Historical Newspapers of South Carolina

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T.RI-WEEKLY EDITION. WINNSBORO,. S. C., SEPTEAMER 17. 189:). ETBII 84 CONSTITWOAL CONVENTION -NOW!N SESSRON AT TiE STATE CAPiTAL. 51any Important Measures Introduced. The Proceedings from Day to D>ay. Wednesday afternoon the conven tion opened its second days session. President Evans announced his stand ing committees at the opening. Sena tor Irby is .airman of the committee on declaration of rights, and Senator Tillman is in charge of the committee on rights oZ suffrage, which means, of course,the reporting of the Mississippi plan with modifications. The minority 'has been given a pretty fair representa tion on the committees. P. L. Melton was appointed assistant secretary and the other minor officers were appointed. Mr. Henderson, of Aiken, offered'sev 'eral new ordinances, one of the suffrage and one of the matter of divorces, wl-ich were referred. Attention was called to the fact that 'he delegates had not taken the con stitutional oath. and for three-quarters of an hour things were lively in the extreme. The convention did not wish to take the oath provided in the old constitution and a fight ensued. Final ly it was decided to do so. When 'four delegations had been sworn in and President Evans had taken the oath, Senator Tillman submitted that under the same constitution, if he took that oath, he would have had to leave the convention along with all others holding United States offices, for the constitution di.tinctly said that no man h,lding an office could hold a State office. This was another objec tion. "We are the reople," he said. "We are not officers, but representthe South. I cannot take the oath." Gen. Smalis, the old negro statesman, said the same question had arisen in his case, he being a State Senator and a United States Congressman at the same time. He simply lost his pay while he acted as a State Senator. After a lively runn' .g discussion, the convention referred the matter to the judiciary committee to report whether t.hev should take the oath or not. The committee reported -That the taking of the oath was not necessatv and the report was a-opted. All nat ter in the record in regard to the oath was stricken out. A long fight took place in regard to the increasing tho per diem of the members from $2, as. fixed by the Leg islature in the act calling tho conven tion. The effort to increase failed. President Evans announced the appoint nOst of the followin _standing committees, in the selection or which a?t interc!had been manifested. - Declaration of Rigbts-T. L. M. Irby. chairman. J. E. Ellerbe. J. 0. Byrd, J. F. Cantey. J. M. Sullivan. W. H. Timmerman, Geo. S. Mower. Geo. F. Von Kolnitz, F. P. Taylor. W. T. Bobo. W. R. Singletary... Executive Department---C M1. Elirdir. man. J. Walter Gray. M1. P. Howell, E:C. Klugh. L. S. Conner. J. B. Estridge. J. T. Douglass. RI. D. Le e. A. -J. Smith. G. W. Bagsdale . . '-arborougih. chairinan. John C. Sheppard.Ul. B. M:White, S. E. White. H. B. Biist. W'. L. Ro,horouzgh. J.-N. P-rrott T. M. Cii;aid. Greo. D. Til man.C V G.z Ge. J. D). McDermiott. Judiciai-Stanvarn"V Wib,"n, chairman. stone. L . Bowmnan. Then. 0. U;nrk.r. W. C. MFCowan, C. L. WinkIl-r. C. H. Peak'. G. W.- Gage. W.J. Si r:iihi. Jurisprudene.- - G. ID me-an B3-llnger. ehai rman. E. .J. D.'uni. FrankiI B. Gary. A. S. F:row. C. H. Peak-. R. D). Lee,. J. Lyb-z Glenn. *V. M. Fith.J. C.KIlugh. T1..L B' 'ers. Ue. .ToLnt Ule. Imn ehmenl izit --M. Rt. Co.ope~r. (ebairmani'. 3. T. Hav. G. J1. Graham. ii. P. Staz.cbu.e A. S. Wat.r-. Ge.. V.m K'!n it. (, G. W l!W ale. Rt. B. Ander-ou Emiti-t Do matin-1. H. Lu- -ll H. H. Min'Mrray. .J. F. Ahe. o. P. MhmKarn Jos;: iai'r. C. H. Pon e. -. B. Dnut. F. P. Itighli; 4sufframg- -R Triimn. lhai man. A. H. PanssLon. J. P. K. ]rya. it i. HodIges. (C. W. Gai. -. J.i -ia%nn H.iJ Havneswrth. T.. E. Harris.W. V. M 'e ;wV . C. .1. in. Hu t-mo. 31. n. R hid. * tbainan. G... Prie -. W.I J. Tai,.J. j . Derham j.l 1. Whar'o.' F. P. Woodwa'.rd. Jo-. L. heitt.(O. I. Low-man. T. J. t'ningt ian. C. A. Itrry. E. J.) D 'ni. Cha-ritabtle~ and n In un-ion -W.V J. Goodine. e-haiur:niu. J. P. imun T. . Cen naigh:V. S M. Dmy.d. r. - na - - Bown. J. H. Padt. . 1. lSo-'5. sa"L.Tar Nranh. W. .J. Ganmed. Jrm :ah Eatdn I. -io JuiF'nI1sb. Itar . W. SmiWt. . . aytn. .1. . mitan r. GA. N.!hlo-. G. 0. Patll. A.li '. U Tron, JohnJ. MMaha. . 3.hRp-r.s E.. L. Ly brand.1.-' . E. . K rlned . * aB l)tIt. ltis-D.. . Hlend. chairmn. . C. Smit. Whrh. . ato. Joi. .tm.. W. A.h,3 N.3iclsorn, A. J. Welliz. Willi '1 Uala. A. Montgoer. .L . i]. . . 3-ry sin. B. F Corpherations-. Atin. B 31.t Mh-C'-m n. D..BWippr. J .Snlr .D i.n Geto. .ss. .s E.fl Piarl,en. Jornns D. M.o1nmtomery. Hgh arai:. Jrm. ah Militia--J.iWm ledn.a inr: . C. Ott. Jcw. . Wi. osa. Olv. . I)U. H. J.. MDrrhay. F. R. Lowa. A. J. ith:z'.. W.Orar. stolertn nito SheppardFNas. hAmir mntsJ B. M lliiz:.r:u,ri.-. Whiman. J. M. iers. A. J. L.crit. Grh. J. Graham Alr-I. B..ale'r' J. HBie.. )' F.MPala. E. .. Matthe. . . -'Aki.soC. R. (i~. 'Jown. W.r.intgomet.-ry, hl.irman: D . Hn. lliam HWde.. . . FarrowtT - .. M. Pi. oehlir.L W. Domn . E. DX Ad. iH. HoJ.Mura. L.t E. Par!Ovr. . . C.and. Ordern..Stl andus u Roiio -. . Fraser. V .. 31. Htson,J J. E.-lleb.i. .MCla M.is. Hmill.u 3t'' H.1C 1 Plattn. nW. J. Jon-: J. C. Shpad . W. arr. J.E St. J. Jorvey. K. H. Whito. James nigR. R. F. Smith. E. B. Berry. County Government-J. T. Austin. chair man: George D. Tillman. Frank B. Gary. E. N. Redfe*n. A. K. Smoak. T. E. Johnson, J. IV. Kennedy. J. 0. A. Mooro. J. C. Otts. A. J. Harrison. R. R. Stackhouse. Mr. D. S. Hendersou, of Aiken, presented the following, the first paper introduced looking towards the fram iig of the new Constitution, and it was referrod to the committee on right of suffrage: Ue it resolvid and ordained by the people of the Stat, of South Carolifia in convention ass-mlhd and by tho :mihority of the same that th flowing pr vi;in-: '.hall onstitute si-i n if articli if th Con2stituLtion of this State: S,-tii 1. In all eleH ons held by the peo ilu inineorporatil itis. towns and vilages if.t St sta for il- hereof. eleto--. shall vot#- bI ai:oi-V1-rV ma:Inhbtn of Suchii t..wt :-it vlas 1 rwlnty ne yearson!aged andl upwivards,ox't-t idjlcs ji, sane p i paiiers, an who shdi have been a resi.lt -if the Stalte for twtl-v4 mlioniths. 