University of South Carolina Libraries
99 THE. . PEOPLES ORNL S .. VO * IKES .C, HR6V -COE.24 N 1OL\ A'T WORK AGAIN. THR CONSTITUTIONAIi CONVIM TION REASSEMALES. Takes Hold of the uisinss) i In Harm est. and DispoCs o' a Goal Man Matters. - ' The constitutional cunveitiOnl retm sembled on the 15th pursUant to th resolution providing for the recess, an after the routi no prelinlnarios .attez tion was called to the death of Dir. J. o Byrd, one of the membobrs of the con vontion, and the convontion rt once ad journed out of respect to his meior until 10 o'clock the next morning, a ter passing resolutions in regard to tht sad occurrence. On the second day the conventio mot promptly dt 10,o'clock, Gov. Evaun presiding. There we-ro but few abset tees and the convention got down t business at once and with vigor as the recess had given themI renewe energy. When the convention was call t< orlOer Senators -Tillman and I rby wir of hand. The proceedings werel opened wit prayer as usual. Tno presidont then settled all doub as to what the convention would talk up by calling up section 36 of the arti ele on legislative depatrtment, whic prohibited the enactment of specia laws by the Geheral Assembly on cer tain subjects. The soction as reported reads as fol lows : Section 311. The General Assembly o this State shall not. enact local or spe cial laws concerning any of the tol lowing subjects. or for any of the fol lowing purposes, to wit: 1. To change the naties of persons o places. 2. To laq out, open, alter. or worl roads or highways. 3. To incorporate cities, towns o villages, or change, amend or exton< the charter thereby. 4. To incorporate educatlional,. reli glous, charitable social utanufa'turing or banking institutions 5. To incorporate school districts. 6. To authorize the adoption of legi timazation of children. 7. To provide for the protection ( game. . 8. To summon and empall grand o petit jurors. 9. To provide for tlhe age at whiel citizens-'shall be subject to road o other 1141ic duty. 10. T6tlx the amount or manner o compensat4on. to be paid to any count officer, except that tL laws may be s r made as to grade the compeonsation i proportion to the jpopulAtion and neces sary sqrvice r.!quired. 11. In alkothietr cases, where a gel) oral law can be made applicable no s)cIlatw hall be enacted. Mr. 'Gago -otfired the followint aimndmnent: Amend.ArtLicle 2, Section 36, on pag 9 aftenlito 20 by adding-subotivision I as follows, to wit: "12. The 'Genera Assembly shall fortihwith onat got oral laws concernimg said subjects fo s.id purposes 'which shal he tniforn in their operations. Mr. ;l,{fgsdale . argued that tlhcr could bp no -absolute uniformity an( there Wbuld be no way to legislate to local exigencies. A county like i'air tield, for instance, would not noel antt does not want many laws that an necessary for a rice couinty like Chat leston. Mr. Gaga said that from a study o the Legislatio for the past livo year he found that inost of the ti me wa (tevoted to specilic rather than genera legislat~Idi IN that time it passe 296 geihetal laws and l,14l9 local bila Thirty..ne smrall towns were incoi J)orated,:.JI .to 20 monled institution ane it'to 16 religious mand charitabli associations, and every year spieia laws Tn htirge numbers -for ditYoren count jQ..'.It, was to remedy this cvi that lys aiend mnont, was i ntroduced( I f, however, the mecmberes thought th provisiom. too stringent he would hb willing49o'modify it. Mr. 'lagsdale introduced the fol lowing amendment to M r. Giage amendittent. Provided, 'T'hat nothing containeod il this section shall prohibit tihe GJeneru Assembly fromt enacting spceial prc visionkin general laws. The-amendmont as amended by Mo LRageditle wasq then p~assed. Mr. Stokes wanted to sttriko ot tht words e ducational, -tharitable, an' peonal, ' but withdrew i' tfor M r. Star yarne Wilson to introduce an o acrnd mont, by adding "not undtier control r the Statw." Mr. I Ie Iinoger behli that as thte St at did nmot hlatu~r i ts inisti ittions lhe sa' no use in the amne.dont, antd moved to lay it, on the table, but, withdrewi temnporari ly. Sonator T'lblusn said that, Cleomso College .w4s in4or poraIted~t. IMI. Wilson's aooiendimenot was1 adop1 Mvr Voa..,KColnitz, .nl'fored an aumet mnont to sub-divisida1I)~ i plvidig thu oxisteng chartVetrs stay be amentded c alomr@(. MV/i. W.h6ipard thought that, if tht amuendhnents wats ndopteod it iihlt r, sult in eory ohai'tor now grantt.od ort be aantid ' boirig mamdo a'sublject;< logi*atitotl, whiclt was what was t2( wantod Mr. Dto:ttuoved to strike out sul divI omg 3, 4, and. 5. T1he report the, OLflittQoo 'o-orporation cover~e tho #1 oo ground, he said. Mit. :Gage -si. tliat he h10ped th amis mdiiut woulds hot pass, 'for- a then ith.there were general laws I refoe nee to incorpbrating towns, etc yet ,pr thme patetlive. years the Legisho tur ,~as dono'-little olsoJ but Ilcorpol ato> thgg.ibyqpoiahl laws. If thio se nati~ are str'ickon out tho 'Wtlbl6n of t4 whole thing will be broke. M B~at amendmnent .wdslost. ... M #opndofrda sub~lstitito Mr.