Historical Newspapers of South Carolina

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voL. XI. MANNING, S. C., WEDNESDAY; NOVEMBER 131 ChANGE OF VENUE. ANIMATED DISCUSSION ON THE 'JURISPRUDENCE ARTICLE. D1iffering Views of Differing Delegates as to the Place of Trial of Cases in Court. COLI2SBIA. Nov. 7.-The session of -he Convention to day was consumed ;i the discussion of parts of the article un jurisprudence. The article as reported by the com mittee contained, as a part of section 2, these words: "The State shall have the same right to move for a change of venue that a defendant has." Mr. Geo. Johnstone moved to strike out these words. Mr. John stone went on to explain the scgpe of his amendment and he insisted that he was merely trying to preserve a i ight as old as the magna Charter. This is a great general principle that ought not be avoided for special cases. It will be contended that in certain cases of homiedes orriotsor lynchings there should be a modification of the fixed principle of a thousand years. He said that perhaps the course of a solicitor had been impeded by public sentiment in a county, but even in view of this the old and settled rule was still best. He contended that under this change there would be more miscarriages of jastice than under the present system. He went on to urge to remove the ] case would not give as much ease in getting witnesses as now. He contend ed that public sentiment was public 1 opinion and amounted to something. Mr. Jobnstone was making a strong and able argument in favor of his position when the hour for taking a recess arrived, and the Convention took a recess until to-night at 7:30 o'clock. At the night session Mr. Johnstone I resumed his speech, showing how the I existing law as to changing the place 1 cf trial protected all interests, and urg- < ing that so revolutionary an alteration I should not be contemplated. It was I his solemn conviction from his large . practice that all the trouble arose on t ihe witness stand. Public sintiment sometimes influences juries, but it i was better that it should be so than have a man made a martyr to the State's machinery. There was no need to desert the principle when the civilized world is taking it up.. We are asked now for the first time in our entire history to make this chanoe. The ordinance as to the bons for Chesterfield and the article on suffrage r were reported as engrossed. Mr. Bellinger, of Barnwell, said he felt it unnecessary to speak in favor of the report as it stood, as it had been passed by a large vote to a third read ing. He spoke glowimgly of the abil ity and force of Mr. Jolinstone, but he vemuld say that .M. Johnstone ead as bearing on this matter. He gave an extended re view of the jury system. He insisted that the State ought to have the same riaht as the defendant in the matter of chang of venue Mr. Ge. D. Tillman asked how many changes of venue were granted before the days of degenerate Radicali rule. Mr. Bellinger said he would reach 1his later on. He said he never saw a lawyer representinig the defense who did not think his client imnproperly1 convicted. Mr. Bellinger then referred to the division of the people over the dispen Mr. ohnstone asked him if he didn't believe that the people would be one on the dispensary system when] it wvent out in the Constitution Mr. Bellinger said that be aid not. There was one county in his district where certain men eculd never bei convicted of selling liquor under the Mr. B nger then went on to say 'that Mr. Jervey had impressed him that he believed that a dispensary con viction could not be secured in Charleston county. Strong speeches in favor of Mr. Johnstone's amendment were made by Messrs. Geo. D. Tillman, Burn and ~Farrow. AS IsrEREsTING CoLLOQUY. Mfr. Haynsworth then took the floor an said te law gave the crimilnals all the protection and that was the reason for so much crime. Every time the< attempt was made to put the State on a footing with the criminal these elo quent gentlemen got up and entered their protest -The proposition simply meant that] this was merely a scheme to, put the State on a footing with the criminal. Mr. G. D. Tillman-Do you think that the State ought to have the same opportunity as a poor, friendless man charged with an offense-the State with its unbounded wealth and in fluence? Mr. Haynsworth said that the legis aturei could and would look to pay he poor man's trial expenses. Mr. Johtstone wanted to know how it would pay all these necessary expen ses of the defendant. Mr. Haynsworth said the poor man noti::ro much justice, if anything. M.G. D. Tillman-I will remmnd the gentleman that Jonesof Edgefield, whoe trial was changed to Lexington, and wh was finally convicted of man slaughter, was a very poor man. B. R. Tillman. If the gentlemen will allow me, I will help him by saig that Mr. Jones had some of the richest men in Edefield county be hi~d him. G. D. Tillman-I can say that I know that Maj. W. T. Gary from August, who defended him,has never beenpaid one cent. (Laughter.) B. R. Tillman-Any way he was able to get an appeal to the supreme court that found a loop hole, as it al ways does when good lawyers are em ployed by the defense, to grant a new trial. - Mr. Johnstone suggested that if the gentlean knew how such holes were found by the supreme .court that he be appointed a committee of one to look into it and see that different kind of meewere appointed on the supreme bench. Mr. George Tillman said that Jones lay in jail three years; that there were three mistrials. Mr. Haynsworth-These mistrials in Edgefieldi, where .his own relatives are! And then convicted: G.a n rilmman--But not in Edge 1r. Hayasworth paid : h c. io p'iaizt to Mjor Gary and then went m to say that they were iot discus 5i 1 the Jones case. Mr. Haynsworth was declaring that it was an important principle th-y are ibout to fix, when Mr. l'atton asked uim if he would hae it if this