Historical Newspapers of South Carolina

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? ? ? ^ ........ . -: . ;" Daily Paper $8 a Year "Let our Just Censure ^'S^^^^?l PM^BT^ Attead tfed True Event." Tri-Weakly $5 a Year . ._y _ ' ' _H_^._ ? ? '?' . : ,. -,.,- >; , ':? ..j, ,-,.Ujii frili-'-jr. , -, . ,. ..-... , --- - -- --- - - ? ? -!-?<?.: ? - -'. "? v.,..?.,., . . . ' - ? it Z ww. r --r- Ti ll' \ BY JULIAN A. SEL^Y. COLUMBIA. S, Cw ^JBDNEBDAy .MORNING, MAY 6. 1868; VOLUME IV-NO. 40 rna &m*mmwL KKMONSTH^CE, ON BE H VI F OF ' ? TUB WHITE PEOPLE OP SOUTH;l||?li AGAINST THE CG?bxii?iiuN OF i?fi rt^TF, CON VENTION OF THAT STATE; NOW S?B?Vp?TtFjp TO CONGRESS I FOB RATIFICATION. T., . ; ..> .{,-1 ,-i...>-.:: ...??.. ?*l4 it ?.n w . To Me Honorable the Senate arid House of BepresetUalives of the. United States, in Congress asseiiibled: The undersigned respectfully shewetli, that ft Constitution fraught with evil to the State, and to all classes of the people tiiereof, is about to be submitted to your honorable body for ratification. Before your honorable body shall set Upon that mstrnment the seal of your approval, and thus consummate upon a proud and faithful people a great and irreparable wrong, we respectfully ask a hearing at your hands, whilst with a due sense of our responsibility to God and to truth, we submit for your consideration the grave objections that may bo urged against the proposed fundamental law for this State. And first, permit us to lay before your honorable body the following analysis of the said Constitution, prepared by the Hon. B. F. Perry, of this State-a pure man,, an able lawyer, and a life-long, bold and out-spoken Unionist As a mau who opposed nullification and seces? sion you will, perhaps, not regard him as one whose views on the Constitution are apt to be pervaded by that disunion spirit, which many members of your honorable body might deem sufficient to prejudice any paper emanating from South Carolina. Mr. Perry thuB states the most prominent objections to be urged against the Constitution of the Reconstruction Convention of this State : "ARTICLE I.-SECTION 19-Of the Declaration of Rights, gives Jus? tices of Peace jurisdiction of all offences, less than felony, and in which the punishment does not exceed a fine of $100, or imprison? ment for thirty days. This is a gross invasion of that boast and bulwark of Anglo-Saxon liberty, the trial by jury. Any one may be arrested and 'tried summarily,' before a Justice of the Peace, or other officer, authorized by law, on information under oath, without, indictment or intervention of a Grand Jury." Can anything be more despotic or alarming, than the power of an ignorant, vicious negro Justice to fine and imprison any and every man in the State? "SEC. 21--Enables the Legislature to authorize and empower any one, a police or military officer-, to suspend the laws of the State, or? tho execution of the laws! The Constitution of the United States limits the suspension of the writ of habeas corpus by Congress, even to cases of rebellion or invasion. But here tho whole laws of the State, in time of peace, may be suspended by some worthless minion, authorized by the Legislature. "SEC. 25-Authorizes the General Assembly to subject any one to martial law, br to the pains and penalties of martial law, whenever they think proper. This infamous power is given the Legislature under the guise, too, of protecting personal rights. It seems to have been suggested by the minority of the Supreme Court's dis? senting opinion in Milligan's case. They held that Congress could authorize the trial of a citizen by a military court. The framers ol this Constitution did not intend to leave the legislative powei doubtful in this particular. "SEC. 28-Clearly and distinctly empowers and authorizes the Legislature to keep up and maintain a standing army in time oi peace ! This alarming power is given, too, most adroitly, under thc pretence, that armies being dangerous to liberty, ought not to bi maintained in time of peace 'without the consent of the Genera Assembly!' Thc purpose of this section is to enable the Legislature to keep up a regular force of five or ten thousand negro soldiers, tc suppress and keep in subjection the white race, after the Unitec States forces are removed from South Carolina ! The Constitution of the United States especially prohibits any State 'keeping troop! or ships of war in time of peace.' But this Constitution declares i' may be done with the consent of the Legislature! "SEC. 2 of AKT. 4-Prorides that the Judges of the Supreme Cour shall be elected for six years, and section 13 of the same article or (laius that Circuit Judges shall hold their office for 'a tenn of foul years.' This destroys the independence of the' Judiciary, anc makes them political partizans, with all the temptations and corrup tions of politicians. In order to secure theil- re-election, they mus become subservient to the ^Legislature, by whom they are to bo re elected. They will not dare to decide an Act of the Legislation unconstitutional, nor will they venture to oppose their judicin opinions to any popular current which may be sweeping over tb State. "Whilst the Judges of England were in commission durin? the pleasure of the Crown, they were always a tyrant's menials