The Anderson intelligencer. (Anderson Court House, S.C.) 1860-1914, April 08, 1880, Supplement, Image 6
THE ACT FOB A 8FE0IFI? BBVT ;
OF TAXES ABD DIBBDRSEMEN18 i
THEREOF.
It seems strange now that this
Aot and all ita provision? should
not have boee the general law
before the time of its adoption,
embracing a? it does the true prin
ciples of taxation and disbursement
of public funds,
I propose to give a short history
of the difficulties which intervened
and retarded its final passage. That
it worked a complete revolution in
the administration of the affairs of
the State government and effected
reforms and reductions in expendi
tures far beyond the hopes and ex
gestations of the originator and
friends of the measure cannot now
be denied. Previous to its passage
the General Assembly had for years
incurred expenses ana actually paid
out and disbursed sumo of money
largely io excess of all taxes col
lected for legislative expenses, and,
in addition to this, had squandered
other large sums received from the
sale and hypothecation of State
bonds. Even that collected fur
free school purposes, the amounts
appropriated for salaries of officers
and to support and maintain the
penal and charitable institutions of
the State, were fraudulently and
wickedly diverted from legitimate
nurposes by the Legislature, thus
leaving the school teachers unpaid,
the convicts to be pardoned and
turned loose to prey upon the Com
munity or to be starved, and the
poor, unfortunate inmates of tho
Lunatic Asylum without sufficient
means for their support. After
much thought-and reflection upon
this depl?rame condition of things..
I saw but one practical and availa
ble remedy, viz., to confino levies of
taxes and appropriations consequent
thereon purely and entirely to and
for certain named specific purposes,
and to punish severely any depart
ure from this law when adopted.
A Bill embracing my views was
submitted to the Committee bu
Ways and Means of the House ol
Representatives at the regular ses
sion of 1872-73. It was rejected
by the Committee as imprac
ticable. I yielded then, but roy
judgment as to the feasibility and
necessity of this measure was uoi
* changed or weakened. At the ope
ciel session of 1878 I again pro
posed such plan to the Committee
Again it was voted down-seven
ajrninst it to two in favor-thc
Democratic membor, Hon. R.- M
Smith, . voting with me. Finding
my efforts before tho Committee, tc
eOecfc this great object wero una
vailing, Mr. Smith and myself made
a minority report in favor of thc
measure proposed. [See House J our
nal, special session 1873, page 141/
Among , other reasons set forth, wc
presented as follows:
" Ftrit That tho Bill presented by tho ma
Jorlly iirovldei simply a general levy for thi
plato-donclency, educational, penal, charita
ble and County purposes- making ':o prov!
alon whatever for keeping separate the taxa
erU?ng from the diff?rent levies, and would
as baa been shown by the oxperlenoo of pis
years, losvoihe deferent appropriatloosat thi
morov of oxpenict' Imnrred Indiscriminate!]
8nd for whton no :,-esoral appropriation bm
eon provided In tb ? Bill Itself. Tho practicn
operation of ?lml?tr Bills winos have boot
passed by tho Ueuiral Assembly herotnfun
demonstrates tho necessity of kocplng tho dlf
{.rent levies separate. Fur instance, then
icing duo on lan year's appropriations largi
?nm?, ns follows, * ? * . . we firmly bo
llevo that had tho tame provisions been Lncor
pcrated In th o Ulli for tho ?r ry of last year a
?ts tho one we now present -t lairing tho f?txt
Treasurer to keep separate .no taxes attain
from the different levies and lo pay out suol
taxes for tho purposes for which thay wer
lovlcd. we would not to-d?y havo a liai of de
flclenclos similar to tho ono* referred to In thi
report, nor could these doSoleucles bar
arisen. Tho Bill wo now submit (If passed
will In tho futuro eeour-> to tho dlfT?.ront Butt
a?.d Court officers sud their rfcrks their sala
rios, and pr?vido fur tho maintenance of th
different State institutions fi,r per.nl, charita
bio and educational purposes. Wo furthe
. submit that In making levies for sp?cifia put
poses, parties laborbgfor tho 8Utft ?nd eut!
tis? to their pay would bi mada scenro in th
rooalpt thereof, and thus prevent taunt fror
hanking their elnlms for such services, wtalc
riecwltj^jxlono ibroca theta to .-ell at a gres
E-!^^* ?lfkf 0woieh U ttspoctfully submit'cd t
your hcnorablo body.
The contest over the majority am
minority rr-ports was protracted am
bicter, but tho ihiuortty report am
Bili accompanying it, submitted h;
Mr. Smith and myself, wore adoptee
??y Domcoraiia colleagues- rmm ?ni
Gounfcv. Mti -J. V. O. - ---'
ans xjv. ?sss w???o?s, B??ST tn
passage of the Bill, joined mo i
presenting tho. following, to be et
tored on tho Journals usih part ou
reasons for , supporting this men
euro :
" Wc, tho nnd.cwlgtt?d.ac?iil?t? *f tho Hon:
of Representative*, desire locator upon rcooi
of tue Journals the reasons that Induced u* I
voto la ihe afflrmatlvo npen tho Bill to ral
supplies for tho Oieal year commencing Ni
-ember 1,1873, and to altqr end amend tue la
. ht relation to the collection of taxas.
