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VOL. XI. MANNING, S. C, WEDNESDAY, OCTOBER 23, 1895. NO. 13.
DOWN TO HARD WORK.
THE CONSTITUTIONAL CONVENTION
REASSEMBLES IN COLUMBIA.
The Unfinished Busino Taken Promptly
In Hand-Several S.ections Adopted.
What Was Said and Done.
CoLuMBLt. Oct. 16.-Special: The
constitutional convention reassembled
yesterday pursuant to the resolution
providing for the recess. Governor
Evans, the president. was absent from
the city attending the opening exer
cises of the Winthrop Normal and
Industrial College. The body had just
gotten through with the routine pre
liminaries, when attention was called
to the death of Dr. J. 0. Byrd, one of
the members of the convention, and
the body at once adjourned out of re
spect to his memory until 10 o'clock
this morning.after passing resolutions
in regard to the sad occurrence.
When the convention was called to
order, the proceedings of the day were
opened with prayer by the Rev. Mr.
Abney. There were exactly 65 mem
bers in their seats when the body was
wrapped in order, but in a short time
more came in and before the sudden
adjournment came, 83 out of the 160
members were in the hall.
The journal of the last day's session
was read and revised, only .some im
material changes being made.
Mr. McCown then rose and stated
that it was his sad duty to inform the
convention of the death of one of the
members of the Florence delegation,
Dr. J. 0. Byrd, which occurred dur
ing the recess. He then sent up the
following preamble and resolutions
which were promptly adopted:
Whereas, it has pleased the All Wise
Ruler and president of the convention
omnipotent to remove from our midst
our friend and co-laborer in the work
of this convention, Dr. J. 0. Byrd,
aelegate from Florence county, and
recognmzing and appreciating his in
domitable energy, sterling worth and
earnest labor in the effort to secure
magnificent results-a good constitu
tion, therefore be it,
Resolved, That in the death of Dr.
James 0. Byrd, who departed this life
suddenly on the afternoon of the 13th
inst., at his home in Timmonsville, S.
C., this convention has sustained a se
.ious loss and the State is deprived of
a valuable citizen and able legislator.
Second, That we, his friends, while
:submissively bowing to the will of
Him, will cherish his memory and
mourn his departure, our loss, and
sympathize with his family.
Third, That a page of the proceed
ings of this convention be dedicated to
Fourth. That a copy of the forego
ing preamble and resolutions be suita
bly engraved under the supervision of
the clerk of this convention and given
the delegation from Florence county
to be by them transmitted to his wife
and family. As a further mark of re
spect in honor of his memory, I move
that this convention do now adjourn
and that an hour on Thursday, the
M at 11 o'clock a. m. be set apart for
it&consiaeration of the above resolu
When these resolutions were passed
the convention stood adjourned.
After the reading of yesterday's
'ournal this morning Mr. McWhite of
lorence offered the following:
Whereas a vacancy has occurred in
the delegation to this convention from
the county of Florened, occasioned by
the death of Hon. J.0O. Byrd, which,
under the law, must be filledby an
election to be ordered by the secretary
of state, and whereas it is not deemed
-neesay to inflict upon the people of
said county the expense incident to an
election to fill said vacancy. Therefore
- Resolved, Thatthe secretary of state
is hereby authorized to withhold a
'writ of election to fill the vacancy.
On motion of Mr. Mc~own this res
.olutionu was laid over..
The president then settled all doubt
-as to what the convention would take
up by calling up section 36 of the arti
ele on leisatve department, which
proibiedthe enactment of special
liaws by the general assembly on cer
The section as reported read as fol
Section 36. The general assembly of
this State shall not enact local or spe
cial laws concerning any of the fol
lowing subjects, or for any of the fol
lowing purposes, to wit:
1.-To change the names of persons
2. To lay out, open, alter, or work
roads or highways.
3. To incorporate cities, towns or
vi~gesor hane, amend or extend
4. To incorporate educational, reli
gious,charitable, social manufacturing
5. T~ incorporate school districts.
6. To authorize the adoption of legit-I
imization of children.
7. To provide for the protection of
8. To summon and empanel grand
or petit jurors.
9. To provide for the age at which
citizens shall be subject to road or
other public duty.
10. To fix the amount or manner of
compensation to be paid to any county
officer, except that the laws may be so
made as to grade the compensation in
.proportion to the population and nec
essary service required.
11. In all other cases, where a ten
.eral law can be made applicable no
-special law shall be enacted.
It had no sooner been called up
t han Mr. Gage offered the following
1 - be added to the section to be known
as subdivision 12:
12. The general assembly shall
: orthwith enact general laws concern
: ig said subjects for said purposes,
* .hich shall be uniform in their opera
Mr. Ragsdale thought it was unwise
t~o have an iron-clad law. It was going
.step too far to have absolute unifor
-ity. The same conditions should
2 be made to apply to smaller and
--larger counties alike.
Mr. Gage said he did not wish to
make the matter too binding on the
general assembly. The figures showed
what the trouble was. In the last five
years the legislature had passed 296
general laws and 1,149 srecial acts.
M&any counties had theii domestic
troubles regulated in the convention.
His only object was to stop this. He
quoted some more statistics obtained
from the legislative records, which
were entirely convincing.