\ Von M(olnitz's au:n4mdmnent, b adLt goto, ub-dlylsion 4~ 'the wor~ds " oi'~ amei .'.- exztend thb ohartet th af1'lhe substitute was adopted a ures mo~ved to strike out sul di of ol~ fectika.. Trho miotlo Strike out lines 1, 2, and 3, of sectio 30 sand insert the following : "PTh General Assembly shall as soon as pom sible after tihe adoption of this eon stitkition enaot gonoral laws wie shall be applicable in the several. eas embraced in tpis seuon, to wit." o Th is was lost. Mr. Von Kolnitz offered ab sub-divi- h sion 13, that the provisionti shall not n( apply to educational or charitable in- e: stitutions where by will or devise it A becomes necessary for a special charter ti to be granted. 'he, amendment was b; adopted . Mr. Johnstor.o moved the- following Jr us sub-dIvision 14 : Nothing heroin contained shall pro- tc o hibit the General Assembly from in- 19 I eprporating by special enactment cor- ai porations of a character other than ti those herein named. tl Mr. Sheppard said that the amend- tli mont was unnecessary. If the Legisla- A ture is not prohibited from acting they dc have the power to act and he moved v e to indleinItely postpone the amend iment. y, Mr. .1ohnstone said if such action was b s taken now the plaa would not be et . adopted at all. The amendment was of L> indclinitely postponed. Section 36 as tc f amended was then adopted. t% I The next section, :17, reads: oi No member of the General Assembly m i of this Stato, during the teri for which he was elected shall be eligi- tl ble to any ollice to be filled by an clec i tion by the General Assembly, and no in Judge in this State during his term of eI t otico shall be eligible to any other TI than a judicial oflice. Mi. Sligh moved to strike out the sc section. He thought it was a hard- g I ship that members of the Legislature H1 - should not be allowed to aspire to po- ve sitions to be filled by it. Members had ar as much right to stand for those offices d< as anybody else. It would be undemo f cratic not to permit them to do so. tv Col. Talbert hoped that the section n<c - would stand. It is a good section. tI - One office at a time is enough for any cli man. There are n it enough to go tv around anyway. One man ought not a to hold more than one office. lie tll thought that no man should is have been elected to the convention st who had held another office. We have th Sheritfs, Governor, Congressmen, Son- of tors in the convention, and some of the delay in its )york is due to them. 33 He novod to lIy Mr. Sligh's motion on St the table. La Mi. Tiiimeriman said that the see tion w as a restriction on personal fo libetty. Any man should have a right w' to run for any office he wants. It was eS a monstrouis proposition, he thought. rc Mr. Prince, as the author of the sec- an tion, said he didn't want to take any fir manm by surprise and was willing to exempt niembers of the General st Assembly from the provilsions of the w law. A man should go to the Legisia- o1 ture with an eye single to the d uties of bc the position. It is now used only as a tl stepping stone to higher )Osition. - Members should not be in the position w of having his vote Influenced by fear of w - treading oi any man's toes or the hope i of advancing himself. Our judges vt Abould be absolutely free from politics. so T That is too plain to need argument. w Mr. Haynsworth was in favor of the tU motion to strike out the section. It is " be-t, that mnenbers of the Legislature b; should know the men they are voting (% - foi and there is no better chaice fori N them to know and learn a man than by ti associating with him in the Legisla- b; Lure. [f the people want to elect a bi judge to any other otlice they should as be allowed to do so. The time has not \M come when our judges will descend so - low as to neglect the duties or thei Si positions in a scramble'for office. il 3 Mr. Glenn, of Chester, thought that bl there was wisdom in the provision. It fc is a notorious fact, as a rule. that in w f order to be judge a main must be a ti s member. of tile Legislature. A man's til s conduct in the House would be very Im 1 much Influenced should lie be a candi- fo I date foi' a udgeshlip for instance. .Senator .lllman said hesymnpathized as -with the Utopian ideas about elevatl~ng hie a the Lcgislatur'e and that sort of thing. 60 3 iBut it is best to look at things squre'- et I ly. This section is at. 