1n1d III thI *itY. own or viai411 ill whiii-b h--ff(Irs fr,,r.x !v"w'h . and oif thlt votin- prti t ir ward l.t i nl mnth,111. and whol hastnv-.r i.-u --r_viwt-l If 2rni murdi--r. robl.,erv. llu ig. brik.re burglary. arso , o tii:m n y g ' 111-10-d r falso forg-yv ir bigamy,tv atiil wh'ir -hail bei alW. o read ani v artivl- -f this t :.-:titution. or nyiv SO.,liOnl of thel it, t . !1' . !hi-.w .4 rnd whNo"1 van write his Own toal', 'ir wil. 1I. hiz own righl. shlb psese y: nvc .pprty jn ;tw h .'itY, *tw il 4-1 il1. ' I h1l. V.!11 ..I $1,000 :s apptirson Ibl- m*.!x s. and wh ha1. naill :Ill of his. Ia.- :tIili-i aty. toil vr villago%. al I to deeoid a (piaiied a a voter. and. on registerin; nsprovid-d iy !aw. shall be entitred to vote at all el-1iits by th people for the oT.ters in su-h 'ity, tov (r village. S ictio n 2. T h at in a ll el cti -u Q ii t i n .r porated cities,. tows or villages o this Sta for the purpo- of houtdinijn tho same. r fo raising revenue,% iti voters iOf sail itk-s. towns or villag'-, who arequaliflid accordiin,rg to the prei-eog section. and are real* vsiato owners thereof. shall b deened qualiro-1 t, vote in such eletions. Setion 3. The G.-r-rl Assmzbly shali provide by tie law for the registration if all electors or persons qualiled to -Vnt'I in thr, ebN-tion. to be h-Id in inorpt:,ritt-d t-itiqs, towns ant villages, an1 sitab.le e medi"s Iy appeal or othorwise.t..li be proviiled for th. correction of improipt-r r-_istration amd for securing registration to arv to whom it may be improperly ilnit-d. and no p%rona sial be aliuved io. vote who shall nA have retg istered ac!ording to law.registration by the proper ome-r is h--reby declared a conitiIn prerequisite to ihe exercises of the suffrage in such eleCtions. NINE JURORS FOR CIVIL CASES. Mr. D. S. Henderson also offered the following, which was referred to the proper committee: Be it resolved and ordained by the people of the State of South Carolina in convention assembled and liy the authority of the same. that the following provisionsshall eonstitutt section -of article - of the Constitution of the State: In the courts of General Sessions there shall be a grand jury and such petit or irial jury as the General Assembly shall direet; the~ grand jury shall consist of eighteen members. twelve of whom must agree on a matter before it can be submitted to the court. Each petit or trial jury in the Gen eral Sessions shall consist of twelve men, all of whom must agree to a verdict or it shall not be binding. In the courts of Common Pleas the juries shall each consist of twelve men and a ver dict shall be good if ag., -l to by nine rnem bers ther>f. - TI.- term of the grand juries shaU be for one year and the General Ass-mbly shall provide that at least one-third of the mem bers of the outgoing grand jury shall be members of the incoming grand jury. Each juror mnust he a voter qualilled under the provisions of this Constitution. between the ages of twenty-one and sixty-five years. and of good moral character. A NEW OATH. Mr. Henderson then came to the front again with the following, which was referred to the proper committee: Be it resolved~andordained b)y the peopel of the State of South Carolina in convention as sembledl and 'y the authority of the same, that the following provisjons shall constitute section - of article -- of the Constitution of the State: Members of the General Ass.-mbly and all officers before they enter tuon the execution of the duti'-s of their reupe'-tive ofices.~ anid all memte-rs of the ha.r li-fot- 1th-y eniter upon the practtice of thteir priot-N;ion. shaill take and subse~irIibe to the foll'wiu" iiaths: "I do solemnly swe.ar (oir ailirm, as the ase may beg that I ami itly qatilel, :n0 eording to the Const!ittion of the Untited States and of this S-talte to exeris-e the dIuties of the ettice to whiolt I hav~f- tbern ele-tedi (or apointed) and thtat I will fairifultly dlis harge, to the best of myv abliit ls. thte dties thereof: that I recoguni:'.e the supjremavy ot the Constittion arnd the liws of the Unitedl States to tho&e of any State. and that I will support, protect riiud'eed thte Contstituttion of thle United States, and the 'Xonstitution i:l Sout b Catolina. 2. I doi solenmly swear (i)r aiYirm, as the case may lie) that I htave not since the first day of 'Jauary. A. D., 1881, engaged in a duel withiu or without tbe State, either as a principal or a second. or htave b)een present thereat as a party thereto in behalf of either if the principals in such dunel, and that I will not, dturing the term of the 'omele to which I have beeni elected (or ap1pinted) as t ito cae may bie, engage in a duel as principal, or aid and abet in such dtuel as a secondl or as a party thereto, in biehalf of either prini cipal or otherwise.' to whi'!h shall bie added in the caseO of all officers chargedl with the" prservation of thm" reace. the followin:. Gandl -will. to the ext-nt of my ahility. en forie the" peunabies pirescrihed by law againsrt dutelling and will not fail to b.ring to justi'e all pesn offending a.;ainst the said laws that may lome within my vi.'w or knowvl Mr. Elird also offered an ordinance, which was referred to the proper comn mittee, containing the following inter esting provisions: cOUNTIES*. Section 1. Ea'h t-ounty shall fo:m on" Section 2. The precinct boundaries of the counties of the State shall remain as now es tablished until otherwise provided by law. Section 3. In each county shall he electedl by the q1ualified electors thereof, on the first fusdav after the first Monday in November. A. D. 19%i. atnd on the same day in every fourth year t hereafter, a clerk of the Ciit:. of Common Pleas and General S'ssionmS. a sheriff, a oonunty jud::-. whmo sIt. i 1.1 their omeers for the te-rm if foiur ye:.. h an nti their:,u'Cessors are ele.ited. and si1ialitiel. tand snuh other oilleers a tuay tic prtividedl by law. u tin 4. 