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the ditch prepared for it. Once in the line of and took part in the battle of Stone River, Deposition, the ends were to be opened, and the cember 31, 1862, where he was severely woundsiphon sunk to its proper place in the bed of ed, and received a brevet of lieutenant-colonel the stream. The two tubes were firmly joined in the Regular Army for his gallant conduct
. at the ends with plate-iron couplings, or col. He was disabled by his wound from further lars, moved to the surface line over the ditch active service during the war, but performed referred to, and loaded down with pig-iron to some garrison, and other duties. On the 8 sink them. But scarcely had they been sub- of February, 1864, he was promoted to be lieumerged to the depth of one-half their diam- tenant-colonel of the 4th Infantry, and in March, eter, when the water checked in its current, 1865, was brevetted colonel and brigadier-genand, seeking an outlet, boiled up over the upper eral for his meritorious services. After being tubé, fell into the interval between the two, and mustered out of the volunteer service in Asthen leaped up again over the lower tube, there- gust, 1865, he was employed in garrison duty by causing a formidable oscillation and rolling at Fort Schuyler and Sackett's Harbor, N. Y, movement, which shook off a great part of the till October 1, 1865; was on Board of Examiiron by which the siphon was being sunk. nation of Cadetship for promotion in the Army This iron was raised and the ditch cleaned out for over a year, and then was assigned to the by divers, and meanwhile additional precautions command of the post of Fort Laramie, D. T., were taken to make the next attempt a success, where he died of disease of the heart. by constructing a double stockade of piles on SMITH, SEBA, an American journalist and the upper side of the siphon, in the manner of author, born at Buckfield, Me., September 14, those on its lower side, to the end that the 1792; died at “The Willows," Patchogue, LI, siphon, sustained and held in a horizontal po- July 29, 1868. He graduated at Bowdoin Col. sition, might more effectually resist the force lege, Maine, in 1818, and subsequently settled of the current. The siphon was again loaded in Portland, Me., as a writer for the periodical with iron, guys were attached to control and press. While there he wrote the popular se regalate its descent, and, at its second trial, it ries of humorous political letters under the was submerged, without accident or obstruc- pseudonyme of "Major Jack Downing," first tion, to the entire length of the stockades, published collectively in 1833, and which afte: which to a certain extent served the purpose ward passed through several editions. In of slides or runways. Water-gauges placed on 1842 he removed to New York, in which city, different parts of the double tube, and indica- or in its neighborhood, he continued to reside ting by their scales the depth attained, marked, until his death. His remaining publications as they sunk, the progress of the immersion. comprise “Powhatan,” metrical romance When the index showed the proper depth, the (1841); “New Elements of Geometry" (1850), siphon had reached its bed; and thenceforth an ingenious but paradoxical attempt to over it has received the sewage which it is destined turn the common definitions of geometry, in to bear from bank to bank, and nothing betrays which he maintained the position that the three where it lies in the bed of the Seine.
dimensions of space – length, breadth, and SLEMMER, Brevet Brigadier-General Adam thickness — were predicated upon lines, surJ., Lieutenant-Colonel 4th Infantry, an Amer- faces, and solids--the book excited little atican army officer conspicuous for his gallantry tention, and has long been out of print; and and meritorious conduct, born in Montgom- “Way Down East, or Portraitures of Yankee ery County, Pa., about 1828; died at Fort Life" (1855). Mr. Smith was the husband of Laramie, Dakota Territory, where he was com- Mrs. Elizabeth Oakes-Smith, whose miscellanemander, October 7, 1868. He entered West ous writings are familiar to numerous readers. Point in September, 1846, and graduated July, His last illness was protracted and painful. 1850, twelfth in his class. He was assigned a SOMMERS, Rev. CHARLES G., D.D., a Bapposition in the 1st Artillery, and, after a short tist clergyman and author, born in London in campaign against the Seminole Indians in Flor- 1793 ; died in New York, December 19, 1868. ida, was four years on frontier service in Cali- In 1802 he emigrated with his parents to the fornia. In 1855, after a short period of garri- United States, and was in 1811 employed by son duty at Fort Moultrie, Charleston harbor, John Jacob Astor as his confidential clerk and he was appointed assistant professor at West travelling agent. He made long journeys to Point, where he remained four years, and then Canada and elsewhere in his employer's interest, returned to garrison duty at Fort Moultrie and and while engaged on one of these met with Barrancas Barracks, Fla., till January 10, 1861, 'such a change in his religious views that he when he was transferred to Fort Pickens, decided upon entering the Christian ministry. which he gallantly held till May 9, 1861, He accordingly stated to Mr. Astor his purpose against the attempts to besiege it. He was pro- and his reasons for it, and his employer parted moted to be major of 16th Infantry May 14, with him kindly though reluctantly, He com1861, and served in Virginia and the Western pleted his studies and began his labors as 3 Department, being engaged under General preacher at the Old Almshouse in the Park, Buell in his march from Corinth to Louisville, where he was very