Mr. Ragsdale moved to amend the
amendment by adding the words
"'provided that nothing contained in
this section shall prohibit the general
asembly from enacting special pro
visions in general laws."
These amendments were then con
sidered and adopted in the following
shape. as subdivision 12:
12. The general assembly shall
forthwith enact general laws concern
ing said subjects for said purposes,
which shall be uniform in their oper
ations. Provided, that nothing con
tained in this section shall prohibit the
eneral assembly from enacting spec
ial provisions in general laws.
Mr. Stokes moved to amend the sec
tion by striking out subdivision 4,
which forbid legislation incorporating
educational, religious, charitable, so
cial, manufacturing institutions. He
said these institutioLs might have to
be incorporated at some time.
Mr. Wilson's amendment was then
adopted. This left subdivision 4 in
4. "To incorporate educational, reli
gious, charitable, social, manufactur
ing or banking institutions not under
the control of the State."
Mr. VonKolnitz offered a further
amendment by adding "providing that
existing charters may be amended or
altered." Mr. VonKolnitz cited an in
stance in which great hardship was
being worked, involving a legacy of
Mr. Gage said he was willing to add
the words "or amend twe charters
thereof," so that everything could be
done by general laws.
"Ir. Stokes thought that this was the
wrong place to bring this matter up.
Mr. Sheppard moved to amend by
adding "and to amend or extend the
Mr. Bates moved to strike out sec
tions 3, 4 and 5, giving his reasons
Mr. Gage hoped that this amend
ment would not prevail. as it would
allow all the expensive corporations
of towns, villages, etc., which they
were trying to avoid. The legislature
will pay no attention to a general law
if they allow that body to pass special
laws of incorporation.
Mr. Bate's amendment was lost.
The substitute offered by Governor
Sheppard was then adopted
Mr. Meares moved to strike out sub
division 3 of section 36. He maintain
ed that the subject matter was covered
Mr. Gage said that there was no
harm in making the matter very em
phatic so there would be no trouble.
Mr. Bates was in favor of Mr.
Mr. Klugh offered the following
"Strike out lines 1. 2 and 3 of sec
tion 36 and insert the following: The
general assembly shall as soon as pos
sible after the adoption of this Consti
tution enact general laws, which shall
be applicable on the several cases em
braced in this section, to wit."
The president stated that this was
already covered. Mr. Klugh said it
was merely prohibitive as it stood
now; it should be made affirmative.
Mr. Klugh's amendment was voted
Mr. VonKolnilz endeavored to get
the relief he was after by offering the
following amendment to section 36 to
be known as subdivision 13 of the sec
"13. The provisions of this section
shall not apply to charitable and edu
cational corporations where under the
terms of a gift, devise or will special
incorporations may be required."
The amendment was adopted.
Mr. Johnstoneoffered the following
o be known as subdivision 14 of sec
"14. Nothing herein contained shall
rohibit the general assembly from in
orporating by special enactment cor
orations of a character -other than
hose herein named."
Mr. Sligh said subdivision 11 cover
d the subject matter of this amend
Mr. Sheppard moved to indefinitely
M.Joimstone explained why he of
fered the amendment. The motion to
idefinitely postpone was then carried.
Section 36 was then adopted as a
Sec. 37 was then taken up and the
hairman of the committee, Mr. Sligh,
oved to strike out the whole section.
Ee thought it was a hardship to make
a man ineligible to office for two years
ven though he may resign as a mem
ber of the general assembly.
This section read as follows:
Sec. 37. No member of the general
assembly of this State,during the term
for which he was elected, shall be eli
gible to any office to be 6lled by an
lection by the general assembly and
o judge in this State during his term
f office shall be eligible to any other
han a judicial office.
Mr. Buist wanted to -introduce an
mendment, but was ruled out of or
Mr. Glenn was in favor of the sec
tion as it stood. He wanted purity
mong the members of the general as
embly. He did not want to see tempt
ation thrown in the way of any mem
er of the general assembly. He
hought that this section would do
much to elevate the legislators.
Senator Tillman said that the matter
must be looked at practically. They
were going on the supposition that the
e-isluture would elect the judges. It
was by no means certain that it
would. He hoped the people would
elect all offiocrs. This section was an
indictment any way they looked at it
that there has been debauchery and
bribery on all past legislation in this
State. He was glad to see this ideal
scheme to place the people on a higher
plane. I dislike to mention it, but let
s look at one practical matter. The
legal fraternity has been in sympathy
with the people. They number some
600 men and only about 30 of them
aave been on the people's side. We
have been simply forced to take men
who were perhaps not the men we
would have chosen, who were not as
able as the men we would have select
ed, and put them on the bench. He
intended no partisan references here.
He said they had better leave well
enough alone. If a legislator was
made ineligible to otlice, the best men
would be kept out of the body. He
was afraid this was a Trojan horse.
Ihe legislature should be allowed to
elect judges from its own number, if
they were not going to place the elec
tion in the hands of the people.
31R. BUR~s TALKS OUT.
Mr. Burns respected the members of
the legislature, but who were they
160 men chosen by the people. To be
a lawmaker is the highest function of
the individual. But the people were
the power behind the throne. 'What
was it that pulled down the high plane
of public men? Who was it that
originated that word "bamboozle"? It
has rung throughout the State. He
had never known a dishonest member.
Tillman-I have never oeen a mem
ber of the legislature, and you have.