princi ole had been applied to the ku kluz rials and the defendants had been Lried in West Virgiiia. He went on to argue that the State should be given justice. The question >f the hour was now can we secnre -onvictions and stop crime. AN EX-SOLICITOR Mr. Gilland, who had been a solic itor for four vears, thought he had lone his dutv in tryiue the prisoners by the form of law. *He had to come here to learn that it was the duty of the solicitor to secure convictions. The solicitor had the whole power of the State in his hand. If a man trans ferred to another county could any one say he was able to reject his jurors to the advantage of fairness. The prisoner was the man entitled to protection under the State's Dower. Senator Tillman-Doesn't the very ract that lie rejects jurors show that ie would get a fairer trial in another ounty where he knew no one? Mr. Gilland-If the change were iot made to secure a conviction. Senator Tillman tried to make it ap )ear that it was to secure a fair trial. Mr. Gilland said that the advocates f the proposition had said it was "to ecure a conviction." He took the ords out of their own mouths. Mr. Haynsworth asked him if it were not the purpose of a solicitor to :onvict a man whom he believed guil "y. He said it was not a question of be lief. Mr. Bellinger asked him if he didn't now that the Constitution allowed judges to grant changes of venue. Mr. Giland replied that the ques ion had never presented itself to him. Mr. Bellinger-But don't you know? Mr. Gilland-I do not. Do you? Mr. Bellinger-The judge in the Tones case so construed it. Mr. Gilland-Well what's the use to )ut it in here;. Mr. Bellinger said lie would tell iim; that there were two clauses in 1 he article on the bill of rights which vere evidently placed there in conse Wence of the action in placing a cer amn man in the penitentiary, and a ike case about the right of trial by ury, etc. He wished to negative hese. Mr. Gilland-and that is exactly hat I'm objecting to. FURTHER DEBATE. Mr. Prince spoke in favor of the Fohnstone amendment. Mr. Connor moved to table the mo ion of Mr. Johnstone with a view to utting oir all debate. There was a horus of requests to withdraw. 2 He refushed to do so until Senator rillman finally requested him to do so. 3everal members were asking the con ,ention to vote down his motion. Mr. Bellinger called the previous Luestion on the section. Mr. McGowan then took the floor 10 ninutes against Mr. Bellinger's propo ition. He denied that there was any anger of the dispensary offenders be ng acquitted in his county. In his tounty it was enforced. He said that ven under the Constitution of 188 no :ase had ever gone to the supreme ourt to test this question of the ~hange of venue. The present system iad lasted for 700 years. Mr. Haynsworth wanted to know 1ow the people were tried before the United States Constitution came in. Mr. Johnstone-They were tried by he Indians. (Laughter.) Mr. Ragsdale said -that "blood was hiicker than water." and they should emember that they were legislating *or their descendants-their poor and rriendless sons perhaps. It were well o weave a sldfabric here-one that ~annot be broken. Col. John T. Sloan wanted to enter is protest against the reflection made by the gentleman from Barnwell on Jie honest jurors of South Carolina to ay that after they had been sworn on ie Bible, they would not bring in a rerdict in accordance with the oaths hey had taken. Col. Sloan closed with a vigorous, well-timed arraign nent of the bad features and effects of1 sr. Bellinger's scheme. The convention then at 11 o'clock idjourned until 10 o'clock this morn -COL. ALDRICH The first speaker this morning was 31. Robert Aldrich. who said that he would do nothing to violate the rights riven under magna charta. Ordinari Ly those accused of crime are tried in he counties where they commit the >ffenses, but sometimes public senti nent arises for or against the prisoner >r for or against the law. Then one yr two things have to -be done. Either o acknowledge that justice cannot be bad or to remove it to a more serene atmosphere. This was what is called a change of venue. Justice means one measure for all that the scales must be held with an even hand. This provision would be unnecessary if we did not find such instances that required the transfer. We know that occasions do arise when hanges of venue are necessary, and the committee did this with an inten-1 tion of perfect equality. It is only to be had when the facts that make the hange necessary are supported by affidaits. You do not break down anyvthing. You leave the law as it always ex lsed. George Tillman-You assert that this will leave the law as it always ex isted ? Colonel Aldrich-I do so assert. George Tillman-Even when every ane knows that up to186Sa change of genue was never known? Colonel Aldrich-But it could have George Tillman-The Constitution always provided, against it. It's singu lar that during 77 years it was never Colonel Aldrich-I have only heard of its being done in but one case, yet during all that time the law allowed it to be one. I will say further that if any man don't want the change made he~ has the remedy in his own hands by simply not violating the law . DR . STOKES SPEAKs. Dr. Stokes then spoke on the side of Mr. Bellinger. He spoke of the ques tion of sentiment swaying the jurors in favor of the accused. 