網頁圖片
PDF
ePub 版

country in every possible way. He will take no bond of fate, but builds his walls of offence and defence in the Constitution itself.

On the eighth day, the low-country attempted by strategy to recover what it had lost in a shoulder-to-shoulder contest. Power through control of the Senate had been taken away, but power might be regained through control of the House. Therefore the sea-coast delegates generally supported the scheme for including three fifths of the blacks as an element of population in establishing the basis of representation. I have already reported the action on that question, how it was debated through five long hours, lost by 52 to 59, reconsidered by 55 to 51, and finally tabled by 75 to 24. There were various times during the day when it seemed as if the low-country would win the battle; but the final vote showed its strength to be relatively about the same as in the struggle on the parish representation. This was its last effort, — the sceptre has departed from Judah.

On the tenth day, Tilman smote the routed enemy once more; he called it "reaping the just fruits of victory." His blow came in the form of an amendment to the Constitution, providing that, after 1869, no district in the State shall have more than twelve representatives. This was aimed at the city of Charleston, which now has twenty. The low-country was exhausted, and the amendment was adopted after a brief debate by 61 to 43.

This record closes with to-night. I see no chance for again striking the low-country. The end of the Convention is near. The up-country has won in every point it made. Hereafter it will be responsible for the legislation of the State. The first Legislature will be elected under the old system. Thenceforward the new Constitution will govern; under it South Carolina cannot be the haughty and exclusive creature she was in ante-Rebellion days.

:

[ocr errors][ocr errors]

X.

MINOR WORK OF THE STATE CONVENTION.

COLUMBIA, September 25, 1865.

HE Convention has about finished its labors. I have

reported its action in regard to all the more important questions, and have now to speak of but three subjects, first, the miscellaneous business; second, the attitude of the Convention toward the general government; third, its talk and action in respect to the freedmen.

And, first, of the miscellaneous business, including thereunder the chief unmentioned amendments to the Constitution.

The Convention can scarcely be said to have amended the old Constitution; it has, the rather, been making a new one. The more important changes not already given, as well as the action on certain rejected propositions, are indicated as follows:

The election of Presidential electors is taken from the Legislature and given to the people. This change created considerable debate, some twenty-five or thirty of the older delegates being seriously opposed thereto.

The election of Governor is taken from the Legislature and given to the people; the term of office is changed from two years to four years; he is declared ineligible for two consecutive terms; and the fifteen hundred pounds sterling freehold qualification is abolished. The questions involved in the action on this section have been much canvassed by the people, and there is a considerable body in the Convention strongly opposed to the change. It was, however, so well understood that this was one of the particulars in which the President required that a more republican form should be given the Constitution, that the section passed without a division.

[ocr errors]

The Lieutenant-Governor, elected like the Governor, and having the same qualifications and term of office, is made ex officio President of the Senate.

A proposition to give the appointment of Secretary of State, and Treasurer and Comptroller-General, to the Governor, with the consent of the Senate, led to a protracted and somewhat excited debate, and was finally lost by 39 to 72. Their election remains as heretofore, with the Legislature.

The property qualification a freehold of three hundred
pounds sterling for State senator; a freehold of five hundred
acres of land and ten negroes, or a real estate valued at one
hundred and fifty pounds sterling, for State representative;
and a freehold of fifty acres, or a town lot, for a voter — has
been abolished. The first-mentioned change prevailed by a
vote of 59 to 47; the others were made without division.

The effort to provide that no man should vote unless he
could read the Constitution was, of course, a failure.
66 It
would disfranchise at least a quarter of the people," said
one cautious delegate. "More than that,” said another. “I
have known a grand jury within the last ten years of which
only one man could write his name," echoed a third. The
proposition came from Delegate Thompson, of St. Helena
Parish, and found the table within five minutes of its pre-

sentation.

The veto power is given to the Governor, but a majority of the whole representation in each house may pass any bill over his veto.

A District Court is created to take jurisdiction of all civil
cases wherein one or both the parties are persons of color,
and of all criminal cases wherein the accused is a person of
color. The judge of this court is elective by the Legislature,
holds his office for four years, and is eligible to a re-election.

A resolution was passed, expressing the opinion that the
Legislature ought, at its next session, to adopt the Constitu-
tional amendment submitted by Congress at its last session.
There was no debate upon the matter.

''

2

The General Assembly is forever prohibited by ordinance from passing "any law imposing civil disabilities, forfeiture of property or of other rights, or punishment of any kind, on any citizen or resident of the State, or person owning property herein, for the relation of such citizen, resident, or person to, or his or her conduct in reference to, the late secession of this State from the Federal Union or the war which grew out of the same, or for any participation, aid, counsel, or assistance therein."

The new Congressional districts are established by counties, and are as follows:

First District, Lancaster, Chesterfield, Marlboro, Darlington, Marion, Horry, Georgetown, Williamsburg, Sumter, Clarendon, and Kershaw.

Second District,— Charleston, Colleton, Beaufort, and Barnwell.

Third District,

Orangeburg, Edgefield, Abbeville, Lexing

ton, Newburg, Richland, and Fairfield.

Fourth District, — Anderson, Pickens, Greenville, Lawrence, Spartanburg, Union, York, and Chester.

And, second, with respect to the attitude of the Convention toward the general government.

The debate on the Aldrich resolution, on the Jeff Davis pardon-memorial question, on the St. Helena election case, on the slavery clause of the Constitution, and on the Congressional-representation ordinance, showed very clearly the political standing of the delegates. They have no special love for the Union, but war has taught them a hearty respect for the United States. They talk very little and very mildly about State rights, but not one of them was able to see that the secession ordinance should have been annulled instead of repealed, for does not a mere repeal amount to a practical reaffirmation of the right to secede? However, the question never will be of special consequence so far as this State is concerned; for the whole Confederacy, late and

so-called, could not coerce her into again taking up arms against the general government.

And, third, of the talk and action of the Convention in respect to the freedmen.

The temper of the Convention toward the negro is very far from being what the friends of humanity desire. The delegates, generally speaking, are probably better disposed toward him than the majority of their constituents, for I suppose they represent the best intelligence of their respective districts; but even their views, as a body, are extremely narrow and supremely selfish, not to add of the most fancifully fearful character.

Governor Perry, of whom I have heretofore spoken as the leading man in the Convention, began the hue and cry against the poor African in the message delivered on the second day of the session. True, he says slavery is gone, "dead forever" is his tautological phrase; but he rails against the negro soldiers, actually has the face to quote the Dred Scott decision against the negro's right to citizenship, and indorses the dreary and absurd falsehood that "this is a white man's government, intended for white men." I submit that this sort of talk, admissible from a sixth-rate ward politician, is entirely out of character for even a Provisional Governor, can do no possible good to any living man, and is productive of nothing but increased ill-feeling between the two classes of people who now occupy the State, and must continue to occupy it during this generation. at least.

There has been a great deal of this white-man's-government talk, in face of the fact that the negroes in the State number one third more than the whites, and the fact that they have almost to a man desired the success of the Union in the war, and the further fact that the whites of some sections are asking that soldiers may be kept in the State to protect them. Such men as James L. Orr, Thomas Thom

[ocr errors][merged small]
« 上一頁繼續 »