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VOL. XI. -MANNING. S. C, WEDNESDAY. SEPTEMBER- 18,1
THE STATE CONVENTION.
THE WORK OF MAKING A NEW CON
Governor Evans Elected President--He
Makes Some Valuable Suggestions as to
Needed Change.-The Work Most Aus
CoLrMBIA, S. C., Sept. 10-The State
Constitutional Convention assembled
today at a few minutes after 12
o'clock. As the hands of the clock
pointed to five minutes past 12, Secre
tary of State, D. H. Tompkins, rapped
the convention to order and announc
ed that it was ready for business. -
Congressman Wilson of Spartan
burg arose and said that he had the
honor to nominate as temporary chair
man of the convention, representing
the whole people of the State assem
bled for the purpose of framing its
organic law, one whose eloquent voice.
forceful pen and lofty abilities had al
ways been employed for the welfare
of the State. whose great heart beats
in sympathy with the masses of the
people-Col. Robert Aldrich, of Barn
No other nominations being made
Col Aldrich was unanimously elected
and in taking the Chair he said in
part: I deem it a high honor to -be
connectel with this august body in
any capacity, but I desire to make ac
knowledgement for the honor con
ferred upon me. This is the most im
portant convention that has assembled
in South Carolina in a century. It is
the second time in the history of the
State that the people have assembled
to frame and adopt the oroanic law.
There has been other so cled consti
tutional conventions, but with one ex
ception this is the only one that has
ever met as the exponent of the un
trammelled will of the people. We
have what is known as the constitu
tional convention of 1776-78, but their
acts were nothing more than the acts
of a General Assembly. Then came
the convention of 1790 and that of
1860 which passed the ordinance of
secession and made such otherchanges
as suited the changed conditions. The
convention of 1S65 was called by the
proclamation of the provisional Gov
ernor appointed by the President of
the United States and who had no
more authority than any other citizen
to call such a convention and it itself
had no more authoritv than a mass
meeting of citizens. the convention
of 1868 was called by reason of the Re
construction Acts of Congress, which
were notoriously without constitution
al warrant and were consequently null
and void. This Constitution was de
signed to humiliate the State, degrade
her peopleand subvert her civilization,
and to the shame of South Carolina
her people lived under that instrument
eighteen years after they reoained con
trol of the government. .To the last
ing honor of the people they have now
assumed charge and intend to right
that grievous wrong. Col. Aldrich
said that the Constitution of 1790 was
made by the people and under it the
C i d and gl of
* olthCaolnadeveloe ad izrhi
. judgment this convention could do
nothing better than take it as a basis.
It has been bred in the bone, blood
and sinew of the State. We could
not do better than follow i- its foot
steps he said, making such changes
as -iferent conditions demanded. He
-congratulated the delegates that they
had assembled in the peace of God and
-trusted that their deliberations would
-be guided by wisdom from above, for
they were to make laws that we must
live under, work under and enjoy to
the remotest period of our existence.
He then announced the convention
ready for other business.
*On motion of Lieut.-Gov. Timmner
'man two temporar secretaries were
aCo ine of Richland, and Mr. P.
.K. Bryan, of Charleston.
*Then began the call of counties and
'presentation of credentials, which, if
continued through all the counties,
would have conisumed an immense
amount of valuable time, and on mo
ton of Mr. Stanyarne Wilson the call
of counties was dispensed with and
delegations were instructed to hand in
-their lists later.
QCA LTNG THE ROLL.
The roll of the Convention was then
r-ead bySecretr Jones and showed
-the fo -wn duly elected delegates:
Abbv- Wm.- C. McGowan, I.
~H. McCalla, J. C. Klugh, R. R.
IHemphill, Frank B. Gary, R. F. Mc
Aikea-John Gary Evans, F. P.
Woodward, R. L Gunter, D. S. Hen
Anderson-J. P. Glenn, L. 0. Har
rison, J. E. Breazeale, D. H. Russell,
G. E. Prince, J. M. Sullivan.
Barnwell-Robert Aldrich, G. D).
Bellnger, C. M. Hires, W. C. Smith,
-A. g', Patterson, G. H. Bates.
Beat fort.-Robert Smalls, James
Wig.,Qhomas Miller, Isaiah R. Reed,
Berkel --Jpe. B. Morrison, J. B.
EJ.Dennis, William Hen
'derson A. N. DeHay, H. H. Murray.
R. C. McMakin.
Charleston-T. G. Barker, J. P. K.
BrynJ. N. Natans, A. S. Farrow,
Jul'a Mitchell G~ '-F Von Kolnitz,
Jr., W. M. Fitch, , Toseph L. Ohiver,
W. St. Julien Jervey i
Chester-T. J. Ct '"" "ingham, J.
Lyles Glenn, G. W. G ~age, RO. At
hesterfield-E. N. Ret -fearn, F. P.
Taylor, E. J. Kennedy. JS.Cn
Clarendon-J. M. Sprott, - .Cn
tey, D. 3. Bradham, J. W. Kenned .
Colleton-M. P. Howell, C- -
Garris, D). H. Behre, M. B. Co o)per, L
Darlington-H. C. Burn, J. N:Pr
efied-B R.Tillman, W.- J
Talbert, G. D. Tillmian, W. H. Tim
merman, J. C. Sheppard, B. B. Wa 't
Fairfield-R. A. Mears, W. L. Ros'
borough, G. W. Ragsdale, T. W.
Florence-B. B. McWhite, R. M.
McCown, W. F. Clayton, 3. (O. Byrd.
Georgetown-J, H. Reed, E. F. Mat
thews,'R. B. Anderson, colored.
Greenville-J. W. Gray, J. T. Aus
tin, Hugh Harion, H. B. Buist, H. J.
Hansorth, Capt. G. G. Wells.
Hampton-W. 3. Gooding, A. J.
Harrison, C. J. C. Hutson.
Horry-J. P. Derham, J. A. McDer
mott, Jeremiah Smith.
Kershaw-C. L. Winkler, J. W.
Floyd, J. Hay.