'The opinion had been expressed that the accused had the whole State against him. As a matter of fact this instance showed that the people of the State were in favor of the dr'endant. MR HIUTSoN. Mr. Hlutson stated that the State was so powerful with the oest legal talent .hould be given some opportunity. Senator Tillman remarked that ac auittd was the rule and conviction the sxception. A LIVELY TILT. Mr. Johnstone closed the debite. He went on to say that Senator Till nan charged the courts with being :orrupt. Senator Tillman-Now, are you not ,oing a little too far, there? Mr. Johnstone-No, sir; wait a mo ment and I'll try and bring this thing right before you. Don't you remem ber the case of James in Darlington. Ele was a man wrapped in wealth. He was convicted at nis own home be :ause of a strong sentiment and you pardoned him. There is the man of wealth and influence ccnvicted in his 3%n county. Senator Tillman--Yes, and lie of rered the reward himself and the par lon was asked for by three-fourths of the citizens, and the facts showed that he was not guilty. Mr. Johnstone--Yes, and I will be just to you, though you are not always just to others and thejudiciary. Jones should have been pardoned and you lid right to pardon him. Senator Tillmran--The pardon, in my opinion, was a proper one. Mr. Johnstone-It was right. The man was improperly convicted and bout tobe hanged. I only wished he had pardoned others that he should have pardoned, and had not pardoned some that he did pardon. Senator Tillman-Thank you, sir. (Laughter.) Mr. Johnstone-But the getleman rrom Edgefleld denies that he assailed the supreme court. The other day, when discussing the homestead, did ae not in direct terms charge the court with a perversion of the law? Does de not remember that when the su preme court decided the dispensary Law unconstitutional that he poured orth the vials of his wrath on their ieads. Oh, I am glad to see that the rentleman from Edaefield is sometimes taggered in his ca mer moments by 21s mere violent utterances. Senator Tillman-I read that home tead decision the other day. Mr. Johnstene-Oh, T agree with Fou that the court made a mistake in hat decision. Senator Tillman-What, once you gree with me? Mr. Johnstone-Yes, twice if you tre right. You would get more to gree with your opinions, let me say, f you were not so violent in some of rour utterances. Senator Tillman-It may be that ,he leopard will cange his spots or hat the lion will trim his claws. Mr. Johnstone-Then, thank God if ou do. (Laughter.) I've seen you o often make errors of judgment that f I were to brand you as I am inclined ,o do, for every error of judgment, ou, in my opinion, would be the nost astounding of criminals. (Laugh er.) But why charge every error of udgment as dishonest? Senator Tllman-We are not talk ng about dishonesty and nobody has haged dishonesty. Now, Mr. John tone, do you pretend to say you know rhat'are the rights of married women n this State under that decision? Mr. Johnstone-Although I am a nodest man, I must plead that I do Mow. If t~ho logislaturo did not :hange the laws so mnch the courts ould be more consistent. Senator Tillman-Then do you think hat the court's decision validating ~ertain township bonds were right? Mr. Johnstone-I do not remember he details. Senator Tillman-I am glad I have cund something that you do not claim o know all about. Mr. Talbert-I think the gentlemen re out of order, as none of this has nything to do with the matter under iscussion. Mr. Johnstone-Now, Talbert, sit own and don't operate that automa c mouth of yours. (Great laughter.) Mr. Johnstone-The gentleman from dgefield has so often claimed to be a ~tatesman and not a politician and so nfallible in his judgment as to what ie knows, that I ought to be willing o sit at the feet of Gamaliel and re ~eive instruction. Senator Tillman-The court declared ertain bonds invalid and the legisla ure by some hocus pocus and round bout way validated the bonds. Mr. Johnstone There he goes again n another ons'aught on the Iegislature md I would like to know where on mrth he expets to find a man ex ~e t himself tais ever right. ~,nator Tillman-What I want to Inow is whether you think the legis ature can validate an unconstitution 1l debt ? Mr. Johnstone-I haven't looked nto it. Senator Tillman-Why the propos ion is as big and broad and as plain s that monument out there. This entire colloquy was conducted n the best of humor by both Messrs. Tohnstone and Tillman, and it afford dno end of amusement to the mem ers of the convention. Mr. Johnstone was at his best. Mr. BELLINGER CLOSES. Mr. Bellinger closed the argument >n'his side. There was quite a lively lebate between him, Mr. Johnston, Kr. Bryan and Mr. G. D. Tillman. He ok up the suggestion that the dispen ~ary law was at the bottom of this dis muSSon. He gave his word that this matter ~vas not put there with any special re ~erence to the dispensary law. He had nore reference to lynchings than to .he dispensary. When he brought it p there was a provision in 'another irticle that no man could be held for ny crime unless upon the true bill of a grand jury of his own county. The owns were now convicting under the lisbensary law. He was no advocate af the metropolitan police system. But on't you know that the knowledge of this power has shut up more blind tigers than anything else? You can't convict a man who has wealth. I mentioned last night the dispensary law and every lawyer here who is op posed to that law o'ot up here and be gan to pitch into tY ' bill on this ac count. I did not inject the dispensaey jaw in here. It is taken up by men who desire to completely emasculate tle dispensary law. "The dispensary law now provides that in a case where the grand jury hall fail to find a true bill that the court shall, at the request of the solic itor remove the trial toanother county and so on ad infinitum until a con iction. What have we here? A pro position to deprive the State of the right, in all cases, in white cap cases, lynching cases, dispensary cases, to moe for a change af venue. What becomes of the dispensary system? Theyj say that these people are respectino it because the supreme court h a ecad iconstitnnal.Whnt man has a higher respect for the su preme court than he has for the legis lature When has any lawyer refused to defend aman because the law under which he is being prosecuted is uncon-, stitutional? I will tell you what has brought about this change. They have found