University of South Carolina Libraries
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 his memory. 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 tionr 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 be it - 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 taini subjects. The section as reported read as fol lows: 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 or places. 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 or.:baking institutions. 5. T~ incorporate school districts. 6. To authorize the adoption of legit-I imization of children. 7. To provide for the protection of game. 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 l ions." 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 this shape: 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 $100,000. 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 charter thereof." Mr. Bates moved to strike out sec tions 3, 4 and 5, giving his reasons therefor. 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 elsewhere. 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. Meares' amendment. Mr. Klugh offered the following amendment: "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 down. 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 tion: "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 ion 36: "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 ent. 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 whole. 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 er. 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 certain officers. 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 pe ople. 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 against them. The motion to strike out section 31 was carried by a vote of 72 to 42. FUTURE CONVENTO-NS. Senator Tillman then offered the fol lowing amendment to be known as sec tion 38: 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 tional convention. 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 tion called. 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 ple. Tillman-Are you afraid to trust the peoplei 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. PEN~SIONB. Mr. Johnstone offered a substitute for the amendmentto section 38, which made the section include allowing pen sions to be granted to naval veterans. IEGRO BLOOD. Mr. W. D. Evans offered an amend ment to section 14 which read as fol lows: "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 rect." 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 ments. Mr. Evans' amendment was then read. Judge Fraser offered the follow ing brief substitute, which Mr. Evans accepted: '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 tion." 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 them. 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 tion. (Laughter.) 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 small moment. The report of Mr. McWhite as to cer tain bills presented to his committee wastabled. THE PUBLIC INsTITUTIONS. Section 1 of the article on penal and charitable institutions was adopted without debate, as also were the fol lowing: 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 general assembly. 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 same course. 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 ened criminals. Mr. Evans moved to strike out see tion 8, but this was lost and the section was adopted. Mr. Evans then moved to reconsider the vote whereby sectiolns 4 and 5 had been adopted, -. but the convention re fused to do so. REJECTED. The unfavorable report of the com mittee on judcial department on the following was adopted, and the ordi nance rejected. "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 bled. 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 nance. .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 adopted: 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 the following: 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 would read: 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 for Saturday. 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 ent." ? 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 law. The amendment was adopted. The section as adopted reads as fol lows: 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 demands. 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 ple. The following sections were adopted without debate: 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 quire. .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 value. 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 awfully assembled. 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 tr. -Mr. Haysworth took the same posi ;ion. 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 ost. 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 ~onduct. 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 merica. 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 air elections. 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 tion. 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; nays, 59. 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 effect. 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 eral sessions" 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 greed to. 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 ense. 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. OTHER SECTIONS. 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 ,acts. 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 'raud. 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 )ly. Section 31 was then called up, read n&. 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 ervice. 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 Lssembly. 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 ial. 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 omltely suspended. OUR STATE FAIR. EVERYTHING NOW POINTS TO A MOST SUCCESSFUL EXHIBITION. Good Work of the Agricultural and Me chanical Society-Chea'p Fare on the Railroads--Colum1>ia Interested-Every thing Promising. 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 profit. 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 fair itself. 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 readmng matter.."' 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.