Historical Newspapers of South Carolina

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VOL. XI.MANINA S. C., WEDNESDAY, DECEMBER 18, . NO. 21. THE N WV CON STITUTION TEXT OF THE INSTRUMENT ADOPT ED BY THE STATE CONVENTION. The Found .tion of the Right- of the Cit zen and ti. Powers of the tate tGovern ment. ARTICLE IV. EXYCUTIVE DEPARTMENT. Section 1. The supreme executiveat thority of this State snall be rested i a cheif n.'istrate, who shall be style "the govt rnor of the State of Sout Carolina. Sec. 2. '1>e governor shall be electe by the elh'ors duly qualified to vot oilmembers ofthe house of represents tives, and shall hold his office for tw years, and until his successor shall 'o chosen ai;d qualified, and shall be r< eligible. Ie shall be elected at th first gener l election held under thi Constitution for members of the ger eral asseibly, and at each zenera election thereafter. and shall be it stalled da! ing the first session (if th said general 'assembly after his electior on such day as shall be provided b; law. The other State officers elec shall at the same time enter upon th jerformarce of their duties Sec. 3. No person shall be eligible t the office of governor who denies th existence of the Sapreme Being: o who at the time of such election ha not attaine d the age of 30 years; an( who shall not have been a citizen o the United States and a citizen an< resident of this State for five year next preceding the day of election N person while governor shall hold an; office or other commission (except i the militia) under the authority of thi State, or of any other power. at on and the sa:ne time. Sec. 4. The returns of every electioi for governor shall be sealed up by th boards of canvassers in the respectiv< counties and transmitted by mail t< the seat of government, directed t< the secretary of state who shall deliv er them to the speaker of the house c representatives at the next ensuing session of the general assembly; an< duplicates of said returns shall be file< with the clerks of the court of sai< counties. It shall be the duty of an: clerk of court to forward to the secre tary of state a certified copy of said re turns ;pon being notified that the re turns previously forwarded by mai have not been received at his office. I shall be the duty of the secretary o state, after the expiration of sever days from the day upon which thf votes have been canvassed by th( county board if the returns thereo from any county have not been re ceived, to notify the clerk of court o said county, and order a copy of th returns filed in his office to be for warded forthwith. The secretary o state shall deliver to the speaker of th house of representatives, at the nex ensuing session of the general assem bly; and during the first week of thf session, or as soon as the general as sembly shall have organized by th< election of the presiding officers of ta( two houses, the speaker shall open and publish them in the presence o both houses. The person having th< highest number of votes shall be gov ernor; but if two or more shall b equal, and highest in votes, tne gen eral assembly shall during the sam< session, in the house of representatives choose one of them governor, viv voce. Contested elections for gover nor shall be determined by the gener all assembly in such manner as shal be prescribed by la w. Sec. 5. A lieutenant governor shai be chosen at the same time, in th same manmer, continue in office fo the same period and be possessed wit] the same qaalifications as the go'ver nor, and snall, ex officio, be presiden of the senate. Sec. 6. The lieutenant governo while presiding in the senate shal have no vote unless the senate b equally divided. Sec. 7. The senate shall as soon a practicable after the convening of th general assembly, choose a presiden pro tempore to act in the absence o the lieu~tenant governor, or when h shall fill the office of governor. Sec. 8. A member of the senate act ing as governor or lieutenant gover nor shall thereupon vacate his sea and another peeson shall be elected i1 his stead. Sec. 9. In case of the removal of th governor from office by impeachment death, resignation, disqualification disability or removal from the State the-lieutenant governor shall then b governor; and in case of the remova of the last named officer from his of fice by impeachment, death, resigna tion, disqualification, disabilitT or re moral from the State, the presiden pro tempore of the senate shall be go ernor: and tne last named othcer shal Abe forthwith, by proclamation, con vene the seniate in order that a pres> dent pro temnpore may be chosen. 11 case the governor be impeached, th lieutenant governor shall act in hi stead and have his powers until judg in ent in the case shall have been prc nounced. In case of the temporar; disability of the governor the lieuten ant governor shall perform tne dutie of the governor. Sec. 10. The governor shall be comn mander-in-chief of the militia of th State, excep~t when they shall be calle into the- active service of the Unite< States. Sec. 11. lIe shall have power t grant re pi ieves, commutations ans pardons after conviction (except il cases of in -oeachment,) in such man ner, on sueti terms and under such re strictions as he shall think proper and he shall have power to remit fine and forfeitures, unless otherwise d: rected by law. It shall be his duty t report to thle general assembly. at th next regul!ar session thereafter, a pardons granted by him, with the ri port of the board of pardons. Ever petition for pardon or commutatio of sentence may be first referred b him to a board of pardons, to be pr< vided by the general assembly, whic board shall hear all such petitions mz der such rules and regulations as tb general assembly may provide. Tb governor mlay adopt the recommends tions of said board but in case he dot not he shall submit his reasons to th general assembly. Sec. 12. He shall take care that tb laws be faithfully executed in merel Sec. 13. The governor and lieutex ant governor shall, at stated times, r, ceive for their services compensatior wbich shallbe neither increased nc diminished during the period it which thr shall have been elected. Sec. 14.'All ollicers in the executi't departmen;, and all boards of pubi institutions, shall, when required b thegoenor, give him informationi I nriz upon anv sunr- reltm o a the duties of their resi-ctive otlices or 1 the concernls of the re-pective institu- c - tions, including- iteniizt-d