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CONVENTION OF THE PEOPLE OF SOOTH CAROLINA.
- ' f ' FRIDAY, SEPTEMBER 15, 1865.
gAt the hour to which tho Convention waa adjourned, the PRESIDENT
took the Chair, aud the 'proceedings were opened with prayer by Rev. -.
Tho Jouru?l Of yesterday's proceedings waa read.
The following additional Delegates'appeared, exhibited their credentials,
and" mirolled. their names as members of the Convention :
Frobi St-. Pfiiliprnid St. Michael-Mr. Henry Gourdin.
From St. Bartholomew's-Mr- H. G. Sheridan.
Th?. PRESr?ENT-announced the following Standing Committees :
. - ^STANDING COMMITTEES. -
Way a and Means-Messrs.. Furman, Keenan, McDuffie, Dimovant, W.
M. Mart?n, Johnson, WiHiams.
Printing-Messrs. Lee, Carlisle, T. J. Goodwyn, Mobley, Stewart.
tive?ut?be Department-Messrs. OIT, Conner, Aldrich, F. W. Pickens, Mo
Master, Beattie, Siniouton. '.
Legislative DejtartiHent-Messrs. inglis, Rion, McGowan, Boyce, Mciver,
Andrews^ W. H. ' Wallace. fc
Judicial!Department-Messrs. Ijcsesue, Frost, Moses, Thomson, Dozier,
Campbell, Ti Wan,"
Amencbhetds to Constitution not included in Above-Messrs. Dudley, Fur?
row, Hemphill, Frierson, Macbeth, Robertson, Hearst.
Ordinances aud Rekolutio7t9~-N.eneum. Dawkins, Sullivan, Hammond, Por?
ter,' Bl.-.dk, Winsmith; Summer: '
A communication was received from Mr. D. McGregor, and was read by
the President.. -. . ?
Ou motion of Mr.* ANDREWS, the privileges of the floor of the House
were extended to" Mr. D. McGregor. ;
Mr. BEATTY introduced the following resolution, which was referred to
the Committee on the,Executive Department:
Resolved, That the Committee on the Executive Department be instruct?
ed to inquire. an?| Report on the propriety of making the Governor to be
? lected'for the term of four years ; on the propriety of dispensing with the I
office of Lieutenant-Goveruor ; also, in case of the death, &c, of the Go-I
veruorv .. making the Presment of- the Senate Governor ; and'also, in case |
..i Lin: ixeatn, oto.*, tn Lue J. nwwui o? ihe Senate whilst acting as Governor,
ol' requiring the" Speaker of the House of Representatives to serve as Go- '
vernor for the remainder of the term. '
Also, introduced the following resolution ; which jvas referred to the
Committee on the Legislative Depaitment:
Resolved; That the Committee on the Legislative Department be instruct?
ed to inquire and report ou the propriety of requiring only biennial meet?
ings of the State Legislature, unless for cause specially prescribed.
Also, introduced the following resolution ; which was referred to the Com?
mittee on. the Judiciary Department:
Resolved, -That the Committee on the Judiciary Department be-instruct *
ed to inquire and report on the proprioty of establishing in the Constitu?
tion the following provisions :
ist. One Supreme Court, with appellate jurisdictmn throughout the
State ; the Judges thereof to he selected by the Governor, subject to the
approval of ? majority of the Senate. . . .
2d. A Superior Court, the Judges thereof to be selected and approved in
like manner as the Judges of the Supreme Court ; the duties of said Jndgee,
among others, to corisisj; in administering the usual duties ia each Judicial
District twice in every-year. " .
