University of South Carolina Libraries
g". ' - : . . r The Press and Banner.! BY HUGH WILSON. * - t aiiruyili.K. n. c. i 1 DOM TO HARD WORK. , S THE CONSTITUTIONAL CONVENTION REASSEMBLES IN COLUMBIA. j The UiiflniKlieri ISuitint-K* Taken Promptly i In Hand?Several Section* Adopted, j What Was Said and Done. j Columbia. Oct. 16.?Special: The t constitutional convention reassembled , yesterday pursuant to the resolution providing for the recess. Governor c Evans, the president, was absent from s the city attending the opening exer- ^ cises of the Wiuthrop Normal and Industrial College. The body had just a gotten through with the routine pre- t liminaries, when attention was called to the death of Dr. J. O. Byrd, one of o the members of the convention, and f the body at once adjourned out of re- t spect to his memory until 10 o'clock this morning.after passing resolutions a in regard to the sad occurrence. e When the convention was called to a order, the proceedings or tne aay were s opened with prayer by the Rev. Mr. fc Abney. There were exactly 65 mem- $ bers in their seats when the body was wrapped in order, but in a short time t more came in and before the sudden t adjournment came, 83 out of the 160 ^ members were in the hall. The journal of the last day's session y was read and revised, t>nly some immaterial changes being made. a Mr. McCown then rose and stated c that it was his sad duty to inform the convention of the death of one of the t members of the Florence delegation, t, T~*? T r> RttwI -rohi^h rvmurred dur in? the recess. He then sent up the n following preamble and resolutions a which were promptly adopted: 0 Whereas, it has pleased the All Wise v Ruler and president of the convention ? omnipotent to remove from our midst ii our friend and co-laborer in the work Jj of this convention, Dr. J. 0. Bvrd, * delegate from Florence county, and recognizing and appreciating his in- g domitable energy, sterling worth and earnest labor in the effort to secure <j magnificent results?a good constitu- e tion, therefore be it, e Resolved, That in the death of Dr. James O. Byrd, who departed this life fo suddenly on the afternoon of the 13th p inst., at his home in Timmonsville, SC., this convention has sustained a se- j, xious loss and the State is deprived of a valuable citizen and able legislator. a . Second, That we, his friends, while - * ?;n submissively bowing 10 me win 01 ti Him, will cherish his memory and g mourn his departure, our loss, and s; sympathize with his family. ti Third, That a page of the proceed- b ings of this convention be dedicated to b his memory. Fourth. That a copy of the forego- a ing preamble and resolutions be suita- y bly engraved under the supervision of n the clerk of this convention and given ft the delegation from Florence county d to be by them transmitted to his wife and family. As a further mark of re- tl spect in honor of his memory, I move f< tnat this convention do now adjourn b and that an hour on Thursday, the ti 22d, at 11 o'clock a. m. be set apart for the consideration of the above resolu- ol tion. J When these resolutions were passed ^ the convention stood adjourned. After the reading of yesterday's journal this morning Mr. McWhite of Florence offered the following: ^ Whereas a vacancy has occurred in tthe delegation to this convention from Uhe county of Florence, occasioned by the death of Hon. J. O. Byrd, which, ? under the law, must be filled by an election to be ordered by the secretary K of state, and whereas it is not deemed necessaay to inflict upon the people of said county the expense incident to an election to fill said vacancy. Therefore be it Resolved, That the secretary of state p is hereby authorized to withhold a * writ of election to fill the vacancy. On motion of Mr. McCown this resolution was laid over. The president then settled all doubt as to what the convention would take up by Jfelling up section 36 of the arti- c cie on^ariglative department, which ? f>rohib!Bp the enactment of special ^ ftws hv the ceneral assemblv on cer- a tain subjects. ? The section as reported read as fol- ? lows: Section 36. The general assembly of this State shall not enact local or special laws concerning any of the fol- *( lowing subjects, or for any of the fol- ? lowing purposes, to wit: e 1. To change the names of persons n or places. 9 2. To lay out, open, alter, or work tJ roads or highways. 3. To incorporate cities, towns or villages, or change, amend or extend d the charter thereby. 4. To incorporate educational, reli- t: gious,charitable, social manufacturing a or banking institutions. s 5. To incorporate school districts. a 6. To authorize the adoption of legit- t imization of children. t 7. To provide for the protection of e game. 8. To summon and empanel grand r or petit jurors. \ 9. To provide for the age at which 1 citizens shall be subject to road or \ other public duty. \ 10. To fix the amount or manner of e compensation to be paid to any county i officer, except that the laws may be so t made as to grade the compensation in I proportion to the population and nec- ? essary service required. s 11.