The Manning times. (Manning, Clarendon County, S.C.) 1884-current, December 11, 1895, Image 1
WI
_VOL.o xi. MANNING S. C., WEDNESDAY, DECEMBER 11, 35 O 0
ADJOURNE NE DI.
THE CONSTITUTIONAL CONVENTION
HAS COMPLETED ITS TASK.
Closing Scenes of the Final Session--The
Instrxument Formally Signed and Seated.
COLUMBIA, Dec. 4.-Special: The
Convention reassembled last night. to
hear the -report of the committee on
"order, style and revision", and to
rafy the new Constitution. The at
tendance of delegates was surprising
ly. large. The committee's work had
been completed-and well done. Their
suggestions were made in a clear and
systematic manner.
The' convention first decided to ad
journed sine die some tim today.
Thenthe Constitution was taken up,
section by-section. The amendments. I
offered by the committee (relating in
alpiost-every instance, to forms of ex
pression) were, one by one, adopted. i
In.--this way several articles were I
disposed of.
This afterno6n the reading was com
pleted. Then an aye and nay vote was
called for on the adoption of the Con
stitu ion as a whole.
"The 'rollias called, being entered
upon at 4:10 p. m., and resulted as fol
lows:
Yeas-Gov. John Gary Evans, Al- t
drich, Alexander.Ashe, Atkinson,Aus
tin, Barry,.Baiton, Bellinger, Berry,
Bobo, Bowen, Bowman, Bradham, t
Breazeale, Brice, T. W., B3yan, Buist,
Burn, Cantey. Carver, Clayton, Con
nor, DeHay,'DennisDouglass, Doyle,
Efird. Estridge, Ellerbe, Evans, X .
D.; Field. Fitch, Floyd, Fraser, Ga-e.
Gamble,.Glenp, J. L.: Glenn. J. P.,
Gooaine Graham, Gray, Gunter,
HamellIarris,Harrison,Hay, Hayns- 1
worthiHemphill, Henderson, D. S.;
Hiers, Houser,Jervey, Johnson, T. E.; f
...Jlutagie,.. George: Jones, Ira B.:
-- Eei1t,'Kenhedy, K. J.; Kennedy, J-.
W. ;Lee, Lowman, Lybrand, McCalla,
McCaslan, McCown, McDermotte,Mc
Mahan McMakin, McWhite, Mat
thews, Meares, Mitchell,Montgomery,
J. D.; Montgomery, W. J.; Moore,
Morrison,'Mower,' Murray, Nash, Na
thans. Nicholson,0usParrott, Peake,
Prince,' Ragsdale, Redfearn, Rogers,
Rosborough, Rowland, Russell, Scar
borough, Sheppard, Shuler. Single-2
tary, Siigh, Sloan, Smith, A. J.;
Smith, R. F.; Smith, W. C.; Smoak,
Stickbouse, Stribling, Sullivan. Tay
-or Tillman,G. D.: Timmerman, Von
Konitz, Waters,Wel's, White, A. H.,
ns, Wilson,- W. B.; Winkler,
ward-Total 116.
Nays-Anderson,' Dudley, Miller,
Read, J. H.: -Reed, I. R.; Smalls,
Wigg-Total7.
- i. Dudley explained his nay vote
by saying that there were some feat
ures of the Constitution to whicb he
--could not assent.
-ceMr. J. H. Read explained that he
ob'ected to the suffrage provisions.
he colored members made no ex
planations.
The following delegates asked to be
recorded as voting aye, -J. C. Klugh,
R L. Henry, FrankB. Gary, C. J. C.
Hutson and R. B. Watson.
Mr. Mitchell of Charleston rose,and
asked that the motion to print his re
marks' on the education article be
withdrawn. He appreciated the com
pliment. but thought there should not
be this discrimination in his favor.
The motion was withdrawn.
ALL READY.
- Judge Fraser at 7:37 p. m. sent up
to the desk the copy of the Constitu
tion all'put together with a sheep skin
backig, 'ready to be signed. Presi--t
dent Evans took it and announced
-.that the delegates would come up andt
sign the document by counties.
THE FIRST SIGNATURE.
At 7:38 President Evans affixed his,
-the first signature. Vice-Presidenti
-Jones followed. Then Abbeville coun
-tywas called and at 7:43 p.nm. Mr.1
Fralik B. Gary affixed his signature,
being followed by Gen. Hemphill.
Then the work of signing the docu
nment went ahead. Many memibers
.brought their own pens to sign the
- document.
In the-gallery there were onenegro,
one white man and three colored
*women. On the floor there were four
ladies, one being Miss Hemphill of
Abbeville. .
THE NEGROES DON T SIGN.
When Beaufort county was called
all-of her colored delegates save Gen.
.g-malls were out of the hall. He
stated thatle-was the only one present
aid he'dfid not care to sign anyhow.e
S~drtly afterwards Mr. Austin intro-e
dd a resolution that no member be
- en his per diem until he signed.
Gu. Smalls rose and pretty -warmly
dealared .that he did not care. The
resohition was withdrawn.t
-THE END'RE.&CHED.4
-At two mir utes of 9 o'clock the
pisident announced that the work of <
~~~ing the Constitution had beeni
caolated. He declared it the organic1
la :of the State.
CO3DIITTEE OF THE wHOLE.
-On motion of Mr. Patterson the con
velition then resolved itself into a <
committee'of the whole, and Mr. 1
-Johristone vas called to the chair. (
Mr. Patterson then otrered the fol
lowing resolutions, which were adopt
ed:
Whereas, The Constitutional con
vention is now about to .adjourn sine i
die. be it
Resolved, That the convention here-<
by testifies its highest appreciation of
the able, dignified and courteous man
ner in which the Hon. John Gary Ev-i
ans has discharged the duties of the
high office of president of the conven
tion, and also to express the wishes
of the members for his con tinued pros
perity'and ha'ppiness.