useful. From thence he and back to Nashville. He was made briga- was called to the pastorate of the First Baptist dier-general of volunteers, November 29, 1862, Church in Troy, and after several years recalled to New York to the pastorate of the trusted to them respectively, some measures South Baptist Church there (1823), worship- of general legislation were adopted. The exping in Nassau Street near Fulton. He re- penses of the body were provided for by an mained their pastor till 1856, when he retired ordinance to raise a special tax for that purto private life. For twenty-three years he was pose, which was carried into effect by an the recording secretary of the Executive Com- order of the military commander. One of the mittee of the American Tract Society. He was subjects demanding the most serious attention also an officer of the American Bible Society, of the convention was that of relieving the and subsequently of the American and Foreign people from their numerous pecuniary embarBible Society, one of the founders of the rassments, by some enactment having the force American Baptist Home Mission Society, and a of law. Among the poorer classes, especially director almost from the first of the Home for the freedmen, a degree of want existed amountAged and Indigent Females. He published ing almost to destitution, but this was relieved several tracts of the American Tract Society, & in some measure by the United States Governnumber of sermons and occasional addresses, ment through the agency of the Freedmen's and a few small denominational books; he was Bureau. Advances were also made to planters, also one of the editors of The Baptist Library. to a moderate extent, from the same source, Madison University conferred the degree of which became a lien upon their property, by D. D. upon him in 1852.
order of the military commander, to secure reSOUTH CAROLINA. The convention, payment. It was also proposed to make apcalled by order of General Canby, "to frame à peals directly to Congress for loans or donaconstitution and civil government” for the tions, to relieve the people from pressing State of South Carolina, under the provisions wants, but none of the propositions of this of the reconstruction acts of Congress, assem- kind prevailed. bled in the city of Charleston on the 14th of By far the most important measures of reJanuary, and organized by the election of Dr. lief ordained by the convention was a stay A. G. Mackey, as permanent president. The law," which was matured by long deliberation convention finished its work in fifty-three days, and finally adopted on the last day of the sesand adjourned on the 17th of March.
sion, and afterward carried into effect by As soon as the work of organizing the con- military order.
While this ordinance was vention was completed, Governor Orr was pending in the convention, a temporary stay of invited to address the delegates. This he did in sales on execution for a period of three months an earnest speech, in which he expressed his re- was effected by an order of the district comgret that the white citizens who were entitled to mander issued in response to a request of the vote under the reconstruction acts had very gen- convention. The stay law, as finally passed, erally abstained from exercising the privilege, continued all civil actions pending in the Suand that, as a consequence, the “intelligence, perior Courts, to the spring term of 1869, and refinement, and wealth of the State," were not provided that execution on all judgments then represented in the convention. He therefore rendered should be for only one-tenth of the all the more earnestly recommended wise and amount due; further execution for one-fifth to moderate action on the part of the delegates, be issued in 1870, for one-half the residue in and suggested some of the features which he con- 1871, and for the balance in 1872. Such prosidered most essential in the new constitution. visions were made as were necessary to render Above all, he urged the removal of all political this ordinance effectual, and its operation was disabilities from the white citizens, but advised limited to debts and demands contracted prior an educational or property qualification, appli- to May, 1865. Another ordinance was passed cable to blacks and whites alike. In regard to declaring null and void all contracts the cona time-honored doctrine in the South, he said: sideration of which was the purchase of slaves, “The doctrine of State rights, as taught in and prohibiting all proceedings for their enSouth Carolina, has been exploded by the war. forcement. The allegiance of the citizen, according to the During the deliberations of the convention, results of that controversy, is due to the Gov- the following resolutions, which exhibit the ernment of the United States, and not to the views of a portion of the members, were subState. I recognize this doctrine to the fullest mitted, and referred to the Committee on the extent, and, in my inaugural message as Gov- Executive : ernor of the State, I announced my judgment
Whereas, a large majority of the people heretofore that hereafter the supremacy of the United constituting the government of the State of South States Government over the State was undis- Carolina have, by unjustifiable rebellion, forfeited puted and indisputable. I am aware that their political rights, and are hostile to every act of many of my contemporaries deny the propo- Union, claiming, as they do, every political right
Congress for the reconstruction of the State to the sition, but, if I can properly comprehend the under the Constitution, which properly defines their legitimate sequences of war, no other result late acts as treason and authorizes even the penalty presents itself to my mind."