ac-ournts of t receipts and disbursrzment. Sec. 15. The governor shal, from 11 time to time, give to thle generl as sembly information of the colndition s of the State, and reconmiend for its t consideration such measures as he shall deem necessary or expedient. h Se. 16. le mav on extraordinary i occasions convene the general assem bly in extra session. Should either a house remain n Athout a quorum for ; I tive days, or in case of disagreement :1 between the two houses during any a Ssessioin with respect to the time of ad- t journment, lie may adjourn them to e :1 such time as he shall think proper, riot f e bevond the time of the annual session then next ensuing. : Sec. 17. He shall commission all of- 1 e ficers of the State. - Sec. IS. The seal of the State now in e use shall be used by the zovernor offi s cially, and shall be called "the great seal of the State of South Carolina. I Ste. 19. All grants and commissions e -ishall be isued in the name and by the authority of the State of South Caro- t i lina, sealed with the great seal, signed by the governor and eountersigned bye t the secretary of state. a Sec. 20. The governior and lieuten- g ant governor, before entering upon b > the duties of their respective oflices, r a shall take and snbscribe the oath of s r office as prescribed in article 3, section a i 26 of the Constitution. I Sec. 21. The governor shall reside o f at the capital of the State, except in , cases of contagion or the emergencies t s of war: but during the sittings of the ) general assembly lie shall reside where tl its sessionsare held. I Sec. 2 . Whenever it shah be brouzht to the notice of the governor i by affidavit that any ollicer wh' has d the custody of public or trust funds, c. is probably guilty of embezzlement or a the appropriation of public or trust t1 funds to private use, then the gover- c, nor shall direct his immediate prosecu- p tion by the proper ollicer and upon p true bill 1ound the governor shall sas- t< pend such oflicer and appoint one in his o stead, until he shall have oeen acquit- n ted by the verdict of a jury, In case n of conviction, the ollice shall be declared vacant and the vacancy ti filed as may be provided by law. Sec. 23. Every bill or joint resft- s1 tion which shall have passed the get- a eral assembly, except on a question of s adjournment shall, before it becomes t a law, be presented to the governor, i and if he approve he shall sign it; if c not, he shall return it with his objec- si tions, to the house in which it origi- U nated, which shall enter the objections c, at large on its journal and proceed to tl reconsider it. If after such reconsid- s1 F eration two-thirds of that house shall tl agree to pass it, it shall be sent, to gether witb the objections, to the other c house, by which it shall be reconsid- s ered, and if approved b- the two-thirds tl t of that house it shall have the same s1 effect as if it had been signed by the d governor: but in all such cases the T vote of both houses shall be taken by , yeas and nays, and the names of the h persons voting for and against the bill u or joint resolution shall be entered on a the journals of both houses respective ly. Bills appropriating money out of t the treasury shall specify the objects j, and purposes for which the same are v, made and appropriate to them respec- a tively their several amounts in dis- tl tinct items and sections. If the gov o ernor shall not approve any one or t< -more of the items or sections contained a in any bill, but shall ap- fi prove the residue thereof, it ti shall become a law as to the residue in like manner as if he had signed it. The governor shall then re turn the bill with his objections to theb items or sections of the same not ap- e proved by him to the house in which the bill originated, which house shall enter tbe objections at large uoon its Sjournal and proceed to reconsider sot I much of said bill as is not approved by the gevernor. The same proceed ings shall be had in both houses in re Sconsidering the same as is provided in s a case of an entire bill returned by the0 t governor with his objections; and if f any item or section of said bill not ap. s proved by the governor shall be t. passed by two-thirds of the two houses f - of the general assembly, it shall be- !) - come a part of said law not withstand- iU ing the objections of the governor. h If a bill or joint resolution shall not a be returned by the governor within U three days after it shall have been t ,presented to him, Sundays excepted, e it shall have the same force and effect r: as if he had signed it. unless the gen- ~ eral assembly, by adjournment, pre- t. I vent its return, in which case it shall t - have such force and eftfect unless re - turned within two days after the next0 - meeting.d tSec. 24. There shall be elected by U - the qualitied voters of the State a secre. t* I tarv of state, a comptroller-general, an c - attorney-general, a treasurer, an ad- o - jutant and inspector-general, and a uperintendent of education, who t shall hold their respective oblices for P s the term of t wo years, and until their t - several successors have been chosen C - and qualified: and whose duties and v compensation shall be prescribed by t - law. The compensation of such ofli- F cers shall be neither increased nor J1 diminished during the period for s - which they shall have been elected. s I ARTICLE V. t. I Jt-DICIAL D'EPRT.U1ENT. Section 1. The judical power of this t State shall be vested in a supreme t I court, in two circuit courts, to wit: I i A court of common pleas having civil 3 - jurisdiction and a court of general ses - sion with criminal jurisdiction only. ;The general assembly may also estab- ~ s lish county courts, municioal courts t - or such courts in any and'all of the 0 :counties of this State inferior to circuit a e courts as may be deemed necessary, but none of such courts shall ever be Sinvested with jurisdiction to try cases. 