'udictment tla against the past history' 'in State. rm I It's equivalent to sayinr , the Leg- M .islatui'e have in the / heonm brim- re 3 boozled and dchauc tich he do- in ni'3d. A man comio a Liagislatuic tk andh his talents are ,;n brough t out 512 - as no where else ane if this section el a stands the State would be depr'ivod of e(. the scryviccs of such men. i The whole business appearedl to himi oi I to bo a kind of Trojan horse. lie (lid or - riot wish to bring polities into the die- cl cuissions, but he would say that lie ra .never coul d understand wihy the legal fr'aternity have never been inr sym- w 3nathiy wvith the major'ity of the people. vi 1 We have been hampered in getting of - men to fill certain positions in the am -St ate because the legal fr'aternity was Lc I inm antagonismn to us and we could riot Igeit siritable amen. If we have to go out- vi o side of the Legislature in e lectinrg w judges we may be forced to put men Ie > unlit on the bench. That's why he fe L said it looked to him to be a Trojan horse. pno ai Mr'. Hurrns said that the 160mnT compoisinig the Legislature are untitled tI - to honor an i'respeot and they should ii hmave it andr do have it. Thre host tal- (gi - amnt andi virtueo of the peopl)1 should be wV t given a chance. Maniy a young man s( m dlies urnknownr because iinimany cases he cannot by recason of poverty come S e to the Leglislamtuure and make Iris tal- ti -emints known. e Members of thme Legislature arc sent si rf hiere to wor'k for t~re people, but they w >t do a great deali for thremrselves. One at ollice at~ a time is enough. We warnt el - these old fogy politicians who hold w rf thr'ee. or four 0111c9s to puit thmem down pl d emnd gluve ;,ho younig and vigor'ous man w a'if Caroliuna a chanrce. hi e :Mr'. P''rnce in r'efering to- Sonartor a rTillmalr's r'efer'ence to a 'ojan horse. p n msaid that so fair. as hie arnd the. commit- si .,e cowQo concor'led there was aibso- n I- Itetly no politics~ in it. '- Mr. Gage O1or'i-d what Mr. i'r'ince ti e (d -H-voed fin' it because It sceomod a o .30 bo e er hing to elevato time '- (g lltureo and m iakei it mioro necept- a a~l pot'forkn its duties. Suchi guards 5 2) st ld'bott r y '.ijround thmeim to keep h y 'them froni- ng raoted frorm their I :duities. He made th' ser'tion thavt t ai the best mrn6f his county4d rnot comfo ii I. to time Loeg~llatur'o because tb ~didni't, a- want to scr'amnble o~ .it. t ma Mr. Hiemphill eakr ho saw no use *J' adoy such a provlsion as this. Because ' a fnan aspireb to a Jugeshipor any a other oflice does riot mean that he has lii S to stoop and do anything wrong to get '1' it. His experience in tho.Logilatuir ma was that it had always- aloot@d good o ijudges. In his experienco It ha eleeted p 3ihrs with whou he (lid not agree ways, but they were high-toned, mnorable and learned men. Ilo saw ) reason why such men could not be ected oven if they wore legislators. division was demanded on the mo on to strike out and it was adopted r a vote of 72 to 42. Senator Tillman ollerecd the follow g additional section : The General Assembly shall submit the qualifled electors in the year 10' and every twentieth year there ter the question of calling a constitu mnal convention and if a majority of e eloctprs shall vote in favor thereof, on at its next session the General sembly shall order an election for ilegates to said constitutional con mtion. Senator Tillman said for seventeen are some of the peopl had hoon call g for a constitutional convention. but uldn't secure it because two-thirds the .egrislaturo could not be secured call it. lin didn't, think that the 'o-thirds of the l2egislature should struct the desires of the will of the Ljority. Mr. I'rince made the noint of order at the matter had already been dis osed of in the Article on Amend ents by allowing the Legislature to 11 a convention by a two-thirds vote. ic chair sustained the point. Senator Tillman and the ch:ir had ie discussion as to tho, best way of ttlng his amendment before the Luse, and the chair left It to the con ntion whether it would receive the iendment or not.. The convention cided to consider the amendment. Mr. Sheppard said that less than 'o-thirds of the Legislature should t be able to call a convention. Unless cre is a paramount necessity for a ango there should be none. The o-thirds clause iiparts stability to constitution. Specille questions ould be subim itted to the people. It safer for the people that this idea of ,tbility should stand. On a division c amendment was rejected by a vote 0'5 to 47. On motion of Mr. Johnstone, Section was so amended as to allow the ate to grant pensions only for mill rv and naval service. qr. W. D. Kvans introduced the lowing amendimient to section 14, clih opened up a question which used much discussion before the cess, and which teverybody thought .d hoped had been definitely and itally settled : That the section shall not be so con