Lancaster-Ira B. Jones, J. N. Es
tridge, J. W. Hamel.
-Laurens-J. L. M. Irby, A. 3.
Smith, J. H. Wharton, R. L. Henry.
Lexington-C. M. Efird, J. L. Shu
ler, E. L Lybrand.
M,.io-W_ J. Montgomery, E. B.
Berry, J. E. Elkrbe, J. D. Montgoin
Marlboro-W. 1. Evans, T. E. Dud
ley,. . H. Iodges, T. I. Rogers.
Newberry-J. A. Sligh, J. L. Keitt,
G. S. Mower. George J ohistone.
Oconee- -J. C. Alexander. 0. M.
Doyle, W. J. Stribling.
Orangeburo---J. W. Stokes. I. W.
Bowman, L. S. Connor, E. H. Hous
er, A. K. Smoak. 0. R. Lowmau.
Pickens---W. T. Field. IV. T. Bow
en. R. F. Smith.
Richland --J. T. Sloan. II. C. Pat
ton, J. J. McMahan, Wilie Jones, J.
Sumter-R. D. Lee. J. I. Scarbor
ough, T. B. Fraser, G. P. Mc'Kcagen,
Shepherd Mash, R. 1'. Stackhouse.
Spartanbur---Stanyarne Wilson, C.
A. Barry, WV T. Bobo, M. 0. Row
land. A. S. Waters, T. E. Johnson,
W. E. Carver.
Unicn--J. T. Douglass, V. A. Nich
olson, C. H. Peake, J. C. Otts.
Williamsburg-T. M Gilland, S.
W. Gamble, W. R. Singletary, G. J.
York--A. H. White, J. S. Brice, J.
F. Ashe, W. B. WVilson, S. E. Wilson.
It was then decided to go into the
election of permanent officers. Ex
Governor Sheppard moved that the
permanent officers be a president, two
vice-presidents, sergeant-at arms and
readig clerk. This motion was adopt
Mr. Patterson rising to make a
nomination, said that he took pleasure
in nominating the Chief Executive of
the State, John Gary Evans. Though
young in years, yet, the eminent man
ner in which he has filled the exalted
position and his six years experience
in the Legislature qualities him to pre
side over this august body.
Congressman Talbert said lie desired
on the part of Edgefield to second the
nomination of Gov. Evans, whoseser
vices eminently fitted him to preside
over the convention. Gen. Gray also
seconded the nomination.
On motion of Mr. McCown, of Flor
ence, the Governor was elected by
acclamation. When the chairman put
the question as to his election all the
delegates arose, to all appearances.
Nobody expected any vote in the nega
tive, but when they were called for,
Bob Smalls. with glasses on his eyes
and his woolly hair parted in the mid
dle, arose amid general laughter,
Smalls was not disturbed and took his
seat unabashed. A delegate remarked
that that vote was a great compliment
to the Governor.
Congressman Talbert moved that a
committee of three be appointed to
notify the Governor of his election.
Gen. Hemphill wanted to go on with
the permanent organization first, and
it was decided to do this while the
committee of notification was out. The
Chair appointed Messrs. Talbert, Jones
and Patterson on the committee.
Mr. Wilson nominated Messrs. W.
J. Talbert and Ira B. Jones for vice
presidents and they were unanimously
Mr. Wharton nominated Mr. S. W.
Vance for clerk and Mr. Cooper sec
onded it. Mr. Vance was elected.
Mr. W. C. Smitia nominated Mr.
Stansel for Sergeant-at-Arms and he
was unanimously elected.
It was next in order to elect a read
ing clerk and Delegate Prince, of
Anderson, wanted to hear samples of
their proficiency, but the matter was
dropped-for the time as the commit
tee with Gov. Evans had appeared at
the door. As the committee escorted
the Governor in, the convention arose
and Col Aldrich formerly introduced
him as president of the convention.
Gov. EVANS'S ADDRESS.
In assnming the Chair, Gov. Evans
made an address, in which he out
linedseme changes that he thought
would be wise in our government. H
said in part: I thank you, gentlemen,
for the honor you have conferred upon
me to preside over your deliberations.
People live under different forms of
or a republic, and you represent the
sovereign power of the republic. To
be called upon to p reside over the
sovereignty of South Carolina is an
honor any man ought to be proud of .
In thanlang you for the honor, I sim
ply do what goes without saying. I
will not review the history of former
conventions, which has been so ably
done by your temporary chairman;
suffice it to say that this is the first
time her sovereignty has been repre
sented by the will of the people hon
estly expressed at the ballot box.
The people have delegated that
sovereignty to you, to make an or
ganic law which is supreme and can
not be reversed in future years ex
cept in a similar manner. From the
poition I occupy, I will be precluded
frm having a lre voice in the delib
erations of the convention, but being
in a position where I am intimately
connected with every branch of the
government, I have some thoughts
that I wish to present to you.
In the first place we have the Ex
ecutive department. You are to say.
what power the Governor shall exer
cise and that power should be well
guarded. It is your province to throw
around it such precautions as will pre
serve the life and liberty of the citi
zen. The present Constitution was
framed by people who had not the in
terests of the people at heart and I
recall the words of Gov. Orr to that
convention, when he said that no law
could stand unless it was framed by
the intelligence of the land. We have
come here to bolt out that Constitu
tion and perpetuate the reign of intelli
ence. As to the chief executive there
is one power that should be given him.
There is now no provision for the re
moval by him of dishone'stor incompe
tent officials. He should have such
power .in such case and if necessary
you can specify in what cases that
power ought to be exercised.
As to the Legislative department
there is no use to go into an extensive
discussion of that as I see before me
many who have been members of both
houses and of Congress. But the
Legislature has too many elections ta
attend to. Wherever an officer is to be
elected by the Legislature, change it
;o the election can be by the people.
' is an unwritten law that the Legis
ta ture must adjourn by Christmas and
with so many elections on hand the
worke of that body is seriously inter
fered with. Let there be annual ses
sions anid for a certain number of days.
