Historical Newspapers of South Carolina

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. c A l . 20, -- 2Z~1 ir"& o- WENSA MOR INGWMA kzn R L IN vmwmcTG tavade6 ymr edant. 4CV -against the -late ConLvei :-x - - - b~ubm,itted -mm!"pMte upon - a' 't t -Ah law..la God pd . .h a p r t are ap a -- 1 "Tisis e i~AsiiJeti o o r - n west e-w o t -bydteath,i ne 4 abm po er. gress, Vouime of pseee inmay Ijn' cae~ T y hl tht Legis ress.could aut1orio -e trial of a .citi.e by a military court -The ,ramem Lf th1s Vostitution did noCiktendto leave the .legislative dbetju uin this pirticular. fte.- 28-Clearlf and distinct iy empowes and authorizes the. egilatnure to keep up and main taiu a standiug arny in time of peace~ This AarMIn power- is giv,en too- viost adroitly, -6nder 4fpretene tat- armies being dao'gerous to liberty, oughtot to be maintained _in time of peace. 'without ther6onsent of the Gene ral Assembly!' The purpose of -this section is to enable the Leg islature to7 geep up,a regular forue offive o ten thguswnd .hegro sol tjsetie t'(ihie rape -f afr t"estates forces -ari e iuemF Suth'CarolinaI The tdntiat'ion on the United States p -i - prohfe -it- - Stat KR.Tof,peae.' u t1-.hi Consti iithtl O~~tof _A 44 - ei &,q Mtion 4edses- - nfa b.dde ~Se'c. 2 of Mt-rides that thedjUdga :of-'the Suprene Ootfit kfiallWieeted for si'years, ?*a6ofAke.tame arti(Ae. orbithic:Ciren tedys ordmo ai1ie. s1tro pedesec -of- tfie iadRi ar iid ~ak e n j$ cal. pa?tiaa% th aLthe tem tan-ad'r: _pttiYn* of politidians. n order. speuT4e-ke re-ele-tion, they mus4bene n bierieUt to te : are to ey t.eieto oppbmtheifr Iu Qkiif Vinions to. a,&yp $W,pny whih. raf - he 4weepiilg over,fre tate2 W*Ibt- tWe dgdes ,,f -England ..vep.emiso gring the pleasvre,Of the Crowh, they weitalways i taat4s nieu fafeRretofote j4 L tdia ~0 t&s StateQ, eeJe for Jite, h4ive a r1ystengpr Q yoeh '*is *igifg|ble r been fled" iihy~ -st fof sup -in pao (hiefudiciryg SQuths Caroling win' be:comi~pt-and sub Aec.- 2,Ai1es-JuAfeesf the ~eaceiditice i.cases of bas tardy and al -conitracts' atnd- torts as high at $,e0s.This siIl .open t a fb>od.-gatessof litigatiom.'and 'ep-the ge6pte iih contau ex :site to -disturb ihe peaeea.fd~ rance and prjudice wil be sitting ti juidgm-entOin thie'ri-ghts ad- lib e?ti.es.of.the pepplet -Sec. 26-Denie the 3ndges the right of chairgiig juries in r'espect to matters of facts! In.l most ea -aes tried inour'cioarts it ig'abso Jetey aessar-for the Judge t niggi' t~e raetejii order-for thxe jurte (o' properly underilnd thenfaan gi&-corree verdiet. This. Wilf be mnore iniperative ierez.l,er' hen -our formier slaves shall be sitting on these gjuies. In ScdSp^ffetedl ejvel ae, before a itupi4(igniomat Jorg, undier- this as'triQtion,' the trial by jury will be zanockerf of jnstie,e. "See. 33--Takes from the Leg islature all discretion as to the adoption~ of the proposed amend dienttof the Federal Constitution, disfranehising the people of South Carolina. This amendmnent, re pudiateil by;Ohio, California, New Jersey and.. even Massachusetts, was saibmitt,ad by Congress to the several State Legislatures for their adoption or rejection, as to them-'eioi*dl oper. They Were todag ik ments and decide.for thenmseves. - But this etidn enears thei before-hand to-adopijt, whether wise or un wiseglyat .or uasjoet! "$eeg24---eelares null and voiff all contracts fbr tie -aurehase of' avea,inoation of the ront tution of the United States, whic declaregthat no State shall past any law impairing the obligatior of contracts. This section was in. tended as a fraud and deception a bribe, to induce the people, owing such debts, to 'vote for the .Con stitution. It is a nullity, and will be so declared by ~the Federal Courts. But this will 6e after the cheat has had its effects and ac comiplished its purpose. &"Sec. 2 of ART. 8--Enfranchiseh every male negro over the age o twenty-one, whether a convict, felon or a pauper, and disfran ehises every- white' man who hat held 6ffiee in Sou-th Carolina. In. telfigene, virtue and. patriotim a& t6 give place, in, all - e&tions, to igrorance, atupidity:.and vixe. The superior~race is to be- made subservient to the inferior.. Tax s.tion and representatiou are~ no lager to- be united. They who Own property are to levy