7 of murder, manslaughter. rape or at-1 tempt to rape, arson, common law g y burglary, bribery or- perjury: Pro- f - vided, Befor e a county court shall bee a established in any county it niust be e -submitted to the qualitied electors and f e a majority of those voting must vote t e for its establishment.e - Sec. 2. The supreme court shall con- c s sist of a chief justice arid three asso-t e ciate justices, any thbree of whom shall constitute a quorum for the transac e tion of business. The chief justicer -. shall preside, and in his absence the L- senor associate justice. They shalli -be elected by a joint viva voce vote ofs ,the general assembly for the term ofc r eight years, and shall continue in of- t r fie until their successors shall be elected and qjualilied, and shall .se so e classified that one of tliem shadl go< c out of ollice every two years. y Sec. 3. The present chief justice and re declared to be'the chief justice and so of the associate justices of said -urt as herein est blished until the rns for which they were elected shall xoire,' and the general assembly at .s next session shall elect the third as >ciate justice and make suitable provi on for accomplishing the classifica on above directed. Sec. 4. The supreme court shall ave power to issue writs or or ders of )junction, mandamus, quo warranto, rohibition. certiorari, habeas corpus nd other original and remedial writs. Lnd said court shall have appellate urisdiction only in cases of chancery nd in such appeals they shall review te 1indings of fact as well as the law, xcept in chancery cases where the acts are settled by a jury and the ver ict not set aside and shall constitute . court for the correction of errors at aw under such regultions as the gen ral assembly may b, Jaw prescribe. Sec. 5. The supreme court shall be eld at least twice in each year at the eat of government and at such other ,lace or places in the State as the gen ral assembly may direct. Sec. ;. No judge shall preside at the rial of any cause in the event of -hich he m'ay be interested, or when ither of the parties shall be connect d with him by affinity or consan uinity within such degrees as may e prescribed by law, or in which he >ay have been counsel or have pre ided in any inferior court. In case 11 or any of the justices of the su reme court shall be thus disqualified, r be otherwise prevented from presid 2g in any cause or causes, bie court or the justices there f shall certify the same to ie governor of the State. and he ball immediately commission, espec lly, the requisite number of men arned in the law for the trial and etermination thereof. The same urse shall be pursued in the circuit nd inferior courts as is prescribed in is section for cases of the supreme urt. The general assembly shall rovide by law for the temporary ap ointmeni of men learned in the law ) hold either special or regular terms f the circuit courts whenever there iay be necessity for such appoint ient. Sec. 7. There shall be appointed by >e justices of the supreme court a re orter and clerk of sid court, who 2all hold their offices for four years ad whose duties and compensation iall be prescribed by law. Sec. S. When a judgment or decree reversed or affirmed by the supreme urt, every point made and ditinctly ated in the cause and fairly arising pon the record of the case shall be ynsidered and decided and the reason iereof shall be concisely and briefly ated in writing and preserved with ie record of the case. Sec. 9. The justices of the supreme urt and judges of the circuit court all each receive compensation for ieir services to be fixed by law, which iall not be increased or diminished uring their continuance in office. hey shall not be allowed any fees or rquisites of office, nor shall they old any other office of trest or profit nder tfiis State, the United States or ay other power. ec. 10. No person shall be eligible to le office of chief justice, associate istice or judge of the circuit court ho is not at the time of his election citizen of the United States and of 1s State and has not attained the age f 26~ years. has not been a licensed at rne'v at law for at least five years rid been a resident of this State for e years next preceeding his elec on. Sec. 11. All vacancies in the Isu reme court or inferior tribunals shall e filled by elections as herein prescrib 1; provided, that if the unexpired ~rm does not exceed one year such acancy may be filled by executive ppointment. All judges, by virtue of eir office, shall be conservators of e peace throughout the State, and hen a vacancy is filled by either ap ointment or election, the incumbent all hold only for the unexpired term f his predecessor. Sec. 12. In all cases decided by the 2preme court the concurrence of iree of the justices shall be necessary >r a reversal of the judgment below, ut if the four justices equally divide a opinion the judgment below .shall e aflirmed, subject to the provisions ereinafter prescribed. Whenever, pon the hearing of any cause or ques on before the supreme court, in the ercise of its origina or apnelate ju isdiction, it shall appear to the justic sthereof or any two of them, that iere is involved a question of ccnsti utional law, or conflict between the k~ustitution and laws of this State and f the United States, or between the uties and obligations of her citizens nder the same, upon the determina .on of which the entire is not agreed; r whenever the justices of said court, r any two of them desire it on any ause or question so before said conrt, 2e chief justice, or on his absence the residing associate justice, shall call to :e assistance of the supreme court all f the judges of the circuit court; pro. ided, however that when the matter be submitted is involved in an ap eal from the circuit court, the circuit adge who tried the cause shall not it. A majority of the justices of the upreme court and circuit juliges shall onstitute a quorum. The decision of le court so constituted, or a majority f the justices and judges sitting~shall e final and conclusive. In such case he chief justice. or in his absence the residing associate justice, shall prne ide. Whenever the justices of the upreme court and the circuit judges eet together for the purposes afore aid, if the number thereof qualified sit constitute an even number, then ne of the circuit judges must retire: nd the circuit judges present shall etermine by lot which of their num er shall retire. Sec. 13. The State shall be divided ato as many judicial circuits as the eneral assembly may prescribe and or each circuit a judge shall be elect d by joint viva voce vote of the gen -al assembly. who shall hold his of ice for a termn of four years; and at e time of his election lie shall be an lector of a county of, and during his ontinuance in office he shall reside in, he circuit of which he is judge. The resent judges of the circuit courts hall continue i-1i office until the expi ation cf the terms for which they were elected, and, should