SESSION.
The Convention re-assembled at 3 P. M.
The consideration of the twelfth section of the judiciary report was
resumed.
The CHAIR stated the question was on the amendment oft'ered before
adjournment, by the member from Darlington, Mr. B. F. WHITTE-
MORE, which was to add : ^^ Provided, That the exceptions herein con-
tained do not apply to the first election after the adoption of this Consti-
tution."
Mr. G. PILLSBURY. I have noticed that when sections are before
this body for action, and amendments are offered from various parts of
the house, that we are apt to be confused, and the only mode of relief is
to make one full sweep of all the amendments. I hope that will not be
the case with the section under consideration. With the little knowl-
edge I have of the proper construction of language, I can consider the
section as it stands in no other way than that no candidate is eligible for
the office of Judge unless he shall have been a resident of this State for
616 PIKOCJKEDIKGS OF THE
five years previous to the adoption of this Conatitutian. I wisi'n to narv?-
more light upon this matter, and I take the liberty of asking the Chair-
man of the Judiciary Committee whether it waa intended that no person;,,
unless he had been here five years at the time of the adoption of the-
Constitution, should be eligible to' that office r*
Mr. C. C. BOWEN. I distinctly stated that it was the intention of
the Committee that any person living in this State at the time of the
adoption of this OonstitutioQ should be eligible to the uifice of Judge.
Mr. G. PILLSBURY. Then that Committee have nicer and more
discriminating views in regard to the proper construction ot' language
than I possess. As the section reads, it seems to me the obvious con-
elusion to which any one would arriv^e would be, that in the last line-
commencing with '"five years next preceding his election, or from the'
adoption of this Constitution," the meaning would be that no persons
who has not been a resident of the State for five years preceding the
election of Judges can bo eligible to that office. With the construction
the Chairman has given of the section, I am the more earnest that the
amendment offered by the gentleman from Darlington should be adopted-
I am the more in favor of it because I believe that the timber, as it has
been expressed, for this important office is scarce. I doubt very much
whether we shall be able to fill those ofiices, at the ^tart, with competent
men. I hope that, unless a better substitute is ofJered, the amendment
offered by the gentleman from Darlington will be adopted. I hope we
shall make this thing certain, so that we can avail ourselves of any
proper legal talent which may be found within our borders at the start.
Unless we have impartial men upon the bench, men who will administer
justice with an even hand, who will recognize the equal rights of all
men, the liberties of the people will be imperiled.
Mr. C. C. BOWEN. In regard to the interpretation of this section, 1
am willing, in order to make it more definite, if possible, to amend. 1
move, therefore, to strike out the word "from" in third line, and insert
the words " was a resident of the State at."
The question being taken on the amendment, it was agreed to.
The question being taken upon the several other proposed amend-
ments, they were lost, and the twelfth section passed 1o its third read-
ing. The section, as passed, makes eligible to the office of Judge any
person having attained che age of thirty years, who has been a resident
of the State five years next preceding his election, or was a resident of
the State at the adoption of this Constitution.
Section thirteenth, providing for vacancies, was read.
■OONSTITirriONAL CON'VENTION. «H
Mr. A. J. KANSIEK offered to amend by adding to the first \i)e the
'words, " as herein prescribed," which was agreed to.
Mr. S. A. SWAILS proposed to strike out all of the second, third and
fourth lines, which was withdrawn, and the section passed to its third
reading.
Section fourteenth, making necessary a concurrence of two of the
•Judges of the Supreme Court necessary to a decision, was read, and
passed without amendment or debate.
Section fifteenth was read, as follows:
Section 15. 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 con-
tinuance in office he shall reside in the circuit of which he is Judge.
Mr. C. C. BOWEN moved to strike out the word " thereof" in second
line, and insert the words "of the State," which was not agreed to.
Mr. C. M. WILDER moved to strike out the words "qualified
■electors" in second line, and to insert the words, " by joint vote of the
General As8eujt)ly."
Mr. A. J. RANSIER. For the same reasons which determined us in
giving the election of the Judges of the Supreme Court to the General
Assembly, I hope that motion will prevail,
Mr. J. J. WRIGHT. I hope the section will stand as it is, and that
the people shall have the privilege of electing all their Judges but those
of the Supreme Court, for which we have already provided. The liber-
ties of a people are a part of their birthright, and whenever they give
those liberties to a few, I consider they are sacrificing the dearest privi-
lege which they enjoy. Now it may be claimed by some that to give the
election of the Judges to the people will be an inducement to the judi-
ciary to cater to populnr prejudices. But, notwithstanding this view,
which I deem an incorrect one, I desire that every Judge shall be di-
rectly responsible to the people for his office. I believe that ninety-nine
out of every hundred of the people would prefer to elect their own
Judges. They are a safer tribunal than the Legislature, which, however
pure it may be theoretically, will necessarily yield to influences and
prejudices brought to bear in favor of those who seek office at its hands,
I am under no fear that men cannot be found in every judicial district in
whom the people do not sufficiently confide to elect as their Judge, and
in making such a popular choice, they will better satisfy themselves than
if the Legislature should elect a stranger to fill the office. Let us>
therefore, place this power in the hands of the people. It has been
done in many of the larger States of the Union, such as Ohio and Penn-
. 6IS PROCEEDINGS OF THE
sylvania, and there is no reason why all the purity of the bench ahali
not be thus preserved in South Carolina.
Mr. R. C. DeLAEGE. Did not the Constitution of New York pro-
vide for the election of Judges by the people ?
Mr. J. J. WRIGHT. It did.
Mr. R. C. DeLARGE. Was the Judiciary system of New York -a.
model to be followed?
Mr. J. J. WRIGHT. If the gentleman thinks that a Judiciary sys-
tem as corrupt as hell is a model system, then that of New York is a
model.
Mr. R. C. DeLARGE. Will the gentleman inform us if the Consti-
tutional Convention of New York did not find it necessary to change
that system, and make the Judges elective by the Legislature ?
Mr. J. J. WRIGHT. I will say that it did change it, but the city
controlled the State of New York. The State has tried almost every
method of purification, but it will never succeed until it gives the elec-
tion of all the Judges to the people.
Mr. J. S. CRAIG. Was not the Judiciary formerly elected by the
people, and was it not at that time the most corrupt system ever estab-
lished ?
Mr. J. J. WRIGHT. I do not know the time when the Judges were
elected by the people.
Mr. C. P. LESLIE. I do not know when it has been otherwise. It
was no unusual thing in my time to see a Judge on the stump, and he
who could make the loudest noise was generally sure of his election. I
am opposed to this style of doing things, because I believe a Judge
should be made as independent of the will and pleasure of the peoph
as possible, because in the proportion that he is dependent on the will
of the people is his fidelity weakened. In a conversation with a distin-
guished lawyer of New York only last evening, he said that while it
was quite consistent with republican principles to elect the Judges by
the people, his experience was that the plan worked badly, and if South
Carolina succeeded with the system, he should be greatly surprised.
That is the opinio a of a grey-headed lawyer who has had a vast expe-
rience in the practice of the law in New York. Now, if we* are to
respect the action of the General Assembly in other particulars, why
are they not to be trusted with the election of Judges ? The Legislature
are the representatives of the people, and I for one can see no vast dif-
ference between the exercise of judgment by a few careful, intelligent
members of such a body, and the will of the people by whom they were
elected.
CONSTITUTIONAL CONVENTION. 619
Mr. B. F. RANDOLPH. How would it look to see a Judge with a
bottle of whiskey in one hand, acd ballots in the other, begging for the
votes of the people ? I must admit that it would be a strange spectacle
indeed for South Carolina.
Mr. E. W. M. MA.CKEY. I hope this amendmjnt will pass which
gives the election of the Judges of the Circuit Courts to the General
Assembly, and for the very reason given by the gentleman from Beau-
fort. He ssys the Judges should be directly responsible to the will of
the people. That is just what we want to avoid. We want no Judges
who will cater to the prejudices of the people, or who will enter a politi-
cal campaign and try to curry favor with the masses. In a majority of
cases the poor people would get no justice from these meu. Not that I
distrust the people, but I do distrust those who become candidates for
this position. The members of the Legislature are sufficientl}' respon-
sible to the people for their action, and if they elect an incompetent or
corrupt Judge, the people will take care that those men shall never again
take their seats in the General Assembly. We wish to make the Judges
sufficiently responsible to the people, but they must not be dependent
upon politicians. We wish to make Judges so independent that they
will not be afraid to express their opinion in accordance with justice and
law. I hope, therefore, the election of Judges will remain with the
Legislature.
Another very important consideration, which cannot be avoided under
present circumstances, is this : It so happens that in certain portions of
the State the rebels have a majority, that is in the upper districts, which
will be divided into one or more circuits. This report provides that the
Judges shall change circuits. Perhaps the gentleman from Beaufort
may find one of these Judges elected by rebel votes coming down to his
district and administering jubtice there, and although elected by the
people, that gentleman will have«no voice in his election. To prevent this
contingency, we must give the election to the Legislature, which repre-
sents not one, but all the districts of the State.
Mr. W. B. NASH. I hope the amendment of my friend from Richland
will prevail. If the Judges of our Courts were to get into a similar
scramble for office that I have seen on this floor, it would certainly be
discreditable to the judiciarj". If we give the election of Judges to the
people, you may be sure that the people will not be so well qualified to
choose who shall be Judges as the Legislature of the State will be, be-
cause members of the Legislature will be brought in contact every day
with all the members ol that body, and the Judges will be chosen, more
or less, from the men who have been in the General Assembly ; conse-
79
620 PROCEEDINGS OF THE
quently they would possess not only a certain degree of ability, but will
possess the coufideuce of the people.
Mr. J. J. WRIGHT. Suppose the Legislature is composed entirely
of democrats ?
'Mr. W. B. NASH. Then we deserve the worst kind of Judges. Mr.
President, I move the previous question.
Mr. E. C DkLARGE called for the yeas and nays, and they were
ordered.
Mr. C C. BOWEN. I hope this section will stand as it is has been
framed and reported by the Committee on the Judiciary. We do not
know what class of representatives may be in the next Legislature, and
for one I have more confidence in the people than in that body. If bad
men are elected to represent us there, we cannot foresee the trouble
they will create. It lias been mooted that the democratic party in the
up country was sufficiently strong to control the election of Judges, and
the intention was to keep it out of the power of the opposite party to
fill for the present, at least, any of the offices of the State. If they
have the ability to elect democratic members, they may also elect
democratic Judges, but I prefer to trust to the people. I will now yield
the rest of my time to the gentleman from Berkley.
Mr. C. P. LESLIE. I think this an unfair way of log-rolling this
question through the Convention.
Mr. D. H. CHAMBERLAIN. I have but a few words to say upon
this question, and I shall bring to the mind of the Convention the argu-
ments which I had occasion to touch upon yesterday in the discussion of
another article. We all agree that the object to be attained is to secure
■ upright, impartial, and incorruptible Judges, and the only difference
between those who favor the amendment and myself, is as to the man-
ner of securing these Judges. Upon general principles, I am clearly
of the opinion that it is better to put this whole power of election, from
the highest to the lowest of our judicial offices, in the hands of the peo-
ple. Wheuever we come to discuss this question in the light of expe-
rience, however, we are pointed to the example of the great State of New
York, and told that she has an elective and corrupt judiciary. Have
they not an equally corrupt Legislature ; and if the argument applies to
the one, does it not equally apply to the other ? If corrupt influ-
ences are to be used in the election of Judges, it will be easier to cor-
rupt a Legislature than the people. When the gentleman points us to
a Judge appealing, with a whiskey bottle in hand, to the people for their
votes, a much mpre probable picture that presents itself to my mind, is
a similar appeal made to the Legislature. I care not what may be the
CONSTITUTIONAL C<JNVEN1T0N. «2l
means, but it is easier to corrupt one hundred and twenty uieu, at the
seat of government, than the people (S ;attered V>roadcast through th'e
8tate.
Mr. B. F. RA.NDOLPH. Does the gentleman think thiit the people
are better qualified than the General Assembly to select Judges?
Mr. D. H. CHAMBERLAIN. Thoy are more likely, by their votes,
to select an impartial Judge than the Legislature would be. In sev-
eral of the Southern States in process of reconstruction, the elfction
of Judge.'^, from the highest to the lowest, has been given to the people,
and the whole progress of the age is in favor of removing power
from the hands of the few, and bestowing it on the many,
Mr. B. 0. DUNCAN. Ha^ not the State of New York recently
abandoned the elective judiciary system?
Mr. D. H. CHAMBERLAIN. It is true that New York has proposed
to make a change in her Constitution, but it is not probable that the
people will ratify those amendments which propose to take from tiieir
hands the election of Judges. New York, however, is no criterion for
the Government of South Carolina. There is an extraordinary element
in that State, disturbing in its character, which has Ji'-t only crept into
the judiciary, but into every other department, and it does not iollow,
from her example, that Judges elsewhere elected by the people must
necessarily be corrupt.
Mr. R. C. DkLARGE. Will the gentleman st ite whether he consid-
ers the people of the interior of New York as corrupt as those of the
city?
Mr. D. H. CHAMBERLAIN. I understand that the country people
of the State of New York are as honest as the people of any other State
in the Union; but when their Representatives and Senators reach the
Legislature, they become subject to every degree of corruption and
infamy which can be perpetrated by legislation.
The question being taken on the adoption of the amendment of the
gentleman from Richland (Mr. C. M. WILDER), and the yeas and nays
being called, it was decided in the affirmative, yeas 65, nays 24 :
Ayes — The President, Allen, Becker, Boozer, Brockenton, Byas, Bur
ton, F. J. Cain, Cardozo, Coghlan, Chestnut, Clinton, Cooke, Collins
Corlej', Craig, Davis, DeLarge, Duncan, Edwards, Gray, J. N. Hayne
C. D. Hayne, H. E. Hayne, Humbird, Jervey, Jill&on, Samuel Johnson
J. W. Johnson, Chas. Jones, Lang, George Lee, Samuel Lee, Lomax
Leslie, E. W. M. Mackey, Mayer, W. McKinlay, Mead, Milford, Nance
Nash, Neagle, Nuckles, Pillsbury, Randolph, Rainey, Ransier, Rivers
Robertson, Rose, Rutland, Sanders, Sasportas, Shrewsbury, Stubbs
te22 PROCEEDINGS OF THE
Augustus Thompson, B. A. Thompson, S. B. Thompson, Whittemore^
White, F. E. Wilder, Chas. M. Wilder, Wingo, Wooley— 65.
Nays — Messrs. Bell, Bowen, Bonum, Bryce, Camp, Chamberlain, Dill,
Donaldson, Elliott, Foster, Gentry, Holmes, Hurley, Jacobs, W. B.
Johnson, L. B. Johnson, W. E. Johnston, Henry Jones, Langley,
Mauldin, Owens, Eunion, Swails, Wright — 24.
Absent — x\lexander, Arnim, E. H. Cain, Crews, Darrington, Dickson,
Dogan, Driffle, Goss. Harris, Henderson, Hunter, Jackson, Jenks,
Joiner, W. J. McKinlay, McDaniels, Middleton, Mdler, Moses, Nelson,
Newell, Olsen, Parker, Perry, Eichmond, Smalls, Thomas, Yiney, Webb,
Whipper, Williamson — B2.
Mr. L. S. LANGLEY asked permission to explain his vote, which was
granted. He said, "I vote no. I do this because I believe in the peo-
ple, and because I know that the body of legal voters have never been
drunk with whiskey, nor sold their birthrights for gold, whereas legis-
lators have been guilty of both. The people may have been deceived,
but they never have been bought."
Section sixteenth, providing that Judges of the Circuit Courts shall
interchange circuits with each other in such manner as may be deter-
mined by law, was passed to its third reading, without amendment.
Section seventeenth was read, as follows :
Section 17. The Courts of Common Pleas shall have exclusive juris-
diction in all cases of divorce, and exclusive original jurisdiction in all
civil cases and actions ex deHcto, which shall not be cognizable before
Justices of the Peace, and appellate jurisdiction in all such cases as may
be provided by law. They shall have power to issue writs of mandamus.
prohibition, scire fucias, and all other writs which may be necessary for
carrying their powers fully into effect.
Mr. E. C. DeLAEGE moved to strike out the words, " exclusive
jurisdiction in all cases of divorce."
Mr. J. S. CEAIG. I hope that some gentleman will rise and defend
this question as it now stands. I acknowledge my inability to do justice
to the subject. Heretofore this State has denied to any person the right
of divorce. I do not know any intelligent man who can deny that many
individuals have suffered from the operations of this law, and it requires
no imaginary picture to show that a vast amount of unhappiness has re-
sulted between man and wife because of their inability to effect a sepa-
ration. I hope the amendment, therefore, will not prevail.
Mr. B. F. EANDOLPH. The object of the gentleman is to strike
out " divorces," which so dreadfully looms up in the section. I am op-
posed to its erasure. There are cases in which divorces are necessary
and right. They are necessary for the common welfare of the parties.
CONSTITUTIONAL CONVENTION. 623
It is laid down in the Scripture, that for certain causes, certain parties
may be divorced.
Mr. R. 0. DeLA.RGE. What is the construction of Scripture con-
cerning the marital rite ? Was there any provision made for a divorce
in that clause of the Bible which says, " What God hath put asunder let
no man join together."
Mr. B. F. EA.NDOLPH. I am sorry the gentleman exhibits so much
ignorance in his quotations, aijd I would most respectfully refer him to
the New Testament, that he may become more familiar with the teach-
ings of our Saviour. I know of no law in which God has put asunder
in which man has a right to join together. It seems to me, if Christianity
is to be respected, if it is not a solemn farce, it is certainly the duty of
every legislative body not to adopt measures which are a direct violation
of the teachings of the Scripture, When parties live together without
harmony in the marriage relation, it is a Christian duty to separate them
and restore peace.
Mr. B. F. WHITTEMOEE. I trust this section will remain un-
changed.
Mr. W. J. McKINLAY. I move that the words, "in all cases of di-
vorce " be stricken out.
Mr. B. F. WHITTEMOEE. I rise to protest against any amendment
of this character. In the course of my experience in this State, it has
been a matter of pride that there has been no such stain upon her record
as a divorce. A case has been cited to me, which occurred in this State,
where a person married his own aunt, and afterwards becoming conscious
that he had done a great wrong, he sought relief from that connection.
By mutual consent the parties separated, and he afterwards married
another woman. The case was brought before the Courts, when it was
decided that there being no law in South Carolina which suffered him to
be divorced from his first wife, his aunt was decided to be the only wife
to whom he had been legally united. This case was especially noted by
the military authorities, and the case published. All will admit that
such a condition of things as that would seem to demand that we should
provide the ways and means by which individuals in such a position may
be relieved. A husband and wife may find uncongeniality of associa-
tion. One may prove unfaithful and unworthy of the love of the other.
Shall we say here to-day, with our voice and votes, that such parties
shall remain bound together in afiiliation without ^ny mode of relief?
Already two petitions have been brought before this body, and referred
to a Committee, which certainly commend themselves to our considera-
tion and charity. I trust that whenever such cases shall exist in new
624 PROCEEDINGS OF THE
South Carolina, means may be provided, in accordance with the law of
God and man, to release these parties from their unfortunate domestic
alliance.
Mr. R. C. DeLARGE. I desire to know what portion of God's law
gives a man a right to a divorce from his wife ?
Mr. B. F. WHITTEMORE. If the gentleman will make use of his
leisure and search the Scriptures for himself, he will find out.
Mr. WM. J. McKINLAY. To my mind there is a certain degree of
sacredness in the marital tie, which should make us cautious how we
act upon this question.
Mr. C. P. LESLIE. Are you a married man?
Mr. WM. J. McKINLAY. I am not, but soon may be, and if this
section passes, and divorce is recognized as a right, to my mind it would
divest the marriage relation of the sanctity which should attach to it.
Not only that, but it is altogether contrary to the Scriptural inJAinction,
which some members seem to entirely forget, that " tliose whom God
hath joined together let no man put asunder."
Mr. J. M. RUTLAND. I had intended to make some remarks upon
this subject ; but, in the course of the argument I threw out privately to
another, I chose to illustrate it by saying that whoever dared to interfere
in a quarrel between a man and his wife was apt lo come out of that
scrape with a bloody nose. I was told by the gentleman that I, being a
single man, had uo experience ia such matters, and, therefore, had uo
right to use such an illustration, on the ground that the President would
rule me out of order.
Mr. C. C. BOWEN. I do think that parties are entitled to a di-
vorce whenever legal grounds can be shown for such a measure, and the
laws of South Carolina, I certainly think, should provide for such
emergencies.
The question was then taken on the amendment to strike out, which was
not agreed to. The section then passed to a third reading.
Section eighteenth was read, as follows :
Section 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 matters of equitj-, but the Courts heretofore establiiehed 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.
Mr. C. C. BOWEN offered to substitute the words " Judicial Districts "
in first line for the word "County;" also to strike out the word "full"
CONSTITUTIONAL CONVENTION. 635
in second line, and to add after the last word in fifth line the words,
"unless otherwise provided for by law," the first of which amendments
was lost, and the second carried ; and the section, so amended, passed to
a third reading.
Section nineteenth was read a second time, as follows :
Section 19. The General Assembly shall provide by law for the pre-
servation of the records of the Courts of Equity, and also for the. trans-
fer to the Court of Common Pleas and Probate Courts for final decision
of all causes that may remain undetermined.
Mr. J. M. RUTLAND. As this is an important section, I ask that its
consideration may be postponed until to-morrow morning, when I
believe a clause satisfactory to all parties may be agreed upon.
Mr. E. W, M. MACKEY. I wish to see the Courts of Equity killed
off right here. A more diabolical institution never existed. I hope,
therefore, the motion to postpone will be voted down. I move to -lay
that motion on the table.
The motion to lay on the table was not agreed to.
Mr. B. P. WHITTEMOEE. I move that when we adjourn, it be to
meet at three o'clock to-morrow afternoon.
Mr. N. G. PAEKER. I move that when this house adjourns to-
morrow, it adjourn at 11 o'clock.
Mr. E. W. M. MACKEY moved to amend by inserting 12.
The question was then taken on the motion of Mr." PAEKER to ad-
journ at 11 to-morrow, and agreed to; and, on motion of Mr. J. M.
RUTLAND, the Convention then adjourned.
THIRTY-EiaHTH i:>J^Y.
Friday, February 28, 1868.
The Convention assembled at 10 A. M., and was called to order by
the President, Hon. A. G. MAOKEY.
Prayer was offered by the Rev. I8AA0 BEOCKENTON.
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. H. E. HAYNE. I move a reconsideration of the vote by which
the house agreed to adjourn at eleven o'clock this morning. I desire
that the business of the Convention should be proceeded with by calling
to the Chair, temporarily, the member from Pairfield (Mr. J. M. RUT-
LAND), and excusing the President and Chairman of the Finance Com-
mittee, while absent at headquarters receiving the money to pay the
members.
Mr. J. M. RUTLAND. I beg leave to decline, as it would require
the greatest familiarity with the bills now before the Convention, and
practice, to manage and keep in order the numerous amendments offered.
The question being put to the house, a division was called for, and
resulted — yeas 32, nays 48. So the house refused to reconsider.
A number of applications from members for leavfi of absence were
read.
Mr. 8. G. W. DILL. I object to granting any further leaves of
absence, unless the members are called home by sickness or some
similar pressing necessity. I am as anxious to be at home as any
one, but while there is so much work to be done, every member owes it
to the State, to his constituents and himself, to finish the labor of the
Convention within the shortest possible time.
Mr. B. 0. DUNCAN. I fear there is danger of being left without a
quorum. I think leave of absence should not be granted without a
good excuse was given.
The question being put, the house refused to grant leave.
On motion, the applications were taken up separately.
The reasons of the members applying for leave of absence were
given, and leave granted.
On motion, the consideration of the unfinished business was suspended
for a short time.
CONSTITUTIONAL CONVENTION. «2^
Mr. W. J. McKINLAY submitted the following resolutions :
Resolved, That delegates to this Convention, to whom leave of ab-
sence has been granted, be required to report to this body on their
return.
Resolved, That in the event th« time granted in said leave be ex-
tended, they be required to render, on honor, a satisfactory excuse to
this body, or be debarred the payment of their per diem for every day
«o absent, and that leave of absence shall not be granted to more than
eight members at the same time, except in case of sickness.
Mr. C. D. HAYNE moved to lay the resolutions on the table, which
was not agreed to, and the resolutions was adopted .
Mr. C. C. BOWEN presented the petition of Mr. F. C. Miller, of
Charleston, asking to have his disabilities removed. He represents that
he is disqualified from holding any office under the government of the
State, or of the United State.s, by reason of having participated in the
late war ; but he participated to this extent only, that he enlisted as a
private in the Marion Artillery, from the City of Charleston, about the
1st of November, 1862; did not hasten to go into the war, and kept out
of it as long as he could. The petitioner looks upon the said attempt to
sunder the Union as a crime, and regrets that he was ever led into it,
or felt any sympathy ior it. He now sincerel}' desires the restoration
of the State to her place in the Union, under the reconstruction acts of
Congress, and desires to be allowed to participate in the work of res-
toration.
Petitions in favor of C. W. Dudley, and Thos. C. Dudley, of Dar-
lington ; Alexander McBee, of Greenville ; H. H. Kinard, A. McDan-
iels, S. P. Kinard, T. W. Morris, H. S. Hammett, and H. Beatty, were
also presented, and all referred to the Committee on Petitions.
The hour of adjournment having arrived, the Convention adjourned
to 3 o'clock this afternoon.
AFTERJSrOON SESSION.
The Convention te-asseiiiblfed at 3 P. M.
The roll was called, and a quoirum being present, the Convention pro-
ceeded to business.
Mr. E. W. M. MACKEY moved that the Convention take a recess of
80
&2& PEOCEEDINGS OF THE
three-quarters of an hour to allow the members to receiTe their pay and
mileage, which was agreed to.
After the expiration erf that time, the PRESIDENT called the house
to order, and, oa motion of Mr. J. M. RUTLAND, th« Conventiors
adjoUirned.
THIRTY-lSriNTH D^Y.
Satiis'ilay, February 20, 1868.
The Contention assembled at 10 A. M., and was called to order by
the PRESIDENT.
Prayer was oflfered by the Rev. ALLEN FRANKLIN.
The roll was railed, and a quorum answering to their names, the*
PRESIDENT announced the Convention ready to proceed to business.
The Journal of Friday was read and approved.
Mr. B. F. RANDOLPH moved to suspend the rules of the house to
take up the ordinance requiring the Legislature to appoint three Com-
missioners, to investigate what are the outstanding obligations of the
State and their validity.
The motion to suspend was not agreed to.
The consideration of the Judiciary report was resumed from the nine-
teenth section.
Mr. J. M. RtJTLAND offered the following as a substitute for the
section :
Section 19. The Judges of the Court of Common Pleas shall, here-
after, be invested with all the powers of Chancellors to hear and deter-
mine Equity causes, and the rules and practice which now govern Courts*
of Equity in their proceedings, shall continue until changed by law.
There shall be at least two annual sessions of the Court of Equity in
each judicial district in the State, to be held at such times and places as
may be prescribed by law. It shall be the duty of the Judges in Equity
to file their decisions within ninety days from the day of the hearing of
the causes respectively. There shall be one Commissioner in Equity for
each judicial district in the State, to be elected by the people of such
district, whose term of office shall be two years, and whose fees and du-
ties shall continue the same as at the present time, till changed by law-
CONSTITUTIONAL CONVENTION. 629
Mr. R. C. DeLA-RG-E moved tlie indefinite postponement of the sub-
stitute.
Mr. E. W. M. MAGKEY moved a postponement of the further con-
sideration of the original section until Tuesday next, at 11 o'clock, and
that in the meantime the substitute be printed and laid upon the tables
of the members.
Mr. J. M. RUTLA.ND seconded the motion.
Mr. E. C. DeLARGE. I am opposed to the motion to postpone sim-
ply to print, on the ground that it will establish a bad precedent, and
before''we have finished our work on the Constitution, we may have to
postpone nearly every other section, to give time for printing both sub-
stitutes and amendments. The substitute as read was well understood,
as it proposes to introduce into the Constitution what we proposed to
keep out, that is Courts of Equity.
Mr. D. H. CHAMBERLAIN. I difi"er entirely with the delegate
from Charleston (Mr. R. C. DeLARGE.) It is at least an important and
open question, whether something in the nature of the provision pro-
posed by the delegate from Fairfeld (Mr. .7. M. RUTLAND), shall be
adopted, or whether, at one stroke, it will be safe to abolish the Court ol
Equitjf and all the officers connected with that Court. In my opinion,
and I believe the' majority of the Convention will agree with me, that it
is better to have the elaborate and carefully prepared substitute of the
distinguished member from Fairfield printed, and that we have time to
consider it.
The question being put, the further consideration of the nineteenth
section was postponed, and the substitute ordered to be printed.
Section twenty, providing exclusive jurisdiction of the Court of Gen-
eral Sessions over criminal cases, and for three terms every year in each
judicial district, was read.
Mr. J. L. NEAGLE moved to amend by striking out "judicial dis-
trict" and inserting " county," and the section, so amended, passed to
its third reading.
Section twenty-one, providing for the election every two years of a
Board of County Commissioners, to have jurisdiction over roads, high-
ways, ferries, bridges, and in all matters relating to taxes, disbursements
of money for district or county purposes, internal improvements and
local concerns of the respective districts, was read.
Mr. J. L. NEAGLE moved to amend by substituting "county" for
" district," which was agreed to.
Mr. B. F. WHITTEMORE moved to strike out the words " District
iSSO FKaUEEDfNGS OF THE"
Court" in second line, and insert "Board of County CommissiOBers,"'
which was agreed to.
Mr. J. L. NEAGLE moved to substitute the word "county" for the
word " district," throughout the sections, which was agreed to.
Mr. WM. McKTNLAY. In my opinion this section, as it reads, con-
fers unlimited and dangerous powers upon the Vx)ards it proposes tO'
create ; powers capable of great abuse, and, if injudiciously exercised,
calculated to entail ruin not only upon the district, but the entire State.
It is very evident that these boards, under this section, would have the
power, if they chose to exercise it, to purchase the right of ,way in
their respective districts, and construct main roads where, perhaps, main
roads are not needed, and might, even if they desired it, purchase the
right of way and construct railroads where railroads are not needed.
If they deemed it expedient for the benefit of the district, they could
undertake to clean our rivers and make them navigable. They might
make navigable streams where a ship never could reach. They have,
also, the power to collect taxes. With the view of putting this section
in form, I move to amend in second line by striking out the words
"which shall have full jurisdiotion over," and insert the words "who
under the authority of the General Assembly shall supervise," and
likewise to strike out all in the section after the word " and" in third
line, and insert in place thereof the following : " to discharge such other
duties appertaining to the counties as may be authorized by law."
The amendment was not agreed to.
Mr. E. L. CARDOZO moved to strike out the section, which was not
agreed to.
Mr. F. L. CAEDOZO. I object to this section for various reasons.
In the first place, I do not think it essential to the completeness of the
judicial report. It refers to ferries, highways, bridges, internal im-
provements, taxes, and other local concerns. I would like to know in
what respect these things are essential to a judicial report? This is
a matter for the Legislature. If we establish this body, we tie the
hands of the Legislature, and prevent their making lav^^s that might
suit county purposes better. If essential, as it evidently is, to have
some board to attend to this matter, and the Legislature to make a law,
they can repeal it from year to year to suit all circumstances. The Con-
stitution ought not to go into such details ; we should simply state the gen-
eral principles, and leave it to the General Assembly, to time, and to the
development of circumstances, to make the proper applications. In
what sense is it essential to a judicial report, that we should provide a
a Board of Commissioners for a ferry ? The Legislature can create these
I
CONSTITUTIONAL CONVENTION. liBl
Boards of Commissioners. If we make the law, when the Legislature
meets they can make provision for carrying it out in all its details. I
move, therefore, that the amendment be laid on the table.
At the request of Mr. N. G. PARKER, the motion to lay on ihe tfible
was withdrawn to allow the Chairman of tbe Conmiittee on the Judi-
ciary an opportunity to be heard.
Mr. C. C. BO WEN. I certainly see great nei-essity fur the {^(■ctioE
remaining just as it is. The only objection that g^fuu t<> be tailed is to
giving these Boards jurisdiction in matters of fine and disbursements,
wish to add, that under the laws of South Caroliiia, s-uljVtt to no
alteration by the Legislature, there are three different Boards of Com-
missioners, having power in each district to assess taxes, and the} are
responsible to no one. They can assess taxes under tlie 81ieritf, and
nobody has any business to open their mouth as to the propriety of the
assessment, or where the money goes to. The provision proposed in the
section can be found in nearly every State Constitution of the Union.
In some they are stjued Boards of Commissioners, in others Boards of
Supervisors. In regard to the construction of railroads, I will state that
I presume no body or set of men will attempt such an enterprise without
having that indispensable instrument — a charter from the Legislature.
These persons only have juri.'^diction in county matters. 'Iheie may
be many things we have already done that could have been Itlt to the
Legislature. We could have said that the judicial power oi the State
shall consist of such inferior courts as the Legislature shall estubiish.
If we wanted to leave this to the Legislature, we could have i-aid that ;
but we deemed it advisable to lay down general rules, by which the Leg-
islature shall be governed.
A clause similar to this can be found in the Ccnstitulicn of lecily
every State in the Union. In some of the States the Bcaids oj Cim-
missioners consist of five persons instead of three, and are nioie gene-
rally known as Boards of Supervisors. I certainly think there should
be something of the kind here. There is now a Board who have the
right to assess. They make out their returns, and hand them to the
Sheriff. The Sheriff hands them to the collectors to collect the ntity,
and fifteen or twenty per cent, is taken off from the amount collected.
The proposition is to consolidate, to put this matter in the hands of three
persons, who shall be held directly responsible. If these Couimissioners
do anything wrong, the persons wronged have the right to appeal to any
Court in South Carolina. In regard to leaving this to the Legislature, I
am not in favor of doing it. We do not know what that body may do.
If it passes laws covering this section now, the next Legislature may
easr proceemn'&s of nrif
change them entirely to our detriment. I am, therefore, in faror of
settling the question right here. A proposition will he made in the Leg-
islature defining the several counties, and I am a little surprised that it
has not been brought up here. I am in favor of putting it into the Con-
stitution. If so, it will be essential that these Boards shall have been
constituted by law. If the counties are divided into townships, men will
be elected to conduct the affairs of each town.
It is not intended that these Boards shall interfere with any person
having a chartered ferry, who complies with the condition of the charter.
It will be the business of the Commissioners, however, if roads are im-
passable, to repair them, to remove any obstacles in a public highway,
or to go into Court and move an injunction against any party who places
obstructions in a public road. Any party feeling themselves aggrieved
by any acts of these Commissioners, as I have said before, can go into
Court and make their appeal. In other words, the jurisdiction of these
Commissioners is not final. I, therefore, move to strike out the word
**fuU" on the second line, before the word "jurisdiction." With that
amendment I hope the section will be passed.
Mr. E. C. DeLAEGE. I move to amend so as to read: "The Legis-
lature shall, at its first session, make provision for the election of three
Commissioners in each county, and shall prescribe their duties and
powers." I trust this amendment will be adopted. It can truly be
called the olive branch between the two parties.
Mr. WM. McKINLAY. Will the gentleman from Charleston explain
the difference between his amendment and the substitute proposed ?
Mr. S. A. SWAILS. I move that the substitute be indefinitely post-
poned.
Mr. R. C. DeLAEGE. In answer to my colleague, I would say that
my substitute proposes to give the Legislature the power to pass a law,
by which three Commissioners shall be elected, in what manner they
shall be elected, and to whom they shall be responsible. I trust that
substitute will be adopted.
Mr. J. S. CEAIG. I offer the following amendment: "The qualified
electors of each judicial county shall elect three persons for the term oi'
two years, to constitute a Board of County Commissioners, who shall
have jurisdiction over public roads, highways, ferries, bridges and pub-
lic buildings, and in all matters relating to taxes and disbursements of
money for county purposes, in such manner as shall be provided by law."
That, I consider, covers all the ground, and obviates all objections to the
original section. >^
Mr. F. J. MOSES, Jr. I move to strike out the word "full." before
Ce>5fSTIT0TIONAL CONVENTlOK. liSi
tlie word * jurisdiction," and to insert the word "original," and to insert
after the word "districts," at the conclusion, '■'•Provided, That iu all
cases there shall be the right to appeal to the State Courts from the de-
cision of the said Couiinlssioners."
Mr. S. A. SWAILS moved to strike -out in the last line, "and local
ooncerns."
Mr. R. C. DeLARGE moved that the section be recommitted to the
Judiciary Committee, with iii^triu-tioiiy to report thei"eon on Monday.
Mr. J. J. WRIGHT. This matter has received the most cateful at-
tention of the Jxidiciary Committee, and they have reported it for the
■connderation of this liouse. Tlii< i« the time and place to act Upon it.
If we desire to adopt or reject the section, it is our prerogative to do so.
If we wish to offer amendments or substitutes, that, also, is within our
province. But if we recomudt it to the Committee, it will only result in
the loss of so much time, for I do not believe that there are any mem-
bers on that Committpe who would make any ehfinge in the section. In
regard to the amendments offered by the Chairman of the Committee to
strike out the woid "full, ' before jurisdii tion, and the word "district,"
so as to make it "Boards of County Commissioners," there was con-
siderable diversity of 0]iinion. There was a hitch in the Committee in
relation to this matter, from the fact that the established Courts in some
of the districts, including my own (Beaufort), had failed to mete out jus-
tice to the people. There are a class of people whose cases might be
brought before a District Court composed of County Commissioners,
That was the reason it was proposed to constitute these Boards a Court,
with power, in cases where they were not able to collect district taxes,
to issue their summons to defaulters, without being compelled to apply
to a Justice of the Peace. I believe it is the usual practice in every State
to have a Board of County Commissioners, who are entrusted with pow-
ers similar to what we propose to invest them with here, in this twenty-
first section. I believe it would be impossible for us to get along with-
out some such Board of Commissioners. Experience is the best test,
and those States that have tried a different experiment from this have
failed, and have finally resorted to this measure. These Commissioners
will have all the power over roads, ferries, &c., and they should have
the power to collect taxes to keep them in a good condition. If I am
driving a horse over a road unfit for travelling, and the horse becomes
injured in consequence of it, I want a remedy, and it will be my privi-
lege to bring a charge against the county. I have known many cases
brought up against a county for loss of property or damage caused by
roads being in an unfit condition for travelling.
mt PROCEEDINGS OF THE
The gentleman from Charleston (Mr. DeLARGtE) proposes, in hi» sub-
stitute, to make it obligatory upon the next Legislature to devise such
ways and means as they think proper for the establishment of these
Boards. If his substitute be adopted, it would give rise to this difficulty :
In the first place, a special election would have to be ordered to elect
these Commissioners In the next place, if there was not a special
election at once, then nothing could be done until 1869. We want this
measure to goiato eifeet aa soon as possible after this Constitution is rati-
fi^d. We want to commence work on our highways, and to put them in
travelling condition. I trust that this section will not be recommitted,
or that we shall lose any further time. Let us make no further change
for I believe it is just what we want and what we should have.
Mr. F. L. CARDOZO. I renew my motion to lay the amendment of
the gentleman from Charleston (Mr. DkLARGE) on the table.
The motion to lay on the table was not agreed to.
Mr. B. BYAS. I hope the section will not be recommitted. Most of
the amendments offered have been made by the Chairman of the Judi-
ciary Committee. I agree with the gentleman from Beaufort, that to
recommit would be only a loss of so much time. I hope all the amend-
ments will be voted down, with the exception of the amendment offered
by the gentleman from Sumter (Mr. MOSES), and that the section, with
that amendment, will pass to its third reading.
Mr. J. H. JENKS. I move to amend in the second line by inserting
before the word roads the words " public buildings," in the third line,
after the word bridges, "public buildings," and at the close, after the-
word district, the words, " subject to the enactments of the General As-
sembly."
Mr. E. B. ELLIOTT called for the previous question, which was sus-
tained.
The question was first taken on the amendment offered by the gentle-
man from York (Mr. J. L. NEAGLE) to strike out the word " district,"
and insert "county," which was agreed to.
The next was on the amendment of Mr. F. J. MOSES, Jr., to strike
out the word "full," before jurisdiction, which was decided in the nega-
tive.
The next question, was on the amendment offered by Mr. C. C.
BOWEN, Chairman of the Judiciary Committee, to strike out the word
" full," which was agreed to.
The next question, was on the motion of Mr. S. A. SWAILS to strike
out " and local concerns," which was decided in the negative.
The question was then taken on the amendment offered by Mr. B. O.
CONSTITUTIONAL CONVENTION. 63$
DUNCAN, to strike out '• roads, bridges and ferries," and insert " pub-
lic buildings," which was decided in the negative.
The amendment offered by Mr. F. J. MOSES, Jr., to add "provided
that, in all cases, there shall be the right to appeal to the State Courts
from the decision of said Commissioners," was agreed to.
The amendment offered by Mr. J. H. JENKS, of Berkley, was disa-
greed to.
{91 The amendment offered by Mr. WM. McKINLAY was also decided
H in the negative.
Ill The amendment offered by Mr. E,. C. DeLARGE was decided in the
negative.
The amendment proposed by Mr. J. S. CRAIG was also disagreed to.
Section twenty-one, as amended, then passed to its third reading.
Section twenty- two was read as follows :
Section 'I'l. A Court of Probate shall be established in each judicial
district, with jurisdiction in all matters testamentary and of administra-
tion, in business appertaining to minors and the allotment of dower in
cases of idiotcy and lunacy, and persons non compos mentis. The Judge
of said Court shall be elected by the qualified electors of the respective
districts for the term of two years.
Mr. B. F. RANDOLPH. I move to amend in the fourth line by
striking out " qualified electors of the respective districts," and insert-
ing the words " General Assembly," so that it shall read " the Judge
of said Court shall be elected by the General Assembly for the term of
two years." The question of the election of Judges by the people has
• been before this body twice. I am opposed to the elective system of
Judges. We have in both previous cases decided that the General
Assembly shall elect these Judges. I am also in favor of it in this case.
I do not propose now to give my reasons at length, as I have heretofore
given them. A very experienced gentleman from New York, as we
heard the other day, said if it did not fail in South Carolina it would be
a strange business. I ask. gentlemen, if they can show such elements
of character in the people of South Carolina as will guarantee the suc-
cess of this system, that are not found in the people of the State of New
York ? If you can show more experience, more intelligence in the peo-
ple of South Carolina than in those of New York, which will guarantee
the complete success of this system, then I will vote for the election of
Judges. There are those who seem to think it is in accordance with
republicanism. I do not propose to make republicanism go down on
all-fours. I believe in republicanism and in radicalism, but I do not
81
e^6 FKO'CEEDINGfS OF THE'
believe iu carrying it to extretaes. I am opposed to the electron o§'
Judges, because, in my opinion, it weakens their fidelity.
Mr. L. S. LANGLEY. I would like to know whether the gentle-
man considers vesting power in the hands of the people extreme ?
Mr. B F. EA?^DOLPH. I do. It was urged by that same gentle-
man that the people were better qualified to elect and judge of the
qualifications of men than the General Assembly, Does he suppose that
the members of the Legislature will be no more intelligent than the
people at large? It seems to me that that is a strange proposition. If
the members of the General Assembly are to be no more intelligent
than the people are, then I say. God help South Carolina. It ia to he-
supposed that the General Assembly will be composed of select men,
who are capable of making laws, and who possess qualifications that the
people do not generally possess. It may be said that it has been th&
custom in the State of South Carolina to have the Probate Judges elected
by the people. It matters not what South Carolina has done in the past,
we are now acting under new circumstances ;: we are preparing for the
future. South Carolina, in the past, went to a great many extremes.
South Carolina, in the past, supposed she possessed more intelligence
than all the other States in the Union ; she set herself up as a model,
and dictated to the General Government ; and, finally, defied the Gen-
eral Government. It defied God. She refused to grant divorces. God
wills there should be divorces. South Carolina even went so far as tO'
say God was wrong and South Carolina was right. I think it is time
for us to cease going to these extremes.
Mr. R. C. DeLARGE. What page of the Bible, or chapter and verse,
does the gentleman quote from ?
Mr. L. S. LANGLEY. What connection has the election of Judges
with divorces ?
Mr. B. F. RANDOLPH. I do not see the sense or wisdom of the
gentleman's question. For the reasons I have given, I hope these words-
"qualified electors" will be stricken out, and the words " General As-
sembly" substituted.
Mr. R. G. HOLMES. I move to strike out the words "judicial dis-
trict" and insert "county."
Mr. J. M. RUTLAND. I move to strike out the word " compos," on
the third line.
Mr. J. L. NEAGLE moved the previous question.
The call for the previous question was not seconded.
Mr. R. C. DeLARGE. I trust the motion of the gentleman from
Orangeburg will prevail.
1
CONSTITUTIONAL CONVENTION. ^37
Mr. S. G. W. DTLL I have consumed as little time on this floor as
any man in this house, but I hope I have done as much good as any
member of the house in eiFectual work. I am tired of seeing the people
•of South Carolina robbed of their rights. The gentleman from Orange-
burg has said more than he would have dared to say to the people at
home, that he did not believe in the people electing their officers. We
have come to this Convention to discharge th« duty that our constitu-
■ency at home require of us; what I proposed and promised to do before
T left home, I propose to do now. I hold the same opinions that I held
when I first became a candidate of the republican party in my district.
T am a Union man out and out. I was born and reared by Union pa-
rents, God knows it is my highest pride to have been a Union man ; I
have taken the pledge of unionism to the mother who embraced me ; I
am not willing to take away the suffrage of my people. If I had told
them that, I never would have left home, neither would the gentleman
from Orangeburg.
Mr. B. F. RANDOLPH. I beg leave to deny that.
Mr. S. G. W. DILL. I have kept quiet on this floor and seen my
people robbed of their rights. I say they should have the privilege of
electing all their officers, from the Supreme Judges and Governor, down
to and including their Magistrates and Constables.
The PRESIDENT announced that the hour for the Special Order had
arrived.
Mr. R. B. ELLIOTT moved to postpone the consideration of the Spe-
cial Order for ten minutes.
Mr. B. F. WHITTEMORE moved to postpone the Special Order until
the twenty-second section was disposed of.
Mr. R. C. DeLARGE moved to postpone the Special Order until lii
o'clock Monday.
The PRESIDENT stated the Special Order to be, an ordinance pro-
posed by the Committee on the Miscellaneous Provisions of the Consti-
tution, for the protection of the rights of minors.
Mr. J. J. WRIGHT. As this is a matter of vital importanee, and we
have not had time to consider it, I hope it will be postponed until Mon-
day^ I have no copy of the ordinance before me, and cannot give it the
consideration it should receive.
Mr. B. F. RANDOLPH. The Committee have had that ordinance
under'consideration, and proposed to refer it back to the Judiciary Com-
mittee, that it may be reported back to the house. If this motion to post-
pone is voted down, a proposition will be made to refer it to that Com-
638 PROdflEDINGS OF THE
mittee with instructions. A certain distinguislied legal gentleman, in
connection with the Committee, considered that ordinance as it is framed.
Mr. B. BYAS. I hope the motion to postpone will not prevail. It
has been before the Convention already and argued at great length, and
[ trust we will now take it up and dispose of it at once.
Mr. B. r. WHITTEMOEE. I trust it will be taken up for the pur-
pose of allowing the Chairman of the Committee on the Miscellaneous
portion of the Constitution, to make a motion to refer it back to the Ju-
ciary Committee.
The motion tu postpone the Special Order until Monday was not
agreed to, and, on motion, its consideration was postponed in order to
allow Mr. DILL to conclude his remarks on the twenty- second section
of the Judiciary report.
Mr. 8. G-. W. DILL. If I have wounded any gentleman's feelings in
this Convention I do not know it, and did not intend it. It was said by
the gentleman from Orangeburg that the State of New York, and
other States north and west of us, have adopted this rule of election
by a joint ballot of their Legislatures. The New Yorkers are in New
York, and the Iowa people are in Iowa, and South Carolinians are in
South Carolina. I do not think we are compelled to follow the example
of any other State ; the city of New York, in particular, I do not regard
as an example for anybody ; she has always gone head and heels for
the democratic party, no matter how corrupt or how debased its leader
may have been. She is not an example for me, for the people of my dis-
trict, nor for the people of South Carolina ; but every argument brought
up here seemis to be in favor of pleasing and appeasing democrats ; God
knows I would not follow in their footsteps if it cost me my existence.
I have been asked here in the streets of Charleston, where I resided
nearly forty years, and have only been out of it three years : " Mr.
DILL what are you doing in this ring- streaked-and-striped Convention r'
I am surprised at you, I would not stay in that damn nigger Conven-
tion ?" My reply was, I have always been a poor man, and was always
known to be on the side of the poor. These people, I said, have been
robbed heretofore, their wives, daughters and sisters, taken from them
and sold ; they have been maltreated, and I asked who made this Con-
vention ring-streaked-and- striped, and who consorted with their fami-
lies ? Their complaint is Hke that of the wolf, who complained of the
sheep muddling the water above him. i
The gentleman from Orangeburg said, if the members of the Legis-
lature were no more competent to elect officers, from the highest to the
lowest, than the people of the State, then, "God help South Carolina."
CONSTITUTIONAL CONVENTION. 639
I say, God help the people of South Carolina, if they allow the power
they now have to again slip out of their hands. I ann through, but let
me say, in conclusion, the people of Kershaw Dislri^^t demand that these
elections shall be left in the hands of the people. I, as their humble
representative, answer with aU my heart, amen. For those who have
acted differently I can only pray that God in his great wisdom may bring
them to repentance : for I tell them the people will hold them responsi-
ble for their action.
The consideration of the Special Order was resumed.
Mr. B. 0. DUNCAN submitted the following, which was agreed to :
Resolved^ That this report of the Committee on Miscellaneous Provi-
sions be referred to the Judiciary Committee, with instructions to con-
sider the propriety of inserting a section in the Constitution to protect
minore and other cestui que trusts against Trustees, Guardians and
other fiduciary agents who invested the funds of their trusts in Confede-
rate or State bonds during the war. Also, to consider the propriety of
annulling all debts still unsettled, either public or private, made in aid
of the rebellion, or by order of the Confederate authorities, or by order
of the State authorities during the war. Also, to consider the propriety
of inserting in the Constitution a section annulling all obligations con-
tracted for slaves, and taking from the Courts jurisdiction over all claims
of this nature.
The unfinished business, being the consideration of the twenty-second
section of the Judiciary Report, was then resumed.
The question was then taken on the motion of Mr. B. F. RANDOLPH
to strike out the words "qualified electors," and insert "General As-
isembly."
Mr. C. M. WILDER moved the indefinite postponement of the
motion, which was agreed to, and section twenty-second then passed to
its third reading.
Section twenty- third was read, as follows:
Section 23. A competent number of Justices of the Peace and Con-
stables shall be chosen in each district by the qualified electors thereof,
in such manner as the General Assembly may direct ; they shall hold
their ofiices 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.
Mr. J. L. NEAGLE moved to strike out "district," and insert "coun-
ty," which was agreed to.
Mr. R. G. HOLMES moved to strike out the word " beat " in the
fourth line, and to insert the word " township," which was not agreed to.
640 PROCEED fKGS OF THE
Mr. C C BO WEN moved a call of the house. The call was ordered,
and a quorum being present, the discussion was continued ; and Mr. J>
S. CRAIG moved a reconsideration of the vote by which the word
"beat" was not stricken out, which was lost, and section twenty-third
passed to its third reading.
Mr. E. 0. DeLARGE gave notice that on Monday next he would move
a reconsideration of the vole whereby section twenty-second passed to
its third reading.
Section twenty-fourth was read as follows, and passed to a third read-
ing, without debate :
Section 24. Justices of the Peace, individually, or two or more of
them jointly, as the General Assembly may direct, shall have original
jurisdiction 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 law in actions ex delicto, where the damages claimed
do not exceed one hundred dollars; and prosecutions for assault and
battery, and other penal offences less than felony, punishable by fines
only.
Section twenty-fifth was read, as follows :
Section 25. They may also sit as examining Courts, and commit, dis-
charge, or recognize persons charged with offences not capital, subject to
such regulations as the General Assembly may provide ; they shall also
have power to bind over to keep the peace, or for good behavior. For
the foregoing purposes they shall have power to issue all necessary
process.
Mr. C. C. BOWEN moved to insert after the word "or," on first. line,
the words, "except in capital eases;" and to strike out in second line the
words, "not capital," which was adopted, and the section passed to its
third reading.
Sections twenty- sixth and twenty-seventh, relative to the regulation of
actions before Justices of the Peace, and compensation of Judges of
Probate, Justices of the Peace, and Constables, were read, and passed to
their third reading, without debate.
Section twenty-eighth was read a second time, as follows:
Section 28. No person who has arrived at the age of seventy years
shall be appointed or elected to fill the office of Judge in this State.
Mr. R. C. DeLARGE. I move to strike out the entire section.
IMNSTITUTIONAL CONVENTION. 6il
Mr. B. F. WHITTEMOEE. I move to substitute "eighty" iot
*' seventy."
Mr. B. F. RANDOLPH. I move to amend by inserting "one hun-
dred."
Mr. B. BYAS. I move to amend by making it *' seventy- five."
Mr, N. O. PARKER. I move to postpone indefinitely' all the amend-
ments.
Mr. B. BYAS. I hope they will not be indefinitely postponed.
Mr. J. L. NEAQ-LE. I second the hope. God in his omnipotent wis-
dom hath decreed that man's existence should be three score years and
ten. I hope we will take up and discuss the various amendments.
Mr. R. C. DeLARGE. I trust the house will not gag the friends of
the various measures proposed by postponing them in a bunch, but that
we will discuss and act intelligently upon them.
The question was then taken upon the motion to postpone, and de-
■inded in the negative.
The question next recurred on the motion to strike out '* seventy " and
insert " one hundred."
Mr. B. F. RANDOLPH. 1 have known, and, perhaps, other mem-
bers of this body have known men who at the age of ninety, or over,
were better qualified, and had more experience for the responsible posi-
tion of Judge than men at the ages of twenty-five or thirty. I hope,
therefore, the word " seventy" will be stricken out and "one hundred"
inserted.
Mr. R. H. CAIN. I think we could pass this just as it is without
doing any harm ; I think we are only losing precious time. When a
person arrives at the age of seventy he has spent the greater portion of
his best days, and should be permitted to retire.
Mr. J. S. CRAIG. We have already provided that our Judges shall
be elected for six years. It appears to me it should be left to those who
elect a person to that office to decide for themselves whether his mind or
judgment is likely to be impaired by old age before his time will expire.
It seems to me unnecessary to make it seventy, one hundred, or any
other age. I, therefore, propose to strike out the whole section.
Mr. S. G. W. DILL. I am in favor of the motion to strike out the
section. I regard it as but another attempt to rob the people of their
rights. I was disposed to let the people choose the Judges themselves.
If a man is eighty years or over, and chooses to become a candidate
and he can be elected, it should be his privilege to serve.
Mr. R. C. DeLARGE. I trust the house will consent to strike out
OIS PEOCEEDINGS OF THE
this section. Some of the most prominent men in the country are those'
who have attained the age of seventy years.
The speaker was proceeding, when the PRESIDENT announced the
hour of one having arrived, and the Convention stod adjourned to
three P. M.
AFTKRNOON" SESSIOlSr.
The Convention re-assembled at three P. M., and was called to ordei
by the PRESIDENT.
Mr. S. G. W. DILL. I rise to a question of privilege. I desire tc>
finish my remarks in relation to the attack of the Mercury upon my
character. Prudence forbade me, this morning, from saying what I de-
sired to say in this Convention about that sheet.
Mr. J. J. WEIGHT. I object to any further explanation.
The PRESIDENT. Every member of a deliberative body has the
right to vindicate himself from any attack made upon him in any of the
public journals of the city.
Mr. F. J. MOSES, Jr. I desire to ask the Chair if the privilege ac-
corded the gentlemen is under the rules of the house. If it is, I desire
to make a motion to suspend the rule in order to debar him that privi-
lege ?
The question was taken on the motion to suspend the rules of the
house, and was decided in the negative.
Mr. L. S. LANGLEY moved that the Convention adjourn, which was
. not agreed to.
Mr. 8. G. W. DILL. I hope my friend of the Mercury will stand
here forever.
The Mercury has said that I oppressed people with my laws. I pro-
nounce it a willful fabrication. My more respectable neighbors they
allude d to are men and persons I never had communication with, nor
never expect to. They are men of no character, and jiot worthy of my
notice. The assertion that I came into Camden on Court day with an
escort is a fabrication. A goodly number of people did come there, but
not as my escort ; that I can prove. The assertion that I indicted a gen-
tleman for assault and battery may be true, but that any were placed on
'the stand and swore they would not, believe me on oath is not true;
that is a wilful fabrication. They did say they would not believe me :
CONSTITUTIOXAL CONVENTION. 643
but when the Solicitor put the question, " is it not Squire DILL'S po-
litical views you allude to and not his word?" the answer was, " mostly
that." It is false when they say " no bill was found." A nol. pros, was
ordered to hd entered on the Journal. It was a verification of the old
saying, " sue the dovil and try the case in hell." I was attacked on the
highway by this ruffian, who leaped into my buggy and attempted to
draw me out, and I broke his arm for him. So much for that.
The Mercury calls us a ring-streaked -and-striped Convention ; I ad-
mit it is all that ; but who made it ring-streaked-and-striped but just
such men as conduct the Mercury ? It would not have been ring-
streaked-and-striped, if such men as manage the Mercury office and
newspaper had been exterminated long ago. They put the stripes
into it.
Mr. B. F. RANDOLPH. The gentleman is f.ertainly out of order in
going into the character of the Convention.
Mr. S. G. W. DILL. I beg to say that as I am one, though a small
part of the Convention, it is a stigma towards me, and I have a right to
relieve myself. These men are fond of "Ariel ;" they believe in " Ariel,"
and they say colored beasts are best, and we in the Convention are
beasts.
Mr. B. F. RANDOLPH. I object to the gentleman's discussing the
Mercury's fondness for " Ariel ;" I do not think it applicable.
Mr. 8. G. W. DILL. I say if what " Ariel " states is true, the State
will have a fine time in trying these gentleman for violations of law,
for it is against the law of God, as well as against the law of the land,
to lie down and have carnal connection with beasts ; therefore they must
die, and should have suffered the penalty of their crimes long ago.
The PRESIDENT decided that the gentleman's time was up, and the
consideration of the twenty- eighth section of the Judiciary report was
resumed.
Mr. R. C. DeLARGE. I repeat the hope that this section will be
stricken out. I believe it to be inconsistent with the principles of justice
and equity. Some of the most prominent and leading men in the coun-
try are those whose minds are brightest, and their intellects shine with
the greatest brilliancy at the age of seventy. I may refer to the hon-
ored President of the Convention, who has arrived at the age of sixty,
and whose presiding over the deliberations of this body is, of itself, one
of the strongest arguments against this section being retained. One of
the most learned men of this State — one of the ablest South Carolina
jurists and Judges who have graced the bench of the State, though dif-
fering with them in politics, is Chief Justice Dunkin, now over seventy
82
e4:i FKOCKEDllVGS OF TEE
years of age, retaining and exercising; his full intellectual powers— an<
ornament to the bar and the State. Turning to the past history of my
native State, 1 might refer you to the late Chief Justice O'Neall, Chan-
cellor Johnson, and others, who, during their time, rendered the ablest,
decisions at seventy years of aige, and who, as far as ability and learn-
ing were concerned in the dispensation of law, had no superiors. That
any of our learned Judges on the bench differed with us in politics is
not to be taken in question in the administration of law. I know it will
be argued that men at that age become imbecile and childish ; but in the
present Constitution which we are framing, we have a safeguard in hav-
ing restricted the term for which a Judge is elected to six years. But
to send forth such a doctrine, that to be old, to be experienced, to be
wise, is a crime, is certainly not in accordance with republican princi-
ples, which we all desire to perpetuate. One of our most ardent ad-
vocates is Mr. Thaddeus Stevens, now over seventy-five years of age-
It is true; tlie opponents of reconstruction may say he is unable to de-
liver his own speeches, but no one can for a moment doubt the brightness-'
of his mind, or his consistency to his country and to mankind.
In the cabinet of the present Administration we find Mr. Seward, who,
although said by some to be a wily politician, is a man of undoubted
ability, and is over seventy years of age. I might go on and cite hun-
dreds of other cases.
Mr. J. J. WEIGHT. How old was Chief Justite Blackstone when
he died ?
Mr. R. C. DeLARGE. According to the best information I have, he
was, at the time of his death, in the sixty-ninth year of his age. Where
you find a man who once possessed a brilliant mind becoming an imbe-
cile at seventy, you will find hundreds who have retained the brilliancy
of their intellects to the hour of their death. It was a settled principle
heretofore in South Carolina, that unless a man had attained a certain
age, or was gray-headed, he was unfit to take part in the government of
the State, and unfit to be a legislator. That sentiment ruined the State.
It kept out of the offices of the State the ideas of progress. It kept
young men from reaching any position, and placed the State in the
hands of the ruling aristocracy, and a set of men who were taught ail
the prejudices of the heretofore ruling classes, and the prejudices of the
social circles of that class, before they were allowed to get into any posi-
tion. You propose to go to the other extreme. I trust our test will be
ability, integrity, and honesty, the true test and key-note to republican-
ism. I trust the section will be stricken out.
Mr. C. C. BOWEN. The gentleman has undertaken to show that
CONSTITUTIONAL CONVENTION filS
persons at tlie age of seventy years are just as eligible to office as a per-
son in the meridian of lifR. In support of that, he has cited various
other officers. I would remind the gentleman that the cases (;ited by him
are not analogous to that of the Circuit Judges to be elected here, and
who are expected to ride over the circuits, and hold at least five terms a
year in each county. The State of New York retire their Judges at
f<ixty-five. It was to avoid any necessity to impeach or try a Judge for
inability or infirmity in the discharge of his duty that this section was
inserted. The object is to prevent the offices of Judge being filled with
imbeciles. I propose to offer an amendment, which I hope will be ac-
cepted as a compromise. I propose to strike out on the second line the
words, "who shall," and insert, ''after he arrives at the age of seventy
years," and to add at the close, " Provided, That the prohibition herein
contained shall not extend to the Judges of the Supreme Court." I con-
tend that when a man arrives at the age of seventy he is unfit to be put
upon any circuit. Though Judge Dunkin may be an able man, I con-
tend it is no criterion in this case. I hope the Convention will pass the
section with the amendment I propose.
Mr. E. Gr. HOLMES. My objection to the section is that I do not
think we should limit the people in their choice of Judges. If it was
left to the Governor to appoint, I might favor the passage of the section
as it is. I have been looking over to find the ages at which some of our
Presidents died. Washington died at seventy, Adams at eighty-four,
Jefferson at eighty- three, Madison at seventy- five, Monroe at seventy-
four. No one will say that these men were non compos at the age .of
seventy. Men are as sound in their judgment at the age of seventy as
they are at any time of their life. We have left it in the hands of the
people to say whether they shall be Judges, and we certainly should not
limit them to age. Suppose a mau is sixty- eight or sixty-nine years old,
and we wanted to elect him Judge for six years. By this section we
would be deprived of that privilege. There are many reasons why we
should strike out the whole section.
Mr. B. F. EANDOLPH. Do you not think the rule by which the
Judges of the Supreme Court of the United States are allowed to hold
their position for life a good one?
Mr. R. G. HOLMES. I do not.
Mr. F. L. CAEDOZO. I think gentlemen are fighting a shadow.
The amendment would allow a Judge to continue in office until hp was
seventy-five years and eleven months old.
Mr. A. J. EANSIEE. I hope this section will neither be stricken out
nor passed in its present form. The cases of John Quincy Adams and
016 PROCEEDINGS OF THE
our own Chief Justice Dunkin, cited here, are knovru to be exceptions.
In this case, we are endeavoring to lay down a certain principle, accord-
ing to what is a well known and acknowledged fact. Men at the ages of
fifty and sixty may certainly be said to be going down the hill of life.
Our efforts, in my opinion, should be to select those who still retain the
vigor of their intellect. It is asserted that the Legislature will exercise
this prerogative discreetly, and will see to it that no person is selected
who is incompetent to fill the position of Judge. But if we leave it en-
tirely open, we do not know what will be the result. We are called
upon to settle this question here, and I hope we will not leave it to an
uncertainty. The Constitutions of the several States limit the number
of years, as this section does, to seventy. I think it will be found in the
Constitutions of Massachusetts, Ehode Island, Connecticut, and several
others. I do not propose to vote for tlie section as it is. I move to
amend by inserting " eighty-tive " instead of "seventy."
Mr. WM. J. McKINLAY. Could I be (jonvinced by any force of ar-
gument that Judges were not human, and consequently that the same
effect that time has upon other men did not influence them, I would be
willing that this section should be stricken out. But, as I entertain a
contrary opinion, I am opposed to the motion to strike it out. I think it
should be retained in our Constitution. The duties to be performed by
the Judges of the Circuit Courts are arduous, and for that reason we
should have hale and hearty men. I do not see how a man, at the age
of seventy, can travel through the circuits, and perform his duty to his
own or to the satisfaction of the people.
Mr. S. A'. SWAILS called for the previous question, which was sus-
tained.
The question being taken on the various amendments, the motion of
Mr. B. r. WHITTEMOEE, to insert '' eighty " instead of " seventy
years of age," was agreed to.
The question was then taken on the motion to strike out the entire
section, which was agreed to, and the section was stricken out.
Section tw/enty-ninth, providing that Judges shall not charge jiiries in
respect to matters of fact, but may state the testimony and declare the
law, passed to a third reading, without amendment or debate.
Section thirtieth, providing for the election of Clerks of Courts of
Common Pleas, was, on motion of Mr. E. W. M. MACKEY, amended
so as to insert the word " county" for "judicial district," and to fix the
term of office for four years, and then passed to a third reading, without
debate.
€ONSTlTUTfONAL CONVENTION. tt4»i
Section thirty-first, relative to the election of an Attorney-General of
the State was read.
Mr. C. C. BOWEN moved to amend by striking out the words " shall
reside at the seat of government and," in first and second lines, and also
to strike out the words " by a joint vote of both branches of the Gene-
ral Assembly," in second and third lines, and to insert in the place
thereof the words " by the qualified electors of the State ;" and also to
strike out the words " a compensation to," in the fourth line, and insert
^' such compensation as shall."
The amendments were agreed to.
Mr. F. J. MOSES, Jr., moved to strike out the word " two," in third
line, and to insert the word " four," so as to fix the term of ofiice at four
years,
Mr. E. C. DeLAEGE, The term of Governor has been fixed at two
years, and I trust that of the Attorney-General will be the sfime. I pro-
pose two instead of four.
Mr. F. J. MOSES, Jr. It certainly seems to me that the term of the
Attorney- General should be for four years. The office of Attorney- Gene-
ral is not connected in any manner with that of Governor. It may,
with some reason, be said that the term of the Adjutant-General, as fie
is a salaried ofiicer under the Governor, should be the same as that of
the Governor; but the Attorney-General is an officer of the Court, the
chief prosecuting officer of the State, and should, at least, hold his ofiice
as long as the Judges.
Mr. J. M. EUTLAND. I regard the term of four years as short
enough for the Attorney- General to become familiar with the duties of
his office. It requires much practical experience to discharge the duties
of that office in a proper manner. It is somewhat analogous to the office
of Judge, and the Judges are to be elected for six years. The Attorney-
General is the adviser of the State of South Carolina, and the adviser of
all the important officers of the State. It is necessary, first, to become
acquainted with the routine of the office, which I will venture to say
even the ablest lawyer can scarcely accomplish in less than two years
I would fix his term the same as that of the Judges, but I am willing
to support the term of four years. I believe that it is necessary to fix
that period to render his services valuable to the State. These officers
were intended to serve the State of South Carolina. I am satisfied no
man can be qualified at the end of the half term proposed.
The question was then taken on the motion to strike out '* two" and
insert " four," which was agreed to. Section thirty-oDe then paseed to
its third reading.
«iS PEOCEEBINGS OF THE'
Section thirty-two, providing for the election of a Solicitor for eacTi!
circuit, for a term of four years, was read a second time.
Mr. B. F. WHITTEMORE moved to amend by substituting for the
word "to" in third line, the words "as shall;" which was agreed to,,
and the section passed to its third reading.
Section thirty-three, in relation to the election of a Sheriif, Coroner,
and a District Surveyor was read, and Mr. S. A. SWAILS moved to
amend: Strike out the word "district" wherever it occurs, and insert
the word "county," which was agreed to.
Mr. E. C DeLARGtE moved to strike out the words " County Sur-
veyor."
Mr. J. S. CRAIG. It appears to me there is a necessity for a Sur-
veyor for each county. A great deal of land will, no doubt, have to be
surveyed, and we should ha've a regularly commissioned and authorized
Surveyor in each county, whose surveys would be recognized as legal.
It is customary in nearly all the States to have a Surveyor, who, as a
general thing, receives certain fees for their services from the land owq-
ers, or the parties employing them. It is, generally, no additional
expense to the Statf^.
Mr. HAYNE moved to indefinitely postpone the amendment offered.
Mr. J. J WRIGET. I hope that motion will not prevail. It is true
we want these Surveyors ; but we do not want more than those whom we
expect t.> survey tiud lay off the land in school districts, and after that
is accomplished we want to be able to discharge them. If this clause
remains as it is, we will be compelled to have Surveyors in every county
in the State ; we do not wish to be compelled to have them, especially
after their work has been accomplished. Let us leave it to the Legisla-
ture to provide for county or district Surveyors ; but if it is inserted in
the Constitution it cannot be repealed. I hope the motion to postpone
will not prevail but that the amendment to strike out " County Sur-
veyor" will be adopted.
Mr. HAYNE withdrew the motion to postpone.
Mr. R. C. DnIiARGE. My only object in offering the amendment was
the protection of the people. It is a well known fact that monopolies
are dangerous. Give this Surveyor the exclusive privilege of surveying
the land, and he will always take advantage of the necessities of the
people, especially in large counties, where, perhaps, there are six hun-
dred square miles. The people in some cases, perhaps, would have to
wait for weeks, perhaps for months, before he could be induced to come
and survey the land. There are in each county a number of Surveyors,
and we can leave this business to them just as we leave other business
€H!»"NST1TCTIUNAL CONVENTION. ©I'd
to the doctors or lawyers. There is nothing to be gained by having a
Surveyor elected for the district. It bas been thought that a County
Surveyor would be better able to settle disputes that might arise con-
■cerning lands. That impression has been proved by experience to be
incorrect. The County Surveyor cannot settle disputes, and, therefore,
cannot benefit the people. I would leave the business open for competi-
tion, and let the men of that profession cope with each other just as
■other professional men do.
Mr. J. S. CEAIG. Would not official records have more weight in
Court than records of a private character ?
Mr. E. 0. DeLARGtE. It is not so in the case of Surveyors, the
evidence goes for just what it is worth. In a very large portion of some
districts there is certainly no need of a Surveyor, because there is
nothing but ponds.
Mr. C. C. BO WEN I see no real necessity for a District Surveyor ;
it might do very well for a new country, but in this State there are a
great many private Survey Drs, men who gain a livelihood by surveying.
The Legislature may fix the price, if necessary, to prevent extortion ; I,
therefore, hope the words " District Surveyor " will be stricken out. I
vilso move to strike out the words "commissioned by the Governor"
and the word " two," and insert " four," so as to make the terms of
Sheriff and Coroner '"four years."
Mr. S. COELEY. I hope that amendment in relation to the term of
J ears will not prevail. We have been cursed too much with long terms
of office. It has made office holders careless, indifferent, reckless, and
unmindful of the interests of the people.
The question was then taken on striking out the words " County
Surveyor." which was decided in the affirmative, and the words stricken
out.
The next question, was on striking out "two," and inserting "four."
Mr. S. CORLEY. I believe it to be to our interest and the interest
of the people, that we should confine ourselves strictly to the term of
two years — I would prefer to make it one. When a man is once elected
to an office, and feels that he is safely ensconced there, as I have said,
he becomes ungrateful to the people who elected him. They sit down
until near the time for another election, when they begin to log-roll
again. Make it two years only, and they will discharge their duties
faithfully. The people can then keep the reins in their own hands, and
cause the officers to be more faithful to the public.
Mr. C. C. BOWEN. I think if the gentleman has proved anything,
it is that he is in favor of keeping up log-rolling. He is not satisfied
eS(f TROUEEDINGS OF THE
with log-rolling once in four years, but wants to bring it about ererj
year. I desire to see the duties of an officer faithfully discharged, and
ample provision has been made to remove persons for any delinquency.
I hardly think it is necessary to presume that every man, however faith-
ful, will be re-elected on the recurrence of an election. I am willing to-
be charitable, and if a man attends to the duties of his office, permit
him to retain it at least for four years. I hope the amendment will pre-
vail, and that the section will read " four years " instead of " two."
Mr. S. G. W. DILL. I move to add " Tax Collectors."
The question being taken on the motion to strike out " two" and
insert "four," it was agreed to.
The motion to amend, by striking out the words " commissioned by
the Governor," was also agreed to.
Mr. N. G. PAEKEE. No provision seems to be made for County
Treasurer. I move to add after the word Coroner, " and County Treas-
.i;i^er.", We have provided for County Commissioners, Coroners, Sher-
iffs, and I think there should be, at the same time, a Tax Collector and a
County Treasurer.
Mr. E. W. M. MACKEY. I hope the amendment will not succeed.
This can be left to the Legislature. Let that body provide how Tax Col-
lectors shall be appointed or elected. I see no necessity for incorporating
it in here. ,
Mr. N. G. PARKER. I know it is the custom in other States to have
all these county officers. I do not know but that provisions have al-
ready been made in other reports ; but if not, this is the very section in
which to insert it.
Mr. N. G. PARKER afterwards mthdrew his motion, and section
thirty-three passed to its third reading.
Sections thirty-four and thirty-five, relative to writs, processes, prose-
cutions, the publications of the decisions of the Supreme Court, after
being amended, on motion of Mr. BO WEN, so as to provide that all
prosecutions be conducted in the name of the people of South Carolina,
and that all writs shall be tested by the Clerk of the Court from which
they shall be issued, unless otherwise provided by law, passed to their
third reading.
This being the closing section of the judicial department, on motion,
the Convention adjourne
FORTIETH r)A.Y.
.^londay, ITIarch *2, 1868,
The Convention assembled at 10 A. M., and was called to order by
the PRESIDENT.
Prayer was offered by Rev. J. M. RUNION.
The roll was called, and a quorum answering to th«ir names, the
PRESIDENT announced the Convention ready to proceed to business.
The Journal of Saturday was read and approved.
Mr. J. M. RUTLAND presented the petitions of sundry citizens of
Fairfield District, praying the Convention to recommend the removal of
their political disabilities.
Mr. B. 0. DUNCAN called for the report of the Committee on Fran-
■shise and Elections. The members, he said, were getting very anxious
to have the report of that Committee before them. They regarded it as
one of the most important questions with which they have to deal, and
wanted time to consider it. He moved that the Committee be required
to report Wednesday morning.
Mr. R. C. DeLARGE said the Committee were ready to report, but, to
save time, had not sought to introduce it before the house was ready to
act upon it.
Mr. J. J. WRIGrHT moved to amend the motion, so as to require the
Committee to report Tuesday morning, which was agreed to, and the
motion carried.
Mr. R. G. HOLMES made the report of the Special Committee of
Five, appointed to consider a proposition for the establishment of a Board
of Land Commissioners. The Committee reported a.n ordinance, pre-
viously introduced, and asked that it be drafted into the new Constitu-
tion. The ordinance provides for the establishment, by the General As-
sembly, of a Board of Commissioners of Public Lands, with authority to
purchase, at public sales or otherwise, improved and unimproved real
estate within the State. The Commissioners are also authorized to cause
the lands to be surveyed, and laid off in suitable tracts, to be sold to
actual settlers, on condition that one-half be placed under cultivation
within three years from date of purchase, the purchaser paying interest
upon the amount of the purchase money, at the rate of seven per cent,
per annum. The titles to the lands thus sold are to remain in the State
until the principal and interest is paid.
Mr. B. F. WHITTEMORE moved that the ordinance be printed, and
copies laid on the tables of the members, which was agreed to.
8.3
«$af Fm»CFrEI>TNG8 OF 'iHE
On motion of Mr. L. S. LANG LEY, the ordinance was made the?
special order for 4 o'clock P. M., Wednesday.
Mr. R. SMALLS called for the unfinished business.
The uniimshed business, which was the consideration of article fifth,,
on jurisprudence, in the report of the Committee on the Judiciary, was
taken up, and after an amendment, substituting the word "county" for
"district," passed to a third reading, without debate. This article-
which comprises three sections, provides that the General Assembly
ishall pass all necessary laws, and appoint some suitable person or per-
sons to revise, simplify and abridge the rules, practice, pleadings and
forms of the Couit now in use in this State.
Article sixth, on eminent domain, included in the report of the Com-
mittee on the Judiciary, was taken up.
Section first was read, as follows :
Section 1. The State shall have concurrent jurisdiction on all rivers
boi'dering 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 lim,its of the State, shall bt-
fommon highways, and torever free, as v/ell to the inhabitants of this^
State as to the citizens of the United States, without any tax or impost
therefor.
Mr. B. F. WHITTEMORE moved to amend by adding after the word
"therefore," in the fifth line, the words "unless the same be expressly
provided for by the General Assembly," which was agreed to.
Mr. B. O. DUNCAN moved to amend, so that the section would read ■:
"The Legislature shall have such control over all rivers and other
streams as may be necessary to keep them open and clear, and for drain-
age purposes."
I think it is very necessary that this power shall be given to the Leg-
islature. In many parts of the State the streams are clogged up, and it
has been found impossible, through any power or authority conferred, to-
keep them clear. This is particularly the case in the low country, where
thei e are many swamps which are constantly overflowed, and, therefore,
rendered incapable of proper cultivation, besides producing sickness.
Mr. W. B. NASH. I object to the first clause in the first section,
giving the State joint or concurrent jurisdiction on all rivers bordering
on other States. I think the United States Court decided, in the case of
the City Council of Augusta, against Schultze, that the boundaries of
the State of Georgia came over to this side of the river. If we pass
this clause, therefore, it will probably cause a conflict between that State
and South Carolina in regard to the Savannah River.
CONSTITUTIONAL CONVENTION. ©53
Mr. C. C. BOWEN. If a viver is out of the State of South Carolina,
it is evident that the State can have no jurisdiction.
Mr. B. BYAS. I hope the amendment will prevail. It will be re-
membered by this house that a man owning a stream of water may, by
running a wharf across it, stop the navigation of the whole of the river,
A man may own a ferry, and rua a wharf so far as to impede its naviga-
tion. I know this from actual observation, for I live upon the head of a
■creek which connects the Ashley with the Stono, and if a man felt dis-
posed to do so, he could blockade it effectually by running a bridge or
dam across it. I believe, therefore, that it is right for the Legislature to
have special jurisdiction over this important subject, and prevent indi-
viduals from injuring the interests, perhaps, of an entire community.
Mr. S. A. SWAILS. The section declares that all navigable waters in
the State shall become highways.
The question was then taken on the amendment of Mr. B. 0. DUN-
CAN, and decided in the negative. The section was then passed to its
third reading.
The hour for the Special Order, which was an ordinance for the divi-
sion of the State into Congressional Districts, having arrived, the ordi-
nance was called up, and, on motion of Mr. B. 0. DUNCAN, it was
postponed until Friday at half-past 10 o'clock.
The unfinished business was then resumed.
Section second, providing that the title to all lands and other property
heretofore accrued to the State, shall vest in the same as though no
change had taken place, was passed to a third reading, without amend-
ment or debate.
Section third was read, as follows :
Skctiox o. The people of the State, in their right of sovereignty, are
declared to possess the ultimate property in and to all lands within the
jurisdiction of the State ; and all lands, the title to which shall fail from
defect of heirs, shall revert, or escheat to the people.
Mr. L. S. LAN GLEY moved to strike out the words "of sovereignty,"
in the first line.
Mr. B. F. EANDOLPH. I would like to know the reasons for that
motion ?
Mr. L. S. LANGLEY. I make the motion from the fact that the
State has no sovereignty. The old and false idea has long since been
exploded that there is any sovereignty in a State. These are my rea-
sons for offering the amendment ; but, if wrong, I am open to conviction.
Mr. B. F. WHITTEMOEE moved to strike out "in their right;"
^^4 FKOCEEMIS'GiS Gf TRE
which amendments were adopted, tmd the section passed to its tkhS
yeading.
Article seventh, on impeachments, was taken up.
Mr. E. W. M. MACKEY suggested that this subject matter ha^ beei»
disposed of in the Legislative Part of the Constitution.
Mr. R. C. D^LARGE. I hope the section will pass as it stands.
Mr. 0. G. BOWEN. I think that this is the proper place for the in-
sertion of this article. In no less than eighteen Con&titutians this sub-
ject is embodied in a separate article. If it is to be stricken out at all..
it is to be stricken out of the Legislative Part of the Constitution.
The PRESIDENT. The error is not irretrievable, because the whole-
of the article must be read a third time^ and when the question then;
comes up, the Convention can reject it from either part of the Constitu-
tion which it sees proper.
Section second was then passed to its third reading.
Section third was read, as follows:
Section o. The Governor, and all other executive and judicial oflBcers,
shall be liable to impeachment j but judgment in such cases shall not ex-
tend further than removal from office. The persons convicted shalL
nevertheless, be liable to indictment, trial and punishment, according to'
law.
Mr. R, G. HOLMES moved to anaend by adding at the ewd the words
*'and disqualification from holding his office thereafter." , . i. , i ,
Mr. L. S. LANGLEY. I hope the amendment will not prevaiL
Where an officer of the State has been impeached and removed, I am
willing to trust to the judgment of the people to replace him. I am not
one of those who believe in eternal damnation, but, on the contrary, I
believe in forgiveness, especially where there are signs of repentance.
The amendment was rejected, and the section passed to its third
reading.
Section fourth was passed to a third reading, without amendment.
The CHAIR announced that the next business in order was the report
of the Committee on Education.
Section first was read, and, on motion of Mr. J. K. JILL80N, the
words "General Assembly" were substituted for "Legislature," and the
section then passed to its third reading.
Section second was read.
Mr. B. 0. DUNCAN moved to substitute for the word " biennially " the
words " every second year." The amendment was not agreed to.
Mr. L. S. LANGLEY moved to strike out the words " district or,'"
in the first and second lines.
CONSTITUTIONAL CONVENTION. 655
The motion was agreed to.
Mr. J. K. JILLSON moved to amend tke last two lines, so that it
■would read " the powers and duties of said board, and the compensa-
tion of the members thereof, shall be determined by law."
Mr. F. L. CARDOZO. I think the section reads better in its presenl
shape than it would if amended as proposed by the member from Ker-
shaw.
Mr. J. J. WEIGHT moved to amend by striking out the words " of
«ach county" after words " qualified electors," and inserting the word
"• thereof."
The motion was aereed to.
Mr. J. K. JILLSON withdrew his amendment, and the section then
passed to its third reading.
Section three was passed to a third reading without debate.
Section four was read as follows :
Section 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.
Mr. B. 0. DUNCAN moved to strike out the word "compulsory,"
and insert after the word " provide," the words " enforce as far as prac-
ticable."
Mr. E. C. DeLAEGE. I move that the word "compulsory" be
stricken out.
Mr. H. E. HATNE. I trust that the members of the Convention
will consent to postpone the consideration of this section, and allow it to
be recommitted to the Committee, and I make that motion.
Mr. F. L. CAEDOZO. I would state that the object in deferring the
consideration at this time, is to enable a member of the Committee, who
is now absent, to discuss this question, as he has specially prepared him-
self for the purpose, lir.r f^T rtrf.r,TTo'»
Mr. N. G. PAEKEE. I hope if we postpone any section, we shall
postpone the whole, so that we may bring up the report of the Commit-
te on Finance and Taxation.
The PEESIDENT here introducd Bishop Wayman, of the African
Methodist Church, to the Convention.
Mr. B. F. EANDOLPH. I hope the motion to postpone will prevail.
The subject is certainly one of great importance, and we should like to
give it lurther consideration. . . ,
Mr. J. K. JILLSON. I hope, as a matter of courtesy to tte Com-
mittee, the report will be postponed. I do not propose, as a member of
6,t6 PKOCEEDINGS OF THE
the Committee, to indulge in a long speech, but, unfortunately, we di<2
not expect the subject would be called up to-day.
Mr. E. C. DeLAEGE called for the previous question, but the call
was not sustained.
Mr. B. BYA.S. I hope the motion to postpone will not prevail. The
report of the Committee has been printed and circulated freely, and we
are as well prepared to discuss the subject to-day as we would be to-
morrow. We can get along with it as well this morning as at any other
time, and in the name of God and the people of South Carolina, let us
do so.
The question then being taken on the motion to postpone, it was de-
cided in the atfirmative.
The OHAIE announced that the next business in order, was the re-
port of the Committee on Finance and Taxation.
The report was taken up, and sections one, two, three, four, five and
six, passed to a third reading without amendment.
Section seven was read as follows :
Section 7. For the purpose of defraying extraordinary expenditures,
the State may contract public debts ; but such debts shall never, in the
aggregate, exceed five hundred thousand dollars beyond that already in-
curred. Every such debt shall be authorized by law for someisingle object,
to be distinctly specified therein ; and no such law shall take effect until
it shall have been passed by the vote of two-thirds of the members ot
each branch of the Legislature, to be recorded by yeas and nays on
the journals of each house respectively ; and every such law shall levy
a tax annually sufficient to pay the annual interest of such debt, and
also a tax sufficient to pay the principal of such debt within twenty years
from the final passage of such law, and shall specially appropriate the
proceeds of such taxes to the payment of such principal and interest.
Mr. J. D. BELL moved to strike out the words " shall never, in the
aggregate, exceed five hundred thousand dollars beyond that already
incurred."
Mr. N. G. PAEKEE. I hope the amendment will not prevail. The
Committee have agreed, after full consultation, that the clause is just
right as it stands, and while there may be good reasons why South
Carolina should go in debt, she ought not to be allowed to exceed rea-^
sonable bounds.
Mr. F. L. CAEDOZO. I also object to the amendment of the gentle-
man from Beaufort. It leaves the matter too indefinite. It would be
injustice to the people of the State to require them to pay enormous
taxes, for fifteen or twenty years, upon a debt largely in excess of that
which now exists.
CONSTITUTIOl!? AL CONVENTION. 65?
Mr. L. S. LANGLEY. I am opposed to tying the hands of the Le-
igislature. Contingencies may arise which will require that body to con-
tract debts that may amount to more than five hundred thousand dol-
iars. For one, I am willing to trust to the good sense of the General
Assembly, and to leave the amount indefinite, because the faith and
■credit of the State may be absolutely demanded in behalf of great and
profitable enterprises. I hope, therefore, that the amendment will pre-
vail.
