The Camden chronicle. (Camden, S.C.) 1888-1981, November 15, 1895, Image 1
A COMPLETE -
REVIEW
t,OF TIIK WORK ACCOMPLISH l?:i!
- - W
Ho far by the Constitutional Conven
tion. Tho Article on SuttVuge* Tho
Convention Only llult" Through
Its Work.
The constitutional oonvontion, after
two mouths nuli< I work, not including
the iiiuo allowed for reotlssoH in now
wxsQtly half through with its work, ho
far uh 'artioles adopted arc concerned,
out of the 1(> articles proposed hav
ing l>eon completed and sent beyond
tho control of tho convention. In
reality, however, tho work in consider
ably further advanced, provided no
big fights are made when several of
tho articles that havo almost gotten
through oomo up for a final reading.
Judging from tlio .tight that has been
made on tTuTftu/id reading of tho arti
cle on jurisprudence, it looks ar if the
final roadiugo of all the reu fining
artioles aro to cnuse considerable time
to 'bo consumed. There are four ol
the remaining artioles which have not
jjeen oven taken up for a second rend
^Kig yofc. Tho others have had certain
ilfectionFi considered, but that was all.
Tho groat fight of thowook just passod
was on the suffrage seliomo. Tluvniost
significant foaturo of tho tedious ^'el
intensely intoreHting fight over itiww
tho oftort of Senator Tillman on th '
final reading to have tho provision fo
bipartisan election managers put in.
V The debate that ensued mado some o
tho most interesting pages of Soutl
Carolina history and will doubtless b<
, often heard of in tho future. With
tho exception of this bi-partisan board
feature, tho article on suffrage wiu
adopted as it was reported by the com
mittee, nud practically as outlined bj
Senator Tillman at the Hunter's Ferry
mooting last summer.
Tho Conservative lawyers on tho com
Tnittoo argrted ably'ou thecoustitutiou
ality of the article and didn't scorn to
have much ^rouble to convince for
ones such "laymen" us Mr. Me White
that everything was as sound as a free
silver dollar. -r ?
The convention lias much work
ahead of it yet u,ud if flic idea of ex
haustively debating everything contin
uos to prevail tbcrorwill be a session j
continuing for devoral moro weeks yet
Nf> one can tell how long yet the con- .
volition will continue its sessions. The !
end is not yet in sight. There is not
^ven a slight glow on the horizon ol
tho end. I
Duringvthc past week Senator I ill 1
? man mado What is considered by cv*v 1
one to be tho most remarkable speech
ho ovqr mado in his life. And thel
itis elder brother, after his severe ar
rtfignment of tho dispensary system,'
mado some prophecies as to the future.
this "w'ohtc poj'k .
All aro interested of course to know
what the convention has dono in tin
matter of constructing tho new con
stitution. Tt can bo compactly stated.
Only eight of the, sixteen articlc*
proposed havo been Entirely completed
? as ' yot and referred to the com
?mittco on stylo and revision. They
are the articles :
1. On excoutivo department.
2. On impeachments.
3. On municipal corporations and
police regulations, . .
i. On amendment and revision o
the constitution.
5. On miscellaneous matters.
0. On penal an? charitablo institu
-1 tions.
?v> 7, On suffrage.
8. On militia. *
* All tho sections of tho article on
legislative department havo been pass
ed to their third reading save that re
lating to tho homestead, discussed i
whole day and then laid over', and tin
Section Voting t/ inter- marriages. Ho
this article is alnAost complete.
All the sections of tho article on
finance and taxation havo likewise
4 been passed to n third reading, savt
five. . ,
Sections- 2 and 8 wcro continued,
and tho further consideration of Sec
tions 0, 8 and 17 woro postponed until
later. Section 10 was stricken oul
Tlfe Wm? the arti
cle of tho declaration of rights, four
of its sections boing unactcd upon n>
vet. Sections 12 and 13 are to be
taken up along with the report of the
suffrago committee. Section 20 is to
be taken up along with the article on
judicial department. Section 22 was
merely passed over to bo takou up lat
or. ' So all the sections of this article
havo been disposed of save four. .
The articlojin, counties and county
Rovernmcnthas been passed to a thir>l
- reading. Some amendments will be
offered m the thinVr^ding and there
may tftr ? considerable fight. .
Of the articlo on jurisprudence, all
the sections have passed their third
reading savo one? the last? that relat
"ing to lynching", which is now under
discussion.
XljpSR 1TNTOITCHBD AS YET.
Tho following articles have not oven
been taken up on their second reading
1. On education.
On judical department.
3. On bminent domain.
4 . On corporations .
The first twfc*- and tho lapt of these
^ are loaded with dynamite am! will be
* productive of notable debates.
THE NEORO BLOOD MATTER.
