The Laurens advertiser. (Laurens, S.C.) 1885-1973, October 08, 1895, Image 1

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VOL. XI. tatilutional Convention. A BUSY AND EVENTFUL WEEK. DUpeniary, Divorce, Factories and Suffrage. TIN-: IMSPJON'S A It V QUESTION. 'I be Legislature Ik Given Three Option* In !?? .?Uli;; Willi the Liquor I'j <>iil. in < illl l'luio Dar-rootue Nut Oue of Them. Whon tbo convention reassembled it dived into the vitally important mat ter of incorporating tbo dispensary law into the constitution. A motion to indefinitely postpone Mr. Clayton's substitute was tbo pond ing q-iestion. This substitute was ruad as follows : " In the e-xoroise of the police power tbu general * assembly Bhall have no authority to license tiio sale of intoxi cating liquors or beverages by porsons or corporations within this State. The general assembly may prohibit the manufuoture and sale of intoxioat injr liquors and beverages within the Stiur, or may authorizo and empower State and county olttoors, buth or either, under the authority and in tbo namo of tho State, to buy in any market and Bell and retail within tho State intoxicating liquors and bover agos in auch packages and quantities, under such rules and regulations, as it deems expedient." Mr. Clayton having returnoJ, made a vigorous spocch iu support of bis substitute, covering the points bo elaborated last week. He wanted the possibility of the return of tho bar room nailed now, oocu acd for all. Mr. Farrow then got tho floor and procoeded to make a vigorous speech, dealing largely with the police powers of a State. What these powers were tho courts must decide. Some question aroso In tho midst of Mr. Farrow's speech as to what had become of tho amendment dent up a few days ago by Senator Tillman to bo road, providing for licenses for liquor selling on tlio dispensary plan incase thoeupromo court of the United States held that the State had no "*'ght to sell liquor. Tho matter after a lung wrangle, was straightened out. Things woro terribly mixed, and it took an ondleas? amount of talk to tell where tho oonvontlon was at. Mr. Farrow coutiuued, saying as betweon tho scheme proposed by Sena tor Tillman and prohibition ho would support the former. Senator It. B. Watson believed that all otbc questions were small in com Earisen with the liquor question, liquor was something to debuueb the whole land. He gave somo forcible statistics. A half million people were making aud selling the stulT. He bad been glad that South Carolina bad taken a few steps forward to stop the salo of this damnablo stuff, calculated to make all men villains and murd?rers. If all the money that goes to this evil could go toother things there would be no suffering. He had. lived to educate ono little community to think it disreputable to handle the stutT. Who could estimate the magnitude of the evil V Yet they tell us not to have It shut otf. If our dispensary is knock ed up, don't give us back the barrooms. He was ashamed of some of the cities; debauching their people to pay taxes, and ruining the people utterly. He cited the state of affairs in GreenviHo and Charleston prior to tho Introduc tion of the dispefisary system. Ho was glad South Carolina had taken I the first stride in the right direction. He was glad the dispensary put tho stuff up in as unattractive a shape as possible, and he was glad that It was selling no more of it than possible. Mr. Clnjton wanted to allow a post ponement till tomorrow in deference to Senator Tillman. This was because of tbo misunderstanding about the printing of Senator Tiilman's amond meat. Mr. Patterson wanted to hoar tho touch talked of Tillman amendment read. He was not willing to indefinite ly postpone the Clayton Substitute un less SenatorNTillinau's amendment cov ered ail tho requirements. Mr. Parier said they had hoard enough debate; thoir minds were made up and they know how to voto; it was best to decide the matter. It was then shown, after Mr. Hen derson had called for the previous question, that it was an absolute necessity to get tho Clayton substitute indefinitely postponed before the con vention could get Senator Tillman's amendment bofore It. Mr. Wilson, ovidontly laboring under a misapprehension as to the status of affairs, took issue with this statement. He said, in tho ooursu of his remarks, replying to Mr. Sheppard, that he would like to know whether the iournal or tho gontleman from lOdgo lold was correct. i Mr. Sheppard?(with groatemphasis) ?The gentleman from Kdgefiold is right, as ho always is. Mr. Sheppard statod that it was not his purpose to thwart or confuse the friends of the dispensary. He simply wished to got the amendment of Sena tor Tillman boforo the house. Senator Tillman then rose and stated in emphatic language tbut ho hoped the dispensary's friends would not bo stampedod by any such ideas as somo of tbom wore advancing, .Governor Sheppard had stated the matter fully. The roil was called ou the motion to * indefinitely postpone tho Clayton roso tion. The motion prevailed by tho following vote ; Yeas?Aldrich, Alexander, Ander son, Asho, Atkinson, Barry, Burton, Bates, Bellinger, Berry, Bono, Bowen, Brlce, J, S.; Brico, T. W.; Carver, Cooper, DoHay, Donnis, Douglass, Doyle, Dudloy, Kvane, VV. P.; Farrow, Field, Fitch, Floyd, Fraser, Gage, Gamble, Garris, Garry, Gil land. Glenn, J, Glenn, J. P.; Goodlng, Graham, ^gQray, Harris, Harrison, Hay, Hayns Mrorth, Hjmphlll, Henderson, D S. Wjfiehry, Hiera, Hodges, Bowel I, Hutson; 4rby, Johnson, T, K.; Johnstone, Georget Jones, Wlllo; Koitt, Konnody, E. J., Kennedy, J. W.j Klugh. L,ee, Low; man, AfcDorraotto, McGowan, Mc , Kuge?. MoMakln, Matthews, Miller, i Mitchell, Nathans, Nicholson, Oliver, \ Otts, Parier, Patterson, Patton, Peake, V Prince, Ragsdale, Red f earn, Rogers, 1 Rosborough, Rowland, Sheppard, H Sloan, Smith, A. J.( Smith, Jeremiah ; l?roith. It. P.; Smith, W. C; Sprott, ?gtokes, Stribllng 5 Sullivan, Taylor, ^TlHman. a lt.; Tillman, G. D.; Tlm ,mx-iiian, vonKolniU, Waters, Wells, Wharton, Whlpper, White, A. H.: \Whlte, S. P.; Wiggins, Wilson, W. Ii.; Wink ler,?Total 102, Nays?Bowman, Hreaxeale, Ruist, Byrd, Cantoy, Clayto?, Connor, Cun ningham, Ellorbe, H?mo), Henderson, D. S.; Heuser, MoCalla, MoCaslan, Mo Cown. MoWhite, Moaros, Montgomery, J. !