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be chosen in the same manner, and hold office mentally disabled, for a term cquivalent to four years. A Court of Probate is to be es- twenty-four months at least, is to be provided tablished in each county, the judge of which for as soon as a system of public schools has shall be chosen by a vote of the people for a been thoroughly and completely organized and term of two years. Justices of the peace are facilities afforded to all the inhabitants of the elected by the people, and have jurisdiction of State for the free education of their children.” all cases where the amount involved does not The Legislature is also required to provide for exceed one hundred dollars. The General As- the establishment of a State Normal School; sembly is required, at its first session after the educational institutions for the Blind, and Deaf, adoption of the constitution, to make provision and Dumb; a Reform School; State Universi*to revise, digest, and arrange, under property; and Agricultural College. A poll-tax of heads, the body of our laws, civil and criminal, one dollar is to be exacted solely for the supand form a penal code founded upon principles port of schools, and an annual tax on all taxaof reformation, and have the same promulgated ble property is to be levied for the same object. in such manner as they may direct; and a like The following is section 10 of the article on revision, digest, and promulgation shall be education: made within every subsequent period of ten all the public schools, colleges, and universities years. That justice shall be administered in a of this State, supported by the public funds, shall be uniform mode of pleading, without distinction free, and open to all the children and youths of the between law and equity, they shall provide for State, without regard to race or color. abolishing the distinct forms of action, and for
When the work of the Constitutional Conthat purpose shall appoint some suitable per- vention was completed, the following resoluson or persons, whose duty it shall be to re
tions were unanimously adopted : vise, simplify, and abridge the rules, practice, due to Brevet Major-General E. R. s. Canby, com
Resolved, That the thanks of the convention are pleadings, and forms of the courts now in use in this State."
manding Second Military District, and all officers in
this department who have coöperated with this body The qualifications of electors are laid down in the framing of the constitution, under the proviin the following section :
sions of the reconstruction acts of Congress, for the Sec. 2. Every male citizen of the United States, future government of South Carolina. of the age of twenty-one years and upward, not la
Resolved, That this convention will ever remember boring under the disabilities named in this constitu- with gratitude the harmonious relations which have tion, without distinction of race, color, or former existed between the military authorities, under the condition, who shall be a resident of this State at the
command of General Canby, and its members, and time of the adoption of this constitution, or who shall that, in this expression
of the appreciation of such a thereafter resido in this State one year, and in the pleasant fact, we recognize how feeble words are to county, in which he offers to vote, sixty days next convey the true sentiment of the heart. preceding any election, shall be entitled to vote for
Resolved, That a certified copy of these resolutions all officers that are now, or hereafter may be, elected be furnished by the President of this convention to by the people, and upon all questions submitted to
Brevet Major-General E. R. S. Canby, commanding the electors at any election: Provided, That no per
Second Military District. son shall be allowed to vote or hold' office, who is The convention had adopted an ordinance now, or hereafter may be disqualified therefor by the on the 9th of March providing that the constiConstitution of the United States, until such diso tution should be submitted "for ratification to qualification shall be remedied by the Congress of the United States: Provided further, That no person,
the persons registered under the provisions of while kept in any almshouse or asylum, or of unsound this act (March 23, 1867, section 4), at an elecmind, or confined in any public prison, shall be al- tion to be conducted by the officers appointed lowed to vote or hold office.
or to be appointed by the commanding general Any person, entitled to vote, is declared eligi- as hereinbefore provided, and to be held after ble to office "except as otherwise provided in the expiration of thirty days after the notice this constitution or the Constitution and laws thereof, to be given to the said convention; of the United States;" and the Legislature is and on the 13th, General Canby issued the neprohibited from depriving any of the citizens cessary orders appointing the 14th, 15th, and of the State of the right of suffrage "except 16th of April for holding the election, at which for treason, murder, robbery, or duelling, the vote was to be taken on the constitution, whereof the persons shall have been duly tried and all the State officers were to be chosen. and convicted."