that if the grand juriesrefuse to five a true bill and the petit juries re ?use to convict that the State will get a change if venue. The fear of the -law is the very best thing in the world to suppress crime. You can convict a poor man anywhere if he is unable to employ : unsel, but you cannot, as a general rule, convict a man who is able to employ lawyers and further more to tamper with juries. Mr. Talbert-Don't you think that if this provision obtains, and you drag men from their homes, that you will make enemies to the dispensary law? Mr. Bellinger replied by expressing his confidence that thelpower to change the place of trial won Id be properly used by the judges. BARKER AND BELLINGER. Mr. Barker-Do you believe that a man carried from Charleston to Or augeburg county would have a fair trial in a dispensary case, where the political sentiment is prejudiced in fa vor of the dispensary? Mr. Bellinger-Do you mean by po litical sentiment a sentiment to enforce the law at all hazards? Mr. Barker-Do you think it would be fair to take a man and carry him from a county which is. in favor of lynching and carry him to a county where the political sense is against it? Mr. Bellinger-Do you not believe that a man carried from Charleston on a dispensary matter would have a fair trial in any other county of the State? Mr. Barker-I do not sir: Senator Tillman -Then is not that a confession that he will not get justice in Charleston? Mr. Barker-I am not making con fession. sir. Mr. Bowman-Can a violator of the dispensary get a fair trial in Charles ton ? Mr. Barker-He may and he may not. You have assumed that the sent iment in Charleston is such that he cannot get a fair trial. Mr. Bowman-You have made the same statement in regard to Orange burg. Mr. Barker-You have assumed that hecouldnotget a conviction in Charles ton and want to carry him to a county where on account of political prejudice in favor of the law he can'tget justice. Mr. Bellinger-Do you mean to say that a:man should be tried in his own county even if it is known that on ac count of prejudice he is not going to be convicted. Mr. Barker-Better let him be ac quitted then than to violate that fun damental principle of American and English liberty. You must not violate the fundamental principles in order to carry out the provisions of this law. I tell you it will come back to you if you do. I sympathize with the sentiment that has been raised against barrooms, and am insofar in sympathy with the dispensary law, but I do not sympa thize with these provis ic of that law and the manner in which it is executed in violating the fundamental principles of American liberties in the matter of search. Mr. Bellinger wanted to remove the impresion that he and Senator Till man had gotten together and concoct ed this scheme to facilitate the enforce ment of the dispensary law. Mr. Barker had not intended to im pugn any such motives to him. THE AMENDMENT ADOPTED. Mr. Johnstone's amendment was then adopted by a vote of 71 to 57. MORE CHANGES. Mr. Efird offered an amendment which would take away the right to change the venue except in civil cases. Tabled. Mr. Stanyarne Wilson moved to amend by providing that "the State shall have the same right to move for a change of venue that a defendant has for such offences as the general assmblymay prescribe." Mr. Wilson spoke vigorously on this motion, after Mr. Johnstone's point of order that it was the same as the proposition stricken out was over ruled. Mr. Wilson argued for the dispen sary law, speaking of the blind tiger violations. This was simply to leave the present act of the general assembly of force. Character was not involved in dispensary cases. This was simply to allow the convention to say wheth er it would repeal the legislative act or not. Mr. Johnstone stated that this was simply threshing over old straw. He was simply fighting for the general principle in this matter. On his hon or he had no fight to make on the dis pensary law. He wanted no return to the barroom system. SENATOR TILLMAN sPEAKS. Senator Tillman then took the floor and after a few preliminary remarks, said: Mr. President-There is an evil we will acknowledge, and that is that the partisan or political feelings of men in rega'rd to this special law are such that they will not abide by their oaths and render a verdict. Mr. Johnstone-Let me ask you a question in that connection. Would you violate your solemn oath on ac count of political partisanship ? Mr. Tillman-No, sir. Mr. Johnstone-Why, then, would you expect other people to do so? Mr. Tillman-I do not mean to ar ray myself as better than anybody else, but the p roof is that the political feel ing in Charleston County is such that juries-whether drawn honestly or not-I think they are cooked by the whiskey element and draw their juries from that element, will give no true bills. But let that stand for what it is worth. I had great pains to keep the con vention from incorporating the dis pensaryin the Constitution absolutely. If you do not want to see the dis pensary law absolutely nullified you have got to give the State some op portunity to convict. Other wise you had as well strike it out. Mr. Johnstone-The convention can not by one vote do a thing and then by another do exactly th~e opposite thing. This gives the legislature the right to provide for change of venue in cases of larceny, petty larceny, ar son, murder, breach of trust and other cases. If the gentleman cannot trust the juries in thme dispensary cases let , him distinctly say "in dispensary cases." Mr. Tillman-Will you accept that? Mr. Johnstone-It is infinitely pre ferable to that other. Senator Tillman-WXill you agree to "offences against police regulations?"' Mr. Johnstone-Oh ! let's say "dis-1 pensary cases" at once. Senator Ti;11man-T hen make it 1; quo? cases. Mr. Johnstone--I accept that. I will ask the gentlemen of the convention to pause and reflect. I am afraid