be chosen in the same manner, and hold office four years. A Court of Probate is to be established in each county, the judge of which shall be chosen by a vote of the people for a term of two years. Justices of the peace are elected by the people, and have jurisdiction of all cases where the amount involved does not exceed one hundred dollars. The General Assembly is required, at its first session after the adoption of the constitution, to 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 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 the rules, practice, pleadings, and forms of the courts now in use in this State." The qualifications of electors are laid down in the following section: SEC. 2. Every male citizen of the United States, of the age of twenty-one years and upward, 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 constitution, or who shall thereafter reside in this State one year, and in the county in which he offers to vote, sixty days next preceding any election, shall 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 election: 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 remedied by the Congress of the United States: 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. Any person, entitled to vote, is declared eligible to office "except as otherwise provided in this constitution or the Constitution and laws of the United States; " and the Legislature is prohibited from depriving any of the citizens of the State of the right of suffrage "except for treason, murder, robbery, or duelling, whereof the persons shall have been duly tried and convicted." 66 The supervision of public instruction is given to a State Superintendent and to County Commissioners, and it is made the duty of the General Assembly, as soon as practicable," to provide for a "liberal and uniform system of free public schools," and to cause the State to be divided into suitable school districts, in each of which one or more schools are to be kept open at least six months in the year. Compulsory attendance, at either public or private schools, of all children between of six and sixteen, not physically or the ages mentally disabled, for a term equivalent to twenty-four months at least, is to be provided for as soon as a system of public schools has been thoroughly and completely organized and facilities afforded to all the inhabitants of the State for the free education of their children." The Legislature is also required to provide for the establishment of a State Normal School; educational institutions for the Blind, and Deaf, and Dumb; a Reform School; State University; and Agricultural College. A poll-tax of one dollar is to be exacted solely for the support of schools, and an annual tax on all taxable property is to be levied for the same object. The following is section 10 of the article on education: 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. When the work of the Constitutional Convention was completed, the following resolutions were unanimously adopted: due to Brevet Major-General E. R. S. Canby, commanding Second Military District, and all officers in this department who have cooperated with this body in the framing of the constitution, under the provisions of the reconstruction acts of Congress, for the future government of South Carolina. Resolved, That the thanks of the convention are Resolved, That this convention will ever remember with gratitude the harmonious relations which have existed between the military authorities, under the command of General Canby, and its members, and that, in this expression of the appreciation of such a pleasant fact, we recognize how feeble words are to convey the true sentiment of the heart. Resolved, That a certified copy of these resolutions be furnished by the President of this convention to Brevet Major-General E. R. S. Canby, commanding Second Military District. The convention had adopted an ordinance on the 9th of March providing that the constitution should be submitted "for ratification to the persons registered under the provisions of this act (March 23, 1867, section 4), at an election to be conducted by the officers appointed or to be appointed by the commanding general as herein before provided, and to be held after the expiration of thirty days after the notice thereof, to be given to the said convention; and on the 13th, General Canby issued the necessary orders appointing the 14th, 15th, and 16th of April for holding the election, at which the vote was to be taken on the constitution, and all the State officers were to be chosen. Full directions were given with regard to the registration of voters, the revision of the lists, and the taking of the ballots, which did not differ materially from those for the election of 1867. For the preservation of good order on election days, the following regulations were laid down: 9. The sheriff and other peace officers of each county are required to be present during the whole time that the polls are kept open, and until the electhere shall be no interference with judges of election is completed; and will be made responsible that tions, or other interruption of good order. If there should be more than one polling-place in any county, the sheriff of the county is empowered and directed to make such assignments of his deputies and other peace officers to the other polling-places, as may in his judgment best subserve the purposes of quiet and order; and he is further required to report these arrangements in advance to the commander of the military post in which his county is situated. conservative men, under the banner of the national Democratic party-a party faithful to the principles of the Federal Constitution, as maintained by the fathers of the Republic: be it therefore Resolved, That the Democratic party of South Carelina do unite with the national Democratic party of the country, and hold themselves ready, under the Constitution and the laws, to cooperate with that orpre-ganization in all principles, and in all measures, that may be regarded conducive to the interests of the whole country and of all classes of the people. 