Resolved, further. That this conven
tion record its. acknowledgemnent of I
the courteous anid efficient manner in
which the Hon. WV. J. Talbert and Ira
B. Jones have presided over this body
as its fic--presidents.
Resolved, further, That this con
vention desires to express its apprecia
tion of the efficient manner in which
S. WV. Vance, secretary; and the other
officers and employees of this conven-1
tion have discharged the uties of<
their respective offices, and the best
wishes of the convention will attend
them one and all in their future lives.]
Resolved, That the thanks of this
convention be extended to the corn
-mittee on order, style and revision,
Hon. T. B. Fraser, chairman, for their
arduous and successful labors in the
arrangement and revision of the sev
eral articles cif ths Constitution adopt
ed by this convention.
.Speaking to it he said:
Mr. Chairman-In presenting this
resolution I am satisfied I voice the
sentimentsof this convention. It is
seldom that one of the age of the dis
tinguished chairman of this committee
lays Masd at the eveningm time of
iis ave the surroundinms of home and m
ts pleasant associations and goes into pf
body like this to assume arduous and
xactiiug duties. But as each member; M
ere has noticed he has, with a self- re
acrificing patience. iven his time and c
nature thought to the vexed questions m
vhich have been submitted to that m
-ommittee. and no higher expression h<
>f the confidence of this convention of si
he work which that committee has th
lone could be given than the unanim- 'm
tv with which it has accepted it. And ar
is lie as chairman and the various di
rentlemen composing that committee w
ay aside the duties which they have ,
yeen called upon to perform, they p]
mach one retire to their homes with pl
he consciousness of duty well per- id
ormed. In behalf of the people and w
heir State I move the adoption of th
.hese resolutions. sh
The resolutions were then unani- pi
nously adopied.
A PRESENTATATION ScHEDULED. y<
Mr. Bellinger then rose and stated as
,hat the members of the convention m
iad provided for a gold watch to be Y(
)resented to President Evans. He C
uggested that the chair appoint a a
ommittee to make the presentation. tl
rhis was aireed to. Messrs. Bellin- di
rer, Breazeale and Buist were appoint- A
~d.
THANKS TO COLUMBIA.
Mr. Mc(-owan then rose and moved w
hat the thanks of the members of the b
onventkn be extended to the citizens
f Columbia for the handsome hospi- u
ality extended them during their stay w
tere Y(
This was seconded by Mr. A. J. s
a
mith in behalf of Laurens county:f
dr. Burn in behalf of Darlington;
dr. Havnsworth as a representative hi
f the Piedniont section, who made d
ome appropriate remarks; Mr. Mc- dE
Vhite, as the "lavman from Flor
nee;" Mr. -J. A. Siigh, as "a private a
rom Newberry:" Capt. Barry in be- t
alf of Spartanburg and Dr. Timmer- a]
nan in behalf of Edgefield.
Mr. McGowan's motion was unani- ag
ously adopted.
A FRIEND OF THE PRESS.
Mr. Otts then offered a resolution I
f thanks to the representatives of the f
>ress for the complete and impartial 01
eportsof the convention's proceedings. te
his was adopted unanimously.
The committee of the whole then
ose, and President Evans resumed th
he chair. fa
MR. .1OHNSTONE'S REMARKS. is
Mr. Johustone. on vacating the th
:hair, turned to President Evans and
aid:
Mr. President: As chairman of the
:ommittee of the whole, it devolves f
jpon me to present to you the resola
ions of thanks which I now hold in a
ny hand, and through you to the E
rice-presidents and the different ofli. hi
:ers of the convention for the able, .
mpartial and effi:ient manner in ti(
hich you yourself and the vice-pres- -
dents have presided over the delibera- Pr
ions of this body and the different sh
>fficers have performed their duties. at
assure that not only were these reso- ai
utions presented to you with absolute cc
innimity, but with a feeling of sin- to
ere regard frori the body over which C
ou have presided. In these, the t
losing hour-- of this convention, it is ti(
-ith unusual pleasure that I am thus gr
ble to address myself to you as the c
rgan of the committee of the whole, dt
nd to assure you that you carry into S
our retirement, so far as you do now be
etire from official station, the hearty g
ood will of each and every member
fit
There were also some resolutions b
vhich the clerk will bring to your at- 01
ention in connection with the com- se
ittee on style and revision, in regard A
o which I have no doubt y ou will dc
et in accordance with the wishes of by
he commitee of the whole. h(
The handsome watch bearing the th
nscription "The ConstitutionaL con.-h
rention, 1895, to John Gary Evans, ti(
resident," was then sent up to the hE
tand. er
THE PRESENTATION.
Mr. Bellinger then took the floor and he
poke as follows: f
Mr. President: Our work perform
d the. time has arrived when your vc
llicial relations are to be severed for
.11 time. The labors of us all during
he ldug weeks now past have- been t
.rduous and exacting, but your posi- p
ion has entailed upon you duties pe- c
uliarly trying to temper, patience and of
hysical endurance and it gives us pr
ileasure to congratulate you upon
iroving yourself equal to the demands. to
In separating from you wve desire to
ive express-ion in substantial form to
>ur appreciation of the integrity, in
elligence and impartiality which have e
arked the administration of your P
igh and responsible oflice, and on be- ti(
alf of the members of this conven. m
ion the pleasing task has been assign
d to me to deliver this watch to you. m
nd now in receiving it, Mr. Presi- P1
lent, we beg that you remember that a*
ts intricate and complex machinery, g~
working in perfect unison and accord, cc
s typical of the fact that it comes to hi
rou as an offering from men of both de
'aces and of every shade of political th
>pinion, but all citizens working for in
he common good and glory of South O1
Jarolina.