'3d. A District or^uoichu Court,-to consist of one Judge, a resident of
tiie Judicial District, to be elected for the term of four years, by the voters
?d' the District ; the duties of said Court extending"to the hearing and de?
termining all sinall and mean causes, aud also all causes lately within the
jurisdiction of the'Courtof Magistrates and Freeholders, not, however, pro
clnding the office of Magistrate. Said Committee will also inquire and
report on tho propriety of giving said Court all jurisdiction now exercised
by the Ordinary 'of the District. . y
Mr. BOLLING introduced the following resolution, which was referred
t?) the Committee pa, the Judiciary Department :
Ht solved, "Thatjt is "the duty of all good governments to make the ac
quisition.of justice a's cheap and .convenient to the masse* of the people as
possible, and therefore, that it be referred to the Committee on the Ju&cinl
Department to inquire into *and report a scheme for organizing a Court of
inferior Jurisdiction, for the trial pf,all petty misdemeanors, of "Bil civil
causes where the amount involved does not exceed one hundred dollars in
value, and of all cases, w;hethor civil or criminalf in "%vhieh tho parties iiti
gant uro pers?ms of color. ^
Also, introduced thc'followiug resolution^which waa vetered to the-Conw
mit tee an the Legislative Department:
Resolver/, That the Legislature should be 'prohibited, by a suitable pro?
vision in tlie^Gonstitution, from appropriating money to works of internal
improvements, and. also from lending the faith and credit of the State to
individuals, ?corporations or companies, for that or any other pui-pose.
Mr- LESESNE introduced the following resolution; which was adopted :
Resolved, That ?>rdinances adopted by this Convention, shall be engross?
ed, and then ratified, by being signed by the President and Clerk.
Alao, introduced therfollowing resolution; which was referred to the Com?
mittee on Amendments' to the'Constitution :
Resolved;. That to. .prevent- or lessen the evils attendant on frequent
elections, ami te guard against the profanation of tho Sabbath, it is
expedient to provide by the < ?institution that alWpopular elections for
Federal, State or Municipal oflicors shall be held on one and tho same day,
and by the same managers, ^nd that in tho middle of tho week-say the
second Wednesday in October.
A Iso introduced an Ordinance to declare slavery abolished in South Caro?
lina, and prohibit' its re-establishment; which waa referred to the Com?
mittee on Ordinances anti-Resolutions.
Also, Introduced thc following resolution; which was agreed to:
That Lhere l>e added to the Standing Committees of the Con?
vention, an Engrossing Committee, consisting of three Members, to be ap?
pointed'by the President.
Whereupon, the PRESIDENT announced the following Moiubers of the
Committee: Messrs. Melton, Wagener, Norwood.
Mr. F. W. PICKENS, from the Special Committee, made a Report, and
reported: An Ordinance to Repeal the Ordinance of Secession, and the
q -stion being p?.t, shall th? Ordinance"pass? it passed in the affirmative.
Yeas 105* Nava
The yeas ami nays weve reipiested, and are as follows:
Those whb voted in the affirmative are : Hon. D.'L. Wardlaw, President ;
'Messrs. Andrews, Ball, Blair, Bolling, Boozer, Bratten, Boyce, Beatty,
Bovd, Brailsfordj Bryce, Hull, Barnett, Carlisle, Campbell, Cannon, Ohi
Bolm, Conner, Coogan, Dawkins, DeLettre, Duuovant, Dudley, DnPre,
Do/ier, Evins, Furrow, Fox, Friersou, Frost, Furman, Fish burne, Good?
wyn, A. !>., Goodwyn, T. J. x Gilliland, Gaillard, Gourdin, Hearst, Hemp,
hill, Hammond, Hemdon,.Heuery, Huger, Inglis, James, Jones, Johnson,
Keenan, Lee, Lake, Lesesney McDuffle, McCaifloy, Mo?owan, Mcivor,
Martin, Melton, Miles, Milling, Moblev, Morrison, McMaster, MoMichael,
Moore, Morgan, Mosts, Macbeth, Melcher?, Muldrow, Norwood; Orr,
Perry, Pickens, J?. W., Pickens, W. S., Porter, Rion, Richardson, Robert?
son, Reed, Reavee, Rose, Ross, Skipper Sims, Sullivan, Summer, Stewart,
Sheridan, Smart, Simonton. Schaierle, li unson, Tillman, Taylor', Wilson,
J., Wilson, W. T., Wylie, Weatherly, Wa^ce, W., Wallace, W. H., Wage?
ner, Williams, Winsmith, Yqumaus.