Mr. Burns-Yes,we took you up an<
opened the way for you, and now w<
want you to open the gates for the
people. The people were the real mas
ters and they didn't want to have t<
hold one office before they could hold
another. We are not going to take
the old party harness that has been
worn all over and put it on ourselves
Wanted to elevate the legislative
branch of the government. The leg
islature should not be allowed to elec
Tillman-Can you get rid of the ob
jection that if you prohibit men from
being eligible to office, you will keep
the best men at home?
Mr. Gage-The best men in my
county do not go to the legislature. ]
say this advisedly. They don't wan
to scramble for election.
Tillman-Well that is an indictment
against Democracy and the rule of th
LIr. R. R. Hemphill could see nouse
of such a provision. He had served
three years in the house and eigh1
years in the senate. He never knew a
man there who could be influenced.
He differed with Mr. Gage. Good met
had been elected judges in the past.
The legislature had elected Judge Mc
Gowan, than whom no abler or better
man ever occupied the bench-a mat
that was honest and conscientious.
Then they elected Judge Hudson, at
honorable man in every sense of the
word. And there was Judge Wither
spoon. These men he differed with ot
some things, but nothing could be said
The motion to strike out section 31
was carried by a vote of 72 to 42.
Senator Tillman then offered the fol
lowing amendment to be known as sec
Section 38. The general assembly
shall submit to the qualified electoy s in
the year 1895 and every twentieth year
thereafter the question of calling a
Constitutional convention; and if the
majority of the electors shall vote in
favor thereof, then, at its next session,
the general assembly shall order an
election for delegates to said Constitu
After it was voted down Senator Till
man said he wanted to speak. He want
ed to make a brief explanation. He
called attention to the two-thirds vote
necessary to get amendments in or call
a convention. The theory of the State's
government was the rule of the ma
jority. He referred to the trouble they
had had in getting this present conven
Mr. Prince raised the point of order
that section 3 of the article on amend
ments covered the samesubject matter.
President Evans sustained the point.
He ruled that the only way it could
get in was for it to be adopted as a
part of the legislative article and let
the committee on style and revision put
it in its proper place or get that com
mittee to report it to the convention.
There was quite a kick against the
ruling of the chair and President
Evans allowed the convention to take a
vote as to whether they would consider
the matter or not. The convention
voted to do so.
Mr. Haynsworth suggested that as
1915 was an off year they had best
make it read 1916. This was agreed to.
Governor Sheppard said he hoped
that this provision would not pass.
The two-thirds vote should remain
there forever as a protection to the peo
Tillman-Are you afraid to trust the
Sheppard-There has been no man
since the days of Thomas Jefferson
who has a higher readfor the opin
ion of the people tan I have. But
why make it obligatory upon the leg
islature to do this?
The vote was then taken and the Till
man section was killed, the vote being
47 to 65.
Mr. Johnstone offered a substitute
for the amendmentto section 38, which
made the section include allowing pen
sions to be granted to naval veterans.
Mr. W. D. Evans offered an amend
ment to section 14 which read as fol
"Section 34. The marriage of a white
person with a negro or multto, or per
son who shall have any negro blood
shall be unlawful and void and punish
able as the general assembly may di
The amendment read as follows:
"Provided, that this section shall
not be so construed as to disqualify for
marriage with white persons any per.
son of his or her issue who shall have
at or before the adoption of this Con
stitution the status of white persons."
This broug~ht "Uncle George" Till
man to his ?eet. He was very unwell.
He wished he was able to speak. He
said ho felt humiliated the other day
when the negro delegate from Beau
fort clapped his. hand and said the
oons had the dogs up the tree. The
junior United States Senator and the
gentlman from Newberry brought
this humiliating matter in. If the sec
tion stands as it is the convention will
stultify itself. The Mississippi "one
eighth" clause, he had found, was cop
ied from the old South Carolina law.
He knew many families in Aiken, Col
leton and Barnwell who would suffer
terribly from this. -Let this stand and
there are hundreds of families in these
counties who would be -in a fearful
condition-families regarded as among
the best. The full-blooded Caucasian
race has gone. You have either In
dian blood, negro blood, Arab blood
or some other blood in your veins.
The first white man was a wild barba
rian and was not civilized until he had
rossed in some measure with "one of
the lighter colored races. All knew
how people would fly after property
which belonged rightfully to other
people, particularly against their own
kin folks. Did they want to offer a
premium for feuds and for shooting?
What man would stand and hear his
mother's name stigmatized by rascals,
who are hunting and seeking property?
This "one-eighth" clause was nothing
but the law South Carolina had lived
under for years. He moved that the
amendments offered by Messrs. B. R.
Tillman and Johnstone be laid on the
table. The point was raised that the
clincher had been put on those amend
Mr. Evans' amendment was then
read. Judge Fraser offered the follow
ing brief substitute, which Mr. Evans
'Provided, the status of a person
who has heretofore been recognized as
legally white shall in no way be af
fected by the provisions of this sec
Mr. Sheppard asked the unanimous
consent of the convention to allow Mr.
G- D. Tillman to have his motion en
tertained. The convention had clear
ly made a mistake.
M. Johnstne a opposedma to this.
Mr. Sheppard moved to recommit
the section back to the committee with
instructions to bring the matter back
in a shape covering the subject.