taxes, -and.mak6 all appropfiin. The -pro'pertyloders h&ve to pay these t s,twithoutf having any voice :in levying them! The consi quences- will be-in effect donfisea .tion. Th appropriat ons to sup. .port free ;sehotls for the -education -of negromildren, for, the support of old igroes in,the poor bouses, audthe !FiousJn. jails -and pen -teiery, Obger with 4 standing armfef iegro' sohirm. will be t-rin g amit. ptteryi geneus to -the7 State. Every.manie preoery w il have to-: be s6ld toay his -See. 8-xpressly proh -bthe Tile ( v ct'Z.' lacey.of , Lright pf.afrage> It was ap preh'wked4hat ia -a ftw yars 4v lrge proportTon of the. negro v-6tes mights-be-coi ieted'of la'r cony, and the radical-party tberhy shoirf 6fthilr stfen gth itt all eleo tions. -Butigit 'totmmtshamnefil, that iv for g-. -qoustitution, care -should - taken to preeit r gies froim, beir g disfrauchised, whiItqthe sacaut ion is eercised toaxNude th'e tIost~ In tliiV( venon's~ gr patriotic from the right otgp1raget Ri would seem. iMat the ..pur-pose .of the farmuers 4thip ganstitution was to founid a.camildiimity of rogues and paupers ini South Caroliiia! - And so astute have they been in <-airying o.ut their pm-pose, that they provi'de in section *12, tihht' ail whio. have already b6en colieted of felouy sbbaH bieallowed to .vote.. Se. 2 of AR:.9--Prohibits the J?egisaiare from -levying a poHl tax~of.:more than .one dollar on eachi person, and deslares that this tax sbaH be applied exclusivelf to the:nililicschool fnnid! AJid nu additional poll tax.shall be levied by any municipal.corporation, Ii other words, the property jnu.st pay all the taxes of the Govern mient, and persons shall pay noth nug for tiieir protection of'life and ibertyi The ideais t-bat.vagrapts ~and rogues are to h,e a sort of soblee, ex'empt from^*taxation, as wvas .the base of the aristocracy in France previous. to the French Revolution:- In order to secure the school.fand, section 15 aut horizes the Legislature to punish those who. may embeizle i , by declaring them disqualified foi- holding- any office of honor or emolument in this State. But, then, true to their purpose of vesting ,all iiolitical power in t.he hands of such per sons, it provides in the same see tion, that the General Assembly, ,by a t wo-thirds vote, iay remiove the disability upon 'payment in full of the princip.al arid interest of:tbe sum emzbetzteel. If- ain -h*stolen money fi'rmthe public, he may ,still hold offce under .the Govexi-nient, ift h6 wili 'vive up like a gen ti,man,' th-e money stolen.' "See. 16-ProvNde .that on . ebt eontraeted by. this State in behalf of the late rebellion, in whole or in part, shall ever be paid. Why should th-e non-property holdling neg-res. Ynkes arnd Southern -renegades in the Convention pr ihibit the prop-rty. holder froin pa3 ing these debts, if they see propc to do so, and preserve untarnishe the honor of their State. Thi war debt was contracted with hor est creditors. many of them widow and orphans, and why should it nc be paid.? The property holder4 who assembled in Convention i 1865, and who woiil' have to pa this debt, never. thought of r< pudiating it. "See. 3 of ART. 10-Establishe a uniform system of free publi schools through out the State; an provides for the division of th State into schools di-tricts. Tbi wil[ do very well in New Englan( where they have a-dense poptlh tion, bul is wholly unsaited to th Kparse -popalation of Sout h- Carol na; In many of the school di tricts, four miles sqnare, there wi] not bt a child to be eAuated. I a majority of them there will no be children enQugh tinake a. rc spectabIe school.. Th expense c uch a system wiR, Ae av tleai 1.1,000,000. It contemplates -an forces the-eencatioif the whit -und:Jack cildreh the AM school, T b iA, no Mind "tholi has an;1 tegard. for the nor s- manner ind futaro respeetibility of- hi children, willtoleratg They wh4 tire able,may ewploy-prate titor -br theirsons and dagghters ; bu the poo-childrjn wilthave no a] tetiative bt tog6to-these schoolk or be aneducatcd. "See 4.