." Flrsi In dolus so wa dUoIairo any dc-ali
to impbso a heavy tax upon an already ove
hardened Stato.
"Second. WovottdtorthoBillpresentedi
tho minority of the.OorntoilteO of Way* ?
?Jcana bocau?i? tho Hill prevents tho dlshursi
rae?! of tho puhllo foiulef^r any otlier purpos
than tho?o sst forth In tho respective Se
linns for which levies ar? provided.
"Third. Tho hill presented by tk.-j majori
oftho IToiuiQittco.provided Tor n, lovyof ll
canto apif.ni?t ns tho ou?er, without un y sa f
. sunnis os to the disbursement j thorctoro v
profaned the minority BJ?1. ..
"l-'onrth. We bellov6 tnat tf Ibo ntlnori
Coramlttae Bill waa lost tho majority J)i
would bo taken up andr passed with atril
e?wu? of tho njrjrro?te amount of levy.
. (BignedJ p^kAN..
. ''.J.O.C.FEAT?Bi.STONE."
Having thur, briefly adverted 1
the difficulties attendjng^ tho^adoj
\?nim w? *ui5 r?c??ure, I will only ad
.- that after receiving tho nocesaar
Mireo readings in tho Senate it wc
approved by Governor Moses o
December S2d, .1873, and so beoam
Lhu law- .
I have already by facts an
figures illustvstvd tbs ?Sving io io
State in regard to the public prin
1 ing. Kow ono or two instances ?
to other matter??,
Vb? ye?r A?roviou* to my election
tor-r* wa* appropriated ibr free
-dohool*,...,.-......-.;...".?mOQOi
Amount, paid ont rb? thal parpo*?... 2,000 <
v . ihink of it 1 Ouly. $2,000 w?
paid out by tbs State Treasurer fe
the purpose of sustaining the school
*t ~ V -._:>. t-<-_, ? ' . .._J? - .. ?
remainder for legislativo expense
Under tho specific lovy Act fur ?ever?
pears every dollar levied ?od collect- i
fd for aehool purposes was \Yt ap
plied, ae appears from the published
reports feud monthly statements of
the State Treasurer and reports of
Comptroller General.
Again, to illustrate :
For throe year* previous to tho pos
ts?? of this spocifle lory Act tba
eyerego ruaonuts incurred par ses
sion for legislative expense*, ex?
.elusive of printing, was.$828,882 42
Average legislative t?pente", exclu
sive of printing, incurred under
epocl?o levy f?r three years.? 171.?0O 00
Average difference per annum.JtOSlJtfS 42
This would seem to be enough as
to the practical results of this Aot
and the very great and astounding
decrease in public expend? vires.
Details would be useless. When
first adopted, three and one-half
mills were required for deficiencies
alone. After its adoption a levy of
a fraction over one mill was suffi
cient, a large proportion of that de
ficienoy being occasioned by the loss
of the State's money through the
failure of the South Carolina Bank
and Trust Company. Tbo year
previous to my election ihe General
Assembly remained in session until
there was expended in legislative
expenses almost every dollar re-,
ceived from taxes, drawing from j
the State Treasurer more than eight
hundred thousand dollars of tho
million and two thousaud dol
lars received from th? tax levy,
and incurring additional liabilities
amounting to several hundred thou
sand dollars, thus creating a defi
ciency in one fiscal year of moro
than one million dollars, as reported
by Governor Moses in bis first mes
Bago. After the adoption of the new
system of levy the schools were kept
open, the teachers received their
pay, the Judges and State officers j
received their salaries, tho penal and
charitablo institutions received their
appropriations, and the interest on
the consolidated debt was paid up
to the amount? collected for these
Surposes respectively. There was
ut one violation and depar
ture from this law, viz., on the
part of Cardozo, Treasuror, in the
payment of the claim of the
Thomas Price Company, amountiug
to $15,816.90, for which he was
indicted.
Governor Chamberlain, in his
first inaugural address, said of this
Act:
"Ibo General Auombly at the last regalar
sent?n adopted the plan of muldu* nspeclflo
levy of taxes for each object of publlo expen
diture. I most eamds'ly ursa that this plan
boob'ervcdlntho future, Its .advantage- oro
inanlfott and obvious. If the Legislature is
to bavo control of tho publlo funds, no measure
it to Important to that ena cs tba making of
Minnlflo levies,"
I will again refer to Governor
Chamberlain to demonstrate more
fully the manner in which expenses
were reduced under tho specific levy
Aot, the Act forbidding officers to
contract in excess of amount appro*
Eriated, and the attache Act. In
is message to the General Assem
bly, regulur session 1875-76, he
said :
"In the matu., of oxpondltnros I have the
satisfaction of saying that great advances have
boen made daring tho post rear towards a j
proper teeto and measure.
"The cnUrp appropriation for legislative .
expenses for tho fiscal year w.ut SlM.C?O. The
?ppropriatlon under this hes J for thopreoed
ng fiscal year was SUO.OOO, while the ??frage
cost of a regular oe.vilon of tho General As
?Mably, from lBoS to 1873 incluilve, was ?320,- .