* In all other cases, where a gen- f eral law can be made applicable no i crvn/-.i c, 1 low cVin ] 1 It had no sooner been called up \ than Mr. Gage offered the following 6 to be added to the section to be known 1 as subdivision 12: t 12. The general assembly shall \ forthwith enact general laws concern- v ing said subjects for said purposes, a which shall be uniform in their opera- e tions." i Mr. Ragsdale thought it was unwise 1 to have an iron-clad law. It was going e a step too far to have absolute unifor- i mity. The same conditions should i not be made to apply to smaller and i larger counties alike. * Mr. Gage said he did not wish to ( make the matter too binding on the t general assembly. The figures showed t what the trouble was. In the last five years the legislature had passed 29(i general laws and 1,149 special acts, t Many counties had their domestic J troubles regulated in the convention, i His only object was to stop this. He t quoted some more statistics obtained 1 rom the legislative records, which 1 ;vere entirely convincing. ! i Mr. Ragsdale moved to amend the j < intendment by adding the words ] 'provided that nothing contained in ] his section shall prohibit the general iss^mbly from enactir.fr special pro- 1 visions in general laws.'' These amendrneuts were then conlidered and adopted in the following < ihape, as subdivision 12: 12. The general assembly shall ] 'orthwith enact general laws concern- 1 ng said subjects for said purposes, ] vhich shall be uniform in their oper- i itions. Provided, that nothing con- 1 ained in this section shall prohibit the |1 jeneral assembly from enacting specal provisions in general laws. 1 Mr. Stokes moved to amend the sec- j ion by striking out subdivision 4, < vhich forbid legislation incorporating iducational, religious, charitable, so :ial, manufacturing institutions. He 1 aid these institutions might have to 1 >e incorporated at some time. Mr. Wilson's amendment was then < idopted. This left subdivision 4 in j his shape: 1 4. 'To incorporate educational, religious, charitable, social, manufactur- i ng or banking institutions not under { he control of the State." Mr. VonKolnitz offered a iurther ( .mendment by adding ''providing that t xisting charters may be amended or 3 ltered." Mr. VonKolnitz cited an in- r tance in which great hardship was ] >eing worked, involving a legacy of 1 100,000. 1 Mr. Gage said he was willing to add ( he words "or amend the charters r hereof," so that everything could be t [one by general laws. 1 "Mr. Stokes thought that this was the t prong place to oring mis maiier up. v Mr. Sheppard moved to amend by s dding "and to amend or extend the s harter thereof." a Mr- Bates moved to strike* out secions 3, 4 and 5, giving his reasons \ herefor. Mr. Gage hoped that this amendoent would not prevail, as it would ] llow all the expensive corporations j f towns, villages, etc., which they rere trying to avoid. The legislature s rill pay no attention to a general law ^ f they allow that body to pass special ^ iws of incorporation. ( Mr. Bate's amendment was lost. r The substitute ofFered bv Governor / Iheppard was then adopted. t Mr. Meares moved to strike out sub- e ivision 3 of section 36. He maintain " ' ^ U mat 1116 SUDJ6CI iliuucr WOd lsewhere. t Mr. Gage said that there was no e artn in making the matter very em- c hatic so there would be no trouble. t Mr. Bates was in favor of Mr. a leares' amendment. o Mr. Klugh offered the following j mend men t: i ''Strike out lines 1, 2 and 3 of sec- ^ ion 36 and insert the following: The eneral assembly shall as soon as pos- ^ ible after the adoption of this Consti- r ution enact general laws, which shall e applicable on the several cases em- j raced in this section, to wit." ? The president stated that this was p lready covered. Mr. Klugh said it j ras merely prohibitive as it stood ow; it should be made affirmative. E [r. Klugh's amendment was voted i own. r Mr. VonKolni z endeavored to get j ie relief he was after by offering the v allowing amendment to section 36 to j e known as subdivision 13 of the sec- ^ on: "13. The provisions of this section 1 hall not apply to charitable and edu- n ational corporations where under the srms of a gift, devise or will special t icorporations may be required." 1 The amendment was adopted. t Mr. Johnstone offered the following p > be known as subdivision 14 of seeon 36: f "14. Nothing herein contained shall rohibit the general assembly from in- s orporating by special enactment cor- \ orations of a character other than i lose herein named." v Mr. Sligh said subdivision 11 cover- L i the subject matter of this amendlent. e Mr. Sheppard moved to indefinitely 4 ostpone. Mr. Johnstone explained why he ofjred the amendment. The motion to f idefinitely postpone was then carried. E Section 36 was then adopted as a s rhole. Sec. 37 was then taken np and the hairman of the committee, Mr. Sligh, E loved to strike out the whole section, j Ie thought it was a hardship to make man ineligible to office for two years r ven though he may resign as a mem- s er of the general assembly. g This section read as follows: a Sec. 37. No member of the general r ssembly of this State, during the term or which he was elected, shall be eliible to any office to be filled by an E lection by the general assembly and E :o judge in this State during his term s f office shall be eligible to any other a tian a judicial office. s Mr. Buist wanted to introduce an mendment, but was ruled out of or- E er. I Mr. Glenn was in favor of the sec- s ion as it stood. He wanted purity \ mong tbe members of the general as- f embly. He did not want to see tempt- c ,tion thrown in the way of any mem- j er of the general assembly. He g hought that this