'Tht Clorir of the- Court of om ou rts 'ft reorid ht'd' the rtin. but the Geer m::-anv.--ya.:' h-r his caunty unless~ o'h r:-. rie bO-' y law ~. pr1-n'- - duti and ivmpn'2u. (f :.li cotrs. c-st. 7Thorti -h: hI e established ir each c.unty a cernmy wmi. enli iia -Jii ii all niitecr- t-.4 ll. ta a - f :lini - traton.iu e-- .-s ap --rain n;; t-- mill ors. and the Ol-timet . d1we in (ifs ii iip.v and lunymwl lla. onil u-e ment.tis. inl all n-enaes i:l ote of conra.-:t. de.,t, lii'-s. f. ri' itu*e and dam: g swhi'n th4. :m.)IIII ilvl ve V h " - . "l-t 4ex ct. i ;11 :lJ a--i .: f or the part;iton f riai I. n ly in t:'.Ut-'I . i n h I i t' andt-n n.lh: th--, t ill- toth I ieo ill lispult- a:wl u-h 1ithtr mt- r as tbe (General Aw:mlyv in:iV i"iam L r-i that thiS "QWr-t .Nil i"! hate j'rri-:ition in actions ivolvim ..t h, Oil- t- real .,tat.. sec-_ tionl S. Thiat a sqII.-Ment tibr CoLurglittiin: mitia te l l;lv m Olu : i11 i ted by the 6G,ov-rnior inl c;wh cuiltv fir lhw con v'enienee vf the riliz-ils in havil': . -riinl - apprehnited arid 'inmmithI d f-r trial. biEw coUNTIs: Sect9in 9. TIh G en-.-:al . in-iy shall p ro v id Iy tiir l C law lor - ,r an 1g n A e' un : -, lo--atin;t the couny~ --ah tem[ir a ily :t-1 eh:igilmg cotil i n.'l-:. Bilt nro in W >:[Ity s,:aiil be fir:- I uni it shall c voii within the liwits tih.-rsef propity of the valation of $2.000.000, - sho;n I y ht preedin;: tax return, ad nr-lt theni ritiless the remainin;: potioi of tih-, ol-d county, or counties. sh ea'-ih contain p-rA-terty of at least *:-31%).-0000 of asssale valuation by the a-t as seet and io roitnty shall be organi.ed, nor shall any o-g:-ized county be so redtc-d as to contain less than one sixtietli jart of Ih h ihabitants of - the whol') State, b t.. b determiinedW bv tire last Nationual an ali at eensis. ail in e;o any portion of an organi-.ed conty or coiut ties is strick-n off to firmi a w-W VountV shall assune awl be holen ftr rui -rital-fe prop,rtion of the idebtedr- of iloity or c(unti-s so duce-l. Nso cwaty shail be divided nu-.- a m:;oritv sf thre unsli0ved rlectors of tho territory propostd to be (cut off shall vote in favor of sin; -tiv.;'on. Section 10. No new v.ml int ii forn+l of les-! than bO0 sqlzare ini. fi nor n y organied coun it ratidceil in Vel beow 500 square mis. and no coutyi h sY a iws be run niarer any existiug court louse th:a ten miles. AN INTERESTtNG ORDJNANCE. Mr. Efird offered ihe follow;ng or-i nance in regard to the iigit of srif frage, which was referred to the prope comimittee: s-tion 1. All -lectisu.z shall I-,- ry ballot. Seetion 2, Every male citizen of tioUnitel States arid ev!-ry nak- person of foreign birth who haz lawfully expressed his intfIn tionl of becrmi a vitizenl of the United States, wljo has attained the a;e of 21 yea rs and who shall ha residel in thfe State for th_re years ani in the eoi: nty and preetrit for tw., years next preceding t he eleotion at which be oifers ri vote: arid who shall have ,paid all State aId -.unty. and poll Laxes as :sessed against him for he two years next preceding the election at which -he ofTers to vote, within the time allowed by law for pay-. meut without penalty, shall b-e permitted to vote at any election in tbis State; prov!ided such elector, as a further qualifleation. pos se-ssos either ono of the following quvaliflen tions: First. He shall he able to read in the Eng. lish ]anguag( and give a reasooMhle inter pretation to any section of this Coustitilron. or Second. He shall be able to copy in a !egi le English w,:iting any section of this Cott - stitution. or Third. He must pay tax on three hun dred dollars worth of property, real or per sonal or both, or Fourth. He- must own in fee simple for life. in trust, or as tenant for years. a lot or piece of land in the county in wiii.!h he offere to vote, or Fifth. He must have been entitled to vote under the laws of this State on the first day of November 1tSO. Section 3. It shall be the duty of the Leg islature from tirre to tient to provide for the registration o! ilestirs. aud such registra tion shall be c:oiUrlisive evidence to all elec tion ofliiers, judges and courts of the quali fications of the elector to vote under this Constitution. Section 4. The Goueral Assembly shall never pass aniC law that willi deprive any of the citizens of the right o)f surfTrge, except for treas.n, mrdrier, b.urglary, ]:ireeny, per jury, forgery or any other infamous crime. o1 durellinig, wherreof the personi shall have been dluly tried anrd eonv'isted exs-epting al so aIs above pirovidedl ini this articde; also the following elaisces of psersonis shall not be al lowed to vote ini Iris Stale: 1. Persons undher 21 years of age. 2. Iiots and lunatics. 3. All paupilsers sur1ported by any county. 4. All slieirs, marines atnd seamien em ployeid ini !he :srvice of the armry or navy of the Unid St::tes. Sotion 5. F or tae puirpose of votin~ nio person sha:ll bes deemrred to have. lost Ins resi densce by r-easonr of absence-. wiulei emidroyed in thei s"rvice of the Uniiiteds Staites, nor while engacgs-l urpon wiatri if this~ State or the United Stabs. or of the hnih ss-a, nor while tempo,srarily iaibient ftrom the StaIi. Se-stio n 1. Na sslier, searmin or marini in the arrmy or navv of tIhe Unteds State,s shall be~ ds.eie a re:,idrnt of this Stat ini Ciciseguem:i. of havin;s ri en cclf arloioe t here ini. Seictio)n 7. EDi--lirs shall in all c5ases; ex colt triasisn, fs'l ny. ori bire~ash of I hei peace. hei privih-l fromrr arrest :nmri civil process ilnurlimt thIn-r atl tenidanrcs at sleetions.. and in oing to andi ret inrn inrg friom :hlit same. 5s*eti ju . Every- persiron l nirtled to voic at arry ebk-tisri slhniI bI .s.ogibli- to ainy omiee whIn-b now is. iir her:snitfr :.hrall b, elective by the pe -i-b- ini1h.'