rued as to disqualify for inarriage ith white persons any person or his her issue who shall have had at or -fore the adoption of the constitution, e status of white persons. Mr. G. D. Tillman. when the subject as first brolpht up. argued and oirked for the retention of the presIn t w on the subject and he again spokc Iy emphatically on the queiitstion. H1 C ,id he had been deeply mortified hen the meniber from Berkeley hIad( ,unted the members by saying the coon had the dogs l) the tiree," and , this taunt forced the junior Senator Ir. Tillman) and the gentleman from ewberry (Mr1'. Johnstone) to amend 0 reCOmm ntidation o' the committee putting in the word "aIny negro 000(." ie wanted the law to stand it is, wh ich had heen adopted by the ississi ppi convention. in one place in tho second congres Lmial district he knew I. hundred fai tes who were tainted with negro ood, who had furnished brave Con del ate soldiers to the South. They cre now respectable people and were cir children to be punished as bas r'ds y Let the provision stand, else any respectable families would be rever disirraced. Inl this connection lie made the cound inrg statement, which he said cold p~r'ove by scientific facts, that ore was not a pure Caucasian in the nventioni lie did riot mean that ey had negro lhood in themi, but the ce had been crossed with the Arab, ongol ian, Inrdlin, andl other colored ces. [He didn't want the facet or the term ixtu re of negro blood be always r'own upl to the races of these re ectable people as would certainly be e case wvhen their propeorty rights mue into issue, Hie moved to iay the ide business, amendments andI all, the table. but the motion wats r'uled .t of order aIs the parliamientary ineher had beon pult on beafore the oces.. Mr i. i'vans said after consul Itati on th nimmbers he thought that prio sion wouIld meet with thme app~roval all factions. Hie withdrew his nondmrent in order for .Judgo Ieraser offer the follow ing : Add at the close of section 34 : Pro dosd the status of nio person lio has heretofore beon recogized as gaily white shall be in any way af eted by the provisions of th is section. Mr. Sheppated said that lie had been -ofoundly lIiprsseid with what Mr. Iliman had satd and he hoped that to convention would' give its unani ous consent to the reopeninug of the mstion so that if the convention ished to change its action it co~uld dio Mr. .Johnstonie objected anid then MIr. .ioppard iioved that the whole see On be0 irecommittod to tho comrnmittoo. MIr. .Joh nstone, in speaking on the Lhbject, epmnarked th at perhaps thiore rer 200) boys in Coluinbia wvho p~assed nogroes, but who had less than eone ghth blood hi: their ye is anid lhe antedl to know whether it, was pro )sedl to allow themi to intermnarry ith the whites. As to thobr, fami Os spokeni of M r. K'van.s' anetudinent. ado amii~c p)rovisioni. lHe wanted i to .eserve the race. Let. the two reams flow on separ'ately. Let the 3gro( ho proud '3f his race 9,nd the h ite man of 'his, bu t ldt not mnan try >mingle what thi&4Imig'ht had sep) rated. .- '; MIr. SumallIs siaid that hii hope that il the ainiendmentM and( tehection tall be referred( to the com tito aind it hoped the commliiittnte will not, bring bacek again at all.-- ieo said that the .intr should neveir have been brought Mr. ,Johinstonie ipioved to lay' the mo Ion to recotummit on the table, whichb ras lost, arid the matter was recoin he irepoi't of the comrmittee on char abr institutions was then taken up) he - tions relative to the appoint eontsi o iregneti and superintendecntt tho hos itable for the insane wer< issod to t 'ir second reading. Sec on 'tmn, b to the appointment of board of charities by t he Governor of 2 visit the charitable and penal institu- do tions, as well as Section 9. giving the Governor power to fill all va calclies til that may occur in the various boards ly ort the dITerent institutions, was pass- . ed over until the night wesvion. Mr. Ott's resolution, relative to ol- sin lecting fees by county ollicials. wis re- pr( ported unlfavorable and the 'eo)0rt was of adopted without discussion. So Mr. McM a han's resolution, relativ e : to allowing less than twelve jurors to :ot bring, In a verdict. had beenl reported Ie unfavorably by the commliittee. pr Mr. Birt-ns argued inl favor of keeph aig 1 the number for a verditet at. twelve, es- it pecially in the case of murders where for the decIsion was ai iIattier of life or da death. Under those cirticimistinees ge the'Verdict should h u nan iimouls. set Mr. Rags(ale argued that if any- ' thing was to be done about the mat-ter tlt aLt all the conVeltionl should do it, be- Th causo otherwise the legislature could ) not as3 this wits noat a matter for legiS-- wo lation. The resolution wats rejected by m1 the convention. Tlh The convention r.conivenled at 8 io o'clock. Two conununientions were the read in reference to the coniferring o 1 suffrage on women, whieb1 Were re- sot ceived as information aind referred to voi t'he committoo on stiffrage. The report of the cIitoni ttee on fIu charitable and penal institition.., was in again takon ipl, and Mr. Gooding Wit olfered the foliowing substitute to See- , , tion 7. which was adopted : -t The Governor. with four citize..s1 of ie this Statce, to be appointed by the Gov- sete erior, shall constitute a State board i nv of charities amd corrections, of whicih ish the Governor shitli be vx-oilicio (hair- t0 man. Thoy shall appoint ia secretary. 