49S.lt!. the cost of tho regular session of
187?-72 reaching as high nn amount aa ?017.
234. lu honorablo contrast wlih former year-,
lt should also bo moattoned that no oblletv*
ilons hnvo boon Issued or Incurred by the oTB- I
eera of tho General AsseroMy during the pas? i
year lu excess of tho appropriations made." J
It is to be borne in mind that the j
legislative expenses mentioned by
Governor Chamberlain comprise
the amounts which were paid out
of tho treasury during the fiscal
year, while such expenses mentioned
by me comprise tho amounts which
were naid out of the treasury during I
the fiscal year and also the amounts i
which were not so paid and we? o
provided for by subsequent legisla
tion.
Having seep, the good effect of
tho sp?cifie levy for State purposes,
I desired to have it applied to the
Counties; aud for that purpose
during the session of 1876, as
will be seen by reference to Senate
Journal, page lil,I presented "A
Bill to rcquiro the Board? of County
C?3t???fS?C'?er? i.nr??unc?ii ?ha o?alo
amri"5~f'. 9ni-cI5c objects for which
said taxes were levied." This Bill
pateed the Senate at the special ses
sion of 1877, but was* defeated I
in the House. It required tho j
County Commissioners to apportion j
the levies in sufficient amounts to I
pay: first, jurors and Court ex?
penses; second, dieting prisoners;
third, assessors; fourth, roads and
bridges; fifth, support of poor, etc.,
ern; and forbid the amounts thus
apportioned being used for any other
purpose.
? 8PECIAL LKG18LATIOIV.
It h difficult to rca!ir.5 how ssaoh
indUorimina?e local und special
legislation coat tho people of thia
State. Until 1874 it proved a-iiost
fruitful source of waste and ex
pense. ?Tho time employed in read
ing aud considering such Bills, the
cost of printing, the eroplavmeut of
clerks to engross;' abd enroll these
variegated measures, all contributed
lui utuiiil ti?e dsi^y stuioiisi. "?"C ?^i"c
sonio general, though faint, idea if
their character, I submit the titles of
a few found in tho Journals, being
specimen? of the many hundreds
r?OArilAi? Tb.?.**..??.
ortatiB?y introduced no are repre
sented by their titles i* BufScient I
evidence that a remedy waa do-j
raanded:
Bills to iflwrMrnte
, ThoSont and daughter* cf Won. of Il&m
ourgj
The Young ?en's Africaaut tielv?tln*: Glob ;
TheKalghUei tho Circle Tie;
Tho Union Britrht Light ?oeioty ;
. i'bo Kiting Beat of Benovoloace, of EJgo-1
field; . .*
f po Lfidlf?' Branch Society :
Tho Chartostox M ?ts o rial of Freedom PuV
lhhh4t^tniNlKit
. The wide Aurait* **<ncJstlon?ofChrt??>Mon?
Toefichera* Mutual ?nb:
.The Sleek Jtftwro Goerdt:
Tao Yanns Sont of .Honor ;
Tho Republican Planters* Club.
To tam attention, to thia evil, and
to correct it JW fer aa patoibio, I
offered "A Bill to provide for th?
granting of certain charter?."
mouse Journal 1872-73, page 3?8/J
This Bill provided that upon appli
cation to the Clerk of Court, under
cor tai u restriction?, religious, chari
table, agricultural, military and
other associations or co in Dantes
should or might be incorporated.
The Bill finally passed both branches
of the General Assembly, and was
approved by Gov, Moses, February
20,1874. After the passage of this
Act, except in one or two instances,
the Republican General Assembly
following adhered to its provisions.
In illustration of the expense in
curred by the passages of ^uch Acts
of incorporation, take the following
statement of facts and figures: For
years prior to tho approval of the j 1
Act providing for the granting of |]
certain charters, the General Assem
bly incurred an expense of four
thousand dollars for every Aet and
Joint Resolution ratified. This of
course includes all legislative ex-jj
penses, supplies, printing, &c. After
the approval of the first attach?e
Act, the Act regulating the disburse
ment of public funds and the Act
providing for specific levies, the cost
of each Act and Joint Resolution
was reduced to within a fraction of
one thousand dollars.
But in order that you may more
fully comprehend the beneficial re
sults accruing from the enactment
of the Ant providing for the grant
ing of certain charters, in connection
with the last three Acts referred to,
I will submit the expense incurred
in granting charters to churches, &c.
during one session before and one
after their adoption.
BftiBlon of 1871-72, tho Legislature
pr.mtcd rlsW chartern to militftry. re
ligious and like associations; expenses
incurred per Act CM.WU; total.8258.000
?cijlon 1874-75, ono Act, expense In
curred...-.- 1.000
Difference pur ?cesi?n...9257,000
Taking the general Act upon its
own merits, it saved to the State in
preventing the granting of charters,
after the cost of each was reduced to j
one thousand dollars, not less than
fifty thousand dollars per annum.