of death for crimes thus committed, instead of equal During the first weeks of the session, while rights with those who love the Government which
they so madly attempted to destroy, and the various committees were occupied in pre- Whereas, the officers of the present provisional paring the portions of the constitution in- government of the State, from the highest to the lowest, have generally exercised their influence and sary for an election to or the holding of any office, used the emoluments of their offices in a manner and no office shall be created, the appointment tó highly prejudicial to the claims of loyal citizens, and which shall be for a longer time than good behavior. in opposition to the laws of Congress, looking to a After the adoption of this constitution, any person speedy reconstruction, the only competent authority who shall fight a duel, or send or accept a challenge we recognize, and are now marshalling their forces to for that purpose, or be an aider, or abettor in fighting defeat any constitution, however faultless it may be, a duel, shall be deprived of holding, any office of that this convention may frame as the fundamental honor or trust in this state, and shall be otherwise law of the State : therefore, be it
punished as the law shall prescribe. Resolved, That we, the representatives of the loyal SEC. 39. No title of nobility or hereditary emolapeople, having accepted in good faith the terms of- ment shall ever be granted in this State. Distinafered by Congress for the restoration of the State to tion on account of race or color, in any case whather proper relations in the Union, demand for our- ever, shall be prohibited, and all classes of citizens selves and our constituents, under the law and the shall enjoy, equally all common, public, legal, and constitution, present and prospective, every right political privileges. which these embittered and incorrigible enemies to the Government claim as exclusively their own. The House of Representatives is to be com
Resolved, That the continued efforts of the present posed of 124 members, apportioned among the disloyal officers of the provisional government of the counties according to population, who shall looking to a speedy reinstatement to place in the hold office two years. There is to be one Federal positions so lately and contemptuously desert- Senator for each county elected for a term of ed by many of them, and their systematic efforts to four years. The regular State elections are to escape the just penalties of violated faith, while their be held on the third Wednesday in October of licanism remain, are substantial and positive proofs every second year, beginning with 1869, and that the safety of the Government and the welfare the sessions of the General Assembly are to of the people demand their removal.
be held annually on the 4th Monday of NoThe following were referred to the Commit- vember. Ministers of the Gospel are made tee on Miscellaneous Provisions :
ineligible to seats in the Legislature, and to
the office of Governor or Lieutenant-Governor. Whereas, the prosperity of States, like that of All members of the Assembly, and all officers, its members, and the precepts of truth
and religion before entering upon their duties, and all memteach us to 'do unto others as we would they should bers of the bar, before commencing the pracdo unto us ;
tice of their profession, are required to take And whereas, our newly-enfranchised citizens
have and subscribe the following oath: displayed their good sense and strong love of country, by a cordial and unassuming coöperation with
“I do solemnly swear (or affirm, as the case the rest of their fellow-citizens, in promoting the true may be) that I am duly qualified according to interests of our beloved State and glorious Republic, the Constitution of the United States, and of be it
this State, to exercise the duties of the office Resolved, That this convention take such action as it may in its wisdom deem compatible with its powers,
to which I have been elected (or appointed), and conducive to the public weal, to expunge forever and that I will faithfully discharge, to the best from the vocabulary of South Carolina the epithets of my abilities, the duties thereof; and that I negro," nigger,"
” and “Yankee,” as used in an recognize the supremacy of the Constitution opprobrious sense. That the exigencies and im- and laws of the United States over the constiproved civilization of the times demand that this convention, or the legislative body created by it, tution and laws of any'State; and that I will enact such laws as will make it a penal offence to use support, protect, and defend the Constitution the above epithets, in the manner described, against of the United States, and the constitution of any American citizens of this state, and to punish South Carolina, as ratified by the people on tho insult by fine or imprisonment.