a new divis on of the judicial circuits be made, hal be the judges of the respective ircuits in which they shall reside af er said division. Sec. 14. Judges of the circuit courts hall interchange circntits with each >ther and the general assembly shal] >rovide thereof. Sec. 15. The courts of common pleas ject to appeal to the supreme court, to issue writs or orders of injunction. mandamus, habeas corpus,. and such other writs as may be necessary to car ry their powers into full effect. They shall have jurisdiction in all civil cas es. They shall have appelate juris diction in-all cases within the juris diction of inferior courts. except from such inferior courts from which the general assembly shall provide an ap peal directly to the supreme court. Sec. 16. The court of common pleas shall sit in each county in this State at least twice in every year at such stated times and places as may be ap pointed by law. Sec. 17. It shall be the duty of the justice of the supreme court to file their decisions within 60 days from the last day of the court at which the cases were heard; and the duty of th. judges of the circuit courts to file their decisions within 60 days from the rising of the last court of the cir cuit then being held Sec. 18. The court of general ses sions shall have jurisdiction in all criminal cases except those cases in which exclusive jurisdictiou shall be given to inferior courts, and in these it shall have appellate jurisdiction. It shall also have concurrent jurisdic tion with, as well as appellate juris diction from, the inferior courts in all cases of riot, assault and battery, and larcenv. It shall sit in each county in the State at least twice in each year at such stated times and places as the general assembly may direct. Sec. 19 The court of probate shall remain as now established in the county of Charleston. In all other counties of the State the jurisdiction in all matters testamentary and of ad ministration, in business appeartain ing to minors and the allotment of dower, in cases of idiocy and lunacy, and persons non compos mentis. shall be vested as the general assembly may provide,and until such provision such jurisdiction shall remain in the court of probate as now established. Sec. 20. A sufficient number of magistrates shall be appointed and commissioned by the governor,by and with the advice and consent of the Senate, for each county, who shall hold their offices for the term of two years and until their successors are appointed and qualified. Each magis trate shall have the power,under such regulations as may now or hereafter be provided by law, to appoint one or more constables to exccute writs and processes issued by him. The present trial justices are declared magistrates as herein created, and shall exercise the powers and duties of said office of magistrate until their successors shall be appointed and qualified. Each magistrate shall receive a salary, to be fixed by the general assembly, in lieu of all fees in criminal cases. Sec. 21. Magistrates shall have ju risdiction in such civil cases as the general assembly may prescrib2; pro vided, such jurisdiction shall not ex tend to cases where the value of prop ty in controversy, or the amount caimed, exceeds $100, or to cases where the title to real estate is in question, or to cases in chancery. They shall have exclusive jurisdiction in such criminal cases as the gcneral assembly may prescribe; provided, further, such jurisdiction shall not extend to cases where the punishment exceeds a fine of $100 or imprisonment for 30 days. In criminal matters be yond their jurisdiction to try, they shall sit as examining courts and com mit, discharge or (except in capital cases) recognize persons charged mith such offences, subject to such regula tions as the general assembly may provide. They shall also have the power to bind over to keep the peace and for good behavior for a time not to exceed 12 months. Sec. 22. All persons charged with an offence shall have the right to de mand and obtain a trial by jury. The jury in cases civil or criminal in all municipal courts and courts inferior to circuit courts, shall consist of six. The grand jury of each county shall consist of 18 members, 12 of whom must agree in a matter before it can be submitted to the court. The petit jury of the circuit copurts shall donsist of 12 men, all of whom must agree to a verdict in order to ender the same. Each juror must be a qualified elec tor under the provisions of this Con stitution, between the ages of 21 and 65 years, and of good moral charac ter. Sec. 23. Every civil action cogniza ble by magistrates shall be brought before a magistrate in the county where the defendant resides,and every criminal action in the county where the offence was committed. In all cases tried by them, the right of ap peal shall be secured under such rules and regulations as may be provided by law; provided, that in counties where magistrates have separate and exclusive territorial jurisdiction, crim inal causes shall be tried in the magis trate's district where the offence was committed, subject to such provision for change of venue from one magis trate's district to another in the same county as may be provided by the eneral assembly. *Sec. 24. All officers othier than those named in section 9 nrovided for in this article shall receive for their serv-ices such compensation as the general as sembly may from time to time by la w direct. Sec. 25. Each of the justices of the supreme court and judges of the cir cuit court shall have the same power at chambers to issue writs of habeas corpus, mandamus, qjuo warranto, certorari, prohibition and interloctu tory writs or orders of injunction as when in open court. The judges of the circuit courts shall have such powers at chambers as the general as sebly may provide. Sec. 26. Judges shall not charge juries in respect to matters of fact, but shall declare the law. Sec. 27. There shall he elected in each county. by the electors thereof. one clerk for the court of common pleas, who shall hold his office for the term of four years. and until his suc cessor shall begelected and qualitied. He shall, by virtue of hiis ottice. be clerk of all other courts of record held therein, but the general assembly may provide by law for the election of a clerk, with a like term of ollice, for each or any other of the courts of record, and may authorize the judge of the probate court to perform the duties of clerk for