Mr. R. C. DeLARGE. I would ask if the gentleman does not con-
template the building of a railroad at some future time.
Mr. L. S. LANGLEY. I hope that a great many railroads will be
built in South Carolina.
Mr. B. O. DUNCAN. The State of South Carolina owes one of the
smallest public debts that has been contracted, before or since the war,
in any State of the Union, and if we have faith in the judgment of the
Legislature, I see no reason why we should not confide to that body the
regulation of finantjial affairs, in the making of such provisions as may
be necessary to preserve the public credit, or to foster the great under-
takings calculated to redound to our benefit. To my mind, even a mil-
lion of dollars is a small limit.
Mr. R. C. DeLARGE moved to strike out "five hundred thousand
■dollars," and insert " one million dollars."
Mr. R. G. HOLMES. Why should the State be limited' at all, when
an opportunity exists of making a good bargain ? There is already a
proposition that the State shall buy in land about to be sacrificed. How
can she do so with such a restriction put upon her finances ?
Mr. B. F. RANDOLPH. I move to amend by striking out all in
the sixth line after the word " respectively." We are judging now
from a certain stand-point. Two years from to-day that stand-point may
change. Circumstances may arise which will make it necessary for ua
to borrow one, or, perhaps, two million of dollars, and we may then be
in a condition to do so. For this reason, I hope the amendment of the
gentleman from Beaufort wiU prevail ; and, also, the one offered by my-
self, because I am not in favor of tying the hands of a future Legisla-
ture, when some great opportunity may arise for placing the State upon
a healthy financial footing.
Mr. A. C. RICHMOND. I hope that " five hundred thousand dol-
lars" will be stricken out, and " one million dollars" inserted. Every
gentleman upon this floor knows that within five or six years from thia
time the condition of the State will be greatly improved, and it is im-
possible for this Convention to exercise that foresight which can declare
ess PROCEEDINGS OF THE
the proper action for a Legislature to take at that time. There is no
general rule which we can adopt that will apply to all future contingen-
cies likely to arise ; and I, for one, am opj[)Osed to an^ restrictions upon
the Legislature. ,,,„,, ,,4 .irruvynii vIk, uaii >tH.c,h ,ir„
Mr. A. J. EANSIER., I hope the motion of the gentleman from
Beaufort will prevail. Our resources are crippled ; all branches of trade
paralyzed, and the very circumstances which exist now demand that the
Legislature shall have the largest room in which to operate for the
benefit of the State, even though it be the privilege of contracting a
debt of three or five millions of dollars.
Mr. J. L. NEAGLE. My reason for favoring the amendment, is that
the Legislature is necessarily the best judge of the wants of the
State, and the manner of supplying those wants. It is proposed by an
ordinance to establish a Board of Land Commissioners, to use the credit
of the State for the purpose of buying land ; but if we limit the credit,
as is proposed, to five hundred thousand dollars, we might as well lay
that ordinance on the table. I think the policy an unjust and narrow-
minded one, and that we arrogate to ourselves too much in assuming to
judge of the necessities of the State, and the proper course for a Legis-
lature to pursue two, three, or five years from this time.
The question then being taken on the amendment of Mr. BELL, it
was decided in the affirmative.
Mr. B. 0. DUNCAN. I move that all after the word " debt," in the
seventh line, be stricken out.
The motion was agreed to.
On motion of Mr. J. J. WRIGHT, the word "Legislature" was
stricken out, and the words " General Assembly " inserted.
Section seven was then passed to a third reading.
Section eight wais read, and, on motion of Mr. J. L. NEAGLE, the
Avords '" General Assembly" were substituted for "Legislature," and
the section then passed to its third reading.
Section nine was read as follows :
Sectioit 9. The credit of the State shall not be granted to, or in aid
of any person, association or corporation.
Mr. J. D. BELL moved to strike out the entire section.
Mr. N. G. PARKER. I hope the motion will not prevail. The credit
of the State has already been too frequently granted in aid of persons,
associations and incorporations, when it ought not to have been done.
Mr. B. F. RANDOLPH. I disagree with the gentleman. There are
manj associations and corporations in South Carolina largely dependent
< sloel) aso do'uhr Jd^giaatcft iAdi eaiowxo OJ aoitaeynol^ nitij loi ©Idraeof f
COllTSTITUTIONAL CONVENTION. ^,59
xipon the State, and States have frequently loaned their faith and credit
to foster and encourage such corporations. Unless this section is erased,
it will be a death stroke to all internal improvements, which, in South
Carolina, especially at this time, require to be nourished as much as
possible .
Mr. A. 0. RICHMOND. I hope this section will remain just as it
is. South Carolina has been ruined by loaning her faith and credit to
corporations. Look at the Charleston and Savannah Railroad; every
good business man knew it would not p^iy, and yet South Carolina made
itself responsible for its bonds to a large amount. Look at the Blue
Ridge Railroad — a good while ago the State became responsible for a
million. If such a section as that proposed had existed in the Consti-
tution formerly, the State of South Carolina would not owe millions of
dollars.
Mr. J. L. NEAGrLE, Do you not think the members of the Legisla-
ture are as competent to judge as to the propriety of loaning the credit
of the State as this Convention ?
Mr. A. C. RICHMOND. Patrick Henry say? that we should judge
of the future by the past ; and, judging by the past, this section ought
not to be here.
Mr. B. F. RANDOLPH. Is it not our duty to judge frQm the pres-
ent circumstances ? Does not the Federal Government lend its faith
and credit to persons and corporations ?
Mr. A. C. RICHMOND. I say also let us judge by present circum-
stances. There is no similarity lietween the State of South Carolina and
the General Government. The General Government has resources be-
yond those of any nation on earth, whilst South Carolina is feeble in her
power, and we know not whether her resources are to increase or di-
minii^h. The sum and substance of the whole thing is, that the State
owes five millions of dollars, and we do not know how to pay it.
Mr. GEORGE LEE moved to amend by adding after the word " corpo-
ration," in second line, "except by a joint vote of both houses of the
General Assembly."
Mr. J. J. WRIGHT. I hope that the motion to strike out this clause
will prevail. The provision has no business here. The welfare of the
people is to be cared for by the Legislature, and we are deliberately tying ^
the hands of that body. Adopt this clause, and the Legislature will be
powerless. This is a progressive age. The Legislature will be respon-
sible to the people, and the people will see that they do their duty.
Some gentlemen seem to think that all this discussion refers to the Port
Royal Railroad. Let me say that we do not intend to ask any money
84
ff6«f PfTOCEEimres or Tas
from the State Treasury for this purpose : nevertheless we intend thair
that railroad shall be built, because we know that Bt will redound to the
interests of the people of the whole State. On general principles,
however, I think that the Legislature ought to be left free to do those
things for the public good which the public good recj,uires. It may
happen that portions of the State, in which the people are poor, will
require aid in the erection of schools, or poor houses^ or other public
works. Shall it go forth from this Convention that their own represen-
tatives shall not have the power to render such assistance ? I think not,
for I read in the eye of every man assembled here to do all they can to-
promote the welfare of the people, be it now or m the future.
Mr. R. C. Di;LARGE. I move that the amendment of the gentleman
from Berkley (Mr. GEO. LEE) be laid upon the table ; which was agreed
to.
The question was then taken on the motion to strike out section ninth,-.
and was decided in the aflSrmative.
On motion of Mr. N. G. PAREEE, section eighth was reconsidered -
Mr. E. W. M. MACKEY moved to insert between the words " prop-
erty" and "within," in fourth line, the words ''except that heretofore
exempted. "^
The amendment was agreed to, and the aection then passed to its third
reading.
Section tenth, prohibiting the State from subscribing to, or becoming
interested in, the stock of any company, association or corporation, was
taken up, but befora taking the question on its passage to a third read-
ing,^ the hour of 1 having arrived, the house adjourned to S o^clock.
AFTERNOON SS^SSION.
The Convention re-assembled at 3 P. M.
On motion of Mr. J. M. RUNION, the rules were suspended for five
minutes, for the purpose of offering the following :
Resolved, That this Convention fix the 11th of March as the day to
adjourn, at 12 o'clock, M., sine die.
Mr. E. C. DeLAEGE. I move the indefinite postponement of that
resolution. I hope the members of the Convention will not go grovel-
CONSTITUTIONAL ■OON'v^ENTlON. '661.
ling in the dark. In the first place, we should not adjourn sine die.
We do not know what urgent reasons we may have to call us together
again. I am as anxious as any one that the Convention should adjourn
as early as possible, but I cannot see how we can get through business
by the 11th of March Again, matters are undergoing important
■changes at the capital of the nation, and we do not know what powers
may be given to this Convention.
Mr. A. J. RANSIEU. I hope the resolution will not prevail. There
is no necessity to limit the adjournment to the 11th inst., and I do not
believe it is possible for us to finish our work V»y that time. With all
due respect to the gentleman who offered it, I move to lay the motion on
the table. '
Mr. J. S. CRAIG, There seems to be some anxiety about adjourning,
I think the best way to get ready to adjourn is to let all such resolutions
alone. I do not see how any one can tell whethf>r we will be ready to
adjourn or not on the 11th inst. I think it would be better to let the
resolution stay in our pockets, and adjourn when we get through. I
hope it will be voted down at once.
Mr. J. M. RUTLAND. I hope the resolution will be sustained. If
we go to work, and not lose too much time in speeches and useless de-
bate, we can get ready by the 11th. It is not impossible for us to change
this decision hereafter. The Convention should take into consideration
the necessity of hurrying up their business, not only on account of the
expenses of the Convention, but for the success of our party. Our
friends at Washington have written to various members, urging all pos-
sible haste to get through, to get the Constitution before Congress, and
get our members in that body. I hope some such resolution will pass
this house.
Mr. J. J. WRIGHT. As I have once before said, there is a certain
amount of dignity which should be suntained in this body, and as long
as I am in this house I shall raise my voice to maintain that dignity. I
do say that whenever a resolution of this kind is presented to this body,
it is trampling upon the dignity of the body. I do believe there is suffi-
cient judgment among the members of the Convention to go to work
diligently and do what we are sent here for. It would be one of the
worst things we could do to pass a resolution of this kind. It would
show to the people of the State and of the world that we are not capa-
ble of such a work as framing a Constitution. I believe we are all
anxious to accomplish the business before us, and that it does not need
a driver to whip us up to our duty.
96^ FROCEEDIKGS OF THE
The question was then taken on the adaption of the resolution, und
was decided in the negative.
The Convention then resumed the consideration af the tenth sectioo
of the report of the Ooramitttee on Finance.
Mr. J. D. BELL moved that the section be stricken out.
Mr. J. S. CRAIG. I second that motion. If we adopt that section,
the State cannot subscribe or take any stock in any company organized
ibr internal improvements, or any enterprise whatever. There are a
great many necessary internal iniprcvements which will, no doubt, need
assistance from the State.
Mr. A. C. RICHMOND. I protest against striking out this section.
The State is suffering now from evils which this measure is designed to
o-uard against. It is a part of political philosophy, if any enterprise
does not pay, it is better for the State not to touch it. Here is a canal
that has been surveyed, the stock bouglit, and the directors elected, for
the purpose of connecting the Edisto River with the Ashley River, and
because it is not supposed to be profitable, the enterprise has never been
carried into completion, although there are some reasons why it is desi-
rable, and why it should be done. Now, nobody here will rise and ask
the State to subscribe fifty thousand dollars to that stock? If this sec-
tion is stricken out, I desire to have my vote recorded in the negative.
It will require the utmost watchfulness and care to prevent the Legisla-
ture incurring unlimited debts in this State, and if they should be
allowed to enter into all the projects of corporations, our condition will
be worse than it is now.
Mr. B. F. RANDOLPH. 1 am in favor of striking out this section.
I consider the State the foster mother, so to speak, of the internal im-
provements and enterprises ; and, so far as consistent for the State to
do it, it should lend its aid and assistance to its internal improvements.
These corporations and associations are all taxed. From them there
flows into the treasury of the State a vast amount. It is the duty of the
State to foster all these corporations as far as possible. I hope that
every gentleman who feels that the State should aid in her own internal
improvements will vote for the striking out of this section.
The gentleman from Berkley refers to the fact, that there are quite a
number of railroads to which the State has pledged its faith and credit.
That I consider no argument at all ; all the States in the Union have
done the same thing. The Federal Government has done the same
thing. Some States have assisted corporations running railroads, not
only within their own State, but running into other States.
The hour for the Special Order, being the petition to Congress, praying
C15NSTITUTI0N-AL CONTEKTIOK. ftSS
that tlie present import duty on rice be not repealed having arrived, was
taken up for consideration.
Mr. R. SMALLS moved to postpone the consideration of the Special
Harder until four o'clock to-morrow.
Mr. J. H. JENKS. I hope that motion will not prevail. I am cer-
tainly very anxious that the question should be acted upon immediately.
The question was then taken on the motion to postpone, and decided
in the negative.
Mr. J. H. JENKS. Feeling deeply interested in the question which
has been made the Special Order of this hour to-day, I again beg the
indulgence of the Convention for a few moments.
It may be urged that a petition of this kind, at this particular time.
is premature. Such, I contend, is not the case. This, sir, is a question
"of the most vital importance, and one which affects the immediate and
future welfare and prosperity of our State.
The people of this Commonwealth can now be heard at Washington
through their delegates here in Convention assembled. Should this
opportunity for expressing our disapprobation of the proposed reduction
or repeal of the import duty on rice pass unheeded by us ; should this
Convention adjourn, having sent forward no word of protest against a
measure aimed at the very heart of our financial prosperity, it would be
indeed strange ! This State, more than any other, is interested in the
measure now before us. Previous to the war. South Carolina raised
and sent to market more than three times the amount of rice produced
by North Carolina, Greorgia, and Florida. The crop of 1860, amounted
to 190,000 tierces, of which South Carolina produced 150,000; Georgia
:^>0,000, and North Carolina 10,000. This, reckoning 22 bushels to the
tierce, the commou average, amounts to 3,i>00,000 bushels, which, at the
moderate price of one dollar per bushel, afforded the State a revenue of
$3,300,000.
The estimated value of our real estate in rice lands, is set as high as
^15,000,000, giving employment to the labor and capital of 16,000 of
her inhabitants.
This, Mr. President, to a State like our o\<rn, whose resources are
solely agricultural, is an item of no little moment.
This measure, which although at first seemed destined to be lost,
without due consideration by this body, is now, I trust, to receive the
time and thought which its importance merits. This measure, while
receiving only a passing thought by this Convention, has been for sev-
eral weeks under consideration by the appropriate Committee in Con-
€61 FKOCEEDIKGfS OF THE
gress ; and, to-day, that body is only awaiting the report of that Com-
mittee, when final action wiJl be taken.
I havo reason greatly to fear, Mr. President, that such report may be
received and acted upon before our voice of petition can be heard. The
rice culture, a^i it now stands, is rightly protected by a duty of 2 9-10
rents per pound against foreign imports. This may seem an excessive
tariff, but the results and experience of the two past years, as deduced
by both factors and producers, prove quite the contrary.
Against l.iO,000 tierces produced in this State in the year 1860, there
were produced in 1S66, 25,000 ; and, in the past year, from "25 to 30,000;
about one- sixth of the average crops before the war. Three-fifths of the
rice lands remain uncultivated. This, certainly^ argues very strongly
against the repeat of the present duty.
The expense attendant upon the putting in condition for cultivation,
the lands so sadly out of order, in consequence of neglect during the
great civil struggle through which we have recently passed, is neces-
sarily heavy. The increase of expense in cultivation by free laJbor, is
proportionally much larger than that of cotton, as on the major propor-
tion of the better lands and those most productive, manual labor alone
can be employed.
Eice is a luxury, a reasonable luxury; subject, like all others from
abroad, to its contribution for the increase of the revenue of our common
country. To those of our body from the upper districts, this may seem
a local question. I cannot so regard it. It is a subject of great inter-
est to our whole Commonwealth ; and it would certainly appear to me
out of place for any citizen thereof to oppose it on that ground, espe-
cially while the Northern States who have no interest in the matter
whatever, except to buy their rice as low as possible, can be persuaded
further to afford us that protection. I contend, Mr. President, that any
man who has the interest of his State at heart, will oppose the interest
of no part of our State. Rangoon rice can, to-day, be laid down in this
market at 7| cents per pound, duty paid. Remove this duty, which
must be paid in gold, and which in our currency, at the present quota-
tion, amounts to \\ cents, and you have the same article here m our
market at 3j cents a pound. Can we compete with these prices ? I
can assure you no one will attempt it. And why 'i Because having
once breathed the air of freedom, and having tested the virtue of
American liberty, no one can be found so low and degraded as to be
compelled to labor at the starving rates of those countries where this
import is produced.
The peculiar adaptation of our sea- board to the cultivation of rice is
^INSTITUTIONAL CONVENTION ©05
certamly remarkable. Other countries there are that possess the Bame
facilities of clime as our own 5 in others still can be found the requisite
all-uvial lands but no where has nature so harmoniously blended all the
inecessary concomitants of climate, soil and tides, as in our beautiful
■Carolinai
To repeal this duty is to defraud our State of fifteen million dollars'
worth of taxable property ; to deprive sixteen thousand of her inhabi-
tants of a profitable occupation, and to bankrupt the balance. Charles-
ton, *'the Queen City of the South," once so proud and arrogant, now so
humble and unfortunate, will crumble and decay. When the unwel-
come news of this repeal shall reach us, severing the last artery of her
former prosperity, let the bells in yonder tower chime tenderly her
funeral knell.
Mr. B. BYAS. This measure is directly connected with the interests
of our State and the interest of the nation. About two-fifths of the best
land in our State, the low country, is specially adapted and devoted to
the raising of rice. This is one of the great resources of our State. Its
•cultivation should be encouraged by the nation, limited, as it mostly is,
to two States, South Carolina and Georgia, and it is only in those two
States that it may with any propriety be called a staple article. There
are other States that raise the article in small or limited • quantities. In
Wisconsin, we find, an article of wild rice is raised, which grows spon-
taneously, but that cannot be called a staple article. 1 have had some
•experience in this matter, having been engaged in the importation of
rice into the United States when but a boy. In California there are
forty thousand persons whose principal consumption ie rice, and who
actually depend upon the importation of that article there for the main-
tenance of life itself. I say this from actual experience. There are
forty thousand Chinamen in California, whose principal consumption is
rice. These people come to our country, make money, hoard it up, and
send it to China. They are of no benefit to this country, yet if the
duty upon rice is repealed, we only assist them the more, and discourage
our own rice planters. We will not, under the present high price of
labor and provisions, be able to raise rice here at three and a half cents
a pound, while it may be brought into the California market from China,
and sold at two cents per pound. Labor is so plentiful in China that it
can be procured at ten cents per day. Men are so numerous there that
they have no use for mules or horses, or any beasts of burden. They
carry their rice on their shoulders, and load a ship in that way in a very
few hours. In fact, labor is so cheap that they can bring the rice here
into the States, and make a good profit upon it by selling it for two cents
^0a PROCEEDINGS OF THE
a pound. We cannot compete with them now, much less if the dvttj isv
repealed. T hope the measure before the house will prevail. Let us
endeavor to keep hold of and promote the full development. of all suclt
resources as we have left to us.
Mr. E, C. DeLARGE called for the previous question, which was sus-
tained.
The question bein^ taken on the preamble and resolutions, they were
passed to a second reading.
On motion of Mr. R. C DeLA.RGE, the rules were suspended, for the
purpose of passing the petition to a third reading.
The petition then received its third reading, and on motion of Mr. B.
F. WHITTEMORE, the preamble and resolutions were ordered to be
engrossed, and copies sent to the President of the United States Senate
and the Speaker of the House of Representatives at Washington.
The Special Order being discharged, the consideration of the tenth
section was resumed.
Mr. L. S. LANOLEY moved to lay the amendments offered on the
table, which was agreed to, carrying the section with them.
Section eleventh, relative to the incorporation and organization, by the
Legislature, of cities and towns, and restricting their powers of taxation,
borrowing money, contracting debts, and loaning their credit ; and sec-
tion twelfth, prohibiting the Legislature from issuing scrip, certificate, or
other evidence of State indebtedness, except for bonds, stock, &c., or
those previously issued, or for such debts as are expressly authorized in
this Constitution, after being amended by striking out the word "Legis-
lature" and inserting " General Assembly," wherever Legislature oc-
curred, were passed to a third reading, without debate.
Section thirteenth was read, as follows :
Section 13. An accurate statement of the receipts and expenditures of
the public money shall be published with the laws of each regular ses-
sion of the Legislature.
Mr. B. F. WHITTEMORE moved the following as a substitute:
" There shall be published by the Treasurer, in at least one newspaper
published in the State, during the first week in November, detailed state-
ments of all monies drawn from the Treasury during the preceding year;
for what purpose drawn, to whom paid, by what law authorized; and,
also, of all monies received, and by what authority, and from whom."
On motion, the substitute was indefinitely postponed.
Mr. E. W. M. MACKEY moved to amend by inserting "that the
CONSTITUTIONAL CONVENTION. ©Sy
statement be published by the General Assembly, in such manner as
smay be provided by law," which was agreed to.
The section then passed to a third reading.
Sections fourteenth and fif^^eenth, relative to appropriations and the
commencement of the fiscal year on the 1st of November, passed to a
third reading, without dobate.
Section sixteenth, providing for the assessment and collection of a tax
of two mills upon each doUar^s worth of taxable property, for a sinking
fund, was read.
Mr. R. C. DeLARGE moved to amend by inserting the following sub-
stitute: " The General Assembly shall pass the necessary laws for the
•creation of a fund by taxation, to be known as a Sinking Fund, &c."
Mr. B. F. RANDOLPH. I move to strike out the whole section.
My reason for making that motion is that this section describes how
taxes are to be collected, levied, &c., and that matter it has been usual to
ieave to the Legislature. I think it can be safely left to that body.
Mr. J. M. RUTLAND. I have but a word to say on this subject. I
presume this measure of taxation is meant to create what is commonly
called a sinking fund, for the purpose of paying a debt, and any one who
has studied that question of a sinking fund must have come to the con-
clusion that it is as thorough a humbug as ever existed in political
economy. The only wa}', if we want to pay a debt, is to raise the taxes.
To sustain mo in this position, I refer any gentleman to an article on that
subject in Brande's Encyclopedia. It does not raise one cent more than
can be raised by taxation. It never has done it, never can do it, and
never will do it. This is still continuing the humbug and bauble of a
sinking: fund. I hope it will be stricken out.
Mr. R. C DeLARGE. I agree with the gentleman who has just
taken his seat, that the whole section should be stricken out.
The section as it now reads assesses a tax of two mills upon each dol-
lar's worth of real estate ; a tax almost unheaid of unless in times of
war, and assessed for war purposes. Two mills on a dollar might sound
as a small trifle in the ears of some men in this Convention ; but, upon
examination, we find it to be one cent on every five dollar's worth of
property, twenty cents on a hundred, two dollars upon a thousand, or
one hundred and forty thousand upon seventy millions of dollar's worth
of property ; now that tax is more upon a hundred dollars than the en-
tire State tax before the war. The State tax before the war was fifteen
cents on a hundred dollai-s, including every tax, and this report pro-
poses twenty cents special tax upon the hundred dollars, five cents more
tor a specific purpose alone than the whole tax before the war. It pro-
85
ati'^ . FicX^TOEEDINGS OF THM
poses also to carry out an old system oi South Carolina, that tlie owners
nf real estate shall not only bear an equal proportion and burden of
taxation, but bear a special proportion. Now, I d<j not desire to see-
real estate owners specially burdened ; I desire to see everybody pay
their share of taxes, and that every dollar may be realized which can
be collected os a fair and equitable basis.
I move to lay the amendment on the table.
T!ie motion wa-. agreed to, and the amendment v/ith the section was
laid on the table.
Mr. R. C DkLAEGE moved a reconsideration of .the vote just taken^
and that the motion to reeonsider be laid on the table, whieii was.
agreed to.
Section seventeen, prohibiting any county from subscribing in any
incorporated company, unless paid at the time of subscription, was read.
Mr. K. G. HOLMES. I hupe this section will be stricken out, and
that we will not tie the State, or compel it to issue bonds only of the
denomination of live hundred dollars. I move to strike out the section.
Mr. J. J. WRIGHT. I hope the section wiii not pass as it is. State*
and counties, in one respect, occupy a similar position to that of indi-
dividuals. No member in this house, I leei as.sured, would desire to
have his hands tied in this way. If I had an opportunity of making a
few dollars by subscribing to any institution whatever, I should cer-
tainly desire to have the privilege of doing so, and it would be an out-
rage upon my rights for any man or class of men to rise up and say 1
should not have the privilege of doing it. If the City of Charleston!
desires to convene together in a common body, and take stock in any
railroad or canal, they liave the right to do it, and we have no right to-
introduce any provision into this Constitution denying them that right j.
therefore I hope this clause will be amended so as to strike out "no
county shall subscribe." If there is a company we wish to support in
this State, or any other State, and the people in any county of this State
believe that they can make something for the good of the people in that
county, if that institution, whatever it may be, desires and will give the
people in any county credit ; if they will loan their funds to erect school
houses, to support a canal or railroad, or any other improvement for the
State, or that which may be considered an improvement; if the State of
New York, or Georgia, or North Carolina, will loan the county of
Charleston, or Beaufort, or Berkley money, then they have the right
and power, and that State which lends money can only hold the county
accountable for the money they borrowed. If there is a county in this
State that shall bt successful, and shall pledge themselves to the sup'
CONSTITXITIONAL CONVENTION. 66»
^on and the aid of any other county in tliis State, or any other State,
they have the right to do it ; and the fact that they are doing it does
act, necessarily, make thn Legislature responsible for their acts. Let
!us leave this to the people, aud let them be untrammelled. I believe in
the patriotism and fidelity of the people of the State. Do not tie their
hands; heoiu^e, if this >(ectija is incoi-poratHd iato this Constitution, we
must remember it cannot be repealed as a law can be repealed, from
year to year.
Mr. R. B. ELLIOTT moved the indefinite postponement of the sec-
tion.
Mr. A. C. RICHMOND. I hope the section will not be indefinitely
postponed. The gentleman from Beaufort reminds me of a little friend
of mine who was accustomed to borrow little sums of money, and al-
ways expressing himself ready to pay ; when called upon he would
reply, " oh never mind, never mind, I am perfectly able to owe you ;"
when remonstrated with, he never had anything to pay. When coun-
ties have such a privilege, they are very apt to abuse it. Instead of
borrowing twenty- five thousand doUais, they would be more likely to
borrow one hundred thousand dollars. It is because of this that one-
half of the counties in the Northern States are so deeph in debt. Per-
haps rt^pudiatioa follows; it is very difficult to pursue a middle course.
The question was then taken on the motion to postpone indefinitely,
and decided in the negative.
Section eighteen was read, and Mr. J. D. BELL moved to amend by
striking out a provision requiring State bonds to oe not less than " five
hundred dollars," and inserting " fifty dollars," which was agreed to.
Mr. B. F. WHIL'TEMORE moved to strike out from word " bond" in
first line to end of period, wtiich was agreed to ; and the section, so
amended, was passed to its third reading.
Mr. B. F. WHITTEMORE'S substitute for section nineteen was read,
aud Mr. WHITTEMORE moved to amend by striking out "Legisla-
tui'e" and inserting " General Assembly," which was agreed to.
Messrs B. 0. DUNCAN and S. A. SWAILS offered verbal amend-
ments, which, on motion of Mr. R. C. DeLARGE, were indefinitely
postponed, and the .substitute being adopted, the section passed to its
third reading.
Mr. L. S. LANGLEY submitted the following additional section :
Section 20, No debts contracted by this State in behalf of the late
rebellion, in whole or in part, shall ever be paid.
Mr. R. C. DeLARGE moved a suspension of the rules that the addi-
L
^w fjkooee'dings of the
tional 8ectiou may pass to its second reading, which was agreed tc, asM?
the section was read a sf^eond time, and passed to a third reading.
Mr. B. Y. WHITTEMOEE moved a reconsideration of section five>
which was adopted, and offered the following amendment : Strike out.
fourth and fifth lines after the word " grounds," and insert the follow-
ing, which was adopted, and the section, so amended, was parsed to ite-
third reading :
Provided, That this exemption shall not extend beyond the building*
and premises actually occupied by such schools, colleges, institutions of
learning, asylums, libraries, churches, and burial grounds, although
connected with charitable objects.
Mr. R. Gr. HOLMES moved a reeoiibideration of aeeiion four, which
was adopted.
Mr. E. G. HOLMES moved to strike out the word " only," which wa-*^
carried, and the section pas^sed to its third reading.
Mr. E. W. M. MACKEY called for the second reading of the reporr^
of the Committee on Miscellaneous Provisions of the Constitution ok':
the Militia. \
Befo-re taking the question, the Convention adjourned.
F O hi T Y - JF I R ^-^T O A Y ,
Tuesday, Iflarch 3, 1S6N.
The Convention assembled at 10 A. M,, and was called to order hy
She PRESIDENT.
Prayer was off'ered by the Rev. B. F. RANDOLPH.
The roll was called, and a quorum answering to their names, thy
PRESIDENT announced the Convention ready to proceed to business.
The Journal of Monday was read and approved.
Mr. A. 0. RICHMOND desired his votei to be recorded against Mr,
BELL'S amendment to section seven, article six, of the report of the
Committee on the Judiciary.
Mr. B. P. RANDOLPH made the following report of the Committee
on Miscellaneous Provisions of the Constitution :
"Whereas, No constitutional and legal assembly of the General As-
sembly of this State has been convened since the commencement of the
€ONSTITDTIONAL CONVENTION. 'fi'irl
rebellion against the authority of the Government of the United States;
and, whereas, the body assembled from time to time at the capital of the
State, since the commencement of said rebellion, assuming to possess and
exercise the powers of the General Assembly of the State, had no au-
thority to pledge the faith and credit of the fetate for the benefit of any
•corporate body or private individual, and its actions can be validated
only by the confirmatory authority of the legal government of this State;
and, whereas, it is expedient that when the credit of the State is ad-
vanced or pledged for the benefit of public enterprises, and works in
"which the people of the State are interested, that power should be
lodged in the General Assembly to exercise a salutary control over such
public enterprises and worts, to the end that the commerce and indus-
try of the State should be adequately fostered and promoted^ therefore
be it
Ordained, That all Acts or pretended Acts of legislation, purporting
to have been passed by the General Assembly of the State, since the
20th day of December, A. D., 1860, pledging the faith and credit of the
State for the benefit of any corporate body or private 11 dividual, are
hereby suspended and declared inoperative until the General Assembly
shall assemble and ratify or modify the same.
Mr. R. G. HOIiMES moved that the report be made the Special Order
for Thursday next, at 1'2 o'clock, which was agreed to.
Mr. R. C. DeLAEGE, Chairman of the Committee on Franchises and
Elections, made a verbal report, stating the Committee would be ready
to report to morrow morning.
Mr. N. G. PARKER offered the lollowing resolution, which was
agreed to :
Resolved, That the President of this Convention be instructed to re-
quest Brevet Major-General E. R. S. Canby, to draw Ircm the Treasury
of the State the sum of thirty- eight thousand dollars, for the purpose of
defraying the expenses of the Convention.
Mr. J. S. CRAIG called up the report of the Committee on Miscella-
neous Provisions of the Constitution, on an ordinance providing for the
organization of the Militia of the State.
The article on the militia was taken up, and section first read, and
passed to a third reading, as follows, without debate :
Section 1. The militia of this State shall consist of all able-bodied
male residents of the State between the ages of eighteen and forty-five
years, except such persons as are now, or may hereafter be, exempted
by the laws of the United States, or of this State ; and shall be organized,
armed, equipped, and disciplined, as the General Assembly may by law
provide."
&S*i PEOCEEDINGS OF TH^
Section second was read, and passed to a third reading, as foHowsis,
without debate:
Section 2. The Governor ahall have pi>wer to call out the militia to»
execute the laws, repel invasion, repress insurrection, and preserve the-
common peace.
Mr. N. G. PARKER. It was; my intention to have offered an amend-
ment to the first section, the passaj^e of wliioh accidentally escaped my
notice. I move a reconsideration of the tii>.t section.
The motion was agreed to.
Mr. N. G. PARKER. I move to strike our, in second line, the word^
*' eighteen" and insert " twenty- one," and also to insert, in second line,,
after the word "years," the words 'who are electors."
Mr. B. F. RANDOLPH. It is quite evident we have passed over
these sections very rapidly. I hope tiiis subject will receive due conside-
ration, and I would like to hear the gentleman's reasons lor his amend-
ment.
Mr. N G. PARKER. My reason is this: I do not tliink boys ought
to be put into the militia. My reason ior offering the second amendment
is, that I do not desire to see those who are disfranchised put into any
militia organizations.
Mr. R. G. HOLMES. I hope this amendment will not prevail.
Eighteen and forty-five are the usual ages fixed in every State. We
certainly shall be obliged to depend upon independent companies, and I
would like to inquire whether it would prevent persons over twenty-one
from forming themselves into independent companies.
Mr. L. S. LANGLEY. I hope the amendment to strike out the word
"eighteen" will not prevail. Luring the late unhappy rebellion it was
my fortune, or misfortune, to have some experience in the military, and
I can bear testimony that some of the best soldiers in the Union army
were under eighteen years of age. I know that in the march from
Jacksonville, Fla., to Olustee, Fla., when the Fifty-fourth Massachusetts
marched under heavy marching orders, that is with their knapsacks and
all their little personal property, in that march of fifty miles, soldiers of
eigliteen, and some only fifteen years of age, stood the march better,
with all its fatigues, than men who were older. I saw soldiers in that
march, who were in the prime of life, succumb to fatigue, while others,
from fifteen to eighteen years of age, bore it without a murmur, and
seemed to have greater power of endurance than their less fortunate
comrades. I, therefore, hope that the amendment will be voted down.
Mr. S. CORLEY. It would be highly dangerous to allow men who
"OOKSTiTBTIOlSrAL CONYE]STlu:is. '«'Sr3
saire disloyal or disfrauciiise<i to remain at borne, while the h^yal citizens
sire compelled to bear arms. The safest place would be to put them into
the military, where they would be under reistraint. There is some dan-
tger in going into a military organiEation to maintain the laws. I am not
"willing to support laws while disloyal men are forced to remain at home.
1 know, when I was forced to go into the Confederate service, many of^
those men said that the next best thing to my being made to shoot Yan-
4jees would be to get shot myself.
Mr. B. F. WHITTEMORE. I would like to ask the gentleman who
•offers the amendment if a young man eighteen years of age is an elector?
The PEESIDENT stated that the adoption of the second amendment
would be equivalent to the adoption of the first.
Mr. N. O. PAEKER withdrew the first part of his amendment.
Mr. B. 0. DUNCAN moved to insert the words •' who are not disfran-
"chised."
Mr. D. H. C'HAMBERLAIN moved to amend by inserting after the
word "now," in the second line, the word ^'disfranchised.'^
Mr. N. G. PARKER withdrew both his amendments.
Mr. J. J. WRIGHT. I was in hopes the gentleman wouW withdraw
the second amendment.
I thinli it would be rather a dangerous thing for us to insert such a
-clause as this into our Constitution. I claim that any person who is
subject to the law« of the United States, or protected und«r ihof^e laws,
should help to deiend the State in which they live, or the United States,
whenever the nation is in danger. Here are a class of persons that
you wish to exempt from this duty, and they cor-dially reciprocate the
wish. I hope we will not gratily their wishes in this respect. •
Mr. L. S. LANGLEY. Does the gentleman mean to say that this
section as it now stands will exempt any trom being obliged to serve in
times of war ?
Mr. J. J. WRIGHT. I say it would be unwise tor us to exempt a
class of persons from serving in the militia who are disqualified from
holding office or Irom being electors. If this State was invaded, or an
insurrection arose, and these persons were exempt, as we propose to ex-
empt them, they would support our enemies. When they have the right
of having their disabilities removed, they certainly should not be exempt
from serving in the militia of the State. They should bear their part.
They have disfranchised themselves, but by their fidelity and loyalty to
the Government of the United States, they can have their disabihties
removed. If there was no danger of the State being invaded they would
stand in this situation : instead of coming up and striving to be faithful
^'i4L FKaCEEDlNGS OF THS
to the country, the\' would hold tliemselves aloof, and when an opportu"-
nity offered would go on the other side and claim the right to do it. Let
us vote this amenAment down. Unless we do it disloyalty will be en-
couraged and those who desire our destruction would like nothing bet-
ter than to be kept out ot the militia. Let us establish it so that they
will he compelled to go into the militia, and should an insurrection or
invavsiun occur, they will be compelled to aid in its suppression.
Mk. a. J. RA.NSEER. I hope the amendment inserting the word
disfranchised will be voted down, but not for the reason advanced by the
gentleman from Beaufort. I do not believe there is a citizen of South
Carolina who would commit a crime in order that he might be disquali-
fied from serving in the militia. I propose to insert in the first line the
words " who are or may become electors." That will provide for that
class dishanchised under the present law, but whose disabilities I hope
to see leinoved.
Tlie hour for the Special Order having arrived, the consideration of a
eubsti'ute, reported by the Judiciary Committee for section nineteen of
the Judiciary Report, was taken up.
Mr. J. M. RUTLAND. I move to amend the fifth line by striking
out the word " decisions " and inserting the word '' decrees," and the
Kixth line by striking out the words " day of hearing of the causes
respectively," and inserting the words •' last day of the term at which
the causes were heard," which was granted.
This I suppose will be voted upon as an amendment. It has been
common to attribute selfish motives to lawyers in arguing judicial ques-
tions even in this body. Whilst I do not admit that lawyers are any
more obnoxious to tuch charges than any other person, yet, if you will
insist that lawyers have certain motives, I say in the beginning that
so far as that matter is concerned it would be to the interest of lawyers
to let the nineteenth section remain as it originally was, because it would
create inextricnble confusion or uncertainty in the State, and when that
is the state of the law, it is the time for lawyers to make fortunes. Make
the law clear and certain, and you check the disposition to go to law.
But when the law is uncertain, almost any man will take his chances of
success at law rather than comply with his contracts. If you attribute
motives to lawyei's, be it understood my interest is on the other side to
that which I am now advocating.
Mr. RUTLAND here read the original section.
Now, the transfer of these records of the Court of Equity is one of the
most important matters that I can well conceive of. It is a thing
which I contend will create that very confusion of which I have just
CONSTITUTIONAL CONVENTION. 6T5
spoken. You mix up the records of the Court of Equity with those of
the Court of Common Pleas, and it will very soon be impossible to trace
out records. There will be no end of the confusion it will create. Be-
•sides, there is no necessity for such a thing. Where is the neces-
sity of taking them from the offices of the Court of Equity and
mixing them up with the Court of Common Pleas. There can
be none, and I hope this Convention will not think of it for one mo-
ment. I have had some experience in our Courts, and I say, according
to the best of my judgment, that the Court of Equity in some form must
exist in this country if we intend to administer justice properly. It is
proposed to make the Judges of the Court of Common Pleas take charge
of these cases. This would be impracticable, if not totally impossible. I
assure you if a party was to take it into his head to delay his case in
Court, and most persons do when they think the law will go against
them, if a skillful lawyer were to undertake to manage the delay, he
could pick out three cases, in my opinion, of the District Courts that
would keep the Judge and jury sitting six months, and they would have
nothing else to do. In matters of account, where executors, trustees,
merchants' accounts, and all such things, are to be brought before a
Court and investigated, we would find it exceedingly cumbersome. Sup-
pose in one case, there are from one to fifty vouchers, a lawyer may take
a single voucher, and, in taking testimony upon it, consume an entire day
before piocuringthe verdict of the jury upon that one voucher.
This work, according to the present law, is the duty of the Commis-
sioners in Equity, who investigate these matters in their offices and make
their report. They can« do it in much less time and expense than a
Judge and jury.
Mr. C. C. BOWEN. What necessity is there for the jury to try any
of these questions you speak of ?
Mr. J. M. RUTLAND. I say there is none the world, and that is
what I am arguing against. The original section leaves it to them, and
according to that, a Judge of the Court of Common Pleas will take a case
as he may take it, and determine it according to the rules of practice in
that Court. What are our rules of practice in that Court ? They are
that the testimony shall be given before the Judge and the jury. The
Judge takes down the testimony in writing and deUvers the law to the
jury in his charge, and he generally reads over his notes of evidence.
The jury retire and agree upon a verdict. This verdict may dispose of
one voucher which may have taken several hours, or a whole dd.y, to
examine. But allow the shortest time to each voucher, I ask gentlemen
to say what time it would take for the Court of Common Pleas to get
86
ete PK(jcEEDiisrGs of the
through two or three hundred vouchers. I want to get rid of all this
difficult machinery. The covsts of trying these eases before the Court of
Common Pleas would be almost incalculable. It would entail the heavy
expense of a Court of Common Pleas sitting constantly to try cases.
A single Commissioner in Equity could do five times more work by him-
self hearing parties and examining the ease in his office. Where you
have a Commissioner, he orders his references, the lawyers appear before
him, he takes the vouchers, hears the proof, and decides for or against
according to his judgment that is made when he has finished looking
over the vouchers, and makes up his reports in the nature of a decree.
He decides the case according to his best judgment. If the lawyers to
the suit are not satisfied with his report, they file their exceptions. The
report is taken before the Chancellor when he comes to hold his Court
of Equity, and that case, which otherwise might take three months, can
be decided in three hours, because the Commissioner has already done
the business. A case is thus determined in three hours that would per-
haps take a Judge and jury three months.
I have conceded that the Judges of the Court of Common Pleas may
act as Chancellors as a mere act of conces.sion, but I do believe it would be
much better for Chancellors to have them entirely separate from the Court
Judges of the State. Let them hold their Courts in the manner in which
the Courts of Equity have been held heretofore. But I feel assured you
will never get through without the Courts of Equity. I believe it to be
indispensable for the proper administration of justice, that Courts of
Equity should he held twice a year. Heretofore they have held only one
session a year. In my amendment, I make it imperative upon the
Judges of the Court of Equity to hold two sessions. I tsee no reason
why we should not have as many sessions as the Court of Common Pleas.
If this is done, then I think the great objection heretofore existing to the
Court of Equity will be removed.
It has been said by some that they prefer to have the decision of a
jury to that of a Chancellor. Admit that ; but what is the practice of
the Court of Equity in all cases of complicated facts. It is rather to
yield to the Court of Common Pleas. If a party is dissatisfied with the
report of the Commissioner, the lawyer can apply for a jury to try any
of the facts he wants to try.
This section is but an effort to wipe out the Court of Equity. What
constitutes the difi"erence between civilized society and the society of bar-
barians. It is their Courts. Were we to wipe out all the Courts, we
will have barbarism. If we wipe out the Court of Equity, amotion will
be brought up from some quarter to wipe out other Courts. I hold that
CONSTITUTIONAL CONVENTION. 6T1'
(civilization requires there should be a Court of Equity. We need it to
investigate the complicated accounts of merchants, comprehending per-
haps the business of eight or a dozen years, the accounts of trustees,
administrators, compreliendiug perhaps the business of a man's life, all
of which requires accounting- wkill of the high-est order. I hold there is
no tribunal we can organize that can do that business except a Court of
Equity.
There is another improvement which I think my substitute makes
upon the original section ; that is, requiring the Chancellor to file their
decrees, containing their reasons for their decision, within ninety days
from the trial of the case. That will prevent Chancellors and Judges
from delaying a case beyond three months, and if the party is not satis-
fied with the decision, he can carry his case in that time to the Court of
Appeals at Columbia. So instead of six months you will have every
three months to make your appeals.
It seems to me that all that is necessary is to show the absolute neces-
sity of a Court of Equity. I feel the deepest interest in the passage of
this substitute. It is no personal interest, for my personal interest as a
lawyer would run all the other vs^ay. If you adopt this substitute I feel
assured that the Judiciary system thus established will not only work
well, but that all the citizens of South Carolina will be benefited in due
time.
Mr. C. C. BO WEN. I am in favor of the nineteenth bection as origi-
nally proposed by the Committee. I deny that there is any such compli-
cation as has been stated by the gentleman who has just spoken. I will
also say right here that if you adopt the substitute you will have to go
back and reconsider the eighteenth section, which says that the Court of
Common Pleas shall sit twice a year, and that it shall have jurisdiction in
matters of Equity. What originally was the object of the Court of
Equity '? Enough has been said about it then ; but I contend that the
real question was not touched, that the object of a Court of Equity was
to get the testimony from the parties understood at the time they were
established to be precluded from the law Court.
There is nothing now to prevent men from taking the stand. Chan-
cellors formerly issued writs requiring parties to render under so and so
certain rights. At first there was no Court of Chancery, or Court of
Equity, but finally those powers were erected. If a party was dissatis-
fied with the writ issued by a Chancellor, then he went before the King
to have the matter set right. It was only by the Chancellor's issuing
innumerable writs that the Courts were established, and finally trium-
phant. It was contended that parties could not be made to give evidence
©■yS PROCEEDINGS OF THE
in a Law Court. Hence they had to resurrect the Court of Equity.
These have passed away. I am aware that it will perhaps be a struggle
to give them up. But they have been given up in New York, Kentucky,
Louisiana, Missouri, and all those States followed. I think they now
combine the two Courts together.
The gentleman from Fairfield (Mr. ETJTLAND) in his substitute
would continue them, for I see no difference as to whether you call them
Judges of the Court of Common Pleas or Chancellors. It proposes the
same machinery to be kept up I see no impropriety in taking the time
of the Court of Common Pleas for citizens. The first two weeks of the
term might be devoted to other law or criminal business, and the jury
discharged. Then the Equity docket could be. taken up. I see no neces-
sity of the jury being called upon to determine every voucher. No such
complications are presented. Where a ease in equity comes up, if the
Court sees fit it can appoint a referee to decide.
The gentleman from Fairfield contends that we are going to mix the
records of the two Courts. There is no need of that. These records
still remain. All we have to do is to transfer them from the Clerk of
the Court of Equity to the Clerk of the Court of Common Pleas. Two
separate books can be kept, one for the equity docket, another for law
cases.
I know parties have made strenuous efforts, parties holding these
identical positions, to have these Courts continued. The gentleman
alludes to the expense of the proposed system, but I feel assured it will
not be one-fourth of the expense of the old system. As the section now
stalids, there is no Court of Equity. It is not proposed to mix the
records of the two Courts. The next Legislature will, no doubt, require
the Clerks of the Courts of Common Pleas to keep these records in such
a manner as to be able to put their hands on any paper at any time. It
is only combining them. The gentleman stated that it was ruled now in
the Court that the Court should decide upon the law. Provisions,
however, have been made in this section to simplify and abridge all the
rules and proceedings as they now exist in the Courts. I have not the
slightest doubt but that, when the Legislature convenes, every single
vestige of the old system will be swept away, and that the improvements
adopted in other States will be adopted in South Carolina. The practice
now existing in South Carolina is one hundred and fifty years behind
any State in the Union, and still the gentleman from Fairfield asks us to
continue that practice. Under the present practice in South Carolina,
there are some sixty different Courts, and when you come- to trace them
out, nine-tenths amount to the same thing. They go on with the same
CDNSTTTirTIONAL CONVENTION. 6W
-ioount, and each writ classes with the other in debt, covenant, or detinue,
trover, or what not. They start out with these, and the leaving out of
any of those technicalities will be a non suit.
In drawing this section great care was taken to give the people aU
their rights in law and equity, and at the same time to give them a plan
by which there would be no complication, or, at least, as few complica-
tions as possible. Special reference was had to the codes and proceed-
ings of those States which have departed from the old rule which was
in vogue a century ago in England, and now still in operation in South
<^arolina. I certainly hope the Convention will allow the nineteenth
section to stand as it is. If this is wrong, then the whole practice of
New York, Kentucky, Iowa, Missouri, California and Oregon are all
wrong; in other words, all the modern practice introduced since 1848 is
wrong, and the old practice, which has been in vogue since the days of
the colonial government, is right-
In 1^46 the English Government abolished the Court of Equity, and
put it upon the same basis proposed in this section. It was changed on
that basis, and upon that basis the system of Kentucky and New York
was changed. They were followed by the other States I have already
named, and we propose that South C^olina shall follow them.
Mr. E. C. DeLARCxE. I would like to ask the Chairman who will
perform the duties now devolving upon the Special Commissioners in
Equity ?
Mr. C. C. BOWEN. If a case arises, and it becomes necessary, the
< 'ourt can appoint referees, whose business it would be to act in that
capacity, but in ninety-nine cases out of a hundred there would be no
necessity for such a reference.
Mr. R. C. 1)eLA.RGE. It is evident, from what has been said here
on this subject, that something should be done to relieve the people of
the present burdens borne by them in going into Courts of Equity in
this State. While I disagree with much of the substitute of the gentle-
man from Fairfield, I also disagree with the section as it now reads in
the judiciary report. I desire the law Judges to be the Judges in Equity ;
but I would not have it left to them to appoint the time for the hearing
and taking of testimony, and who shall act as referees. But I think it
would be wise to have the law Judges Judges in Equity. I believe it
would facilitate business. Some responsible person, however, should
act as Commissioner of the Court. It has been argued by the' Chair-
man of the Judiciary Committee that if we adopt this substitute, or any
portion of it, or change the section reported, we will be compelled to go
back and change the eighteenth section. If necessary for the proper
«§<» PROCEEDINGfS OF THE
adrainintration of justice, and for the protection of the rights of the
people, I hope we will go back and change the eighteenth section.
Mr. J. J. WEIGHT. I am in favor of the substitute with the nine-
teenth section, as reported by the Judiciary Committee. The Courts of
Equity in this State are indispensable, and I believe I can safely eay^
without fear of successful contradiction, that nine- tenths of the cases
that for the next ten years will be brought in the Courts will be equity
cases. I am also heartily in favor of Commissioners in Equity^ We
tvant to understand how it is so very expensive to carry a case through
thd Court of Equity. As I have said, lor the next ten years I believe
that nine-tenths of the cases will be brought into some Court of Equity.
In order to mete out justice to the citizens of this State, I consider it in-
dispensable to have Commissioners in Equity.
Mr. C. C. BO WEN. Under the practice of the Court of Equity can
a man get any remedy at a Court of Law ?
Mr. J. J. WEIGHT. What I insist upon is, that nine cases out of
ten will go into the Court of Equity. Nine-tenths will be cases that
will be recognizable in a Court of Equity, to be dealt with in the spirit
of the law as it heretofore existed, and as it will continue, perhaps, tor
the next ten years. With regard to the expense, every gentleman that
knows anything about Equity, knows the expense is enormous. For
the safety and welfare of any people, I believe that a petit jury is in-
dispensable. The Commissioners in Equity stand in the same relations
to the Court of Equity that a petit jury does to the Court of Common
pleas. All Equity matters should at first be brought before the Com-
missioner in Equity. He has the right then to order all the vouchers
and to hear all the evidence, to determine the case before him, and if
the lawyers wish to appeal from the decision of the Commissioner, they
have the right to appeal to the Chancellors when they sit, and they are
to determine the case. Perhaps nite-tenths of the cases that come be-
fore a petit jury would be stopped there and go no further. So with a
Court of Equity. Nine-tenths of the cases that would come before a
Commissioner in Equity would be settled there without any expense
whatever. He would sit as a Justice of the Peace, getting paid out of the
cases that come before him. Perhaps there would not be an appeal in
one case out of twenty; and if a person takes his case before a Court
of Law, and it goes against him, he may still go before the Commissioner
in Equity. If there is no Commissioner in Equity, the case goes before
the Equity Court. It goes through the same form as in the Court of
Common Pleas. The witnesses go there, take the stand, the evidence
is heard, arguments made, and the Chancellor then takes his time to
CONSTITUTIONAL CONVENTION. (8S1
|)ronounce his decree. Our State in her prepent condition is not pre-
pared for any such thing as that. We cannot sustain a Court of Equity in
this State without a Commissioner in Equity. If we have not Commis-
sioners, we must have another separate Court, because it would be just
as impossible to lay hold of the meridian sun, as for the Judge of the
Court of Common Fleas to act as Judge of Equity cases without the
assistance ef a Commissioner in Equity. As I said before, nine-teiiths
of the cases that will come up in the next ten years, should go before a
Court of Equity or Commissioner in Equity. If they have to come di-
rectly before a Court, it will have to sit from January to December,
without any vacation, in order to mete out that justice which every per-
son is entitled in law and equity. I am in favor of the substitute, but
desii-e to see it amended as follows ;
''The General Assembly shall make provision by law for the preser-
vation of the records of the Courts of Equity, and also for their transfer
!o the Judges of the Courts of Common Pleas, or those who have juris-
diction in cases of Equity, and the Judges of the L'ourt of Common
Pleas shall keep a separate record."
The very fact that the Judges of the Court of Common Pleas have
jurisdiction in cases of Equity, makes it evident they should have the
records. Just as soon as the Judges of the Court of Common Pleas
take their seat to try such cases, they are Chanctjrj Judges, and invested
with that power.
Mr. D. H. CHAMBEELAIN. I have but a word or two to say on
this question. I am in favor of the original section as reported by the
Chairman on the Judiciary, and if we are to be consistent with other
sections, which I have not as yet heard a proposition to change, I think
it necessary to allow the section to stand as reported by the Committee.
It has been attempted to convey an impression that the report of the
Judiciary Committee shuts up some of the facilities for bringing actions
and cases in equity. I desire to say that it is not the intention, and it
is not the effect of the provisions of the original report to narrow at all
the jurisdiction of our Courts in matters of equity. The object is not
to abolish, but to combine. We have declared that the Judges of the
Circuit Courts shall have full jurisdiction in matters of equity, but neither
the intention, nor the eftect of these provisions, will in any way be so
desirable in the future that a majority of the cases should be brought
jn equity. There is one objection, one difficulty, in the way of the
change proposed to be made by my distinguished friend from Fairfield.
He has attempted to show that at present there is an immense amount
of business in the Courts of Equity as now constituted. Whilst some
6SS PROCEEDINGS 01' THE
special provisions will have to be made by the Legislature in cases now
pending, I do claim that it is demonstrative that the Circuit Courts are
lumbered with thousands of cases which it is impossible, under the pre-
sent system, ever to bring to a conclusion. That is one of the strongest
reasons against the continuation of the system, a system that has brought
us to that dilemma. As far ai? I am informed, there are six huQdred
cases upon the Equity docket in Charleston. It is evident that some-
thing will have to be done to dispose of these cases now pending ; but
that there is such a multitude of cases pending now, is an argument
against the present system. It is contended by some who are not anx-
ious that law and equity should be separated, that it is necessary to
have these Equity officers with a Commissioner. In other States, where
law and equity are combined, and where it has been found possible to
carry on that system with success, no such officer has been found neces-
sary. If cases occasionally arise which require it, it is within the pro-*
vince of those Courts to appoint a referee, to continue so long as com-
plicated cases require his services, and when those cases are ended, his^
duties end.
My friend from Beaufort has said that going into equity is terribly
expensive. The object of the change is to make those expenses less
than terrible. I believe that in retaining the old equity system of
South Carolina, we are blindly going against the legal spirit of the age.
I am aware, of my own knowledge, that the equity system and equity
practice of South Carolina, is pointed to in other States as one of the
strongest arguments against its continuation. We have equity cases in
South Carolina which more than rival the famous case of Jaryndice vs.
Jaryndice ; and, in order that we may not continue such cases, in order
that we may not lumber up, or make it possible that the dockets of our
Courts shall be lumbered up as they are now by these undecided cases
in equity, I hope the original report will be retained and adopted.
Mr. J. J. "WEIGHT. Are you not aware that the substitute provides
that the Legislature may, at any time, alter the practice of the Courts
as they now are 'i
Mr. D. H. CHAMBEELAIN. I am aware of that, and have made no
argument which overlooks it. The substitute provides for a Commis-
sioner, and simply requires that the Judges of the Court of Common
Pleas shall act as Chancellors, and the system is not in any respec^
changed. I am aware that at some future time, with the view of con-
forming to the substitute, a change may be made in the mode of pro-
ceeding, but, if so, it will only be effected by estabishing separate equity
offices.
CO"SlSTITnTIO!NAL CONVENTION. ^^S
Mr. R. B. ELLIOTT moved the indefinite jjostponement of the sub-
stitute.
Mr. B. 0. DUNOAN. I hope that the motion will not prevail. I think
the question should be brouc^ht up in proper form and voted on in a pro-
per way.
Mr. L. S. LANG-LEY. I regret to observe that whenever a measure
is introduced into this body that is not popular with certain members,
they forget the courtesy due to others. I think it is certainly due, when
a motion in the form of a resolution or substitute is introduced by a
member, that it should receive that consideration which its merits de-
mand. I believe others desire to speak upon this substitute. There are
others, like myself, who do not fully understand it, and desire to hear a
full discussion sp as to vote intelligently upon the matter. I shall never
give my vote for summarily cuttinoc off the con'^ideration of so important
a luea^ur.-i as the one offered hv thi' geatieman from Fairfield. I hope,
therefore, the motion to postjjoue will not pievail.
Mr. WM. J. McKINLAY. I sincerely hope the motion to postpone
■will not prevail. My knowledge of law, I am free to confess, is ex-
tremely limited, and I desire to hear both the original section and the
subslitute fully debated. I feel sure, if the gentleman who called the
previous question had reflected a moment, he would not have made the
motion.
Mr. R. B. ELLIOTT. I consider it the right and privilege of any
member of this body, to offer any motion in a parliamentary form as he
sees fit. I claim the right to make the motion I did. Other members
have made similar motions in matters to which they were opposed, and
measures which I advocated. I have never yet complained of any gen-
tleman for so doing, and I do not see any reason why gentlemen should
take any exception to the motion I made, especially when the very same
gentlemen are noted for such motions themselves.
In regard to the advisability of the motion, I think enough light has
been shed upon this subject, and I consider the further discussion of it
an effort on the part of some members to let off extra steam, and I really
think one half the debate upon this substitute has not been at all to the
point. I ask that the motion to postpone indefinitely be put.
Mr. B. BYAS. I, as well as many others, not lawyers, desire to get
as much information as possible in reference to this matter, and hope the
motion to postpone will not prevail. We wish to vote intelligently upon
the subject. I move to lay the motion to postpone indefinitely on the
table.
The motion was not agreed to.
87
ISi§4 FROCEEWS'GS OF THE
Mr. E* W. M. MACKEY moved the previous question, which was not
Mustainefl.
The quastio^Q then recurred on the motion to indefinitely postpone the'
substitute.
Mr. R. C. DeLARGE moved that the Sergeant-at-Arms be directed to
brin^ in absent members, which was agreed to.
Mr. J. M. RUTLAND called for the yeas and nays, which was sus-
tained, and they were ordered and resulted as follows ;
Ye.'^s — Messrs. Alexander, Becker, Bowen, Bonum, Burton, Broeken-
ton, R. H. Cain, E. J. Cain, Camp, Card-ozo, Coghlan, Chamberlain,,
Chestnut; Darrington, DeLarge, Edwards, Elliott, Gentry, Goss, Harris^,
G. D. Hayue, Holmes, Humbird, Hurley, Jacobs, Jervey, Jillson, Sam*^!
Johnson, Wm. B. Johnson, W. E. Johnston, Henry Jones, Charles Jones,
tSamuel Lee, LesUe, E. W. M. Mackey, Mayer, Mead, Middleton, Miller,.
Milford, Neagle, Newell, Nuekles, Owens, Parker, Pillsbury, Randolph,
Ransior, Richmond^ Rivers, Runion. Sanders, Smalls, Stubbs, Swails..
Thomas, A. Thompson, Viney, Whittemore, White, Wingo — 62.
Nays — The President, Messrs. Allen, Boozer, Bryce, Byas, Cooke, Col-
lins, Corley, Craig, Davis, Dickson, Dill, Donaldson, Duncan, H. E..
Hayne, L. B. Johnson, Lang, Langley, George I^ee, Mauldin, W. J.
McKinlay, Wm. McKinlay, Nance, Nash, Olsen, Rainey, Robertson,
Rutland, Shrewsbury, S. B. Thompson, F. E. Wilder, Wooley, Wright
—84.
Absent — Messrs. Arnim, Bell, Crews, Clinton, Dogan, DrifQe, Gray, J
N. Hayne, Hunter, Henderson, Jackeon, J. W. Johnson, Joiner, Lomax,
McDaniels, Moses, Nelson, Perry, Rose, Sasportas, B. A. Thompson.
Webb, Whipper, Williamson, C M. Wilder — 25,
So the substitute was indefinitely postponed.
Mr. R. B. ELLIOTT moved to reconsider the vote, and to lay the mo-
tion to reconsider on the table, which latter motion was adopted.
Section nineteen, as reported from the Judiciary Committee, was theB
taken up.
Mr. D. H, CHAMBER! AIN moved to amend as follows, which was
iuiopted :
Add after the last word, in Section 19, '-' It shall be the duty of the
Judges of the Supreme and Circuit Courts,, to file their decisions within
sixty days from the last day of the term of Court at which the causes'
were heard."
The section so amended was passed to its third reading.
The PRESIDENT stated that the next Special Order was the ordi-
nance in relation to the rights of minor children.
Mr. R. C. DeLARGE moved a suspension of the Special Order for
CONSTITUTIONAL CUK VENTltJK". «85
five minutes, in order to allow Mr, CARDOZO to submit a petition to
the Convention.
Mr. IT. L. CAKDOZO presented the following petition, which, he said,
was one of the greatest importance, and required prompt action :
To the Honorable the Sena'e and House of Representatives
of the United States in Congress assembled :
Your petitioners, citizens of South Carolina, respectfully represent that
by authority of Act of Congress, approved February (5, I860, entitled
^' An Act to amend an Act entitled an Act for the collection of direct
taxes in the insurrectionary districts within the United States, and for
other purposes," approved January, 7, 186"2, certain lands in South Car-
olina were bid in by the United States at public tax sales, and that by
the limitation of said Act right of redemption has expired ; and.
Whereas certain tracts of said lands have not been sold by the United
States, but are now in the hands of thfi Tax Commissioners as the pro-
perty of the United St; tes, your peitioDers humbly pray that said
lands may be allotted in parcels, to the extent your honorable body
may designate, to those citizens of South Carolina who are destitute and
deserving ; the necessities and merits of the applicants for this benefit
to be determined by such measures as your honorable body may direct,
and your petitioners will ever pray.
On motion of Mr. R. C. DeLARGE, the petition was referred to the
Committee on PetitionSj with instructions to report to-morrow (Wednes-
day) morning.
Mr. H. E. HAYNE called for the next Special Order, which was the
report of the Committee on Education.
The report was taken up, and the consideration of the fourth section
was resumed, the question being on striking out the word " compulsory.''
Mr. B. F. RANDOLPH moved to strike out the words " twenty-four"
and insert " thirty."
Mr. H. E. HAYNE. I hope the word •' compulsory " will not be
stricken out. There is every reason why we should have compulsory
attendance at school. When we look around and observe the vice and
ignorance with which we have to contend, it becomes apparent that force
should be exercised to make parents send their children to school. It is
contended by some that compulsory attendance will work badly. But
the system has worked well in Germany and Massachusetts, and there
is no reason why it should not work as well here. 1 have never yet seen
a German without a good education. I hope the section will pass as
reported by the Committee.
Mr. B. BYAS. I hope the word " compulsory " will be stricken out.
If a father or mother have not interest enough in their children to pro-
45^6- PliOCEEDINGS OF THE'
vide for their education, let the eonsequencea be on their own heads.
When such parents are in their graves, their children will rise up and
damn them. Let us have a Eepublican form of government. A man
should not be compelled to educate his children, any more than he should
be forced to direct them to heaven or hell. Man is a free, moral agent,,
and he should be left where God put him.
Mr. J. K. JILLSON moved to adjourn, but the motion was not
agreed to.
Mr. E. C. DeLAEGE. One of the speakers from Marion (Mr.
EAYNE) has alluded to the education of the German people, as well
as to the practice of the people cf Massachusetts. In the language of
my friend from Beaufort, yesterday, if Massachusetts choo-ses to da
wrong, it is no reason why South Carolina should follow the example
I claim to be in favor of Eepublican institudons, and T desire to see the
liberties of the people perpetuated — not restricted, or subject to such
encroachments as that which is involved in this remarkable section.
The hour of one o'clock having arrived, the Convention adjourned .
A FT_^:RISrO( )N SKSSION,
The Convention re-assembled at 8 P. M.
The unfinished' business was resumed.
Mr. E. C. DeLAEGE. Although laboring under great inconvenience^
1 shall attempt to defend the amendment proposing to strike out the-
word "compulsory." In the first place, we have a report which is to
become a portion of the Constitution, and that Constitution emphatically
declares, in terms that cannot be misunderstood, that " no distinction
shall be made on account of race, color, or previous condition." It has
been remarked this morning that in the Constitution of Massachusetts,
and other Northern States, the same proviso exists. But any one who
reflects for a moment upon the condition of the people of Massachusetts,
and those of Sputji Carolina, will fully appreciate the great difierence
between then). As already stated, I object to the word "compulsory,''
because ij; is? cpntrary to tbe spirit and principles of republicanism^
Where is the necessity for placing in the Constitution a proviso that can
|ipy^r be enforced. It is ji|.st as impossijile to put such a section in prac-
operation, as it would be for a man to fly to the moon. No one
CONSTITUTIONAL CONVENTION. ^S7
will deny that an attempt to enforce it would entail the greatest trouble
•and expense. Who, I ask, do we propose to set up as a censor of learn-
ing ? Perhaps the opponents of the measure will say the School Com-
missioner. I deny that he can do it. He may be the father of half a
dozen children. !,• too, am the father of children ; but will any body
tell me that, as a free citizen of South Carolina, I have not the right to
choose whether I shall send those children to school or not. Will any
one say I shall not teach my child myself ? It may be said, such a right
is not denied me. Whether it be so or not, I plant myself upon the
broad principle of the equality of all men as the basis of true republi-
canism ; and to compel any man to do what this section provides is con-
trary to this principle.
A.gain, this clause will lead to difficulties of a serious character, to
which neither you nor myself can blind our eyes. In Massachusetts
there is a population cradled in the arms of freedom and liberty, free of
all prejudice and devoid of passion, to a great extent. In South Caro-
lina we have an entirely different set of people. We are about to in-
augurate great changes, which it is OTir desire shall be successful.
Mr. C. P. LESLIE. Do I understand you to say that the people of
Massachusetts have no prejudices of race ?
Mr. F. L. CAEDOZO. I would also like to ask the gentleman where
he gets his authority for saying that the people of Massachusetts are
i;radled in the principles of freedom and liberty. Is it so provided in
the Constitution of Massachusetts ?
Mr. E. C. DeLARGE. I am not well acquainted with all the clauses
in the Constitution of Massachusetts, and speak only from my historic
knowledge of that people. This section proposes to open these schools
to all persons, irrespective of color, to open every seminary of learning
to all. Heartily do I endorse the object, but the manner in which it is
to be enforced meets my most earnest disapproval. I do not propose to
enact in this report a section that may be used by our enemies to appeal
to the worst passions of a class of people in this State. The schools
may be opened to all, under proper provisions in the Constitution, but to
declare that parents "shall" send their children to them whether they
are willing or not is, in my judgment, going a step beyond the bounds of
prudence. Is there any logic or reason in inserting in the Constitution a
provision which cannot be enforced? What do we intend to give the
Legislature power to do ? In one breath you propose to protect mmor
children, and in the next to punish their parents by hue and imprison-
ment if they do not send their children to school. For these reasons I
am opposed to the section, and urge that the word "compulsory" shall
be stricken out.
m& PKOCEEDINGS OF THE
Mr; A. J. EANSIER. I am sorry to differ with my colleague froHK
Charleston on this question. I contend that in proportion to the educa-
tion of the people so is their progress in civilization. Believing this, I
believe that the Committee have properly provided for the compulsory
education of all the children in this State between the ages named ia
the section.
I recognize the importance of this measure. There is a seeming ob-
jection to the word "compulsory," but I do not think it of grave im-
portance. My friend does not like it, because he says it is contrary to
the spirit of republicanism. To be free, however, is not to enjoy unlimi-
ted license, or my friend himself might desire to enslave again his fellow
men.
Now I propose to support this section fully, and believe that the mor&
it is considered in all its bearings upon the welfare of our people, the
greater will be the desire that every parent shall, by some means, be com-
pelled to educate his children and fit them for the responsibilities of life.
As to the particular mode of enforcing attendance at school, we leave
that an open question. At preseat we are only asserting the general
principle, and the Legislature will provide for its application.
Upon the success of republicanism depends the progress which our
people are destined to make. If parents are disposed to clog this
progress by neglecting the education of their children, for one, I will not
aid and abet them. Hence, this, in my opinion, is an exceedingly wise
provision, and I am content to trust to the Legislature to carry out the
measures to which it necessarily leads.
Vice and degradation go hand in hand with ignorance. Civilization
and enlightenment follow fast upon the footsteps of the schoolmaster;;
and if education must be enforced to secure these grand results. I say
let the compulsory process go on.
Mr. E.. C. DeLARGtE. Can the gentleman demonstrate how the Leg-
islature is to enforce the education of children without punishment of
their parents by fine or imprisonment.
Mr. A. J. RANSIEE,. When that question arises in the Legislature,
I hope we shall have the benefit of my friend's counsel, and he himself
may possibly answer that question. If there is any one thing to which
we may attribute the sufferings endured by this people, it is the gross
ignorance of the masses. While we propose to avoid all difficulties
which may be fraught with evil to the community, we shall, nevertheless,
insist upon our right to provide for the exercise of the great moral
agencies which education always brings to bear upon public opinion.
Had there been such a provision as this in the Constitution of South
CONSTITUTIONAL CONVENTION. ^§9
Carolina heretofore, there is no doubt that many of the evils which at
present exist woold have been avoided, and the people would have been
advanced to a higher stage of civilization and morals, and we would not
have been called upon to mourn the loss oi the flower of the youth of
our country. In conclusion, I favor this section as it stands. I do not
think it will militate against the cause of republicanism, but, on the
contrary, be of benefit both to it and to the people whom we represent.
Feeling that everything depends on the education of the rising genera-
tion, I shall give this measure my vote, and use all my exertions to se-
cure its adoption into this Constitution.
Mr. B. F. RANDOLPH. In favoring, as I do, compulsory attendance
at school, I cannot for the life of me see in what manner republicanism
is at stake. It seems to have been the fashion on this floor to question
a man's republicanism because he chooses to differ with others on gen-
eral principles. Now this is a question which does not concern republi-
canism at all. It is simply a matter of justice which is due to a people,
and it might be just as consistently urged that it is contrary to republi-
can principles to organize the militia, to force every man to enroll his
name, and to arm and equip them, as to urge that this provision is anti-
republican because it compels parents to see to the education of their
children.
Mr. B. 0. DUNCAN. Does the gentleman propose to educate chil-
dren at the point of the bayonet, through the militia ?
Mr. B. F. RANDOLPH. If necessary we may call out the militia to
enforce the law. Now, the gentlemen on the other side have given no
reasons why the word "compulsory" should be stricken out.
Mr. R. C. DeLARGE. Can you name any State where the provision
exists in its Constitution ?
Mr. B. F. RANDOLPH. It exists in Massachusetts.
Mr. R. C. DeLARGE. That is not so.
Mr. F. L. CARDOZO. This system has been tested in Germany, and
I defy the gentleman from Charleston to deny the fact. It has also been
tested in several States of the Union, and I defy the gentleman to show
that it has not been a success. It becomes the duty of the opposition if
they want this section stricken from the report, to show that where it
has been applied it has failed to produce the result desired.
Mr. J. J. WRIGHT. Will you inform us what State in the Union
compels parents to send their children to school ?
Mr. B. F. RANDOLPH. The State of New Hampshire is one. It
may be asked what is the object of law ? It is not only for the purpose of
restraining men from doing wrong, but for the protection of all the citi-
690 PROCEEDIlsrGS OF THE
zens of a State, and the promotion of tke general welfare. Blackstone
lays it down as one of the objects, tlte furthering, as far as it can con-
sistently be done, of the general welfare of the people. It is one of the
objects of law, as far a^i practicable, not to restrain wrong by punishing
man for violating the right, but also one of its grand objects to build
up civilization, and this is the grand object of this provision in tlie re-
port of the Committee on Education. It proposes to further civilization^
and I look upon it as one of the most important resuks which will fol-
low the defeat of the rebel armies, the establishment among the people
who have long been deprived of the privilege of education, a law which
will compel parents to send their children to school.
Mr. E.. B. ELLIOTT. Is it not regulated by general statutes in the
State of Massachusetts, that parents shall be compelled to send their
children to school ?
Mr. B. F. EANDOLPH. We propose to do that here. I consider
this one of the most important measures which has yet come before thi&
body. I think I can read it in the eyes of the msmbers of this Conven-
tion to favor this measure. I feel that every one here believes it to be
his duty to the people he represents. I believe every one here is zealous
in doing all he can to further civilization, in building up educational in-
stitutions in the vState, and doing all that is calculated to diffuse intelli-
gence among the people generally. I had the honor of being principal
of a free school two years ; and, in the midst of one of the most intelli-
gent system of schools, the most trying thing which teachers had to
contend with was the want of regular attendance on the part of the
children. The most intelligent parents would sometimes neglect to send
their children to school. The teachers had to adopt rules closing their
doors to those who w^eve irregular in their attendance. This law will
assist the teachers and assist our school system. It will prove beneficial
to the State not only for the reasons I have given, but for various other
reasons. I hope you will all vote for it. I shall vote for it with all my
heart, because I believe it to be something beneficial to the welfare of
the people of the State.
Mr. A. C. EICHMOND. I desire to say but a few words on this
subject. I shall speak principally in reference to our common schools
and public funds. We expect to have a public school fund, although it
may not be very large. We expect our parishes to be divided into
school districts of convenient size. We can erect only a limited number
of school houses each year, and it may be five or ten years before school
houses are erected in all the districts, and the fund becomes large
enough to assist in the education of all the people. If the word "com-
CONSTITUTIONAL CONVENTION. «»l
3)ul8ory^^ remains, it will be impossible to enforce th« law for sometime
to come. We say the public schools shall be opened to all. Every
3chool district will have its school houses and its teachers. There is to
be a particular school fund, school districts, and school houses. It is
supposed by legislators and others that it is an excellent thing to liave
the children to go to school. It opens up a vast field for discussion, and
affords a beautiful opportunity for making buncombe speeches. It is
admitted by all legislators in every State of the Union, that eheap edu-
cation is the best defence of the State. There must be schools to which
■colored children can go ; but we wish to look into the propriety of com-
pelling parents to send their children to school. I believe the efforts of
the teachers, preachers, and all those interested in the welfare of the
State, and the efforts of all those interested in the welfare of the col-
ored people, will bring out nearly all the colored children. I believe
neiirly alJ the colored children of the 8tate will go to school. We have
societies that will help to furnish the books ; we have preachers who
are much interested ; we have missionaries, all of whom are interested
in this class of our people, and who will see to it that the colored
children are educated, so that settles that point. The next point is, how
are the white children going to school ? By me^ns of moral suasion
nearly all the colored children will be brought to school ; and by means
of white schools, nearly all the white children will go to school and be
educated. It will regulate itself. The word "compulsory" is used to
compel the attendance of children in one or the other class of schools.
Mr. E. C. DeLAEGE. What does the tenth section of that report
say?
Mr. A. C. RICHMOND. I believe it is the meaning, that if families
of white people are not able to send their children to private schools,
they shall be obliged to send their children to the public schools, in
which all white and colored shall be educated.
Mr. F. L. CAEDOZO. We only compel parents to send their children
to some school, not that they shall send them with the colored children ;
we simply give those colored children who desire to go to white schools,
the privilege to do so.
Mr. A. C. EICHMOND. By means of moral suasion, I believe
nearly all the colored people, as well as a large number of the children
of white parents will go to school ; such schools as their parents may
select. If parents are too proud to take advantage of the means of
education afforded, why then I say let their children grow up in igno-
rance.
Mr. J. A. CHESTNUT. So far as I have been able to see and judge,
88
60»y FfeOCEEDTXOS OF TET.
this report of the Oommittee is a sensible one. and ought to be adopted
as it stands. How it can affect the righta of the people, or interfere with
the spirit of republicanism, I am at a loss to discover. On the contrary^
from all the experience I have had among the people, I unhesitatingly
declare that no measure adopted bj this Convention will be more in con-
sonance with their wishes than this, or more productive of material
bles&ings t& all cia&aes. Sir, you cannot by any persuasive and reason-
able means establish civilization among an ignorant and degraded com-
mtmity, such as we hare in our country. Force is necessary, and, for
one, I say let force be used. Republieanisni has given us freedom, equal
rights, and equal laws. Eepublicanism must also give us education and
wisdom.
It seems- that the great ditiiculty in this section is in the fact that difli-
(3U:lty may arise between the two races in the same school, or that the
whites will not send their children to the same schools with the colored
thiidren. What of that? Has not this Convention a right to establish
a free school system for the benefit of the poorer classes ? Undoubtedly.
Then if there be a hostile disposition among the whites, an unwillingness
tn send their children to school, the fault is their own, not ours. Look
at the idle youths arouiad us. Is the sight not enough to invigorate
Hvery man with a desire to do something to remove this vast weight of
ignorance that presses the masses down? I have no desire to curtail
1 he privileges of freemen, but when we look at the opportunities neg-
lected, even by the whites of South Carolina, I must confess that I am
more than ever disposed to compel parents, especially of my own r<ice..
to send their children to school. If the whites object to it, let it be so.
The consequences will rest with themselves.
I hope, therelore, that the motion to strike out the word "compulsory'"
will be laid upon the table.
Mr. E. H. CAIN. It seems to me that we are spending a great deal
nf unnecessary time in the discussion of this subject. It is true, the
question is one of great interest, and there are few who are not anxious
that provisions shall be made by this Convention for the education of all
Masses in the State. But I am confident that it will not be necessary to
use compulsion to efleet this object. Hence, I am opposed to the inser-
tion of the obnoxious word. I see no necessity for it. You cannot
compel parents to send their children to school; and if yon could, it would
be unwise, impolitic, and injudicious. Massachusetts is fifty years ahead
of South Carolina, and, under the circumstances which exist in thai
State, I might, if a resident, insist upon a compulsory education; but in
South Carolina the case is different. There is a class of persons here
€(3SST1TUTI0NAL C0i>5 VENTION. «^
•wliose situation, interests and necessities' are varied, and controlled by
surroundings which do not exist at the North. And justice is deniande<l
for them. To do justice in this matter of education, compulsion is not
required. I am willing to ti*ust the people. They have good sense, and
"experience it?elf will he better than all the force you can employ to instill
the idea of duty to thesir children.
Now, as a compromise with the other side, I propose the following
amendment^ namely that 'Hhe General Assembly may require the at-
tendance at either public or private schools," &c.
This is a question that should be left to the Legislature. If the cir-
cumstances demand it, compulsion may be used to secure the attendance
of pupils ; but I do not believe such a contingency ever will occur.
As to the idea that both classes of children will be compelled to go to
school together, I do not think it is coiupiehended in the subject at all
I remember th.it in my younger days I stumped the State of Iowa for
the purpose of having stricken from the Constitution a clause which
created distinction of color in the public schools. This was prior to the
assembling of the Constitutional Convention. All we claimed was that
they should make provision for the education of all the youth. We
succeeded, and such a clause was engrafted in the Constitution, and that
instrument was ratified by a majority of ten thousand. We said
nothing about color. We simply said "youth."
I say to you, therefore, leave this question open. Leave it to the Leg-
islature. I have great faith in humanity. We are in a stage of
progress, such as our country never has seen, and while the wheels are
rolling on, depend upon it, there are few persons in this country who
will not seek to enjoy it by sending their children to school. White or
black, all will desire to have their children educated. Let us then make
this platform broad enough for all to stand upon without prejudice or
objection. The matter will regulate itself, and to the Legislature may
safely be confided the task of providing for any emergency which may
arise.
Mr. R. G. HOLMES. If there is anything we want in this State, it
is some measure to compel the attendance of children between the ages
of six and sixteen at some school. If it is left to parents, I believe the
great majority will lock up their children at home. I hope, therefore,
we shall have a law compelling the attendance of all children at school.
It is the statute law in Massachusetts, and I hope we will have the pro-
vision inserted in our Constitution. The idea that it is not republican to
educate children is supremely ridiculous. EepubHcanism, as has been
well said, is not license. No man has the right, as a republican, to put
FKUCKirDlS'G'S m' THE
ills hand in my pocket, or steal money from it, because lie wishes to- d<j>
it. I can conceive of a way in which my child may be robbed by that
system of republicanism which some members have undertaken to de-
fend. My child may be left an orphan, poor and dependent on the kind-
ness of neighbors or friends. They may think it to the best interest of
that child to bind it out as an apprentice to some person. My child may
be robbed of an education, because the person to whom it was bound,
does not think it advisable to aend that child to school, as there may
happen to be some objectionable children in the school. I have seen
white children sitting by the side of colored children in school, and ob-
served that there could not have been better friends. I do not want
this privilege of attending schools confined to any exclusive class. We
want no laws made here to prevent children from attending school. If
any one chooses to educate their children in k private school, this law
does not debar them that privilege.
But there are some who oppose all education. I rerriiember the case of an
individual who refused to have his children educated beause, as he said,,
he himself had got along well enough without it, and he guessed his
children could^ do the same. There is too much of that spirit in our
State, and we want to contrive something to counteract it. In the case
to which I have alluded, that individual some fifteen years afterwards,
when his children had grown up, regretted his action, and was very
much mortified because his children had no education. I hope we will
engraft something into the Constitution, making it obligatory upon
parents to send their children to school, and with that view, I hope the
section will pass as it is.
Mr. E. I>. ELLIOTT, I do not rise to make a speech, but simply and
briefly to express the hope that the section as reported by the Committee
on Education will be adopted. 8ome gentleman have said it is anti-
republican. I deny it. It is in conformity with the ideas of republi-
canism to punish crime. It is republicanism to reward virtue. It is
republicanism to educate the people, without discrimination. That ha&
made New England great, and made her citizens, poor as well as rich,
low as well as high, black as well as white, educated and intelligent-
The gentleman from Berkley (Mr. Richmond) has said this law is to
force the white and colored children into the public schools together.
The only question is whether children fehall become educated and en-
lightened, or remain in ignorance. The question is not white or black
united or divided, but whether children shall be sent to school or kept at
home. If they are compelled to be educated, there will be no danger of the
Union,- or a second secession of South Carolina from the Union. The mass-
CONSTITUTIONAL CONVENTION. ^^5
<3S will be mtelligent, and will become the great strength and bulwark of
Tepublicanism. If they remain uneducated, they will inevitably remain
^ignorant, and it is a well known fact, that ignorance is the parent of vice
and crime, and was the sustainer of the late gigantic slaveholder's re-
bellion. If the children remain at home, instead of a harbor of peace
and prosperity, we will have a stone blockade.
I have been astonished at many of the grounds taken by many of the
gentlemen who have spoken upon this subject. Some have gone into
discussion, not on the merits of the fourth section, but either of the
eleventh section or some other clause. Many have left that report alto-
gether, and have entered into a statement of what they had the privi-
lege of undergoing already, and what they would hke to have the privi-
lege of undergoing in the future. I think if this question was fairly
discussed, there would be found but few gentlemen on this floor who
was opposed to the report of the Committee. It is not a question of
color, but simply as to whether white or black shall keep their children
at home uneducated, bringing them up in ignorance, useless to society,
or be compelled to send them to school, where they can be made intelli-
gent and useful in the community where they reside. This is the only
question to be answered- I appeal to gentlemen of the Convention to
know whether they desire to see a state of anarchy, or a state of confu-
sion in South Carolina in the future. I desire to know whether they
wish to see an independent people, engaged in industrious pursuits, liv-
ing happy and contented. The child that remains in ignorance until
grown up will never learn the first duty that ought to be learned by
every man, which is to love his country and to love his State. If a man
is so ignorant as to know nothing of political economy of his State or
country, he can never be a good citizen. To be a good citizen every one
should know what are the duties of a citizen, and the laws of the State
and country in which he resides. He must be able to tell what is a vio-
lation of law. We blame ia, man if he violates the law, though he is
ignorant. It will not be denied that it is republicanism to punish a man
if he commits a crime. If you give a man the privilege of remaining
in ignorance, it is anti-republicanism to punish him. You must compel
them \o learn. Do that and you will have peace in the future. If you
neglect to do this, you must expect confusion, vice, and everything of the
sort. I hope the section will pass as reported by the Committee.
Mr. J. K. JILLSON. Hitherto I have refrained from entering into
the arena of debate, but this subject before us, and the principles in-
volved, are of such vast importance, that I must claim the indulgence of
the Convention while I ofier a few remarks in regard to the matter.
606 PEOCEEDINGS OF THE '
The report received the most careful attention from the Committee, audi
section four more than any other. We discussed it in all its various-
points before bringing it before the Convention. The subject of educa-
tion is one that should command the attention and interest of all na-
tions, all people, and every individual ; but in a country or nation where-
the republican: form of government prevails, where the government ie-
of the people, and in, through, and by the people, it is of the most vital
importance that the interest of education be cherished and enlarged a&
second to no other interest. A celebrated modern writer makes the fol-
lowing statement : " It is the clearest duty, prescribed by nature herself,,
under silent. but real and awful penalties, of governing persona in every
society, to see that the people, so far as possible, are taught ; that wher-
ever a citizen is born, some chance be offered him of becoming a man.
This is ibr ever the duty of governors and persons in authority in hu-
man societies," and if we carefully examine the history and status of
nations, that the above statement is verified by incontrovertible evi-
dence, and by facts that cannot be gainsayed ; for those nations in which
the most liberal, careful, and efficient provisions for the education of the
people at large are made, stand foremost in the ranks of civilization,
progress, humanity, national greatness and glory, and Christianity. But,
to come more directly to the question now before us, in my humble
opinion, the only rational objection that can be urged against the prin-
ciples involved in this section, is that they militate against the great and
comprehensive principles of republicanism, that they are indicative of
an abridgement of, an infringement upon, and a subversion of the rights
and liberties of the people, that they assume to dictate as to what a cer-
tain class /?iust and sha^l do. Mr. President, I am willing to accept, the
widest, highest, and most expansive definition of freedom, but I am not
disposed to accept the term as synonymous with unbridled license. Sir,
while I hold that it is the sacred, solemn, and imperative duty of the
State to vouchsafe to all its citizens all their rights, and all their privi-
leges, I also maintain that it is just as much its bounden duty to check
and restrain the abuse of those rights and privileges, that the government
has the prerogative to assume to act as the regulator, and monitor, as
well as the faithful defender and preserver of liberty. No one will deny
that individual rights should and ought to be subservient to thS great
interests of the common weal and prosperity. " No one has a right to do
as he pleases, unless he pleases to do rig>ht."