Then -we have the charter curse for
the Legislature to contend with. Cor
poratioL's should be created, but let
them be under some general law em
powering the Secretary of State to
rant them. By this means one-half
f the time and annoyance to the
Lei'lature will be obviated.
The safety of the republic rests
getly upon the judiciary. It has
ben said too that the greatest dan
ger to this country is the transgres
sion of the Federal iudicay A ut
this we have rothing to do. but we
may learn a lesson from it. The j udi
ciary should be well guarded. See
that it is placed on so high a pinnacle
that it will remain spotless so no one
can dishonor or disorace it. It seems
to me that it would & best for the peo
ple to .elect the judges. This has
proved a blessing in a majority of
cases where it has been tried.
As our county courtsare at present
constituted they are almost a farce.
They are expensive and fail to meet
the requirements of the people. With
counties large enough to support them
(and counties should not be too small)
monthly county courts with juridic
tion to send convicts directly to the
chain-gang would give justice and at
the same time as good roads as can
be found in the world.
The question of educatio-: is the
most serious one to deal with. It is of
more importance than the suffrage, be
cause by education our best citizens
are obtained. The beginning of a citi
zen is made at home but after lie
leaves it for the school, the schoolmas
ter becomes the most important per
sonage in the government. The hap
piest people are those educated. See
that to the masses is preserved the
privilege of education. Ifigher educa
tion is as important as common school.
One is a part of the other. A common
school education makes a demand for
higher and it is your duty to support
institutions of higher learnin-. See
that no lights are put out. Ratlier see
tlfat more- are established. The great
mass of the people will never quarrel
over taxation for education because
they know they will derive a direct
Tnere must be some educational
qualification for the suffrage if white
supremacy is to be preserved. Only
intelligence must rule and itis no injus
tice to the black man to have such a
qualitication. We must do our duty
in this matter. Let not the censure of
foreigners and aliens affect you in
performing this duty. You have ex
perienced what ignorant rule means.
On this question there should be no
factional differences and he who does
not deprecate such is unworthy to
stand in this hall. Fix it as in your
judgment appears wisest, but fix it so
that the blessing of white supremacy
may be enjoyed by your wives and
children. Guard well the suffrage. It
is expected of you by the outside
Some provision must be made to
protect the people .against the en
croachments of corporate wealth
against a plutocracy. Corporations in
South Carolina are becomiug power
ful. Your laws offer special induc
ments for them to operate in the State
and while you owe a duty to them you
owe it to the people as well. The
people in our factories are not anarch
ists, socialists or foreigners, but are
native born. You should see to it that
in their poverty they are not op
pressed. Whether a special officer
should be appointed to look after this
is to be considered and I think the
small salary he would be paid would
be fully compensated for by the good
he would accomplish.
Esnecially should some provisions be
made against corrupt influences in
elections. In municipalities there is
generally courruption and dishonest
means used in elections. It is your
duty to see that municipalities have
as honest and fair elections as you
have in your State elections. C
With these reflections I leave the
uestions with you, asking your par
on for giving you my opinmons. I
give them to you as a duty and not
to influence you. Looking at the per
sonnel of the convention no man can
say the people have not acted wisely
in sending .you here. A lmighty God
send you wisdom and imbue you with
justice and moderation. Let your
work go forth not as the work of
a faction, but as coming from the
soveeignty of the State around which
all can untie and say "this is our con
stitution" and then yo.u will receive the
"well done faithful servants" of the
The work of electing permanent of
ficers was resumed and the following
were nominated for reading clerk: G.
Walt. Whitman, of Union; A. H.
Dagnall of Darlington and J. S.
Withers of Chester. The three took
turns at reading portions of the pres
ent constitution. By a viva voce vote
Mr. Dagnall was elected, receiving S4
votesto Whitmans' 11 and Withers 54.
Gov. Sheppard reported what the
special committee on committees had
agreed upon. It was to this effect:
In order to expedite the business of the
convention the President is authorized
to appoint standing committees, con
sisting of eleven members each, on the
following subjects, and said commit
tees shall report to the convention on
matters referred to them: Declaration
of Rights; Legislative; Executive; Ju
diciary: Jurisprudence; Eminent Do
main; Impeachments; Right of Suf
frage; Finance and Taxation; Educa
tion; Charitable and Penal Institu
tions; Municipalities and Police; Cor
porations; Militia; Printing; County
and County Governments; Amend
ments to the Constitution; Engrossed
Resolutions and Ordinances; Current
Accounts and Expenses; Miscellane
os Matters, and, also, a committee on
rules to~ consist of five mem
bers, of which the President
shall be exofficio a member. The re
port was adopted, and the following
committees appointed :
Deelaration of Rights-J. L. M. Ir
b, chairman; J. E. Ellerbe, J. 0.
B-d, J. F. Cantey, J. M.-. Sullivan,
. H. Timmerman. Geo. S. Mower,
Geo. Von Kolnitz, F. P. Taylor,. W.
T. Bobo, W. R. Singletary.
chairman; John C. Sheppard, B. B.
McWhite, S. E. White, H. B. Buist,
W. L. Rosborough, J. N. PTarrott, T.
M. Gilland, Geo. D. Tillman, G. W.
Gg, J. D. McDermott.
IExecutive-C. M. Efird, chairman;
J. Walter Gray, M. P. Howell, J. C.
Klugh, L. S. Connor, J. N. Estridge,
J. T. Douglass,R. D. Lee, A. J. Smith,
G. W. Ragsdale, J. H. Scarborough.
Judicial-Stanyarne Wilson, chair
man; Robert Aldrich, J. E. Breazeale,
Geo. Johnstone,L. W. Bowman, Theo.
G. Barker W. 0. McGowan, C. L.
Winkler, '0. H. Peake, G. W. Gage,
W. J. Stribling.
Jurisprudence-G. Duncan Bellin
er, chairman; E. J. Dennis, Frank
h. Gary, A. S. Farrow, C. H. P~eake,
R. D. Lee, J. Lyles Glenn, NV. M.
Fitch, J. C. Klugh, T. I. Rogers,
Eminent Domain-D. HI. Russell,
chairman; H. H. Murray, J. F. Ashe,
Geo, P. McKagin, Jos. Oliver, C. H.