10. Violence, or threats of violence, or of discharge from employment, or other oppressive means to vent any person from registering or exercising his right of voting, is positively prohibited; and any such attempts will be reported by the registrars or judges of election, to the post commander, and will cause 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 1867, at or in the vicinity of any polling-places during the election herein ordered, will be regarded and treated as an additional offence. Resolved, That the people of this State, including all men prepared to act with the party, be earnestly invited to form Democratic clubs in every section of the State. The third resolution was in these words: Resolved, That the people of this State be urgently recommended to go to the polls and vote against the constitution of the Radical faction lately promulgated in Charleston, and to vote for good and true men f all offices within their gift. 11. All bar-rooms, saloons, and other places for the sale of liquors by retail, will be closed from six o'clock of the evening of the 13th of April until six o'clock of the morning of the 17th of April, 1868; and during this time the sale of all intoxicating lied in the following words: quors 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. After some debate an amendment was adopt 12. Military interference with elections, "unless it shall be 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, 1865, 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 are unable to preserve the peace. Nominating conventions of both parties were held, to place candidates before the people for the State offices. The Republican nominations were made by the Constitutional Convention, sitting as a nominating convention, and with one exception were taken from the members of that body. For the office of Governor they nominated General R. K. Scott, a native of Ohio, who had been for some time Assistant Commissioner of the Freedmen's Bureau in the State; for Lieutenant-Governor, Judge Lemuel Boozer; for State Treasurer, N. G. Parker, formerly from Massachusetts, who had served as an officer of colored troops in the war; for Comptroller-General, J. J. Neagle, from New York, originally, however, a North Carolinian; for Secretary of State, F. L. Cardoza, a colored man of intelligence and education; for Adjutant and Inspector-General, F. J. Moses; for Attorney-General, D. H. Chamberlain, a young man from Massachusetts, who had served in the Federal army. The Democratic Convention met at Columbia on the 3d of April. The attention of the delegates was given, soon after the opening of the convention, to a series of resolutions representing the views of the party. The following were adopted without debate: Whereas, In the opinion of this convention, the interests both of our State and our common country imperatively demand the union of all good, wise, and At the same time, in voting for officers under this constitution, we would put on record our protest against its validity. A fourth resolution was then offered, which read as follows: Resolved, That, under the action of the State of South Carolina, heretofore taken, we recognize the negroes of the State as an integral element of the body politic; and, as such, in person and property, entitled to a full-and equal protection under the Sure constitution and laws. And that, as citizens of South Carolina, we declare our willingness, when we have the power, to grant them, under proper qualifications as to property and intelligence, the right of sufraga. After some discussion, this was amended by substituting the words "colored population for "negroes," and in that form adopted. The nominations were: for Governor, Hon. W. D. Porter, of Charleston; for Lieutenant-Governor, Hon. T. C. Perrin, of Abbeville; for Seeretary of State, Ellison Capers; for Adjutant and Inspector-General, Colonel J. P. Thomas; for Treasurer, William Hood; for ComptrolerGeneral, S. L. Leaphart; for Attorney-General, I. W. Hayne; for Superintendent of Edacation, J. A. Leland. The commanding general having received information from different sections of the State, "and from members of both political parties that combinations have been formed, or are now being formed, to prevent delay or hinder the execution of the laws of the United States, or by force, intimidation, or threat, to prevent persons from accepting or executing the duties of any office or employment under the United States, at the election to be held under authority of the law of March 2, 1867,” issued an order on the 6th of April, warning all persons taking part in any such combinations that they were "amenable not only to the penalties prescribed under the authority of said laws, but for the violation of the act of Congress 'to de fine and punish certain conspiracies,' approvel July 31, 1861." It was also declared to be the duty of the civil and military authorities "to secure to every registered voter the free and full exercise of his right of suffrage, and this strance was submitted in