OCR Interpretation


The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, March 31, 1870, Image 1

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An Independent Family Journal?Devoted to Politics, Literature and General Intelligence.
HOYT & CO., Proprietors.
ACTS
Passed by the Legislature of South Carolina.
An Act to Establish and Maintain a System
of Free Common Schools for the State of
South Carolina.
Section 1. Be it enacted by the Senate'and
Home of Representatives of the State of South
Carolnai, now met and sitting in General Assem?
bly, and by the authority of the same :
state board of education.
That the State Board of Education shall con?
sist of the several County School Commission?
ers and the State Superintendent of Education,
Who shall be ex officio Chairman of the Board,
and who shall be entitled to vote on all ques?
tions submitted to the Board. The Board
may elect one of its members as Secretary.
Sec. 2. That the State Board of Education
shall hold its first meeting at the Capital -of the
State on the second Wednesday after the ap
Sroval of this Act, and shall thereafter meet on
le first Wednesday in October of every year
at the Capital of the State, and at such times
and places as the State Superintendent of Ed?
ucation shall direct. The members of the
Board shall be entitled to "receive a mileage at
the rate of twenty (20) cents per mile, going to
and returning from the meetings of the Board
aforesaid, to be paid by the State Treasurer on
presentation of a certificate signed by the Chair?
man and Secretary of the Board.
Sec. 3. That, for the purpose of procuring an
uniform system of text-books, to be usee in the
common and public schools throughout the
State, there shall be a Commission of fve ap?
pointed, to consist of His Excellency the Gov?
ernor, who shall be ex officio Chairman; the
Chairmen of the Committee on Education of |
the Senate and House of Representatives; and,
for the purpose of selecting the other two mem?
bers, the Senate shall, by a majority of votes,
appoint one, and the House of Representatives
shall, in like manner, select the other: Provi?
ded, Tnat the Commission, having decided
upon a list of text-books, such list shall not be
subject to amendment or change until the first
of January, 1878, unless the authority be gran?
ted to the Commission, by Act of the General
Assembly, to amend or change the list afore?
said : And provided, further, That the Commis?
sion shall decide upon a list of text-books to be
used in the common and public schools through?
out the State, and shall furnish the same to the
Board of Education at its first session. The
meetings of the State Board of Education shall
be held for the purpose of considering such
matters as may be deemed necessary, and of
taking such action as may advance the cause of
common school education in this State.
Sec. 4. Books shall be furnished to the pu?
pils in the public and common schools of this
State at ten per cent, above their cost to the
State; and, in all cases where the paren ts neg?
lect or refuse to furnish their children, attend?
ing such schools, with suitable books, the Trus?
tees of the several school districts are hereby
authorized to furnish the same gratuitously to
such pupils as they may be satisfied are unable
to pay for them; but in all other cases they
shall furnish books to the pupils who have
failed to purchase books, and certify the cost of |
the same, with the name of the person against
whom they are charged, to the Assessor within
whose district such school district may t>e situ?
ated at the time when the annual assessment of I
property is made; and it shall be the duty of |
said Assessor to return the amount, ho cer?
tified to the Auditor of his county, whose
duty it shall be to place the same upon
the county duplicate, and cause it to be
collected at the same time and in the same
manner that State and county taxes are collec?
ted.
Sec. 5. That the State Board of Education
shall take and hold in trust, for the Stace, any
grant or devise of lands, and any gift or be?
quest of money, or other personal property,
made 1? it for educational purposes, anc. shall
pay into the State Treasury, for safe keeping
and investment, all monevs and incomes from
property so received. The State Treasurer
shall, from time to time, invest all such money
in the name of the State, and shall pay to the
State Board of Education, on the warrant of the
Governor, the income or principal thereof, as it
shall, from time to time, require: Provided,
That no disposition shall be made of any grant,
devise, gift or bequest inconsistent with the
conditions or terms thereof. For the faithful
management of all property so received by the
State Treasurer, he shall be responsible upon
his bond to the State, as for other funds re?
ceived by him in his official capacity: Provi?
ded, however, That the Trustees of any School
District of this State may take and hold in trust,
for their particular School District, any grant
or devise of lands, and any gift or bequest of I
money, and apply the same in the interest of |
the schools of their District, in such manner as
in their judgment seems most conducive to the
welfare of the schools, when not otherwise di?
rected by the terms of the said grant, or devise,
S"ft or bequest: And provided, further, That
fore said Trustee shall assume control of any
such grant, devise or bequest, they shall give a
bond, to be approved of by the School Commis?
sioner of the county in which such grant, de?
vise or bequest is made, said bond to be deposi?
ted with Clerk of the Court of said county.
state superintendent of education.