Mr. Johnstone took the same posi
tion he had presented in all debates on
this question. There were perhaps
500 boys in Charleston classed as ne
groes today, with less than one-eighth
of negro blood in their veins. There
are perhaps 200 in Columbia. Are you
going to turn them loose? He did not
want negro boys turned loose knock
ing at the doors of good white people
asking for admission into their fami
lies with no power to deny it. One
hundred years have passed and
we have 5,000 to 10,000 people of this
class in this State. All he contended
for was the preservation of the two
races as distinct races as God created
Gen. Robert Smalls hoped that the
matter would be referred back to the
committee and that the committee
would not send it back to the conven
Mr. Sheppard's motion to recommit
was then called.
The further consideration of the ar
ticle on legislative department was
postponed till 10 o'clock today.
The report of the committee on fi
nance and taxation was passed over
along with several other matters of
The report of Mr. McWhite as to cer
tain bills presented to his committee
THE PUBLIC INsTITUTIONS.
Section 1 of the article on penal and
charitable institutions was adopted
without debate, as also were the fol
Section 2. The regents of the State
hospital for the insane, and the super
intendent thereof, who shall be a phy
sician, shall be appointed by the gov
ernor by and with the consent of the
senate. All other physicians, officers
and employes of the hospital shall be
appointed by the regents unless by the
Section 3. The respective counties of
this State shall make such provision.
as may be determined by law, for all
those inhabitants who, by reason of
age, infirmities and misfortunes, may
have a claim upon the sympathy and
aid of society.
Section 4. The directors of the be
nevolent and penal institutions which
may be hereafter created shall be ap
pointed or elected as the general as
sembly may direct.
Section 5. The directors and supin
tendent of the penitentiary shall be
appointed or elected as the general as
sembly may direct.
Section 6. All convicts sentenced to
hard labor by any of the courts in this
State may be employed upon the pub
lic works of the State or counties and
upon the public highways.
(At the request of the committee sec
tion 7 relating to the State board of
charities was passed over until later.
Section 9, the last section took the
Section 8. Provision may be made
by the general assembly for the estab
lishment and maintenance by the
State of a reformatory for juvenile of
fenders, separate and apart from hard
Mr. Evans moved to strike out see
tion 8, but this was lost and the section
Mr. Evans then moved to reconsider
the vote whereby sectiolns 4 and 5 had
been adopted, -. but the convention re
fused to do so.
The unfavorable report of the com
mittee on judcial department on the
following was adopted, and the ordi
"Be it ordained. That each public
office; or person in the service of the
State or any subdivision thereof shall
be paid a stipulated salary, and that
all fees collected by him shall be paid
to the State treasurer or to the treas
urer of such subdivision as the legisla
ture may direct."
The petition from the W. C. T. U.
relating to the age of consent, with
unfavorable report attached, was ta
Mr. Henderson's ordinance to auth
orize the issue of State bonds to enable
counties to do business on a cash basis
was passed over, its author being sick.
At Mr. McMahan's request his ordi
nance, withunfavorable report attach
ed, to provide for a department of roads
and forestry, was also passed over.
- Mr. McMahao's jury oidinance,
unfavorably reported, was called up. It
read as follows:
'Be it ordained,. by the people of
South Carolina,through their delegates
in convention assemnbled, the general
assembly may provide for the finding
of a verdict in any class of cases upon
the concurrence of less than the whole
number of a jury.
Mr. McMahan adlvocated his measure
at length. Mr. Burns made a good
speech on the other side saying that
in the 12 men jury lay the safety of the
people. On motion of Mr. Stanyarne
Wilson, the unfavorable report was
Mr. Ragsdale subsequently had
something to say in favor of the ordi
.The convention then took a recess till
8 p. mn.
THE NIGHT SESSION.
When the convention reassembled
the. article on penal and charitable in
stitutions was called, and section 7
passed in the morning was tajcen up.
Mr. Gooding, the chairman of the
committee, offered the following sub
stitute for the section which was
Section 7. The governor, with four
citizens of this State, to be appointed
by the governor, shall constitute a
State board of charities and correc
tions, of which the governor shall be
ex-oflicio chairman.- They shall ap
point a secretary, whose compensation
shall be fixed by law at the next ses
sion of the general assembly after the
adoption of this Constitution. It shall
be the duty of the secretary to visit
and inspect all the public and private
penal institutions of the State, includ
ing county and municipal almshouses,
jails and prisoners, and report to the
board, who shall report annually to
the general assembly the state and
condition of the several institutions
fully and particularly. The said
board shall be advisory only, and
shall not possess executive authority.
Mr. Bellinger, at the request of the
committee on jurisprudence, presented
Section S. The penitentiar-y and the
onvicts thereto sentenced shall for
ever be under the supervision and con
trol of officers employed by the State;
and in case any convicts are hired or
farmed out, as may be provided by
law, their maintenance and discipline
shall be under the direction of oflicers
detailed for those duties by the au
thoitie of' the pnitentiary.
This was adopted.
Mr. Gooding offered as an amend
ment to Section 9 so that the section
Section 9. The governor shall have
power to fill all vacancies that may
occur in the offices aforesaid. except
where otherwise provided for, with
the power of removal until the next
session of the general assembly, and
until a successor or successors shall be
appointed and confirmed.
This amendment was adopted.