Peake, J. B. Dent, F. P. Woodward,
E. J. Kennedy, D. J. Bradham, John
Impeachment-M. R. Cooper, chair
man; J. T. Hay, G. J. Graham, R. P.
tnachu, . L. hnler, .T. A. Mc
Dermott, E. H. Houser, A. S. Waters,
Geo. Von Kolnitz, G. W. Ragsdale,
R. B. Anderson.
Rights of Sutfrage-B. R. Tillman.
chairman: A. H. Patterson. J. P. K.
Bryan, R. H. Hodges. C. W. Garris.
D. J. Bradham, 11. J. Haynsworth,
L. E. Harris, W. C. McGowan,C.J.C.
Hutson, M. 0. Rowland.
Finance and Taxation-W. D. Ev
ans, chairman: G. E. Prince, W. J.
Talbert, J. P. Derham. J. H. Whar
ton. F. P. Woodward, Jos. L. Keitt,
0. R. Lowman, T. J. Cunningham,C.
A. Barry. E. J. Dennis.
Education---Julian Mitchell, chair
man: R. B. Watson. E. H. Houser,R.
L. Gunter. Geo. S. Mower, H. C. Pat
ton, A. H: Patterson. John J. McMa
han. T. I. Rogers. E. L. Lybrand, E.
Charitable and Penal Institutions
W. J. Gooding,chairman.J. P. Glenn,
T. J. Cumminghan, 0. M. Boyle. H.
G. Burn, WN. T. Bowen. .1. IL Read, J.
M. Sprotts, Sheppard Nash, W. S.
Gamble, Jeremiah Smith.
Municipal Corporations and Police
Regulations--D. S. Henderson, chair
man: W. C. SmithW. F. Clayton, J.
N. Nathans. W. A. Nicholson, G. G.
Wells, Wilie Jones, J, D. Montgome
ry, J. T. Hay, J. Perry Glenn, R. A.
Corporations- J. W. Stokes, chair
man; G. D. Bellinger, ,1. L. Shuler,
W. 1. Wilson. Geo. ). Bates, L. E.
Parler, Ira B.-.Jones, J. ). Montgome
ry, Hugh Barton, Jeremiah Smith, 1'.
Militia-J1. W. Flovd. chairman: J.
C. Otts, J. B. Wiggins, Jos. Oliver, D.
H. Behre. .1. P. Derham. (. R". Low
man. A. J. Smith, .f. W. Gray, Rob
ert Smalls, Sheppard Nash,
Printing-R. R.Hemphilchairma n:
D. 11. Bebre, W. F. Clayton, John B.
Dent, .. W. Hainel.
Contingent Accounts and Expenses
W. F. Field, chairman: A. H. White,
W. A. Nicholson. J. N. Nathans, R.
L. Gunter. R. C. McMakin, H. B.
Buist, E. P. Taylor. J. L. Keitt, W.
M. Fitch, J. J. McMahan.
Amendnients--J. B. Morrison,chair
man: J. M. Hiers. N. .1, Perritt, G. J.
Graham, A- S. XVaters, J. S. Brice&R.
F. McCaslan, E. F. Matthews, I- 0.
Atkinson, R. M. McCown. W. J.
Miscellaneous Matters---John T.
Sloan, chairman:W. H. Timmerman,
W. E. Carver, J. C. Alexander T. W.
Brice, A. IL DeHay, V. St. J. Jer
vey, A. I. White, James Wigg, R.F.
Smith, E. H. Berry.
County Government--J. T. Austin.
chairman: Geo. D. Tillman, F. B.
Gar-, E. H. Redfearn, A. K. Smoak,
T. P. Johnson, J. W. Kennedy, J. 0.
A. Moore, J. C. Otts, A. J. Harr-ison,
R. R. Stackhouse.
Engrossed Resolutions and Ordi
nances-W. J. Montgomery, chair
man; R. M. McCown, Wim. Hender
son, A. S. Farrow, M. P. HIowell, I.
W. Bowman, T. E. Dudley, H. H.
Murray, L. E. Parler, T. 'X. Gilland,
Order, Style and Revision--T. B.
Fraser, chairman; B. R. Tillman,
Stanyarne Wilson, C. M. Efird, J W.
Stokes, Julian Mitchell, D.. S. Hender
son, J. L. M. Irby, Robt. A ldrich, C.
J. C. Hutson, J. E. Ellerbe.. I. H. Mc
Calla, R. R. Hemphill, Ff. Cowper
Patton, W. J. Gooding.
Rules-J. G. Evans, ex-otlicio; Ira
B. Jones, J. C. Sheppard, C. W. Gar
ris, J. E. Breazeale.
CoLUMBIA, S. C., Sept. 11.--The sec
ond day's sesson of the convention
started ~off with a rush and a great
deal of business was gotten into shape
for action when the proper time comes.
Twe principal features of the- day
were the refusal of the convention to
increase their salaries to $4 per diem;
the appointment of various commit tees
and the infroduction of a number of
measures which their advocates wotild
like to see incorporated in the organic
law of the State. The convention was
called to order a few minutes after 11
o'clock and the session was opened
with prayer by Rev. J. C. Abney.
President Evans then announced the
appointment of the standing commit
President Evans also announced
the following appointment:
Assistant C lerk, P. L. Melton; Jour
nal Clerk, J. T. Gantt; Doorkeeper,
R. M. Jo>11y; Assistant Doorkeeper,
JosepWithe on; Gallery Door
keeper, WV. J.Shelton; Postal Clerk,
E. P. Jenkins , Pages--Glenn Smith,
Joseph Robinson, J. B. Hugrhes,
Drafts Caughman, J. W. Mc6'alla,
U. R. Brooks, Jr.
After a number of routine resolu
tions were adopted a number of ordian
ces were introduced which were re
ikred to the proper committees.
The question as to whether the mem
bers should not take the Constitution
al oath was next brought up by Mr.