Tho comqoittee to whom waa recom
mitted aection 83 of the article on leg
islative department, has reported it
back, recommending that it be panted
as originally, reported. There will be
a big fight over it.
m ho*mtkai>.
. The bouMWad aeetion of this arti-j
el?, thi only other one not yd aejit to
; itft third reading, stands uh amended,
| us follows:
Section 29. Tho general assembly
j shall on net such laws as will exempt
from attaohmout aud sale ninler any
mesne or final process issued from any
court to the head of any family retail*
ing in this State, a hoinestoadof lands,
whether held in fee or any lesser es
tates not to exceed in valuo $1,000.
with the yearly products thereof, and
every head of a family residing in thift
State, whether having a homestead ex
emption in lands or not, personal
property not to exceed in value the
Hum of 8300. The title to tho honie
Htcad to be set oft' and .assigned shall
he absolute and be forever discharged
from all debts of said debtor then ex
isting or thereafter contracted except
as hereinafter provided. Provided,
that in case any woman having a sepa
rate estate shall l>o married to the
head of a family who lias not of his
own sulllciont property to constitute u
homestead as hereinbefore provided,
said married woman bliall be entitled
to a like exemption an provided for a
head of a family. Provided further,
that there shall not be an allowance of
more than 81,000 worth of roal estate
and more than $500 worth of personal
property to the husband and wife
jointly. Provided, that no property
shall lie oxempt from attachment, levy
or mile for taxes, or for payment ot"
obligations cont racted for the purchase
of said homestead or the erection of
improvement thereon. Provided fur
ther, that the yearly proceeds of said
homestead shall not bo exempt from
rUtachmeut. levy or sale for the pay
ment of obligations contracted in the
production of tho same. Provided
further, that no woman shall dofeat
tho right of homestead, except it bo by
deed or mortgage, and only as against
the mortgage debt, and no judgment
eroditor or other creditor whoso lien
does not bind the homestead shall have
any right or equity to require a mort
gage which embraces the homestead
and other property to llrf>t exhaust
tho homestead.
THH Sri-KHAOK AltTK'1,1',.
Reviewing the results of the past
week, one notes that the suffrage ar
ticle and Mr. Kennedy's special rail
road bond ordinance were tho only
matters that became finalities during
the week.
Tho suffrage article has beon finally
adopted as follows:
Section 1. All elections by the peo
ple shall bo by ballot jmd elections
shall never be held or the ballots coun
ted in secret.
Sec. 2. Every qualified elector
shall be eligible to any oflico to be
voted for, unloss rb.; .pialitied by age,
as proscribed in this Constitution.,
But no person shall hold two offices of
houor or prolit at tho iftmo time, ex
cept an officer i?i the militia and a no
tary public. ? \ v . .
Sec. U. Every male <5itiacif of this
State and of the United States, twenty -
one years of ago and upwards, not la
boring under the disabilities named in
this Constitution, and possessing tho
qualifications required by it, shall be
an elector.
Sec. i. The qualifications for suf
froge shall be as follows:
(a.) Xlesideuce in the State for two
years, and in the county ono year, in
tho polling precinct in which tho doc
tor ofTors to voto four months, and tho
payment six mouths beforo any elec
tion of any poll tax then due and pay
able: Provided, however, That minis
ters in charge of un organized church
and teachers of public schools shall be
entitled to vote after six mouths' resi
lence in the Stato, if otherwise quali
fied.
(b. ) Registration, which *hnll pro
vide for the enrollment of every- elec
tor once in 10 years, and also an en
rollment during each and every year
of every elector not previously
registered under the* provisions of this
article.
(o.) Up to January 1st, 1898, all
mnlc peVsoDH of voting ago applying
for registration, who can read any Sec
tion in this Constitution submitted to
them by tho registration officer, or un
derstand and explain it when road to
them by the registration officer, shall
,o entitled to register and become
electors. A separate record of all
persons registered before January 1st.
181)8, sworn to by tho registration of
ficer, shall be filed, one copy with the
clerk of court and ono in the office of
the secretary of State,, on or before
February 1st, 1898^ and puch persons
shall remein during life qualified elec
tors, unless disqualified by the othe.r
provisions of this article. The certifi
cate of the clerk of court or secretary
of state shall bo sufficient evidence to
establish the right of said citizens to
any future registration and tho fran
chise under the limitation herein im
pOHOll. ,
? - (d.) Any person yrhri nlmll apply
for registration aftrf January 1, 1898,
>if otherwise qualified shall be register
ed!s~-4>rovidjj*l. That ho ean both read
and write any section of this Constitu
tion, or can show thnt ho owns and has
]>aid all taxes collectible dur>fig\-^ho
previous year on property in this Staia
assessed at 8300 or more.