In Switzerland, that stronghold of liberty, whose snow clad Alpine
crags ring with the bugle notes of freedom, the birth-place of the pa-
triot Tell, a country whose people are noted for their intelligence, mo-
CXiNSTmrTIONAL CONVENTION. ©«>7
YaKty, patriotism, and piety, the law compels parents to send their
children to school six months in each year. In Massachusetts, a State
second to non-e in the Union in regard to the general intelligence, indus-
try, liberality, morality, patriotism, piety, and public enterprise of its
people, the pioneer State in the cause ot education, there is a law which
says parents mitst send their children bttween certain ages, to either
public or private schools, three months in each year ; and if the parents
are not able to provide the children with the necessary school books,
they are furnished by the School Committees. In Massachusetts, only
une person in about every three hundred and fifty, is unable to read and
write, and I venture the assertion without fear of contradiction, that
there is not a single adult person of native parentage, born and raised
in the State, and having ordinary mental capacity, who cannot read,
write, and cipher. In South Carolina, where there has never been any
system of free public schools, there is one person in every eight who
cautiot read and write. Here is what a celebrated advocate says of
compulsory education in Prussia :
In the Kingdom of Prussia, every child is compelled to attend some
school, whether his parents will or not. The annual report has these
words : "There is not a single human being in Prussia who does not
receive education, intellectual and moral, sufficient for all the needs of
common life." This law of compulsion has been in operation but four-
teen years, when pauperism and crime had diminished thirty-eight per
cent.
In the present relationships of our mixed population in the United
States, this law of compulsion is called for as a defence of our liberties.
We have in our country more than a million of children between the
ages of five and sixteen who can neither read nor write ! Do you ask
what we are going to do with them ? That is not the question. The
question is, what are they going to do with us ? Think of their future
power at the ballot-box ! We can disarm their animal ferocity and tra-
ditional prejudices only by intellectual culture and moral principle ; and
this preventive process can be effectually applied, in nineteen cases out
of twenty, only during the period of youth. Society has a right to de-
fend itself against crime, against murder, arson, etc. Has it not an
equal and prior right to defend itself against the cause of crime, which
is ignorance '? If you force a young man into prison because he is a
thief, we call upon you to force him, while a boy, into a schoolhouse, to
prevent his becoming a thief. " Here surely " an ouncse of prevention is
worth a pound of cure."
At this period, when four millions of freedmen are to carry their votes
to the ballot-box to help shape the destinies of the republic, what lan-
guage can overstate the pressing necessity of their being educated to com-
prehend their new position, exercise their new rights, and obey their new
laws ? It is the command of Nature's God, that all children should be
educated in order to answer the purposes of their creation. If a parent
eg/S FROCEEDIlSrGS OF THE
be so weak or wicked as to refuse his child the daily bread of know-
ledge, let the Legislature stand in the place of parent to that child, and
do for him what his nature demands, and the public safety requires.
To enforce the law, let the selectmen of a town be empowered to impose
on that delinquent parent a fine not less than one dollar, and not more-
than five dollars. This fine would not need to be imposed in any neigh-
borhood more than half a dozen times, because public sentiment would
so heartily approve its benevolent aim, that it wou'd silently change all
objections, as it did in Prussia.
I hope we will profit by the experience of others. I am in favor of
the section as it stands, and opposed to any change being made in the
phraseology of it. It is said the word compulsory is harsh. I say it i&
right. Another point has been made. Ihat we cannot enforce the law.
I hope there will be no occasion for its harsh enforcement. I want to
have public opinion brought to bear upon those parents who keep their
children from school. I hope the section will pass as it is.
Mr. J. J. WRIGHT. Although indisposed and scarcely able to speak,
I feel it my bounden and indispensable duty, as one deeply interested in
this matter and as one who desires to look after the general welfare of
the people, to raise my ieeble voice against the adoption of this clause.
I have had seven years experience in teaching school, and I know some-
thing about the influence that should be brought into communities, and
the influence that should be brought upon children to cause them to at-
tend at schools, and I say here that whenever we place in our Constitu-
tion such a clause as this we are trampling upon the liberties of the
people. We are depriving them of those rights, privileges and immuni-
ties which belong to every free people.
Many gentlemen have referred to Massachusetts, New Hampshire, and
several other States, to prove their case ; but they have, so far, failed.
They have not shown us that any of Ijhe States referred to have any
sucl^ law, and we stand upon the defensive and deny that they have.
But suppose Massachusetts! New Hampshire, North Carolina, or any
other State in the Union, had a law of that kind, it is no reason why we
should have it. We occupy an entire different position from what those
States do. We have just been born to a new life, and we are not pre-
pared at this stage of our proceedings to enact or enforce any such law,
or to incorporate it into the Constitution. Millions of our people now
upon the plantations can hardly get bread to satisfy thoir hunger and to
sustain life. It is simply a matter of impossibility for us in the next
one,| two or even three years, to compel those people to send their
children to school. If the young men in Charleston and elsewhere,
who are qualified, will go out and organize schools, then we might think
CONSTITUTIONAL CONVENTION. 699
about such a measure. But would you put such a clause iato your Con-
stitution now, when in many places there are no schools, and children
would be compelled, perhaps, to walk ten or twenty miles to reach one.
It is absurd. When the time shall come that we have our schools in
■operation all over the State, and schools enough in every district, then
we may enact such a law as to compel the attendance of children at
school, and enforce ii
I have had some experience among these people, and I know of no
■class of people upon this earth who desire to abide by the law, when
they know what the law is, more than they do. But if we put such a
law into the Constitution, it may be five or ten years before we can put
that law into execution. Again, how are we going to enforce a law
without a penalty. Here are these people that cannot send their chil-
dren to school. What are you going to do with them ? I propose this
amendment: "The General Assembly may by Law provide for the com-
pulsory attendance at either a public or private school of all children
between the ages of six and sixteen."
I simply offer this to meet the exigencies of the case. The General
Assembly is elected to pi'ovide for the general welfare of the people, not
only in respect to schools, but in every respect. If you confer this power
upon the General Assembly, then that body, whenever in its judgment it
may be deemed prudent and such a law can be enforced, can provide for
the compulsory attendanee of children at school.
If, at the first session of the Legislature, that body does not make >a
law that comes up to the provision, of this Constitution, the people have
a right to complain and murmur, and to say chat persons we have
elected to the Legislature have not performed tneir duty. The Legisla-
ture is bound to fulfill every- requirement ol the Constitution we are
about to frame. It they do not, they are not faithful servants of the
people. I know New England is the glory of the land. She is an ex-
ample for us. Whys' It is not her vast fiscal resources, not her wealth,
not her military resources. It is the superior knowledge and zeal which
they have given their children. But when you undertake to say there is
a law compelling parents to send their children to school, I deny it and
challenge the proof. I know that Massachusetts, New Hampshire, and
other States have a provision making it obligatory upon every town and
every county to have a school for children. If a town or county does not
establish a school,- then a fine or penalty is imposed upon that county to
twice the amount of the cost to establish schools. But I contend that it
is incompatable with the general welfare of any people, and even with
89,
•SOO PROCEEDINGS OF THE
the Christian religion, to compel men to send their children to school-
Mr. WRIGHT then read his amendment.
Mr. B. F. WHITTEMORE. I did not expect it would be necessary
for anything to be said in defence of the clause as reported by the Com-
mittee on Education. I was perfectly well aware of the ability
of the framers of this clause to defend what.soever thej have re-
ported. I am very glad to find tliat, so far as the discussion has gone, that
the o-eneral feeling and impression made by the debaters is that it should
continue just as reported. I am glad to find so strong a feeling, with
regard to the compulsory attendance of children at school. It has been
said, with regard to the condition of the people of this State, that it is
not to be compared to that of the people of other States ; and, secondly,,
that a provision like this is not adapted to the present condition of the
people of South Carolina. I am aware, so far as the children of the
State are concerned, it needs no special enactment for the purpose of
senditig them to school. If we establish school houses at convenient
places, I am persuaded that the children them.-elves will be anxious to
go to school. But I am aware that even now, with the scanty provisions
made, that in some localities there are parents who endeavor to prevent
their children from going to school. I would be in favor of taking away
the power from the parent to prevent their children from receiving edu-
cational advantages. I believe, if there is a parent so lar forgetful of
the interests of his child, if there is a guardian, or any one into whose
hands a child has been entrusted, so far forgetful of the welfare of that
child and of the benefits that attach to educational advantages to pro-
vent it from partaking of those advantages, I hope that that child will
be taken out of that parent's or guardian's hands. Show me school
houses, show me children going willingly to school, or compelled to go to
school, and I will show you a community that has high considei'ations
not only for its own respectability, but a community that will increase
and prosper, and who.se example is worthy to be followed
If we provide for the children, we shall provide for the condition of
the people. Make children intelligent, give them an opportunity to un-
derstand and read their own laws, to understand the constitutional provi-
sions of the law under which they live, let them understand the penal-
ties that attach to a violation of the law, and yju protect the children
and protect the communities against crime, and in place of a prison,
there will be a school house. In other words, let us provide for the dif-
fusion of intelligence, and we keep out of the jails and penitentiaries a
large number of people.
It has been said that the punishment inflicted upon the parent, also
CONSTITUTIONAL CONVENTION. Wl
punishes the children. 1 wish the ancient Lacedemonian law might be
the law which governed us in this State ; that the punishment of chil-
dren found guilty of crimes was visited upon the parents, for it was held
that if these children were properly educated they might have grown
up good members of society, and have been prevented from committing
crime.
The ancient Hebrews had a law among theui that a child not taught a
trade was, consequently, taught to steal. If it was in my power to make
laws for the government of the people, I would not only make it com-
pulsory that the children attend schools a certain number of weeks, or
months, but 1 should make it compulsory that they should have a trade.
I would say that no man or woman should be allowed to enter into the
solemn relation of marriage uatil they could read and write, and it is
my solemn opinion you would very soon see the people all over the State
going to their books.
We simply mean by this section to say that the Legislature, by its
enactment, shall provide for the compulsory attendance of all the chil-
dren in the State at some school. The laws in Conaect cut and Massa-
chusetts, which have been cited, make it imperative for childron to at-
tend school so many months in the year. Corporations themselves have
established schools within their own corporate limits for the purpose of
giving education to the children working in their factories, or in their
employ. If we had to provide a school house at every cross road in the
State, we should provide for the attendance of every child in every sec-
tion of the State. I am well aware that children walk great distances
to go to school. Many little children tramp eight or ten miles to attend
school, so earnest are they in their hearts to attain knowledge. Wis-
dom is above all rubies, above all price. As I look into the faces of the
members, I think I can see what the vote will he upon this question. I
believe, when we come to declare our verdict, that the large majority
will vote for the section as it stands. I trust there will be no half way
provision adopted. I trust the cheek will not blanch, nor the lip trem-
ble, when we come to stand upon this question. Let us not say that the
General Assembly can, but that it shall, provide for the compulsory at-
tendance at school of all the children within this Commonwealth
Mr. W. E. JOHNSTON. I do not rise to make a speech. But it has
been said by the member from Beaufort (Mr. WRIGHT) that we have
just been born. I wish to deny that, and inform the member that we
are three years old. Having made such tremendous strides in three
years, I think it highly necessary that some method should be adopted
by which these three year old children should, instead of running around
fftf PROCEEDIS'GS OF THE
molasses barrels or stealing cotton, be compelled to go to school. I no-
ticed with regret, on my way here this morning, some eighteen colored
children standing before the door of the Guard House of this city. If
those little boys and girls were at school they would not have been
arrested for stealing. But I think enough has already been said upon
this question, and I move an indefinite postponement of all the amend-
ments.
Mt. 0. P. LESLIE. If our friends from Massachusetts can be kept
quiet a little while, it will gratify me exceedingly to have a little talk
with them. When this Convention was first called, some of the dele-
gates in the house, and many of the friends outside, if they met with
the slightest possible misfortune, if a man lost his watch, or his pocket
book, the first thing he did was to run into the menagerie, when some
delegate would immediately offer a resolution that some sort of relief
should be extended. After a good deal of nonsense, it was at last
thought not really proper to present that style of resolution. Time run
on, and the few delegates here in this body from somewhere have seemed
so to act, that they were picked out, and told by our enemies to do some
pretty thing or things, that would, beyond any question, tend to defeat
the adoption of the Constitution we are endeavoring to fi'ame for this
State, they could not be doing better than they are now. Sometime ago
our friends looked anxiously forward to the various questions that should
arise. One important question was that of the judiciary. That, for-
tunately for all, has been settled in a way that gives satisfaction to eveiy
reflecting right-minded man in the State. There were a number of
questions that directly affected the fate of the pending Constitution. One
important question was the homestead, and our friends again looked
forward to see what action the delegates would take in that -direction,
t know the homestead provision put in our Constitution was one ol the
very best strokes of policy we have yet made. Right upon the heel of
that, and at a time when • everything is going on sensibly, so that it is
believed no power in the State can by any possibility defeat the adoption
of our Constitution, comes a proposition that must be odious to a large
class of people in the State. Now, I can live in South Carolina whether
the Constitution is adopted or not, and I can vote in this State. I can
have every right and privilege that any white voter has; but I say to
the colored members of this body if this Constitution is not adopted
they cannot do it. I do not suppose, in the present condition of affairs^
that we can make a Constitution that is in all respects just exactly what
we would have it. There are many good provisions that we may from
absolute necessity have to leave out. There are a great many provis-
CONSTITUTION \L CONVENTION. TTOS
ions that I myself would be glad to insert in that Constitution, but I
^ill never be guilty of doing an act when my own good sense condemns
that act. It is as important to the colored people of the State as to the
white ; it is important to me, and important to every man in the State,
that a fair, liberal, just and generous government should be established.
It is important to the rising generation, both white and colored. If you
tio not hkppen to get all you want ; if you do not want to insert a pro-
vision which will endanger the result of the vote on the Constitution
when it goes before the people, then for heaven's sake have sense
enough to leave it out. Some people think they can come in here and
can make just such a Constitution as they in their playful judgment
may think proper. They think that a poor miserable South Carolinian
can be taken up here and led just where they wish to take him. Auother
says he shall have nothing but gingerbread ; and still another comes
from Massachusetts, and insists that this miserable South Carolinian shall
eat anything he chooses to cram him with, and brings in a long doctor's
bill. Another from Massachusetts says he shall not have anything to
drink, and so on until you have enough before you, which, it adopted,
will bring our Constitution beyond any hopes of resurrection.
I appeal to the good sense of the delegates, to retlect that every time
you undertake to force a people to do what you know they do not ^aut
to do, it can never be carried out. I am to-day a Squtj:i Carolinian i I
am going to live and die a loyal man ; to be loyal to the government,
but by the eter»al heavens I will never be forced tq do what in my own
judgment no one has the right to force upon me. , Who is going tp exe-
cute this law if made ? That is a direct question, and I want the dele-
gates from Massachusetts to come up squarely and fairly and answer it.
Our friend from Massachusetts undertakes to tell us the loyal men are
going to do it. \y^iio are they ? Are they the blacji people in the State; ?
You cannot force them any more than you can t;he whiles. There is uo
use making a law unless you can enforce it ; but if you undertake to go
on with this wild business, I warn you of the consequences. . ^ ^ . • ^
Mr. F. L. CARDOZO. The gentleman from Barnwell (Mr. LESLIE)
has made an appeal to the fear of the colored delegates on this floor,
by holding up before them the bugbear of the deleat of our Constitu-
tion. I would simply say, that I do not think there is a colored delegate
but what knows that we have carried the Convention against the white
people of this State, and will carry the Constitution also. I will qualify
my language, by saying that we do not fear those whom the gentleman
from Barnwell tells us to fear.
Mr. R. J. DONALDSON. Will the gentleman be kind enough to
t04 CONSTITUTIONAL CONTENTION.
inform the Coavention how many native born South Carolinians are
upon the Committee on Education ?
Mr. F. L. CARDOZO. There is but one Massachusetts man on the
Committee.
Mr. C. P. LESLIE. Did any South Carolinian vote for that provis-
ion ? If 80, I would like to know it ?
Mr. F. L. CARDOZO. I would say that one style of argument, of
appealing to our fears, or cowardice, or our unmanliness, is scarcely
worth noticing.
Mr. C. P. LESLIE. The gentleman has asserted or misstated what
I said. I did not appeal to the cowardice of the colored delegates ; I
appealed simply to their good sense.
Mr. F. L. CARDOZO. I still maintain my position, that the style of
argument to which I have alluded is low, mean, and unmanly. I desire,
in the first place, to divest this question of the false issues which some
cunning political demagogues on the floor have connected with it. They
have said this section would compel colored and white children to go
together in the schools.
Mr. J. J. WRIGHT. I rise to a point of order. I object to the
words " political demagogues," used by the gentleman In his argument.
Mr. C. P. LESLIE. He had reference to himself ; what do you want
to interrupt him for ?
Mr. F. L. CARDOZO. I referred to the gentleman from Barnwell.
Mr. C. P. LESLIE. I refer to him.
Mr. F. L. CARDOZO. I will state again, that it is the habit of
some members of the Convention, when they want to defeat a measure^
to connect false issues with it, and make it appear as odious as possible.
I ask members to look at the strategy kept up by members of the oppo-
sition. They have said that we compel white and colored to go together
in these schools, and by that means they attempt to defeat this section.
Their assertion is ungentlemanly, and it is untrue.
The hour of six having arrived, the PRESIDENT announced the
Convention adjourned.
I^ORT Y-Si:CONr> DAY.
Wednesday, ITIarcli 4, 1868.
The Convention assembled at 10 A. M., and was called to order by
the PRESIDENT.
Prayer was oflFered by the Rev. B. F. JACKSON.
The roll was called, and a quorum answering to their names, the
PRESIDENT announced the Convention ready to proceed to business.
The Journal of yesterday was read and confirmed.
The Convention resumed the consideration of the fourth section of the
report of the Committee on the Executive part of the Constitution, pro-
viding that 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 at least twenty-four months.
The first question was striking out the word " compulsory."
Mr. F. L. CARDOZO. Before I resume my remarks this morning, I
would ask the favor of the Convention, and especially the opposition, to
give me their close attention, and I think I can settle this matter per-
fectly satisfactory to every one in the house.
It was argued by some yesterday, with some considerable weight, that
we should do everything in our power to incorporate into the Constitu-
tion all possible measures that will conciliate those opposed to us.
No one would go farther in conciliating others than 1 would. But
those whom we desire to conciliate consist of three different classes, and
we should be careful, therefore, what we do to conciliate.
In the first place there is an element which is opposed to us, no mat-
ter what we do will never be conciliate!. It is not that they are op-
posed so much to the Constitution we may frame, but they are opposed
to us sitting in Convention. Their objection is of such a fundamental
and radical nature, that any attempt to frame a Constitution to please
them would be utterly abortive.
In the next place, there are those who are doubtful, and gentlemen
here say if we frame a Constitution to suit these parties they will come
over with us. They are only waiting, and I will say these parties do
not particularly care what kind of a Constitution you frame,, they only
want to see whether it is going to be successful, and if it is, they will
come any way.
Then there is a third class who honestly question our capacity to frame
a Constitution. I respect that class, and believe if we do justice to them,
toe PROCEEDINGS OF THE
laying our corner-stone on the sure foundation of republican government
and liberal principles, the intelligence of that class will be conciliated^
and they are worthy of conciliation.
Before I proceed to discuss the question, I want to divest it of all
false issues, of the imaginary consequences that some gentlemen have
illogically thought will result from the adoptidn of this section with the
word compulsory. They affirm that it compels the attendance of both
white and colored children in the same schools. There is nothing of the
kind in the section. It means nothing of the kind, and no such construc-
tion can be legitimately placed upon it. It simply says all the children
shall be educated ; but how is left with the parents to decide. It is left
to Hhe parent to say whether the child shall be sent to a public or private
school. The eleventh section has been referred to as bearing upon this
section. I will ask attention to this fact. The eleventh section does not
say, nor does the report in any part say there shall not be separate
schools. There can be separate schools for white and colored. It is
simply left so that if any colored child wishes to go to a white school, it
shall have the privilege to do so. I have no doubt, in most localities,
colored people would prefer separate schools, particularly until some of
the present prejudice against their race is removed.
We have not provided that there shall be separate schools ; but I do
not consider these issues as properly belonging to the question. I shall,
therefore, confine myself to the more important matter connected with
this subject.
My friend yesterday referred to Prussia and Massachusetts as exam-
ples that we should imitate, and I was much surprised to hear some of
the members who have spoken, ridicule that argument. It was equiva-
lent to saying we do not want the teachings of history, or the examples
of any of those countries foremost in civilization.
It was said that the condition of affairs in Prussia and Massachusetts
was entirely different. But they are highly civilized countries, with liber-
ty-loving, industrious citizens, and the highest social order exists there.
I want South Carolina to imitate those countries, which require the com-
pulsory attendance of all children of certain ages for fixed periods, at
some school. If you deem a certain end worthy of being attained, it
must be accompanied by precisely the same means those countries have
attained it.
Prussia, in her late victories over Austria, reaped the fruits of the
superiority of her school system and the intelligence of her people, and
in every conflict with the powers of darkness and error we should imi-
tate just such a country as Prussia. To ignore the example of a country
because far from us, would be to ignore all philosophy and history.
CONSTITUTIONAL CONVENTION. ?«.?
It was also remarked that there was no other State that compelled the
attendance of their children at schools. Arkansas does it in her Consti-
tution, and notwithstanding assertions to the contrary, I would say that
Massachusetts does it in her statutes.
Another argument was that this matter had better be left to the Legis-
lature. I have been charged with appeaUu:^ to the prejudices and feel-
ings of the colored delegates to this Oonveation. It is true to a certain
extent. I do direct their attention to matters concerning their peculiar
interests, but if it is meant to charge me with appealing to their passions
as against the white people, I respectfally deuy the charge, and stamp
the assertion as gratuitous. But I do desire we shall use the opportu-
nities we now have to our best advantage, as we may not ever have a
more propitious time. We know when the old aristocraay and ruling
power of this State get into power, as they undoubtedly will, because
intelligence and wealth will win in the, long run, they will never pass
such a law as this. Why? Because their power is built on and sus-
tained by ignorance. They will take precious good cai-e that the colored
people shall never be enlightened.
Again, it has been argued that it was anti-republican, and an infringe-
ment of individual rights to pass such a law. Men living in a savage,
uncivilized state are perfectly free, and should be untrammeled. But
the first thing, when a man goes into society, is to concede certain indi-
vidual rights necessary for the protection and preservation of society.
If you deny this great principle, there can be no law, for every law yuu
propose is an infringement of my individual right. If you tax me for
the education of the poor people of the State, I simply say that it shall
not be exclusively for the rich to build up their power, but that it is for
all the people, the poor as well as the rich.
I hope every gentleman will see that the argument against it is anti-
republican and utterly groundless. Some may think that we go too far,
and take away too many individual rights. I maintain that in this in-
stance it is only for the benefit of the State, as well as for the benefit of
society.
The question is, will you pay the poll tax to educate your children in
schools, or support them in penitentiaries ? No intelligent person will
prefer to support them as criminals.
Some ask how it is to be enforced, and say it is impossible. I will
simply saj^ what has been done elsewhere can be done here. Our Legis-
lature will at first, of course, make the penalties very light, will consider
all the circumstances by which we are surrounded, and will not make
the law onerous. Every law should be considered in a two-fold aspect
90
708 PROCEEDINGS OF THE
— in its moral eflfeot and its penalties. The moral power of a law aI;iiost
always compels obedience. Ninety-nine out of one hundred men who
may be indifferent to their children, when they know there is a law com-
pelling them to send their children to school, will make sacrifices in or-
der not to violate that law.
I have had several year.s experience as a teaohnr, and 1 know exactly
its effects. I can best satisfy the house by simply descriliing one out of
the one hundred cases that have come under my own observation.
In my school I have the highest class of boys wlio were kept under
my own special care and tuition. Among these boys was one highly
gifted, universally loved, and talented. He was not only superior in re-
gard to intellectual qualities, but also in regard to moral qualities. He
was a noble boy, truly loveable and talented. I had watched the devel-
opment of that boy's mind, and took the highest pleasure in assisting
that development. I spent much time in assisting the develop-
ment of that boy's mind, and watched his career with much interest and
jealousy. At the commencement of our last ses>ion, lie came to me
with tears in his eyes, and bid me good bye. I asked him, " are you
really going to leave school ? ' " Yes," he answered, "I must go ; my
parents are going to take me away." " Tell them," I said, " that I will con-
sult with them." The mother, with tears, said she did not want the child
to leave, but the father insisted upon it. I talked with him, but with no
effect. He was a low, degraded, besotted drunkard. I endeavored by
every argument in my power, by praising his boy as he deserved, and
by offering to adopt him and take him North to one of the best institu-
tions in the country, to effect my object in giving that boy a thorough
education. What do you think was the reply ? " No," he said, " I can-
not spare him. In the morning he chops the wood, gets the water, and
I want him to run on errands." Those errands, I learned, were running
to the corner to buy beer and brandy for his father. If by a law of the
State we could have taken that boy from his drunken father, and edu-
cated him, he would have been an ornament to us and an honor to the
State. As I meet him in the street now, he slinks away fr^cn me to go,
perhaps, to the corner to get liquor for his father. He told me from the
time his father takes a glass in the morning till night he is never sober,
and he wished his father was dead.
I am anxious to reconcile all differences on this question, and I move
a reconsideration of the previous question, in order to offer an amend-
ment, to the following effect :
Provided, That no law to that effect shall be passed until a system of
public scliools has been thoroughly and completely organized, and facili-
CONSTITUTIONAL COXVEXTiON. W9
ties afforded to all ike inhabitants of the State for the free education of
their children.
The motion to reconsider was agreed to, and the question being taken
on the adoption of this amendment, it was agreed to, and the fourth
section passed to its third reading.
Section fifih, providing for the levying of a poll tax, wa? taken up and
read, as follows:
Section 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, whioh
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 taxa()le polls in rhe State an annual tax of
one dollar on each pjU, the proceeds of which tax shall be applied solely
to educational puipo'^es. Ko 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 age of five and twenty-one years. No religious
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
public schools.
Mr. A. J. RANSIER. I move to amend by striking out all after the
word "purposes" down to and including the word '"section." My
reasons for that amendment are that there is a provision in the report of
the Committee on Finance and Ttixation, which regulates this question.
Mr. B. 0. DUNCAN. I have an amendment to propose for a portion
of that section, which makes a material change, and which I think is
much to be preferred. It will come in from the beginning and goes
down to the word section. It is as follows: "The General Assembly
may appropriate for public school purposes as much as, but not exceed-
ing, one-fourth of the entire revenue ot the State, and may at its discre-
tion levy a poll tax of not exceeding one dollar on every able-bodied
voter between the ages of twenty-one and fifty years old solely for pub-
lic school purposes. No other poll or capitation tax shall be levied by
the State." It will be seen that this makes a material difference. In-
stead of levying a tax simply for public school purposes it allows a gene-
ral tax by which more can be procured without taking it directly out of
the pockets of the tax payers.
Mr. B. F. WHITTEMOEE offered the following amendment to Mr.
DUNCAN'S amendment : Strike out the word "may" and insert the
word "shall," and strike out " at its discretion."
<itO PROCJ^IEDIKGS OF THE
Mr. J. S. CEAIG asked and obtained leave to have his name recorded
as voting against section fourth.
The CHAIE stated the first question to be on the amendment of the
gentleman from Charleston (Mr. EANSIEE).
Mr. J. L. NEAGI.E. I would state that that portion of the section,
when under consideration of the Committee, was inserted there with the
intention to meet cases not met in any otlier portion of the Constitution.
As it is in another portion, however, the Committee on Consolidation and
Eeview can stTike out whatever belongs to, or is met in, another portion.
The CHAIE stated that the Committee on Consolidation and Eeview
have no other power than that of arrangement, and could not strike out
anything adopted by the house. They could only arrange the Articlevsin
their order.
Mr. N. G. PAEKEE. I wish to oflFer an amendment, to strike out
from the period in the fourth line to and including the word " State,"
and to insert in lieu thereof the words " they may also assess." I would
state that the Committee on Finance omitted the word " shall " after
mature deliberation ; and after hearing the views of gentlemen from all
sections of the State with reference to taxation upon the polls, in the pe-
culiarly unfortunate condition which now exists, the general impres-
sion is not that there shall not be a poll tax, but that it be left with the
Legislature, when it assembles, to make such a provision as in its judg-
ment it may see fit. Should it be too severe the first year, it may be im-
posed the second year. I insist upon it that the property of the State
ought to pay the taxes of the State, and not that class of people who do
not own one acre of ground.
Mr. H. E. HAYNE. Is it possible that there is a man in South Caro-
lina so poor that he cannot pay one dollar for the education of his
children ?
Mr. N. G. PAEKEE. I answer the question, yes. Hence, while I
do not object to the assessment of a poll tax by the next Legislature, I
do say unhesitatingly that it would be an imposition to require the pay-
ment of a poll tax, even though it is to enure to the benefit of the colored
people in the education of their children. They have no property. I
say let property pay the taxes and start the machine ; then, if the people
are able to pay the tax, put it on. I don't believe in tying them down
now.
Mr. J. L. NEAGLE. 1 am opposed to the gentleman's amendment,
" may." If we leave this matter to the Legislature, we may destroy one
of the great resources of the State for carrying out the plan of educa-
tion which is proposed. The Committee on Education framed their re-
CONSTITUTIONAL CONVENTION -J II
port with the expectation and desire of establishing a system of free
schools at as early a day as possible, and the only chance we saw for
raising a revenue was by means of a capita,lion tax, whicli ought to give
us at least $150,000 to start on. The gentleman speaks of the State
being in an impoverished condition. I acknowledge it ; but if ifhe is so
poor that the people cannot pay a capitation tax of one dollar, the prop-
erty holders of the State will certainly be unable to pay the vast amount
of taxation that will be required of them, and what is to become of us ?
The schools cannot Dossibly be established. The property holders are
few in number, and their property is not remunerative. They are likely
to remain poor, especially if burdened by an excessive taxation imposed
for the support of the public schools. 1 hope, therefore, the capitation
tax will be enforced, and this section be passed as it stands.
Mr. W. J. McKINLAY. It seems to me that it is important to this
section that the amendment offered by ihe gentleman from Barnwell
should prevail.
It says here, " there shall be assessed on all taxable polls an annual
tax on each pull," but it does not take into consideration the grants or
gifts that may be made for educational purposes, which would greatly
relieve the people from taxation for these purposes. It is inade obliga-
tory to assess the tax, although an amount may be raised more than
sufficient for the educational plan.
Mr. F. L. CAEDOZO. The gentleman's fear that too, much money
will be raised, will never be realized. Again, the gentleman from Barn-
well need have no fear that the colored people are not able to pay this
tax. For his benefit, and that of other gentlemen here from Massachu-
setts, I will state that there are many children of slave parents before the
war, who paid two dollars a month. They now pay in my school from
three to five dollars a year. We need not, therefore, be alarmed about
their ability to pay.
Mr. E. B. ELLIOTT. What is the penalty to be attached to non-
payment ?
Mr. F. L. CAEDOZO. We did not provide for that, because we knew
it would never occur.
Mr. F. J. MOSES, Jr. I would like to ask the gentleman how it is
proposed to enforce the collection of the poll tax.
Mr. F. L. CAEDOZO. There will be no need of compulsion. Every
body will be glad to pay.
Mr. E. B. ELLIOTT. It is not often that I rise to take part in debate,
but if there is any thing in the Constitution of vital importance to the
people, and in which lam deeply interested, it is that which provides for
tit* PKOOEEDIXG.S Oi!' TEE
tl'.e education of tlie people. Wiiile favoring every measure tliat wifi
contribute to this end, I cannot support this section in its present shape-
Had it bfeen stated more definitely, the case might have been different-
While w^ may secure the ,e(iueation of our children by adopting the
clause as it stands, we run the risk of depriving many of the parents of
the rightff suffrage. Wherever a poll tax has been levied in any State
of the Union, the penalty attached to its non payment is always the
deprivation of the right to vote.
Mr. H. E. HAYNE. Does not the State provide means for the collec-
tion of taxes due? Is not the Sheriff empovyored to issue writs against
persons for the non-payment of their taxes ?
Mr. E. B. ELLIOTT. If^that should be done. South Carolina would
be the first State in the Union in which an execution upon property has
been levied for the non-payment of a poll tax. Tlie penalty has been a
deprivation of tlie right to vote. If an educational tax is to be levied,
it should be distinctly laid down that the non- payment of that tax should
not deprive the parent of this privilege.
Mr. F. L. CARDOZO. Do we say in this rt port that it shall prevent
the right to vote"?
l\Ir. R. B. ELLIOTT. That is what I am driving at. You have not
made it here.
Mr. F. L. OARDOZO. As we expect the services of the eloquent gen-
tleman from Edgefield in the Legislature, we hope he will make this mat-
ter all right there.'
Mr. R. B. ELLIOTT. Whether on this floor or in the Legislature, I
contend that this subject should be resuh ted so that no doubt can attach
to it. If left to the General Ast^emb'y, that body may in the future pass
the same law which exists in other Stages, and there may be men in it
too glad to deprive the poor of the freeman's riarht, because of his ina-
bility to pay this capitation tax. If tliis section be amended so that no
man shall ever be deprived of his right to vote, I will sustain it heart
and soul. Like tlie gentleman from Chaileston (Mr. CARDOZO), I be-
lieve the citizens of the Slate will be willing to pay this poll tax, although
I doubt the alii ty of a great pioportioti to do so. I know many in the
upper portion of the State who are unable to pay twenty- five cents.
They do not own one foot of land. They have labored, it is true, but
have been robbed of the fruit of their industry.
Mr. F. L. CARDOZO. There is no need of the gentleman making
such a splendid speech. I will accept his amendment with pleasure.
Mr. R. B. ELLIOTT. Then I move as an amendment the following:
<X)KST1TUTIUNAL CONTENTION. ^13
'^* Provided, T-hat no person shall ever be deprived of the right of suf-
frage for the non-payment of said tax."
Mr. J. PONALDSON called tor the previous question, but the caH
was not sustained.
Mr. H. E. HAYNE. I hope the amendment of the gentleman from
Edgefield will not prevail. There is no man ia this State so poor as to
be unable to pay one dollar for the education of his chiltli-en ; I therefore
move its indefinite postponemeat.
Mr. L. S. LANGLEY. I would like t ask what penalty is proposed
to be inflicted •'
Mr. F. L. CARDOZG. The gentleman from EfTgefield merely pro-
poses to deprive the Legislature of the power of takiug away the right
to vote ; but there are a thousand other penalties which ma^- be inflicted,
as for instance working upon the public roads. We do not know what
may be the complexion of the LegifJature, and as a safeguaid agaiusfc
the action of a certain element, we propo.^e to incorporate this prohibit-
ing clause.
Mr. B. F. EANDOLPH. I regret that the amendment has been
-oflered, fur I am opposed to it In all of the Stati s great difiiculty ex-
ists in the collection of poll t^i.x, and as a penalty the right of suffrage
is suspended. Now it may be difficult to get men to work on the public
roads, and to my mind a man w<juld much rather pay his poll tax than
do so. There certainly is a necessity of some law u liicli will force men
to the payment of this tax. AVe cannot compel men to work upon the
public roads. There ia no wny of reai hing thecu.
Mr. J. S. CRAIur. What class of men cannot be compelled to work
upon the roads ?
Mr. B. F. RANDOLPH. If the gentleman will go to the Milk
House, or the Charleston Hotel, he will find scores of this description.
I appeal to the gentleman from Edgefield, why is it that other States,
after long experience, have been compelltd to enact these laws ? It is
because they have been taught that the most efficacious mode of col-
lecting the poll tax has been to deprive the voter of his right of suffrage
as a penalty for non-pajment. That aigument the gentleman from
Edgefield cannot refute. In this State there are thousands of persons
who own no property who will take advantage of the Sheriff, and whom
there is no possible means of reaching but to squeeze the tax out of
them. A man does not like to have it said, he cant vote, because he has
not paid his dollar. This law has been found to induce people to pay
this tax when nothing else would.
Mr. R. B. ELLIOTT. I move that the motion to indefinitely post-
pone be laid on the table.
tI4 PROCEEDINGS OF THE
Pending this motion, the hour arrived for the consideration of the
Special Order, beinj^ the report from the Committee on Petitions, rela-
ting to a petition fnr donating lands by the United States on sales for
lion payment of direct taxes, as may remain at the disposal of the gov-
ernment.
Mr. F. L. OARDOZO moved ^ postponement of the Special Order un-
til five o'clock this afternoon.
The PRESIDENT presented the petition of A. G. Baskin, of Colum-
bia, praying the Convention to recommend the removal of his political
disabilities.
The petition was referred to the Committee on Petitions.
Mr. C. P. LESLIE asked leave to offer the following in connection
with the petition offered by Mr. F. L. CARDOZO, and obtained permis
sion of the house to read it. It reads as follows :
Your petitioners further represent, that in their opinion said law was
enacted for the purpose of collecting taxes to enable the Government to
sustain itself, etc., and not in any manner to confiscate land or operate
as an Act of confiscation. And, whereas, by the terms of t^aid Act the
space of — years was allotted to the owner to reclaim said land, after
the same had been seized and sold, on paying to the United States said
taxes, costs and expenses ; and, whereas, by the operations of war, it is
well known that many Union people were driven from their homes, and
compelled by the Confederate forces to come within the Confederate
linos, and were afterwards wholly unable to return to reclaim their lands
and homes, within the time allowed by the law itself; and, whereas, it
is the opinion of your petitioners, that from the peculiar circumstances
under which the owners of the land were placed by the operations of
the war, that the provision allowing — years to reclaim said land was
whollj' inoperative, and did not afford the privilege to reclaim designed
by the framers of said law.
And your petitioners further represent, that it is their opinion that the
time to recla.m said land should be extended for the space of six months,
to every person or party in interest who can show, or prove to the satis-
faction of the authorities in charge, that they were unable by the opera-
tions of the war to reclaim the land within the time allotted by law, and
on paying said taxes, proper costs and charges. In case any land shall
remain unclaimed after the space of six months, may be sold at a rea-
sonable price and on reasonable time, and in such quantities as will suit
purchasers.
And your petioners will ever pray, etc.
THOMAS JONES.
ROBERT NOAKES.
Mr. C. P. LESLIE. I desire to say that this matter is of such ex-
treme importance as to require, in my judgment, immediate action. I
desire also to say that I have received no instructions from any proper
CONSriTUTIONAL CONVENTTION. 71,^
authorities in the matter, but I have presented this petition as I have a
right to do, and because I think it a sensible thin;j^ to do. This petition
is signed by various parties interested in the subject matter, but I will
Hot detain the Convention by reading their names.
Mr. F. L. CARDOZO. I more the petition bo referred to the Com-
raittee on Petitions, to report Siturdiy morning.
Mr. L. S. LA.NGLEY moved thit the petition be laid on the table,
which was agreed to.
Mr. J. J. WRIGHT submitted the following resolution, which was
adopted :
Resolved, That it be referred to a Speiial Committee of five to report
an ordinance appropriating the Citadel, and the grounds connected
therewith, in the City of Charleston, to educational purposes. Said
buildings and grounds to be devoted to the establishment of a College,
%vhioh, in connection with priiniry and grammar schools, shall be man-
aged by a Board of Trustees, and their successors, who shall be chosen
by the General Assembly, and shall be subject to visitation by the Su-
periuteadent of the Board of Public Instruction of tiiis State.
The PRESIDENT, in accordance with the above resolution, announced
the following as the Special Committee :
Messrs. J. J. WRIGHT, of Beaufort ; J. M. Jutland, of Fairfield;
J. L. Neagle, of York ; F. L. Cardozo, of Charleston ; D. H. Chamber-
lain, of Berkley.
Mr. F. L. CARDOZO called up the unfinished business, which was
the consideration of the fifth section of the report of the Committee on
Education.
Mr. D. H. CHAMBERLAIN. I move in the eighth line to strike out
the words " respective population between the ages of five and twenty-
one years," and insert the words " the number of scholars attending
the public schools."
Mr. F. L. CARDOZO. As Chairman of the Committee, I accept that
amendment.
Mr. B. BYAS. I have most always been in favor of the passage of
the reports as they come from the Committee. These reports have been
deliberately considered in the Committee room, and, therefore, come to us
with that great argument in favor of every section in them. Occasion-
ally, however, something important may have escaped the notice of the
Committee and be detected by this body. In this section I am in favor
of striking out the word " shall," and substituting the word "may."
If the word shall is left there, it gives the Legislature too much power
over those who do not pay their poll tax. Now it may be that in some
91
yilf PKOCTEEPIN'GS OF TH^
of the Ttp country districta, accordin.>: to my friend from Marion (Mr. H.
E. H-\YNE), that the people can afford to paj ten dollars tax, but iii
luy di*tricty as has l)een said i>f another district, by the gentleman from*
EdgejBeld, many have not got twenty-five cents, let alone paying a school
tax of one dollar. I know if they had it, they would certainly clieer-
fully pay the money. Should there, however, be a failure of the crops,
which is not at all impossible, then my constituents V70uld be in a de-
plorable condition. It would scarcely be right then to deprive them of
the riglit to v.>te because they are unable to pay their poll ta.x. You
might thus keep three-fourths of the legitimate voters of the State
awiiy from the polls. I liope, therefore, the amendments will be adopted.
Mr. R. J. DONALDSON. I regret that we are wasting so much
time over this niatter. The gentleman from Edgefield has referred to-
the poverty of his district. I say unqualifiedly that there is not a maa
in njy district but who is able to- pay ten dollars, if necessary, for edu-
cational purposes.
Mr. R. B. ELLIOTT. Have you got a poor house in your district i'
Mr. R. J. DONALDSON. No, sir ; we do not need one ; men not
able to pay one dollar a year for educational purposes should not be en-
titled to vote, and they are no honor, nor of any use in any community.
I do nwt believe we could get fi!ty oent-i by adopting the suggestion of
compelling nieu to work out the poll tax on the public roads. I am iis
favor of the Legislature iubistiBg upon a poll tax
Mr. B. F. R INDOLPH. As a general rule, are the freedmen in the
Tflp country botte? off than those on the sea coast '?
Mr. R. J. DONALDSON. In the uppn* districts they are more driv-
ing, more moral and religious, better workmen, and when they get a
few dollars they do not go to a miser ible rum shop and spend it all.
But, in fact, the property holders will be the parties who will be the
chief support of the educational interests of our Stite. If the Educa-
tional Cumniittee had recommended fi?e dollars, I would not have con-
sidered it too much ; and when they put it down to one dollar, they fi.xed
it at its lowest limit.
Mr. W. E. JOHNSTON. If yju wore in a position to know the mis-
erable condition ot some portions of the people of Sjuth Carolina, you
would take back that word. On the 5th of January, when the State
taxes became due they were not able to pay one cent.
Mr. R. J. DONALDSON. I have had the pleasure of looking over
the returns of the Sheriff for Chesterfield District, and find, as a general
thing, that the colored people paid more taxes in proportion than the pro-
perty holders. I was shown receipts of freedmen who paid over eight
anfl ten d>ll irs, whereas white men owning hundreds of acres only paid
•eiixht dollars. I think it is a mistaken idea about freedtnen being: una-
ble to pay their taxes. They have tiaie, muscte, strength and intelli-
•^ence. Sj far from bein,^ i.i a deplorable state, tkey are the only
independent people in oar State.
Mr. R. B. ELLIOTT. I assert, that it is not only the freedmen who
are too poor to pay their taxes out many of the gentleman's own race.
Mf. R I. DON.ILDSONT. I admit that ; but I soy men who are not
able to pay one dollar for educational purposes, are of no manner of use
to any community. Men who are not able to bear the burdens of society
are not entitled to the privileg>^s of that society.
Mr. B. BYAS. Do 3'ou think if j'ou had told your constituents that,
you would have been in this Convention?
Mr. R. J. DONALDSON. I told my constituents I would vote for the
education of all the people an I equality before the law. I went further,
and fold them- that any man who was uneducated could be a good repub-
lican. I am opposed to the amendment offered by the gentleman from
Edgefield, but heartily in favor of the section as reported by the Com-
mittee on Education.
Mr. A. J. RANSIER. I have but one word to say. I propose to
strike out after the word "purposes," in the fifth line in this section,
and ending with the word "section" in the seventh line. I offered that
becau-se the second section of the report of the Committee on Finance
and Taxation already adopted, provided that the Legislature may pro-
vide for annual levy of a tax, not exceeding one dollar on each poll, to
be applied to school purposes and a public school fund. That I thought
embodied the idea of the Committee on Education, as pro^xtsed in this
section. I am in favor of the amendment of the gentleman from Edge-
field. I believe that the people of the State should bear equally as far
as possible the burthen of expenses of the State. And I see no better
way by which the masses can share in bearing those expenses than by
levying a poll tax. I claim this is no class measure. The friends of this
measure advocate it upon the broad ground of the greatest good to the
greatest number. Believing that the majority of the people of the State
will share in the advantages to be derived from this measure, it is but
reasonable that they should share equally in the expense. But I am not
disposed to allow the people of tliis State to deprive any individual who
may find it impossible to pay his poll tax of the right to vote. I believe
there are various modes by which some penalty may be inflicted and the
poll tax collected. It is not to be denied that there is a disposition
among a certain class to take away the franchise of a majority of the
•ffg, Pl<?aCEEDIKGS OF THE
people of this State. I have no desire to gratify that class. I hope^
therefore, the amendment of the gentleman from Edgefield will prevail,
and that we will leave it to the Legislature to determine the manner in
which the poll tax shall he collected.
Mr. E. J. DONALDSON. Suppose those men who do not pay are put
to work upon the public roads, how much money think you will go into>
the school fund ?
Mr. C. P. LESLIE. The delinquents can be sent catching opossumSj
the skins of which can be sold to pay the poll tax.
' Mr. E. B. ELLIOTT. I would like to ask whether any money will gO'
into the school fund by disfranchising voters ?
Mr. E. J. DONALDSON. If that punishment is imposed, not a single
individuil would be disfranchised, for every man would pay his poll tax.
Mr. A. J. EANSIEE. I tliink those members who de^-ire to defeat
this measure, if they truly represent the people of this State, will leave
it to the Legis^lature to determine the ways and means by which the
people will be compelled to pay their obligations to the State.
Mr. J. S. CEAIG. Does not the amendment propose to cut off from
the Legislature the only means V)y which they may compel the colleetioB
of the debt.
Mr. A. J. EANSIEE. The amendment .simply proposes to deprive
the Legislature or any power in the State, of the right to take away
from any delinquent tax payer the privilege of voting.
Mr. B. F. WHITTEMOEE. I only desire to say a very few words
upon this subject. The Educational Cen.njittee have provided in this
section the means by which schools shall be sustained, namely: by
levying a poll tax lor the erection of school houses and for the payment
of teachers. According to the declaration of the Chairman of the
Committee, it is supposed this measure would reach one hundred and
fifty thousand dollars for \}ie support of schools in the State ; that is to
say, there are one hundred and fifty thousand persons from whom a poll
tax of one dollar a head can be collected. This proviso, which is offered
in the nature of an amendment, declaring that no person shall be de-
prived of the right of sufirage for the non-payment of their poll tax,
affords an opportunity for those who have no property upon which the
Sheriff can levy, to say that they are unable to pay their taxes. Sup-
pose one-third takes the advantage of that proviso. It would cut down
the sum to one hundred thousand dollars. We have then no definite
school fund established, and yet we say in the same report that children
shall be compelled to go to school. I would like to know how the edu-
cational system of the State is to be established if we accept a proviso
CONSTITUTIONAL CONVENTIOl^r. -^19
lite this. It appears to me that we would have but a poor opinion of the
•energies of the people of South Carolina, if we could not believe that
they would put forth an extra effort to raise an exti*a dollar to become
electors. One dollar will pay two cents per week for having the advan-
tage of a thorough educational system established in the State. A man
may be sending even twelve children to school for the sum of one
dollar per year, and enjoying himself the right of franchise. Even a
child can go out upon the highway and pick up sufficient substance, sell
it in a very few hours and make u[) the school fund for a family. We
should not keep back the principal resources from which we are to
gain au amount sufficient to regulate and establish our schools. It ap-
pears to me, if men would use less tobacco and drink less whiskey, thiy
would always have money enough to pay their poll tax. It is asking but
very little of the people of the State to pay one dollar for the poll tax to
sustain a system of public schools.
Mr. L. S. LANGLEY. The amendment of the gentleman from Edge-
field proposes to take away from the Legislature a part of its power. It
proposes to prevent it from imposing a penalty for the non-fulfillment of
an organic law of the State. I have, ou fceveral previous occasions, ex-
pressed my opposition to t}ing u[> the hands of the Legislature, or binding
them down to cases that may arise in the future. What will be the ad-
vantage of our incorporating this section into the Constitution of the State —
a section providing lor a poll tax — if we take from the Legislature the
power of prescribiog the penalty. IJow are the laws to be executed if
the Legislature have not the power of affixing the penalty for non-com-
pliance with the laws ? There is nothing of more importance than that
the Legislature should h ive the power to enf jrce the collection of taxes.
How many men do you suppose there are in this State who are now dis-
franchised, who would reluse to put their hands into their pockets,
though poor men, and pay one dollar or one hundred dollars if they
thought by so doing they would have the right of franchise restored to
them. I claim for the I'reedman that he has some feeling of pride left,
notwithstanding the iron heel of oppression has degraded him. I believe
when you say a man need not pay any taxes into the treasury of the
State, you make him feel degraded. Take away from the Legislature
the power of imposing a penalty, whereby every freedman in the State
will be compelled to pay taxes, and you will take from that body the
power of saying there should be any poll tax at all collected. Who are
they that would refuse to pay one dollar per year for the education of
their children ? They are the men, be they black or white, who will sell
their votes for less than one dollar to the republicans or to the demo-
f*?(» PKOCEEBINGS OF TEE'
crats, or to any set of men who will piy the most for thena. I thin^ the*
freednien, with the poor wliites of the State, are willing to nvake almost
any pacritk*e wheiel.y tlie eilucation of their cliildren will be secured-
There has, h<»wever, l^eeu sufficient debate- on this subject, and I thtjre-
jore move the previous (jiiestioit.
j\Ir. H. F. HANDOLPII called for the ayes and nays, which were
orde-red.
^[r. H. SMALIjS moved that the call for ayes and nays be indefinitely
postpnned, which was agreed to.
Mr. L. S. LANG LEY now called for ayes and nays, which was pro-
nounced out of order by the Ch lir, on the ground that the House had
ordered it to be dispensed with.
Mr. L S. LVNGrLEY" appealed from the decision of the Chair.
The House unanimously ^•u^tained the decision of the Ciiair.
The questicm was then taken on the amendment of Mr. R. B„
ELLIOTT, and decided in the affirmative.
The liour of one o'clock having arrived, the Convention adjourned to
tkree P. M.
AFTERNOON SESSION.
The Convention re- assembled at 3 P. M., and was called to order by
the PRESIDENT.
The unfinished business being the continuation of the consideration of
the fifth section, it was taken up.
The question was taken on the amendment of Mr. D. H. CHAMBER-
LAIN, to strike out in the third line, the words " their respective pop-
ulation between the ages of five and twenty-one years, and to insert in
lieu thereof the words " the number of pupils attending the public
schools," and decided in the affirmative.
The next question was on the amendment offered by Mr. A. J. RAN'
8IER, and was decided in the negative.
The various amendments offered by Messrs. N. G. PARKER, B. F.
WHITTEMORE and B. 0. DUNCAN, were taken up and decided in
the negative.
The main question was then put on the passage of the section as
amended, to a third reading, and decided in the affirmative.
The section then passed to a third reading.
€ON«TITUTIOXAL CONVENTION. ^5^t
Mr. R. B. ELLIOTT moved a reconsideration of th« vote vrhereby
the section, as amended, was passed tn its third reading, also moved to
lay the motion to reconsider on the table.
The motion to reconsidtr was agicf-d to, but th« motion to lay on the
table was lost.
Mr. E. B. ELLIOTT moved to indefinitely postpone the motion to re-
«onsider.
Mr. J. J. WRIGHT. I hope that motion will not prevail. It was
not my intention to speak to-day, in consequence oi the f-eebleness of my
health and my voice. But when an impoitant measure springs up which
involves the I'uture welfare of tlie State, I feel it to be an indispens^able
duty to exert whatever power I have for an expression of my views in
relation to the subject matter before us.
This question involves the future interests of the people of South.
Carolina. It is for your interest, for my interest and lor the interest of
posterity, that this matter should receive due consideration. It should
be presented fairly and discussed fully by this body, so that we may all
vote in such a manner as will secure the rights and privileges of every-
body. I hope we will have a reconsideration, so that all who desire it
can be heard. Let us forget, for this time, the appeals made that w«
are wasting time and spending money. This question involves vital in-
terests. Let us fight it out in such a way that we will know we have
done our duty to the people of the State and the community in which we
live.
Mr. B. F. EANDODPH. I believe, with all my heart, that there is
an amendment now attached to tlie fifth section of the school report,
which is no more or less than a death stroke to the schools of South
Caiolina. We are dependfnt more upon the poll tax than upon any
other tax. I ask that this question be allowed to come before the house
again, that we may give it further consideration. I hope the house will
vote against po?-tponement.
Mr. F. L. CAEDOZO. I do not particularly desire the indefinite post-
ponement of the motion to reconsider. I agree to a certain extent with
the gentlem&n from Orangeburg (Mr. B. F. EA^;I)OL^H) that these
quesiions should be left to reconsideration, so that the subject may again
be taken up, if at any future time we should have any further light
But I do hope that the motion to reconsider now, after several hours
discussion, after all the light has been thrown upon the matter, will not
prevail. It would be useless and a simple rehash of the arguments we
had this morning. If between this and the next week anything new
and important on this subject can be given then lot us reconsider.
923' PROCEEDIlSrGS OE' THE"
Mr. R. B. ELLIOTT. I rise to wltlilraw the motion for an itideSaite
postponement, and move that the motion to rersonsider be postptmed for
six days.
Mr. J. K. JILLSON. I am strongly opposed to any motion for a post-
ponement of the reconsideration of this question. I believe the actioE
on this question, if made final, will be to our detriment. I liope, there-
fore, the members will vote against postponement, and let the issue be
frankly and squarely made.
Mr. L. S. LANGLEY. When I see what I consider a desire to taker
undue advantage of members of the Convention by moving the post-
ponement of a very important motion, I cannot refrain from raising my
voice against it. Why did the gentleman from Edgefield move to post-
pone the motion to reconsider? Is he afraid that justice will be the
loser? Is he afraid that something which took place in the hasty action
of the Convention this morning will he brought to light, and that it will
be found that some of the members of the Convention did not under-
stand the question at the time of voting. Truth never loses anything
by continual consideration, and must in the end prevail. I hope the
motion to postpone will be voted down, and if any new light can be
thrown upon the subject, we will receive it.
The question was then taken on the motion to postpone the motion to
reconsider, and decided in the negative.
Section five was again taken up for reconsideration.
Mr. J. J. WRIGHT. I have but a few words to say in relation to this
matter. The perpetuation of all good governments depends upon the
intelligence of the people.
The hour for a Special Order in relation to the appointment of a Board
of Land Commissioners having arrived, on motion of Mr. E. W. M.
MACKEY, the Special Order was postponed until 12 o'clock, Saturday.
On motion of Mr. R. C. DeLARGE, the unfinished business was post-
poned to enable the Committee on Franchise and Elections to make their
report.
The report was then read a first time, and ordered to be printed.
It reads as follows :
The Committee on Franchise and Elections have had the subject under
consideration, and beg leave to submit the following report :
EIGHT OF SUFFRAGK.
Section 1. In all elections by the people the electors shall vote by bal-
lot.
■»Sec. 2. Every male citizen of the United States of the age of twenty-
one years and upwards, not laboring under the disabilities named in this
COINSTITUTIONAL COl^fVENTIOj:?. 72§
^TGEstitution, v^^itfeout distinction of race, color, or former condition, who
shall be a resident of this State at the time of the adoption of this Con-
stitution, or who shall th<3reafter reside in this State one year, and in the
•county sixty days next preceding any election, and every male inhabi-
tant of foreign birtlr of the age aforesaid, who shall have resided in this
State one year, and in the county sixt}' days immediately preceding such
elections, and shall have declared his intentions to become a citizen of the
United States conformable to the laws of the United States on the sub-
ject of naturalization, shall be entitled to vote for all officers that are now,
or- hereafter may be elected by the people, and npon all questions sub-
mitted to the electors at any election: Provided^ That every person
coming of age after the year A. D. 1875, to vote, be able to read and
write ; but this qualification shall not apply to any person prevented by
physical disability from complying therewith. Provided^ further. That
no person shall be allowed to vote or hold office who is now, or hereafter
may be, disqualified therefor by the Constitution of the United States,
provided that the General Assembly shall have the power to remove said
disability by a two-thirds vote. Provided., further. That no person while
kept in any almshouse or asylum, or of unsound mind, or confined in
any public prison, shall be allowed to vote or hold office.
Sec. o. It shall be the duty of the General Assembly to provide from
time to time for the registration of all electors.
Sec. 4. For. the pvirpose of voting no person shall be deemed to have
lost his residence by reason of absence while employed in the service of
the United States, nor while engaged upon the waters of this State or
the United States, or of the high seas, nor while temporarily absent
from the State.
Sec 5. No soldier, seaman or marine in the army or navy of the Uni-
ted States shall be deemed a resident of this State in consequence of
having been stationed therein.
Sec. 6. Electors shall, in all cases, except treason, felony or breach of
the peace, be privileged from arrest and civil process during their attend-
ance at elections, and in going to and returning from the same.
Sec. 7. Every person entitled to vote at any election shall be eligible
to any office which now is, or hereafter shall be, elective by the people
in the county where he shall hav^e resided sixty days previous to such
election, except as otherwise provided in this Constitution, or the Con-
stitution and laws of the United States.
Sec. 8. No person convicted of treason, murder, robbery, or dueling,
shall exercise tho right to vote at any election until he be expressly
restored thereto by the act of the Legislature.
Sec 9. Presidential Electors shall be elected by the people.
Sec 10. In all elections held by the people under this Constitution, the
person or persons who shall receive the highest number t:^ votes shall
be declared elected.
E. C. DeLAKGE.
On motion of Mr. E. C. DeLAEGE. the report was made the Special
'Order for eleven o'clock Eriday.
y2
7,24 TROCEEDINGS OF THE
«
Mr. G. P. LESLIE gavo notico that he would oiler a mlnorit}- report
to-niorro\Y.
Mr. J. L. NEA.GLE offered the followliio;, which vras agreed to :
Resolocd, That a Committee of seven be appointed to report an ordi-
nance upon deeds and conveyances made between the 19th of December,
18G0, and the 15th of May, 1SC5.
Mr. C. C. BO WEN moved that leave be granted the Judiciary Com-
mittee to meet during the hours the house is in session, for -tlie purpose
of investigating the case of B. Hagens, referred to them. Granted.
The Convention then resumed the consideration of the fifrh section of
the report of the Committee on Education.
Mr. J. J. WEIGHT. I was about to say, when interrupted, that it
was important to consider this resohition in all its bearings. We are not
to legislate for a day or a week, but to lay a foundation that will be for
the general welfare of the people in all future time ; and, as I was about
to say before, the foundation of all good government is education.
Where there is no education, vice thrives, and the people sink deeper
and deeper in misery. We desire to establish a school system, and to
maintain a school system by a tax upon real and personal property, and
a capitation tax of one dollar upon persons who have no real or personal
properly. AVe are all aware that there is a large number .of persons in
every State who own no real or personal property. These persons, how-
ever, have children to be educated, and we claim that tliej should pay a
tax for the support cf the schools. There are a multitude of young
men who liave ao property, and thoy should be made to paj'' a tax to
contribute to the general good. Wherever persons are protected by a
government, or by the laws of that government, they should contribute
their portion to the maintenance of that government which in its laws
deals to them at all times, and under all circumstances, justice and
mercy. Every male person who has attained the age of twenty-one
years and upwards, I claim is capable of paying at least one dollar for
the support of schools. Let him smoke less segars, or chew less tobacco.
If a person is interes'ed in the people ; if ho desires to see millions
scattered upon the plantations throughout the various States of the
Union ) if he desires to see millions rise up from the dark and turbid
streams of dust in which they are now grovelling, let him contribute his
share to the education of the people of tlie State. It is urged that there
are many persons who cannot pay a capitation tax of one dollar. Pro-
• vision can be made for those persons. V/e are here to mako new laws,
to make tho supremo law of the State. By ail the energies and vitality
within us wo intend tliat this Constitution shall be ralifiod by the people
COXSTITUTIOXAL CONVEXTIOX. 725
of tlie State. la this Constitution we have made it a matter of impos-
sibility for tlie Courts of this State to imprison a man for debt. We
have considered imprisonment for debt to be a reUc of barbarism. We
decided to deprive the Legislature of the power to imprison a man for
debt. We decided that the poor debtor should have the free use of his
limbs in order to support his family, and that he should not be shut up
in a dungeon. There is no way by which the Legislature can compel a
man to pay his capitation tax, and no way to make him work upon the
streets or public roads, unless he has been convicted as a criminal.
What wa}' shall we devise then for the payment of the poll tax? AVe
must instill into the minds and hearts of the people the saeredness of
the ballot-box. The people must be taught that the votes they hold iu
their hands are their only great dofeneo of the rights and privilegoa
which God has granted to man. I lay this down as a proposition, that
a person who has not sufficiently at heart the interest of the State as to
voluntarily pay one dollar for the education of the masses of the people
who have been kept in ignorance, is not fit to vote. If the' people are
aroused to a sense of the importance of the ballot, then you will see
every man coming up and paying his dollar into the treasury. They
will pay it if compelled to labor day and night to procure it. But there
is a class of men in the State who, unless compelled to do so, will never
pay their capitation tax. I believe that if we sa.j no person ^hall be
deprived of the right to vote, these persons will always shirk from the
poll tax. We are dependant upon persons who have accumulated a lit-
tle property, for the support of schools, and shall those persons who have
the same advantages and protection of the law, bo exempt altogether
from contributing to the support of that law, or that government which
gives them those advantages ? If that class of persons who are not
property holders will not go to work and pay one dollar a year into the
State Treasury, for the purpose of educating the children of the State,
then they should not have the right to vote. But there is a class of
persons whom we all know expect to have their disabilities removed,
who expect to vote, and who v/ill pay every dollar of school tax before
they will lose their vote. They consider that vote their greatest weapon.
At the election for the ratification of the Constitution, this matter will
not be presented. Every male person of age can vote upon that instru-
ment. I have the utmost confidence in my people. I have been among
them sufficiently to know that thore is no porson among them but who,
if he has been taught the saeredness of the use of the ballot, if ho has
been taught the duty he owes to himself and his country, will have a
dollar wlion the tinio chines to pay iuto the Ti'uasiiry of the State.
72& FKO'CEEDIISFG& OF THE'
The great cry throughout the State has been, send us teachers, send
■as men, send us women, who will teach wi how to read and write, and
we will pay them for it. The people are hungry and thirsty after
knowledge. They seem- to be inspired with spirit from on high thai;
tells them knowledge is the only source by whieh they can rise from tho
Tow and degraded state in which they have been kept. Put the proviso
in the Constitution that no psrson shall ever be d-eprived of the privilege
to vote for non-payment of poll tax, and I believe we divest ourselves
of a great power to perpetuate the Government of South Carolina.
Mr. C C. BOWEN. It was not my intention to say a word upon this
question. I was in- hopes that it had passed, and was settled. I know
not whether the last speaker's occupation is that of a schoolmaster or
aot. Judging from his remarks, I should suppose he was fearful that
Othello's occupation would bo gone. While I am in favor of a poll tas,.
I am unwilling that the non-payment of it should bo made a penalty,.
and that that penalty should be the taking away of a vote. If expe-
rience proves anything, if speeches prove anything, an efibrt will bo
made in the next Legislature to take away this right, and the very mo-
ment you do it, you lose . the next election. You could not get your
Constitution, if you make that test. Other people of the opposite party-
are prepared to pay the poll tax of those who cannot do it, because they
have not got the money. The opposition now sprung up proves there
will be an attempt to force this thing now. I say put your foot upon it-
Just the moment you oust oif the right to vote of these poor men you
allow the power to go into the hands of the opposite party.
Mr. L. S. LANGLEY. Are there any members in this Convention
who propose to^ take away the ballet from any one ?
Mr. C. C. BOWEN. If the Legislature should say, unless you pay a
dollar you cannot vote, it is just the same as depriving those who have
no dollar of the right to vote.
Mr. B. E. EANDOLPH. Provided the Ijegislaturo passed such a>
law, how many years will it be before that law could go into effect?,
Mr. C. C. BOWEN. If the Legislature pass such a law, it will go
into operation immediately, and it would apply to all elections held after
that. I am in favor of passing the section as amended by the gentle-
man from Edgefield (Mr. ELLIOTT.) If that amendment is struck out^
you strike out the votes of hundreds of people. I hope the section will
pass as amended.
Mr. B. F. Y/HITTEMORE. I desire to say only a few words relative
to this matter. The Committee on Education have made it imperative
that the Legislature shall, as soon as practicable, draft a liberal, uniform-
CONSTITUTION AI^ CONVENTION. 723'
system of public schools. Tliey have, also, iu the fourth section, pro-
vided for the compulsory attendance of all children at school. There ia
probably no man upon this floor who knows better than the Chairman
of the Committee on Education, how much has been done by the sym-
pathisers all over the country towards assisting the people of thia State
and other States of the South, in the establishment of schools for the
cultivation of the mind. They have continued to listen to the appeals
made to them, expecting that whenever the people come together in theiir
sovereign capacity, they would provide for these institutions themselves.
And they said, after we had provided for the instruction, of the people
and the erection of school houses, they would be compelled to take away
their charity from us. We are here to-day, and we should in our legis-
lation, or in our enactments upon this subject, provide so securely for
the establishment of schools for the education of our children that there
need be no apprehension of the future. If we cripple the General
Assembly, if we make a provision like that offered by the gentleman
from Edgefield (Mr. ELLIOTT), whereby any of the people shall shield
themselves, saying they are not equal to the task imposed upon them,
that they cannot pay one dollar a year for the education of their
children, then our condition will bo deplorable indeed. There is no
compulsory process to make a man pay his tax. You cannot take him
upon the highway. We have not only abolished the barbarous law of
imprisonment for debt, but have said there shall be no involuntary ser-
vitude. You cannot compel a man to work out his poll tax upon the
public road.
Mr. E. L. CAEDOZO. Does not the gentleman know that there are
other revenues besides poll taxes.
Mr. B. F. WHITTEMOEE. I am not in favor of decreasing the
amount proposed to be raised for the purpose of establishing schools.
We have to build school houses. The Chairman of the Committee
ought to know it is an expensive piece of work to build school
houses. We cannot legislate for one particular portion of the State.
Their requirements are alike. All desire that their children should
receive the advantages of a school in their neighborhood. Suppose a
poll tax of one dollar raises an annual revenue of one hundred and
twenty-five thousand dollars, and that amount is distributed through
thirty-one districts ; that will be about four thousand dollars in each.
district for the building of school houses, and making provision for the
education of the children in the schools. 1 do not believe any gentleman
here should have the privilege of sitting in the Legislature, who intends
to deprive any man of his right to vote for non-payment of the poll tax.
728 PROCEEDINGS OF THE
It is a declaration unfounded in fact. I do say, however, if there is a
person in South Carolina who has not the ambition to raise one-third of
a cent per day for the purpose of paj'ing a capitation tax for the educa-
tion of his children, if he will not pay eight cents per month for that
purpose, besides enjoying himself the privilege of the elective franchise,
that man is no benefit to the community, and as has been well said, his
vote can be purchased. Let us repeal the amendment already made to
this section. I do not believe the proviso will aid us at all in the great
educational work of the State in which the people will engage. I be-
lieve we should be liberal and generous, and the only way is to look to
the future as well as the present. The people who are to vote upon the
ratification of the Constitution are not to be affected by this poll tax.
They are coming forward to vote upon that instrument without being
trammelled in the least, and I appeal to every father upon the floor,
every man interested in the youth of the State, if it is not our duty,
beyond any peradventure whatever, to provide a law for the education
of our youth in the State, and not cripple the General Assembly, but to
leave it open so that body may make a provision which will enable the
people all over the State to enjoy the same privileges.
The PRESIDENT announced that the hour had arrived for the con-
sideration of tho next special order, which was the report of the Com-
mittee on Petitions, on the petition offered by Mr. F. L. CAEDOZO,
praying Congress for the donation to this State of certain lands in South
Carolina, bought in at public sales by the United States Government,
and on which tho right of redemption had expired.
Mr. Y. J. P. OWENS, of the Committee to Avhom it was referred,
reported favorably.
On motion of Mr. P. C. DeLAEGE, the report was recommitted to
the Committee, with instructions to report by resolution to-morrow at
eleven o'clock.
The Convention then resumed the consideration of tho fifth section of
the report of the Committee on Education.
Mr. P. C. DeLARGE. I trust section five will pass to its third read-
ing as amended, and that the proviso will not be stricken out. The
gentleman from Darlington (Mr. B. F. WHITTEMOPE), has failed to
prove to the sati?faction of the Convention that the proviso should bo
stricken from the section. I believe the majority of delegates here
regard all men entitled to vote, simply because they are men, and I am
opposed to any restri';tion, save the restriction that is required for the
good order and protection of society. While I desire that every man
should pay his poll tax, and that every citlzou should pay his portion
CONSTITUTIONAL CONVENTION. 729
towards the support of the government of the State, I, nevertheless, do
not desire to see a citizen disfranchised and deprived of the rights of
citizenship simply because he is poor. It has also been said by the
gentleman from Darlington (Mr. B. F. WHITTEMORE), that any one
could pay this tax, that they certainly could earn a dollar to pay it, and
if not they should not be allowed to vote. The very same gentleman,
less than nine months ago, was the framer of the platform of a certain
party, one of the main planks of which was universal suffrage, without
any distinction, and if I mistake not, that gantleman owes his seat in the
Convention to the endorsement of the plank he proposes to throw over-
board. In that very platform, which he not only advocated, but was
one of the main builders, and, perhaps, one of the most noisy of all
advocates, there is an express provision which is entirely opposed to any
poll tax in any shape or form.
Mr. B. ¥. WHITTEMOEE rose to a question of privilege, and
requested that the speaker be called to order for making the broad
assertion that the gentleman from Darlington owed his seat upon the
floor to a certain plank in a platform, and that the speaker should state
the number of the plank in that platform. He felt personally aggrieved
by the assertion made by the speaker that he (Mr. B. F, WHITTE-
MOEE) was attempting to overthrow universal suifrage.
The CHAIR de.cided that the language used was not a breach of the
privileges of the House, and on Mr. B. F. WHITTEMORE taking an
appeal, the decision of the Chair was sustained by the House.
Mr. R. C. DeLARGE. If there ever was any system devised by
man that could act as a perfect curse upon his fellows, it would be a
sj'stem of poll tax without limitation. Unless we insert in this Consti-
tution an explicit provision that no man shall be disfranchised for non-
payment of poll tax, in a year's time, we may see a political party in
position who will use it as an instrument against us for partisan purposes,
and to our injury. While I am desirous that every citizen should bear
an equal proportion of the burdens of government, I am not willing to
see a man less fortunate, perhaps, than myself, and not able to pay a
c'ollar poll tax, deprived of the right to say who shall make the laws that
are to govern him. As to the question that has been raised whether this
measure should not come more properly in the report of the Committee
on Franchise and Elections, that I regard as an unimportant considera-
tion. The same men who have opposed the measure here would oppose
it if inserted in any other report. They desire to defeat what they were
sent hero to carry out, and vv'ill work just as hard to do it in any other
part of the Constitution. I hope the section will pass as amended.
730 PROCEEDINGS OF THE
Mr. K. B. ELLIOTT. I do not rise to discuss the merits of the sec-
tion or of the amendment^ but simply to make a few remarks in relation
-to the various statements made by those who have spoken in oppssition
to the measure. One of the gentlemen from Beaufort says, it is our
duty to teach the people of the State the importance of keeping the
ballot box pure. I agree with that gentlemen, that it is of the most
vital imi3ortance that the ballot should be kept pure, and I would ask
him whether he thinks by allowing any future Legislature the privilege
of abridp-ing the right of the citizen to cast his vote, simply because he
could not pay his poll tax, is teaching that citizen the importance of the
purity of the ballot box, or whether it would not be better to give him
the privilege of exercising that right without any hindrance.
It is a well known fact that in Massachusetts and other States, where
citizens are prevented from voting unless able to pay their poll tax, that
the ballot box has been perverted, and many a time true republican men
defeated by that very prohibition. Men who have been unable to pay
their taxes have been drummed up by the opposite parties, their poll
taxes paid for them, and their votes thus secured. If the privilege was
given any Legislature to prohibit a man from casting his vote, simply
because unable to pay one dollar poll tax, I doubt whether in two years
hence a Eepublican Legislature would control the State of South Caro-
lina.
The gentleman from Darlington quotes elaborately, from the declara-
tion of rights. He says this section is in violation of that great instru-
ment, which says there shall be no involuntary servitude, and that a
man compelled to work on the public road, because unable to pay the
tax, would be involuntary servitude. I was surprised to hear a gentle-
tleman so eloquent and so distinguished as the member from Darlington,
make such an assertion.
Mr. J. S. CEAIG. Do you know of any way to compel a man to
work on the roads except by imposing fines upon him ?
Mr. E. B. ELLIOTT. I am not here to point out in what way such
things could be done. We are here to lay down general principles upon
which the Legislature of the State are to act. It will be their duty to
devise the ways and means to do so.
Mr. J. S. CEAIGr. I deny that there is any other way except by im-
posing a fine, and you cannot collect a fine from a man who has not got
money enough to pay a dollar poll tax.
Mr. E. B. ELLIOTT. I would rather lose the fine and the dollar
also, than cause a man to lose his vote. I cannot, for the life of me, see
how the gentleman from Darlington can prove that this section has
CONSTITUTIONAL CONVENTION. 7;>1
anything to do whatever with the question at issue. The question is
simply, whether or not men shall be deprived of that highest gift
that can be given to an American citizen. Deprive a man of his vote
becausa he could not pay a dollar poll tax, and it would do no good. 1
think that a tax is required, but the amount required for the payment
of expenditures for educational purposes in this State could be raised
by other means besides the deprivation of tho right to vote. So much
for the gentleman's opinion in regard to involuntary servitude.
The gentleman from Beaufort (Mr. WRIGHT), in a very eloquent
and fiery speech, appealed to the delegates not to allow this section, as
amended, to pass to its third reading.
Upon what ground has he done so ? Ho gets up, as is his usual wont,
to tell the delegates about trampling upon this right and that right ;
about the horrors it will bring upon the community, and all that ; but I
cannot see the essence of his argument. I fail to see where he has
touched upon the merits of the case at all. Lawyer like, he has been
going all around it. He has been around the entire circumference, but
has never bridged tlio centre. The gentleman from Darlington seemed
like him, but though not a lawyer, like a preacher, has spun out a ser-
mon and made an elaborate f^rgument, without approaching the real
issue of the case. I would like to meet the gentleman squarely. There
are no side i-sues attached to this question. Tiie gentleman from Beau-
fort says truth must prevail. I think the truth in his case will prevail.
I think the delegates will reiterate the same votes they gave this morn-
ing, when this question was decided favorably. I think the vote will be
again that this section, as amended, shall pass to the third reading in
spite of the legal argument of the gentleman from Beaufort, or the able
sermon of the gentleman from Darlington. As I said before, it is use-
less for me to dwell upon the merits of the case. It is plainly to be seen
hero that gentlemen do not now avow their intention of depriving a citi-
zen of tlie privilege of voting. Gentlemen speak confidently of what the
Legislature may be in tho future. I have my fears upon that ques-
tion. It is difficult for me or for any other gentleman to tell whether
or not the Legislature will be filled with Copperheads or Ilepublicans.
We heard a good deal of tho organizations being effected throughout the'
State. We have heard of the labors that are to be put forth during
the campaign for the defeat of the Constitution we are now debating.
I do not believe that the Republican party of South Carolina is imbe-
cile. I believe we can prove ourselves equal to the emergency, but I
would sa}', do not bo so sure of success. ]3o not trust too much to the"
93
732 PROCEEDINGS OF THE
Legislature, but let us act in such a manner that the Legislature will not
be able to deprive any citizen of his rights.
Mr. B. r. RANDOLPH. "When this subject was under consideration
in the morning, I listened carefully to the gentlemen upon the other
side. I listened to the sophistry of the gentleman from Charleston, and
the warlike tones of the gentleman from Edgefield. I listened to the
other gentleman who attempted to prove it would not do for us to fail
to incorporate in this section the amendment of the gentleman from
Edgefield. In ray humble opinion the gentlemen have failed to prove
the logic of that amendment. They have used a great deal of circum-
locution, and I wonder some of the gentlemen did not caution us of an
nttempt to rob the people of their rights. I wonder the gentleman
from Kershaw (Mr. DILL), did not rise up and charge an attempt to
rob the people of their rights. They did not go so far as to tell us we
would lose the election. The gentleman from Charleston was not com-
ing out in plain terms, but there was a probability, they said, that we
would fail in the election. I am no candidate ; I do not know but that
these gentlemen are. Probably they are very anxious in regard to this
matter, looking forward to future offices. I wish, in the first place,
to divest your minds of the idea some of you may entertain. You
probably think or suppose that if a man is disfranchised, or if he once
fails to vote, because he fails to pay his tax, he is forever disfranchised.
That is not the case ; he is disfranchised only as far as he cannot pay
the poll tax.
Mr. F. J. MOSES, Jr. The gentleman makes a broad assertion, that
a person would only be disfranchised for that one election. I ask him
if he can tell what disfranchising act may be passed ?
Mr. B, E. RANDOLPH. By striking out the amendment it leaves
the matter solely with the Legislature.
Mr. E. J. MOSES, Jr. Can you say that the Legislature will net
pass such a law.
Mr. B. E. RANDOLPH. I hope it will. If, in the judgment of the
Legislature, it is necessary in order to collect the poll tax, then that body,
in my humble judgment, will pass such a law at the first session. The
gentleman from Charleston (Mr. BOWEN), says it will cause us to lose
the election, but it will be at least four years before this question can
effect any election. The Senators will be elected under the new Consti-
tution for four years, and the members of the House of Representatives
for two years. The people of the State are improving their condition
every year, and will be able to pny this poll tax. I have no fear that
striking out the proviso will affect any election. We have provided here
CONSTITUTIONAL CONVENTION. 788
for tlie compulsory attendance of scholars at schools. The State of South
Carolina is in great need of school property and school houses. We
want to pay our school teachers, and will be dependent mostly upon the
poll tax. If we fail to collect the poll tax our State will not be able to
establish a school system. By securing the poll tax a sufficient amount
of money will be raised for school purposes. There is but one way of
securing the poll tax, and that is by saying you cannot vote at the elec-
tion follov/ing the failure to pay. Gentlemen have asserted that there
arc various other means by which we could compel the payment of the
poll tax. I challenge them to show any other way. I hope the proviso
will be stricken out, and that it will be left to the Legislature to adopt
sueh measures as it may deem necessary to collect the poll tax. I move
that the proviso appended to the fifth section of the report of the Com.-
mittee on Education be stricken out.
The hour of six having arrived, the Convention adjourned.
F O R T Y - T H I PID D .A. Y.
Thursday, MaaxSa 5, 186§.
The Convention assembled at 10 A. M., and was called to order by
the PEESIDENT.
Prayer was offered by the Eev. T. W. LEWIS.
The roll was called, and a quorum answering to their names, the
PRESIDENT announced the Convention ready to proceed to business.
The Journal of Wednesday was read and approved.
The Convention took up the unfinished business, and resumed the
consideration of the fifth section of the report of the Committee on
Education.
The question recurred on the amendment offered by Mr. B. F. RAN-
DOLPH, to strike out the provision, " that no persons shall be deprived
of the right of suffrage for non-payment of poll tax."
Mr. J. C. NEAGLE called for the previous question, which was sus-
tained.
The question was then taken on the amendment offered by Mr. B. F.
RANDOLPH, and was decided in the negative.
The question then recurred on the passage of the section as amended.
7:U niOCEEDlNGS OF THE
Tho I'KESIDENT iiunouuced that on that question, the Chairniari of
tho Committee ou Eaucatiou (Mr. E. L CARDOZO), would be allowed
lifteeu minutes.
Mr. F. L. OAEDOZO. This subject has been sutriciently discussed
and ou<^ht to bo under.stood. I have observed, however, that some of
the speakers opposed to tho ameudment of the gentleman from Edge-
lield have endeavored to bring in a number of issues which do not
belong to the subject, and have enveloped it in a cloud of mystery. All
I desire to do now is simply to state the proposition. We have provided
two means to sustain a system of public education, namely : a heavy
ttxii upon property, and an additional tax in the nature of a poll tax.
This last was freely discussed in the- committee rooms. Some of the
members of the Committee questioned it, but it was finally adopted.
Your committee did not protend to arrogate to it.self the wisdom of the
Convention, and agreed that it should bo fairly discussed in the House.
I, for one, was willing to receive amendments and suggestions from any
gentleman, and to have the subject considered and reconsidered. When
we provided for the poll tax, I had not at tho time reflected upon the
wisdom of tiie proposition of the gentleman from Edgefield (Mr. EL-
LIOTT), that wo should forever deprive the Legislature of tho power
to take from any person the privilege of voting. Let the poll tax be
forever lost; let the whole report be sunk to the bottom of the ocean
rather than lose a ballot. I believe if we want lo secure the ballot, we
should never allow tlie Legislature to deprive any ono of the privilege
of exercising the right of suu'rago. If it is once lost, it may never be
given again. I now yield the floor to my f:iend from Sumter.
Mr. F. J. LIOSES, Jr. I simply desire to notioo one or two of the
arguments brought up yesterday, and then give my reasons why I
think it is outside of the pov/er of this Convention to take away the
ballot from any man, because he is not able to pay the poll tax.
■ Yesterday the collection of this tax was urged, because it was said tho
charitable societies of the North were about to stop the aid they had
liitherto furnished. That I consider no argument whatever.
I desire to call the attention of the Convention to tho fifth section of
the "Act to provide for the more efficient government of the rebel
States." I desire to ask, gentlemen, if we have any power in the face
of that section to take away the elective franchise from any man, or to
take away the ballot from any man. It is the Constitution of the
United States as far as we are concerned, for if we go outside the
Iteconstruction Act, the probability is our measures will go bj' the board.
An argument brought out by the gentleman from Darlington, was
CONSTITUTIONAL CONVENTION. 735
that as we have adopted in this Constitution a ckiuse that " slavery
shall never be established nor involuntary servitude," we would not be
iible to get any work on the roads out of men in the place of the poll
tax. I refer the gentleman to Article Tenth of the Constitution of 18G5,
which says: "Neither slavery nor involuntary servitude, except as a
punishment for crime, shall ever be re-established in this State." Since
that Constitution has been adopted men have been made to work on the
streets, either because they refused, or were unable to pay, not only their
State but town taxes. We have re-enacted this section almost precisely
in the same language, and if constitutional under that of 1805, it is
certainly constitutional under ours. I take tho ground that the State
has the right to demand service from any man in lieu of paying his taxes..
I believe there is but one cj^r.estion involved in this matter. I believe-
that question to be connected with the success and prosperity of the
[Republican party in this Stale. I believe that narrowing tho issue down
to the point it should be ; but one question, and that is whether the
delegates on this floor are prepared now, or in years to come, to sell out
the Eepublican party of South Carolina ; for I tell j^ou just as certain as
you strike out that proviso, you strike at the freedmen of South Caro-
lina, who are among the poorest of the poor. There will be scarcely a
white man in the State but will be able to raise a dollar from our ene-
mies. You will allow all power to again go into the hands of the aris-
tocratic element. If you are willing to sell out the Republican party,
do it nov/ ; do not wait to go through the coming campaign. On tho
success of the Eepublican party depends your political and civil salva-
tion for years to come. These people will not be able to raise this money^
and the Democratic element will go forward. The freedmen cannot be
bribed to vote against the Eepublican party. I believe they would
rather die first than yield up their vote to tho Democratic party ; but
by depriving them of the riu,ht to vote, you strengthen so much the
hands of your enemies. In giving these views I may be called an
extremist, but I regard it my duty to preserve to my constituents the
privilege granted them by the Constitution of the United States, to pre-
serve the integrity and success of that party to which I belong. If you
strike out this proviso, you may prepare yourselves for a total uprising
of the political elements ; and though you may not lose the first elec-
tion, in four years time the top rail, which had gone under, will be on
top again. How will you feel then, having deprived these men of the
inestimable rights of the ballot for one dollar ? For that pitiful sum,
you propose to take away the elective franchise from the man to whoni
it has just been given by the blood of thousands of loyal men.
736 PROCEEDINCS OF THE
Mr. L. S. LANGLEY. I object to the gentleman charging that the
opposition proposed to take away the right of franchise from the men
who cannot pay the poll tax.
Mr. F. J. MOSFS, Jr. I accuse no man of the opposite side of doing
any such thinp-, but I say such will be . the result of their proposed
action. I heard the gentleman from Orangeburg say he hoped to God
they would do it.
Mr. B. r. EANDOLPH. I did not use those words.
Mr. P. J. MOSES, Jr. Whether he said it or not, the Legislature will
have it in their power to do it. If you are prepared, and can afford to
restrict your party ; if you are prepared to sell out the rights of your
constituents, and the Eepublican party of South Carolina, then strike
oat the proviso. If, oa the ci)ntrary, you come here for the purpose of
perpetuating a Republican form of government in this State, then pass
the section as it stands amended,
Mr. F. L. CARDOZO. I just rise to say that I am very glad the
subject has been so fairly stated, and will yield the balance of my time
to the gentleman from Edgefield.
Mr. E. B. EuLIOTT. I do not rise to make a speech, for I am wil-
ling to leave it to the sense of the House. I believe the majority of
members have heard enough, and if I. may judge from the indications
of their countenances, I believe that the amendment proposed by myself
will be adopted. I hope the amendment offered by the gentleman from
Orangeburg will be buried so deep in the sea of oblivion, that it will
never be resurrected again.
Mr. J. S. CRAIG. I rise to protest against the course of proceedings
taken. The majority have labored very hard to show that it is our pur-
pose to deprive parties of the right of suffrage, and have carried the
previous question, cutting off debate, and not giving us an opportunity
to reply. I consider this unfair and unjust.
Mr. J. S. CRAIG asked to be excused from voting, which was not
granted.
Mr. L. S. LANGLEY obtained permission to explain his vote. Said
he would vote " No ;" not that he was in favor of disfranchising any
man unable to pay his poll tax, but because he was opposed, as he had
always been since he had the honor of sitting in Convention, to tying up
the hands of the Legislature.
Mr. WM. .McICINLAY, of Charleston, also obtained leave to explain
his vote, and said he voted "No." He did so because the colored ele-
ment is largely in the majority in this State, and he thought they could
well afford to leave it to the Legislature to determine the mode or means
of collecting the poll tax.