that he, too, (Senator Tillman) is some times a political partisan-a partisan of the dispensary law. I am afraid that his zeal in this matter is causing him to go too far. I say, in all kind ness. that his zeal sometimes defeats its own ends. Mr. President, you have to give a community some time to ac commodate itself to a change of cir cumstances. Everything reconciles itself. Let's give time-a little time to do perfect work. Let the "fullness of time do its work." OTHER SPEAKERS. Mr. Meares made a strong speech against the Wilson amendment. He concluded thus: "The proposed rem edy, Mr. President, is mach worse than the disease, the cure than the bite. Let us trust to the kindly influ ences of time and the right--which the dispensary is-will prevail. Do not, gentlemen, adopt "his measure unless you wish to inflict a vital blow upon that system." Mr. Johnstone then once more ex plained his attitude on the dispensary law in relation to this question. They were charging that he did not want the dispensary law enforced. The law was being enforced and it would be better enforced as the years rolled round. He renewed the motion to lay on the table, but withdrew to let Mr. Sligh speak. Mr Sligh said he could see no good reason why any man should oppose the Wilson amendment. Why shouldn't they leave it to the legisla ture. which would be composed of as good men as this convention. Mr. Johnstone then renewed his motion to table the Wilson amend ment. Lost--yeas 59, nays 72. The Wilson amendment was then adopted and clinched. OTHER AMENDMENTS. Gov. Sheppard offered the following as an addition to the section: "Provided that in no criminal case shall a chaige of venue be made with out a recommendation of the grand jury of the county in which the crime was committed." Mr. Henderson offered this substi tute: "Provided, however, that no change f venue shall be granted in criminal ases until after a true bill has been found by the grand jury: and provided further. that if a change be ordered t shall ba to a county in the same ju licial circuit." Mr. Henderson spoke most earnest ly and forcibly in favor of his amend ment. Pending the debate the Conven tion took its usual recess untill to night. The night session was taken up with the debate on Mr. Henderson's substi tute. The rrincipal speeches were made by Senator Tillman and Mr. Barker. The motion to table Mr. Henderson's substitute was lost-yeas 63. nays 66. The substitute was then adopted. Mr. Patton offered the following: "Section 7. No injunction or other civil process shall be issued at the suit of the State, for the prevention of any act which, by the law of the land, constitutes a crime."' (The evident purpose of this amend ment was to stop the issuing of in junctions to forbid persons to sell li quors.) On motion of Mr. Stanyarne Wilson this section was tabled-yeas 53, nays Mr. Patton moved to reconsider this vote. Pending debate on that vote, the Convention adjourned. The morning session wss taken up in the discussion of Mr. Patton's amendment. It was finally rejected by a vote of 95 nays to 37 yeas The article was then ordered to a third reading. Our Industrial Progress. The Columbia correspondent of the News and Courier says the report of the Secretary of State will show a won lerful advance in the State industrial ly. Complete extracts'cannot now be given, but enough is given to make a most agreeable showing to the people of the State. The report will show that charters were issued this year to :orporations with an aggregate capit al stock of $5,267,700, against $2,910,700 or 1894. In other words, the capital invested in industrial enterprises in the State for the year ending October 31. 1895, was more than twice as mch as was so invested for the year ending October 31, 194. There has been a w~on lerful increase in cotton manufactur no- enterprises, and the figures given wil surprise even those who have been watching the development of this industry.- In 1894 five cotton manu facturing enterprises were chartered ia the State, with a capital stock a~mounting to $465,000. In 1895 twen ty cotton manufacturing enterprises were chartered, with a total capitaliza ion of $2,705,000. Six times as much money was invested in cotton manu facturing in 1895, as was so invested in 1894. This does not include the :apitalization of those mills now un ler process of organization, or rather those to which commissions only have been issued. The figures given apply only to those which have been regular lv chartered, nearly every one of Ghich is now in operation or is in pro :ess of building. While no compara tie data are at hand it is safe to say that South Carolina will again be tihe banner State in the matter of increas ing her cotton manufacturing facili ties. The above facts are very encou raino, and shows that there is life. and penty of it, in the old land yet. We look for still greater progress in the next few years. shot Dead by a Boy. CovIN~GToN, Ga., Nov. S---A young negro namedl Isaiah Green, and a young white boy started hunting. When about two miles from Coving ton they passed the house of Rufus Polson, colored, who with his wife was pickihg cotton. Green made a remark to Polson's wife that she took exceptions to and informed her hus band who was near by. Polson fol Lowed the two boys and overtook them. Hie threatened to whip Green whereupon Green shot him dead and made his escape. The coroner's jury returned a verdict of voluntary man slaughter.____ A Bad D~ay for Democracy. WASENGTON, Nov. 9.-In the elec tions held last Tuesday in the States of New York, New Jersey, Kentucky, Marland and several others the Re pubicans carried most of them, de feating the Democracy badly in many ieretofore strong Democratic States. [t was certainly a bad day for Democ acv, and insures the Republicans the ext President. SUFFRAGE PROVISIONS. HOW THEY WILL STAND IN THE NEW CONSTITUTION. The Convention Completes the Article on this Important SubJect.