lowest, have generally exercised their influence and used the emoluments of their offices in a manner highly prejudicial to the claims of loyal citizens, and in opposition to the laws of Congress, looking to a speedy reconstruction, the only competent authority we recognize, and are now marshalling their forces to defeat any constitution, however faultless it may be, that this convention may frame as the fundamental law of the State: therefore, be it

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

Resolved, That the continued efforts of the present disloyal officers of the provisional government of the State, to continue themselves in power as such, while looking to a speedy reinstatement to place in the Federal positions so lately and contemptuously deserted by many of them, and their systematic efforts to escape the just penalties of violated faith, while their active hostility to the essential principles of republicanism remain, are substantial and positive proofs that the safety of the Government and the welfare of the people demand their removal.

The following were referred to the Committee on Miscellaneous Provisions:

Whereas, the prosperity of States, like that of families, depends upon the harmony existing among its members, and the precepts of truth and religion teach us to do unto others as we would they should do unto us;

And whereas, our newly-enfranchised citizens have displayed their good sense and strong love of country, by a cordial and unassuming cooperation with the rest of their fellow-citizens, in promoting the true interests of our beloved State and glorious Republic,

be it

Resolved, That this convention take such action as it may in its wisdom deem compatible with its powers, and conducive to the public weal, to expunge forever from the vocabulary of South Carolina the epithets 66 negro," ""nigger," and "Yankee," as used in an opprobrious sense. That the exigencies and improved civilization of the times demand that this convention, or the legislative body created by it, enact such laws as will make it a penal offence to use the above epithets, in the manner described, against any American citizens of this State, and to punish the insult by fine or imprisonment.

The first article of the constitution embraces only the Declaration of Rights, which consists of forty-one sections. Besides the provisions ordinarily contained in documents of the kind, the following may be selected as somewhat peculiar :

SECTION 2. Slavery shall never exist in this State; neither shall involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.

SEO. 5. This State shall ever remain a member of the American Union, and all attempts, from whatever source, or upon whatever pretext, to dissolve the said Union shall be resisted with the whole power of the State.

SEO. 12. No person shall be disqualified as a witness, or be prevented from acquiring, holding, and transmitting property, or be hindered in acquiring education, or be liable to any other punishment for any offence, or be subjected in law to any other restraints or disqualifications in regard to any personal rights than such as are laid upon others under like

circumstances.

SEC. 32. No property qualification shall be neces

sary for an election to or the holding of any office, and no office shall be created, the appointment to which shall be for a longer time than good behavior. After the adoption of this constitution, any person who shall fight a duel, or send or accept a challenge for that purpose, or be an aider, or abettor in fighting a duel, shall be deprived of holding any office of honor or trust in this State, and shall be otherwise punished as the law shall prescribe.

SEC. 39. No title of nobility or hereditary emolument shall ever be granted in this State. Distinetion on account of race or color, in any case whatever, shall be prohibited, and all classes of citizens shall enjoy equally all common, public, legal, and political privileges.

The House of Representatives is to be composed of 124 members, apportioned among the counties according to population, who shall hold office two years. There is to be one Senator for each county elected for a term of four years. The regular State elections are to be held on the third Wednesday in October of every second year, beginning with 1869, and the sessions of the General Assembly are to be held annually on the 4th Monday of November. Ministers of the Gospel are made ineligible to seats in the Legislature, and to the office of Governor or Lieutenant-Governor. All members of the Assembly, and all officers, before entering upon their duties, and all members of the bar, before commencing the prac tice of their profession, are required to take and subscribe the following oath:

"I do solemnly swear (or affirm, as the case may be) that I am duly qualified according to the Constitution of the United States, and of this State, to exercise the duties of the office to which I have been elected (or appointed), and that I will faithfully discharge, to the best of my abilities, the duties thereof; and that I recognize the supremacy of the Constitution and laws of the United States over the constitution and laws of any State; and that I will support, protect, and defend the Constitution of the United States, and the constitution of South Carolina, as ratified by the people on

So help me God."

The Governor and Lieutenant-Governor are to be chosen for a term of two years, and are invested with the functions usual to officers of the same grade in other States. Among the disqualifications for these positions, is a denial of the "existence of a Supreme Being." A Comptroller-General, Treasurer, and Secre tary of State are to be chosen, to hold office for a term of four years.