Heretofore the Judiciary of this State, elected for life, have alway been above reproach, and their ermine has never been sullied wit] a stain of suspicion. Henceforth the Judiciary of South Carolin will be corrupt and subservient. "SEC. 22-Gives Justices of the Peace jurisdiction in cases c bastardy and all contracts and torts as liigh as $100. This wi' open the Hood-gates of litigation ancl keep the people in constan excitement and commotion. Pettifoggers will spring up all ove the State to disturb the peace and quiet of the community. Ignc rance and prejudice will be sitting in judgment on the rights an liberties ol* the people. "SEC. 20-Denies the Judges the right of charging juries iu respe< to matters of fiir-fa ! T? most coses trie4 in our coui?o, iL is at Holutely necessary for the Judge to analyze the facts, in order fe tho juries to properly understand them and give a correct verdie This will be more imperative hereafter, when our former slav? shall be sitting on these juries. In a Complicated civil case, befo: a stupid, ignorant jury, under this restriction, the trial by jury wi be a mockery of justice. "SEC. 33-Takes from the Legislature all discretion as to tl adoption of the proposed amendment of tho Federal Conatitutio disfranchising the people of South Carolina. This amen ment, repudiated by Ohio, California, New Jersey and ev?. Massachusetts, was submitted by Congress to the several Sta Legislatures for their adoption or rejection, as to them should see proper. They Were to judgo of its merits and decide for thei Iselves. Rut this section swears them before-hand to adopt whether wise or unwise, just or unjust ! "SEC;. 24-Declares null anrl voitl all contracts for the purchase slaves, in violation of the Constitution of the United Stateft; whicn . declares that no State shall pasa any law impairing the obligation of contracts.' Thia section was intended as a fraud and deception, 1 a bribe, to induce the people, owing such debts, to vote for tho Con fititntioT? Tf-W * ntlHtj, and % ?4 bx? eo declared by the Federal CM urta But this will be after the cheat has had; its effects and accomplished ita purponc. . "SEO. 2 of ABT.. 8-Fm fran chi see every male negro over the age of twenty-one, whether a convict, felon or a pauper,, and disfranchises every white man who has held office in Soutn Carbana, intelligence, virtue and patriotism aro to give place, in all elections, to ignorance, stupidity aud'vice. Tbe 'superior 'ifjace is tb be made subservient to the inferior1, j Taxation and representation are no longer to be united. They who own no property are tb levy taxes, and mako all appropriations. Tho property holders have to pay these taxes, without having any voice in levying them 1 The consequences will be, in effect, confiscation. Tho appropriations, to support free schools for the education of negro children, for the support pf old negroes in tho poor* houses, and the vicious in ^ails and penitentiary, together with a standing army of negro soldiers, will be crushing and utterly ruinous to tho State. Every man's property will have to be sold to pay his taxes. "SEC. 8-Expressly prohibits the Legislature passing any law de? priving a convict of larceny of tho right of suffrage. It was apprehended that in a few years a large proportion of the negro voters might be convicted of larceny. and the radical party thereby shorn of their strength in all elections. But is it not most shame? ful, that in forming a Constitution, ctre should be taken to prevent rogues from being disfranchised, wh ?1st the same caution is exer? cised to exclude the luost intelligent, virtuous and patriotic, from tlie right of suffrage! It would seem that the purpose of thc framers of this Constitution was to found a community of rogues and pnupers in South Carolina ! And so astute have they been in carrying out their purpose, that they provide in section 12, that all who have already been convicted of felony shall be allowed to vote. "SEC, 2 of ART. 9-Prohibits the Legislature from levying a poll tax of more than one dollar on each person, and declares that this tax shall be applied exclusively to the public school fund ! And no additional poll tax shall be levied by any municipal corporation. In other words, the property must pay all tho taxes of the Govern? ment, and persons s hall pay nothing for their projection of life and liberty. The idea is that vagrants and rogues are to be a sort of noblesse, exempt from taxation, as was the case of the aristocracy in Franco previous to the French Revolution. In order to secure the school fund, section 15 anthorizes the Legislature to punish those who may embezzle it, by declaring them disqualified for holding any office of honor or emolument in this State. But, then, true to their purpose of vesting all political" power in the hands of such persons, it provides in the same section, that the General Assembly, 'by a two-thirds vote, may remove the disability upon payment in frill of the principal and interest of the sum embezzled.' If a man has stolen money from the public, he may still hold office under the Government, if he will 'give up like a gentleman,' the money stolen ! "SEC. 16-Provides that no debt contracted by this State in behalf of the late rebellion, in whole or in part, shall