The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, March 11, 1868, Image 1
An Independent Family Journal?Devoted to Politics, Literature and General Intelligence.
vol. a
ANDERSON, S. 0., WEDNESDAY, MARCH 11, 1868.
NO. 38.
BY HOYT & WAITERS.
TERMS:
tWt> DOLLARS AHB A HALF PEE AHHTTM,
IM UNITED STATES COBBKNCT.
RATES OF ADVERTISING.
' ?^?rtfeements inserted at the rates of One Dol?
lar per square of twelve lines.for the-first insertion
3jH?d Fifty Cents for, eaoh. subsequent insertion.
Itibaral deduc??riimade to Lhose.wjho adverti?e by
jjgrgg-s For announcing a-candidate, Five Dollars
in advance.
Beconstruction Convention.
THIRTY-NINTH DAY.
TJie convention assembled at 10 A. M.,
i&Stuawdaj^and was called to order by
*$be President, A. G-. Mackey.
,-grayer was offered by tbe Rev. Allen
Ifrankltn..
The roll was called, and a quorum an?
swering to their name, the President an?
nounced the couveution ready to proceed,
to business.
The Journal of Friday was read and
Approved.
B, P. Randolph, moved to suspend the
r?les?ef the House-to take up the Ordi?
nance requiring the Legislature to ap?
point three Commissioners to investigate
What Are the outstanding obligations of
the State and their validity.
The motion to sospeud was not agreed
.to.
The consideration of the Judiciary re?
port was resumed from the 19th section.
Mr-J. M. Kutland offered the following
?s a substitute for the section :
,4Tbe Judges of the Court of Common
Pleas shall hereafter be invested with all
the powers of Chancellors, to hear and de?
termine Equity causes; and the rules of
fiactice which now govern Courts of
quity in their proceedings shall continue
Until changed by law.''
'?There shall bo at least two annual
sessions ot the Court of Equity in each
Judicial District in the State, to be held
at such ti'mes and places as- may be pre?
scribed by law."
V "it shall be the duty of tho Judges in
Equity to file their decrees within ninety
days from tho day of hearing euch case
respectively."
"There shall be one Commissioner in
Equity for each Judicial District in the
State, to be elected by the people in. such
districts, whose term of office ?hall be two
years, and whose fees and duties shall
fcontiuue tho same as ac the present time,
until changed by luw."
Ii. C. Drlurge moved tho indefinite post?
ponement of the substitute
Sir. E. VT. M.'Afacfiey moved a post?
ponement of the further consideration of
the original section until Tuesday next,
lit 11 o'clock, and that in the meantime
tho substitute be printed and laid upon
i?ie tables of the members.
Mr. Rutlaud seconded the motion.
R. C. Delarge opposed the motion to
postpone simply to print, on the ground
that it would establish a bad precedent,,
anil before they finished their work on
the Constitution they might have to
postpone, nearly every other section to
give time for printing both substitutes
and amendment.-. Tho substitute as read
va?* well understood,a8 it proposes to intro?
duce into the Constitution what they pro?
posed to keep out, "that is Courts of
JEquity.
Mr. U. II. Chamberlain differed entire?
ly with the delegate from Charleston (R.
C. iXfrLafge,^ It was at least an important \
And"" open question, whether something
in tho nature of the provision proposed
by the delegate from Fairfiold (Mr. Rut-'
fand) should be adopted, or whether, at
?ne stroke, it would be safe to abolish the
Court of Equity and all the officers con?
nected with that Court. It wax better,
$nd he believed that the majority of the
Convention' would be of the same opinion,
Chat-Jhe elaborate and carefully prepared
substitute of the distinguished member
from Fairfield should be printed, and thry
sWo<jd,d, have timo to consider it.
The question, bemg put, the further
consideration of the 19th section was
postponed, and- the substitui-i ordered to
bo printed.
Section 20th, providing exclusive juris?
diction "of the Court of General Sessions
dver criminal cases, and for three terms
every year iu each district, was passed
Without debate.
Section 21, providing-for ?he election
every two years of a Board Of County
Commissioners, to have jurisdiction over j
roads, highways, ferries, bridges, and in 1
all matters relating to taxes, disburse?
ments of money for district or county
purposes, internal' improvements and lo?
cal concerns of the respective districts,
caused some discussion.