CONSTITUTIOXAL CONYENTIOX. 737
Mr. JOS. H. RAINEY obtained leave to explain his vote, and said he
was not ia favor of disfranchising any citizen of South Carolina, believ-
ing it to be the prerogative of every one to vote, but he really and con-
scientiously also believed that if a man could not raise one dollar a year
poll tax for the educational fund of the State, they should look upon him
as a pauper that has no right to vote. He would, therefore, vote " No."
Mr. J. M. E.UNION asked leave to explain his vote, which was
granted. He said it had never been his disposition to arrogate to him-
self an}^ unconstitutional right, nor to impose his views or opinions upon
other men. He was utterly opposed to any system that would disfran-
chise any of the citizens of the State, and he heartily concurred in
the section as proposed by the committee. But he would vote " No "
upon the amendment, as he thought that every man who enjoys all the
rights, immunities, and privileges of citizens of South Carolina, ought
to help, in some degree, to support that Grovernment. But ho was per-
fectly willing to leave that matter to the Legislature.
Mr. C. M. WILDER. I want it understood I am not opposed to any
man having the I'ight of sufirage, but after seeing such a liberal pro-
vision made for the free schools of this State, and thinking that the sec-
tion they were about to pass with the amendment or proviso, destroys
every support of those schools, I am compelled to vote " No."
Mr. C. P. LESLIE said, when the section with the proviso came under
consideration yesterday, his first impression was that the purpose of the
section, as amended by the delegate from Edgefield (Mr. ELLIOTT), or
the tendency of it, would be to compel the white people to educate the
colored people. That it was his first impression, and just to that extent
he was opposed to the amendment ; but, on reflection, it was his judg-
ment that it could not operate in that direction to any great extent or
harm.
But another thought struck him, which was, that in a Republicas
form of government, where a man is human, and has a soul, who is
accountable to the laws, and has, or may have, a dollar that he may lose
or gain, that man has an unqualified right to vote, and no earthly or
heavenly power can take that right from him. He asked, therefore, t©
record his vote " Aye."
The ayes and noes on this question, were as follows :
Ayes — The President, Messrs. Alexander, Arnim, Becker, Bell, Bowen,
Bonum, Boozer, Burton, Brockenton, Bryce, Byas, E. J. Cain, Camp,
Cardozo, Coghlan, Chamberlain, Chesnut, Clinton, Cook, Collins, Cor-
ley, Craig, Darrington, Davis, DeLarge, Dickson, Dill, Driffle, Duncan,
Edwards,. Elliott, Gentry, Goss, Gray, Harris, James H. Hayne, Chas.
D. Hayne, Henderson, Humbird, Jacobs, Jervey, J. W. Johnson, W. E.
738 PROCEEDINGS OF THE
Johnston, Henrj' Jones, Chas. Jones, Langr, George Lee, Lomax, Leslie,
E. W. M. Mackey, Major, Mauldin, MeaA, Middleton, Miller, Milford, F.
J. Moses, Jr., Nance, Nelson, Neagle, Newell, Nuckles, Owens, Parker,
Ransier, Elvers, Eobertson, Eose, Eutland, Sanders, Shrewsbury, Stubbs^
Swails, Thomas, S. A. Thompson, Samuel B. Thompson, Yiney, White,
Williamson, Wingo — SI.
Nats — Messrs. Allen, Donaldson, H. E. Hayne, Holmes, Jillson, W.
B. Johnson, Dr. L. B. Johnson, Langley, W. J. Mclviulay, W. McKin-
lav, Nash, Oisen, Eandolph, Eainey, Eunion, B. A. Thompson, Webb,
AVhittemore, F. E. Wooley, Wright, Wilder— 21.
Absent — Messrs, E. H. Cain, Crews, Dogan, Foster, Uimter, Hurley,
Jackson, Jenks, S. Johnson, Joiner, McDaniels, Perry, Pillsbury, Eich-
niond, Sasportas, Smalls, Whipper — 17.
Section five then passed to its third reading.
Mr E. 0. DeLAEGE. I move that the unfinished business be sus-
pended, in order to allow the Committee on Petitions to make a report.
Mr. J. J. WEIGHT. I hope we will finish the report before us, and
(then take up the report of the Committee on Petitions. I trust the
motion to suspend will not prevail.
Mr. F. L. CAEDOZO. I hope the motion to suspend will prevail.
The petition offered by myself was made the special order twice, and
the committee failed to report at the hours fi.Ked upon. It will not take
more than fifteen minutes.
Mr. E. C. DeLAEGE The report of the Committee on Education
will not suffer by boing delayed half an hour. Unless we act speedily
upon^this petition, the object of it will, perhaps, be placed beyond our
reach and that of tliose who desire to act with us.
Mr. C. P LESLIE. The motion, as it now stands, is to suspend the
rules ioi; a certain specific purpose. I have a very brief minority report
of the Committee on Franchise and Flections, and I desire to read it.
If the friends who make this motion will allow me three minutes, I
will favor the motion.
Mr. L. S. LANGLEY. I am not in favor of a suspension of the rules.
We have made good progress with the report of the Committee on
Education, and when we have a subject under consideration, I like to
see it finished. I do not consider the petition for which the gentleman
from Charleston proposes to suspend the rules, so important as to war-
rant the delay of the consideration of the report of the Committee on
Education. '
Mr. D. H. CHAMBEELAIN. I hope this motion to suspend the
rules will prevail. I am not well informed of the objects of the petition,
but it is understood to be a very important question. It concerns the
CONSTITUTIONAL CONVENTION. 789
interests of the State in the subject we are now discussing. I desire to
state further, without expressing an opinion, that it is understood to be
a question between the Port Royal Railroad and the other interest of
the States alluded to. If certain action should be taken upon the peti-
tion, the Port Royal Railroad will not get a certain grant of land, but
the educational and other interests of the State will receive a certain
amount from Congress. But whatever we do must be done speedily.
The question was then taken on the motion to suspend, and decided in
the affirmative.
Mr. W. E. ROSE, Chairman of the Committee on Petitions, presented
the following report :
The Committee on Petitions, to whom was referred a certain paper,
purporting to be a petition of citizens of South Carolina, but without
signature, praying that certain lands held by the Government of the
United States, may be allotted to deserving citizens of said State, res-
pectfully report —
That while your Committee are impressed with the importance and
utility of the measure proposed, they deem it entirely foreign to their
duty to take any action on a document of this character. If in fact this
be a bona fide petition, it should be signed by the petitioners, and en-
dorsed by the delegate presenting it. Your committee, therefore, res-
pectfully ask to bo discharged from the further consideration of the said
document.
Mr. J. L. NEAGLE. I move that the whole matter be referred to the
Committee on Education.
The CHAIR stated that the report of the committee must first be dis-
posed of.
Mr. R. G. HOLMES. I move the adoption of the report of the Com-
mittee.
Mr. F. L. CARDOZO. I hope the report of the committee will not
be adopted. The real question before us is whether a half a million
dollars shall be given for the educational purposes of our State, or shall
go to a heartless railroad corporation. That corporation is making the
most strenuous eflforts to secure this grant, and unless we take speedy
action on that petition they may succeed.
Mr. L. S. LANGLEY. The question of the Port Royal Railroad is
not under consideration. The question is, whether the report of the
Committee on Petitions shall be adopted.
Mr. E. L. CARDOZO. This is an effort to kill the petition. But we
are to consider whether forty thousand acres of land and a half million
of dollars shall be given for the benefit of the poor colored people, and
for educational purposes, or whether we shall permit this heartless rail^
94
HO ritOCKEDIXUS oy THli
road corporation to get before Congress in advance with their petition.
If this' corporation succeeds, they will make the colored people work on
their railroad, and will give them bonds in payment to purchase the
lands. I was told by the Chairman of the Committee on Public Lands
to foil this scheme, and the Assistant Commissioner of the Freedmon's
Bureau heartily favored this pelition. If this petition is passed we will
ttocure a fuad for educational purposes, and deprive the railroad coiiwra-
tion of the opportunity of speculatingin the poor freedman's labor. If Ibis
railroad is worth building, there are plenty of private capitalists to enlist
in its favor.
Mr. J J. WRIGHT. I rise to a question of order. The question be-
fore the House is on the adoption or non-adoption of the report of the
Committee on Petitions. The gentjeman is now discussing the propiiely
<jr impropriety of this Convention taking part for or against the Port
Royal Ko!id.
The CHAIR decided the point of order not well taken.
Mr. F. L. (JARDOZO. If we adopti the report of the committee we
deprive tlie scliocd fund of this State of one hundred thousand dollars,
and prefer that the raikoad should get the money and the land.
Mr. L. is. LANGrLEY. I agree with the gentleman from Charleston,
who has just resumed his seat, on one point ; and that is, when he epeaka
of a lieartless railroad corporation. 1 do not believe any railroad corpo-
ration has a heart.
The reasons advanced by the gentleman from. Charleston why the re-:
jtort of the committee should not be adopted have no foundation wkat-
Bver. Where is this land located that the gentleman fiom ( harlt6to^
is so anxious about ? Is it located in Charleston ?
Mr. R. B. ELLIOTT. We are not now considering the location of any
land.. The question is as to the propriety of adopting the report of the
committee.
Mr. L. S. LxiNGLEY. These lands are said to be siituated in Beau-
i'ort District. I doubt very much whether the gentleman from Charles-
ton ever saw these lands. He does hot know whether they are worth
half a million or not. I claim to know something about the circum-!
stances under which the United States hoid'these lands. Allow me to
say, if the measure of the gentleu;an from Charleston is carried out, it
will benellt no person from CharlQgton District; it will benefit those per-
bons residing in Beaufort District. He has stated that the real issue is
whether the land shall be given to a heartless railroad conpany, or for
educational purposes. I will inform him that Congress has alieady pro-
vided that the proceeds shall go for educational purposes, and ever since,
CONSTITUTIONAL CONYEXTION. 741
tho sale 6f the lands those proceeds have been largely applied for educa-
tional purposes, in erocting school houses and establishing- schools at St.
llelena and St. Luke's.
This petition simply proposes to give these lands to certain persons.
Congress in 18G3 wanted to give them to the freedmen, but, that they
should appreciate them, deemed it wise and best to ask the nominal sum
of one dollar and a half per acre. Two-thirds of the schools of the Par-
ishes of St. Helenarand St. Luke's have been siipported from the pro-
ceeds of the sale of the lands. When the people of Beaufort District,
whose interests are most concerned in this scheme, see these proceeds
given to a heartless railroad company, they will take care of the matter
themselves, without asking assistance from Charleston. The petition
proposes to give the lands to " deserving persons," while tho gentleman
from Charleston asks them for educational purposes. I know that tho
proceeds have been given for educational purpose;*, for I taught school
there, and ana personally aware of the fact that my pay was drawn from
that fund. The people of Beaufort, who are receiviug the benefit of
those schools, appreciate the wisdom of Congress, and do not want a
change.
Mr. F. L. CARDOZO. The gentleman has mis-stated this question.
The facts are these. There are $360,000 in the possession of the United
States Tax Commi««sioner3 of this State, arising fram the past sales of
lands, and there are forty thousand acres remaining unsold. I was adr
vised by the Chairman of the Committee on Public Lands in the Houso
of Hepresentitives, and the Chairman of a sinjilar committee in the Sen-
ate, and by General Scott to draw up this petition.
The PRESIDENT announced that the half hour for which the rules
were suspended had expired.
Mr. R. C. DeLARGE moved a further suspension of the rules until
this question was decided.
Mr. L. S. LANGLEY moved to lay the motion to suspend on tho
table.,
A division of the house was called for, and the motion to suspend the
rules decided in the affirmative. ■'^_
Mr. F. L. CARDOZO. The gentleman is right when he says my pe-
tition refers only to the land unsold. It does so, because General Scott
is going to take of the money for school purposes. I have one object,
and General Scott has the other in view. ; i , ;,.
Mr. R. B. ELLIOTT. I hope the report of the committee will not bft
adopted, but that we take it up and consider it, if not now, let it be madb
the special order for some other time. It is a question which involves
742 PROCEEDINGS OF THE
the interest of the poor of this State, and demands the serious considera-
tion of every member upon this floor. I hope if there are a few who,
from their peculiar connections with the Port Eoyal Eailroad, are willing
to sink this petition into oblivion that the majority will not sacrifice the
feelings of humanity in behalf of any railroad. I move that the motion
for the adoption of the report be indefinitely postponed.
The motion was agreed to.
The PEESIDENT then stated that as the paper had now come inta
the hands of the Chair, as there was no signature or no endorsement, it
would bo returned to the member from whom it emanated.
The petition was returned, and after being signed by Mr. F. L. CAR-
DOZO and Mr. W. B. NASH, on motion, the rules were suspended, the-
document again introduced, and, on motion, referred to the Judiciary
Committee, to report at half-past three P. M.
Mr. C. P. LESLIE then presented the following, which was read, and
a motion made to print, which was not agreed to :
Club House, March 5th, 1868.
As a member of the Committee on Pranchise and Elections, I am com-
pelled by a sense of duty to submit a minority report.
I confess that I agree with the very liberal report of the committee on
every proposition save that contained in the second priviso to the second
section of said report, which reads as follows : "That no person shall be
allowed to vote or hold office who is now, or hereafter may be, disquali-
fied therefor by the Constitution of the United States ; provided that the-
General Assembly shall have power to remove said disability by a two-
thirds vote." This proviso I am opposed to from beginning to the end
thereof. I am in favor of allowing every person who has been disquali-
fied from voting by the reconstruction laws of Congress, or who may
hereafter be disqualified by what is commonly known as the Howard
amendment, to vote and hold office. I assert and maintain that in a
Pepublican form of Government every citizen has the absolute right to
vote, unqualified and unrestricted, unless convicted of crime, &c. If it
be contended that "necessity" justifies disqualification and furnishes any
excuse for abridging the right to vote, then, I contend, that in this State
there is no such necessity existing, nor has there been. I do not think
it advisable at this time to enter into a length^' discussion of the rights^
and privileges of citizens to vote, nor a long recitation of census reports,
or the more recent and conclusive evidence furnished by the list of the-
names registered by authority of the Eeconstruction Acts of Congress.
I simply state that the evidence is .clear and conclusive against disfran--
chisement, and there can be no excuse for a continued disqualification,,
unless it be the aim of a large and admitted majority to sustain and per-
petuate themselves in power and office at the expense of a to be contin-
••4ed and oppressed minority, besides subjecting us to the suspicion that-
CONSTITUTIONAL CONVENTION. 748
we are afraid of the people, because it may be supposed that tliey might
vote against the Republican party unless disfranchisement is continued.
A continuance of this oppression continues discontent, and certainly
accomplishes no good, but on the contrary invites disorder and revolu-
tion. C. P. LESLIE.
On motion of Mr. JOSEPH H. JENKS the minority report was re-
ceived as information, and on motion of Mr. A. J. PANSIER was order-
ed to be printed.
The PRESIDENT announced the hour had arrived for the considera-
tion of the special order which was the following ordinance reported by
the Committee on Miscellaneous Provisions of the Constitution.
AN ORDINANCE
To rejieal all Acts of Lcp;islation passed since the tiventieth day of De-
cember, one thousand eight hundred and sixty, luhich 'pledge the faith
and credit of the State Jor the benefit of any Corporate body.
Whereas, it is inexpedient that when the credit of the State is ad-
vanced or pledged for the benefit of public enterprises and works, in
which the people of the State are interested, that power should be lodged
in the General Assembly to exercise a salutary control over such public
enterprises and works, to the end that the commerce and industry of the
State should be adequately fostered and promoted ; therefore,
We, the People of South Carolina, in Convention met, do ordain'y
That all Acts or pretended Acts of legislation purporting to have been'
passed by the General Assembly of the State since the twentieth day of
December, A. D. 1860, pledging the faith and credit of the State far the
benefit of any corporate body or private individual, are hereby suspended
and declared inoperative until the General Assembly shall assemble'
and ratify the same. And it shall be the duty of the General Assembly'
at its first session after the passage of this Ordinance to attend to the'
same.
The Ordinance was read a first and second time, and then passed to- a-
third reading.
The Convention then resumed the consideration of the report of the*
Committee on Education.
Section sixth was read as follows :
Section 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.
Mr. J. S. CRAIG moved to amend so as to read : "It shall be the
duty of the General Assembly, as soon as practicable after the ratifica-
744 PEOOEEDINOS OF THE
tion of this Conslitution, to provide for the establishment and support of
i^. State Normal School, which shall be open to all persons who may w ish
to become teachers."
Mr. J. K. JILLSON moved that the amendment be indefitely post-
poned, which ^as agreed to, and the section pased to its third reading.
Suction seven was read as follows :
Sectioi^ 7. Instituti£)ns for the benefit of all the insane, blind, and deaf
and dumb and such other bemvolent institutions as the public good niiiy
require, shall be established and supported by the State, subject to such
regTilations as may be prescribed by law.
Mr. B. F. WHITTEMOEE moved 'to amend as follows : Prefii tb
the word "institutions" the word "educational," and strike out the word
"insane," in first line, which was agreed to.
Mr. B F. RANDOLPH offered an amendment, which, on motion of
Mr. J. L. NEAGLE was indefinitely postponed, and Section Seven, as
amended, passed to its third reading.
Section eight passed to a third reading without debate, as follows :
Sectiox 8. Provisions shall be made by law, as soon as practicable, fo5r
the establishment and maintenance of a State Peform School for juve-
nile off"enders.
On motioa cf Mr. J. K. 'JILLSON, section nine, requiring the respec-
tive counties to make provisions for the infirm and unlortutiate, was
stricken out.
Section ten was read as follows :
Section 10. The General Assembly shall provide for the maintenance of
the State University, and as soon as practicable, provide for the establish-
ment of an Agricultural College, and shall appropriate the land donated to
this State, for the support of such a college, by the Act of Cc;ngress, pass-
ed Ju!y 2d, 1868, or the money or scrip, as the case may be, arising irom
the sale of said lands, or any lands which may hereafter be granted or
appropriated fir such purpose, for the support and maintenance of such
college, and may make the same a branch of the State University, for
instruction in Agriculture, the Mechanic Arts, and the Natural Sciences
connected therewith
Mr. J. K. JILLSON moved to amend by striking out the word "dona-
ted" and to inserting "given," pending the consideration of which the
hour of one having arrived, the Convention adjourned to three, P. M.
COX.STiTlJTiais'AL C<JX VE>;T lOX. 745
AETKRISrOOISr SESSIOIST.
The Canvention re-assembled at three P. M., and -n-as called to order
\xy the President.
Mr. J. M IIUNION presented th3 petition of certain citizens of Green-
ville praying the division of that District ; also the petition of John W.
Twitty praying the Convention, to recommend the removal of his political
disabilities, which were referred to the Committee on Petitions.
Mr. S. A. SWAILS presented the petition of Samuel W. Maurice,
Escj^., in regard to h's pay as Assistant Assessor, which was referred to
the Committee on Petitions.
The PEE SIP ENT stated that the fit st business in order was the re-
port of the Committee on the Judiciary, on the petition presented to them.
this morning.
Mr. C. C. I30WEN, from the Judiciary Comanttee, presented the fol-
lowing report :
The Committee on the Judiciary, to whom was i-eferred the petition of
Mr. F. L. CAEDOZJ and Mr. W. B. NASH, requesting the Congress of
the United States to allot certain lands in parcels to those citizens of
South Carolina who are destitu'e and deserving, under such regulations
as may be established by Con.gress, respectfully report that they have
duly considered the subject, and recommend the adoption of the follow-
iYig resolutions :
I. /la^o/vcd, That this Convention do recommend to the Congress o^,
the Jjn\ted States that the prayer of Mr. F. L. CAPDOZO and ^iMr. W.
B. NASH, as set forth in the accompanying petition, be granted.
II. Rcsolv'd, That this Convention do hereby further pray the Con-
gress of the United States that the proceeds of the sales already made of
lands within the State of South Carolina for taxes due the United Srates,
or so much thereof as may now remain unnpproprited, may be granted
to the Strite of South Carolina for the support of the public schools of the
State, under such regulations as the Congress of the United States may
prescribe.
III. Rexolv^d, That a copy of the petition aforesaid, together with a
copy of the foregoing resolutions be forwarded at once by the President
of this Convention to ihe President of the Senate and the Speaker of the
House of Pepresentatives of the United States.
Mr. A. J. PANSIER moved the adoption of the report.
Mr. L. S. L VNGLEY moved that the report be printed and made the
special order for to-morrow at half- past four o'clock.
Mr. P. C. DeLAPGE moved to indefinitely postpone that motion.
Mr. J. L. NEAGLE hoped the resolutions would be printed, so that
they might have copies placed before the members. From simply hear-
746 PROCEEDINGS OF THE
ing it read, he could not tell whether the land was to be given and sold
or not.
Mr. J. J. WRIGHT. I hope we shall meet this question at once.
These lands are situated in St. Helena and St. Luke's Parishes, and
belong to the United States. I would like to see this matter, for several
important reasons, discussed to-day.
Mr. C. C. BOWEN. I hope no postponement will be agreed upon.
In the first resolution, we have agreed to ask Congress to denote certain
lands upon certain terms. The reasonable supposition is, that Congress
would put it upon the basis of one dollar and twenty-five cents per acre.
We think we could get that money. The next resolution asks that cer-
tain monies be appropriated for school purposes, and that the money
already in the hands of the United States, for lands sold in this State,
be given for school purposes in South Carolina, under such regulations
as the Congress of the United States may prescribe.
Mr. L. S. LANGLEY. It was with the best of motives that I made
the motion to print, and that the subject be made the special order for
half-past four o'clock to-morrow. I am opposed to all hasty action on
important questions, and believed that the members having the resolu-
tions on their tables in printed form, would be able to fully understand
them before acting upon these resolutions. I appeal to the delegates to
vote for tho printing of the resolutions. It is for your benefit, and when
you have them on your table, you can offer any amendment that may
suggest itself to your minds.
Mr. E. L. CAEDOZO moved to indefinitely postpone the motion,
sphich was adopted.
J^r. E. L. CAllDOZO called the previous question, which was sus-
tained.
The question was then taken on the adoption of the resolutions, and
was decided in the afiirmative.
Mr. C. P. LESLIE. I rise to a question of privilege. I wish to
know whether when any gentleman desires to make a statement, the
President is disposed so to rule as to force the thing through ; not-
withstanding that should be the case, I thought this an important
question, and wanted to inquire into the status of the subject matter.
The PRESIDENT. I would state to the gentleman when the pre-
vious question has been moved and seconded, and the main question
put, it is not in the power of the Chair to permit any gentleman to
address the Chair or the Convention. By seconding the previous ques-
tion, and the ordering of the main question, the majority of the house
have signified a desire to have no more debate on the subject before it.
CrOXSTITUTIOXAL CONVENTION. 747
The Chair is ouly carryin<^ out the orders of the house when he refuses
to permit any further debate.
Mr. S. A. SWAILS moved a reconsideration of the vote, whereby the
report of the Committee on the Judiciary was adopted, and the motion
for recoasideration laid on the table. The motion was agreed to.
The unfinished business, which was the report of the Committee on
Education, was taken up.
Th>3 consideration of section ten was resumed, and the verbal amend-
ments ofi'ered by Messrs. JILLSON and DUNCAN agreed to; after
which, the section passed to its third reading.
Section eleven was read as follows :
Sec. 11. All the public schools, colleges, and universities of this State
supported by the public funds, shall be free and open to all tiio children
and youths of the State, without regard to race or culor.
Mr. r. L. CAEDOZO. I move that this section be recommitted to
the committee. We desire to give the subject further consideration.
The motion was agreed to.
Mr. B. F. RANDOLPH. I move that the committee be instructed to
report upon that c-ubject to-morrow.
iMr. J. K. JILLSON moved that it be instructed to report on the 11th
inst.
Mr. B. F. RANDOLPH. The object of this motion is evidently to
get rid of those two little words race or color. I understand it all, and
I ask the house not to allow it. There is no use in our backing down
from these questions. "We are laying the foundation of a new structure
here, and the time has come when we shall have to meet things squarely,
and we must meet them now or never. The day is coming when we
must decide whether the two races shall live together or not, and I
appeal to the gentlemen in this Convention to sustain the motion I have
made, so that this question can be brought up to-morrow and discusssd.
Mr. F. J. MOSES, Jr. I move to amend by requiring that the com-
mittee shall report a week hence, at half-past twelve o'clock ; and I wish
to say here that, as far as I or the Chairman of the Committee are con-
cerned, there exists no intention of striking out the words to which the
gentleman from Orangeburg has alluded. I do not care to state my
reasons publicly for desiring that the consideration of the section shall
be postponed until to-morrow week, but I pledge my honor that when
they hoar my reasons privately given, every one will be thoroughly sat-
isfied of the propriety of such a step.
Mr. L. S. LANGLEY. I hope the amendment ofTorcd by the gontlo--
95
T'4'3 PROCEXD5NGS OF THE
man from Sumtor will not prevail. There are no good reasons why this
section should be postponed by recommittal to the committee "who re-
ported it, and especially that it should be postponed for one week. I
believe it has been thoroughly considered, and I for one will not change
my mind, even if we are kept in session two months longer. I hope the
Convention will refuse to postpone until to-morrow week, but I have no
objection to postpone it until to-morrow.
Mr. B. F. RANDOLPH. I propose three o'clock to-morrow.
Mr. L. S. LANGLEY. I hope the Convention will vote in favor of
that motion. I am a little astonished at this motion to postpone until
the 11th of March, for it seems to me that the gentleman has backed
down from the sentiments he uttered in the committee. If we are Ee-
publicans, let us have a Republican Government, and stand by our prin-
ciples.
Mr. J. K. JILLSON. I have my reasons for making this motion ;
others know them, and, therefore, I deny the charge that I have backed
down.
Mr. D. H. CHAMBERLAIN. I think it due to the Convention that
the reasons should be stated. Unless it is done, it will be unwise to
postpone the consideration of this section. I think I know the reasons
which are kept hidden from the majority of this Convention, and if they
are not stated by other gentlemen, I think it will be my duty to give
them, so that the Convention may understand why it is proposed to
postpone this section until next Wednesday.
Mr. B. F. RANDOLPH. Do you understand the reason?
Mr. D. H. CHAMBERLAIN. I think I do.
Mr. J. S. CRAIG. As there seems to be some very important rea-
sons for the postponement of this section, and we do not want the pub-
lic to know them, I move that we go into secret session.
The PRESIDENT. The rules of the Convention do not permit such
a thing to be done.
Mr. A. J. RANSIER. I think that as a matter of courtesy, the re-
quest of the Chairman of the Committee should be favorably considered.
I am not prepared to say for how long a time the subject should be
recommitted, but I am decidedly in favor of sending the section back.
Mr. B. BYAS. If this committee was not prepared to have their
reports discussed in the house, they had no business to bring them in
here I hope the motion to recommit will not prevail. I believe the
two words '• race and color " should remain, and I will have them there,
if I am compelled to talk for three weeks.
Mr. R. C. Dt^LARGE. I tmr-t the motion to recommit will prevail.
COXSTITL'iiOXAL CO^^A'EXTIOSf. 7i»
I tUink that much courtesy is due to the Chairman of the Committee. Mj
colleague made the motioa for the purpose of having an opportunity to
assemble his committee together once more, to submit to them important
information received upon the subject, within the last week. The busi-
ness of the Convention will not be retarded by the delay of this section.
I know the committee will report speedily, and those who may oppose
any change made by the committee can discuss the whole subject upon
its merits when it comes before the Convention. The aspersion attempt-
ed to be cast upon the (Jhairman of the Committee, that his desire for re-
commitment arises from a want of backbone, is something beneath the
notice and dignity of any gentleman.
Mr. B. F. RANDOLl'-E. I call the gentleman to order. He has used
words reflecting upon mo personally, and accused me of things I did
not say.
Mr. B. F. RANDOLPH then sent up the following as the objection-
able language of Mr. R. C. DeLARGE ;
" The gentleman (Mr. RANDOLPH), said it would test the backbone
of the Chairman of the Committee, which is beneath the dignity of a gen-
tleman."
The CHAIR decided that the language was enigmatical.
Mr. HAYNE moved that the Cjnvention go into secret session.
The CHAIR decided the motion out of order, the rules of the house
not providing for secret sessions.
Mr. F. J. MOSES, Jr., called for the previous question, and it being
sustained, the motion to recommit to the committee was agreed to, all
amendments being voted down.
Section twelve was read, as follows :
Sec. 12. The proceeds of all lands that have been, or hereafter may be,
granted this State or the United States, and of all lands or other property
given by the United States to this State, and not otherwise appropriated by
by individuals, or appropriated by the State for like purposes, 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 General Assembly may provide, shall be faifefuily
appropriated for the purpose of establishing and maintaining free public
schools, and for no other purposes or uses whatever.
Mr. B. 0. DUNCAN. I move to amend on the second line, after the
word "State,"' by striking out the words " and not otherwise appropri-
ated by this State or the United States," ^and to insert "for educational
purposes," after tlie word State.
750 IMIOCEEDINGS OF THE
Mr. B. F. WniTTEMORE. This section, as itreada, appropriates all
the proceeds of lands and other causes mentioned, to the establishment
and maintenence of free public schools. There i:j, therefore, no neces-
sity for inserting the words, " for educational purposes."
Mr. P. L. CARDOZO. I hope the amendment of the gentlemen from
Newberry will not prevail. We have already said that the proceeds
shall be appropriated to a State School Fund unless otherwise appropri-
ated by the United States. If already appropriated, how can we get it
for a school fund ? We propose, however, to appropriate all we can get
for a definitive purpose, and that purpose is education.
Mr. B. F. RANDOLPH. I hope this section will pass. If members
■will examine the section they will see that the words, "race or color,"
are stricken out.
I understand it all. The Convention will understand it all. Some of
you have accused me of being too conservative ; but you will see who
are the conservatives in this house. Well, I hope this section will pass ;
that lands will be appropriated to schools, and that the colored children
in the St.ito will get as much as they can ; but I tell you that for one I
am not afraid of the New Hampshire elections, or any other elections.
The PRESIDENT. The gentleman must come to order.
The question was then taken on the first amendment, offered by Mr.
B. 0. DUNCAN, and decided in the negative.
Mr. B. 0. DUNCAN moved to amend, by striking out " granted," and
inserting "given," which was agreed to, and the section, so amended,
was passed to it.s third reading.
Mr. B. 0. DUNCAN proposed the following additional section, which
Avas referred to the Committee on Education :
Section — . All donations for the support of puhllc schools, or for
other purposes of education, which may be received by the General
Assembly, shall be applied according to the terms prescribed by the
dom r.
On motion of Mr. R. G. IIOLMES, the preamble to the report of the
Committee on Education, was stricken out.
Mr. F. L. CARDOZO moved to reconsider the vote whereby section
one of the leport on education was passed, which was agreed to, and the
following substitute oifercd, which was adopted, and the section, so
amended, passed to its third reading :
"• Sec. 1. The supervision of public instruction shall bo vested in a
State Superintendent of Education, who shall ho elected by the qualitii'd
electors of the State, at the same time, and in the same manner as Iho
CONSTITTTTIOXAL COXVENTIOX. 751
other State officers ; liis powers, duties, term of office, and compensation,
shall be defined by the General Assembly.
The Convention then proceeded to the consideration of the article on
the militia.
Section one was read as follows :
Skc. 1. The militia of this State shall consist of all able bodied male
residents of the State, between the ages of eighteen and forty-five years,
except such persons as are now, or may hereafter be, exempted by the
laws of the United States, or of tliis State, and shall be organized, armed,
equipped and disciplined as the General Assembly may by law provide.
Mr. N. G. PARKER. I move to amend by inserting after the word
"now" the word "disfranchised." I am not incUnod to organize those
"who are disfranchised into companies, and ]nit arms into their hands.
]\tr. J. J. WRIGHT. I would organize the militia of the State from
the able bodied men in the State. We have men enough of the right
material to put down any insurrection on the ])nrt of those who may
attempt it. When the laws are to be enforced by the use of arms, wo
shoirld make no exceptions; and if a certain class attempt resistance, wo
must teach them their duty to the United States, and to the State. The
severe lessons the}' have already been taught are so impressed upon
their minds, that I do not believe there is any danger of their taking
them up again. If they co-operate ^nih us, and repent of their former
action, we may recommend the removal of their disabilities. I hope we
•will make no such provision as that proposed by the gentleman from
Barnwell (Mr. PARKER.)
Mr. R. C. DeLARGE. I move to indefinitely postpone all the
amendments
The motion was agreed to.
Mr. B. F. WHITTEMORE. I move to amend by striking out the words
"of this State," in the third line, and to insert in place thereof the
words, " who may be adverse to bearing arms as provided for in this
Constitution.
The amendment was agreed to, and the section, as amended, passed to
its third reading.
Section two was read, as follows :
Skc. 2. The Governor shall have power to call out the militia to exe(!ute
the laws, repel invasion, suppress insurrection, and preserve the common
peace.
Mr. "^ F. WHITTEMORE. I move to strike out the ^<>^^., " ---^v
752 rr.o(Ki:bi>c& OF THE
mon," and insert " public." Tiio amendment was agreed to.
Mr. R. G. HOLMES. I move to iaseit after the word "power,"
" under regulations provided by law."
The question was taken on this amendment, and decided in the nega-
tive. The section then passed to its third reading.
Section third was read, as fallows :
Sec. 3. The Governor may appoint the Adjutant-General, Quarter-
master-General, and such other officers ol his Staff as the General
Assembly may direct.
Mr. N. G. PARKER offered the follotvlng substitute:
There shall bean Adjutant and Inspector- General elected by the quali-
fied electors of the State, at the same time and in the same manner as
other State officers, who shall rank as lirigadier-General, and whose
duties and compensation shall be prescribed by law.
The Governor shall appoint, by and with the advice and consent of the
Senate, such other staff officers as the General Assembly may direct.
This will throw the election of that very important officer into the
hands of the people. It is of the highest importance that the people
should elect that officer. I am in favor of retaining all the power in the
hands of the people that we can.
Mr B. F. RANDOLPH. The committee gave that matter due consid-
eration. They thought the Governor should be allowed to appoint
certain military officers, constituting, as it were, his military family. We
thought he should be allowed to select who they should be, on the same
principle that the President of the United States selects his cabinet.
Mr. B. F. WHITTEMORE. I trust that the motion, as presented by
the gentleman from Barnwell (Mr. PARKER), will prevail, and that the
election of the Adjutant-General will be given to the people. It is a
very important office, and as we propose to organize the militia of the
State soon, we propose to let the people elect that officer, who will have
to superintend the work of organization.
Mr. E. W. M. MACKEY called the previous question, which was
sustained.
The question was then taken on the adoption of the substitute, and
decided in the affirmative. The section then passed to its third
reading.
Mr. R. C. DeLARGE moved that the vote by which the third section
wasSpassed to a third reading be reconsidered and the motion for recon-
sideration laid upon the table, which was agreed to.
COXSTITUTTONAL CUXVEXTIUX. 75»
The Convention then proceeded to the consideration of the article on
charitable institution.
Section one was read as follows :
Section 1. Institii ions for the benefit of the insane, blind, deaf and
dumb, and the poor, shall always be fostered and supported by this
State, and shall bo subject to such regulations as the General Assembly
m;iy enact.
Mr. B. 0. DUNCAN. I move to strike out this section. We have
but a short time ago passed a similar section in the report of the Com-
mittee on Education, and it is unneccessary to have the same provision in
two places.
Mr. E. C. DeLAEGE. Will it not be the duty of the Committee on
Eeview and Consolidation to transpose the sections.
Mr. B. E. WHITTEMORE. It is understood that the Committee on
Review and Consolidation can only arrange the articles in their order.
The question was taken ou a motion to strike out the words "blind,
deaf and dumb," and decided in the negative.
The next question was on striking out the section, which was decided
in the negative, and the section passed to its third reading.
Section two was read as follows :
Sec. 2. The Directors of the Penitentiary shall be elected or appoint-
ed, as the General Assembly may direct.
Mr. B. E. WHITTEMOEE. I move to substitute the word "trus-
tees" in place of "directors."
Mr. B. E. EANDOLPH. I move to strike out "directors" and insert
"commissioners."
Mr. E. J. DONALDSON. I move to amend by inserting "Governors
of Penitentiaries."
Mr. E. W. M. MACKEY. I move to postpone indefinitely all the
amendments. I think the word "directors" most appropriate.
Mr. B. F. EANDOLPH. Directors duties are specific. If we say
commissioners it will include not only those who may be directors, but
other persons who have the management of the penitentiary.
The question was taken on the motion to postpone the amendments,
and decided in the affirmative.
Mr. G. W. S. DILL. I move that the second section be stricken out.
Mr. E. C. DeLAEGE. I move to indefinitely postpone that motion.
The motion was agreed to, and section two passed to its third reading.
Section three was read as follows :
?54 rrvOC'EEDINGS OF THE
Soc. 3. The Trustees of the benevolent and other State institutions, such
as may be hereafter created, shall bo appointed by the Governor, by and
with tho consent of the Senate ; and upon all nominations made by the
Governor, tho question shall be taken by yeas and nays, and entered
upon the journal.
Mr. B. F. WniTTEMOEE moved to change the word "trustees" to
"directors," so as to ag-ree with the preceding section. The motion was
agreed to, and the section, as amended, passed to its third reading.
Section four was read a second time and passed to a third reading
without debate, as follows :
Sec. 4. The Governor sliall have power to fill all vacancies that
may occur in the offices aforesaid, until the next session of the General
Assembly, and until a successor or successors shall be appointed and
confirmed.
Mr. N. G. PATIKEE moved a suspension of the rules in order to
allow Mr. J. L, NEAGLE to introduce, as a fifth section of article on
charitable institutions, section nine of tho Educational Eeport, which
was agreed to.
The section was read twice, and passed to its third reading as follows :
Sec. 5. The respective counties of this State shall make such
provision, as ma}' be determined by law, for all those inhabitants who
by reason of age and infirmities or misfortunes, may have a claim upon
the sympathy and aid of society.
Mr. J. L. !NEAGLE also introduced the following, which was adopted :
Sec. 6. The Physician of the Lunatic Asylum, who shall bo super-
intendent of the same, shall be appointed by the Governor, with the
advice and consent of the Senate. All other necessary officers and
employees shall be appointed by the Governor.
The Convention proceeded to the consideration of the article on corpo-
rations.
Section one was read as follows :
Sectiox 1. The General Assembly shall pass no special act conferring
corporate powers.
Mr. E,. G. HOLMES. I move to add "except for^ municipal pnr-
poses."
Mr. N. G. PARKER. Provisions have already been made in the
constitution for the incorporation of towns and cities.
CONSTITUTIOXAL CONVENTION. ;5i
Mr. J. J. WRIGHT. What is the real meaning of this provision,
which says, "the General Assembly shall pass no special act ?"
Mr. B. F. EANDOLPH. It has been customary for the General
Assembly to pass special acts incorporating cities, towns, &c. For
instance, a church would make application and the General Assembly
would pass a special act incorporating that particular body. The com-
mittee deemed it best to have the law general, so that corporations may
come under a general act, as they are in all other States.
Mr. R. G. HOLMES. I trust my amendment will prevail. The
article referred to does not cover the ground. If this section should
pass as it is the only way a town or city could be incorporated, would be
to pass a general act. The lirst provision in the charter would be to
decide and fix the boundaries. An act might be passed whereby an}' six
or ten miles square could be incorporated. That would not be at all
consistent. I consider my amendment absolutely necessary.
Mr. F- J. MOSES, Jr. A clause in the second section of the report
of the Committee on Taxation says, "the General Assembly shall pro-
vide for the incorporation of cities, towns &c."
Mr. R. G. HOLMES. This section, however, says no special act shall
be passed. Then it mu.st be a general charter. But there can be no
general charter for the incorporation of cities and towns.
Mr. R. C. DeLARGE. I move to indefinitely postpone the amend-
ment.
Mr. E. W. M. MAGKEY. I move to lay the amendment on the table.
The motion was agreed to, and the amendment laid on the table, which
also carried the section with it.
Section two was read as follows, and passed without debate:
Sec. 2. Corporations may be formed under general laws ; but all
such laws may, from time to time, be altered or repealed.
Section three was read as follows :
Sec. 3. The property of corporations now existing or hereafter crea-
ted, shall be subject to taxation.
Mr. BOWEN moved to amend by adding to it " escept in cases oth-
erwise provided for in this Constitution." The amendment was agreed
to, and the section passed to a third reading.
Section four was read as follows :
Sec. 4. No right of way shall be appropriated to the use of any corpora-
tion until full compensation therefor shall be first mnde in money, or lirst
96
75« I'KOOEEDlNaS OF TKK
secured by ,a deposit of money to the owner, irrespective of any benefit
from any improvement proposed by such corporation, which compensa-
tion shall be ascertained by a jury of twelve men, in a Court of Record,
as shall be prescribed by law.
Mr. CRAIG offered to amend by striking out the second word " first "
in second line, which was agreed to.
Mr. W. J. McKINLAY offered to amend by striking out the words
"in money," second line, which was agreed to, and the section passed to
a third reading.
Section five was passed as follows without debate :
Sec. 5. Dues from corporations shall be secured by such individual
liability of the stockholders and other means, as may be prescribed by
law.
Mr. E. W. M. MACKEY proposed the following additional section :
Sec. 6- All general laws and special acts passed pursuant to this sec-
tion, shall make provions therein for fixing the personal liability of
stockholders under proper limitations ; and shall prevent and punish
fraudulent misrepresentations as to the capital, property and resources
of such corporations ; and shall also regulate the public use of all fran-
chises which havt. heretofore been, or hereafter may be. created or granted
by or under the authority of this State, and shall limit all tolls, imposts,
and other charges and demands under such laws.
The section was read a first time, and the hour of six having arrived,
the Convention adjourned.
CONSTITUTIONAL CONVENTION. 757
FORT Y-FOXJI^TH: D-A^Y.
Friday, Marclii 6, 1§68.
The Convention assembled at 10 A. M., and was called to order by
tlie PEESIDENT.
Prayer was offered by the Ptev. WM. DAEEINGTON.
The roll was called, and a quorum answering to their names, the
PEESIDENT announced the Convention ready to proceed to business.
The Journal of Thursday was read and approved.
Mr. 'N. G. PAEKEE moved a suspension of the rules of the house for
fifteen minutes, for the introduction of resolutions, which was agreed to.
Mr. C. M. WILDES offered the following, which was referred to the
Committee on the Legitjlative part of the Constitution :
Resolved, That it be referred to the Legislative Committee to inquire
into and report by Ordinance or otherwise, as to the propriety of requir-
ing all railroads in this State to charge the same rates for passage and
freight over the entire length of their road in the State.
Mr. N. G. PAEKEE offered the following :
Resolved, That all chartered cities and incorporated towns shall hold
their municipal elections within thirty days from the ratification of the
Constitution. All municipal offices, cities, and towns, shall be declared
vacant within thirty days from the adoption of this Constitution.
Eeferrod to the Special Committee of Nine, appointed to consider the
matter of the approaching elections.
Resolved, That a clause in the Constitutioti is necessary for defining
the qualifications of jurors.
Eeferred to the Committee on the Judiciary.
Resolved, That tho General Assembly, at its first session, shall pro-
vide suitable Iaw.6 for the registrsllion of all qualified electors and for
preventing frauds at elections.
Eeferred to the Committee on Franchise and Elections.
Resolved, That the General Assembly may declare the cases in which
any office shall be deemed vacant, and also the manner of filling the
vacancy, when no provision is made for that purpose in this Constitution,
Eeferred to tho Special Committee of Nine, on the approaching elec-
tions.
75,1 l*rt(X"EKl)lNriS OF THK
Mr. B. F. WHITTEMOIiE aske.l and obtained leave to introduce the
following as a portion of the legislative part of the Constitution.
There shall be elected by the qualified electors of the State, a Comp-
troUer-Geueral, State Treasurer, and Secretary of the State, who shall
hold their respective offices for four years, and whose duties and com-
pensation shall be prescribed by law.
The .section was read a first time, and ordered to be printed.
Mr. J. M. ALLEN presented the petition of Colonel John D. Ash-
more and Jacob Kepler, praying the Convention to recommend the
removal of their political disabilities.
Referred to the Committee on Petitions.
Mr. T. J. ROBERTSON submitted the following, which was read, and,
on motion, referred to a Special Committee of Nine.
Whereas, the financial condition renders it necessary that the General
Assembly, at its first session, shoi^ld adopt the measures requisite to
apply its available resorrces to the discharge of its valid obligations ;
and, whereas, it is essential to that end that an investigation of the
financial resources of the State should be made without delay, in order
that the results thereof may be submitted to the General Assembly at
such first session, we, the people of South Carolina, in Convention
assembled, do ordain :
Secxion 1. That three Commissioners be appointed in the manner
hereinafter provided, whose duty it shall be to investigate the financial
condition of the State, and the situation and value of all property, assets,
securities, and other resources applicable to the discharge of its valid
obligations, and to report thereon, with their recommendations, to the
General Assembly upon its being convened, or as soon thereafter as
practicable.
Sec. "J. Such Commissioners shall have authority to inspect all public
records, accounts and vouchers ; to call for reports under oath, in such
form as they shall prescribe, from all public olficers having knowledge of
facts or possession of matters pertinent to such investigations ; to sum-
mon witnesses, to administer oaths, and to e.xainine all persons, who, in
their judgment, may have knowledge of any such matters.
Sec. 8. It shall be the duty of any person or officer, under a penalty
of five hundred dollars, to be recovered in any Court of Record, in
the name of said Commissioners, upon notification or summons, to
make such report, and to attend at any time and place at which they
may be requested to appear for such examination, and to produce any
document or writing, the production of which shall be required by such
notification or sumoaons. "Witnesses attending for such e.\amination
may bo allowed the customary rates, to be paid as a part of the con-
tingent e.xpenses of the commission Any j)erson guilty of knowingly
and willingly making any false statement under oath or affirmation in
respect thereto, shall be guilty of wilful and corrupt perjury, and liable
to the pains and penalties therefor prescribed bj' law.
CONSTITUTIONAL fONVKNTlON. 75^
Sec. 4. Said Commissioners shall be appointed by the President of this
Convention, and shall receive the same per diem allowance as members
of tliis Convention, and actual expenses incurred in travelling in the
performance of said duties.
Skc. 5. The sum of dollars is hereby appropriated for the pay
of said Commissioners, and the contingent expenses of said Commis-
sioners, ■which sum shall be placed by the Treasurer of the State iu the
currency of the United States, or the bills receivable of this State, guar-
anteed under the authority of this Convention, to the credit of the
Commission, and shall be drawn upon the warrant of the Chairman of
this Commission, countersigned by the President of this Convention,
and shall be drawn for no other account whatsoever.
Sec 6. The General Assembly shall have authority to extend the
powers of said Commission, or to modify the same, when, in their judg-
ment, the objects of this Ordinance are fully attained, to terminate said
Commission, making provision by law for the payment of any deficiency
of the appropriation hereby made to meet the lawful expenses of said
Commission.
The PEESIDENT announced the following members to constitute the
committee on the above : Messrs. T. J. Robertson, of Richland ; W> J.
McKinlay, of Orangeburg; W. E. Rose, of York; D. H. ChamkberlaLn^
of Berkley ; Wilson Cook, of Greenville ; R. G. Holmes, of Eeaiiufort ;
Joseph H. Rainey, of Georgetown.
Mr. L S. LANGLEY offered the following, which was r&f»rr©<i to. the
Committee on Petitions :
Resoh)ed, That this honorable body unite and join in with the citi-
zens of Beaufort in praying Gen. Canby to relieve them from the op-
pressive abuse under which they are now suffering at the hands of their
town officers, by removing the present incumbents, and substituting to
act in their place gentlemen of acknowledged morality,, integrity, and
loyalty.
Mr. L. S. LANGLEY offered the following:
Revived, That this Convention will not receive nor act upon any peti-
tion or resolution except petitions for removal of political disabilities^
after to-morrow's session, and until the Constitution is completed.
Mr. R. B. ELLIOTT moved that the resolution be laid upon the table,
which was not agreed to.
Mr. W. H. W. GRAY moved that the resolution be indefinitely post-
poned, which was agreed to.
The unfinished business, which was the consideration of the seventh
section of the Committee on Incorporations, was taken up, and the sec-
tion passed to its third reading.
7€0 l*RUCEEl)L\GS OF THE
Mr. F. E. WILDEE offered the following as an additional section :
The credit of the State shall not be p^ranted to, or in aid of, any
person, association or corporation, nor shall the State subscribe to, or be
interested in, the stock of any company, association or corporation.
Mr. E W. M. MACKEY said a similar section had already been voted
upon and stricken out of the report of the Committee on Finance. The
subject was then fully discussed, and he, therefore, moved that the sec-
tion be laid on the table.
The PRESIDENT decided the proposed section to be out of order,
as the matter had already passed out of the hands of the house by the
adoption of a motion to reconsider the vote taken upon the section, and
to lay the motion to reconsider upon the table.
The report of the Committee on Miscellaneous Provisions of the Con-
stitution, was taken up for a second reading.
The first section, providing that Columbia shall be the seat of Gov-
ernment, on motion of Mr. E. W. M. MACKEY was stricken out, there
being a similar provision already adopted in the Legislative part of the
Constitution.
Mr. J. M EUTLAND moved that the Committee on Eeview and
Consolidation have power to transfer any section of the Constitution,
either from one article to another, or to change its position in the same
article ; provided, however, that they do not change the sense of the
sections so transferred. The motion was agreed to.
Mr. J. K. JILLSON moved a suspension of the rules, in order to take
up the additional section to the executive part of the Constitution, pro-
posed by the delegate from Darlington (Mr. WHITTEMOEE).
The section was then read as follows :
Section 10. The election for all State officers shall take place at the
same time as is provided for that of members of the General Assembly,
and the election for tho.^e officers whose terms of service are lor four
years, shall be held at the time of each alternate general election.
Mr. B. 0. DUNCAN. I move to amend by making the term of ser-
vice of the Secretary of State two years, the same as Governor.
Mr. C. P. LESLIE. I desire to say a few words on this subject, though
I am satisfied I shall be voted down, or in other words, the good sense
of what I propose to say, in my judgement, will not be appreciated. If I
understand what a Eepublican form of government is, and I think I do,
on the broad principles of right as distinguished from political ambition
and party tactics; if I can rise high enough above the political expec-
tations of certain parties and look honestly forward to the establishment
COXSTITUTKJXAL CONVENTION. 7G1
of true Eepublican principles, I think I can say clearly that if this section
should pass, injustice to Eepublicanisni will be the result. I assert this
broad proposition, and am willing to leave it to time to determine its cor-
rectness. As long as there is a human being in a Eepublican form of
government, whether he be white or black or any other color, and he is
accountable before the law ; as long as he has a dollar to gain or loose,
that man has the inalienable right in a Eepublican form of government
to cast his vote. I assert that as a grand truth, and am willing to leave
it to time to determine. It makes no difference how bumble or unfortu-
nate a man may be, if he can be brought before the law and be held in
any manner accountable, that man, in a Eepublican form of government,
has an undisputed and unqualiiied right to vote. The rule of oppression,
may shut out that right for awhile ; it may hide, it may cover it up, but
it cannot stand the test of time.
We are well aware that a certain portion of the people of this Stale
did, for a long time, preclude the colored people of the right to vote.
That was kept up for two hundred years. The Constitution of the UniteH
States in some manner or other was brought into requisition, the whole
political world was arrayed against the colored man, the whole political
power and influence of wealth was against the colored man, but through
the Providence of God all these powers and wealth have passed away.
The great principle at last triumphed, and whenever a man will keep his
eye upon the holy principle of right, he may be defied by arms, by politi-
cal power; nations may override and trample him under foot, but justice
will ultimately triumph as sure as God is in Heaven.
The illustration I wish to apply is this. There is a class of white men
in this State who according to every principle of Eepublicanism, although
they do not believe at all with me in politics, nor accord in sentiment
with one single thought or act of mine, should have the right to vote. I
assert the proposition I have already made, just as strongly in their be-
half, that in a Eepublican form of government they have the inalienable,
absolute, fixed and unqualified right to cast their vote. To-day we know
that although these men are paying taxes to the government, they are
unable to vote. They may be arraigned before the courts, they may be
brought here in person, they have property to lose and property to gain,
and all this in a Eepublican form of government. I assert it as a great
American principle, which will apply to our political enemies as well as
to our political friends. I say that whilst these people have the right
to vote, and that right is not conceded, we should not foist or fasten upon
them a class of officers for four years, because we think we have the
power and can do it. I think I can truthfully state why it is that this
y«« rnorEEDiNGS of tub
four years rule is insisted upon. Are those who seek office fear-
ful that they cannot hold them after all the people in the State shall be
allowed to vote ? To state such a proposition would be simply to merit
the contempt of every Republican throughout the length and breadth of
the land. I do not say this unkindly, for God knows my heart; but I
submit, when you seek to fasten upon the people of this Stare who can-
not vote a class of officers for four years, I have a right to utter my voice
against it.
Mr. B. 0. DUNCAN. The motion made by myself to fix the term of
office of the Secretary of State for two years was, because I regard it as
an unheard of precedent for a Governor to hold his office only two years,
and his Cabinet, as it were, for four years. If the Governor's term be
extended to four years, I will vote in favor of the terms of service of
the other officers be fixed for the same time.
Mr. F. J. MOSES, Jk. I feel it my duty to say a few words upon this
subject, for two reasons : first, I happen to be Chairman of the Execu-
five Committee ; second, I feel a deep interest in the section as it stands.
I believe it is absolutely essential to the welfare of South Carolina for
the next few years that those officers named in that resolution, more
especially the Comptroller-General and the Treasurer of the State, should
be elected to their offices for as long a term as possible, and as far as
consistent with the principles of a Republican form of government.
It has become the fashion on this floor that whenever a gentleman de-
sires to kill a resolution or measure, which does not agree with their own
opinion, to surround it with false issues, to cover it up in a mass of rea-
soning or rhetoric which has no reference to the subject under discussion;
they strive by that means to produce a false impression upon the minds
of the delegates on this floor.
This subject, I consider, has but one bearing, and that bearing I regard
as of vast importance to the interests of our State, We propose to adopt
a new constitution, to build up a new government which is to be founded
on the consent of the governed, and I believe that section as intro-
duced will reflect the sentiments of a majority of the loyal people of
South Corolina. I believe it is the wish and intention of these loyal
people that we should do anything or pass any measure necessary to the
preservation of good government in South Carolina. The Comptroller-
General and the State Treasurer are two of the most important officers
the people of the State have to elect. It is true, they will not be as high
officers as the Governor, or Senators, or Members of Congress, but they
are to assist the Governor of the State in wielding its destinies, and up-
on the proper performance of their duties by these officers depends the
CONSTITUTKKS'AL OOXVENTION. TttS
queetion whether we are to have a proper State government for the next
two years. Suppose we say these gentlemen shall hold their offices for
only two years. We know how complicated the duties of those officers
are. If we take them out of office at the end of two years, we remove
them just when they thoroughly understand and appreciate the duties
appertaining to those offices.
Mr. B. 0. DUNCAN. Does not this reasoning apply lo the office of
Governor as well as any other officer.
Mr. F. J. MOSES, Jr. I do not believe my reasoning applies in any
one particular to the office of Governor. The duties of the office of Gov-
ernor are not half as responsible, or half as diffi-cult to understand as
the duties of the ComptroUer-Genoral and State Treasurer. While we
can put a man in the office of Governor for two years and no* endanger
the stability of the goverament, I believe it to be one of the most dan-
gerous steps we can take to put a man in those other offices for only two
years, and than, just as they are accustomed to their dutie?, take them out
and put in other men. This talk about taking the ballot from the peo-
ple is all .stuff and nonsense. The Governor of the State is controlled
simply by the recollection of the fact that unless he performs his duties
to the satisfaction of the people of the State, they (^a remove him from
office. It is different with the Comptroller-General and the Treasurer
of the State. They are required to give heavy bonds to the State, and
will be held strictly responsible for the faithful performance of their du-
ties; consequently-, I fail to see the analogy betweeni^'thoso tv.'o officers
and the Governor. I hope gentlemen in voting on this subject will re-
collect that we are about entering on a new stage of government in
South Carolina. Wo have been at the hands of our enemioa with remarks
and abuse, all striving to show that tho delegates on this floor were not
capable of making a Constitution under which the right3|and liberties
of the people could be preserved or the affairs of the State faithfully and
safely administered. Those gentlemen who propose to put irresponsible
parties for a term of two years in office, are playing into the hands of those
people. We are making a new start, making an experiment in government,
and God alone knows whether it is to succeed. But I have faith in the
good sense and judgment of the delegates upon this floor. I ask, in tho
name of the loyal people of the State, that you| ■hall give them officers
who shall have full time to prove to the people of the State that they are
fit and worthy to occupy their positions.
It is not so extraordinary that the Compt? oiler- General and State
Treasurer should be elected for a longer time than the Governor. They
have been-called the Cabinet officers of the Governor ; I deny that they
97
:U PKOCSEDINGS OF THB
are. I regard tliem as entirely independent of tli8 Governor. The Gov-
ernor has DO right to control any of their actions, Gave under the laws
which the General Assembly may provide. There is nothing, therefore,
in that argument which would limit the torin of these officers to that of
the Governor. Wo intend to make this experiment so safe that it cannot
fail of success. I do hope a provision for a term of four years will bo
adopted.
Mr. D. H. CHAMBERLAIN. I shall not be able to do much more
than express my concurrence with the views of my friend from Sumter.
I think it vor\' important that the false issues attempted to be drawn
around this qupstion ; should bo exploded, when the gentleman from
Barnwell (Mr. LESLIE), talks about foisting upon the people of tho
State a class of ofSceis, he uses one of those shrewd tricks which he
has so frequently attempted upon this lioor. Vf e have a right, without
subjecting ourselves to the charges made by the gentleman, of attempt-
ing to foist upon or furnish any set of men, to determine ^the length of
time officeirs of the State shall hold their position. I go further, and
say that if the argument of the gentleman from Newberry be good ; if
it is desirable that the term of ofrice of tho Governor, and that of tho
other State officers should be tho same, I will j -in with him in tho
reconsideration of that section already adopted, which limits tho term of
office to two years. If at the first election wo siiould be so unfortunate,
as I feel sure we shall not be, as to elect an unworthy officer to position,
it is by the provisions we have already passed withia the power of the
Legislature to remove that officer. I am entirtdy in favor, regardless of
the term of tiio offiea of tho Governor, to have those oifieers elected for a
term of four years ; but, rather than that this provision should ba de-
feated, I would accept the proposition of my friend from Newberry.
Tho call was made for the previous question, but was not sustained.
Mr. J. J. WEIGHT. I thank tlie members that the previous ques-
tion was not sustained. Tho gentleman from Sumtor says we are about
to lay the foundation of a new government, and that we should lay chat
foundation on a hmtb basis. That is true, and we want to lay that foun-
dation in such a manner that the people shall have the right at any time
to oust a man from office, and to elect another in his place. If we get
bad men in office for a term of four years, what is the result? Im-
peachment is rfbt a very easy thing. What tho other side call their
strongest argument appears to mo to be the most forcible reason that
can be arged ia f-ivor of short terms. If we put a man in office for two
years, and he proves to !h^ a fuiiliful [)ub]ic servant, we can re-elect him.
The section which provides for a term of two years, does nut deprive us
CONSTITUTIOXAL COXVENXlO.::^ . 7C5
of the right of rs-electing an officer. Let us look for a moment at tue'
cEce of Governor. First h is tho raost important oulco in tho StntB.
He oxocutes the la^s for at least a period of two years; but -wa'alrl it not
bo hard t') bear vritk him oven two yoars, if ho is not the right sort of a
man? Now, thoso -wo are about to put into oflics are new men. Ihey
are liko childroa ; they have had no expv?rienc0, and are necessarily on
triaL Is it rij^ht, under these circumatances, to imperil, perhaps, the
existence of the Stato, by consigning it to the care of irresponsible and
unqualiiied persons ? It has been alleged hero tiiat some are trying to
rob you of your rights and iiborties; but I say if you put a bad man in
oface for four years, you will bo sure to rob tho people of their righti,
and they have no redress. Tho work is your own, and it has been
accomplished. You may talk about impeachment, but vrhat does it
amount to ? Mr. Johnson has done everything to overi.hrov/ the Gov-
ernment for two years, but he has had such shrewd counsellors around
liim that it has taken two years even to impeach him, and tliere is doubt
expressed v.'heth9r the attempt will now prove successful. I say, there-
fore, under these clrcumstanceg, let tho term of ofilco of the Governor
bo two yea,V(i, and the terms of the other offices remain as thej- are.
Mr. E. J. SI0SE3, Jr. It is only because I wish to reply to some of
tho arguments of the gentleman that I rise a second time. And la^e I
desire to say, that it seems to me vvdienever a gentleman desire's to carry
a special point on this floor, with reference to a term of office, they bring
in the name of Andrew Johnson, and discourse about his betrayal of
the rights and liberties of the country. I beg the members of this Con-
vention to remember that the action of tho President of the United
States has nothing to do with questions pending here.
By rofering to section four of the Articl« on Impeachment, it will
be seen that the Governor may, for any willful neglect of duty, remove
any executive or judicial officer, on the address of two-thirds of each
House of the G-enoral Assembly, provided tho causes are stated at full
length, otc.
There, Mr. President, is an unanswerable refutation of the argument
advanced by the gentleman from Beaufort. If we place a man in tho
office of Treasurer or Comptroller-General, incapable or unworthy of the
confidence of the people, what is easier than to adopt the course sug-
gested by the Constitution? It has been said we desire to foist those
officers on the people for four years ; I deny the proposition. The offi-
cers nominated by the Republican Convention cannot be "foisted" upon
the people ; and, as regards the hue and cry about robbing the people of
their liberties, why, sir, in my judgment, the way to preserve them is
to put men. in office for a term sufHeiont to enable thsm properl}' to carry
out the duties devolved ijpon thrftii. It is absolutely essential for tlie
success of the Eppublican party in South Carolina that we should elect
our o'ificers from the Legislature, upwards and downwards, for as long
terms as poshible. If wo csm ensure the success of the Ivepubiican
party here lor four years, there is no power under Heaven that can keep
us from advancinfj hereafter. The nest four years is to decide the
question who shall rule in this State and country, and I propose to place
the matter beyond doubt. Pnt gentlemen in office for a short term, and
you defeat the measures v^e liave met here to enforce. Tell the Demo-
crats of the State, or the aristocratic element, that in two years from
this time they will have a chance to vote for or iill these offices, and you
will fill their hearts with gladness. It is to their interest that we should
have frequent elections, and they would be more than delighted if we
should decide upon but one year as the term of office. Make the term
short if you please then, but do not allege that we who favor the long
term are robbing the people, when every fact and argument conclusively
proves the reverse. I am not interested in the section personally, or iu
behalf of an}^ man, but because I believe the political salvation of South
Carolina is concerned in the measure now pending. Having said thus
rauc^, I yield the remainder of my time to the gentleman from Dar-
lington.
Mr. B. F. WHITTEMOEE. I did not suppose, Mr. President, that
this subject would create so much discussion as has arisen, for the ques-
tion is a practical one, and appeals to common sense. I canuot see how
the rights of the people are to be trampled upon by making the tenure
of office four years instea^d of two. Delegates are to appear in a few
days in the nominating Co^ivention, v/hich will assemble here, who will
come fresh from the people, and instructed by the people as to their du-
ties. AVhen they vote, the people themselves will have voted and uttered
their voice. It has been well said, we are passing through a crhsis, and
we have before us such examples as make it necessary for us lo be cau-
tious in our movements. But when it is alleged that we cannot oust
from his position an incompetent or dishonest official before the expira-
tion of liis term, it does not speak well for the intelligence of those who
express such a novel and erroneous opinion. We propose, in the first
place, that no man who is not qualified in every respect shall enter upou
the dissharge of the duties of any office.
Mr. It. SMALL. I would like to ask if the gentleman is not himself a
candidate for office ?
Mr. B. r. WHITTEMORE. Not one.
OO^STITUTIOXAL COS VEifTIUir. TftJ
Mr. J. D. BELL. If you were to hira a man to do your work, "would
you hire liim for four years ?
Mr. I>. r. V/KITTEilOKE. Give mo an opportunity of selecting the
man, and I will hire him. for four years. What wo want are good men,
uud belisviug wo shall nominate only such men, I favor the long term.
The State needs improvement in everytaing. Its fiaaacial condition is
at an ebb ; its railroad system ; its land, its people, all require nour-
ishment and strength, and this can only be secured by choosing gentle-
men who will carry ou'o a liberal policy, and have an abundance of time
in which to perfect their measures of relief. The truth is, our dangers
are not from within, but from without, and if we succeed in guarding
against these, the future of the State and of the party are safe in our
hg-nds. Eternal vigilance is the price of liberty, and we propose to be
vigilant in ail things that pertain to the honor of the State, its integrity,
salvation and prosperity in the future.
Finally, I trust that this provision will pass just as it has been framed,
and that we shall see to it that in electing me i to office for four years,
their ability, honor and loyalty shall be beyond all question. Then, South
Carolina will enter upon a career of progress, to which posterity will
point as an evidence of good faith the fervent desire for advancement,
which I believe actuates every member of the Kepublican party within
her borders.
Mr. C. D. HAYNE. called for the previous question, v>^hich was sus-
tained.
The question was then taken on the amendment of Mr. B. 0. DUN-
CAN to strike out " four " and insert " two," so as to make tho terms of
office two instead of four years.
The yeas and nays were ordered.
Mr. B. 0. DUNCAN, was granted leave to explain his vote, and stat-
ed tha,t he was in favor of the long term, but desired that it should be
extended also to the ofnce of Governor.
The yeas and nays were then taken and resulted as follows :
Yeas. — Messrs. Allen, Alexander. Arnim, Bell, Byas, Cardozo, Corley,
DeLarge, Dickson, Dill, Dogan, Donaldson, Elliott, Foster, Gentry,
Goss, Harris, J. N. Hayne, C. D. Hayne, Henderson, Holmes, Hurley,
Jervey, S. Johnson, W. B. Johnson, Langley, George Lee, Leslie, W.
Mcivinlay, McDaniels, Mead, Middleton, Zvliller, Nance, Newell, Nucldes,
Olsen, Owens, Eandolph, Rivers, Eoberteon, Shrewsburry, Smalls, Swails,
Webb, Win go, Wright.— 47.
^ Nats — The President ; Messrs. Bowen, Boozer, Burton, Brockenton,
Bryce, F. J. Cain, J. P. F. Cain, Coghlan, Chamberlain, Chestnut, Clin-
ton, Collins, Darrington, Davis, Driffle, Duncan, Edwards, Gray, H.
76S riiOCEEDlNGS O? THld
E. Hayne, Jacobs, JilLson, J. W. Johnson, Dr. L. B Jolmson, John-
Bton, Joinor, H. Jone.s, C. Jorie.-*, 'L--i.r\^, S Lee, Lomas, E. W. M.
Mackey, Mayer, Milford, Moses, Nash, Neagle, Parker, Rainey, RaDsier,
KosOj Runiun, Rutaud, Sanders, Suhhs, A. Tho:i,psou,B. A.Thompson,
S. B. Thompson, Whittemure, White, Wiiliamson, F. E. Wilder, Wool-
ey.--rjO.
Abse:nt. — Messrs. Beckor, Bonum, R. II. Cain, Cook, Craig. Crews,
Humbird, Huntei, J^ickson, Jeiiks, Mauidin, W. J. McKiiday, Nelson,
Porry, Piilsbury, Kicijniond, Sasjjortis, Thomas, Viiioy, Whippcr, C. M.
Wilder.— 21.
Sir. L. S. LANGLEY. I am satisfied that the pa5.?agG of that Gecllon
on the fir.-t vote was rejected by the house. A division of the house
was then called for, and, by the count, the section was rejected. I hope
the yeas and nays will be called agiiin, with the question stated fairlt,
in ordi-r to satisfy all pirties.
The PRESIDENT. The "Chair is very rel'jctant to oppose the views
of any creiitlenian, but it Ls apparent that a deliberative body would soon
descend to the character of a mob, un!e.9s it had rules and regulations to
control it. There would be no possibility of transacting business unless,
having resolved to abilo by those well settled rules w^iich have been
established by the learned in parliamentary law, that determination is
adhered to. If che hou.se is bent upon upsetting its former proceedings
every moment- -to pass a resolution at one moment, and another resolu-
tion the next moment---to decide a questicjn, and immediately afterwards
declare that it was not decided, it must be evident that no business can be
transacted. It would be in the power of two or three disorderly persons
to keep a deliberative body in a constant state of confu^:ion.
Now, no point is more definitely settled in parliamentary law than this:
that where'a decision has been made, and declared by the (hair, that
decision "must stand, and can only be overcome by a resolution of the
house^ rescinding the same. The proper time for calling the yeas and
nays is v/hen a question is about to be put. If the gentlemen who aro
in the^minority did not think proper to call for the yeas and nays at first,
it is to be taken for granted they did not desire the yeas and nays to be
called at all. The Chair, therefore, hopes it is apparent to every mem-
ber of the house, that a call for the yeas and nays after a question has
been decided, if permitted by the Chair, would result only in protracting
useless discussion, and instead of being a purely deliberative body we
should degenerate to a mere collection of gentlemen guided by no rules,
holding colloquial conversation upon the floor, every person talking as
long as he may please, and upon any subject. Hence deliberative bodies
appoint a moderator or chairman, to the end that this state of anarchy
CONSTITUTIOKAli CONTEIS'TIOX. 769
may bo avoidecl. That ofiicer sliouIcT act wlta the utmosi impartiality,
and saciitice everything else to the preservation of ordor. In the pre-
sent instance, the Chair, therefore decides, that when the question was
taken and decided by a proper count, and the count was reported to the
house, it was a decision which cannot be overturned, except by a resolu-
tion rescinding the action of the body. It is always in the power of the
Convention to pass upon the decision of its presiding ofScer, and it may
be done, if it is thought necessary, on the present occasion.
Mr. B. 0. DUi'iCAN. I call fur the special order of the day, which.
is the Ordinance to divide the Stuto into four (Congressional districts
Mr. E. C. DeLARGE moved that tlie special order be discharged, or
indefinitely postponed.
Ou luotiou of Mr. W. E JOHNSTON, of Sumter, the motion to dis-
charge or indefinitely postpone was laid upon the table.
The ordinance was then read a second time.
Mr E. B. ELLIOTT. I move the ordinance now be made the special
order for to-morrow. There are certain changes proposed wliich do not
meet the approbation of the people of some portions of the State, and I
do not propose to allow so important a matter to be hurried through this
body. I know that if time is given us, this ordinance never can be
passed in its present shape.
Mr. F. L. CARDOZO. Why can you not discuss it now, as well as at
any other time ?
Mr. 11. B. ELLIOTT. Because there are certain facts to be presented
which are not at pre.sent in our possession, but which we may have
to-morrow. I hope under these circumstances tiiat tlie motion will pre-
vail.
The hour of recess having arrived, the Convention adjourned until
three o'clock, P. M.
AFTKRNOON S-^ESSION.
The Convention re-assembled at three P. M.
Mr. T. J. COGllLAN moved to suspend the rules in order to move a
reconsideration of the section prolonging the term of the Comptroller-
Greneral, Secretary of State and Treasurer-
Mr. R. B. ELLIOTT. I hope the rules will be suspended for the
purpose of considering this subject again. If the rules are suspended,
I hope the motion to lay the motion to reconsider on the table will be
77© PBOCEEDING6 O^ THE
voted de-vm. I am confident if this matter is brought before the house
a second time for its consideration, that it will be decided in a difierent
manner from what it was this morning. Many of the members voted
under a mistake. I think everything we do should be done only after the
most careful consideration. I hope the motion to suspend the rules will
be carried.
The question was then taken on the motion to suspend, and decided in
the negative.
The special order, which was the consideration of the Ordinance to
divide the State into four Congressional Districts, was taken up.
Mr. E. W. M. MACKEY moved to postpone the special order to ten
A. M. to-morrow.
Mr. E. J. MOSES, Jr. I hope the motion to postpone this matter will
be voted down. I see no reason why this Ordinance should be post-
poned from day to day. We are ready to discuss it now.
The question being taken on postponement, it was decided in the
negative.
On motion of Mr. B. E. WHITTEMOEE, the Ordinance was taken
up by sections, and section one was read as follows :
Section" 1. We, the People of the State of South Carolina, i)i Conven-
tion assembled, do ordain, That the State of South Carolina shall be, and
the same is hereby, divided into four Congressional Districts, as follows:
Eirst Congressional District, to be composed of the Counties of Lancas-
ter, Chesterfield, Marlborough, Darlington, Marion, Horry, Georgetown,
Williamsburg; Sumter, Clarendon, and Kershaw ; Second Congressional
District, to be composed of the Counties of Charleston, Colleton, Beau-
fort, and Barnwell; Third Congressional District, to be composed of the
Counties of Orangeburg, Lexington, Richland, Newberrj', Edgefield,
Abbeville, and Anderson; and the fourth Congressional District, to be
composed of the Counties of Oconee, Pickens, Greenville, Laurens,
Spartanburg, Union, York, Chester, and Fairfield.
Mr. C. M. WILDER. I move to amend by striking out " Anderson"
from' the Third District, and substitute " Fairfield," and to insert " An-
derson" in the Eouith in place of "Fairfield"
Mr. B. 0. DUNCAN. I would merely state with regard to this mat-
ter, that we considered it very carefully in committee, and after compar-
ing statistics with registered voters, we divided them as nearly equal
as we could, and as we thought best for all four Congressional Districts.
The committee are entirely united in the plan proposed.
Mr. E. W. M. MACKEY. I really hope, as this subject is of such a
peculiar nature, and many members are not prepared to discuss it, that
CONSTITUTIONAL CONVENTION. 771
it will be postponed. It is a matter altogether of party issues, and the
arguments are hardly proper to be brought up in the Convention. If
postponed, we may consider it in caucus. I move that it be postponed
until half-past ten Monday morning.
The. motion was agreed to.
Mr. J. L. NEAGLB reported the following Ordinance of the Special
Committee of Nine, appointed, to draft an Ordinance providing for the
ratification of the Constitiition and Ordhiances of the Convention, and
for the election of State ofiicors :
AN OEDINANCE
To j^fovide for the Ratification of the Conaiituiioii a:id Ordinances,
and for the Election of Certain Oficers.
Section" 1. We, the People of South Carolina, by our delegates in
Convention met, do ordain, That on. the 14th, 15th and Kith days of
April, 1SG8, the Constitution and Ordinances adopted by this Conven-
tion shall be submitted for ratification or rejection to the registered
voters of this State, and also that, at the same time, an election shall be
held for Grovernor, Lieutenant-Grovernor, Secretary of State, Comotrollei-
General, Treasurer, Attorney- Greneral, Superintendent of Education,
Adjutant and Inspector- Greneial, and members of thf? General Assembly ;
and, furthermore, that at the same time an election shall bo held iu each
Congressional District for a member of the House of Iiopreseutatives of
of the United States Congress.
Sec. 2. That the election for the ratification or rejecition of the Con-
stitution and Ordinances, and for the aforementioned oliieevs, sh^di be
held at such places, and under such r'^gulatious as may be prescribed by
the Commanding General of this Military District, and the returns niade
to him, as directed by law.
Sec. 3. That in voting for or against the adoption of the Constitution
and Ordinances, the words '"For Constitution and Ordinances,'' or
"Against Constitution and Ordinances," shall be printed on the ballot
of each voter ; but no voter shall vote for or against the Ooustitution
and Ordinances on a separate ballot from that cast by him for officers.
Sec 4. That a Eoard of Commissi! iners is hereby appointed, to con-
sist of Messrs. E W. M. Mackey, F. L. Cardozo, A. J. Bansier, and
C. C Bowen, who shall keep an ofiice for the transaction of business in
the City of Charleston, and who may employ s ich clerical forces as may
be necessary, and who are empovv^ered to cause to be appointed suitable
persons for managers of election in each county in the State, to hold
the election provided for by this Ordinance. Said Comnussioners shall
have power to use all the necessary means to secure a full and fair vote
upon the Constitution and Ordinances, and the election of otficers.
Sec. 5. In case of the death, reyignation or inability to serve of any
member, or members of said Board of Commissioners, the Prebident ot'
this Convention shall have power to fill such vacancy.
Sec 6. That should the said Board of Commissioners deem it nece&-
98
773: mOCEEDINGS OF THE
sary or expedient, they are hereby authorized to extend in any county
•or counties, election precinct or precincts, the number of days during
which the election aforesaid is to be held, from three to five.
Sec. 7. That within thirty days after the ratification of this Constitu-
tion, an election shall be held in and for each county, at such time and
under such regulations as may be prescribed by said Board of Commis-
sioners, for the election of all county ofiicers required by this Constitu-
tion to be elected by the people. And the Board shall have authority
to call elections for all municipal officers, at present elected by the peo-
ple, at the same time and place, and subject to such regulations as said
Board may prescribe, not inconsistent with this Constitution or the char-
ters of such municipal bodies.
Sec. 8. That the Commissioners herein appointed shall receive for
their services five dollars per day in United States currency, or its equiva-
lent in bills receivable of this State.
Sec 9. That the President of this Convention, upon the requisition
of said Board of Commissioners, shall have power to draw from the
Treasury of the State all money necessary to pay the expenses incurred
under this Ordinance, and which the General Commanding this Military
District is not authorized to assume.
Sec. 10. That the said Board of Commissioners, as soon as they have
carried out the provisions of this Ordinance, shall make to the General
Assembly a report of their proceedings, and a statement of the moneys
expended by them.
Mr. J. L. NEAGLB. I move that this Ordinance be printed, and
made the special order for half-past ten to-morrow. I make this motion
because the military are anxious to have this Ordinance passed, so as to
make arrangements concerning the election.
Mr. R. B. ELLIOTT moved to amend by making it the special order
for half-past three o'clock Monday.
Mr. E. W. M MACKEY. I have been in consultation with some of
the military officers who have this matter in charge, and they have
urged the passage of this Ordinance as soon as possible. The only
reason it has been postponed to this time, was the illness of General
Canby. The committee waited to have a full consultation with General.
Canby in reference to the county elections The military desired the
appointment of a Board of Commissioners to arrange the different dis-
tricts, appoint managers of elections, select the different voting places^,
and so on.
Mr. E. B. ELLIOTT. It seems to me the views presented are not
weighty enough to justify us in hurrjdng a measure of this kind through.
It is, apparently, a very important Ordinance, and demands serious con-
sideration.
The question being taken on the motion to postpone until half-past-
three o'clock Monday, it was decided in the negative.
(.•UNSTITUTIOXAL (^ONVKNTION. 773
Mr. F. L. CAEDOZO. I move that the Ordinaitee be printed,, and
made the special order for four o'clock to-morrow afternoon. The Ordi-
nance is a very simple one ; aimply providing the time and manner in
which the election shall take place. The military authorities- always
require a long routine, and they must have a week at least before issuing;
the necessary orders. We desire to have the elections- about the middle*
o£ April.
Tho question was then taken on the motion to make the Ordinance th»
epeeial order for half-past four o'clock to-morrow, and decided, ia thor
affirmative.
The unfinished business, which was the consideration of section three-
of Article — of the Constitution, on Miscellaneoua Provisions- of the^
Constitution, was taken up.
On motion of Mr. B. 0. DT^NCAN, section three was- stricken out,
the provisions therein contained having been already inserted in a pre-
vious part of the Constitution.
Section four, prohibiting lotteries and the sale of lottery tickets^ passed,
without debate-
On motion of Mr. F. J. MOSES, Jr., section five, providing for a Great.
Seal of tho State, was stricken out, the provision having been already
incorjjorated in the executive part of the Constitution.
Section six, relative to the right of the people to assemble peacably,.
already provided for in the Bill of Rights, was stricken out.
Section seven, relative to the State Library, passed to a third reading
without debate.
Section eight was read as follows :
Section 8. The General Assembly may direct by law in what manner;,
and in what courts suits may be brought againt the State.
Mr. E. G. HOLMES moved to strike out the section and substitute
the following :
The Supreme Court shall have authority to inquire upon petition as to
the validity of all obligations or damages alleged to be due from this
State to any resident or citizen of the United States, and certify its opin-
ions to the General Assembly for its consideration. The General Assem-
bly shall provide by law, for carrying into operation the provisions of
of this section.
Mr. B. F. RANDOLPH. After the committee reported this section,
they again had the matter under consideration, and concluded it was not
possible- for a citizen to sue the government of which he was a subject.
774 .PKOL'EEDIXelS OF THE
They, therefore, proposed to arrana:e it, so that a citizen could apply by
petition to the Supreme Court, Avliich could decide upon a case, and the
decision be presented to the General xlssembly for its action. For instance,
suppose the militia were called out. Private property may be destroyed,
or a house burned, in an attempt to suppress a riot. The person owning
the property should have some means by which he can recover the valuo
of liis property. In a case of that kind, we propose the person who has
sulFered loss may make application to the Supreme Court, which sha,ll
consider the case, and present its decision to the General Assembly. The
Generol Assembly may then pass upon tho claim, and if substantiated,
order it to be paid.
Mr. Jx. C. DeLARGS. I move an indefinite postponem.ent of the sub-
stitute.
Mr. J. J. WEIGHT. I hope that motion will be voted down, and
I hope the the substitute will not be adopted. Such a clause should
not be inserted in our Constitution. We expect to establish a Superior
or a Supreme Court of the State, and the General Assembly will provide
what the appellate jurisdiction oT that Court thall be. It is rather a novel
course of procedure for a citi-^ien of the United States to present a peti-
lioii to the Supreme Court of a State, and after a decision has been ren-
dered by that Court, to present such decision to the General Assembly
for final decision.
J^Lr. R. G. Holmes. Eow do you propose to collect dues from a
Sta,te ■?
Mr. J. J. Vv'EIGHT, I propose to collect them by filing a declaration
or petition in the Supreme Court of the Ignited States. . I might hie it
with the Court of Common Pleas, but if tried there, and I am not sat
isfied with the decision of the jury, I have a right; to, appeal to the
highest Court of the State, or the Suprente Court of the United States.
But it woulcl be a novel procedure for a citizen of another State — Georgia
or North Carolina, for instance — to file a petition in the Supreme Court
of the State, and if not satisfied with its decision, to appeal to the Legis-
lature of the State. If there is any appeal from the deoision; of the
Supremo Court of the State, it should go to the Supreme Court of the
United States. To proviile otherwise', would be a direct blow at the Su-
preme Court of the United States, which exex'clses jurisdiction over ail
tiie States for the benefit of any citizen of the United States.
Mr. P. G. HOLMES. It is only proposed tliat the Supreme Court should
pass an opinio|i, ,and that, the opinion ghoiild go before the Legislature.
Ml-. J. J. WEIGHT. AH we get from the. Supreme Court is their
opiaion, and that opinion is, finfil- , We do not propose, after the highest
COXSTITUTi'JXAL CO^C YEXTiOX. • 775
judicial power in the State has rendered an opinion, that there shall be
any appeal unless to the Supreme Court of the United States. If a
case comes to the Supreme Court of the State, and the decision is made,
unless a question of constitutionality is moved, there is no appeal from,
that decision. To refer a decision of the Supreme Court of the State ,to
the General Assembly, v/ould not only be an outrage iipon the people of
our own State, but also upon the people of other States having cases
before the Supreme Court of this State. We do not want the General
Assembly to consume their time over such matters. If citizens of our
own State, or of any other State, are dissatisfied with the decision of the
Supreme Court of the 8 Lute, then let them go into the United States
Courts, where such cases properly belong. For the purpose of giving
every citizen of each State an oppoi'tunity to present his case and obtain
justice in any State, United States Courts have been established in every
State of the Union. Whenever any citizen considers ho has been wronged
or deprived of his rights, he has the remedy of fiual petition in any United
States Court.
Mr. J. M. HUTLAInD. It seems to me that the gentleman from Beau-
fort has taken up this matter with too much zeal and feeling. It occurs
to me, that the proposition embraces a very simple process by which the
citizen of a State may obtain bis rights, without being harrassed or an-
noyed by going through the long process of applying to the, United
States Courts and suing a Scate. It is a simple mode of giving a citizen
redress who may have suffered at the hands of the State. I hope it will
receive every consideration. The mode is by petition upon oath to the
Supreme Court of the State, to ask its opinion upon a question of justice.
It simply asks the opinion of the Supreme Court as to whether there is
justice in the demand of the citizen who has a suit against the State.
Suppose the Supreme Court certifies to the Legislature that, in their
opinion, this citizen has a just claim against the State ; there is scarcely
a doubt but that in nine cases out of ten the Legislature would be gov-
erned by that opinion. I regard this as a simple mode of redress for a
citizen who has suffered wrong from the State, and is a much less expen-
sive and troublesome mode than has heretofore existed.
Mr. J. J. YvHIGHT. Would you desire a citizen of Georgia or North
Carolina to come here and file a, petition in the Supreme Court of the
State for any claims against this State ?
Mr. J. M. RUTLAND. I do not think this contemplates any such pro-
ceeding, unless that citizen had property in the State, which property
has been destroyed by the authority of this State. If that is the case,
let him come here and obtain redress in the same manner as if he had
776 PUOCEEDINGS OF THE
sold property in the State. It is to fa(;ilitate the settlement of claims
of citizens of South Carolina against the State of South Carolina.
Mr. J. J. WEIGHT. Is it the duty of the Judges of the Supreme
Court, or the Attorney-General, to give an opinion upon matters of this
kind ?
Mr. J. M. EUTLAND. That depends upon the action of this Conven-
tion. If the Ordinance passes, then ib is made the duty of the Supreme
Court. If not passed, the Attorney- General might or might not be called
upon to give an opinion.
Mr. B. P. EANDOLPII. Do you think if this Ordinance passes, the
Supreme Court would entertain a case not really just and proper in
itself?
Mr. J. M. EUTLAND. I might have to entertain a case possibly
improper, in order to hoar it on its merits. The Supreme Court cannot
say whether a case is I'ust or unjust until it has heard the testimony.
Mr. C. P. LESLIE. Are you not of the opinion that, sooner or later,
if a man desires to petition the Almighty for forgiveness of sins, he will
have to go into some political operation to get at Him ?
Mr. J. M. EUTLAND. I do not give spiritual advice.
Mr. P. J. MOSES, Jr. Is it proposed that a man should petition the
Legislature for the settlement of his claims, and then that the Legisla-
ture shall refer the case to the Supremo Court for its opinion ?
Mr. B. P. EANDOLPH. The design of the substitute is that a citi-
zen may present his petition with the evidence before the Supreme Court
for its opinion. If the Judges decide in favor of the petition, then the
case^may go before the General Assembly.
Mr. P. J. MOSES, Jr. That does not take away the absurdity of the
proposition. It is certainly setting a new precedent in South Carolina.
Although the gentleman from Pairfield says we are not dealing with the
past, still while this Convention proposes to reconstruct everything, we
do not go upon the principle that nothing good can come out of Naza-
reth, but wherever we find any thing good, we desire to adopt it as ours.