Sec. 6. That the present State Superinten?
dent of Education 6nall continue in office until
the election and qualification of his successor.
At the general election in 1872, and every four
years thereafter, a State Superintendent of Ed?
ucation shall be elected in the same manner as
other State officers, who shall enter upon the
duties of his office on the first day of January
succeeding his election.
Sec. 7. That he shall, before entering upon
the duties of his office, give bond, for the use
of the State of South Carolina, in the penal
sum of five thousand (5,000) dollars, with good
and sufficient sureties, to be approved by the
Governor, conditioned for the faithful and im?
partial performance of the duties of his office;
and he shall, aL?o, at the time of giving bond,
take and subscribe the oath prescribed in Sec?
tion 30 of Article It of the Constitution of the
State, which oath shall be endorsed upon the
back of said bond, and the bond 6hall be filed
with, and preserved by, the Secretary of State.
Sec. 8. That the State Superintendent of Ed?
ucation shall receive as compensation for his
services, the sum of two thousand five hundred
(2,500) dollars per annum, together with Mb
actual cost of transportation when traveling on
public businesa.
Sec. 9. That he shall have general super?
vision over all the common and public schools
of the State, and it shall be his duty, as far as
practicable, to visit every County in the State,
for the purpose of inspecting the schools, awa?
kening an interest favorable to the cause of ed?
ucation, and diffusing as widely as possible, by
public addresses and personal communication
with school officers, teachers and parentR, a
knowledge of existing defects, and of demrable ,
improvements in the government and instmc-;
tion of the schools.
Sec. 10. That he shall secure uniformity in
the use of text books throughout the common
and public schools of the State, and shall for?
bid tie use of sectarian or partisan books and
instruction in the schools.
Sec. 11. That he shall prepare and transmit
the several county School Commissioners, school
registers, blank certificates, reports, and such
other suitable blanks, forms and printed in?
structions as may be ne cessary to aid school
officers and teachers in making their reports
and carrying into full eiFect the various provis?
ions of the school laws of this State; and shall
cause the laws relating to common schools,
with such rules, "egulations, forms and instruc?
tions as shqll be prescribed by the Board of
Education, to be printed, together with a suita?
ble index, in pamphlet form, by the person
authorized to do the State printing, at the ex?
pense of the State; and he shall cause copies
of the same to be transmitted to the several
Count}' School Commissioners for distribution.
Sec. 12. That it shall be the duty of the State
Superintendent of Education to collect, in his
office, such school books, apparatus, maps and
charts as can be obtained without expense to
the State; and also to purchase, at an expense
not exceeding fifty dollars a year, rare and val?
uable works on education, for the benefit of
teachers, authors and others who may wish to
consult them; and the said sum is hereby an?
nually appropriated for this purpose out of any
moneys in the State Treasury not otherwise
appropriated.
Sec. 13. That copies of all papers filed in the
office of the State Superintendent of Education
and his official acts may be certified by him,
and when so certified shall be evidence equally
and in Like manner as the original papers.
Sec. 14. That the State Superintendent of
Education shall submit in his annual report a
statement of his official visits during the past
year.
Sec. 15. That he shall make a report, through
the Governor, to the General Assembly, at each
regular session thereof, showing:
1st. The number of persons between the ages
of six (6) and sixteen (16) years, inclusive, re?
siding in the State on the first day of the last
preceding October.
2d. The number of such persons in each
county.
3d. The number of each sex.
4th. The number of white.
5th. The number of colored.
6th. The whole number of persons that at?
tended the free common schools of the State
during the year ending the thirtieth day of the
last preceding September, and the number in
each county that attended during the same pe?
riod.
7th. The number of whites of each sex that
attended, and the number of colored of each
sex that attended the said schools.
8th. The number of common schools in the
State.
9th. The number of pupils that studied each
of the branches taught.
10th. The average wages paid to teachers of
each sex.
11th. The number of school houses erected
during the year, and the location, material and
cost thereof.
12th. The number previously erected, the
material of their construction, their condition
and value, and the number with their grounds
enclosed.
13th. The counties in which teachers' insti?
tutes were held, and the number that attended
the institutes in each cour ty.
14th. Such other statistical information as be
may deem important, together with such plans
as he may have matured, and the State lloard
of Education may have recommended for the
management aud improvement of the school
fund, and for the more perfect organization aud
efficiency of the common schools.
Sec. 16. That he shall have power to examine
all persons who may make application to him,
as to their qualification for teaching school in
this State; and that to all persons of good mor?
al character who pass a satisfactory examina?
tion he shall issue a certificate of qualification
for teaching school in the State of couth Caro?
lina ; which certificate shall authorise the per?
son to whom it is given to teach in any of the
common schools of this State, in which his or
her services may be desired by the Trustees of
the school in which he or she may make appli?
cation to teach, without any further evidence
of qualification. Said certificate shall be valid
for the term of two (2) years, unless sooner re?
voked.
Sec. 17. That he shall annually, on the first
day of November, or as soon as practicable
thereafter, apportion the income oi the State
school fund, and the annual taxes collected
by the State, for the support of schools, among
the several school districts of the State, in pro?
portion to the respective number of pupils at?
tending the public schools, and he shall certify
such apportionment to the State Treasurer.
He shall also certify to the Treasurer and
School Commissioners of each County the
amount apportioned to their County, and he
shall draw nis orders on the State Treasurer in
favor of the County Treasurer of each County
for the amount apportioned to the said Coun?
ty.
" Sec. 18. That there is hereby appropriated,
out of any money in the State Treasury not
otherwise appropriated, the sum of eight hun
dred (800) dollars annually, to the State Super?
intendent of Education, for the purpose of de?
fraying the expenses of clerk hire in the office
of said State Superintendent of Education; said
sum to be drawn quarterly by him, and to be
disbursed by the said State Superintendent for
the purpose herein named : Provided, That
the said sum of eighc hundred (800) dollars
shall be in full for the annual payment of all
clerk hire of said Department.
Sec. 19. That the State Superintendent of
Education shall discharge such other duties as
may be provided by law; and he shall deliver
to his successor within ten days aftar the expi?
ration of his term of office, all books, papers,
documents and other property belonging to his
office.
Sec. 20. That in cases of vacancy in the of?
fice of State Superintendent of Education, the
Governor shall appoint, with the advice and
consent of the Senate, a person to fill such va?
cancy, who shall qualify within fifteen days af?
ter his appointment, and shall continue in of?
fice until the next ensuing general election,
when a person shall be elected to fill the unex
pired term; and should the person so appoint?
ed fail to qualify within the time specified, such
failure shall create a vacancy.
county school commissioners.
Sec. 21. That the present County School
Commissioners shall continue in office until
their successors are elected and qualified.?
There shall be elected in each county at the
general election in October, A. D., 1870, and
at the general election every two years thereaf?
ter, a School Commissioner, who shall hold his
office until his successor is elected and quali?
fied.
Sec. 22. That on the first day of January
next succeeding the date of his election, he
shall take and subscribe the oath of office pre?
scribed in Section 30, Article ii, of the Con?
stitution of this State, which oath he shall file
in the office of the Clerk of the Court of the
County in which he was elected, and shall im?
mediately enter upon the discharge of his du?
ties ; and upon the failure so to do, or if for
any other cause there should be a vacancy in
the office, the Governor shall appoint a person
to fill such vacancy, who shall qualify within
fifteen days after his appointment, and shall
continue in office until the time prescribed for
filling said office by election, as herein provided;
and should the person so appointed fail to qual?
ify within the time specified, such failure shall
create a vacancy.
Sec. 23. That he shall have the general su?
pervision of all the common and public schools
in his County. He shall visit each school in
the county, at least once each regular term
thereof, counsel and encourage Trustees and
teachers, see that the common school law is
properly enforced, and do whatever may pro?
mote the cause of education in the county.
Sec. 24. That it shall be his duty to see that
in every school under his care there shall be
taught, as far as practicable, orthography,
reading, writing, arithmetic, geography, Eng?
lish grammar, history of the United States, the
principles of the Constitution and Laws of the
United States and of this State, and good
behavior.
Sec. 25. He shall, on or before the first day
of October in each year, forward to the State
Superintendent of Education an extended re?
port, containing an abstract of the reports
made to him by the various school officers and
teachers in his county, and showing the condi?
tion of the schools under his charge, suggest?
ing such improvements in the school system as
he may deem useful, and giving such other in?
formation in regard to the practical operation
of the common schools, and laws relating
thereto, as may be deemed of public interest.
He shall also include, in his report, such
other matters as he shall be-directed to report
by the State Superintendent of Education.
Sec. 26. That should he fail to make the re?
port required in the proceeding section, he
shall forfeit to the school fund of his county the
sum of fifty (50) dollars, and shall besides
be liable for all damages caused by such neg?
lect.
Sec. 27. That he shall, at all times, conform
to the instructions of the State Superintendent
of Education, as to matters within the jurisdic
diction of said State Superintendent. He shall
serve as the organ of communication between
the said State Superintendent- and school au?
thorities. He shall transmit to school officers,
or teachers, all blanks, circulars and other com?
munications which are to them directed.
Sec. 28. That each County School Commis?
sioner shall receive as compensation for his
services, including expenses of transportation
within his county, an annual salary of one
thousand (1,000) dollars, except the County of
Charleston, in which county he shall receive an
annual salary of* fifteen hundred (1,500) dollars,
payable quarterly by the State Treasurer.
COUHTY board of examiners.
Sec. 29. That the County Commissioners of
the several counties shall furnish the School
Commissioners of their respective counties
with an office and tlie necessary office furni?
ture.
Sec. 30. That it shall be the duty of each
County School Commissioner, immediately af?
ter the passage of this Act, to divide his Coun?
ty into convenient School Districts, for all pur?
poses connected with the general interest of.
education, and re-district the same, whenever,
in his judgment, the general good requires it.
Each District shall be confided to the manage?
ment and control of the Board of School Trus?
tees hereinafter provided for, who shall hold
their office for two years, and until their suc?
cessors arc elected and qualified.
. Sec. 81. It shall be the duty of the School
Commissioners of each County to select two
suitable and discreet persons, who, together
with himself, shall constitute a Board of Exam?
iners, whose duty it shall be to examine all
candidates for the profession of teacher, and to
give such persons as are found qualified a cer?
tificate setting forth the branches of learning
he or she may be found capable of teaching ;
such examination to be renewed every year.
No teacher shall be employed in any of the
common or public schools without a certificate
from the Board of Examiners or the State Su
Serintenrlent; but certificates furnished by the
oard of Examiners shall be valid only in the
counties where issued. A majority of the
County Board of Examiners shall have power,
for good and sufficient reasons, to cancel any
certificate issued by them before the expiration
of the time for which said certificate was grant?
ed.
Sec. 32. That the Board of County School
Examiners shall meet at least twice a year, at
such places, and at such times, as the County
School Commissioners shall appoint; that the
County School Commissioner shall be Chairman
and Clerk of the Board, and shall keep a fair
record of their proceedings, and a register of
the name, age, sex; color, residence and date of
certificate or each person to whom certificate is
issued, and in case a certificate be cancelled,
shall make a proper entry of the same.
Sec. 33. That it shall be the duty of the
County Board of School Examiners, at their
first meeting, to order, in and for each and ev?
ery Bchool district in their county an election
for a Board of three (3) School Trustees, whose
duties shall be as liereinafter prescribed. The
said County Board shall also have power to fill,
by appointment, all vacancies which may occur
in tne respective School District Boards of
School Trustees in their county.
school districts and trustees.
Sec 34. For the purpose of conducting the
election provided for in the foregoing Section,
a public meeting of the voters of each school
district shall be called by order of the County
Board of Examiners; said meeting shall be pre?
sided over by one member of said Board of Ex?
aminers, or a person by them appointed; shall
keep a fair record of its proceeuiugs, to be de?
posited with the County School Commissioner,
and shall then proceed to elect three persons
resident in the said school district, to serve as
School Trustees for one year: Provided that fif?
teen days1 notice shall be given of every such
public meeting.
Sec. 35. That the said Trustees within fifteen
(15) days after their appointment or election
shall take an oath or affirmation faithfully and
impartially to discharge the duties of their
office, which oath the members are authorized
to administer to each other.
Sec. 36. That it shall be the duty of the said
Trustees, any two of whom shall constitute a
quorum, to meet as soon as practicable after
having been appointed or elected and qualified,
at such place as may be most convenient in the
district, and organize by appointing one of their
number Clerk of the Board, who shall preside
at the official meetings of the Trustees, and shall
record their proceedings in a book provided for
that purpose: Provided, That each member of
the Board shall be duly notified of such meet?
ings by the School Commissioners of the Coun?
ty.
Sec. 37. That it shall be the duty of the
Trustees in each school district to take the man?
agement and control of the local educational
interests of the same, subject to the supervis?
ion of the County School Commissioner, and to
visit the school at least twice in every month
during the school term.
Seo. 38. That it shall be the duty of the
Trustees in the several school districts to make,
or cause to be made, annually, in each school
dietrict, by the first day of September, an enu>
mcration of all the children between the ages
of six (6) and sixteen (16) years, resident with?
in such school district, distinguishing between
male and female, white and colored; and the
Clerk of said Board of Trustees shall return to
the County School Commissioner a duplicate
report of the same: Provided, That in case the
enumeration of scholastic population of any
school district is not made, as provided for in
this Act, by that time, the County Board of
School Examiners is herewith authorized to ap?
point new Trustees for such school district, un?
less for good and sufficient cause the Trustees
have failed to act.
Sec. 39. It shall be the duty of the Board of
Trustees to hold a regular session in their
School District at least two weeks before the
commencement of any or every school term, for
the transaction of any and all business neces?
sary to the prosperity of the school, with pow?
er to adjourn from time to time, and to bold
Special meetings at any time or plaee.
Sec. 40. That the Board of Trustees shall have
power to establish and make all arrangements
for the common schools of districts, paving due
regard to any school-house already built or site
procured, as well as to all other circumstances
proper to be considered, so as to best promote
the educational interest of their district: Pro?
vided, That if said Board of Trustees shall fail
to establish schools and build school-houses,
when and where the necessities of the people
require them, it shall be the duty of the Coun?
ty School Commissioner, and he shall have the
power, to establish and build the same at the
expense of the school fund of such school dis?
trict. They shall employ teachers from among
those having certificates, and discharge the
same when good and sufficient reasons for so
doing present themselves; but they shall em?
ploy no person to teach in any of the schools
under their supervision unless such person shall
hold, at the time of commencing his or her
school, a certificate to teach, granted by the
County Board of School Examiners, or by the
State Superintendent of Education.
Sec. 41. That should the Board of Trustees
be unable otherwise to procure sites for school
houses, they are hereby authorized to appoint a
jury of view of five legal voters of the county,
who shall locate said site as the public interest
may require; but except in a city, town or vil?
lage, said site shall not be located within two
hundred yards of the dwelling of the owner of
the land taken for said site without his consent,
given in writing. The said jury shall assess
the value of the same, and report their action
to the Board of Trustees, who shall secure the
title and pay for the site, as decided by the jury
of view, out of any moneys available for that
puq)ose.
Sec. 42. That when it shall so happen that
persons arc so situated as to be better accom?
modated at the school of any adjoining School
District, or whenever it may be desirable to es?
tablish a school composed of parts of two or
more School Districts, it shall oe the duty of
the respective Boards of Trustees of the School
Districts in which such persons reside, or in
which such schools may be situated, or of the
School Districts, or the parts of which the
school is to be com posed, to transfer such persons
for education to the School District in which
such school house is or may be located; but the
the enumeration of scholars shall be taken in
each District as if no such transfer had been
made ; and such school, when so composed, shall
be supported from the school funds of the re?
spective School Districts from which the schol?
ars may have been transferred.
Sec. 43. That the school year shall com?
mence on the first Monday of October, and
close on the last Friday of June in each year;
but the County School Commissioner shall have
power to limit the school year according to the
school fund apportioned to his County.
Sec. 44. That it shall be the duty of each
school teacher to make out and file* with the
Clerk of the Board of Trustees, at the expira?
tion of each school month, a full and complete
report of the whole number of scholars ad?
mitted to the school during each month, dis?
tinguishing between male and female, the aver?
age attendance, the branches taught, the number
of pupils engaged in each of said branches, and
such other statistics as he or she may be requir?
ed to make by the County School Commissioner;
and until such report shall have been certified
and filed by the said teacher, as aforesaid, it
shall be the duty of said Board of Trustees to
require the same, and forward to the County
Scnool Commissioner, before said teacher can
draw pay for his or her services.
Sec. 45. That the State Superintendent of
Education, or any County School Commis?
sioner, or School District Board of Trustees,
may receive, in behalf of the Stale Board of
Education, any gift, grant, donation or devise
of any school house, or site for a school house,
or library for the use of any school or schools,
or other school purposes within the State, and
are hereby invested with the care and custody
of all school houses, sites or other property be?
longing to the State Board of Education with?
in the limits of their jurisdiction, with full
power to control the same in such manner as
they may think will best subserve the interests
of common schools and the cause of education,
subject to the control of the State Board of
Education.
CHARLESTON city board of school commis?
sioners.
Section 46. That it shall be the duty of the
School Commissioner of Charleston County to
organize, in all those Districts outside of the
city of Charleston, formerly known as Parishes,
a suitable number of schools, as soon as practi?
cable after the passage of this Act. He shall
visit said schools not less than twice during
each year, and shall perform such other duties
as are prescribed for County School Commis?
sioners in this Act. Upon failure or neglect to
discharge the duties imposed upon him by this
Section, when reported to the State Superinteu
tendent of Education, the said State Superin?
tendent is hereby empowered to take such
measures, as, in his judgment, may be necessary
to enforce a faithful performance of duty on
the part of said School Commissioner.
Sec 47. That the School Commissioner of
Charleston County, in conjunction with one
suitable and discreet person from each ward in
the city of Charleston, to be appointed by the
Governor, shall constitute the Charleston City
Board of School Commissioners, and who shall
continue in office until their successors are elec?
ted and qualified. The School Commissioner
of Charleston County shall he ex officio Chair?
man of the said Board, and may assemble the
members thereof any time at his discretion.
They (the Board) may appoint one of their
number Clerk of the said Board. The powers
and duties of the Board aforesaid shall De the
same as those of the Board of School Trustees
of the several School Districts.
Sec. 48. That at the next regular municipal
election held in the City of Charleston, and at
every regular municipal election thereafter, one
Scnool Commissioner shall be elected by the
legal votes of each ward, who shall continue in
office until his successor is elected and qualified.
Sec. 49. That all Acts or parts of Acts in?
consistent with this Act, or supplied by it, are
hereby repealed.
Sec. 50. That this Act shall take effect from
its passage.
Approved February 16,1870.
Senator Sawyer's Speech on the Georgia BfJL
The following are extracts from a speech de?
livered in the United States Senate, on the 18th
inst, by Senator Sawyer:
If we should strike out what is knowxras the
"Bingham amendment," it is well understood
that we should be sanctioning a proposition
made by those who now administer the govern?
ment of Georgia to extend the period of their
official life two years.
I am not sure that the exact language of the
Constitution of the State of Georgia, and of
one of the ordinances passed by the Convention
which framed the Constitution, does not give a
pretext of the prolongation of the official terms
of the State officers.
A more complete mode of depriving the gov?
ernment of Georgia of its Republican charac?
ter than the insertion of a section in its consti?
tution, giving power to the Legislature to per?
petuate itself and the other officers of the
State, can hardly be imagined. Yet this is
precisely what is claimed now. And if we
strike out the Bingham amendment, and pass
a bill precisely similar to the bill passed in the
Mississippi and Virginia cases, it will be inter?
preted as a sanction by Congress of the exer?
cise of this power. We have been forewarned
that such is the intention. The Bingham
amendment is opposed because it interferes
with the exercise of this power. And if at the
end of the two years for which this prolonga?
tion of official tenure is proposed, this Legisla?
ture of Georgia should again deem it to be for
the interest of the colored people or the loyal
people, or any other class of people in Geogia,
that they should have a new lease of power,
why should they not again change the time of
election, and once more begin anew their of?
ficial terms ? Would there be, logically, any
termination to this lease of power ?
Can a Republican Congress afford to permit
a course so utterly subversive of the first prin?
ciples of Bepublican government ? If you do
not propose to recognize Georgia as entitled to
equal rights with other States; if you propose
to keep her out of the sisterhood of States, to
deny her the right to be represented here and
in t:ne national House of Representatives; if,
in short, you propose to keep her in a provis?
ional condition, then you may appoint her
Governor, her judges, her sheriffs, her Legisla?
ture. You may control and direct all her poli?
cy. You may tax her and rule her as you will.
Her people destroyed her legal State govern?
ment. They rebelled against the authority
which they were bound to obey as paramount.
They made war on the national Government.
Th ey were conquered, and are subject to the
will of the conqueror. I believe you have all
I the rights of conquest over her people, and if
J she is not fit to be restored to her forfeited po
I sition, use your authority in such a way as to
! fit her in the shortest possible time and to the
highest possible degree for such restoration.
I I do not object to her being kept an inchoate,
a provisional State a long while yet if any con?
siderable proportion of her people are so little
loyal as to allow them to make war on all those
who love the United States Government, and
who would see the laws of that Government
enforced. But if you regard her admission to
representation now as essential and necessary,
if you think the ends of good government in
Georgia are only to be compassed by having
; her Senators and Representatives admitted to
j their seats in Congress, if you purpose now to
? invest her with the garb of a State in the Union
I of States, let her come in with a government
Bepublican in form and substance; letherpeo?
ple feel that they are free to elect their own ru?
lers at the times appointed in the Constitution
they have made and you have approved.
You have invested the colored men of Geor?
gia with the right to vote. Her own Supreme
Court has decided that the colored man, under
her constitution, has the right to hold office.
You have caused the colored men elected to
the Legislature in 1868 to be restored to seats
from which they had been unjustly ousted.
Under the auspices of your military command?
er and of the Governor the Legislature has
been so reorganized that its legislation will be
in the interests of freedom and justice. You
have thrown around every citzen the protection
of the Civil Rights bill; you have caused to be
Ingrafted upon the Constitution of the United
States the Fourteenth and Fifteenth Amend?
ments; you have complete power to enforce
the provisions of the Civil Rights bill and
those Amendments; you have hedged around
the rights of all citizens by all sorts of defences.
Enactments could hardly do more. What can?
not be done to defend the rights, the lives, the
liberty and property of the citizen by the pro?
visions already made, and those now proposed
to be enacted by Congress, and which will
doubtless be enacted soon, can hardly be con?
sidered within the scope of legislative enact?
ment.
Let us not deceive ourselves. Bass this
measure without the Bingham amendment,
and we shall ere long have the "Georgia ques?
tion" before us j>gain. Can it be supposed that
bitterness, party strife, outrage and violence
will be decreased by a measure which is in pal?
pable violation of the organic law you have
approved and enacted for Georgia? Will
Democratic citizens of Georgia be induced to
join the Republican party because, having just
punished thcin for infractions of that Constitu?
tion, you now permit, nay enact, a violation of
its spirit and purposes by our own political
friends?
If Georgia be not in a condition to elect
State officers who will do all that such officers
can properly do for the reign of order and law,
then let us hold her under the power which the
rebellion of her people has rendered paramount
to all other power as she is now placed.
Mr. President, I am aware that it is an un?
gracious task to oppose men who call upon us
tor a particular measure of relief. I listened
to the eloquent appeal of the Senator from
Mississippi (Mr. Revels) yesterday, and wished
in my heart I could vote with liim on this bill.
I feel all he feels, I know as well as he does
the evils which he so eloquently depicts. I will
go just as far as he will in any measure which
seems to me to be a lawful, a constitutional, a
fit measure for affording safety and protection
to that race of which he is so worthy, so able a
representative. I know their excellent quali?
ties ; I saw their praiseworthy conduct, their
humane, their magnanimoiie conduct during
the trying times of the rebellion. I have seen
their law-abiding, their docile, their manly,'
their magnanimous course since. I shall stand j
by and defend their rights just as long as my j
life lasts, just as long as I stand by my own. j
But I cannot consent to do for them what I
would not do for my own race. I cannot con?
sent for them to violate what seems to be cor?
rect policy, not for Georgia alone, but for the
whole country. Men, arms, money I will vote
to defend the privileges of all classes in Georgia, j
To take from the people of Georgia a right
plainly given in their Constitution, a Constitu- J
tion approved by Congress, and to do this in i
violation of the spirit of our agreement with
them, i? a sacrifice of principle too great to
make. The end sought by the Senator from
Mississippi is a good one; the means by which
he proposes to accomplish it I do not. think can ?
be justified, nor do I think them effident for t?te j
end sought.
First Speech of Berels, the colored Senator*
from Mississippi.
Senator Revels, of Mississippi; mads his <U
but as a speaker in the United States Senate oil
the 16th inst. The galleries were crowded with
anxious spectators, listening to the first speech
ever uttered in that place by a person of Afri?
can descent We quote the moat striking pai
sages of this notable effort:
I am well aware, sir, that the idea is abroad
that an antogonism exists between the whites
and blacks; that that race which the nation
raised from the degradation of slavery,, and en-?
dowed with full and unqualified rights and
privileges of citizenship, are intent upon pow?
er, at whatever price it can be gained. It has
been the well-considered purpose and aim of a
class, not confined to the South, to spiead this
charge over the land, and their efforts are as
vigorous to-day to educate the people of this
nation into that belief as they were at the close
of the war. It was not uncommon to find this
same class, even during the rebellion, prognos?
ticating a servile war. It may have been that
the wish was father to the thought, and, sir, as
the recognized representative of my down-trod-1
den people, I deny the charge, and hurl it back
into the teeth of those who make it, and who,
I believe, have not a true and conscientious do
sire to further the interests of the whole South.
Certainly, any one possessing a knowledge of
the colored population of my own or any other
State, need not be reminded of the noble con?
duct of that people under the most trying cir?
cumstances in the history of the late war, when*
they were beyond the protection of the Federal
forces.
While the Confederate army pressed into its
ranks evety white male .capable of bearing
arms, the mothers, wives, daughters and sisters
of the Southern soldiers were left defenceless
and In the power of the blacks, upon whom the
chains of slavery were still riveted; and to
bind those chains the closer was the real issue
for which so much life and property were sacrij
ficed. And now, sir, I ask how did that race
act? Did they, in those days of Confederate
weakness and impotence, evince the malignity
of which we hear so much ? Granting, for the
sake of argument, that they were ignorant and
besotted, which I do not believe, yet with all
their supposed Ignorance and supposed creduli?
ty, they, in their way, understood as fully ai
you or I the awful import of the contest.
They knew that if the gallant corps of native
soldiers were beaten back, and their flag trailed
in the dust, that it was the presage of still
heavier bondage. They longed, too, as their
fathers did before them, for the event of that
epoch over which was shed the hallowed light
of inspiration itself. They desired too, with
their fathers, to welcome the feet of the stem*
gers shod with the peaceful preparation of good*
news. Weary years of boriaage had told their
tale of sorrow to the Court of Heaven. In the
councils of the Great Father of All they knew
the adjudication .of their case, albeit delayed
for years, in which patient suffering had nearly
exhausted itself, would, in the end, bring them
the boon for which they sighed?God's most
blessed gift to his creatures?the inestimable
boon of liberty. They waited, and they waited
patiently. In the absence of their masters they
protected the virtue and chastity of defenceless
women.
Think,- sir, for a moment what the condition
of this land would be' to-day if the slave popu?
lation had risen in servile insurrection against
those who, month by month, were figbtftig to
perpetuate that institution which brought them1
all the evils of which they complained. Where
would have been the security for property, fe
male chastity and childhood's innocence ?" The
bloody counterpart of such a story of cruelty
and wrong would have been paralleled only in
those chapters Of Jewish history as recorded by
Josephus, or in the still later atrocities of that
reign of terror which sent the unfortunate
Louis XVI and Mario Antoinette to the scaf*
fold Nayy the deeds in that drama of cold?
blooded butchery would have out-heroded the
most diabolical acts of Herod himself.
Mr. President, I maintain that the past record
of my race is a true index of the feelings which
to-day animate them. They bear toward their
former masters no revengeful thoughts, no ha?
tred, no animosities. They aim not to elevate"
themselves by sacrificing one slhgle interest of
their white fellow?citizefls; they ask but the
rights which are theirs by God's universal law,
and which are the natural outgrowth, the logi?
cal sequence of the condition in which the leg?
islative enactments of this nation have placed
them, They appeal to you and to me to see
that thev receive that protection which alone
will enable them to pursue their daily vocations
with success, and enjoy the liberties of citizen?
ship otj the same footing with their white neigh?
bors and friends.
And here let me say further that the people
of the North owe to the colored race a deep ob
ligation which it is no easy matter to fulfill.
When the Federal armies were thinned by
death and disaster, and sombre clouds over?
hung the length and breadth of the republic,
and the very air was pregnant with the rumors
of foreign interference?in those dark days of
defeat, whose memories yet haunt us as an ug?
ly dream?from what source did our nation in"
its seeming death throes gain additional and
new-found power ? It was the sable sons of the
South that valiantly rushed to the rescue, and
but for their intrepidity and ardent daring
many a Northern fireside would miss to-day
paternal counsel or a brother's love. Sir, I re?
peat the fact, that the colored race saved to the
noble women of New England and the Middle
States the men on whom they lean to-day for
security and safety. Many of my race, the rep
resentatives of these men on the field of battle,
sleep in the countless graves of the South. If
those quiet resting-places of our honored dead
could speak to-day, what a mighty voice, like to
" the rushing of a mighty wind," would eome
up from these sepulchral homes 1 Could wa
resist the eloquent pleading of their appeal?
Ah, sir, I think that this question of immediate
and ample protection for the loyal neopie of
Georgia would lose its legal technicalities, and
we would cease to hesitate in our provisions for
their instant relief*
Six Years in TRArarm?The Richmond
correspondent of the Petersburg Index relates
the following: A gentleman in this city receiv?
ed this morning, a letter written to him in 1864,
from Columbia, on the canal. It was given irr
care of one of Rosscr's men, who were then fol?
lowing Sheridan's raiders and after passing
through many hands and going over the whole
State, nas finally reached the person for whom
it was intended with seal unbroken. It con?
tains one piece of information which is yet
new. The lady (the writer] owned a beautiful
Canadian pony, for which she asked the protec?
tion of Sheridan?then raiding through thp
countrv. He promised that the dear little pony
should" not be taken off by his soldiers. How?
ever, when they left he was taken off. The la?
dy grieved much over the loss of her pet, and
gave him up for gone. A few days afterwards
e was returned from Yanceyville^where Sheri?
dan then was. This being the only instante of
Sheridan's horse honesty, J think it Btoaldto
pat upon record.

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