William MeKinlay though1 the section
Conferred'unlimited and dangerous powers
upon the board it proposed to create;
powers capable of great abuse, and if in?
judiciously exercised, calculated to entail
rum not only upon the1 district, but upon
tlie entire State. They would have the
power, if they chose to oxercise it, to pur- ^
chase the right of way to construct main i
roads or even railroads where not needed.
Pf they deemed"it expedient for the bene?
fit of. their district, they could undertake
to clean out rivers and make navigable
streams that no ships or vessels can reach.
They would also have the power to collect
taxes. He moved to amend tlic seel ion
by "establishing a Board of Count}' Com?
missioners, which, under the authority of
the General Assembry, shall supervise
roads, bridges und. ferries,, and. discharge
such other duties, appertaining to their
Bounties as may be authorized by law."
F. L. Cardoza opposed the section as
Bntirely unnecessary to-the completeness
of the judicial'report, besides tying up the
bands of bhe Legislature and preventing
ihem fjom; making laws more adapted to
jiouniry purposes. He thought they
uhould not enter into details, but only
specify general principles for the Legis?
lature to acl upon. Such a matter as
providing a Board of Commissioners to
|ake charge of roads, bridges and ferries,,
he thought should be left to the Legisla?
ture, and if they made a law one year
that did not work well, they could repeal
i-t the next. He moved, therefore, that
the amendment be laid on the table,
which would carry the section with it.
Mr. Bo wen said there was great neces?
sity for the section remaining as it was.
rCho only objection seemed to b? raised
was as to giving these Boards jurisdicti
in matters of fine and disbursements. '.
wished to add that under the laws
South Carolina, subject to no alt?r?t i
by the Legislature, there are three diff
ent Boards of Commissioners havi
power in oach district to assess taxes a
be responsible to no ono.. They cot
assess taxes under the Sheriff and nobe
had any business to open their mouth
to- the propriety of the assessment
where the money goes-to. The provisi
proposed in the section can be found
nearly every State Constitution of t
Union. In some they aro styled Boar
of Com missioners ; in others, Beards of S
pervisors.. In regard to the constructi
jot railrouds he would state that he pi
sumed no body or set of men would j
tempt such an enterprise without havii
that indispensable instrument and cht
ter from the legislature.
This Board would ouly hare jurisd
tion of county matters. He hoped t
i section would be adopted with the folio
ing amendment :
"Provided that in all cases there sin
be the right of appeal to the State Courts
R. C. DeLarge offered the followii
substitute for the section, and as an oli
branch to stop discussion :
"The Legislature at its first sessi<
shall make provision for the election
three Commissioners for each county, ni
shall prescribe their duties and powers.1
R. B. Elliott called lor the previo
question which was sustained.
? The question being put on the amen
mont offered by Mr. Bowen it was agroi
torand the 21st section pussod to ita th i
reading.
Section 22,. establishing a Court of Pr
bate in each Judicial District, and pr
viding for the election ot a Judge of sa
Court by the people every two yeal
after an unsuccessful motion by B.
Randolph to give the election of Judge
the General Assembly, passed to its thii
rendir, j*.
The Special order, being an ordinam
providing that minor children shall m
be deprived- of their teal estate, tran
ferred for Confederate securities or cu
re ney, was called up.
Mr. Duncan offered tho followin
which was adopted, and the subject mai
the special order for 12 o'clock Monday.
Resolved. That thin report of the Con
m it tee on Miscellaneous Matters, toge th?
with the Ordinance, be referred to the Ji
dietary Committee, with instructions I
consider tho propriety of inserting a bo<
(ion in the Constitution to protect minot
and other c.estui que trusts against tru
tees, guardians and other fiduciary agent
who invested the funds of their ?trusts i
Confederate f?r State bonds during th
wur. Also to consider the propriety c
annuling all debts still unsettled, eitht
puliiic or private, made in aid of the r<
hellion, or order of the Confederate tu
thorities, or by order of the State author
ties during the war. Also to considc
the propriety of inserting in the Colistin
tion a section annulling all obligation
contracted for slaves, aud laking from th
courts jurisdiction over all claims of lld
nature.
Section 2o? providing for the eleetio
by the people of each District ? com pt
tent number of Justices of the Peace an
Constables, to hold office two years, pas.1
ed to a third reading without debate.
Sections 24, 25 and 26, defining tho ju
risdietion of Justices of the Peuce, wer
also passed to a third- reading without di
bate.