ever be paid. "Why should the non-property holding negroes, Yankees and Southern renegades in the Convention prohibit the property holder from pay? ing these debts, if they see proper to do BO, and preserve untarnished the honor of their State. This war debt was contracted with honest creditors, many of them widows and orphans, and why should ii not be paid ? The property holders, who assembled in Conven? tion in 1805, and who would have to pay this debt, never thought ol repudiating it. "SEC. 3 of ABT. 10-Establishes a uniform system of free public schools throughout the State, and provides for tho division of th? State into school districts. This will do very well in New England, whero they have a dense population, but is wholly unsuited to tnt sparse population of South Carolina. Li many of the school dis? tricts, four miles square, there will not be a child to be educated Li a inajorUy of them there will not be children enough to make ? respectable school. Tho expense of such a system will be at leasl $1,000,000. It contemplates and forces the education of the whit? and black children in the same school. This, no one, who has an] regard for the morals, manners and future respectability of hil cliildren, will tolerate. They who are able may employ privat? tutors for their sons and daughters; but the poor children w?l hnv< no alternative but to go to these schools, or be uneducated. "SEC. 4-Makes it compulsory for all children between the ages o six and sixteen to attend school for two years. The compulsory system may suit the genius of a despotic Government like Prussia but is at war with the spirit of our free institutions- There ar< many parents who are not able to spare the services of their childrei at home, and many others who aro not in a condition to furnisl their children with suitable clothes and books for their attendant at these schools. At least a parent should be permitted, in a frei Republican country, to govern his own household and determim for himself what is best for him to do. In order to support the? schools, a poll tax of one dollar per head is to be levied, whicl might raise $100,000. This would leave $900,000 to be paid b; taxation of property. "SEC. 8-Provides for the establishment of State reform school for juvenile offenders. This is a new system to be introduced ii South Carolina, and of very doubtful policy. It will certainly adi hundreds of thousands of dollars to our taxation. AU the publi schools, colleges and universities in the State are, by section 10, to b free and open to all the children, without regard tr? mon or cole: There seems to be a studied desire throughout all the provisions c this most infamous Constitution, to degrade the white race an elevate the black race, to force upon us social as well as politice equality, and bring about an amalgamation of races. "SEC. 5 of AKT. ll-Forces each County to provide for the suppoi of the aged, infirm and unfortunate. It does not require chiidre to support then aged, mf?rm or unfortunate parents, nor parents t Erovide for then children; but this heavy and most enormou urden is to bo thrown on tho public and provided for by taxatioi "Heretofore South Carolina has pursued a wise policy in rofusin all divorces. The marriage contract is not like that of any othe: which the partic? may rescind at pleasure, without injury to society There is a third party-innocent and helpless children-who ai deeply interested in all divorces. - .oreover, it tends to demoraba every community whore it is allowed or tolerated. But section gives the courts power to grant divorces. This section was ii tended, perhaps, for the especial benefit of the negroes. It ougl also to have legalized polygamy, which has likewise great favor with ' this eins? of people. "Th? settlement of a wife's property, provided for in section 8, might hau? l>een left tc th?, ui?ure?un and wisdom of the Legisla ture. . It is an experiment, and if found mischievous or unwise, the Legislature ought to have the power of e.hftnrrjpg or altering the law. But this ormnary act of legislation has been incorporated in the Constitution as a fundamental law, not to b? repealed. "Attached to this Constitution, are several ordinances, and amongst them one which repudiates all pledges, of. faith and credit, on the part of the State,, ta any corporation or private individual, made since 1860. The honor and credit of South Carolina, her good faith and most solemn pledges, ?re thuB treated as of no consideration whatever. But t?as or din ance is on a par with that dishonor, despotism, and unscrupulous extravagance, which pervade the whole Constitution, and ore worthy ol the infamous source whence the instrument has it origin. "The ordinanco to create a Board of Land Commissioners, authorizes the purchase of lands for the purpose of selling them out in small tracts to purchasers on credit.' This wild and ruinous scheme is, likewise, for the negroes, and is likely to benefit no one, except the land commissioners and their friends. State stocks are to be issued for the purpose of pmchasing these lands. They may be sold, but the purchasers wifl never pay for them, and the IOBS will ultimately faU upon the State. Did any ono ever before hear of so many effective provisions for squandering public money, when