In conclusion, we hope that as it sp
icks away the fleeting times it will to
nark the~ hours filled for you with T]
appiness and prosperity. And now
he hour has aririved, if you will per
nit me a minute to suggest as a sec- cc
mnd thought that it would be well to "(
-emember, whenever you consult this A
atch, that it is high time you were ta
narried. (Laughter and applause.)I
THE PRESIDENT's FARZEwELL. HC
President Evans then delivered his
arewell address, concluding at 9 :t i o
>. m. He spoke as follows: re
There are times, gentlemen, places es
md circumstances. that bring the
iearts, of men together; when the out- th
ide bickerings; when disseations; fo
hen animosities are forgotten and ra
1eartsthat were divided became united 9:
md beat for one body. I feel that this ve
:onvenuion, now~ representing the soy
reignty of South Carolina, now rests in
n that condition. It has been the wl
herished hope of the most of us that fir
his convention would be the means
f framing a law around which South
Darolinians could unite: around which
divided people could unite and bury F<
aast ditferences and be brethren once fc
nore. I feel that that has been ac- Mj
:ompished. We came here with some th
nisgivngs. WAe came here, some of 'T.
as, mistrustmng one another. 'We w;
yame here possioly thinking that some th
f us in the heat of debate-in passion K
-would inflict wounds that would p1
ever be healed. I thank God that w
:his has not been the case. I thank
3od that this body will adjourn; and
say it from my own heart and I but
eflect the feelinigs and the sentiments C
f every delegate upon this floor when Ji
[ say that when we leave here we i
leave i with no hatburnings- with si
> prejudices; we leave it a united
ople once more.
Gentlemen. you have honored me.
y people have honored me. You,
presenting them in your sovereign
pacity, have honored me by putting
e in this position; you have honored
e with these resolutions: you have
>nored me with this gift, which I
all cherish, and let me assure you
at as its hands mark the fleeing mo
ents of my life-as the years pass by
id as the time draws nearer for my
parture from this world, I shall al
ays look at this and recall the green
emories of this conventi n; the hap
r hours spent in watching the peo
e: watching the citizens with but one
ea-making the law of their State
ith but one motive actuating them
.e happiness of her people, and ]
all turn to this always with the hap
est of memories.
And now, gentlemen, let me assure
)u that as it shall also be a remindei
has been suggested by the gentle.
tn from Barnwell, I shall assure
)u that before we meet in auothei
>nstitutional convention, I shall bE
married man. I am satisfied, genj
!men, it will be sooner but this is too
gnified a place to make rash promises,
nd now gentlemen, in bidding you
>od bye; in bidding you farewell; it
journing your deliberations, let me
ish you a happy Christmas, a happy
ew Year, and may God cause Hi.
essings to shower upon you, and
)on the State for which you have
rked so hard. I am satisfied tha1
ur work will live after you. I an
tisfied that an honest constituency
ill say "Well done, good and faith
I servants."
I thank you, gentlemen, for these
>nors. I have endeavored in your
liberations to be fair. I have en
avored to exhibit no passion. I re
ize fully the frailties of human na
re, and I realize fully that I have nol
ways conducted myself as I should
Lve done; but Iam satisfied you will
=ee with me that it was an error of
e head and not of the heart.
And now I bid you Godspeed, and
ay heaven bless our State as we gc
rth band in hand, one heart and
ie people, invincible and prosperous.
Governor Evans was frequently in
rrupted by applause.
Colonel Aldrich at this juncture of
red a resolution, which was adopted,
at all those makingspeeches in these
rewell exercises be requested to furn
i copies, and that they be printed in
e journal.
MORE PEACE AND UNITY.
Vice-President Jones then took the
>or and spoke as follows:
Mr. President-I do not rise to make
speech, but I rise in behalf of Vice
sident Talbert. who is discharging
s duty at the national capital and in
y own behalf to thank this conven
>n for the pleasing testimonies which
ey have seen fit to give us as vice
esidents of this convention. It is no
ight honor to have a body of such
le and patriotic men to show their
preciation of the services of the offi
rs of this body. I feel it an honor
have been a vice-president of this
nvention, and I thank this conven
m for the expressions of apprecia
m voted in these resolutions. I am
atified that the 'assembling of this
nvention, in addition to having pro
iced a Constitution of which any
iuth Carolinian might be proud, has
en productive if anything of even a
eater benefit than this. It has
Ight us all as Carolinians that at
art we love our State and love its
st interests, and that we are really
e people, however ;m ach- we may
em to divide upon factional lines.
dl I am satisfied that the good work~
ne by this convention will not end
its adjournment, but we will all go
~me feeling that it was good that
e people of South Carolina sbould
.ve been assembled in this conven
m, and feel that, even if we differ
reafter, we can -differ as breth
en without the differences of thes
t. We can have more respect and
miration for each other, and issue
reafter may be decided upon the
rum of reason, of intelligence and
'erit. I thank you, gentlemen, for
sur attention. (Applause.)
A CONCLUDING PRAYER.
Mr. W. D. Evans then rose and said
at before adjourning he thought it
oper that the proceedings of this oc
sion should be closed by asking one
the chaplains to dismiss them with
ayer.
His motion to that effect was agreed
THE SAGE OF EDGEFIELD.
Mr. Burn said that there was pres.
t a patriot and a statesman, Mr. G.
Tillman, from whom the conven
mn would be very-glad to hear once
are.
There were repeated cries of "Till.
an ! Tillman !" and enthusiastic ap.
ause, until Mr. Tillman finally
ose, and with great deliberation be
n to speak. He was much over
me by the high .compliment paid
m. He spoke for about 30 minutes,
aling with the State in relationi to
e Federal government, and touch
g upon the present national political
tlook. He prayed God that Ton)
ed will not be made President. His
eech was most attentively listened
,It will be published verbatim in
ie State tomorrow.