The State has always had in office an Attorney-General and five Solici-
tors. It has always been the duty of those gentlemen to be present
during the sessions of the General Assembly, and any member or mem-
bers desiring legal advice of any kind, on any question in Avhich the
General Assembly or either House was interested, had the privilege of
applying to the Attorney- General or Solicitors. Suppose such a measure
as this substituted, and the decision of the Supreme Court, after it is
rendered^ goes to the Legislature, T\'hat a scone will be witnessed ! Mjem-
bers of the Legislature would undertake to argue the validity of the
CONSTITUTIONAL CONVENTION. 777
law points made iu that decision. It would be additional expense and
trouble. You will put too much work upon the shoulders of your
Judges. The Attorney-General and Solicitors are paid to attend to this
business. Their salaries are paid out of the State for that purpose. It
would bo a new scene to have lawyers applying to the Legislature for
every little claim or account. I am unwilling to degrade the Judiciary,
or depart from the excellent practice set us in the past. In addition to
this, it will be remembered we have in ever\' State, as has been said.
United States Courts organized and established for just such cases as
this. This measure would take these cases out of those Courts and send
them to the Supreme Court of the State. What an absurdity; I hope
the substitute will be voted down.
The previous question was called and sustained. The President
stated the Chairman on Miscellaneous Provisions of the Constitution
was entitled to the floor for fift.^en minutes.
Mr. B. P. EA.NDOLPH. I yield my time to the gentleman from
Beaufort (Mr. HOLMES).
Mr. P. C HOLMES. This is a very simple measure proposed to ob-
tain speedy justice. The design is to permit a man who has a claim
against the State to petition the Supreme Court, and have a hearing.
When the claim is heard, then he can go before the Legislature. There
is no vraj by which a State can be sued in the United States Courts.
This is a simple, easy, and most expeditious mode for a party having
claims against the State to obtain justice. The decision of the Supreme
Court in such cases would have great weight before the Legislature.
Mr. P. J. MOSES, Jr. Does the gentleman not know, that in e very-
Legislature there is among the committees a Committee on Claims, to
whom all such matters are referred ? After it has been so. referred, that;
committee can easily apply to the Attorney- General or Solicitors for their
opinion.
Mr. E. G. HOLMES. I know all that ; but this is prevented by bring*
ing the case before a competent tribunal.
Mr C. C' BO WEN. If a man has a suit against the State £3r five-
hundred dollars, is he not entitled to a trial before a jury?
Mr. E. G. HOLMES. The State cannot be sued. I endeavored to
sue the State, but could find no way to do it. I could not get the case-
in the United States Court, or any other Court. There is no way to-
arrive at cases of this kind, except through the Legislature.
Mr. E. SMALLS. Did you obtain the services of a lawyer ?
Mr. D. H. CHAMBEELAIN. Is not the Supreme Court the highest
judicial power of the State,, aoid does not this substitute make it subor-
77S PROCEEDINGS OF THE
dinate to the Le.glslature '? Dobs it rot, in fact, make the Legislature
the supreme judicial power of the State ?
Mr. E. G. HOLMES. Of course, it makes the Legislature above the
Supreme Court. We desire the decision of the Supreme Court in these
to be submitted to the Legislature.
Mr. B. F. EANDOLPH. I desire to submit two propositions. First,
that citizens in this State, and many other States, in order to recover
against a State claims or damages, have been in the habit of petitioning
the Legislature. That being the ease, some means must be provided by
which those citizens can recover their claims. The next point is, what
is the best and most simple and -effective method to recover ? The
citizen cannot sue a State. Therefore, is it not better for the citizen to
be permitted to file his petition in the Supreme Court, appear before that
Court with his evidence, and if the Court decide in his favor, then the
petition goes to the Legislature. And I submit, when the Supreme
Court shall have passed upon any such matter, the Legislature will
acquiesce in the decision.
Mr. F. J. MOSES, Jr. How long do yoii propose to give the Supreme
Court to make up its decision? Suppose the Judge puts the petition in
his pocket and keeps it there.
Mr. B. F. EANDOLPH. If we have such a Justice or such a
Supi'eme Court that cares nothing about the welfare of the citizens of
the State, then it would be better perhaps to abolish the Supreme
Court altogether. The gentleman proposes to submit these claims to the
Attorney-General, the Solicitors, Committee on Claims, &c , but I sub-
mit that such a proceeding will only complicate matters. I submit to
the Convention whether the opinion of those officei^s would be regarded
as much in the eye of the Legislature as the opinion of the Supreme
Court.
The question has been asked if the Supreme Court is not the highest
judicial power in the State. We do not propose to make it superior to
the Legislature, but when the Supreme Court sends its decision, accom-
panied by a recommendation, to the Legislature, then the Legislature, we
expect, will act in accordance with that recommendation.
Mr. F. J. MOSES, Jr. Suppose the Legislature does not agree, then
which is 1;he superior or inferior power ?
Mr. B. F. EANDOLPH. Suppose your Solicitor or Attorney- Greneral,
or Comuiittee on Claims decide, and the Legislature decide to the
contrary.
Mr. D. H. CHAMBEELAIN. Is it not true, that under this provision
you propose that citizens of other States may appear before the Supreme
CONSTITUTIONAL COitVENTIUX. 779
Court and file their claims ? Would not that be an unconstitutional pro-
ceeding ?
Mr. B. F. EANDOLPH. I think the Supreme Court could decide
whether it would be proper to entertain such cases. I suppose we will
have judges who know their business, and who will not undertake to
investigate a case that does not come properly before them.
The question being put on the adoption of the substitute, it was
rejected.
Mr. D. H. CHAMBERLAIN moved to reconsider the vote by which
section eight passed to its third reading, which was agreed to.
Mr. D. H. CHAMBERLAIN moved to strike out all after the word
"manner" and insert "claims against the State may be established and
adjusted." I consider the word "suits" improper. It should be claims.
Claims may be for actions, damages and everything else brought against
the State.
Mr. R. G. HOLMES. I hope the amendment will not prevail, but
that the section will be stricken out. We cannot afford to have claims
established against the State but in one way, and that is through
petitions.
Mr. J. J. WRIGHT. I hope the section will not be stricken out.
There are many persons in this State who have claims against the State,
and whose property was destroyed by the State. It is the prerogative of
the Legislature to devise means by which claims can be adjusted. A
committee is usually appointed by the Legislature for the purpose of
investigating these claims, and the report of that committee is either
sustained or rejected by the Legislature. If the citizen of this State or
any other State is dissatisfied with the decision of the Legislature, then
his final remedy is to file his declaration in the United States Court.
The question being taken on the adoption of the amendment, it was
agreed to, and section eight passed to its third reading.
Section nine was read as follows :
Sec. 9. Divorces from the bonds of matrimony shall not be allowed,
but by the judgment of a Court, as shall be prescribed by law.
Mr. E. W. M. MACKEY moved to strike out this section and to insert
it in the judiciary department of the Constitution.
Mr. B. F. RANDOLPH. There is considerable difference between
the two sections. This section declares that the Court only shall grant
a divorce. According to the section in the legislative department, th©
Legislature may grant them also.
Mr. F. J. MOSES, Jr. The section referred to in the judiciary
780 PROCEEDINGS OT TfiI5
report provides that the Supreme Court alone shall have jurisdiction of
divorce eases. This section is simply declaratory of the fact that divorces
shall be granted. There is no necessity for striking out the section.
Mr. E. W. M. MACKEY withdrew his motion.
Section ten was read as follows :
Sec. 10. No person who denies the existence of a God shall hold
any office under this Constitution, nor be allowed his oath in any Court.
Mr. E. "W. M. MACKEY moved to strike out the entire section.
Mr. B. F. EANDOLPH moved to strike out the letter "a" before the
word "God."
Mr. B. F. WHITTEMOEE moved to strike out the words "a God"
and substitute the words "Supreme Being."
Mr. E. W. M. MACKEY moved to lay that motion on the table,
■which was not agreed to.
The question was taken upon striking out the entire section and
decided in the negative;
Mr. D. H. CHAMBERLAIX. I desire to ask the Chairman of the
Committee what is meant by the last clause of this section.' Is it meant
that no person who believes in the existence of a Supreme Being shall
be allowed to give evidence in Court, or does he mean what the lan-
guage says, he shall not take oath or affirm.
Mr. B. F. EANDOLPH. He could affirm, but not take his oath.
The PRESIDENT. The Chair understands, that a man who does
not believe in a Supreme Being must not take an oath, but one that does
m.ust take an oath.
Mr. C. C. BOWEN. I move to strike out all after the word "consti-
tution."
Mr. B. F. EANDOLPH. I hope the clause will not be stricken out.
A person who has not the confidence of the people, so that he may hold
ofiice, should not be allowed to take an oath. I would not believe him
at all.
Mr. C. C. BOWEN. It is always left to the rules of evidence of a
Court to say whether a man's oath or affirmation shall be taken. It is
to be hoped the clause will be stricken out.
Mr. E. C. DeLAEGE. I trust the motion will prevail. It has been
customary to either take a witness' oath or affirmation, and if a man did
not believe in the existence of a Supreme Being, he was permitted to
affirm. His evidence can be taken for what it is worth.
The question was taken on striking out the words "nor be allowed his
OONSTITUTIONAL CONVENTION. 731
oath in any Court," and decided in the affirmative, so the words ■were
stricken out, and the section, as amended, passed to its third reading.
Section eleven was stricken out on the first reading.
Section twelve was read and passed to a third reading, as follows :
Sec. 1'2. The printing of the laws, journals, bills, legislative docu-
ments and papers for each branch of the General Assembly, with the
printing required for the Executive and other departments of State, shall
be let, on contract, in such manner as shall be prescribed by law.
Section thirteen was stricken out on its first reading.
Section fourteen was read as follows :
Sec. 14. The real and personal property of a woman, held at the time
of her marriage, or that which she may thereafter acquire, either by
gift, grant or inheritance, or devise, shall not be subject to levy and sale
for her husband's debts ; but may be bequeathed, devised, or alienated
by her, the same as if she were unmarried ; Provided, That no gift or
grant from the husband to the wife shall be detrimental to the just
claims of his creditors.
Mr. F. E. WILDER oifered the foUov/ing substitute :
Sec. l-i. The Legislature shall provide for the protection of the
rights of women in acquiring and possessing property, real, personal,
and mixed, seperate and apart from the husband ; and shall also pro-
vide for their equal rights and possession of their children.
Mr. E. C. DeLARGE moved to postpone the consideration of the sub-
stitute until to-morrow, and make it the special^order for 11 o'clock,
which was adopted.
Mr. E. W. M. MACKEY introduced the following as additional sec-
tions to the article on the Miscellaneous Provisions of the Constitution,
which were read a first time :
Sec. 15.. The General Assembly shall provide for the removal of all
causes which may be pending when this Constitution goes into'^effect
to courts created by the same.
Sec. 16. The provisions of this Constitution concerning the terms of
residence necessary to enable persons to hold certain offices, therein
mentioned, shall not be held to apply to offioers chosen by the people at
the first election, or by the Gnuoral Assembly at its first session.
Sec. 17. All lav/s of this State now in force, not inconsistent with
this Constitution, shall continue in force until they shall expire by their
own limitation, or ba amended or ropsaled by the General Assembly:
782 rROCEEPIX(JS OP THK
On motion of Mr. D. H. CHAMBERLAIN, section sixteen was
referred to the Committee on Franchise and Elections.
Mr. B. 0. DUNCAN moved that section seventeen be referred to the
Committee on^the Judiciary.
Mr. E. W. M. MAGKEY. I hope that motion will not prevail. This
provision is in nearly all rniscellaneous portions of the Constitutions of
other States.
Mr. R. B. ELLIOTT. I hope the section will be referred to the Com-
miitee on the Judiciary. I think it the duty of the Committee on the
Judiciary to find out whether it would be expedient or safe to make any
such provision in this Constitution at the present time, and if so, whether
it is proper to insert it in the miscellaneous portions of the Constitu-
tion.
Mr. C C. BOWEN. I think it is usual to make a separate article
of schedules. It appears in that way in almost all other constitutions
of the State.
The question being put on the motion to refer to the Judiciary Com-
mittee, a division was called for, and resulted : ayes 37, nays 29.
On motion of Mr. E. J. DONALDSON the rules were suspended, and
sections fifteen and sixteen of the Miscellaneous Provisions of the Con-
stitution were read a second time and passed to a third reading.
The PRESIDENT announced that all portions of the Constitution
which had been submitted by the difierent committees had passed to a
third reading, with the exception of the report of the Committee on Fran-
chise and Elections.
Mr. T. J. ROBERTSON asked and obtained leave to present a petition
from Mr. R. M. Wallace, a citizen of Columbia, for the removal of politi-
cal disabilities. The petition was referred to the Committee on Peti-
tions.
The hour for the consideration of the special order having arrived,
being the consideration of an Ordinance to create a Board of Land
Commissioners : it was read a second time.
Mr. L. S. LANGLEY moved to strike out the word "thereof in the
4th line, in section one, which was adopted, and sections one, two and
thi-ee passed to a third reading.
Section four was read, and Mr. R. G. HOLMES offered to amend by
inserting after the word "the" in sixth line, the words "authority of
the," which was adopted, and the section, so amended, passed to a third
reading.
Sections five and six were read, and severally p.issed to a third read-
ing.
CONSTITUTIONAL CONVENTION. 783
t
On motion of Mr. E. W. M. MACKEY the Convention adjourned to
10 o'clock to-morrow morning.
The Convention then adjourned.
FORTY-FIFTH T>A.Y.
Saturday, TnLarcU 7, 186§.
The Convention assembled at 10 A. M., and was called to o»^er bj?
the PRESIDENT.
Prayer was offered by the Eev. J. M. RUNION.
The roll was called, and a quorum answering- to their oames, th&
PRESIDENT announced the Convention ready to proceed to business.
The Journal of Friday was read and approved.
The special order, which was the consideration of the iburteentk sec-
tion of the report of the Committee on Miscellaneous Provisions of the
Constitution, was taken up.
Mr. WM. McKINLAY. I desire to offer an amendment to the sub-
stitute offered by the member from Beaufort (Mr. F. E. WILDER). I
regard the matter as of the highest importance,, and do not think it
should be inserted in the Constitution. This matter should be left to
to the Legislature. Let that body pass some special act upon the sub-
ject, or let them alter and amend whatever law they make upon the sub-
ject, as experience may deem expedient.
I move to strike out all after the word "further," in the first line,,
and insert ' ' the General Assembly shall pass laws to secure to married
women the right to their separate estates."
Mr. E. C. De LARGE moved to amend the section by adding the fol-
lowing :
And, provided further, that a schedule of such real and personal
property, under the hands and seals of husband and wife, if held at the
time of marriage, shall, within sixty days of the time of marriage, be
recorded in the office of the Register of Mesne Conveyance of the Judi-
cial District, in which the said wife was at the time of her marriage resi-
dent. And, provided further, that a schedule of such real and personal
property as may be acquired b}' the said wife subsequent to marriage,
shall, within thirty days from such acquisition, be recorded in the office
of the Register of Mesne Conveyance of the Judicial District, of which
the said wife, at the time of such acquisition, is resident.
784 PllOCEEDIXGS OP THE
Tke subject of tliis section, as I understand it, is the protection of a
woman in the rights of property that she may have had, or secured pre-
vious to marriage, and to protect her in such property as she may acquire
by gift, grant, or bequest after marriage. I agree with the section, but I
think it is necessary that some su3h clause as I have presented here,
should be added to prevent fraud. Unless this is d,one, a wide field will
be opened to fraud. It would be an easy matter for married persons to
defraud a creditor, unless the property of the wife is registered in due
form before marriage, so that the creditors of the husband may be able
to ascertain what property actually belonged to the woman. A schedule
of the property owned before marriage by the woman, would give all
the necessary information ; what we desire is to protect the woman who
is so unfortunate as to marry a profligate or a drunkard ; to protect the
property she has at the time of marriage, so that it shall not be for-
feited by a drunken husband. We also propose to secure the hard ea
ings that may be bequeathed by a mother on her death bed to a ch
so that it cannot be taken and squandered by the husband or father
the child.
Mr. C. C. BOWEX. I desire to offer an amendment, and to ins
after the word '• befoi'e," on the third line, the words " shall be held
her separate property and." I shall be decidedly in favor of the se -
tion reported by the committee, if this amendment be adopted, for I con-
ceive that it affords full protection to the property of the wife. It has
been urged that the husband, becoming in debt, may transfer his property
to his wife, but such a transfer is almost impossible under the last
clause of the section. To the plan suggested by the delegate from
Charleston, of filing a schedule of property, I object.
Mr. R. C. DeLAEGE It is provided that a schedule of all property
acquired by the wife shall be filed, whether acquired after or before
marriage.
Mr. C. C. BO WEN. I think that is unnecessary. Should the question
be raised, it will be easy enough for the wife to go into Court, and show
whether she came in possession of her property by will, gift, or other-
wise. There is no chance for anybody to be defrauded. Our proposi-
tion is to secure to the wife all of her property against the debts con-
tracted by her husband. If left to the Legislature, as has been suggested,
that body may pass no such law of protection, and the wife's property
will still be held responsible for her husband's misfortunes. This,
therefore, is the proper time and place to put the matter beyond all
doubt.
l£r. B. «F. EANDOLPH. I move to amend bv inserting after the
CONSTITUTIONAL CONVENTION. 786
words " a devise," the words " or otherwise." I deem this addition
necessary to complete the protection which we propose to secure ; and
hope, likewise, the amendment last offered (hy Mr. BOWEN), will be
adopted. The Solicitor has given his opinion upon this subject, and I
am astonished that men of no legal experience whatever should rise
upon this floor and attempt to counteract that opinion. The gentleman
from Charleston (Mr. DeLAEGE), looking far into the foggy future,
has thus attempted to oppose the experience of gentlemen more learned
than himself ; but I am inclined to follow the counsels that have been
given.
Mr. C. P. LESLIE Do I understand that the Solicitor has fully
approved of that section ?
Mr. B. F. EANDOLPH. The Solicitor has given his opinion as to
the bearing of this section upon the rights of woman, and her ability to
possess and control her own property.
Mr. E. C. DeLAEGE. Did not the Solicitor disapprove of the sec-
tion ?
Mr. B. F. EANDOLPH. He did not.
Mr. J. M ALLEN. I did not think it was necessary to rise on this
floor in defence of woman, nor did I believe there was a man in this
Convention unwilling to secure to woman the property to which, in the
eyes of the law and of mankind, she should be justly entitled.
Mr. E. C DeLAEGE. Is the gentleman from Greenville in favor of
woman's suflrage ?
Mr. J. M. ALLEN. I am not, nor do I believe in that class of per-,
sons who carry poodle dogs, and follow in the trail of mere fashion ; but I
do love and honor those noble women of South Carolina, who, while their
husbands were in the field fighting for a cause which I detested, exhib-
ited a spirit of heroism and devotion to what they conceived to be prin-
ciple, and suffered to make that principle successful. It is consistent
with the character of the sex ; and, whether right or wrong, I am not
one who will take revenge upon women for showing such a virtue.
Nearly all of the States of the Union have passed laws for the protec-
tion of women's property ; and shall we, when we have passed page
after page of enactments, explaining the rights of man, stop here and
make a wry face at a single clause? These women inay be sneering at
us to-day ; but, for one, I wish to see the law laid down which will pro-
tect them in the enjoj^ment of every dollar of property which they own,
or may hereafter acquire, and I hope that this measure will pass with-
out a dissenting voice. I appeal to you who have lived here all your
lives, and seen women suffer from the hands of the fortune hunters ; the
786 PEOCEEDINGS Or THK
plausible villains, who, after securing the property of their wives, have
squandered it in gambling and drinking; a class of men who are still
going about the country boasting that they intend to marry a plantation,
and take the woman as an incumBrance. A great deal has been said
about injustice and fraud. What greater fraud can be perpetrated than
to spend the inheritance of a wife in debauchery and crime ? Shall we
allow this to be done in order to prevent some smaller fraud ? There
are plenty of men incapable of taking care of property, and for sucl?
there should be a law which shall itself protect the portiqn which be-
longs to the wife. We are ourselves poor men now, but should we suc-
ceed in. saving a little property, and leaving it to our wives, it is not a
comfortable thought that when we are dead, some villain may marry
our widows, and squander what we have saved for the care and comfort
of those we love. It is for these reasons that I hope this section, which
promises protection to woman, Avill be adopted.
Mr. B. F. EAiSIDOLPH. Without making a speech, I desire to say
a word or two, by way of explanation. After this report had been con-
sidered by the committee, I presented it to the Solicitor for his consid-
eration, and it met with his unqualified approval. It is due to the gen-
tleman from Greenville (Mr. ALLEN,) to say that he presented this
section to the committee just as it stands.
Mr. R. B. ELLIOTT. I rise to express the hope that the section will
pass with the amendment offered by the gentleman from Charleston ( Mr,
BOWEN), to insert the words " shall be held as her separate property."
I believe that it will secure all the legal rights of a woman in this State.
Enough has been said upon the subject to put us in possession of the
facts, and to enable us to form our judgment, and I, therefore, call the
previous question
The call was sustained.
Mr. B. F. EANDOLPH— (Under the rule being entitled to the floor).
I presume that if this section meets with much opposition, it will come
from the unmarried members of the Convention who may be looking
for rich wives. But there are those here who are already married, who
have mothers, sisters and daughters, all of whom may come into pos-
..^.ession pf property ; and I ask if it is just that those who are so near
and dear to us, i^hall be left in a position where a man without principle
may, by marriage, take possession of their property, and leave them
•dependent ixpon the cold charities of the world ? It is a common thing
for naen to talk about marrying rich wives, and to marry them for no
other purpose than to squander their property. To protect this class of
woDixen, ^nd to preyeat them from falHng into the hands of scoundrels,
CU>'ST1TUTI0NAL CONVENTION. 737
is tlie ohj::ct of this section, and I confidently look to this Convention
to pass it. I yield the • balanco of my time to the gantleman from
(Jharle.ston.
Mr. 0. C. BO WEN. The object of this section has been so often
explained that it is scarcely necessary for me to dwell upon it. It has
been said that a husband may givo all of his property to his wife. I
admit it, and on what principles are you going to stop him from so
doing? It CiHunot bo done. Nor does this measure contemplate it. All
this section proposes to do is to protect the woman against the bad debts
of her hnyband, to secure that to her of which she hns come into pos-
session, and enable her to hold separately the property which is by ri'^ht
her own. Suppose, for instance, a person was going to buy a piece of
properly from a man's wife, what would be the first thing he would do V
First, he would ascertain whether she had any property to dispose of;
and secondly, how she came in possession of it ? If obtained within the
purview of this section, her right to sell would be unquestionable. If
fraud is perpetrated, it may be proved in the same manner as any other
fraud under the insolvent debtors act. I can, theref )re, see no objection
to the passage of this section as amended. I hope this Convention will
not leave the matter to be acted upon by thn Ii*-gi.'^lature ; for if we
acknowledge the principle at all, it is competent for us to declare it, and
incorporate it in the Constitution which we are about to give to the
people of South Carolina.
The question then being taken on the amendment of Mr. B. F. SAN-*
DOLPEC, it was decided in the affirmative.
I he amendment offered by Mr. C. C. BO WEN was also agreed to.
The amendment offered by Mr. E. C. DeLARGE was rejected ; also
the amendment offered by Mr. McKINLAY.
The main question now being upon the passage of section fourteen as
amended to a third reading, the yeas and nays were called, and resulted
as follows : Yeas, 88 ; Nays, 8. Absent, 25.
Yeas. — Messrs. Alien, Arnim, Becker, Bell, Bowen, Bonum, Boozer,
Burton, Brockenton, Byas, E. I. Cain, Camp, Coghlan, Chamberlain,
Clinton, Cook, Collins, Corley, Darrington, Davis, DeLarge, Dickson,
Dill, Dt^gan, Drifiie, Duncan, Edv/ards, Elliott, Foster, Gentry, Goss^
Gray, Harris, C. D. Hayne, J. N. Hnyne, Henderson, Holmes, Hum-
bird, Hurley, .Jacobs, Jillson, S. Johnsuu, W. B. Johnson, J. W. John-
son, L B. -Johnson, W. E. Johu.-iton, Joiner, H. Jones, C. Jones, Lang-
ley. George Lee, S. Lee, Lomax, Leslie, E. W. M. Maekey, Mayer,
Mead, Miller, Milford, Nance, Na<-h, Nelson, Neagle, Newell, Nuckles,
Parker, E;in(ioIph, Eainey, l!anf-ier, Rivers, E-obertson, Eose, Eunion,
Eutland, Sanders, Stubbs, A, Thompson, S. B. Thompson, B. A. Thomp^
100
788 PROCEEDINGS OF THE:
son, Viney, Webb, Whittemore, Wlute, F. E. Wilder, C. IL Wilder,
Wingo, Wooley, Wright — 88.
Nays — The President ; Messrs. Alexander, Biyoe, W J. IMeKinlajy
Wm. McKinlay, McDaniels, Owens, Shrewsbury — 8
Absent. — Messrs. li. H. Cain, Cardozo, Chestnnt, Craig, Crews,
Donaldson, H. E. Hayne, Hunter, Jackson, Jenks, Jervey, Lang, Maul-
din, Middleton, Moses, Olsen, Perry, Pillsbury, Eichmond, S.isportasy
Smalls, Swails; Thomas, Whipper, Williamson — 25.
Section fourteen was then passed to its third reading, as follows :
Section 14. The real and personal property of a woman, held at the-
time of her marriage, or that which t-he may thereafter acquire, either
by gift, grant, inheritance, devise or otherwise, shall not be subject to
levy and sale for her husband's debts, but her seperate property may be
bequeathed, devised or alienated by her, the name as if the were unmar-
ried ; Provided, That no gift or grant from the husband to the wife shall
be detrimental to the just claima of his creditors.
The PRESIDENT announced the next unfiniahrd business was the>
consideration of the report of the Committee on Pranchise and ELec-
tions.
Mr. B. 0. DUNCAN moved that the considei'ation of that report be
postponed, and made the special order for Monday, at eleven o'clock,,
•which was agreed to.
The next special order was the consideration of an Ordinance to-
create Land Commissioners, which was taken up, passed its third read-
ing, and declared an Ordinance of the Convention.
Mr. P. J. MOSES, Jr., moved that the vote whereby the above Ordi-
nance passed to its third reading, be reconsidered, and that the motion,
for reconsideration be laid on the table, which was carried.
. The Convention then proceeded to the third reading of the first article
of the Constitution, known as the " Bill of Rights."
The article was read by sections, and after several ineffectual motions-
to recommit certain sections, was finally passed.
The PRESIDENT then put the question, "shall the first article pass,'"
which was unanimously carried.
The PRESIDENT then announced it as follows i
" This is the first article, and, I hereby declare, has become a part of
the Constitution of South Carolina."
The announcement was followed with great applause by the delegates^
who gave vent to the expression, of their feelings by clapping of hands.
CONSTITUTIONAL CON¥IiNTK>N. 780
and continued applause for several minutes, during which the President
was unable to proceed.
The following is the article as passed, which, under the Ordinance of
the Convention, is to be submitted to the people of the State for rati-
fication on the 1-i-th, 15th, and 16th diys of April next .
TVi^, the People of the Stat.e of South Carolina, in Convention assrm-
hled, Grat?ful to Alniiglity 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 tiie people
in all that pertains to their freedom, safet}', and tranquillity, and im-
ploring the direction of the Great Legislator of the Universe, do agree
xipon, ordain, and eatablish the following
3>Ev';L.\.EATX0;i OF IIIRHXS AXD "FOKil OF GOVERNMENT AS THE CONSTITUTIOJS' OJ
TUE COMMONWEALTH OF SOUTH CAROLINA.
ARTICLE I.
DECLARATION OF EIGHTS.
Section 1. All nien are born free and equal — endowed by their Crea-
tor with certain inalienable rights, among which are the rights of enjoy-
ing and defending their lives and liberties, of acquiring, possessing and
projecting property, and of feeeking and obtuning their safety and
happiness.
Sec. 2. Slavery shall never exist in tliis State ; neither shall involun-
tary servitude, exempt as a punishment for-erime, whereof the party shall
have been duly convicted.
Sec. o. All political power is vested in and derived from the people
only \ therefore tliey have the right, at all times, to modify their form of
government in such manner as they maydeom expedient, when the pub-
lic good demands.
Sec 4. Every citizen of this State owes paramount allegiance to the
Constitntion and Government of the United States, and no law or ordi-
nance of this State in contravention or subversion thereof, can have any
binding for<;e.
Sec 5. This State shall ever remain a member of the American
Union, and all attempts, from whatever source, or upon whatever pre-
text, to dissolve the said Union, shall be resisted with the whole power
of the State.
Sec. 6. The right of the people peaceably to assemble to consult for
the conimon good, and to petition the Government, or any department
therecjf, shall never be abridged.
Sec. 7. All persons may freely speak, write and publish their senti-
ments on any subject, being rf^sponsible for the abuse of that right; and
no laws shall be enacted to restrain or abridge the liberty of speech or
of the press.
790 . PROCEEDINGS OF THE
Sec. 8. In prosecuiions for the publication of papers. investiga':ing'
the official cuuduct of officers or men in public capaoit}^ or Avlien the
matter published is proper for public information, the truth thereof may
be given in evidence ; and in ail indictments for libel, tlie jury shall be
the judges of the law and the facts.
Sec 9. No person shall bo deprived of the riglit to woi-ship God ac-
cording to the dictates of his own conscience; Provkhd, Tliat the liberty
of conscience hereby declared shall not justify practices inconsistent with
the peace and moral saiety of societ}'.
Sec. 3 0. No form of religion shall be e.stablished by law ; but it shall
be tho duty of the General Assembly to pass suitable laws to protect
every religious denomination in the peaceable enjoj'meBt of its own mode
of worfeliip.
Si-X!. 11. The right of trial b3' j^i'y shall remain inviolate.
Sec. 12. No person shall bo disqualified as a witness, or be prevented
from acquiring, holding and transmitting property, or be hindered in
acquiring education, or be liable to any other punishment for any olFence,
or be subjected in law to any otliev restraints or disqualifications in.
regard to any personal rights than such as are laid u]wu others under
like circumstances.
Sec. 13. No person shall be held to answer for any crime or offence,
until the same is fully, fairly, plainly, substantially and formally de-
scribed to him ; or be compelled to accuc-e or furnish evidence against
himself ; and every person shall have a right to produce all proofs that
juay be favorable to him, to meet the witnesses against him face to face,
to have a spe<^dy and public trial by an impartial jury, and to be fully
heard in his defence by himself or by his counsel, or by both, as he may
elect.
vii-/\ ll. No person shall bo arr<^sted, imprisoned, despoiled i;»r dis-
post'essed of his property, immunities or privilr ges, put out of the pro-
tection of the law, exiled or deprived of his life, liberty, or estate, but
by the judgment^ of his peers, or the lavs^ of the land. And the General
Assembly shall not enact any law that shall subject any person to pun-
ishment without trial by jury ; nor shall he be punished but by virtue
of a law already e&tabiished, or promulgiited prior to the olTence, and
legally applied.
Sec. 15. All Courts shall be public, and every person, for any injury
that ho may receive in his lands, goods, person or reputation, shall have
rcmodj' by due course of law, and justice administered without unne-
cessary delay.
Sec. 10. All persons shall, before conviction, be bailable by sufficient
sureties, except for capital offences, when the proof is evident or the
pro'mmption great ; and excessive bail shall not, in any case, bo required,
nor corporeal punishment inflicted.
Sec (7. The privilege of tho writ of Habeas Corpus shall not be
suspended, except when in case of insurrection, rebellion or invasion,
the public safety may require it.
Sec 18. No person, after having been once acquitted by a jury, shall
again, for the same otienee, bo put in jeopardy of his life or liberty.
Sec. 19- All offences less than felon^', and in which tho punishment
COXSTITUTIuNAL OG_\VENTION. 791
does not exceed a fine of one hundred dollars, or iiupi-isoriment for thirty
days, shall be tried summarily before a Justice of the Peace, or other
ofhoer authorized by law, on information under oath, without indictment
or 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
oifenee, unless onpresentment of a Grand liurj', except in cases arising
in the lind and naval service, or in the militia when in actuLil service in
time of war or public danger.
Sec 20. No person ahall bo 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 the payment of such obligations as are provided for in this
Constitution.
Sec. 2L No bill of attainder, ex post fc do law, nor any law impairing
the obligation of contracts, shall ever be enacted; and no conviction
shall work corruption of blood or forfeiture of estate.
Sec. 'I'l Ail persons have a right to be secure from unreasonable
eearohes or seizures of their persons, houses, papers or possessions.
All warrants shall bo supported by oath or affirmation, and the order of
the warrant to a civil orhcer to make search or seizure in suspected
places, or to arrest one or more suspected persons, or to seize their
property', shall be accompanied with a special designation of the persons
or obje<;ts of search, arrest or seizure ; and no warrant shall be issued
but in the cases, and with the formalities prescribed by the laws.
Sec. 23. Private property shall not bo taken or applied for public
use, or for the use of corporations, or for private use, without the consent
of the owner sor a just compensation being made therefor ; provided^ hoto-
evcr, that laws may be made securing to persons or corporations the
I'ight of way over the lands of either persons or corporations, and, for
works of internal improvement, the right to establisli depots, stations,
turnouts, etc ; but a just compensation, shall in all cases, be first made
to the owner.
Se.c. 24. The power of suspending the laws, or the execution of the
laws, shall never be exercised but by the General A>;sembly, or by au-
thority derived therefrom ; to be exercised in such particular cases only
as the General Assemblj' shall expressly provide for.
Sec. 25. No person shall, in any case, be subject to martial law, or to
any pains or penalties by virtue of that law, except thoao emploj/ed in
the army or navy of the United States, and except the militia in actual
service, but by authority of the General Assembly.
Sec 2G. In the government of this Commonwealth, the Legislative,
E.-iecutive and Judicial powers of the Government shall be forever sepa-
rate ami distinct from each other, and no person or persons exercising
the functions of one of said departments shall assume or jlischarge the
duties of any other.
Sec. 27. The General ARsembi}- ought iTcquently to assemble for the
redress of grievances, and for makmg new laws as the common good may
require.
Sec. 28. 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,
792 PROCEEDINGS OF THE
they ought not to be maintained Tvithout the consent of the General
Assembly. The military power ought always to be held in an exact
subordination to the civil authority and be governed by.it.
Sec. 29. In time of peace no soldier shall be quartered in any house
without tho consent of the owner ; and, in time or war, such quarters
shall not be made but in a manner prescribed by law.
Sec. 30. No person who conscientiously scruples to bear arms shall
be compelled so to do, but he shall pay an equivalent for personal
service.
Sec. 31. 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 ofScers and be elected to
fill public office.
Sec 32. No property qualification shall be necessary for an election
to or the holding of any office, and no office shall be created, the appoint-
ment to which shall be for a longer time than good behavior. After the
adoption of this Constitution, any person who shall figlit 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 33. The right of sufrage shall be protected by laws regulating
elections, and prohibiting, under adequate penalties, all undue infiuences
from power, bribery, tumult or improper conduct.
Sec 34. 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 laud or the
judgment of his peers.
Sec. 35. Temporary absence from the State shall not forfeit a resi-
dence once obtained.
Sec 36. All property subject to taxation shall bo taxed in proportion
to its value. Each individual of society has a right to be protected in
the enjoyment of life, liberty and property according to standing laws.
He should, therefore, contribute his share to the expense of his pretection
and give his personal service when necessary.
Sec. 37. No subsidy, charge, impost tax or duties shall be estab-
lished, fixed, laid or levied, under any pretext whatsoever, without the
consent of the people or their representatives lawfully assembled.
Sec 38. Excessive fines shall not be imposed, nor cruel and unusual
punishment inflicted, nor shall witnesses be unreasonably detained.
Sec 39. No title of nobility or hereditary emolument shall ever be
granted in this State. Distinction on account of race or color, in any
case whatever, shall be prohibited, and al! classes of citizens shall enjoy
equally all common, public, legal and political privileges.
Sec 40. ,Ail navigable waters shall remain forever public highways,
free to the citizens of the State and the United States, without tax,
impost, or toll imposed ; and, no tax, toll, impost or wharfage shall be
imposed, demanded or received, from the owner of any merchandize 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 au-
thorized by the General Assembly.
OOXSTITUTIOZirAL CO>(YKNTl(j;!f. 793
Sec. 41. The enumeration of Eights in this Constitution slialKnot'be
construed to impair or deny others retained by the people, and all powers
not herein delegated remain with the people.
On motion of E. C. DeLAEGE, the vote whereby the above was
passed was reconsidered, and the motion for reconsideration laid on the
table.
Legislative Depaktiiemi.
Mr. E. W. M. MACKEY called up for a third reading the report of
the Committee on the Legislative Department, and sections one and two
■were passed.
Mr. N. G. PAEIvER moved that section three bo recommitted to the
committee, with instructions to provide for the formation of anew county
from the contiguous portions of Barnwell, Edgefield, Lexington and
Orangeburg.
Mr. E. B. ELLIOTT. I hope the members will vote in favor of
recommitment. It is important that this question should bo settled here.
I would like to ask the gentlemen of the Convention to bear with me
while I give my reasons.
The hour of adjournment having arrived, the Convention adjourned to
three P. M.
AFTIilRJSrOOjSr SESSION.
The Convention met pursuant to adjournment, and the unfinished
business, being the report on the Legislative Department, was resumed.
Mr. E. B. ELLIOTT, who was speaking at the hour of adjournment,
on the motion to recommit section three, resumed his argument, and
said:
As the judicial system of the State is now to undergo a revision, we
deem this a fitting opportunity for presenting the claim of the citizens of
those portions of Barnwell, Orangeburg, Lexington and Edgefield Dis-
tricts, lying contiguous to each other, for the establishment of a new
district, with a court house to be located at Aiken.
Eor forty years past it has been the desire of the people of this sec-
tion to have these large and cumbrous districts divided, so as to afford
them additional judicial facilities. Memorial after memorial has been
794 PllOCEEuLNC.-? CF TxiiT
presented to t'ue rarioas Lcgiglaturoa GnaTaillngly ; still thcj Lave per-
sisted in their eiforts, Jiopirig- ultimately to succeed.
The aggregate eise of the four districts, from whoao territory it is pro-
posed to form the new District of Sumner is nearly 0,000 square miles,
haying a population in I860 of over l!JO,000 inhabitants, or more than
one-seveitth, the total popujalion of the State: $1,200,000 was then
employed in inauufactures. and wares to the amount of $160,000
annually prodiiced, profitably employing two thousand operatives ;
50,000 bales of cotton was produced, and animak to the value of
$750,000 slaughtered.
As embodying some of the arguments in favor of the proposed mea-
sure, I append a circular addressed to the members of the Legislature-
in 1856, the citizsns of Aikeu being then desirous of establishing said,
district under the name of Calhoun :
AIKEN, NoTEirsEE, 185G.
Dear Sir : We take the liberty of addressing you on a subject of deep
interest to us, as citizt^ns of South Carolina, and inliabitants of Barnwell
District; and v/ould solicit your attention, whilst wo present, as briefly
and concisely as possible, name of the facts and arguments upon which
our claim is founded.
A Bill will be brought before the Legiialature, at the present session,
for the formation of a new Judicial District, to be composed of portions
of the Districts of Barnwell, Edgefield, Lexington and Orangeburg/
with the town of Aiken as the centre. We beg you to obs^erve that
the object of the Bill will be the organi;?ation merely of a Judicial Dis-
trict. We are well aware that many grave considerations might be
urged against the project of establishing an additional Electoral District.
We would, howevei', expressly disclaim any snch purpose as this. Wo
do not propose to disturb the balances and compromises of the Consti-
tution, or to innovate upon the principles on which, under our organic
law, are based the right and ratio of repi'esentation in our State Legisla-
ture. In this matter, we claim to be conservatives— we are quite con-
tent that the political relations between the several sections of our State
should remain as they are, and are no agitators in behalf of any scheme
of Parliamentary RcfGrm in South Carolina. Our sole object, we
repeat, is the establishment of another Judicial District^ in order to
relieve ourselves of what we consider to be a grievance and a burden.
Such a measure we now beg leave to recommend very briefly to your
serious and earnest consideration, for the following reasons :
One of the main objects of all political associations, we hold to be the
proper administration of justice between man and man. It is this which
distinguishes the regulated liberty of civilized society from the unbridled
license of savage life; and we must ever regard If- as among the most
eacred duties, as well as the best mai'ks of a good govern aient, to endea-
vor to secure by every means in its power, this inestimable blessing to
CONSTITUTIONAL CONVENTION. 795
its citizens. To effect this, we require not only good laws, correctly
administered, but what is obviously not less essential, that the aggrieved
citizens posses* the privilege of a cheap and easy access to the (Jourts of
Justice. When the appeal to the authorized tribunals is burdened with
heavy costs, and can only be pursued at much expense of time and
money, a judicial system, however excellent otherwise, is to the poor
man — to the man of moderate means — but a solemn mockery, for it
amounts virtually to a denial of justice. In the administration of the
law, we all admit there should be no distinction between rich and poor ;
and it should, therefore, be the paramount aim of every government, not
only in the enactment of its laws, and in the appointment of its officers,
but in the arrangement of its Judicial Districts, to extend the oegis of its
protection equally over all. Under a Government professedly popular
and free, it becomes a solecism of the grossest nature, if, either in what
it does, or what it omits to do, it excludes any class of its citizens from
the benefits of its Courts of Justice, and leaves them in the condition of
outlaws. And least of all, should this disability be allowed to fall upon
the poor — the class which most needs the supporting arm of the Govern-
ment— for while wealth is said to be in itself a tovi'er of strength to its
possessor, according to Solomon, "tho destruction of the poor man is his
poverty." Now, this is substantially the character of the grievance of
which many of tho inhabitants of these districts complain. Living as
they do, thirty, forty, and some even fifty miles from tho respective seats
of Justice, it is utterly impossible for most of them, thus situated, to
afford tho expense of frequent journeys to the Court House, to consult
lawyers and attend to the trial of their causes, with perhaps a long train
of reluct lut witnesses, for whose expense they must also make provi-
sion, independently of lav/ suits, there is also a vast amount of busi-
ness that can be transacted only at the Court House — such ais returns of
trustees, executors, guardians, commissioners, &c. Now, the man of
wealth may afford occasionally to be absent from his home and business
for the requisite time, but the poor man, who earns his bread by the
sweat of his brow, has little time to spare, and every extra day, and
every extra dollar, is a serious loss to him.
To avoid this burden of expense, the only alternative for the aggrieved
is, to submit to the wrong, or take the law into his own hand, and seek
satisfaction in the blood of his adversary, a result pernicious in the
extreme, but we think not mora dangerous to the peace of the commu-
nity than the impunity of the offender, since the tendency of either case
is to subvert the foundation of society. These views apply in force
to the state of things at the present time. The effect of all this cannot
but be to alienate the feelings of many of our citizens from the Govern-
ment under which they live. The sentiment is not less common than
just, that protection and obedience are reciprocal obligations — when the
one ceases, the other is cancelled ; and this may serve to account for the
fact that Barnwell and Edgefield, the tv/o largest Districts in the State,
are notorious for their affrays and homicides, and as long as they retain
their present extent of territory, there will be but little hope of any
amendment.
But the question may be asked, and we allow it to bo strictly relevant
101
7&6 PROCEEDOGS OF TfTE
to' tlie Issue, where is this system of divisiaa and' sub-division of (mr
Judicial Districts to end ? Assuredly some limit must be assigned to*
this process of partition I To this v/e answer, that the expediency of
forming anew District will depend on various circumstancPiS, such as the-
extent, population, wealth, intelligence, and commercial business and
wishes of the citizens embraced within the area of the District which it
is proposed to organize. We are quite willing to submit our claim on
this occasion to any or all of these tests of propriety.
The proposed new District of Calhoun would inchide an area of more
than 700 square miles, nearly $6,000,000 of taxable property, with a
a population of 5 or 6,000 whites, and as many colored persons. It
would contain the towns of Aiken, Hamburg, Graniteville, Bath and'
Vaueluse, and more than a hundred saw and flour mills.
Barnwell would then be much larger than most of the present Dis-
tricts. It would still have about 1200 square miles, with a population
ef 20,000.
According to the Comptroller's report iu 1854, taxes were paid, in this
District on 1,032,750 acres of land, which, after taking into the estimate,,
town lots, water courses, ponds, &c., omitted in this enumeration, and
making allowances for defective surveys, would give us an area of nearly
1800 square miles of territory, being twice as much as eaeh of seventeen,
Districts in the State.
Barnwell District has nearly three times the extent of an average'
county in the older settled States of the Union ; and is larger than the-
State of Rhode Island, which has five countie.^.
The average size of counties in Kentucky is 376 square miles; in
Indiana, 371 ; Tirginia, 444 ; Georgia, 550 ; and Barnwell has over ISOO'
square miles.
When the present population and wealth of Barnwell is compared to
what it was in 1808, the necessity for increased Judicial facilities wilt be
apparent. In a sparsely settled country it was advisable to have an
extended area. Now, that wealth and population have increased, some^
ehange is demanded. Then there was but little busiiress for the Courts y
now a two weeks' term is hardly sufficient to clear the docket. Edge-
field and Barnwell are the only rural Districts which have a two weeks''
term. This fact speaks for itself. Much might be brought to your
notice regarding the ill effects of a two weeks' term, but the fear of tres-
passing on your patience prevents us from dwelling at length on this
subject.
Tiie arguments that were brought to bear during the past session of
the Legislature, in the case of Sumter District, apply with equal force ta-
^is casff.
Upon a question Kke this, necessarily connected with local interests
and sympathies, it is, we think, quite appropriate to consider what is the
voice of the people in those Districts which are to be principally affected
by the passage of the Bill. It, therefore, may not be amiss to state, that
in the late election of the four members chosen for Barnwell, three
declared themselves, during the canvass, favorable to the establishment
ef a new District. In the adjoining District of Edgefield, there is also a
strong: feeling in favor of this measure, so that ©f those who are most
CO>'ST1TTJTrONAL 'CONyE>'TIC^\ T97
-sbncemed, and we may reasonably suppose, best qualified to judge of
the policy of the meastire, and whose views and wishes are, therefore,
most entitled to the consideration of the Legislature, a decided majority
are desirous of forming the new District of Oalhoun.
There are other forcible arguments which we might present^ but we
forbear, believing that you will give this matter due consideration. As
Legislators for the State, the interests of each integral portion demand
your attention, and we respectfully submit our case, with the views we
have taken the liberty to suggest, to the dispassionate and unprejudiced
judgment of the Legislature of South Carolina.
These views, it will readily be conceded, have aa important bearing
an and show the importance of the measure.
1. By it law and justice would be more peTfectly administered, and
lawlessness and crime diminished. Living as the people of this section
■do, from twenty to fifty miles from their respective Court Houses, they
«re virtually without law, for the expenses incident to transacting busi-
ness at such a distance from their homes, induces men to neglect duties
incumbent on all good citizens, and to frequently redress their injuries
•with their own strong arms. Witnesses evade, by every possible means,
■attendance at a distant Court House ■; thus insuificent evidence is ob-
tained to procure convictiorj. Malefactors escape before the proper offi-
•cer can be reached, or when arrested the constables refuse to convey
them to a distant jail, as the fees are not enough to pay the expenses
incurred. The duties of the various commissioners are neglected;
managers of elections refuse to open the polls, and in various ways the
community sufi'ers.
2. That these causes act as an indirect tax, which amount far exceeds
the direct tax levied by law, and which might bo saved by establishing
the additional Distrint.
3. Barnwell and Edgefield are the only rural Districts, whose size and
population require a two weeks' term of the Court, and not unfrequently
•even that extended time is insufficient to clear the docket. Moreover,
the notoriety of these Districts for frays and fights, indicate the effect of
over-large Judicial Circuits.
4. That this policy is in accordance with the experience of all ether
•States, and the custom formerly of this State, as well as with the teach-
ings of the most advanced thinkers of the present day, such as Mill,
Uicardo, McCullock, etc.
5. That it would give a centre to and an impetus in the development
x){ the peculiar interests of this section. Within the praposed limits are
the factories of Graniteville, Yaucluse, Hampton, etc. ; Bath Pa.per
Mills, Kaolin Works, several large potteries, and over one hundred saw
mills. That, as the want of machinery and skilled mecbanics has beea
sorely felt in this State, encouragement should be extended to such en-
terprises, and the establishment of this District is a practical step ia
that direction. Here also are the largest vineyards and. orchards. Any
aneasure which tends to diversify pursuits, and give employment to the
poor and needj., should be carefully caneidered. By this means emigra*
798 FROCEEDIXGS OF THE
tiou from this section would, be checked, and immigration encouraged ;
new channels of industry be opened, wealth and business increased,
and the general prosperity advanced.
Several of the factories have recently been enlarged and improved,
and others are now being built, and it is probable that in a few years
ten thousand persons will be supported by the manufacturing interests
of this section alone. The Ivalmia Mills are intended to employ one
thousand operatives when completed.
The establishment of Sumner District, as proposed, would still leave
Barnwell, Edgefield and Orangeburg, near one thousand three hundred
square miles each, and Lexington near one thousand. A cursory glance
at a map of the State will show the adaptation of the site selected
(Aiken) for the new Court Rouse, being nearly equi- distant between the
present Court Houses of Barnwell and Edgefield, and on the line of the
South Carolina Railroad, so that it is easily accessible from all quarters.
If conservation consists in avoiding extremes, then, in respect to the
size of her Judicial Districts, South Carolina is not conservative, for they
are the largest of any of the older settled States of the Union, averaging
as they do, nearly one thousand square miles each, whilst, for example,
in Kentucky they have only three hundred and seventy-six square miles ;
Indiana, three hundred and seventy-one; Georgia, five hundred and
fifty; and Virginia, four hundred and forty-f jur. Barnwell has nearly
one thousand seven hundred square miles, being larger than the State
of Rhode Island, which has five counties, and fully three times the size
of counties in other States.
CALHOUN.
The boundaries we would propose for the new distz'ict are as follows :
Commencing at the mouth of Fox's Creek, where it empties into the
Savannah liiver, thence in a direct line to where the " Old Ninety-Six,"
or Edgefield and Charleston road crosses the dividing line of Edgefield
and Lexington; thence down said road to where it is intersected by the
road leading to Gfuignard's Bridge, on the Edisto River ; from said inter-
section in a straight line to the mouth of Pond Branch, where it empties
into the Edisto; thence up that stream (Pond Branch) to its head, and
then across to the head of Tinker's Creek, and down the centre of that
creek to where it empties into the Runs; and then down the middle of
the Runs to where it empties into the Savannah River, and thence up
the Savannah River to the initial point.
If these are not weighty reasons which should induce members of the
Convenliun to recommit the third section of the report, with instructions
to the committee to create this county, Jhen no weighty reasons can ever
be brought forward. I say it is the duty of the Convention to regard
the voice of the majority of the people in everj' section of the State. If
there was any objection, I had the best grounds for opposing it. We
should, however, consider the good of the people of every section of the
'G6-:^:sriTUTio]!fi.L convention. 799
State before our own mere personal interest. Prom the portions of the
districts out of which this new district is to be created, Edgefield o-ives
almost everything that will enable this county to support itself. All the
factories, mills, and other manufacturing interests that this new county
will have comes from Edgefield District, and I do not see why gentle-
men who represent other portions of the State, who really know nothino-
of the wants of this section, should object to the measure recornmended
by the representative of the district most concerned.
Mr. L. BOOZER. It has not been my habit to intrude myself upon,
this Convention. I had laid down a rule when I came here not to do
so, and I would not violate that rule if I had not believed that it was
absolutely required that I should do it now. I am surprised by this
propositioru It was understood by the Convention tlaat this matter was
to be left to the Legislature. When this clause in the Constitution was
adopted, that was the understanding of all parties. Now, when we are
about approaching the close of the session, on the third reading of an
article, a motion is made to recommit a section, with instructions to the
•committee to do that which this Convention had refused to do. I am
surprised at the course of gentlemen on this subject. Is there such an
urgency for the passage of this measure now that they cannot wait until
the Legislature assembles, who will have ample power under this very
section to do what these gentlemen propose ? Is there any necessity for
it at this late day of the session, after the question had been already
settled and fairly understood ? I am not prepared to say whether I
should oppose it or not, for my constituents of Lexington have not been
■consulted. It is proposed to disintegrate, to cut off a portion of my dis-
trict without asking the consent of the people. I enter my solemn
protest against it. I have not seen a man from that district who has
been consulted on the subject, and my colleague informs me he has not.
We are a weak district with but two representatives here, while Barn-
well has five or six, and Edgefield seven. They propose to take off a
portion of Lexington District, which now has only two representatives.
Are we to lose a member by this process ? Who is to tell ? The census '
has not been taken, and we have no data. Let it alone as it is ; let the
Legislature act upon it; and when this measure is brought up before that
body, when it is brought before the Legislature with all the proper in-
formation and evidence, then we will be prepared to act upon it.
Tlie question was taken on the motion to lay the motion to recommit
on the table, and decided in the attiimative.
The question then recurred ou tiio passage of the section to a third
reading.
800 PROCEEDINGS OF THE
Mr. J. J. WRIGHT moved that the consideration of the third section
be postponed.
On motion of Mr. E. AY. M. MACKEY, the motion to postpone was
■ laid on the table, and the section then passed to its third reading.
Section four was read, and Mr. C. C. BOWEN moved the following,
which was adopted, and the committee instructed to report on Monday
at ten o'clock :
Hecommit, with instructions to report this section, po as to allow the
County of Charleston the same number of representatives as the pre-
sent District of Charleston and Berkley are allowed in this Convention,
and the names of each county appear with its number of representa-
tives in the Lower House of the General Assembly.
The hour for the consideration of the special order having arrived,
which was an Ordinance to provide for the ratification of the Consti-
tution and Ordinances, and for the election of certain officers.
Mr. L. BOOZER. I wish to inquire whether it is proper now to fix
the time for this election. The Constitution has not yet been adopted,
and, according to my understanding of the reconstruction acts by which
we are governed, thirty days' notice of the election is required.
Mr. E. W. M. MACKEY. The reconstruction acts only require thirty
days' notice of the election should be given after the ratification of the
Constitution. The Commanding General of the military district is re-
quired to give thirty days' notice of the election. We can go on and
complete our Constitution up to within so many days. Unless this Or-
dinance is passed to-day, the military will not have the necessary time.
The reason why the committee fixed the election for the 14th, loth and
16th of April, is that the l-llh is the anniversary of the a&ai-sinatisn of
President Lincoln, the anniversary of the hauling down of the flag of
Eort Sumter, and the anniversary of replacing the flag over Fort Sum-
ter. It was deemed by your committee a most glorious time for holding
the election. It will be of great assistance to our speakers too.
The question was put on the passage of the first section, and decided
in the afiirmative.
Mr. J. M. ALLEN. I move to strike out the words "and Ordinances"
in the section. I think there is no necessity for ' incorporating those
words with it. If the Constitution is rptified, the Ordinances are cer-
tainly ratified by it, and everything is legalized.
Mr. E. W. M. MACKEY. 1 hope that motion will not prevail, as
there is much doubt expressed as to the legality of the Ordinances
passed by this Convention, and in order to put it beyond a doubt, it is
CONSTITUTIONAL CO.VrJS.XTlON. SOI
much better for us to submit the Constitution and Ordinances together.
A great many important Ordinances have been passed by this body*
We have passed an Ordinance nulHfying slave debts ; declaring all such
debts null. 'and void. It will, at least, do no harm to submit the Ordi-
nances of the Convention with the Constitution, and forever place our
acts of legislation beyond any doubt or quibbles.
Mr. A. J. RANSIER. I hope the motion to strike out the words "and
Ordinances" will not prevail. I do not believe any of the Ordinances w^e
have passed here, will have the force of law, unless made part of the
Constitution, to be submitted and ratified by the people. I have heard
it said here that we have no precedent for any such step. It "will be
found, however, that in many of the Scates the Ordiuauces are'made
part of the Constitution.
Mr. J. M. ALLEN. I withdraw the motion to strike out "and Ordi-
nances."
Mr. F. J. MOSES, Jr. I do not desire to do aught to endanger the
Constitution. I desire, as far as possible, to avoid any conflict that
might ensue^betweeu voting upon the Constitution and the Ordinances.
I desire to have the Constitution voted upon entirely separate. I, there-
fore, offer the followiag as an aiaondmuut :
^^ Provided, That thf> nnmmnnf1''n!r G'^norf.l be r^quR'^ted to order sepa-
rate boxes, to be opened for voting upon the Constitution and the Ordi-
nances respectively."
Mr. C. P. LESLIE. I would "like to ask the delegates if they do not
know beforehand what will be the result if these Ordinances are sub-
mitted separately to the people for ratification. Suppose we submit the
Ordinance raising seventy-five thou^^and dollars. Do the delegates
believe the people will ratify that ? — will the people ratify the Ordinance
abolishing debts contracted for slave property ? I have seen men busy
about this Convention, who want this Ordinance submitted separately.
They think it will not have the force or eftect it would have if put in the
Constitution. They say we are authorized to make a Constitution, but
not authorized to legislate. I submit, your only hope or chance is to
submit them in the Constitution. The white people of the State want a
homestead, and they are willing to take and swallow all you have done,
provided, that you put it all together and not undertake to make them
swallow thefpills separately. If you do, you will get the Constitution,
but they will cheat you out of the balance.
Mr. J. M. EUNION. I move the indefinite postponement of the
amendment.
802 PKOCEEDINaS OF THE
Mr. J. M. KUTLAND. I hope the amendment wEI not Be postponed^-
I desire to have this Constitution submitted separately to the people of"
South Carolina for ratification or rejection.
Mr. E. "W. M. MAGKEY. Is not ihe gentlem/an entirely opposed to
the adoption, by the people, of the Ordinance invalidating contracts for
slaves ?
Mr. J. M. RUTLAND: I am, but I am- also in favor of other Ordinances.
As far as my recollection goes, it has always been the rule for a Consti-
tution to be submitted alone. I never heard of a string of Ordinances
tached on and made so much dead weight. Many are opposed to the
Ordinances who favor the Constitution. It is of the utmosi importance
that the Constitution should not be encumbered with any dead weight
whatever : so far as the Republican party is concerned, it does not matter
whether a single Ordinance is ratified. The Constitution is what we
want, and I, for one, am not willing that anything of any sort of dead
weight should, by any possibility, be so attached as to induce a single
vote against it. I would cast my vote in favor of the Ordinances in a
mass, though I do object to some of them, as you all know. But I hope
you will not permit the Ordinances to be tached on and to give others
an excuse to say, we would have voted for your Constitution if you had
not attached to it those Ordinances.
Mr. R. H. CAIN. It appears to mo that the Ordinances passed by the
Convention, were passed for the purpose of laying the foundation tipon
which the Constitution might rest, and if the parties would not sanction
by their votes the Ordinance nullifying contracts for slaves and all the
other Ordinances, they would not accept the work in good faith. The
Ordinances are the ground work upon which we raised our Constitution.
These Ordinances have been discussed and acted upon in good faith, by
the Convention, and passed, as believed, for the well-being of the State.
It strikes me, to say to the people that you can vote on the Constitution,
but you may reject the Ordinances, would be fatal. We suggest the pro-
priety of voting on one part and rejecting the other part of our work.
Mr. N. Gr. PARKER. I do not regard it absolutely necessary to sub-
mit the Ordinances at all to the people. We submit the Constitution to
the people to say whether they will ratify or reject it. The Ordinances
will be enforced by the General Commanding until such time as the new
government goes into operation. I have consulted several legal gentle-
men upon this point, and they have decided the same way. I am, there-
fore, in favor of striking out the words "and Ordinances", and submit-
ting the Constitution just as it is to the people. I move, therefore, to
strike out the words "and Ordinances^"
CONSTITUTIONAL CONVENTION. SOS
Mr. A. J, EA.NSIEE. If the military enforce the Ordinances until
the new government goes into operation, we may certainly leave them,
with the judges to determine their legality.
If WQ submit to the Ordinances, it TSiaj lead to confusion, some fever-
ing one Ordinance and some another. I would not take the least risk of
anything that would endanger tho Constitution, I am not willing to trust
the submission of any Ordinance separately to the people. I know an
Ordinance passed by this Convention, to have any effect or force of law.,
must be approved bj the military, and they will hold good just so long as
the military choose ; but if they rescind Ordinances, it falls. I am in favor
'of every Ordinance passed by ihe Convention becoming a part of the
Constitution. I have never believed that this Convention had legislative
powers, but that our duty was specific te frame a Constitution, and noth-
ing else. Believing, therefore, that tho Ordinances, to have the force of
law, must fee attached to the Constitution, I hope we e-hall make that
necessary provision. My legal friend from Beaufort, has said that suck
^a thing as an Ordinance in a Constitution was unknown to him. I think
if he looks, he will find it In Louisiana, Missouri, Nevaida, ffississippi
;and several other States.
Mr. E. W. M. MLICKEY called for the previous question, which was
sustained.
Mr. E. W. M. MACKEY- I hope the motion to strike out the words
■" and Ordinances," will be voted down. The gentleman from Barnwell
^Mr. PARKER) says it is not absolutely necessary to submit the
Ordinances with the Constitution. That may be ; but it will not be de-
mied that much doubt has been expressed as to the validity of all the
Rrdinances passed by this Convention. I regard it as much better for
=aH to su'bmit the Ordinances along with the Constitution, and ensure
their ratification.
Mr. N. <3r. PARKER. My ohjecft is simply te avoid ail risks to the
•Constitution that might be incurred by attaching the Ordinances,
Mr. E. W. M. MACKEY. The fear is that many persons opposed te
the Ordinances may vote against the Constitution. All those in favor of
•abolishing debts ■contracted for slaves, and those in favor ■of a home-
stead, will vote for the Constitution if those Ordinances are attached^ ■ss
that if we lost one vote, we would gain two, or perhaps mov-e. We
might, perhaps, gain four or five thousand, votes. Would it not be bet-
ter to place the question of tho validity of these Ordinances beyond
litigation in our State Courts by having them ratified by the people. I,
therefore, hope the motion to s^triko out the words " and Ox-dioiajicei*
will be voted down.
^02
804 PROCEEDINGS OF THE
The question was taken on the motion to strike out the words "and
Ordinances," and decided in the negative.
Section two then passed to its third reading.
Section three passed to its third reading without debate.
Second four received its second reading.
Mr. T. HURLEY moved to amend by striking out afcer the word
appointed, the words "to consist of Messrs. E. W. M. Mackej, F. L.
Cardozo, A. J. Eansier, and C. C. Bowen," and to insert " of two per-
sons in the district, who shall not be candidates for any office at the time
of the ratification of this Constitution."
Mr. B. F. WHITTEMORE moved that the amendment be indefinitely
postponed.
Mr. B. E. RANDOLPH. With all due respect for the gentlemen
■whose names are mentioned here, I would like to ask as to the propriety
of candidates for ofilce being commissioners of elections, or being inter-
ested in them personal!}'".
Mr. E. L. CARDOZO. I simply would say that it is necessary for the
Board to reside in Charleston, in order to be in constant communication
with the military commander. The Convention, if it deems proper, can
erase those names and substitute others, but some board is necessary, and
is requested by the General Commanding the military department. My
name has been used without my knowledge. It has not been the result
of any consultation with me. I am no candidate for office.
Mr. B. E. WHITTEMORE. This is simply to be an advisory board
for the military authorities. As I understand it, these commissioners
are to consult the different delegations, and obtain information from all
sections of the State, then to act and advise with the military authori-
ties. I hope the amendment will be indefinitely postponed.
Mr. E. J. MOSES, Jr. I hope this section will pass as reported from
the committee. The object of the committee has been to roport an Or-
dinance for the purpose of carrying through the next election in the best
manner possible. After a long consultation, they came to the conclu-
sion they could devise no better plan for the success of the next election
than to send in the Ordinance now under consideration. I am gratified
to find that the committee have recommended the names of the gentle-
men designated in the fourth section. This idea about their being can-
didates for office is one which I hope the Convention will not entertain
for one moment. Their office will be in connection with the office of the
Commanding General in the City of Charleston. The Commanding
General has requested that an Ordinance embodying these features
should be passed by this Convention. These gentlemen, as has been
CONSTITUTIONAL CONVENTION. 805
said, will sit simply as an advisory board with the Conamanding Gen-
eral. They are to nominate, on consultation with the different district
delegations, managers of elections for the various counties in the State,
and the Commanding General in accordance with their recommendation
will appoint.
Mr. E. W. M. MACKEY. As my name is mentioned in this section,
I rise to say that I have no particular desire to be a member of the
Board of Commissioners, and if the Convention think best, will cheer-
fully give way to my friend from Berkley (Mr. HURLEY). .With refer-
ence to the Ordinance and the Board itself, I would say that the matter
has been delayed on account of the sickness of General Canby. The
Ordinance, as submitted to him, meets with his approval. He desires
that a board shall be created and located at the Citadel, so as to be able
to consult Y.dth the military at all times, in regard to the appointment of
managers and everything else necessary for the successful ratification of
this Constitution.
The question being put on the indefinite postponement of the amend-
ment of the gentleman from Berkley (Mr. HURLEY), it was decided
in the affirmative.
Section four then passed to its third reading.
Section five Avas read, and Mr. T. HURLEY moved to strike out
the section, which was rejected, and the section passed to its third
reading.
Sections six and seven were passed to a third reading.
Section eight was read, and Mr. C D. HAYXE moved to strike out
the section.
Mr. J. M. RUNION moved to strike out "five" and insert "three,"
which was not agreed to.
A motion was made to strike out "fivo" and insert "four," which waa
not agreed to.
Mr. B. F. WHITTEMORE moved to indefinitely postpone the motion
to strike out the section.
Mr. W. E. JOHNSTON moved to lay the motion on the taiale, which
was agreed to.
The question recurred on the motion to strike out the section.
Mr. W. B. NASH. As the Convention has decided to create the
board, I certainly think we should be generous enough to pay the
members composing it for their services. I was opposed to the section
creating a Board of Commissioners, but after it has been adopted and
gentlemen are to be employed, I think they should be paid whatever
their services are worth. They will certainly earn five dollars a day.
806 PIiOCBET:)i:TtfS OF THE
Besides they will have clerts, and if they perform their duty just about
one-half a& they ought to, they -vrill probably hare more than they ean
attend to.
Mr. C P. LESLIE. I desire to say a fe-w words on this matter,
Alabama, before submitting her Constitution, passed a similar Ordi-
nance to this, with the exce^rtiou that it provided no compensation to any
commissioner. It did provide, that the clerical force of the board should
be paid. Why should we adopt a different rule ? There is no objec-
tion to carryiug out this Ordinance, or doing whatever is necessary, in
order to enable the Commission appointed to carry out the election It
appears strange, however, that the gentlemen who reported this Ordi-
nance have added, somehow or other, perhaps unintentionally, for I do
not think a man from Charleston cculd do a thing of this kind, two more
as disinterested men as there are in the whole country, and they all had
to be from Charleston. Why, in the world, could not one or more just
as well resided at Columbia ? But, what I desire particularly to ask is,.
why could not two good men have performed this work as well as four ?
What in the world have they got to do ? A clerical force is provided
for, and it does really appear, as if two would be sufficient. It may be
necessary to give somebody an ofSee, but I tell you it is one- of those
private things that we do very reluctantly.
Mr. F, E. WILDER. Don't you think these plans could be carried
out better with four than with two, provided one was accorded to each
Congressional District ?
Mr. C. P. LESLIE Certainly, that is an excellent suggestion.
Mr. CAIN. It appears to me this Ordinance authorises a great amount
of work to be done. As one of the committee that reported that Ordi-
nance, I can say we considered it in all its phases. We considered that
the members of the Convention were now receiving eleven dollars a
day, in bills receivable, eoual to eight or nine dollars in United S'tate*
currency, and arrived at the conclusion that five dollars a day for each
member of this board would not be too much. The commissioners will
have to devote their whole time to the work, and have but thirty days
in which to arrange all matters connected with the elections. We desire-
to have the work well done. There is much at stake in this coming
election, and I think we ought to place all the power we can in tho bands
of this board. I am willing to pay them generously, in order to have
the work properly and fully performed. The Commanding Gfeneral has
requested the establishment of this board, and deems it imperative that
the parties composing it should reside in Charleston. I hope the seetioa
will be adopted.
CONSTITUTIONAL CONVElfTIOjr. 807"
On the question being taken, the Convention refused to strike out, and
the section passed to its third reading.
Sections nine and ten were passed to a third reading.
Mr. E. W. M. MACKEY moved a suspension of the rules to enable
the house to put the Ordinance on its third reading, and the motion, be-
ing decided in the affirmative, the Ordinance was read a third time by
the title and passed.
It was moved to reconsider the vote just had, and to lay the motioa
ou the table. Adopted.
The Convention then adjourned.
FORTY-SIXTH D..^Y.
Monday, March 9, 1868.
The Convention assembled at 10 A. M., and was called to order by
the PEESIDENT.
Prayer was offered by the Eev. B. E. WHITTEMOEE.
The roll was called, and a quorum answering to their names, the
PEESIDENT announced the Convention ready to proceed to business.
The PEESIDENT announced, as the first business, the special order
for the consideration of the Ordinance for a division of the State into
Congressional Districts.
Mr. N. G. PAEKEE. I move a suspension of the rules for the pur-
pose of reconsidering section three of article two on the legislative
part of the Constitution, which passed a third reading last Saturday,
The motion to suspend was agreed to.
Mr. N. G. PAEKEE. I move that section three of the legislative
report be reconsidered for the purpose of placing it once more in the hands
of the committee, with power to examine the voluminous papers in ref-
erence to the formation of a new county out of Barnwell, Lexington,
Edgefield and Orangeburg, received since the section was passed. It is
tiot often we have such an opportunity as is here offered by the forma-
tion of a new county to benefit seventy thousand people.
Mr. E. W M. MACKEY moved to lay the motion for reconsideration
on the table, which was not agreed to.
Mr. L. BOOZEE. I am opposed to the amendment to reconsider,
on the ground that we have much more important business before us
808 rKUCEED12<(iS OF TJIE
than the formation of a new district. The question has been disposed
of twice before by the Convention. I desire, and it is no doubt the
wish of a great majority of the Convention, to refer the subject to the
Legislature, where it will receive a fair and full hearing. Lexington is
a portion of the county out of which this new district will, be formed,
and my constituants have not been consulted. I protest against the
mutilation and disintegration of Lexington District before the voice of
the people has been heard on the subject. I move that the motion to
reconsider be laid on the table.
The motion was agreed to.
The next business was the consideration of "an Ordinance to divide
the State into Congressional Districts."
Mr. C. M. WILDER moved to amend by striking out from the third
Congressional District the County of "Richland" and insert "Fairfield"
and to strike out "Fairfield" from the fourth Congressional District and
insert "Anderson" and to strike out "Anderson" in the Third district
and insert "Fairfield."
Mr. B. BYAS. I hope the amendment will not prevail. The Com-
mittee have given this subject the most careful attention, and I think
we should abide by their report. They have considered all the points
involved, and their judgment in the matter should certainly have great
weight. Probably the amendment might be the means of casting a few
more votes in Richland District, but I do not think it would be wise to
reject the report. Until a division of the State is made, under Congres-
sional provisions, I think we can get along very well with the report of
the committee.
Mr. W. B. NASH. I hope the amendment will prevail. The gentle-
man from Berkley (Mr. BYAS) thinks the committee have done well ;
I entertain a contrary opinion. They have not given any reasons why
our district should be divided. I also believe that the delegates from
our part of the State know best what is for our welfare, as surely as well
as the gentleman from Berkley (Mr. BYAS), or from any other section of
the State. We are not willing for our district to be divided. We want it
to stand just as it is, with Fairfield in the third. I hope the Conven-
tion will not divide our district without our consent.
Mr. E. B. ELLIOTT. I hope the amendment will prevail. It may
suit one district to have the section as it stands, but on the other hand,
it does not suit five others. The district I have the honor to represent
is as large as any other district in the State. I am unable to perceive in
what way the division, as reported by the committee, will benefit us. I
find that those who are most clamorous in the desir© that this section
OOXSTITUTIOXAL CX)NV«XTION. 800
should go as reported, are not those who are interested in the district,
or reside anywhere near it, and I think it the duty of the Convention to
regard the voice of those most immediately interested. It is the desire
of the delegations from those respective districts, which comprise the
Third Congressional District, that the amendment of the gentleman from
Eichland (Mr. WILDER) should prevail.
Mr. B. F. E.ANDOLPH. This matter of re- arranging Congressional
Districts was referred to a committee, which we supposed thoroughly
understood the matter. That committee has had the subject under
consideration, and made their report. I hope the Convention will adopt
the report of the committee without amendments. It would not be wise
for me, nor do I think it necessary to give the reasons why the com-
mittee arranged the districts as they are, and made their report accor-
dingly. The matter is known to you all, and that is sufficient for me to
say this much to you. I shall vote for the arrangement as reported by
the committee, for reasons best known to all.
Mr. R. SMALLS moved that the amendment be indefinitely post-
poned, which was not agreed to.
Mr. W. J. WHIPPER. I am glad that the motion to postpone
indefinitely has not prevailed, and I hope the amendment will not be
adopted. I was one upon that committee. There is in thg new
arrangement a majority of loyal voters in every Congressional District.
If the change is made, proposed by this amendment, you give the Fourth
Congressional District a disloyal majority of sixteen hundred. If that is
the desire of this body, or those who favor the amendment, then
make it, but if you would preserve a loyal majority in each Congres-
sio ual District, adopt the Ordinance as it came from the committee.
Mr. C. C. EOWEN. I certainly have no individual or selfish interest
in this matter. A committee has been appointed to draft an Ordinance,
and they have presented the result of their consultation to this body. I
hope the Convention will adopt the report. I claim to have a common
interest with the balance of South Carolina, and when it is evident, by
the proposed amendment, to deliver into the hands of the opposite party
one member of Congress, I must say I protest against it.
Mr. A. BRYCE. Who is the opposite party ?
Mr. C. C. BOWEN. I know of but two parties in South Carolina —
the Republican and the Democratic party. There is legally no objection
to the Ordinance presented by the committee. No county is separated
from another. These are all adjoining, and everything has been done
required by any custom or rule whatever. I think it due to the people
of the State at large to adopt that report. We have no business to
810 PROCEEDINGS OF THK
jeopardize the interests of any class of loyal voters iu the territosy over
which they have control. I hope the amendment will be voted down.
The question being taken on the amendment of the member from
Hichland, it was decided in the negative.
Section one then passed to its third reading.
Section two passed to its third reading without debate.
Mr. J. J. WEIGHT. I move to strike out the third section. In all
our deliberations it becomes us to review the past and look well to the
future ; to understand perfectly as near as possible what we are doing.
I have no doubt gentlemen will differ with me, but I believe the view I
take to be correct. The third section reads as follows :
Section 3. At the first election under this Constitution, two represen-
tatives shall be elected at large on the State ticket, to represent the over-
plus of our population. Should they obtain seats, they shall continue
to be so elected until the new apportionment after the census of 1870.
The Congress of the United States is composed of a certain number of
Representatives and Senators, and that number is fixed by law, which
remains as such until it is changed upon the statute books. The appor-
tionment of representatives to Congress is mada by the Congress of the
United States itself. It may be that South Carolina will have six repre-
sentatives in the Lower House of Congress, or she may not. It is to be
determined by Congress, after the State is re-admitted to representation
in Congress, and a new apportionment is made in 1870. It will, per-
haps, be remembered that this matter came up for oonsideration in
Congress upon a bill which was introduced, providing that South Caro-
lina should elect two representatives for the State at large. The bill
failed.
A MEMBEE. That bill was withdrawn.
Mr. J. J. WEIGHT. I consider it equivalent to a failure. There is,
united and sitting together, a body of wise men in Congress, who are
working for the general welfare of the people of the United States.
They are looking to South Carolina, and are willing we shall have all we
are entitled to, and if they had thought it proper to give us two repre-
sentatives at large, the bill introduced would have passed. I simply
desire that we shall not attempt to arrogate to ourselves any privilege
that may be denied by Congress. I believe if we elect two representa-
tives of the State at large in the coming election, they will not be per-
mitted to take seats upon the floor of Congress as representatives. I
am not anxious to have this done. If we have two men in South Caro-
lina who possess the requisite ability to take seats at large in the House
CONSTITUTIONAL CONVE^fllON. 8il
fifKepresentatiTes, let us have their services ^WK&Ve' i^e" Vhaw^they*are
most needed. I am told there are memb«r3 of the Convention who
have addressed members of Congress upon the Subject, and that the
reply has been that they did not believe members at largo -wauld be ad-
mitted a^ represeatatives. We had better' not tiudertake to elect any
such represenatives. We can ^et along without it ; we must not be too
eager for power. We are entitled to four, and the reconstru'ction act
allows lis as'inariy Congressniei'as it^re entitbd id. 1860". Uittil a nevf
apportidnoieht is made, or Congress sees proper to give the State of
8ou>fch Carolina ane or more members, we should be content, and not
clattir seats upon the floOr of Congi'ess for twb "tobt'itf 'memhefs' thaW
allowed by the reconstruction act. ■. it; - t ■• ^ -j ;: iT»
Mr. B. O. DUNCAN. It was not the'objecto^thisOrdifaan'ce'^lfo arro-
gate to themselves any privilege which we did hot have, or cImoi fights
which we are not entitled to. Our population entitles us to six 'represen-
tatives in the Lower House. When the apportionment was made, we
were entitled to but four members of Congress, because two-fiths were not
entitled to representation at all. That is not the case now ; we are en-
titled to the represeutation of our entire people. By special act of Con-
gres.s, of 1860, we have four members of Congress. As the gentleman fromf
Beaufort (Mr; J. J. WRIGHT) has very properly said, Congress has this^
matter in its o'wh hands and can change that apportiotiment. Congresar
is composed of two hundred and forty-one members. Under the appor-
tionment, South Carolina at present is allowed but four ; but if G'ongressf
sees fit t6 '^iv^'tii^ mofy, that body can rot'y easily makethe changdi^"^"'^^
Mr, Stevens* plan, as proposed by him, was exactly in accordance -(viia
this part of -the report. Fur reasons unknown to myself, he withdre^
thait'pfah, |>y which we would have' been'^enai>led,"'to'haViWbT4i&d^'"^^
two other tnembers to wbich we are entitled. The dbmmntee le^verv*
f , , ,> ' ."..'■'■,. -ff*
doubtful as to whether they wotfld have the two additional members, s'q-
mey plutjed the matter in a seperate section. • ■ 'iq X.^^ '
Mr. B. BY AS. J hope the section will not bo stricken outj but that
It will be adopted as it came from the committee. I think the committee
have ^howtt wislom in intrcducing, this matter. It is the prerogative ot
all tho States to have such representation on the floor of Congress as is
necessary to defend its rights, and according to the number of its popu-
lation. Some said heretofore, if we disfranchise the black people of
South Carolina 'they would lose a large representation in the House '6?
Representatives. If we enfrancfhise them, tliat will give the negro the
power. Theti they said, we will havB nothing to do with them, we will
Itfecp neutral. ' If "South Carolinai along with the rest of ih6 Sonthettf
10:J
^ nOCSEi)I5G4 OF I'HX
States, had adopted the Constitutional Amendment, they would hare
been represented upon the floor of Congress to-day, and we would not
have had a voice in the matter. The gentleman from Beaufort (Mr. J. J.
"WRIGHT) says that representation is established by law of Congress.
Very true. Congress is the law making power of the land. Is it not,
then, in the power of Congress to pass an act at any moment giving this
State two more representatives upon the floor of Congress. It certainly
can, and I believe it will yet be done. The same gentleman also states
that we want material amongst ourselves. So we do ; but if we elect
these representatives, it is not necessary to send them to Washington
immediately. "We can elect them, and they can stay until Congress de-
cides what representatives to allow us.
Mr. "W. J. WHIPPER. It is true we have been informed from a
public source, that we are not entitled to more than four representatives
in the Lower House of Representatives. It must be remembered, how-
ever, that representation was then based upon a census since changed.
At that time the colored people were only counted as three-fifths ; now
we are entitled to representation for all of them, and that representation
on one hundred and twenty-five thousand voters, entitles us at least to
five if not six representatives. This is the rule both of law and popula-
tion. It was fair to presume, without knowing just exactly what would
be done by Congress, that we would be warranted in electing two repre-
sentatives at large. We did not feel warranted however, in changing
the districts. We knew four would certainly be admitted, and we thought
through their influence, the two others might secure admission. As to
the measure spoken of which was before Congress, 1 need only say that
Mr. Stevens withdrew it to avoid the opposition springing up in his own
ranks, and in order to try to get the measure through some other time»
he was willing to withdraw it. But it shows clearly that Mr. Stevens
thought it was due to us that those unrepresented should be represented.
But we may proceed to elect two members at large, and if they obtain
admission, we will then have the representation to which we are entitled
according to our population. Congress may change the act at any tmie,
and at any rate no inconvenience is likely to grow out of the election of
two members at large of the State. If they do not secure admission, no
harmTs done. If they do, so much the better. ' ' '' ''■"/ *'
Mr. C. C. BOWEN. I hope the third section will not be- stricken
out. I, at one time, entertained a somewhat similar opinion to that of
my friend from Beaufort (Mr. WRIGHT), but, upon examination, I have
changed that opinion. By an act of Congress provision is made for the
adrai«frion of members from Territories. For instaace, a Territory is
♦iOXyTIl^L'TIOXAI- COS'VJiSXTla.X. SIS
entitled to one member. The moment she is admitted as a State, she is
entitled to representation under the act. Suppose these men are elected
at large and go on to Washington. They ask for admission but are not
admitted. No harm is done. They can go home and the State will
have need of their services. If they should be admitted as members of
Congress, then they immediately do us a great deal of good. I, therefore,
hope the section will remain as it is.
^r. Bh. B. ELLIOTT moved tU^ previous question, which was sus-
tained.
The question was taken on the motion to strike out the section, and
decided in the negative.
The Ordinance then passed to its third reading.
Mr. E. W. M. MACKEY, from the Committee on the Legislative part
of the Constitution, to which had been recommitted section four of the
report of that Committee, reported back the same amended.
The section was read, passed and declared an integral portion of the
Constitution.
Sec. 4. The House of Representatives shall consist of one hundred
and twenty-four members, to be apportioned among the several counties
according to the number of inhabitants contained in each. An enume-
ration of the inhabitants, for this purpose, shall be made in 1869, and
again in 1875, and shall be made in the course of every tenth year there-
after, in such manner as shall be by law directed ; and Representatives
shall be assigned to the diflferent counties in the above mentioned pro-
portion, by act of the General Assembly at the session immediately suc-
ceeding every enumeration ; Provided, That until the apportionment,
which shall be made upon the next enumeration shall take effect, the
representation of the several counties, as herein constituted, shall be as
follows :
Abbeville 5, Anderson 3, Barnwell 6, Beaufort 7, Charleston 18, Ches-
ter 8, Clarendon 2, Colleton 5, Chesterfield 2, Darlington 4, Edgefield '7,
Fairfield 3, Georgetown 3, Greenville 4, Horry 2, Kershaw 3, Lancaster
2, Xiaurens 4, Lexington 2, Marion 4, Marlboro 2, Newberry 3, Oconee
2, Orangeburg 6, Pickens 1, Richland 4, Spartanburg 4, Sumter 4,
Union 3, Williamsburg 3., York 4.
The PRESIDENT announced the next special order to be the report
of the Oommitteo on Franchise and Elections.
On motion of Mr. B. C. DeLABGE, the consideration of the special
order was suspended for fifteen minutes.
Mr. R. C. DeLARGE. On Saturday last we passed an Ordinance
entitled, "an Ordinance to provide for the ratification of the Constitution
and Ordinances, and for ihe election of certain officers.'' W^e desire a
9^ • riicjcsKDi^as ,0f ths
f^oop-sideratioii of tkat Ot-dinance, in order -jt^i^mend ia a Baaaaer that I
believe will give mope general satibfactioaj apd place the ratificatiua of
the Oonati'tution beyoad all doubt.
Oa motion of jJj. B. F. WHITTEMORE th« rules were suspended
for thirty minutee. ':,-.■
Mr. E.. C, DeLARGE. I ask leave to inj^dugft^he follewing: . .
We, the People of South Caroliria, in Convention assemoled, do ordain :
Th-dt the s^bond and thiM section*^ of an Oi*dinaoee to provide for the
ratification of the Constitution and Ordinances, and for the election iOf
eeitaiu otficers be and the same are hereby rescinded. ■; r;) 'I'T
I trust that the Convention will agree to rescind tKose two sectiqns.
The object is pot to destroy them entirel}'. "We desire to amend, by
striking' out the words "and Ordinances.V After consultation among "our
friends it was deemed advisable to sulDniit the Constitution f'ree and
untrammelled to the people. We do not wish, by any meai^ure, to place
weapons in the hahds of the enemies of reconstruction, witli which they
might thwart the desires of the loyal people.
Mr. E. W. M. MACKEY. In order to prevent further discussion,
and to meet the views of all parties more generally, I ask leave to intro-
d*iQe an Ordinance amendaftory of the Ordinauce passed la&t Sataijday,
striking^ out the words "and Ordinances" wherever they odour im ttiie
l-a-fter. •■>■ -^ ■ . ' . iiT-^r.
Sines 1 reported the Ordinance, ray views as to the proprietj' of liuD-
mij^ing all uf the Ordinances passed by the Convention to the people
Tjpitlt the, Constitution, have undergone a change. I was of the opinion,
that some of these OrdinancevS would secure us a large numberr of votes,
Bfet^oh fieeount of"the strenuous opposition that has been made here, I
am,.mvself, disinclined to adopt such a course. It has bee^i said l^e^fe,
tha;*: if these Ordinai-ces were bubnutted witli the CouHtitution, members
would be compelled to vot« against the ratificacio.a of that iastruttiOnt.
Thitee' 'are sufficient reftsoas' t& induce me ta offer the following OiJdi-
■V -lio'I »2 yiD6%ii:td\Cf( ,8 floiaTJ
AN OEDTNANCE
^^i^^>i (T^^ OrcHnar.cecntl'icd '"'An Ordinaiic^^o p'fovtffi^i^ "^dfi-
fication of the Constitution /tiid-Ot'dinahc^S^i^n:^ for ^fM^^Siec/^ 6/-
lye, the p'ople of South CaroJJ^^w^ by qur Xlejlfga,{eSj^n QqfvpifM^l
met, do o'dnin : That the afojesaia OrcTinancells s,o aniendfecfaa to strike
(fa*^fife^''^^r<4^^'4rt^-Or4i1<an%t^V'^ih-the foHo^riiTgy^^^ ■' ' ■'■
X'lh the title— ' ' ■< '' - :
i Op the second. Ufj^^ffjejctioaoa^.
CONSTITUTIONAL OOSVENTIOlf. 816
£■ Oa the first line of section two.
On the first line of section three.
On the second line of section three. '"
On the third line of section three.
On the sixth line of «ectix>u four.