Full directions were given with regard to the The supervision of public instruction is given registration of voters, the revision of the lists, to a State Superintendent and to County Com- and the taking of the ballots, which did not missioners, and it is made the duty of the differ materially from those for the election of General Assembly, “as soon as practicable,” 1867. to provide for a "liberal and uniform system For the preservation of good order on election of free public schools," and to cause the days, the following regulations were laid down: State to be divided into suitable school dis- 9. The sheriff and other peace officers of each tricts, in each of which one or more schools county are required to be present during the whole are to be kept open at least six months in the time that the polls are kept open, and until the elecyear. Compulsory attendance, at either pub- there shall be no interference with judges of elec
tion is completed; and will be made responsible that lic or private schools, of all children between tions, or other interruption of good order. If there
ages of six and sixteen, not physically or should be more than one polling-place in any county,
the sheriff of the county is empowered and directed conservative men, under the banner of the national to make such assignments of his deputies and other Democratic party--a party faithful to the principles peace officers to the other polling-places, as may in of the Federal Constitution, as maintained by the his judgment best subserve the purposes of quiet fathers of the Republic: be it therefore and order; and he is further required to report these Resolved, That the Democratic party of South Caroarrangements in advance to the commander of the lina do unite with the national Democratic Party military post in which his county is situated. the country, and hold themselves ready, under the
10. Violence, or threats of violence, or of discharge Constitution and the laws, to cooperate with that are from employment, or other oppressive means to pre- ganization in all principles, and in all measures, tha: vent any person from registering or exercising his may be regarded conducive to the interests of the right of voting, is positively prohibited; and any whole country and of all classes of the people. such attempts will be reported by the registrars or Resolved, That the people of this State, including
judges of election, to the post commander, and will all men prepared to act with the party, be earnesti cause the arrest and trial of the offenders by military invited to form Democratic clubs in every section authority. The exhibition or carrying of deadly the State. weapons, in violation of General Orders No. 10, of
The third resolution was in these words: 1867, at or in the vicinity of any polling-places during the election herein ordered, will be regarded and Resolved, That the people of this State be urger the treated as an additional offence.
recommended to go to the polls and vote against th: 11. All bar-rooms, saloons, and other places for constitution of the Radical faction lately, pronu'zed the sale of liquors by retail, will be closed from six in Charleston, and to vote for good and true men fa o'clock of the evening of the 13th of April until six all offices within their gift. o'clock of the morning of the 17th of April, 1868; After some debate an amendment was adop:and during this time the sale of all intoxicating lia ed in the following words: quors at or near any polling-place is prohibited. The police officers of cities and towns, and the sheriff's At the same time, in voting for officers under this and other peace officers of counties, will be held re- constitution, we would put on record our protesi sponsible for the strict enforcement of this prohibi- against its validity. tíon, and will promptly arrest and hold for trial all
A fourth resolution was then offered, whic! persons who may transgress it.
read as follows: 12. Military interference with elections, "unless it shall be necessary to repel the armed enemies of the Resolved, That, under the action of the State of United States, or to keep the peace at the polls," is South Carolina, heretofore taken, we recognize the prohibited by the act of Congress, approved February negroes of the State as an integral element of the 25, 1865, and no soldiers will be allowed to appear at body politic; and, as such, in person and property, any polling-place, unless as citizens of the State they entitled to a fulland equal protection under the suce are qualified and are registered as voters, and then constitution and laws. "And that, as citizens of 830: only for the purpose of voting; but the commanders Carolina, we declare our willingness, when we are of posts will keep their troops well in hand on the the power, to grant them, under proper qual fons days of election, and will be prepared to act promptly as to property and intelligence, the right of subruge if the civil authorities are unable to preserve the After some discussion, this was amended be peace.