AN 1IMPRESSIVE FINALE.
Then, on motion Mr. Brezeale, the
nvention rose and sang the hymn,
od Be With You Till We ~Meet
gain," being led by Assistant Secre
ry Melton.
Then the Rev. Mr. Parrott pro
>unced the benediction as follows:
day true mercy and grace from God,
Lr Father, and the Lord Jesus Christ
st and remain with you, now, andJ
ermore Amen."
President Evans then announced
at the Carolina bank, would open
r about two hours, after which he
ised his gavel, and letting it fall at
57 1-2 o'clock, lie declared the con
ntion adjourned sine die.
There was then a general handshak
g for a quarter of an hour, after
Lich the delegates left to take the
st outgoing trains homeward bound.
A Body snatcher sentenced.
LINNEUS, KAS., Dec. 5.-Dr. R. J.
x, a prominent physician, who was
und guilty of stealing the body of
rs. Gates, was today sentenced tc
e penitententiary for three years.
e trunk in which the woman's hody
as found had pasters on it to show
at it had been in the union depot at
ansas City, and it is thought the
isician has been conducting a
holesale business of body-snatching.
Too Late with Her Gun.
JACKSONNIL.LE, FLA., Dec. 5.-Near
termont in Lake county, Fla., Mrs.
mny Davis was arrested while mak
g moonshine whiskey. She tried tk
THE NEW CONSTITUT10.
TEXT OF THE INSTRUMENT ADOPT
ED BY THE STATE CONVENTION.
The Foundation of the Rtights of the Citi
zen and the Powers of the State Govern
ment.
We, the people of the State of South
Carolina, in Convention assembled,
grateful to God for our liberties,' do
ordain and establish this Constitution
for the preservation and perpetuation
of tie same.
ARTICLE I.
IECLARATION OF RIIGHTS.
Section 1. All litical power is vest
ed in and deriy from the people only
therefore they have the right at all
times to modify their form of govern
ment.
Sec. 2. Representation in the- house
of representatives shall be apportioned
according to population.
Sec. 3. The general assembly ought
frequently to assemble for the redress
of grievances and for making new
laws, as the common good may require.
Sec. 4. The general assembly shall
make no law respecting an establish
ment of religion or prohibiting the
free exercise thereof, or abridging the
the freedom of speech or of the press:
or the right of the people peaidably to
assemble and to petition the govern
ment or any department thereof for a
redress of grievances.
Sec. 5. The privileges and immuni
ties of citizens of this State and of the
United States under this Constitution
shall not be abridged, nor shall any
person be deprived of life, liberty or
property without due process of law,
nor shall any person be denied the
equal protection of the laws.
Sec. 6. All property subject to taxa
tion shall be taxed in proportion to its
value.
. Sec. 7. No tax, subsidy, charge, im
post tax or duties shall be established,
fixed, laid or levied, under any pre
text whatsoever, without the consent
of the people or their representatives
lawfully assembled.
Sec. S. No bill of attainder, ex-post
facto law, law impairingthe obfiga
tion of contracts, nor law granting
any title of nobility or hereditary
emolument, shall be passed, and no
conviction shall work corruption of
blood or forfeiture of estate.
Sec. 9. The right of suff rage, as reg
ulated in this Constitution, shall be
protected by law regulatiug elections
and prohibiting under adequate pen
alties, all undue influences from pow
er, bribery, tumult or improper con
duct.
Sec. 10. All elections shall be free'
and open, and every inhabitant of this
State possessing the qualifications pro
vided for in this Constitution shall
have an equal right to elect officers
and be elected to fill public office.
Sec. 11. No property qualification,
unless prescribed in this Constitution,
shall be necessary for an election to or
the holding of any office. No person
shall be elected or appointed to oflice
in this State for life or during good
behavior, but the terms of all olli
cers shall be for some specified period,
except notaries public and officers in
the militia. After the adoption of this
Constitution any person who siall
fight a duel or send or accept a cnal
lenge for that purpose, or be an aider
or abettor in fighting a duel, shall be
deprived of holding any oflice of hon
or or trust in this State, and shall be
otherwise punished as the law shall
prescribe.
Sec. 12. Temporary absence from
the State shall not forfeit a residence
once obtained.
Sec. 13. The power of suspending
the laws or the execution of the laws
shall only be exercised by the general
assembly or by- its authority in partie
ular cases expressly provided for by it;
Sec. 14. In the government of this
State the legislative, executive and
judicial powers of the government
shall be forever separate and distinct
from each other, .and no person or
persons exercising the functions of
one of said departmnents shall assume
or discharge the duties. of any other.
Sec. 15. All courts shall be public,
and every person. shall have speedy
remedy therein for wrongs sustained.
Sec. 16. The right of- the people to
be securein their persons, houses, pa
pers and effects against unreasonable
searches and seizures shall not be vio
lated. and no warrants shall issue but
upon' probable cause, supported by
oath or affirmation, and particularly
describing the place to be searched and
the person oi- thing to be seized.
Sec. 17: No person shall be held to
answer for aniy criine where the pun
ishment exceds a fine of $100oi-m
prisonment for 30 days, ~with or with
out hard labor, unless on a present
ment or indictment of a grand jury
of the county where the crime shall
have been committed, except in cases
arising in the land or naval forces or
in the militia when in actual service
in time of war or public danger: nor
shall any person be subject for the
same offence to be t'wice p'ut in jeop
ardy of life or liberty, nor shall be
compelled ;in any criminal case to be
witness against himself. Private prop
erty shall not be taken for private use
without the consent of the owner, nor
for public use without just compensa
tion being first made therefor.