--Detals of the Proceedings. CoLumBIA, Nov. 6.-Special: The Constitutional Convention reassem bled last night. Mr. Wells offered an ordinance to postrone the next regular session of the general assembly from the fourth Tuesday in November, 1895, to to the second Tuesday, in January, 1896. This ordinance was placed on the calendar. Mr. Henderson moved that No. 23, his ordinance to provide for an issue of State boys bo printed as amended and laid on the desks of the members. This was agreed to. Mr. Kennedy's ordinance relatin to Chesterfield County's railroaa bonds was called for, but it was passed over. SECTION FIVE. The suffrage article was then taken up, and section 5 was read. M:. Bryan offered the following amendment: Insert on line 3, after the word "ar ticle," the words, "and on such appeal the hearing shall be de novo." Mr. Jones wanted to know if the words "de novo" were intended to ap ply to the supreme court, too. Mr. Bryan said they were to apply to all courts. The amendment was agreed to. T'Ae whole section was then adopted as follows: Section 5. Any person denied regis tration shall have the right to appeal to the court of common pleas, or any judge thereof, and thence to the su preme court te determine his right to vote under the limitations imposed in this article, and on such appeal the hearing shall be de novo, and the gen eral assembly shall provide by law for such appeal and for the correction of illegal and fraudulent, registration, voting and all other crimes against the election laws. SECTION SIX. Section 6 was then taken up, and Mr. Bellinger offered the following amendment, which was adopted: Amend section 6 by adding after the word "bigamy" the following words: "Housebreaking, recedving stolen goods, breach of trust with fraudulent intent, assault with intent to ravish, miscegenation and larceny." and by I striking oat the words "theft" and "embezzlement," on lines 3 and 4. Senator Tillman made the motion to add "miscegenation." Miller wished to know if the term "larceny" included petty larceny also. He got no answer. The whole section was then adopted as follows: Section 6. The following persons are disqualified from being registered or voting: First, persons convicted of burglary, arson, obtaining goods or money un der false pretenses, perjury, forgery, robbery, bribery, adultery, bigamy, wife beating, house breaking, receiv ing stolen goods, breach of trust with fraudulent intent, assault with intent to ravish, miscegenation and larceny or crimes against the election laws. Provided, that the pardon of the gov ernor shall remove such disqualifca- 1 tion. Second, persons who are idiots, in sane, paupers supported at the _public expense, and persons confined in any public prison. SECTION SEVEN.1 Section 7 was ado pted, without any1 trouble at all, as follows: Section 7. For the purpose of voting no person shall be deemed to have gained or lost a residence by reason of his presence or absence while em ployed in the service of the United States, nor while engaged in the navi gation of t' e waters of this State, or of the U nited States, or of the high1 seas, nor while a student of any insti tution of learning. SECTION FEIGHT.1 Section 8 was then called up. Governor Sheppard offered the fol lowing amendment:] Add to section 8 "for the first regis-] tration to be provided for under this Constitution the registration books, shall be kept open for at least six con-< secutive weeks and thereafter fromi time to time, at least one week in each month up to 30 days next preceding the first election to be held under this 1 Constitution." Governor Sheppard explained what < the effect of the amendment meant, and answered some questions in re gard to it. It was then adopted. Mr. Gage moved to strike out the words "provided, further, that thisi section shall applly to all municipal elections." He said that it was im- I practicable to apply the section to mu- 1: rcipal elections. Senator Tillman said the best thing t to do was to put in a separate section epplying ,to municipalities. Mr. Gage's amendment was then adopted. Mr. W. D. Evans moved to strike out the entire first proviso of section , which allowed the two political t parties representation on the boards ofc managers and canvassers. Mr. Evans thought that it was best t to leave the whole matter of details toc the general assembly. Mr. Johnstone said he wanted the ayes and noes. He went on to say hat if the convention did not bring ' about pure and honest elections i were better that it had not been held, ( and that if the convention did not do away with the incompetent and vi- ( cious vote it had better never have] been held; and that honest elections] were not possible if this amendment] was passed. .. Mr. Evans said that it was not his( intention to have any room for fraud. 1 Mr. Johnstone said that he only knew that the gentleman fronm Marl-I1 boro sought to strike out the only pro-J vision that compelled them to be lion est and fair. Mr. Evans said that so far as he was conrned some of the most unfair elections he had ever seen had been concocted with the representation on the board of managers from both par- I ties, and that lie had no intention of i doing anything to help fraud. 3 Before the vote was taken Mr. Bry - an stated that there was no principle I to which the convention had given more attention than that embodied in this proviso. In New York the con- I ention had o'one further than this onvention hal even. They had care- 1 fully considered the effect of this pro- li viso and thought it should stay. 0 The vote was as follows: Tj Yeas-President John Gary Evans. Alexander, Ashe, Atkinson, Austin, n rer, Cunningham, DeHay. Dennis, Douglass, Efird, Evans, W. D.: Field, Eitch, Floyd, Gary, Gooding, Harnel, Elarrison, Hay, Hemphill. Henderson, Wm.: Houser, Johnson. T. E.; Joies, L B.; Jones, Wilie; Keitt, Kennedy, E. J.: McCalla, McCaslan, McMakin, icWhite, Matthews, Moore, Morrison, ?arler, Rosborough, Rowland, Rus ;ell, Shuler, Sligh, Smith, A. J.; Tal >ert, Taylor, Waters, Wharton, Wil on, Stanyarne; Wilson, W. B.