Section 27th, relative to the compensa
tion of Judges of Probate, District Cour
Judges, Justices of the Peace and Con
stables, passed to a third reading withou
debate.
Section 28th, prohibiting anjr persor
who bas arrived at the age of seventy
years being appointed or elected to th<
office ot Judge, was taken up.
R. C. DeLarge moved to strike out th?
entire section.'
Mr. Wbittemoro moved to Substitut?
80 for 70.
B. F. Randolph moved to amend by
making it 100.
B. Byas moved to insert 75.
Mr. Parker moved an indefinite post?
ponement of ali the amendments.
During the consideration of these mo
:tioris,'t!ie hour of one arrived, the conven?
tion adjourned to il P. M.
afternoon session.
The Convention re-assembled at 3 P.
M., and was called to order by the Pres?
ident.
Mr. Dill rose and asked the privilege of
the Convention to conclude his remarks
made on section 21, in reference to the
election of Judges by the people, in which
he had lake'.j vccabiuii to blinde to titi
Mercury-.
Permission being granted^ Mr. Dill re?
sumed his speech in favor ol thc election
of all Judges by thu people, and defended
himself from the charges made by tho
Mercury upon his personal character,
characterizing the assertions made as
! false, the sheet that published them as in?
famous.
The consideration of the 2Sth section
was resumed.
R. C. DeLarge took the floor, and con?
tinued to speak in favor of striking out
the section. The section he said was in?
consistent with the principles of justice
I and equity. Some of the most prominent
and leading men in the country . were
those whose minda were brightest and
their intellects shone with the greatest
brilliancy at the a<ro of severity, lie re?
ferred lo the President of tho Convention, i
who he said had arrived at the age of j
sixty, whoso presiding over the delibera?
tions ofthat body was of linell ono oftlie
strongest arguments against the suction 1
being retained. One ol the most learned ,
men of this State?one of the ablest Sou th
Carolina jurists and judges who have I
graced the bench of this State, though
differing with them in politics, is Chief
Justice Dunkin, now over seventy years
of age, retaining and exercising his full
intellectual powers?an ornament to the
bar and the Slate. Turning to the past
history of his native State, he might refer
them to the late Chief Justice O'Neall,
Chancellor Johnson and othon, who,
during their time, rendered the ablest de?
cisions at seventy years of age, and who,
as far as ability aud learning wore con?
cerned in tho dispensation of law, had'no
supoiiors. That any of their learned
judges on the bench differed with them
iu politics was not to du taken in ques?
tion in tho administration of law. Ho
knew it would be argued that men at
that age become imbecile and childish,
but in the present Constitution which
they were framing, they had a safeguard
iu having restricted the term for which
a judge is elected to six yearn. But to
send forth 6uch a doctrine, that to be old,
to bo experienced,, to be- wise, is a crime,
wan certainly not in accordance with Re?
publican principles, which they all desired
to perpetuate. One of their most ardent
advocates was Mr. Thaddeus Stevens,
now over seventj'-five years of age. He
hoped the section would be stricken out.
Mr. Bowen suid the cases cited by the
last speaker were not analogous to the
Judges to bo elected here, and who were
expected to go over the circuits and hold
at least five terms a year in each county.
The State of New York, he said, retired
their Judges at sixty-five. It was to
avoid any necessity to impeach or try a
Judge for inability or infirmity in the
discharge of his duty that this section
was inserted.
The question being taken on the vari?
ous amendments, the motion of Mr. Whit
tern ore, to insert 80 instead of 70 years of
age, was agreed to.
Tho question was then taken on the
motion to strike out the entire section,
which wk6 agreed to, aud tho- aection.
stricken out.
I Sottion 29, providing that Judges shall
? not charge Juries in reapeut to mutters of
lact, but may stale the testimony and de?
clare the law, passed to a third reading
1 without amendment or debate.
Section 80, providing for the election of
Clei ks of Courts of Common Plotis, passed
to a third reading without debate..
Section 31 wan amended ko as to give
the election of tho Attorney General of
tho .Slut* to iho people, instead of to the
General Assembly, and fixing tho term of
olnee at lour years.
Section 32, providing for the election
by the people of a Solicitor for each cir?
cuit, after some verbal amendments, pass?
ed to a third reading without debate.
Section 33 provides for the election by
the people, of a Sheriff and Coroner for
four years, and was passed to a third
reading. Some debate arose on this sec?
tion iu reference to- the retention ot tho
otlico of* a District Surveyor reported by
the Committee in the tirst clause. It
was, however, finally stricken out.