section would do t auch to elevate the legislators. t Senator Tillman said that the matter s oust be looked at practically. They rere going on the supposition that the i eeisluture would elect the judges. It I vas by no means certain that it 1 vould. He hoped the people would t sleet all otfiocrs. This section was an t ndictment any way they looked at it c hat there has been debauchery and < >ribery on all past legislation in this t state. He was glad to see this ideal t cheme to place tlie people on a higher c )lane. I dislike to mention it, but let c is look at one practical matter. The 1 egal fraternity has been in sympathy 1 vith the people. They number some c 100 men and only about 30 of them t lave been on the people's side. We 1 lave been simply forced to take men i vho were perhaps not the men we j vould have chosen, who were not as 1 hio qc t>ifl m?n we would have select- i id, and put them on the bench. He 1 ntended no partisan references here. ] le said they had better leave well 1 snough alone. If a legislator was ' nade ineligible to oflice, the best men 1 yould be kept out of the body. He i *as afraid this was a Trojan horse, i Che legislature should be allowed to ' sleet judges from its own number, if I ,hey were not going to place the elec- < ion in the hands of the people. i MR. BURNS TALKS OUT. Mr. Burns respected the members of i he legislature, but who were they? i L60 men chosen by the people. To be i i lawmaker is the highest function of ,he individual. But the people were 1 ;he power behind the throne. What ] .S*f. ' was it that pulled down the high plane : of public men? tffho was it that i sriginated that word "bamboozle"? It has rung throughout the State. He < had never known a dishonest member. < Tillman?I have never been a mem- 1 ber of the legislature, and you have. ' You know how it isMr. Burns?Yes, we took you up and opened the way for you, and now we i want you to open the gates for the i people. The people were the real mas- : ters and they didn't want to have to hold one offw?-before they could hold i mother. We are not going to take 1 the old party harness that has been 1 w orn all over and put it on ourselves, j Wanted to elevate the legislative < branch of the government. The, leg- i islature should not be allowed to elect / certain officers. Tillman?Can you get rid of the ob- i jection that if you prohibit men from i being eligible to office, you will keep j he best men at home? 1 Mr. Gage?The best men in my 1 :ounty do not eo to the legislature. I < jay tliis advisedly. They dota't want i x) scramble for election. ] Tillman?Well that is an indictment I igainst Democracy and the rule of the jeople. 5 Mr. R. R. Hemphill could see no use ( >f such a provision. He had served , hree years in the house and eight f fears in the senate. He never knew a nan there who could be influenced. , le differed with Mr. Gage- Good men lad been elected judges in the past. \ ["he legislature had elected Judge Mc- i Jowan, than whom no abler or oetter nan ever occupied the bench?a man ] hat- was honest and conscientious. t ?hen they elected Judge Hudson, an ? lonorable man in every sense of the vord. And there was Judge Wither- j poon. These men he differed with on , ome things, but nothing could be said trninnf t.lipm The motion to strike out section 37 vas carried by a vote of 72 to 42. FUTURE CONVENTIONS. Senator Tillman then offered thefolo wing amendment to be known as secion 38: Section 38. The general assembly hall submit to the qualified elector in he year 1895 and every twentieth year hereafter the question of calling a Constitutional convention; and if the najoritv of the electors shall vote in avor thereof, then, at its next session, he general assembly shall order an lection for delegates to said Constituional convention. After it was voted down Senator Tilloan said he wanted to speak. He wantd to make a brief explanation. He ailed attention to the two-thirds vote lecessary to get amendments in or call , convention. The theory of the State's [overnment was the rule of the ma ' j. 3 i. AL. onty. ne reierrea 10 me irvuuia uiej iad had in getting this present convenion called. Mr. Prince raised the point of order hat section 3 of the article on dmendnents covered the same subject matter. President Evans sustained the point le ruled that the only way it could ;et in was for it to be adopted as a >art of the legislative article and let he committee on style and revision put t in its proper place or get that comQittee to report it to the convention, .'here was quite a kick against the uling of tne chair and President Ivans allowed the convention to take a ote as to whether thevwould consider he matter or not. The convention oted to do so. Mr. Haynsworth suggested that as 915 was an off year they had best aake it read 1916. This was agreed to. Governor Sheppard said he hoped hat this provision would not pass, 'he two-thirds vote should remain here forever as a protection to the peo>le. Tillman?Are you afraid to trust the eople? TU/v??