The whole article was then sent to
its third reading.
Mr. Otts moved to make the reports
of the committee on counties and
county government the special order
Mr. Patterson moved to amend by
making it Monday next. As so
amended the motion prevailed.
THE BILl OF RIGHTS.
The report of the committee on de
claration of rights was taken up.
Mr. Ragsdale of Fairfield moved to
amend section 1 by making it read
that they shall have the right to
change the form of government in
such manner as is prescribed by law,
and not "as they may deem expedi
Mr. Ragsdale called attention to
where an attempt was made to change
the form of government by resolution.
He did not think the rights of the
people should be abridged, but he
thought they should be required to
proceed according to the forms of
The amendment was adopted.
The section as adopted reads as fol
Section 1. All political powers are
vested in and derived from the people
only. Therefore they have the right
at all times to modify their form of
government in such manner as is pre
scribed by law when the public good
Section 2. All powers not herein
delegated are reserved to the people,
nor shall the enumeration of certain
rights herein be construed to deny or
disparage others retained by the peo
The following sections were adopted
Sec. 3. Representation in the house
of representatives shall be apportioned
according to population.
Sec. 4. The general assembly ought
frequently to assemble for the redress
of grievances and for making new
laws as the common good may re
.Sec. 5. The general assembly shall
make no law respecting an establish
ment of religion or prohibiting the
free exercise thereof, or abridging the
freedom of speech or of the press, or
the right of the people peaceably to as
semble and to petition the govern
ment, or any department thereof for
for a redress of grievances.
Sec. 6. The privileges and immuni
ties of citizens of this State and of the
United States, under this Constitution,
shall not be abridged, nor shall any
person be deprived of life, liberty or
property without due process of law,
nor shall any person be denied the
equal ytection of the laws.
Sec. ' ,All property subject to taxa
tion shall be taxed in proportion to its
Sec. 8. No tax, subsidy, charge, im
post tax or duties shall be established,
axed, laid or levied under any pre
text whatsoever, without the consent
of the pope or their representatives
Sec. 9. No bill of attainder, ex post
facto law, law impairing the obliga
tion of contractf, nor law granting
ay title of nobility or hereditary
molument shall be passed, and no
sonviction shall work corruption of
blood or forfeiture of estate.
THE RACE MIATTER AGAIN.
K.r. Bellinger imoved to strike out
section 10, which read as follows:
Section 10. The right of citizens of
this State to vote shall not be denied
yr abridged on account of race, color
yr previous condition of servitude.
The convention agreed to the propo
ition tc sike out.
Mr. Ragsdale moved to reconsider.
'his matter would cast a shadow over
;he work of the convention. There
ould be no trouble about leaving it in
;here. He thought the convention
was acting most unwisely in this mat
-Mr. Haysworth took the same posi
Mr. Bellinger said that there was
to reason in putting two sections from
the Nnited States Consitation in here.
[t was a place-of political hypocrisy to
put there, for it announced a doctrine
dey didn't favor.
The motion to ieconsider was then
Section 11 was then ado pted, this:
Section 11. The right of suffrage as
regulated in this Constitution shall be
rotected by the laws regulating elec
;ions and prohibiting under adequate
enalties all undue influences from
2ower, bribery, tumult or improper
FIRST ELECTION DISCTSSION
Section 12, which was as follows,
~as called up and it turned loose a
flood of the first election laws talk:
Section 12. All elections shall be
ree and open, and each inhabitant of
his State possessing the qualifications
yrovided for in this Constitution shll
lave an equal rig'ht to elect officers
md be elected to fill public officers.
Senator Tillman moved to strike out
;he section, because the article on suf
rage covered the matter. If you left
he provision that the elections should
ye held openly, then the legislature
vould be debarred the right to estab
ised the Australian ballot system, if
.t had the desire to do so.
Mr. Johnstone replied that this pro
ision was absolutely necessary; that
t did not prevent the passage and op.
~ration of the Australian ballot sys
em. The fundamental principle of
ree o'overnment was in this clause,
,vhiciiu was in every Constitution in
Senator Tillman said the suffrage
lan provided for the appointment of
gual managers from the two parties.
'herein lay the preservation of the
>urity of the ballot.
Mr. Johnstone replied that the last
hing to do was to trust the ballots of
he people to managers. Never take
he management and inspection of the
:ount out of the hands of the people.
Phe managers could up stairs, if they
vanted to, anct count the ballots.
Tillman-The gentleman's argu
lent intimates that I am advocating
raud in elections. I deny it.
Mr. Johnstone-Now, I have done
1ting of the kind.
Tillman went on to say that his
vhole desire was to secure honest and
A LEGAL CoNSTRT~CTION.
Governor Sheppard hoped that his
mlae would not insist on his mo
tion. The word "open" ment simply
tha it should not be secret. That was
all that could be done.
A voice-How about Goff ?
Mr. Sheppard-He's been pretty
well regulated by the courts. He
erred, and his error was corrected.
Mr. Parrott-What about the in
come t".x decision?
Mr. Sheppard-What's that got to 1
do with this matter? 1
Mr. Parrot-Was it not charged i
that the judges were bought up?
Governor Sheppard- That's an opin
ion that only originates in small and
mean minds. (Applause).
Mr. W. B. Wilson spoke on Senator
Tillman's side. He thought the man
agers gave all the protection wanted.