Ragsdatde, of Fairfield, who was of
the opinion that it was necesary in
order to make the action of the con
vention legal and binding. After
much discussion the matter was refer
ed to the judiciary committee, which
decided that it was not neccessary for
any oath to be administrated to the
members of the convention.
Mr. Prince of Anderson in~troduced
a resolution to the effect that the con
vention form no new counties, but de
termine: what there area and other
conditions shall be and allow the
Legislature to act. Mr. Pince said the
objsect of the resolution was to relieve
the convention of the importuities of
delegation from counties waiting new
court houses. A number of such. dele
gations are here and the question
ought to be settled art once. If we
go into the new county matter we
may as well prepared to stay here
until Christmas. After debate the
mother was referred to the proper
The proposition to elect a chaplain
was voted down, and the president of
the convention was requested to make
arrangements for prayer at the open
ing of the session.
A resolution that Mr. Calvo be elect
ed torinter for the convention was vot
ed dlown, and the matter referr-ed to
the committee on printing.
After a running debate it was re
solved that for the present the conven
tion would meet at 12 and adjourn at
3 o'clock. The body then adjourned
for the day.
Comm~Ia, S. C., Sept. 13.-The
convention was only in session an
hour and a half yesterday. After
transacting routine business the con
vention was called on to consider a
complete constitution for the State,
which was offered by Col. Robt. Al
drich, of Barnwell. It covers every
subject in the present constitution and
makes some very radical and sweeping
changes. Among other things his
plan provides for the election of mem
VOTED IT I)OWN.
THE MEMBERS OF THE CONVENTION
NO SALARY GRABBERS.
A Motiou to Increase the Pay of the Mem
bers from Two to Four Dolars Voted
Down by a Handsome Majority.
COL.mBIA, S. C., Sept. 12.-One of
the livliest and most interesting de
bates during the session of the Consti
tutional Convention so far occurred
yesterday when the members refused
by a larae majority to pay themselves
four dollars per diem instead of two,
the amount fixed by the Legislature.
The subject was brought up by the
introduction of the following resolu
tion which was offered by Ex-Gov.
Resolved, That the members of this
convention shall receive as compensa
tion two dollars a day during the ses
sions of the convention and fve cents
per mile for each mile traveled com
ing to and returning from the conven
It was moved that the resolution be
referred to the proper committee, but
Mr-. Sheppard insisted on its immedi
ate consideration, holding that there
ought not to be any delay about it.
Tae Legislature in its wisdom had
fixed the salary of members and he
thought they were to accept it wheth
er they thought it was enough or not.
lie facetiously remarked that the con
vention would have a chance at Legis
lators salaries and might return the
compliment, but he thought the mat
ter could be disposed of as well now as
at any other time.
Mr. George Johnstone said that we
did not know yet what the expenses of
the convention would be. The appro
priation may or may not be adequate,
but so far as our own compensation is
concerned we owe it to ourselves to
speak out now. We ought to accept
the decision of the Legislature.
Mr. Breazeale didnt think the reso
lution carried out the terms of the Act
of the Legislature, but Mr. Sheppard
said it was in the identical words.
The immediate consideration of the
resolution was then ordered by a vote
of 116, the negative vote being so small
it was not counted.
The discussion of the subject w as
continued at some length, but in the
end the $2 people won.
Mr. Rogers of Marlboro, while con
sidering economy a good thing,
thought $2 was entirely inadequate
and he didn't believe in that sort of
economy. He moved to amend the
resolution by making the per diem $4
and he believed that was little enough.
Mr, Clayton moved to lay that mo
ti6n on the table as the members were
morally, if not legally, bound by the
action of the Legislature. He with
drew the motion temporarily in order
to:permit other members to express
Mr. H. C. Burn walked into the
middle aisle and made a roasing
speech in favor of $2 althoug-h he
thought it was not enough. He did
not think the Legislature had any
right to bind the convention, but it
was a patriotic duty to abide by the
result as the people expected them to
get only $2 per day. He considered
L'at the Legislature had got too "big
gity" in arrogating to itself the power
to bind the sovereign people of the
State, and although $2 would make
them stay in cheap boarding _houses,
yet from patriotism he was willing to
accept it. His remark were loudly
IAt this point Col. Aldrich moved
that as no rules had been agreed upon
that for the present a motion to lay
over shall not act to cut off debate.
Mr. Ellerbe said that last winter he
had not favored the $2 salary, but it
was passed by the Legislature ared the
ppropriation for the expnses of the
onvention was made on tht basis ani
t should not be changed. He believ ~d
hat if members got $4 per day it
ould have a tendency to prolong the
ession, whereas if they only got $2
hey would hurry up with the work
hey had to do.
Mr. McCalla of Abbeville favored
conomy, but he didn't believe that $2
as enough and he didn't believe the
people wanted them to serve without
amo their expenses paid.
Mr."P'rince of Anderson said while
the convention was in no way bound
y Lecislative action, he thought $2
houI be accepted because the people
xpected it. Let the convention fix
the salary at $2 simply because the
eople expected it to do so.
Mfr. Rogers again speakingr to the
ubject said that he did not believe the
cnvention to be either legrally or mor
lly bound by the action of the Legis
lature,, but this thing of $2 per diem~
as setting a race to carry economy to
n extreme that made it ridiculous.
his cry of economy had served dema
gogues in years past and he was will-1
ing to fix the salary at such a figure as 1
o rid the State of this demagogism.
e believed that the people were wil,
ing to pay fair salaries.
Lieutenant Governor Timmermian
said that the Legislature only made
the suggestion as to0 $2 and he thought
this body was willing to make sacri
lees for the common good of the peo
ple. He thought members owed it to]
heselves to pursue a wise and just
policy and accept the $2 per diem.
Mr. Berry said that when members
cepted the position of delegates they<
did it under a tacit contract that they(
ccept the $2 per diem. Members]
should not involve themselves in an ]
nconsistency by accepting $4 when 1
they were here to make a constitution
so that the administration of the gov
ernment could be economically done
in the future.