>.; Montgomery W. J.; Moore, Mor rison, Parrott, Perrttte, Busseil, Smalls, Smoak, Staekhouse, Talbert, Wateon, Wigff, Wilson, Stanyarne: Wood ward. Total?32. Mr. George Johnstone offered au amendment to strike out in the report all that portion referring to the dhv pensary method. He Bald that he felt that he would not be doing his duty unless he should submit this proposl tlon, although he well knew the tem per of the convention. It was tabled on motion of Senator Tillman, four noes being heard. Senator Tillman then offered his amendment as follows : Provided, That no license shall be granted to soil alooholic beverages in less quantltieH than one-half pint, or to ?eil them between sundown and sunrise, or to Bell them to be drunk on the premises ; and, provided, further, that the general assembly shall not delegate the power to iscue licenses to soli the ? came to any municipal corporation." It was put to the house, but tho voto being closed, a division was demanded. . It was allowed and the amendment j was adopted by a vote of 87 to 2U, Mr. Clayton being among those voting for it. I Tho word " intoxicating" was strick en out wherovor it ooourod in the sec tion as amended, and the word " alco holic " was substituted. This was done on motion of Senator Tillman. Mr. Bellinger got an amendment through aftor much argument to allow municipal as well as State and county oilicers to buy and sell in the name of the State with the restrictions pro scribed. Mr. Wilson olTorod an amendment that was in substance the same as Mr. Clayton'*. Senator Tillman. he said, was afraid of tho United States su premo court. He was not. He wantod barrooDiB biottod out of tho State for ever. Senator Tillman said his friend was a good lawyer and ho was not. He told exactly what his amendments meant. All that they had to do was to close barrooms without tying tholr bands. Mr. Rogers said that any ono of the three things provided for in the resolu tion as it stood would produce tho re sults of tho dispensary law. We've had the effect of the dispensary In Marlboro for 40 years, and uuder that, as under the dispensary, there was always an ample supply of liquor. This brought on a little tilt between Mr. Rogers and Tillman, causing Mr. Hogers to tell Tillman to constrain himself for a whilo. Mr. Parrot roso and the conveution smiled. Ho tnado quite a opocoh on tho mutter, saying that they should not dodge the issue. Mr. Prince statod that this was simlpy the Clayton proposition over again. Mr. Wilson said tho otbor was not a clear-cut voto. Mr. Wilson then trlod to spoak, but every momont questions were pro pounded to him, Senator Tillman head in;.' the procossionof oxaminers. Mr. Henderson moved to table tho Wilson ameudmcut and this was done by an overwhelming vote. Mr. Connor offered an amendment, which was tabled, that dispensers could be elected by tho people, or by tho General Assembly. A verbal amendment offered by Mr. Gary was adopted. Mr. Robert R. Hemphill then offered the following amoudment, which was read amid a roar of laughter and killed so quickly that he scaroolv realized it. " And tho General Assembly shall en act a law making the drinking of in toxicating liquors a misdemeanor." Mr. Farrow, when the section was about to bo put tooa final vote, moved to reconsider tho vote whereby the amendment of Mr. Johnstone had boon tabled. He said that his desire was to have his voto recorded as against lotttug tho dispensary go into tho con stitution, and there wore others thoro in like condition. After some talk the roll was called ou a motion to table Mr. Johnstone's amendment, and the vote resulted as follows : Yeas?Alexander Ashe, Atkinson, Barry, Barton, Bates, Bellinger, Berry, Bobo, Bowon. Bowman, Brea z jale, Brlco, T. W.; Bulst, Byrd, Can toy, Carver, Clayton, Connor, Cunning ham, DeHay, Dennis, ?ouglass, Doyle, Dudley, KUerbo, Kvans, W. ?.; Field, Floyd, Fraser, Garris, Gary, Glenn, J. L.; Glenn, J. P.; Gooding, Graham, Gary, Bainel, Barris, Hay, Hayns worth, Hemphill, Henderson, D. S.; Henderson, Wm.; Hiera, Hodges, Hou ser, Hutuou, Irby, Johnson. T. E.; Jones, Wille ; KeitV.Kennedy, J. W., Lowman, McCalla, McCaslan, McCown, McDermotte, MoKagon, MoMakln, Mc Whlto, Matthows, Mearcs, Miller, Montgomery, J. D.; Montgomery, W. J.; Moore, Morrison, Nicholson, Otts, Parlor, Parrott, Patterson, Peake, Perritto, Prince, Ragsdalo, Rodfearn, Rogers, Rowland, Russell, Sheppard, Sloan, Smith, A. J,; Smith, Jeremiah ; Smith, W. C; Smoak, Sprott, Stack house, Stokes, Stnbllng, Sullivan, Tal bort, Taylor, Tillman, B. R.: Timmer man, Wat;rs, Watson, W?lls, Whar ton, White, A. H.J Wiggins, 'Wilson, Stanyarne ; Wilson, W. B.; Wiqkler? 105, Nays?Aldrlch, Anderson, Brlce, J. S.; Farrow, Fitch, Gago> Gllland, Ho rt oil, .forvoy, Johnstone, George; Klugh, L,ee, McGowan, M itched, Na thans, Oliver, Patton, Smalls, Smith, R. F.; Tillman, G. D.; VonKolnltz, Whipuor, Wtiito, S. F..; Wigrir?24. Mr. Doyle offered an amendment to decide the question whether the State sell liquor lor prolit or not. A roll oall wii?< secured after muuh trouble, and a lively running debate. The vote re sulted as follows, being tukon on tho direct question : Yeas?Alexander, Anderson, Asho, Atkiuson, Uarton, Berry, Brico, J. S.; Buist, Con"or, lX?ylo, Holler be, Fcrrow, Fitch, Fr?ser, Gage, Glonn. J. L.; Bon derson, D. S.; Houdor, Hutson, Jervey, Johnson, T. iE}.; Johnstono, George; Leo, Montgomery, W. J.; Nathans, Oliver, Ott, Peak, Bagsdaic, Smalls, Smith, Jeremiah; Smith, It. F.; Srooak. Stackhouse, Stribllng, Tillman, G. D.; Watson, W?lls, Whlppor, Whiti., A. IL; White. S. K.; Wigg, Wiggins, Wil son. W. B.?Total?45. ? Nays?Aldricb, Burry, Bates, Bollin gor, Bobo, Bo won, Bowman, Breazoale, byrd, Cantoy, Carver, Clayton, Cooper, Cunningham, DeBay, Dennis, Doug lass, Dudloy, Kvans, W. D.\ Field, Gar ris, Gary, Glonn, J. E\: Good log, Gray, Harris, Harrison, Hay, Haynsworth, Hemphlll, Henderson, Wm.; Henry, Hiors, Hodges, Howcll, lrby, Jones, Wilie; Koltt, Kennedy, J. W.; Klugb, Lowman, MoCalla, McCaslan, MoCown, MoDermotto, McGowau, McKagen, Mc Makln, McWhito, Matthews, Meares, Miller, Montgomery, J. D.', Moore, Morrison, Nicholson, Parlor, Patter son, Patton, Porrltto, Prince, Rod fearn, Jtogers, Rosborough, Rowland, Russell, Sheppard, Sloan, Smith, \ J.; Smith, W. C.;Sprott, Stokes, Sullivan, Talbert, Taylor, Tillman, B. R.; Tlm merman, Waters, VYharton, Wilson, Stanyarno ; Winklor -Total 84. Mr. Klugh offered a Bubstitut6 for the whole eeotion after a motion to adjourn had been voted dosvn. It was practically the same as the amended section. Mr. Klugh had considerable to say on this substitute. He wanted a direct vote on prohibition or dispen* sary. Senator Tillman raisod the point that it was another dress on'the samo baby. Mr. Klugh was ruled out of order. Tho whole section was then adopted as amended j and it had the parlia mentary clincher Dut on it by Mr. Henderson. As it passsed to a third ' reading it is