'J whose compensation shali be fixed hy law IL the next scssion of the General for Assembly after the adoption of this ext constitution. It shall he the diuy of di the secretary to visit and inspect all (310 the public and private penal institu- i nt tions of the Sttte. i neludi ng colnty I'm and municilpal alms-houses, jails and be. persons and report to the board, inl who shall report annually to the mii general assembly the state and condi- of tion of the soveral ins itutions fullv peI and pIrticuilrIlY. Said board shall be to advisory only, and shall not possess ii. executive authority. ori Mr. Bellinger- ofered the followin bhi as Section 10, w hiich was adopted : 0r Sectioti 10. Tihe ponitentiary and la'. the convicts thereto senlitenrced shall ta i forever bc under Ihe1 super'v isi itn and pet control of officeurs employed by the State : and inl case any COnvirts art. sr bired or farmed Out, ts may he lP-o- in vidod by law, their ma1intenantli1tiCe and wi discipline shall be under the di rection jo of onlicers detailed for those duties by to the atithorlitiv's of the penitentiary. S Mr. Gooding oftored the following to w Setion 1), which is as follows Section 9 '1.'he Governor shall have t.h power to fill all vucancies that may of occur in the ollies aforesaid ontil tho ,t, next session of the genera I asseibly, and until at iecessor or successorsshall it he apoointed and coilirtmed. Lb Add after aforesaid on 2nd line l'x- 0j cept where otherwise provided for hu with tle poweriof remooval." Thils was h agrteed to. io The reIort' as ainctided Wias then toi adoptI.ed. (', The report of the coimmitt-ee n $7: declaration of righatswas IWhen dis ctuesod. w a Mr. Hlagsdale wanted to strike out, we the words "in such manner ats they wi may deem expediont" inl Section 1. all relative to the powers of the tople to mtiM changt: their governmtuent. By this changti the section reads: "They ht vC Sd the right at all times to m1odify their Let form of government, as the Iubic good I detnands." ir. IHagsdiale said that it, tia0 might seem ridiculous to try to limit, th< the' powers (If the people, hut it is best, 1 Lthat therte shid ( he noC1 iiv~ocationi tot in Liihe COni titut Lion on 1 i he subject. en Section~ *i reads : " li'esettiton jm shall be apIportio~nedl aceord ing to ptop- wi uia3tion)." Oni motioin or Senaltot' Till- 3)n man1 "'in the House of I te presentati ves"' be was inserted after' 're lwe'senltILaion." of was11 strickeni01 out onmot ioni of M* r. I e l- ge linger :in Section It). The right of citizenis (If f't this State to) vo(te shall not lhe denied foi or abridlgedi on atccount) of rac3, (01lor, "" or' prelvious1 conitilitiont of serv itliide. hr Section 12 icefers to elections a(11nd Ah-. B. I10 Tillman13 movedl to st-ri ke it (lit e. aLs the sutfirage c~ommlittee( prov ideIts for Iin it. T1'h ere is aL~t'1 poi.,WIn too tha "i L eli '-. Lions hll be1 .1 fr'ee anda ope'n ," and tiluit Lti might prevent us fr'otn estaliLhing ""l the Australian hallot sy3stem n t houl tr weevetr want to. 01. Mr. JTohznst~one satidl tha:t, the mana-lL gers of election shiould( hI. foteve pre t- II vented from holding any secret ('IerO tPon. Thlis is absolutely esse'ntial and s the Australian systemn is entirely If su fmrent from that. I t you ever have sh1 secret elections ytu Ino 1)33 lon et hve t freeiomr of electiony .~l~lltpt(I vIsion should anyway bet in thet miell' e da oil Siuhliage. Thle ar Ctice IfullIiy citsv lse thbe suibjects. I t provided foi 3331 eta'm ir fr'omi eachl political party amtil tl.t w~ gives nil freedom. Mr . Jlohnostone salili Lthere. wast. a 7 constituit ion inl A merica: whibc did not th pro(vide for a~ fzree and opezn elctiouiz Wi was in favor (If the people keep'1in''i the mntagemen ot (if elections int t hir ownf hands anzd not titrn it liver to the Ti tmanatger's, no maIttr h ow mianly p)artie~s arc represen tetd. MIanagers shld1 A not be allowed to coatunt, the vote in secrect, which could he dlone if thIs see tioni was stricken zouit, heceauise the I ,'g islature woulId be abs.