Senator Watson of Edgefield said<
that $4 wouldn't pay a business man to<
quit his business and come here. We
are here as patriots, he said, and he
hoped that a $4 per diem would not <
be insisted upon. He could get good
board here for $5 per~ week-just as
ood as at home. He hoped the Leg-2
~slature of the future would not de-<
niand more than $3 per day.<
Ho0w THEY VOTEI).
There were several calls for the
question and the ayes and nays were ]
emanded and resulted as follows:
Ayes-Gov. Evans, Aldrich, Alex- (
ander, Ashe, Atkinson, Bates, Berry, ]
3owen, Bowman, Bradham,Breazeale, t
Brice, J. S., Brice, T. W., Bryan, <
Buist, Burn, Byrd, Cantey, Carver, <
layton, Cooper, Dennis, Dent, Der- t
ham, Doyle, Efird, Eillerbee, Estridge,
Evans, Field, Floyd, Fraser, Gamble, I
Garris, Gary, Gill and, Glenn, Good
ing, Graham, Gray, Gu~nter, Hamel, t
Harris, Harrison, Ylay, Haynsworth, a
enderson, D. S., Henderson, W, E
Henry, Hiers. Hlodges, Hutson, Irby, <
Johnstone, Jones, ira B., Jones,'Wilie,
eitt, Kennedy, J. W., Lee,Lowmnan,
Mahan. McWhite, Matthews, Meares,
Mitchell, Morrison, Mower, Nash, Na
thans, Nicholson, Oliver, Otts. Parler.
Pattersou, Patton, Peake, Prince, Bags
dale, Roseborough. Rowland, Russell,
Sheppard, Shuler, Singletary, Sloan,
Smith, A. J., R. F.. J., W. C..Smoak,
Stackheuse, Stokes, Stribling, Sulli
van, Talbert, Tillman, G. D. and B.
R., Timmerman, Watson, Wells,
Wharton, White, A. H. and S. E.,
Wiggins, Wilson, Stahyarne and W.
Nays-Anderson, Austin, Barker,
Barry, Bobo. DeHay, Dudley, Far
row, Fitch, Gage, Glenn, Hemphill,
Eowell, Jervey, Johnson, Kennedy.
E. F., Klugh, McCalla, McCaslan,
McGowan, McMakin. Montgomery, J.
D. and W. J.. Murray, Parrott, Per
rtte, Read, Redfearn, Rogers, Scar
borough. Sligh, Smalis, Taylor, Von
Figures Showing the State of Cotton in
WAs-HINTo%, SepL 11.-The Sep
tember cotton crop report for the De
partment of Agriculture shows a de
cline from the A ugust condition of the
crop, whi.:h was 77.9 to 70.8 per cent.,
s.decline of 7.1 per cent
This makes the lowest condition
since ISSI, when it was reported at
70 percent. The next lowest since 1881
was the condition of 1893 when it stood
for the same month at 73.3 Cotton suf
fered severely during the month of
August from the drought which char
a(rterized the early part of the month
and excessive rain which succeeded.
The presence of boll worms has work
ed great injury by shedding aid rust.
TIhe causes mentioned by Texas cor
respondents for the deteioration in
lhat State are as follows:
Drought, hot weather, floods, boll
worms, sharp shooters, Mexican
weevil, caterpillers., army worms and
There is a striking unanimity in the
pressimistic tone adopted by corres
pondents throughout all of the cotton
raising States. The State averages are
Virgina 84, North Carolina 79,
South Carolina S1, Georgia 81, Frorida
79, Alabama 74, Mississippi 77, Louis
ana 75, Texas 56, Arkansas 79, Ten
nessee 76, Kentucky 85.
THE WEEKLY BULLETIN.
The following is the weekly weath
er crop bulletin issued by the weather
South Carolina-Hot and dry week;
growing of cotton practically stopped,
bolls opening rapidly and picking
general except in the western portions
?ew boll worms reported.
Georgia-Favorable week for crops
and farm work; rainfall scattered, but
generally suflicient; cotton opening
rapidly and packing becoming gener
al, except in most northerly counties;
s1edding and rusting still reported.
but no insects.
Florida-Rainfall deficient and
week favorable for harvesting; cotton
still ravaged by rust; is generally in
uasatisfactory condition it is opening
rapidly on highlands.
Alabama-Temperature high and
showers frequent, though conditions
more favorable for cotton than for
some time past; lower crop of cotton
opening rapidly and picking becom
ing general but slow on account of
damage by worms, rust and rot; top
Mississippi-No material improve
ments in condition of cotton. Pairs
green and other stuff being successful
y used in some section to check rav
ages of worms and other insect pests.
Louisiana-Week hot and sunshiny
with showers on the third but on
ly scattered showers since; opening
rapidly and picking general; some
damage from worms; poisoning con
Texas-The weather has been favor
able for cotton picking, which has
progressed rapidly; worms and other
isects are damgmg cotton in some
localites; rain is needed for late cot
Arkansas- Condition of cotton re
mains unchanged except in northeast
section, where it has improved ; com
plaints of rust, shedding and boll
worm has appeared in localities; cot
Ion opening fast and picking will be
:ome general within two weeks.
Tennessee--Drought in extreme
western portions seriously affected
BLOWN TO DEATH.
I Horrible Accident to Soldiers in Louis.
LOU IsVILLE, Ky., Sept. 11.-Four
nembers of Louisville Legion were
nstantly killed this morning, by the
~xlosion of ammunition in the cais
on of thegun which was being driven
*o Phoenix Hill for service in connec- t
ion whith the G.- A. R. parade. 1
The victims were Corporal A. L.
lobinson, 2233 Gravson street: (
rivate C. Woods, 10'31 Vine; Private
L. McBride, 425 West Chestnut.<
illiam Adams colored driver. The
oldiers killed where members of bat
ery A., and belonged to a section of
;ix in charge of one of the guns. Capt.