the House of Representatives, and there it was laid on the table. The principal ground of opposition to the constitution, on the part of the Democratic party, is exhibited in the following passages from the "remonstrance: duty must be fully, faithfully, and impartially performed." Military commissioners were also appointed for each county with the powers of justices of the peace, and sheriffs, constables, police officers, and troops, if necessary, were placed at their command for the enforcement of the regulations laid down in regard to the Section two of article eight enfranchises every 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 taxes and make all appropriations. The propertywhile it is their duty not to regard threats or 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 in 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 their votes, not to linger about the polling places, but to return quietly to their homes and to their customary avocations." The election took place without serious disturbance, and resulted in the choice of the Republican candidates for the State offices. The vote on the constitution was as follows: Not voting. For. Against. Total. 2,955 740 550 707 We have thus suggested to your honorable body of this constitution. We waive all argument upon some of the prominent objections to your adoption the subject of its validity. It is a constitution de facto, and that is the ground upon which we approach your honorable body in the spirit of earnest remonadventurers, Southern renegades, and ignorant nestrance. That constitution was the work of Northern groes. Not one per cent. of the white population of the State approves it, and not two per cent. of the negroes who voted for its adoption understand what their act of voting implied. That constitution enfranchises every male negro over the age of twenty-one, and disfranchises many of the purest and best white men of the State. The negro being in a large numerical majority as compared with the whites, the effect is that the new constitution establishes in this State negro supremacy, with all its train of countless evils. A superior race-a portion, Senators and Representatives, of the same proud race to which it is your pride to belong-is put under the rule of an inferior race; the abject slaves of yesterday, the flushed freedmen of to-day. And think you that there can be any just, lasting reconstruction on this basis? The committee respectfully reply, in behalf of their white fellow-citizens, that this cannot be. 1,008 We do not mean to threaten resistance by arms. But the white people of our State will never quietly submit to negro rule. We may have to pass under the yoke you have authorized, but by moral agencies, by political organization, by every peaceful means left us, we will keep up this contest until we have regained the heritage of political control handed down to us by an honored ancestry. This is a duty we owe to the land that is ours, to the graves that it contains, and to the race of which you and we are alike members-the proud Caucasian race, whose sovereignty on earth God has ordained, and they themselves have illustrated on the most brilliant pages of the world's history. 1,955 1,266 824 738 1.174 Abbeville.. Anderson.. Barnwell. 5,718 3,357 Beaufort. 8,053 4,939 1,081 1,258 435 1,693 802 2,851 642 Oconee. 1,114 Orangeburg. Pickens 4,124 461 458 921 590 520 489 1,035 500 432 3,908 1,249 771 2,261 1,122 290 1,934 755 4,233 1,933 1,576 8,509 724 2,689 1,644 Total... 133,597 70,758 27,288 98,046 85,551 The constitution having been ratified, a copy of the instrument was forwarded to Congress for its approval. The Democratic Central Committee at once framed a remonstrance against it, which was prepared by the Hon. B. F. Perry, and sent three of their number to Washington, to urge it upon the attention of Congress. They argued their case before the Reconstruction Committee, and the remon After the passage of the act of Congress, of June 25th, popularly known as the "Omnibus Bill," the Governor-elect issued a proclamation for the assembling of the Legislature on the 6th of July. The new Governor was inaugurated on the 9th of July, and, in his inaugural address to the Assembly, declared his full confidence in the validity and wisdom of the Federal legislation which had been adopted in reconstructing the State. On taking leave of the office, which he had filled since November 1865, Governor Orr submitted a message to the Legislature, in accordance with an invitation which he had received, giving all the information in his possession respecting the condition and necessities of the State, and he also issued an address to the people of South Carolina, in which he reviewed the period of his own administration, and recommended a cheerful cooperation with the existing authorities, for the restoration of prosperity in the State. General Scott also transmitted a message to the Legislature, calling attention to the various measures required in the organization of the State Government, and recommending such acts as he deemed expedient, in carrying into effect the different provisions of the new constitution. One of his most earnest recommendations was, that a memorial be sent to Congress, praying for the removal of all political disabilities imposed upon citizens of the State. The "Fourteenth Amendment" was ratified by a vote of 108 to 10, and the reconstruction of the State was practically completed by the withdrawal by military order, on the 13th of July, of all the authorities created by the reconstruction acts, "except so far as