Mr. R. C. DeLAEOE. I withdra\(^ the Ordinance offered by mjtelf
and accept this as a substitute. '^
Mr. N. G. PARKER. I hope this amendatory Ordinance will be
adopted. On Saturday I made a motion to strike out the words "and
Ordinances," and after considerable debate, it was almost unanimously
decided that my amendment should be indefinitely postponed. I am
glad to see some persons coming to their senses. Now, I hope to see
this Ordinance pass as unanimously as the amendment was voted down.
1 wish to congratulate members on the disposition they have always
shown, whenever they have found any measure that had been adopted to
be wrong, to turn right square about and set things right again.
Mr. B. F. WHITTEMORE. I was well aware that the members of
the Convention, when this Ordinance passed oa Saturday, had not given
it that considerfttion which its importance demanded. There is, probably,
not one on this floor but is anxious when the Constitution is submitted to
the people to have it ratified. 1 believe it will be ratiiied. There are some
members who have been compelled, from conscientious scruples, to vote
against some of the Ordinances, as they have arisen from time to tinie.
They have been consistent in their action. If we append the Ordinance
to the Constitution when it is submitted to the people, they would again
be compelled to vote against that Constitution. I believe no gentleman
here desires to place that instrument in such a position that even mem-
bers of the body will be compelled to vote against it. I look upon this
matter as very important, and am glad that the committee have reported
this morning against the adoption of the Ordinance with the words
" and Ordinances." I trust the good sense of the Convention will be
exercised, and that each and every man will vote for striking out from
the Ordinance the words the committee desire.
.. i\Ir. B. F. RANDOLPH. The substitute for this Ordinance proposes
to etrike out the words *' and Ordinances." I am <»ppo8ed to that f9r
various reasons. These Ordinances have been passed by this Conven-
tion, and it is not right for the members now to go back upon them,
and to do what would appear to be an aot of -nullification. The argu-
tfient of the gentleman from Darlington, is tha-t there are certain dele-
gates 'to the <Jocy0ati^n who are ct^^po^ed to th^se ^dinanoes ; that tbey
810 *■-* 'PROCEEDINGS OF THK
voted against them, and cannot now conscientiously vote for them, ^hem
the Constitution is submitted to the people for rati6cation.
Mr. N. G. PARKER. I desire to state, I voted for every Ordinance-
Mr. B. F. RANDOLPH. The gentleman from Darlingto-s favors th&
substitute for the reasons I have stated. Then there are delegates^ upon
the floor ot the Convention who voted against diflFerent section* of the
Constitution ; sections in the Bill of Rights and other articles. These-
sections are part and parcel of the Constitution. According: to ths' g:eii-
tleman's argument, those who voted and argued against certain sectio-ns,
cannot now vote conscientiously for the Constitution, and they oauisfi go-
back to their constituents, and induce them also not to vote for the Con-
stitution, because they are opposed to certain sections.
Mr, B F. WHITTEMORE. I rise to a point of order. The genilqi
man from Orangeburg is accusing the gentleman from Darlington oS aa
intention to go b^ck to his constituents^ and induce them not to vote for
the Constitution. . . ,
The PRESIDEISTT. ""i^iie point of "order is "not sustained, '"^t vonld
be ia problematical matter as to what the gentleman from DayUngton
will do, and the gentleman from Orangeburg is entitled to his theory.
Mr. B. F. RANDOLPH. I said that according to the gentlenian'*
argument, the members who voted against certain sections and certain
amendments would not vote for the Constitution, and, as a matter of
course, would not advise their con.stiluents to vote for it. I did not
charge that the gentleman from Darlington would do so. If w© are going-
to vote for the Constitution, we may as Veil vote for the Ordinances. If
the Ordinances do not accompany the Constitution, it would only compli-
cate matters in such a way that the great mass of people will not under-
atand it. ■. Jti...db,.riii laii ., i,I,.j o rr. .-. ,i.. m; ,
Mr. R. C. DeLARGE. I desire'^o'fesk "fhe'getiWiiian'Whethferj'-if'tKls
Convention should pass an Ordinance of a legislative character, it would
have any more validity after submitting it to the people than before ? • ''
Mr. B. F. RANDOLPH. Of course it would, and I suppose the gen-
tleman knew it. I have before me now Ordinances which were ratified
with the Constitutions of other States, and are as legal and binding as the
Cbustitutions themselves. To all intents and purposes South CoroUna i»
still a Territory ; and, like eleven other States, will be so regarded until
they are re-admitted to representation on the floor of Congress. In this
attitude they may, with perfect propriety, vote for these Ordinances. I
claim, therefore, if the' Ordinances are submitted at all, they should be
submitted with the Constitution, or the voters of South Carolina will
fiot underatand for what tkey ar« voting- They are as much a law of
COSSTITUTIOXAL C'O^CTESXION. f^%
the State as tli^ Constitution- itself. They are but clauses of the Consti-
tution under another name, and I see no reason whj', in their present
shape, they can endanger that instrument. There are certain gentlemen
opposed to invalidating blave debts ; but this Convention has passed
just such an OrdiDance, and, for one, I am in favor of submitting it to
the people. Ijh(3pe,,t,J?t(^pfor%,^h^r'^of;i8 "and Ordipa^c!^!' will not be
stricken out-,,,. ,., r,i n-rr-Ah '\,m'i '^tn^"} » m- >f— ,^ ■
Mr. WILDER. I have not risen to make a speech, but simply to sug-
gest one oj* two plans. In my judgment this Ordinance should go with,
the Constitution The question has arisen which policy is best ? I aox
decidedly of the opinion that this Ordinance, if attached to the Constitu-
tion, will prove a great wedge with which we shall break asunder the
opposite party. There are many mei^ "who intend to vote against thia
Constitution under any circumst- nces ; but chiefly because it was drawn
up by the ring streaked-and-striped Convention. There are a great many
parsons who will be benefited by the passage of this Ordinance ; as for
instance, those who have been relieved from debt ; and from this class
we shall receive a strength which we cannot obtain from the Constitution
alone.
The hour for the special order having arrived, Mr. B. F. BANDOLI'tt
moved that the rules be suspended until the Ordinance was disposed of^
sC
which was agreed to.
° ' oui.:,.i; .^. I'.; \ <ji]?
Mr. J^ S. CRAIG. I rise simply to say that I will not vote fear angr- ^
tiling in di feet conflict with what I conceive to be the law of the land.
If you want to kill this Constitution, add to it these Ordinances, and you
will not only compel a number of the , members of this Convention tO'.
vote against that in8trumeati,,but thousands of people throughout the
State will either vote against the Constitution or remaia away from th©
polls.
,,^Tf,y^^s,^^^ WHIPPEE. , • I »in opposed to submitting; these 0rdlDa^ce9
to tlie people. They woire adopted by the 0 »nvention in a purely legis-
lative capacity ; they are themselves strictly legislative, and not a portion
o^fthe organic law which we have been called here to create,^ hence they
atre 8Mly.»>ct to the action of a future Legislature. It is not proper that?.
theyjKlu>\ild be submitted to the people for ratificatiou ; because., being-
matters purely within the control of the people, they must be modified,
or changed at their pleasure. There are some of these Ordinances -vyhich
are not likely to be aflFected by legislativp action, but there jare others
which undoubtedly will be changed by the next body which assembles ia
this city fp a ,represent9,tive cj,pacity. It is, .therefore, unwise as well as
unnecessary to declare them a portion of the jprganio law of the.St^,
818 ■'^*^ >R0CBED1NGS OF THE
and then place them beyond the control of the Legislature. I take it
that this Convention has certain legislative powers, such for instance as
are created hy the necessities of the times, and the people in their Oon-
ventional capacity may enact such laws as may meet this necessity ; but
•we must take care that while acting in such capacity, not to legislate on
any subject which is not clearly within our province, and on which the
will of the people may, at some future time, desire to assert itself ; fof
this reason, I claim we have no right to submit these Ordinances as a
whole for ratification in connection with the Constitution. Again, why
burden the Constituion with Ordinances, many of which have been vehe-
mently opposed by gentlemen on the floor of the Convention. I believe
to attach these Ordinances to the Constitution, in all probability if it does
not defeat it, will at least largely diminish the majority. There aie
Ordinances I would oppose There are no doubt a number, perhaps a
very large number, outside the Convention who would vote for the rati-
fication of the Constitution, but would not vote for the Ordinances. I,
therefore, hope the Ordinances will not be submitted to- the people at all.
Mr. B. F. RANDOLPH. Are there not sections in the Constitution
that you are opposed to ? .oxtoiii
Mr. W. J. WHIPPEE.'*! 'have just state^d'l was hot one tfeaV woutd
oppose the Constitution on account of the Ordinances* But I hope that
the Constitution as framed by this body will be- submitted to the people
unburdened by any act of legislation whatever. If it i hen is rejecfe'd,
no man will be able to say hereafter, it was because the Ordinances were
attached to it. I do not wish our own friends to say we cannot conscien-
tiously vote for your Constitution, because of the Ot-dinances submitted
vrith it. If there is a necessity for submitting^ the Ovdinances, then' let
them be submitted by themselves. is.iin,^?. '-t.,, -s-jiino hnr oinit,
Mr. A. J. EANSIER. I opposed on Saturday the amendment' pro-
posed by the gentleman from Sumter (Mr. MOSES j, and favored the
indefinite 'postponement of that amendment. It was propose«3 then tb'
strike oat in the Ordinance referred to the words " and Ordinances,'" '^'^
Mr. T. J. MOSES, Jr. The gentleman has referred to the afljendmenr
introduced by myself. I desire io state that was not the ground oovereft
by my amendment. I do not wish the Convention to suppose t¥iat I "em
in favor of adopting the Ordinances without submitting them tO' the
people.
Mr. A. J. RANSIEE. If I mistake Hot, the amendment proposed bj
the gentleman from Sumter was to submit the Ordinances and Consti-
tution separately to the people. An amendment to strike out the wordis
"arid Ordtnanceu" -was proposed by the gentlemtin from Barnwell (IMFr.
CONSTITUTIONAL COXVEXTIOX. 819
PARKES), and a moliou to iade^nitely postpone that amenumeai waa
made. Upon both, of these I expressed an cpiuion. i ^a« nut in favor
of striking out the words "and Ordinances,' <>imply liecause I had sup-
posed that this Convention was satisfied with every Ordinaiico that had
received a majority of votes and passed the Convention. I believed the
Cojivention looked upon thani aa framed and introduced by gentleiiiea
impreseed with a sense, of their obligations to ac^ only in the interests
and for the good of the whole people. I supposed that to be the case,
and was, therefore, poriectly willing for one to put these Ordinances
beyond ih'e risk cifposaible defeat. But it sbems that some entertain the
opifiidn that 't'lere is socne'hing uticons'tit\itional'and illegal cannecr.ed
witli some of these Ordinance.?. Especiall}' does this-'apply to the Ordi-
nance invalidaflrig contracts based upon the purchase of's^'aves. I attach
no force ta tlie argument. Thore seems to be a drfeaij'ifn tiie mind of
some in the Convention, that the people would not' ratify that Ordinance
in particular. I had the pleasure of expressing "gtti opiuinu upon that
Ordinant.^ and I I'epoat, that I do not believe that any contracts based
■ pen 'ho. purchase of slaves ever did Have any binding force. S'uppose-
■iti'onality' of 4^iAt Ordinance is questioned at all, hoT\^ wiljl'- it
.;.■ -h** r.i'KVM'ioa of our ■'"'onstitutiqa, if ^jassed as a patt-'^PP
iity of'itr-may ho questioned; as' if
81,'pply i. '-.;.:■' ■! by tli:- ij:MAV-:d\in an '■ not incdrpbrafed i-h'fo the DohStitu-
tion Th.-^ '^'■■nrts will have th^saitio opportunity to take h'old o'f^'it, and
make perhaps of litigatlOTi tf I felt assuref,^'iii'con;imdTl wMi-
tbe app! i-iif ii.^ion of Wme gbndehien here, that Submitting these Ordi-
nances for rd'iSoiitiiKi as a pare of the Constitution was -calculated to
d' ''m latifiication of that Constitution, I stand prepared to say let-
tl. . :. 'br God'^ sake, go with the Constitution. But I do not share>
in this apprehension; 1 ahi itiipl-esSod with the idea that every Ordinance
passed Vy this Conven'i ui has been made in the best ii'prests of th^
people. I believe th^" cIa:^H uf' people who would vott> e.gainst the^e
Ordinances would vot>^ r.^^iinsl' tWConstitixtion, whether these Ordi-
nances are or arcnot Mil'mi'rted with it. ' But'if the'mijivri'ty deem this
apprehension well fourid d, that the^ Ordinances would eiylkngerthe rati-
fication of the ConBtitiition, then lam prepared to detach them, 'find
take no risk of their co.tu* otion with the' Gohstitu*itm. But. as I have
said, the argument is intended to apply pti^iciparty' to the Ordinance
invalidating contracts based upon the purchase of slaves i here are a
large number of men in this State who would vote for that Ordinance,
and the Constitution with it, if it were necessary to ratify the latter, in
order to carry the former. Perhaps a larger number would vote for the
104'
8S0 PiK)CBEDINGS OF THE
Constitution with it, than there would if it be detached. That is my
mpression. But, if this apprehension is well founded, I am prepared to
vote for the Ordinance, as amended by the gentleman from Orangeburg,
(Mr. E. W. M. MACKEY), though I am not at all convinced, by any
argument oflFered, as to the injurious effect of attac hing the Ordinances
to the Constitution. I propose to give those gentlemen, however, who
are alarmed, the benefit of any doubt on the subject.
Mr. J. J. WEIG-HT. I entertain no doubt but that the Constitution
we are about to frame will be ratified. I feel assured of that, whether
the Ordinances are or are not attached to it. I am in favor of every
Ordinance passed by this Convention. I have made every effort in this
Convention to pass them, and especially the Ordinance invalidating con-
tracts where slaves were the consideration. But what I desire to say in
relation to the Ordinances is this : it would be a new wrinkle to me, a
new wrinkle in the history of American jurisprudence, for the Ordi-
nances of a Convention to be submitted to the people with the Consti-
tution.
Mr. B. F. RANDOLPH. Do you pretend to say it never has been
done by any State ?
Mr. J. J. WRIGHT. I say it would be a new wrinkle for an Ordi-
nance to be submitted to the people with the Constitution, as a part of
that Constitution. I wish to state in what light I regard these Ordi-
nances ; their force, and how they stand before the courts, and then to
consider whether it would be necessary for us to submit them to the
people for ratification.
In the first place then, I contend that the Ordinances passed by the
Convention are a part of the laws of South Carolina, made such by the
legislation of a portion of the people sent here to represent the people of
South Carolina in Convention assembled. We claim that it is the pre-
rogative of the Convention at any time to pass an Ordinance, or resolve
themselves into a legislative body and pass an Ordinance or Ordinances.
The Constitution we expect to frame will be a seperate law of South
Carolina. The Ordinances will be law, just as if enacted by the Legisla-
ture of the State. These Ordinances are law, and have the force of law,
and will so stand until they are either pronounced as unconstitutional by
the Supreme Court of this State, or until the Legislsture of the State
repeals them. The Legislature of the State at its first session may
repeal every Ordinance passed by the Convention, and they will have
the right and power to do it. But they have no right to repeal any
clause inserthe in tde Constitution of the State. We pass these Ordi-
nances because we believe them to be right and proper. We believe it
CONSTITUTIONAL CONVENTION. 861
was for the geueral welfare of the State of South Garolina. If there are
any persons in the State who do not believe the Ordinances are law, it is
their privilege, when any suit is brought in, to plead the validity of these
OrdinanceSj and the courts cannot do otherwise than deCide that these
Ordiftances are law, and they are compelled to abide by them. It is not
necessary to submit these Ordinances to the people for ratification any
more than it is to submit a law passed by the Legislature of the State.
Mr. B. Fi RANDOLPH. Did you ever hear of any Constitution of
South Carolina being submitted to the people for ratification ?
Mr. J. J. WEIGHT. I did not. But we all know that wherever a
Eepublican form of government exists, wherever the people are not
divested of their rights, there a Constitution, whenever framed, is sub-
mitted to the people. I am in favor of submitting these Ordinances to
the people with the Constitution, and I believe the majority of the peo-
ple of the State are in favor of the Ordinances themselves, notwithstand-
ing that some gentlemen upon the floor seem to think that the tendency
of such a course will be to defeat the Constitution. For one, I do not
imagine it will make any difference whether they are attached to the
Constitution or not. The class of persons who favor the Ordinance will
vote for the Constitution, and those who will vote for the Constitution
wiH, as a general thing, vote for these Ordinances. In either case the
Constitution will be ratified. I know it ; you know it, and God knows
it, as well as the people of South Carolina.
These Ordinances are clearly in the nature of laws, and yet the Consti-
tution has not gone through the necessary steps to become the law of
the land. It yet requires to be submitted to the people. The Ordi-
nances are already familiar to the majority of the people ; and they
secure certain rights and privileges which we have not expressed in the
organic law. The Constitution, on the other hand, affords security to
the people.
They have got a good school system, ways and means have been
devised for future legislation, and various reforms have been introduced,
which look to their advancement and the general prosperity of the State.
Who can doubt that when this instrument is submitted to the people,
they will not sustain it ? I consider it unnecessary to append to the
Constitution, therefore, any law which we have adopted outside of it,
and favor the proposition that has been made.
Mr. C. C. BOWEN. I am also opposed to attaching all the Ordi-
nances passed by this Convention to this Constitution. Among the
several that have been passed by this body, I contend there is but one
which it is necessary shall be ratified by the people, and in order to
822 PROCEEDINC? OF THi;
tft' ■ . , - . , . . . .
Bi^liO tbfit valid, 1 am convinced that it is best to iriCorporate it as an
article of the iustrument itself. If I am rightly informed, the fourteenth
article of the .Constitution of Louisiana was originally an Ordinance. I
do not now remember the number of Ordinances tiiat we have adopted,
bat wii] refer-to sb'ue of them. 1st. There was an Ordinance for the
division of I'iokons Diatrtot. Now, there is no use in >iubmitting that
to tbi; ■•i'i''A(-. Ci .lu t'it^ t.v-i C,\ J. ■' h.■^'r^ h"-i\r\ inr;rii- rated as a section of
the • i.--^.aa OrdinaTice to
raiso ;:iL,u;:.y Lo ya.y ilie ex^jcuri^;^ vi tuo ; onveurioL.- There is no tioces-
sitj of attachin'g it to t^ie O-onstitution, because thi! .-xpenae will havy
befen rtie,t and "the amoiint will ,^e re-!mbur8ed to the State Treasury.
TUer'efore, there is no necessity of submitting* tiiat to the people. Nest was
an Ordinance invalidating all contracts where the consideration was for
the purchase of slaves. Tiii-(, I contend, it is absolutely necessary we
should iacorporato in the Constitution, so that it may be rati'ied by the
|>eople, and made of binding force and, effect.
It has been declared here that the Legislature will have the right to
■change this Ordinance, unless it is made a part of the Consttiution.
That cannot bo douiod ; but I do contend it was not intended that tliia
Ordinance should ever be altered ; and, to prevent such an act, it should
be made a distinct article of the Constitution. If I underc'tand th^ pro-
po'^j'biV'uhder considet-atioij>, it is that all the Ordiaan'c^ ''^ftS!JM'iH|^-the
Convention may be submitted to the people in connection 'with the Con-
i-fiHrt'icn '' S'ucli a- policy will be V>f fto use whatever; since the ratifica-
• |,, '^se'^Vdin antes will hdveiid'^biiidltig force or effect: There i?
but (.ri' way in -wbicliyou can submit Atiy of theiii, and that is by tncor-
no'raifTyg them in an article* bf 'the C'^istitutlon itself; and the only ona
whicli 1 eare to See there, or which it is absolutely necessary should be
there,' is that which invalidates dll contracts binding upon the purchase
nnd sile of slaves. For these reasons I hope the amendment will be
adopted, arid that the AViird Ordinances will be stricken out.
The question 'now being taken, was decided in the affirmative, and tht
Orditian«e pa^-sed to a second reading.
On motion of IMr. R. C. DeDARGE, the Ordinance was then read a
third time and passed
^fr. E. C. DeLARGE moved to reconsider, and to lay the motion
to reconsider on the t ible, which was not agreed to.
Mr. E. W. M. MACKEY offered the following resolution :
Rca'jival, That upon the ratification of this C<)nstitution, .ill Ordi-
nances passed by this Convention shall be valid and binding as a part
of the Constitution.
COXSTlTrriONAL cox VEX Til )X. 628
On motion, the resclution was referred to the Committee on the Mis-
cellaneous Provisions of the Constitution.
Mr. L. S. LAIS'GLEY moved to suspend the rules, to allow the Chair-
man on Petitions to submit his report on the petition of the citizens of
Beaufort. The motion was agreed to.
Mr. J. N. NEAGLE then made a report of the Committee on Peti-
tions, to whom was referred the petition cf the citizens of Beaufort,
asking the Convention to unite with them in praying General Canby to
relieve them from the oppressive abuse under which they are now suf-
fering from their town officers. The coniiuittoe recommend that the
iniiyer of the petitioners be granted. The report was adopted.
The report of the Committee on Franchise and Elections, which had
been made the special order for the day, was taken up.
Mr. S. G. W. DILL. I move to strike out all between the word pro-
vided on the ninth line, to the same on the twelfth line.
Mr. President : I think I discover here an attempt to rob the
poor man of his rights, and I am sick and weary of witnessing the
eiforts that have been silently' made to ignore him. I have seen many
things in the course of my experience, but never a plainer attempt to
deprive an unfortunate creature of that highest and most appreciative
right — the right of suffrage. It is the onl}' thing the poor man has left,
and yet it is proposed to take even this poor boon from him. It is pro-
posed in this sectian that if he is not worth a certain amount of taxable
propert}', or happens to be illiterate, that he shall not have the right to
go up like a man and cast liis bal'ot, and declare who shall be his rUler
or mine ! Nay, more, I have heard it stated on the floor of this house,
that men of this claps were not fit to cast a vote. I denounce this sec-
tion, arid I denounce the man who put it here. I do not believe that
any person who has a Christian heart in his body, or expects to see tho
light of Heaven, would introduce such a bill. It is a fraud, a swindle,
or anything you please. I know there are hundreds of members in my
district who are not paupers, and yet because one cannot write his
name, he is, according to this phraseology, to be denied the privilege of
the ballot box.
Mr C. P. LESLIE. I rise not to a point of order, but to have the
gentleman called to order for language used here to-day. He has said
that no Christian man would endorse the report, and made use of other
expressions that were disrespectful to this body.
The PEESIDENT. The gentleman will reduce the objectionable
language to writing.
Mr. C. P. LESLIE. I will do so. The word.? used by the gentleman,
824 PKOCEEDTNCJS OF THi:
as nearly as I can recollect, are these : " The section is a fraud, a cheat, a
swindle, or anything else you please. No man can be an honest or a
Christian man, who would dare to give his assent to any such proposi-
tion." .
The PRESIDENT. The Chair decides that this language is disre-
spectful to the members of the house, and in violation of parliamentary
rules, which regulates this and every other body of a like character.
The question before the house is, shall the gentleman be permitted to
proceed ?
The point of order being sustained, the house refused Mr. S. G. W.
i)ILL to proceed with his remarks, and thq delegate accordingly re-
sumea his seat.
The liour of one o'clock having arrived, the Convention adjourned to
three P. M.
Mil J ;.:
;. ^',',, ae^t.kr:noon session. '
'The Convention re-assembled at three P. M., and resumed the con-
sideration of the report of the Committee on Franchise and Elections.
Section two was taken up as fuxlov/s :
'SE<:;Ti6jr 2. Every rhale citizen of the United States, of the age of
twenty-one years and upwards, not laboring under the disabilities named
in this Constitution, without distinction of race, coloi', or former condi-
tion, who shall be a resident of this State at the time of the adoption of
this Constitution, or who shall thereafter reside in this State one year,
and in the county sixty days next preceding any election, and every male
inhabitant of foreign birth of the age aforesaid, who shall have resided
in this State one year, and in the county sixty days immediately preced-
ing such election, and shall have declared hia' intention to become a citi-
zen of the United States, conformably to the laws of the United States
on the subject of naturalization, sliall be entitled to vote for all officers
that are now, or hereafter may be, elected by the people, and upon all
questions submitted to the electors at any elections ; Provided, That
every person coming of age after the, year 1875, to be entitled to the
privilege of an elector, shall be able to read and write ; but this qualifi-
cation shall pot apply to any person prevented by physical disability
from complying therewith t Provided, further, That no person shall be
allowed to vote or hold office who is now, or hereafter may be, disquali-
fied therefor by the Constitution of the United States ; but the General
Assembly shall have power to remove such disability by a two-thirds
vote; Fro tidal, fart Iter, That no person, while kept in any alms house
CONSriTUTLOXAL (JON VENTlUN. 825
or asylum, or of unsound mind, or confined in any public prison, shall
be allowed to vote or hold office. ..^.^
[ f
Mr. W. J. McKINLAY moved to strike out in the tenth line " l875^'*f
and to insert " 1878," which was not agreed to.
Mr. W. J. McKINLAY also moved to strike out the words, "the
General Assembly shall have power to remove such disabilities by a
two-thirds vote," which was agreed to.
Mr. S. G. W. DILL. I rise to a question of privilege. I wish to
say that the accusation made against me, that I attributed, in my re-
marks this morning, dishonesty to Pome of the members, was false and
without foundation. I am willing to leave it to the reporters.
Mr. E. B. ELLIOTT. I move to amend section two, in the ninth
line, by striking out the word " provided," and all the words following,
to the word " provided" in the twelfth line.
Mr. B. F. WHITTEMORE. I move to strike out on the sixth line
the word "sixty," and insert the word "ninety," so that it shall cor-
respond with the requisition of section ten, in the legislative department
of the Constitution ; also, to strike out on the tenth line the figures
" 1875," and insert " 1890 ;" also, in the fourth line, to strike out " sixty^"
and insert "ninety." "f^
Mr. S. A. S WAILS moved to amend by striking out all after the words
"United States," on the thirteenth line.
Mr. F. L. CARDOZO. I hope the Convention will give this matter
their earnest attention. It is one of the most important propositions
brought before us since we have assembled in Convention. I am sur-
prised at the indifference shown by gentlemen in passing over this sec-
tion. This indifference is placing the interests of our party in jeopardy.
According to this section, in the course of seven years all the people, not
educated, are to be deprived of the right of voting. This is one of the
most momentous subjects yet brought before us. It will take until;187'5
to establish a system of schools. /iifr/nii
Mr. B. 0. DUNCAN. Does the gentleman understand this section to
deprive any one of the right to vote Avho is twenty-one years of age
before that period ?
Mr. F. L. CARDOZO. Every person novr fourteen years of age, who
cannot read at the time fixed in this section, cannot vote on coming of
age. I say it will take ten years to establish a school system in the
State. There is but one place in the State where there is a system of
common schools, that is in Charleston ; and yet there are seven hundred
thousand people in the State. I would not be surprised if it takes twenty
826 naiCEEDINGS OF TJIE
years to establish a thorough nystem of common schools. It will take
several millions to erect school houses. ^Ylle^o are we to get the money ?
I hope the umen.lnient oi the c;entleman from Edgefield, (Mr. R. 13.
ELLIOTT), to strike out altogodur thn reading and writing qualification
of a voter, will bo adopted. I think it would come with bad grace from
any individual in this State, who has helped to deprive men for two cen-
turies, of the means of education, to demand that in seven years all
unable to read should not be allowed to vote. It not cnly comes with
bad grace from those opposed to us, but it is extremely rid-iculous, com-
ing from ourselves. We scarcely know what we are doing. The adoption
of this section would be fatal to our success. I am convinced, if gentle-
men allow this section to pass, with the reading and writing qualification
proviso, before two months have passed over their heads, they will repent
of their action. They will desire that that section should be recnn.><id-
ered and struck out altogether. I hope gentlemen will exorcise now
that " ounce of prevention" which is so much "better than a p* uud of
cure," by striking out the section altogether, or putting the time to such
a distance that every one will have a fair chance to vote. It will t;ikc
to 1875 to establish our system of schools. If you fix it at 1890, that
will be fifteen years ; then everj' child six or seven years o! age will luivt-
fifteen years. At fourteen, parents generally demand the services of
their childrei;. I hope we will not, by our action here to-day, deprive a
poor man of the only means to protect himself. I feel sure no further
argument is needed. I call the attention of members to this important
matter. I hope the period will be stricken out, or fixed at 1890.
Mr. R. B. ELLIOTT. Hitherto, I have taken little or no part in the
debates arising in regard to other sections of the Constitution, but when
it comes to the educational department, I can no'Jonger keep silence. It
is a question of too great moment to allow it to pass by quietly, especliiliy
when such a clause, as is proposed in this section, restricts the right of
suffrage in the largest degree of that oppressed class with which I am
doubly identified. It is proposed here to restrict the right of suffrage to
every person coming of age after the year 1875.
For nearly two hundred and fifty years, we, — -I say we, because I
believe this to be aimed more directly at the people with whom I am
identified than at any other — have been deprived of the rights of educa-
tion. Even if it had been limited to thirty or forty years, I should still
object to this section as it stands. I claim that this Convention has met
for the purpose of laying down a basis of universal suffrage. The recon-
structiwU act declares that all male citizens of the State shall possess the
right to vote ; the right to select their own officers. Here we, who have
(CONSTITUTIONAL CONVENTION. 827
met together under that very act, under that very authority^ propose to.
say to Congress, you are wrong ; you had no right to givtj any such
privileges to the people, and, therefore, v?o will restrict ili« privilege.
How could you face your constituents ? Would you say to ■tkem,'yu]Li,
sent us to lay the foundations of liberty deep and bread fur your ohildren
and your childrens' children, but after getting to Chai-leston we found
out you were not fit for it ; neither do we believe your children would be
fit for it ; consequently we have taken it away from you ? Will you face
your constituents and tell them this is the case ? I, for one, will not do
it. I ask that the amendment to strike out this clause may be accepted.
If Ave are true to the great charge entrusted to ua, we cannot hesitate a
moment. Some gentlemen believe 1S75 would be ample time for the
education of all this large class of people. I believe the time fixed by
the gentleman from Darlington, 181M3, insufficient. Some one will, per-
haps, reply and say, that the Constitution of Massaohuselts has such a
proviso. That proviso, however, did not become a part of the Constitu-
tion of Massachusetts until 1857, and I would ask, gentlemen, how
long the Constitution of the State of Massachusetts had been in e^^ist-
ence before that proviso was adopted ? Since its adoption it has work©<i
as much, if not more, injury than good. The ballot bo^ has been per-
verted. Men, not able to read, have got others to go with them, read the
Constitution of the United States, write their names, s.ay they were the
men, and after having taken a false oath, have voted, though not able to
read and write. Do we propose to encourage any such pernicious prac^
tice ? If we do, then we will vote for the section as it stands j if we do
not, it is our duty to strike it out at once. If such a proposition were
submitted to the people to decide, and the raajority savr fit to change-
from universal to qualified suffrage, it is their privilege to (io so ; but it
would certainly be wrong for us to attempt to insert any su^h provision.
in the Constitution. I trust we will vote down such a provision, by
voting for the amendment I have proposed.
Mr. C. P. LESLIFi. I am aware that when the committee made this
report to the Convention, they embodied in it such sentiments and opin-
ions as the committee thought right and proper. They were considered
with a good deal of care, so that when they took the shape and form of
a report, they should eminently reflect the popular sense, or the beat
sense that the committee had upon the subject in hand. Our friends
upon the floor oF the Convention thought that we took a long time in
making the report. But they made it as their deliberate and calm
judgment. I de.siie to state why the committee did not strike out that
section. The member from Orangeburg (Mr. B. F. EANDOLPH)
828 PROCKBDII^GS OF THE
offered a resolution to the Convention, which is, in Bubstanoe, the same
as the provision in this report, that none should be allowed to vote who
were unable to read after a certain period. The committee took that
under consideration. As a member of that committee, I thought, upon
first reflection, the resolution a good one. But on secojid reflection, I
came to the conclusion that a man in a Eepublican form of gDvernuient,
if he was responsible to the government for a dollar, is liable to be
taxed ; has a dollar to gain or to lose, has a right to go to the ballot box
to deposit his vote, and you cannot deprive him of it. Alliiough I
helped to insert that provision, I afterwards concluded to move to strike
it out.
•
Mr. W. J. McKINLAY. There are some subjects which are extremely
■unpopular to advocate upon the floor of this Convention. Nevertheless,
I think it is but right that a man should divest himself of all prejudices,
and look only for the good of the whole country. I have done so, and I
have conscientiously come to theTconclusion that the amendment I
offered should prevail, namely : thatall persons coming of age after
the year 1878, unless they had certain qualifications and were able to
read and write, they should not be allowed to vote. I shall endeavor to
give my reasons why I have come to that conclusion. As far as 1890 is
proposed by the gentleman from Darlington, we are living in a Repub-
lican government, where the rulers of the government are chosen by the
people. Now, in order to have wise men at the head of our government,
it is necessary that the people should be educated and bave a full sense
of the importance of the ballot. The public schools are to be supported
by the public. The revenue for the support of the public schools was
principally to be derived through a capitation tax. If that provision for
such a tax4iad not been stricken out, I would have favored the section
as it stands. But that having been withdrawn, I am willing to give my
vote to extend the time to 1890. It is but right if this State estab-
lishes a system of free schools, supported by the taxes and money of the
people, that it should be demanded by the State that the people should
avail themselves of the privileges of those public schools, so as to, at
least, be able to read and write. The delegates, I hope, will take all
these matters into consideration and come to a calm, deliberate judg-
ment upon the subject that will be of benefit to the whole people.
Mr. E. C. DeLAUGE. There are now two amendments before the
Convention. I shall address myself to the question of striking out the
figures "1875." I contend that the General Assembly have no right to
insert any provision in the Constitution that will disfranchise any citizen
of the State. If citizens are disfranchised by the general government, it
•iXLNSTlTCTlUNAI. CXJN VMXTloaT. 84iO
rests altogether with the general government to restore their franchiae.
I, therefore, hope the ameudment of the gentleman from Darlington, to
insert J890, will prevail.
Mr. A. J. RANSIEE. When the report of the Committee on Fran-
chise and Elections was rnade, I came to the conclusion that the propo-
sition made by the gentleman from Kershaw would prevail. My learned
friend and colleague (Mr. CAEDOZO) vras surprised that this section
should be acted upon vritli such apparent indiiference. lean assure him
that there were others besides ra3'self who were only waiting our oppor-
tunity to get a hearing in order to express an opinion upon the subject.
The question involved is, whether the right of suffrage is a natural or
acquired right, or an established privilege, which may be given or with-
held at pleasure under a Eepublican form of government.
All men have a natural and unalienable right to life, liberty and
the pursuit of happiness, and I am, therefore, in favor of every
means by which these can be protected and defended. The right to
vote is among them, and it is by this means that the citizen is beat
enabled to protect the great interest which must concern his manhood.
It is the right which belongs alike to the wise and the ignorant, to the
virtuous and vicious, and I cannot give my consent in this Convention,
met under the genius of American liberty, as interpreted by a Republi-
can Congress, to any qualification upon this privilege. It has been
declared iipon this floor that certain of the speeches made here have been
intended to produce simply an effect outside. I care not what impression
may bo made upon the public mind, so that I am secure in the conscious-
ness that I am discharging, to the best of my ability, the duty which I
owe to the people of Soiith Carolina, whom I have the honor in part to
represent. In venturing an expression of opionion upon this subject, I am
guided by a conscientious regard for my duty. This ie not a question
that we should deal with lightly. I hope that the music of the nineteenth
century will inspire every man upon tlie floor to view it in the light of
progress and of reason, and to strike from it every word that puts a
limitation upon the manhood of the citizen, so far as regards his right to
vote. Let the section go forth untrammelled by any qualification what-
ever. I do not like to use the words colored or white in discussing this
matter, but the necessity of the case compels me to do so. So long as the
question of suffrage to the white man was concerned, I have never heard
of an educational or other qualification. So soon, however, as the col-
ored man applies for this privilege, you at once, on every side, hear the
demand that he must be surrounded with both property and educational
restrictions, which would deprive a large portion of our race of this ines-
<830 f UOCEEDINGS or THfi
timable privilege. As I said before, it is our chief means for self-defence
This section will be a weapon in our hands, if we shall iise it properly
and I do hope that we shall clog it by no qualifications whatever. Th
Congress of the United States deemed it proper, after the lapse of ninet
years, to dispense tardy jastice to the colored man, and to declare uni
versal suffrage over every portion of this country which they control
And the moment we attach a qualification to this right, even in the
manner proposed, we give the lie to the joastice of their legislation and
to the, wisdom of their measures.
Mr. Ii. H. CAIN. I would have been perfectly content to let other
•gentlemen disctiss this matter, for I did not suppose there would be a
prolonged debate on the striking out of this provision. It appears to me,
^however, there are certain persons who are making an endeavor to
"onforce , this proviso, and I cannot see the necessity for its exis-
tence in' this Constitiition at all. It has been claimed by some that the
eifect of this provision will be to establish schools, and induce a greater
.proportion, perhaps a large majority, of the colored people to educate
'themselves, ^''n the other hand, it has been contended that it will dis-
franchise a large portion of the present citizens of the State after a cer-
tain period. In my fjiadgment, no advantage whatever can occur from
the qualificatrion, even tho-iigh the proviso shoiald run until 1890. I see
Tio use for it. The right of suffrage ought not to be abridged under any
•circumstances, and 'under no xirovision of our Constitution ought any
citizen of the State to be 'deprived of the enjoy ment of that right, which is
hia by virtaeof his creation, by virtue of the act of Ccmgress, and by vir-
lue of that jtistice which is due to all me^. Why shotild we place any
restriction whatever "upon a vote ? It is said that man must learn to
read. Why, if you go into New York oity, or among those States
where the Democratic party have the strongest ,power-, and muster their
■cohorts in double file, yo'u will find that probably not o-ne-tenth of them
•can read and write.
Mr. S A. SVv'AILS. Are they white or colored voters?
Mr. R. H. CAIN. They are white voters^ but, as Burns says, "a
man's a man for a' that." A man may not be able to educate himself.
The circumstances of his childhood may possifbly have prevented the ac-
■quisition of knowledge, but for all that he is a man, the noblest "work of
•<Tod ; and I trOHlS not deprive any being, rich or poor, of the enjoyment
of that franchise, by which alone he can protect himself as a citizen.
Whether learned or ignorant, he is subject to government, and he has an
inalienable right to say who shall govern him ; to say what shall be the
'character of that government. He may not understand a great deal of the
roNSTlTl TIONAI, CONVKNTIOX, 831
knowledge that is derived from books; he may not be generally familiar with
the ways of the world; but he can, nevertheless, judge between right and
wrong, and to this extent he has as much ability to cast his vote and de-
clare his opinion as any other man, no matter what may be his situation
in life. It has too long been the right of tyrants to rule over man and
prescribe for him a line of action, and never again will this right be con-
ceded to any class, especially in South Carolina, where, as I believe, we
have entered upon a new era, and obliterated those p -culiar distinctions
which made the ruling class the tyrants of those held in subjection. For
two hundred years it has been the curse of the slave States, that a cer-
tain class of men have dictaited the laws that guided the multitude, and
have deprived tlie majority af their God-given right to express their will
ia the creation of those laws, in vwhich they themselves were most inter-
ested. In reuiodelling the institutions of this country, we propose to
establish them upon a broad basis, so that the halo of liberty may over-
shadow every class of men, and no right, however small, shall be with-
held from those entitled to enjoy it. I am surprised to lind gentlemen
who, through life and amid all its fortuitous circumstances, have been per-
mitted to enjo}' tlie blessings of education, are not willing to confer the
same blessings upon the poorer classes by whom they have been sur-
rounded. Que of the greatest reasons why I feel thankful to my Maker
for the present condition of tilings, is that it has opened to us an age of
progress, in which mankind will take a forward bound towards humani-
ty, developing its purest principles and bringing out its greatest results.
Hence it is that in this Cousiilution we do nut wish to leave a jot or tit-
tle upon which anything can be built to remind our children of their for-
mer state of slavery. On the contrary, I would have this instrument so
comprehensive as to embrace all classes, and hold up to every man an
inducement to become, in mind and estate, an hjnest, educated and effi-
cient citiaea of the country.
But it is said that a certain class of citizens are not qualified to vote :
be that as it may, I desire to state here especially, that, for my part, I
■wi#l never, nevei", give my influence to establish one barrier against any
class of men. I<eare not whether they be white or black, rich or poor,
I shall never interfere with their possession of this sacred right. Now,
I propose lo strike out this article entirely, and, in doing -so, believe I
shall be doing justice to ourselves, to posterity, to the coming genera-
tion, and, at the same (time, we shall lay the foundation of a career in
which equity, and every principle of right will be possessed, and the
prosperity of man advanced.
Mr. E. 0. DeLARGE. Mr Pre^d^nt, I have not allowed any oppor-
S'52 PR<X:Kiil»'l>G8 Of THi
1 unity to pass, either in committee, upon the lloor of tbo house, or be-
fore the public, when I could raise my voice in behalf of the principles
of idstice and equality. The resolution from Avbich this portion of the
report was taken, wrts' introduced by the gentleman from Orangeburg,
wlio was the first speaker this afternoon. In committee, the opponents
of the measure were voted down, and we were compelled to support it
As I have always stood upon the platform of universal sufl'rage, I feel
tliat'I would be recreant to the trust reposed in me by my constituents
if I did not advocate the striking out of that proviso. I look upon suf-
IVfige as the inherent ri(?^ht of man. When Ood creates man in his own
irauge, I believe thathe also put upon him the stamp of equality ; and
with equality insured him all the rights which we claim as citizens. ' I do
not think the Almighty ever'intended to prescribe any rights or liberties
win«h all men were not entitled to' enjoy. Now, sir, my clerical friend,
I desire that this proviso ehall be strickeu out for certain reasons which
he has eloquently assigned, but I cannot see the force of his argument.
Ji'^O one will deny that the most critical period in. the history of this
State ; the most' critical period of the government which we are about
to inaugurate, will be during the next five years. If, upon the sound
])asis of universal suffrage, this State can be wheeled into line witli the
other States of the Union, I hold it will be proof positive that it will
exist hereafter upon an equally sound basis. If the argument holds
good, that suffrage can be advantageously restricted in 1875, for the life
of me, I cannot s e why that argument should not hold good to-day.
I am not one of those who believe it is right to require a man to eat
bread, and afterwards lock him in a cellar where ho can get no more.
We know the impoverished condition of tho State. Wo know the
amount of money that we will be required to raise for schools. We know
the present condition of the ])eople. We will not be permitted, for the
next ten years, successful!}' to carry out that system of education which
is necessary for tliese people. We know, furthermore, that the class of
men, both whito and , black, who will come within the scope of this
proA'ieo, cannot afford to educate their children, even gratuitously ; th|py
belong to, the agricultural portion of the people, and are compelled to
employ themselves, and their children, at the handle of the plough and
in the field to obtain their daily subsistence. Now, how is it possible to
take this class from their labor, in the present prostrate condition of the
country, and place them at school? Were I in Massachusetts, I would
advocate this proviso heartily. In Soutii Carolina, I oppose it. I admit
that some incentive should be given to education, but let it not be
fcuch an incentive as shall restriot the people in that employment wliich
CO.^STITUTIONAL CUNrfiNTIOX. 833
gives tlieiu their d.iily broad. It h*s he>eii sU'^gestod that oertaiu quali-
liL-atious should be imyudGd la 187u aud 18QU. Sir, we have enjoyed
the pleasure of seeing the blessed priaciples established, which detiare
that all moa are bora free and equal ; and yet I find many upou this
floor to-day, to whom this very privilege has been heretofore denied,
advocating that that doctrine may be ignored. I feel coniidont and
grateful that there are but few of this class here ; would to G-od there
were none ; for, sir, nothing pains a friend of iVaedom more ; nothing
could pain a man inspired with the truthfulness of the language of that
declaration mora ti: to find the members of thsv Constitutional Con-
vention of South Carolina, at such a time as. this,- attfSksptisg.-lto.'i'ie&triLvt
the right of suffrage,, and advo6ating the estabiiahiieoit ■ upon; a. new
basis difterent from that which now' prevails. •.I;*wS«h i^itoTibo. disciuciJy
understood that I am here for the purpose of doing v/hati believe -will ■
advance the interests of the people of flic entire State; foiv tho.pXir-
pose of showing the greatest amount of liberality to those who phmged
this State into a rebelUon and antagonism to the L-nioD, I ask of you to
show the same' liberality to the men who stood by the Government;
who are loyal, and prepared at this time, if necessary, to sacrifice their
lives in behalf of their country. While extending the hand of friend-
ship and good will to every one, I .would not brand the other cla.ss who
have ever been, and always will be, faithful to the Union, and in.tent on
maintaining its glorious principles.
I Mr. HAYNE. Did you not sign that report wilh the proviso ?
Mr. E. C. DeLA-RGE. I cannot see the force of the question, espe-
cially as I have been arguing against the proviso, and signed it ouly
that I might have the privilege of doing so, and occupying the lloor,
under the rule of the house, which gives me an opportunity to gay the
last word upon the subject. I now yield the balance of my time to nw
friend from Charleston. , , 1 !^,
Mr. C. C. BOWEN. If I have read tho Constitution of the United
States aright, you are expressly forbidden to disfranchise any person «
twenty-one years of age, unless it be for participation in rebellion or
crime ; and in the fifth section of the reconstruction acts, it is laid dowjU
that when you form a Constitution in conformity with the laws of thp
United States, which declares that all persons of proper age, and nf
whatever race or color, may be entitled to vote, you will be admitted
again into the Union. I contend that the moment you attempt to abridge
the right of any man to vote, you will not only jeopardize the ratifica-
tion of this Constitution, but you will 'be acting contrary to the laws of
Congress, and may not be admitted into tha Union. Unless you are
834 ^ rKOCKKDINdS OF THE
prepared to carry out your portion of the contract, you have no right to
demand recognition at the hands of Congress. I -will go further, and
say that if you place such a ch'iUse in the Constitution, I tremble for the
result that will follow when you go before the people of South Carolina,
and ask them to ratify your work. For one, I would not dare to do so ;
and, if there were any clause in the Constitution Avhich would induce
me to vote against its adoption, it would be that which we have now
under discussion, and which involves all that is unjust, unwise, impoli-
tic, and at variance with the spirit of Republicanism, and of the age.
The question then being takea on the amendment of the member
from Darlington (Mr. WHITTEMOliE), to strike out the iigures " 1875,"
and insert " 1890," it was decided in the negative.
The amendment of the member from "Williamsburg (Mr. !S WAILS;
was also rejected.
The amendment offered by Mr. McKINLAY, to strike out the words
" the General Assembly shall have power to remove such disabilities by
a two-thirds vote," was adopted.
The amendment of the member from Darlington (Mr WHITTE-
MOEE), to strike out the words "seventy-five," and insert "ninety,"
was not agreed to.
The motion of Mr. W. J. McKINLAY, to strike out the words
" 1875," and insert " 1878," was lost
The question then recurring on the amendment of Mr. E. B. EL-
LIOTT, to amend by striking out the word " provided," on the ninth
line of the bill, and all the words following to the word " provided," on
the twelfth line, the vote was taken by yeas and nays, and resulted as
follows :
Yeas — The President, Messrs. Allen, iVlexander, Arnim, Becker, Bell,
Bowen, Boozer, Burton, Brockenton, Bryce, BA'as, R. H. Cain, E. I.
Cain, Camp, Cardozo, Coghlan, Chamberlain, Chestnut, Clinton, Cook,
Collins, Corley, Craig, Darrington, Davis, DeLarge, Dickson, Dill, Do-
gan, Donaldson, Driitte, Duncan, Edwards, Elliott, Foster, Gentry, Goss.
Gray, Harris, J. N. llayne, C. D. Hayne, H. E. Ha3'ne, Henderson,
Holmes, Humbird, Hurley, Jacobs, Jenks, Jervey, S Johnson, \V. A.
Johnson, J. W. Johnson, Dr. L. B. Johnson, W. E. Johnston, Joiner,
Jones, Lang, Langley, G. Lee, S. Lee, Lomax, Leslie, E. W M. Mackey,
Mayer, Mauldin, McDaniels, Mead, Miller, Milford, Moses, Nance, Nash,
Nelson, Neagle, Newell, Nuckels, Olsen, Owens, Parker, Pillsbury, Ran-
dolph, Eainey, Ransier, Richmond, Rivers, Rose, Runion, Rutland,
Sanders, Sasportas, Shrewsbury, Snaalls, Stubbs, Swails, Thomas, A
Thompson, B. A. Thompson, S. H. Thompson, Whittemore, Whipper,
White, F. E. Wilder, C. M. Wilder, Wingo, AVooley, Wright— 107.
Nats — Messrs. Williamson and Webb — '2,
CONSTITUTIONAL CONVENTION. 835
Absent — Messrs Crews, Donaldson, Hunter. Jackson, Jillson, Wm, J.
McKinlay. W. M( Kiulav, Middleton, Perrv, Vinry-ti-10 ol
The amendment of Mr. E. B. ELLIOTT was adopted. , . . .
Mr. B. F. EANDOLPH. I wish to have it entered upon the;jro,yi^nal
that I vote "Tea," for these reasons: My object in introduoiap^ .the
-resolution, which was incorporated in the report, was to give an incen-
tive to the people to educate themselves, iu order that they might be-
come intelligent and worthy of their new relation as citizens ; but there
having been incorporated in the report on the educational department;
a clause requiring compulsory attendance at schools, my views are
met in that section, and my object having been accomplidhed, I shall vote
as I have indicated on the present occasion. •
Mr. T. K. SASPOETAS. I vote " Yea," for the reason- thai' i^'Jias
been reported in my district that I was the introducer of this resolution.
Not wishing such on opinion to prevail, I desire especially to make tlii*
explanation, to the end that those misrepresentations may not be re-
peated.
The section, as amended, then passed to its third reading.
Mr. J. J. WEIGHT moved the reconsideration of the vote by which
the section was passed, which was adopted.
Mr. J. J. WRIGHT moved to amend by striking out all between the
word " birth," in fifth line,- and the word " shall," in eighth line, and
to insert in place thereof the words " being a citizen of the United
States, and possessing the above qualifications."
Mr. E. C. DeLAEGE moved to amend the amendment, by striking
out all between the word "and," in fifth line, and the word "shall," in
eighth line.
Mr. E C. DeLIEGE. I cannot see the force of the amendment'.
Although I understand pfrfeetly well what the gentleman is tiying to
get at. According to the section reported any person who has declared
his intention of becoming a citizen of the United States, and who shall
have resided in the city or county sixty days previous to the election is
entitled to vote. The United States law is that no person is entitled to
vote until after a residence of three or five years, I forget which. It is
a matter of perfect indifference whether the foreigner be required to-
remain three or five years. I caniiot see the force or necessity of the-
amendment. My friend froiu Beaufort says it is necessary that the
Constitution should conform in this respect to the Cun&titilfion of tha
United States I desire to state that over tweuty-one States have the
clause in their Constitutions just as it reads hero. Some of them, Kau-
sas, for instance, require a residence of only six months. I shall mova-
lOG
/
830 * PR0CEKDINU8 OF THK
to strike out all after the word "and," in the fifth line, to the word
"shaU" in the eighth line, so th.it it will read, ''every male citizen of the
United States of the age of twenty-one years or upwards."
Mr. B. BYA.S. I hope the amendment of the gentleman from Beau-
fort will prevail, and the amendment of the gentleman from Charleston,
•will be voted down. I move to farther, amend the section by striking
out in the fourth line the w )rd-< "ono y.^ar" and inserting "six. months."
If the section is allowed to remain as it is, a man who has lived here
twenty-one years has no more right to vote than a man who has just
crossed the Atlantic.
Mr. W. E. JOHNSTON. I rise to a point of order. The gentleman
is making no point that we can understand.
Mr. B. BYA.S. Then I will go on and explain. If a man comes from
England, Ireland, Russia or Prussia, he ought to havpi the same righk,
to vote after living here six month.s, as the citizen of South Carolina
possesses. But as there has been no spoond to my amendment, I tnke it
for granted that it is contrary to the sen^'o of" the C'jnvention. I hope,
however, that the motion of the gentleman from Beaufort will prevail,
and I move the previous question.
The previous question was not sustained. ; ^'^'" iU'li-j^a cilr
Mr. W. J. WHIPPER. I move to strike out the word "male,"" itiHhe
second line, so that it shall read ' 'every citizen of the United States."
Mr. D. H. CHAMBERLA.TN. I wish to ofiFer another amendment,
namely: to add in the twelfth line aftcf the words "United States,"
the words "until such disqualincatiou may be iomoved by the Congress of
the United States." I hardly think it necessary to say a sinf;:le word on
the propriety or necessity of the amendment.
Mr. A. J. RANSIER. I desire to further amend by inserting after
the word "county," in the fourth, fifth and sixth lines of the bill, the
words "in which he offers to vote."
Mr. B. 0. DUNCAN. I trust that amendment will not prevail. We
need all the population possible in this State, no matter from what
locality they may come. If they come from Europe, so much the better.
We are anxious to see emigrants, and we cannot got a better population,
than the Germans. The Irish are not likely to come, but the Gerinans
are intelligent, frugal and industrious, free from prejudice, and well
adapted to live permanently upon a soil so invitin*^ as South CaroHha!
By giving to them political privileges we shall ally them with us', and
that is doing no more than is done in the States of the Northwest, many
of which allow the emigrants to vote after a six months' residence, or
after a declaration of their intention to become citizens.
CO>a'STITUTIONAL CONVEXTIO^'. 837
Mr. J. J. WEIGHT.. I wish to say a few words in answer to the
gentleman who h?.,s just taken his seat. I think the safest and surest
pl^n for U3 to follow in the formation of a Constitution, is to make it aa
much as possible in accordance with the laws of the United States.
Every geutlem'an of inteliig'ence will agree with me.
Mr. j>. 0, DUNCAN, is that violating any law of the United States,'
to allow foreigners to vote, after a six. months' residence in the State ?
Mr. J. J. WEIGHT. I do not say so ; I remarked that the surest and
safest way for us to form our Constitution, was to make it in accordance
with the laws of the United States. Congress has framed the naturali-
zation laws of the country in such away that foreigners are compelled to
remain here five years before becoming voters. I simply make this
point' in answer i,6 what' a gohtlemr.n says about emigrants. The great
m!ass of Vae people who ship from the old country aro not members of
the wealthier or belter classes of that country. The aristocracy gene-
rally .send off the poorest of the poor. They desire to make the United
States a poor house for Ireland. I have no objection to their coming
here ; I will hold out both hands and welcome them ; but, at the same
time, I wish to comply with the laws of Congress in relation to nutUraliza-
fion.
rMr. B. 0. DUNCAN. Does the gentleman know what he asserts to
be ,a fact ?
Mr. J. J. WEIGHT. I believe, from my observations, that the state-
ment I have made is true. I kcown this, that the people who come
hei^e, generally, are the poorer classes of the old country. I say that,
without fear of successful contradiation. Now, I have been here twenty-
seven years, a citizen of the United States, but I have only had the right
to,;yote about one year. Yet we propose to bring these people, contrary,
to the laws of the United States, to this country, and after they have
been here but one year and declared their intention to become citizens of
South Carolina, to allow them to go to the polls and vote. I am perfect-
ly willing, as I said before, to welcome these emigrants, but I am not
willing that they shall become citizens of South Carolina, unless they can
do 60 under tho laws of the United States. We desire to form a Consti-
tution as liberal as possible, but we shall bo striking a blowat ourselves
if we insert a clause of the kind proposed in our Constitution. We have
a demonstration of some of the evils likely to occur in the expprience
with which some of us who have lived in New York are familiar. It is
well known that emigrants are there carried from the ships to the polls
and allowed to vole, and thus to influence elections which they do not
understand and in which they have no personal concern. To avoid such-
838 rnOCEEDIXGS OF THE
a conriition, of thlnp:s in South Carolina, vre should, if possible, threw
around this class all proper leg^l restrict ons. If we abide by the laws
of the United States, we shall show our wisdom, and at the same time be
liberal withcu!; endangering the liberties of the people. I repeat, how-
ever, that one of the worst things we could do, would be to bring a mass
of inexperienced emigrants to South Carolina, and, in a comparatively
short time, allow them to exercise the same privileges that are enjoyed
Ivy a life-long citizen. I want those emigrants to remain here at least
three years, and to cultivate social relations with the people, before they
are pemiitted to vote.
Mr. "W. J. WHIPPER. I offered my amendment, not thinking that it
would be adopted. I would be pleased if it were adopted, but I am
aware that this body will not show themselves so liberal and progressive
a^ ,tp,?cj; favorably upon this subject at the present time. For my part,
I helieve in universal suffrage ; yet here is a word inserted in the first
line of the report which prevents, perhaps, one-haif of the people of this
State from voting, and who, I claim, have the same rights at the ballot
box that I possess I wish to have the word " male " stricken out.
Whether it be done or not; however lightly the subject may be treated ;
however frivolous you may thiiik it, I tell you here that I know the time
will come when every man and woman in this country will have the right
to vote. I acknowledge the superiority of woman. There are large
numbers of the sex who have an intelligence more than equal to our own,
and I ask, is it right or just to deprive these intelligent beings of the
fiTi'lvileges which we enjoy ? Sir, I look upon that disposition which de-
hies them suffrage as essentially contemptible and wrong. Governments
will continue to totter and fall until the rights of all parties are re-
spected— womankind as well as mankind. We have seen the uprising
and downfall of Eepublics everywhere, and the great se^jret of revolution
has been, that governments have not extended the rights of the people
fo this sex. The systems of legislation have been laid upon insecure
foundations, and they never will be permanent until women are recognized
as the equal of men, tind with him permitted to enjoy the privileges
which appertain to the citizen. However frivolous you may deem it, the
tim?' will come when you will have to meet this question. It will con-
niiuB td be agitated, until it must ultimately triumph. Sooner or later,
everythino^ in the shape of tyranny must yield : and, however derisively
■«ve may treat these noble women who are struggling for their sex, we
.^rall yet see them snbcessful in the assertion of their rights.
The qnei*ion vas taken on th? motion of Z\1t. TT. J. TTHITPIIII, to
etrike out the word "male." and decided in tlio nci-ative.
f.XJ\ST[TrTl;tN"AL roXVEXTION. 889
Spntion olfflit wa^ retifl, and 'XTr. I<. 0. DUXCAX moved to amend :
"But the Gonpriil Asfernhly shall have no risjht to disfranchise any per.
son except for olTen("p« herein meuttoiied ;" which amendment was put
to the hoiise and rejected.
"Mr. I? F. WHITrEMOUE pro ospd thn fjlhwing as a substitute for
section eiyjht, wliich was adopted, and the section passed to a third
reading:
Section 8. The Genf^ral Ass^mMy shall never pass qny law that will
deprive any of the citizens ot tliis St;ate of tlie right of suffrage, except
for treason, mardar, robbery or dueling, whereof the persons sliall have
bopn duly tried and convicted.
Sections nine and ten were read and passed to a third reading.
The hour of adjournment having arrived, the Coavention adjourned to
ten 10 o'clock to morrow morning.
F O Tl T Y - S E V It: :X T IT D A. Y .
The C mvpntiin assembled at 10 A. M., and was called to order by
the PRESIDENT.
Trayer was offered by the Rev F. L. CORDOZO.
The roll was called, and a quorum answering to their names, the
PRESIDENT announced the Convention ready to pro'ieed to business.
The J')uraal of Mond 15' was read and approved.
Mr. 8. G. W. DTIJy moved a suspension of the rules for five minutes,
and offered the following resolution :
.Jleso/offl, That this Convention adjourn on Saturday, the 14th instant,
at twelve o'clock, AlfU-idian, sine die.
Mt. J. S. CRAIG moved that the motion to adjourn be laid on the
table, wliich was agreed to.
The Convention then proceeded with the third reading of Article 2d of
the Constitution, in relation to the legislative department.
"' Sections one, two, three, four, five, six, seven, were read a third time
ana passed.
Section eight wii road, and j\[r. .1. S. CRAIG movad to recommit it
t) the f:>mni)fct-'n, •vv'rh instru'^tion'; t") r^^p^rt an nmendmont, providing
fiO PilGCEEDnvCS UF TUB
thut t]ie Senate shall consist of forty-iive members, apportioned among
tlje .-^ftyj^ral counties according to population, provided that each county
(sbull be entitled to one Senator.
'.i'lte motion was not agreed to.
J\lr, E. W. M. MACKEY move4 to recommit the section to the com-
^ktee, with instructions to report, inbtanter, au amendment, striking out
tbe wo/d "city" before Charleston, sJid substituting the word "county,"
^o as Jo read " County of Charieslou," which was agioed to.
, The committee, through their Caairman, made the following report,
wliich was adopted, and the section, so amended, received its third
reading:
'. !The leglslaitive committee bog leave to recommend that the word
"city," in the eighth section of the legislative pait of the Constitution,
bo t.li'jken out, and the word " cuunty ' inserted in its stead.
S-'crions nine and ten were road a third time, and passed without
amenovaent.
(Section eleven was read a second time, and Mr. E. W. M. ?tIACKEY
moyedto fill up the.blank by inserting " 14th, ir)th and 16th of April,"
and to strikeout "1869" and inf^ert "1870," which ^was adopted, and
the section, thus amended, received its th rd reading.
Section twelve was read, and Mr. E. W. M. MACKEY moved to fill
up tjtie blank by inserting " fa-st Monday in May "
' Mr. B. E. WHITTEMOT^E moved to insert " first Wednesday in
May."
. , Mr. B. 0. DUNCAN Uioved to insert "second Tuesday in May,"
whiah was adopted.
Mr. C P. LESLIE. I move to strike out of the twelfth section the
words '•'casualties of war," which is made one of the exceptions to
Columbia being always the Capital of the State. 1 want Jo assert, one
thing right now; there is to he no such thing herealter as war in thia
State ; there is going to bo no blood shed ; nu such thing as strife; -all
is to be peace and sunshine; everything is to be t-erene ; glistening
bayonets are to be done away with, and the hordes of armed men are
forthwith! to quietly disperse and go to their homes.
0 _M(,r. B. 0. jI)UN-CANr.,,; How does that statement correspond , with
those of a previous speech which you made on this sa,!no subjVot?
Mr. C. P. LESLIE. I have got another idea or. two in my head
within two or three days that has changed my opinions, and it has
been done since the nominating Convention was called. We are to
have a chieftain soon who is a civiUan, and wo have just to manage that
CONBTlTCrnOHAL COXTKXTioX. g4\
he sliall be nominated, and eveiT burrler ruffi'tri;' every outlaw in 'the
State; every man who wants to disturb the peace and good order of thiiH
community, are to forthwith retire to their homes. There is one phase cf
the question we may tike into consideration. Suppose a President of
J;he United States should happen to be elected who is a Democrat, and
Congress, of course, follows with the House of liepresentatlves, I want
to know what man on the lloor believes, for a moment, that .su<;h a
President, backed by the House of Eeprosentatives, would, by prools:-
mation, declare all of our proceedings out of order, and order us to dis-
perse ? Is it in the order of things? If not in the order of things
that such an event might possibly happen, what do we want fb Ijh tall »
ing about the casualties of war ? Some of our friends say there is !<oing
to be peace, and nothing but peace, and that a certain man ouglit to be
and should be elected Governor; I ask those men to yote on etrikiiig oiit
these words, so that the nooiineo can stand squarely on the peace platform.
I call upon the friends of the civilian nominee to give him such a vote
as will demonstrate their strength. I predict that, under his adiuiiiia-
tration, the next two years will be one of the quietest times ever wit-
nessed in this State, and it will be a sensible thing to strike out all
about " casualties of war." ■'■t
The question being put, the house unanimousiy refused to «trike-oltjt
the words " casualties of war," Mr. C. P. LESLIE himself voting in
the negative.
Sections twelve, thirteen, fourteen and fifteen, then received their thirA
reading.
_ Section sixteen was read.
Mr. F. J. MOSES, Jr. When this section was before the Convention,
on its second reading I introduced an amendment, which was as fol-
lows : to insert after the last word in the section, the word " provided^
that such imprisonment shall in no case extend beyond the session of
the General Assembly."
I think that amendment vitally necessary. As the section now stands,
it leaves the Senate and House of Representatives the discretion to im*
prison members a year or more. The term is indefinite. I, theref ir'»,
ask the Convention to recommit the section to the committee, witV iti-
structions to report, instanter, the folio vtring proviso :
Proviied, That such imprisonment shall, in no case, extend beyond
the session of the General Assembly.
' The Chairman of the Committee handed in the following report,
which was adopted, and t!ie section, as amended, passed : -
S4& PROCKIiDlNGS Of THK
, Provided, Such term of imprisonment ehail not, in any case, extend
beyond the session of the General Assembly.
Section seventeen, and all the sections down to section thirty-tbrpe,
iuclusive, were severally read a third tluae, and passed without amend-
ment. • ■ -.
The article as amended, and declared an integral portion of the Con-
stitution, is as follows :
ASTICLE II.
LEjisL.VTivK nEfAiaity.ivT. .;,
Skctxon 1. The le<^i.slative power of this State shji'.I be vested in t-^6
distinct branches, the one to be styled tlie "Senate," and the other the
"House of Representatives," and both together tho " GeIiei■■c^I Assembly
of the State of South Carolina."
Sec 2. The House of Eepresentatives shall bo conjpDsed *>f inembers,
chosen by ballot, every second year, by the citizens of this State,
qualified as in this Constitution is provided.
Sec. 3. The Judicial Districts shall hereafter be desig-n^ited as Coun-
ties, and the boundaries of the several counties shall renj-iin as- thny are
now established, except the Coimty of Picknns, which is hereby divided
into two counties, by a line leavinj^ the southern bouniliiry of the State ol"
North Carolina where the White Water lliver enters this State, and thenCf)
down the centre of said river, bj' whatever names known to Eavenel's
Bridge, on Seneca liiver, and thence alon^jj the centre of the road lead-
ing to Pendleton Village, until it intersects the line of the (Jounty of An-
derson ; and the territory lying east of said line shall be known as the
County of Pickens ; and the territory lying west of said line shall be
known as the County of Oconee ; Provided, that the General Assembly
shall have the power at any lime to organized new counties by changing
the boundaries of any of the old ones ; but no new county shall be here-
after formed of less extent than six hundred and tv/ent3--five scjuarn miles,
nor shall any existing counties be reduced to a less extent than r-ix hun-
dred and twenty-five square miles Each county shall constitute one
election district.
Sec. 4 The House of Eepresentatives shall consist of one hundred and
tu''enty-four members, to be apportioned among the several counties ae*
cording to the number of inhabitants contained in eacli. An enun>era-
tion of the inhabitants, for this purpose, shall be made in 1809, and
again in 1875, and shall be made in the course of erery tenth year
thereafter, iu such manribr as sh^U be by law directed ; and iJepresenta-
tives shall be assigned to the diiierent cjunties iu the above mentiuUHd
propropoi'tion, by act of the General Assembly at the tiessiou immedi-
ately succeeding every wnumeratiou ; Provided, That until the apporlion-^
ment, which shall be made upou the next onumeruiiou shall take effect,
the represeutationof the several cuuatirt.s, as hofBin cimstituled, shall be as
follows: Abbeville 5, Audc»;juii J, B^iu-wcll f>, L^aufor: 7, Cha^ihia-
CONSTITUTIONAL COSVE^nuN. 8*8
hn IS, Chester 3,. Ciarendno :>, Colleton .'^/Oho^sterfi^lff '?,''"Ss'riyg'-
tOd; 4 E1gefield'7, Fah'field 8, ' Georgetown S, .Grresi^viffe':'-!, 'Hoiry
2,' iRefsluiw 4, Lancaster 2, 'tjaure^'8 4, L'exiugVdn ' 2, Marioa 4,
Mai'Ibof^' 2, Newberry 3, Ocon6e 2, Oran<^ebiirg "5, ' Pickens 'l,
3t'cfilii'tld"''4; Spartanburg 4, Sumter 4, Unidii 3,!' vyil'liftmsburs 8,
Sec. 5. If the enumeration herein directed glial! nd'f 'b^' ma'de in the
course of the ysar appuinted for the purpose, it shall be the duty of the
Gi^yemor to have it eSected a.3 soon thereafter as shall be.'pxacti-
caVtle.
Sec. 6. In asp'gning representatives to the several counties, the Gene-
ral A.-^sf^tiibly shall allow one repi-esontative to every cue hundred and
twenty-fourth pirt 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,
sucli county shall, nevertheless, send one representative ; and if there be
still a deficiency of the number cf represerttatives required by section four
of this Article, sur-h dehtiency shall be supplied by as.signin<j'represeutii-
tives to those counties having the largest surplus fractious' ;/ .' .' ^"
-'•Sep 7. No apportioQtnent' of representatives shV'l b'ti con'struod to "take
effect, in any maaheVj'uat'il' the genefal election which shall succeed aucli
apportionment. . ; i
Sec. 8. The Senate sh^U he CfSmposed of one member froAi eachcotfn-
ty, to be elected, for the r'Jrni of four j'eafs, by the qualified voters df "tile
State, in the same mannf^ri'n whiih m'ombors of t!iQ House of Represen-
tative.^ are chosen; exeepfthe ('6'unt3- of Char'eston, wixich shalfbe al-
lowed two Senators. ->' ■ ,,.•■> ^ .,.. j .
Sec 9 Upoa the meeting of the first General Assembly' whicti shall
be chosen under the provisions of this Constitution, the Senators ':--hall
be divided, by lot, into two classe'sV'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 tlie general election, and of thofee 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 1(1. No person shall be eligible to a seat iu the Senate or House
of Representalives who at the time of his isleetvm is not a citizen of the
United States ; nor any one who has not been for one^-eajr next preced;
ing his election a resident of this State and for three mOhlhs next pre-
ceding his election a resident of tlie county wherttte he may 'be cliosen,
nor any one who has been convicted of an infamous crime. Senators
shall be at least twenty-five, and Eeptesentatives at kast tweuty-oiid
years ot age. .r ,,,, .. ,>
Sec -11. The first election for Senators and Eeprepntatives linder tlie
provisions of this Constitution shall be held on the l4tt!, 15th and Ipfh
days of April, of the ))rescnt year ; and tlie second election shall be held
on'^the third Wednesday in October, 1870, and forever thereafter on the
same day in every second year ih such manner and at such places as the
Legislature may hereafter provide. , ,
Sec. 12. The first session of the General Assembly, after the ratifica-
tioa of this Con&titutioc, sliall be convened on. the ,■ ceoiid Tuesd-ay in M:iy
107
844 PKOCISEDINGS OF Tiff.
of the present year, in the city of Columbia, (which shall remain the aeat
of Government until otherwise determined by the concurrence of two-
thirds of both branches of the whole representation) and thereafter on
the fourth Tuesday in November annujiily. Should the casualties of
war or contagious diseases render it unsafe lo meet at the seat of gov-
ernment, then the Governor may, by proclamation, appoint a more secure
and convenient place of meeting.
Sec. 13. The terms of ofSce of the Senators and Eepresentatives
chosen at a general election, shall begin on the Monday following such
election.
t^EC. 14 Each House shall judge of the election returns and qualifica-
tions of its own members ; and a majority of each House shall consti-
tute a quorum to do business ; but a smaller number may adjourn from
day to day, and may compel the attendance of absent members, in such
manner and under such penalties as may be provided by law.
Sec. 15. Each House shall choose its 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. Eaeh House may punish by imprisonment, during its sitting,
any person not a member, who shall be guilty of disrespect to the House
by emy disorderly or contemptuous behavior in 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 returning therefrom, or who shall rescue any person arrested by
order of the House ; Provi'led, That such time of imprisonment shall not
in any case extend beyond the session of the General AssemMy.
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 bitting, and
ten days after the adjournment thereof. But these privileges shnll not
be extended so as to protect any member who shall bo charged with
treason, felon}', or breich of the peace.
Sec 18. Bills 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."
Sec 20. Every act or resolution liaving tlie force of law shall relate to
but one subject, and tliat shall be expressed in the title.
Sec 21. No bill shall have the force of law until it shall have been
read three times, and on three several days, in each House, has had the
Great 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
Representatives.
Sec. 22. No money shall be drawn from the treasury, but in pursu-
CONSTITUTIONAL CO.NVENXIO>. f^i
ance of an appropriation mede by law ; and a regular statement and
account of the re(ieipt3 and exponditures of all public moneys shall be
published annually, in such m«inner as may be by law directed.
Sec. 28. Each member of ihe first General Assembly under this Con-
stitution shiill receive six dollars per diem v/liile in session ; and the
further sura of twenty cents for every mile of the ordinary route of travel
in goini:^ to and r*>(urning from the place where such session is held;
after which tlipy shall isiceive such compenpation as shall be fixed by
law ; but no Geiieral A3sem>)ly shall have the power to increase the
compensation of its own members And when convened in extra ses-
sion 'hey shall receive the same mileage and per diem compensation as
are fixed by law for the regular eesfion, and none other.
Sec. 24. In all elections by the General Assembly, or either House
thereof, the members shall vote "t'ira voce,^' and their votes, thus given,
shall be entered upon the journal of the House to which they respec-
tively belong.
Sec. 25. Neither House, during the session of the General Assembly,
shall, without the consent 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 Iceep 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 require secrecy; and the
ypas an<l nays of the members of either House, on any qupstion, shall, '
at the desire of any two members present, he entered on the journals.
Any merahpr of either House shall have liberty to di.saent from, and
p'-otest acrainst, any act or resolution which he may think injurious to
the public or to an individual, and have the reasons of his dissent
entered on the journals.
Sec 27. The doors of each House shall be open, except on such occa-
sions as in the opinion of the House may require secrecy.
Sec 28. No person shall be eligible to a sfeat in the General Assembly
whilst he holds any office of profit or Iru^t under this State, the United
States of America, or any of them, or under any other power, except
ofiicers in the militia, magistrates, or justices of inferior courts, while
such justices receive no salary. And if any member shall axcept or
exerci.te any of the ^id discjualifying offices, he shall vacate his seat ;
Proiided, That this prohibition shall not extend to the members of the
first General Assembly.
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 of
either House shall refuse to qualify and take his seat, or shall resign,
die, depart the State, accept any disqualifying office, or become other-
wise disqualified to hold his seat, a writ of election shall be issued by
the President of the Senate, or Speaker of the House of Eepresenta-
lives, as the case may be, for the purpose of filling the vacancy thereby
occasioned, for the remainder of the term for which the person so refus-
ing to qualify, resigning, dying, departing the State, or becoming dis-
qualified, was elected to serve, or the defaulting election district ought
to have chosen a member or members.
«4« P.HOOEliiUIXWfS or THK
St-c. so. Membei's of the General Asspmhly, and all ofRcprs l;)efore
they enter upon the execution of the duties of their respefitive ofhfies, and
all members of the bar, before tiiey enter upon the practice of their pro-
ftjssion, shall take and subscribe the following oath :
^' I- dp solemnly swear (or nffirni as the ca?e m-^y he) that I am duly
qualified according to the Constitution ,o/ithQ 4 nired States and of this
tState to exercise the dutie>! of the oface to which 1 have been elected, (or
appointed,) and that I will faithfully discharge -to the l»e3t of my abili-
ties the duties tliereof ; tjiat I recog*iize the supremacy of the Constitu-
tiyn and laws of tlie United States over the Constitution and laws
of, any State ; and that I will siipport, protect and defend the
Oonstitutlon of the United States and the Constitution of Soutli Caro-
lina, as ratified ly the people on the day of , 186S. So
HELP ME GuB." And the President of this Convention is authorized to
fill the blanks in ihis section whenever he shall receive satisfactory,
information of the day on which this Constitution shall be ratified. ' .r;
Skc. 31 Officers shall be removed for incnpacity, misconduct or neglect
of duty, in such manner as may be provided by law, when no mode ol'
trial or removal is provided in this Constitution.
Sec. 32. The family homestead of the head of each family, residing in
this State, such homestead consisting oi dwelling house, out-buildings
and lands appurtenant, not to exceed the value of one tiiousaud dollars,
and yearly product thereof, shall be exempt from attachment, levy or
sale on any mesne or final process issued from any court. To secure
the full eujt»ympnt of said homcNtead exemption to the person entitled
thereto, or to the head of any family, the personal propHrty of such per-
son, of the following character, to wit : househ()ld furniture, beds and
bedding, family library, arms, carts, wagons, farming implements, tools
neat cattle, work animals, swine, goats and sheep, not to exceed in vfilue.
in the aggregate the sum of five hundred dollai's, shall be suVijeot to
like exemption as said homestead, and there shall be exmiipt in addition
thereto all necessary wearing apparel ; J rovided. That lio property shall
be exempt from attachment, levy or sale, for taxes, or for payment of
obligations contracted for the purchase of said homestead, or the erec-
tion of improvements thereon ; Provided fiirther, That the yearly pro-
ducts of said homestead shall not be exempt from attachment, levy or
Bale, for the payment of obligations contracted in tiie ]n"oduerion of the
fame. It shall be thi duty of the General Assemuly at th«-ir first ses-
sion to enforce the provisions of this section by suitable legislation.
Sec. 33. All taxes upon property, real or personal, shall be laid upon
the actual value of the property taxed, as the same shall be ascertained
by an assessment made for the purpose of laying such tax.
Mr. B. F. WITTEMOEE moved that when the House adjourn, it
ftdjourn to meet to-morrow morning at ten o'clock, which was agreed to.
Mr. E. "W. M, MACKEY moved a reconsideration of the vote, by
■which sections thirty-two and thirty-three were passed, which was
agreed to.
Mr. C. P. LESLIE stated that he had a substitute, embracing a very
CO!<STITUTIONAL C0rvViiiMJ05 847
I
liberal homestead measure, to oflor for the thirty fMurth section. This
substitute h;\d. been shown to alt the! friends of the homestead law, and
they had all agreed to it as just the thing, and much better than the
honieistead provisiojg i\f tlie section as it stood. It had, however, been
left with the Cliairrhiiu of the Committee o« the Judiciary, who had not
brought it; with him. Tie uiovetl, therefore, to postpuno the further
consideration of the report, wliich was agreed to.
The PRESIDENC stated' to the Convention that he had been in-
formed, to his great grief and mortification, that a bar-room had been
opened in the basement room of the building, and that some fifteen or
twenty intoxicated persons were at that time in the basement. As the
house had not been put in his hands he eould issue no order, but hoped
that the bar-keeper would be expelled from the house, and the bar-
room closed, in order to preserve thu dignity and character of'the Con-
vention.
Mr. R. C. DeLAIxGE denied that there was a bar-room kept in the
building, but that there was a refreshment saloon, where the members
obtained luneh. lie had just come from that room, and could say there
was not a single intoxicated person there.
Mr. B. F. WHITTEMOEE moved that the house be put in charge of
the President of the Convention, and that the bar-room be from this
time and liencelorth eksed, which was agreed to.
The PRESIDENT then directed the tiergeant-at-Arms to see the
order of the house forthwith carried into ext-cutiuu.
On motion, the Conveution then adjoaruud.
^18 ?KOrKKl>I.NO* OF Tili
F O .R T Y" - E I Cr I-I T ri 13 A. Y . -
''^yediicsdrtyj March SI, 8868.
Tho Conv-ontion aaseiiiblod at ten A. M., a:;il w.ia called to order by
the PRESIDENT.
Prayer was offered by the Eev. H. D. EDW VRDS.
The roll was called, and a q'zorurn anywering to their names; the
PRESIDENT amiounced tho (.'oaveiitioii ready to proceed to bushiess.
The uufinished business was resumed, bjing the consideration of sec-
tion thirty-two and thirty-three, Artich) li, h'giylative department.
Mr. C. G. BOWEN moved that section thirty-two bo etricken out,
which was agreed to.
Section thirty-three was read, and, on motion of Mr. C. C. BOWEN,
this section was also stricken out.
The Convention proceeded to tlie CDnsideration of the thirty- fourth
section of Article 2, on the legislative part of the Constitution.
Mr. C. P. LESLIE moved a recommitment of tho section, and offered
the following substiiuto :
The family homestead of tho head o( each family residing in this
iStute, such homebtead cou.-sistiug of a dwehing and lands appurtenant,
occupied by such person as a liomestead, not to exceed the value of one
thousand dollars, and tlie yearly product thereof shall be exempt from at-
tachment, levy or sale, or any mesne or dual ]:)ruces8 issued from any Court,
To secure the full enjoyment of such homestead to the person entitled
thereto, the personal property of su'di person of the following character,
to wit: household furniture, bed aud bedding, weaving apparel, nchovd
books, arms, carts, wagons, farming im[)lementw, tools, neat cattle, work
animals, swine and sheep, not to exceed in value in the aggregate the
sum of five hundred dollars, shall be subject to like exemption as said
homestead; provided, further, that the wearing apparel, bed and -bed-
ding herein exempted, shall not be appraised or inciuded in the exemp-
tion of personal property, and shall bo absolutely exempt from levy
and sale, provided, no property shall be exempt from attachment, levy
or sale for taxes, or for payment of obligations contracted for the pur-
chase of said homestead, or the erection of improvements tlioreon ; pro-
Tided, further, that the yearly producits of said homestead shall not bo
exempt from attachment, levy or sale, for the payment of obligations
contracted in the production of the same. It shall be the duty of the
General Assembly to enforce the provisions of this section by suitable
legislation.
Mr. C. P. LESLIE. The attention of tho friends of th© homestead
CONSTlTUTIO-NAr, CONVKNTiOX. 840'
law, adopted in Convention, has been directed by a distinguished Judge
of the State Courts to the fact that the very provie-ions of that law de-
feated the Uw it'^elf. The homestead 'law pjtrtsed, says : "One hundred
acres of land, with the buildings and appurtenances thereon, and a town
lot or building in the city," provided that it does not exceed two thou-
sand five hundred dollars. Here they were caught. If the property
is worth ten do'lars more thr.n tlie two thousand five bundled dol-
larp, tlie sheriff c^n soiza the whole, sell it, and take the monej- or debt
out of it.
This substitute has been carefully prepared by the Solicitor to the
Convention, Major D. T. Corbin, and I desire it, with the section, to go
to the committee on tho legislative part of the Constitution.
The motion was agreed to, and, on motion of Mr. F. J. MOSES, Jr.,
the committee were instructed to report on Friday nest.
Section thirty five was then tal?en up, and passed its third reading.
Mr. F L. CAEDOZO rose to a question of privilege, in reference to a
matter which ocrurrc d in the -house to-day. This had gone out to th»
world in the public prints, and he d'esired to call the attenti>on of ik»
house to it, as it effected the dignity of the Convention.
The President publicly' stated that a bar-room was kept in tha base-
ment, and that some fifteen or twenty intoxicated men were then in
that room.
The PRESIDENT. . I desire to give the language as nearly as possi-
ble that was used by the Chair.
The CHAm did not state dir. ctly that there were fifteen or twenty
into'ticated men in the bar-ro mu, but that it had been informed that fif-
teen or twenty intoxicated mou were in the basement of the building at
the time.
Mr. F. L. CARDOZO. The statement was given as you have jusa
said, Mr. Presideut. You simply stated what had been told you. I
simply wish to say that while the gentleman from Charleston (Mr.
• DeLARGE, who, naturally feeling jealous of the dignity of the Con^
veution, and very prop<'ily 1 think, immediately rose and challenged
the truthfulness of the statement), was on the floor, one or two gentle-
men made a few jesting remarks in reference to his statement of liaving;^
just come from that room. Nothing iu those remarks was intended to
convey the unfortunate f ilso impression tliat seems to have gone out
from the house, for every gentleman on the floor could see that the gen-
tlemau was perfectly sober. I wish to state that the President was mis-
informed in the representations made in reference to a bar-room. X
visited the basement immediately afterwards to see if the statementa.
859 PKOCiliDIXQS OF THE
were true, and found thera utterly incorrect. AH tlio gentlero^pn in th©
basement affirmed that tlie President had been vviiol'iy rnisinformofl^' '*I
think it due to the dignity of the Convention, and my colleague iVom
Cha;le.ston, than whom tlioreii.^ no more industrious m^^mbt^r on the floor,
and due to nvvr^elf, to say, in relatinn to that report of int.c?xi«ated men
made yesterdav, tiiai there was nothing of the kind ia th'is'tiouso. ' ^ ■ ■•
The PiiESIDENT. This matter iiivicg been made a quefelioit of pri'-
viiege, it is left for the house to say .whafc. eour.se it'rwiil take — whetlier to
received it as a. question of priviit'ge, or as iuformatiou.
• Mr. J. LL E.UNION moved that it be i-eceivcd as information.
Mr. R. C. DeL.II'OE. As one of the parties directly implicated, and
who have made the denial, I desire to ask the gentleman from Darliug-
tou (Mr. WHITTEMOEE), who gave the information to the Chair,
whether, in his judgment, the remarks of my colleague Mr. CARDOZO)
were..correct or incorrect, or whether he was jesting ?
Mr. B. F. WHITTEMORE. I am not iu the habit of jesting with
this Convention. I informed the Presidejit of the condition of things in
the basem.ent from what was told wliile iu conversation with the Presi-
dent by a delegate, namely ; that fifteen or twenty persons were there at
the time intoxicated. The delegate said the bar room ought tu be closed,
and I repeated, to the Pi-ebideut the information that had been given to
me. It is not the first time the subject of closing the biir room has been,
brought up. The gentleman himself said the bar room should be closed
during the sitting of the ISTuminating Conveiftion. My intention was
nothing more nor less than to preserve the dignity of the Convention,
and not for the purpose of reflecting upon the character of any individual
of the Convention. It was not my intention to make the inference that
the gentleman from Chaileston was in such a condition as did not reflect
credit upon him, but simply that his remarks gave a sufficient warrant
for the closing of the bar room.
The PRESIDENT decided the question of privilege to bo exhausted
by the explanations n)ade. , , , ,
On motion of Mr. T. J. ROBERTSON, the rules were suspended to
enable the Special Committee of Nine to n port.
The following report was then submitted by Mr. T. J. ROBfeJli^SON,
Chairman of the Committee, which, on motion of Mr. D. H CHAMBER-
LAIN, was ordered to be printed and made the special order for Friday
morning: ,,
The Special Committee of Nine, to whom was referred an Ordinance,
appointing three commissioners '' to investigate the financial condition of
the State, and the situation and value of all property, assets, securities,
CONSTITUTIONAL COK VEJCTION
¥^\
^nd other resources applicable to the discharge of its valid obligations,"
&c., beg leave respectfully to report that they have had the same under
considt ration, and unanimously recommend that the Ordinance do
pass. // .3 .ii .ihi
Mr. T. J. EOBEETSON presented the petition of D. B. Miller, pray-
ing the Convention to recommend the removal of his political disabilitiea.
Referred to the Committee on Petitions.
Mr. B. 0 DUNCAN presented similar petitions from Henry Suiftmer
and other citizens of Newberry, which were referred to the same com-
mittee.
The regular business was resumed, being section thirty-five of the
Legislative report, which was read a third time and passed.