substituting the words "colored population Nominating conventions of both parties were for “ negroes," and in that form adopted. Toe held, to place candidates before the people for nominations were: for Governor, Hon. W. D. the State offices. The Republican nominations Porter, of Charleston; for Lieutenant-GOTEDwere made by the Constitutional Convention, or, Hon. T. O. Perrin, of Abbeville; for sersitting as a nominating convention, and with retary of State, Ellison Capers; for Adjutar: one exception were taken from the members and Inspector-General, Colonel J. P. Thomas; of that body. For the office of Governor they for Treasurer, William Hood; for Comptroler nominated General R. K. Scott, a native of General, S. L. Leaphart; for Attorney-Gera Ohio, who had been for some time Assistant eral, I. W. Hayne; for Superintendent of Ed3Commissioner of the Freedmen's Bureau in the cation, J. A. Leland. State ; for Lieutenant-Governor, Judge Lem- The commanding general having received uel Boozer; for State Treasurer, N. G. Par- information from different sections of the State ker, formerly from Massachusetts, who had and from members of both political parties served as an officer of colored troops in the that combinations have been formed, or as war; for Comptroller-General, J. J. Neagle, now being formed, to prevent delay or hinder from New York, originally, however, a North the execution of the laws of the United Sista Carolinian; for Secretary of State, F. L. Car- or by force, intimidation, or threat, to prevent doza, a colored man of intelligence and educa- persons from accepting or executing the doris tion; for Adjutant and Inspector-General, F. of any office or employment under the United J. Moses;
for Attorney-General, D. H. Cham- States, at the election to be held under goibar. berlain, a young man from Massachusetts, who ity of the law of March 2, 1867,” issued a had served in the Federal army.
order on the 6th of April, warning all persons The Democratic Convention met at Columbia taking part in any such combinations that they on the 3d of April. The attention of the dels were "amenable not only to the penalties preegates was given, soon after the opening of the scribed under the authority of said laws but convention, to a series of resolutions represent- for the violation of the act of Congress 'to de ing the views of the party. The following fine and punish certain conspiracies,' approre! were adopted without debate :
July 31, 1861." It was also declared to be the Whereas, In the opinion of this convention, the in- duty of the civil and military authorities to terests both of our State and our common country im- secure to every registered voter the free and peratively demand the union of all good, wise, and full exercise of his right of suffrage, and this
duty must be fully, faithfully, and impartially strance was submitted in the House of Repreperformed." Military commissioners were also sentatives, and there it was laid on the table. appointed for each county with the powers of The principal ground of opposition to the conjustices of the peace, and sheriffs, constables, stitution, on the part of the Democratic party, police officers, and troops, if necessary, were is exhibited in the following passages from
placed at their command for the enforcement the “remonstrance: it of the regulations laid down in regard to the Section two of article eight enfranchises every L election under the reconstruction laws. Some male negro over the age of twenty-one, whether a
of the complaints had reference to the conduct convict, felon, or a pauper, and disfranchises every of colored citizens, and to these the command- white man who has held office in South Carolina. ing general considered it “proper to say that the in all elections, to ignorance, stupidity, and vice.
Intelligence, virtue, and patriotism are to give place, elective franchise conferred upon them by law The superior race is to be made subservient to the carries with it no authority to restrict others inferior. Taxation and representation are no longer in the free exercise of that right; and that to be united. They who own no property are to levy while it is their duty not to regard threats or
taxes and make all appropriations. The property
holders have to pay these taxes, without having any intimidation as to themselves, any combinations, voice in levying them! The consequences will be, to prevent by force, intimidation, or threats, the effect, confiscation. The appropriations to supsame free exercise of this right by others will port free schools for the education of negro children, be unlawful, and will subject the offenders to and the vicious in jails and penitentiary, together
for the support of old negroes in the poor-houses, the penalties prescribed by law and by military with a standing army of negro soldiers, will be crushorders. They are counselled to exercise the ing and utterly ruinous to the State. Every man's right of voting in a quiet and orderly manner, property will have to be sold to pay his taxes. giving offence to no one; and, after casting
We have thus suggested to your honorable body their votes, not to linger about the polling of this constitution. We waive all argument upon
some of the prominent objections to your adoption places, but to return quietly to their homes and the subject of its validity. It is a constitution de to their customary avocations."
facto, and that is the ground upon which we approach The election took place without serious dis- your honorable body in the spirit of earnest remonturbance, and resulted in the choice of the Re- strance. That constitution was the work of Northern publican candidates for the State offices. The groes. Not one per cent. of the white population of
adventurers, Southern renegades, and ignorant nevote on the constitution was as follows: the State approves it, and not two per cent. of the
negroes who voted for its adoption understand what Against.
their act of voting implied. That constitution enfran
chises every male negro over the age of twenty-one, Abbeville..... 5,302 2,821 1,100 8,921 1,381 and disfranchises many of the purest and best white Anderson...