It was not necessary to be put in there
at all. This wos a dangerous proposi
Mr. Johnstone said this dangerous
provision had been in the Constitution
for 30 years. Was it dangerous when
in '76 it enabled us to keep the negroes
from holding secret elections. They'
say it can be put in the suffrage article.
Have they put it there? No, For the
same reasons, no doubt, why they
don't want it here.
The roll was then demanded, and
Senator Tillman's motion to strike out
was killed, the vote being: Yeas, 58;
Mr. Wilson wanted to strike out the
words "and open." It was the same
matter in another form.
Mr. Johnstone moved to table, say
ing "for God's sake don't make this
mistake. They were all there to see
that the white people remained in con
trol of the State." The motion to
table was lost by a vote of 67 to 67 it
being a tie, having of course that
There was apparently -ome mistake
in the court.; and a further count re
sulted as follows: Yeas, 64: nays, 56.
The question then came up squarely
on Mr. Wilson's amendment to strike t
out the words "and open." The roll
was demanded and the voteresultedas
follows, the amendment failing: Yeas.
59; nays, 60.
Sec. 16 was called up. The latter
portion was stricken out on motion of
Mr. Mower and the section was adopt
ed as follows:
See. 16. In the government of this
State, the legislative, executive and
judicial powers of the government 4
shall be forever separate and distinct
from each other,and no person or per
sons exercising the functions of one
of said departments shall assume or
discharge the duties of any other.
THE NEGRO QUESTION AG AIN.
Mr. Bellinger moved to strike out
section 17. On a division vote of 65 to
12 the section was stricken out. The 1
negro members wanted the roll call,
but could not get the requisite 10
members to second the call. The see- t
tion read as follows:
Sec. 17. Neither slavery nor invol
untary servitude, except as a punish
ment for crime whereof the party
shall have been duly convicted, shall I
exist in this State.
Section 17 and 19 were adopted with- I
out dissent. as follows:
Section 18. All courts shall be public
and every person shall have speedy
remedy therein for wrongs sustained.
Section 19. The right of the people
to be secure in their persons, houses,
paecrs and effects against unreason
ab e searches and seizures shall not
be violated and no warrants shall issue
but upon probable cause supported by
oath or affirmation, and particularly
describing the place to be tearched
and the person or thing to be seized.
ANOTHER LIvELY DEBATE.
Section 20 was taken up:
Section 20. No person shall be held.
to answer for any crime where the
punishment exceeds a fine of $100 or
imprisonment for .30 days, unless on a
presentment or indictment of a grand
jury of the county where the crime
shall have been committed, except in
cases arising in the land or naval
forces or in the naval militia, when in
actua.l service in time of war or public
danger; nor shall any person be sub
ject for the same offense to be put
twice in jeopardy of life or liberty;
nor shall be compelled in auy crimin
al case to be a winess against himself;
nor be deprived of life, liberty or pro
perty without due process of law; nor
shall private property be taken for
public use without just compensation.
Mr. Stanyarne Wilson moved to
strike out the words "where the pun
ishment exceeds a fine of $100G or im
prisonment for 30 days," and insert in
lieu thereo'f "before the cou.'t of gen
Mr. Johnstone said this amendment
simply meant the initial movement in
the establishment of a system of coun
ty courts that would cost the State $70,
000. If this matter was carried through
the legislature could allow trials for
murder and arson by a jury of six
men, without an indictment by a
grand jury. There will be 72 new of
caad what is to be gained ? The
abolition of the right of trial by ajury
>f 12 men.
Mr. Hutson moved to continue the
lebate on section 20 until the jud ici
ry article was taken up. This was
CHANGES OF VENUE.
Mr. Bellinger offered an amendment ~
to section 21, allowing changes of ~
venue to made. S
The section was as follows:
Section 21. In all criminal prosecu
ions the accused shall enjoy the right ~
o speedy and public trial by an im- ~
partaial'jury of the county where the ~
rime shall have been committed and I
o be informed of the nature and cause
f the accusation: to be confronted ~
with the witnesses against him; to E
ave compulsory process for obtain- I
ng witnesses in his favor and to have ~
he assistance of counsel in his de
He wanted to strike out the words Y
"of the county where the crime shall 1
ave been committed.,"
He wanted these words striken out. C
here had been ten lynchings in Barn
well ecounty in his recollection. He
was free to say that he believed each
ne cold-blooded murders. None were
or unmentionable crimes. It was im-e
ossible to get a fair trial and convic
tion in such cases. He wanted it
truck out. Another matter-there
was a provision in the dispensary law
which allows a change of venue before
he grand jury passes on the case.C
'his he did not think should be done
n any event.
His amendment prevailed and the ~
section was adopted as amended.
Section 22 in regard to excessi'-e S
bail was passed over.
The following were then adopted:
Section 23. All persons shall, before C
onviction, be bailable by sailicient t
sureties except for capital offenses, t
when the proof is evident or the pre- s
sumption great. l
Se. 24. fn all indcistments or prosecu- C
tions for libel the truth of the alleged
libel may be given in evidence and the
jury shall be iudges of the law and the
Sec. 25. Treason against the State
;hall consist alone in levying war or
,n giving aid or comfort to enemies
igainst the State. No person shbll be
1eld guilty of treason except upon
estimony of at least two witnesses to
he same overtact, or upon confession
.r open court.