)avis Castlemen was in command.
he four unfortunate men were seat
d on the cassion. Sergt. Fred. Conn
Ld Private E. M. Hobbs were injur-3
d though not very seriously.c
jonn's left hand was lacerated and t
eft eye and face, powder burned.(
iobbs's back was sprained, eye brows
>urned and eye slighted injured. Both I
.e suffering from the shock. Anothery
nember of the battery, whose name ise
tot yet learned, is reported missing.
japt.~ Davis Castlemnan who was in,~
harge, was riding at the side of the(
.etel. He escaped injury. s
The contained sixty pounds of pow- c
er, enough to fire forty rounds. Thet
auseof the accident is inexplicable. z
he report that one of the men was (
moking, i~s denied by Capt. Cast~e- s
aan. Capt. Castleman said it was one t
f those unfortunate accidents that t
annot be guarded against. The ac
ident happened about 5:51 o'clock. s
~he battery section was proceeding to s
'hoenix Hill, to fire forty salutes in
tonor of the G. A. R., and had reach- .ti
d a point between the Avery and c
all residences for Broadway, be- t3
ween Third and Fourth, when the ac- a
ident occured. The legion hospital a
orps was notified and hastened to the
cene. Gov, John Young 13rown
ras stopping with Major George B3.i
aston was asleep in bed. The explo- ja
ion stanned him, and it was some a
ime bafore he revived. is. Easton p
ras in the bath room at the time. o
ihe sa v the f1ash, and was knocked a
' her' feet by the explosion. Shle c:
ras badly stunned, but as soon as she o
ras brought around, began minister d
THE NEW CONSTITUTION.
SOME OF THE PROPOSITIONS THAT
HAVE BEEN SUBMITTED.
The Regulation of the Suffrage- The Ad.
mission of New Countles--A New Jur3
System--Municipal Elections and DL
COLU3BIA, Sept. 11.-Here are thE
important propositions that have beer
offered for the serious consideratior
of the people of South Carolina,
through its delegates in the conven
tion. The most important of the
batch sutmitted comes from Senator
Efird, one of the recognized Reform
leaders of the State. It was Mr. Efird
who introduced the Convention bill in
the! Senate. His plan of regulating
the suffrage is as follows.
THE RIGHT OF SUFFRAGE.
St etion 1. All elections shall be by
Sec: ion 2. Every male citizen of thE
United States and every male persor
of foreign birth who has lawfully ex
pressed his intention of becoming s
citizen of the United States, who ha.
attained the age of 21 years and wh<
shall have resided in the State foi
three years and in the county and pre
cinct in which he offers to vote for twc
years next preceding the election al
which he offers to vote, and who shal]
have paid all State and county and
poll taxes legally assessed against him
for the two years next preceding the
election at which he offers to vote,
within the time allowed by law foi
payment without penalty, shall bE
permitted to vote at any e'ection in
this State, provided such elector, as v
further qualification, possesses either
one of the following qualifications:
First. lIe shall be able to readin the
English language, and give a reason
able interpsetation to any section of
this Constitution, or
Second. He shall be able to copy it
a legible English writing any section
of this Constitution.
Third. Or he must pay taxes or
three hundred dollars worth of prop
erty, real or personal, or both.
Fourth. Or he must own in fee sim
ple for life, in trust, or as tenant for
years, a lot or piece of land in th<
county in which he offers to vote.
Fifth. He must have been entitled
to vote under the laws of this State on
the 1st day of November, A. D. 1860.
Section 3. It shall be the duty of thE
Legislature from time to time to pro
vide for the registration of electors,
and such registration shall be conclu
sive evidence to all election officers,
Judges and Courts of the qualifica
tions of the electors to vote under this
Section 4. The General Assembly
shall never pass any law that will de
prive any of the citizens of the right
of suffrage, except for treason, mur
der, burglary, larceny, perjury, forg
ery or any other infamous crime or
duelling, whereof the person shall
have been duly tried and convicted,
excepting as also above provided in
this article; also the following classes
of persons shall not be allowed to vote
in this State:
1. Persons under 21 years of age.
2. Idiots, lunatics.
3. All paupers supported by any
4. All soldiers, mariners and sea
men employed in the service of the
army or navy of the United States.
Section 4. For te purpose of voting
no person shall be deemed to have lost
his residence by reason of absence
while employed in the service of the
United States, nor while engaged upon
the waters of this State or the Unmted
States or of the high seas, nor while
temporarilly absent from the State.
Section 5. No soldier, seamen or
marine in the army or navy of the
United S-:ates shall be deemed a resi
dent of this State in consequence of
having' been stationed therein.
Section 6. Electors shall in aleases,
except treason, felony or breach of the
peace, be privileg-ed from arrest and
civil process durmng their attendance
at elections and in going to and re
turning from the same.
Section 7. Everyr person entitled to
vote at any election shall be eligible
to any office which now is, or hereaf
ter shall be, elective by the people in
the county where he shall have resid
Id two years previous to such election,
except as otherwise provided in this
onstitution or the Constitution and
laws of the United States.
Section 9. Presidential electors shall
be elected by the people.
Section 1'). In all elections held by
;he people under this Constitution the
aerson or persons who shall receive
;he highest number of votes shall be
NEw COUNTIES AND) CoURTs.
Mr. Efird, of Lexington, also offered
Sresolution which will prove vital to
hose who have new county schemes
mder way. The resolution also deals
vith the county otlicers and County
Turts. The resolution reads:
Section 1. Each county shall form
>n election district.
*Section 2. The present boundaries
>f the counties of the States shall re
uain as now established until other
vise provided by law.
Section :3. In each county shall be
lected by the qualified electors thereof,
in the first Tuesday after the first
dionday in November, A. D. 1896, and
n the same day in every fourth year
hereafter, a clerk of the Court of
Xmmon Pleas and General Sessions,
sherit, a county Judge, who shall
old their of lices for the term of four
ears and until their successors are
lected and qualified, and such other
flicers as many be provided by law.
Section 4. -The clerk of the Court of
ommon Pleas and General Sessions
hall, by virtue of his onfice, be the
lerk of all other Courts of record held
herein, but the G-eneral Assembly
say provide that the Judge of the
k-unty Court be his own clerk. The
aid clerk shall also be ex-officio regis
er of mesne conveyance for his coun
v unless otherwise provided by law.