1,077 men of the State. The negro being in a large nuBarnwell. 5,718 3,357
4,014 1,674 merical majority as compared with the whites, the Beaufort. 8,053 4,939
5,099 2,955 effect is that the new constitution establishes in this Charleston.. 12,282 3,334 15,616
4,528 State negro supremacy, with all its train of countChester 3,471 1,750
2,731 Chesterfield 1,936
less evils. A superior race—a portion, Senators and Clarendon 2,353 1,403
707 Representatives, of the same proud race to which it Colleton
3,465 1,955 is your pride to belong—is put under the rule of an Darlington.. 4,667 2,710
3,401 1,266 interior race; the abject slaves of yesterday, the Edgefield
2,512 flushed freedmen of to-day. And think you that Fairfield.... 3,509 1,986
there can be any just, lasting reconstruction on this 3,356 2,473
2,618 738 Greenville..
basis?. The committee respectfully reply, in behalf Horry. 1,640
of their white fellow-citizens, that this cannot be. Kershaw... 2,743 1,406
1,008 We do not mean to threaten resistance by arms. But Lancaster... 2,100
the white people of our State will never quietly subLaurens 4,119 1,901 1,137
1,081 mit to negro rule. We may have to pass under the Lexington. 2,595 1,105
yoke you have authorized, but by moral agencies, Marion.
3,741 1,586 1,565 3,151 Marlboro'.
690 by political organization, by every peaceful means 2,213 1,258 Newberry
left us, we will keep up this contest until we have Oconee. 1,603
1,114 489 regained the heritage of political control handed Drangeburg.
2,957 1,167 4,124 1,035 down to us by an honored ancestry. This is a duty Pickens 1,325
we owe to the land that is ours, to the graves that it Richland. 4,628 2,501 1,248 3,749
contains, and to the race of which you and we are Spartanburg 4,449 1,430 1,983 3,413 Sumter..
1,036 alike members—the proud Caucasian race, whose 5.157 3,426
sovereignty on earth God has ordained, and they Villiamsburg.. 2,689
themselves have illustrated on the most brilliant Tork....
4,233 1,933 1,576 3,509 724 pages of the world's history. Total.... 133,597 | 70,758 27,288 | 98,046 | 85,551
After the passage of the act of Congress, of
June 25th, popularly known as the “Omnibus The constitution having been ratified, a copy Bill,” the Governor-elect issued a proclamation f the instrument was forwarded to Congress for the assembling of the Legislature on the or its approval. The Democratic Central 6th of July. The new Governor was inauguommittee at once framed a remonstrance rated on the 9th of July, and, in his inaugural gainst it, which was prepared by the Hon. B. address to the Assembly, declared his full con· Perry, and sent three of their number to fidence in the validity and wisdom of the FedFashington, to urge it upon the attention of eral legislation which had been adopted in ongress. They argued their case before the reconstructing the State. On taking leave of econstruction Committee, and the remon- the office, which he had filled since November
699 145 788 773 329 780
1865, Governor Orr submitted a message to choice of the majority fell on Thomas J.P the Legislature, in accordance with an invita- ertson, for the short term, ending in 1871, ? tion which he had received, giving all the in- Frederick A. Sawyer for the long term, wra formation in his possession respecting the con- ends in 1873. Judges of the Supreme C dition and necessities of the State, and he also were also chosen : F. J. Moses being selet issued an address to the people of South Caro- for Chief Justice, and A. J. Willard and &L lina, in which he reviewed the period of his Hoge for Associates. A resolution with regra. own administration, and recommended a cheer- to a memorial to Congress for the remoria ful coöperation with the existing authorities, disabilities was introduced, and referred as for the restoration of prosperity in the State. committee, but not acted apon at this General Scott also transmitted a message to sion. A bill “to protect all persons in a the Legislature, calling attention to the various State in their civil rights, and furnish measures required in the organization of the means of their vindication," was introduced State Government, and recommending such the House of Representatives, which deler acts as he deemed expedient, in carrying into the civil equality of all citizens, and probid effect the different provisions of the new con- any discrimination on account of race or cu stitution. One of his most earnest recom- on the part of hotel-keepers, carriers of mendations was, that a memorial be sent to sengers, granters of licenses, etc. This Congress, praying for the removal of all polit- passed the House after long debate, and in 2 ical disabilities