Those who voted in tlie negative aro : Messrs. Aldrich, Brabham, Whet?
Sc the Ordinance was passed, and referred to the Engrossing Committee.
Mr. WII?oAM WALLACE infasgduoed the following r?soi?U???: ~
Whereas by the fortunes of war. oar former, noble sud beloved Chief
Magistrate! Jefferson Davis, is now'languiBiiink in prison, awaiting his
trial for treason ; and whereas, the fanatics .of th* North, not satisfied with
the wide-spread ruin and desolation which they haye caused, are shrieking
?^1^0/rerf,,(That it is the paramount duty of ?oath Carolina, who led the
way in our late struggle for independence, and for which struggle he is now
suffering, to uso every lawful means in h?r power to avert the doom which
threatens him. . ? .
Resolved, That to this end, -a deputation of members, of this body be
sent to the city of Washington, in behalf of the people of South Caroline,
to ask of his Excellency the President of the United- States, .to:.extend to
the Hon. jefferson Davis that clemency which he has shown to us, who are
equally the sharers of his guilt, if guilt there be" and which is accomplhuv
ing so much .towards restoring the peace and harmony of the .Union.
Mr. CONNORjoffered the following as an amendment; which was ac.
oepted by Mr. William Wallace: ' ' .'fcf . * V
Resolv&i, That it be referred to a Committee of Three, to draft me?
morials to be addressed, by this Convention, to His Excellency the Presi?
dent of the United States, requesting Executive clemency for Jefferson
Davis, the late President, and A.. H. Stephens, the late Viee-Presideht of
tho Confederate States; for A. ?. Magrath anct^Goo. ?. Trenholm, citizens
of this State, now prisoners of State.,- . .. . '. ;
Whereupon, the PRESIDE^ appointed the following Members of the
Committee: Messrs. Connor, Wuli?m Wallace and Bose.
Mr! F. W. PICKENS in trod need the following resolution; which was
referred^o the Committee on Ordinances and - Resolutions:
Resolved, That it be referred to the Committee on Ordinances and Beso
lutions, to inquire and report on the propriety of sending a competent
agent to Washington, to ascertain from the President what is tho conditior.
of the lands called " Abandoned -Lands" in this Slate, and how long ii
will be before ihe owners of such lands will be restored to the possession ol
their property. , . - -
Mr. W1NSMITH introduced vthe following resolution ; which was re
ferred to the Committee on the Amendments to the Constitution -.
. Whereas, Negro slavery has been abolished by the . proclamations of th<
President of the United Statesaud the military authorities of the same
Resolved, Thut neither negro slavery nor nvvolunjary servitude sha!
hereafpir exist in this State, except as" a puhishnie#for crime, of whiol
tho party' shall have been di?y convicted by law. And it shall bo the dut;
of the legislature tc pass a?ch lar. ? ?S wih ?nf?ly corry i???ocS?ci thc ioi?
going ordinance. . k . . ." %
Mr. McGOWAN introduced tho following resolution ; which waWeterro;
to the Committee on the Legislative Department : *
QUALIFICATIONS OP VOTEES.
In an election to be made by the people of the Stated or of a Distric
thereof, ?very voter shall have the .following qualifications, viz :
He shall be a free white man, who has attained to .thc* age of'. twenty-on
years, and is nat a pauper, a nou-coni misF,ioued officer or private soldier c
tho Army of tho United States. He shall have been a citizen of the Unite
States and of this Stato for at least two wears next preceding the day <
election* and shall have resided during that tijue^P^this State, and dnrin
tho bust six months thereof in the District ia jPStrHS he offer? to vote ; or :
lieu of the said six months' residence, shall have been legally seized an
possessed for at least six months next preceding the day of election, of
freehold in lands worth at least five hundred dollars.