On motion of Mr. D. H. CHAMBERLAIN, the Convention adjourned
to ten o'clock to-morrow.
Thursday, March 12, 18@8.
The Convention assembled at ten A. M., and was cal|I,ed,to. order, lur
the President, Hon. A. 0. MACKEY. fa .rtoiTio.'pnoD «f,:t t>/. r i, :♦■
Prayer was offered by Eev. J. M. EUNION.
The roll was called, and a quorum answering to their names, the
PEKSIDENT announced the Convention ready to proceed to business.
The journal of Wednesday was read and approved.
Petitions from the following persons, praying the Convention to recom-
mend the removal of their political disabilities, were presented, and te-
ferred to the Committee on Petitions : Jesse K. Stone, Greenville ; H.
W. Lawson, Mathew McDonald, Abbeville ; J^, P. Lake, Newberry;
John W. Twitty, Lancaster ; John T. Green, Sumter.
^ His Excellency Governor J. L. Orr visited^ihe GonYentioa, and .was
received with becoming demonstrations. - ^-^^ ^^ i)^ivx>.»vj r.i)(j6- ioa er^d
The report of the Committee on the Executive part of the Oo'nstitutioii
Article III., was taken up for. a third reading. •o'-ji ■ ^^aa ■"■•
Section one was read a third time, and passed. 'jo yioo R lobto
Section two was read, and Mr. F. J. MOSES, Jr., moved to recomm'fE,
with instructions to fix a day for the installation of the Governor electa
Agreed to.
108
set W10CEEDIN6S OF THE
Sections five, six, seven, eight, nine, ten, eleven, twelve, thirteen and
fourteen were read a third time, and passed.
Mr. B. F. WHITTEMORE moved to recommit section fifteen to the
committee, with instructions to strike out all alier the word 'expedient,"
which was agreed to.
The committee reported in accordance with the motion, and the sec-
tion, as amended, passed.
Section sixteen and all the sections down to twenty- throe inclusive,
then were severally read a third time and passed.
The Article, as thus adopted, is as follows :
AKTICLE III.
. EXECTTtlVE DEPAETMEHT.
Secticit 1. The Supreme Executive authority of this State shall be
vested in a Chief Magistrate, who shall be styled " The Governor of the
State of South Carolina."
Sec 2. The Governor shall be f^lpcted by the electors duly qualified to
vote for menahers of the Geneial Assembly, and shall hold his office for
two years, and until his succe-ssur sliall be chosen and qualified, and
shall be re-eligible. (Recommitted).
Sec 3. No person shall be eligible to the office of Governor who denies
the existence of the Supreme Being or who at the time of such election
has not attained the age of thirty years, and who, except at the first elec-
tion under this Constitution, shall not have been a citizen of the United
States and a citizen and resident of this State for two years next preced-
ing the day of election. No person while Governor shall hold any other
office or commission (except in the militia) under this State, or any
other power, at one and the same time.
Sec 4. The returns of every election of Governor phall be sealed up
by the mauMgers of elections in their respective counties and tian^mitted,
by mail, to the seat of Government, directed to the Sh( retary of State, who
shall deliver them to the Speaker of the House of Representatives at the
next eu'iuing session of the General Assembly, and a duplicate of said re-
turns shall be filed with the ('l«rks of the Courts of said Counties, whose
duty it shall be to forward to the Secretary of State a certified copy there-
of, up:n being notified that the returns previously forwarded by mail
have not been received at his office It shall be the duty of the Secreta-
ry of State, after the expiration of seven days from the day upon which
the votes have been counted, if the returns thereof from any county have
not been received, to notify the Clerk of the Court of said County, and
order a copy of the returns filed in his office to be forwarded forthwith.
The Secretary of State shall deliver the returns to the Speaker of the
House of Representatives, at the next ensuing session of the General As-
sembly; and during the first week of the session, or as soon as the Gene-
ral Assembly shall have organiaed by the election of the presiding ofB-
COS ;si XT UTiuxAL coiiiviiii'rioir. as8
cers of the two Houses, the Speaker shall open and publish them 'n the
presence of both Houses. The person having the highest number of
votes shall be Governor; but if two or more shall be * qual, and highest
in votes, the General Assembly shall, during the same session, in the
House of Representatives, choose one of them Governor viva voce. Con-
tested elections for Governor shall be deterhiined by the General Assem-
bly in such manner as shall be prescribed by law.
Sec. 5. A Lieutenant Governor shall be chosen at the same time, in the
same manner, continue in office for the same period, and be possessed of
the same qualifications as the Governor, and shall ex officio be President
of the Senate.
Sec. 6. The Lieutenant-Governor, while presiding in the Senate, shall
haver no vote, unless the Senate be equally divided.
Sec. 7. The Senate shall choose a President pro tempore, to act in the
absence of the Lieutenant-Governor, or when he shall exercise the office
of Governor.
Sec. 8 A member of the Senate, or of the House of Eepresentatives,
being chosen and acting as Governor or Lieutenant-Governor, shall there-
upon vacate his seat, and another person shall be elected in his stead.
Sec 9. In case of the rem.oval of the Governor from his office, or his
death, resignation, removal from the State, or inability to discharge the
powers and duties of the said office, the same shall devolve on the
Lieutenant-Governor, and the General Assembly, at its first session
after the ratification of this Constitution, shall, by law, provide for the
case of removal, death, resignation, or inability, both of the Governor,
Lieutenant-Governor, declaring what officer shall then act as Governor,
and such officer shall act accordingly, until such disability shall have
been removed, or a Governor shall have been elected.
Sec. 10. The Governor shall be Commander-in-chief of the militia of
the State, except when they shall be called into the actual service of the
United States.
Sec. 11. He shall have power to grant reprieves and pardons after
conviction, (except in cases of impeachment) in such manner, on such
terms, and under such restrictions as he shall think proper ; and he
shall have power to remit fines and forfeitures, unless otherwise directed
by law. It shall be his duty to report to the General Assembly at the
next regular session thereafter, all pardons granted by him, with a full
statement of each case, and the reasons moving hitn thereunto.
Sec. 12. He shall take care that the laws be faithfully executed, in
mercy.
Sec. 13. The Governor and Lieutenant-Governor shall, at stated times,
receive for their services a compensation which shall be neither increased
nor diminished during the period for which they shall have been elected.
Sec 14. All officers in the Executive Department shall, when required
by the Governor, give him information in writing upon any subject
relating to the duties of their respective offices.
Sec 15 The Governor shall, from time to time, give to the General
Assembly information of the condition of the State, and recommend to
their consideration such measuret? as ho shall judge necessary or expe-
dient.
854 PROCEBDINGS OF I'HE
Sec. 16. He may, on extraordinary occasions, convene the Greneral
Assembly; and should either House remain without a quorum for five
days, or in case of disagreement between the two Houses, with respect
to the time of adiournmeDt, may adjourn them to such time as he shall
think proper ; not beyond the time of the annual session then next
ensuing.
Sec. 17. He shall commission all officers of the State.
^EC. 18. There shall be a Seal of the St ;te, for which the General
Assembly, at ils first session, shall provide, and which shall be used by
the Governor officially, and shall be called "The Great "eal of the State
of South Carolina."
Sec. 19. All grants and commiBsions shall be issued in the name and
by the authority of the State of South Carolina, sealed with the Great
Seal, signed by the Governor and countersigned by the Secretary of
'State.
Sec. 20. The Governor and the Lieutenant-Governor, before entering
'upon the duties of their respective offices, shall take and subscribe the
oa|,h of office as prescribed in Article two, section thirty of this Con-
stitution.
^ Sec 21. The Governor shall reside at the capital of the State ; but
during the sittings of the General As.sembly he shall reside where its
^se'Gaions are held, except in case of contagion.
Sec. 22 Every bill or joint resolution which shall have passed the
General Assem.bly, except on a. question of adjournment, shall, before it
>»ecome8. a hi fM be, presented to the Governor, and, if he approve, he
shall sign it ,;' if not, he shall return it, with his objections to the House
in which it "shall have originated ; which shall enter the objections at
^Jiarj;e on its journals, and proceed to reconsider it. If, after such recon-
"aicleration, two-thirds of that House shall agree to pass it, it shall be
sent, together with the objections, to the other House, by which it shall
^be recon3ider,ed, and, if approved by two-thirds .of that Hon:?e, it shall
have the same effect as if it had been signed by the Governor ; but, in all
euch' cai=es the vote of bofh'Houses shall be taken by yeas and nays,
and th.e names of the persons voting for and against the bill or joint reso-
lution,, shall be entered on tho"j6urnaIs of both'Houses respectively. If
i a bill or joint resolution shall pot be returned by the Governor within
three days after it shall have been presented to him, Sundays excepted,
^it shall have the same force and effect as if he had signed it, unless the
tjreneral As-^embly, by their adjovirument, prevent its return, in which
case, it shall not have such force and effect unless returned within t^o
days after their next meeting.
Sec 23. There shall be elected by the qualified voters of the State a
ComptrollerrGeneral, a Treasurer, and a Secretary of btate, who ishali
hold their respective offices for the term of four years, and whose duties
and compensation shall be prescribed by law. ^ .;' ' ''\ '
The,-0onv8ntion next proceeded to the consideration of Article IV.,
■which was read by sections, and passed for ratification, as folio ws.'-jxexi.t
00N9TITUTI0NAL GONYBNTION. 855
ARTICLE ly.
.^^i ;,, JUDICIAL DEPARTMENT.
'^ECTiox 1. The judicial power of this State shall be vested in a Su-
preme Court, in two Circuit Courts, to wit : A Court of Common Pleas,
having civil jurisdiction, and a Court of General Sessions, with criminal
jixri-^diction only; in Probate Courts, and in Justices of the Peace. The
General Assembly may also establish Buch municipal and other inferior
Courts as may be deemed necessary.
Sec. 2. The Supreme Court shall consist of a Chief Justice and two
Associate Justices, 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
8.nd qualified. They shall be so classified that one of the Justices shall
go out of office every two years.
Sec 3. The Chief Justice elected under this Constitution shall con-
tinue in office for six years, and the General Assembly immediately after
the said election shall determine which of the two Associate Jus-
sticea elect shall serve for the term of two years, and which for the term
of four ye^rs ; and having so determined the same, it shall be the duty
of the Governor to commission them accordingly.
Sec 4. 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
la\^ priescfibe ; Provided, The said Court shall always have power to
issue writs of injunction, mandavius, quo warranto, habeas corpus, and
such other original arid remedial writs as may be necessary to give it a
general supervisory control over all other Courts in the State
Sec. 5. 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 may direct.
S"EC. 6. 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
connected with him by affinity or consanguinity, within such degrees as
may be prescribed by law, or in which he may have been counsel, or
have presided in any inferior Court, except by consent of all the parties.
In case all or any of the Judges of the Supreme Court shall be thus dis-
qualified from presiding in any cause or causes, the Court or the Judges
thereof shall certify the same to the Governor of the State, and he shall
immediately commission, specially, the requisite number of men learned
in the law for the trial and determination thereof. The same course
shall be pursued in the Circuit and inferior Courts as is prescribed in
this section for cases of the Supreme Court.
'^■■' Sec. 7. There shall be appointed by the Judges of the Supreme Court
'tt 'reporter and clerk of said Court, who shall hold their offices for two
years, and whose duties and compensation shall be prescribed by law.
Sec 8. When a judgment or decree is reversed or affirmed by the
Supreme Court, every point made and distinctly stated in writing in the
cauee, And fairly arising upon the record of the casa, shall be considered
«S© fKOCEEUlNGS OF IHK
and decided ; and the reasons therefor shall be concisely and brisfly
stated in writinj^, and preserved with the records of the case.
^Sec. 9. The Judges of the Supreaie Court and * ircuit Courts shall, at
stated times, receive a coniponsatioa for their services, to he fixed by
law, which shall not be diuiinished duriu<:^ their continuance in office.
They shall not be allowed any fees or pcrqui-ites of office, nor shall they
hold any other office of trust or profit under this State, the United
States, or any other power.
Skc. 10. No person thall be eligible to the office of Judge of the Su-
preme Court or Circuit Courts, who is not at the time of bin election a
citizen of the United States, and has not attained the age of thirty years,
and been a resident of this State for five years next preceding his elec-
tion, or from the adoption of this Constitution.
Sec. 11. All vacancies in the Supreme Court or other inferior tribu-
nals shall be filled by election, as herein prescribed ; Provide I, That if
the unexpired term does not exceed one year, such vacancy may be filled
by Executive appointment. All Judges, by virtue of their office, shall
be conservators of the peace throughout the State.
Sec. 12. In all cases decided by the Supreme Court, a concurrence of
two of the Judges shall be necessary to a decision.
Sec. 13. The State shall be divided into convenient circuits, and for
each circuit a Judge shall be elected by joinr ballot of the General
Assembly, who shall hold his office for a term of four years, and during
his continuance in office he shall reside in the circuit of which he is
Judge.
Sec. 14. Judges of the Circuit Court shall interchange circuits with
each other in such manner as may be determined by law.
Skc. 15. The Courts of Common Pleas shall liave exclusive jurisdic-
tion in all cases of divorce, and exclusive original jurisdiction in all _
civil cases and actions tx ddiito, which shall not be cognizable before
Justices of the Peace, and appellate jurisdiction in all such cases as
may be provided by law. Tliey shall have power to issue writs of man-
damus, prohibition, scire facias, and all other writs which may be neces-
sary for carrying their powers fully into effect.
Sec. 16. The Court of Common Pleas shall sit in each Judicial Dis-
trict in this State at least twice in every year, at such stated times and
places as may be appointed by law. It shall have jurisdiction in all
matters of Equity, but the Courts heretofore established for that pur-
pose 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, unless otherwise provided by law
Sec 17. The General Assembly shall provide Vjy law for the preserva-
tion of the records of the Courts of Equity, and also for the transfer to
the Court of (^ommon Pleas and Probate Courts for final decision of all
causes that may remain undetermined. It shall be the duty of the
Judges of the Supreme and Circuit Courts to file their decisions within
sixty days from the last day of the terra of court at which the causes
wore heard.
Sec. 18. The Court of General Sessions shall have exclusive jurisdic-
tion over all cripainal cases "which shall not be otherwise provided for by
CONSTITUnOXAL CONTENTION. 857
law It shall sit in each county in the State at least three times in each
f-aoh ypar, at such stated times and places as the General Assem-
)>lv III y (V\ro(^t.
8j:c. 19. The qualified electors of each county shall elect three per-
8 n< for ttirt term of two years, who shall constitute a Board of County
Ci)miiiisNioni:'rs, wliich shall have jurisdiction over roads, highways, fer-
ries, hridg-f»rt, md in all matters relating to taxes, disbursements oi
money fur county purposes, and in every other case that may bo neces-
sary to the internal improvement and local concerns of the respective
counties ; Provided, That in all cases there shall be the right of appeal to
the State Courts.
Sec. 20. A Court of Probate shall be established in each county, with
jurisdiction in all matters testamentary and of administration, in busi-
ness appertaining to minors and the allotment of dower in cases of idiot-
cy and lunacy, and persons non compotes merdis. The Judge of said Court
shall be elected by the qualified electors of the respective counties for
the term of two years.
Sec 21. A competent number of Justices of tho Peace and Constables
shall, be chosen in each county by the qualified electors thereof, in such
manner as the General Assembly may direct ; they shall hold their
offices for a term of two ye irs and until their successors are elected and
qualified. They shall reside in the county, city or beat, for which they
are elected, and the Justices of the Peace shall be commissioned by the
Governor.
Sec 22. Justices of the Peace, individually, or two or more of them
jointly, as the General Assembly may direct, shall have original juris-
dic!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 provi-
ded by law in actions ez delicto, where the damages claimed do not
exceed one hundred dollars ; and prosecutions for assault and battery
and other penal oflFences less than felony, punishable by fines only.
Sec. 23. They may also sit as examining courts and commit, discharge,
or rectigtiize (except in capital cases) persons charged with offences sub-
j^ct to euch regulations as the General Assembly may provide ; they
shall also have power to bind over to keep the peace, or for good beha-
vior. For the foregoing purposes they shall have power to issue all
necessary processes.
Sec 24. Every action cognizable before Justices of the Peace institu-
ted by summons or warrant, shall be brought before some Justice of the
Peace in the county or city where the defendant resides, and in all such
causes tried by them, the right of appeal shall be secured under such
rul*>8 and regulations as may be provided by law.
Sec. 25. The Judges of Probate, County Commissioners, Justices of
the Peace, and Constables, shall receive for their services such compen-
Bation and fees as the General Assembly may from time to time by la\?-
direct.
Sec. 26. Judges shall not charge juries in respect to matters of fact,
but may state the testimony and declare the law.
Sec. 27. There ehall be elected in each county, by the oloctors thereof,
85R pyiOCEEDlKGa Ot' THE
one Clerk for tiie Court of Common Pleas, who shall hold his. office for
the term of four years, and until his successor shall be elected and quali-
fied. He shall, by virtue of his oiiico, be Clerk of all other Courts of
Becord held therein ; but the General Assembly may provide by law for
the election of a Clerk, wiih a like term of oliice, for each or any other
of the Courts of l\.ecord, and may authorize the Jud^e of the Pi-obate
Court to perform the duties of Clerk for his Court, under such regu],ar
tions as the General Assembly may direct. Clerks of Courts shall bp
removeable for such cause, and in such manner as shall be prescribed by
law.
Sec. 28. There shall be an Attorney-General for the State, who shall
perform such duties as may be prescribed by law. He shall be elected
by the qualified electors of the State for the term of four years, and shall
receive for his services such compensation as shall be fixed by law.
Sec 29. 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 servi-
ces such compensation as shall 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. 30. The qualified electors of each county shall ^lect a Sheriff and
a Coroner, for the term of four years, and until their successors are
elected and qualified ; tjiey shall reside in their respective counties
during their continuance 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 collected by virtue of their respective offices.
Sec. 31. All writs and processes shall run, and ail prosecutions shall
be conducted in the name of the State of South Carolina ; all writs sh^ll
be attested by the Clerk of the Court from which they-fhall be issued;
and all indictments shall conclude against the peace and dignity of the
State.
Sec 32. The General Assembly shall provide by law for the speedy
publication of the decisions of the Supreme Court made under ,this Con-
stitution.
Mr. B. 0. DUNCAN stated that the Chairman of the Committee on
the Judiciary was not present, and he would state that the Chairman
had prepared an additional section to the above department, making it
section thirty-three, which covers an Ordinance passed by this Conven-
tion annulling all slave debts. ■'. v'- ' ■■ ""•'••^ ' ■'■' •; . ' ''■^'^'•^
Mr. J. S. CEAIG opposed the introduction of feucn a'_8e6ti9ii x6.' ^q
Constitution as coming in conflict with that part of the Gonstitutixin of
the United States which prohibits any State from impairing the validity
of obligations and contracts. If adopted, he would be compelled to vote
against the Constitution. . ^ , .Joeijfa
Articles T., YI., and VII, were then r^5 a. jhi^'Pf. tiifts,.^^
follows: ' '■, ., f ' , . .M' • ' \..^^:a
CyN&'TlTUTlUNAI. CONVilNTlOM 869
AETICLE V.
JUKISrBUDENCE.
Section 1. The General Assembly shall pass such laws as may he-
necessary 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 General Assembly to pass the nece^s-
sary laws for the change of venue i-a all cases, civil and criminal, over
"which the Circuit Courts have original jurisdiction, upon a proper
showing, supported by affidavit, that a fair and impartial trial cannot
be had in the County where such trial or prosecution was commenced.
Sec. B.' The General Assembly, at its first session after the adoption of
this Constitut'on, shall make provision to revise, digest aud arrange,
under proper heads, the body of our laws, civil and criminal, and form a
penal code, founded upon principles of reforcnation, 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 may be administered in a uniform mode of
pleading, without distinction between law and equity, they shall provide
for abolishing 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 th^ rules, practice, pleadings, and forms of the
courts now in use in this State.
AETIOLE YI.
EiirXEXT DOMAIN".
Section 1. The State shall have concurrent jurisdiction on all r'vers
bordering on this State, so far as such rivers shall form a common boun-
dary to this and an}- other State bounded by the sarae ; and they,
tog-^ther with all other navigable waters within the limits of the State,
shall be c;jmmoa highwaj'S, and forever free, as well to the inhabitants
of ^his State as to the ci<;izens of the United States, without any tax or
impost therefor, unless the same be expressly provided for by the Gen-
eral A-Ssembly.
Sec. 2. The title ti 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. 8. The people of the State are declared to possess the ultimate
property in and to all lauds within the jurisdiction of the State; and all
lands, the title to wliioh shall fail from defect of heirs, shall revert, or
escheat to the people.
AETICLE VII.
laCPEACHMENTS.
Section 1. The House of Eepresentatives shall have the sole power of
impeachment. A vote of two-thirds of all the members elected shall be
109
860 PPtOCEiiDIXUS OF THE
required for an impeachment, and any oiHcer impeached, shall i hereby
be suspended from ofiice until judgment in the casa shall have been pro-
nounced.
Sec. 2. All impeachments shall be tried by the ij'enale, and when
sitting for that purpose, they shall be under oath or aflirm:ition. ,No
person shall be convicted except by vote of tAvo-thirds of all tho members
elected. When the Governor is impeached, the Chief Justice of the
Supreme Court, or the senior Judge, shall preside, with a casting vote in
all preliminary questions.
Sec. 3. Tho 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, never-
theless, be liable to indictment, trial and punishment according to law.
Sec. 4. For any willful 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
eacii House of the General Assembly ; Provided, That tho cause or
causes for which said removal ra.a.y be required, shall be stated at length
in such address, and entered on the journals of each House ; And, pro-
vided further, that (he officer intended to bo removed shall be notified of
such cause or causes, and shall bo 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 bo entered on the journals of each
House respectively.
The PRSIDENT announced that this concluded all the matter entitled
to a third reading, in the hands of the printer. The remaining sections
would be given to the printer at once.
The PEESIDENT also suggested that the Convention take some
action in reference to printing a certain number of copies of the Con-
stitution, which, as it was already in type, would be less expensive. No
order, however, could be issued until the House prescribed what number
of copieg they desired. *
Mr. WHITTEMOEE said he would, in the afternoon, olier a resolu-
tion in relation to that matter.
Mr. N. G. PARKER moved a suspension of the rules, for the purpose
of introducing tu-o resolutions.
The rules were suspended and tho resolutions adopted as follows :
Resolved, That J. J. Wrighf, D. H. Chamberlain, J. M. Rutland, B.
P. Whittemore and W. B. Nash, be declared Vice-Presidenta^of this
Convention, and shall perform the durties of President of this Convention
in the event of the inability, by death or otherwise, of the President.
Resolved, That when this Convention adjourn, it shall be on Tuesday
next, March 17th, at 12 M., subject to tho call of the President or the
Vice-President, in the order in which they stand, at any time the public
exigences shall demand ; Provided, that as soon as the presiding officer
CONsJTITUTK )X AL C'JN VENTION. gQl
shall have roceivod oflicial notiee of the ratification of this Constitution
by the people, he ehall, by public proclamation, adjourn the Conveutioa
si7ie die.
Sir. r>. J?. PiiiXDOLPII ciilled up the following OrcTinancG, which was
read a third time, passed, and declared an Ordinance of the Conven-
tion :
We, the People of So'i'li Carol'na, by our Delegates in Convs?iiion
assemf/lcd, do ordain, That it shall be the duty of the General Assembly,
at its first session, to appoint commissioners to investigate and ascertain
what obligations oi' the State are entitled to be held as valid and bind-
ing upon the Sl,ate, in conformity with the provisions of this Constitu-
tion and the Ordinances adopted by this Convention, and to report
thereon to the General Asserably; and until the General Assembly shall
have ascertained the validity of each obligations, no payment for either
principal or interest shall be made on any outstanding obligation created
and incurred prior to the 29i;h day of April, 1865.
Mr. S. COELEY offered the following resolutions, which were adopted^
Whereas, the Registrars in some of the counties of the State during
the period of our late registration, forgetting that virtue itself is mean-
ness in a slave, refused to enter the names of colored men on their lists,
t^imply because while slaves they had been punished as felons by an
incompetent autocratic court, held for the trial of petty offences; there-
fore.
Resolved, That no oiiences heretofore committed by a slave, nor pun-
ishment inflicted on the same, can now be held as coming within the
intent and meaning of the reconstruction lavv's in reference to felony;
and, hereafter, every loyal citizen sliould hold it to be his imperative
duty to report all Registrars so offending to the Commander of the
Second Military District, in order that they may be visited with the just
penalties of violated law.
Whereas, the provisions of the present Bankrupt Law are beyond the
reach of the really poor man, and, therefore, a practical nullity in their
application to the very cases they should, above all others, reach,
Resolvfd, That we, the members of this Constitutional Convention,
do hereby petition Congress to amend the said laws in such manner as
to secure its benefits to all, without reference to the precise amount of
the indebtedness of the applicant or the payment of advance fees, which
are now required.
Mr. D. H. CHAMBERLA.IN obtained leave and introduced the fol-
lowing Ordinance, and moved its reference to a special committee of
five : ^
Whereas, during the recent rebellion against the authority and Gov-
ernment of the United States, many dishonest practices were resorted t®
S69 I'KOCEKDlNtlS or TFf-E
in order to enhance, in the public estimation, the nominal value of the
currency and securities issued by the States confederated in rebellion,
and divers agents were employed and acting for that purpose in this
State, who while misrepresenting the bondition and prospects of said
ConfV>deracy, with the view of deceiving the people as to the value of
its obligations, took advantage of the credulity of the people, inducing
them to part with real estate, and otlier property, for such obligations,
for the private and personal benefit of such agents, and those associated
with them for such speculative purposes ; and, whereas, without special
aid from the General Assembly, the persons thus defiauded, being
stripped of their property and means, will, in many instances, be unable
to prosecute, with eftect, their said legal demands.
Be it or claim d, That it shall be the duty of the General Assembly, at
its first session, to provide the means of facilitating the recovery of all
such property and damages ; and, to that end, shall have power to au-
thorize the Attorney- General to prosecute one or more actions or pro-
ceedings in behalf of the persons «o injured, and against all officers,
agents and employees of the said Confederacy, and their associates im-
plicated as hereinbefore mentioned, and in such actions or .proceedings,
the iHterests or liabilities of two or more individuals, growing out of
separate transactions, may be united either as plaintiff or defendant, as
may be deemed most expedient.
The President appointed as Special Committee on the above : D. H.
Chamberlt-in, T. J. Bobertson, J. M. Eutlaud, W. H. Webb and F. E.
Wilder, with instructions to report to the Convention to-morrow after-
noon.
Mr. G. W. DILL offered the following :
R: solved, That the President of the Convention be instructed to have
five thousand copies of th^ Constitution now framing, printed for dis-
ribution among the members of the Convention, and the people of the
State generally.
Mr. B. P. WHITTEMOEE stated that he had given notice of his in-
tention to offer a resolution in regard to that matter, and Mr. G. W.
DILL withdrew his resolution.
Mr. 13. F. EANDOLPH moved that the Committee on Education be
instructed to report the eleventh section of Article 2 back to the house,
at three o'cloek4o-morrow, which was agreed to.
Mr. W\ E. JOHNSTON offered the following :
Resolved, That we, the members of the first Constitutional Conven-
tion of South . Carolina, do affectionately greet our President, A. G.
Mackey, on this the sixty-first anniversary of his birthday.
This was followed by great applause, during which the Secretary of
the Convention put the question, and it was unanimously decided in the
affirmative.
t'0:>:L;, iTL'TiONAL CONVJt.NTlOX. ^68
liie PEESIDENT rising was again greeted with applause, and said :
Gentlemen of the Convention : I receive your kind greeting with
grateful affection. I am unable to give utterance to an expression of my
feelings for the kindness you have always shown me. But you will
allow me to make one sentiment alnne in response to your greeting,
which is, that I thank God that lie has preserved my life long enough to
let me see the renovation of South Carolina, and her elevation to a con-
dition of liberty and universal equality.
The speech was followed by renewed and prolonged applause.
On motion of Mr. R. C. DeLARGE the Convention then adjourned to
three P. M.
AFTERNOOM SESSION.
The Convention re-assembled at three P. M.
Mr. B. E. WHITTEMORE ofl^red the following resolution, which was
agreed to :
Kemlved, That ten thousand copies of the Constitution of South Caro-
lina, as adopted by this Convention, and the several Ordinances passed
by the same, be printed in pamphlet form, for distribution among the
members, and that an amount suiiicient be draAvn from the Treasury of
the State by the President of this Convention to pay for the same.
On motion of Mr. T. J. ROBERTSON, the special order for four
o'clock this afternoon, being an Ordinance introduced by himself, was
postponed until twelve o'clock to-morrow.
On motion of Mr. N. J. NEWELL, the Convention then adjourned.
864 PROCEEDINGS OF TIfli
-FIFTIETH D^VY.
Frielay, Marck 13, iS@S.
The Convention assembled at ten A. IvI , and was called to order bj
the PEESIDENT. ,
Prayer was offered by tlie llev. I. BSOCKENTON.
The roll was called, and a quorum answering to their names, tl
PEESIDENT announced the Convention ready to proceed to business.
The Journal of Thursday was read and approved.
General Canby visited the Convention this morning, and was intro
duced by the PEESIDENT to the members, who rose and greeted th
General with enthusiastic applause.
The PEESIDENT read the fuUovs^ing commuuication, which wa
received as information :
HEADQUAETEES ARMY OF THE UNITED STATES, )
Washii^gton, D. C, March 9, 18G8. \
Hon. A. G. Mackey, President of tkc Convention :
Sir: — General Grant directs me to acknowledge the receipt of a cop;
of resolutions adopted by the Constitutional Convention of South Caro-
lina, and forwarded to rae by you.
I am, sir, with great respect, your obedient servant,
ADAM BADEATT,
Brevet Brigadier-General, A. D. C.
The President also read a communication from the Ladies' Juvenih
Benevolent Society, (colored,) tendering their compliments to the gentle
men of the Convention, and inviting them to attend their fair and mus
cal entertainment at Bonum's Hall, John-street, at eight o'clock th
evening.
On motion of Mr, WM. McKINLAY, the invitation was accepted b
the Convention.
The PEESIDENT announced the unfinished business to be the repor
of the Committee on Finance, Article IX. of the Constitution.
Mr. P. J. MOSES, Jr., from the Committee on the Executive Depart-
ment, presented the following section (section two) as amended. The
section was read twice and passed to a third reading.
The rules were then suspended and the section was read a third time
and passed:
Section 2. The Governor shall be elected by the electors duly quali-
;t7.ed to vote for members of the ITousd of Eepresentatives, and shall hold
W().N5T1TUTIU>'AL CON VJi:,TlO>. 8(J&
his office for two years, and until his successor shall be chosen and
qualified, and shall be re elij^ible He shall be elected at the first gene-
ral election held .under this Constitution for members of the General
Assembly, and at each general election thereafter, and shall be installed
during the first session of the said General Assembly after his election,
on such day as shall be provided lor by law. The other State officera
elect shall, at the same time, enter upon the performance of their duties.
Mr. J. M. EUTLAND, from the Committee on. the Legislative Pro-
visious of the Constitution, reported the following substitute for section
thirty- four. Legislative Department, which was read, and, on motion of
Mr. F. J. MOSES, Jr., was ordered to be printed and made the special
order for to-morrow at 11 o'clock :
Sectidn 34. The family homestead of the head of each family, residing
in this State, such homestead consisting of dwelling house, out-buildings
and lands appurtenant, occupied by such person as a homestead, not to
exceed the value of one thousand dollars, and yearly product thereof,
shall be exempt from taxation, levy or sale on any mesne or final pro-
cess issued from any court. To secure the full enjoyment of said liome-
stead exemption to the person entitled thereto, the personal property of
such person, of the fallowing character, to wit : household furniture,
bed and bedding, wearing apparel, school books, arms, carts, wagons,
farming implements, tools, neat cattle, work animals, swine and sheep,
not to exceed in value in the aggregate the sura of five hundred dol-
lars, shall be subject to like exemption as said homestead ; Frovided,
That no property shall be exempt from attachment, levy or sale, for
taxes, or for payment of obligations contracted for the purchase of said
homestead, or the erection of improvements thereon ; Provided further,
That the yearly products of said homestead shall not be exempt from
attachment, levy or sale, for the payment of obligations contracted in
the production of the same.
It shall be the duty of the General Assembly to enforce the provisions
of this section by suitable legislation.
Article IX. was thou taken up, read a third time, by sections, and
finally passed as follows :
AETICLE IX.
riNANCE AND TAXATION.
Section 1. The General Assembly shall provide by law for a uniform
and equal rate of assessment and taxation, and shall prescribe such
regulations as shall secure a just valuation for taxation of all property,
real, personal and possessory, except mines and mining claims, the pro-
ceeds of which alone shall be taxed ; and also excepting such property
18 may be exempted by law for municipal, educational, literary, scien-
ific, religious or charitable purposes
Sec. 2. The General Assembly may provide annually for a poll tax
Qot to exceed ouo dollar on each poll, which shall bo applied exclusively
866 PKO(.:ii;iiL>L\Gi Oi' Tii.V.
/
to the public school fund. And no additional poll tax shall be levied by
any mnnicipal corporation,
(Sec. 3. The General Assembly fehnll 'provide for an annual tax suffi-
cient to defray the estimated expen.^es of the State for each year ; and
whenever'it shall happun that such ordinary expenses of the State for
any year shall exceed the ineouie of the State for such year, the General
Assembly 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 yea.Y.
Si:c. 4. No tax shall be levied except in pursuance of a law, which
shall distinctly state the object of the same ; to which object such tax
shall be applied.
Sec. 5. It shall be the duty of the General Assembly to enact laws for
the exemption from taxation of all pul)iic schools, colleges, and iastitu-
tions of learning, all charita})le institutions in the nature of asylums for
the infirm, deaf and dumb, blind, idiotic and indigent persons, all public
libraries, churches and burying grounds; but property of associations
and societies, although counected with charitable objects, shall not be
exempt from State, Count}'' or Jiuuicipal taxation ; Frovidcd, That this
exemption shall not extend beyond the buildings and premises actually
occupied by such schools, colleges, institutions of learning, asyluma,
libraries, churches and burial grounds, although connected with chari-
table objects.
Sec 6. The General Assembly shall provide for the valuation and
assessment of all lands and the improvements thereon prior to the as-
sembling of the General Assembly of one thousand»eight hundred and
seventy, and thereafter on every fifth year.
Sec 7. I'or the purpose of defraying extraordinary expenditures, the
State may contract public debts ; but such debts shall be authorized by
law for some single object, to be distinctly specified therein ; and no
such law shall take effect until it siiall have beon passed by the vote of
two-thirds of the members of each branch of the General Assembly, to
be recorded by yeas and nays on the journals of each House respec-
tively ; and every such law shall levy a tax annually sufficient to pay the
annual interest of such debt.
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 re-
spect to persons and property Avithin the jurisdiction of the body impos-
ing the same. And the General Assembly shall require that all the
property, except that heretofore exempted within the limits of mu-
nicipal corporations, shall be taxed for the payment of debts contracted
under authority of law.
Sec 0. The General Assembly 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. 10. 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 issued, or for such debts as are ex-
pressly authorized in this Constitution
(X)2^STITUTJ(,)NAL CONVl^^i^TiON. 867
Sec 11. An accurate etatemeut of the receipt and expenditures of the
public money shall be published with the laws of each regular session
of the General Assembly in such manner as may, by law, be directed.
Sec. 12. No money shall be drawn from the Treasury but iu pursu-
ance of appropriations made by law.
Sec. 18. The fiscal year shall commence on the first day of November
in each year.
Sec 14. Any debt contracted by the State shall be by loan on State
Bonds, of amounts not less than fifty dollars each, on interest, payable
within twenty years after the fiaal passage of the law authorizing such
debt. A correct registry of all such bonds shall be kept by the Trea-
surer in numerical order, so as always to exhibit the number and amount
unpaid, and to whom severally made pRya1)le.
Sec 15. Suitable laws shall be passed by the General Apsemldy for
the safe keeping, transfer and disbursement of the State, County and
Sehool funds, and all officers and other persons charged witli the same,
shall keep an accurate entry of each sum received, and of each payment
and transfer; and shall give such security for the faithful discharge of
such duties as the General Assembly may provide. And it shall be the
duty of the General Assembly to pass lav.s making embezzlement <^f
such funds a felony, punishable by fine and imprisonment proportioned
to the amount of deficiency or embezzlement, and the party convicted of
such felony shall be disqualified Irom ever holding any office of honor
or emolument in this State ; Provided, however, That the General As-
sembly, by a two-third vote, may remove the disability upon payment in
full of the principal and interest of the sum embezzled.
Sec 16. No debt contracted by this State in behalf of the late rebel-
lion, in whole or in part, shall over be paid.
Mr. S. G. W. DILL offered the followia;^ ::
Resolved, That no land owner or other persons having charge of lands
in the county or State, shall be allowed to receive more thiin one-half of
the crop made or raised upon lands rented by him or her to any tenant,,
for the use of the lauds so cultivateil by said tenant, and no landlord in
any city, town or village, shall charge more than ten per cent, on any
house or lot, according to its assessed value by the assessor.
Mr. J. H, RAINEY moved to lay the resolution on the table.
Mr. S. G. W. DILIj. called for the yeas and nays,. whip,h was notr
seconded, and the motion to lay on the table was agreed to.
Mr. S. G. W. DILL oifered the ibllowing :
/■
Resolved, That the committee to wJiom were referred three resolutions,
namely : one on Universal Sutfrage; one declaring all the civil offices ia
the Stat© vaeant on the ratification of the Constitution, and one claiming-
pay for the members of the Convention from the time they left their
homes until they return, be instructed to report at half-past three o'clock
to-morrow. ' ^
110
868 pii(3Ci:edings of tub
■ Mr. S. A. SWAILS moved to lay the reBolution oa the table.
Mr. 8. G. W. DILL moved to lay the man that made the motion on
the table.'
The motion to lay on the table was agreed to.
•. JVJf.vS; G. W. DILL rose to a question of privilege, ahd said he
thought he had the right to make a few remarks.
The PRESIDENT decided that not to be a question of privilege.
Mr. S. G. W. DILL said he was in earnest.
Mr. B. F. WHITTEMOSE moved that the floor be given to the gen-
tlemen from Kershaw (Mr. DILL), for fifteen minutes, which was
agreed to. yH,bii^ri^ii
The PRESIDENT informed the house that the gentleman from Ker-
shaw had the floor for fifteen minutes, to speak on any subject he pleased.
Mr. S. G. W. DILL. I am in earnest in what I have to say. "As I am not
confined to any specific subject, I will take the opportunity to make a few
general remarks. We have had a long and pleasant time together, and
I hope this pleasantness will continue to the close of the Convention.
I have voted in every instance, while here, to the best of my knowledge
and ability, for everything that I thought would benefit the poor. At
the same time that I claimed to be the friend of the poor nia,iii I, WaB
no enemy to the rich. While I insist on giving the poor man justice and
all that truly belongs to him, I would not rob the rich of any of their
rights or privileges. Thank God ! I have enough to live on at home, but
that is not the case with the majority of my constituents. Numbers of
them are oppressed ; numbers are without homes, without shelter, and
cannot obtain it unless they give more than one-half of their physical
labor to their landlords for shelter. I have received numerous letters and
communications from my constituents in reference to the recpt of lands,
and I am begged to do something for them towards keeping the land-
lords in cheek.
Mr. E. C DELAPGE requested the privilege of asking the gentleman
a question.
Mr. S. G. W. DILL said he desired not to be interrupted, and if the mem-
ber did not keep still, he would have to get him in his friend's (Mr. HUT-
LAND'S) cage of hyenas. (Laughter.)
Mr. H. E. HAYNE rose to call the speaker to order, for having called
the gentleman from Charleston a hyena.
Mr. S. G. W. DILL said he only alluded to hyena cages building for the
hyenas here. ' '^":^'''' ^''''^ ''^^
Mr. li. C. DELAEGE asked the speaker if he was not onp of ioe
Jayeuas.
OOXSTITtlTIONAL CUNTSXTiur^. S69
' Mr. S. G!'W. DILL said he might come to it, when a poor man could
not live without turning hyena.
Mr. E. C. DELAEGE asked how much time was to be allowed the
speaker, and on what subject ho was speaking.
"The PRESIDENT eaid the gentleman was allowed fifteen minutes to
speak oil all subjects, and such other things besides as he might desire.
Mr. S. G. W, DILL. First, I am sorry to see so many contending
opinions relative to this homestead matter. I intend to fight that to the
day of my death. I'doii't think its right or just The amendment calls
for too little. I" want to get out of the old channel; The old laws of
the State dragged us all to perdition, and they still threateji to do so.
I want to get rid of them. Now, I say the homestead should' be, at
least, one hundred acres of land, and such a house as I choose to erect
on it. I should have the privilege of spending on that house one or five
thousand dollars, and that ought to be secured to me against all debts.
By the proposed amendment, if I built a house worth more than one
thousand dollars, I can be sold out of house and home if I get in debt. 1
say, let it be as first reported — one hundred acres of land 'and twenty-
five hundred dollars. I don't wonder that the demagogues outside
laugh at us in their sleeves. Our actions here are making laws that
will make the rich man richer and the poor man poorer. Now, I want
a change. We have come here to represent the great Union Eepublican
party ; that party is to-day composed of the poor men and those who
were but recently in slavery. I want to see this class treated fairly.
Secure suffrage to them all firmly, fixedly, so that they can protect them-
selves. Let these rich nabobs know that at last they have equals at th6
ballot'box, and my word for it, we can take care of ourselves. I have
lived in this city, off and on, for near on to forty years. I know as much
about the men who call us ringed-streaked-and-striped as any body, and
if I choose to tell, I could astonish you with a revelation of secrets that
would account for some oT these streaks. But I wont say much more ;
only this, that when I go from here I mean to take my horse and buggy ^
canvass my district and explain the Constitution, and if the people of
Kershaw don't ratify it by a handsome vote, it will not be the fault of
their delegate in this Convention.
The fifteen minutes having expired the PSESIDENT called the gen-
tleman to take his seat, when Mr. E. C. DeLAEGE moved that his time
be extended, provided he stated the subject matter to be discussed.
The motion was not agreed to, and the PEESIDENT decided that the
jnember could speak no longer. . ,
Mr. T. J. EOBEETSON called up the Ordinance introduced by him
870 niOCEEDINSS OF TIIJl
for the appointment of three commissioners to investigate claims against
the State, Ite., which had been referred to a special committee of nine,
"who had recommended the passage of the Ordinance.
Mr. B. E. E.A.NDOLPH. I would state that an Ordinance somewhat
similar' in its provisions, but leaving the matter to be acted upon by the
Legislature, has been passed, and I, therefore, consider this Ordinance
unnecessary.
Mr. T. J. EOBERTSON. I advocate the passage of the Ordinance,
eimply on the ground that by the appointment of these Commissioners,
all the information necessary for the Legislature to have upon the sub-
ject of claims against the State, and its financial condition and resources
could be collected by the Board previous to the meeting of that body,
.and would also aid the credit of the State.
Mr. B. F. WHITTEMORE moved to strike out the enacting clause,
which was agreed to, and the Ordinance was thereby rejected.
Mr. E. W. M. MAGKEY, from the Committee on the Legislative
Provisions of the Constitution, submitted an additional article to the
Constitution, wliich was read twice and ordered to be printed, and mad©
the special order for to-morrow morning :
AMliNDMICNT AND RLTISirtX OF THK COHSTITFTJiOX.
Section i>^). Av.j amendraont or amendments to this Constitution may
be proposed in the Senate or House of Hepresentatives. If the same be
agreed to by two thiids of the members elected to each House, such
arafcndnient or amendments shall be entered on the journals, respec-
tively, with the yeas and nays taken thereon ; and the same shall be sub-
mitted to the qualified electors of the State, at the next general election
thereafter for Representatives, and if a majority of the electors, qualified
10 vote for members of the General Assembly, voting thereon, shall vote
in favor of euch amendment or amendments, and two-thirds of each of
the next Legislature shall, after such an election, and before another,
ratify tiie same amendment or amendments, by yeas and nays, the same
ishall become part of the C-oustituiion ; Provided, That such amendment
or ameudmencs shall have been read three times, on three several days,
in each House.
Sec. 36. If two or more amendments shall be submitted at the same
time, they shall be submitted in such manner that the electors shall vote
for or against each ot such amendments separately ; and while an amend-
ment or amendments which shall have been agreed upon by one General
Assembly shall be awaiting the action of a succeeding General Assembly,
or of the electors, no additional amendment or amendments shall be pro-
posed.
COXSTITUTIO^'^L CONVENTIl^N. 871
Sec. o7. V\*hanever two-thirds of the members elected to each branch
of the General Assembly shall think it necessary to call a Convention to
revise, amend, or change this Constitution, they shall recommend to the
electors to vote at the next election for Representatives, for or ap-ainst a
Convention ; and if a majority of all the electors voting at said election
shall have voted for a Convention, the General Assembly shall, at their
next session, provide by law for calling the same ; and such Convention
shall consist of a number of members not less than that of the most
numerous branch of the General Assembly.
Mr. WEIGHT, from the Special Committee of Five, submitted the
following report and Ordinance, which were ordered to be printed, and
made the special order for to-morrow :
The Special Committee to whom was referred the resolution of the Con-
vention providing for the appropriation of the Citadel, in the city of
Charleston, for educational purposes, respectfully report that they have
complied with the instructions conveyed by said resolution, and herewith
transmit an Ordinance in conformity therewith, and recommend the
adoption of the same :
Be it ordained, Thp.t the General Assembly is hereby instructed to
provide, by suitable laws, for the appropriation of the Citadel and grounds,
in the city of Charleston, for educational purposes, said buildings and
grounds to be devoted to the establishment of an institution of learning,
which shall be a body politic and corporate, and shall be managed by a
Board of Trustees, and their successors, who shall be chosen by the
General Assembly, and shall be subject to visitation by and under its
authority. Said institution of learning shall have power to establish
schools of law and medicine, and to issue diplomas that shall entitle the
holders to practice said professions, as shall be prescribed by law.
Mr. E. W. M. MACKEY moved that the Committee on Franchise
and Elections be instructed to report to-morrow on the Ai-ticle that has
been referred to them. Adopted.
Mr B. F. RANDOLPH moved to take up an Ordinance in relation to
corporate bodies, which wasread, and
Mr. J. M. RUTLAND moved to strike out the preamble.
Mr. B. F. WHITTEMORE moved to strike out the words from
" whereas" on the first line to " whereas" on the seventh line, which
was adopted.
Mr. J. J. WRIGHT moved to strike out the words "or modify" in
fourth line. Adopted.
Mr. B. F. WHITTEMORE moved to add, "And it shall be the duty
of the General Assembly, at its first session after the passage of this Or-
dinance, to attend to the same." Adopted, and the Ordinance was read
a third time, as follows, and passed.
^7§ P?lOCKEDI^■■»^ QF Tai:
ii ;.:n/tc rfoi^o . ■ AN OEDII^ANCE
To repeal all acts of Legislation passed since the (iccntieth day of De-
cember, one thousond eight hundred and sixty/, ivhich pledge the faith
and credit of the State far the benefit of any Corporate Body.
Whereas, it is inexpedient that wlien the credit of the State is ad-
vanced or pledged for the benefit of public enterprises and works, in
which the people of the State are interested, that power should be lodged
in the General Assembly to exercise a salutary control over such, public
enterprises and works, to the end that tlie commerce and industry of the
State should be adequately fostered and promoted ; therefor«j
M^e, the People of South Garolina, in ConvejiLion met, do Ordain, ,Tbat
all acts or pretended acts of legislation- purporting to have been passed,
by the General Assembly of the State since tlie twentieth day of De-
cember, A. B. 1860, pledging the faith and credit of the State for the
benefit of any corporate body or private individutli, aj-e hereby suspended
and declared inoperative until the General Assembly shall assemble and
ratify the same. And it shall be the duty of the Generrii Assembly at
iits first session after the passage of this Ordinance to attead to the same.
The Convention then adjourned.
:r.; , F I F T Y - F I R S T 3D ^^ Y" .
Ojfj vd Wir.Knvj
The Convention assembled at ten A. M., and was called to .order by
the PEESIDENT. "■'"I 'J^' ^- • '-.■.■.| oi .;
Prayer was offered by the Eov. J. M. RUN^J^ON.
The roll was called, and a quorum answering to their names, the
PRESIDENT announced the Convention rei^'dy to proceed to business.
The Journal of Friday was read and approved.
The PRESIDENT read the following communication, which was re-
ceived with applause .
ii:.;., . • oWak Depaktment, Washikgtox, D. C, March 9^ 1868.
'iStr :— I have the honor to acknowledge the receipt of your communi-
ca:>ion of the 2d instant, transmitting a copy of resolutions adopted by
the Constitutional Convention of South Carolina on the 27th ult. I bog
you to communicate to the Convention my thanks for the expressions
contained in the resolutions in reference to my ollicial action.
'•'" I am, with great respect, your ob-edient servant,
;""■'■•'•' ' EDWIN M. STANTON.
' "Hot/.- ^^^(jf; Mack ET,
President of the ConstiluiioncJ Ccnvcrdion of Sotith Carolina.
a.>2*STri'{JTiONA,l. COJSyEIsTiOJ^. &7S
Article X. of tho Conatitution was taken up, read a taird tlm«, and
with, the escoption of sectioa ten, in relation to opening thfe sehoola to
all, without iregard to race or color or previous eo-nditio|i, passed and
declared an integral part of the Gonstitution. ' , ■';'" • ''^'|' '
The following is the article as passed :
AETICLE X. ::oi}lS T
■<H baa ,<!;];.'.;. i^iiy.
. EDUCATIO:r. .):i \huU /nil/p-'-J
- . :;■ :. ■■( ■ •! •:.!i;'>' .
SECTroN- 1. The superyi-sion of public instruction shallfe^, vested, u^' a
State Superinteudeat of Edacatiun, who shall be elected by, the qualiiied
electors of the State in such manner and at such time as the other Siat^
officers are elected ; his powers, duties, term of office and, compensation
shall be defined by the (ieneral Assembl}'. .-,,■. .,. •
Sec. 2. There shall be elected biennially, in each County^ by the quali-
fied electors j;hereof,. one School Commissioner, said Comaiis&Loners to
constitute a State Board of Education, of which the State SuperiaT-
tendent shall, by virtue of his office, be Chairman; the powers, dutiea,
and compensation of the members of said BQai-d.^all be deterniine4j-,b>jr
law. ,,■..!,; ,i'.n::
Sec. 3. The General Assembly shall, as soon as practicable after't,^?
adoption of this ConstitutioQ, provide for a liberal and uaiforpa sysfp}:)^
of free public schools throughout the State, and shall also make,pr<^
vision for the division o< the State into suitable School District:^.; There
shall be kept open at least six months in each year one or mpr/evsch^l*
in each School Uistrict. -/!■•- I ji; toxi
Sec -i. It shall be the duty of the General Assembly to provide) 'fgf
the compulsory attendance, at either public or private, schools, of f,all
children between the ages of six and sixteen years, not physically. or
mentally disabled, for a term equivalent to twenty-four months at least:
Frovided, That no law to that eifect shall be passed until a system of
public schools has been thoroughly and completely organized, and facili-
ties afforded to all the inhabitants of the State for tho free education of
their children. , . .. ,!!-;■
Sec. 5. The General Assembly shall levy at each regular ses^ioji 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
S:ate 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 educa-
tional purposes ; Provided, That no person shall ever be deprived of the
right of suffrage for the non- payment of said tax. No other poll or capi-
tatiou tax shall be levied in the State, nor shall the amount assessed on
each poll exceed the limit j:iven iu this section. The School T<jix shall
be distributed among the several School Districts of the State, in propor-
tion to the respective number of pupils attending the public. schools,
religious No sect or sects shall have exclusive right tO; or control,; of any
S74 PROCKLDINGS uF THE
part of the school funds of the State, nor shall sectarian principles be
taught in the public schools.
Sec. 6. Within five years after the first regular session of the General
Assembly, following the adoption of this Constitution, it shall be the
duty of the General Assembly to provide for the establishment and sup-
port of a State Normal School, which shall be open to all persons who
may -wish to become teachers.
Sec 7. Educational institutions for the benefit of all the blind, 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 juve-
nile offenders.
Sec. 9. 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
given to this State, for tlie support of smh a college, by the act of Con-
gress, passed July second, one thousand eight hundred and sixty-two, or
the money or scrip, as the case may be, arising from the sale of said
lands, or any lands which may hereafter be given or appropriated for
such purpose, for the support and maintenance of such college, and may
make the same a branch of the State University, for instruction in Agri-
culture, the Mechanic Arts, and the Natural Sciences connected there-
with.
Sec 11. The proceeds of all lands that h;ve been or hereafter may be
given by the United States to this State for educational purposes, and
not otherwise appropriated by this State or the United States, and of all
lands or other property given by individuals, or appropriated by the
State for like purpose, 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 Eund, and the aniiual interest and
income of said fund, together with such other means as the General
Assembly may provide, shall be faithfully appropriated for the purpose
of estabUshing and maintaining free public schools, and for no other
purposes or uses whatever.
Article VIII. on the right of suffrage v>'a3 read a third time, passed, and
declared an integral portion of the Constitution, as follows :
AETICLE YIII.
BIGHT OT? SUFFRAGE.
Section 1. In all elections by the people the electors shall vote by ballot.
Sec 2. Every male citizen of the United States, of the age of twenty-
one years and upwards, not laboring under the disabilities named in this
Constitution, without distinction of race, color, or former condition, who
shall be a resident of this State at the time of the adoption of this Con-
stitution, or who shall thereafter reside in this State one year, and in the
County in which he offers to vote, sixty days next preceeding any elec-
CONSTITUTIONAL CONYEIS-TIQJf. 873
tion, shall be entitled to vote for all officers that are now, or hereafter
may be, elected by the people, and upan all questions submitted to the
electors at any elections ; Provided, That no person shall be allowed to
vote or hold office who is now or hereafter may be disqualified therefor
by the Constitution of the United States, until such disqualification shall
be removed by the Congress of the United States ; Provided further,
That no person, while kept in any alms house or asylum, or of unsound
mind, or confined in any public prison, shall be allowed to vote or hold
office.
Sec. 3. It shall be the duty of the General Assembly to provide from
time to time for the registration of all electors.
Sec. 4. For the purpose of voting no person shall be deemed to have
lost his residence by lea-^on of absence while employed in the Bevvlce of
the United States, nor while engaged upon the waters of this State
or the United States, or of the high seas, nor while temporarily absent
from the. State.
Sec. 5. 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
having been stationed therein.
Sec. 6. Electors shall, in all cases, except treason, felony or broach of
' the pea3e, be privileged from arrest and civil process during their atten-
dance at elections, and in g"ing to and returning from the same.
Sec 7. Every person entitled to vote at any election shall be eligible to
any office which now is or hereafter shall be elective by the people in the
County where h(^ shall huve resided sixty days previous to such election,
except as otherwise provided in this Constitution or the Constitution and
laws of the United States.
Sec. 8. The General Ass'-'mbly shall never pass any law that will de-
prive any of the citizens of this State of the rigiit of suffrage e:?:cept for
treason, m^^rde^, robbery, or duelling, whereof the persons shall have
been duly tried and convicted.
Sec 9. Presidential electors shall be elected by the people.
Sec 10. In all elections held by the people under this Constitution,
the person or persons who shall receive the highest number of votes shall
be declared elected.
Mr. E. C. DeLARGE, the'Chairman of the Committee on Franrvhiae
and Elections, submitted the following additional sections, on which /t]i0
rules were suspended ; the sections were read three times and passed :
Sfic 11. The provisions of this Constitution concerning fue terms of
reaidence necessary to enable persons to hold certaiin,- offi';e^ therein
mentioned, shall not be held to apply to <fficers cho?en by rho people at
the .first election, qjc by the General Assembly at xii-, virw.'sp.ss:on.
,S£C. 12. No person shall be disfranchised for it-j-juy or otlier crime
GObtam^fced while such person was a slave.
MrJ JAMES D. BELL presented the p-^tition from Mr. D. L. Thomp-
son, of Yorkville, praying the Convention to : ocoiiiUtsnd the removal of
111
me PROCEEWNOS OF IMS
his political disabilities, wkich was referred to the Committee on Pefei-
tione.
Mr. T. J. EQBERTSON presented the petition of Mr. James Augustirs
Black, of Abbeville District, praying the Convention to recommend th©
removal of his political disabilities.
[Referred to Committee on Petitions.
Mr. N. J. NEWELL presented the following resolution, which, on
motion of Mr. W. J. WHIPPER, was made the f special order for Mon-
day, twelve o'clock.
"Whereas, the Union Eepublican party has pledged itself to the sup-
port of 2,11 internal improvements ; and, whereas, a connection by rail-
road between the Atlantic coast of this State and the States of the West
is of great importance to develop the agricultural, mineral, mechanical,
and mercantile resources of the State ; and, whereas, the sum of three
millions of dollars have already been expended upon the Blue Eidge
Railroad, connecting this State from Anderson to Ivnoxville, Tennessee ;
and, whereas, efforts are now being made by the officers of said road to
secure a large subscription of lands thereto along the line of said road
by the citizens of North and South Carolina, })etween Walhalla and
Knoxvilie, with reasonable prospects that such efforts will be crowned
with successs ; therefore, be it
Resolved, By this Convention, that the General Assembly, so soon as
satisfactory evidence shall be furnished, that 300,000 acres of land along
the line of said road shall have been donated for the purpose of comple-
ting the same, be and they are hereby requested to endorse the bonds
of the said Blue Ridge Railroad, heretofore authorized to be issued by
the General Assembly of this State, under such restrictions as they
may deem proper, to an amount not exceeding three millions of dollars,
and that the General Assembly may provide, by all proper means, to-
secure the completion of the said road at the earliest day practicable.
The following supplementary article to the Constitution,''reported by
Mr E. W. M. MACKEY, was read a third time, passed, and declared
an integral portion of the Constitution, as follows :
ARTICLE — .
AMEJTDMEIfT AliD EEVISION OF IHE CONSTIIUTIOBr.
r^ Section 1. Any amendment or amendments to this Constitution may
be proposed in the Senate or House of Representatives. 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 qualified electors of the State, at the nest general election thexe-
C0N3i'lTUTI0NAL CONVEXnOX. 877
after for Representatives, and if a mftjority of the electors, qualified to
vote for members of the Greneral Assenibl}', voting thereon, shall vote
in favor of such amendment or amendments, and two-thirds of each
branch of the next General Assembly, shall, after such an election, and
Ijefore another, ratify the same amendment or amendments, by yeas and
nays, the same shall become part of the Constitution: PrGvided, That
such amendment or amendments shall have bten read three times, on
three severjil days, in each House.
Sec. '2. If two or more amendments shall be submitted at the same
time, they shall be submitted in such manner that the electors shall vote
for or against each of such amendments separately.
Sec. 3. Whenever two-thirds of the members elected to each branch
of the General Assembly shall thiut it necessary to call a Convention to
revise, amend, or change this Constitution, they shall recommend to the
electors to vote at the next election for Representatives, for or against a
Convention; and if a majority of all the electors voting at said election
shall have voted for a Convention, the General Assembly shall, at their
next session, provide bylaw for calling the same; and such Convention
shall consist of a number of members not less than that of the most
numerous branch, of the General Assembly.
Mr. R. C. DeLARGE ofi'ored the following resolution:
Rpsohied, That this Convention petition Congress to remove all politi-
cal disabilities from the citizens of this State.
Mr. W. J. WHIPPER moved that the resolution be made the special
order for Monday, at four o'clock.
Mr. J. D. BELL moved that the resolution be indefinitely postponed.
Mr. R. 0. DeLARGE. I desire to see this body act with the dignity
and gravity which becomes a subject of such great importance. Nothing
is 60 surprising as to see what appears to be an anxious desire on the
part of some members not to meet fairly a question like the one now
before us. I confess I am anxious to have this resolution discussed. I
am anxious that its friends should have an opportunity of advocating
its passage. At the same time, I desire to hear the reasons that may
be urged against it. I hope, therefore, the Convention will not vote in
favor of an indefinite postponement. I move that the motion to inde-
finitely postpone' be laid on the table.
The motion to lay on the table was not agreed to.
Mr. W. J. WHIPPER. I hope the opponents of that resolution are
not afraid to meet us in the discussion of that question. I am in favor
of the resolution, and ready to give my reasons. I only ask to have it
fairly argued. With regard to the meii^s of the proposition, it is wrong.;
we expect those who oppose it to show the injuiious effects that would
873 PKOCi^JiDINC.S OF THE
be caused by its adoption. If^the friends of the resolution are right,
as they believe they are, and can prove it upon a frank and calm ais-
cussion of the mattor here, let us have that discussion. I ask that the
raotion to indefinitely postpone be voted down, and that the resolution
be made the special order for this afternoon or to-morrow.
Mr. E. L. CAKDOZO. I hope the motion to postpone will not pre-
vail. I hope there will be no fear to take this subject up, and it is also
to be hoped that the Convention will exercise that magnanimity and
generosity which becomes ever^ citizen of this State. A motion to post-
pone is only a sort of polite way of dodgiag a question ; and this is but
saying, in a polite way, we are not in favor of a removal of political disa-
bilities. We hope those opposed to it, however, will have the courage
to say so, and will not shirk the responsibility. There are Some of ua
who favor the proposition as an act of generosity, and we wish to dis-
cuss it. We think it is a matter of expediency as well as of policy to do it ;
and I hope when the question comes up, it will be shown that our party
canexercise a generosity and magnanimity unparalleled in the history of
the world ; that although our-people have been oppressed and havo
every indiiceraent to seek revenge ; although deprived of all mean? of
education and learning, we can rise above all selfishness and exhibit a
christian universality of spirit.
Mr. B. G. W. DiLL. I hope the motion to indefinitely postpone will
prevail. I have not so much confidence as others in what outsiders say
they will do for us. I do not think it good policy to put a weapon into
the hands of our enemies ; and hence, am opposed to this proposition.
I am willing, however, to debate on the propriety of removing the disa-
bilities ef those who may be recommended by their delegations on this
floor ; but cannot favor such a sweeping resolution as this.
At this stage of the business, ilr. W. II. Sweet, a member of the
North Carolina Constitutional Convention, visited the Convention, and
was ihtroducad to the members by the PRESIDENT, and made some
remarks congratulatory of the body.
Mr. j.^: ^yEIG^iT. This is a question v/hich no doubt will strike
the mass of members of this body as rather peculiar. I hope, therefore,
we shall have a full and frank discussion ; and that we shall determine
whether it is or is not for the welfare of South Carolina to pass the reso-
lution. It has been intimated that there are those who are timid and
afraid to meet the question. I am not one of that kind. The gentle-
man who last t-poke says he is willing to show a christian spirit when-
ever there is a proper evidtuce of repentance. So am I. The resolu-
tion has been introduced, and if we fail to meet it, it will be said by
CONSTITUTIONAL CONYIWTIOS 879
outsiders that we were afraid of the question. I am perfectly willing
and ready to nieot it now.
MrA. BRY<'E. Thaf's all, Wright. (Laughter.)
Mr. L. S. LA.NGLEY. I hope, inasmuch as the Convention is
drawing to a close, and we are about to return to our homes and con-
Btitueiits, no subject requ-iriag such grave deliberation as this will be
forced upon this body. I am decidedly in favor of indefinitely post-
poning the consideration of this resolution. While favoring an exten-
sion of the right of franchise to all men, I think this question should
have been brought up at its proper time and place. Had it been intro-
duced some weeks ago, we might have given it the consideration it
deserves ; but now that we are about to adjourn, to consider so grave a
subject would, in my opinion, be exceedingly unwise. I, therefore, do
hope the motion to postpone indefinitely will prevail, and that wo shall
content ourselves by acting simply on the petitions that have been intro-
duced.
Mr. W. B. NA.SII. I hope that motion will not prevail. I believe
this is one of the most important matters that can be brought to the
attention ci the Convention. I hope we shall pass this very measure.
Now that we have nearly formed a Constitution to present to the people
of the State, v/hat more glorious act could wo wind up our labors with
than to offer to the people of the State, to those disfranchised, a univer-
sal pardon ? It would show to the men who have raised their hands
egaiust us, that we can exercise a magnanimity of which we can be
proud, and it would be a great stroke of policy on the part of this.
Convention. Wo should disarm our enemies. I believe I was almost
the first man in this State, in the Eepublican party, who dared to advo-
cate this measure, and it fills my heart with joy to find men, who, a
month ago, were denouncing me in reference to this very proposition,
now coming forward to my support. My heart is interested in the sub-
ject, because I believe it will redound to the xVelfare of the people of
South Carolina, and the welfiire of the whole country. Congress made
a great mistake in disfranchising so many of the people of the Southern
States. I wish to see every man in South Carolina have a right to cast
his vote, and also the rigft; to hold an office if he can get one. It will
do us good, and when we enfranchise the people of this State it will be
said, that it was the loyal masses who did it. I hope, therefore, the
motion to postpone will not prevail.
Mr. E. B. ELLIOTT. I have not risen to make a speech, for I be-
lieve it to be unnecessary. It id a useless consumption of time to discuss
Avhether this matter should be postponed, and I hope the membera
will vote unnnimcu.«1y against it.
Mr, J. H. RAINEY. I regret extremely at this stage of t^ul* proceed-
ings, that we are compelled to discuss a measure. of such importance as
the one before us. I cannot see why it is that members on this floor
oppose a resolution which is simyly an exjjres^ion of peace and good
will to the whole ISta,te. I am in favor of tiie lesulutiuu, and believe we
can well afford to adopt it, and exhibit a muguduituity whioii has not been
shown to us.
Mr. J. S. CRAIG. I hope this motion will be voted down. We have
introduced and supported various generous measures here, and there is
no reason why the majority should not confer upon the minority a privi-
lege which we can afford to accord to them. It we are in favor of uni-
versal suftrage, we certainly ought not to ignore those who are politically
disabled for past offences If we adjourn without acting upon this sub-
ject, to whom are those who have petitioned for a removal of tlieir dis-
qualifications to appeal for redress i* Ldt us show our sense of justice^,
and a desire to accord to every man the privileges which we enjoy.
Mr. R. B. ELLIOTT. I now move the previous question.
The previous question was sustained ; and ou the main question Mr.
Y. L. CAEDOZO called for the yeas and nays.
The yeas and nays were ordered, and being taken resulted as fallows :
Yeas — Messrs. Alexander, Bell, Burton, Camp, Coghlan, <Jlinton, Dill,
Dogan, Foster, Goss, Henderson, Jacobs, Langley, McDaniels, Middleton,
Nance, Neagle, Nuckels, Owens, Rose, White, Wingo — 22.
Naxs — The President, Messrs. Allen, Arnim, Becker, Bowen, Bonum,
Boozer, Brockenton, Brice, Cain, Cardozo, Chamberlain, Cook, Collins,
Corley, Craig, Crews, Darrington, DeLar;j:e, Dickson, Ouncan, EUiott,
Gentry, Graj', Harris, J. N. Hayne, 0. D. Hayne, H. E. Hayne, Holmes,
Humbird, Hurley, Jervey, Jillson, S. Johnson, W. B. Johnson, J. W.
Johnson, W. E. Johnston, Jones, Ling, Lee, Louiax, Leslie, Mackey,
Mayer, W. J. McKihlay, Wm. McKinlay, F. F. Millar, Milford, Nance,
Nash, Nelson, Newell, Olsen, Raluey, Eansier, Rivers, Robertson, Run-
ion, Rutland, Sanders, 8malls, Stubbs, Thomas, A. Tbompsou, B. A
Thompson, S. B Thompson, Viney, Whittemore, Williamson, F. E,
Wilder, C. M. Wilder, Wooley, Wright— 72.
Absent — 26.
So the motion was not agreed to.
The resolution was made the special order for Monday afternoon, at
four o'clock.
The Convention proceeded to consider the thirty-fourth section of the
Report of the Constitution on the Legislative part of the Constitution.
Mr. J. S. CRAIG moved to amend by inserting after the word " occu-
pied," in line two of the bill, the words " or cultivated."
COKSTITIITIONAL CONVENTION 881
It is a well known fact that in many places of this State, the beat
cultivated lands are so situated that a cian. cannot live on them in the
summer timp, Vrecauso of siclcness.
My Jim^ndment provides that, if cultivated, the owner can claim the
pTaee as a homest-^ad.
Mr. J. L. NEAGLE mnvf>d to strike out the words in second line from
"occupied" to "homestead ;" in sixth line to strike out the words "wear-
ing apparel," and to insert after word "homestead," in ninth line, the
words "and there shall be exempt in addition thereto all necessary
wearing apparel."
Mr. J. M. EUNION moved to strike out "school books," in sixth
line, and insert "family library ;" and also to strike out in sixth line the
word "bed." and insert "beds."
Mr. F. L. CARDOZQ moved to strike out the words " one thousand,'^
and insert the weirds " two thousand," in third line.
Mr. B. F. WHITTEMORE moved to strike out "one thousand," and
insert "ten thousand."
Mr. C P LESLIE moved to insert in fifth line, after the word "there-
to," the words "or to the head of any family," and in seventh line "or
goats."
Mr. S. A. SWAILS moved to insert after the word "Assembly,"
thirteenth line, the words "at their first session."
Mr. C. P. LESLIE. I do not think much discussion on this sub-
ject is necessary. I wish, however, to define what a homestead is ; why
homestead laws are sustained, and for whom they are enacted. Lord
Coke once said a man never understood the law unless he understood
the reason of it. Show me a man who understands the reason of the
law, and I will show you a man who understands the law. If we com-
mence at the foundation and go back to the bottom, or the inquiry of
what a homestead law is ; what it means, and what it is intended to eiFect,
we would not have a great deal of trouble in disposing of every other
question connected with it. A homestead law is sustained by considera-
tions of public policy.
It is sustained because it is a humane measure. The courts uphold and
sustain it, because it is charitable in its object and purposes. By the old
comoion law, it used to be a crime for a man to owe a debt. A mau
could be seized and imprisoned. All that has passed away. We have
amended the laws of South Carolina so that there can be no further
imprisonment for debt. Now, we propose to create a homestead. We
cannot make a homestead law, unless we keep in view the fact that we
are endeavoring to shelter our peoplo from the storm, the rain and the
832 rPvO.CSEDINSS OF THS
miefortunes of the world. If we propose to make a homesfead for any
other than charitable puiposes, the courts will not sustain it. If we pass
a sweeping homestead law to secure the debtor against his just debts,
we will fail in our efforts. But if wo pass a fair, reasonable law, that
appears to be necessary, the courts will sustain it and uphold it. If we
undertake, however, to cover up an unusual sum of money from the
creditor, the courts cannot sustain it, and they will declare th^ hon^e-
stead bill, a bill to repudiate debts, and it will be defeated. Our friend.9
must also remember that a debtor, as matter of right, is not entitled to a
dollar as long as he owes his creditor. Everything granted him is
granted on the score of humanity and public policy. I say, then, to our
friends, we must be modorate in our demands, or we will certainly lose
all. Our friends from Charles'^on desire that the sum of two thousand
dollars should.be exempt. If we strike out two thousand dollars' worth
of real estate, I a,sk if that is applicable to the country ? Wh-at will be
its effect ? I do not stand here to shield the rich man, nor do I speak
exclusively for the poor. But I want to do what is fair and what is just.
If we give to the country people two thousand dollars' worth of real
estate, the effect will be that the rich planter will just shield himself
under that two thousand dollars, and will deprive the poor people of an
opportunity of getting any land by sale .or otherwise. Every dollar
allowed a debtor is so much kindness, and ought to conamaud his grati-
tude. For this reason, too, I would make it moderate. Two thousand
dollars would allow a certain class of persons to shield a large quantity
of land that might Ibe sold with advantage to the State. If a man can-
not live upon one thousand dollars' worth of land ; if he could not live
Tjipon that, I think he would be a very unreasonable man. A liian that
cannot be satisfied with that provision, had better go to some other place,
if he can find it. There are two propositions before the body, one to
exempt -twenty-five hundred dollars' worth of property, and another pro-
posing that all lands and houses shall be exempt. Now, that's extreme.
Neither are right ; because neither are in the nature of a fair homestead
law. My first idea was that two thousand dollars' worth of real estate
should be exempt, but upon consultation, I came to the conclusion that
such a provision would not be sustained. It would seem too much like
a repudiation of all debts.
The PRESIDENT informed the members that an artist was present
,;VPjiO desired to take a picture of tho Convention, and requested all who
wished to hand down their fac simile to posterity, to remain seated for a
ehort time, presenting as decorous an appearance as possible.
c.a.tMr. B. F. WHITTEMORE said it was suggested by the gentleman
COXSTITUTIUXAL CO^'VENT10N. 883f
from Fairfield (Mr. EUTLAKD), that all the good looting men go to
the front.
The PEESIDENT asked if the gentleman from Darlington (Mr.
WHITTEMORE) would lead the way ? (Great laughter.)
Mr. L. S. LA.NGLEY. I second the motion.
At the request of the artist, the members ranged themselves ia
seats towards the President's stand, facing the front entrance of the hall.
Two pictures were then taken, the body maintaining the most perfect
silence.
The PRESIDENT begged leave to resign the Chair in favor of the
photographer, who, he said, had been able to preserve better order than
had been witnessed during the sitting of the Convention. He had not
been compelled to call even the gentleman from Barnwell (Mr. LESLIE)
to order.
The hour of adjournment now having arrived, the Convention took a
recess until three o'clock, P.' M.
AFTKRIS^OOJSr SlilSSlOiSr. -
The Convention re-assembled at three, P. M.
The PRESIDENT said that, before proceeding to the regular busi-
ness of the Convention, he desired to read the following copy of the
official order of General Canby, in relation to the election ordained by
the Convention, for voting on the ratification of the Constitution, and
the election of members of Congress and State oflicers :
HEADQUARTERS SECOND MILITARY DISTRICT, }
Chaelestox, S. C, March 13, 18G8. ^
[General Orders, No. 40.]
The Constitutional Convention of the State of South Carolina, in con-
formity with the act of Congress of March 2-3, 18G7, supplementary to
the act of March 2, 18G7, "to provide for the more eificient govern-
ment of the rebel States," having framed a Constitution and civil gov-
ernment according to the provi-sions of the aforecited laws ; and having,
by an Ordinance adopted on the 9th day of March, 18GS, provided that
the said Constitution shall be submitted "for ratification to the persons
registered under the provisions of this act (March 23, 18G7, section 4),
at an election to be conducted by the officers appointed, or to be ap-
pointed by the Commanding General, as hereinbefore provided, and to h&
held after the expiration of thirty days after the notice thereof to be given
by the said Convention ;" and having further provided, by the aforesaid^
112
8S4i PROCEEDINGiS OJ- TSE "
Ordinance, that at the same time an election shall be held for Governor^
Lieutenant-Governor, Adjutant and Inspsctor General, Secretary of State,.
Comptroller-General, Treasurer, Attorney- General, Superintendent of
Education, and members of the General Assembly; and, further, that
in each Congressional District of the State an election shall be held for
a member of the House of Representatives of the United States Con-
gress, and for two members at large; It is ordered,
Pirst. That an election be held in the State of South Carolina, com-
mencing on Tuesday, the 14th day of April, and ending on Thursday,
the 16th day of April, 18G8, at -which all registered voters of said State
may vote " For Constitution" or " Against Constitution," and also on
the same ballot for the State officers and mc-mbers of the House of Eep-
resentatives, specified in the aforesaid Ordinance.
Second. It shall be the duty of the Boards of Registration in Sauth
Carolina, commencing fourteen days prior to the election herein ordered,
and giving reasonable public notice of the time and place thereof, to re-
vise, for a period of five days, the registration lists, and upon being satis-
fied that any person not entitled thereto has been registered, to strike the
name of such person from the lists, and such person shall not be entitled
to vote. The Boards of Registration shall also, during the same period,
add to such registers the names of all persons wlio at that time possess
the qualifications required by said Acts, who have not already been
registered.
Third. In deciding who are to be stricken from or added to the regis-
tration lists, the Boards will be guided by the law of March 2, 1867, and
the laws supplementary thereto, and their attention is specially directed
to the supplementary act of July 19, 1867.
Fourth. Any duly registered voter of this State who may have removed
from the district in which ho v/as registered, shall be entitled to vote in
the district (county) to which he has removed, and has resided for the
ten days next preceding this election, upon presentation of a certificate
of registration from the district in which he was originally registered, or
upon his afiidavit or other satisfactory evidence that he was so registered,
and that he has not voted at this election. It shall be the duty of the
Registrars, upon the application of any duly registered voter who has
removed, or is about to remove from the precinct in which he was origi-
nally registered, to furnish him with a certificate that he was so regis-
tered, and to note the fact in the registi'ation books of the precinct. la
default of the certificate, the afililavit of the voter must set forth the
district and precinct in which he was originally registered, and the
length of time he has resided in the county in which he desires to vote.
In doubtful cases, the Regi&trars ov Managers of Elections shall require
such additional evidence as may be necessary to satisfy them that tho
applicant is legally entitled to vote. Blank forms for the certificates and
for the affidavits herein required, will be furnished the Registrars and
the Managers of Elections, and when used will bo attached to the ballots
cast by such voters, and will be transmitted to District Headquarters
Avith the returns required by law.
Fifth. The said election will bo held in each district at such places as
nifly hereafter be designated, under the superintendence of the Boards
I
CONS i'ilL HON AL CONViiXTluX. , -885
of Registration as provided by law, and in accordance with instructions
hereafter to be given to said Boards, in conformity with the acts of Con-
gress, and as far as may be with the laws of South Carolina.
Sixth. The polls shall be opened at such votirig places at six o'clock
in the forenoon, and closed al, sis o'clock in the aftcruoon.of each day,
and shall be kept open during these hours without intermission or
adjournment.
Seventh. All judges and clerks employed in conducting said election,
shall, before commencing to hold the same, be sworn to the faithful per-
formance of their duties, and shall also take and subscribe the oath of
office prescribed by law for ofScers of the United States.
Eighth. No member of the Board of Eegistratioa, who is a candidate for
election to any ofS.ce to be filled at this election; shall serve as a Judge or
Manager of the Election in any precinct which he seeks to represent.
Ninth. The sheriif and other peace olSsers of each county are recj^uired
to be present during the whole time that the polls are kept open, and
until the election is completed ; and will be made responsible that there
shall be no interference with Judges of Elections, or other interruption
of good order. If there should be more than one polling place in any
county, the sherifi' of the county is empowered and directed to make such
assignment of his deputies, and other peace oflicers, to the other polling
places, as may in his judgment best subserve the purposes of quiet and
order ; and he is farther required to report these arrangements in advance
to the Commander of the Military Post in which his county is situated.
Tenth. Violence, or threats of violence, or of discharge from employ-
ment, or other oppressive means to prevent any person from registering
or exercisio.g his right of votiag, is positively prohibited ; and any such
attempts will be reported by the Registrars or Judges of elections to the
Post Commander, and will cau.se the arrest and trial of the offenders by
military authority. "The exhibition or carrying of deadly weapons in
violation of General Orders No. 10, of 18G7, at or in the vicinity of any
polling places during the election herein ordered, will be regarded and
treated as an additional oli'ence.
Eleventh. All bar rooms, saloons and other places for the sale of
liquors by refail, will be closed from six o'clock of the evening of the loth
of April, until six o'clock of the morning of the 17th of April, ISGS, and
during this time the sale of all intoxicating liquors at or near any polling
place is prohibited. The police officers of cities and towns, and the
sheriffs and other peace officers of counties, will be held responsible for
the strict enforcement of this prohibition, and will promptly arrest and
■hold for trial all persons who may transgress it-
Twelfth. Military interference with elections, "unless it shall b©
necessary to repel the armed enemies of the United States, or to keep
the peace at the polls," is prohibited by the act of Congress, approved
February 25 th, 18G5, and no soldiers will be allowed to appear at any
polling place, unless as citizens of the State they are qualified and are
registered as voters, and then only for the purpose of voting ; but the
Commanders of Posts will keep their troops well in hand on the days of
election, and will be prepared to act promptly if the civil authorities ai.e
Tinable to preserve the peace.
886 PMOCKEDING.'^ OF TTTE
ThirtGentla. The returns required by law to be made to the Commander
of the District of the results of this election, will be rendered by the
Boards of Eeg-istration of the several rej^istration precincts, through the
Commanders of the Militaiy Posts in which their precincts are situated,
and in accoi-dance Avith the detailed instructions hereafter to be given.
Fourteenth. The State officers to be voted for at this election are :
1. Governor.
2. Lieutenant^overnor.
-ii. Adjutant and Inspector-General.
4. Secretary of State.
."). Comptroller-General.
6. Treasurer.
7. Attorney-General.
5. Superintendent of Education.
■.9. Members of the General Assembly, as follows :
County of Charleston,* two Senators and eighteen Representatives.
County of Colleton, one Senator and five Representatives.
County of Beaufort, one Senator and seven Kepresentatives.
County of Georgetown, one Senator and three Eepresentatives.
Gounty of Horry, one Senator and two Representatives.
Gounty of Williamsburg, one Senator and three Representatives.
County of Marion, one Senator and ^our Representatives.
County of Darlington, one Senator and four Representatives.
County of Marlboro', one Senator and two Representatives.
County of Chesterfield, one Senator and two Representatives.
County of Sumter, one Senator and four Representatives.
County of Clarendon; one Senator and iwo Representatives.
County of Barnwell, one Senator and six Representatives.
County of Edgefield, one Senator and seven Representatives.
County of Orangeburg, one Senator and five Representatives.
County of Kershavr, one Senator and three Representatives.
County of Richland, one Senator and four Representatives.
County of Lexington, one Senator and two Representatives.
County of Newberry, one Senator and three Representatives.
County of Laurens, one Senator and four Representatives.
County of Abbeville, one Senator and five Representatives.
County of Anderson, one Senator and three Representatives,
i'ounty of Greenville, one Senator and four Representatives.
County of Pickens,* one Senator and one Representative.
County of Spartanburg, one Senator and four Representatives.
County of Union, one Senator and three Representatives.
County of York, one Senator and four Representatives.
County of Chester, one Senator and three Representatives.
County of Fairfield, one Senator and three Representatives.
County of Lancaster, one Senator and two Representatives.
County of Oconee,* one Senator and two Representatives
■K NoTKs.— (1) The terj-itorial sub-divisions iieretoforc known as "Districts," are
desig-nated as " Counties," by the new Constitution. (2) The Districts of Charles-
..tou and Berkeley arc united, and constitute tlic County of Charleston. (3) The
Ceunty of Oconee is formed by the division of Pickeus.District.
CONSTITUTIONAL CONVENTION 887
Fifteenth. Tlie First C3nc:rossional District is composed of the Coun-
ties of Lancaster, Ghesterheld, Marlboro', Darlington, Marion, Horry,
Georgetown, Williamsburg, Sumter, Clarendon and Kershaw ; the
second is composed of the Counties of Charleston, Colleton, Eeaufort
and Barnn^ell; the third is composed of the Counties of Orangeburg,
Lexington, Richland, Newberry, Edgefield, Abbeville and Anderson ;
the fourth is composed of tlie Counties of Oconee, Pickens, Greenville
Laurens, Spartanburg, Union, York, Chester and Fairfield ; in each of
which one person shall be elected as Representative to the Congress of
the United States. In addition, two other members of that body will be
elected by the ballots of the registered voters voting at large throughout
the State.
By command of Brevet Major-General Ed R. S. Ca:ney.
LOUIS Y. CAZIARC,
Aide-de-Camp, Act'g xVss't Adg't General.
The PRESIDENT also stated that he had seen an official dispatch
from the General of the army, General Grant, to General Canby, ap-
proving of tlie order, and also stating officially that the act of Congress,
requiring simply a majority of voters to ratify the Constitution, also
authorizing an election for members of Congress and State officers, to be
held at the same time, had been adopted, become a law| and was now in
force. (Applause.)
On motion of Mr. L. S. LANGLEY, the rules were suspended for
the purpose of enabling him to offer the following resolution :
Whereas, Hon. H. H. Sweet, a delegate to the North Carolina Con-
stitutional Convention, lias honored this bod}' with a visit:
Kfsof'ved, That this Convention send its greeting and good wishes to
to the Constitutional Convention of their sister State, and that the Presi-
dent be requested to forward a copy of this resolution to the President
of the Constitutional Convention of North Carolina.
The resolution was agreed to.
The Convention then resumed the consideration of the thirty-fourth
section of the legislative provisions of the Constitution.
Mr. C. P. LESLIE resumed his remarks as follows :
Several very curious propositions have been made while this subject
has been under consideration, which indicate clearly that the true pur-
pose of a homestead law is not understood. My best answer to all these
propositions is a reference to this clause which I have introduced, and
which, I believe, covers in theory and pi-actice the entire -design of a
homestead law. Much of the credit of the preparation of this law is
due to your own Solicitor, Major I). T. Corbin, and to' doubt its intent
or its justice, is to doubt one of the ablest and most conscientious law-
S88 ?EOC£SI>INaS QF TH.E
yers in the Republican party. Every ono should bo satisfied witli iae
law as it stands, and if a inan cannot live on a hiaudred acres of land
and the products thoreoT, ho should emigrate to some place where more
liberality is to be found. My friend from Berkley has said that the
words " j-early products" is an India rubber provision. If they can-
not get along with one thousand dullars and this India provision, people
never will be satisfied.
Mr. J. M. RUTLAND. I desire to state, for the information of the
Convention, the reasons which induced rhe commiLtee to change the origi-
nal section. The committee had concluded to change the provision from,
two thousand to fifteen hundred dollars of real estate ; but the Solicitor
of the Convention arriving shortly afterwards, another meeting was held.
The matter was then fully discussed in his presence, and the sum was
reduced to one thousand dollars. It was understood that the yearly pro-
ducts allowed in the substitute would more than counterbalance the dif-
ference in the amount of the value. The committee thought this would
be far more preferable, inasmuch as the yearly products were in most
instances more valuable. I liave always been an advocate for the home-
stead, the only objection I had to it being its retrospective character.
Mr. J. J. WRIGHT. The more we attempt to patch this thing up,
the worse we ehall make it. The substitute now proposed is, I believe,
as near right as we can get a homestead law. It must be conceded that
the decisions of the courts on this subject have generally been favora-
ble to the homestead acts, and we should, therefore, be liberal, without
being extravagant. Too much property reserved may induce some court
hereafter to decide that this was an effort to screen persons from the
payment of their honest debts. One thousand dollars, in my opinion, is
enough, and should satisf}' any reasonable man.
Mr. J. L. NEAGLE called for the previous question, which was sus-
tained.
The question then recurred on the amendments of Messrs. J. S.
CRAIG and F. L. CARDOZO, and they were rejected.
The amendments of Messrs. J. L. NEAGLE, J. M. RUNION, C P.
LESLIE, and S. A. SWAIIjS, were adopted, and the section, so
amended, was passed to its third reading.