necessary for the inauguration of the new State government, and to close up unfinished business." It was announced that the terms of office of all agents and appointees, instituted for the purpose of carrying into effect the authority of the military commander in the civil government of the State, would cease on the date of the proclamation of the President, announcing the ratification of the Fourteenth Amendment; and that the tenure of all appointees to civil office under authority, of the reconstruction laws should terminate when their successors, elected or appointed under the constitutional laws of the State, might be "duly qualified." Further orders were given for completion of business connected with the functions of district commander, and the final withdrawal of all such anomalous authority. The executive government of the reconstructed State of South Carolina consists of the following officers: Governor, R. K. Scott; Lieutenant-Governor, Lemuel Boozer; Adjutant and Inspector-General, Franklin J. Moses, Jr.; Secretary of State, Francis L. Cardoza; Comptroller-General, J. L. Neagle; Treasurer, Niles G. Parker; Attorney-General, D. H. Chamberlain; Superintendent of Education, Justus K. Jillson. The Senate consists of 33 members, nine of whom are negroes. Seven of the 24 white Senators are Democrats. Only 48 of the 124 members of the other House are white men, and of these but 14 are Democrats. The entire Legislature consists of 72 white and 85 colored members. One of the first duties of the newly-organized Legislature, and one in which great interest was taken, was the election of Senators to Congress. After considerable canvassing, the choice of the majority fell on Thomas J. Robertson, for the short term, ending in 1871, and Frederick A. Sawyer for the long term, which ends in 1873. Judges of the Supreme Cout were also chosen: F. J. Moses being selected for Chief Justice, and A. J. Willard and S.L Hoge for Associates. A resolution with regar to a memorial to Congress for the removal of disabilities was introduced, and referred to a committee, but not acted upon at this se sion. A bill "to protect all persons in the State in their civil rights, and furnish the means of their vindication," was introduced in the House of Representatives, which declared the civil equality of all citizens, and prohibited any discrimination on account of race or cor on the part of hotel-keepers, carriers of pa sengers, granters of licenses, etc. This b passed the House after long debate, and in the Senate was adopted with some important modfications, but the amendments were not concurred in by the House, and the whole messure failed. Many laws were passed during the session, the object of which was to effect a reorganization of the machinery of the State government The various courts provided for in the const tution were organized, and laws enacted to regulate their proceedings. Several enac ments were made relating to elections, but none of these were of peculiar interest. Abil to amend the charter of the city of Charleston, making provision for an immediate municipal election under regulations laid down in the act, was vetoed by the Governor, and an attempt to pass it over his veto was unsuccess ful. Among other measures relating to the administration of affairs in the State, wi homestead law and a law establishing a Staz police. Two laws were authorized, one to provide for certain floating obligations of the State, known as "bills receivable," and the other to provide for the payment of interes on the State debt. The Legislature adjourned on the 25th of September. The declared principles on which the Demo cratic party was organized, at the conventic of April, did not give satisfaction to the entre body of Conservatives in the State. The po chiefly objected to was the concession made in favor of qualified negro suffrage. In repr a letter of Judge Aldrich, condemning the s tion of the convention, a member of the Des cratic Central Executive Committee gave the following as the "views and principles of the Democratic party of South Carolinia, as organized under the auspices of the April convention: " 1. We maintain, "with President Johnsen and the whole Democratic party North," that the where construction programme, enacted and to be ended under the Military Bill of Congress, is uno astational, illegal, and properly null and void. 2. We therefore repudiate the admissions madeby tutional Convention, wherein he acknowledged the Governor Orr, in his address to the so-called Conse legality of that body. 8. We maintain that to the States belongs the question of negro suffrage. And further, believing an affirmative declaration on this subject expedient and essential to party vitality, and a move in the direction of justice and fair dealing, we deem it becoming and right now to say what, in our sovereignty, we would be willing to concede to the colored element. And further, the negro element in our midst, being a large one, we deem it statesmanship not to ignore it. 4. We appreciate, as fully as any, the dignity and claims of the white race, and contend that their political control of this State, and the country at large, is a right which must never be given up. This must be, and shall be par excellence, a white man's gov ernment. 