After the passage of the second at
tach?e Act, the second printing Act j
and the Aet to reduce the per diem
and mileage of members of the |
General Assembly, which I intro
duced and to which I shall refer j
hereafter, the average cost of Acts
and Joint Resolutions was reduced I
to about two hundred and eighty-fivi
dollars each. This was during the ad
ministrations of Governors Hampton
?ind Simpson. Of course the prompt
ness with which the Legislature dur
ing those administrations disposed
of its work, contributed largely in
producing tnis ladt great reduction
lu the expense incurred iu tho
passage of Acts. During Gov
ernor Chamberlain's administration
for two sessions, the General
Assembly, except in one or two
instances, refused to entertain
or consider any Bill or Bills grant-j
lng charters or Acts of incorpora
tion whioh might or could be ob
tained from the Clork of the Court,
as provided for uuder the general
Act presented by me. The cost of I
each Act then was near, one thousaud [
dollars, and the consequent savini
and reduction under this general
Aet was no small matter. Governor |
Chamberlain in his first inaugural
referred to this special legislation as
follows :
"One causo of Inns sessions, which I feel j
bound to specify, has boon tho passage of ai
inordinate number of special Acts of Incorpo
ration. Whoever will pxamino tho Acts ol
tho Uanoral Assembly during Hui last six
yean will be convinced of tho waste of timo
arising from this cause."
i?? further refer?uce was made to
this subject by Governor Chamber
lain afterwards, which furnishes
[Stroug presumptive evidence that
the evil complained of had been BO
far corrected as to no longer attract J
attention, for it is well remembered |
that as Governor he permitted no
opportunity to pass whereby he
I could advert to tho errors or abuses
j of hie own political party.
As a kindred . sub>set, tbs incor
poration of town? nrjri villages occu
pied milch time and entailed great
unnecessary expense upon the tax
payers. Th's mania for incorpo
rating promiscuously every cross
road or country store, and^ in that j
v??y ?l?ctlug Gtuy s'??erestcd persons'
Intendant and Wardens, granting
licenses to sell spirituous liquors,
almost, if not quite, became a pub
lic nuisance. To 'simplify' and.
economizo in this particular, I came
to tho conclusion that a general
law, embracing all important pro
visions, would accomplish much ia
cutting off needless expenso aud
prevent neighborhoods from some
times being imposed upon. See
8enate Journal 1874-75, pago 08,
whore it appears I offered "A Bill
to provide for the incorporation sud
government of towns and villages
foi nins State and for the government
of the saino, as provided' in Arti clo
IV, Section 0, of the State Consti
tution." This passed the Senate,
but was defeated in tba House of
Hepresenlativet. lu Senate Jour
nal; t^ion 1877; page 149, it will
be seen that I offered a similar Bill,
which met with thesame fate. The
first was considered and acted upon
favorably'during the ?lino tho "Re
publicans were iu c?ntroj,' tho
second during tho ascendancy of
tho Democrats in tho Senate. Being
favored by both parties in the Sen
ate is sufficient to provo that it must
have been meritorious. Tho first
Bill was liberal tn all Us terms and
cont?ltled al! that any special Act
could iii securing the rights of per
son and property. It ako provided
for looa! option and minority repre
sentation. The second waa similar,
except ?-3 to cumulative voting.
Another class bf this special legis*
nm
? > , ..,, ..'.i -.r .,
ation woe tho giving of autbaVUy to i
Mtrticalar persons to erect gates ca
mblio highways. This was causing i
lisseusion and dissatisfaction in cor
am localities end among jthe^traT
iling publio from the fact that one
>erson obtaining the right tn erect
i gate often incooveaienced .entire
leighborhoods and benefited but
limsclf. In order to avoid ail
)bjection I introduced [sec Senate
rournal 1876-76, page 298,] "?
Sill to provide for tue issuing of
icen see to person? wishing to erect
?ates across the publi? highways,"
?rhich provided that after publio
lotice the Clerk of the Court, upon
inplication and upon certain condi
tions, should issue a license for the
purposes set fortb. This Bill did
lot pass the House, though approved
>f by the Senate. At the session of
1877-78, [Senate Journal, page 54,]
[ again offered "A Bill to authorize
be County Commissioners in the
loverai Counties of the State to
.How the erection of gates upon the
public highways whenever in their
udgment the same may be expedi
ent. This waa acted upc:, favor
ably by both houses and was ap
proved by Governor Hampton,
February 16, 1878. This Act re
quires that application must be
made to the County Commissioners,
who are cssnmcd to be conversant
with the affairs of their several
Counties, can insure justice to all,
and avoid expense to the State. The
adoption of tho no-fence or p'ock
law by many of the Counties of this
State will almost render the above
Act inapplicable and unnecessa -j*
to such Counties.
The mode of legitimizing chil
dieu by Act of the General Assem
bly was ia my judgment bad in
polioy and sometimes mischievous
in its results. These applications
increased in number year after year,
and some passed without notice to thc
legitimate children. I introduced a
Bill [Senate Journal 1877, page
471,] whioh required that all such
applications should be made in oper
Court, and orders granted after dui
notice in the County papers of thc
parties applying, &c, and thus pre
vent surprise, mistakes or injustice
This Bill was acted upon favorably
in the Senate, but never beoa>ne s
law.