The section as adopted is as follows :
" The family homestead of the head of each family, residing in this
State, such homestead consisting of dwelling house, out buildings and
lands appurtenant, not to exceed the value of one thousand dollars, and
yearly product thereof, shall be exempt from attachment, levy, or sale on
any mesne or final process issued from any court. To secure the full
(.'(j:x?TirUTiONAL C05rii.NTiO.^ 889
enjoyment of said homestead exemption feo the persom entitled thsroto, or
to tliti head of a family, the pergonal p?opert}- of such pevaon, of the fol-
lowing chariicter, to wit : household fuvoiture, beds and bedding, library^
arms, oarrs, wagons, farming implements, tools, neat cattle, work ani-
mals, swine and sheep, not to exceed in value in the aggregate the sum
of five iTttndred dollars, shall be subject to like exemption as said home-
stead, and there shall be exRuipt ia addition thereto, the necessary Avear-
ing apparel ; Frovided, That no property shall be exempt from attach-
ment, levy or sale, for taxes^ or for payment of oWigations contracted for
the purcliase of said homestead, or the erection of improvements thereon ;
Provided furih.pr^ That the yearly products of said homestead shall not
be exempt from attachment, levy or sale, for the payment of obligations
contracted in the production of the same."
"It shall be the duty of the General Assembly at the first session to
enforce the provisions of this section by suitable legislation."
Tlie section, as passed, was then declared to be an integr^^l part of the
Constitution.
The next regular order being the following section, Article X., from
Committee on Education, to whom it was recommitted :
Section 11. All the public schools, college's, and universities of this
State, supported wlioUy or in part by the public funds, shall be free and
open to all the children and youths of this State, without regard to race^
color or previous condition.
Mr. B. 0. DUNCAN. I regret exceedingly at this late stage of our pro-
ceedings, to be compelled to detain the Convention by a prolonged dis-
cussion of any question. But since tlie Committee on Education persists
in urging this section, I must bog your indulgence while I enter into ^
discussion of the question somewhat on its merits.
The subject of education is, under the peculiar condition of our State,
probably the most important one we have had to consider in this body.
Its importance to our people individually, and as a whole, cannot be
overlooked by any intelligent man. Our success as a party, and our
success as a people, depends entirely upon our being able to educate
the masses of the people. Of this, no one is more convinced than I am,
and no one is more earnest in the desire than I am, to see every man,
woman and child in our State educated, without regard to the complex-
ion of their skins. In this view of the subject, I know that I am sus-
tained by the intelligence, and virtue, and Christian feeling of the State,
Where there is opposition, it comes from prejudice and ignorance. The
feeling of opposition to the education of the colored people was strong
at the close of the war, it is true ; but it is now rapidly dying out among
sensible men ; indeed among educated Christians it is already entirely
890 PROCEEDINSS OF THE
dead. I need only refer, as proof of this assertion, to the actions of the
Conventions, Conferences, &c., of the different denominations of the
State. The Baptist State Convention, ^vliich met at Anderson last Au-
gust, unanimously adopted resolutions introduced by Dr. Furman, Presi-
dent of Furmau University, warmly urging the education of the colored
people in Sunday Schools, and in every way practicable ; and expressing
r^ret that the poverty of the denomination would not allow it to take
more active steps. The resolutions provide that colored theological
students, or ministers applying for instruction to the Southern Theologi-
cal Seminary, at Greenville, shall receive such instructions of the profes-
sors. That Baptist Convention was presided over by Dr. Winkler, of
this city, and was composed of the intelligenee and learning of the
denomination throughout the State. Measures of a like character have
been adopted by similar bodies in the State ; and all over the State you
j&nd the intelligent, educated ministers, founding Sunday Schools for
colored children, and urging the necessity of their education. You find
in many localities strong objections, it is true ; but it must be remem-
bered that the majority of our white people are*^ woefully \ignorant, and
that many of the religious teachers are not able to read the Bible cor-
rectly. My assertion applies only to the intelligent, and there I contend
that I am right. The earnest desire to educate all the people, is general
among them. Their prejudices have been overcome by intelligence,
and this is the only way prejudices can be overcome. And I now take
the position, that the only way the prejudices of race existing among our
people can be overcome, is by educating them. Let us then not begin
wrong in this all important matter. Let us not begin at the top of the
house to build downwards. But let us lay the foundation aright, and
we may build on it with confidence that all will come out right. Let us
not begin where we ought to end. If we begin by educating the masses,
we end by overcoming their prejudices. But if we begin by attempt-
ing to overcome their prejudices by force, and educating^them afterwards,
I am convinced that the whole plan will result in a failure.
Now, what is likely to be the result of retaining this section, and
thereby opening the public schools to all ? Simply, that they would be
attended only by the colored children. If the attempt is made to enforce
a mixture in this way, I have no idea that fifty white children in the
State would attend the public schools. The freedmen's schools are now,
if I mistake not, open to all; and yet I believe not one white pupil in
the State attends them. The result would be exactly the same with our
public schools. This is a state of affairs that we should certainly desire
to avoid. In the first place, the poor white children would be deprived
CDlNoTlT'JTiUXAL, C(J>; VENTiOX. 891
of any cliauco of eriacalion. Tiij^y .%ouid continue ignorant and degra-
de! and prejadlced. TIio \vIiico:5 wii;> have means would send their chil-
dren to private scliools, but the poor whites would be as heretofore, una-
ble to do so. You would also havo the strange condition of affairs, of
the whites paying- probably, nine-tenths of the expenses of institutions,
which, by their organization, they would regard themselves as shut out
froDi using. Tiiis would be a continual barrier in the way of peaceable
and friendly relations existing between the two races all over the coun"
try. It would, I fear, have a most injurious effect on the ratification of
this Constitution, and go far towards counteracting the good impressions
made by our moderation thus f.ir.
Again, in atteniptiog to enforce mixed schools, you bring trouble,
quarrelling and wrangling, into every neighborhood ; and that too
among tliose wlio are not directly responsible to the law, and who are
■more likely to be governed by prejudice and passion than by reason.
You come in contact with tlie women and children, who are more preju-
diced and more difficult to control. Suppose the caso that it were possi-
ble to force the whites to send to mised schools ; and let a white boy and
a, colored boy have a little "pass at arms," as would continually occur,
and at once you have a row between the moth'ers, which will frequently
involve the fathers. In this way every neighborhood all over the State
would be kept in a continual state oi turmoil and strife. In this way
passion and prejudice of race will bo continually nurtured, and peace and
quiet will not be allowed to prevail m any portion of the country. Both
■races, the colored as well a.s the white, would havo good reason to com-
plain of our inconsiderate action in bringing about such a state of affairs.
But the vory slirewd members of the committoo contended a few days
ago, while di bati^ig the fourth section of this article, that the question
was not on compelling tho white and colored children to attend the same
schools. That was not the idea at all, of this remarkably competent
committee, as the gentleman from Darlington expresses it. I suppose
they will to-day iniist that the question is not on compulsion, but on
mixed schools. They thought yesterday, we could not see forward, over
five sections, to the tenth, and to-day they will think we cannot see back-
ward the same distance. Wonderfully shrewd men these are, I will
admit.
Gentlemen, this is too serious a question, to the peace and welfare of
the country, for me not to sneak out plainly the dangers before us. The
gentleman from Darlington (Mr. WHITTEIvIOIiE) has paid the Com-
mittee on Education a very higli compliment for ability; and yet I ven-
ture tho assGrtion, that it has introducd tho rop(;rt most fraught with
ii;j
892 PROCEEDINGS OF TIIK
danger to the peace and harmony of the State, and to the friendly rela-
tions between the two races. They attempt to force upon Sortth Caro-
lina measures even in advance of Massachusetts, though they know that
we are, in every respect, at least one hundred years behind that much
favored State. They do not reflect that civilization is a plant of flow
growth ; that we can only arrive at it gradually, and after long years of
toil. They strive to talk learnedly of Prussia, and only show their want
of knowledge of facts, by attempting to bring in a case so dissimilar.
They forgot that, even in the time of the Cajsars, before the time of
Christ, Germany was a comparatively enlightened country, and has been
in the van of civilization ever since. And yet the Prussians and Saxons,
the most advanced among the Germans, have only arrived at compul-
sory education within the last twenty years. The gentleman from Dar-
lington even goes back (I suppose he would call it going forward)
to the old Lacpedemonian rule, and would take the children from
their parents, and educate them at the hands of the State. I tell you,
gentlemen, these extreme measures are fraught with danger to the peace
and welfare of our country, and should be defeated at all hazards.
Now, how are we to avoid these dangers ? This does not seem to me
80 difficult. Let us simply strike out this section, and leave the whole
m.atter to the Legislature. If that body determines that the schools
shall be mixed, and it is found after a year or two that the plan does not
work well, it can easily be changed ; bat if we retain this section, na
matter how injurious it may be found ; no matter how dangerous to the
welfare of the country, and to the cause of education, it cannot be
removed. It does seem to me that we should leave a question so untried^
so delicate, and yet of such paramount importance, where it may be
changed, if it is found that the first experiments do not work well. I
believe we have everything to gain and nothing to lose by such a course.
We would certainly gain among the whites, and I believe we would lose
nothing among the colored people. Our colored people want schools to
send their children to. That is a universal desire, and certainly a most
praiseworthy one. But I do not believe they would prefer or even desire
to have white children attending the same schools with their own. If
they can have well organized schools under competent and kind teach-
ers, sustained by the public, I believe they will be perfectly satisfied.
Now, would it not be far better to have schools entirely impartial in
their organization, but seperate, and all classes attending them, and
acquiring an education, and everything working harmoniously together,
than for us to introduce a measure here that would very likely prove
injurious to the cause of education, but which we coiild not change,.
CONSTITUTIOXAL CONVENTION-. 893
because it is in the Constitution ? It seems to me there should be on
doubt on this point among intelligent, reasonable men. Certainly, if we
look at the condition of t'^e country, we will see the necessity of adopt-
ing such measures as will secure the education of the white people as
well as of the colored. It is estimated that from twenty to thirty per
-cent, of the grown up white men of South Carolina are unable to read or
write. I suppose, at l«ast ninety per cent, of the grown up colored men
are in that condition ; and indeed, if ten per cent, of them have already
learned to read and write, it speaks wonderfully well for them. We
have then sixty per cent of the grown up men, the voters of the State,
unable to read or write. What a contrast does this present, iu compari-
son with a Northern State, where almost every man is educated ! In
Massachusetts only one grown man in two hundred and fifty is not able
to read and write and here we have at least sixty in the hundred who
cannot. Now, if the general theory be true, and all history proves that
it is, that only an educated people can preserve a free government, our
prospects are not very bright, if we do not adopt the be&t and surest
means of educating the masses as soon as possible. I mention these
facts to show the paramount importance of doing nothing that will injure
the cause of education. The future welfare of our State, and of our peo-
ple, individually and collectively, depends upon our success in this cause
I do most sincerel}' trust and entreat that this all-important question
may receive the calm and careful consideration it merits ; and that we
will not adopt a section so sure to injure the cause of education in our
State, as this most certainly would,
Mr. J. J. WEIGtHT. I did not suppose that this section would elicit
any discussion whatever. The gentleman who last resumed his seat has
referred to the impropriety of allowing the children of the two races to
attend school together. If I read the section aright, it contemplates no
such thing. It simply says, " all schools, colleges, etc., supported by
public funds, shall be open to all classes, without regard to race, color or
previous condition." The gentleman said such a state of things would
not be allowed even in Massachusetts. I must say I have read the laws
•of that State, and know of no such provision. The school law of Mas-
sachusetts is that all persons, v.'i hout discrimination, arc allowed to
attend all schools, colleges or public institutions, supported by public
funds. I have had the pleasure of visiting the schools in Massachusetts,
New York, New Hampshire, an 1 a large number of States and all
children can attend school in these States without regard to color. If
they do not want to go, they can remain at home. I know, however,
there are but few schools where white and colored children mingl«
894 PEOCEEDIXGS OF THE
together, and tne same arrangements could be carried out in South
Carolina. This provision le.avesit so that white and colored children can
attend school together, if they desire to do so; but I do not believe the
colored children will want to go to the white schools, or vice vcr^a. I
think there will be separate schools established, and there is no clause
in our Constitution that prevents it ; therefore I hope this clause will be
adopted exactly as it is. One thing I would have understood, the col-
ored people do not want to force what is called social eqxiality ; that is a
matter v,-hich will regulate itself. No law we can pass can compel asso-
ciatious that are distateful to anybody. It i-5 useless to attempt it, ar.d
when the idea is held up before 3'ou, it is only a bugbear, witli which
some persons would frighten you from the performance of your duty.
All you have to ^o is to stand up, face the music for a while, and I tell
you that every man, white and black, in South Carolina will come to
time. This prejudice will be broken down. We are not framing a
Constitution for to-day, but for years, and we should be careful how we
execute that task. Let us so enact laws that all children will have the
benefit of all schools for which the public pay. We cannot leave this
matter wholly to the General Assembly. We must not falter or shrink
one inch, or pause in the work of doing all classes justice. Time will
prove our work.
Mr. E. C. DeLAUGS. I wish to know if the gentleman is in favor
of compelling the children of the- two races to go to school together ?
Mr. J. J. WEIGHT. I am not. The gentleman knowi? that no per-
son in this Convention has raised his voice louder against the compul-
sory attence of children than I have done.
The hour of six having arrived, the Convention arljourned.
CONSTIT l^TIOXAL CON VENT10]S 895
FIFTY -SECOISTD DA.Y.
Mcaiday, MarcSa I©, 1863.
The Convention assembled at {en*A. M., find was called to order by
the President, Hon. A. G. :MACKEy.
Prayer was offered by the Eev. D. HAEEIS.
The roll was called, and a quorum answering to their names, the
PltKSIDENT announced the Convention ready to proceed to business.
The journal of Saturday was read and approved.
Mr. B. F. WHITTEMORE rose to a question of privilege, and offered
the following resolution, which was agreed to :
Bcso/ved, That for the remaind'^r of the session, the rule requiring
that Ordinances and sections of the Constitution shall not receive three
readings on the same day, be suspended.
The Convention resumed the consideration of Article XI, Charitable
and Penal Institutions of the Constitution, which came up in regular
order as the unfinished business from Saturday.
The following sections were read a third time and passed :
ARTICLE XL
chahitaele and pexal institutioits.
Section 1. 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 enact.
Sec. 2. The Directors of the Penitentiary shall be elected or appointed,
as the General Assembly may direct.
Sec. 3. The Directors of the benevolent and other State institutions,
such 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 question shall be taken by yeas and nays, and en-
tered upon the journals.
Sec 4. The Governor shall have power to fill all vacancies that may
occur in the offices aforesaid, until the next session of the General As-
sembly, and until a successor or successors shall be appointed and con-
firmed.
Sec 5. The respective Counties of this State shall make such pro-
vision, as may be determined by law, for all those inhabitants who, by
reason of age, and infirmities or misfortunes, may have a claim upon
the sympathy and aid of society.
896 PROCEEDINGS OF THE
Mr. J. L. NEAGLE presented the following additional section to Arti-
cle XI, which was read three times and passed :
Sec. 6. The Physician of the Lunatic Asylum, who shall be Superin-
tendent of the same, shall be apj^xjinted by the Governor, with the
advice and consent of the Senate All other necessary officers and
employees shall be appointed by the Governor.
Mr. R. G. HOLMES introduced the following; additior.al section to
Article XI, which, on motion of Mr B. E. WHITTEMORE, was referred
to the Judiciary Committee with instructions to report during the after-
noon session, which was adopted :
Sec 7. All records of Deeds, Wills, and other instruments made
within this State, sinne October 1st, l""(i'3, under or in conformity with
Militarj' Orders of the United States, are hereby declared to be valid,
and shall have the same efiect as if duly registered in conformity with
the laws of this State, by the officers authorized to register such instru-
ments. The General Assembly shall provide by law for the proper au-
thentication and safe keej)iDg of all such records.
Article XII. of the Constitution received its third reading and finally
passed for ratification, as follows :
ARTICLE XIL
C0IlP0r..iTI0NS.
Section 1. Corporations may be formed under general laws ; but all
8uch laws may, from time to time, be altered or repealed.
Sec. 2. Ihe property of corporations now existing or hereafter created,
shall be subject to taxation, except in cases otherwise provided for in
this Constitution.
Sec. 3. No right of way shall be appropriated to the use of any corpo-
ration until full compensation therefbr shall be first made, or secured by
a deposit of money to the owner, irrespective of any benefit from any
improvement proposed by such corporation, which compensation shall
be ascertained by a jury of twelve men, iu a Court of Kecord, as shall
be prescribed by law.
Sec 4. Dues from corporations shall be secured by such individual
liability of the stockholders and other means, as may be prescribed by
law.
Sec 5. All general laws and special acts passed pursuant to this sec-
tion, shall make provision therein for fixing the personal liability of
stockholders under proper limitations; and shall prevent and puni.sh
fraudulent misrepresentations as to the capital, property and resources
of such corporations ; and shall alio regulate the public use of all Iran-
chises which have heretofore been, or hereafter may be created or
COXSTITUT^OXAL t'UN VENTiON. 89T
granted, by or under the authority of this State, and shall limit all
tolls, imposts and other charges and demands under such laws.
Sec. G. The General Assembly .shall grant no charter for b-anking'
purposes-, nor renew any banking cor|X»rations now in existence, except
upon the CL)n<litiou that the stockholders shall be liable to the amount
of their res])ective share or shares of stock in such banking institution ;
for all its debts and liabilities upon note, bill, or otherwise ; and upon
the further condition that no director or other officer of said corporation
shall borrow any money from said corj>oratiou ; and if any director or
other officer shall be convicted upon indictment of directly or indirectly
violating this section, he shall be punished by fine or imprisonment, at
the discretion of the Court. The books, papers, and accounts of all
banks shall bo open to inspection, under suc-h regulations as may be
prescribed by law.
Article XIII — Militia — Section one was read, and Mr. 0. M. OLSEN
moved to recommit to the committee, with instructions to strike out th&
word "residents," and insert the word "citizen," and report during the
morniDg session, which was adopted.
Sections two and three were passed.
The Committee on the Miscellaneous Provisions of the Constitution
reported, in accordance with the above, and Section one, as amended^
was passed.
The Article as passed is as follows :
AETIOLE Xin.
Section 1. The militia of this State shall consist of all able-bodied
male citizens of the State, between the ages of eighteen and forty-five
years, except such per.'Wns as are now, or may hereafter be exempted by
the laws of the United States, or who may be adverse to bearing arms,
as provided for in this Constitution ; and shall be organized, armed,
equipped and disciplined as the General Assembly may by law provide.
Sec. 2. The Governor shall have power to call out the militia to exe-
cute the laws, repel invasion, repress insurrection and preserve the public
peace.
Sec 3. There shall be an Adjutant and Inspector- General elected by
the qualified electors of the State, at the same time and in the same
manner as other State officers, who shall rank as a Brigadier-General,
and whose duties and compensation shall be prescribed by law. The
Governor shall appoint, by and with the advice and consent of the Sen-
ate, such other staff officers as the General Assembly may direct.
Article XIV., of the Constitution received its third readiiig and finally
passed as follows ;
898 PEOCEEDIXGS OF THE
AETICLE XIV.
. >IISCELLA^^EOU■S.
SKCTioif 1. No parson shall be elected or appointed to any office in tliis
State, unless he pjsse-^s the qualifications of an elector.
Sec 2. Litterios, and the tale of lottery tickets, for any purpose what-
ever, are prohibited, and the General A.ssembly shall prevent the same
by penal laws.
• Sec. o The State Library shall be subject to such regulations as the
General Assembly may prescribe. ^
Sec 4. The General Assembly may direct, by law, in what manner
claims against the State may be established and aHjusted. '
t^EC. 5. Divorces from the bonds of matrimony shall not be allowed
but by the judgment of a court, as shall be presciibed by law.
Sec 6. No per.son who denies the e.xistence of the Supreme Being
shall hold any office under this Con^titutiou.
Sec. 7 The printing of the laws, journals, bills, legislative documents
and papers for each branch of the General Assembly, with the printing
required for the Executive and other departments of State, shall be let
on contract, in such manner as shall be prescribed by law.
Sec 8^ The real and personal property of a womm, held at the time
of her marriage, or that which she may thereafter acquire, either by gift,
grant, inheritance, devise or otherwise, shall not be subject to levy and
sale for her husband's debts; but shall be heM as her separate property
and may be bequeathed, devi-;ed, or alienalerl by her the same as if she
were unmarried; Provided, That no gift or gra'it from the husband to
the wife shall be detrimental to the just claims of his creditors.
Sec. 9. The General Asseml)ly shall provide for the removal of all
causes which may be pending when this Constitution goes into effect to
courts created by the same.
Mr. E. W. M. MAOKEY ashed and obtained leave to introduce the
following additional section to Artie. e XLV, which was read aud pissed :
Section 10. The election for all State officers shall take place at the
same time as is provided for that of membero of the General Assembly,
and the election lor those officers whose terms of service are for four
years, shall be held at the time of eaoh altirnate general election.
Mr. E. W. ^L MACKEY also obtained leave to introduce the follow-
ing additional section to Article XIV :
Sectiox 11. All contracts, whether under seal or not, the considera-
tions of which were the purchase of slavas, are hereby declared null,
void, a-nd of no effect, and no suit, either at ii^v or ia equity, shall be
commenced or prosecuted for the enforcement of sut;h contracts ; and all
proceedings to enforce satisfaction or payment of judgments or decrees
coNsriTirnoNAL ('()^'v^.^■Tl()^^ 899
rendered, recorded, eiiroiled or entered upon such contracts in any Court
of this State, are hereby prohibited. All orders heretofore mude in any
Court in this State in relatioQ to such contracts whereby property is hehl
subject to decision, as to the vaUdity of such contracts, are also hereby
declared null, void, and of no eiieel.
Mr. J. S. CRAlGr presented the following as a substitute for the fore-
going :
All suits or actions to recover debts or demands, the consideration of
which were slaves, shall be heard, tried, and deternuned by tue Court
sitting in equity, and shall bo deoiiled according to equity on a lull cou'
sideration of all the facts affected by emancipation.
Mr, E. C. DeLAEGE. I move the indefinite postponement of the
substitute.
Mr. J. S. CEAIG. I desire to say that I consulted the Solicitor
relative to that si»bstitute. That svrticle was prepared by Major Corbiu
devoid of the oV)jectionable features of the original proposition.
Mr. D. H. CHAMBERLAIN. In ordev that the Convention may
understand how to act, I would say this matter was referred to the com-
mittee on the Judiciary, with instructions to report a section covering
that Ordinance. The committee have had the subject under considera-
tian, and the report is in the hands of the Chairman. I move that the
consideration of the section offered and the substittito be postponed
until the Committee on the Judiciary make their report.
The motion was agreed to.
The unfinished business was called up, being the consideration of sec-
tion ten of the educational report which had been recommitted to the
committee.
Mr. E. C. DeLARGE. I do not desire to detain the Convention ; I
have not the least doubt but that the section reported by the committee
will be adopted. The principle entmciated in that report I heartily
endorse. I was surprised, however, to hear such an elaborate argument
in opposition to the section by my friend from Newberry (Mr. DUN-
CAN). Perhaps, I can undertake to reply to that argument with better
grace than almost any other member of the Convention. I believe it
will be admitted, that as far as liberality towards those v/ho were
plunged into the late rebellion is concerned, no member has shown more
leniency and charity to those people than myself. T believe we should
treat them as a magnanimous, christian people would treat their former
enemies. But when I find a delegate declaring that the principles for
"which we contend are erroneous, I feel compelled to raise my voiie
111
900 PKOCEEDINGS OF THE
against it. While I desire to treat that class o:^ people with all leniency
and generosity compatible with oui' safety, I am not desirous of sacrific-
ing a principle to gratify them or anybody else. If there is a place in
the State where no distinction tdiuuld be made, or in this country, it
should be in the school house, or in the church. I most heartily desire
to see this section of the educational report adopted.
While I admit that people have their prejudices, I feel confident that
my friend from Newberry has greally exaggerated what he thinks will
be the effect of those prejudices. I am sure the class of men nurtured
and cared for together, who have been suckled at the same breast, and
worshipped in the same Sunday School, will be ready to endorse the
measure. I see no attempt to force them into the schools together. I
opposed the word "compulsory" in the fourth section, because it sounded
harsh. I feel confident that if our ticket is successful and our Superin-
tendent of Education is elected, his administration will be of such a char-
acter that no one will have a right to complain, or hava reason to regret
it. I know it has been said by some gentleman on the floor that the
disposition manifested by my colleague and others, was to go horse, foot
and dragoons over to the opposition. Upon points of generosity, where
we can afford to be magnanimous and treat our opponents in a christian
spirit, both my colleagues and myself will support any measure ; but
wherever a principle is at stake, I shall always be found battling earn-
estly in its defence, as I do now. Wliilo we intend to be liberal, we must
be true to ourselves and our constituents.
Mr. H. E. HAYNE called for tho previous question and it was sus-
tained.
Jlr. F. L. CARDOZO. I think the opinion of the members is so fully
estaVdished on this subject, that elaborate argument is unnecessary. I
shall briefly notice some of the points made by the gentleman from
Newberry, (Mr. B. 0. DUNCAN.)
His first point is, that this provision runs counter to the prejudices of
the people. To my mind, it is inconsistent that such an argument should
come from a member of the Convention, or from one who favored the
reconstruction scheme of Congress. The whole measure of reconstruc-
tion is antagonistic to the wishes of the people of the State, and this
section is a legitimate portion of that sclieme. It secures to every man
in this State full political and civil equality, and I hope ^members will
not commit so suicidal au act as to oppose the adoption of this section.
The gentleman from Newberry said he was afraid we were taking a
wrong course to remove the^e prejudices. The most natural method to
eff'ect this object would be to allow child.ccn j when five or six years w-f
CONSTITUTIOXAL COXVENTION. 901
a^^e, to mingle ia scliools together, and associate generally. Under sueh
training, prejudice must eventually die out ; but if we postpone it until
they become men and women, prejudice will be so establisliad that no
mortal can obliterate it. This, I think, is a sufucient reply to the argu-
ment of the gentleman under this head.
We hive carefully provided in our report that every one shall be
allowed to attend a free school. ^Ye have not, said there shall be no
separate schools. ' Oa the contrary, there' may be separate schools, and
I have no doubt there will be such in most oi the districts. In Charles ■
ion, I am sure such will be the case. The colored pupils in my school
tvould not like to go to a white school. Without flattery, I think I may
»fay I have not se,eu as good a public school in Charleston as my own.
We have as able a corps of teachers as any in the country. They, have
come from the North, adopted teaching as their prpfession, and they
will nut. in pjint of e!5B.jie.ncy, yield to any teachers in the State.
In'spar.^ely settled country districts, where parhaps there are not
more than twouty-fi\'e or t'lirty children, separate schools may be estab-
lished ; but for ti^n or fifteen white children to demand such a separa-
tion, would be absurd; and 1 hope the Conventiou •tviil, give its assent
to no such proposition. ' '
Mr. J. M. EUNION. I ask leave to explain my vote. I havo alv.'ays
acted eonscientiouslj-, and am just as true a Ilepublica.n as any other
member of the Convention. I am in favor of a general system of free
schools, and that these schools shall be open to all classes ; but I do not
think it best to the interests of tiis liepublican party to so arrange or
construct this Gonsiitution as to forco a consolidation of tho schools.
Inasmuch as the Article on education contains a clause compelling chil-
dren to attend sshools, I am compelled to vote against the section. I
shall, therefore, voto no.
Mr. W. H. W. GRAY called for the ayei avid nays, and they were
ordered, resulting as follows ;
Ayes — The President, Messrs. Alexander, Arnim, Becker, Bell,
Bowen, Bonum, Burton, Brockenton, Cain, Cardozo, Coghlan, Cham-
berlain, Cheatnut, Clinton, Cook, Collins, Ceriey, Craig, Crews, Dar-
lington, Davis, DaLargB, Dickson, Dill, Dogan, Drifflo, Elliott, Foster,
Goss, Gray, Harris, J. N. Hayne, C D. Hayne, H. E. Hayne, Hender-
son, Holmes, Hurabird, Hurley, Jacobs, Jenks, Jervey, Jiilson, ii. John-
son, W. B. Johnson, J. W. Johnson, W. E. Johnston, Joiner, Jones,
Lang, Langley, G. Lee, S. Lee, Loniax, Mackey, Mayer, Yi. J. McKin-
lay, VV". McKiulay, JicDaniels, Middleton, Mead, Milford, Nanco, Nash,
Nelson, Neagle, Newell, Nuckels, Owens, Parker, Pillsbary, Kaiaoy,
Kansier, Hivers, Robertson, Rose, Rutland, Sanders, Sasportas, Slj.row3-
bury, Smalls, Stubbs, Swails, Thomas, A. Thompson, B, A. Thompson,
€02 PROCEEDIXfiS OF THE
S. B. Thompson, Tir.ey, Webb, "Whittemore, Whipper, White, Wil-
liams, F. E. AVildev, C. M. Wilder, Winj^o, Wooley, Wright— 98.
ISTays — Messrs. Eryce, Duncan, L. B. Johnson, Runion — i.
Ar,SE]yT — Messrs. Allen, Boozer, Bj'as, Cain, Camp, DonakU^on,
Edwards, Gentry, Hunter, Jackson, Jones, Leslie, Mauldin, Miller,
Moses, Olsen, Perry, Ilandolph, Richmond — 19.
And eection ten of the educational reports was passed.
Mr. J. M. RUNION asked and obtained leave to explain his vote; not
believing in tli" consolidation of the schools, he voted nay.
;Mr. W. ]']. ROSE, fi'om the Committee on petitions, jiresented the
following report, which was adopted.
The Committee on Petitions, to whom was referred the Petitions of
various persons, praying that this Convention recommend to Congress
that their political disabilities be removed, and they be restored to the
elective franchise, have considered the same, and respectfully report that
3'our committee aro satisfied of the loyalty of the petitioners, and re-
commend that the prayer of their petitions be granted, viz :
Jacob Kibler, Newberry County ; R. M. Wallace, Richland County ;
Henry Summer, Newberry County ; John P. Kinard, Newberry County ;
E. P. Lake, Newbf^rry County; John W. Twitly, Lancaster County;
Matliew JIcDonald, Abbeville County ; A. G. Baskin, Richland County ;
W. W. Houseal, Nevrbcrry (-'ounty; U. B. Miller, Richland Count}';
H. P. Hanmiet, Greenville County ; Calvin S Rutland, York County ; J.
Bolton Smith, York County; Daniel A. Burton, Y.>rk County; Elihu
Moore, Lancaster County; Sauiiiel B. Clowney, Fairfield County; Lewis
Dial, L". mens : Walter \". Herbert, Fairlield ; Thos. Jordan, Faiifield;
C^ounty; H. H. Kinard, Newberry : J. C. Miller, Charleston ; A. P., Kinard,
Newberry; Thomas E. Dudlc}-, Bennettsviile ; Alex. McBeel Greenville;
jl. Ijcatie, Greenville ; J. ]5. Tolleson, Spartanburg ; Samuel W. INIourice,
Williamsburg Covmty; J>. F. liates, Spartanburg; D. L. Thompson,
l^eaufort ; Wra M. Thomap, Greenville ; F. C. Gower, Greenville County ;
H. C. Marlcley, Grocnvillo (county; Thomas Cox, Greenville Count}';
Dames A. Black, Abbeville ; Willis Allen, Spartanburg, John D. Ash-
more, Greenville ; John S. Greon, Sumter ; Elijah W. Home, Edgefield ;
William B. Johnson, Richland County,
Also the following, whic]i was adopted :
The Committ'^e on Petilions, to whom Avas referred the petition of the
citizens of Beaufort Cortrity, prnying that tlie Hall of Records be removed
to this point, and tliat tlie courts in future tboiald hold their sittings in
this town, ask leave to report that ihey have duly considered the same,
and are of opinion tbat the petition of the jiersons desiring tlie removal
of said Court House shoi^.ld be granted; at the same time, your commit-
tee recommend that tlie expense of removing said Court House t-hould
lie paid by the citizens of Beaufort, and not l'}' the Stale of South Caro-
lina.
CONSTITUTIOXAL CONVENTION 903
' Mr. H. C. DeLAEGE moved a reconsideration of the resolution sub-
mitted by tlie Comiiiiftee on Franchise and Elections, relating to peti-
tioning Congress to remnva all political disabilities from citizens of thi3
State, which was adopted.
Mr. R. C DjiLAEGE then moved to recommit the resolution to the
commi:tee with instructions to report at four P. M., which was pgreed to.
On motion of Mr. C P. LESLIE, the rules were suspended, and Mr.
N. G. PAEKEE, submitted the following resolution, which was adopted :
Resohcd, That the President of this Convention be instructed to re-
quest Brevet Major-General E. E. S. Canby, Commanding Second Mili-
tary District, to draw from the State Treasury the sum of (-516,000)
sixteen tliousaud doiiars, to complete the payment of the expenses of the
Convention.
Mr. J. L. NEAGLE presented the following resolution, which was
adopted :
Resolved, That the President of this Convention is hereby authorized
to have two copies of tho Constitution engrossed, one of which he shall
deposit in the oiB,Qe of Secretary of "tate of this Commonwealth, and the
other he shall present to the President of -the United States, in accord-
ance with the Eyftonstruction Acts of Congress, and ihrit for the payment
of the expenses of engrossment, and the actual expenses of going to,
remaining in, and returning Irom Washington, the sum of §500 is here-
by appropriated, if so much bo necessary.
Mr. B. P. WHITTEMOEE submitted the following, which was
adopted :
Wiieroas, the State of Sijuth f^'arolina is largely interested in the
stock of the Greenville and * 'olumbia Eailniad ; and. whereas, a meeting
of the Stockholders of said Road, for the flection of President and Direc-
tors and other officers, \vill take place at Columbia about the first week
in May, and before the General Assembly under this Constitution can
convene; and, whereas, jt is essential that the State should be repre-
sented at the meeting to bo held at Columbia ; therefore.
Resolved, That the President of this Convention request Brevet Major-
General E. R. S. .Canby, Commanding Second Military District, to
appoint tico persons to repre-^eut the State at the before mentioned meet-
ing, in order that the interests of Soutli Carolina may not suffer or be
imperilled.
Mr. E. W. M. MACKEY, by leave, presented the following Ordi-
nance :
904 PROCEEDINGS OF THE
■4 AN OEDINANOE
To rrn\-ide. for Ilf>. or^amzatlna of lite Gcnej-qJ, Asr.sm^iJif at ii's fli-s'; s'n-
sio?i, and for ihe inauguration of th.e Govtrnor and Lieutenant- Gov-
ernor.
V'c the people of South Carolina, in Convention inct, do ordain- :
1. That the metnhers of the General Assembly elected under the
provisions oT the Constitution shall asseniMe in !he Cup tol at the cify
of Columbia, jOU Tuesday, the twelfth day 'of May, ib'o^, at twelve
o'clock, M.
2, That, each Hfuse sh/iU be tompnrarlly orgiiuiz d by tiio election of
a presiding offi.cer, to whom the oath of oln.ce shall be administered by
|the President /of this ^^jnveatioa, and wliicli presiding oificer shall then
administer the said oath to the other members. ^.^ .^, ,, . ,,
0. That as soon as the Tluuse of HepvesentfW^ives is' pefrqaTiently
organized by the election of a Speaker, and shall have appointed a day
for th;it purpose, the Governnr shall be installed, into ollice iti.the pre-
sence of both Jl.ju-bes. and "the oath of olfioe shdll be administered to
him by the. President of tills Convention, who .shall immedi ite-ly there-
after adxuinister the said oath to the Lieutenant Governor iu the i^Senate
Chamber. ■' ' ' -•'"''.' : ,1 ' i'a
4. That for the purpose *of administering th.ese oaths of oLlcc, the
Presldeiit of this Convention, shall be continued in the prerogatives of
his office until that duty shall have been performed. And at all suId se-
quent inaugurations of the Goveiiior and Lieutenant-Governor, the oath
ot office shall bo^a-lministered by the Chief Justice of the S9f)reme Court,
or, *n his absence, by" one of the Associate Ju-^tic^'s ; arid the General
Assembly shall, at its first session, provide by law for its orgaiAzation iu
future.
Mr. E. G HOLMES submitted a substitute for Mr. E. Yv\ M; MACK.
EY'S Ordinance, which, oa motion of Mr. J. L. MEWEL, was indefi-
nitely postponed.
The Ordinance then received three readings and was passed.
Mr. E. W. M. MACKEY submitted the following Ord'Lnance, which
was read three times and passed :
AN OEDIXANCE
To provide for the Ratiji'-.otion of the Constitutional Amendment , and for
the election of United Stales Senators.
T'T'V, the Pioplc of South Carolina in Convention met, do ordain :
1. That tli$ General Assembly shall, v^^ithin five, days after' its per-
manent organization, 'proceed to ratify" the Constitutional Amendment,
known as the 14thi Article.
COXSTITUTIONAL CUNVE^•T10^ 905
2. Tli.it the Genorai Assembly s'lall also, witliin the same period, pro-
cued to the electiuu oi' two Uuiietl Statoa kSoiiiitord.
Mr. C 0. I50WEX presented the following, as an additiourd sectioa
to Article XI Y.
Si:;cfioN- 11. The fn-.st General' Assernhly convened under this Consti-
tution shall, iinme'li.itely after its perm meut organization, ratify the
amendmeut to the Ooiidtitu^ion of the United States, known as the 14th
Article, proposed by the 'Sdzh Congi-ess.
Mr. }Y. J. WHIPPER. I do not think thi General Assembly should
be trammelled by aiiy article. All we have to do is to provide' for the
convening of that body, and it is their duty to do what they deem best for
the interests of the people. For us to tie the hands of that body is ta
d#stroy its validity.
Mr. H G. HOLMES. That 14th Article must necessarily be passed
before anything else can bo done by the Legislature.
Mr. C (,!. BO WEN. I see the neces.'.ity for the adoption 'of this Article
by this Convention. It is essenfial to the welfare of the people, and'the
future condition of the State. Our opponents have already made their
calculation to defeat this measure. In other words, they expect to get
men enough into the Legislature to vote it d» wn. It has been said, we
cannot do a single thing until it has been adopted ; and it is, therefore,
prudent on our part to enforce early action upon tlie subject by the
Legislature. Until that aiiiendnient- has become a portion of the
supreme law of the laud, we cannot get hack into the Union. - Let us
then make it a part of the Constitution of the State, so that each .jnan,
wdien he comes up to swear to .support the Constitution of South Caro-
lina, will h;u'e to tupjioit that, however much he may desire to oppose
the Constitutional Aujendmcnt. He willjiuve to face the music, or
stay out. The final success of all the wojk done iiere depends on the
adoption of that section.
Mr. J. J. WIUGKT. I trust every gentleman on the floor will vote
for the passage of this Ordinance ; first, because the Convention is the
only law-making power in the State of South Carolina. When wo get
to woik for tho purpose qI framing an Ordinance, w« become a legisla-
tive body, ! nd when we pass an Ordinance, it is 'a kiw of the State,
until repealed. Hence, if we adopt an Ordinance, that, within five days
after assembling, the Legislature shall ratify this amendment to the
United States Constitution, that body will be bound to obey our law. .,,It
ii the very fiist act they are to perform^ even before they effect a perma-
906 PROCEEDINGS OF THE
nent organization. Our enemies are at work. The voters against us
are already being rallied, and we should adopt all (noper meaus to en-
sure our own success and the return of this State to the Union. I hope,
therefore, we shall pass this Article.
Mr. J. S. CEAIG. In order to set myself right, I desii-e to say I do
not consider that we have a right to bind the Legislature in this respect.
Every member of that body has a right to vote for or against that
amendment as he chooses.
The previous question being called was sustained, and the main ques-
tion being put, the section was read tliree times and passed.
Mr. E. C. DeLARGE asked and obtained leave to introduce an Ordi-
nance relating to the financial condition of the State.
Mr. F. J. MOSES^ Jr., mo^ed that it be printed and made the special
order for to-morrow eleven o'clock.
Mr. S. A. SWATLS moved to indefinitely postpone. ,,
Mr. H. E. HAYNE moved to postpone until the 4th day of July,
1890.
Pending which, the hour of adjournment arrived, and the Convention
adjourned to three o'clock, P. M.
aftp:rnoon session.
The Convention re-assembled at three o'clock, P. M.
The consideration of the Ordinance relating to the financial condition
of the State was resumed.
The several motions to postpone were withdrawn.
Mr. E. C. DeLAEGE. I hope this Ordinance will pass. I have seen
a petition asking for an appropriation of money for the Blue Eidge Eail-
road, and believihg its completion is essential to the material prosperity
of the State, I desire to assist every public enterprise that is likely to
accomplish this purpose. It will, probably, be alleged that this commis-
sion will be an unnecessary expense to the State. I do not believe it ;
but if so, it is important to our interests, audi do not see how a sane man
can doubt it.'
Mr. T. J. EOBEETSON. I feel sure if the delegates understood this
matter there would not be a dissenting voice on tlie passage of this Ordi-
nance. It provides for the appointment of five commissioners to enquire
into the financial condition of the Srate. The object of the commission
is to trace out the origin of the indebtedness of tho State, and the man-
CONSTITU'i^ONAL CO»VSNTION. SOT
B-er in whieh the public funds have been disbursed. The Legislature^
during the war, endorsed the bonds of. various railroad companies in the
State, takiri;^ as security a second mortgagees which I can assert is worth-
less. Are we to pay th-it debt, made by a rebel Legislature during the
war ? If 8 ), it is unneecessary to pai5S this Ordinance. If we leave it to
the next Legislature, they will be as much in the dark as we' are This
anticipates the meeting of that body, and when it assembles this commis-
sion will be prepared to report the result of its investigations. I insist
that if we want to restore the faith and credit of South Carolina, it is
necessary this examination into the condition of the State shall take
place. The cost of these five commissioners will not equal the cost of
the Legislature one day.
Mr. W. J WnirPEE. While I favor the Ordinance, it seems to me
that the conimis'-ion fchculd be -appointed by this Convention, with
instructions to report to the coming General Assembly- I, therefore,
move that the Ordinance be so amended.
Mr. J. L NEAGLE. I move to st.ike out "five" and insert '' two."
Mr. J. J. WEIGHT. We should certainly consider this thing well
before acting. If it is necessary to appoint any commissioners, we should
arppcint enough. We must remember that this is a large State, and
many of these obligation? are scattered over the State. They must all
be investigated, and it will be a laborious task. It is, therefore, proper to
appoint a sufiicient member to do the work in a manner that shall meet
the approbation of the people. These ought to be one commissioner for
at least every Congressional District, of which there are four in the State
I am in favor of making it five, and hope the amendment of the gentleman
from York will not prevail.
The question was taken on the several eectionte and the Ordinance
finally passed as follows :
Whereas, the financial condition of the State renders it necessary that
the Generil As-seiub'y, at its first session, should adopt the measures
requi-iite to apply its available resources to the discharge of its valid
obligations ; and whereas, it is essential to that end that an investigation
of the condition of the financial resources of the State should be mada
without delay, in order that ins results thereof may be submitted to the
General Assembly at such session.
We, the Feople of South Carolina, in Convention assembled, da
ordain :
Section 1. That Eive Commiasioners be appointed, in the manner
Jiereinafter provided, whose duty it shall be to investigate the financial
115
908 PIIOCSEDIXUS OF THIS
condition of the State, and the situation and value of all property, assets,
securities, and other resources applicable to the discharge of its vaUd.
obligations, and to report thereon, with their recommendations, to the
General Assembly, upon its being convened, or as soon thereafter as
practicable.
8ec. 2. Such Commission shall have authority to inspect all public re-
cords, accounts ard vouchers ; to call for reports under oath, in suck
form as they shall prescribe, from all public olFicers having knowledge
of facts, orp'ssession of matters pertinent to investigations ; to summon
witnesses, to administer oaths, and to examine all persons who, in their
judgment, may have knowledge of any such matters.
Sec. 3. It shall be tho duty of any person or officer, under a penalty
of $500, to he recovered in any Court of Record in the name of said
Commissioners, upon notification or summons, to make such report, and
to attend at any time and place at which he may be required to appear
for such examination, and to produce any document or writing, the pro-
duction of which shall be lequired by such notification or summons.
Witnesses attending for such examination may be allowed the custom-
ary rates, to be paid as a pa't of the contingent, expenses of tiie Com-
mission. Any person guilty of knowingly and wilfully making any
false statement under oath or afHrmatioii in respect thereto, shall be
guilty of wilful and corrupt perjury, and liable to the pains and penal-
ties therefor, prescribed by law.
Skc. 4 Said Commissioners shall be elected by the delegates of Uiis
Convention by a plurality of votes, and shall receive the saijie per
diem nllowance as members of the General Assembly, ard actual ex-
penses incurred in traveling in the performance of said duties, and the
Commissioners shall con.menco their work on or before the -0th March,
18G8 ; Prividf/-/, That there shall b^ one from each Congressional Dis-
trict, and one from the State at large.
Sec. 5. The General Assembly shall make provision for the ccmpen-
sation and expenses of said Commissioners, and shall have authority to
extend the powers of said Commission, or to modify the same, and when
in their judgment th^ objects of this Ordinance are fully attained, to
terminate said Commission.
On motion of Mr. E. W. M. MxlCKEY,' the Convention proceeded to
the election of five Commissioners, required by the above Ordinance.
Mr. T. J. EOBERTSON nominated for th* State at large Mr. D. H..
Chamberlain, who was elected by acclamation.
On motion of Mr. H. E. HAYNE, the Convention took a recess of
ten minutes, to allow the delegates from each Congressional District to
nominate their respective candidates.
On being called to order, Mr. F. J. Moses, Jr., was nominated as a
candidate from the First District ; K. C. DeLarge, Second District ;
Colonel T. J. Eobertson, Third District, and J. M. Allen, Fourth Dis-
trict— all of whom were elected by acclrtuiatiou.
CONSTITUTIONAL CONVENTION. 909
Mr. H. C. DeLASGE. I mcve that, wlien tins Convention ndjourna,
it adjourn to meet tliis evening at eight o'clock, and continue in session
until ten o\'J[i)ck.
Mr L. 8. i.ANGLEY. IT I could see ;;ny utility in that motion, I
should Cfcwtaiuly Jiivor it. I do n(.t ihink it necessary. Whenever the
CdiiVfUtion has finished its v. ork, it is simply necessary for the Committee
on lie view ai.d Consolidation to present their work for the ad^>ption of it
by this Convention. If we vote to have an evenipg session, from seven
to ten, what have we to do? After we have don^ all that remains for
us to do, the Committee can present their report, we can adopt it, and
adjourn.
The PBESlDElS^T. It seems proper' for the Chair to state what ac-
tually remains to be done. The Chair does not know of any important
busines.'', except to receive tlie report of the Committee on ^e Judiciary,
which, it is i)re:umod will be made in a few minutes. The resolution
proposc(^.by,the gentlemen trom Anderson (Mr. NEWELL), which was
made t^ie special order for eleven o'clock to-day, has begn staved ofivby
other proceedings. In relation to the report of the Committee on Con-
solidation and Heview, it seems to me tiiat that work has be(jn already
done bj' the Convention. It was understood that the duty of that com-
mittee would be to take up all parts of the Constitution after it was
adopted by the Convention, and see that everything had its place in the
proper article. lUitthe Convention itself has from time to time, in its
own wiidom, so transposed from, one article to another, tjiat upon a
careful examination of the whole, every section has been found to be in
its proper place. The Chairman of the Committee on Beview and Con-
solidation is not here. I have read every article prepared, and really
do not see a single section that could be taken out of its present place
without changing the symmetr}' of the Constitution. It seems to me
that the Constitution, so iar, is as perfect as it is possible to make it.
Mr. P. J. MOSES, Jr. I really hope this attempt to hasten th^ ad-
journment of the Convention will not be continued. I see no reason for
it — not tli9 slightest. I have no idea we will be able to adjourn so sooti.
There are several things which Ofequire our attention yet. The Com-
mittee on Review and Consolidation are to submit their report. At the
same time, the members should aii sig^x tl\e Constitution after it has
been engrossedi- I really, cannot see any^good to be done by sitting it
out hej^e to-night. I hope the Convention will take time to finish up
the work in a proper mannar.
The PEESIDENT. The Chair would simply state that, in conse-
quence of the day of adjournment having been fixed, the Chairman of
©10 PROCEEDINGS OF THE
Ihe Committee on Finance and the Sergeant at- Aims, have arranged all
the books and accounts up to tweh'e o'clock M to-morrow.
Mr. J. L. NEAGLE. If the Conventioa is so disposed,- and will re-
Tnain in session, tliey can finish their business. There is but one sec-
tion to be acted upon.
Mr. L. S. LANGLEY. I hope the motion to convene at eight o'clock
this eveniig will not prevail. The members of this Convention have
sat here for thr^e tiours this morning and three this afternoon, and I
scarcely think they d^^ire* to sit three more hours this evening. I want
to get through our Avork. I want to see it well done. We have been
here sixty days, and we can certainly spends two days longer in order to
complete our work.
The qiiestion being taken on the motion that when the Convention
■adjourn, it adjourn to meet at eight o'clock this evening, and continue
in sessiou until ten, it was decided in the negative.
Mr. D. H. CHAMBERLAIN. I rise to make a personal remark. I
■was'^nominated by my friend from Eichlaud, (Mr. T. J. E0BE1JT."-{)N,)
in view of my official relations as Chairmm of the Commission. I have
thought over the matter and have concluded that it is not at ail impor-
tant that the Attorney-General should be associated with the Com'mis-
sion. On personal grounds, I hope the Convention will allow me to
dechne, and I nominate for the position Mr R. H. CAIN.
Mr. B. BYAS. I move that the resignation of the gentleman from
Berkeley be accepted, and the gentleman from Charleston elected.
Mr. J. M. ALLEN nominated Mr J. CEEWk-, delegate from La-urens.
Mr. B. BYAS. I second that nomination.
Mr. F. J. MOSES, Jr. I bone the ([Convention will not allow the
gentleman from Berkeley (Mr. CHAMBEELAIN,) to resign, or allow
him to nominate a successor. I object to his resignation being accuped.
He is a gentleman who would be in the right place at the liead of thai;
Commission, and I think it is his duty to serve whenever or wherever
we desire hia services. I hope the Convention will refuse to allow him
to' resign.
Mr.^B. BYAS. I hope the resignation of the gentleman from Berke-
ley will not be received. No gentleman on the fiuor is moi-e competent
to the task.
Mr. T. J. EOBEETSON. I had the honor to prop.we the name Of
'the gentleman from Berkeley, as Chairman of that Commi>sion.^ I did
it for this reason : grave questions will come up before the Legislatuie,
on which it will be necessary to obtain the oi)inlon of tlie Altorni-y-
■General. Unless he is a member of that Commission, lie will be in
1
CONSTITUTIONAL CONVENTION Qll
ignorance of the condition of matters upon which he will be asted to
give an opinion. This Oomniission will take testimony, obtain all the
facts in relation to the most important subjects bearing upon the inter-
ests of the State.
Thp question was taken, " Shall the resignation be accepted ?" and
decided in the negative.
Mr. C. C BOWEX, Chairman of the Committee on the Judiciary, to
whom was referred a resolution concerning cest qui trusts, report-d that
they had the same under consideration, and are of opinion that this
Convention ought not to exercise any jurisdiction over the subject mat-
ter, and that it should be left entirely to the courts for adjudication.
The}', therefore, recommend that its further consideration by the Con-
vention be indefinitely postp )ned. The report was adopti;d.
Mr. C. C. BO WEN, of the same Conimittie, to'^whom was referred an
Ordinance in regard to debts contracted where the consideration was the
•purchase of slaves, reported that they had consolidated the Ordinancea
heretofore passed, and rccorBmendinl the adoption of the following :
" That all contracts, whether under seal or not, the consideration of
%\hich wt^re for tlie purchase of slaves, are hereby declared null and
void and of no effect; and no .suit, either ut 1 iw or equity, shall be
commenced ' r [)t<)secuted for the enforcement of such contracts, and all
proceedings to enforce satisfaction or payment on judgments or decrees,
rendered, recorded, enrolled or entered up on sncli contracts in any
court of this 8tate, are hereby prohibitetl, and all orders heretofore
made in tliis State, m relation to such contracts, whereby property is
held subject to the decision, as to the validity of such contracts, are
also hereby declared null and void and of no effect.
The Committee report tliis as the thirly-Amrth section of Article IV.
■of tl'e Constituti<in. The report was adopted.
Mr. W. J. WHIPPER. I move that the report be rejected.
The motion to reject was not agree J to.
Mr. W. J. WII.PPEE,. Though I was one who voted for the pas-
sage of the Ordinance, rendering invalid all debts contracted for the
purchase of slaves, I am not ready to have that section incorporated
into the Constitution as the org luic law of the State- I was as zealous
to pass that Ordinance, al)ulisiiing contracts for slave debts, and on that
Ordinance I am ready to meet any claims of that character that may
arise. The very attempt to incorporate su ;h a clause into the Constitu-
tion, is an admisi-ion of itself thiit the Ordinance was worth nothing. I
am surprised at the Committee on the Judiciary, who have reported it
here to-day. I am opposed to burdening the Constitution with Ordinaa-
t;>19 PilOCEEDiNGS OF Tim
ces of tills kinrl. Wo hive an Ordinance wKloli renders all silch contracts
worthless. Wliy insert it into the Constitution, when it can work noth-
ing but cletrimeRt to that instrunient ? I cannot conceive what could
have been the idei uf the mover of that section, or the gentleman who
made the motion to incorporate it, save that it was to array against the
Constirution, tho'-e conscientiously opposed t ) tho repudiation of slave
debtsr It can do no possible goovl. If the action of this Convention is
worth anything at all, by the Ordinance already p isssed every slave
debt was wiped out, and I, for one, am willing to meet even our genial
constitutional lawyer, {^[r, EUTLANf),) before the Courts on that
q^uestion. I would not ask the intervention of a constitution at sil in
the matter. I would like to be infoi'mod what we are to aciiomplish by
this step; what is to be gained by incorporating into tlie Constitution
what we have already Vtablished by an Ordinauce of the Convention ?
We must neceSSiirlly array agiiinst us members of our own body, whi;>9
loyalty is unquestiona'^de, but who conscientiously oppose this measure
on its passage. I fail to see any good end to be accomplished by incor-
porating into the Constituti m that which looks to a defeat. It is suici-
dal. I sincerely hope the Convention will not take special pains to go
into further legislation for the protection of the men and women who
■went into this business ; who took the desperate chances involved in it;
who had years of experience with perfect liberty either to engage in it
cr let it alone. I hope we will not go into any farther legislation to
protect those classes. We ignored the claims of other womea and chil-
dren whose trustees or guardiarts invested in this 'business, to their
everlasting ruin. I certainly hope that section will never become a por-
tion of the Constitution. It should be remembered that there is a large
class of citizans outside ■♦? this bod}' who conscientiously believe these
debts should be Jiaid. There are large r; umbers who zealously suppoit
the Constitution we have framed so far, but who cannot do it with that
article attached. I hope, therefore, as there is i;o necessity for it, we wi 1
not burden our Constitution with a clause that moy, in a manner, have
a tendency to defeat it. I hope the section will be voted do'.vi).
M". J. J. WRKjrHr. I am glad to say that I can c )ncur with my
collc''aguo in this mat'er. In ridation tu tliis matter of guardinn and
and wards, I was and am in favor of leaving that to be decided by the
courts of the State. These matteik can be decided in the equity courts.
The Ordinance passed by the <'onvention in relation to sIavo debts, it
will be remembered, had no stronger advocate than myself. That Or-
dinance has been passed by the supreme power of South Carolina, imd
has become law. It is a law of South Carolina until repealed by the
CONiTITUTiONAL CON VlsXTIOX. 013'
Gotitts oi:' the Stato. As h law of the himl, I am willing to g-o into court!
and me(?t a?\v question that may arise uudof it. It" there are any who
do not regard it as lavf, ail we have to do is, when a case is made in
court to meet it. Tlio Judge cannot bnt in^trllct tlie jury that tliia is
the law of tiso State, and the jury must decide accordingly.
Mr. F J. MOSE?', Jr. Were you not in favor of the Ordinance ?
l^Iv. J. WEIGHT. I was.
Mr. F. J. MOSES, Jr. Were you not in favor of the passage of tho
Ordinance, on the ground that there could bo no property in man ?
ifr. J. J. WEIGHT. I was.
Mr. F. J. MOSES, Jr. Is it not your opinion that any future Legis-
lature can repe tl an Ordinance passed by this Convention ?
Mr. J. J. WEIGHT. It is.
Mr F. J. MOSES, Jr. Suppose, in the course of a few years, the
Pemncratic party shouhi gain the ascend -.ncy in the Legislature, are you
willing this Ordinance should be repealed by theui ?
Mr. J. J. WEIGHT. Any act of any L;'gislature may be repealed by
its successor. Any Ordinance passed here, can be repealed by the Legis-
lative Assembly of the State. But the point I desire to bring to the
attention of the Convention is this : After we have passed this Ordi-
nance and it has become a law, is it requisite or necessary to again take
it up and incorporate it into our Constif Jtion ? It will he a question to be
decided l)y the Supreme Court of this State, and by the Supreme Court
of the United States, whether or not the Constitulion we are framing is
in accordance with the Constitution of the United StAtes. We should,
therefore, be careful, and endeavor to frame the Constitution of the State,
so that none of its provisions may at all conflict with the Constitution of
the United States. If I was required to give an opinion as to whether
that Ordinance was contrary to the Constitut'on of the United States, I
would be compelled to say that I did believe it to be contrary to that
Constitution. Jjut I was willing to pass this Ordinance and let it be a
law of the State. In going before the courts with such cases, we could
plead no consideration in contracts for slaves, and the burden of proof
would then be upon the other party. If they can show, beyond all
doubt, that there was a consideration received, then their case is good,
but I feel sure that it will be utterly impossible for any party to show
there was any consideration in the contract. But they are contracts,
whether there is or whether there is not a consideration, and we should
not adopt any clause in our Constitution impairing the obligation of con-
tracts. If we look back to the Constitution of the United States we will
Und that all the debts contracted prior to the formation of the Govern-
9i4 FRQCEEDINGS OF THE
ment of tile United States wore made valid and hireling upon the United
States and the several iStates. Kow, we desire that ail debts where
there "vvas any legitimate consideration shall remain, but we do not desire
to impair the obligation of any contract. We should leave this matter,
then, as we have already acted upon it, and lat it go before the courts.
13ut I do not desire it bhould be made a part of tke Con&tituiion of the
State.
Wr. K. C. DeLAEGE. The speech of my eminent friend from Beaufort
who has just taken his seat reminds me of the story told us the other day
by our friend from Sumter (Mr. MOSES.) He told a story of a man
passing along the read meeting with a little boy sitting on the roadside
by a large load of hay that had upset from tha wagon. The boy was
crying bitterly. The good Samaritan went to him and said : "My little
fellow, what are you crying so har<l f )r. It's no use for you to cry. I
will assist you to load the hay again." " Oh, Sir," said the boy, "it is
not so much the upsetting of tlie load, but d.iddy is umler the hay."
Now, when I see a gentleni;in, who wa^t one of the strongest advocates of
a certain measure, rising here and exhibiting such an extraordinary
speedy change of opinion in suoh a matter, it strikes me that "daddy is
under the load of hay."
I supported the Ordinance abolishing debts where the consideratioa
was the purchase of slaves. I did it because I believed ^uch debts were
not valid. I believed no man had a right to own his fellow. 1 believed
that property ia man was not and could never be recognisi^d by Chris-
tendom, and I believed in that law wliich says, where these is no consid-
eration, there is no debt. If it was right, therefore, to pass an Ordinance
to that effect, it is right to place it iu the Constitution. I am not respon-
sible for the loss of those who committed the grave error and mistake of
trading in that which was no property. I am not willing to sacrifice a
great principle. I am not willing to admit that either myself or my fel-
low being ever was property. I am not willing to admit it, and when
men who are identified with the race to which 1 belong, who have felt
the heel of oppression, rise, and by their voice or action, acknowledge
that they or their fellow-men were property, it stings me to the heart.
They should blush to acknowledge it. I consider the vote by which this
Ordinance w,^s passed one of the most glorious acts of the Convention.
Now, let that principle become a feature of the Constitution The
masses, 1 feel confident, can be relied upon with that section in the Con-
stitution. The Ordinance, it will be remembered, passed by a vote of
yeas 10-i, nays 8, and I believe this section to-day will pass by the same
vote. Let us place it beyond the reach of all succeeding Legislatures^
CONSriTUTiO.NAL CONVEN'TIUN. 9^G^
We know the uncertainty which attends the success of political parties.
I desire to see thitj^ class ot' debts placed be.yond the hope of resurrection.
Let us, by our votes, deny that any human being was ever a chattel or
a, slave. They tell you it is in, conflict \^ith the Constitution of tl^e
United States. That assertion is not worth the time taken to make it.
^ye all know the Constitution of the States must be subordinate to the
Cpnjjtitution of the Unitpd States, and if it conflicts with that instrument
then the United States Courts can take the matter in hand, But we
\\^ill record our votes in behalf of freedom, liberty and justice.
Mr. A. J. KANSIER. As one who supported and advocated this
roeasure \Yhen introduced in the Convention, I desire to appeal to the,
members to place this question t^eyond any hops of repeal. I advocated
Pjud supporte.d the measure nqt from any motives of policy, but because
I believed that any contract, tl^e consideration of which was based upon
the property in man, was of itself invalid. I shall, therefore, cheer-
fully give my vote to make this section an integral portiogi of our State
Constitution. Some of the legal members of the Convention argue that.
the Ordinance is of itself suflicient ; that it has already all the force of
law, and that, therefore, it is unnecessary to incorporate it into the Con-
stitution. But there are those who do question the power of this Con-
vention to legislate. Let us take the benefit of the doubt, and place
the law where it cannot be misconstrued, and beyond the possibility of
defeat. Do tiiis, and we emphatically deny that there ever was or could
Ve property in man. I belieye this endorsement will rather tend to in-
crease than diniini.>-h the yote in favour of the ratificaticin of our Consti-
tution. I hope the report of the committee will pre'^ail, and, that this
measure will become a part of th« Constitution of the State of South
Qg^rolina.
Mr. F. J. MOSES, Jr. I desire to move a reconsideration of the vote,
whereby the Convention agre9d to adjourn at twelve M to-morrow. I
^m in favor of adjourning as soon us we can get through, but do not
believe it to be possible in the time fixed.
Mr. J. M. EUTLAND. I hope no such motion will be made. I be»
lieve we can complete our work.
Mr. D. H;. chamberlain. If I had. opposed the Ordinance
which this Convention has passed, invalidating all existing claims for.
slaves, I 8hoy.ld expect to find myself opposed to the introduction of that
principle and that rule into the Constitution. But I confess I am surprised
to find gentlemen on this floor who, by vote or speech, were in favor of the
passage of tliat Ordnance, to-day unwilling, that it should go into th^
organic law of tho State. I was i^ favor of iuv;ilidating such contract?^
116
9la , .PRDCEEDIN6S OF THE
and of forbidding any person or any court prosecuting such claims. I
■was an earnest advocate of that Ordinance ; and it is because that I
was an honest, earnest advocate of the measure that I am equally hen-
eat and earnest to see it put into the Constitution of tbe State. If
worth anything, let us put it, as far as lies in our power, beyond ther
reach of our enemies. There is great doubt among lawyers and some
gentlemen of the Convention whether we have the right to pass any
Ordinance beyond providing for the payment of our expenses and for
the election by the people for the ratification or the rejection of our
Constitution. There is great doubt, then, as to whether that Ordinance
secures the great object we have at heart. There could be no stronger
reason for incorporating it into the Constitution of the State.
The Convention agreed upon the measure by an overwhelming majori-
ty, that we have a right, either by the Constitution or by Ordinance, to
annul all contracts where the consideration was for the purchase of
slaves. If it was good to pass that Ordinance then it is better to-day
to pass this section of the Constitution. Gentlemen have argued that
this would cause many to vote against the Constitution. There are
many provisions in that Constitution to which I have been conscientious-
ly opposed, but I do not, on account of my objections, oppose, in the
slightest, the ratification of that instrument. I do not believe there is
a member on the floor of the Convention who would desire the defeat of
the Constitution. I go further and say, I do not believe there is a dele-
gate that dare, as a member of the Republican party, go before the
people of South Carolina and oppose the ratification of the Constitution.
Mr. J. S. CRAIG. I say emphatically I never will vote for anything
in confiiot with the Constitution of the United States.
Mr. C. P. LESLIE. My friend Mr. CHAMBERLAIN forgot you
Mr. CRAIG.
Mr. D. H. CHAMBERLAIN. We have gone through a great revo-
lution in this country. That revolution has established two principles.
The first is the inviolability and perpetuity of the American Union.
The second is the principle that no man can hold property in another,
and the sacredness before the law of human rights. And when that
great consummation has been reached nnd, we meet here under the pro-
tection of that rule to-day, tore-assume and re-establish the sovereignty
of the Constitutioa of South Carolina, write it I beseech you ; blazon it
on that Constitution, until the blind shall see and proclaim it ; until the
deaf shall hear that, hereafter, in no court of South Carolina shall the
question ever be raised whether one man has a valid claim to property
m another man '.
CONSTITUTIONAL CONVENTION 917
Mr. J. S, CRAIG. The gentleman has said that no honest man, no
Repuolican, would oppose this proposition. I desire to say, I have been
a Kepublican ever since I arrived at the age of twenty-one years, and
before that time. I have never been anything else. While I do not
oppost) the proposition upon principle, I do oppose it on constitutional
grounds. If I believed it to bo constitutional, I should vote for it ; but
1 believe it to be in direct viola,tion of that provision of the Constitution
of the United States, which says no law shall be passed by any State
iaipairing the obligation of contracts. As a citizen of the United States,
I feel bound by that provision. It has been said that there is no such
thing as property in man. I acknowledge that principle, but I do not
believe there is a man in this Convention who will deny that the Consti-
tution of the United States did recognize and protect the institution of
slavery. I am willing to go to the people on that issue.
Mr. C. G. BOWEN. I have a word to say in reply to those gentle-
men wlio have raised the question of constitutionality. Some of them
have said that if this section is incorporated into the Constitution, that
they will not vote for it. I may one day meet these gentlemen before
the people. I tell them right here, that in less than ten minutes this
section will have become a part of the Constitution of South Carolina.
I do not believo that any Eepublican will dare vote against that Con-
stitution. The fourteenth amendment to the Constitution of the United
States lays down this same rule, that neither the United States nor any
of the States shall ever pay any claims for slaves. Does that impair the
obligation of contracts ? That is expected to become a part of the Con-
stitution of the United States, and as far as South Carolina is concerned,
she can only resuitse lier place in the Union by the adoption of that
amendment We intend to make this the supreme law of the land, and
if there are those who will leave us, we say, let them go and joy go with
them. It will be the supreme law of South Carolina. If any man has
claims of this character, and he thinks the law is unconstitutional, by
impairing the obligation of contracts, let him go to the Supreme Court
of the United States and test the question.
I am surprised to find some gentlemen, who advocated it, have swung
so far round the circle to-day as to get on the opposite side. I fear they
have fallen into the hands of the Philistines. I know not the motive.
They admit that the Ordinance can be repealed by the very first Legis-
lature that meets in South Carolina. They know, too, in that case, all
our work here in discussing this question will have come to nought. I
do not propose such shall be the case. Great pains were taken by the
committee in framing that Ordin<\noe- It is true, there has been outside
mS rr»0CEEI5I?fCiS OF THI
pressure by parties to have it set aside. But that makes me all the more
desirous to have it incorporated into the Constitution of the State. I
have every confidence in the members of this Convention that they will,
by their votes, make it a part of the Constitution of South Carolina.
The question being taken on the adoption of the section, it was de-
cided in the affirmative, and pronounced an integral part of the Consti-
tution of South Carolina.
Mr. R. C. DeLA-RGE, o: the Committee on Franchise and Elections,
reported the following as a .substitute for the resolution offered on Sat-
urday :
Rrsn/ved, That this Convention lieroby request Congress 1o remore
the political disabilities of such citizehs of this State as may petition for
the same after the adoption of the Constitution framed by this Conve6-
tion ; Provided, Such persons make oath to support the Constitution of
this State and of the United States ; said oath to be first deposited in
the office of the Secretary of State, and a copy of the same forwarded
with the petition to the Congress of the United States.
Kesolved, That the President of the Convention is hereby directed to
forward a copy of this resolution to the I'resident of the Senate of the
United States, and a copy to tho Speaker of the House of Representa-
tives.
On motion of Mr. L. S. LANGLEY, the report was ordered to be
printed, and made the epecial order for ten o'clock Tuesday morning.
On motion, the Convention adjourned.
FIFTY -THIKD DAY.
• Saturday, I?Iarch 14, 1S6§.
*
The Convention assembled at teh A. M , and was called to i6rder by
the PRESIDENT.
Prayer was offered by the Rev. B. F. WHITTEMORE.
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 read the following extract from a letter received
from a distinguished gentleman in Washington, to Whom was sent
copies of the Constitution as it progress'ed in riie readings of the several
articles :
CONSTITUTIONAL CONVENTION. 919
" I have shown your Constitution and Bill of Eis^hts to many of the
leading Rppublicans here, who pronounce them as eminently fit for the
corner stone of the netv temple of liberty that you are eno;ap:ed in erect-
ing. The Convention has indeed done a sqeare work." (x^pplause.)
Mr. B. BYAS offered the following:
In order that this body may sustain its dignity against all charges
made against it and its members ; be it
Resolved, That the President of this Convention appoint a committee
of three to investigate the charge or charges made against one Dogan, a
member of this body, which charges appeared in the public journals of
this city this morning.
Reaolved, That the committee bo instructed to report within one hour
from the present time.
The resolution was unanimously ngrred to, and the PEE^TDENT
appointed Messrs. B. BYAS, W. H. W. GRAY and M. F.BECKER the
committee.
Mr. D. H. CHAMBERLAIN calidd up the preamble and resolutions
relative to the endorj^ement by the State of the bonds of the Blue Ridge
Railroad, which were made the special order for jetterday at twelve
o'clock.
Mr. B. F. WHITTEMORE rose to a rjuestion of privilege, and Mr.
CHAMBERL \.IN yielded the fluor for the purpose of allowing the mem-
ber from Darlington to offer a resolution.
Mr. B. F. WHITTEMORE offered the following preamble andVreso-
lutions, which were unanimously agreed to ^ilh enthusiastic] applause ■
ResoJvd, That the thanks of thi.s Convention are due Brevet Major-
Q-aaeral E 1. R. S. Canby, (commanding f^ecoud Military District, and all
officers in this department who have co-operated with this body in the
framing of the Constitution under the provision of the Reconstructioa
Act.s of Congress for the future government of South ( arolina.
Resolved, That this Convention will ever remember, with gratitude,
the harmonious relations which have existed between the military au-
thorities, under the command of General Canby, and its members, and
that in this expression of the appreciation of buch pleasant facts, we
recognize how feeble words are to convey the true sentiment of the
heart.
Reso^vpd, That a certified copy of these resolutions be furnished by
the President of this Convention to Brevet Major- General Ed. R. S.
Canby, Commanding Second Military District.
Mr. E. W. M MACKEY offered the following resolution, which was
agreed to :
920 PROCEEDINGS OF THE
Kesdlvpcl, That the Secretary and Sergeant-at-Arms of this Convention
be continued in oiS.C'3 for tivts d.tys afcei- the adjuutaiuent, for the pur-
pose of couipletiug the reoords and settling accounts, and that the PiObi-
dent is hex'eby authorized to pay all ju-^t ciaiuis that may be approved
and certified by the Chairman of the Finance Committee.
Mr. R. C. DeLAEGE offered the following resolution :
Jiesoloed, That the thanks of this Convention are hereby tendered to
5(;lie liberal-hearted and noble miuded people of the North who have
taken such a lively interest in the cau^o of education in this iState,
and other States of the South, and who have aided our people in the
establishment of our schools and school advantages.
Mr. B. F. WHITTEMORE offered the following resolution, which
was agreed to :
Resolved, That the tlianks of this Convention are due the City Gov-
ernment of Charleston, lot' tUe able aud liihoieut police lorce placed Under
the charge of the FresideiU of tnis couveuiiou.
Resolved, That a certiti.id copy of the foregoing resolution be sent to
the Mayor of this city by tlie l^resideut of tUiS ^ouvouuon.
Mr. L. S. LA'NGLEY offered the following resolution :
Resolved, That this Convention will not adjourn sine die until the
Committee on lie view and Consolidation have completed their work.
The PRESIDENT decided the resolution out of order. The Conven-
tion having once passed a resolution appointing a special time to ad-
journ, any other resolution except to reS'jiud its action, which should be
agreed to by a two-thirds vote, was not in order.
The PRESIDENT stated that he held in his hand an instrument con-
sisting of fifteen articles and two hundred and thirteen sections, each of
"which had been read three times and passed by the Convention. They
had from time to time been reviewed by the Convention, aud properly
arranged, and now purports to be the Constitution of the State of South
Carolina. The question before the Convention is, whether, having
passed these sections after three separate readings, they will pass thia
Constitution as a whole. The question is shall this Lonstitutiun be
adopted ?
Mr. R. C. DeLARGE objected to voting on the Constitution as a whole,
until the Committee on Consolidation and Review and the two Solicitors
CONSTITUTIONAL L'ONVKNTION 921
had exMiiinod it and arranged it, so that no sect'on came in conflict with
anothiM'.
Mr. 8 0. W. DILL hoped the Constitutirn would be passed without
further argument or debate. He cLiimed that the various parts had
been alrendy arranged by the Convention, and he for one, did not 'rrish
to retard its j;resentation to the people a moment longer.
Mr. F. L. rARDOZO moved to recind the resolution whereby the
Convention resolved to adjourn at twelve M., and to adjourn at six
this evening.
The PEESIDENT decided the motion out of order.
The PRESIDENT stated he would be most reluctant to interfere witb
the expressed will of the Convention. He would content himself by
Baying, that if a motion of that kind was carried it would be the first
time in the hietory of a parliamentary b 'dy that such a proceeding was
recorded. It would be strange indeed, if, within three-quarters of an
hour before the adjournment, the members nf the body should show
themselves so unfamiliar with parliamentary law and practice, and so
much unacquainted wit!i the condition of their business as to demand
an extension of the time agreed upon The work of the Convention
had been already accoiTipi'slied, and if thei-p were any remaining labdrs
to be performed by the Committee on Ivcview and Consolidation, the
members ol that Committee in the city coukl m^et after adjournment
for the purpose of making the final arrangement of the work. To pro-
long the session now, however, after a time hail been fixed for adjourn-
ment, and some of the members gone home undnr the impression that
the Convention would adjourn at that time, in his opinion would be
scarcely justifiable, and might raise a questiou as to the legality of such,
action.
Mr. B. E. RANDOLPH thought if this Convention had not completed
its work, it would be inconsistent for them to adjourn. He claimed that
the Convention had not completed its work, as the Committee on Re-
view and Consolidation had nut made their report.
Mr. J. J. WRIGHT asked tho President if it was not in his power to
call this Convention together, after it had adjourned at twelve M. into
another session.
The PRESIDENT answered in the affirmative.
Mr. J. J. WRIGHT said, he hoped the members would kepp quiet ;
and, if they did not get through, they could, under the call of the Pre-
sident, have another session.
Mr. R. C. DeLARGE offered the following :
923 PROCEEDINGS OF THE
Resolved^ That the President of this Convention is hereby directed to
re-assemble this Conventioa at three o'clock this afternoon.
The PRESIDENT said : The chair is in a very disaj^reeahle position,
and an important and responsible duty is imposed u[)on the President.
He has but one way in which to proceed, and 1 hat is, when the hour of
12 M. (looking at his watch) arrives, to declare the Convention adjourned
sirie flie. If the President, under the rule of the H mse. is empowered
to reconvene the body, it must bo apparent to every gentleman that it
inust be by sending a summons to every member of the Convention,,
many of whom have already left. It wt)uld not be just, fair, legal or
constitutional to summon only a portion of this Convention 'o enact any
measure. The ('hair, however, will, obey the orders of the house,,
although they might he illegal and unconstitutional.
Mr. E W. M. MAOKEY. II I understand aright the question now
is, whether the Constitution shall be adopted as a whole. I hope the
motion will prevail. I cannot see for. the life of me any necessity of wait-
ing or putting the Constitution into the hands of the Committee on
Keview and Consolidation. This body ha itself q..cted, so far, as it were,
a Committee of the Whole on Review and Coi;s"liilation of the Constitu-
tion. They have reviewed the entire C )ns'itution, si^ction by section, and
have consolidated it by altering or arranging tliem as they came up.
Whenever a clause or a 6ecti(jn in one artiile came in confl ct with, a
clause or section in another or diff^rt^nt ar.iicle, the ConventJ^on has inva,-
riably stricken out one of the conflicting clauses. For instance, in regard
to the Great Sdal of the State, the same section was reported in the'
report of the Committee on Miscellaneous Mutters, and the report of the
Committee on the Executive Provisions of the Constitution. It was
struck out of the first named report, and remained in that of the Execu-
tive.
Mr. L. S LANGLEY rose to a point of order, saying the question was
pn rescinding the resolution to adjourn.
The call for the previous question was not sustained, by a vote of 43.
ayes to 45 nays
Mr. B. F. RA^kJ'DOLPlI moved that the resolution by which this Con-
vention was to adjourn at twelve M., be rescinded.
The PRESIDENT said : The present action of the Convention, if
continued, will leave our work in danger of remaining incomplete. I
am compelled, under the instructions of the house, to adjourn at twelve
o'clock. The Constitution is not yet adopted. It is the first time I have
to appeal to the house, and I advise it not to throw its time away. If,
by a system of parliamentary tactics to protract proceedings, the Consti-
CONSTITUTIONAL CONVENTION 923
tution is not adopted as a whole by twelve o'clock, unpleasant as the
duty may be, when the hour arrives, I will be corapelled to adjourn the
Convention sine die. The Cons' itution not being adopted, the Conven-
tion would necessarily be obliged to re-assemble after a lapse of sufficient
time, perhaps of twenty days, in order to give notice to the members
Time is rapidly passing, and I adjure the house not to throw away the
important opportunity now offered of adopting the Constitution.
Mr. B. F. RANDOLPH said he would not have made his motion, if
the President had not stated that such a motion would be in order.
The PRESIDENT said many things are ia order which are uncon-
stitutional. I believe the result of* the motion, if decided affirmatively,
would be illegal. Many things might be in order for the Convention to
do, but the result of the action would be illegal. I do believe and think
I would be sustained by any parliamentary lawyer in saying, that when
the house has agreed to adjourn at any particular time, it is not in the
power of the house to change its decree. Some of the members have-
retired ; they cannot form a portion of the prolonged session without
much delay, and they might reasonably protest against its subsequent
action as a legal and constitutional body. Looking at it, therefore, in
the very best light, such action would place the Convention in a doubt-
ful position. At present, you are a body whose legality and constitu-
tionality cannot be questioned, and it is my fervent wish that you shall
so remain to the end
Several motions were made for indefinite postponement of the motion
to recind, which was agreed to.
Mr. L. S. LANGLEY. I desire to record my vote " no" on the ques-
tion of postponement.
The question was then put upon the adoption of the Constitution,
when it was unanimously carried.
The PRESIDENT. I now declare that this instrument, containing
fifteen articles and two hundred and thirteen sections, having received
the requisite number of readings, and passed by the Convention, has
been adopted as the organic law of the land and Constitution of the
State of South Carolina, subject to the ratification of its people. And
may God in His infinite mercy and wisdom grant that it may work good
to our whole country.
At this announcement, the Convention spontaneously rose to its feet
ar.d broke forth in loud and prolonged cheering.
After the applause had subsided, lUr. J. M. RUTLAND offered tuo
following, which was agreed to :
117
984- PROCEEDINGS OF THE
Resolved, That the President of this Conven'ion be requested to for-
ward, at an early day, to the President of the Senate aud Speaker^ of tha
House of Representatives at Washiiiij^'on, re<p "otively, a copy of the
Peport of the Chairmau of th« Cotmuittt-e uii Politicjus, recommending
that this Convention do petition oiigress to remove the pohtio il disa-
bihties of certain persons named iu said report, together with a copy of
this resolution.
Mr. T. J. ROBEETSON moved that the President temporarily vacate
the Chair.
Mr. N. G. PARKER moved that Mr. T. J. COQHLAN, of Sumter,
take the Chair, which was agreed to.
Mr. T. J. COGHLAN, on taking the Chair, returned his thanks for
the honor conferi ed. It would, he said, be a great pleasure to render
a tribute of esteem from the Convention to their noble President — such
a tribute as would do him everlasting honoi'.
Mr. J. T. ROBERTSON then offered the following, which was unani-
mously agreed to, with great cheering and applause :
Resolved, That for the very able and important discharge of the re-
sponsible and arduous duties, gratuitously performed, of presiding over
the deliberations of this Convention, and for the uniform kindness and
forbearance shown at all times to all its members, the thanks of this
Convention be tendered to Hm. A. G. Mackey, our President
The PRESIDENT, on resuming the Chair, spoke as follows :
Gentlemen of the Convention : — After an arduous labor of two
months, we are at last about to part, and the time has arrived which
admonishes us that having accomplished, to t'lie best of our abilities, the
duty which had been imposed upon us by our constituents, nothing is
left for us to do but affectionately to bid each other farewell.
I look back, as I trust you all do, with much self-gratulation, upon
the hours that we have spent together. There are with us no unpleas-
ant reminiscences of thoae acrimonious bickerings which, in all delibera-
tive assemblies, are too often incidental to the excitement of debate and
the attrition of antagonistic minds. Engaged in the consideration of
topics of the highest importance, diiferences of opinion have necessarily
existed, but those differences, although always boldly expressed and
sturdily maintained, have never been characterized by the petulance of
personal retort. Indeed, I am sure that the history of parliamentary
bodies has never presented a more uninterrupted example of the capa-
( ity of men to differ widely on certain subjects, and yet with friendly
forbearance to agree to differ The members of this Convention, on all
ccasions, where there has not been unanimity, may have been oppo
ents in opinion, but have always been friends in counsel.
For myself, I do not know that I have ever said one word to wound
1 e feelings of a delegate. If I have dene so, the fault has been unin
CONSTITUTIONAL CONVENTION. 925
tentional, and has escaped luy reuollection. I am sure that no word has
been uttered by any one of the members to me. which the most exacting
man would have wished unsaid. To me, as their presiding ofificer, the
delegates of this Convention hove ever been most kind, considerate and
respectful, and for these demonstrations of your good wiil I am most
profoundly grateful. In my own course I have endeavored to be thor-
oughly impartial. Whatever have been my private opinions on any
of the subjects under deliberation, I have sought, and I hope suc-
cessfully, to forget them while I controlled debate, and have tried to
rule on every question, not as my predilections might have led me, but
as the law of parliament and the rules of the house required. And I
feel proud as well as grateful, that the house has evinced its confidenoe
in my honesty as a presiding officer in this, that no decision I have made
has ever been overruled
The work which we were sent here to do was most momentous to the
Commonwealth which we represent, and the members of this Convention
are, I think, worthy of much commendation for the improvements they
have made in the organic law, when their labors are compared with
those of their predecessors We here present to our constituents a Con-
stitution in which, for the first time in the political history of the State,
the great doctrine of manhood suffrage is distinctly recognized, and all
the rights are secured to every citizen to which nature and nature's Gpd
have entitled him. Here, have we stricken every vestige of serfdom
from our iustitutions, and that too in so emphatic and unambiguous a
way, that no doubt can be entertained of our determination that this
relic of harl)arism shall never again, in any form, pollute our soil. Here
we have made every needful arrangement for the free education of our
people, so that if future legislators shall carry out in good faith the pro-
visions which we have ordained on this vital subject, in a few years the
fttain of ignorance which now pollutes our history will be forever oblite-
rated, and the happy period will have arrived when no son or daughter
of South Carolina will be unable to read and write. Thus have we broad-
ly sown the seeds of public education, and thus shall we, in no distant
time, reap the rich harvest of public virtue. Crime and ignorance are
inseparable companions We have stricken a heavy blow at both, and
may look for the natural and inevitable result in the elevation of all our
people to a social, political and religious eminence, to which, under the
former Constitution and laws of the State, they had never attained.
Here, too, we have obliterated from our political system that most
pernicious heresy of State sovereignty — a heresy which, for nearly half a
century, taught by our leaders, had, like an ignis faJiiis, led the people
of Houth Carolina, on more than one occasion, to the brink of rebellion,
until there arose at length, as a neceesary result of this doctrine, ong of
the most fratracidal wars that the world ever saw. The theory of a
divided allegiance, and of a sovereignty within a sovereignty, alike incon-
gruous with all the principles of political science and with the system of
national power established by our fathers, ha.4 received frum you a
death blow. No longer, if the Constitution 3-ou have adopted should
he ratified by the people, will there be any danger of a future ronellion,
936 , FROOIliEDINGS OF THE
in which the ^loi'ious flfip; of our common country — a flag which has
often " braved the bat' le an' the breeze" — shall be treated by a por-
tion of the nation with insult, and for it an ensign to be substituted,
consecrated by no national traditions, and simply the novel insignia of a
disrupted Confederacy. In e8r!ih!is''ing this principle of a paramount
allegiance to the national Government you have thrown a protection
around the national life for the future, and you have justified the acts
of those Union men who, in the midst of a wide-spread and threaten-
ing rebellion, nobly stood by this doctrine you have announced, and
would not acknowledge that tlie State, how^ever much they loved it as
their home, could supplant, in their affections, the nation from which
they received protection
I speak not of these, as parts of the results of our labors, in any spirit
of acrimony toward those who have heretofore neglected these great
duties of legislators — for I would desire to buiy the past in that oVdivion
which best befits it, or to hold it only as a beacon light to warn us from
its follies and its perils in the future — but because as s;e\vads of a great
trust we have a right to show to our constituents how we have dis-
charged the duties of the st'W ird-ship which they had confided to us.
To the people of South Carolina, we submit the Constitution which
we were instructed to frame, in the canfident expectation that its mani-
fest superiority over all other Constitutions by which this Commoii-
wealth has hitherto been governed, will secure for it a triumphant ratifi-
cation. We do not claim for ourselves a pre-eminence of wisdom or
virture, but we do claim that we have followed in the progressive
advancement of the age ; that we have been bold and honest enou h and
wise enough to trample obsolete and unworth}' prejudices under foot,
and thus have been enabled, with impartial legislation, to provide for
the civil and political interests of all men of everj' rank, station or race,
within the borders of our beloved State
But the painful moment of separation has arrived, and that word
which friends always dread to hear has to be pronounced Associates, I
bid you an affectionate farewell, and wishing you all a safe and happy
return to your respective homes, I now, in accordance with the resolution
of the house, declare the Constitutional Convention of South Carolina
to be adjourned sine die.
The Convention then adiourned sine die.
use - Coleman Karesh Law Librai
1 3DD DlnD^^3
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