5. But, at the same time, confident and strong in E the knowledge of the white man's power, influence, and resolve, we hold it magnanimous, just, and right, to give the colored man a fair showing, and to set a premium upon industry, intelligence, and worth, whenever these elements are found in him. We would extend no consideration to the black man's Radical advisers from the North, nor to his renegade adherents South; but, as respects the great mass of colored people themselves, in consideration of their own inexperience, and the influences to which they have been subjected, we are disposed to indulge them yet longer. Another convention was held on the 9th of June for the purpose of sending delegates to the National Convention at New York, and a committee was appointed to confer with the Executive Committee of the former convention. A harmonious meeting was held, which resulted in the proposition that the present convention appoint an Executive Committee of its own, and that the two be united at an early day. This was unanimously agreed to, and the only platform adopted was embraced in the following resolutions, which constituted a supplemental report of the commit tee of conference: Resolved, That the Democratic party of this State duly appreciates and accepts the invitation from the Executive Committee of the Democratic party of the United States, to send delegates to the general convention to be held in New York, on the 4th day of July next, to nominate candidates for the presidency and vice-presidency of the United States; but, inasmuch as the military despotism under which South Carolina labors will render it impossible for the white race to cast the vote of the State, at the next presidential election, it is recommended to the delegates appointed from this State to ask the counsel of their brethren from other States as to the propriety of their voting in the convention, and to govern themselves accordingly. Resolved, That having entire confidence in the principles and patriotism of the Democratic party, and believing and trusting to their assurances that they will, if triumphant, restore and maintain at the South, as they have done in the North, in the East, and in the West, the supremacy and government of the white race-a white man's government-leaving to the States themselves to regulate their suffrage laws; and, also, that they will expunge the usurpations and the fraudulent governments created by the military power, under what are called the reconstruction laws, and thereby restore to the Union the Southern States, such as they were before the enactment of said laws-we hereby pledge ourselves to the support of the candidates of that party for President and Vice-President of the United States, to be nominated at the coming convention in the city of New York, the 4th day of July next. Still another Democratic Convention was held on the 6th and 7th of August, at Columbia, for the purpose of nominating presidential electors. Speeches were made by General Wade Hampton and other prominent Conservatives, and resolutions were adopted declaring: 1. We adopt the declaration of principles of the national Democratic party, and indorse the nominations of Seymour and Blair. 2. While entering a protest against the reconstruction acts, we rely confidently on constitutional agencies and peaceful instrumentalities to bring us the peace we seek and the reforms we need. 3. We invite all to unite with the Democracy in the effort to save free institutions and secure a genuine restoration to the Union, and put the republic on a career of honor, peace, and prosperity. 4. That President Johnson, for resisting the aggression of Congress, is entitled to the gratitude of the people. 5. Our acknowledgments are due to the citizens, soldiers, and sailors of the North who, amid the storm of Radical passions, have raised their voice in behalf of an insulted and outraged section. 6. The State Central Committee is authorized to fill vacancies resulting from the death or resignation of presidential electors; also, to take such steps as may be necessary to insure a Democratic success. An address was soon after issued by the Executive Committee of the party to the colored citizens of the State, in which they attempted to show that the Southern Democrats are the real friends of the colored men, and reproach the latter for numerous disorders which they were led into by political excitement. The negroes made a reply to this address, in which they assume to prove, from the past record of the Democratic party, that it had not shown itself a friend to the colored man, and deny that they have any disposition to excite disorders, or indulge in violence. During the heat of the campaign some disturbances occurred, and, on the 31st of August, Governor Scott issued a proclamation, in which he stated that information had reached him of armed and disciplined organizations, formed for political purposes, in the interest, as he intimated, of the Democratic party. This was, however, denied by the Democratic Committee, who further declared that "in the future, as heretofore, this party proposes to be a party of peace, of law, and order, and confidently relies upon peaceful instrumentality, and the ballot, to accomplish political reform, which the interests of the State and country demand." The negroes were also accused of arming and drilling companies, and threatening danger to the whites, but no serious outbreak occurred. One result of these excitements, however, was the enactment of a law by the Legislature "for the suppression of insurrection and rebellion." This gave the Governor authority to call out the militia for this purpose, and to seize and control railroads and telegraphs, as a part of the military establishment. Several assassinations occurred during the fall, prompted, as is supposed, by political motives, the most notable of which were those |