Referring back to session 1875-6
pages ll and 278, it will be observet
that I submitted certain amend
menta to the Constitution, of whicl
I shall say more hereafter,-one o
them being similar in character t
tho fundamental law of several o
the States of the Union, and prc
viding that the General Assombl;
should enact general laws of incoi
poration, and forbidding the passag
of special Acts for the foilewin
purposes :
" (/ranting divorcee ;
" Chancing the names of poreons or places
"Layingour, opening, altering and workin
road- cr highways ;
" Vacating roods, town plats, streets, alle
ena pabtio grounds ;
. Locating or chancing County scats: .
" Regulating County and township affairs :
^" Regulating tho practice in Couria of ju:
" Regulating tho jurisdiction and duties i
Justices of thOjPoaco, Police Magistrates an
Constables; *
'* Providing for changos of venuo in civil ac
criminal cases s
InoorporaUna cities, towns or villages. <
changing or amending tho charter of any tow:
olty or villago ;
; ?'i Summoning and empanelling grand i
r tit Juries; .
Providing for tho management of oomtnt
sohoob;
''Regulating tho rate of Interest on mono:
Tho opening nnd conducting of any clo
tion. or designating tho place or voting;
"Tho sale or mortgage of renl catato halon
ina to minors or others undor disability ;
Tho protection of gamo or fish ;
"Chartering or licensing ferries or u
bridges ;
" Remitting fines, penalties or forfeitures ;
"Creating, increasing or decreasing fee
?crcontngo or allowances of public officers du
ng the torm for which said officers aro cloot<
or appointed ;
" Caanging tho law of descent"
This amendment passed - the Sei
ate, but was defeated in the House
EDUCATION.
Being convinced that the iduci
tion of the manses of the people wi
ye most certain,means of gradual)
and finally delivering the State fro)
the dangore which beset hoi--that
would prepare and elevate the larg
number who were groping in igni
rance for an intelligent discharge <
?fui:'.. j.??i" _?? ^???_? " i
,UU UU1M v? uiitccusutu-X. VOT?
and continually, favored any au
every reasonable measure tut
tended to the advancement of tl
educational interesta of th? who
people.'
* Under tho provisions of tl
Bchooi law, passed 1870-71, tl
County School Commissioners we:
required to withhold the' ?ax ?evie
and collected by thc State for sehe
purposes from any school diatri
tht't declined or failed to vote
special tax, and apply it to sut
school districts os levied such ta
In tay judgment, this was arbitral
and unjust, if not uncoustitutiono
For instance, if any district shoo!
no matterjby how Bmall a inajorU
vote against such special tax, all tl
children of that district would 1
prevented from riceiviug any. ia
vantages from the general soho
fund, which the taxes rtrpni that d
trict had gone Into, thereby prohi
?ting the poor in many localiti
from this great boon. At the reg
lar septos 1872 VS, ?H??K? J?ura:
pago 281,] I introduced "A Bill
repeal Section 29 of, tho Act
March 6, W71?, relating to the wit
holding certain appropriations fro
Klhool districts." Thn Bili w*ti lt
in tho'Senate, but eventually t
repeal of the obnoxious portion
the Act referred to was ;?flfe6>?
AM.' heretofore stated, I offer*,
whilst a member of tho House,
Joint Resolution to amend the Cc
j?tutioo, requiring an annual tart
two milla on* the dollar of the ts
able property of thc-?tato for fi
schcol purposes. [Seo House Jot
aol 187&-74, page 083J This w
lefeated, Appreh?Sndtn^ tho? by
.tiddea revolution of political sea
rnr.ut a change of aduc?iiistrati
night be brou?ht ?bottt. and
i ii .i H ' ... -i.? ? -.lin " nu ?? II nil ,m .,?.
d?iug BO tho opponents of nuoa sys
Um pf free schools weald obtain
control of the General Assembly
and refuse suon liberal appropria
tions au tho publie weal demanded,
I ?gain endeavored to hate ?t
sorted In the Constitution. a?4 pfc
(bred a second Jo?*t Resolution to
amend the Constitution in this par
ticular. ? [See Senate Journal 1874
75, page 411.1 This resolution re
quired a tax levy of not less than
two mills on the dollar annually for
the support of free schools, and that
the money so raised . should be re
tained in the several Counties. The
law, before this amendment, re
quired the fund, to be rent to the
office of tho State Tnasurer for dis
tribution, thus affording an oppor
tunity for misapplication and per
version. Indeed* many pf the Coun
ties-Anderson among the num
ber-thus lost their proportion for
more than a year,; A poll tax of
one dollar, to be applied to educa
tional purposes, was also included in
the amendment I offered. This mea
sure passed both branches of the
Genend Assembly by the necessary
two-thirds vote of all the members
elect, and was approved by Gov.