his court under such regulations as the general assem bly may direct. Clerks of courts shall be removable for such cause and im such manner as shall be prescribed by law. Sec. 2S. There shall be an attorney general for the State, who shall per form such duties as may be prescribec [CONTNUED ON PAG3E FOUR. WHAT THEY REALLY SAID. God, racy FULL TEXT OF THE SPEECHES OF foun of 3 EVANS AND TILLMAN. hear1 unde Rtead Their U~tt s ~ In Atlanta and Form Your Owsi Judgment as to the we o Truth and Propriety of What They Said must on Carolina Day. meet divic The following is the full text of the of ti speech of Governor John Gary Evans, Shyl delivered at the Cotton States and In- take: ternational Exposition. Atlanta, Ga., near on November 30th, 1895: erne: Mr. President, Your Excellency, wors Ladies and Gentlemen of Georgia and that my own Fellow Citizens: To say that unde we thank you for this hearty welcome, meni seems cold and indifferent from a syph mother to her daughter, for it has hear! been truly said that Georgia is really your a daughter of South Carolina. and she perit is a daughter indeed. (Groan.) You be o1 may groan, but yet she is not ashamed The: of her daughter. (Applause.) South ernn Carolina is proud of her daughter, uate( (applause) and she stands here today by t to bear evidence for what we did in petu the past; that when we nurtured this be Pe infant: when we protected her from but i the Indian and Spaniard, it was not in who vain we stand here today and say, in- thes, deed you do us proud. (Applause and and cheers.) And now his Excellen- Grad cy, the Governor, has seen fit to say love that the Governor of South Carolina way has no appreciation for her lovely habi daughters. Why, sir, you don't know men me. (Applause.) We have brought are t here upon the soil of Georgia 265 of try the fairest maidens that God Almigh- been ty ever created. (Applause.) They the are stamped with more purity than he the has stamped the lily; they are stamp- desir ed with beauty than he has painted last 1 the rosebud, and, sir, when I stand in only the presence of these holy creatures; do I when I stand here and contemplate cultt my own miserable self, I can only ex- lead. claim,"How unworthy a creature you is tr are of one of these lovely women." Stat (Applause.) Thiat is my appreciation. of al Not lack of appreciation; though pos- you sibly some may say, too great an ap- frien preciation: but it cannot be. of a4 South Carolina is proud of her wo- there men: she is proud of what they have west done in the past; she is proud of what let r they represent in the present; and she me ti feels safe in what they will accomplish to C< and speak for her in the future. and This day has been set apart as a day raise of Thanksgiving by the President of latio the United States and by the Gover. of tb nors of the separate States in the Un-. in tb ion. We have much, fellow citizens, gove to be thankful for,but South Carolina good and Georgia stamped by their individ- it dic uality can exclaim without any de- Let . gree of hypocrisy of spirit of the Phar- noth isee, "We thank thee, oh, God, we say are not as other people are." help There is a characteristic individual- who ity of the South Carolinian, that char- ther acteristic is not so great between the this South Carolinian and the Georgian You because we are people, and although you divided by the Savannah,in the words Carc of your own immortal Grad-. "That and is more uf a bond than a boundary." awa: kApplause.! prin We cannot forget,as your Governor ciple has said, you .cannot forget, South Pres Carolina cannot forget that when she can. was oppressed; when the heel of the tract tyrant bore heavily upon her, it was the f the strong arm of the Georgians that starN came to her rescue in '-76. e thank No c you for it. We thank you for what the s you have done in the past and we fit tc thank you for giving us this opportu. fulls nity of coming here and showing to toda; the world the superiority of South twel Carolina (A pplause and cheers.) men Why, the other day I saw an inter- whei view from a Yankee General, in this which he stated that the South was cont progressing: that the South was im- we 1 proving, except poor South Carolina, W and she was still feeling the effects of has< secession. Yes, she feels it; she feels the a the effects of the tribute she pays to to th the national government for being her< whipped: but when she pays it, she inde< pays it with a protest, and when it is has: statea that she feels the effects of se- exist cession it is true; but today, fellow burii citizens, we stand and proclaim as our thei own Pinckney did, that we still have Sout "Millions for defense but not a cent Sout for tribute." South Carolina pays tri- relir bute to no man and no State except then that imposed upon her by force of law and and of a strong hand; but we pay it, dati( and as we pay it we do not murmur. be s But the time has come for the South cour Carolinian and every Southerner to Capi think for himself and to speak for It himself and in the halls of Congress welc let it be known that these Southern the States are in this Union, a part of this Sout Union and by the grace of God we we a propose to control this Union. (A one voice, "That's right.") Why should and it not be right? (Applause.) Was it hanc not right in the past? Was it not thos ri ;ht under the training .of your~fath- pent ers? The training of statesmanship .plau that you received, the principles they inculcated in you, are they not just Tg as dear as they were before 1865? And, ator fellow citizens, this Southland will Exci bloom in spite of the remarks of gen- c-en erals, in spite of the remarks of judges that hostile to us. It seems now that every I do presidential candidate of the Republi- long can party feelsit incumbent upon him to hit South Carolina a lick. But, fel- A low citizens, the result is that South Carolina never has to go out of the Peol contiict for repairs. (Great applause.) am Now, fortunately, our works are o here to speak for themselves; we are sanc not a people to herald our virtues be- fore fore the world: we are not a people to cept proclaim what we are doing. We are occa not a people possessed of two much no 5 brass. We have always had brains: .iOW we have always had integrity; we oeer have always had statesmen. (Great Con applause ~and cheers.) That speaks ** more and sounds louder than the si beating of cymibals of past triumphs. east That is where she stands