-- ,ounty where he aball have re.s'd tw. year.-s iriu to sail hi-o -n. rest as othise -~prov ideid in this (insituion ail laws oif the United Stats. i;e-tltin 9.- Presiial electors shall Ibe els'-tsed by thipi.le Sectionr 10~i. fir a I .-!~iion- hreld by tIhe peo pl srulrII: thsonstiprtion. thu p-r-on or lervsors whIo slhall rieivie the( hi:.;hest non. ber of votes sha nl be. dehiared e.le.stes. There being nothing frurther the Convention adjonrned for the day, af ter several of the members had intro duiced resoilutions. which were read by their titles and referred to their ap propriate commnittees.' The third day's session of the con vention occupied only about two houirs. Col. Rlobert Aldrich offered the draft of a new State Constitution, which he asked should be printed and laid on the desks of the members, an~d that the provisions be referred to the proper committees. The convention refused to have it printed, ninety members votin~g in the afirmative. Col. Aldrich then moved that the-whole paper be referred to the committee on judicial department with instrruct-ions to send the different provisos to the proper committees. thswsagreed to. The following was then introduced by Mr. D)udley arid wasteferredto the proper committee: "iThat divorce from the bond of mat rimony is prohibited." Mr. Raigsdale introduced the follow ing, which was referred to the comn mittee on finance: ".Billiapiroritng money out of the te-r sharlt s~ify the obj~e-ts and pur. po-. f.r hi rn the s.nuc are mande and ap pinrorit- tos them~ ri-s--ttfully the-ir severa an ii it- in distinit it'amr- andr sections. Anc Iif thei G v-rnra- shi:rl nit i pylr)oeany one 01 moire sit lth- iltims .r 5.-tionis contained jx anv bill, ibut shall appfr.ve of the residur th r- fit lhal ibeoanw a law as to the resi dui" intu iks 'na:tnier :is if he hadl signed it inr ( -r.evilr .mhan then return the bill it his objectiouzz to the items or sections of the amie not approved by him to the house in which the iill sil have originated. which hous s.hall -nt:r the obtjeotions at large on theJournal andtroceed to reconsider so muoh of said bill as is not approved by the Governor. - --The san oredings shall be had in botl house. ini re!,uLsidf-ering the same. as is provided in case of an entire bill retLrned by tte G.jvernor with his objetAions: and il any itemer s.ion of said biil not approved by the G.vernor shall Ie passed by two-thirds of tihl lmber ei.ted to each of the two hoA' of the G,-nral Asserbly it shall be cone a pa rt of said law notwithstanding the objctions of the Governor." Mr. Buist introduced the following, which was referred to the committee on education: "That intelligence and virtue being the safre;:srds of iberty and the bulwark of a free anl good government, the State shall Iantain a go-neral. suitable and efficient systim of fr-ec s.hools whereby all persons in le Sate Is: wen t he ages of six and twenty onle y ra: ay re.ive gratuitous instruc tio.2. bit separate sthools shiall be maintain t-qj !r ''h vhihtren of African descent." j;esolutiOnS prohibiting lotteries; rIliting to married women's rights; pro-hibiting railroads, electric lines, express or telegrab companies, ctc., from, ac<uiring or having under their controll parallel or competing lines; prohilbiting any city, county or town, or otlher municipal corporation, from becoming a subscriber to the capital stock of any railroad, or other cor-po ration. or inakc appropriation or ..oan its cre,lit in aid of such railroad or corporat;on ; to prevent the State's lending its credit except for certain 1mtrposes.; to tax incomes provided that no income shall be taxed when the property from which the income it de rived is taxed; regulating charters and corporators ; granting the governor power to remit fines and forfeit.res, to grant reprieves, commutations of sentence, and pardons, except in cases of impeachment; all of which were re fetrrd to proper committees. Mr, Prince offered the following on the iuportant homestead question: S-Iion 1. There shall be exempt from attachnont and sale under any mesne and linal profcss issued from any court to the head of a faily residing in this State. ex .pjst ahrrein-after excepited. property, real or p jrsonal. or both. of value in the aggre gate of the value of $.000; provided that in "ase aniy wona. having a separate estate of her own sliall 6e married to the head of a family. who has not of his own sufficient proporty to ionstitute a homestead as here inbefore provided. said married womanshall he entitlel to such exemption of her proper tv a- may he ssiffil'ient to make out her hus bant's Iomestea., but In no event shall ther le nu exeniption to the husband and wits jointly of prope rty to the value of more than $ 1.00: Provided further. that no pro perty .,!all oi exempt from attachment, levy or sal, f4ir taxes. for the purchase money of the same. for obligations .?ontracted forlabor done then,i. for materi:ls furnished there for or for thi- removal cfincumbrances there on. provided that the yearly farm products of such homestead shall not be exempt from attachment, levy or sale f,)r the judgmpnt: of debts contracted in the froduction of the sam. Se'. 