Sections 31 and 35, relative to writs,
processes, prosecutions, the publications
of tho decisions of the Supreme Court,
after being amended so as to provide that
alt prosecution be conducted in the name
of the people of South Carolina, passed to
their third reading.
This being tho closing section of the
judicial department, on motion, the con?
vention adjourned..
The consideration of the report of the
Committee on the Judiciary will next be
resumed, with tho Article on Jurispru?
dence.
FOHTIKTII HAY.
Tito Convention assembled at 10 A. M.,
und was called to ordor by tho President,
A. G. Mac key.
Prayer was offered by Rev. J. M. Run
ion.
The roll was called, and a quorum an?
swering to their names, the President an?
nounced the Convention ready to proceed
to business.
The Journal of Saturday was read and
approved.
Air. J. M. Rutland presented the peti?
tions of sundry citizcus of Fairfield Dis?
trict, praying the Convention to recom?
mend the removal ol their political disa
I bilities.
Mr. Duncan called for the report of the
Committee on Franchise aud Elections.
The members, ho said, were getting very
anxious to have tho report of the Com?
mittee before them. They regarded it as
oneol the most important questions, with
which they have to deal, and wanted time
to consider it. Ho moved the Committee
be required to report Wednesday morn?
ing.
R. C DoLurjreaaid tho Committee were
ready to report, but to-save time had not
sought to in trod uco it, before the houso
was ready to act upon it.
J. J. Wright moved'to amend the mo?
tion, so as to require the Committee to
report Tuesday morning, which was
agreed to and the motion carried.
Mr. K G. Holmes, of Beaufort, made
the report of the Special Committee of
Five appointed to consider a proposition
tor the establishment of a Board of "Land
Commissioners. Tho Committee report?
ed an Ordinance and askod that it be
drafted into the n*w Constitution. The
Ordinance provides for the establishment
by the General Assembly of a Board ot
Commissioners of Public Lands, with au?
thority to purchase, at public sales or oth
wise, improved and unimproved real es?
tate within the State. The Commission?
ers are also authorized to cause the lands
to be surveyed and laid off in suitable
t racts, to be sold to actual settlers on con?
dition that one-half be placed under cul?
tivation within three years from dato of
purchase, the purchaser paying interest
upon tho amount of the purchase money
at the rate of seven per cent, per annum.
Tbe titles to tbe lands thus sold are to re?
main in tbe State until the principal and
interest is paid.
Mr. Whitteruore moved that the Ordi?
nance be printed and copies laid on the
tables of the members.
On motion of L. S. Langley, the Ordi?
nance was made tbe special order for 4
o'clock P. M. Wednesday.
R. Smalls called for tho unfinished bus?
iness.
Tho unfinished business, which was tho
consideration of Articlo 5th. on Jurispru?
dence, in the report of tbe Committee on
tho Judiciary, was taken up and passed to
a third reading without debate. ThisAr
ticlo, which comprises three sections, pro?
vides that the General Assembly shall
pass all necessary laws, and appoint some
suitable person or persons to revise, sim?
plify and abridge the rules, practice,
pleadings and forms cf. tho Court now in
use in this State.
Article 6th, on Ejninent Domain, also
comprising throe sections, gave rise to a
lively debate.
Mr. Duncan introduced an amendment,
giving tho Legislature such control over
all rivers and other streams aa ma}T bo
necessary to keep them clear, and for
drainage purposes. This power, he urged,
the Legislature should have, as in many
parts of the State it had been found im?
possible to keep the streams clear, undtthe
lands in tho low country especially were
constantly overflowed, prevented them
from being put under proper cultivation,
besides producing sickness.
Mr. Bowen stated the first section mado
full provision for such cases, and there
was no necessity for the amendment.
W. B. Nash objected to the first clause
of the first section giving the State con?
current jurisdiction on all rivers border?
ing on the State, tho United States hav?
ing decided, lie believed, in the case of tho
City Council of August?, aguinat Shttitz,
that the boundaries of the State of Geor?
gia came over to this side of the river,
and ho thought it this clause was passed
it would cause a conflict betweon South
Carolina and Georgia iu regard to tho Sa?
vannah river.
Tbe question being taken on Mr. Dun?
can's amendment, it was lost, and the first
?ection passed to its third reading.