~lutely utram - Lt mielled inl p)rovi~l ing for holding (If at electitions.r Mr . Tillmannn said that thae tr'end of lo the argiuent, seemtted Lto be that lhe waLs ini favor of seeret election.s in or'der to ii have fr'aud. 111e den Ied Lbhis. tm Mr. Johnistonie said he dlid not intenid rm t) i mpute any suchJ~ purpo'~ise. Lt: Mr . Sheppard said lhe believed the SI setion ought, to hie in the constittution. h13 It malIke5 ino di torenice whlether' it, is e in this article or ini another. I )pen yie9 simply mleants not secret anid th is would Ihe preent manltageris from o ver ha ving w the opporituntitiy WA) overidoita the will o'' ci the peid.e. Its teteniiitn toul poi e3 bly do noi harm. lHe hoped01 Seto:tI $i: Tillman would withdrawA hIs mfotioni. ut Mr. Sheppard, in anslwring Senator in TI'llImani, said thatt the courts itinc h times out of ten decidled matters right Li and lie htad no fear of their dec~isioni as b to the meaning of the word "'optmn." s Mrt. 'er'rott asked what about, the a .el loin In un Incomn taxw ? I r 0.I)Ia'd :" WIlLt1 has that to With thi question '? air. Parrott : " Only th is : ono of judges had been bought is generai re-ported ? drp. Sheppard, with great eluphasis: h1en if it is it oi'riiattvd oily in atll inean minds." (Applause.) lie e'eded to vildicite tbe chalaeter' the juldiciary. especially that of ith Carolina. dir. W. I. Vilsoll said that lie did , think that, Section was ltecesisaryI [*(P. lie considered it at dangerouls1 I )ipositiol. n antiwer to this Mr . .1ohnstoll SaidI lad been in tile present Constitution I thirty years and where had aly 4 lgel ever arisel froml it ? Wiy do Womiinen object to it? Do they walt. ret vlect iens ? h1(e ayes and nocies Were called for. on motion to strike out section 12. 0 resullt walt ayes :)8 ; nloes 59. 1r. WArilson moved to stvi k'2 lot thite rds "and open." Mr. .1ohnstone ved to Ilay oil the table the motion. C as Itand n1:s were cnlled. Tiec tion.1 was lost by a vote of 6 1 to .36, chair havinl4'g voted. heIt votte watstthen taken on Mr. WViI 's miIdnllt and it was lost h' a o of 60) noes to 51.) ayes. )n Illotiol of Senatorl Tillmatn. Oh ther1 consideiratioll of the sc'tion I suti.Aon 13 allo Was postponed until ar'tile nm sulrage was irtae d eetion 1i, 7. iehttive to shavery, was n1 takenl up1 and on) motion of Mr.I lillger -it. wals strvicken uit. The tion providtd that uither 81laveP Or olulltary 0iervilude except in pun ment fol crille. shall exist ill the te. 'he following is section 20: o iteson Shall b." held to niilswel' an1y Crime whivre the punlisihlmelit 1 e(nd- s at fino. of onel' ($100) hun11-1" A dollars orl' imlprisoll ment for th irt~yf days uletS oin a present'lellt or :tiielte, of the grand jutry of t.hle Inty w thle crisme shat I ,lt oL enanielttedt excep~t iln caseis aI'silg te hind M' IaVIali forcs OP in 10te litia. when ill actuial service in tiine 'vlr olr pulicI. dallngel : nor shall any 'son be sub ject for the salle offen1se be twice .,.mIt in, jeo ariiy of ife iw 2rty ;' nor shall be conpelled ji any Illinal case to be a witness tatinst niself: now be deprive'd of life, liberty Iwty). without du1 process Of : nlor salprivate propert~y be eni for public ulse without, just. voml 11'. Stialyarne WVilson walted the t.ion so amended as to permit tr ins olllty coirls inl certain1 o1Telnse2I btout the intervoition Of tihe gland -y, leaving th' grnitd j.iry t cases be tried by the t1ourt of Geellral -:iolls. H1e 1wod to insert thet J.rds ". hefore the coinl-ts of ( enell( l sions' " a fter 01he word " U11itne " in' a list ili, an11d stri1 t in 1 tll t he rest the ( word-, downl tO "On prefsenltinen1t. Mr. .lihnstone saitl that by tills philn Was.. propose-d to e.Stabhlish c"ourt.-> :t. wouhd cost the Stato at least, $70. j it year. and would not expediat v Siness of the court s t all. It. can nI lot, ec'omy btecluse ther'e ar0 :3i( coun Il S--thait Mmas 3 Judge11S,, 36 Soliei -s or 72 now ollieinis. Where is tihe Inlomy ' They will cost at. least i1'. PHrince said the couny 1r111s re not, nlow inl question, but later Oil ca11 provide for count.y courts if we ilh. If 1.his section passes it. will in pIrob biLlty pr vt , t-)(e estatblill n t of seuh courts. m.. Iutson illoved to postpoin toln eration until the judiciary comlit reports, which was adopted. ni section 21, which relate. s t, cri I i proseIctions, it is providedll ibat t Irilinal ball be tried ill t . Mr.i~cl lelie wanted l(Ib'i(tick t, a it.li~' wold.i take awayt I from) istib Ueigestng' pow er to ittban'geI te'(venuet itch imtgimesI nece'ssary.i WIn his l'.it, wa Iorseltba ofo''tl~tlyl tryeto eatany jurt i thel emult Il tbingI' ll' kietmntd Lgins thesek me.I I der01t .-11 diltInlary Iw ;4thee is a prviio n4't'tby a1 grand jury Il. This0 would vlenitie a change of' 1( vene in1 hte mention Wob no 11t he had.i 1 (.1r. V4 iekd n seto 2hreiaprvin 'It~t punihmtlIIASlll for scote~n1 ehllt~ Iliry .