2. The debtor she.ll have the power at any time, before his homestead is set off. in favor of any specified creditor, to waive or renounce in writing his rights to the ben vlts of the exemption provided for in this article. exeeptas to wearing apparel an1 $200 worth of household and kitchen furniture. and .50 worth of provi.sicas to be selected by himself and appraised as the Legislature may direett: and he shall not at any time af ter tl homestead is set v part alienate or en eumber the property so exempted, but it shall thereafter be held by him in trust for his wife and minor r"ildiren: provided he ,and his wife, if any. may alieniate the same jointly wi':h the sanction of the judge of the ---osurt of the county where the deb)tor residelss or the land is sjtt ated,. the proceeds o)f saeto (is>e re-invested upon the same uses. Sec. 3. A fter the death of the wife ansd the majority of his shibsirer. any homestead set apart to the i]'ebtor uinder the provisions of this artie!e, shall he sotht andi the proceeds appllied to the oldest judgments against him. Sec. 4. The provision:horeoif shall be ap p ~liiable only to deits' 'eateid sifter the asdop. tion of this Conistitnutioni insd as to debts hieretofore,s contras'tsed the law of force at the date of their s!ss?ran'tion shial obtain, hut nojthing heirs'in cointainsi .sha:ll 10 s "ou struedi. as to a lliow I li lie iii of a faiilv the iyeneflt osf two) homsestsad exiemptions. Mr. Bates offered the following: "All la-ws uow in force in this State, and not repugnant to this Constitu tion, shall remain andi be in force un til altered or repealed by the Legisla ture, or shall expire by their own iimi tation." Mr. McWhite oifere3d the following important resolutions : "That the Genseral Assembly shall lesvy at each regular session after the adoptionl of this Constituttion., an amn ual tax on all taxa bule propferty thronughson; the State for the suipport of puliO s.'hiii>l. whisch tax shall be. ni!h'tisl at the s:n.' time and isy thei samue asg'nts a5. the g'ine ait Stat'. lsvv, andl slhall hIi into sf the triasusry si the State. Thire shrsill be' assessid sill all taale 1solis i in thei it:ll' ass nsinild 1: x 'if $1is sn aih poll, thi' .r.ws*i'I.sof whii'h flhall be apliidi tos sluui:siisoil pu rpso.ses. N, nithers till tasx shlsl h' loviid ins the :Na;t', nors shall1 the amut iXverd th liim it ins this soit;is.Th 1sootl:: sall bI ii5stiute moosrnr the .evrat ''hi ldistrint.. 'ailh taxpayVer de'sig na:tinsg ti whast imbsoo .sail funda shall b. sip -* religiis sect ir $ei't> shatll hasve x ellisiv'' r]:.zht I i r .''mntsi 'i Ii' part sit the s.-hscl fundis of Us' Staities'o shsallI sotariain pinship ls' e ta ght in thi' jithlis' s'hoo:ls. "S a:'''I- soli shassllibe piroviideds for ths' whiite i'ands olo)rsd cliiten of fhe Stats'.'' After various an asonneements had bseen nuissle for the committee meetings ini the atfte'rnossn, the convention ad jonenid for the slay and went down ansd ''had iheir psietsnres taken." At the third day .; sessio n of the Convention some 40 new piropositions were i ntroduted. it is now pretty thoroughly under stsood that bi-ennial sessi sons of the Legislature will be provided for in steadi of annual sessions: that the terms of the State officers will he made fisurt y'ears instead of two years, as hereto fore: that smaller counties will be prss vided for: that county cour ts will be estabslished, and that ju ages will be elsectesi by the people dir ect instead of byv the Legsislature. When rule 4]. in reg qrd to the, rati fientison. was reached, t-he colored miem ber'. "'Canarv" Miller. made an e.fort to have it re~ferred back te the people, preenin the following amiendmient ts bi e asddesd to the rul : "Aund the said constitution, after it shall hatve received t ae majority ote of the delegates psresen:. shall be sub mne to the electors of the State of South Cartlina for ratificatio. The vote of ratificatiOln of the people shull be taken on t Ie second icsday in. Ia uary, 18196. The vote shall bU t:tken -.t the several precinets in each county of the State. "The fkrn of the ballots t,,be voted slall be as f(llows: 'I favor the new coiistitut.ion or 'I do not favor the new constitutiou.' Mr. Efird raised the point that this was not the proier place to ioresent such a provision, The proper way to present, it was in the shape of an ordi nauce later on. Miller said that this appeared to bin to be the only proper place to bring this matter up. A handful of people had no right to act for the whole people and declare that the doc umnent after they had completed draw ing .it up, was the constitution of the whole people. The president said: "Th3 chair will not entertain this inl the shape of an amtieidatorv resolution to the riue, but as a regular resolhtion awl refer it to tihe prtppoper conimittee." The re solu,ion took tie latter vourse. Mil ler's effort N%ill Ie a fruitless ole!. J. Wil. Stokes introduced an ordi iniico to almdish the State Suprente Court, and estilish an appellate court consisting of the circuit judges. 'en,ator Ti'lulan introduced i or(di uInIce IIroviding for small counties, 400 s<quare miles each. The present orea is abott 960 square iniles each. Mr. Patton introduced a sufferage providinjg for an educational (naliflCa tion; a property qualification of $300, and for the disquaihfication of no Cou federate soldier or son of such. Sev eral ordinances providing for a four years' terni of all State officers were introduced. Mr. Hodges asks for a three mill constitutional tax for cdiu cational purposes.giving the tax-payer the right to say to what school it shall lie devoted. Mr. Farrow, of Charles too, presents a strong plan for the re organization of the judiciary. Ex-Congressman George Johustone presents a strong suffrage plan with al ternIative property and educationa <pualifications. Mr. McCown has intro Iuced an ordinance, which is against the wishes of Tillman and Irby and the inost ardent dispensary advocates,pro viling that the State shall never issue aU licenses to individuals or corpora tio'ls 4o sell liquor, but can provle for its sale iuler State control. The coimuittee ou municipal corpo rations reported recommending the pluralsystem of voting in cities, coupiled with a female suffrage which allows the woui to vote through agents. The legislative committee has decided to allow Charleston county one Senator. The committcc is tied on the matter of bi-ennial sessions of the General Assembly and favors the fo ur years term of office scheme THE DEFENDER'S P"ROTESTSUS fAINED. The Second Yacht Race Awarded the American Boat. The regatta committee of the New York Yacht Club rendered a decision late Wednes day afternoon sustaining Mr. Iselin's protes' against V'alkyrie and awarding Tuesday'.5 race to D),fonder. This result was reached after dleliberations and