Cb?;aberlaw, Maroh 25,1875. It
was submitted to the voters of the
State for ratification ia the memora
ble campaign of 1376. and received
almost the uuanimou! vote of both
parties. Before it co lld become s
part of the Constitution, however, ii
had to pass the General Assembly
again by a two-thirds vote. At th?
regular session of 1876-77, Decem
ber 6th, I submitted a resolution tc
ratify this amendment. It pass?e
the Senate, but waa sent to tin
Mackey House, where it was no
acted upon for the want of a suffi
cient number of votes to pass it
The amendment was finally ratifi?e
according to law and approved ty
Gov. Hampton, January 26, lo7f!
Since that time a tax of two mill
has been collected, retained and ex
pended in the Counties
Tho Constitution of tho Stat?
Article X, provides as follows:
"SICTION 9. Tho Uonoral Assembly ?ha
pr?vido Tor tho maintenance of tho Btu ta Un
vcraity."
This provision of the Cons tim t io
I favored, having sworn to do s<
To carry out this requirement, an
to prevent dissatisfaction end di?
i culty arising cn account of race c
oolor, I introduced a Joint Resolt
tion [see Senate Journal, extr
session, 1877, page 40,] To provic1
for the reorganization of the Un
varsity of South Carolina and tl
State Normal School."
The joint Resolution was in tin
duly ratified and approved by Go
ernor Hampton, Juno 1st, 1877. .
authorized the Governor to tuvsun
control of buildings and property
the University and Normed Schot
to place come competent person
charge, to rent the buildings at
keep them insured and in good i
pair, and to appoint a Commissi?
j to devise the most economical "ph
for the organization and mainte
ance of on* university far tho whi
and ono for tho colored yocth
the State, said universities to
separate, but to enjoy precisely t
same privileges with respect to tin
standards of learning and amount
revenue appropriated by tho Str
for their maintenance-the Comm
sion to report to the next Genes
Assembly. They reported a B
which passed the House. When
reached tho Senate I voted tyah
it, becam? it did not make an opp]
priation and open tho twointtitutio
at once aa required. Some of r.
friends have misconstrued that vc
and have given me credit for beii
in accord with tho prejudice exist?
In this Couuty among many, if not
majority, of the people against i
opening the University. I wish
disabuse their minda and deine i
position clearly. I favored the:
opening of the University for t
following reasons, viz.:
> 1st. Because os a member of t
General Assembly I had taken
cathvv mp port ??iz iu?v??t?in i
Constitution.of.the State as ? whi
and iu all its parts, and I coi
-jap. muro conscientiously disregq
and neglect to enforce any ono
more of its plain requirements) a
provisions than I could ornate v
ute apother.
2d. Because tho State of Soi
Carolina, in maintaining her prpj
f?oaition among her sister States, o\
t to horseif, and to the youths n
growing up, to reorganize tho ?
cient seat pf learning, securing
high' standard of education, and tl
giving har citizens ?o oxcuso
sending their sons and money tu i
ter aita build up similar institutl
abroad, even if thorp waa noth
in tho Constitution requiring it.
3d. Because in this tho most !
eral provisions could be made for
education of a given number
youths from *very County ia
State, free of cost for tuition, ?
as is now doae "by many of
States. ^
^Tttu". B??a,?3?"ino future pe?co t
prosperity of the State depi
mainly on the proper education
her citizens, and this can htrdly
attained botter or moro surstetl
by;,fo8teriug her free ECIJ?..- .
higher institutions of learning^
- STATE DEBT.
In general Importanco and ?m
d?alo bealing upon the people of
State, perhaps* BO question or ?. >.
considered by the General Ass\.rJ
.xo<3frded that of the State d
Without being too minute, I ?
?Ilude to eomo of the most import
and salutary measures proposed
ascertain abd provide for the j
ment ot the juct d?lit, and at
same time ?6 prPveatiamieition i
frabda attempted to bo "perpetre
on the people of thp St*!*,
' Th? General Assembly lud passed
en Act. approved March 18,1872,
validating near eis million of dol
lars of bonds which had been ille
gally isvoed. It bas since been dis
co7ered and proven that the pauste
of riiis Act was scented by bribery.
It appeared at tho time of my elec
tion tb at the bonded debt of the f?tate
amounted to nearly sixteen millious
of dollars, with & large contingent lia
bility on accent:, ot endowments of
obligations of railroads, and also a
largo floating indebtedness, amount
ing to severn millious. Io the mean
time the taxpayers of the Stete bad
met in Convention and publicly and
solemnly warned capitalists against
the further purchase of the bonds of
the State. To have undertaken the
payment of the entire amount of this
indebtedness, or the interest thereon,
would have grievously oppressed the
people, destroyed all prosperity and
ended in depopulation or repudia
tion of the entire debt. Hence, to
carry out roy pledges, I devoted
much time to this most important
subject. My first effort was "A Bill
[sec House -Journal 1872-78, page
828,] authorizing a Financial Board
j and declaring their powers and du
ties," This measure contemplated a
Board composed of men in whom the
taxpayers would have confidence;
that such Board should take charge
of the bond question and thoroughly
investigate arid sift every transac
tion connected therewith. It also
provided for the repeal of tho Art
creating the already existing Finan
cial Board, and that the new Board
should report to the General Assem
bly the results arrived at. This Bil),
however, failed to become a law.