-54. Nays-Anderson, Bellinger, Berry, lowen, Brice, J. S.; Bryan, Derham, )oyle, Dudley. Fraser, Gage, Glenn, r. L.: Harris, Henderson, D. S.; How 1, Hutson. Johnstone, George; Mc Iowan. McMahan, Mears, Miller, 4ower, Otts, Patton, Prince, Reed, I. 1.:Sheppard, Sloan, Smith, Jeremiah; Cillman, B. R.; Wells. White. A. H.; White, S. E.; Wigg--35. The clincher was put on by Mr. 'tanyarne Wilson. Section 8 was then adopted in this hap' : Section 8. The general assembly hall provide by law for the registra ion of all qualified electors, and shall >rescribe the manner of holding elec ions and of ascertaining the result of he same; provided, at the first regis ration under this Constitution and intil the 1st of January, 1898, the reg stration shall be conducted by a board )f three discreet persons in each coun y, to be appointed by the governor. >y and with the advice of the senate, or the first registration to be provided 'or under this Constitution. The reg stration books shall be kept open for it least six consecutive weeks and ;hereafter from time to time, at least )ne week in each month up to 30 days 2ext preceding the first election to be ield under this Constitution. SECTION NINE. Section 9 was then taken up and the ection was given several small imendments, Gov. Sheppard having ;he word "election" in lines 1 and 4 hanged to "polling." Mr. Johnstone offered an amend nent looking to the transferring of a voter from one voting precinct to an ther and this brought up quite a dis :ussion as to the territorial lines of voting precincts. After further debate, section 9, to nether with an amendment offered by Kfr. Stanyarne Wilson, was passed >ver. SECTION TEN. Section 10 was then amended so as o read: Section 10. The general assembly ;hall provide by law for the regula ion of party primary elections and punishing fraud at the same. In this form it was adopted. SECTION ELEVEN alled forth some discussion on mendments offered by Mr. Fitch and -Tovernor Sheppard. It was passed >ver. SECTION TWELVE was adopted, as follows: Section 12. Electors in municipal flections shall possess all the qualifica ions and be subject to all of the dis ual fications herein prescribed. The prouction of a certificate of registra ion from the registration officers of the county as an elector at a precinct included in the incorporated city or town in which the voter offers to vote, is declared a condition prerequisite to uis voting, and in addition he must iave been a resident within the in orporated limits at least four months efore the election, and have paid all axes previously due and collectable. WOMIAN'S SUFFRAGE AGAIN. - Section 13 was called up, readi g~as ~ollows: Section 13. At any special election n incorporated cities and 'towns of his State for the purpose of' bonding he same, all resident owners of prop ~rty of the assessed value o?' $300, in aid cities and towns, who are other ise qualified under this Constitution hall alone be entitled to vote. At ~uch election the voter shall produce a 'eceipt for all taxes, county, State and nunicipal, due and collectable, for the ,revious year as evidence of his right ; vote. Mr. Meares rose and offered to imend by inserting after 'electors" on he fourth line, the words "except as o sex," which was to allow women to rote. He spoke at length to his pro >ositicn. This was a different thing, le said, from the proposition already ~ully discussed and voted down. This was a kind of election that might not >ccur in many years, and it was but -ight that the women should be al owed to have a say about their prop ~rty. The convention should measure he matter. Mr. D. S. Henderson said he was the me member of his committee who was tgainst it. It was simply a question heher they were going to make an ntering wedge and allow women to ote at all or not. He was opposed to Mr. McGowan said the women who ad property would be perfectly safe, ,cause no property holding men vould vote a tax on their own proper y that would be onerous. Mr. McMahan thought it would be vel to allow the women to decide vhen there was a close vote, Mr. Meares said that political voting as concerned before: that was not he case now-it was a pure question Mr. Hederson renewed his motion o lay the amendment on the table and i this Mr. Meares demanded the roll. The vote resulted as follows, the amendment being killed: Yeas-Alexander, Anderson. Ashe, Lustin, Barry, Bellinger, Bowen, 3reazeale, Brice, J. S.; Bryan, Buist, jarver, DeHay, Dennis, Douglass, )oyle, Efird], Field, Fitch, Fraser, iary, Glenn, J. L.; Gunter;~ Hamel, larris, Harrison, Henderson, D. S lenderson, Win.; Houser, Howell, iutson, Johnson, T. E.; Johnstone, 1eorge; Keitt, Kennedy, E. J.; Mc iowan, McMakin, McWhite. Mat hews. Mitchell. Morrison, Mower, rfurray, Otts, Prince, Reed, I. Rl. lowland, Russell, Sheppard, Smith. eremiah; Talbert, Waters. Wells. hite, A. H.; Wilson, Stanyarne: Vilson, WV. B.-57. Nays- Governor John Gary Evans. Ltkinson, Barton, Brice, T. V. : Cn ingham, Derham, Dudley, Evans. V. b.: Floyd, Gage. Gooding, Hay. Iemphill, Jones, I. B.: Jones, Wiiie: 'IcCalla. McCaslan, McMahan, Meares, filler, Moore, Parler, Rosborough, huler, Smith, A. .J.:Taylor. Tillmnan, . 