> Uoo nn man aueppuru?xucic uas u?.u uu ...i... ince the days of Thomas Jefferson ?ho has a higher regard for the opinon of the people than I have. jBut rhy make it obligatory upon the legslature to do this? The vote was then taken and the Tillaan section was killed, the vote being 7 to 65. PENSIONS. Mr. Johnstone offered a substitute or the amendment to section 38, which nade the section include allowing penions to be granted to naval veterans. JTEGRO BLOOD. Mr. W. D. Evans offered an amendment to section 34 which read as folows: "Section 34. The marriage of a white erson with a negro or mulatto, orperon who shall have any negro blood hall be unlawful and void and punishble as the general assembly may diect." The amendment read as follows: "Provided, that this section shall tot be so construed as to disqualify for aarriage with white persons any peron of his or her issue who shall have ,t or before the adoption of this ConHtntinn fliA status nf white nersons." 1 This brought "Uncle George" Tillnan to his feet. He was very unwell, le wished he was able to speak. He aid ho felt humiliated the other day yhen the negro delegate from Beauort clapped his hanaa and said the oons had the dogs up the tree. The unior United States Senator and the 'entleman from Newberry brought nis humiliating matter in. If the secion stands as it is the convention will tultify itself. The Mississippi "onesighth" clause, he had found, was coped from the old South Carolina law. Ie knew many families in Aiken, Coleton and Barnwell who would suffer erribly from this. Let this stand and here are hundreds of families in these :ounties who would be in a fearful :ondition?families regarded as among he best. The full-blooded Caucasian ace has gone. You have either Inlian blood, negro blood, Arab blood >r some other blood in your veins. Che first white man was a wild barba ian and was not civilized until he had :rossed in some measure with one of he lighter colored races. All knew low people would fly after property ivhicn belonged rightfully to other people, particularly against their own lin folks. Did they want to offer a aremium for feuds and for shooting? ^Vhat man would stand and hear his nother's name stigmatized by rascals, ivho are hunting and seeking property T rhis "one-eighth" clause W&s nothing jut the law South Carolina had lived i rider for years. He moved that the : intendments offered by Messrs. B. R. ; Tillman and Johnstone be laid on the able. The point was raised that the 1 jlincher had been put on those amend- i nents. Mr. Evans' amendment was then read. Judge Fraser offered the follow- i ing brief substitute, which Mr. Evans accepted; < "Provided, the status of a person svho has heretofore been recognized as legally white shall in no waybeaf fected by the provisions of this sec- < tion." t Mr. Sheppard asked the unanimous i consent of the convention to allow Mr. i G. D. Tillman to have his motion en- 1 tertained. The convention had clear- i ly made a mistake. < Mr. Johnstone was opposed to this. 1 Mr. Sheppard moved to recommit the section back to the committee with instructions to bring the matter back i in a shape covering the subject. 1 Mr. Johnstone took the same position he had presented in all debates on i this question. There were perhaps < 500 boys in Charleston classed as ne- 1 ?roes today, with less than one-eighth 1 rf negro blood in their veins. There i ire perhaps 200 in Columbia. Are you i aroing to turn them loose? He did not i want negro boys turned loose Jcnocicinff at the doors of good white people asking for admission into their fami- i lies with no power to deny it. One hundred years have passed and < we have 5,000 to 10,000 peoplfc of this < ilass in this State. All he contended 1 For was the preservation of the twg races as distinct races as God created i ihem. f (Jen. Robert Smalls hoped that the natter would be referred back to the jommittee and that the committee ( would not send it back to the conven;ion. (Laughter.) t Mr. Sheppard's mption to recommit f ivas then called. ( The further consideration of the ar- ? icle on legislative department was ? postponed till 10 o'clock today. ( The report of the committee on firnnce and taxation was passed over T lion? with several other matters of \ small moment. ] The report of Mr. McWhite as to cer- , ain bills presented to his committee j ivas tabled. , THE PUBLIC INSTITUTIONS. 1 Section 1 of the article on penal and iharitable institutions was adopted without debate, as also were the fol- 1 lowing: 9. Thfi rfiaflTlts of the State 1 lospital for the insane, and the superntendent thereof, who shall be a phytic ian, shall be appointed by the eorirnor by and with the consent of the jenate. All other physicians, officers md employes of the hospital shall be ippointed by the regents unless by the general assembly. Section 3. The respective counties of .his State shall make such provision, is may be determined by law, for all hose inhabitants who, by reason of ige, infirmities and misfortunes, may lave a claim upon the sympathy ana lid of society. Section 4. The directors t>f the belevolent and penal institutions which nay be hereafter created shall be apjointed or elected as the general astembly may direct. Section 5. The directors and supinendent of the penitentiary shall be ippointed or elected as the general as(embly may direct. Section 6. All convicts sentenced to lard labor by any of the courts in this State may be employed upon the pubic works of the State or counties and lpon the public highways. (At the request of the committee secIon 7 relating to the State board of iharities was passed over until later. Section 9, the last section took the lame course. Section 8. Provision may be made >y the general assembly for the estabishment and maintenance by the State of a reformatory for juvenile ofenders, separate