as follows : Section 14. In the exercise of the po lice power the General Assembly shall 1 have the right to prohibit tbo manu 1 faoture and sale and retail of alcoholio liquors or beverages within tho State ; the General Assembly may license per sons or oorporations to manufacture and sell and retail alcoholic liquors or beverages within tho State under such rules and restrictions as it deems propor ; or tho General Assembly may prohibit the manufacture and sale and retail of alcoholio liquors and beverages within tho State, and may authorize and empower State, county and muni cipal officers, under tho authority and iu tho namo of the Stute to buy m any market and retail within tho State liquors and boverages in such packages and quantities under such rules und regulations us Is deemed expeuiont: Provided, that no license shall bo granted to soil alcoholic beverages in less quantities than one-half pint; or to sell them between sundown and sun rise ; or to sell them to be drunk on the premises. And provided, further, that the General Assembly shall not dele gate the power to issuo licousos to sell tho samo to any municipal corpora tion. Tho article, with amendments, was then irlven a third roadlng and sent to tbo committee on style and ruvlslon, In otherwise tho same shape as it pass ed its second reading. THK DIVORCE QUESTION. Tho Convention Decides Against Di vorces in this State lor Any Cause. The debate in regard to granting di vorces in South Carolina is one of tho most interesting and perhaps the ablest of all iu the constitutional con vention. The umondinent offered by Mr. Henderson, of Aikou, was under consideration, which proposed to grant divorces on tho g* ound of adul tery alone, and this amendment was strongly urged. Mr. Henderson in speaking on the subject said that wo ought to boar in mind that tho marriage ceremony is simple, the bouediotion pronounced upon the contract by tho man of God. When tho contract is broken tho inno cent party should be allowed to have redress. When there is a wrong tho law should furuish a remedy. No mau can gainsay the fact that adultery is wrong. We should have tho manhood to put in the fundamental law a reme dy for such a wrong as that. Tho remedy here suggested is hodged around by all restrictions to prevent its abuse. As to tho opening the flood gates of abuse, tho only way to change this provision, if it should be placed iu the constitution, is to have it changed through tho machinery of another convention and this is guarantee enough that abuses will not come in. If you don't grant divorces for this ground, 1 bolievc, ho said, you placo a premium on adultery. Wo can't shut our eyes to the fact that iu every county of tho State there uro good women who should bo relieved from the bands uniting them to adulter ous men and it was in their behalf he appealed. Senator B. R. Watson then took tho floor and proceeded to make one of the most feeling and forcible speeches that was delivered during tho day against the granting of a divorce in any manner. He wanted tho constitu tion to stamp out tho possibility even of a divorce ever being granted iu the Stato. Some of bis references to tho agony caused in homos by pa rading of family troubles in courts were touching indeed. Ho said his heart bled for what tho women had to bear in some cases, but it was hotter for them to bear such things for tho sake of their children. He held up u Bible and said this Scripture was clear as it could bo, Tho majority of tho people of South Carolina were be lievers in tho Bible. He read what tho Bible said. Do this and you will shock the sensibilities of hundreds of Christians all over tho Stato. Dr. Timmorman asked if the theo logians wore not divided on tho mean ing of tho passages in tho Bible. Sonator Watson replied that they wore as to what Matthew meant, but Mark and Luke mudo it clear. Mr. Jervey on behalf of the commit* teo explained that tho section as re ported by the committee neither pre scribes or prohibits divorces, but sim ply loft it to the Legislature. Sovoral resolutions were presented to t he com mittee on either side. The committee rejected all and ,it was reeommendod that tho law stund as it is. Wo advo cate that the Legislature shall he put in tho position to keep up with tho progress of tho age. Lot them meet tho exigencies of the occasion. It is a matter of pride that although the con stitution permits the Legislature to provide for divorcos it has novor had occasion to do so. As to tho morits of tho case ho favored divoreo with proper restrictions?that is for the one cause of adultovy. Mr. W. C. McGowan then made one of tho most thoroughly "eloquent argu meats heard on any matter since tbo convention assembled. Mr. McGowan said that the only roal argument made against the schemo to have no divorce was made by the gentlemaa from Ai ken. " Ho said that this plan was put ting a premium on adultery. I deny that. Exactly the reverse is true. Turn loose " married womon without husbands" in acommuaity, with all the liberties of a married woman and with none of the restraints of the unmarried womun, and you would have no end of adultery. Put this proposition to tho people and you will bo snowed under 40 to 1. Ho was proud to livo In so unique a State in respect to the sanc tity of tho marriago law If this was sontimont, ho, for ono, was willing to stand upon it. It was hotter for so ciety at largo that thoro should bo no dlvorco at all. Onco lot down the bars and there is qo tolling whoro it will epd. His friend Farrow had argued ably and well of tho effect of such a prohibitory law on foreign divorces, but that had nothing to do with this convention granting divorces. Mr. W. J. Montgomery said that Mr. Henderson's substitute dues not put in tho constitution anything that would be at war with public senti ment. It prescribes that if tho Legis lature provides any law for divorce It shall bo hedged about with proper re strictions. The law as it now stands shuts out the good women of tho Stute from redress in case of adultorons hub bands. They should bo relieved from the criminal conduct of wiokod and designing men, As far as abuse of tho law is concerned, he bellevod gentle tnon bogged tho question when t i i - -> referred to the groat abuses common in Other States, for the amendment makes it impossible for any suoh thing to happen in this State. Mr. Shoppard Baid that ho was grat ified at the high plane on which the discussion, had been plaood, and the eloquence of it was worthy of South Carolina in h?r palmlost days. There is no proposition hero to establish a divorce law. HJvor slnoo 1808 wo