\lr.~a(4I n\bler loved 11054 pass it -r becau2'Se a511( member whoI is4' o se iitino 1 fprnvi13' 01ini(1 o n con 'tou t'iyoppedtoselIl 01(5 haig arms~t~ :1 I 'no fhe 11 ~i compel't do-i o, but heI :tee pay an equ3 il $nt for Wersoltl L'ie. Adieb move th 'of Utri( out t'lh' -tionf I fwhithiwa a'' gid t.l Ther 'hot mtria It~iIVl amndme til 411O 0l). I heppar'de tmoved that.15 ithe o ntsimtt I.3 iIiltisI~ 1non u butein -t moontitle lst a thie convenItion tSepl'idn or tae 'im ofnL---mil. port)Vd~d by th' cohnmt.teesal fot be ai allowance of imoro -han $1,000 wotlh of real estato and mor thanll KIO0 worth of personal property to the husbiald illd wifo jointly. Providod, that n1 property 'Jhall bie exompt froin atttachmenott levy or, 'Sade for taxesA, or for pmynhn1:nt. of obligt.iols contracted for thei pitrehaseo of sid honiestead or hle el'etioll of imIn proveient thercon'. Prov idd, fit IIIer. hat the N early pr Lluct of salId hom1st1ad shall no, ho ,xetrpt from atof ta mtwlu: Ivyv or sh ror. th payincnt of oL itation I o n (,(T Lav otd in11 iti1he Vro u ion 4f tll0 - satm. I'rov i ed, f .h r, that. it) w olm iha I lld defea11t tilb, I ,rig It of III o ll'I e t , 'xcep1 t, ithe by d(Ied)vI It mortg aIke. illi mly its Ita illst t,h)I I ml eb~te. : but after. .1 hiotustead Iw.S benl chtim ,d, Set aside and re rthldt i , it I hali ntw be mo Irtgag, I, sol orl conveved cxi Lpt by udod. of a couIt , ()I re'owd, and 1th11! proceeds shall h illvested inl al. )ther homesw.tea~d. The chai tan of tiIt, ommtill' ii :1, IW . -l'.A. Itgh, t tit l it i i - had a h e1.'adlaw. 1111 hw. tr 4nw, witv11 i 1) fi1vor of ti'st'r ling 11. 'li ou ty co l t, be:oine Ir1u--' aId Lraid lsl tave Ilt lth tlil- 11 i l i. i\ .'itizenship withot at hmI)e wa. h void of patriot. i' m. H-m-i i fell hec1an4 o l I System1 of tlai try. I I., wanl'ti.d Il t ihrow t very 1saeil uard atl 1. 11 1n th lie hom'evs of tl people. I tI was i pi-t pc jr Live o f, 1 S1 tate to Savo the holm.ts. o) its ,itizenS. The iot. uitftte, h a 0d 1111 1 imolsly reported the section, but wa lot wedded to it,. 11t, simply wantaed I safe provision. Thell provision ma1,14h ,he onIliy chanlgo in) the preint hw 'He voimrt~s had biel that, till judgmentlwll _rceditor. couldI fortce the' s:ale wf to nestoead propert~y. Some Sai th:t 1holu!,l ne-ver- he allowed1. This would -estriet- 1the4 vcdit too mucl h. \\hat. vats at 0itZizen wit-holt a homeld to( vou-t (1) anid prol-cft.': I It vo h mid Ilik toI li jinging of' '!ood k emtigrant III- It) i.hll tate. The lwple~ who owned 41ei 10omes werev fil-lw,-k of .\nn-riv.:l Mlr. Talbert. rai.sed I'lhc luin, IhaI .ee wer'e a numbe11 r of ;4lIon 0minn .-m 11oposed ) be or I h, r-es 1un1 t -,1- 1 11h'!t. ,bey were no ill Irder. The. p.nI; The first wal m ilil,-it was by IJ , iY M.\ . lowel!. which propeIrwJ l to l tri w outl tL aftor tilh , world - - thh " lit lilt- 1 . It. saidhl t, if 1.hw ann-talment 14ri. ".i1cJ it wouhd leave 1 1 w a pralt feal .x the :-ann - n - t h oI homew-f.ani Iaw. I1* i 4 ' 1.4 ) 1.1 It ni,-t-ui ng (If I.ht I ,c t I V kI thI.I"41 Ilhe henneste.A4-;t i.- thll- molld v.,:al maI t Ler be-fore thek Iconventhml. 1t1. 1 pr-, polsedk by iis pr1oviIo Ltina, :atfb.4r1 a hinotsteaQ1d is et tll it, enn neverl 'i .,()hl 01' mlt n ilt) ii, wonallil tho1 mnak. 11ur1 peold' it -ct 'f mb 4w,1iw 'fnt, mnass 14f 4111r lit 4))1ii. tt'! i: i, tai tollayv. II his prIo"?v!.- shIIon.I. II p! Wo i l it n' I O per)a'tI1 als m) I nl-uh 0 appore -a'son 1. t i. in-p .- ! '1 al .1: - ;ry o l d i 11 . 1,i o:l l - )w .p fro-, :1 cntrl o it.- 1 Il lf pr1 1:o , ; litort gt;I it t o bta ;i ) su pi : h - n!tot d , s .) d l ajoit, y h o f r bfl p:- a. Jl i dMpr. nytn1 t-ohat Ini to hY Ilk n n~ fro m a fitm -, w dit is tul , shov.el inn I perleton ejwmih og oin and'M VI wb should. w hl ilth, us~ il pu )I, ILm i h .\lv. IS ol . Irepliedt i tielt~, by t his at i ngII bion* ]o 1,1bt hi, and it, wasl riih lut pose that, he shall Imatak 0 no waiver all Say So, butt ulon't lot himl) nortga his whole propoty and iu the nex broat,.h say ho cut't nimotrtgage a part of it which has been set off. Mr. Sligh sai. that once a man is reduced to the niecessit; of applying for it homestead he sho'uk iA.t mort gttarge i, bjcautso it is rot tie h ont of hIs wife and children. Mr. i3. H. 