and apart from hardsned criminals. Mr. Evans moved to strike out secion 8, but this was lost and the section vas adopted. Mr. Evans then moved to reconsider he vote whereby sections 4 and 5 had >een adopted, but the convention reused to do so. REJECTED. The unfavorable report of the comnittee on judcial department on the olio wing was adopted, and the ordi- 2 in Lice rcjoutou. "Be it ordained. That each public < >fficer or person in the service of the * jtate or any subdivision thereof shall )e paid a stipulated salary, and that j ill fees collected by him snail be paid g o the State treasurer or to the treasurer of such subdivision as the legisla- t ,ure may direct." c The petition from the W. C. T. U. c elating to the age of consent, with mfavorable report attached, was ta- s )led. Mr. Henderson's ordinance to auth- 1 >rize the issue of State bonds to enable t :ounties to do business on a cash basis c vas passed over, its author being sick, t At Mr. McMahan's request his ordinance, withunfavorable report attach- t jd, to provide for a department of roads ind forestry, was also passed over. t Mr. McMahan's jury ordinance, infavorably reported, -was called.up.lt i ead as follows: t "Be it ordained, by the people of J south Carolina, through their delegates j n convention assembled, the general t issembly may provide for the finding )f a verdict in any class of cases upon 1 he concurrence of less than the whole lumber of a jury. Mr. McMahan advocated his measure i it length. Mr. Burns made a good j tpeech on the other side saying that t n the 12 men jury lay the safety of the j >eople. On motion of Mr. Stanyarne j SViLson, the unfavorable report was c idopted. Mr. Ragsdale subsequently had iomething to say in favor of the ordi- -i aance. i The convention then took a recess till Jp. m. 1 THE NIGHT SESSION. t When the convention reassembled ] he article on penal and charitable in- 1 ititutions was called, and section 7 * jassed in the morning was taken up. Mr. Gooding, the chairman of the t jommittee, offered the following sub- ! ititute for the section which was t idopted: 1 Section 7. The governor, with four ^ jitizens of this State, to be appointed 1 by the governor, shall constitute a i 3tate board of cnarities and corrections, of which the governor shall be ] jx-officio chairman. They shall ap- i point a secretary, whose compensation ( shall be fixed by law at the next ses- 1 lion of the eeneral assembly after the 1 adoption of lhis Constitution. It shall 1 be the duty of the secretary to visit j and inspect all the public and private penal institutions of the State, includ- ] mg county and municipal almshouses, < jails and prisoners, ana report to the ' board, who shall report annually to ] Lhe general assembly the state and condition of the several institutions 1 fully and particularly. The said 1 board shall be advisory only, and 1 shall not nossess executive authority. < Mr. Bellinger, at the request of the ' committee on jurisprudence, presented 1 the following: Section 8. The penitentiary and the ] convicts thereto sentenced shall for-l jver be under the supervision and cor xol of officers employed by the State ind in case any convicts are hired o 'armed out, as may be provided b; law. their maintenance and disciplin shall be under the direction of officer letailed for those duties by the au ihorities of the penitentiary. This was adopted. Mr. Gooding offered as an amend nent to Section 9 so that the sectioi ould read: Section 9. The governor shall hav power to fill all vacancies that ma; 3ccur in the offices aforesaid, excep erhere otherwise provided for, witl ;he power of removal until the nex session of the general assembly, ant intil a successor or successors snail b ippointed and confirmed. This amendment was adopted. The whole article was then sent t ts third reading. Mr. Otts moved to make the report >f the committee on counties am ;ounty government the special orde V?r Sntnrdftv. Mr. Patterson moved to amend b; naking it Monday next. As s imended the motion prevailed. THE BILIi OF RIGHTS. The report of the committee on de ;laration of rights was taken up. Mr. Ragsdale of Fairfield moved t imend section 1 by making it reai hat they shall have the right I :kange the form of government ii mch manner as is prescribed by law ind not "as they may deem expedi snt." Mr. Ragsdale called attention t ffhere an attempt was made to chang he form of government by resolution He did not think the rights of th >eople should be abridged, but h ihought they should be required t proceed according to the forms o 'aw. The amendment was adopted. The section as adopted reads as fol ows: Section 1. All political powers ar rested in and derived from the peopl >nly. Therefore they have the righ if all times to modify their form o government in such manner as is pre icribed bf law when the public goo* lemands. Q/ist+isw* 9. All nntxrom nnf fiorAii M^VUAV/U V. A.HI. J^VTTVAU uuv v*< lelegated are reserved to the people lor shall the enumeration of certaii ights herein be construed to deny o lis pa rage others retained by the pec )le. The following sections were adopter vithout debate: Sec. 3. Representation in the hous )f representatives shall be apportions iccording to population. Sec. 4. The general assembly ough requently to assemble for the redres )f grievances and for making ne\ aws as the common good may re luire. Sec. 5. The general assembly shal nake no law