Sec. 26. The privilege of the writ of
1abeas corpus shall not be suspended
xcept when in cases of insurrection,
ebellion or invasion the public safety
nay require it.
Section 27. No person shall be im
3risoned for debt except in cases of
Sections 2S, 29 and 30 werR adopted
is reported in this shape:
Section 28. The right of trial by jury
hall be preserved inviolate.
Sec. 29. A well regulated militia be
Eng necessary to the security of a free
'tate, the right of the people to keep
md bear arms shall not be infringed.
As in times of peace armies are dan
rerous to liberty, they shall not be
naintained without the consent of the
general assembly. The military power
)f the State shall always be held in
;ubordination to the civil authorities
tnd be governed by it. No soldiers
;hall in time of peace be quartered in
tny house without the consent of the
)wner, nor in time of war but in the
nanner to be prescribed by law.
Sec. 30. No person shall in any case,
>e subject to martial law or to any
)ains or penalties by virtue of that law
xcept by those employed in the army
nd navy of the United States and ex
.ept the militia in actual service, but
>y the authority of the general assem
Section 31 was then called up, read
bec. 31. No person who hasconscien
ious scruplks against bearing arms.
hall be compeiled to do so, but he
hail pay an equivalent for personal
Mr. Aldrich moved to strike out all
Lfter the word "but." Mr. Ragdale
noved as a substitute to the amend
nent to strike out the whole section.
Ehis was done.
Section 32 and 33 were then adopted
is reported in this shape, leaving only
me section of thearticle unacted upon:
Sec. 32. All navigable waters shall
orever remain public highways free
o the citizens of the State and the
inited States without tax, impost or
oll imposed; and no tax, toll, impost
)r wharfage shall be imposed, de
nanded or received from the owner of
tnf merchandies or commodity for
he use of the shores or any wharf
rected on the shores or in or over the
vaters of any navigable stream unless
he same be authorized by the general
Sec. 33. The provisions of the Gon
titution shall be taken, deemed and
onstrued to be mandatory and pro
ibitory arid not merely directory ex
ept where expressly made directory or
ermissive by its own terms.
THE SUFFRAGE DISCUSSION.
Senator Tillman then moved to
nake the consideration of the article
n the suffrage the special order for
2 m, on Tuesday next, and from day
o day thereafter till the article shall
>e disposed of. Interesting sessions
re ahead for the coming week.
The convention then adjourned till
.0 o'clock this morning.
Octoberi-s. Feb'ruary Oats.
In the south there are two periods
or sowing oats-ini the fall and in the
pring. While there is some risk of
osing the crop when sown in the fall
t is well enough to take that risk if
he sowing is made at the proper time.
dfany farmers as high up as Middle
leorgia have gotten into the habit of
naking their sowings in November
mnd some as late as December-and as a
esult the crop is damaged, if not
-uined, two years out of three. We be
ieve there is a gain in sowing in the
all if the sowing is made early enough
o show a solid green by the last of
)ctober or early in November. But
f the oats cannot be put in properly
n the early fall it is far better to wait
dntil February, then put them in land
hat has been -well plowed. For this
owing it is well to plow the land in
govember or December,' turning un
er any vegetable matter that may be
mn it. The oat crop comes in at a very
>pportune time, and as the grain is the
>est food for working stock, no far
ner should attempt to get along with
ut a crop of it. At least 5 acres to
he plow should be sown. It is a
ood plan to set apart 5 acres to grow
he double crop of peas and oats or if
lover is sown with the oats in October
t will be better. still, in a great many
nstances. We hope our farmers gen-.
rally will give the crimson clover a
ral this fall. Of course it will not
Lo much on very poor land, but it will
se worth a great deal to mediuni soil
s an enricher. Like burr clov~er and
-etch, it can be sown to advantage
inly in the fall.
The Sunniower State.
KANsaS has often been called the
unflower state-a title more than ever
ppropriate since the foreman upon
rov. Motley's farm constructed his
unlower clock, says the Kansas city
ournal. Choosing an enormous sun
ower, he attached to its drooping
ead a tiny corn-stalk, not more than
rn feet long., About the plant he d-cew
clicle and divided it into twenty-four
arts, each of which was sub-divided
~r minutes and seconds. And now, as
lie faithful plant, from dawn to dusk
yes its fierce lord, the corn-stalk
ointer moves about the dial indicating
he time. The sunflower clock can also
e used as a stop watch to time races
y holding over it a big umbrella.
rhich checks the revolution upon the
1stant when the time to a fraction of
second may be read off upon the
Port Royal or Brooklyn.
WASHINGTON, Oct. 19.-After an in
uiry, the navy department has decid
d that the depth of the water in the
ry dock at the Norfolk navy yard
ri'll not permit the new battleship
'exas to be docked there. Th le dock
as found adequate for the Texas be
are she was fitted with armament and
ther heavy material, but she is now
o aieep in the water to permit her to
nter. She will be sent for docking
ither to Port Royal. S. C., or Brook
en navy vard with the probabilities
Erongly iin favor of the latter place.
The Ohio Nearly Dry.
WHEELING. West Va., Oct. 16.-The
)hio river reached the lowest point
>day it was ever known to be at this
ime~ of the year. The marks here
how 11 inches, within 2 inches of the
awest stage on record. Navigation i
OUR STATE FAIR.