conferences lasting prac'ti'ally all lay. As the occurrence was dirs'tl'y under thei eye of the committee and was also witnessed biy thousands of specta tors, there was only one decision possible. Ev'ry rne conversatnt with .the racing of yachts and rules of the r;.ad'.at sea agr'etd that the British Yacht was at fault. Lord 1)Unnraveni and his friends, however, held that 1 hI'Iboat was ('rowdied by the Defender and that the n''ident was unavoidlable. The comm itte' gave each 5ider amplije Opportunity to .tati' their 'asn- and took the te'stfimony of the e:; ptains of eaeh yacht and of others who were on board. Lord Dunraven ac eepted thre decision. ENJD OF THE RACES. Defenuder Finally Awarded thre Cup, Lord Dunraven w1ithdrawinzg. The America cup races ended in a finec on Thursday last. Lord Dunraven withdrew~ the Valkyrie imediately aftcr tlhe start. and the Defender sailed over the course alonc. The America enp committee notified C. Oliver Iselin that three rac'es and. the cup were awarded the gallant Defender. and the crowds afloat and ashore chcered the ship that sustaine'd Unce s,am's supremacy on the seas and the skipper and crew that sailed her. For at least another year the int;erna tional t r'phy is ours and in all prob ability it will be mtany years before a British yacht again challeng'es for the cup. The mishap if last Tuesday and the rarther remarka .Ie ac tion of Lord Dunravena to-day will not furth'r the interestti of international sp.ort. Americnns have 'omplained of nut bMug given fair play when racing ia Enguish waters. and both in 1893 and this year extra p?ins have been taken to p)revent his Lord ship from having cMuse toI complain of uu fairness here. In withdrawing he does not charge any special unfairn'ess to his boeat, but base's his action upon the interference with both yachts e-au.sed by ti-e h:wge exciur sion fleet. The Defender finished at 4:04:15. having covered the ,-cnrse irn 4 houirs. 4:l amiunt's. 51 secondis. Her correeted time was 4:43:13. Mr. Iselin emphatically told a reporter he would nt race with Valkyrie any more. OENERAL TAYLOn OFFERS A eUT TO BE RAeED FOR. Gen. Char. H. Taylor. editor of the B3os~ ton Globe, has offered a $5.000 cup as a tro phy to be contested for on the Marblehead course by the Defender and Valkyrie III and thus determine which is the better of the~ two.boats. Ic A Wi' i t:.-is wif. and th re rhib r irea. G- t - in-o NiI:j - r-ii in-' .: tr: . hs"p t* 'nnI a I r, nd. Ion the : y11-- 'r IMis an fw-ou r n jair oad T;u rsda :1oyning oibndinthai milre- 's iintol f bftv-fas:., lats. Te tois w -ei:. Shr uind C the rhibiran maei:CVltyor 3i1itesa or The official time' was : Distance from New York to East BufTalo. 436%Y~ miles; elapsed time 407 mninutes; average 64%< miles ar hnnr. (UV. ENANS ADMIrSS On the Opening of the Constitutional Convention. Governor John Gary Evans was elected pruenct of the convention and upon tnking the chair, addressed the Convention, saying: Gentlemen of the Convention: I thank you for the honor confered upon me by electing me to preside over your delibera tions. Under the different forms of govern ment, a monarchial, despotic and republican, you represent here to-day the sovereign power of the republic. To be called upon, then, to preside over the sovereignty of South Carolina is indeed an honor of which any man can feel proud. I shall not review the past history of our conventions. That has already been ably done by our tem porary chairman. It only suffices for me to say that this is the first time in the history of your State that her sovereignty has beea represented directly by the people, elected by the power of the ballot fairly ad honest ly used. Your responsibility is indeed great. They have delegated to you that sovereignty which is supreme, which can only. be re versed by the same methods here employed. I feel that I should give to you, and you will pardon me, my views as to some of the measures which in my judgment you should handle. I do this because naturally as your presiding officer. I will be excluded from having a voice in your delibPrations. I feel that I should call your attention to the exec u~tive department. You are to say what power, you are to delegate to him. That power should be well guarded; it should be restricted. Safeguards should be thrown about him. We do not desire a monarchy nor do we desire a despotism. Be careful and throw every safeguard around this power. Our present constitution was not framed by people who had the interest of the whole people of the State at heart, nor waa it framed by the intelligence of the State. I would here recall to your mind the prophetic words of Governor Orr on the floor of that convention that no constitution'not con structed by the intelligence of the State could endure. We have come here to blot out that constitution and make a constitu tion that wil perpetuate the rule of in tellgence. We are not against any class of Citizens. We are here to sustain the reguiblic. Virtue and patriotism is what sustains any government. The happiest people are the best educatil people. Therefore, you should preserve your educational institutions and see that the masses are given .he benefit of every educational advantage. There is no way at present for the ex ecutive to remove or suspend dishonest or defaulting officials. The constitution should provile forthe removal of such officials, or at least for their suspension by the governor till their ,:ais ban he investigated. Specify the offense and provide the punishment. As to the legislative department it is not necessary for mne to go far into that, for I see legislators here. The Legislature has en tirely to') m;iv elections. It is unwritten law that it must adjourn at Christmas. The terms should be annual, as they are now. All the elections should Ie put in the hauds of th- people. No Legis lature can do much with making laws. when the members are so harrasscd by eandidates for office. eliieve that body of this~cumber some work. The charter curse is another