have bad a provision authorizing divorces, but we bave had no divorce law. If this provision is adopted It will be a long time before we will have one if at all it is horrible as a matter <>' law tbat a child bo legitimate in ono State and under the band of bastardy in an other. And that is tho way it is now. There are matters of legislation that should be common and It Is almost cer tain that Congress will pass a law making divorces one of them. When Congress enacts a national divorce law the Legislature should be able to onact laws conformable to it. Even if Congress has no power to pass a dlvorco law, it has power to mako legislative enactments uniform in tho States. He believed in submitting it to the people. If they wunt, let them have the power to put a divorce law in tho Statute books. Mr. Hutson thought, that if in tho judgment of the convention divorces shou'd not bo granted, Mr. Shoppard's argument would fall to the ground. The advocates of divorces must show that they are necessary for morality, that thoy tend to o'.ev&to Society. They have failed to sustain either of these positions. Mr. liroazoale did not believe that tho time would como when divorces would ho necessary. He rather bo lioved that, wo aro growing bettor and bettor. Ho was opposed to a divorce law not only on account of morality, but as a tnattor of economy. Nearly every session of the Legislature for the past ten years has had a divorce bill before it, and to prevout this ho i favored no divorco in the constitution. Mr. McWhito said that ho had for several years while in tho Legislature advocated divorces. The command ment against committing adultery was sufficient justification for tho adoption of tho amendment. Men and women have gone to other States, gotten di vorces, returned hero and remarried and are now living in bigamy because no protection has boon thrown around them. Mr. Bowman, in answering Lieuten ant Governor Tim merman's speech of tho night boforo, whon he read tho views of several eminent Baptist min isters fehowing that divorces wero Scriptural, read directly opposite opinious from Dr. Lansing Burrows and tho lato Dr. Jas. C. Furman, both of whom were eminent Baptists. Mr. Glonn wanted to know whether divorces could bo granted under tho constitution oven if the Legislature made no provision for them. Mr. Henderson and Mr. Sheppard both said that they could not. Tho voto was then taken on Mr. Bowman's amendment prohibiting di vorces on any ground in the State. The ayes and noes wore called, and re sulted in tho adoption of the amend ment by 8<i to 49. Yeas : Aldrieb. Alexander, Asho, Austin, Barton, Bates, Bohre. Berry, Bobo, Bowman, Breazealo, J. s. Briee, Buist, Byrd, Cantoy, Carver, Connor, Cooper, Cunningham, Dent, Douglas, Doyle, Dudley, Ellcrbe. Floyd, Gary, Gilland, J. P. Gienn, Gooding, Cray, (Junter, Hamol, Harris, Harrison, Hay. Haynsworth, Henry. Hiers Heuser, Howoll, Hutsou, Irby, T. E Johnson, Wille Jones, Klugh. Lee, Lowman, Lybrand, McCalla, McCown, MoDermotte, McGowan, Matthews, Mearos, MltoheU. Moore, Nathan, Otts, Parlor, Parrott, Patterson, Pat ton, Perritte, Rod fearn, Rowland, Sloan. A. J. Smith, Jeremiah Smith, R. F. Smith, W. C. Smith, Smoak, Sprott, Stribling. Talhort, G. D. Till man, Von Konlitz, .Waters, Watson, W?lls, Wbarton, A. H. White, S. E. White, Stanyame Wilson, Winkler? 80. Nays : Anderson, Atkinson, Barry. Bowon, T. VV. Briee, Dennis, W. D. Evans, Farrow, Field, Fitch, Eraser, Gage, Garris, J. L. Glenn, Graham, Hemphill, D. S. Henderson, Win. Hon derson, Hodges, Jervey, Georgo John* stono, Keitt, ii. J. Kennedy, J. W. Kennedy, McMakin, McWhite, Miller. J. D. Montgomery. W. J. Montgomery, Morrison, Nicholson. Peake, Ragsdale, I. R. Reed, Rogers, Rosborough, Shop pard, Smalls, Stackhouse, Sullivan, Taylor, B. R. Tillman, Timmerman, Wnipoer, Wigg, W. B. Wilson, Wood* ward--4l?. Senator Tillman then offered an amendment to add tho words, "but the courts of this Stato shall recognize and give full credit to the judgment of the courts of other States In divoroo cases." Ho said wo have had portray ed tho evils of children being born in legitimacy in other States, while thoy are legally bastards in an other. \ believo it wus carried to the United States courts, he said, they could got redtess. It Is the fun damental law of the country that the act of one State shall bo recognized in other States. It is a matter of simple justice. It's an injustice for a woman to get a divorco out of the Stato and come back bore and claim a right to part of tho property of her husband. Mr. Patten said that ho would voto against tho amendment. Ho would rather vote for Mr. Henderson's amendment. Under tho Tillman pro vision our courts will have to recog nize divorces granted in other States for tho many common and Godless rea sons that prevail. That will he tho Inevitable result of that amendment. It makes tho divorce laws of oi,hor States operate immediately in our State and if wo are to have divorces at all let us have a law of our own. Mr. McGowan said he thought tho amendment was surplusage. If both parties are under tho jurisdiction of a court our courts aro bound to recog nize such divorces. Mr. Klugh offered as a substitute that the General As sembly may legitimatize the children of parents divorced in another State. Mr. Patton moved to lay tho motion on tho table. Senator Tillman said tho object he desired to attain wus to give relief to innoceut children. Wo don't want a married woman olthor to run off and got a divorco and have dower in hor husband's land. Mr. Henderson again offered his amendment as a substitute for tho whole matter. This wan ruled out of order, Mr. Klugh's amendment was voted down. Mr. Bowman moved to lay Senator Till man's amendment on the table, which was adopted. Mr. W. L). l?>ans oflored an amend ment ulmiliar to Senator Til I man's and it was also voted down. The section was then adopted as amended by Mr. Bowman, which makes it read that divorces from tho bonds of matrimony shall not bo grant ed'by the courts of this Stato. THE FACTORY TOWNS. 