today. Shean apologizes for nothing she has done in dn the past: she apologizes for nothing oi b she does in the present. She is toda the leader of the South in industrial him enterplrises. She spends more money vest in proportion to her wealth than any State in the LUnion for the education had of her children, and we do it without a word. It is not necessary to blow do]1 trumipets. We stand, fellow citizens, Car in this position, our industrial pro-fo gress lies in tile manufacture of cot-fo ton: in that she comes lirst; we cannot beel expect to be anything more. That and comies to us naturally. But we standan realizing that grand principle of gov-stl enetthat South Carolina has a-and ways recognized, that true Denmocracy and dwells ouly in the hearts of the agri-tw culturist. Sir, what concerns us to- twme day is, that what was once a solid knc South is now dismembered, and wekn have a solid North confronting us.yO - Where is Democracy on this Thanks-| on iing ay Wecn only say. Thank it is no worse. It is bad enough, re, fellow citizens, cherish Democ ;and today the only Democracy I in this glorious land is Souti [ason and Dixon's line in the s of 'e agriculturist. who lives r his own vine and fig tree, and alone can nurtue patriotism. is what concerns us; that is what the South have to meet and we meet it like patriots. We will it like patriots. We are told to e .while the industrial enterprises e North. consolidate; while the >cks consolidate and continue to their pound of flesh, if possible, r the heart; while some South s are tempted to bow down and ip the golden idols. We are told "you are fanatics; you do not :stand the principles of govern ." and unless you allow this ) to be introduced into your and allow them to suck from you life blood, they say, "That pros y and true government can never tained." Sir, it can be obtained. >rinciples .upon which this gov ent was founded can be perpet , but it will never be perpetuated e Shylock, it will never be per ted by the banker, it will never rpetuate- by the manufacturer, twill be perpetuated by the men own the soil and the men who till )il; who live under their own vine Rg tree, who love the trees as y said, who love the forest; who the hills that stand in their path and glories in the home he in s. (Applause.) These are the who give birth to patriotism, these 1e men who can save this coun gainst corporate wealth that has amassed and is being amassed in orth; there is no hope for you in ortheast. It is solid. Their only e is to fleece you. and to get the >enny from you they can. The hope for y-u is in the West. Wh y say so? The South is an agri ral country. South Carolina in the manufacture of cotton, it ie; but she is an agricultural she realizes that the foundation wealth is agriculture. Where do find them? She must get her ds from those who are the fiiends triculture. Where do you find ? Only in the West and South and there is your alliance, and e give warning here today; let 11 the young Southerner who goes. ngress that he should go there let his voice be heard; let him his protest against this accumu of wealth; against the destroyers is republic, and as.his father did e past, for the principles of good rnment. Let the principles of government fall from his lips as from the lips of his forefathers. .t never be said that we can do ing. We can do anything. Don't ve can do nothing; God never d such people. God helps him helps himself. And unless you go and make this fight and make >rotest you can never hope to win. will be criticised if you do, as see now the criticisms of South lina and Ben Tillman. (Applause :heers.) Throw it aside, cast it r because it is simply tht true iples of Democracy; the true prin s which alone can perpetuate and rve any republic. No republic ive with ceitralization and con ion of wealth in the hands of ew. No country. can live which es the great mass of its people. ountry can live and prosper on mount of money which is seen be doled out to it in a few hand by capitalists. Why, twelve men y can bankrupt this nation; re men can paralyze this govern i; twelve men can today stop the ls of progress and commerce in reat republic. Shall these things nue? What an object lesson have iere? hat does this exposition teach? It pened the eyes of the world to realth of the South. It has shown e North that the South can make wn future. -It has shown to them, d, that she is independent. It shown to them the resources that' here; that live here and are ed here, only to .be dug out by aithful worker who loves his own land. (Applause.) When the I takes again the lead which she quished only by force of arms, and not till then will prosperity progress be assured and her foun ins strengthened and this country afe, and the flag of our united try be raised on our National to. (Applause and cheers.) tank you, sir, again for this hearty ome to Georgia; I thank you for rood words said of us and of 1 Carolina, and as I said before, re but one peonle; we have but home; we have but one destiny, that destiny must be worked out in hand and heart in heart by who love their country, its pros y and its progress. (Great ap se and cheers.) TILL3IAN'S SPEECH. .e full text of the address of Sena Ben Tillman is as follows: Your lency, Mr. President, Ladies and lemen-The good book tells us there is a time for all things, but not think that this is a time for speaking. (Applause.) voice: "Hurrah for Tillman:" ~ilman: "They say that hungry le have no ears, (laughter) and I ure that I can see a good many yu here who would like to have a wich about now. I shall, there not trespass on your patience ex for a brief period. This is not an sion for lengthy speaking. I have t speech prepared. I don't know to make set speeches. I have in constant attendance upon our stitutional Conventiona for ten s and I didn't know until about lays ago that there was the slight hance for me to come to Atlanta see what she and the South have .Our Constitutional Convention urned on Tuesday afternoon after t days' constant work for thirteen es a 'day in order to get through in to come here. I got to Atlanta erday evening at 6 o'clock and g worn out, I went to bed, and I no time to have fixed a set speech had wanted to, and besides what come to Georgia to talk to South linans for, (aoplause) any way? it seems to me that every man I t is a South Carolinian and has saying all day, 'Howdy do, Ben? 