thing. No special charter should bo granted. All cor porations should bo chartered under one general law. It - c . save the Legislature half its expense. It would brinf to the State. numerous corporations. The safety of the republic also depends upon your judiciary. The danger to this republic today. it is said, is due to the trans gression of its power by the federal jodiciary. Learn the lesson from it. Place your judiciary on a pinnacle so high that it will ever re mainspotless. Guard it. And here, let me say, it would be wise to have the people elect the judges. This has been done by States that a. e ahead of us in wealth, intelligence and education. Your county governments and courts are a farce. Make some provision for stablish .ing county courts, sentencing to chain gang. etc. Thus you give the best system of coun ty govermn1Tit and road service known in the world. Gaard against too small coun ti's. Tihe educational question in this State is one of the most serious, because ~i.:ol citizens mnust lhe prepared for government. The *--hoM mauster is a mnost imotntpr sonaLgc. The higher-ir,stitutions are as much needed as the 'omimon s,-hools. The latter make a necessity for the former. We can not do withouit either. Docn't tear down any, lint rather buildt up more of the higher in stitutions. Ni tax that goes to suIib. institil tionis is ever unfjilst or opp,ressivi. The peo ple get it banck mlanifo)ld. Yiu are to pals, a qutalif iation of suffIrage. You are h,ere ripresenting the itelligee oh thei State': you must u-petuate it. You in st have an ~euational quaII lictio)n. You mu:,it hi, voor. dutv. -Leit not ensure of for (igners cind a lions det--r you. Yotu stand her a1, s I hev:iI whl peolei. Y ou must re-og niizie no factional diffecrences, here . The del egait'5 mnust rise ab.ove it. We i mnustl hve- the: supremacy of intelligence over ignorance, no u15 to mine,- war.is. for it mfeanjs wif sup1remaacy. There is no injustice to the Now. anoither question-the rpiestion of corporaltionsi. Pirovisionts should ie mad to guard the peoplle against the en-:rMPhments of coirpor?ate wcalth-a plutocracy. Trhis is not demago-ry, liut democracy. Coerporaltionis come here. Our laws are in favor if them,: bulit we owe to our popile this saif*guar.. The operatives are not foreigners, hut South Carolinians. Special provisions shoul-l be made preventing the influence of corpora tions on elections. Such an onlecer as an in spietor would be valuable in the feeling of security to the people. and such a service would be more valucable than the salary paid him. The question of corruption in muiinicipali ties needs your ntt'ntion. The only dishon est elections to-day, I venture to say, are in municipalities. Guarantee the State, city and county alike protection. I don't exct these views to have any weight. but I'feel it my duty to tell you about these things. and I pray that a God will give you justice and factional peace. Givethese things your careful consideration. Act as the only child of fond parents in all that you do. and you will reap your reward and your -prosperity. I new declare the convention ready to pro ceed with its work. Darlingtonl's Tobacco Sales. At Smoot & McGill's planters' ware house, Darlington, on Th~dreday, the tobacco sales were unusually large, lively and satisfactory. Thirty wa.gons from other counties and large local contributions ma;de the sales run up in the thousands and prices were very fine. A few. low grades sold at 5, 6 ee 8A cents, and large quantities sold att 20, 25, 30, 35 and 42 cents per pound. Over twenty thousand pounds were sold. Shide's Heavy Fall. At Greenwood, twelve hundred pea. pie witnessed the race. The event of the day was the five-mile open, in which Schade took a heavy fall on the home-stretch and was i-un over by Maxwell, who lost first place to Parks. Summary: One -:nile open, Sehade first, Maxwell second: time 2:30. One mile invitation, Maxwell first, Schade second; time 3:l'i. -P,. -A i~-n no:l- in t of tea in l:' Lmb .. e! COL. ROBE N' LDRICH'S DR,AFT OF A NEW CONSTITUTION. The following are the most striking parts of the draft of the Constitution Submitted to the Convention by Col. Robert Aldrieb, which shows great study and ability on his part as a Con stitutional lawyer: Section 2. The iso' us (of lpresentatives shall be comp oe (f members chosen by ball'it. every f,urtli year. Seetion 3. Each couty in the State sha; "onstitute one ele:'tion district. Section. 4. No leW county shall be formed of 1ess than. and no existing county sbL1 be rcdu':ed belvw four huntired square miles. Section 7. All taxes upna property. real or personal, shall L-e lid upon the actual value if the properly tax-d,i as the same shall be ascertained by an assessment made for the purpose of laying such tax. And the Legis lature shall have power to raise revenues uther ways than by taxes upon property. Section 12. No person shall be eligible to, ortakv, or retain a seat in, the House of Rep resentatives unless he is a white man. who hath attained th.> age of 21 years. Section 13. No lwrson shall be eligible to r take or retamn :a Seat in the Senate nuless lie is a white maii. who hath attained the age ,f 21 years. Section 14. Tho Legislature shall meet on the second Tul-sday in January. bi-annually. 2ton 25. Th- mrminbers of the General Assembly who shall meet under this Consti tutiou shall I)~ :tjitled to receive out of the public treasury kir their expenses during Llieir attendance on, going to and returning rom the General Assembly five dollars for ach day's at1PIt4uwe and twenty cents for everv mile of the ordinary route of travel etwen the residence of the member and :he capital or other place of sitting of the Ceneral Assemibiy, both going and returning; And the same imy be increased or dimin ished by law ii' cirvimstances shall require. ut no alteration shall be made to take effect Iuring the existenc" of the General Assem blv which shall make such alteration. Article 2. Section 2. The Governor shall hold his ofliee lor four years. Section :3. No person shall- be eligible to tie office of Governor unless he shall have ttained the a:e of 30 years and hath been a itizen and resident of this State for the ten vears next precedin;g the day of election. S~etion 10. The Governor shall be com mander-in-ehief of the army and navy of this State, and of the militia, except when they shall be called into the actual service of the United Stat,s. Se:. 