1 lie Convention Decides Against Compulsory Incorporation?A De tent lor Senator lillnmn. Mr. D. S, Henderson culled up tho report of tho committee on municipal corporations on tho sections recom mitted to thorn- it read as follows; " Tho committee on municipal cor porations and police regulations, to whom was recommitted sections l and 2 of tho article proposed by them, res gpeotfully report that* they have care fully considered the same, and re commend that said sections as amended by the oonveatlon do paa* with the following, proviso to be added at the end of section 2: Provided, That nothing in sections 1 and 2 of this article be construed as prohibiting tho general assembly from providing for the Incorporation of the manufactur ing towns of this State, under such rostricttons and regulations as shall protect the rights of the citizens and prevent unjust oncroaehments upon property." Mr. 13. R. Tillman offered this sub stitute : " Provided, That a class to bo known as the manufacturing towns shall be provided by tho general as sembly, and shall be incorporated whenever tho population of such a com munity shall number 1,000, under such restrictions and regulations as shall protect the rights of and prevent un just encroachments upon the property of the citizens. In such towns no pro perty qualifications shall bo required to voto in municipal eloctlons lor of noera." This procipitated the debate of the Mi. Tillman explained hie The manufac turing towns w?ro practi cally owned by the company. As the law stood tho citizens?employees of the mills?could not obtain u charter or have the town incorporated if tho factory presidents objected. If they petitioned for a charter against the wishes of tho bosses they would be told to " get out." He wanted to put it in such shape that wheu a factory town reached a cortain size it would bo incorporated. Mr. Johnstone asked whethor Mr. Tillman would incorporate a town against tho will of its inhabitants. Mr. Tillman?I want to force an In corporation when tho towns reach 1,000 inhabitants. If they have to sign a petition to bo incorporated they will bo told by the mill owners: "Sign that and you must got out," aud you know it. Mr. Johnstono (with great emphasis) ?Mr. President, I ujiso to ask a cour teous question, and i hope I asked it in a courteous manner, and I do pro test against tho kind of answer I have received. The gontloraan has no right to impute such knowledge or motives to me or any ono upon this floor. I earnestly protest against it. Mr. Tillman?I meant no reflection, und if anything I said was so construed I withdraw it. Mr. Johndtone?I am very happy to hoar tho guntloman mako that de claration. Mr. Prince considered himself com petent to speak for factory employes. Ho 'ived umong factories, had friends and relatives employed in them und he knew thoy did not wish this kind of legislation. Speaking for the factories of Anderson and Greonvlllo counties, Mr. i'rinco assorted that they were tho best governed communities in the State. Their schools were open for nine, ton, and if they wated thorn thoy could have them for olevon mouths in the year. This convention, it seemed to him, was inclined to bo paternal. The other day they wore trying to protect the women, now they wanted to protect a certain class of laborers. Tillman?What kind of government is that of tho factory towns, if it is not iho most paternal? They are whito slaves, that's what they are. Mr. Prince?Those in my county are manly citizens und thoy would spurn the imputation that thoy were ruled by any man. If these people uro not free and independent I would like some gentleman on the Moor to say so. Mr. Stanyurno Wilson?I never saw u class of people living under such op pression as tho factory people of Spar tanburg. Mr. Prince- I was speaking of those people in the factories of Anderson and Greenville, who would scorn to bo considered slaves. I regret very much to know that the same spirit does not prevail among thoso of Spartuuburg, as indicated by my friend. Mr. Prince thon declared that if this amendment was passed it would bo tho death knell of factories in South Carolina. Not because it would have uny effect upon tho government of thoso towns, but it would frighten off northern capital. It would not ac complish what it was seoking to do and would result In driving away thoso who had money to invest. Mr. Tillman asked Mr. i'rinco if ho was frilling to have capital come hero under conditions of white slavery. Mr. Prince replied in tho negative und declared no factory president in tho county that ho camo from dared I attempt to rule white people as slaves. He recited what factories were doing for i he. educution of tho children and said that was tho kind of "oppression" it soouied thoy wanted to save tho em ployes from. Mr. Clayton declared that he was tired of having "capital" thrown in their teeth as if it was the only thing to ho considered. There wore higher rights. There won personal rights, and ho could not voto for the amend ment. Ho was bore to hold the scales easily and justly. When the factory owns all tho property they had no more right to say what that corpora tion should do with it thun they hud to dictate to the farmer working a thousand hands. They should not Im pose a burden upon a factory that they would not set on any othor property owned. Mr. Hums spoke from tho labor standpoint as lie saw it, They must do something, ho said, or capital will rulo South Curolinn. He spoke of tho lu boror as a capitalist. Vor, he said, ho advances tho value of his labor until thoond of the mouth or pay day. Mr. Gage thought that this conven tion should not uttompt to puss on facts. Thoy wore trying to do it, and what was tho result V Tho gentleman from Edgolield declared thut factory hands wore oppressed ; the gentleman from Anderson said they were not; the gentloinan from Spartanhurg statod that they were. Now, the facts were that nono of them know what they wore talking about; ono of them was a United Statos Senator and none of I thorn went into a factory moro than I onco a year, Tillman?Do yon know anything ubout it y Gage?No, 1 do not, Tillman -Thon why don't you hush ? Gage?Because you havo not hushed and I won't hush. These gentlemen oome hero and try and stultify them selves by making statements of facts when they aro not Informed and try to inako fools of us. Thoy can't do it. Where, said Mr. Gage, Is to bo vest ed tho power to say when a town has grown to bo a faotory town. There aro factories in many towns. Loavo It to tho Legislature to arrange this mat tor as provided in tho committee's re port. If the gentleman from Kdge tied will read that report he will seo that it covers the ground ; ho is a man of bonse?whatever his faults may bo, ho has sonso. Let tho legislature settle it, Tillman-^That's the sting. It pro vides for a petition and thoy oan't pe tition. The Legislature has enough corporation lawyors in it to blook it. Mr. Gago?Then abolish tho Legis lature. Mr. Gage went on to say that tho imputation of Mr. Tillman upon the Y. "? V ttembertJ of the Legislature wus un worthy of him. He showed that for the last five years there has been an averageiof