imposed upon citizens of the Senate was adopted with some important State. The “Fourteenth Amendment” was fications, but the amendments were not coratified by a vote of 108 to 10, and the re- curred in by the House, and the whole Essa construction of the State was practically ure failed. completed by the withdrawal by military Many laws were passed during the sessie order, on the 13th of July, of all the authori- the object of which was to effect a reorgani ties created by the reconstruction acts, "ex- tion of the machinery of the State government cept so far as necessary for the inauguration The various courts provided for in the ce of the new State government, and to close up tution were organized, and laws enacted : unfinished business.” It was announced that regulate their proceedings. Sereral estthe terms of office of all agents and appointees, ments were made relating to elections instituted for the purpose of carrying into ef- none of these were of peculiar interest. Ai fect the authority of the military commander to amend the charter of the city of Charlestie in the civil government of the State, would making provision for an immediate nucease on the date of the proclamation of the election under regulations laid down in President, announcing the ratification of the act, was vetoed by the Governor, and an Fourteenth Amendment; and that the tenure tempt to pass it over his veto was un: ** of all appointees to civil office under authority ful. Among other measures relating to t of the reconstruction laws should terminate administration of affairs in the State, when their successors, elected or appointed homestead law and a law establishing a s* under the constitutional laws of the State, police. Two laws were authorized oset might be “duly qualified.” Further orders provide for certain floating obligations of l. were given for completion of business connect- State, known as “bills receivable," and Ded with the functions of district commander, other to provide for the payment of inicio and the final withdrawal of all such anomalous on the State debt. The Legislature adjours. authority.
on the 25th of September. The executive government of the reconstruct- The declared principles on which the Den ed State of South Carolina consists of the follow- cratic party was organized, at the content ing officers: Governor, R. K. Scott; Lieuten- of April, did not give satisfaction to the e ant-Governor, Lemuel Boozer; Adjutant and body of Conservatives in the State. There Inspector-General, Franklin J. Moses, Jr.; chiefly objected to was the concession made Secretary of State, Francis L. Cardoza ; Comp- favor of qualified negro suffrage. In rent troller-General
, J. L. Neagle; Treasurer, Niles a letter of Judge Aldrich, condemning that G. Parker; Attorney-General
, D. H. Cham- tion of the convention, a member of the De berlain ; Superintendent of Education, Justus cratio Central Executive Committee gare the K. Jillson.
following as the “views and principles of te The Senate consists of 33 members, nine of Democratic Party of South Carolinia, & 1.3 whom are negroes.
Seven of the 24 white organized under the auspices of the April CIASenators are Democrats. Only 48 of the 124 vention : members of the other House are white men, and of these but 14 are Democrats. The en
1. We maintain, "with President Johasca si tire Legislature consists of 72 white and 85 construction programme, enacted and to be found
whole Democratic party North," that the sun colored members.
under the Military Bill of Congress, is unaw One of the first duties of the nowly-organ- tional, illegal, and properly null and void ized Legislature, and one in which great inter- Governor Orr, in his address to the so-cales
2. We therefore repudiate the admissions msie's est was taken, was the election of Senators to tutional Convention, wherein he acknowledged to Congress. After considerable canvassing, the legality of that body.
8. We maintain that to the States belongs the ques- Still another Democratic Convention was tion of negro suffrage. And further, believing an af- held on the 6th and 7th of August, at Columfirmative declaration on this subject expedient and essential to party vitality, and a move in the direc- bia, for the purpose of nominating presidential tion of justice and fair dealing, we deem it becoming electors. Speeches were made by General and right now to say what, in our sovereignty, we Wade Hainpton and other prominent Conserwould be willing to concede to the colored element. vatives, and resolutions were adopted declar
And further, the negro element in our midst, beis ing a large one, we deem it statesmanship not to ig
ing: nore it.