(e.) Managers of election i shall re
quire every elector bftering to vote at
any election, before allowing him to
.vote, proof "of the paymentof all taxes,
inclnding poll tax, osst-bsed against
him and collectible for tho previous
year. 'Tho produe^jon of a certificate,
^or of tb? receipt of the officer authoriz
Collect snctf taxes, shall be con
clusive proof oifthe payment thoreof.
(f.) The general assembly shall pro
vide for iaeuingto cachdnly registered
elector a certificate of registration .jriflr
shall provide for the renewal _of such
certificate when lost, mutilated or de
stroyed, if tho applicant is still a
qualified elector under the provisions
of this Constitution, or if he has been
registered as provided in sub- section
(c-) > r ?
Hee. ft. Any person denied registra
tion shall have the right to appeal to
1
tho court of common pleat-, or any
judge thereof, and hence t<? tho bit
promo court, to determine Wis right to
vote under tho limitation* imposed m
this article, and on such appeal tlm
hearing shall bo do novo; and the gen
eral assembly ahull provide by law for
such appeal and for the correction of
illegal and fradulont registration, vot
ing and all other, orimea against tho
election lawn.
Bee. fi. The following persona are
disqualified from being registered or
voting:
First ? Porsous convicted of burg
lary, arson, obtaining goods or money
under false pretense, perjury, forgery,
robbery, bribery, adultery, bigamy,
wife beating, house breaking, reviv
ing stolen goods, breach of trust with
fraudulent intent, fornication, sodomy,
incosty assault with intent to ravish,
misct^enatiou and larceny or crimes
against the eleotion laws: Provided,
'.that the pardon of tho governor shall
remove such disqualification.
Second ? Persons who arc idiots, in
sane, paupers supported at tho public
oxpense, and persons confined in any
public prisgu.
Sec. 7. For the purpose of voting
no person shall bo deemed to lmve
gained or lost a residence by reason of
his presence while employed in the
r service of the United States, nor
whilo engaged in tho navigation of the
waters of this State, or of the United
States, or of the high seas, nor while
a student of auy institution of learn
ing. -V*
Sec. 8. The general assembly shall
provide by law for the registration of
all qualified electors, ami shall pre#
scribe the manner of holding elections
and of ascertaining the resnlts.of the
same: Provided, At tho first registra
tion under this Constitution and until
the 1st of January, 1898, the registra
tion shall bo conducted Agij a board of
threo discreet persons in each county,
to bo appointed by the governor, by
and with tho advice and consent of
the senate. For the first registration
to be provided for under this Con
stitution the registration books shall
be kept open for at least six consecu
tive weeks, and thereafter from timA'
to time at least one week in each month
up to 30 days next preceding the lirst
election to be held under this Consti
tution, the registration books shall l>e
public records open to the inspection
of any citizen at all times.
See. 9. Tho general assembly
shall provide for tho establishment of
polling precincts in the several coun
ties of the State, and those now ex
isting shall so continue until abolished
or cluingod. Kadi elector shall be re
quired to vote at his own precinct, but
provision shall bo made for his trans
fer to another precitfet upon his change
of residence.
Section 10.. The general assembly
shall provide by law for tho regulation
of party primary elections and pnni fil
ing fraud at tho same. . .
Sec. 11. The registration books
shall close at loitBt <30 <Uyn before an
election, during' which time transfers
and registration shall not bo legal,
provided persons who will become of
ago during that period shall be entitled
to registration.
Soo. 12. Electors in municipal elec
tions shall possess tho qualifications
herein prescribed. The production of
a certificate of registration from tho re
gistration officers of tho eounty as an
elector at a precinct included in the
incorporated city or town in which the
voter desires to vote is declared .a
condition prerequisite to obtaining
a certificate of registration for muni
cipal elections, and in addition^e
must have been a resident within'the
incorporated limits at least four
months before tlio'eloction, and huvo
paid all taxes duo and collectible for
the preceding fiscal year. Tho general
assembly shall provido for tho regis
tration of all voters before each elec
tion in municipalities: Provided,
That nothing herein contained shall
apply to any municipal election* which
may be held prior to tho general elec
tion of tho year 1896.
Sec. 13. In authorizing a special
election in any incorporated city or
town in this State for ^ho purpose of
bondin-T the same, the ^pjer.-vi nsse lbly
shall pi< f.u'iho as a condition )>r. ced
ent to tho hohliug of said election a
petition from a majority of the i": ?
holders of a ;i 1 city or town, ua n??v. ,
by its tax books, and at such ? bctiona
ail electors of such city or town who
arc duly qualified for voting in. do;
section 12 of this article, and who have
paid all taxtw* ?State, county ami
municipal ? for tho previous venr. shall
bo allowed to vote, and the vote of a
majority of those voting in said elec
tion shall be necessary to authorize
the issue of said bonds.
Sec. I I. Electors shall ?n nil cnscf, j
except treason, felony or u breach t?f .