twenty-live towns chartered oach year by the Legislature. Mr. W. B. Wilson could not support the amendment. Tho towns when they reached a certain size should be incorporated and for that purpose he offered an amendment to section 2 reading as follows : " All towns hav ing 1,000 inhabitants shall bo incorpor ated." Senator Tillman accepted that amendment. Mr. Stanyarue Wilson desired to make his position clear in the matter. Perhaps tho gemleman who had spoken about tho froedom of tho fac tory employees had not seen, as he had, factory presidents and superin tendents standing at tho polls handing out tickets to their employees us they came up, and if they did not voto them tho loaders would bo turned off as u warning. Ono of tho main causes for tho large profits being made in tho cotton mills was the oppression of the factory omnlovees who ntte?lvftrl t.ht* Least possible compensation. Mr. Stokes offered an amendment to make tho towns of ?u? inhabitants come within tho provision of Mr. Wil son's amendment. It was declared out of order, two amendments being pond ing. Mr. Ilaynsworth spoko against tho amendmeut. Tho people should have local self-government and tho liabili ties of municipalities should not he forced upou communities without giv ing the citizens a voice in the matter. Tho undue influences oi employees could be provided against In tho elec tion laws. Mr. Coorgo D. Tillman took the floor and made an impressive speech, it had been said that the only tiling moro timid than one million dollars was two miilion dollars. It takes money to build cotton factories ; we have not got it. To get it wo must go North or to EJurope, Ho regretted the effort to Incorporate cotton factories. He was astonished at the position of the gentleman from Spartanburg, tho county whoso wealth had been so won dorfully increased by tboso factories. In the South we have but two indus tries, growing cotton and manufactur ing it. Cotton factories are our means of converting cheap coltou into cloths instead of sending it to Now Bogland and Old England. All cotton mill men coming South prefer to locate factories on some waterpower in the country rather than in the city where any Tom, Dick and Harry may ho it. a position to plunder them with taxes- Why not incorporate two or three adjoining rice plantations ou the coast, having 1,000 hands! To incorporate these fuc torlos would be a dead lottor. Cotton mill men would control the property. They go into business to make money, not, to found cities, if operatives are offensive why should they not ho told to go. These gentlemen upon the lloor who employed huuds, he guaran teed, wished to have the privilege of telling them to "go" if thoy wore offensive. A voice?They do it. Mr. Tillman?Of course they do. The speaker then turned to the prop osition to establish a bureau of labor, with a labor commissioner What wouiu that commissioner do, he asked, except go among operatives and toll thorn thoy wo'"o not being paid enough, and invite them to strike. Up North there were hundreds of tramp orators who got. ?ood wages just to go around and stir up strife. Thoso agitators do nothing hut harm. Mi* Tillman hoped that the sections carefully prepared by the committee would he adopted, lie moved to lay all tho amendments ou the table. This motion was withdrawn in order to per mit further debate. Mr. B. It. Tillman followed bis brother. Ho said the legislature could not be trusted to protect this class of factory employees. The in fluence of the lobby with the paid at torneys on the lloor defeated tho in corporation of Blich towns. He would rather capital stay away than come beve against the liberty of tho citizen. it was not proposed to overtax the factory ; their properly would bo pro- j tocted, but the object of this was that when South Carolina became ttie Mas sachusetts of the South, and it was at tempted to impose upon these employ ees and drive them out, the employ ees would have the power put here I onabling them to (ix municipal govorn ' ir,eut. on thoso towns, Mr, Henderson renewed Mr. G. I). Till man's motion to lay on the table all amendments, Mr. McGowan was permitted to speak. This was class legislation of the rankest sort. It would be inopera tive according to the arguments of it.-, friends, because if the mill men control the bands now, they would control them th ?0, but a most serious feature in the measure wits that it would enable dispensaries to he established in those towns, and ruination would inevitably follow. Mr. W. D. Evans How could they do it when all the buildings belong to the franchise V Mr. MeCuwan?You propose to make it a corporation, sir. Mr. Tillman ?By your argument they would elect the mill president major, and if he said so vote against the dis peusary. How about that? Mr. McCowan?l was using there your argument. Do you believe it would ho well to have dispensaries in those towns? Mr. Tillman?Answer my question. Mr. Mc' lowan?i follow your ohm, and ask one in answer to one. Mr. Tillman (from his soatj?No. Mr. Johnstone, in alluding to Senator Til I man's reference to tho Legislature, said it was shocking, pitiful, miserable that such uu estimate of tho Legisla ture of South Carolina should be held as had boon expressed on that floor, if ho had BUOh an opinion of that oody it OOUld not give him an ollico. If factories can dobauob the Legisla ture, let's abolish factories or the Leg islature. If there exints the power of debauchery let's cut out the cancer. Tho factory ollioors hail told him they did not wish to bo incorporated beoaUSO they did not wish whiskey put upon them. The principle of local self government will he violated by this amendmont by tho gemloman from Kdgetlold as much as he claims the factory presidents violate it. Mr. Tillman-?Why aro other towns much smaller incorporated? Mr. Johnstone -If other towns wish it they got it. 1-iOok at the expense of a municipal government: if thoy do not wish it why thrust it uponthom. Mr. G. D. Tillman (from his seat) ? The euro is worse than tho bite. Mr. Johnstone continuing ?" Kxcept tho imperious will of the gentleman from rCdgoflold, there is no ovldonco that those people wish to lie incorpor ated." Mr. Tillman ?lOxcopt that all other tow in. nave It and excopt that thoy have not got it. Mr. Johnstone?Kxcept that tho gen tleman from Kdgolield admits that they have never askod for it. Ho cannot osoape tho predicament in which he has placed himsolf. Thoro aro 50,O0U factory people in South Carolina. He I charges that thoy are controlled by employers. , If that is so, God help tho rest. I deny the imputation upon j them. Mr. Henderson said