respecting an establish nent of religion or prohibiting th ree exercise thereof, or abridging th reedom of speech ?or of the press, o he right of the people peaceably to as lemble and to petition the govern nent, or any department thereof fo or a redress of grievances. Sec. 6. The privileges and immuni ies of citizens of this State and of th Jnited States, under this Constitution ihall not be abridged, nor shall an: jerson be deprived of life, liberty o iroperty without due process of law lor shall any person be denied thi iqual protection of the laws. Sec. 7. All property subject to taxa ion shall be taxed in proportion to it ralue. Sec. 8. No tax, subsidy, charge, im >ost tax or duties shall be established ixed, laid or levied, under any pre ext whatsoever, without the consen >f the people or their representative awfully assembled. Sec. 9. No bill of attainder, ex pos acto law, law impairing the obliga ion of contractf, nor law grantinj my title of nobility or hereditary imolument shall be passed, and n< tonviction shall work corruption o >lood or forfeiture of estate. THE RACE MATTER AGAIN, ilr. Bellinger moved to strike ou ection 10, which read as follows: Section 10. The right of citizens o his State to vote shall not be deniei >r abridged on account of race, colo >r previous condition of servitude. The convention agreed to the propc ition to sike out. Mr. Ragsdale moved to reconsider [his matter would cast a shadow ove he work of the convention. There ;ould be no trouble about leaving it ii here. He thought the conventioi vas acting most unwisely in this mal ?r. Mr. Haysworth took the same posi ion. Mr. Bellinger said that there wa 10 reason in putting two sections fron he Nnited States Consitution in here !t was a place of political hypocrisy t >ut there, for it announced a doctrin hey didn't favor. The motion to reconsider was thei ost. Section 11 was then adopted, tins: Section 11. The right of suffrage a egulated in this Constitution shall b >rotected by the laws regulating elec ions and prohibiting under adequat jenalties all undue influences fron jower, bribery, tumult or imprope sonduct. FIRST ELECTION DISCISSIONSection 12, which was as follows vas called up and it turned loose i i flood of the first election laws talk: Section 12. All elections shall b ree and open, and each inhabitant o his State possessing the qualification provided for in this Constitution shu] lave an equal right to elect officer tnd be elected to fill public officers. Senator Tillman moved to strike ou he section, because the article on sui 'rage covered the matter. If you lef he provision that the elections shouli )e held openly, then the legislatur vould be debarred the right to estab ished the Australian ballot system, i It had the desire to do so. Mr. Johnstone replied that this pre rision was absolutely necessary; tha t did not prevent the passage and oj ;ration of the Australian ballot sys ?m. The fundamental principle o 'ree government was in this clause (vliicn was in every Constitution i: America. Senator Tillman said the suffrag plan provided for the appointment c jqual managers from the two parties Therein lay the preservation of th purity of the ballot. Mr. Johnstone replied that the laj thing to do was to trust the ballots c the people to managers. Never tak the management and inspection of th :ount out of the handc of the people The managers could up stairs, if the wanted to, and count the ballots. Tillman?The gentleman's argi ment intimates that I am advocatm fraud in elections. I deny it. t " l- Mr. Johnstone?Now, I have done >; nothing of the kind. r Tillman went on to say that his 7 whole desire was to secure honest and E e fair elections. 3 A LEGAL CONSTRUCTION, i- Governor Sheppard hoped that his colleague would not insist on his motion. The word "open" ment simply I- that it should n^fc be secret. That was a all that could begone. A voice?How ibout^off? e Mr. Sheppard?HeV been pretty 7 well regulated by the courts. He >t erred, and his error was corrected. P h Mr. Parrott?What about the in- tl :t come tax decision? g i Mr. Sheppard?What's that got to e do with this matter? Mr. Parrot?Was it not charged ^ that the judges were bought up? 1 0 Governor Sheppard? That's an opin- ?j ion that only originates in small and 11 s mean minds. (Applause). ? 1 Mr. W. B. Wilson spoke on Senator d r Tillman's side. He thought the man- ^ agers gave all the protection wanted. b 7 It was not necessary to be putin there P o at all. This wos a dangerous proposi- tJ tion. fi Mr. Johnstone said this dangerous " ( provision had been in the Constitution ? for 30 years. Was it dangerous when " in'76 it enabled u?to keep the negroes ?, j from holding secret elections. They ? J* say it can be put in the suffrage article. 1 Have they put it there? No, for the ? * same reasons, no doubt, why they don't want it here. " l" The roll was then demanded, and 01 Senator Tillman's motion to strike out 0 0 was killed, the vote being: Yeas, 58; a 6 nays, 59. ? Lt Mr. Wilson wanted to strike out the D ? words "and open." It was the same , ? matter in another form. " f Mr. Johnstone moved to table, say- n ing "for God's sake don't make this P mistake. They were all there to see ? that the white people remained in con- " ] I* trol of the State." The motion to ? table was lost bv a vote of 67 to 67 it r 0 being a tie, having of course that 1( 6 effect. n t There was apparently 3ome mistake a * in the court; and a farther count re- ? suited as follows: Yeas, 64; nays, 56. 