'Howdy, Governor,' 'Howdy, ator,' all ~up and down the streets, I thought I was at our St&te Fair, I see so many familiar faces here realize so clearly that probably -thirds of this audience have heard speak time and time again, that I w it would be intruding upon r time and patience for me to speak that to our young Governor. le is young and green, (laughter and cheers) and besides he has such an T acute realization of interpretation of our State motto: 'Animis Opibusque Parati.' The only thing that I know that he hasn't any sense on, whatever is women. With as young and hand some a face as he has got and a rea sonable amount of brain and a pretty fair character, for him to get up here and tell these ladies that he, in .con- S templating their beauty,. has such a b< realization of his own unworthiness 11 that he cannot afford to put himself S on one. (laughter) is very good, how w ever, when he knows that every wo- nr man here who isn't married -wants a f, husband. Why, that sentiment you si know won't do. It's 'agin' natur' for S a woman to do anything else, and they say and I say for him that if, by f( reaspn of his unworthiness, he has p been unable thus far to induce any of u our fair daughters to take him and ' try to cultivate those little locks of I his that are. growing so thin, that he t ought to do like I-did. I came into e your State when I was a boy before 0 I was twenty-one years of age, and in- s duced one of your best women, who t] has been my blessing and pride ever s since, to join hands. If he can't in- b duce any of our own daughters to 0 take him, then I am sure thiat if he v will come to Atlanta some time in the ti future that some of these Georgia P ladies will-well, I think he might M persuade them. (Applause.) -I am a t sort of half Georgian, anyhow. for as o I got my wife before I got away from g my mother I got under petticoat gov- m ernment before I was a man, and have S kept under it ever since and I thank t God for it. In fact if I have made ti anything of a name for myself and 1 have come to be anything, and con- M sidering the amount of cussing I get f I think I must be a pretty good sort t' of a fellow. I a4ribute it to the fact f< that the women- have had charge of fi me all my life. f "I come to extend to you fraternal " greeting, brotherly greeting. While k my friend claims that Georgia is the u daughter of South Carolina, I rather f look upon her as a big sister, a great P big. handsome one, I mean. Doubling t us in area, nearly doubling us in d population, and more than doubling s us in taxable values. f "But go into any county in Georgia ou may; gd into any county in any State West of the Savannah River to the Rio Grande, and you will find South Carolinians, or the sons and t daughters of South Carolinians; and I never have seen one of them who was not proud to acknowledge the*relation- F ship and to send back .the greeting that we love our mother, and are proud e of her. (Applause.) c "Mr. President: I have had no op portunity as yet to look at your E ax position. I have only been able to get a glimpse arounds the grounds in-driv ing through them in a carriage and in coming in on the train yesteiday afternoon, and to read the account of the papers and hear from -my friends who have oeen here- and looked at this grand collection of the resources and manufactures of-the Southern -peo pie you have here as to what has been accomplished. The most natural thing for a person who visited the Chicago World's Fair is to make a comparison between the two, and I say to you, sir, that from what I have been able to see . gathered together sbowing what you have done that you have come up to that magnificent and most glorious Exposition that the1 world has ever seen, as a good second and I say here again that no city ex cept the Chicago of the South could have done it. (Applause.) To whom I is credit due? Your Governor says the Southern men did it. Southern genius an d Southern capital. I don't think this, is altogether-well, I won't say that he has not given due credit to some outside help from those men who have con:e from the .North and cast their fortunes with you, and are to day as gcod Southerners as I am; and I .want to call your attention to one thought, and then I shall stop. -It is this: We hear and we .read a great deal nowadays about bringing North ern capital and inducing . Northern brains to come among us and'develop our waste places.- The newspapers harp on :his in the South, and North ern papers twit us with our 'incompet ence and lack of progress and lazi ness; and too many Southern papers have become the echoes of this un worthy thought. But pause and an alze the conditions which have ex isted here since the war and consider for a moment, to enlarge .ijpon ,the thought which my frien'd, tha Gover nor of South Carolinia, has just touched upon, the pension tribute which we pay, and you will see that we have not received back from that source or any other source more than a tithe o:' the money that the Southern people have dug from the earth and sent northward to remain there. "Now I will give you a few figures and this is the only thing I took the trouble to look up to tell you about. The entire amount paid by the United States Government since 1861l for pen sions has been eighteen hundred and sixty millions. Of that sum the amount paid to the veterans or widows of veterans of the war of 1812 and the war of Mexico and the Indian wars was 859,000,000, so that the Union soldiers have received $l,800,000U,000 from the United States Government. The number of pensions in the South all told-I mean the eleven Confeder ate States, or the Cotton States--is 1 5,000. The number in the United States, as a whole, is %)0,00l0, so you - see that less than one-sixteenth of 1 this money comes back here. How much do we pay? Statistics will prove that these eleven Cotton States count them in any shapeyou will, and measure them by any yard stick you want, pay not less than one-fourth and nearly one-third of it.' If you deduct a reasonable amount of the sum paid back to the southern pensioners and the most of that is paid in the Sta te of Arkansas, Tesxas, Virginia and Tennesee, I say to you that tihe total sum that has come to the South sime the war from pensions, from any soure following the Union soldiers. has not exceeded $15n,000?.'