'Illman said he was in favor' of )r-o tecting the women and be foe as' woll ,as after thohomostead wa, set apar't. The whole gonius of our laws, Mr. I tit- m r'ontinued, is to allow a party t-w ha ve cotr'ol of his property after it 's -t - s-de. Is'n't it botter to lot t~ h im Ia 1 emainl as it is? .r \\'. .1. Nlontgomery agreed with I-. I I ioon tatii tho law was grounded in t i jurituence of the State and it. is bs t~o t.ry\ anld upr-oot it. We .houi tin Iker w6th the law as little as Iblo. heranO much of the uneor uiunty iiat sut rrmnded it has boon t a wa b 1 .1'.vy ju .1 diCial doCisons and it n it, wmmd itiko uncertain the if i! iipite now under It. Ac " n toY il Ith 1; 1 decilions of the court I i' . ii. n101 so much for the ptoteo 'nil1 "'1 th" he-ad of the family as the i ly it'elf. \ ith that its the object, 'n ' ii, is -.t tmi't., the family should not hi dIIJ' ind'11 Of it. by, a mrtortgago. Tl h 01jb.i-1, of the law I nnal by that lleatn le Idefeatevd. The head of the I i tyl nu 1titty orttt ltige Itsm property utl thrn iii 1 himprovidence or other Cau(se it, )ecomes unable to take care 'f Iiis fitmily. That family should be 'iei prIott. d against, his further' ~r. Ildalo said that ie had been I frind of tho lioiestead law is it ha. be,-nt ot otir statuto books for I ftVnt.y-li ve yetr:. Down to the 19th iln1. he I o llit tt.t1e rltains tho old law. T4r ;11tv te who would deny the r' l l tl titn 11 before or after the homstrTho. Th logic of the situa oittetemed to him. wats that if a 1o1nl1 was dl. id1 tl4 right, of mortgage Si i erii hostai was set oil lie should i. ih -,, isd * a rt i gLht before. The home ,I' j:l im it. takln from the creditor. 'hl cdito coint.'ritcts upon the pro 11n11 pill 1 ict, ht canltiot touchli a home :.Thto haw Is it part of the con r .The Is.>ignmont of the home -a - ' im malls definite what was an whote wlor. A\ manl now will not t11o'- lh the wife tenounces her' ri-. of iowert aid is that not check int 1n.h2 ) it 1(111 a manl in the control of us poert\ /Tht- poor man under Ili 1ro 51visim wouttld have to pay at ad f l.o 1 at a outrt, to permit himi -h P' prpty itn oWde' Lu imVO n n - townhip) to aniother. A " I' rf Sktral haVe tr ied this prop n, uk folund thiat it does not - - s. h'vau it is, wronmg in1 priniciplo. hit h - Lit,b gre'atest errOr we I ' -fmItt I adopt, suich a provis - I hllitstead is Woth only . 'I'l lawyer will havo to got S r I. I Il- clerk's fees will amount - ui thle shitf will have to get - Ol it, will (.)st tilly $100 to - 11; ha the int'rest of a family r I ., h m tI o d,). Not even if his aVi ri- wirth I j (himt il the head ad.'ttivfi1y d11(pose of his proper'ty i It-,h in~trvlntioni of thle cour-t. ihi provision would work 42 ir:tt , hadshi tpont tile poor. manl ..i the' who11 would Vote to adopt it Woh.l;l It ir from them itn no uncertain .- -na tor TiIa Imall said that this was I-:l an al!f 'tatit mlttter and deals so ,I ii, -ti~ w i o I Lith iter test of thousands mnit L'i 1'11011S1a11(is of 1o peoplo, that i iio-O the at tention and Iationeo of 1.bet1 1nvntmion whilel he in a brief 'NOY -p1ti. ttt -'0 1.1141h to the pending unl''im ((itt as'- 11) tilb! whole Stl)ject. The ).tearv 4of the law is this, which h- !Mlat,f-lImteship and( the host in Ia t.!n pooI 111e shlid huivot aL shelter a w hich tn live' and tznin a sustonance ri ihmowIes,1~ aml11 once1 owvning a s4om11 I 1 ht Illhey shotuld keep it. It is 4 pr' a 'tI' t ~e wti fe tand cil dr'en fr'om tillSs oft thet~ father4.l. As fat' as he xa1- I'InlCIIrnI'd hte d idn't hesitate toI av tut, thle atiell reor)tetd by the I'-Ilnltilte wa' s ai',i hiunbug and pro on.It, hohls~ upI tot the people1 the n lb hat, it. is gi ving them a home 1. i, Il aw. b~tt it, is worded so thaIt they l ie tbhen tread the homestead law as 1,11(b1th clf onventiont of 1 868 and 111ahltlmt in' N fot' some1 reason0t, he ital t, know)4. why. at pro4vision was :ulEd to it w. htith is the samtie ast the or'leb- r''potaltI' by the cotmittec dow ftV t 1,i11' word'( "' same) "' in line 18. li wa-,t~t n4) lawyert butt Ito had the '11m11(no -en'se( 1. saty that the decision I ft n- u r ml'eII1 Couttt wt h ic allowed <t'f. I :.M -IL t Iome t'int a take thd sayl I l'. Io mnIItggd ('amtiy wasadisgrahe !!:t mi. lemt Iake away come heme en-I1 h~ wa4I1:yIsI the aim' andntention lof If 41-: l l-l ' itat i tt io t t llo I i rt Tey .v o' t~s wmk hownh ta hoesand sy tha WL III rtute coettin tobfore for ii to ~t- mof/g I''thin h wmethand boe r hoe, a~ C~,Ind allw ysei ho ghIoi wa in t~okIt11)1 convent'(ntog btlo for~ h'1rIhI, of1 IIver man, whether~t he tbt' Ho ' r tNll' andtol says. h oroal Il wtt a hets ov his wfo'r andhi ol.- i e.-o' heads.tthiobttnw hy Tn1.y ItlHuk abouit,& detbyn the awan of'r- it. Grantg tha edd., the illt 11ru)h 'Ilt't' t t h v have a hometadst' ae .ti or~ str)ivi t. ti the partio ou.'efr hel warihIthere11 ta o Peved tfor fromhi pie nel aived t' h lome, t'o ty itly hen sieduc nd y theyo aw aond od ist t'o letkthe dtre.t ~ na Sve rltfahoing themTe tol IIortstre..u they wil hotas w ouse lXatnde giponl bhicht'o mnat soe t'atesmd nhipes thaot t emul nevom h pithfty don't nee t~ol lado ad ; itis Wonl'501) t the possl adiftession gofg to star'vJNleD'ho stal'Orv. AQ. The esul of llowng tem*t