So help me God.” The first article of the constitution embraces The Governor and Lieutenant-Governor are only the Declaration of Rights, which consists to be chosen for a term of two years, and are of forty-one sections. Besides the provisions invested with the functions usual to officers of ordinarily contained in documents of the kind, the same grade in other States. Among the the following may be selected as somewhat disqualifications for these positions, is å de peculiar:
nial of the “existence of a Supreme Being." SECTION 2. Slavery shall never exist in this State; A Comptroller-General, Treasurer, and Secreneither shall involuntary servitude, except as a pun- tary of State are to be chosen, to hold office ishment for crime, whereof the party shall have been for a term of four years. duly convicted. Szo. 5. This State shall ever remain a member
The judicial power of the State is vested in of the American Union, and all attempts, from what
a Supreme Court; in two Circuit Courts, viz., ever source, or upon whatever pretext, to dissolve a Court of Common Pleas having civil juris. the said Union shall be resisted with the whole diction, and a Court of General Sessions with power of the State.
SEO. 12. No person shall be disqualified as a wit- criminal jurisdiction only; in Probate Courts, ness, or be prevented from acquiring, holding, and and justices of the peace. The General Astransmitting property, or be hindered in acquiring sembly may also establish such municipal and education, or be liable to any other punishment for other inferior courts as may be deemed neces any offence, or be subjected in law to any other restraints or disqualifications in regard to any personal chief justice, and two associate justices, chosen
sary. The Supreme Court is to consist of a rights than such as are laid upon others under like by a joint vote of the General Assembly for : circumstances. Sec. 32. No property qualification shall be neces- term of six years. The Circuit Judges are to be chosen in the same manner, and hold office mentally disabled, for a term equivalent 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 ter 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 proper ty; 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, Resolved, That the thanks of the convention are pleadings, and forms of the courts now in use
due to Brevet Major-General E. R. S. Canby, comin 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
Resotved, 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 reside 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 Constitution of the United States, until such dis- tution should be submitted "for ratification to
on the 9th of March providing that the constiqualification 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 herein before 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 "exeept 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 Oom- 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 eleoyear. Compulsory attendance, at either pub- there shall be no interference with judges of eleclic or private schools, of all children between tions, or other interruption of good order. If there the 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 of 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 orfrom employment, or other oppressive means to pre- ganization in all principles, and in all measures, that 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 earnestly cause the arrest and trial of the offenders by military invited to form Democratic clubs in every section of 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 urgently treated as an additional offence.
to go to the polls and vote against the 11. All bar-rooms, saloons, and other places for constitution of the Radical faction lately promulgated the
sale of liquors by retail, will be closed from six in Charleston, and to vote for good and true men for 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; and during this time the sale of all intoxicating, li- ed in the following words:
After some debate an amendment was adoptquors at or near any polling-place is prohibited. The police officers of cities and towns, and the sheriffs 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 protest sponsible for the strict enforcement of this prohibi- against its validity. tion, and will promptly arrest and hold for trial all A fourth resolution was then offered, which persons who may transgress it. 12. Military interference with elections," unless it
read as follows: 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 full and equal protection under the State are qualified and are registered as voters, and then constitution and laws. And that, as citizens of South only for the purpose of voting; but the commanders Carolina, we declare our willingness, when we have of posts will keep their troops well in hand on the the power, to grant them, under proper qualifications days of election, and
will be prepared to act promptly as to property and intelligence, the right of suffrage. if the civil authorities are unable to preserve the After some discussion, this was amended by pence.
substituting the words “colored population" Nominating conventions of both parties were for “negroes," and in that form adopted. The 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-Governwere made by the Constitutional Convention, or, Hon. T. O. Perrin, of Abbeville; for Secsitting as a nominating convention, and with retary of State, Ellison Capers; for Adjutant 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 Comptrollernominated General R. K. Scott, a native of General, S. L. Leaphart; for Attorney-GenOhio, who had been for some time Assistant eral, I. W. Hayne; for Superintendent of EduCommissioner 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 are 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 States 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 duties 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 author berlain, a young man from Massachusetts, who ity of the law of March 2, 1867,” issued an 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 del- were amenable not only to the penalties preegates was given, soon after the opening of the scribed under the authority of said laws, bat 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,' approved 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 ** 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