Sec. 18. In all criminal prosecutions
the accused shall enjoy the right to a
speedy and public trial by an impar
tial jury, and to be fully informed of
the nature and cause of the accusation ;
to be confronted with the witnesses
against him; to have compulsory pro
cess for obtahinn witnesses in his fa
vor, and to be fully heard in his de
fense by himself or by his counsel or
by both..
Sec. 19. Excessive bail shall not be
required, nor excessive lines imuposed,
nor cruel and unusual punishments
intlicted, nor shall witnesses be unrea
sonably detained. Corporal punish
ment shall not be inliicted. The p~ower
to punish for contempt shall not in
any case extend to imprisonment in
the State penitentiarv.
Sec. 213. All persons shall, before
conviction, be bailable by sullicient
sureties, excep~t for capital olifenses
when the pr-oof is evident or the pre
sumption great.
Sec. 21. In all indictmnents or prose
cutions for libel, the truth of the al
leged libel may be given in evidence,
and the jury shall be tha judges of the
law and the facts.
Sec.- 22. Treason against the State
shall consist alone in levying war or
in giving aid and comfort to enemies
against the State. No person shall be
held guilty of treason, except upon
testimony of at least two witnesses to
the same overt act or upon confession
Sec. 2:1. The privileges of the writ
of habeas corpus shall not be suspend
ed unless when, in case of insuirection
rebellion or invasion, the public safe
ty may require it.
Sec. 24. No person shall be impris
oned for debt except in cases of fraud.
Sec.- 25. The right of trial by jary
shall be preserved inviolate.
Sec. 26. A well regulated militia be
ing necessary to the security of a free
State, the right of the people to keep
and bear ar ms shall not be infringed.
As in times of peace armies are dan
gerous to liberty, they shall not be
maintained without the consent of the
general assembly. The military pow
er of the State shall always be held in
subordination to the civil authority
and be governed by it. No soldier
shall in time of peace be quartered in
any house without the consent of the
owner, nor in time of war but in the
nanner to be prescribed by law.
See. 27. No person shall in any case
be subject to martial law or to any
pains or penalties by virtue of that
law, except those employed in the ar
my and navy of the United States,and
except the niilitia in actual service,but
by the authority of the general assem
blv.
Sec. 28. All navigable waters shall
forever remain public highways, free
to the citizens of the State and the
United States without tax, impost or
toll imposed; and no tax, toll, impost
or wharfage shall be imposed, de
manded or received from the owners
of any merchauidise or commodity for
the use of the shores or any wharf
erected on the shores or in. or o ;er the
waters of any navigable stream unless
the same be authorized by the general
assembly.
Sec. 29. The provisions of the Con
stitution shall be taken, deemed and
construed to be mandatory and pro
hibitory, and not inerely directory,
except where expressly made directo
ry or permissory by its own terms.
ARTICLE II.
RIGHT OF SUFFRAGE.
Sec. 1. il elections by the people
shall be by ballot and elections shall
never be held or the ballots counted
in secret.
Sec. 2. Every qualified elector shall
be eligible to any office to be voted
for, unless disqualified by age as pre
scribed in this Constituion. But no
person shall hold two offices of honor
or profit at the same time, except that
any person holding another office may
at the same 'time be an officer in the
militia and a notary public.
See. 3. Every male citizen of this
State and of the UnitedStates 21 years
of age and upwards, not laboring un
der the disabilities named in this Con
stitution and possessing the qualifica
tions required by it shall be an elec
tor.
Sec. 4. The qualifications for suff
rage shall be as follows:
(a) Residence in the State for two
years, in the country one year, in the
polling precinct in which the elector
offers to vote four months, and the
payment six months before any elec
tion.of-any pol1 tax then due and pay
able- brovided, however, that rainis
ters in charge of an organized church
and teachers of public schools shall
be entitled to vote after six months
residence in the State, if otherwise
qualified.
(b) Registration, which shall pro
vide for the enrollment of every elec
tor once in ten years and also an en
rollment during each and every year
of every elector not previously regis
tered under the provisions of this
article.
(c) Up to January 1, 1898, all male
persons of voting age applying for
registration who can read any section
in this Constitution submitted to them
by the registration officer, or under
stand and explain it when read to
them by the.registration officer shall
be entitled- to -register and become
electors. A separate record of all per
sofis registered before January 1, 1898,
sworn to by the registration officer1
shall be filed, one copy with the clerk
of court and another in the office of
the seei'etary of state, on or before
February 1, 189S, and such persons
shall remain during life qualified elec
tors unless disqualified by the other
provisions of this article. The certifi
ote of the clerk of court or secretary
of state shall be sufficient evidence to
establish the right of said citizens to
any subsequent registration and the
franchise under the limitations herein
imposed.
(d) Any person who shall apply for
registration-after January 1st, 1898, if
otherwise qualified,shall be registered;'
priovided, that he can both read and,
write any section of this Constitution
submitted to him by the registration
cflicer, or can show that he owns and
has paid all taxes collectible during
the previous year on property in this
State assessed at $:300 or more.
(e) Managers of elections shall r-e
guire of every elector offering to vo te
at any election, before allowing hi~m
to vote, proof of the payment of all
taxes, including poll tax. asses ed
against him and collectible during the
previous year. The production of a
certificate or of the receipt of the olli
cer authorized to collect such tr es
shall be conclusive proof of the p ry
ment thereof.
(f) The general assembly shall prIo
vide for issuing to each duly register
ed elector a certificate of registration
and shall provide for the renewal of
such certificate when lost, mutilated
or destroyed, if the applicant is still a
qualified elector under the provisions
of this Constitution, or if he has been
registered as provided in sub-section
(c.)