-Makes it 'mpulsor f6fliA effdren betw 7'th age for two years. The 4n.iphisor; syster may. suit the gen.ius of despotic Goveinment like Prussia but, is, at war with the spirit o our free institutions. - ~There ar< nainy parents who are not able t4 *pare the-services of their childrei at1oe,: andnIany otlers w114 -areA 1in' a-endition to, furnisl anTboks fai their attendance. a these smhnols. -Atleast a .iaren sho ld be peinftted, in a fi-eeRe pbli r-an country, to govern hi owi, household and determine - fo: him niet what is best for1 him to (do Ia order to supOt t hesel4ebooh -a pll-tax of o'ndollaxr pei- h.a< is to be levied, whieb might rais $1 0,001). This wou1d leave $900, 0OO to be paid by tuxation of' prop erty. See. 8-Provides for the :es tahlishmnent . -of -State -reforn selLools for> juvenile 'offendere This is a pewrsysteti to be intro d.uee4 ini South Cairoln4 and'o very doubtful policy. It will cer taiil'y -add hd'ndreds of thousanmd of di>llars '-to. our taxatiou. AlI the public schools, colleges aii fnivyersities in the. State .are, b' section 10~, to t)e free and open tV .alI the children. without regard t< race or color. Thet e seems to b< a studied desire throughout: al the provisions of this miost inifa mous Constitution, to degrade th< ,white race and elevate the. bilael race, to force upon us social as wel as -political equality, . and brin; about an amalgamation of races "Sec. 5 of A rt. 11-Forces eaci County to provide for the suppor of the aged, infirm and unfortu nate. It does not require childrei to support their aged, infirm o u nfortun ate parents, nor parent to provide for their children ;' bu this heavy and most enormou burden is 'to be tb~rown on th p)ublic and jrovided for by tax~ tion. - - "Hleretofo*e ShuLh Carolina ha purused a Misepglicy in Ibefusin1 all divores Phe 'marriage con~ tract is e.t hat of any othei which the parties may rescind a pleasure without injury to .socie ty. Th(re is a third party-innc cent:-a:Ed h.epless child ren--wh< are deepIj :terested in all di vorces. M6ieover, it tends to de moral ize every community ivher it is allowed or tolerated. Bm >- to grant divorces. This section was intended, perhaps, for the es r pecial benefit of the negroes. It d ought also to. have legalized poly s. gamy, which has likewise great - fvor with this class of people. 8 "The- settlement of a wife's prop erty, provided for in section 8, Y might have been left to the'discre tiorl and wisdoi of, the Legisla V ture. It is an experiment, and if fud mischievous or unwise, the! Legislature ought to have the s power of changing or altering the c law. But this ordinary act of leg I islation has been incorp6rated in e the Constitution as a fundamental a law, not to be repealed. "Attached to this Constitution,1 are seveAa. ordinances, -and e amongst them one- which, repudi -ates all plodges of f4i.th and credit, on the part of the State, to anyJ corporntion or private hidividual, made siice 1860. .The honor and t- credit of South-Carolina, her good faith and niost 8olenln pledges, are thus treated as of no consider t ation whatever.- But this oidi Sn-Ance is on a -par with that. dis r"honor, despotism, and -unserupu h lausextravaganee, which pervade the Whole Constitution,- and are S worthy of the jnfainous source S whene& the instrument has its ' or'igin. - S. "Tlordinahee to create-a Board t of land Commissioners, a9 thoizes the purchase of lands for the pur pose of.selling them out in small tracts to - purchasers -on crecit. This wild-and rinos sebeme is, i.likeyise, for' the .neroes, -n_is the land'e( n,nissioners and their L f4end*. - State stocks are to be is r sued for t he purpose of yurheasing. f these lands. - They may be sold, but the purchaser6 will peyer pay for theml, hnd -the los& NwiltUki i itely f1l upon the Stave. Did ' any orfe ever before -hes. f st Mg inny Offective -provisions folr :4quanderingpu,blic money,' when the whole-State, and all the-people in it, are -reduced to bakruptey and porerty?" Thushas itbeen shown, in te above anialys,. how injuriously -this Constitution .must atfet the interests of the- white -ma 1, and ho,w' inconsistent it mut rokve Swith the peace. and prosperity o1 the State. But, in addition-to this the.Commnnittee believe thatt it can. be shown ,thaLt the -said Constitu -tion.is not the less inju-rious to the .very class-to wit: the blacky~eople --whoni itsaeemed most especial1v to have.been dteigned to benent. f' On this point, the Committee