On January 28th, 1873, [House
Journal, page 324,] I introduced "A
Bill tb provide for the registration
of the bonds, stocks and coupons pf
this State, and to investigate tho
financial condition of the State."
IThis Bill provided for a mixed Com
mission, tue taxpayers being repre
sented thereon. The scope of the
Bill required the investigation of all
bond transactions, and required that
all bonds, stocks and coupons should
be submitted for inspection within c
given day; the unquestioned or valid
bonds, stock and coupons to bf
stamped as valid, and all illegal oi
irregular bonds, stock and coupons
tc bo stamped as invalid-the Com
mission to report the resulta of theil
labor to the General Assembly
This Bill passed the House and wai
sent to the Senate, February 12th
1873, beiug the only Bill out of thi
large number presented upon tba
subject which was acted upon ty
the Houee. In the Senate, tue bom
ring, apprehending danger, rallied
and,feeliug and knowing that man>
millions of dollars in bonds had beei
fraudulently and irregularly issued
and would be so declared, managed
by their usual means, to defeat th
Bill. This'occurred at the close o
that session, and no further actio:
could be then taken. A Bil), bow
ever, passed the "Senate and Houa;
for which I voted, forbidding th
Comptroller General from levyin
any tax nnless expressly tberenice
authorized to do so by statute, wbic
would have ' prevented the levyin
and collecting of any tax for th
puyraent of interest cn the bonds c
the revenue bond scrip. But t
this, of course, did not suit the bon
ring and Blue Ridge scrp ring, tl
Bill was stolen or purposely mislai
for the jMrpcse of preventing il
presentation to the Governor fe
cpfvoval. After the adjournmer.
of vho General Assembly, Mortoi
Bliss & Co., who held a large nuit
ber of the bends of the State, oj
plied to the Supreme Court and ol
taintd a mandamus ordering ll
Comptroller General to.levy a ti
, for the payment of interest on ce
tain bonds they sued on. Tho:
bonds were only five in number, an
amounted in value to only five thor
sand, dol?ais; but the principle e
tablishert by the decision of tl
Sup.ttme Court covered the who!
bonded debt of the State, on all <
which there was due at least tv.
years' interest, and on some of tho:
c greet dent more. This, t.'ith othi
taxes, would have caused widesprea
ruin, if not confiscation. Governc
MC5?3 Culled *u ??tra BSSSiOU O? tl
General Assembly to weet tho erne
geney. A new copy of tho ?toit
or mislaid BUI was made and ral
Sed by the'General Assembly, nc
approved by. Governor .Moses on tl
socpod doy of the session. In th
way: tho bend ring and Blue Rid)
scrip ring were fnUed and the peep
protected; from their rapacity for
time.
After consultation with leadii
nsorabora of both political part?t
lt was deemed advisable that tl
Committee of Ways and Means (
which, t was a member) should p:
pare and submit a Bill to thc Gen
ral Assembly for the adjustment
the publie debt The Comraitt
determined upon a comprend
measure, and concluded to nay tl
Valid debt cu ? scale of forty eec
v>n tho dellar. . The S?ato Trc?our
was rsr^uested to furnish the Coi
ruitlee with a list br tho outstandii
valid bonds avid stock. Xa a she
tinm ?. . liai. _ groa fiunialin.! tn *]
Committee which was asserted
embrace and include only: val
bonds and' stock. A Bill was, pi
pared providing for tho payment
such pends anet stock at the rate
forty cents cn the dollar in nc
bends, to be 'issued in exehani
&c. Whe& thia- Bill was pi
pared and agreed on by the Coi
mitton, I offered ..aa , omeudme
declaring that tho ?0,965,000
eonveriitoft bond* whieb had bo
illegally and Fraudulently iss?
The Bili es flirt prepared wau *^^9
Sorted to the House favorably. ^BL
hi tho second reading Mr, Mostos,?58
offered ao amendment similar totho gSS
one I b?d offered in Committee jSgSj
The amendment was adopted, andaHS
the Bili was passed and sent to ^?^1
8enato. That body amended by WB
?triking out forty cents and Insert??
ing Sfty cents, and also struck out j
the amendment offered by Mt*. 1
Mecize. When the Senate amend- S
men ts reached the House ? motion ag
was roads to concur. The yeas and Wk
naya being called, the vote stood 40 MB
yeas against 47 nays. The friends fi
of the bond ring rallied in their *
strength and moved a reconsiders- jBm
tion of the above vote, ?Mcb, to.?
the surprise of many, was carried. Sj
The fact that this party-then had a JE
majority to defeat the M est xe amend-? ?
ment alarmed those who we? e otrtig. o
!ding to render invalid the fraudufJH
ont bonds, and I, with others, vnrut
to work to defeat the nefariour pur- IS
poses of tho <iug. It required all j
oar energy end skill, but we final- ?
ly succeeded, and tims removed Jg
15,965,000 from the amount of th??
public debt. :-,*??