Sec. 5. Any person denied registra
tion shall have the right to appeal to
the court of common pleas or any
judge thereof, and thence to the su
preme court, to 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 frau~hulent registration,
voting and all other crimes againt
the election laws.
Sec. G. The following persons are dis
qualitied from being registered or vot
mg:
First. Persons convicted of burgla
ry, arson. obtaiing goods or money
under false pretenses, perjury, forge
ry, robbery, bribery, adultery, biga
my, wife-beating, housebreaking, re
ceiving stolen goods, breach of trust
with fraudulent intent, fornication,
sodomy, incest, assault with intent to
ravish, miscegenation, larceny or
crimes against the election laws; pro
v-ided, that the pardon of the governor
shall remove such disqualification.
Second. Persons who are idiots, in
sane, paupers supported at the public
expense, and persons contined in any
nnublir-nrison.
sentatives shall take effect until the
general election which shall succeet
such approtionment.
Sec. 6. The senate shall be compose(
of one member from each county, t<
be elected for the term of four years bi
the qualified electors in each county
in the same manner in which mem
bers of the house of renresentatives ar
chosen.
Sec. 7. No person shall be eligibl
to a seat in the senate or house of rep
resentatives who, at the time of hi
election, is not a duly qualified elec
tor under this Constitution in th<
county in which he may be chosen
Senators shall be at least 25 and repre
sentatives at least 21 years of age.
Sec. S. The first election for mem
bers of the house of representative.
under this Constitution shall be hel<
on Tuesday after the first Monday i
November, 1896, and every secon<
year thereafter, in such manner an(
in such places as the general assembli
may prescribe; and the first electiom
for senators shall be held on Tuesda,
after the first Monday in November
1696 and every fouth year thereafte:
except in- counties in which there wa
an election for senator in 1894 for.,
full term, in which counties no elec
tion for senator shall be held until th<
general election to be held in 1898 anc
very fourth year thereafter, excep
to fill vacancies. Senators shall be s.
lassified that one-half of their num
ber, as nearly as practicable. shall b<
hosen every two years. Whenever
the general assembly shall establis
more than one county at any session
it shall so prescribe the first term o:
the senators from such counties as t<
bserve such classification.
Sec. 9. The annual session of th<
eneral assembly heretofore elected,
Rxed by the Constitution of the yea1
1868 to convene on the fourth Tues
lays of November, in the year 1895
is hereby postponed, and the samt
shall be convened and held in the city
of Columbia on the second Tuesday
in January, in the year 1896. The
first session of the general assembly
elected under this Constitution shal
convene in Columbia on the secon<
Tuesday in January, in the year 1897
and thereafter annually at the same
time and place. Should the casualtie
of war or contagious diseases rendei
it unsafe to meet at the seat of govern
ment then the governor may by pro
lamation appoint a more secure an<
onvenient place of meeting. Mem
bers of the general assembly shall no
receive any compensation for 'nor(
than 40 days of any one session
Provided, that this limitation shal
not affect the first four seziions of th
zeneral assembly under this Constitu
tion.
Sec. 10. The terms of the office o
senators and representatives chosen
t a general election shall begin on
the Monday following such election.
Sec. 11. Each house shall judge oJ
the election returns and qualificafion!
of its own members, and a majority
f each house shall constitute a quo
rum to do business; but a smallei
number may adjourn from day to da
and compel the attendance of absen
members, in such manner and unde:
such penalties as may provided by lav
r ruie.
Sec. 12. Each house shall choose it.
wn officers, determine its rules o:
procedure, punish its members for dis
arderly behavior, and, with the con
:urrence of two-thirds, expel a mem
ber, but not a second time for th
same cause.
Sec. 13. Each house may punisi
by imprisonment during its sitting
any person not a member .who shall
be guilty of disrespect to the house by
any disorderly or contemptuous be
lavior in its presence, or who; during
the time of its sitting, shall threater
Earm to the body or estate of any
member for anything said or done ir
either house, or who shall assaull
:hem therefor or who shall assault o2
rrest any witness or other person or
ered to attend the house in his going
hereto or returning therefrom, o:
who shall rescue any person arrested
by order of the house: Provided, tha
mch time of imprisonment shall noi
in any case extend beyond the sessior
)f the general assembly.
Sec. 14. The members of both house
hall be protected in their persons and
states during their attendance on, go
ng to and returning from the genera
ssembly, and 10 days previous to th
itting and 10 days after the adjourn
ent thereof. But these privileges
hall not protect any member whc
hall be charged with treason, felony
>r breach of the peace.
Sec. 15. Bills for raising revenui
hall originate in the house- of repre
entatives, but may be altered, amend
d or rejected by the senate; all othe:
ills may originate in either house,
ind may be amended altered or re
jected by the other.
Sec. 165. The style of all laws shall
ye: "Be it enacted by the general as
embly of the State of South Caroli
1a."
Sec. 17. Every act or resolution hav
ng the force of law shall relate to bul
>ne subject, and that shall be ex
ressed in the title.
Sec. 18. No bill or joint resolutior
hall have the force of law until i1
hall have been read three times and
>n three several days in each house,
cas had the great seal of the State at
xed to it, and has been signed by the
president of the senate and the speake:
>f the house of representatives: Pro
-ied. that either branch of the gener
i1 v.sembly may provide by rule fora
ht and third reading of any bill or
joint resolution by its title only.
Sec. 19. Each member of the gener
i assembly shall receive five cents fo:
very mile for the ordinary route of
ravel in going to and returning from
he nlace where its sessions are held;
ao eneral assembly shall have the
oower to increase the perdiem of it:
>w members; and members of th(
reneral assembly when convened in
extra session shall receive the same
~ompensation as is fixed by law foi
he regular session.
Sec. 20. In all elections by the gen
ral assembly, or either house thereof.