EVERYTHING NOW POINTS TO A MOST
Good Work of the Agricultural and Me
chanical Society-Chea'p Fare on the
CoLMIA. Oct. 19.-Special: The
preparations for the coming fair of
the State Agricultural and Mechanical
Society all indicate that the exhibition
will be in all respects the very best
that has been held in very many years.
The officers of the society began very
early to lay their plans, and just now
theris every promise that great suc
cess will crown their efforts. emI
dent Moore, himself one of the most
successful and progressive farmers in
South Carolina, has taken special
pains to perfect his plans for the fair
this year. Secretary Holloway, a vet
eran in the business, has been more
than active in his work. The board of
directors have fully realized the situa
tion, and their zealous and active co
operation has been with the officers
charged with carrying out their plans.
The citizens of Columbia, too, have in
a quiet but very business-like way,
done their part. With this combina
tion of interest and endeavor, there
can be no doubt of a fine exhibition
one that will be a credit to the Society
and a source of pleasure to the great
crowd of visitors that are now sure to
be on hand.
A very serious drawback to the fair
last fall was the fact that the railroad
rates were not so low as to tempt peo
ple to make the trip. There is now
nothing wanting in this respect. For
three days at least, during fair week,
the rate will be low enough for any
body to come-only one cent per mie
for the distance traveled. When a
man can come fifty miles from home
and go back for a single dollar, he
ought not to complain of railroad fare
The rate now offered is as cheap as any
offered in South Carolina in many a
year. Indeed, the "oldest inhabitant"
finds himself unable to recall the oc
casion when any more liberal arrange
ment was ever made for any gathering
in South Carolina. The schedules,
too, will be arranged with due regard
to the convenience and comfort of
those who wish to see one of the most
attractive exhibitions that have ever
been afforded to the people of the State
-the men, women and children that
like to come together for pleasure and
Judging from the numberof alica
tions that Col. Holloway has
received, we may say that there wil
be a very decided improvement, over
the fairs of the past three years, in the
number and the variety of the exhib
its. The greater interest already shown,
all over the State, in the success of the
fair, together with' the efforts of the
officers, has extended to those who
have cattle, horses, products and im
plements whose merits they want to
show to the world. And thus thereis, as
already stated, every assurance that
there will be a fine exhibition in every
particular. In fine stock, more.especi
ally there is now pronuise of an exmibi
'ion that must prove of great value to
those who would see excellent speci
mens in this line, and who desire
themselves to diversify their opera
tions on the farm by raising blooded
horses and cattle. A good programme
for the race-course is also arranged.
In addition to the fair proper there
will be much to interest, entertain and
amuse. The exact plans have not yet
been made public. But the active and
liberal efforts of the merchants and
other business men of Columbia may
be relied upon to provide addi
tional pleasure for those who
shall be the recipients of Colum
bia hospitality during fair week.
The details have not yet been all ar
ranged. But there will be no lack of
that sort of amusement which will
supplement what is to be had at the
Present indications are that the ses
sion of the Constitutional Convention
will extend into fair week-thus af
fording numbers of the people the op
portunity to witness the work of the
men to whom they have committed
the important task of framing anew
the organic law of South Caroima.
From all parts of the State come the
report of bountiful harvests of corn and
cotton the latter staple selling at better
prices together with the promise of a
good lot of home-raised bacon. The
farmers are in better heart. In no bet
ter way can they expend a little time
and money than in making a visit to
Columbia for fair week. Let everybody
come and bring his wife and children.
Next to Reading Mat ter
A Bucyrus, 0., clergyman, with an
eye to business, publishes a weekly
programme of the church services.
interspersed with advertisements. A
paraograoh exhorting the people to
praise the Lord is followed by a ratt
ling ad of a hardware house. An ad
beginning "Good butter a specialty,"
follows a paragraph beginning "What
oviest thou unto the Lord?" After an
exhortation that ends, "In the
next world no offerings are needed,"
comes an ad beginning "Trade with
llyer & Hirsch." And after a para
graph referring to the world to come,
there is an ad about "Fresh and smok
ed mieats."The advertisers probably
pay extra for a position next to "pure
reading matter." Talking of pure read
ing matter suggests an incident that
occurred not long since in this city.
An advertiser was in the publishing
oilice of a sensational journal, which
miakes a specialty of printing scandals,
to get rates for an ad. "Why not have
your ad next to pure reading matter?
asked the clerk: "Great Scott: was the
reply "I didn't know you had any pure
Dispensers Must Report.
The State board of control has sent
out circulars to all the county auditors
requiring the county dispensers to re
turn all their request books filed for
the proceding month. The dispensers
:nust state on oath that the requests
for liquors returned are all that were
received and tilled at his place of busi
2ess for the month past and that he has
-arefully preserved the same and that
:hey were tilled up, signed and attes
~ed at the date shown thereon, as prov
ded by law. And further, that said
requesis were tilled by delivering the
~uantity andl kind of liquors required,
mid that no liquors have been sold
r dispensed under his permit for said
nonth, except as-shown by-the request
swhich he must return. The dispenser
is also required t'o state on oath that
le has faithfully observed an'd comn
plied with the-provisions on his bond
and oath,-and with all the laws rela
ting to +his rdntie in the premises.