Section 2d, providing that tbe tillo to
all lands and other property heretofore
accrued to the State, shall vest in the
same as though no change had taken
place, passed to a:third, feuding without
amendment or debate.
Section ?d was amended, on motion of
L. S. Langloy. by striking out the words
."in their sovereignty," so as to read that
"the people of the State are declared to
possess the ultimate properly in and to
all the lands within the jurisdiction of the
State," &c, instead of, "tho people of tbe
State iu their right of sovereignty are de?
clared to possess," <fcc.
The hour lor the special order having
arrived, being an Ordinance to divide the
State into four Congressional Districts,
on motion of Mr. Duncan tho considera?
tion of the special order was postponed
until half-past ten o'clock Friday.
Article Zth, on impeachments, compri?
sing three sections, vesting tho solo pow?
er of impeachment in the House of Rep?
resentatives, was passed without debate.
The President then announced tho Ju?
diciary Report, with the exception of tbe
section reported by tho delegate from
Fairfiold (Mr. Rutland; in roialion to
Courts of Equity, passed to a third read?
ing.
On motion the report of the Committee
on Education was taken up for its second
roading.
Section 1st, providing for tho election
by tho people ol a State Superintendent
of Education, with powers, duties and
compensation to bo defined by tho Gene?
ral Assembly, passed to a third reading
without debato.
Section 2d provides for tho election by
the people of each District or County, of*
one School Commissioner, tbe said com?
missioners to constitute a State Board of
Education, of which the State Superin?
tendent shall be Chairman. . The section,
after the adoption of some verbal amend?
ments, passed to its third reading.
Section 3d confers the power on the
General Assembly to provide for a liberal
and uniform system of Free Schools, and
the division ol the State into suitable
school districts. The section passed to a
third reading without debate.
The 4th section making it tho duty of
the General Assembly to provide for the
compulsory attendance at either public or
private schools of all children between
the ages of six and sixteen years, was
taken up.
R. C DoLargc moved to strike out the
word "compulsory."
11. E. Hay no moved a postponement of
the consideration of the 4th section, in
order to refer it back to thecommittee.
F. L. Cardoza assigned as a reason for
postponement of tho section, that ono of
tho members of the committee who pro?
posed to defend it, not having supposed
that the report of tbe committee would
come up so soon, was not prepared to dis?
cuss it.
Mr. Duncan moved that tho further
consideration of tho whole report be post?
poned until 12 M., Tuesday, which was
agreed to.
On motion, tho report of tho Commit?
tee on Finance was taken np for its sec?
ond reading.
Section 1st, making it the duty of the
Legislature to provide for a uniform and
equal rate of assessments and taxation,
passed to its third reading without debate.
Section 2d, giving tho power to tho
Legislature to levy a poll tax, to bo ap?
plied exclusively to the Public School
Fund, and prohibiting t he levying of any
additional poll tax by any municipal cor-1
poration, passed to a third reading with-j
out debate. '
Sections 3 and 4, relative to the levying
of taxes by the Legislature to meet tho
estimated expenses of the State for each
year, passed to a third reading without
debate.
Section 5th, exempting from taxation
all public schools, institutions of learning,
and charitable institutions, excepting
property ot associations and societies,
passed to its third.reading.
Section 6th, making it the duty of the
Legislature to provide, by a State Board,
for the valuation and assessment of lands,
passed to a third reading without debate.
Section 7th, relative to tho contracting
of public debts by the State, elicited con?
siderable discussion and opposition in con?
sequence of a provision prohibiting all
State debts from exceeding in the aggre?
gate 8500,0.00 beyond that already in?
curred.
It was urged-that this would be tying
the hands of the Legislature, and prevent
that body from lending the faith and cred?
it of the State to perhaps the moat im?
portant and profitable public enterprises.
It was contended that they should leave
it to the good senso,.judgment and patri?
otism of the Legislature to provide for
such contingencies that were impossible
for the Convention to anticipate.
On motion of Mr. Bell, the restrictive
provision was stricken out, and the sec?
tion passed to its third reading.
Section 8th, conferring thepoweron all
corporate authorities of counties, town?
ships, school districts, cities, towns and
villages, to assess and collect taxes in
their several corporate jurisdictions, ex?
cept on property heretofore exempted,
passed to its third reading.
Section i)th, prohibiting tho credit of
the State being granted to, or iu aid of
any person, association or corporation, on
motion of Mr Bell, was stricken out.