1 & The question then came up squarely 0 on Mr. Wilson's amendment to strike ? 1 out the words "and open." The roll " 5 was demanded and the vote resulted as ? 1 follows, the amendment failing: Yeas, F r 59: nays, 60. *] '* Sec. 16 was called up. The latter ** portion was stricken out on motion of H 6 Mr. Mower and the section was adopted as follows: _ ? ? See. 16. In the government of this _ & State, the legislative, executive and ~ judicial powers of the government 1] t shall be forever separate and distinct P 8 from each other,and no person or per- . * sons exercising the functions of one 11 '* of said departments shall assume or ? discharge the duties of any other. ? -1 THE NEGRO QUESTION AGAIN. 11 L* Mr. Bellinger moved to strike out P 6 section 17. On a division vote of 65 to 11 6 12 the section was stricken out The ? r negro members wanted the roll call, " but could not get the requisite 10 ? L" members to second the call. The sec- n r tion read as follows: P. 17 Noirtion clavarrr nnr in ml l* untary servitude, except as a punish- * e ment for crime whereof the party u > shall have been duly convicted, shall P 7 exist in this State. f. r Section 17 and 19 were adopted with- ] ? out dissent, as follows: " B Section 18. All courts shall be public f? and every person shall have speedy * remedy therein for wrongs sustained. ~ 8 Section 19. The right of the people j* to be secure in their persons, houses, " * papers and effects against unreason) able searches and seizures shall not ^ ? be violated and no warrants shall issue * t but upon probable cause supported by 8 oath or affirmation, and particularly 11 describing the place to be eearched ? ' and the person or thing to be seized. ^ C ANOTHER LIVELY DEBATE. sl j Section 20 was taken up: b 5 Section 20. No person shall be held T f to answer for any crime where the r, punishment exceeds a fine of $100 or tl imprisonment for 30 days, unless on a g, presentment or indictment of a grand fj ' jury of the county where the crime shall have been committed, except in sj J cases arising in the land or naval ^ * forces or in the naval militia, when in f< r actual service in time of war or public p danger; nor shall any person be sub- n '* ject for the same offense to be put t] twice in jeopardy of life or liberty; t] ' nor shall be compelled in any criminr al case to be a winess against himself; r( 5 nor be deprived of life, liberty or pro- c, 1 pertv without due process of law; nor p 1 shall private property be taken for g * public use without just compensation. f. Mr. Stanyarne Wilson moved to t< * strike out the words "where the pun- a ishment exceeds a fine of $100 or im- c s prisonment for 30 days," and insert in 0 1 lieu thereof "before the anu't of gen* eral sessions." r> "M"- TnVincfnnO OQ1/1 flllO flmfinflmfillt mi UV/UiUWUVl uiviv* ?r e simply meant the initial movement in ^ the establishment of a-system of coun- n a ty courts th at would cost the State $70, - ^ 000. If this matter was carried through the legislature could allow trials for a s murder and arson by a jury of six e 6 men, without an indictment by a ^ grand jury. There will be 72 new ofe ficials and what is to be gained? The ^ Q abolition of the right of trial by a jury -p r of 12 men. y Mr. Hutson moved to continue the ? debate on section 20 until the judici- n '? ary article was taken up. This was a agreed to. j CHANGES OP VENUE. g ? Mr. Bellinger offered an amendment ^ ' to section 21, allowing changes of y ? venue to made. * 1 The section was as follows: s Section 21. In all criminal prosecutions the accused shall enjoy tne right , } to speedy and public trial by an im " partaial jury of the county where the e | crime shall have been committed and ^ a to be informed of the nature and cause 6 of the accusation; to be confronted ^ with the witnesses against him; to ' have compulsory process for obtain- jj ing witnesses in his favor and 1o have the assistance of counsel in his de- , fense. . He wanted to strike out the words J i -n II "of the county where tne crime snaii '* have been committed." S He wanted these words striken out. a There had been ten lynchings &. Barn- a well county in his recollection. He ? was free to say that he believed each one cold-blooded murders. None were J- for unmentionable crimes. Itwasim- 9 e possible to get a fair trial and convic- ? tion in such cases. He wanted it ? struck out. Another matter?there ^ ^ was a provision in the dispensary law " e which allows a change of venue before y e the grand jury passes on the case. * " This he did not think should be done J y in any event. * His amendment prevailed and the e l" section was adopted as amended. ? g ? 