ask - leave to~ invite attention to the c *omments of the Hon, A. Burt, a nd of this ablest lawyers -of the State, and a .man- of the highist character, and of wellkn6>Wi polit ieal conservatigrm. The fiallowinig Sis his languiage on the subject ~f Sthte provisions of the newi Consti Itution, which confer the power of - taxation : ~ An analysis of the provisions of the new Constitution, which confer~ the. power -of taxation, I Shave not a doubt, wilt assure any (anldid mind that no people on this 1 continent can endure the burdens t which it imposes. The~.prinlciple - which pervadc;s that entire instru 1 ment is that all taxation, except r for a single ptirpose, shall be im S p)osed upon reed estate and Upon L the income from the sale of maer B chandize. In estimating the in s equality of taxatien, we cannot - omit the faict of.the great diversity between the two races which -in s habit the Staite.n A t this momeItt the. taxable property is- beld by - one race, and under that- Consti , tution the p)olitical power is vested t exclusively in the other.. Nnt(only - are the ordinary aopropriations - for the civil service of the State >imposed upon the property held' - by the smaller uiuritber, but the - other race, as a race, is at fle' Spresent mormerit entirely exempt t fronm any taxation, except for the -suppnrt.of nnublic- s-hools. A veryv large number of the race which own the taxable property are dis franchised--cannot vote, and can not even hold the hPmblest office created-by that Constitution; while all others, without reference to property. to educational qualifica tion, to past citizenship, or any other qualification, are allowed -to vote. Need I say that this is a condition of things which the world neyer before witnessed'1 Your ancestors proclaimed a senti ment which has thrilled through every American heart, reached to .dist4nt countries, and been incor porated into their constitutions and laws. It is this, that taxation without repres6ntation is tyraniy, Now, not only is a airge class of property-holdemr in South Caro-. liua disqualified to vote or hold ifdee, but those who may vote or hold-offlce are not reqnireA -to have any- property quali4ieation8 or. to know a letter, of the alphabet,_ as many of then will no know. I say tb;t-aJnore arrant and infa mous spoliation of a class was never designed by any eoutiv on the face of-the earth. Now, what-must be the donse quences? propei-ty unler,f6rnS of law, in th&uie' of.f taxation, will be transferred from the hands afh5ose who now possess it'.to otLers. It isinevitade. The hol ders of taxable property in South Carolina cannot tody. and will not hereafter, be able- to pay the taxes imposed upon them. Miy of You whoare .aWe.. tq fbrm -some rea le pje(UrQ a6 asert their 1imsupon the tharity und4aymhpathy of te MAtaeYou have alreA<ty had-some experfenie with referenice t6done race, and~ 1 am persuaded you wil not have the tiightv6t diffic.ulty in making your calculations. No,t.. even a negro father,,son- or husbaud, is required to-.-contribute a d9llar to wards the Lipport of theraupers of his race. He next 9ddresses himself &ore .especiallyt thecolored man, and remaks: . :lf there be any colored man who ii itends to be. industrious; irugal land moral-to -elevi~te himi self and family-to that man lde sirec to sa~y one word': .Let him acquirn real estate and learn .to renid and "trite, so that he. may be placed' in the category of the white an .. who owns taxable property,.and if' I am not-totally inist,aken in the opitniWI have de ri-ved from sucessfu'l and eyitical examination of the new Constit. tion, he- will be unable to .retain his property three-years. 