~he rr embers shall vote "viva voce.
rnd their votes, thus given, shall be
entered upon the journal of the house
;o which they respectively belong.
Sec. 21. Neither house, during th<
session of the general assembly, shall
evithout consent of the other, adjourn
or more than three days, nor to an'
ther place than that in which it shal
be at the time sitting.
Sec. 22'. Each house shall keeo
journal of its own proceedings, an
3ause the same to be published imme
lately after its ad journment, except
ing such parts as, in its judgement
may require secrecy; and the yea
and nays of the members of eithe
house, on any question, shall, at th
desire of ten members of the house o
five members of the senate, respective
A DOUBLE LYNCHING.
I A MOST HORRIBLE AND DISGRACE
FUL AFFAIR.
A Man and Woman Stripped Naked and
and Beaten to Death in CoUeton.-The
Coroner's .Juiry Charges Four Men With
the Deed.
COLUoma, December 5.-The details
of an ugly lynching which occarred
in this State last Monday night came
to light to night. It took place in
Colleton County, near the Barnwell
and Hampton lines, and was not
known generally in that vicinity un
til Wednesday morning, when the
dead bodies of two of the victims
stripped of their clothing were found
-one being an old woman. They
had been taken out and beaten to
death with new buggy traces-the
man's offence being that he was sus
pected of having stolen a Bible and
some furniture from a church, and
s the woman's offence being that she
was supposed to know something of it.
Liquor seems to be the only-exe
for the deed, if excuse there can be.
The affair occurred in Broxton
t Township, Colleton County, at Brox
ton Bridge or ford, as it is frequently
called. Several months ago St. Nich
olas Church, in Barnwell County,
was broken open and robbed, a Bible
anp some pulpit furniture being taken
away. A young negro named, Isom
Kearse, who disappeared from the
neighborhood about that time, was
suspected of being the thief. Hehadbe
come somewhat notorious for thefts
and had been suspected of burning a
store some time ago.
In some way four Barnwell men
had gotten information that he was
at his mother's home, near Broxton
Ford. and they went over there on
Monday night last. These men got
two men from the neighborhood to
assist them, one of them being Frank
Hiers. Then they went to Isom's
house. They found him just coming
out of the door. The party took the
negro, put a rope around his neck. and
tied him behind their buggy. Then
they drove to the ferry, two miles
away, very rapidly. The negro kept -
upaslong as he could, and it is said
that finally he fell and several times
was dragged along. On the way two
of the party were sent back to gt the
negro's aged mother, "Old uma
Hannah," and his young wife, a girl
about 17 years of age, whohasa fve
months-old infant. At the ferry the
party held up and awaited the arrival
of che detail. When the women ar
ri, ed none of the three would or could
tell anything about the church prop
erty. Upon their refusal they were
all stripped naked and beaten with a
new buggy trace, which, it is said was
almost worn out. The man was given
about 150 lashes and fell insensible,
his bod:/ being in a terrible condition.
The women were likewise severely
beaten. The man several times plead
ed with his termentors to shoot him.
t The old woman broke away and
dashed into the woods. The young
woman did likewise, going in a differ
ent direction. The men built a fire
near the insensible negro, threw his
old coat over him and left.
On Wednesday morning his body
was found where it was left, cold in
death. It had been there one night
and one day. About one hundred
yards away in the swamp, lying in a
pool of water about knee deep, was
found the old woman's body, cold
and stiff. She had fallen face down
ward, with her hands extended. The
youn f woman managed to find her
way home and is said to be in a criti
cal condition. She told some of the
negroes about it Tuesday afternoon,
but they seemed to be afraid to men
tion it.
Trial Justice A. C. Walker held an
inquest yesterday evening, the bodies
still being where found. The jury,
composed almost entirely of good
white men from the neighborhood,
upon the testimony of Hiers, who, it
develops, tried to prevent the deed,
and who gave all the details, has ren
dered a verdict charging directly four
prominent mena one a physician, with
the crime.
Not at All Serious.
The following letter has been sent
by President E. B. Craighead, of
Clemson College, to the father of each
cadet, and is self explanatory:
Clemson College, S. C., Dec. 5, 1895.
Dear Sir: For several weeks past
sporadic cases of measles have appeared
among cadets. By prompt isolation
the surgeon has hoped to hold the dis
ease in check, but, in spite of every
precaution, the trouble has -become
epidemic, 12 cadets, a number of chil
dren, servants and others being now
.under treatment. As more than half
of the cadets have never had measles
and as all nave been exposed both here
and at Atlanta, the faculty, in view
of the probability that at least half of
the corps will be" sick by the middle of
next week, has decided to close the col
lege December 5, instead of December
19, the time appointed by the board of
trustees.
The advisability of this action will
become apparent for the following
reasons:
1. The work of the year is practi
cally finished.
2. Under the circumstances not
much satisfactory work could be done
during the next two weeks, and prob
ably half of the cadets would be com
pelled to miss examinations on account
of illness.
3. The hospital would not hold all
the sick and many cadets would be
coniined to the barracks, where it
would be difficult to give proper treat
ment and attention.
4. To have sent home cadets who
had not had measles and to have con
tinued with the rest would have work
ed much1 confusion inasmuch as ca
dets who had gone home would have
been put to the disadvantage of stand
ing examinations in the spring before
passing into higher classes.
For these and other reasons, the
faculty, advised by the president of the
board, decided on Monday to hold ex
aminations with all possible dispatch
in order to permit cadets to go home
Thursday. Thus nearly all will stand
the examinations and will be ready
for work at the commencement of.
next term. Very truly,
E. B. Craighead.
Nine Lives For One.