Every person shall be considered a white,"person who has of Caucasia
blood seven-eighths or more.. . , ;; " ;
The Legislature shall provide for the decision of questions of'caste, ar
of all questions concerning"tile right o^siififBgp';' tut<f uifiy guar3 again
frauds and usurpations of the right-of suffrage, by reqniring-? registry i
voters and by other'suitable means; and ?octy impose djsqiiahncsti pu '
vote in.punishment for crime or forIdamonble illiteracy.
Also introduced the following resolution ; which was referred to the Cot
mittee on the Amendments to the Constitution :
. ? . , ? J -v^- _ i:?
The emancipation, of slaves having actually taken place, -4avery sh*
not hereafter be re-estabhshed in this State. >:
. ' . . . .
\ .Also introduced the following^?solutioh. j.which was" referred to tl
i Committee on the Legislative Department : \~ ' t. ? "
No person shall be subject,'for'the same offence, to be twice, put
I jeopardy of life or limb ; nor be compelled, ih?any crinriual ca*e, ito be
I witness against luinself ; nor be deprived of life, liberty or property, wit
i put due precess of law. . . . * \
J Excessive bail shall, not bo required, nor excessive hues imposed, n
cruel and unusual punishments inflicted.
Every law or resolution having the force of law shall relato to but o
subject, and that shall be expressed in the title. ? .
Also introduced the following resolution-; which was referred to t
Committee on the Judiciary Department : ' *
AU laws now of force iu this State, not repugnant to thia Cohstitutic
shall continue Ol force until they may be altered or repealed by the Lo?
lature, or shall respectively expire by their own limitation. Tho term la
here used, shall embrace idl Acts of the Legislature/whether passed befe
or since the twentieth day of Docourber, A. D. 1860. AU Actif Ordinance
aiid parts of Acts or Ordinances, whose duration was limited to the "cc
tinuanceof the war between the United States and thc Confederate Siatei
by that or any equivalent form of expression, and all regulations whi
contemplated the existence of such a war, shah lie considered to h*v<> -
pired ?rn the tenth day of May, A. D. 1865.
All proceedings, legislative, executive, judicial- ministerial ot-official,
acts of officers or agents, all contracts entered into, instium?n?s of wr
ing executed and matters transacted, before er sinco the twentieth day
Decembor, A. _D. 18d0, which were* legal and valid nader the def ateto G<
ernment, whether State, Confederate or Federal, which subsisted in ti
State at the times when they respectively w^re had, done, entered in
executed or transacted, shall in all caeesi and gestions tlutt m?v be he
after presented for adjudication, be held to have been legal and valid.
All officers and appointees, .in thisState, now W office, shalTco?t?nuo
office until their terms of office respectively ejrp&o,. or tiley be superset!
according to the provisions of: this Constitution. .
Mr. INGLIS introduced resolutions as to. the amendment to tho' Cont
tution of the United States ; which were referred to the Committee
Ordinances and Resolutions.
The Ordinance introduced yesterday, by Mrj. Inglis, to declaro in pres
force the Constitution arid Laws heretofcro" in'force in thia State, and
Acts, official, public and private done, and the appointments and eleeti
made under authority of the same, was roferred to the Committee on
T/h? r^S^on'istred?&sd yesterday by 31^. i^uu, proposing a sect
for the Constitution, was.referred to the Committee on Ordinances ,
Resolutions. .'.:='." t
? The first and third of the series of-resolutions introduced by Mr. St
van, yesterday, were referred to the Committee on Ordinances and Bes.
tions ; the second to-the Committee pu tho Execativo Department ;
fourth to the Committee on Amendments to the Constitution ; the fiftl
the Committee on the Judiciary Department.
Tho first, second, third aud eighth resolutions/!?f the series, of resohifc
introduced by Mr. Orr, yesterday, were referred to tho Committee. on
The fourth, fifth, sixth and sewn th were referred to the Committee
the Legislative Department
The ninth to the Committee, on the Judiciary Department. >
The tenth, eleventh, twelfth and thirteenth to the Committee on Ami
monta to the Constitution, ?
Th? *'Ordinance to Abolish Slavery in thjj< State," introduced yestei
.. ? . ' .\ . ~ .
hy Mr! Inglis, was referred j^T the Comsaiitee on Ordinances and Resolu?
mm * .