'It wi be taken'from hiimby those of his own race who.are Idle, thriftless', and do not meanto'work. Hence i.sthat I call upon a'1[eset ble -colored men ,' who entertain hopes of future prosperity, to de nounee that Constitution and join his natural, ancient and true friends in opposing itsratification." Next, after exposin~g the decep tive features in- the Constitution proposed on the -subject df the homestead claim, and the annull ing of all debts of whbieb siavery were the consideration, and after some comment upon the danger ous organization of the judiciar power of the State, he conueludes thus: "In my judgment, a Constitu tion with such enormities in it will prove futal to both races, and more fatal to the black than to the white. The colored man wlni has acquired piroperty has really more intersest irr. preventing that Constitutidii fr'om becoming .the fundamental'low of' the State than you bave, and I*Lust he will not aflow himself to be deluded by those ivho *ould make him- be lieve that it ia, hizs intWrst to op p e the people who have reared and nurtured him through life. So cumbrous arnd complicated is the machinery of that Constitu tin naisting,a it. dons, nf the most minute detaiils, and -so ,buj densome will be the g06ieiat^n whieh it iriaig6rates, t'.t # will, be crushed byite Yo4W e0o& bear it. As well ngY t e ry harness of the maild wdit r-1 put upon the limbs of an i">p - as Ir these burdens to bei mposed - upon the impoverished people.-d South Carolina. None bit I-:. ple rich and highly edueted eft6 livei under tbth)atfi4ntiO tIn '#. -k itif you will, but I tell yo "h: . tlemen, that antagonism wt.A excited hetween the two rakA, and confliet may be. the Iniel Under it peace and harmo"rk - - ut-teriy.imyosble'ibrSo4tV lina" We have thussuggepttsges honorable body soine of the ioil dent objections to yoar J%dbpti3 - of this Constitoaion. - We - wt - aH:l.rgamenit upon th(s~ubje4a its validity. It i 4. Cadetiuon de factoi and that is' the gro1 upon whieli We ap)pt aeb-Yer honorable body in the 'pOFW4F earnest remonstrabe. -TwhtM stitution w'asthe .wtfrk Of 1%X it- - Ieradventuvers; Sueerife - -- gades affd-g-norAi t a oie per centu.oho hit ulation-of the site r I ind not tw'e m of e - groes who voted for.itfs if ii know anypmore than^ao or cat, what his act of voting ia. plied. That Cortnsttion enra chisecs every^male negrove age of twenty-ope,.an-4 H4i. chiises m any fth tie M A best .whj~itympfsjM 0e the whites, the .0feet i. b new Constiuo etd&d - this State uegro s4p all its'train of.vountkas eVA. , superiOr race-a_ portio; ea*M6W and RepresentatiVebi, .* td" -_ proud race- toi which It i -1o. privie-to belonig-s tii ui4, o siares of yesterdy e freedmen of to-day t that there can be .ny jtistJ e i-eetmstrnetion daii hkift',- M Cora mitte yesp--Q e behalf of their white fellow-eiti ': zrnis, tha~t this cannot b~e. % not inean . to threaten .resi~~~ of our State Will neier qurietly si - mit'tonegro.rder We,alieve to pas undth he folke jo by poiitic'at organizatiori bye - pe'acefal means letA us, 3-p''y - - keep up tis conte0 Ndil'wei rega'ned the h%rftag'e OpOlititei control handed dowun.td n9 by an honred.atnes~try. .This is's dt we owe to the lanel that is ai, -t the gravis.that it con tais1. di the.race of..whichy yotad>e: ovo- - ali-kei eniber's-thie preid- C6t casian race, whose sover,eigatyon 'eart b God has ordained, and they themuselves have'illustrated oni tk most brilliant pages oftieel history. Nor, Senators *nt Repr "tati'a does the State of South. Caralina artir, at y our hanIdithe, ,.oliticat trejsaeae that has bti-en.meted ouppo ber altai4 stint. - It is true, South Carolina took, the tieldpromthl,1in the late aer he(weeni, klie.$tae.' 'HerrbnJlIe emnisrked te'ir all ini.4he struggle, r,erause the sorei - eign~ty of the State demanded this~ off them. But w ben the a ar ended, edI~4 tie rbitrauwn-it to.whicha they rea*sted; sas advers'e to Iheir cauwm so ~'popl ever ytehuled mo're greter ly, the Me cree- of Proavidte. Qaistyibeye tpi4 do wa t heir aiiuas, and, W, pence, they be. otime law' -ahidinIg, as, is wa1; they ha4. been l.aithiful to their fing. They accept ed the legitimiate resultsi .of the war. IThety were ready to abip.ii s.ew cli,ai o the right of their Stat e peaceahly su so cede froma ihe UnIions, and they aasented, ini Conv~en.tion aseMubled, to the euranci-. pat ion of th- it slaveii And utea-, were the State admait.ted info the Union, on S jut anid reasonaibha'baisis, se hesitate o t to-deJaie th'.again-ould :our,peo. ple groet the starry ban,ner of the Ulejen, and-unite with thaez fellow-citisea~ the whole cuntry inn thie effort mote the glos, hrealh'and our cimrun ilmd,. S In our relations,a. with the black- pep. he at ares not di.-pos.ed to exact ahy4 gthat ju.,t meen may densy or heaven disap. pro% e. When Snnth Carolina aseanted to this