11. The Governor, together with the ecretary of State. Comptroller Gen ral. Adjutaut and Inspector General and tate Treasurer, shall constitute a board of plblie pard-ins, and they under such regula tions as may be provided by law shall have power to graut reprieves and pardons after uonviction. kexcept in cases of impeach ment.) in such manner, on such terms, and under such restrictions as they shall think proper. and they shall have power to remit lines and forfeitures unless otherwise direct ed by law. It shail be their duty to report to th'e General Assembly at the next regular ession thereafter all pardons granted by them, with a full statement of each case anti the reasons nitivilig them thereunto. Section *2 '.a"e shall be elected by the qualiled vottr-4 i :he State at every general election a Secr-M..I of State. a. Comptroller eneraL a Ttas:er, an Attorney General. an Adjutant aUnd Inspector General and a Superintendntl QI Education, who shall ho<Ltheir rr t:ecti've offices for the term of folr years and whose duties and compensa tion sil"I bt j, tribed by law. Ar iclu 3. m:' a 1. The judiciary pawer of this State rnalle-eted in a Supreme Court. in twv Circuit Court_ tq-wijt:.. A Court of C4;mmoiii Pleas having civil juris- - diction. and a * 'Irt of General Sessions. with criminal .lua. liction only, and in Pro bate Courts. Tile General Assembly may also establish such municipal and other in ferior Courts as may be deemed necessary. Section V. No person shall be eligible to the oflice of . udge of the Supreme Court or Circuit Court.- who is not at the time of his election a citizen of the United States, and has r.t attainel the age of 30 yerrs. and been a. resident of this State for five years next precduig his election, or from the adopti.in of this Constitution. Smc iln 11. in all cases decided by the Su 'reme Cou:rt a 'concurrence of -three of the ldges shall bie inecessary to a decision. Arti':le 4. In all elections to lbe made by the ibeople of this State, or of any p art there if. bor .'ivil or political offices, every person shall be entitied to vote who has tho Ig.llow ,, qualiltentionms. to wit: He shall be a fre iman who hams attained the age of 21 years. andl is not a pauper, nor a non-comn nedofi"er 0t private soldier of the ary. nir a seamen oir marine of the navy of the Unitett States. He shall for the two vears next i'rced'ing the day of election ha-" beenl a eitizenm of this State, or, for the ~Lle periojd an emigrant f roim Europe. who has decldared his intention to become a citizen of the U3nited States'taccording to the (constmtittin and laws of the United States. lIe shllI have resided in this State for at least two years next preceding the day" f e'leetion. and the the inst i mouths of that time in the county in whi' h h' oIfers to vote, and who can read ani write in the English language: Pro vidd. that an Act of the Legislature declar in" ainy' Per.sn of' sufficient .intellige?nce to exer'i- the right of sutTrage shall I.e deem ed the. eiil"int of ability to read and writ" in the En.:ish language: Provided. further. that the General Assembly may. b>y rquiinig a registry of voters, or other suital" leis Jlatlin. guard against frauds in electiin and usuratious of the right of *ufr'ge. may~ imupose disqu:ienkition to vote ;i a pumshlimnt for crime, and may rsrieaditionalt quaifintions for voters in muuihpal c'cetio~ns. etion -. All civil officers whose author itv is liit"ed to a single judicial county. a ~aile e'l""ti"n distri"t or part of either. shall ill ppi] td, hold their office. be removed from ofth't'. and,.h in addition to liab.ility t'o imen'e'hm.nt, may lie punished for official m is'Omndent,l in sum"h manner as the General Assetmbly .pr"vi'ius to their app)ointment, S-ti' ni. . If anyi civil officer shall he om- disabb-d' from discharging the duties o' hi'. .tme, by r"ason of itny permanent bodiI y or m intal intirmity, his offiee maiy be dcl'rl t'o be v'a'ant. by joint resolution. agr""d t'. by two-thirds of the whole repire sintatin in ea'ch House 'of the General As --mbilv: i'r'ovidI'", thait such ri's' lutio'n shl 'l' ntamii the'' ;r. uinds for the~ propoised remova. and, be'fore. it shall piass either h' i.e. at" copy af it s.ha ll be* servedl on tho Ati"!" 7. S""ltion 1. AlI oth"r ofil',rs hI be' le"'t'"d at '"a"h ge'neral el-etion and hll h ld the'ir otiie's for four yecars. Arti'cle .. S"e'tion 7. The trial by jury as eretof' re u-cd in this State, and the liberty if th' Ipres .shall be forever invi Ilay pri' sr.I hut the General Assembly shall h've po w'r to dl'termine the nmber of1 per sn' w"ho s.hall con'tstitute the jury in inferior Court- .amnd inny: dispense with thme grand urv in humh ''a-sasi tot it may s"im adveisa A~rti l1 10. 'The~ General Assembliy shall im"" . a iation ta x not to ex'."ed i wo dlollrs ''n eaIi lioll. the payment of which shall be' a '- mdton lire,cedent to) the exi'r ein of thi: '-'.'f suffrag'e: 'xuCpting. how ev-r ir'nm: 11 ht - ration of such "apitatio~n t;x all ..u;h1-i's *ns ai fromu dlisahility or othlerw''-'u'.hi. in,-tbe juidgm"nt of the G.'nr0 -ii .\ mly..t' be~ iexempted. . ri hP'. I Th- L'ua now in for''e in reln i'n t'the h'' i e+' tend ixemptionms antd th" Artil" 13. TIh' puhie debt of this State -pt-1 f' r th' 'in'ary -itld cumrr-n'.i hui nt-''f th.. Stat- 4hall never he' ine-a-"l Ixep b* :i 'M -thid.vot" of the wvhole ri'u re uta i n.. A rt i-.'' i 1. N., p'r.'a hall bie eligible to anye dni' ini thin" i-tat" unle'ss he poss''55'' th" quaiti"-ti'onsm prie.:ibed for membi'rs of thi' Ho'usc' of' Rere"ntatives by this Con