Ihe peace, bo privileged from arrest on !
the days of election during their >?( - !
tendance at the j?oll? and going to and
returning therefrom.
Hec. 15. No power, civil or inilitavy,
nhall at any time interfere to prevent
the free exercise of tho" right of suf
frage in thin State.
p When the vote was taken on tho suf
frage article, several membera voting,
asked to be allowed to spread tho rea
Honn for their votes on the journal.
The following were given:
THKUl IlKAHONH.
Mr. Dudley? I voted "r/o" on the j
article on tho right of suffrage for
these reasons:
1. It places the eligibility of electors
within the arbitrary will, possibly of n
partisan, and require* qualifications of
electors, if fairly applied, which will;
exclude a largo number of worthy <
men, who will be deprived of the priv
ilege enjoyed in the past from qo fault ]
of their own.
2. And for the further reason: Whito.l
supremacy may be secured witbon pre
sorting t6 the perhaps questionable i
means adopted the eonrentlon.
Mr. MeDermotte?I Toted "no" on
tt|? adoption of ibis section of the C<m<
stitution becauso I aid opposed to j
t ho educational and property qauli
fictitious.
Mr. Hamel ? I voted "ave" on tho
luluptiou (?f the report of tho coinn it
tee- on suffrage, but still entertain tho
same object ion* prwnlttil by mo ou
page" lit of the journal of the Mtfth clay.
Mr. Derham ? I voted; "no" ou tho
umondineut because t\i?> provision
could not l>o complied {^with in some
instances iq^llorry coiinty, ami wo
lu-oil no constitutional provision to
make its count all votes east.
Air. W. l>. Evans: 1 vote "no" on
tho final passage of thin article for the
reason that I am opposed to tho prop- I
erty qualification.
Mr. Talhert ? After offering every
opposition in my power to the proper
ty qualification, ami having faile 1 to
strike out that provision in the report'
of tho committee on suffrage, I feel
constrained to vote for tho Adoption of
the plan in obedience to the majority
vote of the Democratic members of tho
convention.
Mr. Gray ? 1 cannot vote for tho ar
tide on right of suffrage for the fol
lowing reasons:
First, because the article requires
an educational and property qualifica
tion for voting,
Second, because tho educational
qualification prescribed discriminates
in favor of one class nod Against an
other class of citizens.
Third, because the Reform faction,
.which dominates this convention, ami
of which faction I am a member, ih
pledged "not to disfranchise any whito
man except for crime."
Fourth, because the article subjects
tli us convention to tho charge of con
spiracy to defraud a certain "lass of
American citizens in the oXMvise of
tho elective franchise, nnd t greatly
fear this charge may be sustained in
the United States supreme court .
Fifth, because if tins charge bo sus
tained by the State or Federal court,
at least lTidXH) illiterate vyhito men reg
istered under the understanding clause
of the article will be disfranchised.
Air. T. E. Johnson votes /'no" be
cause of his pledget* that lie would op
pose an educational or property qual
ification for suffrage.
ANoTllKlt 1'1 N Ali ADOPTION.
The following ordinance offered by
Mr. J. E. Kennedy has been adoptc 1
finally :
lie it ordained by the people of
South Carolina, in regular convention
assembled :
That nothing in this Constitution or
dained and established by the people
of the State of South Carolina, now iu
regular convention assembled, shall in
hibit the general assembly from enact
ing all such laws as may bo necessary
to validate and carry into efl'oet the
subscriptions to the capital stock of
the Chester fled and Lancaster Railroad
company and to the Chesterfield and
Kershaw Rail road eompauy, hereto
fore voted for and authorized by the
qualified voters of said county, and to
validate and authorize the issue of the
bonds of said county in payment of
the same; or from enacting all such
laws ns may be necessary to validate
and carry into effect tho subscription 1
by the city o.f Spartanburg to the cap
ital stock of the Spartanburg and !
Rutherfordton Railroad company,
licretoforo voted for and .authorized by
tho qualified voters of Spartanburg
city, and to validate Aud authorize
the issue of tho bonds of said city in
payment of tho same. . ^
THE OA81I IJA8IH IDEA,
Mr. Henderson's ordinance provid- v
ing for an issue of State bonds to ena
ble counties to do business ou a cash
basis has boen killed outright, and Mr.
Connor has introduced the following
ordinance to try and give tho relief
sought.
An ordinance to authorize tho goner-,
al assembly to provido for a sinking
fund in the several eountioH of tho
Stato to onablo them to do business on
a cash basis:
Whereas, in most, if not all of the.
I counties of the state, the taxes are ncv
| or realized until it year after the levy,
and consequently tUo pontracta for or
dinary county purposes and for the
running of the schools have to bo made,
on a credit instead of a cash basis; and
whereas, this is an evil which ought to
bo remedied.