he had examined ! all the constitutions of States in this Union, und was unable to find where compulsory incorporation was legal. Tho question was then called, and Mr. George D. Tillman's motion to lay all amendments on the table was car ried by a vote of 93 to 44. as follows : Yeas?Aldrlch, Asho, Atkinson, Aus tin, Barker, Barton, Bates, Behre, Bel linger, Berry, Bowen, Brea/.ealo, Briee, J. S.; Briee, T. W.: Buist. Byrd, Clayton, Cooper, DoBay, Dennis, Dent, Douglass, Doyle, Ellorbo, Evans, W. D.: Farrow, Field, Fitch, Fraser, Gam ble, Garris, Gilland, Glenn, J. L; Glonn, J.; Graham, Gray, Harris. Hay, Hayns worth, Hemphill, Henderson, D. S.; Hiera, Howell, Hutson, Jervey, John stone, George; Jones,?.Wilie ; Koitt, Kennedy, 10. J.: Kennedy, J. W.: Klugh. Lee, MoDormotte, McCowan, MeKag en, MeMakin, McWhito, Matthews. Meares. Mitchell. Montgomery. VV. J.; Nathan?. Nicholson. Oliver. Fatten. i-eaae. frince, Uagsdalo, Road, J. 11.: Roadfearn, Rogers, Russell, Sheppard, Sloan. Srualls. Smith, Jeremiah;Smith, R. F.; Smith, VV. C: Smoak, Sprott. Staokhouso, Stribling, Sullivan, Taylor. Tillman, G. D.; Timmormau, Von Koiuitz, W?lls. Whippor, White, A. H; Whito, S. E.j WiggB, Wiggins?-03. Nays?Alexander, Barry, Hobo. Bow man, Burn, Cantey, Carver, Connor. Cunuingham, Dudley, Floyd. Gago. Gary, Gooding, Gunter, Hamel, Har rison. Hondorson, Win.; Honry, Hod ges, Housor, Irhy. Johnston, T. E.; Lownian, McCalla. McCaslan, MeCown. Montgomery, .i. 1).; Moore, Morrison. Otts, Parrott. Patterson, Rosborough, Rowland, Smith. A. J.; Stokes, Talbert, Tillman, B. R.; Waters, Wharton. Wilson. Stanyarne : Wilson. W. B.: Woodward?14. THE RIGHT OF SUFFRAGE. Tito Plan Introduced by Senator Till? mau as Chairman of the SuHVukc Committee. Section 1, All elections by the people shall be by bullot. Sec. 2. Every qualified elector shall be eligible to any oDlce to be voted for. unless disqualified by age. But no per son shall bold two olliccs of honor or profit at the same time except Officers in the militia or notaries public. Sec. 3. Every male citizen of the United States, 21 yea'8 of age and up wards, not laboring under the disabili ties named in this constitution, and possessing the qualifications required by it, shall be a legal elector. Sec. 4. The qualifications for suffrage shall he as follows : a. Residence In the State for two years, in the county one year, in the election district, in which the elector oilers to vote four months, and the payment of a poll tax six months be fore any election : Provided, however, that ministers of tho Gospel in charge of an organized church shall be en titled to vote after six mouths resi dence in the State, if otherwise uuuli fled. b. Registration which shall provide for the enrollment of every elector once In 10 years. c. The person applying for registra tion must be able to read and write any section of the constitution or must show that he owns and pays taxes ou $300 worth of property in this State: Provided, That at the first registra tion under this constitution and up to January I, 1S!)S, all male persons of voting age who can read a clause in this constitution or understand and ex plain it when read to them by the reg Istration officer shall be entitled to register and become electors. A sepa rate record of all illiterate persons tuus registered, sworn to by the regis tration officer, shall bfl filed, one copy with the clerk of court and one in the office of the secretary of state, on or before January 1. 1808, and such per sons shall remain during life qualified electors, unless disqualified by the pro visions of section fl of this article. The certificate of tho clerk of the court or secretary of suite shall be sufficient evidence to establish the right of snid class of citizens to registration and the franchise. d. Any person who shall apply for registration after January I, >1808, if otherwise qualified, may bo registered: Provided, 'flint he Can both read and write any section of thio constitution or can show that he owns and has paid taxes during the previous year on prop erty in this State assessed at &.IUU or more. e. Managers of election shall require Of every elector offering to vote at any election, before allowing him to vote, proof of the payment of all taxes, in cluding poll tax, assessed against him for the previous year. f. Registration certificates when lost shall bo ronowod if the applicant is qualified under the provisions of this Constitution, or if he. has been regis tered as provldod in sub jection l,o. See. ">. Any person denied registra tion shall have the right to appeal to any and all courts of this State to do ti rinino the question under the limita tions imposed in this article, and the general assembly SOall provide by law for the correction of illegal or fraudu lent registration and the punishment ot tin- same. See. ?'?. Tho following persons are disc]uuliHod from being registered or voting : First. Persons convicted of burglary, theft, arson, obtaining goods or money under false pretenses, perjury, forgery, robbery, bribery, adultery, embezzle ment, bigamy, or crimes against the elootion laws: Provided, That the par don of the governor shall remove such disqualifications, Second. Persons who are idiots, in sane, paupers supported at the public expense, and persons confined in any public prison. Sec. 7. For the purpose of voting no person shall be deemed to have gained or lost a residence by reason of Iiis ab sence while employed in the service of the. United Slates, nor while engaged in tho navigation of the waters of this State, or of the United States, or of the I) lg II SOUS. .See. 8. The general assembly shall provide for the registration of all qual ified electors, and shall prescribe tho manner of holding elections and of as eortuining the results of the same . Provided, That oaob of the two parties casting tho highest number of votes at tho preceding election shall have representation on the board of man agers at oaeh precinct, and on the board of eounty canvassers in oaeh county. bee. 9. Tho several counties in the Stato shall be divided into election dis tricts, with ono precinct in each of tho same at which alone tho voter regis tered for that precinct can cast his ballot . Provided, That a voter may he transferred from one election district to another. 800. 