EL P'~s>, D~ec. 5.--Nine Mexicans,
the murderers of a Mormon elder near
the Chihuahua colonies a month ago,
have been captured by the rurales and
broughit to Cuidad Juarez where they
will be shot. The elder was defend
ing his property from thieves when
they murdered and burned him.
Sec. 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 employ
ed in the service of the United States,
nor while engaged in the navigation
of the waters of this State, or of the
Un ited States, or of the high seas, nor
while a student of any institution of
learning.
Sec. 8. The general assembly shall
provide by law for the registration of
all qualified electors and shall pre
scribe the manner of holding elections
and of ascertaining the results of the
same; provided, at the first registra
tion under this Constitution, and un
til the 1st of January, 1898, the regis
tration shall be conducted by a board
of three discreet persons in each coun
ty, to be appointed by the governor,
by and with the advice and consent of
the senate. For the first registration
to be provided for under this Constitu
tion, the registration books shall be
kept open for at least six consecutive
weeks, and thereafter from time to
time at least one week in each month,
up to 30 days next preceeding the first
election to be held under this Consti
tution. The registration books shall
be public records open to the inspec
tion of any citizen at all times.
Sec. 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 .so continue until abolished or
changed. Each elector shall be re
q.uired to vote at his own precinct, but
provision shall be made for his trans
fer to another precinct upon his
change of residence.
Sec. 10. The general assembly shall
provide by law for the regulation of
party primary elections and punishing
fraud at the same.
Sec. 11. The registration books shall
close at least 30 days before an election
during which time transfers and reg
istration shall not be legal; provided,
persons who will become of age dur
ing that period shall be entitled to
registration before the books are
closed.
Sec. 12. Electors in municipal elec
tions shall possess the gpalifications
and be subject to the disqTalifications
herein prescribed. - The production of
a certificate of registration from the
registration officers of the county as
an elector at a precinct included in the
incorporated city or town in which the
voter desires to vote is declared a con
dition prerequisite to his obtaining a
certificate of registration for municipal
elections, and in addition he must
have been a resident within the corpo
rate limits at least four months before
the election and 'have paid all taxes
due and collectible for the preceeding
fiscal year. The general assembly
shall provide for the registration of all
voters before eabh election in munici
palities; provided, that nothing herein
contained shall apply to any munici
pal elections which may be held prior
to the general election of the year
1896.
Sec. 13. In authorizing a special
election in any incorporated city or
tex, n in this State for the purpose of
bonding the same, the general assem
bly shall prescribe as a condition pre
ceaent to the holding of said election
a petition from a majority of the free
holders of said city or town as shown
by its tax books, and at such elections
all electors of suci city or town who
are duly qualifie for voting under
section 12 of this article,and who have
paid all taxes, State, county and mu
nicipal, for the previous year, shall be
allowed to vote, and the vote of a ma
jority of those voting in said elections
shall be necessary to authorize the is
sue of said bonds.
Sec. 14. Electors shall in all cases
except treason,felony or breach of the
neace,be privileged from arrest on the
a1ays of election during their attend
ance at the polls and going and re
turning therefrom.
Sec. 15. No power, civil or military,
shall at any time interfere to prevent
the free exercise of the right of suff
rage in this State.
ARTICLE III.
-LEGISLATIVE DEPARTMENT.
Section 1. The legislative power of
this Sta~te shall be vested in two dis
tinct branches, the one to be styled the
"Senate," and the other the -'House
of Representatives," and both together
the "G-eneral As sembly of the State of
South Carolina."
Sec. 2. The house of representatives
shall be composed of members chosen
by ballot every second year by citizens
of this State, qualified as in this Con
stitution is provided.
Sec. 3. The house of representatives
shall cnmsist of 124 members, to be
apportoned among the several coun
ties according to the number of inhabi
tants contained in each. Each county
shall constitute one election district.
An enumeration of the inhabitants
for this purpose shall be be made in'
the year 1901, and shall be made in
the course of every 10th year thereafter
in such manner as shall be by law di
rected: Provided, that the general
assembly may at any time, in its dis
retion, adept the immediately preced
ing United States census as a true and
correct enumeration of the inhabitants
of the~ several counties, and make the
approtionment of representatives
amore~ the several counties according
to said enumeration: Provided, fur
ther, that until the apportionment
which shall be made upon the next
enumeration shall take effect, the rep
resentation of the several counties as
they now exist (including the county
of Saluda established by ordinance)
shall be as follows: Abbeville, 5:
Aiken, 3; Anderson, 5; Barnwell, 5:
Beaufort, 4; Berkeley, 4; Charleston,
9; Chester, 3; Chesterfield, 2; Claren,
don, 3; Colleton, 4: Darlington, 3;
Edgefield, 3; Fairfield, 3; Florence, 3:
Georgetown, 2; Greenville. 5; Hamp
ton. 2; Horry, 2; Kershaw, 2: Lancas
ter 2; Laurens, 3: Lexington, 2: Mar
ion, 3: Marlboro. :1; Newberry, 3: Oco
nee, 2: Urangeburg, 5: Pickens, 2:
Richland, -4; Saluda, 2: Spartanburg,
6; Sumter, 5: Union, :3: Williams
burg, 3: York, 4; Pr-ovided, further,
that in the event other counties are
hereafter established, then the general
assembly shall reapportion the repre
sentatives between the counties.
Sec. 4. In assigning representatives
to the several counties, the general as
sembly shall allow one representative
to every one hundred and twenty
fourth part of the whole number of in
habitants in the State: Provided, that
if in the apportionment of representa
tives any county shall appear not to
be entitled, from its population, to a
representative, such county shall.
nevertheless, send one representative:;
and if there be still a deficiency in the
number of representatives required by
section third of this article, such defi
ciency shall be supplied by assigning
representatives to those counties hay
ing the largest surplus fractions.
ISec5lo apportionment of repre