It is with gratification and pridraB
that T. now recall the events of that ,
day and the congratulations J t?-M
ce?ved from members of both partios a|
on the result. The passage of this. |p
Act reduced.the.debt of the Stats f|
from 116,851,62785 to . $5,771,- I
336.11-a saving to the people of tho &j
State of 810.0a0.29i.2 i, with a pro- m
por tionate amount of interest. Under- I
the provisions of this Aet the public :',
debt as ascertained remained tip to 1
th? limo of the election of Governor >
Hampton. Yet in the meantime au I
investigation had satisfied me that. |
the State Treasurer had funded a
large amount of fraudulent coupons,
and whenan address to remove him
from office was. under consideration
by ?he Senate I voted for his remo
val, believing him guilty of the
charges preferred against him. Ho
escaped through Democratic votes,
for reasons no doubt satisfactory to
? those who gave them, but as to his
guilt there could hardly be a doubt.
During this session, 1875-76,
pending the investigation of a Com
mittee as to what ' bonds had been
funded under the Act to reduce the
public debt, tho friends of the Trea
surer became most anxious to ad
journ the General Assembly; and
whilst I had heretofore been among
tho foremost to favor adjournment
whenever and os soon as the public
business had been accomplished, yet,
in this instance, I voted " no," and
Spread my reasons on the Journal,
as follows:
"I voted'no' on t's o resolution to adjourn
?itt? die on tho 20th inst,, bocaaso, na the 4th .
in?*-, tho Sonato, by a unanimous vote, '/te- i'
towed, as tho sense of tho Senate, That tho a
hypothecation of 81,813,300 of State bonds'i
mentioned In the report of tho Speolal Joint 9
Committee appointed to ascertain what bonds
of tho State wero pledgod by tho 1'ininoial
Agent of tho State cs collateral security for
?tato loans was without lawful authority, and
that tho enid bonds nhould nut bo funded
under the Act to rcduos the.volume of tbo
Pdbllo debt and provide for tho payment of
the same.'
" Because the Senate and IIOUBO of Repre
sentatives have appointed a Comsn'i?rs '. ?
cortala what bonds havo bson fun??d tinder
tho Act to rcducft the volumo of tho publia
?lobt nud provide for tho payment of tho sama ;
what Interest couponshava been fond od uadc?
tho said Act; also, whether tho funds for tho
paymcatoflntorcitrniscdundernaldAntih?vs*2
Poon kept:separata and apart from all other
fonds,as provided far in said Acts, andas
otherwise provided by la'. \
"Because tho said Committee havo not yet
completed their Investigation.
" Because, in ro.v Judemont, it would-be iv
dereliction of public duty tor tho Oonoral As
sembly U> adjourn ?ina die ponding m investir*.'
?;at;on which involves nosily a million of dol
ara of tho now consolidated bonds, the cafo
?copina; of tho funds raised to pay publia in
terest, and the maintenance of tho publlo
credit."
Being still convinced in my own
mind and from investigation that
fraudulent bonds and coupons had
been funded under the Act, I intro
duced during the special session bf
1877 [page 149] "A Bill to ascertain
and fix the public debt of the State
and to provide for the manner of
paying the same."! This Bill pro
vided for the election bf a Commit
tee by the General Assembly to in
vestigate tho obligations of theSiate
under the Act to reduce tho volumo
of tho public debt, and to ascertain
HfliBthAr nroprir V0UChS**5- OS'
file for bOiids, coupons and stock, to
register Bueli by number, s?ries, &cJf
and to certify as to the valid bonds
and to report^ to the next General
Assembly. Before thi3 Bill wis
/,i)tiaid?red ra th? Ssnato- ?: Jc!?t
Resolution passed the House having
in tho main the same object; Vfhea
the Joint Resolution was being con
sidered ia tho Senate I offered
amendments, as -shown by Journal,
1877, page 343, which required tho
Commission to ascertain whether
the bonds and coupons on file in the
Treasurer's office had been issued iii
accordance with law, thus enlarging
the scope of the investigations ol
the Commission, and eventually
bringing before the Couria tho very
Issue on which nearly a million and
ta half of dollars of tho consolidated
debt have been finally decided to ba
invalid.
Ia this conuecliou, I muy add thai
amongst tho testimony taken by the
Committee, on Alleged Frauds there
t??3'5 giro d?a? berring upon' thi
issue and salo bf bond? under thc
Scott odmiuUftration and the fund
ing of bonds abd coupons nuder the
consolidation Act, the whole of whick
:Was turned over to tho Bond Com
uiDssibn and published in uie?r report
; and thereby aided in bringing aboui
[$tH$ result.
an?oKrrv ?EPRB8E^ATI?M-. \
Having been one of the first auc
most earnest advocates of thia sys
tem bf Vcpresen talion, it is 4*WJM
that I should give you some of th?
reasons which influenced mc, anet-i
bri*?" statement of my connector.
;w1th the attempted legislation or
"this subject. I favored tho systbn
?^ie timo; fifady believing thal ?
vrtVd?d prove a pafteafol so?tition o
many of the iroyl???* Qrtf* ?aster^f.
sturound?sg ti*; that through.""it
. ' . ":!
. . -,.. ...