10. Tho general assoinbly shall provido by law for the holding of party primary oloctions and punishing fraud 1 at tho same. 1 Seo. 11. Tho registration books shall 1 close at 1 .".ast 30days heforo an election, 1 after which transfers and registration shall not bo legal, oxoopt as to persons coming of ago in tin; interim. Sec. 12. Electors in municipal elec-v Hons shall possess all the t^tuliticatloj>$ horein prescribed. Sec. 13. At any special eloction in in corporated cities and towns of this State (or tao purpose of bonding the same or for the raising revenue all resident owners of property in said cities and towns of the assessed value of $200 who are qualified electors under this constitution shall alone heoutitlod to vote. At such election the voter shall produce a receipt for all taxos, count)', State and municipal, for the previous your as evidence of his right to vote. ? Sec. 14. Electors shall in all oases except treason, felony or a breach of tho peace be privileged from arrest <m the days of election during thoir at tendance at the polls and going to and reluming therefrom. Sec. 15. No power, civil or military, shall at any time interfere to prevent the free exercise of the right, of suf frage. NO MIXED MAHIUAOUS. Iii,- Con volition Sal Down on Itul) smalls?The Negroes Pressed the White Delegates to iho Wall. The day before reeess was taken, the convention took up for considera-' tiou the Sinalls resolution, which added to the section prohibiting tho marriage of a white persou with a negro or a person having one-eighth negro blood, the provision that auy white man cohabiting with a nogrb woman ho disfranchised, that their olTspriug should be legitimatized and allowed to inherit property. Mr. Aldrich moved ty> strike out the ontire section and Indefinitely post pone all amendments to it. He .-aid - that tho convention had already wasted a great deal of time discussing qiiestii>ns that had no place .in t he e< StitUtlon. This, among othcrj^|> ? matter purely for statutory r<"^rfiUion Is miscegenation more hcj^Cus than any other crimeV If you regulate" one crime in the constitution yh\ not all V <&here is j.i<j^ioiUlj.e^di^-ni)i; for this crime to he especially considered now. Mr. Wigg (colored) agreed that this matter had no place in the constitu tion, but it was wrong in the first place to briny this section in as an insult to the colored people of the State, and he was glad that it had come home to roost to the while peo ple. He went on to Bay that while visiting Chicago he had seen a lino equippuge drive by on the streets w ith two liveried white nu n on the box. in it sat a white woman and by her side a negro as black as the ace of spades. This did not horrify anybody and was an every day occurrence in the North and West. He went on to say that the sentiment of love was placed in man by Cod Almighty, and if a white man married a negro woman no man dared to put them usuudor. Mr. .lohnstone said that the real purpose of the amendment offered by tho Beaufort doiogat? a was to allow negroes to marry w hi to women and to compel this while Convention to grant their amendment or put them in an embarrassing position. He for one was not in favor, positively and em phatically, of bc'iir: driven into any such position. Mr. Smalls denied that any such thing was over intended, lie was as much opposed to Intortnurriago as any man. Mr. .lohnstone continuing said that God Almighty novor Intended the marriage of a white man and an Afri can, and he moved to lay all amend ments to the section mi the table. Tom Miller said that lie was per fectly willing to koop Ha: races apart as far as mari'iago relation is con cerned. Hi' never wantod such a thing. Mi-. Johnstono, in order to avoid t! e possible supposition that ho .was mak ing an exception, withdro.v hi.- motion to table so as to allow Senator Tilltnun to speak, although ho thought tho subject had boon sullleiontl) discussed. Mr. B. It. Tilliuan believed that If an indiscreet act had been committed, the gentleman from Barn well (Mr. Aidrloh) was responsible for it in try ing to obliterate section .'U. The quos tion was hero; should wo not moot it like men? Whether the committee Wils wise m bringing in the section he would not say. If we pass a law mak ing it unlawful for intermarriage id the races, we cannot, in common justice refuse to punish a white man forth bauchIng a negro woman. Uo olVoi this amendment sind substitute, the amendment to follow section I : "And the parties to such marriage, upon conviction, shall be punished as the general assembly muyvjii'oscribo'.'' " Section ;{?"). Any white person who shall live and cohabit with a negro or mulatto, or person who ha . .my negro blood, shall bo guilty of a mis demeanor, and shall !>? |, inishod as tho general assembly may proscribe.'' We dare not, said Mr. 'i i' man. pub lish it broadcast that after this ques tion has come up wo uro afraid to act upon it. Mi. .lohnstone declared thai his mo tion was ponding, and Mr. TillmanV amendment was outol order, it was so held. Mr. Sligh, as chairman, held that all amendments to the committee's section was out of order : that section .'H ro for red only to marriages : nil amendments dcalinu with other than the marriage state wore 00! portlnont, Mr. G. I). Tillman agreed with Mr. Slight That section had boon copied almost exactly from tho Mississippi constitution, except that in that con.? ttltution marriage with porsons of noro than I hi negro blood was pro hibited ? Ho COllId, he said, give reasons for this of a sclontilic charac ter, hut it would take too Miiiii'. Mr. Tillman said that tho question having boon pi'osontcd hero, it should be acted on. Alluding to the senti ment at tho North, ho declared that we knew nothing about It down here. They looked upon the intcrinarriago of races as natural, ami he supposed wo would he forced to shake them up therein this matter. Public SOOtb mont was indicated when the last census for New York State showed that 1,300 white, women were wives of negro men. He had seen whito girls waiters in MassaohUSSOtts kinder orders of a negro head waitor. lie hod soeo ?a sad sight?a pretty girl, evidently with gentle blood in hor veins, but who had become poor, married '<> R negro, and with two mulatto children Ho cited tit ;se things to show our ignorance of Northern sentiment. Mr. Tillman then movod to lay all pending amendments on the This was carried with little opposition by a viva VOCO vote, the Convention not seeming to real I/o that thoy thus disposed of the t'ooper amendment to Smalls' amendment, which they adopt ed the night previous after a lengthy debate by a vote of 10,1 to22, and Which roads as follows : " And that any white person who shall live and cohabit with a negro or mulatto or person who shall have one-eighth or more of negro (.blood shall he dis qualilied from holding any otuOO Of emolument or trust in this State." [CONTINUED ON fOUKTH HAOK.J