1R.: Wharton, White. S. E.: Wigg The vote was clinched on motion of Ir. Bryan. Mr. Johnstone moved to amend by serting after the word "receipt" on ne 5, the words "or duplicate receipts f the officer collecting the same" his was tabled. Mr. Gage offered an amendment to ike the section apply to counties as -eIa cities and tons. This was agreed to. Mr. Jeremiah Smith moved to strike out all after the word "same" on line 2 down through the word "election." He said that since Mr. Gage's amend ment had been adopted it applied to all counties as well as to cities and towns. He explained that such being the case a great hardship would be worked ou the covntrvmen who paid taxes on less than *300 worth of property. Mr. McCaslan said that in the coun try there were a good many men who had transferred their property to their wives. These men would be unable to vote. Mr. Prince moved to stike out the entire section, but withdrew the mo tion. Mr Derham moved to table Mr. Smith's amendment and on that the ayes and nays were called. The roll was called and the vote resulted as follows: Yeas 35, nays 42. Before the vote was announced Mr. D. S. Henderson asked if it. showed a quorum. When it was announced the president declared that a quorum had not voted and the vote was there fore null and void. The convention thereupon adjourn ed until 10 o'clock this morning. SECTION NINE. When the convention reassembled this morning it quickly tackled the re maininG sections of the suffrage arti cle. Mr. Stanyarne Wilson offered the following substitute for section 9, which was adopted: Section 9. The general assembly shall provide for the establishment of poll ing precincts in the several counties of the State, and those now existing shall continue until abolished or changed. Each elector shall be re quired to vote at his own precinct, but provision shall be made for his trans fer to another precinct upon his change of residence. SECTION TEN. went through without any trouble: Section 10. The general assembly shall provide by law for the regulation of party primary elections, and pun ishing fraud at the same. SECTION ELEVEN. Section 11. The registration books shall close at least 30 days before an election, during which time transfers and registration shall not be legal, ex cept as to persons coming of age in the interim. Mr. Bryan offered the following amendment: Add to section 11. The registration officers of each county shall, 20 days before any election held in the county, or any city or town in the county, make, certify and file in the office of the clerk of the court of common pleas of the county copies of the registration books showing separately the register ed voters for each polling district in said county and the same shall remain on file as public records of said office and open to public inspection." Mr. Bryan spoke for the amend ment. Senator Tillman favored the general idea, but thought the Bryan plan cumbersome and expensive. Mr. George Johnstone wanted to know if the original books when filed as public records were to be considered the supervisor's private property. He finally offered the following amendment: Before the amendment of Mr.'Bryan insert: "The registration books shall be public records, open to lthispe tion of the public." Mr. Fitch - -to the amendment for -tTme, urging its adoption. -The question was then being put on Mr. Johnstone's amendment to the amendment when Mr. Johnstone got the floor and explained it. He said no man liked darkness better than ' oht unless his deeds are evil If they 'd not intend to have a fraudulent regis tration in this State, let us speak out now, or forever let it go. In the last election an aged citizen who bad charged into the Federal ranks, usino his crutch as a sabre,was disfranceba by a registration officer. You ca-.ot base civilization upon infamy; fair ness upon fraud; character on base ness. March forward to a future that will not land our people into "charac terlessness." Fraud in elections leads to fraud in public life. After a running debate between Messrs. Joh istone and Talbert the amendment was adopted. After still further aiscussion the sec tion was, on motion of Mr. Breazeale, stricken out. Later on this vote was reconsidered. It was further resolved to reconsider the vote whereby Mr. Bryan's amendment was adopted. The Bryan amendment was then killed. The section was then adopted in the form in which it is first given above. The remaining sections were then adopted as follows: Section 12. Electors in municipaL elections shall posses all the qualifica tions and be subject to all the disqual ifications herein prescribed. The pro duction of a certificate of registration from the registration officer of the county as an elector at a precinct in eluded in the incorporated *ity or town in which the voter offers to vote, is declared a condition pre-requisite to his voting, and in addition he must have been a resident within the incor porated limits at least four months be lore the election and have paid all tax es previously due and collectable. Section 13. In authorizing a special election in any incorporated town or city in this State for the purpse of bondincr the same, the Gneral Assemb'ly shall prescribe as a condi tion precedcnt to the holding of said election a petition from a majority of the freeholders of such city or town as shown by its tax books and at such election all electors of such city or town who are duly qualified for voting under Section 12 of this article and who have paid all taxes, State, county and municipal, for the previous year, shall be allowed to vote and the vote ofra majority of those voting in said election shall be necessary to author ize the issue of said bonds. Section 14. Electors shall in all cas es except treason, felony or a branch of the peace. be privileged from ar rest on the days of election during their attendance at the pools, and go ing to and returning therefrom. Section 15. No power, civil or mili tary, shall at any time interfere to prevent the free exercise of the right of suf frage in this State. THE Springfield Riepublican says "one J1. A. Mette, who hails from South Carolina, is so thoroughly dis couraged at the botch his neighbors are making of Constitution forming that he has printed a pamphlet urging that all Constitutions, United States, and all, he abolished off-hand. 'What is a little thing like the Constitution be tween friends, anyway (-let's make Mette happy and get along on the by Iows.'=