Therefore bo it ordained by tho peo
ple of South Carolina in convention
j nsiembled and by the authority of the
i t me:
Section J. Thnt the general hhho ni
I I v shall provide* for nn annual tux
!. ?. v not to exceed l-'2 of 1 mill in each
fn-.tnty not now on h cash basis, the
ptocecds of nil Hiich levies shall bo
used as n sinking fund for ench and
every county in which it is levied nnd
collected and shrill bo in vented as the,
;;?neral nsHembly shall direct until uu
l >nnoiint sufficient shall have been col
j It*, led to ) >iil rucIi counticB on a ca*h
lessis, then hucIi uniimil levieH sbnll
ce.ifle.
ANOTHER NKW OOI'NTY.
The committee on counties anil
county government haa introduced the
following ordinance in regard to Sca
brook county. petitions for the estab
lishment of which were presented dur
ing the woek :
An ordinance to relieve the contem
plated new county of Seabrook from
tho provision* of this constitution :
He it ordsined by the pcopl?> of
South Carolina, in regular convention
resembled, that nothing m th<? eopsti
| tution ordained atfd established l v the
j people of the Slnte of fiooth Oar.lina,
| now hi reguhir eonv??ntion it Bumbled,
; chall inhibit the general niiaembly from
i organizing a new county frt#m portion* ?
1 o.' Charleston aud fterkeley counties, |
i :ir will more Jn Uy ii jr. j rear by a njap !
How on Hlb in the ofli^eof theaeeretary j
of State made by Henry Morrison, |
said new county to be known ?m Hea
! brook county, with its conn ty seat at
| .Mount I'lraaani.
PBBAKMT RTATTB.
The preaent statu* of the article on
' trispnulonce ha* been allied above.
fill* important section relating to
oliniigt<N of venue has pushed its 1 1 1 1 1 < 1
reading, with i*u amendment t lint tlx
grand jury nuibl ?sk for the change be
fore it ciiii be allowed.
i in: grcsnoN oi* pay
Homo days ago (li?? committee oil
Contingent tU'COUIlts it lid c\ peiiscs w ilM
instructed to prepare mi ordinance
jm>viding for I li?? disbursement of tin
??ITlK)vri?tioi? made I ? ilcf rn\ the ? \
pcil*??<l\|f t III) Convention I'll.' colli
nt it too ha^ presented the ordiauce,
which provides for pity tor tin* ittcin- !
hers at $1 u i lay lifter ( >i't. I o u 1 1 1 1
until tho liiuil adjournment. The st c
roturv is allowed ^lioii for the session.
His lirnt assistant in i \ <? u $t ? day. j
I ho lull, reading hihI journal j
clerks and tho second usAint u ti t i
secretary are allowed $:? u. day;
tho ihtvv list ui rx doorkeeper $ji>rill u
day, and all other clerks u day. it
scouts strange that the oleik who
really 1ms th*! \vh ?le work of the con
vention ami no ciul of rcsponiuhilitv
should ho allowed only $001), when the
clork of the hou.se of representatives in
allowed $801) for MO days work, which
is nothing to compare with the work
required l?y tho convention.
CONVENTION
PROCEEDINGS.
' ?
CON V KM HON K 10- ASSKJI I ll.l'.S.
It Doesn't 1 >?? Much, lint It Took a
Long Time to Adjourn.
The conrtitutiomil convention to-as
sembled nt S o'clock Tuesday oveniug
after its three-days recess iitul oueo
more resumed the consideration <>? the
siiO'rago article, taking up tho unim
portant sections. There wan not inoro
than a hare quorum of the members
present, yet u lute session resulted, an
luljournuieiit only being reached after
it wan found that tliero was "no
quorum" in the hall.
I ho only matter of any consocpieneo
acted upon was tho striking out of tho
provision for represent".! ion for both
political parties on flu; hoards of elec
tion managers and canvassers of ro
I turuK. An attempt wan made to allow. -
]?roperty-owning women to volo'iu
municipal elections on qucKtioiiH of in
creasing tho imblie debt, hut it failed-.
A proposition was introduced to defer
tho assembling of tho legislature from
tho last Tuesday lit this month to tho
uecond Tuesday in January.
? ? -*???
'? A VITAL MATT Kit AT ISSTK.
Shall tlio Stuto lluvo tho Itlglit of
Change of Venue?
On Wednesday, tho 10th day, tho
convention completed tho discussion, pf
tho suilrago artic.'o and tho wholo
thing has now lieou sent to tho third
reading. A vigorous effort was mado
to prevent the possibility of fraud in
the handling of tho registration books,
hut a provision looking to this was
After an oxtomled do hate tho
^ordinance providing for an issue of
State bonds to enable tho several
counties of tho State to do business on
a cash basis waft filled.