the whole State, and all tho people in it, are reduced to bankruptcy and poverty?" Thus has it been shown, in the above analysis, how injuriously this Constitution must affect the interests of the white man, and how inconsistent it must prove with the peace and prosperity of the State. But, in addition to this, the Committee believe that it can be shown that the said Constitution is not the less injurious to the very class-to wit: the black people-whom it seemed most especially to have been designed to benefit. On this point, the Committee ask leave to invite attention to the comments of the Hon. A. Burt, one of tho ablest lawyers of the State, and a man of the highest charac? ter, and of well known pohtical conservatism. The following is his language on the subject of tho provisions of the new Constitution, which confer the power of taxation : "An analysis of the provisions of the new Constitution, which con? fer tlxe power of taxation, I have not a doubt, will assure any candid mind that nopeoplo on this continent can endure the burdens which it imposes. The principle which pervades that entire instrument is that all taxation, except for a single purpose, shall be imposed upon real estate and upon the income from tho sade of merchandize. In estimating the inequality of taxation, we cannot omit the fact of tho great diversity between the two races which inhabit the State. At this moment the taxable property ie held by ono race, and under that Constitution the political power is vested exclusively in the other. Not only aro the ordinary appropriations for the civjl service of the State imposed upon the property held by the smaller number, but the other race, as a race, is at the present moment entirely exempt from any taxation, except for the support of public schools. A very large number of the race which own tue taxable property are disfranchised-cannot vote, and cannot even hold the humblest office created by that Constitution; while all others, without refer? ence to property, to educational qualification, to past citizenship, or any other qualification, are allowed to vote. Need I say that this is a condition of things which the world never before witnessed! Your ancestors proclaimed a sentiment which has thrilled through every American heart, reached to distant countries, and been incorporated into their constitutions and laws. It is this, that taxation without representation is tyranny. Now, not only is a large class of pro Eerty-holders in South Carolina disqualified to vote or hold office, ut 'thoso who may vote or hold office are not required to have any property qualification or to know a letter of the alphabet, as many of thom will not know. I say that a more arrant and infamous spoliation of a class was never designed by any country on the face of the earth. "Now, what must be the consequences? Property under forms of law, in the guise of taxation, will be transferred from tho hands of ? those who now possess it to others. It is inevitable. The holders of taxable property in South Carolina cannot to-day, and will not hereafter, be able to pay the taxes imposed upon them. "Many of you are nble to form some reasonable conjecture as to the number of paupers who will assert their claims upon the charity and sympathy of the State. You have already had some experience with reference to one race, and I am persuaded you will not have the slightest difficulty in making your calculations. Not even a negro father, son or husband, is required to contribute a dollar towards the support of the paupers of Iiis race." He next addresses himself more especially to tho colored man, and remarks: "If there be any colored man who intends to be industrious, frugal and moral-to elevate himself and family-to that man I desire to say one word: Let him acquire reid estate and learn to read and write, so that ho may bo placed in the category of tho white man who owns taxable property, and if I am not totally mistaken in the opinion I have derived from successful and critical examination of tho new Constitution, he will be unable to retain his property three years. It will be taken from him by those of his own race who are idle, thriftless, and do not mean to work. Heneo it is that I call upon all ?copculau?e colored men, who entertain hopes of future prosperity, to denounce that Constitution and join his natural, ancient and true friends In opposing its ratification." Next, after exposing the deceptive features in the Constitution proposed on tho subject of tho homestead claim, and tho annulling of all debts of which slavery were the consideration, and aft' r some comments upon the dangerous organization of the judicial power of the State, he concludes thus: "In my judgment, a Constitution witli such enormities in it will prove fatal to both races, and more fatal to the black than to tho white. The colored mau who has acquired property has really ?nore interest in preventing that Constitution from becoming the fundamental law of the State than you have, and I trust ho will not allow himself to be deluded by thoso who would mako him believe that it is his interest to oppose the people who have reared and nur? tured him through lifo. So cumbrous and complicated is tho machinery of that Constitution, consisting, as it docs, of tire m ost