Mr. BYRD asked and obtained leave to record the vote lie would have
given, if present, on passing the ''Ordinance to Itepeal the Ordinance ot
8oC*MM>i0ii. " . . - .
And Mr. Byrd, being called, answered "Aye."
I Mr. CONNER introduced tho following resolution :
Resolved, That this CJouventiou will restrict itself to su?-h action as is e*- .
sential to restore the State to her former position in the Federal Union to *
such remodelling of the State Constitution as is necessary to adapt it to
the changes growing ont of the Emancipation Proclamation, and to restore
it with those modifications to its condition prior to the Act ol' Secession ;
and to such proceedings as are necessary to call into existence tin- Stat ?
, Government, with the powers exercised by it prior to the Ordinance of Se?
:* . Mr. TTL MAN moved to lay the resolution on tho table. And tho ques?
tion-being put, "Will the 'Convention agree thereto?" it passed in'tho
< Yeas, 53 ; Nays, 52.
The yeas and nays were requested, and aro as follows :
. TbosoVho voted in the affirmative, are : Hon. D". L. Wardlaw, President ;
Mew'u., Ball, Bolling, Boozer? Boyce, Beatty, Boyd, Bryce, Bull, Byrd.
Barnett, Dudley, Evins,'Farrow, Fox, Fricrsoiik Goodwyn, A. ] >., ileinp
' hill, Hammond, Herndon, Iuglis, Jones, Johnson, Lee, . Luke, Melton,"
Milling! lVfohlov McMsster, MoMichaoI, Moore, Moses,-Muldiovv, i\oi
wood. Orr, Perry, Pickens, F. W., Pickens, W. S., Robertson, Raed,
Reaves, Ross, Skipper, Sims, Sullivan, Summer, Stewart, Thomson, Tilj
man, Wiisou, J., Wylie, Weatherly, Winsmith.
These who"voted iu tho negative, ure: Messrs. Aldrich, Audrews, Blair,
\ Bratten, Brabham, Carlisle, Campbell, Cannon, Chisolm, Conner, Coogan,
Dawkins, DeLcttre, Duuovant, DaPre,-Doaer, Frost, Furman, Fisnburue,
jGoodwyn, T. J., Gilhland, Gaillard, Gourdin, Hearst, Henry, Hager,
James, Keenan, Lesesne, McCauley, McDidiie, Mciver, Martin,"Mollison,
Morgan, Macbeth, Melcher*,' Porter, Richardson, Rion, Rose, Sheridan,
Smart, Bimonton, Schnierie, Wilson, W. T., Wallace, W.,.Wallace, W. H.,
Wagener, Williams, Whetstone, Yonmaus. .
So the resolution was ordere?! to lie" on the table.
Mr. TILMAN introduced the following resolutions ; which -were referred
to thff Committee on Amendments to tho Constitution :
Resolved, That the following clause shall be incorporated in the. Consti?
tution of this State :
That every Charter or Act of Incorporation which may be hereafter .
granted br renewed, and every amendment of existing Charters or Acts o?
Incorporation.which may be hereafter granted by the General Assembly of
this State, shall, at all times, ho suoject to repeal, alteration or amend?
ment, by the General Assembly.
Resolved, That the Constitution of this State should bo* altered and
amended, BO that :
1st. There shall lie thirty-one Election Districts, formed by constituting
each Judicial District an Election District, with the same boundaries and
the same names, except the Judicial Distract of Charleston, which shall be
divided' into two Election Districts by consolidating the Parishes oL St.
Philip add St. Michael into one Election District, to be called "the City of
Charleston, " and by consolidating -the remaining Parishes of saki Judicial
District into another Election District, to be called "thc.Election District
2d. The number'of Senators shall bo thirty-one, to wit : ?mo Senator for
each Election'District ; and the number of Representatives shall bo one
hundred and twenty-four. Tho basis of representation in the House shall
be ? joint one of taxation and white population as now provided by law,
and.Representatives shall bo apportioned among tho several Election Dis
tricts, as heretofore provided, that each Election District .shall always have
Lat least one Representative; and provided also, that no Election District
ahull ever be allowed, at any future apportionment, more than twelve Rep
rtsfieiitativos. ? ". . .