1 [CONTINUED ON PAOK POUR.] S ' ~'*Sk ======3= OUR STATE FAIR. * VERYTHING NOW POINTSTO A MOST SUCCESSFUL EXHIBITION. ood Work of the Agricultural and Me' - -Jtiik chanlcal Society?Cheap Fare on the Railroad*?Colombia Interested?Every. thing Promising. Columbia, Oct. 19.?Special: The reparations for the coming fair of le State Agricultural and Mechanical ociety all indicate that the exhibition 'ill be in all respects the very best lat has been held in very many years. he officers of the society began very irly to lay their plans, and gust now lere is every promise that great sucess will crown their efforts. Presient Moore, himself one of the most nccessful and progressive farmers in outh Carolina, has taken special ains to perfect his plans for the fair ais year. Secretary Holloway, a vetran in the business, has been more ian active in his work. The board of irectors have fully realized the situaon, and their zealous and active coperation has been with the officers barged with carrying out their plans. he citizens of Columbia, too, have in quiet but very business-like way, one their part. With this combinaon of interest and endeavor, there an be no doubt of- a fine exhibition? ne that will be a credit to the Society nd a source of pleasure to the great rowd of visitors that are now sure to e 011 hand. > *3 A very serious drawback to the fair ist fall was the fact that the railroad ites were not so low as to tempt peoleto make the trip. There is now othing wanting in this respect. For iree days at least, during fair week, 1a rofo rxrill Via T r\rxr an mi rrVi fnii a n it AV A UWV V? AAA WV XV Tl VAAVU^AA AVA (Mi T ody to come?only one cent per mile , :>r the distance traveled. When a lan can come fifty miles from home nd go back for* a single dollar, he ught not to complain of railroad fare he rate now offered is as cheap as any ffered in South Carolina in many a ear. Indeed, the "oldest inhabitant" nds himself unable to recall the ocasion when any more liberal arrangelent was ever made for any gathering a South Carolina. The schedules, x>, will be arranged with due regard ) the convenience and comfort of lose who wish to see one of the most ttractive exhibitions that have ever een afforded to the people of the State -the men, women and children that ke to come together for pleasure and rofit. Judging from the number of anplicaons that Col. Hollowav has alreadv jceived, we may say tnat there w?U e a very decided improvement, over le fairs of the past three years, in the umber and the variety of the exhibs. The greater interest already shown, 11 over the State, in the success of the lir, together with the efforts of the fficers, has extended to those who OTTA /IOUIA VIAHOQO rMi/vliinfo OHH im_ ayo uaubiC') uv/i^/ivuuvua MUU II?I lements whose merits they want to tio w to the world. And thus there is, as ? 1 ready stated, every assurance that lere will be a fine exhibition in every articular. In fine stock, more especilly there is now promise of an exnibion that must prove of great value to lose who would see excellent speci- / iens in this line, and who desire lemselves to diversify their operaons on the farm by raising blooded orses and cattle. A good programme )r the rice-course is also arranged. In addition to the fair proper there ill be much to interest, entertain and muse. The exact plans have not yet een made public. But the active and beral efforts of the merchants and ther business men of Columbia may ft rfllifid unon to rarovide addl onal pleasure for those who mil be the recipients of Columia hospitality during fair week, he details .have not yet been all aringed. But there will be no lack of lat sort of amusement which will applement what is to be had at the nr itself. Present indications are that the sesion of the Constitutional Convention rill extend into fair week?thus afDrding numbers of the people the oportunity to witness the work of the len to whom they have committed le important task of framing anew le organic law of South Carolina. From all parts of the State come the sport of bountiful harvests of corn and otton the latter staple selling at better rices together with the promise of a oodlot of home-raised bacon. The irmers are in better heart. In no bet;r way can they expend a little time ad money than in making a visit to /AvMmn/vl* T nf Arrnwrrlw^'TT umuiuia, iui" liui neon, uwj Dme aijd bring his wife and children. A Murder Mystery. Pacolet, Oct. 15 ?The body of Silas [aney, colored, was found early this lorning about one mile above the staon on tne railroad, terribly mutilated 'he head was severed from the body nd one arm cut off. There was a baskt and two or three bottles of whiskey y the side of the body. It is known that the dead man came own from Spartanburg as far as Rich [ill with another colored man, late esterday afternoon and he left a col red man's house near where his body ow lies about 10 o'clock. At the inquest evidence may be prouced showing the cause of his death, ilas worked at the stone quarry and ras rather a favorite with his emploers.?Stat? A Brutal Murder Greenwood, Oct. 13.?State Constale J. J. Moseley was brutally murdred this morning at 1:15 o'clock. He ras at the Georgia, Carol i?a and Nor lern depot, where a large lot of liquoi 'as expected on the night trains. He sked a trial justice for aid and had le constable of that officer accompany im. While transferring packages, after e had seized them, a negro grabbed a ug and ran. The express drayman red two shots and Moseley fired two hots at the man. A negro behind Moseley shot at him t close range, killing him instantly. I'ort Royal or Hrooklyn. Washington, Oct. 19.?After an in* uiry, the navy department has decidd that the depth of the water in the Iry dock at the Norfolk navy yard rill not permit the new battleship ?exas to be docked there. The dock vas found adequate for the Texas beore she was fitted with armament and >ther heavy material, but she is now oo aeep in the water to permit her to inter. She will be sent for docking (ithcr to Port Royal, S. C., or Brookyn navy yard with the probabilities trongly in favor of the latter place.