The judicial power of the State is vested in a Supreme Court; in two Circuit Courts, viz, a Court of Common Pleas having civil jurisdiction, and a Court of General Sessions with criminal jurisdiction only; in Probate Courts, and justices of the peace. The General As sembly may also establish such municipal and other inferior courts as may be deemed neces chief justice, and two associate justices, chosen sary. The Supreme Court is to consist of a by a joint vote of the General Assembly for a term of six years. The Circuit Judges are to

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 son 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."

per

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 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 "exeept for treason, murder, robbery, or duelling, whereof the persons shall have been duly tried and convicted."

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 the ages of six and sixteen, not physically or

แ

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, com

Resolved, That the thanks of the convention are

manding 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 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.

10. Violence, or threats of violence, or of discharge from employment, or other oppressive means to prevent 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.

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 li 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.

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

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 Carolina do unite with the national Democratic party of the country, and hold themselves ready, under the Constitution and the laws, to cooperate with that organization 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.

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 for all offices within their gift.

After some debate an amendment was adopted in the following words:

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 State 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 suffrage.

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 Secretary of State, Ellison Capers; for Adjutant and Inspector-General, Colonel J. P. Thomas; for Treasurer, William Hood; for ComptrollerGeneral, S. L. Leaphart; for Attorney-General, I. W. Hayne; for Superintendent of Education, 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,' approved 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

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 election under the reconstruction laws. Some of the complaints had reference to the conduct of colored citizens, and to these the commanding general considered it "proper to say that the elective franchise conferred upon them by law carries with it no authority to restrict others in the free exercise of that right; and that while it is their duty not to regard threats or intimidation as to themselves, any combinations, to prevent by force, intimidation, or threats, the same free exercise of this right by others will be unlawful, and will subject the offenders to the penalties prescribed by law and by military orders. They are counselled to exercise the right of voting in a quiet and orderly manner, 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:

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: "

Section two of article eight enfranchises every male negro over the age of twenty-one, whether a convict, felon, or a pauper, and disfranchises every Intelligence, virtue, and patriotism are to give place, white man who has held office in South Carolina. in all elections, to ignorance, stupidity, and vice. The superior race is to be made subservient to the inferior. Taxation and representation are no longer to be united. They who own no property are to levy taxes and make all appropriations. The propertyholders have to pay these taxes, without having any voice in levying them! The consequences will be, in effect, confiscation. The appropriations to support free schools for the education of negro children, for the support of old negroes in the poor-houses, with a standing army of negro soldiers, will be crushand the vicious in jails and penitentiary, together ing and utterly ruinous to the State. Every man's property will have to be sold to pay his taxes.

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. We do not mean to threaten résistance 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.

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 Court were also chosen: F. J. Moses being selected for Chief Justice, and A. J. Willard and S. L. Hoge for Associates. A resolution with regard to a memorial to Congress for the removal of disabilities was introduced, and referred to a committee, but not acted upon at this session. 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 color on the part of hotel-keepers, carriers of passengers, granters of licenses, etc. This bill passed the House after long debate, and in the Senate was adopted with some important modifications, but the amendments were not concurred in by the House, and the whole measure 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 constitution were organized, and laws enacted to regulate their proceedings. Several enactments were made relating to elections, but none of these were of peculiar interest. A bill 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 unsuccessful. Among other measures relating to the administration of affairs in the State, was a homestead law and a law establishing a State 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 interest on the State debt. The Legislature adjourned on the 25th of September.

The declared principles on which the Democratic party was organized, at the convention of April, did not give satisfaction to the entire body of Conservatives in the State. The point chiefly objected to was the concession made in favor of qualified negro suffrage. In reply to a letter of Judge Aldrich, condemning the action of the convention, a member of the Democratic Central Executive Committee gave the following as the "views and principles of the Democratic party of South Carolinia, as now organized under the auspices of the April convention:

1. We maintain, "with President Johnson and the whole Democratic party North," that the whole reconstruction programme, enacted and to be enacted under the Military Bill of Congress, is unconstitutional, illegal, and properly null and void.

2. We therefore repudiate the admissions made by Governor Orr, in his address to the so-called Constitutional Convention, wherein he acknowledged the legality of that body.