. That will leave 81.650.000,0004 that has been paid to the Northern soldiers, and you have paid one-fourth of that, which amounts to more than 940.000,Q00 of tribute to our congner-ors. Am I get ting up a new rebelion in talking about this? Not at all. I know full well that the Southern people as a eople will never govern this Union any more. We can only hope to be the balance of power between the giant West and the greedy North that. are now marshalling their forces for the control of this country on the tariff and financial issues, and we CNTINUE ON PAGE FOCRj F TER FERTILIZERS. HE OFFICIAL REPORT FROM THE BOARD OF CONTROL. ener Samples Found Deficient This Year Than in Any Year Since the Establish ment of the Station. Below is given the annual report of !cretary J. P. Smith of the State )ard of fertilizer control, contained the eighth annual report of the auth Carolina experimental station, 'hich shows very fully the improve tents made in the grades of fertilizers irnished during the past year, and iows the income derived by the tate from the fertilizer tax. Owing to the great depression in the .rtilizer trade the past year the ship ing season did not open as early as sual, consequently our inspectors -ere not started to work till about eb. 1, and therefore had only about -vo months in which to work, How ver, they made a thorough canvass f the State and visited most of the ipping points several times during ie season. Three hundred and forty umples of fertilizers, representing 206 rands of goods, were collected. All f these, excpet the duplicate samples, rere analyzed and reported in bulle n No. 20 of the South Carolina ex erimental station, 10,000 copies of rhich were distributed throughout 1e State. Comparatively few cases f irregularities were discovered. The reatest difficulty we have to contend -ith in carrying out the law of the tate is the collection of the privilege ix on cotton seed meal. This con nues to give us trouble. Under the tw, as construed by this department, -e tax the meal when it is sold as a rfilizer, and we regard it all as a fer lizer unless it is branded as stock >od, but in many cases itis bought by irmers and dealers in carload lots, -equently from mills in other States, 7ithout stating, and perhaps not nowing for what purpose it is to be sed, and is shipped and distributed ree of the tax, when doubtless a large ortion of it is used as a fertilizer. A be law now stands, persons who are isposed to disregard it can easily do o and have a loophole of escape rom its penalties. In view of the ifficulty of enforcingthepresent law, ,nd since cotton seed meal has come ato such general use as a commercial ertilizer, I would recommend that he legislature be asked to place it on he same footing as other commercial ertilizers and -make it liable to the rivilege tax in all cases. The State f Ge6rgia has had such a law in op ration for several years, and I feel onfident that it would be to the inter st of the farmers to have the law so mended and that the manufacturers hemslves would not object to it. I hink itbut just to state in this con ection that I believe most mill in he State try to comply with the law s it is, and some of them even pay he tax on all meal they sell now rath :r than run the risk -of violating the state laws. It is gratifying to report that fewer - amples have. been found below the nanufacturers' guarantees than in mny year sinice the organization )f this lepartment. Under the act o. ...894, rhich allows a limit of 3 per cent. elow commercial values, only two >rands of goods were found deficient. FARMERS' SAMPLES. A greater number of farmers' sam >las have been received this year than at, and all of those collected accord ng to the prescribed rules of the de >artment have been analzyed and re >orted to the persons sending them. Instructions for collecting and for varding these samples are always fur uished on application to the fertille lepartment and it is important that armners comply strictly with -these ules, -as they have been adopted solo y for their benefit. The following, table shows the work f the department this season. also for omparison- the corresponding figures f 1894 are given: Privilege tax collected, 1895, $30. 77.93; 1894, $43,499.06. Amount of ertilizers sold in the State, (tons) 1895, .20,311; .1894, 173,996. Number of amples collected by inspectors, 1895,. 140; 1894, 500. Number of samples nalyzed, 1895, 206; 1894, 234. Num >er of samples below guarantee, 1895, 3; 1894, 44. Per cent, of samples be ow guarantee, 1895, 11; 1894, 18. Under the present law, which re [uires that the commercial value based ~pon the actual analysis shall not fall per cent, below the commercial -alue based upon guarantees, only wo brands were found deficient. The following statement shows the otal expense of the department for he past-year. alaries of cheinists and secre tary...a..-.---.-.......$2,124.97 hemical supplies and -fuel.. 462.66 ~ostage, stationary,.etc......63.72 reight and expenses....... 52.51 'rinting tax tags.--...-.....900.00 ervices of veterinary surgeon 34.70 alaries and railroad fare of inspectors.............. 740.84 Total--................$4,379.40 Confederate veterans Parade1 NEW YORK, Dec. 11.-A meeting oi he special committee of the executive ommittee, having in charge the pro osed Confederate veterans parade Ld review in New York on July 4tb text, met this afternoon in the rooms >f the New York board 'of trade -and ransportation. William P. St. John, resident of the Mercantile National >ank, presided. At the conclusion of he following statement was given out: 'This special committee on organiza ion, plan and scope, have inet, re :eived accumnlated evidence of the mthusiastic public reception awaiting his reun ion and parade and have re juested the chairman of the commit ee, Charles A. Dana, to advise the ommander-in-'chief of the Grand \rmy of the Republic of the United Sates of the planls and purposes of the ommnittee and that the same are held ni abeyance awaiting his reply; also hat a similar letter be addressed sub equently to the United Confederate ~eerans." The committee announced hat thme arrangements for the parade mnd review were progressing most satisfactorily a-'d that promises of sup >ort were receP ed from all over the :ountry._________ Wiould Swing in the south. DETRoiT, Dec. 11.-Justice of the Peace J. Blair Simpson was to-day held to the recorder's court on a rharge of assaulting a girl under the legal age of consent. Later in the day the grand jury returned an indict ment against Simpson for an attempt ed assault upon another girl, making the third charge of a similar character upon which the justice will have to tnd1 trial