Section 5. The General Assembly
hall prescribe the duties and compen
ation of all county officers.
Section 6. In case of death, resigna
oor removal of any county oflicer,
r of a vacancy from any other cause,
die Governor shall appoint some suit
ble person to fill out the unexpired
Section 7. The re shall be established
1 each county a Cot'uty Court, with
irisdiction in all matters testamentary
nd of administration, in business ap
ertaining to minors and the allotment
f dower, in cases of idiocy and lunacy
nd persons non coimpos mentis, in all
riminal misdemeanors, in all matters
f contract, debt, fines, forfeitures and
amages, when the amount involved
in all actions for die partition of real
estate only, in actions between land
lord and tenant when the title to the
land is not in dispute and such other
matters as the General Assembly may
designate: Provided, that this Court
shail not have jurisdiction in actions
involving the title to real estate.
Section 8. That a sufficient number
of committing magistrates may be ap
pointed by the Governor in each for
the convenience of the citizens in hav
ing criminals apprehended and com
mitted for trial.
Section 9. The General Assembly
shall provide by general law for or
ganizing new counties, locating the
county seats temporarily and chang
ing county lines. But no new county
shall be formed unless it shall contain
within the limits thereof property of
the valuation $2,000,000, as shown by
last preceding tax returns, and not
then unless the remaining portion of
the old county or counties shall each
contain property of at least $3,000,000
of assessable valuation by the last as
sessment; and no county shall be or
ganized, nor shall any'organized coun
ty be so reduced as to contain less than
one-sixtieth part of the inhabitants of
the whole State, both to be determined
by the last national or State census,
and in case any portion of an organized
county or counties is stricken off to
form a new county shall assume and
be holden for an equitable proportion
of the indebtedness of county or coun
ties so reduced. No county shall be
devided unless a majority of the quali
fied electors of the territory proposed
to be cut off shall vote in favor of
Section 10. No new county shall be
formed of less than five hundred square
miles; nor shall any organized county
be reduced in area bilow five hundred
square miles and no county lines shall
be run nearer any existing Court
House than ten miles.
Mr. D. S. Henderson, of Aiken,
comes to the Convention with a num
ber of prepared resolutions, which
will be the most important among all
the resolutions to be submitted to that
To-day he offered the following re
A NEW JURY SYSTEM
by which the numbersof j en and
their votes are to be change:
Be it resolved and ordained by the
people of the State of South Carolina
in Convention assembled and by the
authority of the same, That the follow
ing provisions shall constitute Section
-of Article-of the Constitution of
In the Court of General Sessions
there shall be a grand ju and such
petit or trial juries as the neral As
sembly shall direct; the grand 'ury
shall consist of eighteen memb
twelve of whom must agree on a mat
ter before it can be submitted to the
Court. Each petit or trial jury in the
General Sessionsshall consist of twelve
men, all of whom must agree to a ver
dict or it shall not be binding.
In the Court of Common Pleas the
juries shall each consist of twelve men
and a verdict shall be good if agreed
to by nine members thereof.
The term of the grand juries shall
be for one ear and the General As
sembly shall provide that at least one
third of the members of the outgoig
grand jwy shall be members of the in
coming grand jury: Each juror must
be a voter qualified under the provi
sions of this Constitution. between the
ages of 21 and 65 years 'and men of
good moral character.
THE3IATITER OF DIVORCE
by which the door to plural marriage
is left slightly ajar.
Be it resolved and ordained by the
pole of the State of South Carohn,
in Cnvention assembled, and by the
authority of the same, That the follow
ing provision shall constitute Section
-of Article-of the Constitution of
Divorces from the bonds of matri
mony shall not be allowed but by the
judgment of a Court rendered upon
the verdict of a jury, and no divorce
shall be granted except for adultery,
and the guilty party shall not be per
mitted to marry agamn.
This, Mr. Henderson thinks, will
suit the demand of Carolina for all
Be it resolved and ordained by the
pole of the State of South Carolina
in Cnvention assembled and by the
authority of the same, That the follow
ing provisions shall constitute Section
-of Article-of the Constitution of
Section 1. In all elections held by
the people in incorporated cities, towns
and villages of the State for officers
thereof electors shall vote by ballot
and every male inhabitant of such
cities, towns or village 21 years of age
and upwards, except idiots, inane
persons and paupers, and who shall
have been a resident of the State for
twelve months and of the city, town
or village in which he offers to vote
for six months, and of the voting pre
cinct or ward for one month, and who
has never been convicted of treason,
murder, robbery, duelling, bribery,
bura-lary, arson, obtaining money or
go~ under false pretence, perjury,
farceny, embezzlemenit2 forgery or
bigamy, and who shall oe able to read
any article of this Constitution, or any
section of the Statutes of this State,
and who can write his own name, or
who, in his own right, shall be possess
ed of taxable property in such city,
town or village of the value of one
thouand dollars as appears on the tax
books, and who have paid all of his
taxes to said city, town or vlilage,
shall be deemed qualified as a voter
and on registering as provided by.law
shall be entitled to vote at all elections
by the people for the officers in such
city, town or village.
Section 2. That in all elections in
incorporated cities, towns and
villages of this State for the
purpose of bonding the same, or for
raising revenue, the voters of said
cities, towns or villages who are quzali
fied accordinvr to the preceding section
and are realI estate owners in such
cities, towns and villages, or author
ized agents of real estate owners there
:>f, shall be deemed qualified to vote
in such elections..
Section 3. The General Assembly
shall provide by law for the registra
tion of all electors or persons qualified
to vote in the elections to be held in
incorporated cities1 towns and, villages
and suitable remedies by appeal or oth
rwise shall be provided for the cor
rection of improper registration and
for securing registration to any who
may be improperly denied, and no pr
son shall be allowed to vote who shl
not have regist.ered according to law;
registration by the pro~ officer is
hereby declared a conion prere
quisite to the exercise of the suffrage