1. We adopt the declaration of principles of the 4. We appreciate, as fully as any, the dignity and national Democratic party, and indorse the nominaclaims of the white race, and contend that their po- tions of Seymour and Blair. litical control of this State, and the country at large, 2. While entering a protest against the reconstrucis a right which must never be given up. This must tion acts, we rely confidently on constitutional agenbe, and shall be par excellence, a white man's gov- cies and peaceful instrumentalities to bring us the
peace we seek and the reforms we need. 5. But, at the same time, confident and strong in 3. We invite all to unite with the Democracy in the the knowledge of the white man's power, influence, effort to save free institutions and secure a genuino and resolve, we hold it magnanimous, just, and right, restoration to the Union, and put the republic on a to give the colored man a fair showing, and to set á career of honor, peace, and prosperity.. premium upon industry, intelligence, and worth, 4. That President Johnson, for resisting tho agwhenever these elements are found in him. Wé gression of Congress, is entitled to the gratitude of would extend no consideration to the black man's the people. Radical advisers from the North, nor to his renegade 5. Our acknowledgments are due to the citizens, adherents South; but, as respects the great mass of soldiers, and sailors of the North who, amid the colored people themselves, in consideration of their storm of Radical passions, have raised their voice in own inexperience, and the influences to which they behalf of an insulted and outraged section. have been subjected, we are disposed to indulge 6. The State Central Committee is authorized to them yet longer.
fill vacancies resulting from the death or resignation Another convention was held on the 9th of
of presidential electors; also, to take such steps as
may be necessary to insure a Democratic success. June for the purpose of sending delegates to the National Convention at New York, and a
An address was soon after issued by the Excommittee was appointed to confer with the ecutive Committee of the party to the colored Executive Committee of the former conven
citizens of the State, in which they attempted tion. A harmonious meeting was held, which to show that the Southern Democrats are the resulted in the proposition that the present real friends of the colored men, and reproach convention appoint an Executive Committee the latter for numerous disorders which they of its own, and that the two be united at were led into by political excitement. an early day. This was unanimously agreed which they assume to prove, from the past
The negroes made a reply to this address, in to, and the only platform adopted was embraced in the following resolutions, which con- record of the Democratic party, that it had stituted a supplemental report of the commit- not shown itself a friend to the colored man, tee of conference:
and deny that they have any disposition to
excite disorders, or indulge in violence. DurResolved, That the Democratic party of this state ing the heat of the campaign somo disturbduly appreciates and accepts the invitation from the Executive Committee of the Democratic party of tho
ances occurred, and, on the 31st of August, United States, to send delegates to the general con
Governor Scott issued a proclamation, in which vention to be held in New York, on the 4th day of he stated that information had reached him of July next, to nominate candidates for the presidency armed and disciplined organizations, formed and vice-presidency of the United States ; but,
inas- for political purposes, in the interest, as he inCarolina labors will render it impossible for the timated, of the Democratic party. This was, white race to cast the vote of the State, at the next however, denied by the Democratic Commitpresidential election, it is recommended to the dele- tee, who further declared that “in the fugates appointed from this State to ask the counsel of ture, as heretofore, this party proposes to be a their brethren from other States as to the propriety party of peace, of law, and order, and conof their voting in the convention, and to govornfidently relies upon peaceful instrumentality, themselves accordingly.
Resol red, That having entire confidence in the and the ballot, to accomplish political reform, principles and patriotism of the Democratic party, which the interests of the State and country and believing and trusting to their assurances that demand." The negroes were also accused of South, as they have done in the North, in the East, arming and drilling companies, and threatening and in the West, the supremacy and government of danger to the whites, but no serious outbreak the white race—a white man's government-leaving occurred. One result of these excitements, to the States themselves to regulate their suffrage however, was the enactment of a law by tho tions and the fraudulent governments created by the tion and rebellion.” This gave the Governor laws; and, also, that they will expunge the usurpa- Legislature “ for the suppression of insurrecmilitary power, under what are called the reconstruction laws, and thereby restore to the Union the authority to call out the militia for this purpose, Southern States, such as they were before the enact- and to seize and control railroads and telegraphs, ment of said laws,we hereby pledge ourselves to the as a part of the military establishment. support of the candidates of that party for President and Vice-President of the United States, to be nom
Several assassinations occurred during the inated at the coming convention in the city of New fall, prompted, as is supposed, by political moYork, the 4th day of July next.
tives, the most notable of which were those