Section 10th, prohibiting the State from
subscribing to or becoming interested in
the stock of any Company, Association
or Corporation, was taken up, but before
taking the question on its passage to a
third reading, the hour of one having ar?
rived,the House adjourned to three o'clock.
ATTERN'OOX SK8SION*.
The Convention re-assembled at3 P. M.
On motion of Mr. Bunion the rules
were suspended for five minutes for the
purpose of offering the following:
Resolved, That this Convention fix the
11th of March as the day to adjourn, at
12 o'clock. Meridian, sine die. .
R. C. DeLargo moved the indefinite
postponement of the resolution.
The ouectien being taken on the adop?
tion, it was not agreed to.
The Convention resumed the conside?
ration of the 10th section of the report of
the Committee on Finance.
Mr. Bell moved that the section be
stricken out.
The hour for the special order having
arrived, it was taken up.
The special order being the petition to
Congress, praying thai the present im?
port duty on rice be not repealed, was
taken up for consideration.
Mr. Jenks obtained the floor, and was
followed B. Byas, both arguing in support
of the petition,'
E. C. DeLarge called for the previous
question, which was sustained.
The question being takeu on the pre?
amble and resolutions, they were passed
to a second reading.
On motion of R. G. DeLarge, the rules
were suspended for the purpose of pass?
ing tho petition to a third reading.
The petition then received its third
reading, and on motion ot Mr. B. F.
Whittomore, the preamble and resolu?
tions wero ordered to he engrossed, and
copies cent to the Presidentof the United
States Senate and the Speakor of tho
House of Representatives at Washington.
The special order being discharged, tho
consideration of the 10th suction was re?
sumed!
L. S. Langley moved to lay tho amend?
ments offered on the table, which was
agreed to, carrying the section with them.
Section 11, relative to the incorpora?
tion and organization by the Legislature
of cities and towns and restricting their
powers of taxation, borrowing money,
contracting debts, and loaning their cred?
it, and Section 12 prohibiting the Legisla?
ture from issuing scrip, certificate or oth?
er evidence of State indebtedness, except
lor bonds, stock. &c, or those previously
issued, or for such debts as are expressly
authorized in the Constitution, passed to
a third reading without debate.
Section 13th, requiring an accurate
statement of the receipts and expendi?
tures of the public moneys to be publish?
ed with the laws of each regular session
of the Legislature, was taken up.
Mr. Whittemoro moved a substitute,
providing that the statement shall be
published in at least one newspaper the
first week in November, which was not
agreed to.
Mr. E. W. M. Mackey moved to amend
by inserting "that the statement be pub?
lished by the General Assembly in such
manner as may be provided by law."
Airreed to.
The section then passed to a third read?
ing.
Sections 14th and 15th. relative to ap?
propriations and the commencement of|
the fiscal year on the 1st of "November, I
passed to a third reading without debate. |
Section 16th, providing for the assess-!
ment and collection of a tax of two mills j
upon each dollar's worth of taxable prop?
erty for a sinking fund, was, with the
amendments offered, laid upon the table.
Section 17th, prohibiting any county
from subscribing in any incorporated com- j
pany, unless paid at the time of subscrip-1
tion, on motion of R. B. Elliott, was j
stricken out.
Section 18th was amended by striking!
out a provision requiring State bonds to j
bo not less than ?500, after which itpasa-i
ed to its third reading. /
riie Intelligencer Job Office;.
Having recently made consideraba additions ta?
j?is department, we are prepared to execute
JJflDIB TO&K ?IP MJL EnHiOS"
In the neatest Btyle and on the most reasonable,
terms. Legal Blanks, Bill Heads, Posters, Cards,
Handbills, Pamphlets, Labels, and in fact every
styi?j cf work usually done in a country Printing
Office.
SSif* In all cases, the money will be required
upon delivery of the work. Orders, accompanied
with the cash, will receive prompt attention.
Section 19th, providing for the disburse?
ment of State, county and school funds,
after an amendment offered by Mr.Whit
temore, to strike out the word Legisla?
ture wherever it occurred and substitute
General Assembly, passed to ita third
reading. .
L. S. Langley offered the following aa
an additional section, which was agreed
to and passed its first and second reading:..
Section 20. No debt contracted by this
State in behalf of the late rebellion, in
whole or in part, shall ever be paid.
Mr. E. W. M. Mackey called for the
second reading the report of the Commit-'
tee on Miscellaneous Provisions of the
Constitution on tho Militia.