On niotiou of Mr. ORR, the Convention* proceeded to the c o i eudora i i ui?T-^"^^
of-. Message-No. 1 of tho Governor, which had been matte the Special Order
of. the Day, for this day, atone o'clock P. M.
Mr. ORR introduced the following resolutions; which wore agreed to:
Resolved, That so much pf tho Message of his Excellency Governor
Perry, as relates to the abolition of slavery in this State, to the Treasury
Departmemt, and to the offices of Secretary of State and Surveyor-Geno
ral, be referred to tho "Committee on the General AitieJes of the Consti?
Resolved, -That so much as -?elates to the basis of representation hi the
Senat*,,the Parish System, the matter of suffrage, to voting viva voce in
election's by the Legislature, and to the election of members of the Legis?
lature at an early day, be referre?l te the "Committee on the Legislative
Department of the Constitution. "
Resolved, That so much ?H relates to the election o? Governor by the
people, to the appointment of District officers by the Governor, and to thc
office of Lieutenant-Governor, be referred to thc "Committed on the Ex?
ecutive Department of the Constitution. "
Resolved, That so much as relates to? the election oi Presidential Electors
by the Legislature, and to tho Legislativ?, Executive and Judicial .Acts of *
the State since its secession, be referred to the "Committee on Ordinances
and Resolutions. "
Resolved,' That so much as relate? to the sitting of the Court of Appeals
exclusively in Columbia, be referred to the '"Committee on the Judicial
Department of the Constitution."
Resolved, And that so much aa relates to defraying the" expenses of "the
Convention, be referred to tho "Committee on Ways ami Moans."
Mr. MELTON introduced the following resolution, the consideration o?
which waa postponed until Monday next:
Resolved, That the Constitution of South Carolina, adapted April 8,
18?1, be made the Special Order of thff day for Monday next, .it I o'cloc k
P. M., and that all proposed Ordinances or*Reaolntions involving alteia
tions or amendments thereto, be printed, appending to each the name ot
the mover.' . ' . .
Ou motion <^ Mr. ORR, it wu* . ,
?Ordered-,, That when this' Convention adjourns, it be adjourned to meet,
to-marr?w, at 12 o'clock M.
Mr. MACBETH introduced the following resol uti? >n; which wits referred
to the Committee on Amendments to the Constitution :
Resolved, That tlie Constitution of this State shall be ainemU;d,..so that
all taxes hereafter levied shalTbo levied on the actual value pf the property.
Mr. CONNER introduced the following resolution; which was-referred to ??:'['
tho Committee on the Legislative Department:
Everv free white mau, of* ?i? ago of twenty-one years, (paupers, non- .
commissioned officers and private? in the Army and Navy of the United
States excepted,) being a citizen of thc United States, or a foreigner, who
had declared his intention of becoming a citizen of the United ?tates ac?
cording to law, arid having resided therein two years immediately previous
to tho day of electipn, and six months in the Election District where he
offers to vote and has his home and residence, shall have ?. right te vote ?1 #
elections in this State. Nor sharl temporary abser^e, being less than six -
month*, with intention to return, debar or impair .he right oi a voter in
' Mr. MELTON introduced the following resolution; which was agreed to:
Resolved, That the Engrossing Committee be authorized to employ one
or more Clerks, as may bo found necessary.
"Mr WAGENER/introduced tho following resolution; Which was referred
to the Committee on Amendments to the Constitution:
Resolved, That the State should by all means foster and promote internal
imprdveme&ts, arts and mechanical industry, and should never malu; laws,
to restrain her Legislative bodies from affording ant and encouragement te
On motion of Mr. THOMPSON, the Convention was adjourned at
fifteen minutes past 4 o'clock P. M.
JOHN T. SLOAN,
Clerk of the Convention.