Tho convention' at night took up tho
section of tho arliclo on jurisprudence, y
allowing tho State to secure changes
of veuue from ono county to another
in criminal cases ? giving the State tho
same right as is allowed tho defendants. ^
The real meaning of the proposition is
that tho State wishes to try /hen
charged with violations of (h? dispen
sary law in counties other than their
own. This ftas develop^ iu tho do
bate. All tho lawyortr lmvo boon
turned loose oil tho vital question and
until a Into hour a lively debate was in
progress. I %? .
"Undo George" Tillman j severely
handled tho dispensary law. I
A "RKVTiKCnONAL" DRl^ATK.
Uwrker, of Chaili'slon,nnr1 Tillman, of
31ukc tho Fur Fly art<l
then Shako Hands Amid Ap->
I>Imiisc--TIi? Itcmoval
Clause (iocs Through.
Tlio convention spont the entire day
of < lio *i 1 ?t HCHftion on Thursday, over
the Important measure 1<> allow the
{State to obtain changes of venue in
civil and criminal eases, with h viow of
Jmviug tho dispcm.ury law enforced
moro rigidly. Tho convention at tirst
struck out tho cIhiiko. Then it turned
around nnd adopted a clause to allow
tlx* Legislature to pass lawa allowing
changes in cases it would Hclcct. Now
an effort is being made to qualify thin
ho that a grand jury must recommend
the change. There have been some
lively, pannages. '
At the night RCRainn there wii* quite
a sensation. Mr. Barker, of Char
leston, who had ju.it started to speak
when the hour for recess came and cut
him o.T, took the floor wlu-n tho con
vention re-assembled and severely han
dled the dispensary law from Alpha to
Omega, relating many incident* in its
enforcement which he regarded as out
rageous and unjustifiable.
Senator Tillman took the floor in re
ply, and, announcing that his adminis
tration of the dispensary law had been
ntticltcd, h" w- nt for Mr. Marker with
gloves off. I he whole dispells iry
history w.iv recounted and the Darling
ton war v ?s fought all over ngain.
Unparliamentary language w??? used
nnd arefleition?l debate envied. Things
were extremely lively for about two
hours, the runmnor debate between Sen
ator Tillman an i Mr. tta'krr bring
dramatic at times. The debate heated
as it was finally ended by iillomn uad
Mr. Barker thakingUmnd*, tb * former
dramatically declaring th?t henceforth
Edgefield and. Charleston would be
! counties of the saino Htato. This took
place timid a storm of applause and
roar of laughter that th^r President
could not quell for Ave minnieadltlion
the convention by a eloae vote adopted
Mr. ?Henderson'* meaaare to reqaifO ?
fra? bill to bv foaad H? p
before h tr-aosfcr could bo niadWto an- j
?t I""' county, mill that no ens?\ should
bo transferred to a county not in t ho '
hiiiu*' district us (lu< county hi which it
oi igmutod.
M 1 Put ton at ;i lulu hour ottered it
new m - t i<>u to tho removal |>roviNiou
ii - n |>ui\ isiou private against crime.
This i't after anot lit r feature of tho dis
pensary hnv, one t hut hit* canst <1 u man
to lie iniprisgvcd in tho penitent iary
without)! trial I ? v jury. Mr. Pattoii '
iiuuKt u powerful b)>c( oh on tho nub- ?
pvt. Tho ?.,'<>n vent lull vnti'd down his
measure. \ motion to reconsider thi"
w as |>i nding w lion tho v*'11 vent ion ml
jourmsl. A motion to tublo tho nio- I
tiou lo reconsider whh lost on tin avo j
atnl no voto just before tho adjourn
in I'll I.
ni.l^lAN tSKTS LKI'i ONCK.
lie Wains I ho Minority I'arly fo Have
lti'prosoiitutlou at I tin foiling Pro
ducts, lint (ho Convention
Votes II tin l)o\v ii.
Tho oonvoution occupied all of b'rl
i day's KOHsion (tho 12d day) in u lively
, dispensary debate, tho issue being Mr
j Pulton's proposition to prevent tho
j issuing of injunctions l>v judges to
prevent tho commission of a oriiuo. j
j Tho dispensary law permit* a judge j
1 ti|M>n ullidavit to put a man under a
perpetual injiuiotion not to sell liquor, j
j J ho matter mum most exhaustively j
! argued t hroughout, all tho "heavy- j
j weights of the oonvoution taking a
J hand. Mr. (loorgo I). Tilluiau scath
ingly rooouutod the deeds done under
i this iirovinion ot tho dispensary law. j
senator 1 illmau defended tho dispen
j'sury law iu his most pronounced Hlylo.
: i lie auvocntcs ot Air. Puttoii'fl incfts
j nro argued tor tho preset vation of tho
established principle of tho right of
I trial by jury for a eriuio. Tho mcus
! 1,1 e was finally killed by a voto of .'17
to Uf>.
J ^ At tho night session tho Mitl'rago ar
j tielo was failed up for a third reading,
j and tho must rcmiirkable session since
I tho convention oonvoution ensued.
After ho vera I inaigiiiilcant amendments
had boon made, Senator Tilluiau of
fered this amendment to scction I :
"Knoh of tho two political parties
eastinydtfe highest number of voles at
Uio/fireeeding election shall havo rep
resentation on the board ol' managers
of election at each polling precinct
and on tho board ot county canvassers
iu each county." As soon as ho put
thin in he called tho previous question
on tho whole article. This wan tho
measure that had been stricken out
before after a big tight. Tillman made
tho most, remarkable speech he ever
made iu his life. Ho said :
'Mr. President: I do not desire to
make n speech. 1 merely wish to make
a statement. The Convention will re
member that tho article as reported by
the 'committee had this identical pro
vision in a different place. Tho other
evening on tho motion, I believe, of
tho gentleman from Marlboro, and
with only one speech from tho com
mittee, the section was stricken otit.
The committee met yesterday after
noon and after tho careful considera
tion of tho eutiro subject, not in con
nection only with South Curotfjla, but
in conneetimi with tho inattAirTroiii a
national atnadpoiu t, decided that this
y convontiou cannot atl'ord to put itself
on record, tho article having been
brought in hero with this provision in
H, that it will not keep it there, and
tho coinmittoo are unanimous iiuthis
that it should bo an integral part of
tho constitution. But it is not only in
deferouce to public opinion, but for
our owu self -respect and protection
that we desire to put it back there.
Such a provision is in almost oivry
const i tu lion of tho United tttatee north
of Mason and Dixon's line. Every
mi Urn who has boon reading the North
ern papers must realize that we are bo
. irig watched from onoend of this coun
try to another. Wo are already twit
ted with proposing to perpetrate trick
ery and fraud and to strike down free
American voters by our machinations
Hud machinery. We have openly
livowod our purpose to ?J?? certain
things, but \ve cannot openly avow this ,
Lurpo&c. We ask you not to stultify
x In k body to put it oi) record that we
giropo.su to perpetuate tlie conditions
(that have existed in tho pant and we
think you ought to give us Home con
federation. You invito attack from ,
Congress, from tho Hupieme Court of
iho United States and froij(i all the
enounce of Houth Carolina and idl the
euemicHOf tho Houth and all the friends
of tho negroes. Hut there in another
consideration. We have boon labor
ing ho long under tho iiicubiiH of no
gro domination that in our efforts bore
to rectify our constitution and throw
n safeguard around our suffrage and
the election* of tliin country, we have
been obliviobs to the fact that wc aro
making * constitution that in unaltera
bio and we Would leave it to the bandit
of every1, parW in Houth Carolina that
?might in the future get possession of
'of tho machinery to cheat white men
? our cqunlfc nflrt our follow citiz. us.
"I believe it is almoHt inevitable,
Boeing thaty men aro born different,
tlmt they look at thinga through diff.?r
ent spectacles, that we will have divis
ion among the whites in this State, as
there is ""oven here. Elsewhere there
ih freedom,, and in tho future wo will
have it?whlto man against white man
? and the question is, aie wc going to
put it in tho power of one set of white
men to^eo that thpir votes are put in1
the proper iHtu/anil that they-n're
hotlestly counter*
"We arc here with 80,000 o.M rtn
tbe on" side and 55,000 on t!; : other
Mud nothing but the patr;oti.<ai of two
one side h.t? kept it fromf appealing to
those corrupt vote* to overthrow us.
Ood forbid that wo should ao fac.di
vido m to bring in this vote mm b*l
*noe of power, but if we should divider
we ahdnld not put it in the power of
the party in office. We b*ve *11 the
comroiseioqer* **4 ni?n*gern; yon may
put the votea iu there, but wo will
nniiil t hcui.
"l>on't let us \?ho a to now in i^vor
foi^ot that tlio wliccla of lortuuo aro
always turning; that politic#" iu tho
moat uuoeitaiu ground that a malt can
walk upon. Sou tho changes In tho
North. Only threoyoara ago the Doui**
oeratie party swept tlio country with
an overwhelming majority and now
they are covered with defeat and din
(trace. We Reformers should put this
clause hero for own protection, for tlj*
day may come when our own vote nuiy
he jeopardized if/wc do not provide for
representation on tho hoard of Hiiper*
\ isoi^im! managers/ .?
A goo 1 many of his polit umlitljienda
jumped on him, and despite a jVtfwor
f ill speech ho made later on tho eon- ?
vcntiou rofuHed to do what he asked
hy a vote of f? I to 77.
Thou tho whole artiolo was llua'ly
adopted and ho tit beyond tho conven
tion's roach hy a vote of 78 to 41.
Thus it isYeon thai it waa by no, means
tho unanimouH vote of thu convention
(hat adopted the scheme.
Just before the vote wan taken Sen
ator Tillman took the floor again and
In* never spoke more earnestly to any
audience than he did then, llo spoko
>an follows: . * *
"Mr. President: lean make allow
auee'for tho hunt and passion and, al- j
most direct taunts of hypocrisy that
have been thrown in tho teeth of this
committee because Homo people eau
only nee one thing, and at present
tlicy oply see the negro. They only
see tho bugaboo of possible negro rep
resentation on- the boards of managers.
What is the condition of a Hairs iu
I Charleston today? There is a dos
j i crate struggle therefor tho control
in tho municipal government, l-'our
years .ago they had* tho same
light, and as I mentioned last night
there was so much distrust Of tho
: honesty of tho white men by white
men and such a feeling that
I they 'could not get fair play,
j and so 'many ambassadors sent
\ to me imploring mo to protect their
I rights tlmt 1 lmd to take the two fftQ
j lions by tho throat and say to them:
'Now, here, there must be an honest
I election in the Democratic primary.
1 lOftch side of you pick your man that
! you can trust, and let them sigree on
the third man, and let these thrt'O con
j stituto a board to control tho election,
I and see that the votes aro counted, and
1 that nobody it ho is not ontitly.d to vote
j shall vote.' What do wo seo today?
i <V faction who havo refused to go into
j a party primary. Suppose the legisla
; turo was opposed to ono of tho fao
j turns; suppobo the governor was an in
1 terested party and saw only one side of
| it. Would that other faction havo any
f showing? The trouble is that you can
| only see a nigger in tho wood- pi I o,
while 1 Hco a great many white men
j who are striving to get. control of the
State. We should sgO to it "that wo
protreet our liberties and tho sanctity
of tho ballot box."
liYNOIIING I>ISCU??KI>.
Tho Convention Puts a Drastic, Antl
Ivynclilng Provision In tho ('on^I
tutiou.
Tho constitutional convention o?.
Saturday, tho l&d session, spent tfco
wiiolo of itn tinio considering two seo
tiouH of tho artiplo on jurisprudence.
U took tho convoution several hours to
proVhJo for the preparation of o codo oit
?tho utiitute laws of tho Btato every ten
yon in. Then it jumped on tho moasuro
' to prevent lyncbings, which, when tho
adjournment was reached, read an
amended as folio wh:
"In tho caso of any prisoner lawfully
in tho cliurgp, custody or- ccttitrol of t
any officer, Btato, county or munici
pal, being seized and taken from fluid
ofilcer, through Ijih ncgligenccv, per
jmtfsion or connivance, by a mob. or
other unlawful asHGuiblugo of persona, v
and nt their lrinds suffering bodily
violotice or death, the ?aid office!*' shall
l>o deemed guiltj of a misdemeanor,
und upon a truo bill found "isfialT be '
deposed from his office, and ahail, un
less pardoned by tho Governor, hence
forth ho ineligible to hold any office of
triiHt or profit within thia State. It
hltnl 1 bo tho duty of the proReoutiug
attorney within whoso circityt or county
the oflcuHo may bo eemmHtedto forth
with institute a prosecution against
Haid officer, who flhall bo indictod and
tiied in such county, other, than the
one in which t^io offense "was ^commit
ted, a? iho^-Attorney Qonernl may
tlcct, in tho samo circuit. Tho fees
uml milcago of all material witnesses, '
both for tho Stato and for the defeuse,
flhall bo pawl by tho State Treaaurer'
in Much malMicr as may bo provided
by' law."
A motion to fltrike the section out
was voted down. TVIr. Ht^gers, who
movod to strike it out, said they wero
all anxious to stop lynching. "The
Htaie had loug beon laboring under
iho odium of it This seotlon actually
proposed to hold a man responsible
for a crime which he ?waa absolutely
powerlcfls to prevent. The bald facts ?
make him guilty of , a misdemeanor
and forever disqualified him from
holding offioe. I taay a he must be con
victed of a crime whioh he eannot
prevent and yea propoae to fix it in
tho fundamental law. ?We have abun
dance of law to punish any "dereliction
of duty. We have abundance of la#
to prevent lynching. Yqu ar^aniah
^ing the aherilT who is not able to pre
vent tha crime, It is ntripping him of
ttur fundamental right of liberty,.! : and. ?
than you provide th it bo can be takeu
-*? mjy^Vwintj iir the State to be t'ie<f
-?not tho Ivnchers. flnt the *h?rifr
This is ? wrong more flag rani than-tue -t
crime that it is intended to prevent. I
do icaiat thi tht?.oq*vention wilT oon
ajder it fnlly4x>fore if ia -4
/ Senator Tjllm?a and 'otH(ra ?a4?\
strong apeeefce* la favor of the aeaftfeat '
fully answertof all of llr.
argnmenta. . . .
flnattnaail nm lit nkmm'