Before taking the question the Convel?*?
tion adjourned.
forty-first dat.
The Convention assembled at 10 A. M..
and was called to order by the President.
A. G. Mackey.
Prayer was offered by Rev. B. F. Han-,
dolph, (colored.) ...
Tho roll was called, and a quorum an?
swering to their names, the President an-,
rounced thc Convention ready to proceed*
to business.
The journal of Monday was read and
approved.
B. F. Randolph made the following re?
port of thc Committee on Miscellaneous
Provisions of the Constitution :
Whereas, No constitutional and legal
assembly of tho General Assembly of this
State has been convened since the.. com?
mencement ot tho rebellion against tb?
authority of the Government ot the Uni?
ted States ; and whereas the body assem?
bled from time to time at the capitol of
tho State, since tho commencement of
said rebellion, assuming to possess and
exercise the powers of the General As?
sembly ot the State, had no authority to
pledge the faith and credit of the State
for the benefit ot any corporate body or
private individual, and its actions can be.
validated only by the confirmatory au?
thority of the legal government of thia
State; and whereas it is expedient that
when the credit ol the State is advanced
or pledged for the benefit of public enter?
prises and works in which the people o?
the State are interested, that power should!
be lodged in the General Assembly to ex?
ercise a salutary conti ol over such public
enterprises and works, to the end that the
commerce and industry of the State
should be adequately fostered aud promo*,
ted. Therefore be it
Ordained, That all Acts or pretended
Acts of legislation purporting to have
been passed by the General Assembly of
the State, sinco the 20th day of Decem?
ber, A. D., 1800, pledging the raith, and
credit of the State for the benefit of any
corporate body or private individual, are
hereby suspended and declared inopera?
tive until the General Assembly shall as?
semble and ratify or modify the same.
Mr. Holmes moved that the report be
made the special order for Thursday next,
at 12 o'clock, which was agreed to.
R. C. DeLarge, Chairman of. the Com
mitlco on Franchise and Elections, made
a verbal report, stating that the Commit?
tee would bo ready to report to-morrow
morning.
Mr. N. G. Parker offered the following
resolution, which was agreed to:
Resolved, That the President of this
convontion be instructed to request Gen.
C?'nby to draw from the Treasury of the.
State the sum of 838,000 for the purpose
of defraying the expenses of the Conven?
tion.
Mr. Craig called np the report of tbe
Committee on Miscellaneous Provisions of
the Constitution, on atv Ordinance provi?
ding for tho organization of the Militia of
the "State.
The article on the Militia, comprising,
threo sections, was taken up.
Mr. Parker moved to amend the 1st
section by substituting 21 for 18, as the.
age at which all malo residents shall be?
come subject to militia duty; and, also,
to exempt all persons not electors. Mr.
Parker said he did not think boys or
those disfranchised should bo ptaood in,
the militia.
Mr. Holmes opposed tho amendment,
the section as it stood being similar in its
.provisions with that of other State Con?
stitutions, which usually enroll all male
inhabitants between the ages of 18 and
45 in the militia. They would be obliged,
to depend upon volunteer independent
companies, which might be largely com?
posed of those eighteen years of age.
L. S. Langley also opposed the amend- .
ment, and stated that, in thc march of
fitly miles of thc Fifty-fourth Massachu?
setts Volunteers from Jacksonville to.
Olustio, Florida, soldiers of eighteen and
even fifteen years of age boro the fatigue,
march better than old soldiers.
J. J. "Wright opposed tho amendment
excluding those who wore disfranchised
from serving in the militia.
a. J. Ransier movod to amend po as to
provide that the militia of the State shall
j consist of all who arc or may become
I electors. The object was to make pro
! vision for those now disfranchised, but
? whose diaabiliiios thoy boped to see re?
moved.
Before tho question was taken the hour
for the special onior arrived.
Tho special order, which was the con?
sideration of thc substitute offered by the
member from Fairfield, for the 19th sec?
tion of tho Legislative part of tho ?onsti
tulion, was taken up.
Mr. Rutland look the floor and argued
that the adoption of the section as it stood
would croate inextricable confusion in
abolishing the Courts of Equity and
transferring tho records to the Court of
Common Pleas. The Court of Equity, im
some form, must exist in. this country, if
they intended to administer justice.
lt. B. Elliott moved that the snbstitnt: