Journal of the House of Representatives of the State of South … · 2019. 4. 30. · journal 2 house()f representatives state or wn". extraession s of 1s65. columbia,s. c. : "lian

JOURNAL

2

HOUSE ()F REPRESENTATIVES

STATE or wn".

EXTRA SESSION OF 1s65.

COLUMBIA, S. C. :

"LIAN A SELEY, PRINTER To THE STATE,

1865.

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2-2. 2. 1st

\% (o's

e.x. $." ~ 5,

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JOURNAL

|HOUSE OF REPRESENTATIVES

| * or south CAROLINA.

EXTRA SESSION,COMMENCING O6'TOBER 25, 1865: .

WEDNESDAY,OCTOBER 25, 1865.

Pursuant to the Ordinance of the Convention,ratified 27th day of Sep--

tember, A. D. 1865, entitled “An Ordinance to provide for the firs:

ensuing election of Governor and Lieutenant-Governor,and for Memberg.

g- of the first£ General Assembly of the State of South Carolina,” the,

& Members of the House ofRepresentatives of the several Election Districts,

of this State,assembled in the College Chapel, in the city of Columbia.

# this day, at 12 o'clock M. y mb13.

& On motion of Mr. A. P

|

: ALDRICH, Mr. J. Harleston Read, a Member.elect from Georgetown District was called to the Chair; when John T.

Sloan, Clerk of the late House of Representatives,commenced a call &#

.. ; the Members of the House ofRepresentatives by Election Districts,

whess

the following gentlemen appeared,produced their credentials,

we 2:.

by the Chair, and took their seats:* , were sworx.

From Abbeville District: Messrs. A. C. Haskell, J. W. Heaist. W. A.* Lee, R. A. Fair. - - - - earst, W. A

* ... From Anderson District: Messrs. B. F. Crayton,# Wright, Wm.Henry Trescot. T. H. Russel, R.N

Se'. V. -

#

.

639519

| WEDNESDAY, OCTOBER 25, 1865.

From Barnwell District: Messrs. J. J. Ryan, A. P. Aldrich, W. B.

Flowers.

From Beaufort District: Messrs. Leroy F. Youmans, Alfred M. Martin.

From Berkeley District: Messrs. G. E. Manigault, T. P. Mikell.

From Charleston District: Messrs. John A. Wagener, F. Melchers,

Charles H. Simonton, Rudolph Siegling, John Hanckel, Wm. J. Gayer,

W. E. Mikell, P. J. Coogan. -

From Clarendon District : Mr. John P. Richardson. -

From Chester District: Messrs. W. A. Walker, T. A. Lipsey, T. C.

Howze.

From Colleton District: Messrs. C. B. Farmer, David Gavin.

From Darlington District: Messrs. D. C. Milling, F. F. Warley, J. L.

Coker.

From Edgefield District: Messrs. Luke Culbreath, M. C. Butler, M. L.

Boraham, B. M. Talbert. Thomas Jones.

From Fairfield District: Messrs. W. J. Alston, Jas. R. Aiken, B. E.

From Georgetown District: Mr. J. Harleston Read.

A rom Greenville District: Messrs. W. H. Perry, John H. Goodwyn,

Henry P. Hammett, Wm. P. Price. *

From Kershaw District: Messrs. W. L. De Pass, W. Z. Leitner.

From Lancaster District: Messrs. B. R. Clyburne, William A. Moore.

From Laurens District: Messrs. B. W. Ball, George Anderson, R. P.

Todd, M. M. Hunter.

From Lecington District: Messrs. F. S. Lewie, E. S. J. Hayes.

From Matrion District: Mr. W. S. Mullins. -

From Newberry District: Messrs. C. H. Suber, Ellison S. Keitt, A. C.

Garlington.

From Orangeburg District: Messrs. W. F. Barton, A. S. Salley.

From Pickens District: Messrs. W. C. Keith, W. K. Easley, Jos. J.

Norton, R. E. Bowen.

From Riehland District: Messrs. Wm. Wallace. Wm. H. Talley, Edwin

J. Scott, Wm. K. Bachman. *

From Spartanburg District: Messrs. John W. Carlisle, A. B. Woodruff,

David R. Duncan, Gabriel Cannon, Alexander Copeland.

From Sumter District: Messrs. A. A. Gilbert, John T. Green, John S.

Richardson, Jr.

From Union District: Mr. A. W. Thomson, Jr. -

From Williamsburg District: Messrs. Jas. F. Pressley, P. C. Dozier.

From York District : Messrs. A. S. Wallace, J. W. Rawlinson, A. B.

Springs.

"#"he CLERK announced that a quorum was present. . .

&On motion of Mr. TRESCOT,

*

-

Ordered, That the House do now proceed, viva voce, to the election of

Speaker, and that two Tellers be appointed to conduct the election.

Whereupon Messrs. Warley and Jas. R. Aiken were appointed.

l

t

WEDNESDAY, OCTOBER 25, 1865. 5

The Members then proceeded to vote, viva voce, for Speaker, whén it

appeared that the following named persons voted for Mr. A. P. Aldrich: , ,

Messrs. Haskell, Hearst, Lee, Fair, Crayton, Russell, Wright, Trescot.

Ryan, Flowers, Youmans, Martin, Manigault, Wagener, Melchers, Simon,"

ton, Siegling, Hanckell, Gayer, W. E. Mikell, Coogan, J. P. Richardson

Walker, Lipsey, Howze, Farmer, Gavin, Warley, Culbreath, Butler, Bort

ham, Talbert, Jones, Mullins, Alston, Aiken, Elkins, Perry, Goodwyn.

Hammett, Price, DePass, Leitner, Clyburne, Moore, Ball, Anderson,

Todd, Hunter, i.ewis, Hayes, Garlington, Suber, Keitt, Barton, Salley,

Keith, Easley, Norton, Bowen, Wm. Wallace, Talley, Scott, Bachman,

Carlisle, Woodruff, Dunkin, Cannon, Copeland, Gilbert, Green, John S

Richardson, Jr., A. W. Thompson, Jr., Pressley, Dozier, A. S. Wallace,

Rawlinson, Springs, Read. " ; , , , , , , . . . . .

Mr. Milling voted for J. Harleston Read. - - - - -

RECAPITULATION OF WOTE FOR SPEAKER.

For A. P. Aldrich. . . . . . . . . . . . . . . . . . . ......... *

For J. Harleston Read. . . . . . . . . . . . • - - - - - - - - - - - - - - - - - - - . . . . . .... ... 1

Whole number of votes................................. . . ... se

Necessary to a choice...................... • * * * * * * * * * * * * * *, *. ... • ... 4:

Mr. A. P. Aldrich, one of the Representatives from Barnwell District,

having received a majority of all the votes given, was declared by the

Chairman duly elected Speaker of the House of Representatives.

Whereupon Messers. Mullins, Wagener and Trescot were appointed a

Conmittee to wait upon the Speaker elect, and inform him of his election,

who shortly after entered the Hall, and conducted Mr. Aldrich to the

Chair, who addressed the House as follows:

Gentlemen of the House of Representatives:

This renewed expression of your esteem and confidence commands m.

warmest gratitude. On returning to the duties of the Chair, I can ba'

show my appreciation of your trust and kindness by administering til

office as I have heretofore done—justly, courteously and impartially. T

be successful, however, you must give me your generous support an

steady co-operation. My experience here teaches me that without Your

aid, the rules, although admirably framed for the despatch of business

and the preservation of order, cannot be successfully applied unless the

Chair is heartily sustained by the floor. I confidently rely upon your aid:

We find ourselves amidst the most extraordinary circumstances. The

State is utterly prostrate; more than two-thirds of its territory has bee:

devastated. Charleston, the brave old city, has been nearly ruined ;

Columbia—you all see the melancholy remains of this once beautiful city.

From the seaboard to the mountains, the homes of the white man, the

cabins of the black man, the plantation buildings, the mills, the shops, the

machinery, the crops, the agricultural implements and the fences have beef,

given to the devouring flames. The horses, mules, flocks and herds, and

stock of every description, have been driven off. Our organized systern

of labor, which has been successfully employed for more than a century.

has been violently and suddenly broken up. Without money, without

-

ź.#

|*

. VVEDNESDAY, OCTOBER 25, 1865.

FWIUEBB, 8-115l_Wit1_1 only a scanty supply of provisions, your best wisdom,

nurmost I_!&t1€_3nl71!1F.lllSt1;1y, your largest patriotism, will be severely taxed.

"snake this disorganize labor avai1able~—or, indeed, to make it work at

fll, as the most diflicult and delicate question that has ever been presented

a‘§eo(ple. _ You thus see that no Legislature _has ever assembled in

.5out _ a_rol_1na which has had thrown upon xt higher duties and larger

:1-esponsibihties. I trust you W111 bring to the performance wisdom, patience,

.:V:_ea1 and industry. Let party divisions be forgotten, let personal aspira

;t1ons for the ‘time cease, and let us all, looking to God, try to do our duty

as becomes men and patriots, to advance the interest and prosperitv of our

beloved State. '

'.Gentlemen, the Chair is ready for the reception of business.

Titre .Constitutional oath of oflice was then administered to the Speaker

.‘‘ iry thai(-lhainnan. _

_ The House hthen proceeded to the election of a Clerk, viva race.

' Messrs. Simonton and Russell were appointed Tellers.

‘The vote having been taken, it appeared that the following named Mem

I Fibers voted for John T. Sloan :

."*1\Iessrs. Haskell, Hearst, Lee, Fair, Crayton, Russell, Wright, Trescot,

Sifiyan, Flowers, Youmans, Manigault, J. P. Mikell, Wagoner, Melchers,

zifiimenton, Siegling, Hanckel, W. E. Mikell, Coogan, J. P. Richardson,

Lipsey, Howze, Farmer, Gavin, Milling, Warley, Culbreath,

‘fiiiutler, Bonham, Talbert, Jones, Mullins, Alston, Aiken, Elkins, Perry,

tfioodwyn, Hammett, Price, DePass, Leitner, Clyburne, Moore, Ball, An

Crlerson, Todd, Hunter, Lewie, Hayes, Garlington, Suber, Keitt, Barton,

ifialley, Keith, Easley, Norton, Bowen, Wm. Waflace, Talley, Scott, Bach

uman, Carlisle, Woodruff, Duncan, Cannon, Copeland, Gilbert, Green, J.

Richardson, J12, A. VV. Thomson, Jr., Pressley, Dozier, A. S. Wallace,

'.''3}.awlinson, Springs. _

John T. Sloan having received seventy-nine votes, the whole number

",_rQj1ecl_,"tl)e Speaker announced that John T. Sloan was elected Clerk of the

.-Manse of Representatives, and administered to him_ the Constitutional

=."|'$2£$kL1O.f.'-f_‘filCfi- _ _ V ‘

KEITT introduced the following resolution:

Resolved, That -.1 Committee of three be appointed to wait upon his

Excellency Gov. Benj. F. Perry, and inform him that a quorum of this

torly has assembled, that they have oiganized by the election of Hon. ‘A.

P. Aldrich as their Speaker, and that they are now ready to receive any

Bmmunication-he may be pleased to make.

‘whioh was considered immediately, and was agreed to.

Whereupon, the SPEAKER appointed the following gentlemen of the

Iommittee : Messrs. Keitt, Trescot and Simonton.

llfr;_TVA;RLEY introduced the following resolutions, which were ordered

fisr. c.onlsideration to-morrow : '

-7.'t'?es'olverl, That his Excellency the President of the United States is

~eea:mestly entreated by this General Assembly to remove all colored troops

fix the limits-of the State of South Carolina.

-

WEDNESDAY, OCTOBER 25, 1865. 7

Resolved, That the Governor be requested to communicate these resolu

tions to his Excellency the President. _,

Resolved, That these resolutions be sent to the Senate for concurrence

Mr. MULLINS introduced the following resolution, which was consi

dered immediately, and was agreed to :

Resolved, That the Rules adopted by the House of Representatives in

the year A. D. 1860, be adopted as the Rules of this House.

Mr. W. E. MIKELL introduced the following resolution, which was

considered immediately, and was agreed to : K

Resolved, That the realrlesentatives of the press, be invited to occigy

seats upon the floor of 's House, and that the State House Keeper e

instructed to prepare suitable accommodations for them.

Mr. SIMONTON gave notice that, to~morrow, he will ask leave to intro

duce

A Bill to provide for the election of Members of Congress for this State.

The House then proceeded to the election, viva roce, of a Reading Clerk.

Messrs. Price and Ball were appointed Tellers.

The vote having been taken, it appeared that the following named

Members voted for Hugh L. Farley, viz :

Messrs. Haskell, Hearst, Lee, Fair, Russell, Wright, Walker, TVarley,

Culbreath, Butler, Talbert, Jones,Elkins, Perry, Hammett, Price, DePass,

Leitner, Clyburne, Moore, Ball, Anderson, Todd, Hunter, Lewie, Hayes,

Garlington, Suber, Keitt, Keith. Easley, Norton-, Bowen, Wm. Wallace,

Carlisle, W'oodruff, Duncan, Cannon, Copeland, 'Thomson, Pressly,

Springs.

The followingnamed Members voted -for-Henry Sparnick, viz :

Messrs. T. P. Mikell, Wagener, Melchers, Simonton, Siegling, W. E.

Mikell, Ooogan, Millin , Goodwyn, Barton, Salley, Dozier.

The following namedllllembers voted for W. S. Lance :

Hon. A. P. Annmcn, Speaker ; and Messrs. Trescot, Youmans, Martin,

Manigault, Hanckel, J. P. Richardson, Lipsey, Farmer, Gavin, Midlins,

Read. ' '

The following named Members voted for T. Dargan :

Messrs. House, Jas. R. Aiken, Scott, Bachman, Gilbert, Green, J. S.

Richardson, Jr., A. S. Wallace. .

The following named Members voted for J. J. McCunts':

Messrs. Cmyton, Ryan, Flowers; Bonham, Alston, Talley, Rawlinson.

nncsrrromrrou or Tun vorn roe nn.u>1.\'e~or.n1u;. . _ .

For Hugh L. Farley. . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

For Henry Sparnick. . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

For W. S. Lance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12

For T. Dargnn, ._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

For J. J. McCu'nts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7

Whole number of votes given. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Necessary to a choice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

8 WEDNESDAY, OCTOBER 25, 1865.

Hugh L. Farley, having received a majority of all the votes given, was.

declared duly elected Reading Clerk of the House of Representatives,

}:" the SPEAKER administered to him the Constitutional oath of

Office. - - - • *

The House then proceeded to the election, vica voce, of a Messenger.

Messrs. Keith and Gayer were appointed Tellers. * * *

The vote having been taken, it appeared that the fellowing named Mem

bers voted for A. P. Nicholson : . - - - - " . . . . . - *

Hon. A. P. ALDRICH, Speaker; and Messrs. Haskell, Hearst, Lee, Fair,

Crayton, Russell, Wright, Trescot, Ryan, Flowers, Manigault, T. P. Mi

kell, Lipsey, Howze, Culbreath, Bonham, Talbert, Jones, Perry, Good

wyn, Hammett, Price, Ball, Todd, Hunter, Suber, Keitt, Easley, Norton,

Bowen, Duncan, Copeland, Pressley, Dozier, A. S. Wallace, Rawlinson.

The following named Members voted for J. H. Boatwright:

Messrs. Youmans, Wagener, Melchers, Simonton, Siegling, Hanckel,

Gayer, W. E. Mikell, Coogan, J. P. Richardson, Farmer, Gavin, Milling,

Warley, Mullins Alston, J. R. Aiken, Elkins, DePass, Anderson, Lewie,

Hayes, Garlington, Keitt, Barton, Wm. Wallace, Talley, Scott, Bach

man, Woodruff, Gilbert, Green, J. S. Richardson, Jr., Springs, Read,

Coker, - -

Messrs. Leitner, Clyburne, Moore and Carlisle, voted for Mr. McGregor.

Messrs. Butler and Thomson voted for Mr. Sosnoski. -

| ||

RECAPITULATION OF THE VOTE FOR MESSENGER.

For A. P. Nicholson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * . . . . . . . . . . . . 37

For J. H. Boatwright. . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * 36

For Mr. McGregor. . . . . . . . . . . . . . . • • • • * * * * * * * * * * * * * * * * * * * * * * * * * * * 4

For Mr. Sosnowski. . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2

Whole number of votes given. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79

Recessary to a choice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

No candidate having received a majority of the whole number of votes

given, there was no election.

The House proceeded to vote, viva voce, a second time for Messenger.

The vote having been taken, it appeared that the following named

Members voted for J. H. Boatwright : -

Messrs. Youmans, Wagener, Melchers, Simonton, Siegling, Hanckel,

Gayer, W. E. Mil: il, Coogan, J. P. Richardson, Farmer, Gavin, Milling,

Warley, Jones, Aiston, J. R. Aiken, Elkins, DePass, Leitner, Anderson,

Hunter, Lewie, Hayes, Keitt, Martin, Salley, Wm. Wallace, Talley, Scott,

Bachman, Carlisle, Woodruff, Gilbert, Green, J. S. Richardson, Jr.,

Thomson, Springs, Read, Coker, Butler, Mullins, Garlington.

The following named Members voted for A. P. Nicholson :

Hon. A. P. ALDRICH, Speaker; and Messrs. Haskell, Hearst, Lee, Fair,

Crayton, Russell, Wright, Trescot, Flowers, Manigault, T. P. Mikell,

Lipsey, Howze, Culbreath, Bonham, Talbert, Perry, Goodwyn, Ham

mett, Price, Clyburne, Moore, Ball, Todd, Keith, Easley, Norton,

Bowen, Duncan, Cannon, Copeland, Pressley, Dozier, A. S. Wallace,

Rawlinson, Suber, Ryan.

WEDNESDAY, OCTOBER 25, 1865. 9‘a

~§

RECAPITULATION OF THE VOTE GI'V1§ -FOR MTESSEXGER. .

For J. H. Boatwright . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

For A. P. Nicholson. . . .' . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . 38

Whole number of votes given . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . 81

Necessary to a choice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 41

Mr. J. H. Boatwright having received a majority of all the votes given,

was declared duly elected, and the SPEAKER administered to him the

Constitutional oath of oflice.

A message was received from the Senate by the Clerk, informing the

House that a quorum of the members had met, had elected F. J. Moses,

Esq., President p1'0iemp0re,- W. E. Martin, Clerk; A. D. Gaillard, Mes

senger; Dubosq Eggleston, Door-keeper ; and was now ready to proceed to

b . ' .usmess _

On motion of Mr. SIMONTON,

Ordered, That a message be sent to the Senate by the Clerk, informing

that body that a quorum of the House oi Representatives had assembled,

had elected A. P. Aldrich, Esq.,' Speaker; and John T. Sloan, Clerk;

Hugh L. Farley, Reading Clerk; J. H. Boatwright, Messenger; C. M.

Gray, Door-keeper ; and is now ready to proceed to business.

The House then proceeded to the election, -viva race, of a Doorkeeper.

Messrs. Haskell and Talley were appointed Tellers.

The vote having been taken, it appeared that the following named Mem

,bers voted for C. M. Gray : '

Hon. A. P. AnnmcH, Speaker; and Messrs. DePass, Leitner, Clyburne,

Moore, Anderson, Hunter, Lewie, Hayes, Garlington, Suber, Keitt,

Keith, Easly, Norton, Bowen, Carlisle, Woodruff, Duncan, Cannon, Cope

land, Gilbert, Green, J. S. Richardson, Jr., Thomson, Pressley, Haskell,

Hearst, Lee, Fair, Cra ton, Russell, Wright,_ Trescot, Ryan, Flowers,

Manigault, T. P. Mikell, llanckel, Gayer, Walker, Lipsey, Howze, Farmer,

Gavin, Warley, Culbreath, Butler, Bonham, Talbert, Jones.

Messrs. Dozier, A. S. Wallace, Rawlinson, Springs, Read, Coker,

Yonmans, Mullins, Alston, J. R. Aiken, Elkins, Goollwyn, Hammett,

The following named Members voted for James Wi‘ulsor :

Messrs. Wagener, Melchers, Simonton, Siegling, VV. E. Mikell, Coogan,

J. P. Richardson, Milling, Perry, Ball, Todd, Wm.W'a1laoc, Talley, Scott,

Bachman.

RECAPIPCLATION or vorn FOB noonnnnrm‘.

For C. M. Gray. . . . . . . . . . . . . . . . . . . . . . .._ . . . . . . . . . . . . . . . . . . . . . . . . .1 65

For James Windsor. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Whole number of votes given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80

Necessary to a choice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

C. M. Gray, having received a majority of all the votes given, was

declared duly elected Doorkeeper, and the SPEAKER administered to him

the Constitutional oath of oflice. ,

Q

10 THURSDAY, OCTOBER 26, 1865. .4

On motion of Mr. HANCKEL,

Ordered, That when the House adjourns, it be adjourned to meet to

morrow at 12 o’clock M. '

On motion of Mr. GILBERT, the House was adjourned at hali~past 3

o’clock P. M.

THURSDAY, OCTOBER 26, 1865.

At the hour to which the House was adjourned, the Clerkcalled the roll,

when the SPEAKER took the Chair, and a quorum being present, the

Journal of yesterday’s proceedings was read.

The following Members attended, produced their credentials, were

sworn, and took their seats : 0

From Abbeville District: Mr. D. Vfyatt Aiken. A

From Berkele_‘/ District: Messrs. J. C. McKewn, J. J. Browning, John

G. Gaillard.

From Beaufort District: Mr. W. F. Hutson.

From Charleston District: Messrs. J. M. Eason, Theodore G. Barker, F.

Porcher, John T. Milligan, J. M. Mulvaney. _

From Golleton District: Messrs. Hugo G. Sheridan, Wflliam Stokes.

From C/‘esteajfield District: Mr. Samuel W. Evaais. '

From Edge;/ield District: Mr. John Landrum. ' " '

J.

' From Georgetown District: Messrs. A. J. Shaw, J. R. Sparkman.

From Horry District: Mr. Joseph T. VValsh; -

From lllarion Disi7‘icl: Messrs. R. F. Graham, E. T. Stackhonse.

From llfarlboro District: Messrs. T. C. Weathei'ly, Harris Covington.

From Orrmgeburg Dc'sfrc'ct: Mr. F. M. Wannamaker.

F5-om Union District: Messrs. T. N. Dawkins, Charles Petty.

The SPEAKER then proceeded, under the Rule of the House, to call for

petitions, memorials‘,. presentments of Grand Juries, returns of Commis

sioners, and such like pa ers, in the order of Judicial Districts, commencing with the Judicial IDistrict of Abbeville. ..

Mr. WAGENER presented a communication from J. VV. Brownfield,

Clerk of the Court of Common Pleas for Charleston District, in relation

to the vacancy which-has been caused in said office; whion was referred to

the Committee on Oflices and Oflicers. ‘ ' -

Mr. WEATHERLY introduced the petition of P. McCall, Clerk,

praying that an Act ma be passed authorizing him to prepare a new J1n'y

List, and draw a Jury therefrom for Marlboro District; which was referred

to the Committee on the Judiciary. I V '

The SPEAKER called for resolutions, bills and motions, in the order ofJudicial Districts, commencingiwith Abbeville District.

/

‘‘-V.‘.-V-__

THURSDAY, OCTOBER 26, 1865. 11

Mr. HASKIILL introduced the following resolution, which was con

sidered immediately, and was agreed to: _

Resolved, That a Special Committee of three be appointed, on the part

of this House, to inquire whether a more suitable place can be procured

for the meeting of this General Assembly; and that a message be sent to

the Senate, requesting that body to appoint a similar Committee, to act

with the Committee of this House.

Whereupon, the SPEAKER appointed Messrs. Haskell, Simonton and

J. P. Richardson of the Committee. .

Mr. KEITT, from the Special Committee appointed to wait upon his

Excellency, Gov. Benj. F. Perry, reported that they had performed that

duty, and that his Excellency would communicate with this House, this

day, at 1 o’c1ock P. M. .

Mr. '1‘. P. MIKELL introduced the following resolution, which was

considered immediately, and was agreed to:

Resolved, That the proceedings of this House be opened with prayer,

and that the Clergy of this city be invited, by a Special Committee 0 three,

to perform that duty.

Whereupon, the SPEAKER appointed Messrs. T. P. Mikell, Hana-kell

'nd Scott of the Committee. -

Hr. SI1'[ON'1'ONintroduoed the following resolutions: Be it '

Resolved, By the Senate and House of Representatives, now met and

sitting in General Assembly, that an election for four Members of the

House of Representatives in_ the Congress of the United States for this

St'te shall be held, and the same is hereby ordered to be held on Wednes

day, the day of November next, to be conducted by the same Mana

gers, and in the same manner as the last election for Members oi’ the

General Assembly; and the person having the greatest number of votes

in any Congressional District shall be the Representative of that District,

in the Congress of the United States.

That the said Managers of Elections, throughout the State, shall give

public notice of such elections, and, on the day indicated, shall open sepa

rate polls, at their respective precincts, for eac 1 of said elections, and shall

conduct the same, in all respects, in accordance with the laws and usages

of this State. ' _

That, immediately after closing the polls, the Managers shall count the

votes polled, andiafter making returns thereof, showing the number of

votes polled for each person, shall certify the same under their hands, and

appoint one of their number to carry such returns, with a list oi the

voters, and the ballots by them taken, and report the same to the general

meeting of the Managers of the District ; which general meeting shall be

hefil at the Court House of the District on the day following the election.

That the Managers, when so assembled in general meeting, shall keep

'll account, in writing, of the number of votes which each person voted

for shall have, and shall also transmit to his Excellency, the Provisional

Governor, with the ballots, a duplicate of the said account.

12, THURSDAY, QCTOBER 26, 1_8t}5.

That the said’ Managers shall, immediately after said meeting, transmit

the ballots by them respectively taken to Columbia, safely and securely

enclosed in paper, sealed, and appropriately endorsed, by a messenger, to

be by them appointed for that purpose, who shall be by them sworn to

deliver, and who shall deliver the same, with the.seal.s unbroken, to the

Secretary of State, at Columbia, who shall deliver them to his Excellency, .

the Provisional Governor. _

That his Excellency, the Provisional Governor is requested to cause the

said returns to be publicly opened, examined, and counted in his presence,

at Columbia, by three or more Commissioners, to be by him and under his

hand and seal appointed for that purpose, and to ascertain the number of

votes' given at the said election for any person, and what four persons shall

have respectively the greatest nu.mber,of votes in the several Congressional

Districts, azrd|to deposit the original poll of each of said Districts in the

-oflice of the Secretary of State. And after having ascertained what four

persons are elected, -as‘ before directed, he is requested to give notice, by

proclamation, that these persons have been duly elected Members of the

House of Representatives in the Congress of the United States.

That the messengers herein provided shall be entitled to receive, out of

the Treasury of the State, a compensation equal to five dollars per diem,

and twenty cents per mile, going to and returning from Columbia—the

number of days and miles to be ascertained by the Secretaiy of State,

who shall certify pay-bills therefor. ‘

That the Clerks of the Senate and of the House of Representatives shall

order one thousand copies of these Resolutions to be immediately printed,

and shall forthwith distribute the same to jhe Managers of Elections

throughout the State. _ ‘

Which were considered immediately, and were referred to a Special

Committee of one member from each Congressional District.

Whereupon, the SPEAKER appointed Messrs. Simonton, Dawkinr,

Weatherly and Fair of the Committee.

Mr. SIMONTON introduced the following resolution, which was con

sidered immediately, and was agreed to: .

Resolved, That two hundred copies of the Rules of ‘this House be

printed in pan1p_h1e'-:. form, for the use of the Members of the House.

Mr. WABLEY introduced the following resolution, which was ordered

tobe laid on the table : V

HRes0IvecI, That a Message be sent to the Senate, inviting that body t-Q

unite with this House, to-morrow, at 1 o'clock P. 1\[., in an election for

one Senator, to represent the State of South Carolina in the Senate of the

United States. ' - '

Message No. 1 was then received from his Excellency, Benj. F. Pa 1-f-'73,

Provisional Governor, and was read by his Private Secretary, Wm. H,

Perry, Esq. '

‘-

' THURSDAY, OCTOBER 26, 1865. 13

MESSAGE NO. 1.

' Exncrrrrvs DEPARTMENT Scum CAROLINA,

Ocronm 2;, 1865.

To lhe Honorable the Senate and House of Representatives :

GENTLBMEN : You have convened, in extra session, by order of the late

Convention, for the p1n'pose of considering the new and extraordinary

condition of our State, and providing, by wise and proper legislation, for

the welfare and best interests of South Carolina. As Provisional Gover

nor of the State, and in the absence of the recently elected constitutional

Executive, I consider it my duty to address you on the present occasion,

and recommend for your consideration such measures as, in my judgment,

the interest and welfare of the State require.

Although I have not the honor of deriving my authority, as Chief

Executive of the State, from you, ori the people of South Carolina, yet I

can assure you, in all sincerity, that no constitutional Governor of the

State has ever had your interests, your honor and prosperity more at

heart, or has ever devoted his time and energies more exclusively and

zealously to what he honestly believed would best promote the welfare and

happiness of the State. And I may say, with equal truth, that, although

appointed Provisional Governor over South Carolina, no one has felt more

respect for the majesty of her laws, or been more willing to render

obedience to the sovereignty of her people.

Aiter the termination of our recent disastrous and ruinous struggle with

the Federal Government, it pleased the President of the Ugiited States to

select me, without my knowledge, or any solicitation on he part of my

friends, for the high and responsible position which I now hold, to organ

ize a State Government for South Carolina, and have her restored to all

her civil and political rights as a member of the Federal Union. I felt

deeply the delicate responsibility of the station to which I had been

called, and was fearful that, in obeying the orders and carrying out the

policy of the Federal Government, I should not be able to protect the

State and save the people from unjust exaction and oppression. But,

most fortunately, the wise, generous and magnanimons policy of Presi

dent Johnson towards the Southern States has enabled me to do both,

and rendered my administration pleasant and gratifying to me. I have

been greatly sustained, too, by the honor, patriotism and loyalty of the

peo le. /Allathough I received my appointment several months after other Provi

sional Governors had been commissioned, I have the pleasure of inform

ing you that South Carolina is now as far advanced in her reconstruction

as any other Southern State. Instead of wasting time in trying to fill all

the civil ofi-ices of the State with my personal or political friends and par

tisans, I determined to restore those who were in oflice at the suspension

of. the civil government, and who had been elected by the peo le or

appinted by the Legislature, and wore familiar with their oflicial duties.

I knew too well the character of South Carolina to doubt, for a moment,

that her sons would prove loyal and true, after renewing their oaths of

allegiance to the United States. In this way, I_ re-established civil go

vernment at once in South Carolina, and greatly expedited her reconstruc

14 ‘THURSDAY, OCTOBER 26, 1865.

tion. An election for members of the Convention, to reform our State

Constitution, was immediately ordered. l\Iagistrates were authorized to

administer the oath of allegiance so as to qualify the voters in time for the

election. ' I also restored civil law throughout the State, and ordered the

courts to be opened. These measures were objected to by the military

authorities, as transcending my powers as Provisional Governor. But the

President sustained me in all that I had done, and ordered the military

authorities not to interfere with my policy of reconstruction. Like a wise

statesman and patriot, he confides in the people, desires to see them

enjoying civg liberty and governing themselves. ~Washington had the

immortal ho or of creating the American Republic, and to Andrew John

son will be assigned, in history, the glory of having reconstructed its

broken and dismembered fragments without marring its civil beauties.

Like Washington, too, he is, by his just, wise and magnanimous policy,

uniting and consolidating all parties in the support of his administration.

The State Convention assembled, and, after a most harmonious session

of fifteen_ days, presented a new Constitution for the future government of

South Carolina. This Constitution is more popular and democratic in all

of its features than the old one, adopted in 1790. The Parish system of

representation in the Senate, which had become, by the growth of the

upper country in wealth and population, unequal and unjust, allowing

one Judici'l District to have ten Senators, and others of equal extent in

territory but one, was abolished, and all were assigned an equal represen

tation in the Senate. The just, equal and conservative basis of represen

taticn in the House, founded on white populationund taxation, was re

tained. The unequal classification of lands has been changed, and taxes

are now to be levied in proportion to the assessed value of all taxable

property. A moderate poll tax is provided for, which will cause all to

contribute something towards the support of the Government under

which they live and are protected. The property qualification of members

of the Senate and House of Representatives, which seemed to presume

that :1. man’s patriotism depended on his wealth has been dispensed with.

The members oi the‘Legislature are required to vote viva soce in all

elections, so that their constituents may know for whom they voted. The

Chief Magistrate of the State is to be elected by the people for four years,

and has a qualified veto on the legislation of the two Houses,

Such. gentlemen, is the new Constitution under which you have

assembled, and which, it is hoped, will inspire the people of South Caro

lina with new democratic zeal and energy in developing, intellectually and

physically, the talent and resources of the State. It is true that, under

the old 7‘€g1'1ne, South Carolina has given the Republic a bright galloxy of

names which she may well be proud of ; but her. material prosperity as a

State has not kept pace with that of .- her Southern sisters. Her popu1a<

tion has been moving to the South-west till there are, at this time, almost

as many native South Carolinians living in other States as there are in this

State. They have drained the-State, too, of her wealth and energies.

For the last thirty‘ ‘or ;‘forty yeana we have likewise been oblivious of_ all

internal improvement in orur fruitless and vexatious supervision of the

action 'of‘ the ‘Federal Government. ‘ Agriculture has been ‘neglected,

manufactures almost ignored, and commerce despised. Foreign immigra

.

/


_ _ N_ -—; —_ .__-1.;-. _c-*.»»— _.———.~_"'.’I‘."._i'

tion, which has filled other States with wealth and population, developed

their resources and made them happy, prosperous and powerful, has been

discouraged in South Carolina. Her riches have been exhausted by her

dependence on others for almost every thing she consumed or needed.

We have been dependent on the Western States for our horses, mules,

cattle and hogs, bacon, lard and beef. From the Northern States, we have

received the furniture of our houses, and the implements of ou.r farms and

plantations, the carriages in which we rode, and the clothes which we

wore.

This policy must no longer be continued.‘ It should be the pride of

every farmer and planter in the State to raise, grow or make every thing

which he uses or needs. Slavery has been abolished, and labor made more

honorable as well as more necessary. They who have heretofore spent

their lives in ease and idleness will be forced to work. Planting and the

learned professions are no longer the only honorable means of livelihood

for our young men. They must become tradesmen, manufacturers,

artisans and mechanics. Immigration of industrious foreigners must be

encouraged. Then manufactures will spring up, commerce will revive,

and we shall become an independent people.

The emancipation of our slaves will, in all probability, abstract greatly

from the active labor of the country. Planters and farmers should dispose

of a portion of their lands to immigrants and capitalists from Europe and

the North. ' This will increase the wealth and industry of the State, and

render more valuable the lands which-remain unsold. It will also have a

wholesome check on the colored population, and strengthen our security

from insurrections and violence. Three-fourths of the State of South

Carolina are uncultivated. Instead of a population of seven hundred

thousand, our territory is suflicient to support one of seven millions,properly distributed in manufactures, commerce and agriculture.

It becomes your urgent duty, gentlemen, to make immediate provision

for the protection and governmentof the freedmen and colored people

who have been so suddenly released from slavery in their ignorance and

destitution. This is alike due to humanity and justice, as well as the

imperative necessities of society. The negro has lost the protection of

his master, and he must now be protected by the law. This is expected

of you by the President and the Federal Congress, and will remove all

pretence for militaiy. rule in the State, as well as facilitate your speedy

restoration to the Union and self-government. The negro is innocent of

all that he has gained and all that you have lost, and he is entitled to your

sympathy and kindness, your protection and guidance. The Convention ‘

ordered the Provisional Governor to appoint a Commission for the pur

pose of preparing and submitting to the Legislature, for their adoption, a‘

code of laws for the protection and government of the freedmen and col

'ered persons. In obedience to their order I have appointed Judge Ward

law and Mr. Burt, two of the most-eminent jurists in the State, to compose

this Commission. They will, in due time, report to you the result of their

labors. The Convention also authorized the Legislature to estabhsh a

Court in each District for the trial of 111licases' in which freedmen are con

cerned. ;It becomes your duty to see that these Courts are organized.

The election of Presidcntial-electors has 'heretofore been made -by the

-

!

16 THURSDAY, OCTOBER' 26, 1865.

Legislatiue of South Carolina, contrary to the true intent and meaning

of the Federal Constitution, and against the usage in all the other States.

An Ordinance was passed by the Convention, expressive of their judgment

in regard to this matter, and directed the Provisional Governor to com

municate this Ordinance to the Legislature at its first session. In

obedience to their order, I herewith send you a copy of the Ordinance,

which you will, at once, carry into effect, by providing a proper mode of

electing electors of President and Vice-President by the people.

The election of Members of Congress should be provided for at as early

a day as possible. It is a matter of the highest importance that our

Representatives in Congress should be in \vashington, ready to take their

seats, on the first Monday in December. By Act of Congress, passed

March, 1863, it is made the duty of the Clerk of the previous House of

Representatives to “make a roll of the Representatives elect, and place

thereon the names of all persons, and such persons only, whose

credentials show that they were regularly elected in accordance with the

laws of their States respectively, or the laws of the United States.” It is

therefore the iinperative duty of the Clerk to call the roll of the members

of the Southern States, whose credentials have been exhibited to him, and

shown that they were regularly elected. He has no more right, under

this Act, to exclude the members elect from South Carolina than he has to

exclude those from Massachusetts. The Federal authorities have main

tained that the Union never was dissolved, and that the Southern States

have always been, and still are, members of that Union. In July, 1862,

Congress passed an Act prescribing an oath of oflice for all persons to take

who were elected or appointed to any oflice of honor or profit under the

Government of the United States. This oath requires the party to swear

that he has never borne arms against the United States; that he has never

held or sought office under any power inimical to the United States; that

he has given no aid, counsel or countenance to persons in hostility to the

United States; and that he has not yielded a voluntary support to any

authority hostile to the United States. If this oath is to be applied to

members of Congress, it will, of course, exclude all from South Carolina.

It may, with truth, be said, that no man in South Carolina can take it with

out committing perjury. But the Constitution of,the United States

prescribes an oath for members of Congress to take, and they cannot be

required to take any other oath constitutionally. There may have been

some show of propriety for exacting this oath when it was enacted, amidst

the war between the Southern States and the United States; but there

can be none now, unless it be for the purpose of excluding the Southern

people from all oflice within their respective States, and still holding those

States in military subjection. I know that this is not the policy of.tho

President, and T cannot believe that it will be the avowed policy of the

Federal Congress. ' If the Southern members are present when the rolhs

called by States, they will take a part in the organization of the House,

and may vote against the oath being tendered to the members when they

are sworn.

The Convention divided the State into four Congressional Districts,

which you will respect and recognize as election Districts. It will be your

duty, also, at some convenient and proper time, during your extra session,l

-~

THURSDAY, OCTOBER 26, 1865. 1;’!

\

W _ _;_ _V i!--__§\

to elect two United States Senators, to represent the State of South Caro

lina in the Senate of the United States. There are now two vacancies in

that body from South Carolina. In the organization of the Senate of the

United States into three classes, the Senators from South Carolina were

drawn in the second and third classes. The second-class seat for South

Carolina became vacant on the third of March, 1865, and your election to

fill that vacancy will be for six years from that date. The third-class seat

became vacant on the third of March, 1861, and your election will be for

the unexpired term of that vacancy, which will be till third of March,_1867.

The subject of finance is one of great embarassment and serious difi

culty at this time in South Carolina, and will require great wisdom and

sagacity in your legislation. The people are in a most destitute condition,

without money, and without the means of paying their taxes. Their gold

and silver were exported during the war as a species of commerce. The

State banks are all broken, and their bills have ceased to circulate. The

Confederate money, with which the country was inundated, is utterly

worthless. The Federal currency is inaccessible to our people. Their cot

ton has been destroyed, and their provisions consumed by the armies, and

they have nothing to procure money with. Under these circumstances, it

would be well for you to consider whether or not it is possible to delra]

the necessary expenses of the State by issuing and selling State bonds, so

as to avoid levying any tax during the ensuing year. The present indebt

edness of the State is not large, and her credit ought to be such as to se

cure the sale of her bonds at fair prices. If you conclude to raise monei

in this way, you ought to include the payment of the direct tax, and whic

South Carolina now owes the United‘States, and which her citizens will

soon be called upon to pay. ,

It is important that the courts of justice in this State should be once

more fully opened, civil law restored and properly administered. This

cannot be done till you fill the several vacancies on the bench. You will

have to elect a Chief Justice of the State, two law Judges and one Chan

cellor. Opening our courts, and the administration of civil justice once

more, would have a most salutary influence on society, and do more than

anything else to preserve the peace and quiet of the State. We have been

living without law long enough, and have sufiered enough from lawless

violence. ~

The Act to prevent the collection of debts, known as the stay law, was

wholly unnecessary at the time it was passed, but is now a matter of prime

necessity to the community. This Act should be continued, with permis

sion, however, to collect the interest on debts due. There are many

widows and minor children whose solc subsistence depends on the pay

ment of interest due them on their estates.

The re-organization of the militia is a measure of the highest importance,

under existing circumstances. I have received information from the Secre

tary of State at Washington, that as soon as our State Government is or

ganized, all the Federal troops would be withdrawn from South Carolina.

We must then rely on the militia for the protection of the State against

insurrection and domestic violence. It is a matter of serious consideration,

however, whether we should not desire to retain, for the present, a portion

of the Federal troops in the State. The freedmen and colored people look

'2 .

13 ; THURSDAY, ocrosnn 26, 1865.

to these troops as their friends and protectors, and would be much less

likely to have any collission with them than with the militia. The colored

garnsons, which were at one time stationed throughout the country, have

done infinite mischief, by inducing the negroes to believe that all the lands

of their former owners were to be divided out amongst them. This has

made them discontented and unwilling to make contracts for the ensuing

year. In many portions of the State, there are serious apprehensions of

disturbance at the beginning of the next year. Strong garrisons ought to

be continued in Charleston, Beaufort and Georgetown, where there is such

a preponderance of the negro population. But these garrisons should not

be permitted to exercise any civil jurisdiction, and should be subordinate

to civil law. Otherwise, their presence would be productive of more mis

chief than good. You will take such action in this matter as in your judg

ment shall seem best for the State.

The education of our young men and boys, during the past five years,

has been sadly neglected. Your College, which has been the pride of the

State for more than half a century, is closed, and should be at once re

opened. The buildings are all standing and uninjured. The Professors

are ready to resume their labors, and the young men are anxious to com

mence their College course of studies. I hope you will make the necessary

appropriations for sustaining the institution. But it may be well, under

existing circumstances, to consider the propriety of converting the College

into a University, and making it, in part, a self-sustaining institution.

Give the Professors moderate salaries, and let them depend for further

compensation on the tuition fund. In a University, the student may

pursue such a course of studies as will most contribute to the particular

profession or business which he expects to follow in after life. In a

College, he is required to spend four years in a regular course of studies,

many of which will be of no service to him in after life, and for which he

has no taste or talent. ln consequence of the impoverished condition of

the country, there are very few young men, now, able to defray their

expenses for four years in College. Having been so long in the army, and

their education neglected, they are not prepared to enter College. More

over, being advanced in manhood, they cannot aflord to go through a

College course of studies betore commencing the active pursuits of life.

The University system of education will meet all these objections. It

would bring to your institution of learning three times as many students

as you could collect in a College, and in this way the salaries of the Pro

fessors might be paid out of the tuition iund.

The State Military Schools, in Columbia and Charleston, have likewise

been suspended, and the buildings oi the lornler were all destroyed by fire

during the occupancy of the town by General Sherman. ‘ lt is 1'or you to

determine what course you will pursue m regard to these schools. In,_

them have been educated many of your most valuable and eminently

practical men. _ Very few have graduated at the Citadel who have not

been successful in alter life. I

The Congress of the United States passed an Act, during the war, au

thorizing the Freedmen’s Bureau to take possession of all lands winch

were voluntarily abandoned by their owners lor the purpose of going into

the army, or aiding the rebellion. Under a most uuwarrantable construc

-


tion of this Act, a large portion of the lands of the lower country, where

the planters were driven off by the Federal troops, or forced to leave by

imperative orders of the defacto Governments, State and Confederate, have

been seized and appropriated, as abandoned lands. In many instances,

the homes of widows and minors, and old men, incapable of serving in the

army, and never aiding, in any way, the rebellion, have been taken posses

sion of, and kept for the use of the negroes, whilst the proprietors were

starving Wanderers and refugees throughout the State. But with that

sense of justice and kindness which has characterized every act of his

administration, the President has ordered these lands to be restored to

the proprietors on tl eir taking the oath of allegiance to the United States,

or receiving a special pardon where they fall within the excepted classes

under the Amnesty Proclamation. The Convention ordered the Provisional

Governor to appoint a suitable agent to represent the State at Washing

ton, in regard to these lands, and other matters. I immediately appointed

the Hon. William Hem'y Trescott, a gentleman well known to you for his

high character, talents and diplomatic experience. His report will be

oommlmicated to you as soon as it is received.

As soon as the Convention adjourned, I communicated to the President

and Secretary of State copies of the _new Constitution of South Carolina.

I have the pleasure of informing you that President Johnson has expressed

to me his gratification at the amendments made in our Constitution, and

his confident hope that we should soon be, once more, “ a united, happy

and prosperous people, forgetting the past, and looking only to the future

welfare of our common country.”

There is one matter of embarrassment in your legislation, under the new

Constitution, which I_ think it my duty to bring to your notice. The

Constitutional Governor will not, and can not be inaugiuated, till the first

week of your regular session. And yet the Constitution requires all Acts

to be presented to the Governor for his signature. If he does not approve

them, he must return them with his objections; and then, to become a

law, they must be passed by a majority of the whole representation of both

Houses. Although the State Convention acknowledged the authority and

existence of the Provisional Governor by several of their ordinances, yet

they omitted to authorize him to act as Governor till the inauguration of

the Governor elect. All your Acts should, therefore, be passed by a majority

of the whole representation of both Houses, unless you are disposed to

recognize the Provisional Governor as Governor of the State. But even

with this recognition, I think it would‘ be safe to see that your Acts are

passed by the constitutional majority required, in the absence of the

approval of the Governor. This will place beyond controversy any Acts

which you may see proper to pass at your extra session, in the absence of

your newly elected Constitutional Governor.

The State Works, at Greenville, for the purpose of manufacturing arms

and munitions of war, have not been in operation since the surrender of

General Johnson. They were unprofitable, and it is not likely that you

will be disposed to contmue them. I understand that the buildings and

machinery are well adapted for a cotton factory, and that there is a com

pany of gentlemen from different parts of the State who propose to pur

chase them for that purpose. I would recommend sale of the entire prop

20 THURSDAY, OCTOBER 26, 1865.

~~-'2-___—._-,_

erty, with all the machinery appertaining to the same. It would be well

to dispose of the Columbia canal for the same purpose.

The State Road, over the Saluda Mountains, is in a most dilapidated con

dition. The former lessee of the road was released from his contract by

the Legislature last session, and the Commissioners of Roads for Green

ville District were authorized to let it out, for the present yIear, to the

lowest bidder, for keeping it in repair. This was not done. o toll has

been collected over the road, or work done on it, for two or three years

past. It should be leased or sold.

The State House requires your immediate attention. Something should

be done to preserve the building, in its present unfinished state, from

ruin and destruction. If the State is not able to proceed with the ‘work

and complete it, you should provide for having a temporary roof thrown

over the building, so as to preserve it and make it useful. If covered, it

might be used for your sessions, and the accommodation of the public

oflicers.

The Bank of the State, like all similar institutions, is in‘a most embar

rassed and crippled condition by the loss of its advancements to the late

Confederate States. I have not had the pleasure of seeing the report of

the President. This document will be submitted to you in proper time,

and then you will be able to take such action in reference to the bank as

its condition requires. Whatever may be the state of our finances, I am

sure South Carolina will never sully her honor by any act of repudiation.

If we have lost everything else, let us, on that account, be more careful of

maintaining the honor of the State.

The admirable codification of the Statute Laws of the State, by the

lamented Petigru, has not yet'been adopted by the Legislature. I would

recommend its adoption, and the appointment of an editor to supervise its

publication, and make the necessary verbal alterations, to adapt it to the

present condition of South Carolina. It is a work greatly needed by the

profession and the people at large, and will be an enduring monument to

the fame of one of South Carolina's most highly gifted and beloved sons.

I have received several oflieial communications from the Northern States,

with public documents, asking a renewal of the exchange of such books,

which I hope will be acceeded to by the Legislature. I have also received

from the Department of the Interior, at Washington, sixty-seven copies of

the Acts of Congress, passed since 1860, for oflicial distribution.

I have received communications from the Postmaster-General, stating

that the mails would be carried over all the railroads in South Carolina, as

soon as the Department was assured of their responsibility ; and that he

would receive reasonable offers for carrying the mails from the railroads to

all the county seats or court houses till the first of January, when perma

nent contracts would be made. There has been some difliculty in regard

to the appointment of postmasters in South Carolina. Ihave informed

the Postmaster-General that it would be impossible to fill his appointments

if he exacted the whole oath sent, till another generation had risen up in

this State.

I have received a communication from the Secretarfy of State, enclosing

information forwarded by our Consuls abroad, in re erence to the spread

of cholera, and requesting that the State would rigidly enforce her quar

'\


antine laws. I gave these papers to the Mayor of the city of Charleston..

You will take such action as in your judgment may be necessary to prevent

our State being visited by this terrible scourge. '

In conclusion, I would urge you, gentlemen, to look only to the fut1ire

in our legislation, and forget, so far as you can, the past. There is much

to hope for and live for, yet, in South Carolina. We should congratulate

ourselves and the country that civil war has ceased, and peace is restored

to the land. No longer are our citizens to be forced from their homes

and families and offered a bloody sacrifice on the field of battle. No

longer is our beloved State to be ravaged and desolated, and our towns

and villages committed to the flames. A merciful Providence has once

more blessed our land with an abundant crop, and no longer have we any

apprehensions of want and starvation. We are in the enjoyment of health.

Our young men, noble and gallant soldiers, are peaceably resuming their

former vocations, and exerting themselves in restoring the State to her

wonted prosperity and happiness. No civil broils or deadly feuds are dis

gracing our people as in other States. We have no political divisions.

South Carolina presented a lmit after her act of secession, and she is

now united as one man in returning to the Union; and will be as true and

loyal to her plighted faith as any State north of Mason’s and Dixon’s

line. In this respect, there is no diflerence between former secessionists

and old Union men. They all have equally, at heart, the peace, honor,

glory and prosperity of the American Republic. And I earnestly pray

that all your legislation and deliberations may tend to this great purpose,

under the guidance and protection of Almighty God.

B. F. PERRY.

On motion of Mr. EASLEY, the House proceeded to the immediat‘

consideration of the Message. '

Mr. EASLEY introduced the following resolutions, which were consi

dered immediately, and were agreed to :

Resolved, That so much of the Message of the Provisional Governor a!

relates to the reconstruction of the Union, the policy pursued by himin

South Carolina, and the conciliatory course of the Federal Executive, the

transportation of the Mails, and the appointment of Postmasters, be

referred to the Committee on Federal Relations.

So much as refers to the Agricultural improvement of the State, the

obstruction of labor by the emancipation of the slaves, and to the Immi

gration of Foreigners, be referred to the Committee on Agriculture.

So much as relates to the protection and government of Freedmen and

Colored Persons, the opening of the Courts, the organization of District

Courts, the codification of the Statute Law and the Stay Law, be referred

to the Judiciaiy Committee.

So much as relates to the election of Members of Congress and Electors

of President and Vice-President of the United States, be referred to the

Committee on Privileges and Elections. _

So much as refers to the embarrassment of the Finances, payment of

Taxes, and to the condition of the Bank of the State, be referred to the

Committee of Ways and Means.

»

22 THURSDAY, OCTOBER 26, 1865.

-~

So much as relates to the re-organization of the Militia, the retaining

Federal troops in the State, the Arsenal and Citadel Academies, and the

State Works at Greenville, be referred to the Military Committee.

S0 much as refers to Education and the College, and the change of that

Institution into an University, be referred to the Committee on Educa

tion.

So much as relates to the State Road over' the Saluda Mountains, and

to the Columbia Canal, to the Committee on Internal Improvements.

So much as relates to the State House, to the Committee on the State

House and Grounds.

So much as relates to the exchange of Public Documents, and to the

%:1)tribution of Acts of Congress, to the Committee on the Legislative

rary.

So much as relates to the enforcement of Quarantine Laws, to the

Charleston Delegation.

So much as relates to the election of United States Senators and Judges,

to the Committee on Oflices and Officers.

So much as refers to the Constitution of the State, and to the embar

rassment which some of its provisions are supposed to throw around the

legislation of the General Assembly, at the present Session, be referred to

~,a Special Committee, to be composed of seven Members, and that a mes

sage be sent to the Senate asking that body to appoint a Committee to ac

with the Committee of the House as a Special Joint Committee.

The House proceeded to the consideration of the

GENERAL ORDERS.

Resolutions introduced by Mr. WARLEY, relative to the removal of

oolored troops from this State, were referred to the Committee on Federal

Relations. -

The following communication was received from Mr. A. C. GARLING

TON, a Member from Newberry District ‘

To Hon. A. P. ALDRICH, Speaker of the House of Representatives :

Sm 2 I beg leave to bring to the attention of the House the question of

m right to sit as a Member.

%he sixth section of an Ordinance of the late Convention, entitled “An

Ordinance to declare in force the Constitution and laws heretofore in force

in this State, and the Acts, ofiicial, public and private done, and appoint

ments and elections made, 11111181‘ authority of the same,” after enumerating

certain State ofiicers, proceeds to declare, “and all District and other

oflicers who derive their authority from or under the Executive, Legisla

tive, or Jndicial Departments, who were holding and exercising oflico

before and on the 26th day of April last, or had before that day

been elected thereto, are, in the regard of the State, (except where vacan

cies have since occurred, or may occur, by reason of death, expiration of

term, or otherwise, under the laws of the State,) still holding their repeal!


tive offices, and are entitled to hold and exercise the same by the original

terms thereof, for the residue of the terms for which they were severally

elected or appointed.”

I was elccted, by the General Assembly, to the office of Adjutant and

Inspector-General of the State, in December, 1862, for the term of four

years. After the surrender of our armies, and the suspension of civil gov

ernment in this State by the military authority of the United States, the

functions of my office practically ceased; but under the circumstances, if

it had been practicable, I did not think it proper that I should resign.

His Excellency, the Provisional Governor of the State, issued his Pro

clamation restoring only civil officers to their respective offices. The

office of Adjutant and Inspector-General being military in its character,

was therefore excluded. The Ordinance of the Convention, to which I

have referred, has been brought to my notice since I took my seat as a

Member of your body, and its provisions were unknown to me when I was

ualified. -

Q According to the plain construction of the section of the Ordinance

which I have brought to the notice of the House, it seems to me that I am

still holding the office of Adjutant and Inspector-General of the State. If

this be so, I am disqualified to hold a seat in your body, by the operation

of the 28th section, 1st article, of the Constitution of this State, which

declares that “no person shall be eligible to a seat in the General Assembly

whilst he holds any office of profit or trust under this State.”

I respectfully ask that the House may take immediate action in my case,

so that, if my view be correct, that I am not qualified to hold a seat here,

a writ of election may be issued to fill the vacancy.

I have the honor to be,

Very respectfully,

Your obedient servant,

A. C. GARLINGTON.

26TH OCTOBER, 1865.

On motion of Mr. SUBER, the communication was referred to the

Committee on Privileges and Elections.

On motion of Mr. GRAHAM,

Ordered, That when this House adjourns, it be adjourned to meet to

morrow at 12 o'clock M.

The SPEAKER announced the following gentlemen of the Special

Committee to whom was referred so much of the Governor's Message as

relates to the Constitution of the State, and the embarrassments which

some of its provisions are supposed to throw around the legislation of the

General Assembly at the present session, to wit: Messrs. Easley, Mullins,

Trescot, Youmans, Bonham, Dawkins, Simonton.

On motion of Mr. SIMONTON, the House was adjourned at fifteen

minutes past 2 o'clock P. M.

Q11 FRIDAY, OCTOBER 27, 1865.

FRIDAY, OCTOBER 27, 1865.

At the hour to which the House was adjourned, the Clerk called the roll,


proceedings were opened with prayer by Rev. Dr. Howe. -

The Journal of yesterday’s proceedings was read. _ _

The following Members attended, produced their credentials, were

sworn, and took their seats :

From Berlceley District: Mr. John Y. Dupre, Henry S. Tew.

From Charleston District: Messrs. J. B. Campbell, F. D. Richardson.

Benjamin Lucas.

From Clarendon District: Mr. H. L. Benbow. -

From Collelon Distric-t: Mr. B. Stokes.

Fromr Horrj/: Mr. F. J. Sessions.

The SPEAKER called for petitions, memorials, presentments of Gram‘

Juries, returns of Commissioners, and such like papers, in the order oi

Judicial Districts, commencing with Abbeville District.

Mr. SIEGLING introduced the petition of the Elmore Mutual Insu

rance Company, of Charleston, praying amendment of charter ; which

was referred to the Committee on Incorporntions.

Mr. WAGENER introduced the petition of John A. Wagener, John

Campsen and J. C. H. Clausen, for 21. charter for the German Immigration

Land and Trading Company, of Charleston. Also,

Petition of the Carolina Mutual Insurance Company, of Charleston, for

renewal of the Act of Incorporation ; which were severally referred to the

Committee on Incorporations.

Mr. GILBERT introduced the petition of the Commissioners of Public

Buildings for Sumter District, for an appropriation to build a new jail, and

other purposes; which was referred to the Committee on Public Build

mgs.

' Message No. 2 was then received from his Excellency the Governor,

and was read by his Private Secretary, W. H. Perry, Esq. :

~ ' MESSAGE NO. 2. '

_ Exncurrvr: Dsmnmzinvr, SOUTH Csnomm, October 27, 1865.

To the Honorable the Senate and House of Representalires : Q

Gnwrnnuzu : I have the honor of transmitting to you the report of the

Commission appointed by order of the Convention “to propose such legis

lation as will be necessary and proper in consequence of the alterations

made in the fundamental laws, and especially to prepare and submit -a

FRIDAY, OCTOBER 27, 1865. 25

code for the regulation of labor and the protection and government of the

colored population of the State.”

The report embraces “A Bill preliminary to the legislation induced by

the Emancipation of Slaves,” “A Bill to establish and regulate the domes

tic relations of Persons of Color, and to amend the law in relation to Pau

pers, Vagraney and Bastardy,” “A Bill to establish District Courts, “A

Bill to amend the Criminal Law.” These Bills have been happily eon

ceived and admirably prepared, as a perfect system of law adapted to our

new state of affairs. I would urge on the Legislature the immediate eon

sideration of the code of laws. It is absolutely necessary for the protection

of colored persons and the enforcement of their labor. Without it there

will be the greatest confusion, idleness and crime at the beginning of the

next year. The farmers and planters wish to know, at once, what they

may depend on, in regard to the labor of the colored persons, in preparing

their plantations for the next ear. The peace and quiet and good order

of society imperiously demangimmediate legislation on these subjects.

The mere setting free of the negro, without providing by proper legis

lation for the protection of his rights of person and property, will not meet

the expectations of the Federal authorities, and they will retain their

military forces throughout the State, for the purpose of affording this

protection to the fieedmen and colored persons. As soon as we pass

proper legislation on this subject, I- feel assured the President will issue

his Proclamation declaring that South Carolina is no longer in rebellion,

and entitled to her position once more as a member of the Federal Union.

Then your Senators and Members of Congress cannot, with any show of

propriety, be excluded from their seats_

If you have any doubts about the constitutionality of your legislation, in

the absence of a Constitutional Governor, you may consider and pass the

Bills and let them be presented to the Governor elect, as soon as he is

inaugurated, for his approval. A Bill to re-organize the Militia is equally

urgent and important, and might take the same course, as well as any

other legislation you may see proper to pass.

B. F. PERRY.

Mr. EASLEY introduced the following resolution; which was agreed to:

Resolved, That the Negrp Code and the Bills accompanying it, be

referred to the Judiciary Committee, and that five hundred copies of Bills

Nos. 1, 2, 3 and 4 be printed.

The SPEAKER called for resolutions, Bills and motions, in the order of


Mr. HASKELL introduced the following resolution; which was consid

cred immediately, and was agreed to :

Resolved, That the Reading Clerk prepare and have printed an alpha

betical list of the Members of the House of Representatives, with their

Election Districts, post offices, and occupations.

26 FRIDAY, OCTOBER 27, 1865.

Mr. RYAN introduced the following resolution; which was considered

immediately :

Resolved, That a Commission, to consist of five persons, be appointed

by the President of the Senate and Speaker of this House, to consider and

report a plan whereby the faith and credit of the State may be made

available for the cpurpose of affording relief to such citizens of this State

who have suflere loss of property in the late war.

That this Commission report the result of their deliberations to the

General Assembly at the Regular Session, and the persons composing it

be allowed for their attendance thereon the same pay and mileage as is

allowed Members of this Legislature. ‘

Mr. CALIERON moved that the resolution be indefinitely postponed ;

and the question being put, will the House agree thereto ? it passed in the

negative.

Yeas, 47 ; nays, 64.

The yeas and nays were requested, and are as follows :

Those who voted in the affinnative are,

Messrs. Anderson, Messrs. Milling,

Ball, Moore,

Barton, Mullins,

Bowen, Norton,

Cannon, Perry,

Carlisle, Petty,

Clyburne, Pressley,

Coker, Price,

Copeland, Rawlinson,

Covington, Russell,

Oulbreath, Salley,

Dawkins, Scott,

DePass, Springs. .

Duncan, Suber,

Gavin, Talbert,

Hammett, Thomson.

Howze, Todd,

V Hunter, Walker,

Jones, Wallace, A. S.

Keith, Wannamaker.

Keitt, Warley,

Landrum, Woodrufi,

Leitner, Wright.

Lipsey,

Those who voted in the negative are,

Hon. A. P. Annmca, Speaker; and

Messrs. Aiken, Jas. B. Messrs. Baohman,

Aiken, D. Wyatt Barker,

Alston, Benbow,

FRIDAY, OCTOBER 27, 1865. 27

lessrs. Browning, Messrs. Melchers,

Butler, McKewn,

Campbell, Mikell, T. P.

Coogan, Mikell, W. E.

Crayton, Milligan,

Dozier, Mulvaney,

DuPre, Porcher,

Easley, Read,

Eason, Richardson, F. D.

Elkin, Richardson, John Peter

Fair, Richardson, J. S., Jr.

Farmer, Ryan,

Flowers, Shaw,

Gaillard, Sheridan,

Gayer, Siegling,

Gilbert, Simonton,

Goodwyn, Sparkman,

Graham, Steakhouse, .

Green, Stokes, Benjamin

Hanckel, Stokes, William

Haskell, Talley,

Hayes, Tew,

Hearst, Trescot,

Hutson, Walsh,

Lee, Wagener,

Lewie, Wallace, William

Lucas, Woodrufi',

Manigault, Wright,

Martin, Youmans.

S0 the House refused to postpone the resolution.

M'l'he resolution was then referred to the Committee of Ways and

ems.

_llr. YOUIIANS introduced the following resolution; which was con

adered. immediately, and was agreed to:

Resolved, That it be referred to the delegation from Beaufort District

ioinquire and report whether any, and if so, what change is necessary in

that District, as to the time of the general meeting of the Managers of

Elections, by the people, with leave to report by Bill or otherwise.

_Also, introduced the following resolution; which was considered imme

dutely, and was agreed to:

_Res0Ive(l, That it be referred to the Committee on Privileges and Elec

ilqnsto inquire and report whether any, and if so, what additional legis

lfltlon is necessary for the purpose of more effectually enforcing the per

lvrmance of their duties by the Managers of Elections. ,

UBO, whether it is not expedient that they should receive compensation

l.or their services.


Mr. HANCKEL introduced the following resolution; which was com

dered immediately, and was ordered to be laid on the table :

Resolved, That the Messenger of the House be required to deposit:

the Post Oflice, letters of members left with him for that purpose, and]

be paid the sum of twenty-five dollars for his extra services. ‘

Mr. COKER introduced the following resolution; which was consideu

immediately, and was ordered to be laid on the table :

Resolved, That one thousand copies of Message No. 1, of his Excellem

the Provisional Governor, be printed, for distribution by the Members

this House. _

Mr. WARLEY introduced the following resolution; which was order’

for consideration to—morrow : . __ -

Resolved, That a message be sent to the Senate, inviting that body

unite with the House of Representatives, to-morrow, the 28th inst., at

o’clock, P. M., in an election for one United States Senator, for the tel

commencing on the 3d March, 1865, and continuing for six years ; a1

immediately thereafter, in an election for another United States Senatd

for the term commencing on the 3d March, 1861, and ending on 3d Marc‘

1867.

MLMULLINS introduced the following resolution, which was con!


Whereas, There are numerous complaints, from various portions of t1

State, that certain ofiicers of the United States Army, and Treasu

Agents, have forcibly taken cotton and other private property, witho

any color of law or authority from the Government of the United State

And, whereas, The parties who have been thus dispoiled are, in 1na1

cases, without means to incur the expense of preferring charges, ai

seeking redress ; And, whereas, The conduct of the President of the Unit

States has inspired us with a confident reliance in his justice and earns

desire to maintain the honor and dignity of the country ; be it, therefoi

Resolved, That a Committee be appointed, in each Congressior

District, to consist of one Senator and two Members of the House

Representatives, with instructions to sit during the recess, at such plan

as they may appoint, and collect, under oath, all the evidence relating

cases of this kind within their power, and report the same to the regal

session of this Legislature, in order that the same may be laid before tf

President in such manner as may be hereafter directed.

Mr. EASLEY introduced the following resolution, which was consider

immediately, and was rejected :

Resolved, That the Clerk of this House be authorized and required}

have five hundred copies of Message No. 1, of the Provisional Governi

printed for the use of the Members of this House. ‘

s

_,_ \_ _

FRIDAY, OCTOBER .27, 1865. 29

Mr. BACHMAN introduced the following resolution; which was con


Resolved, That it be referred to a Special Committee of Three, to inquire

ml report what legislation may be necessary to encourage and induce

Zuropean immigration to this State.

Whereupon, the SPEAKER appointed Messrs. Bachman, Wagener,

nd Melcher of the Committee.

Mr. MULLINS introduced the following resolutions ; which were con

idered immediately, and were agreed to :

Resolved, That a Committee of Three be appointed by the Speaker to

mnge the mode of conducting the elections which require the joint vote

>f both Houses.

Resolved, That a message be sent to the Senate, requesting the appoint

ment of a similar Committee.

Whereupon, the SPEAKER appointed Messrs. Mullins, Butler and Nor

on of the Committee.

Mr. J. S. RICHARDSON, Jr., introduced the following resolution ;

rhich was considered immediately, was agreed to, and was ordered to be

lent to the Senate for concurrence :

Resolved, That Stephen M. Boykin and H. E. L. Peebles be appointed

llanagers of Election at Spring Hill, Sumter District, in place of Thos. L.

Smith and B. F. Rhame, resigned.

Also, introduced the following resolution ; which was ordered for consid

rration to-morrow :

Resolved, That a message be sent to the Senate proposing to that body

that an election be held by each House of the General Assembly, to

morrow, at 1 o’clock P. M., for the vacant oflice of Chief Justice of the

(‘om-t of Appeals.

Mr. DAWKINS introduced tho following resolution ; which was consid

ered immediately, was agreed to, and was ordered to be sent 'to the Senate

for concurrence :

Resolved, That Isaac R. Wilkins, Robert Montgomery, and D. W. Tale,

be appointed Managers of Elections at the precinct in Union District,

known as Draytonsvillo.

_l\lr. CANNON introduced the following resolution; which was con

sdered immediately, and was agreed to :

_ Resolved, That it be referred to the Csmmittee of Ways and Means to

mquire and report as to the expediency of issuing Treasury Notes, or Bills

Receivable, in all dues to the State, without interest, to aid the Treasury in

its operations, and thereby lighten the burthen of taxation on the people.

Vn motion of Mr. SIMONTON,


&

Ordered, That when this House adjourns, it be adjourned to meet


Mr. SIMONTON, from the Special Committee, made a report on cer.

tain resolutions providing for an election of members of Congress from

this State ; which was considered immediately, was agreed to, and was or

dered to be sent to the Senate for concurrence.

The following message was received from the Senate :

IN THE SENATE, October 27, 1865. *

Mr. Speaker and Gentlemen of the House of Representatives:

The Senate respectfully concurs in the proposition of your House for the

appointment of a Special Committee on so much of the Governor's Mes

sage as refers to the Constitution of the State and the embarrasments

which some of its provisions are supposed to throw around the General

Assembly at its present session.

Senate has appointed Messrs. Sullivan, Buist and Thomson the Comf

mittee on the part of the Senate to meet the Committee of the House.

By order of the Senate.

F. J. MOSES, Presideut pro tem.


IN THE SENATE, October 27, 1865.

Mr. Speaker and Gentlemen of the House of Representatives :

The Senate respectfully concurs in the resolution of your House for the

appointment of a Special Committee to inquire whether a more suitable

place can be procured for the meeting of this General Assembly.

Senate has appointed Messrs. Townsend, Henry and Kershaw the Com

mittee on the part of the Senate to meet the Committee of the House,


F. J. MOSES, President pro tem.

The following meesage was received from the Senate:

IN THE SENATE, October 27, 1865.

Mr. Speaker and Gentlemen of the House of Representatives:

Senate has appointed Messrs. Tracy, Dozier and Davant a Committee

to confer with a similar Committee that may be appointed by the House }

and to report the proper mode of conducting elections by the General As

sembly under the viva voce system of voting, and has ordered that a mes.

sage be sent to the House requesting the appointment of a similar Com:mittee.


- F. J. MOSES, President pro tem.

Whereupon, the SPEAKER appointed Messrs. Mullins, Butler and

Norton the Committee on the part of the House. -

On motion of Mr. GRAHAM, the House was adjourned at 45 minutes

past 2 o’clock P. M. -

SATURDAY, OCTOBER 28, 1865. 31

SATURDAY, OCTOBER 28, 1865.



proceedings were opened with prayer by Rev. William Martin.

The Journal of yesterday’s proceedings was read.

The SPEAKER announced the following Standing Committees :

P1-ivikges and Elections.—Messrs. John A. Wagener, J. B. Campbell,

C. H. Suber, Hugo G. Sheridan, J. F. Pressley, W. Z. Leitner, W. C.

Keith, B. W Ball, M. C. Butler, F. J Sessions, Henry Tew.

Ways and Means.—Messrs. M. L. Bonham, J. Harleston Read, J. J.

Ryan, F. D. Richardson, Gabriel Cannon, T. C. Weatherly, James R.

Aiken, Edwin J. Scott, F. J. Porcher.

Federal Relations.-——Wm. S. Mullins, C. H. Suber, Wm. Henry Trescot,

W. F. Hutson, M. C. Butler, John W. Carlislc, William Wallace, Theo. G.

Barker, W. J. Alston. '

Judiciarg/.—Messrs. T. N. Dawkins, J. B. Campbell, R. A. Fair, C. H.

Simonton, Wm. H. Talley, Wm. F. Hutson, F. F. Warley, W. A. Walker,

J. S. Richardson, Jr.

Colored P0pulati0n.—Messrs. J. Harleston Read, S. W. Evans, Wm. S.

Mullins,W. K. Easley, Alfred M. Martin, A. B. Springs, Luke Culbreath,

H. L. Benbow, W; B. Flowers.

Military.—Messrs. A. C. Garlington, J. F. Pressley, Wm. J. Gayer, R. F.

Graham, B. M. Talbert, F. F. Warley, Wm. Wallace, T. G. Barker, Jos.

J. Norton.

Engrossed Acts.—Messrs. R. A. Fair, Wm. K. Bachman, W. A. Moore,

Benjamin Stokes, D. R. Duncan.

The following member attended, produced his credentials, was sworn,

and took his seat :

From Ckeste1fieldDis(rict: Mr. W. J. Hough.

The SPEAKER laid before the House proposals of F. G. De Fontaine

for the permanent printing of the House ; which was referred to the Com

mittee on Public Printing.

The SPEAKER called for petitions, memorials, presentments of Grand

Juries, returns of Commissioners, and such like papers, in the order of

Judicial Districts, commenfing with Abbeville.

Mr. JAMES R. AIKEN presented the petitions of sundry citizens of

Fairfield District, praying that the election precinct, known as “Jackson’s

Creek,” may be abolished ; which was referred to the Committee on Privi

lefis and Elections. .

r. PERRY presented the petition of B. F. Posey, in reference to the

State Road over the Saluda lllonntain ; which was referred to‘ the Com

mittee on Roads, Bridges and Ferries.

32 SATURDAY, OCTOBER 28, 1865.

Mr. WALSH presented the petition of Hugh J. Hoyd, relative to Char

ter of Gaflivant’s Ferry, over Little Pedee ; which was referred to the

Committee on Roads, Bridges and Ferries.

Mr. MOORE presented the petition of the Commissioners of Public

Buildings for Lancaster District, for an appropriation for rebuilding the

Jail, and for other purposes; which was referred to the Committee on

Public Buildings.

The SPEAKER called for resolutions, bills and motions, in the order of

Judicial Districts, commencing with Abbeville.

Mr. GILBERT introduced the following resolution; which was consider

ed immediately, and was agreed to:

Resolved, That it be referred to the Committee on the Military to

inquire and report as to the best means of immediately re-organizing and

equiping the Militia of the State of South Carolina.

Mr. WALSH introduced the following resolution; which was considered

immediately, and was agreed to:

Resolved, That it be referred to the Judiciary Committee to inquire and

report whether or not any legislation is necessary in relation to the ofiice

of Tax Collector in those Election Districts formerly consisting of separate

Parishes, each having its Collector.

Mr. WAGENERintroduced the following resolution, which was referred

to the Committee on Incorporations:

Resolved, That, in consideration of the late war, and the suspension of

many newspapers in this State, the Joint Resolution, requiring notice of

three months to be given of an application for any renewal of charter or

extension of the same, be suspended for this session. .

The SPEAKER called for reports of Special Committees.

Mr. EASLEY, from the Special Joint Committee, to whom was referred

so much of the Governor’s Message as refers to the Constitution, &c.,

made a report; which was made the Special Order of the Day for Monday

next at 1 o’clock P. M., and was ordered to be printed.

Mr. MULLINS, from the Special Joint Committee, as to the manner

of conducting elections in which both Houses of the General Assembly

are required to join, made a report; which was considered immediately,

was agreed to, and was ordered to be sent to the Senate for concurrence.


GENERAL ORDERS.

The resolution introduced yesterday by Mr. WARLEY, in relation to

the election of United States Senators, was ordered to be laid on the table.

Mr. YOUMANS introduced the following resolution, which was ordered

to be laid on the table :

Resnlped, That a message be sent to the Senate, inviting that bod to

umte with the House of Representatives to-day, the 28th inst,, at 2o’clock

SATURDAY, OCTOBER 28, 1865. 33

P. M., in an election for two United States Senators, for the terms com

mencing respectively on the 3d March, 1865, and the 3d March, 1861 ; the

person receiving the highest number of votes, and a majority, to have the

long term, and the person receiving the next highest number of votes, and

a majority, to have the short term.

Mr. HASKELL, from the Special Joint Committee, to whom war

referred aresolution in relation toamore suitable place for the Member:

of the General Assembly, made a report ; which was considered immedi

'tely, was agreed to', and was ordered to be sent to the Senate for concur

rence.

Message No. 3 was then received from the Governor, and was read by

his Private Secretary, Wm. H. Perry, Esq.

MESSAGE No. 3.

EXECUTIVE DEPARTMENT, SOUTH CAROLINA,

October 28th, 1865.

To the Honorable the Senate and House of Representatives :

GENTLEMENZ I have the pleasure of communicating to you the very

satisfactory report of the Hon. Wm. Henry Trescot, Agent of the State,

at Washington, in reference to abandoned lands and pardons. His mission

has been eminently successful. He found the President and General

Howard, the head of the Freedmen’s Bureau,, disposed to do justice to

the proprietors of abandoned lands, as willbe fully seen by his report

herewith sent you. It is to be hoped 'that~this important class of our

fellow-citizens will soon be, once more, restored to their homes and pos

sessions.

On the subject of pardons Mr. Trescot found the President kind and

accommodating. But great delay must necessarily attend the issuing of

pardons, where there are so many thousands of applicants. It would be

well for our citizens to be quiet and bide their time, in relation to the

hearing and action on their applications. When there is any urgent

necessity for the issuing of a pardon, and it is brought to the view of the

President, he will give such application precedence over others. And

with reference to this matter and the interest of the proprietor of aban

doned lands, it would be well to continue the agency for the present.

There are a ggdat many questions arising where it would be a great con

venience to the Provisional Governor and the people generally to have an

agent at Washirgton to present matters there to the President, head of

Departments, and the ofiicials of the different Bureaus, and give the

necessary information which may be desired.

I herewith send you the Report of Randolph Smith, General Super

intendent of the State Works, at Greenville, showing the amount of public

property in those Works, and the estimated value of the same. It will be

of great service to the commissioners who may be appointed to sell or

dispose of these Works. The total cost and ex enditure of the State on

these Works have been, in Confederate money, $507,866. 29. The present

estimated value, in Eederal currency, is $72,000. And it is altogether

propable that the property will not realize that amount. _ .

B. F. PERRY.

3

1

34 SATURDAY, OCTOBER 28, 1865.

/

The message was considered immediately, and

Mr. EASLEY introduced the following resolution ; which was agreed

to :

Resolved, That so much of Message No. 3 of the Provisional Governor

as refers to the Report of the “agent to Washington to ascertain from the

President what is the condition of the lands called ‘abandoned lands’ in

this State,” and so forth, with the report of the said agent, be referred to

the Committee on Federal Relations. And so much as refers to the re

port of the General Superintendent of the State Works at Greenville, with

the report of the said General Superintendent, be referred to theCommittee.

On motion of Mr. MULLINS,

Ordered, That when this House adjourns, it be adjourned to meet on

Monday next, at 12 o’clock M.

On motion of Mr. MULLINS, the House receded from business at 10

minutes past one o’clock P. M., for thirty minutes.

RECESS.

The SPEAKER resumed the Chair.

The Senate sent to this House the report of the Special Joint Commit

tee, on the subject in relation to the building to be used by the General

Assembly ; which was concurred in, and was ordered to be returned to the

Senate. Also,

Resolutions as to the election of Members to the House of Representa

tives of the Congress of the United States; which was referred to the

Committee on Privileges and Elections.

Mr. F. F. WABLEY introduced the following resolution ; which was

ordered to be laid on the table :

Resolved, That a message be sent to the Senate inviting that body to

unite with the House of Representatives, on Monday, the 30th instant, at

2 o’clock P. M., in an election for Chief Justice, to fill the vacancy occa

sioned by the death of Chief‘ Justice John Belton O’Neale.' 1}‘ '

Mr. DEPASS introduced the iollowing resolution ; which was referred

to the Committee on Railroads : V _

Whereas, The Directors of the South Carolina Railroad Company,

upon their own authority, have taken, and are proceeding to take up the

rails of the Camden Branch of the said Road ; and the State has a mort

gage upon the said Branch for a considerable amount of money, appro

priated and expended in the building thereof ; and it is against the wishes

and consent of the Stockholders of the said Road living in the Districts of

Sumter and Kershaw ; *

Be it Resolved, That the Solicitor of the Middle Circuit be instructed

to inquire into the legality of the action of the Directors of the said Road

MONDAY, OCTOBER 30, 1865. 35

in taking up the rails of the Camden Branch thereof ; and if illegal, that

such proceedings be instituted by him as will protect the interest of the

public and other parties concerned.

Resolved, That the foregoing be sent to the Senate for its concurrence.


In ruE SENATE, October 27, 1865.

llfr. Speaker and Gentlemen of the House of Representatives:

Senate respectfully proposes to the House that a vote be taken on Mon

day, 30th instant, at the House, at the hour of 1 o’clock P. M., to fill the

vacancy for the unexpired term of the second-class seat in the Senate of

the United States, from the State of South Carolina, and which term will

end on the 3d March, 1871; and that immediately after the said vote shall

have been taken, another vote be taken to fill the vacancy for the unex

pired term of the third-class seat in the said Senate, and which will end

on the 3d day of March, 1867. .

. By order of the Senate,


On motion of Mr. GRAHAM, ajmessage of concurrence was ordered to

be sent to the Senate.

P On motion of Mr. MULLINS, the House was adjourned at 2 o’clock

.M. 3 '

,. MONDAY, OCTOBER 30,1805. ' ‘ .

At the hour to which the House was adjourned, the Members met in the

Hall of the Clariosophic Society, the Clerk called the roll, when the

SPEAKER took the Chair, and a quorum being present, the proceed

ings were opened with prayer by Rev. P. J. Shand. V V .

The Journal of yesterday’s proceedings was read. _ _

The following Members attended, produced their credentials, weresworn, and took their seats : _ ' - i _ ' '

From Barnwell : Mr. Johnson Hagood. V

From Berkeley : Mr. J. J. Williams. . . V

From C7m'/‘lesion : Messrs. Thomas P. Ryan and S- Lord, Jr.

From York: Mr. W. C. Black. ' -

The SPEAKER laid before the House proposals of Julian A. Selby,

for the Printing of the House of Representatives; which was referred to

the Committee on Public Printing. -

A communication was received from Mr. J. L. Sorell; which was or

dered to be laid on the table. ~

The Senate sent to this House a resolution in relation to the Camden

.—

36 MONDAY, OCTOBER 30, 1865.

It--.__. _ .~_ __.

Branch of the South Carolina Railroad ; which was referred to the Com~

mittee on'Railroads. _

The SPEAKER announced the following Standing Committees :

Claims—Messrs. B. F. Crayton, J. T. Green, Rudolph Siegling, B. M.

Talbert, E. S. Keitt, Joseph T. Walsh, F. M. Wannamaker, D. C. Milling,

and Benj. Stokes.

Inco1p0rations—Messrs. Leroy F. Youmans, A. J. Shaw, W. P. Price,

W. K. Bachmau, W. L. DePass, C. B. Farmer, J. J. Browning, P. J.

Coogan, and B. R. Clyburne.

Roads, Bridges and Few-1'ies—Messrs. John T. Green, S. W. Evans, Luke

Culbreath, John G. Gaillard, David Gavin, John H. Goodwyn, Thomas

Jones, T. A. Lipsey, and J. J. Browning.

Railroads—Messrs. D. Wyatt Aiken, F. J. Porcher, J. M. Eason, W. L.

DePass, W. H. Perry, Jos. J. Norton, Charles Petty, and B. E. Elkin.

.Educati0n——Messrs. C. H. Simonton, T. P. Mikell, John W. Carlisle, J.

L. Coker, Wm. H. Talley, A. C. Haskell, J. S. Richardson, Jr., P. C.

Dozier, and Harris Covington. _

Internal Improvements——Messrs. E. T. Stackhouse, W. F. Barton, W. A.

Lee, Hugo G. Sheridan, W. E. Mikell, T. C. Howze, Benj. Lucas, T. H.

Russell, and F. Melchers.

Stale House and Gr0unds—Messrs. John P. Richardson, J. J. \Villiams,

Henry P. Hammett, A. B. Springs, R. N. Wright, A. S. Wallace, J. M.

Mulvaney, Wm. Stokes, and David Gavin.

Public Buildings—Messrs. T. P. Mikell, John T. Milligan, P. C. Dozier,

John H. Goodwyn, D. C. Milling, P. S. Coogan, Benj. Lucas, R. P. Todd.

Agricullure-Messrs. George Anderson, John A. Wagener, J. W. Raw

linson, R. E. Bowen, Alex. Copeland, R. M. Wright, W. A. Moore, E. S.

Keitt, W. J. Alston.

Commerce and 1l[anufaclm~es——Messrs. J. M. Eason, R. F. Graham, A. S.

Wallace, W. C. Keith, H. P. Hammett, A. A. Gilbert, W. F. Barton, H.

S. Tew, W. B. Flowers.

Qfltcers and O_fl‘ices—Messrs. J. J. Ryan, R. E. Bowen, B. W. Ball, J. L.

Coker, C. B. Farmer, D. R. Duncan, J. G. Gaillard, Charles Petty and

Wm. Stokes. , -

Lunatic As;/lum—Messrs. J. W. Hearst, A. S. Salley, A. W. Thomson,

Jr., G. E. Manigault, J. R. Sparkman, F. S. Lewie, John Landrum, E.

S. J. Hayes and J. Y. DuPre.

Accounts—Messrs. John Hanckel, W. H. Perry, Rudolph Siegling, T,

A. Lipsey, W. E. Mikell. B. R. Clyburne, R. P. Todd, F. M. Wannamaker,

and A. B. Woodruff.

Medical C'om.millee-—Messrs. J. C. McKewn, John Y. DuPre, Johu Lan~

drum, M. M. Hunter, E. S. J. Hayes, G. E. Manigault, F. S. Lewie, AV

W. Thomson, Jr., and A. S. Salley.

Printing—Messrs. Wm. P. Price, W. A. Leo, W. Z. Leitner, T. HV

Russel, F. Melchers, J. T. Milligan, Harris Covington, and A. A. Gilbert.

Legislative Library/—Messrs. A. J. Shaw, W. J. Gayer, John P. Rich

ardson, W. A. Walker, and Jos. T. Walsh.

Mr. Hagcod is added to the Committees on Colored Population and the

Military.

’ MONDAY, OCTOBER 30, 1865. 37


Juries, returns of Commissioners. and such like papers, in the order oi


The SPEAKER called for resolutions, bills and motions in the order of


Mr. IVHLLIGAN introduced the following resolution ; which was con-‘

sidered immediately, and was agreed to :

Resolved, That it be referred to the Committee on the Judiciary, to in

quire and report on the proprietg of exempting from levy and sale, or

execution for debt, the homestea , or house and lot, and household fur

niture, of any family bona fide citizens of the State of South Carolina ;

also, the working tools of artizans and mechanics.

Mr. WAGENER gave notice that to-morrow he will ask leave to intro

duce

ABill for the encouragement and protection of European immigra

tion. for the appointment of a Commissioner, and for other purposes.

Mr. MILLIGAN introduced the following resolution; which was or

dered for consideration to-morrow;

Resolved, That a Special Committee of Three be appointed, to confer

with a like Committee from the Senate, to inquire and report on the ex

pediency of adjourning this General Assembly, on Saturday next, to meet

in the city of Charleston, at the Regular Session, commencing the Fourth

Monday of November next.

E. SIMONTON introduced the following resolution; which was re

ferred to the Committee on the Judiciary :

Resolved, That “Petigru’s Code of the Statute Law of the State,” and

the Reports of the Commission on the same, be referred to an editor to

be elected by the General Assembly, whose duty it shall be to consider

the alterations and amendments recommended in said Reports, and incor

porate in, the work such of them, and such others, as he may deem proper,

as well as the “Addenda and Con-igenda” of the Commissioner, and the

recent legislation of the State, to adapt the work to the changes that have

been made in the Constitution ; to number the sections or paragraphs for

the purpose of reference ; and prepare a full general index of the whole.

Mr. BONHAM introduced the following resolution ; which was ordered

for consideration to-morrow :

Resolved, That the Clerk of the House have the seats in the Hall num

bered, and that to-morrow, immediately after the Journal is read, he pro

ceed to draw for seats of Members in the following manner : The names

of all the Members shall be placed in a hat on separate slips of paper;

the Clerk shall draw the names, one by one, and as each name is drawn,

the Member shall at once select his seat, which shall not be changed until

after all the names have been drawn, and each Member present shall have

had an opportunity to make his choice.

38 MONDAY, OCTOBER 30, 1865.

Mr. LEITNER introduced the following resolution; which was agreed

to :

Resolved, That it be referred to the Committee on the Judiciary to take

into consideration the fact that numerous arms of various descriptions, and

ammunition in considerable quantities, are in the possession of the free

negroes of South Carolina, and that said Committee be instructed to

recommend, if possible, to this House, the adoption of such measures as

will secure the following results: - -

First, The rendition of such arms and ammunition as are now in the

hands of said free negroes to the proper authorities of the State.

Secondly, As will secure the punishment of those persons who, in the

future, shall barter to or in any wise furnish arms and ammunition to said

free negroes.

Thirdly, As will, in the future, prevent said free negroes from retaining

in their possession arms and ammunition whenever or however obtained.

Mr. BARKER gave notice that to-morrow he will ask leave to introduce

A Bill to repeal the Usury Laws of this State. Also,

A Bill to abolish imparlances. Also, - -

A Bill to facilitate the collection of debts secured by mortgage.

Mr. GRAHAM introduced the following, resolution; which was agreed

to : - , - . - -

Resolved, That it be referred to the Committee on the Judiciary to in

quire and report what legislation, if any, is necessary as to the drawing of

juries for the Superior Courts of Law of this State, and that they have

leave to report by Bill or otherwise. - - - -

Mr. TALLEY gave notice that to-morrow he will ask leave to introduce

A Bill to amend an Act, entitled “An Act to alter the law in relation to

last Wills and Testaments, and for other purposes,” ratified 21st Decem

ber, A. D., 1858. - - .

Mr. J. S. RICHARDSON, Jr., introduced the following resolution;

which was agreed to : - - - . . . .

- Resolved. That it be referred to the Committee on offices and officers to

inquire and report the condition of the records in the various public offices

of such of the Judicial Districts of the State as have been visited by theenemy, or destroyed by fire.

Also, the following resolution ; which was agreed to : ,

Resolved, That it be referred to the Committee on Officers and Offices to

inquire and report upon the expediency of abolishing the office of Comp

toller-General. *

Mr. DAWKINS gave notice that to-morrow he will ask leave to intro

duce . ... " - -

A Bill to amend the charter of the Spartanburg and Union Railroad

Company. - -

The SPEAKER called for reports of Standing Committees.

MONDAY, OCTOBER 30, 1865. 39

On motion of Mr. WAGENER, the Committee on Priqileges and Elec

tions was discharged from the further consideration of resolutions from

the Senate in relation to the election of members to the House of Repre

sentatives of the Congress of the United States; and the same was ordered

to be laid on the table. i

Mr. WAGENER, from the Committee on Privileges and Elections,

made a report on the communication of A. C. Garlington, in reference to

his eligibility to a seat in the House ; which was agreed to.


In THE SENATE, October 30, 1865.

Mr. Speaker and Gentlemen of the House of Rq>rese'nz'alives :

Senate respectfully asks leave of the House to amend the report adopted

on Saturday, 28th instant, changing the place of meeting of the two

Houses of the General Assembly from the College Chapel to the two rooms

within the College Campus known as the Clariosophic Hall and the room

below, so as to provide that the Senate shall meet and hold its sessions in

the College Library room within the said College Campus. .

. By order of the Senate. ' .


On motion of Mr. DAWKINS, a message was ordered to be sent to the

Senate, refusing to grant leave to amend the report, and asking that a

Committee of Conference may be appointed on the subject matter.

Whereupon the SPEAKER appointed Messrs. Dawkins, Mullins and

Campbell of the Committee. “ '

Mr. READ gave notice that to-morrow he will ask leave to introduce

A Bill to amend the law now in force to prevent vagrancy.

Mr. BUTLER introduced the following _resolution ;wh1ch was agreed

to 1

Resolved, That apay bill shall issue to Mr. A. C. Garlington for the

usual per diem and mileage for coming to, returning, and for attendance

on this House.

Mr. DEPASS introduced the following resolution; which was agreed

to:

Resolved, That it be referred to the Committee on the Judiciary to

take into consideration the expediency of such legislation as will put a_

stop to free negroes keeping open shops and other markets of barter,

fraflic and sale as tend to collect numbers of idle negroes, to the manifest

Violation of good order, thereby breeding idleness and crime, other than

mch as are necessary and proper.


GENERAL ORDERS.

Resolution introduced by Mr. J. S. RICHARDSON, Jr., in relation to

4.0 MONDAY, OCTOBER 30, 1865.

(

\

the election of Chief Justice was agreed to, and a message was ordered to

be sent to the Senate, in accordance therewith.

SPECIAL ORDER.

On motion of Mr. EASLEY, the House proceeded to the consideration

of the report of the Special Joint Committee on so much of the Go

vernor’s Message as relates to the Constitution, &c.

The report was agreed to, and was ordered to be sent to the Senate for

concurrence.

On motion of Mr. YOUMANS,

Ordered, That the report of the Agent of the State at Washington, in

reference to abandoned lands and pardons, communicated to this House

with Message No. 3 of his Excellency, the Provisional Governor, be

printed.

Mr. LUCAS introduced the following resolution ; which was agreed to :

Resnlved, That it be referred to the Committee on the Judiciary to in

quire and report what action, if any, of the Legislature is necessary to

cause the return to Charleston of such records of Charleston District as

have not been destroyed. _


' In rm-1 SENATE, October 30, 1865.

Mr. Speaker and Gentlemen of the House : -‘

Senate proposes to your House that the elections for Senators tothe

Congress of the United States, ordered to be held in the hall of the House

of Representatives this day, at 1 P. M., shall be held forthwith, and the

Senators shall vote first, and the members of the House immediately there

after, and the presiding oflicers of the two Houses shall thereupon aggra

gate the votes, and the President of the Senate shall announce the result.


F. J. MOSES,

President of the Senate, pro fempore.

On motion of Mr HUTSON, the vote agreeing to the report of the Com

mittee on Privileges and Elections, on the communication of Mr. A. C.

Garlington, was reconsidered, and the report was made the Special Order

of the Day for to-mon-ow, at 2 o’clock P. M., and was ordered to be printd.

On motion of Mr. HANCKEL,


morrow at 12 o’clock M.

. On motion of Mr. MULLINS, a message of concurrence was ordered to

{ be returned to the Senate.

I On motions of Mr. YOUMANS, the vote agreeing to the resolution as to

the pay bill for Mr. A. C. Garlington was reconsidered, and the resolution

was ordered to be laid on the table. '

MONDAY, OCTOBER 30, 1865. 41*

The Senate attended and joined in the House in a vote for United States

Senator; whose term shall commence March 3d, 1865, and expire March

3d, 1871.

The following members of the House of Representatives voted for Mr.

Benj. F. Perry.

Messrs. Jas. R. Aiken, D. Wyatt Aiken, Alston, Anderson, Benbow,

Bonham, Bowen, Browning, Butler, Campbell, Cannon, Carlisle, Cly

burne, Coker, Coogan, Copeland, Covington, Crayton, Culbreath, Daw

kins, DePass, Dozier, Dupre, Duncan, Easley, Eason, Elkin, Fair,

Farmer, Gaillard, Gayer, Gilbert, Goodwyn, Graham, Green, Ha

good, Hammett, Hanckel, Haskell, Hayes, Hearst, Hough, Howze,

Hunter, Jones, Keith, Keitt, Landrum, Lee, Leitner, Lewie, Lipsey,

Lucas, Melchers, Milling, Moore, Mullins, Mulvaney, Norton, Perry,

Petty, Pressley, Price, Rawlinson, J. P. Richardson, J. S. Richardson, Jr.,

Russell, J. J. Ryan, J. P. Ryan, Shaw, Sessions, Springs, Stackhouse,

Talbert, Talley, Tew, Thomson, Todd, Trescot, Wagener, Walker, A. S.

Wallace, Walsh, Warley, Weatherley, Woodruff, Wright.

The following members of the House voted for Mr. J. L. Manning :

Messrs. Bachman, Ball, Barton, Flowers, Hutson, Manigault, Milligan,

Porcher, Read, F. D. Richardson, Salley, Sheridan, Siegling, William

Stokes, B. Stokes, Suber, Wannamaker, Williams, Youmans.

The following members of the House voted for Mr. Wm. Henry Tres

cot :

Messrs. Barker, Gavin, W. E. Mikell, Sparkman.

The following members of the House voted for Mr. F. W. Pickens :

Messrs. McKewn, T. P. Mikell, Mr. Speaker

The following members of the House voted for Mr. W. W. Boyce:

Messrs. Scott, Simonton. . -

Mr. Wm. Wallace voted for Mr. R. W. Barnwell, *

Upon aggregating the votes of the Senate and House of Representatives,

it appears that the whole number of votes given was 143 ; necessary to a

choice, 72.

Mr. B. F. Perry received 109; Mr. J. L. Manning received 24; Mr.

Wm. Henry Trescot received 4; Mr. F. W. Pickens received 3; Mr. W.

W. Boyce received 2; and Mr. R. W. Barnwell received 1.

Mr. B. F. Perry having received a majority of all the votes given, the

President pro tem, of the Senate announced that Benjamin F. Perry is duly

elected Senator in the United States Congress for the term commencing 3d

March, 1865, and terminating 3d March, 1871.

The Senate attended and joined the House in a vote for Senator to the

United States Congress, for the term commencing 3d March, 1865, and

terminating 3d March, 1867.

The following Members of the House voted for J. L. Manning :

Messrs. Anderson, Barton, Benbow, Bowen, Browning, Cannon, Coker,

Covington, DePass, Easley, Gilbert, Green, Hunter, Leitner, T. P. Mikell,

Read, J. P. Richardson, J. S. Richardson, Jr., Scott, Sessions, Stack

house, Walsh, Wannamaker.

The following Members of the House voted for J. B. Campbell:

Messrs. Barker, Coogan, Dozier, DuPre, Eason, Gailliard,"# Gra

ham, Hanckel, Lucas, Manigault, Melchers, W. E. Mikell, Milligan,

4

*|

42 ' TUESDAY, OCTOBER 31, 1865.

Milling, Mulvaney, Norton, Porcher, F. D. Richardson, T. P. Ryan,

Siegling, Simonton, Talley, Tew, Wagener, Warley, Weatherley,The following Members of the House voted for Wm. Henry Trescot :

Messrs. Crayton, Dawkins, Fair, Farmer, Gavin, Haskell, Lipsey, Mul

lins, Pressley, Russell, Shaw, Sheridan, _Spark1nan, William Stokes, B.

Stokes, Walker, Wright, Youmans.

The following Members of the House voted for F. W. Pickens :

Messrs. Bachman, Ball, Bonham, -Butler, Culbreath, Hagood, Hough,

Jones. Landrum, McKewn, Moore, Price, Rawlinson, Suber, Talbert,

Todd, Mr. Speaker.

The following Members of the House voted for W. W. Boyce :

Messrs. James R. Aiken, D. Wyatt Aiken, Alston, Clyblune, Elkin,

Flawers, Hayes, Hearst, Howze, Hutson, Keith, Keitt, Lee, Lewie, J. J.

Ryan, A. S. WaHace.

The following Members of the House voted for B. F. Dunkin :

Messrs. Carlisle, Copeland, Dlmcan, Goodwyn, Hammett, Perry, Petty,

Springs, Thomson, Wm. Wallace, Woodruff.

Upon aggregatiog the votes of the Senate and House of Representatives

it appeared that the whole number of votes given was 141 ; necessary/to a

choice, 71.

Mr. J. L. Manning received 33 votes ; Mr. J. B. Campbell received 32 ;

Mr. Wm. Henry Trescet received 24; Mr. F. W. Pickens received 22;

Mr. W. W. Boyce received 19 ; and Mr. B. F. Dunkin received 11.

No one having received a majority of all the votes given, the President

pro tem. of the Senate announced t at there was no election.

The Senate then returned to their chamber.

On motion of Mr. GRAHAM,

Ordered, That a message be sent to the Senate, proposing to that body,

to join the House in a second vote for United States Senator to-morrow,

at 1 o’clock P. M.

Qn motion of Mr. W. E. MIKELL, the House was adjourned at half

past 3 o’c1ock P. M.

TUESDAY, OCTOBER 31, 1865.

At the hour to which the House was adjourned, the Clerk called the

roll, when the SPEAKER took the Chair, and a quorum being present,

the proceedings were opened with prayer by Rev. Dr. Reynolds.

The Journal of yesterelay’s proceedings was read.

The SPEAKER laid before the House a communication from John T.

Sloan, Clerk of the Convention, enclosing resolutions adopted by that

body, requesting the publication of its proceedings with the Acts and

Resolutions of the General Assembly ; which was referred to the Commit

tee on Public Printing. .

. __.-P.

TUESDAY, OCTOBER 31, 1865. 43

-

Mr. R. S. Duryea, a member from Charleston, appeared, produced

his credentials, was sworn, and took his seat.

The following message was received from the Senate : '

In THE SENATE, October 30, 1865.


Senate respectfully asks leave of the House to alter the report of the

Special Committee on certain resolutions providing for an election of

Members of Congress for this State, by changing the time for meeting

of the Managers for Berkeley and Beaufort, by inserting 12 o’clock M.;

'lso, for leave to strike out Monday, the 13th, and insert Wednesday, the

22d, as the time of holding the general election.


_ F. J. MOSES, President pro fem.

On motion of Mr. MCKEWN a message was ordered to be sent to the

Senate granting leave to amend the report as indicated.

The SPEAKER called for petitions, memorials, preséntments of Grand

Juries, and such like papers, in the order of Judicial Districts, commen

cing with Abbeville.

Mr. LEITNER presented the petition of the Camden Bridge Company

praying for time to rebuild their Bridges over th‘e Wateree River ; which

was referred to the Committee on Roads, Bridges and Ferries.

Mr. TODD presented the petition of John S. Puckett and John Cun

ningham, praying the renewal of charter for ferry across Saluda River;

which was referred to the Committee on Roads, Bridges and Ferries.

The SPEAKER called for resolutions, Bills and motions in the order

of Judicial Districts, commencing with Abbeville. -

Mr. BROWNING introduced the following resolution ; which was

agreed to :

'Res0Zve(l, That it be referred to the Committee on the Judiciary to

inquire and report if some legislation is not necessary and expedient to

prevent owners of plantations from allowing their former slaves and other

free negroes from settling upon their premises and planting lands, paying

only a nominal rent.

Mr. SIMONTON introduced the following resolution; which was

agreed to :

Resolved, That in view of the destruction of the Legislative Library,

the Committee on Education be instructed to inquire into the propriety

of procuring, for the Members of the General Assembly, the use of the

College Library during the session. _ .

The Senate sent to this House a resolution in relation to Public School

Buildings in the city of Charleston ; which was-referred to the Committee

on Education.

Pursuant to notice, and by leave of the House, Mr. WAGENER intro

duced

44 TUESDAY, OCTOBER 31, 1865. -

J’

A Bill for the encouragement of European immigration, and for the

appointment of a Commissioner‘, and for other other purposes therein

expressed; which was read the first time, and was referred to the Com

mittee on Agriculture. _

Mr. SIEGLING introduced the following resolution ; which was

agreed to:

Resolved, That the Committee on Privileges and Elections be instructed

to prepare and report a Bill providing for the election of Electors of

President and Vice-President of the United States in the State of South

Carolina by the people.

Mr. LORD introduced the following resolution; which was agreed to :

Resolved, That it be referred to the Committee oh the Judiciary to

inquire and report as to the expediency of so altering the law of evidence,

in this State, as to make the parties to suits, either in the Courts of Equiy

or Law, competent witnesses ; and i11 cases of misdemeanor, to enable the

defendant to testify, when the prosecutor is produced as a witness on the

part of the State.

Hr. MULVANEY introduced the followingresolution; which was agreed

to :


report whether any, and if so, whatu additional legislation is necessai forthe purpose of more effectually carrying out the law. called the Lien diam,

and with a view to an extension of its provisions.

Mr. COKER gave notice that, to-morrow, he will ask leave to introduce

A Bill to create the oflice of General Superintendent of Free Schools,

and to amend the Laws in relation to Free Schools.

Mr. SHAW introduced the following resolution; which was agreed to

and was ordered to be sent to the Senate for concurrence. .

Resolved, That the Legislative Librarian be authorized and instructed

to provide a suitable room for the temporary reception and deposit of

such books and public documents as may be now on hand, or which may

be hereafter received, for the Legislative Library. '

Mr. MOORE introduced the following resolution; which was agreed to:

Resolved, That it be referred to the Judiciary Committee to iq_quire and

report what changes, if any, in the Law of Evidence, is rendered necessary

by the destruction of the pubhc records by the enemy, in their passage

tlirough this State in the early part of the present year.

Mr. HAYES introduced the following resolution; which was disagreed

to, and was ordered to be laid on the table :

lVhe1‘eas, all that portion of the State of South Carolina which was over

run by the army of General Sherman, and other Federal troops, has been


left a ene of desolation ; and, in many instances, extreme sufiering was

entaildii upon the inhabitants thereof; and, whereas, 1t 13 eminently just

and proper that this General Assembly should give expression in some

tangible form to the sympathy which is felt for this unfortunate class of

our fellow-citizens : be it, therefore, _ _

Resolved, That it be referred to the Judiciary Committee to inquire mto

and report as to the expediency of exempting, by law, all persons from,

taxation, for at least two years, who have suffered seriously in the loss of

property, by the invasion of the State by the said United States Military

forces.

Mr. GRAHAM gave notice that to-morrow he will ask leave to intro‘-'

duce a resolution to suspend, during the remainder of this Session, a por

tion of the Sixtieth Rule of this House. _ -

Mr. NORTON gave notice that to-morrow he will ask_ leave to introduce

A Bill to require Sheriffs, when requested to do, to put purchasers of

real estate at their sales, in possession, when the party as whose property

it is sold, or his tenant is possessed. I

Mr. PRESSLEY introduced the following resolution; which was agreed

to :

Resolved, That it be referred to the Committee on Roads, Bridges and

Ferries, to inquire into the expediency of changing the law, in this State,

in regard to working the public roads, so as to have the work done by

contract.

Pursuant to notice, Mr. TALLEY introduced

A Bill to amend an Act entitled “An Act to alter the Law in relation to

last Wills and Testaments, and for other purposes,” ratified 21st Decem-'

her, A. D. 1858 ; which was read the first time, and was referred to the

Committee on the Judiciary.

The Senate returned to this House, with concurrence, the report of the

Special Committee on certain resolutions, providing for the election of

Members of Congress from this State. Also,

Resolution for appointing Managers of Elections at a precinct in

Union. Also, ‘

Resolution appointing Managers at Spring Hill precinct, in Sumter

District. - .Mr. WALSH introduced the following resolution ; which, v)as agreed

to : '

Resolved, That it be referred to the Judiciary Committee to inquire

and report whether or not any legislation is necessary in relation to the

office of Tax Collector, in those Election Districts formerly consisting of

separate Parishes, each having its Collector.

Mr. KEITT introduced the following resolution ; which was agreed to :


report upon the expediency of inserting aclause in the Code to the follow

ing effect, viz: That no person shall hire a servant except said servant

1

46 TUESDAY, OCTOBER 31, 1865.

has a certificate of discharge from his former master, the Judge of the

District Court or Magistrate, under a penalty of one hundred dollars fine

and six months imprisonment.

On motion of Mr. LEITNER,

order. That a message be sent to the Senate inviting that body to

"unite with this House forthwith in a second vote for a United States Sen

:ator for South Carolina, to fill the third-class seat, ending March 3d, 1867,

Mr. SIMONTON introduced the following resolution; which was

agreed to : - -

Resolved, That the Committee of Ways and Means be instructed to

inquire and report if any means can be provided for the payment to pub

lic officers of some part of the salaries due them at an early day.

On motion of Mr. SIMONTON,



The Senate sent to this House the report of the Special Joint Com

mittee on resolution in relation to the change of the place of sitting of the

Senate; which was concurred in and was ordered to be returned to the

Senate.

The Speaker called for reports of Standing Committees. -

On motion of Mr. DAWKINS, the Committee on the Judiciary was

discharged from the further consideration of the resolution in relation to

offices of Tax Collectors in the Parishes, and the same was referred to the

Committee on Offices and Officers.

Mr. DAWKINS, from the Special Joint Committee on the resolution

as to changing the place of the meeting of the Senate, made a report ;

which was agreed to, and was ordered to be sent to the Senate for con

Cllrrence. - -

Mr. MULLINS, from the Committee on Federal Relations, made a

report on resolutions, in relation to removal of negro troops; which was

ordered for consideration to-morrow.


GENERAL ORDERS.

Resolution in reference to adjournment to Charleston was ordered to be

laid on the table.

Resolution in relation to drawing for seats in the House, was ordered

to be laid on the table. -



I

In THE SENATE CHAMRER, October 31, 1865.

Jfr. Speaker and Gentlemen of the House of Representatives :

Senate respectfully asks your body to allow it to amend the report and

resolutions of the Joint Committee of the two Houses, appointed for the

purpose of preparing and reporting to their respective bodies, the proper

method of conducting those elections in which the Senate and House are

required to join, by inserting after the word “Equity,” in first resolution,

the words, “the Treasurer and the Secretary of State ;” and to strike out

the word “and” after the words “Chief Justice.”


_ ' F. J. MOSES, President pro tem.

On motion of Mr. MULLINS, a message was ordered to be sent to the

Senate, granting leave to amend the report as indicated.


In THE SENAm, October 31, 1865.

Mr. Speaker and Gentlemen of the House of Representatives : _

Senate respectfully concurs in the message of your House, proposing to

enter forthwith in voting for United States Senator for the State of South

Carolina, to fill the third-class seat, ending the 3d of March, 1867.


F. J. MOSES, President pro lain.

SPECIAL ORDER. '

On motion of Mr. HUTSON, the House proceeded to the consideration

of the report of the Committee on Privileges and Elections, on the com

mimication of A. C. Garlington.

Mr. TRESCOT moved to amend the resolution accompanying the re.

port, by striking out all after the word “Resolved,” and inserting the fol

lowing : “That the ofiice of Adjutant and Inspector-General being

considered vacant by this House, the sitting Member, A. C. Garlington,

is entitled to his seat.”

Mr. SUBER moved to lay the amendment on the table, and the ques

tion being put, Will the House agree there to? it was decided in the afli_rm

ative.

Yeas, 76; nays, 43.

The yeas and nays were requested and are as follows :

Those who voted in the afflirmative are,

Hon. A. P. AnnRICH, Speaker; and Messrs. Bachman, Ball, Barker,

Barton, Benbow, Bonham, Bowen, Butler, Campbell, Carlisle, Coker,

Coogan, Copeland, Covington, Culbreath, Dawkins, DePass, Dozier, Du

Pre, Duncan, Farmer, Flowers, Gaillard, Gayer, Gilbert, Goodwyn,

Green, Hagood, Hanckel, Hayes, Hearst, Hutson, Keith, Keitt, Landrum,

Lee, Leitner, Lipsey, Lord, Lucas, Melchers, McKewn, T. P. Mikell, W.

E. Mikell, Milling, Petty, Porcher, Read, F. D. Richardson, John Peter

Richardson, J. S.' Richardson, J1-., J. J. Ryan, T. P. Ryan, Salley, Scott,

Sessions, Sheridan, Siegling, Simonton, Springs, Stackhouse, Benjamin

Stokes, Suber, Talley, Tew, Thomson, Todd, Wagener, Walker, William

Waflace, Walsh, Wannamaker, Weatherly, Williams, Yonmans.

48 TUESDAY, OCTOBER 31, 1865.

* Those who voted in the negative are,

Messrs. Jas. R. Aiken, D. Wyatt Aiken, Alston, Anderson, Black,

Browning, Cannon, Clyburne, Crayton, Duryea, Easley, Eason, Elkin,

, Evans, Fair, Gavin, d'. Hammett, Haskell, Howze, Hunter, Jones,

Lewie, Manigault, Milligan, Moore, Mullins, Mulvaney, Norton, Perry,

Pressley, Price, Rawlinson, Russell, Shaw, Sparkman, William Stokes,

Talbert, Trescot, A. S. Wallace, Warley, Woodruff, Wright.

So the amendment was not agreed to.

The report was then agreed to.

Mr. DEPASS introduced the following resolution; which was referred

to the Committee on Privileges and Elections :

Resolved, That A. C. Garlington, though Adjutant and Inspector-Gen

eral of the State of South Carolina, is entitled, by the Constitution of

this State, to a seat on the floor of this House, as the member elected from

the District of Newberry, and that he be allowed to take his seat.

The Senate attended and joined the House in a second vote for Senator

in the United States Congress, to fill the third-class seat, ending the 3d of

March, 1867.

The Senate having voted first, and the House having voted, it appeared

that the following named Members of the House voted for Mr. J. B.

Campbell : -

Messrs. Bachman, Barker, Coogan, Dozier, DuPre, Duryea, Eason,

Gaillard, Gayer, Graham, Hanckel, Lord, Lucas, Manigault, Melchers,

McKewn, W. E. Mikell, Milligan, Milling, Mulvaney, Norton, Porcher,

F. D. Richardson, T. P. Ryan, Siegling, Simonton, Talley, Tew, Wagener,

Warley, Weatherley and Williams. -

The following for Mr. J. L. Manning:

Messrs. Anderson, Ball, Barton, Benbow, Black, Bowen, Browning,

Cannon, Carlisle, Coker, Copeland, Covington, DePass, Duncan, Easley,

Evans, Gilbert, Goodwyn, Green, Hammett, Howze, Hunter, Hutson,

Keith, Leitner, T. P. Mikell, Perry, Petty, Price, Rawlinson, Read, J. P.

Richardson, J. S. Richardson, Jr., Salley, Scott, Sessions, Stackhouse,

Wm. Stokes, Todd, A. S. Wallace, Wm. Wallace, Walsh, Wannamaker

and Woodruff.

The following for Mr. Wm. Henry Trescot: .

Messrs. Crayton, Dawkins, Fair, Farmer, Gavin, Haskell, Lipsey, Mul

lins, Pressley, Russell, Shaw, Sheridan, Springs, B. Stokes, Walker,

Wright and Youmans.

The following for Mr. M. L. Bonham :

Messrs. Butler, Clyburne, Culbreath, Flowers, Hagood, Hough, Jones,

Landrum, Moore, J. J. Ryan, Sparkman, Suber, Talbert and Mr. Speaker.

The following for Mr. W. W. Boyce:

Messrs. Jas. R. Aiken, D. Wyatt Aiken, Alston, Elkin, Hayes, Hearst,

Keitt, Lee and Lewie. - -

Mr. A. W. Thomson, Jr.,, voted for Mr. B. F. Dunkin.

The votes having been aggregated by the President pro tem. of the Sen

ate, it appeared that the whole number of votes given was 145; necessary

to a choice, 73. -

WEDNESDAY, NOVEMBER 1, 1865. 49

Mr. J. L. Manning received 56; Mr. J. B. Campbell, 36; Mr. Wm.

Henry Trescot, 23 ; Mr. M.-L. Bonham, 17 ; Mr. W. W. Boyce, 12 ; Mr. B.

F. Dunkin, 1—total 145.

No one having received a majority of all the votes given, the President

pro tem. of the Senate announced that there was no election.

The Senate then returned to their Chamber.

On motion of Mr. GILBERT, the House was adjourned at 4 o’clock P.

M.

5

WEDNESDAY, NOVEMBER 1, 1865,



the proceedings were opened with prayer by Rev. Mr. Rude.


The SPEAKER announced thefollowing additions to Standing Com

mittees : '

Mr. B. S. Duryea is added to the Committee on Claims and on Commerce

and Manufactures.

Mr. Black is added to the Committee of Ways and Means. ,

Mr. Rawlinson is added to the Committee on Colored Population.

Mr. Sparkman is added to the Committee on Education. '

Mr. Siegling is appointed Cashier.

Mr. Thos. P. Ryan is appointed Deputy Cashier.

Mr. Lord is added to the Committee on the Judiciary.

Mr. Hough is added to the Committee or Engrossed Acts and Incor

porations.

The Senate sent to this House the report of the Special Joint Committee

as to the mode of voting by the General Assembly ; which was concurred

in and was ordered to be returned to the Senate.


Juries, returns of Commissioners, and such like papers, in the order o1


Mr. GAYER presented the petition of citizens of Charleston for incor

poration of the Young America Fire Engine Company, attached to the

Fire Department of the city of Charleston. Also,

Petition of A. Hilton, Jos. A. Morgan and others, for incorporation of

the Charleston Hook and Ladder Company No. 1, attached to the Fire

Department of the city of Charleston; which were severally referred to

the Committee on Incorporations.

Mr. MOORE presented the account of the Lancaster Ledger for public

printing. Also, _

Account of the Lancaster Ledger for public printing done before the

close of the war ; which were severally referred to the Committee on

Claims.

50 WEDNESDAY, NOVEMBER 1, 1865.

Mr. TALLEY presented the account of the Columbia Phoenix for public

printing; which was referred to the Committee on Claims.

The SPEAKER called for resolutions, bills and motions in the order of


Mr. HUTSON gave notice that to-morrow he will ask leave to introduce

A Bill to provide a mode by which to perpetuate testimony in relation

to Deeds and Records destroyed or lost.

Mr. WAGENER introduced the following resolution; which was ordered


Whereas, There seem to be doubts upon the minds of many people

whether this General Assembly have authority to conclude other business

in this special session, than that for which it has expressly been assembled

by the call of the late Convention, viz.: “To elect United States Senators,

and provide for the establishment of Congressional Districts, and the

election of United States Representatives, inasmuch as the Legislature now

by the new Constitution, Section 21, Article II, consists of the two Houses

and the Governor, and there being for this session no constitutional Governor;

and, whereas, Among other matters the new Code of Laws for the Freedmen,

requires a mature, serious and well-digested judgment, which can best be

formed by a consultation of the members of the two Houses with the

wise and experienced of their constituents, and by a careful inquiry into

such authoritative works, as may treat on similar subjects, and are for most

of us inaccessible now ; and also in deference to public opinion generally,

Resolved, That this General Assembly do adjourn on Friday next, at

4 o'clock P. M., to meet again in Regular Session, on the Fourth Monday

of the present month, at 12 o'clock M.

Mr. SIMONTON gave notice that to-morrow he will ask leave to intro

duce

A Bill to amend and renew the charter of the Calhoun Insurance Com

pany, of Charleston. -

Mr. WARLEY introduced the following resolution; which was agreed

to :

Resolved, That five hundred additional copies of the Code, prepared by

the order of the late Convention, be printed for the use of the Members

of the House; Provided, That the form, upon which the late edition was

printed, has not been distributed.

Mr. COKER introduced the following resolution: which was agreed

to :

Resolved, That a message be sent to the Senate inviting that body to

unite with this House forthwith, in a third vote for United States Senator,

(third class) and if there is no election on the third vote, to unite with

this House immediately thereafter, in a fourth vote for the said United

States Senator.

Mr. LEITNER introduced the following resolution; which was agreedto : -


Resolved, That it be referred to the Committee on Public Printing to

inquire and report as to the necessity of having the Acts and Journals of

the last General Assembly of this State reprinted.

Mr. MOORE gave notice that to-morrow he will ask leave to introduce

ABifl to restrain Confessions of Judgment, and Assignments of pre

ferring Creditors.

Pursuant to notice, and by leave of the House, Mr. GRAHAM intro

duced the following resolution; which was agreed to, two-thirds of the

House voting therefor :

Resolved, That so much of Rule Sixty of this House, ‘as requires the

Speaker to call in alphabetical order, of Judicial Districts, for petitions,

memorials, presentments of Grand Juries, returns of Commissioners, and

such like papers, be suspended for the remainder_of this Extra Session.

Mr. MULLINS introduced the following resolution; which was

agreed to :

Resolved, That it be referred to the'Jr.;liciary Committee to inquire

and report whether the offices of Treasurer of the Upper and Lower

Divisions have been abolished by the provisions of the new Constitution,

providing for a single Treasurer for the entire State.

I Pursuant to notice, and by leave of the House, Mr. NORTON intro

‘ uced '

A Bill to require Sheriffs, when requested to do so, to put pur

chasers of Real Estate at their sales, in possession within one month,

when the party as whose property it is sold, or his tenant is possessed;

which was read the first time, and was referred to the Committee on the

Judiciary.

Mr. BUTLER introduced the following resolution; which was agreed to:

Resolved, That the five hundred additional copies of the new Code,

ordered to be printed for the use of this House, be distributed by the

messenger to the Chairman of each Delegation, in proportion to the

number of said Delegations, that they may be equally distributed among

the members.

The following message was received from the Senate : ' _

In THE SENA-TE, November 1, 1865.

Hr. Speaker and Gentlemen of the House of Representat‘ives :

Senate respectfully concurs and will unite with the House forthwith, in

a voting for the third-class seat in the Senate of the United States ; and if

there is no election on this, the third vote, to unite with your House im

mediately thereafter in a fourth vote for the said United States Senator.

_ By order of the Senate.' _

F. J. MOSES, President pro (em.


Mr. SHAW introduced the following resolution; which was agreed to :

Resolved, That it be referred to the Committee on Education to inquire

and report as the propriety of transferring to the Legislative Library, one

or more copies of the Acts and Resolutions of the General Assembly,

which, under Joint Resolution of 1842, have been annually transferred to

the College Library.

Mr. WARLEY gave notice that to-morrow he will ask leave to introduce

A Bill to amend the law allowing insolvents to prefer creditors.

Mr. GILBERT introduced the following resolution; which was ordered


Resolved, That a message be sent to the Senate, inviting that body to

forthwith unite with the House in an election for Chancellor, to fill the

vacancy on the Chancery Bench of the State of South Carolina.


Mr. SIMONTON, from the Committee on Education, made a report on

Resolution from the Senate in relation to the Public School Buildings

in the city of Charleston; which was ordered for consideration to-morrow.

Also, made a report on a

Resolution in relation to procuring the use of the College Library for

members of the General Assembly; which was considered immediately,



IN THE SENATE, November 1, 1865.


Senate concurs in your proposition to proceed to a voting for Chief

Justice, immediately after the voting for United States Senator.

By order. -


The Senate attended and joined the House in a third vote for United

States Senator from South Carolina, to fill the third-class seat, ending on

the 3d March, 1867. The Senate having voted first, and the House having

voted, it appeared that the following members of the House of Repre

sentatives voted for Mr. J. L. Manning:

Hon. A. P. ALDRICH, Speaker; and Messrs. J. R. Aiken, Bachman, Barton,

Benbow, Black, Bonham, Bowen, Browning, Butler, Clyburne, Coker,

Covington, Culbreath, DePass, Dozier, Duryea, Elkin, Evans, Farmer,

Flowers, Gavin, Gayer, Gilbert, Goodwyn, Graham, Green, Hagood,

Hammett, Hayes, Hough, Hunter, Hutson, Jones, Landrum, Leitner,

Lewie, Lord, Lucas, Manigault, T. P. Mikell, W. E. Mikell, Milligan,

Milling, Mullins, Perry, Pressley, Price, Read, John Peter Richardson,

J. S. Richardson, Jr., J. J. Ryan, T. P. Ryan, Salley, Scott, Sessions,

Shaw, Sheridan, Siegling, Sparkman, Stackhouse, B. Stokes, William

Stokes, Suber, Tew, A. S. Wallace, William Wallace, Walsh, Wanna

maker, Warley, Weatherley, Williams, Youmans.


n

The following members voted for Mr. T. N. Dawkins :

Messrs. D.Wyatt Aiken, Alston, Anderson, Ball, Barker, Cannon, Carlisle,

Coogan, Copeland, Crayton, DuPre, Duncan, Fair, Gaillard, Hanckel,

Haskell, Hearst, Howze, Keith, Keitt, Lee, Lipsey, Melchers, McKewn,

Moore, Mulvaney, Norton, Petty, Porcher, Rawlinson, Russell, Simonton,

Springs, Talbert, Talley, Thomson, Todd, Trescot, Wagener, Walker,

Woodruff, Wright.

The PRESJDENT pro tem. of the Senate having aggregated the votes

of the Senate and the House of'Representatives, it appeared that the

whole number of votes given was 145 ; necessary to a choice, 73.

Mr. J. L. Manning had received 95 votes. _

Mr. T. N. Dawkins had received 50 votes.

Whereupon the PRESIDENT pro tem. of the Senate announced that

Mr. J. L. Manning, having received a majority of all the votes given; is

duly elected Senator to the United States Senate, to fill the third-class

seat ending on the 3d day of March, 1867.

Mr. J. -S. RICHARDSON, Jr., introduced the following resolution;

which was agreed to, and a message was accordingly ordered to be sent

to the Senate:

Resolved, That a message be sent to the Senate inviting that body to unite

with this House in a vote for the vacant oflice of Chief Justice of the

Court of Appeals this day, immediately after the vote has been taken for

Senator from South Carolina to the United States Congress.

The Senate and House‘ then proceeded to vote for a Chief Justice.

The Senate having first voted, and the House having voted, it appeared

that the following Members of the House of Representatives voted for

Hon. B. F. Dunkin :

Hon. A. P. ALDRICH, Speaker, and Messrs. James R. Aiken, D. Wyatt

Aiken, Alston, Anderson, Bachman, Ball, Barker, Barton, Benbpw, Black,

Bonham, Bowen, Browning, Butler, Cannon, Carlisle, Coker, Coogan,

Copeland, Covington, Crayton, Culbreath, Dawkins, Dozier, DuPre,

Duncan, Duryea, Elkin, Fair, Farmer, Flowers, Goillard, Gayer,

Gilbert, Goodwyn, Graham, Green, Hagood, Hammett, I-Zanckel, Haskell,

Hayes, Hearst, Howze, Hunter, Hutson, Keith, Keitt, Lee, Lewie, Lipse ,

Lord, Lucas, Manigault, Melchers, McKewn, T. P. Mikell, W. E. Mikell,

Milligan, Milling, Moore, Mullins, Mulvaney, Norton, Perry, Petty,

Porcher, Pressley, Price, Read, J. P. Richardson, J. S. Richardson, Jr.,

Russell, J. J. Ryan, T. P. Ryan, Salley, Scott, Sessions, Shaw, Sheridan,

Siegling, Simonton, Sparkman, Stackhouse, B. Stokes, Wflham Stokes,

Talbert, Talley, Tew, Thomson, Todd, Trescot, Wagener, Walker, Wm.

Wallace, Walsh, Wannamaker, Warley, Weatherly, Williams, Woodrufi,

Wright, Youmans.

The following Members voted for Hon. T. J. Withers :

Messrs. Clyburne, DePass, Gavin, Hough, Jones, Landrum, Leitner,

Rawlinson, Springs, A. S. Wallace.

The votes of the Senate and House of Representatives having been

aggregated by the President pro tem. of the Senate, it appeared that the

whole number of votes given was 144; necessary to a choice 73.

1

54 THURSDAY, NOVEMBER 2, 1865.

Hon. B. F. Dunkin received 130 votes.

Hon. '1“. J. Withers received 14 votes.

Whereupon the PRESIDENTpro tem. of the Senate annolmced thatHon.

B. F. Dunkin is duly elected Chief Justice of the State of South Carolina.

Mr. .CANNON introduced the following resolution; which was agreed to:

Resolved, That it be referred to the Committee on Ways and Means to

recommend to the House some plan by which the various Tax Collectors

of the State may return the amount of taxes received by them in Confed

erate money and yet in their possession, or in what way the same shall be

disposed of so as to relieve said Collectors from future liability on that

account.

On motion of Mr. LORD,

.Or‘lere‘l, That when this House adjourns, it be adjourned to meet to

morrow, at 12 o’clock M.

Mr. D. WYATT AIKEN, from the Committee on Railroads,'made a

report on resolution in relation to instructing the Solicitor to make an

inquiry relative to the removal of the iron from the Camden Branch of the

South Carolina Railroad; which was considered immediately, was agreed

to, and was ordered,to be sent to the Senate for concurrence.

Pursuant to notice, and by leave of the House, Mr. BARKER intro

duced '

A Bill to repeal the Usury Laws of this State ; which was read the first

time, and was referred to the Committee on the Judiciary.

On motion of Mr. DAWKINS, the 'vote by which the report of the

Committee on Privileges and Elections on the communication of Mr. A.

C. Garlington was agreed to, was reconsidered ; and,

On motion of Mr. MULLINS, the report was made the Special Order

of the Day for to-morrow, at 1 o’clock P. M. _

Mr. DAWKINS, from the Committee on the Judiciary, made areport on

the petition of the Clerk of the Court from M'rlboro, and reported

A Bill to provide for the ordering of Juries in certain cases ; which was

-read the first time, and was ordered for consideration to-morrow.

On motion of Mr. GRAHAM, the House was adjourned, at fifteen

minutes past 2 o'clock P. M.

THURSDAY, NOVEMBER 2, 1865.



the proceedings were opened with prayer by Rev. Mr. Pringle. .

E The Journal of yesterday? proceedings was read. '

The Senate sent to this ouse

A Bill to amend an Act to incorporate the Elmore Insurance Company,

THURSDAY, NOVEMBER 2, 1865. 55

__

to be located in the city of Charleston ; which was read the first time, and

was referred to the Committee on Incorporations. Also,

Resolution in relation to the continuance of the Session of the Legisla

ture ; which was ordered for consideration to-morrow.


Juries, returns of Commissioners, and such like papers.

The SPEAKER laid before the House the petition of John H. Laflitte,

Jr., praying for the charter of a bridge ; which was referred to the Com

mittee on Roads, Bridges and Ferries.

Mr. PERRY presented the petition of M. D. Dickens, with reference

to the State Road over the Saluda Mountains ; which was referred to the

Committee on Internal Improvements.

Mr. NORTON presented the petition of John G. C. Kruse for a divorce

from Catherine K. KTHSG; which was referred to the Committee on the

Judiciary. '

The SPEAKER called for resolutions, bills and motions.

Pursuant to notice, and by leave of the House, Mr. HUTSON introduced s

A Bill to rovide a mode by which to perpetuate testimony in‘ relation

to deeds and records destroyed or lost ; which was read the first time, and

was referred to the Committee on the Judiciary, and was ordered to be

printed. '


Resolved, That it be referred to the Military Committee to inquire into

the necessity of an early re-organization of the Militia of this State, and

report upon the practicability_ of organizing a_small military police for

each District, subject to the orders of the District Judge.

Mr. BONHAM introduced the following resolution ; which was agreed

to:

Resolved, That it be referred to the Committee on the State House and

Grounds to inquire and report as to the expediency of covering the new

capitol with a wooden or tin roof, and fitting up the interior for the use

of the General Assembly.

On motion of Mr. WABLEY, the vote by which the resolution was

agreed to, yesterday, ordering the printing of 500 copies of the Report of

the Commission of the Code, was reconsidered ; and ' "

Mr. WARLEY introduced the following resolution; which was agreed

to: ‘,

Resolved, That the order of this House, for the printing of five hundred

additional copies of the Code, prepared by order of the late Convention,

be rescinded : Provided, The printing has not yet been done, and that the

Printer be immediately informed of the action of the House in this mat

ter.

Mr. WALSH introduced the following resolution; which was referred

to the Committee on Oflices and Ofliceis :

‘56 THURSDAY, NOVEMBER 2, 1865.

Resolved, That a message be sent to the Senate, inviting that body to

unite with this House, this day, at 2 o’clock P. M., in an election for one

Associate Justice, to fill the vacancy on the Appeal Bench.

Pursuant to notice, and by leave of the House, Mr. COKER introduced

A Bill to create the oflice of General Superintendent of Free Schools,

and to amend the laws in relation to Free Schools; which was read the

first time, and was referred to the Committee on Education.

Pursuant to notice, and by leave of the House, Mr. SIMONTON intro

duced


pany of Charleston; which was read the first time, and was referred to

the Committee on Incorporations.

Pursuant to notice, and by leave of the House, Mr. MOORE introduced

A Bill to restrain Confessions of Judgment and Assignments preferring

Creditors ; which was read the first time, and was referred to the Commit

tee on the,Judiciary.

Mr. DEPASS introduced the following resolution ; which was ordered

to be laid on the table : _

4‘

Resolved, That in view of the unarmed condition of this State, owing to

the complete disorganization of the mililia, and the contemplated early

withdrawal of the garrisons of the United States army therefrom, it is the

sense of this House that the Committee on the Military report as soon as

practicable a Bill to provide for the immediate military organization of

the State, and that the Committee have leave to report by Bill or other

wise.

Mr. W. E. MIKELL introduced the following resolution ; which ‘was

agreed to :


report as to the propriety of so amending the Law of Pleading, as to ex

pedite the business of the Circuit Court.

Mr. BUTLER gave notice that to-morrow he will ask leave to introduce

A BilPto amend the 28th Section of the 1st Article of the Constitution

of this State, so as to disqualify certain salaried oflicers from taking seats

as Members of this House.


Resolved, That the Clerk of this House is hereby instructed to inform

Hon. B. F. Dunkin of his election, by the General Assemblyof this State,

as Chief Justice of the State of South Carolina.

Mr. BARKER introduced the following resolution ; which was agreed

to :

Resolved, That it be referred to the Committee on the Military to in

quire and report as to the expediency of reducing the salary of the oflice

of Adjutant and Inspector-General to a scale commensiu-ate with the pres

ent importance of the State as a military power.

t THURSDAY, NOVEMBER 2, 1865. 57.'


Mr. WAGENER, from the Committee on Privileges and Elections, made.

a report on the petition of sundry citizens of Fairfield. District to abolish.

the election precinct known as Jackson's Creek; which was ordered for

consideration to-morrow. Also, - -

Made a report on resolution in relation to the seat of A. C. Garlington

in this House; which was made the Special Order of the Day for this day

at 1 o’clock P. M. . . - -

Mr. YOUMANS, from the Committee on Incorporations, made a report

on resolution to suspend, for the balance of this Session, the Joint Resolu

tion requiring three months notice of application for incorporations, &c.

Also.

Made a report on the petition of the Carolina Mutual Insurance Com

pany, of Charleston, for a renewal of charter of incorporation; which were

severally ordered for consideration to-morrow. -

Mr. SIMONTON, from the Committee on Education, made a report on:

a resolution as to the propriety of transferring to the Legislative Library

Yne or more copies of Acts and Resolutions from the College Library;

, 'hich was ordered for consideration to-morrow.

1. The House proceeded to the consideration of the

GENERAL ORDERS.

The report of the Committee on Federal Relations on resolutions in:

relation to the removal of negro troops, was agreed to, and was ordered to.

be sent to the Senate for concurrence. - -

The resolution in relation to the adjournment of this General Assembly,

to meet again on the fourth Monday in November, was ordered to be laid.

on the£ - -

he report of the Committee on Education, on resolution from the

Senate, was concurred in, and was ordered to be returned to the Senate.

Resolution with reference to the election of a Chancellor, was ordered.

to be laid on the table. - -

A Bill to provide for the drawing of Juries, in certain cases, was recom

mitted to the Committee on the Judiciary.

The following communication was received from Mr. Julian A. Selby :

- * - PHOENIX OFFICE,

- Cor UMBIA, S. C., November 2, 1865.

Hon. A. P. ALDRICH, Speaker of the House :

The Code has been printed, is now being folded and stitched, and will

be delivered in about an hour.

- Respectfully, - -

* JULIAN A. SELBY.

SPECIAL ORDER. o

On motion of Mr. PRESSLEY, the House proceeded to the considera

tion of the report of the Committee on Privileges and Elections on the

communication of Mr. A. C. Garlington. Also,

The report of the same Committee on resolution as to the seat of A. C.

Garlington, as a Member of this House; which had been made the Special

Order of the Day, for this day, at 1 o'clock P. M. -

The report on the communication was ordered to be laid on the table.

The report an the resolution was agreed to, and the opinion of the

Attorney-General in the case, was ordered to be printed in the Journal

An opinion is required on the question whether the Adjutant-General ot

5 -

58 THURSDAY, l NOVEMBER 2, 1865.

the State is eligible to a seat in the General Assembly. Section 28th of

the let Article of the present Constitution reads as follows, viz: '

“ No person shall be eligible to a seat in the General Assembly whilst he

holds any oflice of profit or trust under this State, the United States of

America, or any of them, or under any other power, except ofl‘.icers in the mi

litia, army or navy in this State, Magistrates or Justices of Inferior Courts,

while such justices receive no salaries; nor shall any contractor of the

army or navy of this State, the United States of America, or any of them,

or the agents of such contractor, be eligible to a seat in either House. And

if any member shall accept or exercise any of the said disqualifying

oflices, he shall vacate his seat.” '

The Adjutant-General is supposed to come under the inhibition of

this section, his being certainly an oflice both of profit and trust held

under this State. It 1s quite as clear, however, that he is an ofilcerdn the

militia, and comes, therefore, under. the exception. I think, therefore,__

that the Adjutant-General is eligible to a seat in the General Assembly.

The Constitution of 1790 and 1860 dilfers in expression from the lan

guage cited from the present Constitution. In the two .former, the pro

vision reads as follows : -

“ No person shall be eligible to a seat in the Legislature whilst he holds.

any oflice of profit or trust under this State, the United States, or either

of them, or under any other power, except oflicers in the militia, army, or

navy of this State, Justices of the Peace, or Justices of the County

Courts, while they receive no salaries.”

The phrase, “ while they receive no salaries” had been construed, as

applying to all the excepted oflicers, and not merely the “Justices of the

County Court;” the last named class. The language of the new Consti~

tution removes this ambiguity. -

J. W. HAYNE, Attorney-Geneiral.-

We concur : _

C. D. Mnmox,

Solicitor Northern Circuit,

‘Simeon FAB,

Solicitor Middle Circuit. '

On motion of WARLEY, - ‘I

Orcle1'ecI, That when this House adjourns, it be adjourned to meet to-

morrow, at 12 o’clock M. ‘ .

Mr. F. D. RICHARDSON introduced the following resolution ; which

was agreed to : ,

Resolved, That in view of the probability that a large portion of the

freed persons of this State will be without employment next year, as well

in consequence of the known disinclination of many of them to contract to

work, as because of the inabilitiy of our citizens, arising f1,-om the destruc

tion ‘of plantation working stoc , agricultural implements, and the means

of subsistence, to employ them, eren if they were willing to contract, it be

referred to the Chairmen of the Committees on Colored Population, of

Ways and Means, on Internal Improvements, and on Roads, Bridges and

Ferries, actin as a Special Committee, to inquire into and report, (if.expedient unflg practicab1e,) a plan for furnishing through works,

or otherwise, additional employment to such freed personsas may be

unable to procure agricultural employment, and upon which those who

are disinclined to enter into contracts may be compelled to labor_

I

—'T‘T”'..-'' ———'-'-‘v<vv-v-"

I

V

_ FRIDAY, rrovnunna 3, Isss. ’ 59

On motion of Mr. BONHAM, Mr. F. D. Richardson was addedto the

Committee, and made Chairman of the same.

On motion of Mr. PRESSLEY, the House was adjourned {it 3 o’clock

P. M. ' ’

..

,._.—-._.

a

I .

' ‘ FRIDAY, NOVEMBER 3, 1865. . _


roll, when'~the SPEAKER took the Chair, and a quorum being present,

the roceedings were opened with ‘prayer by ‘Rev. Dr. Howe.

The Jo'1n'na1 of yesterday’s proceedings was read. '

Mr. Stephen Elliott, a Member elect from Beaufort, appeared, produced

his credentials, was sworn, and took his seat. '

The ‘SPEAKER announced the following‘ additions to the Standing

Committees : ' ‘ ' ' 3 '

Mr. Elliott is added to the l\Iilit’a1'_v'Cornmitl5ee and Federal Relations.

Mr. Lucas is added to the Committee on the State House and Grounds.

Mr. Easley is added to the Committee on Education,

The Senate returned to this House the report of the Committee on Rail

roads on resolution relative to instructing the Solicitor of the Middle

Circuit to report on the matter of the removal of the iron from the Camden

Branch of the South Carolina Railroad.

The SPEAKER called for petitions, incmorials, prcsentments of Grand

-lurics, returns of Coininissioners, and such like papers.

Mr. SHAW presented the account of J. L. Cooper, Jailor of George

town District, for dieting prisoners ; whieh was referred to the Committee

on (ll.'.l.11'lS’. - ' .

Mr. PERRY presented the letter and article of Mr. DeBow on in1migra

tion ; which was referred to the Committee on Agriculture. Also,

The Annual Report of the Acting Commissioner and Architect of the

New State House for the fiscal year ending September 30, 1865; which was

referred] to the Committee on the State House and Grounds, and was

ordered to be printed. '

Hr. WAGENER presented the petition bf Schiller Lodge, No. 30, of

Odd Fellows, of South Carolina, for an Act of Incorporation ; which was

referred to the Committee on Incorporations.

The SPEAKER called for bills, resolutions and motions.

Mr. G-ARLINGTON introduced the following resolution; which was

ordered for consideration to-morrow : '

W'hereas, In the present exhausted state,of the Treasury and impover

ished condition of the people, it is necessary that there should be a reduc

tion in the expenses of the State Government, which will lighten the bur

den of taxation ; therefore, ‘

Resolved, That a Standing Committee of this House be raised, to be

called the Committee on Retrenchments, to whom all matters involving

the reduction of salaries, fees, and expenditures generally, shall be re

ferred.

Mr. J. S. RICHARDSON, Jr., gave notice that to-morrow he will mil:

leave to introduce i '

A Bill to amend the law known as the Stay Law. Also,

A Bill to establish a ‘Homestead Law. Also,~ /

60 FRIDAY, NOVEMBER 3, 1865.

A Bill to enable farmers to introduce books of original entries as e

denoe in all cases relating to the transactions and operations of the far

Mr. J. S. RICHARDSOH, Jr., introduced the following resolutio:

which was ordered for consideration to-morrow : '_

Resolved, That it be referred to the Committee on Reads, Bridges a

Ferries to inquire and report what alterations are necessary in the Bo

Law, m order to make the present altered condition of the labor of t

country subservient to the ends sought in said law.

dnljglélflllfint to notice, and by leave of the House, Mr. BARKER int:

-'AlBillito' abolish imparlances in suit at law ; which was read the fi:

itime, and referred to the Committee on the Judiciary.

On motion of Mr. TRESCOT, leave of absence was granted to John

1‘Sloa.n, Clerk of the House, for four days. _

'On‘motion of Mr. TRESCOT, a message was ordered to be sent to t

1.Sezmte, informing that body that David B. Sloan, Assistant Clerk, is autl

rized to sign the name of the Clerk during his temporary absence.

Mr. BARKER introduced the following resolutions; w ich we're referr

to the Committee on Federal Relations :

Resolved, That, in the opinion of this General Assembly, the people

South Carolina have fully complied with the requirements of the Amnes

IPr0clamation of his Excellency Andrew Johnson, President of the Unit

7States, dated 29th May. 1865.

Resolved, That having given the strongest practical proofs of thi

.entire acquiesence in the results of the war, including the Bmancipatii

.of their slaves, the people have fairly entitled themselves to the benef

vflf amnesty guaranteed them by that proclamation.

Resolved, That the continuance of Martial Law, and the further suspe

sion of the writ of habeas corpus within the limits of ’ the State, is nicc

sistent with the restoration of civil government, and the proper subore

nation of the military to the civil power, required by the Constitution

the United States.

Resolved, That the people of South Carolina fully appreciate the di

-ciilties which have surrounded the President of the United Statss, a'

echeerfull accord to him the tribute due to clemency in the exercise_

"power. That, acknowledging their position at the close of the war to

been that of a conquered people, yet having accepted the terms w

were offered them, and having fully complied with all the conditions t

proposed, the public faith of a great Government stands solemnly pled

efore the eyes of the world, to release them from military rule,'_and

restore them to all their rights in the Union. i

Pursuant to notice, and by leave of the House, Mr. BARKER inti

duced - ‘

A Bill to facilitate the collection of Debtssecured by Mortgage of Bi

Estate ; which was read the first time, and was referred to the Comniitl

.on the Judiciai . . ‘i

The SPEAKER called for reports of Standing Committees. ' ‘

‘Mr. YOUMANS, from the Committee on Incorporations, made a repl

-on

A Bill from the Senate to amend An Act to incorporate the Elml

"Mutual Insurance Company, to be located in the city of Charleston ;

And upon the petition of the President and Directors of the Elmt

Mutual Insurance Company, praying an amendment of their chard

iwhich was ordered for consideration to-morrow. i

___,qqq,--- _ ."~

I

FRIDAY, NOVEMBER‘ 3, 1865. .61

I‘

Mr. GREEN, from the Committee on Roads, Bridges and Ferries, made

va report on the resolution directing them to inquire into the expediency

of changing the law in regard to working the public roads; which was

ordered for consideration to-morrow. ‘

On motion of Mr. GREEN, the Committee on Roads, Bridges and Fer

ries was discharged from the further consideration of the petition of B.

F. Posey, in reference to the State Road over the Saluda Mountains; and

the same was referred to the Committee on Internal Improvements.

Mr. PRICE, from the Committee on Public Printing, made a report on

proposals of F. G. DeFontaine, and Julian A- Selby, and communication

cg John T. Sloan, Clerk of the Convention, respecting certain printing.

-L so, V

On the resolution to inquire as to the necessity of re-printing the Acts

and Resolutions of the last General Assembly; which were considered

immediately, were agreed to, and were respectively ordered to be sent to

the Senate for concurrence. l

Mr. SIMONTON introduced the following resolution ; which was agreed

'to :

Resolved, That the Committee on Public Buildings be instructed to

report, as soon as practicable, some plan whereby all public records of the

various Districts of the State, which have been removed in order to escape

the hands of the enemy, may be restored to their proper ofiices.

Mr. SPRINGS introduced the following resolution; which was ageed

‘to :

Resolved, That it be referred to_ the Committee on the Judiciary to

inquire and report upon the propriety of so altering the law in this State

as to require the Sheriff, upon application of a party whose land has been

levied upon under execution, to sell the same upon the premises instead

of at the Court House.

Mr. J. R. AIKENi.ntroduced the following resolution ; which was agreed

.110 :

Resoleeél, That the Comptroller-General be instructed to report to this

‘House, as soon as practicable, the condition of all monied bonds lodged

"in the Treasury Department, but more especially those of Tax Collectors

~und-Commissioners in Equity. I

“Mr. MILLINGAN gave notice that to-morrow he will ask leave to

iintroduce l

A Bill to abolish the whipping of white men in the public Market in the

city of Charleston. '

Mr. CAMPBELL gave notice that to-morrow he will ask leave to intro

dmce

A Bill to alter and amend the Constitution of this State, by striking out

‘the word “white,” in the 1st sentence of the 5th section of Article

First, so that the basis of popular representation will be the same in the

'State Constitution as in the Constitution ofthe United States ; and, also,

"by striking out the proviso in the 9th section of the same Article.

On motion of Mr. SIMONTON, ‘

Ordered, That when this House adjourn, it be adjourned to meet to

morrow at 12 o’clock M.

Mr. F. D. RICHARDSON moved that the Chairmen _of the Committees

nn Agriculture and on Railroads be added to the Specml Committee ap

‘

62 SATURDAY, NOVEMBER 4, 1865.

pointed to consider and report upon a plan for furnishing employment to

freed persons, etc.; which was agreed to.


GENERAL ORDERS.

Resolution from the Senate, in relation to the continuance of the session

of the Legislature, was concurred in, and was ordered to be returned to

the Senate.

The reports of the Committee on Incorporations, on resolution to sus

pend for this session, joint resolution requiring three months notice of

applications for incorporations, &c. Also, -

On petition of the Carolina Mutual Insurance Company, of Charleston,

for a renewal of Charter of Incorporation; were agreed to.

The following reports were agreed to, and were ordered to be sent to the

Senate for concurrence:

Report of the Committee on Privileges and Elections on the petition of

sundry citizens of Fairfield District, to abolish the election precinct known

as Jackson's Creek.

Report of the Committee on Education on a resolution as to the pro

priety of transferring to the Legislative Library one or more copies of

Acts and resolutions, from the College Library.

The Senate sent to this House

A resolution for the sale of the State Works, at Greenville; which was

referred to the Committee on the Military.

Mr. EONHAM, from the Committee of Ways and Means, made a report

Intion recommending some plan by which the Tax Collectors

of the State may make return of the amount of taxes received by then,

in Corielerate money, &c.; which was ordered for consideration to

torruT7.

The Senate returned to this Horise, with concurrence, the report of the

Corn-ittee on Railroals relative to instructing the Solicitor of the Middle

'ircuit to in Tuire into the legality of removing the iron from the Caiu

nch of the South Carolina Railroad.

On 1.2-ion of Mr. CANNON, the House was aljourned at half-past 1

SATURDAY, NOVEMBER 4, 1S65.



the House proceeded to business.

The Journal of yesterslay's proceedings was read.



Mr. ELLIOTT presented the petition of sundry citizens of St. Helena,

praying an inquiry as to their lands in St. Helena Parish, and the sale

now advertised of the same ; which was considered immediately, and was

referred to a Speeial Committee, consisting of Messrs. Elliott, Hutson,

Youmans, Garlington, Farmer and W. E. Mikell.

The SPF \KEK called for bills, resolutions and motions.MY - "AN introduced the following resolution; which was con

side :-ly, and was agreed to :

SATURDAY, NOVEMBER 4, 1865. * 63

=-T

Resolved, That as many errors appear in the published list of members

of this House, respecting post offices and avocations, the same be cor

rected by the Reading Clerk, and reprinted for the use of this House.

Pursuant to notice, and by leave of the House, Mr. MILLIGAN intro

duced - - -

A Bill to abolish the whipping of white people in this State; which was

read the first time and referred to the Judiciary Committee. *

Mr. MILLIGAN introduced the following resolution; which was con

sidered immediately, and was agreed to : - * .

Resolved, That it be referred to the Committee on Education to inquire

into and report as to the expediency of establishing one or more night

schools in the city of Charleston, for the education of white mechanics

and white apprentices, and the propriety of an appropriation therefor.

Pursuant to notice, and by leave of the House, Mr. J. S. RICHARD

SON, Jr., introduced - -

A Bill to authorize farmers and planters togive their books in evidence;

which was read the first time, and was referred to the Judiciary Com

mittee. -

Mr. WAGENER gave notice that Monday next he will ask leave to in

troduce -

A Bill for the establishment of District Schools for Agricultural, Com- |

mercial and Mechanical Education, for a technical evening school for ap- *

prentices and youths in business in Charleston, and for other purposes. £

it."

#

Mr. SIMONTON gave notice that Monday next he will ask leave to | ||

introduce #

A Bill to provide for the organization of the Executive Department of "e

this State. - - £

The SPEAKER called for reports of Standing Committees, #

Mr. GARLINGTON, from the Military Committee, made a report on a

resolution of inquiry as to the best means of immediately organizing and :equipping the Militia of this State; which was considered immediately,


Mr. YOUMANS, from the Committee on Incorporations, made a report

Oil


pany; which was ordered for consideration on Monday next.

The House proceeded to the consideration of the -

GENERAL ORDERS.

Resolution to refer to the Committee on Roads, Bridges and Ferries to

inquire and report the alteration necessary in the Road Law, was re

ferred to the Committee on Roads, Bridges and Ferries. - *

Report of the Committee on Roads, Bridges and Ferries on the resolu

tion£ them to inquire into the expediency of changing the law inregard to working the public roads, was agreed to. * , f

Report of the Committee of Ways and Means on resolution in relationt to the Tax Collectors of the State being discharged. Altheir liabilities

for amount of taxes received in Confederate mon *s agreed to,

and was ordered to be sent to the Senate for concur:

Mr. BUTLER introduced the following resolution;

ered immediately, and was agreed to:

#* *

". . . . - -

which was consid

Resolved, That it be referred to the Military Committee to inquire i


the expediency of devising some scheme for the organization of such white

persons between the ages of sixteen and fifty as live in the seaboard Dis

tricts, to protect that portion of the State until the terms of their report

of this day can be carried into effect.

Mr. TEW introduced the following resolution; which was considered

immediately, and was ordered to lie on the table:

Resoired, That his Excellency the Provisional Governor be requested

to have a copy of the proposed Code sent to the Governors of the several

States in which the institution of slavery formerly existed, and request

from them copies of all eontemplated changes in the laws in relation to

colored persons.

On motion of Mr. BARKER,

Ordered, That when this House adjourns, it be adjourned to meet Mon

day next at 12 o'clock M. -

On motion of Mr. DEPASS, the House receded from business for thirty

minutes,

RECESS.

The SPEAKER resumed the Chair.

The following message was received from the Senate, and on motion of

Mr. ELLIOTT, a message was ordered to be sent to the Senate concur

ing in the appointment of a similar Committee on the part of the House,

to act jointly with the Committee of the Senate :

*

- - IN THE SENATR, November 4, 1865.


Senate has referred the petition of sundry citizens of St. Helena, pray

ing an inquiry as to their lands in St. Helena, Parish, and the sale now

advertised of the same, to Messrs. Davant, Manning, Towns, Townsend

and Lawton, and Senate requests the House to appoint a similar Com

mittee to act jointly with the Committee of the Senate, -


F. J. MOSES,

President of the Senate, pro tempore.

Mr. DAWKINS, from the Judiciary Committee, made a report on

Governor's Message and part of the report of the Commission on the

Code for the regulation of labor, &c., and reported

A Bill to establish and regulate the Domestic Relations of Persons of

Color, and to amend the law in relation to Paupers, Vagraney and Bastardy;

which was read the first time, and was ordered to be read a seeond time

Monday next. - -

Mr. DURYEA introduced the following resolution ; which was con

sidered immediately, was agreed to, and was ordered to be sent to the

Senate for concurrence : * . -

Resolred, That, in saich as the election for Clerk of the Court of

Charleston District held at the proper time, it is ordered that the

Managers of Elec Charleston District do hold the election for

Clerk of Court of that District at the same time with the election for mem

bers of Congress, and that the present Clerk do give immediate publicnotice of "d election.

(). \fr. TODD, the House was adjourned at half-past 3.* ..."

O C.

~'

_ _____.-— .. . _ r — "" """ V

n.-._,-...

v

MONDAY, NOVEMBER 6, 1865.' 65

MONDAY, NOVEMBER 6, 1865.



the proceedings were opened with prayer by Rev. Dr. Cunningham.

The Jo1u'nal of Saturday's proceedings was read.

The Senate sent to this House resolution in relation to the order of

business of the General Assembly during the Extra Session; which was

ordered for consideration to-morrow.



Mr. MELCHERS presented the account of the Charleston N61US for

public printing ; which was referred to the Committee on Claims.

The SPEAKER called for Bills, resolutions and motions. ‘

Mr. CLYBURNE introduced the following resolution ; which was

considered immediately, and wasreferred to the Committee of Ways and

Means

Resolved, That it be referred to the Committee of Ways and Means to

inquire and report as to the expediency of exempting all lands and town

lots devastated by the public enemy from all, or aportion, of the State ~

taxes, during the next fiscal year.

A Bill preliminary to the legislation induced b the emancipation of

slaves, from the Judiciary Committee, was read the first time, and was

ordered to be read a second time to-morrow.


Mr. DAWKINS, from the Judiciary Committee, made a report on a

resolution as to owners of land permitting persons of color settling

thereon. i

On a resolution in relation to persons of color keeping open shops, or

places for barter and traflic. Also,

Also,

On resolutions respecting rendition of arms, &c., by persons of color.

On a resolution in relation to return of records to Charleston. Also,

On a Bill to alter the law in relation to last wills and testaments, &c.;

which. were severally ordered for consideration to-morrow.

Mr. J. S. RICHARDSON, Jr., from the Judiciary Committee, made a

report on a resolution inquiring what legislation is necessary as to the

drawing of Juries for the Superior Courts of Law of the State. Also,

On a Bill to provide for the drawing of Juries in certain cases ; which

were severally ordered for consideration to-morrow.

Mr. PRICE, from the Commitree on Incorporations, made a report on

the petition of oflicers and members of Schiller Lodge, No. 30, Independ

ent Order of Odd Fellows, and reported

A Bill to incorporate Schiller Lodge, No. 30, of the Independent Order

of Odd Fellows of the State of South Carolina, in the city of Charleston ;

which was read the first time, and w's ordered to be re‘ d the second time

to-Inorrow.The SPEAKER announced that Mr. Benbow is 1i‘~£p_the Committee

th M'lit i "

on e 1 ary.

Mr. HUTSON introduced the following resolution; which was consi

dered immediately, was agreed to, and was ordered to be sent to the

S6118-lié Io1‘ 0OD0n1'r6I1G8 I ' .

J

6

'‘

0

I

66 MONDAY, NOVEMBER 6, 1865.

Resolved, That it be referred to'the Select Joint Committee on the Pe

tition from the Citizens of St. Helena, to inquire and report whether any

measure can be devised by which the General Assembly can procure the

remission of the 10 per cent. per annum, incurred by owners of lands in

St. Philip’s and St. Michael’s, St. Johns’ Collcton, Prince WiHiam’s, and

St. Luke’s, for neglecting a notice, of which very few of them could pos

sibly have been informed, and that this resolution be sent to the Senate

for concurrence. '

Mr. LANDRUM introduced the following resolution; which was con


Resolved, That the Committee of Ways and Means be instructed to in

quire into and report on the best manner of paying the tax on land levied

on the people of this State by the United States Government.

- Mr. W. E. MIKELL introduced the following resolution; which was

considered immediately, and was agreed to :

Resolved, That whereas many of the Banks of this State are unable-to

meet their circulation, and that under their charters the stockholders are

liable to double the amount of their stock, that it be referred to the Judi

mm Committee to inquire whether said liability may not be viewed in

the 'ght of a penalty to check excessive circulation or reckless banking

ratherthan a contract with the note-holders, and if so, that the k ommittee

be instructed to report by Bill or otherwise, such relief as may be neces

sary in consideration ‘of the extraordinary circumstances that have ren

dered their inability to meet their notes.

The following message was received from the Senate, and on motion, 1:.

message was ordered to be sent to the Senate granting leave so to amend:

In TI-IE SENATE, November 6, 1865.

Mr. Speaker and Gentlemen of the House o/‘ Representatives:

Senate respectfully asks leave to amend the report of the Committee on

Education of your House,’ by adding to the last resolution the following:

“And that he retain the custody of the Library building as heretofore.”

“ By order of the Senate.

' F. J. MOSES, President pro fem.

The House proceeded to the consideration of the _

GENERAL ORDERS.

Resolution to raise a Standing Committee, to. be called the Committee

on Retrenchments, was agreed to.

A Bill to amend an Act to incorporate the Elmore Mutual Insurance

Company, to be located in the city of Charleston, was read the second

time, and was ordered to be returned to the Senate.

ABill to amend the charter of the Calhoun,Insuranoe Company of

Charleston wasxread the second time and was fordered to be sent to the

Senate.

The SPEAKER announced the following named gentlemen as the

additional Standing Comm'ttee of the House: _V

Committee on Ret'r6flCh1nerlt.—l\IeSs_rs. J. B. Campbell, J. R. Aiken, W.

C. Black, W. Hearst, Samuel Lord, Jr., Johnson Hagood, J. R. Spark

man, Harris Covington, David R. Duncan.

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TUESDAY, NOVEMBER 7, 1865. 1 ‘ 67

On motion of Mr. BLACK, - ‘


morrow at 12 o’clock M. -

On motion of Mr. WARLEY,i,the House was adjourned at forty-five

minutes past 1 o’clock P. M.

TUESDAY, NOVEMBER 7, 1865.






Juries, returns of Commissioners, and such like papers. _ _

Mr. DEPASS presented the return of Commissioners of Free Schools

for Kershaw District, for 1865 ; which was referred to the Committee on

Education.


Mr. MOORE introduced the following resolution; which was consid

_ered immediately, and was agreed to :

Resolved, That it be referred to the Committeeon Incorporations to

inquire as to the propriety of renewing the Charter of Incorporation of

the town of Lancaster, together with the amendments to said Charter here

tofore enacted, and that said Committee report by bill or otherwise.

Mr. BLACK introduced the -following resolution; which was consid

ered immediately, and was agreed to :

Resolved, That it be referred to the Committee of Ways and Meansto

ascertain what provision, if any, has been made by the South Carolina

Railroad Company to meet the payment of the two million dollars of her

indebtedness falling due in January, 1866, for which the faith and credit

of the State is pledged, and that the Committeereport by bill or other

wise.

Pursuant to notice, and by leave of the House, Mr. J. S. RICHARD

SON, Jr., introduced

A Bill to establish a Homestead Law, which was read the first time, and

was referred to the Judioiary Committee. Also, introduced

A Bill to amend the law known as the Stay Law, which was read the

first time, was referred to the Judiciary Committee, and was ordered to be

rinted.P Mr. CAMPBELL introduced the following resolution ; which was con


Resolved, That the Clerk of this House be directed to procure and put

on record authentic copies of the Proclamation of his Excellenciy the

President of the United States appointing the Hon. Benjamin F. erProvisional Governor of this State ; also, the Proclamation of his Excell

lency Provisional Governor Perry calling together the late Convention oi

this State ; also, the Manager's returns of election of the members of said

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68 'TUESDAY, NOVEMBER 7, 1865.'

Convention, and the popular vote therein stated, so that said documents

may be preserved for future reference.


Mr. HUTSON, from the Judiciarlylr Committee, made a report on

A Bill to rovide a mode by whié to perpetuate testimony in relation

to deeds and’ records destroyed or lost ; which was ordered for considera

tion to-morrow.

Mr. GARLINGTON, from the Military Committee, made a report on a

resolution from the Senate in relation to the sale of the State Works at

Greenville ; which was ordered for consideration to-morrow.


Mr. ELLIOTT, from the Special Joint Committee on the petition of

sundry citizens of St. Helena Parish, praying some inquiry as to their

lands in St. Helena Parish, and the sale now advertised of the same, made

a report ; which was considered immediately, was agreed to, and was

ordered to be sent to the Senate for concurrence.

Mr. MULLINS, from the Committee on Federal Relations, made a

report on resolutions relating to the restoration of the State to her Consti

tutional status ; which was considered immediately.

Message No. 4 was then received from his Excellenc Benjamin F.

Perry, Provisional Governor, and was read by his Private Secretary, Wm.

H. Perry :

MESSAGE NO. 4.

Exncurrvn Dnrimrnnsr, Sourn Csnonms,

’ November 7, 1865.

T0 the Honorable the Senate aud House of Represer‘tatives :

~: I had the honor of receiving from the President of the

United States the following telegraphic despatch, on the 28th of Octoberlast: ' ‘ I

“ T0 B. F. PERRY, Provisional Governor:

Your last twodespatches have been received, and the pardons suggested

have been ordered.

I hope that your Legislature will have no hesitation in adopting the

amendment to the Constitution of the United States abolishing slavery. It

will set an example which no doubt be followed by the other States,

and place South Carolina in a most favorable attitude before the nation. 'I

trust in God that it will be done. The nation and State will then be left

free and untrammelled to take that course which sound policy, wisdom and

humanity may suggest. .

ANDREW JOHNSON, President U. S.”

Three days afterwards, I received the following telegram from the

President, dated Washington, October 31st, 1865 :

“To B. F. PERRY, Provisional Governor: .

There is a deep interest felt as to what course the Legislaturewill take

in regard to the adoption of the amendment to the Constitution of the

United States, abolishing slavery, and the assumption of the debt created

to aid in the rebellion against the Government of the United States. If

the action of the Convention was in good faith, why hesitate in making it

a part -of the Constitution of the Unitedl States ? I trust in God that the

restoration of the Union will not be defeated, and all that has, so far, been

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TUESDAY, NOVEMBER 7, 1865. 69

well done, thrown away. I still have faith that all will come out right

yet. This opportunity ought to be understood and appreciated by the

people of the Southern States. If I know my own heart, and every passion

which enters it, it is to restore the blessings of the Union, and tie u and

heal every bleeding wound which has been caused by this fratricidal)war.

Let us be guided by love and wisdom from on High, and Union andpeace

will once more reign throughout the land.

ANDREW JOHNSON.”

To these telegraphic despatches I replied, that the war debt of South

Carolina was very inconsiderable ; that our whole State debt, at this time,

was only about six millions ; that this was mostly incurred anterior to the

war, in constructing railroads and building a new State House, with an old

debt of long standing. That we had assumed no portion of the Confede

rate debt, and were responsible in no way for it. The expenditures which

the State had incurred up to a certain period, had all been settled, and

refunded by the Confederate States.

I stated that South Carolina had abolished slavery in good faith, and

never intended or wished to restore it; that the Legislature was then

considering a wise, just and humane system of laws for the government

and protection of the freedmen, in all their rights of person and property,

and that there was no objection to the adoption of the proposed amend

ment to the Federal Constitution, except an apprehension that Congress

might, under the second section of that amendment, claim the right to

legislate for the negro after slavery was abolished. I likewise stated that

no ofiicial notice had ever been received, by the Legislature, of the pro

posed amendment to the Constitution of the United States.

In reply to this despatch, I received, yesterday, the following telegram,

from the Secretary of State, dated Washington, November 6th, 1865 :

"To his Evcellency B. F. PERRY, Provisional Governor S. C’.

Your despatch to the President, of November 4th, has been received.

He is not entirely satisfied with the explanation it contains. He deems

necessary the passage of adequate ordinances declaring all insurrectionary

proceedings in the State unlawful and void, ab initio.

Neither the Constitution nor laws direct oflicial information to the

Statesllof amendments to the Constitution submitted by Congress. Notice

of the amendment, by Congress, abolishing slavery, was nevertheless sent

by the Secretary of State, at the time, to the States which were then in

communication with this Government. Formal notice will immediately

be given to those States which were then in insurrection.

The objection which you mention to the last clause of the Constitu

tional amendment is regarded as querulous and unreasonable, because

that clause is really restraining in its effects, instead of enlarging the

power of Congress.

The President considers the acceptance of the amendment b South

Carolina as indispensable to a restoration of her relations with the other

States of the Union. ' n

WM. H. SEWARD.”

This formal notice of the proposed amendment to the Constitution of

the United States has not yet been received. When it is, I will commu

nicate the same to you. The amendment may be seen in the Acts of the

last Congress, and is in these words : _

“Neither slavery nor involuntary servitude, except as a punishment' for

crime, whereof the party shall have been duly convicted, shall exist within

the United States, or any place subject to their jurisdiction.” "

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70 TUESDAY, NOVEMBER 7, 1865.’

“SEo1‘_IoN 2.'_ Congress shall have power to enforce this article ‘by

appropriate legislation.’ Approved, February lst, 1865.”

A few days since, I addressed a communication to Mr. Seward, Secretary

of State, by mail, in which I repeated and enlarged on the views previ~

ously expressed to the President, in reference to the objections which

werct entertained in South Carolina to the proposed Constitutional amend

men '1

I' am happy to find that the Secretary of State does not regard those

0b]€0l1lo11S as well founded, but considers them “querulous and unreason

able.” It is true that a plain, honest construction of the language of the

amendment would be that slavery was abolished in the United States,

and that Congress should simply enforce it. When this was done, their

legislation would be ended. They could not attempt, under the authority

given by this amendment, to pass laws for the government of the “freed

men” in their free state. The Attorney~General of the United States, and

the President, have both been understood as concurring in this opinion

It would, therefore, be well, in adoptingthe proposed amendment, to place

on record the construction which had been given to it by the Executivc

Department of the Federal Government.

It is manifest, from the earnest, eloquent and patriotic terms in whicl

the President has urged the adoption of this amendment, that he regards

as he says, “all that South Corolina has done, and so well done, as throw!

away, unless the amendment is accepted by the Legislature.” The 'Secre

tary of State is still more explicit in his language. He says 1 “The Presi

dent considers the acceptance of the amendment by South Carolina a

indispensable to a restoration of her relations with the other States of th

Union.” The reason why this exaction is made of the Southern States

after they have abolished slavery, is that they might otherwise, at som

future day, change their Constitution and restore slavery in defiance of th

Federal Government.

You, gentlemen, have, at this time, the destiny of the State in you

hands, and I feel assured that you will act calmly and dispassionately

with a view to the peace, happiness and well-being of South Carolina.

I addressed a communication to the Secretary of the Treasury, at Wasl

ington, a few days since, urging that in case the Legislature should assum

the payment of that portion of the direct tax for which South Carolina 1‘

liable, that the Federal Government should receive her bonds for th

same, or suspend the collection of the tax for the present year. I wou]

advise the immediate assumption by the State of her portion of the diree

tax, which is about three hundred and sixty-six thousand dollars. Th;

will relieve the people from the immediate payment of it to the Feden

Tax Collectors, and enable the State to make some arrangement in refe:

ence to it with the Treasury De artment or Congress. ‘

In my communication to the Secretary of State, Iurged the propriety;

withdrawing the colored troops from the interior of the State to the for

on the sea-coast, and requested that white troops might, for the presen

be retained in Charleston, Georgetown and Beaufort.

I have forwarded the resolution you sent me the other day in referem

to the school houses in Charleston, to General Howard, and asked th

they might be restored to the proper authorities. I made the same reque

in regard to the Military Hall in Charleston.

_ ' B. F. PERRY.

On motion of Mr. EASLEY, the House proceeded to the immedia

consideration of the Message.

Mr. EASLEY introduced the following resolutions; which were co

sidered immediately, and were agreed to :.

TUESDAY, NOVEMBER 7, 1865. 71

Resolved, That so much of the Message No. 4 of the Provisional Gov

ernor as refers to the proposed amendment of the Constitution of the

United States, be referred to the Committee on Federal Relations.

And so much as refers to the assumption by the State of her proportion

_ of the direct tax, be referred to the Committee of Ways and Means.

The House resumed the consideration of the report of the Committee

on Federal Relations on resolutions relating to the restoration of the State

in her Constitutional status. _

Mr. ELLIOTT moved the indefinite postponement of the matter, and

the question being put, will the House agree thereto? it passed in the

negative. /

Yeas, 52; nays, 52.


Those who voted in the aflfirmative are,

Messrs. Anderson, Ball, Black, Bowen, Cannon, Crayton, Dawkins,

DePass, Duncan, Duryea, Easley, Elliott, Fair, Garlington, Goodwyn,

Hagood, Hammett, Hayes, Hearst, Hough, Howze, Hunter, Jones, Keith,

Keitt, Lee, Leitner, Manigault, T. P. Mikell, Milligan, Milling, Moore,

liulvaney, Norton, Perry, Petty, Price, Rawlinson, J. S. Richardson, Jr.,

Russell, Sessions, Springs, Stackhouse, Tew, Todd, Walker, A. S. Wallace,

Warley, Weatherly, Woodrufi.", Wright, Youmans.


l Messrs. Jas. R. Aiken, D. Wyatt Aiken, Alston, Bachman, Barker, Ben

bow, Bonham, Browning, Campbell, Carlisle, Clyburne, Copeland.Coving

‘hn, Culbreath, Dozier, Dupre, Elkin, Farmer, Flowers, Gaillard, Gavin,

Gilbert, Hanckel, Haskell, Hutson, Landrum, Lewie, Lipsey, Lucas,

ll‘irtin, Melchers, W. E. Mikell, Mullins, Pressley, Read, F. D. Richard

ion, J. P. Richardson, T. P. Ryan, Salley, Scott, Shaw, Sheridan, Siegling,

Simonton, Sparkman,_Suber, Talbert, Talley, Thomson, William Wallace,

Walsh, Mr. Speaker. V -

So the motion to indefinitely postpone was lost. -

Vn motion of Mr. BONHAM, the rep rt was made the Special Order

Hi the Day for to-morrow at l o’clock P. M., and was ordered to be prin

‘ed.

Mr. DAWKINS,/from the Judiciary Committee, made a report on

A Bill to establish District Courts ; and on

A Bill to amend the Criminal Law ; which were severally read the first

fime, and were severally ordered for consideration to-morrow.

Also, made a report on the petition of John G. C. Kruse, praying for a

livorce ; which ‘was ordered for consideration to-morrow.

The Senate sent to this House the report of the Special Joint Com

tittce on the petition of sundry citizens of St. Helena Parish, praying

h inquiry as to their lands in St. Helena Parish, and the sale now adver

ised of the same; which was considered immediately, was concurred in,

ml was ordered to be returned to the Senate. . '

Vn motion of Mr. KEITT,

Ordered, That when this House adjourns, it be adjourned to meet

tmorow at ll o’clock A. M.

{J' m@ti of Mr. W. E. MIKELL, the House was adjourned atll

':-Ior.-k P.

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WEDNESDAY, NOVEMBER 8, 1865.



the proceedings were opened with prayer by Rev. Mr. Rude.


The Senate returned to this House, with their concurrence, the report

of the Committee on Education on a resolution in relation to the use of

the College Library.

The Senate sent to this House the joint resolution for the repair of the

Saluda Turnpike Road ; which was referred to the Committee on Internal

Improvements.



The SPEAKER called for Bills, resolutions and motions.

Mr. PRICE introduced the following resolution ; which was considered

immediately, and was agreed to:

Resolved, That it be referred to the Committee on Retrenchments to

inquire into the propriety of at once abolishing the oflice of State Audi

tor.

Mr. GREEN gave notice that, to-morrow, he will ask leave to introduce

A Bill to vest the Circuit Judge with power to decide issues of fact in

civil causes. Also, ‘

A Bill to declare service of process upon any oflicer or agent of a corpo

ration valid in certain cases.

Mr. WEATHERLY gave notice that, to-morrow, he will ask leave to

introduce . _ '

A Bill to regulate the collection of debts in this State.

Mr. LEITNER introduced the following resolution; which was con


Whereas, The Jail in Kershaw District was destroyed by the enemy in

his late raid through the State, and there is at present no place in said

District for the confinement of felons and other prisoners : And whereas,

It is impossible for the State at this time to rebuild said Jail,

Resolved, That it be referred to the Committee on Public Buildings to

inquire into the facts and report as to the necessity of instructing the

Commissioners of Public Buildings for said District either to erect a

stockade or to procure a suitable building, at the expense of the State,

within which to confine felons and other prisoners. _

I

Mr. MARTIN introduced the following resolution; which was ordered

for consideration to-mo-rrow :

Resofved, That it be referred to the Committee on the Judiciary to

inquire and report whether any and what legislation is necessary in

reference to the elections of Clerk, Ordinary and Sherifl" for Beaufort Dis

trict, where vacancies have occurred since 26th day of April last; also,

whether any legislation is necessary to provide for elections of Tax Col

lectors, Commissioners of the Poor, and the appointment of Commissioners;

of Roads for those Election Districts heretofore divided into Parishes.


m I1 ~_


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Mr. DAWKINS, from the Judiciary Committee, made reports on '

A Bill to repeal the usury laws of this State ;

A Bill to authorize farmers and planters to give their books in evidence;

A bill to require Sheriffs, when requested to do so, to put purchasers of

real estate at their sales in possession within one month, where the party

as whose property it is sold or his tenant is possessed ;

A Bill to abolish the whipping of white people in this State; which

were severally ordered for consideration to-morrow.

Mr. SIMONTQN, from the same Committee, made a report on

ABill to abolish imparlancies in suits at law; which was ordered for

consideration to-morrow. Also,

On a resolution of inquiry respecting the amendment of the lien law,

and reported

A Bill to amend An Act, entitled An “Act to secure the just rights of

mechanics, handicraftsmen, and for other purposes therein mentioned;”

which was read the first time, and was ordered for consideration to-morrow-

Mr. TALLEY, from the same Committee, made a report on a resolution

in reference to the circulation of the Banks, and to inquire if any relief

to the Stockholders can be afforded; which was ordered for consideration

to-morrow.

Mr. J. S. RICHARDSON, Jr., from the same Committee, made a

report on

A Bill to facilitate the collection of debts secured by Mortgages of Real

Estate; also, on

A Bill to restrain Confessions of Judgment and Assignments preferring

Creditors; which were severally ordered for consideration to-morrow.

Mr. LEWIE presented the account of Dr. E. S. J. Hayes; which was

referred to the Medical Committee.


‘ GENERAL ORDERS.

A Bill preliminary to the legislation induced by the emancipation of

slaves, was read the second time, and was ordered to be sent to the

Senate.

ABill to establish and regulate the Domestic Relations of Personsof

Color, and amend the law in relation to Paupers, Vagrancy and Bastardy,

was taken up for a second reading.

Mr. J. S. RICHARDSON, Jr., moved to amend the 22d section by add

ing after the word “business” the words “except mechanical arts.” '

Mr. BARKER moved to amend the amendment by striking out all after

the word “mistress,” to and including the word “apprenticeship.”

Mr. HUTSON moved to lay the amendment and the amendment to the

amendment on the table; and the question being put, will the House agree

thereto ? it passed in the aliirmative.

Yeas 70 ; nays 38.


Those who voted in the aflirmative are,

Messrs. James R. Aiken, D. Wyatt Aiken, Alston, Anderson, Bachman,

Ball, Barton, Black, Bowen, Carlisle, Clyburne, Covington, Ctayton,

Dawkins, Dozier, Duncan, Easley, Elkin, Elliott, Fair, Farmer, Flowers,

Gaillard, Garlington, Goodwyn, Hagood, Hammett, ‘Hayes, Hearst,

Howze, Hunter, Hutson, Jones, Keith, Keitt, Lee, Leitner, Lipsey,

Manigault, Martin, T. P. Mikell, Milling, Moore, Norton, Perry, Petty,

Pressley, Salley, Scott, Sessions, Shaw, Sparkman, Stackhouse, Talbert,

Talley, Tew, Thomson, Todd, Trescot, Walker, A. S. Wallace, William

7 _ .


Wallace, Walsh, Wannamaker, Warley, Weatherly, Woodrufi, Wright,

Youmans, Mr. Speaker. -


Messrs. Barker, Benbow, Bonham, Browning, Campbell, Cannon,

Copeland, Culbreath, DePass, DuPre, Gavin, Gayer, Gilbert, Green,

mckel, Hough, Landrum, Lucas, Melchers, McKewn,W. E. Mikel],

' 'gan, Mullins, Mulvaney, Price, Rawlinson, Read, F. D. Richardson,

John Peter Richardson, J. S. Richardson, Jr., Russell, Ryan, Sheridan,

Siegling, Simonton, Springs, B. Stokes, Suber. '

So the amendment and the amendment to the amendment were ordered

to be laid on the table. -

‘ SPECIAL ORDER. -

On motion of Mr. BONHAM, the House proceededto the consideration

of the report of the Committee on Federal Relations on resolutions

relating to the restoration of the State to her Constitutional status, which

had been made the Special Order of the Day for this day at 1 o’clock

P. M. . -

On motion of Mr. BONHAM, the report was recommitted tothe Com

mittee on Federal Relations.

The House resumed the consideration of . ' '

A Bill to establish and regulate the Domestic Relations of Persons of'

Color, and to amend the law in relation to Paupers, Vagrancy and Bas

tard .

CANNON offered the following ‘amendment to the 22d section, by

inserting the following:

“And if there be a school within aconvenient distance in which ‘colored

children are taught, shall afford him opportunity to go to school for a

term of six months, at some time between the ages of ten and eighteen

years, provided the teachers of such schools be approved by the Distrie

Judge.” _ . - _ .

Mr. MARTIN moved to lay the amendment on the table; and the ques

tion being put, will the House agree thereto ? it was decided in the

negative. . -

Messrs. Pressley and D. Wyatt Aiken were appointed tellers. - -

Yeas,, 48 ; nays, 49. '

So the House refused to lay the amendment on the table. - '

And the question being put, will the House agree to the amendment ?

it was decided in the negative. . .

On motion of Mr. MULLINS, the Bill was made the Special Order of

the Day for to-morrow at 12 o’clock M. . .

O13 motion of Mr. SIMONTON, the House was adjourned at 3 o’clock

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THURSDAY, NOVEMBER 9, lt

At the hour to which the House was adjourned, tl

roll, when the SPEAKER took the Chair, and a quon



The SPEAKER called for petitions, memorials, presem - -rand

Juries, and such like papers.

Mr; SCOTT presentedthe petition of B. and T. J. Rawls for the use of

Columbia Canal, where it runs through their land ; which was referred to

the Committee on Internal Improvements.

Mr. HOUGHpresented the petition of citizens of Cheraw for the passage

of an Act authorizing the Courts for Chesterfield District to be held in

Cheravr ; which was referred to the Judiciary Committee.

Mr. MILLING presented the petition of Calvin Teal, that the title to

certain escheated property be conferred on him ; which was referred to

the Judiciary Committee. '

The SPEAKER called for Bills, resolutions and motions.

d Pursuant to notice, and by leave of the House, Mr. WARLEY intro

uced

A Bill to amend the law allowing insolvents to prefer creditors ; which

was read the first time, and was referred to the Judiciary Committee.

M. J. S. RICHARDSON, Jr., from the Judiciary Committee, made a

report on

A Bill to amend the law known as the Stay Law ; which was ordered for

consideration to-morrow.

Mr. ANDERSON, from the Committee on Agriculture, made a report on

A Bill for the encouragement and protection of European Immigration,

and the appointment of"a commissioner, and for other purposes therein

expressed ; which was ordered for consideration to-morrow.


The Senatereturned to this House, with concurrence, the resolution in

relation to election of Clerk of the Court for Charleston District. '

Mr. TRESCOT introduced the following resolutions, which were con

sidered immediately, and were agreed to: _

Resolved, That in the opinion of this House, the Journal should be an

exact recordof the proceedings of the House, and the rule by which the

Clerk has hitherto regulated his entries, and by which no motion is record

ed, unless the vote upon it be taken by division, or ayes and noes, prevents

this result. ‘

Resolved, That a Committee of three be appointed, to whom these reso

lutions be referred, with instructions to report such a rule for the future

as will secure the purpose contemplated. - . _

Whereupon, the SPEAKER announced Messrs. Trescot, Simonton and

Mullins, as the Committee. '


' ' GENERAL ORDERS.

The report of the Committee on the Military, on the report of Senate’s

Committee, on resolution in relation to the sale of the State Works, at

Youm THURSDAY, NOVEMBER 9, 1865.

ville, was agreed to ; and a message was ordered to be sent to the

Senate, asking leave to amend, as indicated. --

The House recurred to the formula of resolutions, Bills, and motions.

Mr. BONHAM introduced the following resolution; which was con

sidered immediately: -

Resolved, That this General Assembly will adjourn, sine die, on Monday

next, at 3 o'clock P. M.

Mr. WARLEY moved to lay the resolution on the table; and the ques

# being put, will the House agree thereto ? it was decided in the nega

We.

Yeas 31; nays 77.

The yeas and nays were requested, and are as follows: *

Those who voted in the affirmative are,

Messrs. Bachman, Ball, Cannon, Clyburne, Coker, Covington, Dawkins, .

Dozier, Fair, Hammett, Hutson, Lee, Leitner, Martin, T. P. Mikell, W.

E. Mikell, Milling, Perry, F. D. Richardson, Scott, Simonton, Suber,

Talbert, Talley, Todd, Walker, Warley, Weatherly, Woodruff, Youmans,

Mr. Speaker.


Messrs. James R. Aiken, D. Wyatt Aiken, Alston, Anderson, Barker,

Barton, Benbow, Black, Bonham, Bowen, Browning, Butler, Campbell,

Carlisle, Copeland, Crayton, Culbreath, DePass, DuPre, Duncan, Elkin,

Elliott, Farmer, Flowers, Gaillard, Garlington, Gavin, Gilbert, Goodwyn,

Green, Hagood, Hanckel, Hayes, Hearst, Hough, Howze, Hunter, Jones,

Keith, Keitt, Landrum, Lipsey, Lucas, Manigault, Melchers, McKewn,

Milligan, Moore, Mullins, Mulvaney, Norton, Petty, Pressley, Price, Raw

linson, Read, John Peter Richardson, J. S. Richardson, Jr., Russell,

Ryan, Salley, Sessions, Sheridan, Siegling, Sparkman, Springs, Stack

house, B. Stokes, William Stokes, Tew, Thomson, Trescot, A. S. Wallace,

William Wallace, Walsh, Wannamaker, Wright.

So the House refused to lay the resolution on the table.

On motion of Mr. BONHAM the resolution wasso amended so as to read,

“That this General Assembly take a recess from Monday next, at 3 o'clock

P. M., till Saturday before the fourth Monday in November inst., at 7

o'clock P. M.” And the question then being put, will the House agree to

the resolution ? it passed in the affirmative.

- Yeas 78; nays 30.

The yeas and nays were requested, and are as follows:


Messrs. James R. Aiken, D. Wyatt Aiken, Alston, Anderson, Barker,

Barton, Benbow, Black, Bonham, Bowen, Browning, Butler, Campbell,

Carlisle, Copeland, Crayton, Culbreath, DePass, DuPre, Duncan, Elkin,

Elliott, Farmer, Flowers, Gaillard, Garlington, Gavin, Gilbert, Goodwyn,

Green, Hagood, Hammett, Hanckel, Hayes, Hearst, Hough, Howze,

Hunter, Jones, Keith, Keitt, Landrum, Lipsey, Lucas, Maniganlt, Mel

chers, McKewn, W. E. Mikell, Milligan, Moore, Mullins, Mulvaney, Nor

ton, Petty, Price, Rawlinson, Read, John Peter Richardson, J. S. Rich

ardson, Jr., Russell, Ryan, Salley, Sessions, Sheridan, Siegling, Simon

ton, Springs, Stackhouse, B. Stokes, William Stokes, Tew, Thomson,

Trescot, A. S. Wallace, William Wallace, Walsh, Wannamaker, Wright.


Messrs. Bachman, Ball, Cannon, Clyburne, Coker, Covington, Dawkins,

Dozier, Fair, Hutson, Lee, Leitner, Martin, T. P. Mikell, Milling, Perry,

"essley, F. D. Richardson, Scott, Sparkman, Suber, Talbert, Talley,

'Walker, Warley, Weatherley, Woodruff, Youmans, Mr. Speaker.

THURSDAY, NOVEMBER 9, 1865. 77

V

1

The resolution was then agreed to, and was ordered to be sent to the

Senate for concurrence.

Pursuant to notice, and by leave of the House, Mr. GREEN introduced

A Bill to provide that the Circuit Judge shall have power in civil cases

to decide issues of fact ; also,

A Bill to declare service of process upon anyofiilcer or agent of a corpo

ration valid in certain cases; which were severally read the_-. first time, and

were severally referred to the Judiciary Committee.

Mr. MELCHERS, from the Special Committee of the Charleston Dele

gation, to whom was referred so much of the Message No. 1 of the Provi

sional Governor, as relates to the Quarantine Law, made a report, and re

ported .

A Bill to establish regulations for the purpose of preventing the spread

of Asiatic Cholera in this State ; which was read the first time, and was

ordered for consideration to-morrow. ‘

Mr. GILBERT introduced the following resolution; which was con

sidered immediately, and was ordered to be laid on the table :

Resolved, That the Clerk cause to be printed, for distribution in the

State, one thousand copies of the report of the Military Committee on a

resolution of inquiry as to the best means of immediately organizing and

equipping the militia of the State.


' GENERAL ORDERS.

The report of the Judiciary Committee on a resolution as to owners of

lands permitting persons of color settling thereon ; also, on a resolution in

relation to persons of color keeping open shops or places for barter and

traflic, was agreed to.

The report of the Judiciary Committee on resolution respecting the

rendition of arms, &c., by persons of color, was agreed to, and the resolu

tions were referred to the Military Committee.

The report of the Judiciary Committee on a resolution in relation to

return of records to Charleston was agreed to, and the resolution was

referred to the Committee on Public Buildings.

SPECIAL ORDER.

On motion of Mr. DEPASS, the House proceeded to the consideration of


Color, and amend the law in relation to Paupers, Vagrancy and Bastardy ;

which had been made the Special Order of the Day for this day, at 12

o’clock M.

Mr. MARTIN moved to amend the 44th section of the Bill, by striking

out, in the 5th line, “$1.00,” and inserting “50 cents.”

Mr. KEITT moved to amend the amendment by striking out from the

3d to the 9th line, inclusive, and insert the following: ‘.‘For the approval

of a contract, each servant $1.00.” l '

Mr. WARLEY moved to lay the amendment, and the amendment to the

amendment, on the table, and the question being put, will the House

agree thereto ? it was decided in the negative. » V

Yeas 50 ; nays 57.



Messrs. Anderson, Bachman, Ball, Barton, Benbow, Bowen, Coker,

Crayton, Dawkins, DePass, Dozier, Elliott, Fair, Gaillard, Gavin, Gayer,

78 THURSDAY, NOVEMBER 9, 1865.

Gilbert, Goodwyn, Hagood, Hanckel, Hunter, Hutson, Keith, Lee, Leit

ner, T. P. Mikell, W. E. Mikell, Milligan, Milling, Moore, Norton, Perry,

Pressley, Price, F. D. Richardson, John Peter Richardson, J. S. Richard

son, Jr., Salley, Seigling, Simonton, Wm. Stokes, Talley, Thomson,

Todd, Walker, Walsh, Wannamaker, Warley, Youmans, Mr. Speaker.


J. R. Aiken, D. Wyatt Aiken, Alston, Black, Browning, Butler, Camp

bell, Cannon, Carlisle, Clyburne, Copeland, Covington, Culbreath, DuPre,

Duncan, Easley, Elkin, Farmer, Flowers, Garlington, Green, Hammett,

Hayes, Hearst, Hough, Howze, Jones, Keitt, Landrum, Lipsey, Lucas,

Manigault, Martin, McKewn, Mullins, Mulvaney, Petty, Rawlinson, Read,

Russell, T. P. Ryan, Scott, Sessions, Sheridan, Sparkman, Springs,

Stackhouse, B. Stokes, Suber, Talbert, Tew, Trescot, A. S. Wallace, Wm.

Wallace, Weatherly, Woodruff, Wright.

ta# the House refused to lay the amendment to the amendment on the

e.

On motion of Mr. SIMONTON, the amen&ment and the amendment to

the amendment were indefinitely postponed.

Mr. TRESCOT moved to strike out the 46th section of the Bill; and

the question being put, will the House agree thereto ? it was decided in

in the negative.

Yeas, 17; nays, 85.

The yeas and nays were requested, and are as follows:


Messrs. D. Wyatt Aiken, Black, Butler, Carlisle, Copeland, Elkin, Gail

lard, Mullins, Mulvaney, Petty, Read, Sessions, Sparkman, Suber, Thom

som, Trescot, Youmans.


Hon. A. P. ALDRICH, Speaker, and Messrs. James R. Aiken, Alston,

Anderson, Bachman, Ball, Barker, Barton, Benbow, Bowen, Browning,

Cannon, Clyburne, Coker, Covington, Crayton, Culbreath, Dawkins,

DePass, Dozier, Duncan, Easley, Elliott, Fair, Farmer, Flowers, Garling

ton, Gavin, Gilbert, Goodwyn, Green, Hagood, Hammett, Hanckel,

Hearst, Hough, Howze, Hutson, Jones, Keith, Keitt, Landrum, Lee,

Leitner, Lipsey, Lucas, Manigault, Martin, McKewm, T. P. Mikell, W.

E. Mikell, Milligan, Milling, Moore, Norton, Perry, Pressley, Price, Raw

linson, F. D. Richardson, J. P. Richardson, J. S. Richardson, Jr., Russell,

T. P. Ryan, Scott, Sheridan, Siegling, Simonton, Springs, Stackhouse, B.

Stokes, Wm. Stokes, Talbert, Talley, Tew, Todd, Walker, A. S. Wallace,

Wm. Wallace, Walsh, Warley, Weatherly, Woodruff, Wright.

So the House refused to strike out the section.

Mr. GREEN offered the following amendment to add to the 46th

section :

“And in case the servant shall absent himself without leave from the

service of the master, during the continuance of the contract, the master

or his agent is hereby authorized and empowered to arrest him wherever

he may be found, and to compel him to return to his employment.”

Mr. WARLEY moved to lay the amendment on the table; and the

question being put, will the House agree thereto ? it passed in the

affirmative. -

t Yeas, 63; nays, 42.

The yeas and mays were requested and are as follows:


Hon. A. P. ALDRICH, Speaker, and Messrs. James R. Aiken, Alston,

Anderson, "hman, Ball, Barton, Bowen, Cannon, Carlisle, Coker, Cope

land, c. 1. * "breath, Dawkins, DePass, Dozier, Duncan, Easley,Elkin, Farmer, Flowers, Gaillard, Goodwyn, Hagood, Ham

THURSDAY, NOVEMBER 9,1865. 79

I ____ ___ _ _ ,_ '_ _ ‘ _ _ _ ___‘_,._r.'_....'_-——- -‘ -

mett, Hanckel, Hayes, Hearst, Hough, Howze, Hunter, Hutson, Keith,

Landrum, Lee, Leitner, W. E. Mikell, Milling,‘ Moore, Norton, Perry,

Petty, Price, Russell, Scott, Siegling, Simonton, Stackhouse, Talley, Tew,

Thomson, Todd, A. S. Walker, Wm. Wallace, Walsh, Wannamaker, Warley, Woodruff, Wright. V ' H


Messrs. D. Wyatt Aiken, _ Barker, Benbow, Black, Browning, Butler,

Campbell, Clyburne, ‘Covington, DuP1-e, Garlington, Gavin, Gayer, Gil

bert, Green, Jones, Keitt, Lipsey, Lucas, Manigault, Martin, McKewn,

T. P. Mikell, Milligan, Mullins, Pressley, Rawlinson, Read, F. D. Rich

‘ ardson, J. P. Richardson, J. S. Richardson, Jr., Sessions, Sheridan,

Sparkman, Springs, B. Stokes, Wm. Stokes, Suber, Talbert, Trescot,

Weatherly, Youmans.

So the amendment was ordered to be laid on the table.

' On motion of Mr. SIMONTON, the Special Order was discharged, and

the same was made the Special Order of.the Day for to-morrow at 11

o’clock A. M. .

The Senate sent to this House, the report of the Committee on College,

Education, and the Legislative Library, of the Senate, on aresolution

requesting the’ Provisional Governor to use his exertions for the removal

of the troops from the College ; which was referred to the Committee on

Education. Also, -

Resolution appointingproxies to represent the stock of the State in the

Charleston and Savannah Railroad Company ; which was referred to the

Committee on Railroads. ' ‘ ‘

The Senate returned to this House, with their concurrence, ‘

A resolution in relation to a recess of the General Assembly ; ‘

Report of the Committee on Public Printing, on the resolution to in

quire as to the necessity of reprinting the Acts and Resolutions of the last

General Assembly ; also, .

On proposals of F. G. DeFontaine and Julian A. Selby, and communi

cation of J. T. Sloan, Clerk of the Convention, respecting certain print

1118; ~ . ‘ .

Report of the Committee on Education, on a resolution as to the pro

priety of transferring to the Legislative Library one or more copies of the

Acts and Resolutions from the College Library ; ' ' _

Report of the Committee on Privileges and Elections, on the petition of

sundry citizens of Fairfield District, to abolish the vlcction precinct known

as Jackson’s Creek; ‘ _ ‘ ' "~

Report of the Military Committee, on a resolj I ion of inquiry as to the

best means of immediately re-organizing and eq .-pping the militia of the

State ; ' ‘ ' ' '

Report of the Committee of Ways and Means on resolution in relation

to the Tax Collectors of the State being discharged from their liabilities

for amount of taxes received in Confederate money, &o. _

The following message was received from the Senate, and, on motion of

Mr. J. S. RIC ARDSON, Jr., a message of concurrence was ordered to

be sent to the Senate, informing that body -that the Committee of Ways

and Means wouldact jointly with Senato’s Committee on the subject :

_ ' ' V V In TI-IE SENATE, November 9, 1865. "

Mr. Speaker and Gentlemen of the Ifoitse 0_f Rep'i-esev‘tatives : ~ _ .

The Senate has referred the following resolution’ to Messrs. Hemphill,

Boozer, Winsmith, J. H. Williams, Shingler, and Charles,.the Committee

on Finance and Banks : ' .

Resolved, That the Committee on Finance and Banks be instructed to

make arrangements for meeting the expenses of the Legislature at the

-

V/'

80 ' FRIDAY, NOVEMBER 10, 1865.

- I-an-_|-._‘--: - --u---‘;_q:,. --, --‘W.

present Special Session, and that a message be sent to the House asking

téhe appointment of a Committee to confer with the Committee of the

enate.

By order of the Senate. '


On motion of Mr. GARLINGTON, the House was adjourned at forty

five minutes past 3 o’clock P. M.

FRIDAY, NOVEMBER 10, 1865.


roll, when the SPEAKER took the Chair, and a quorum being present, the

House proceeded to business.

The Joiunal of yesterday's proceedings was read.




On motion of Mr. TEW, the resolution relating to his Excellency the

Provisional Governor sending the proposed Code to the Governors of the

several States in which the institution of slavery formerly existed, was

taken up from the table, and the same was agreed to.

The SPEAKER called for the reports of Standing Committees.

Mr. SIMONTON, trom the Committee on Education, made a report on

the report of the Senate Committee on the College, Education and the

Legislative Library, on certain resolutions respecting the occupation of

the College by United States troops ; which was concurred in, and was

ordered to be returned to the Senate. Also,

On the return of the Commissioners of Free Schools for Kershaw Dis

trict ; which was agreed to.

Mr. DEPASS asked and obtained leave to withdraw the return from the

files of the House.

Mr. SIMONTON, from the Committee on Education, made a report on

a resolution for the establishment of mechanics’ night schools in the city

of Charleston ; which was ordered for consideration to-morrow.

Mr. SCOTT, from the Committee of Ways and Means, made a report

on a resolution as to exempting certain lands and lots from taxation; which

was considered immediately, and was agreed to.

The Senate returned to this House, with their concurrence, report of

the Special Joint Committee on the petition of sundry citizens of St. He

lena Parish, praying an inquiry as to their lands in St. Helena Parish, and

the sale now advertised of the same.

The Senate sent to this House the report of the Committee on the

Judiciary on the Message of the Provisional Governor, relating to persons

of color; and, on the report of the Commission on the Code ; which were

concurred in, and were ordered to be returned to the Senate.

Mr. YOUM_A.NS, from the Special Committee, consisting of the Beaufort

Delegation, to whom was referred a resolution as to change of time of

meeting of Managers of Election in that District, made a report, and

reported

A Bill to alter and amend an Act entitled “ An Act to alter and amend

the law in relation to the method of counting votes, in all elections by the

people ; which was read the first time, and was ordered for consideration

to-morrow. - V

\\__

. 85

FRIDAY, NOVEMBER 10, 1865. \§\

Mr. STACKHOUSE, from the Committee on Internal Improvemel

made a report on report of Senat/e’s Committee on the State Road over tn

Saluda Moimtains ; which was considered immediately, and wasagreed to;

and a message was ordered to be sent to the Senate, asking leave to amend

the report of Senate’s Committee, as indicated.

Mr. SIMONTON introduced the following resolutions ; which were con

sidered immediately, and were agreed to :

Resolved, That in order to prevent any doubts which may exist respect

ing the action of this General Assembly, all matters not disposed of at this

special session be continued to the approaching regular session.

The Clerk shall make up a calendar of all the matters thus continued,

placing the same in the order in which they may be when so continued,

and at the ensuing regular session the continued matters shall be taken

up anél considered in the same stage in which they may be when so con

tinue . '

Matters hereby ordered to be placedin the General Orders at the said en

suing session shall be placed therein time, and have priority according to

the last order for consideration made upon them, and the calendar shall

be proceeded in as already provided by the Rules of_ this House.

Mr. BUTLER introduced the following resolution ; which was consid

ered immediately, and was agreed to :

Resolved, That General D. H. Hill, a distinguished citizen of North

Carolina, be invited to a seat on the floor of the House 'of Representa

tives. . -

‘ ' SPECIAL ORDER.

On motion of Mr. DEPASS, the House proceeded to the consideration

of


Color, and amend the law in relation to Paupers, Vagrancy and Bastardy ;

which had been made the Special Order of -the Day for this day at 11

o’clock A. M. ‘

Mr. MULVANEY offered the following amendment—to add to the ———

section the following : ‘

Providecl, That no person of color shall practice any mechanical art or

trade, unless he shows that he has served an apprenticeship in such trade

or art, or has practiced such trade or art for the term of five years.

Mr. DAWKINS moved to lay the amendment on the table ; and the

question being put, will the House agree thereto ? it was decided in the

negative. ' .

Yeas, 48; nays, 57.


Those who voted in the affirmative arc,

Messrs. J. R. Aiken, D. Wyatt Aiken, Alston, Anderson, Ball, Barton,

Bowen, Cannon, Carlisle, Clyburne, Copeland, Crayton, Dawkins, Dozier,

Duncan, Elkin, Fair, Flowers, Gavin, Goodwyn, Hammett, Howze, Hun

ter, Hutson, Jones, Keith, Landrum, Lee, Leitner, Lipsey, Moore, Nor

ton, Perry, Petty, 'J. J. Ryan, Salley, Scott, Stackhouse, Talbert, Talley,

Thomson, Trescot, Walker, Wannamakeir, Warley, Woodrufi, Wright,

-Youmans. '

8 ' _

/

so , ’

present/’ ; . '

gm W tron, NOVEMBER 10, 1865.

Glg w

/5‘-5"’ "‘ the negative are,

/

'1

harker, Benbow, Black, Butler, Campbell, Coker,

ePass, Elliott, Farmer, Gaillard Garlington, Gil

Hagood, Hanckel, Hayes, Hearst, Hough, Keitt,

‘n, Melchers, McKewn, W. E. Mikell, Milligan,

her, Pressley, Rawlinson, Read, F. D. Richard

;J. S. Richardson, Jr., Russell, T. P. Ryan, Ses

‘egling, Simonton, Sparkman, Springs, B. Stokes,

Tew, A. S. Wallace, William Wallace, Walsh,

‘_,....».eu. ‘

mrtne House refused to order the amendment to be laid on the table.

The amendment having been amended so as to read :

Provided, Thatino person of color shall practice any mechanical art or

trade, unless he shows that he has served an apprenticeship in such trade

or art, or is now practicing such trade or art ; was then agreed to.

On motion of Mr. BUTLER, the Special Order was discharged, and the

same was made the Special Order of the Day for to-morrow at 11 ‘o’clock

A. M.

Mr. TRESCOT, from the Special Committee on mode of keeping the

Journal, made a report ; which was ordered for consideration to-morrow.

Mr. SIMONTON introduced the following resolutions ; which were

considered immediately, were agreed to, and were ordered to be sent to the

Senate for concurrence : '

Resolved, by the Senate and House of Representatives, now met and sitting

in General Assembly, That no member of the General Assembly shall be

entitled to receive the per diem compensation for the period during

which the General Assembly shall take the Recess which has been ordered;

but that each member shallbe entitled to receive the mileage, at the rates

specified in the Constitution, going to his home, and returning to the city

of Columbia. _

Resolved, That the same rule shall be observed in the case of such

public oflicers as may be required by law to attend the sittings of the

General Assembly, and who, for such attendance, are entitled to receive

per diem and mileage. '

Mr. READ, from the Committee of Ways and Means, made a report on

the communication of L. Farley, and others, on the subject of their pay

for extra services ; which was ordered for consideration to-morrow.

Mr. CANNON, from the Committee of Ways and Means, made a report

on a resolution as to the expediency of issuing Treasury notes or bills

receivable in all dues to the State, &c., and reported

A Bill to provide for the issue of bills receivable in payment of indebt

edness to the State to the amount of three hundred thousand dollars ;

which was read the first time, and was ordered for consideration to

morrow.

On motion of Mr. DEPASS, the House was adjourned at half-past 3

o'clock P. M. ' _ .

SATURDAY, NOVEMBER 1|, 1865. - b\

85

SATURDAY,‘ NOVEMBER 11, 1865_ V


rhen the SPEAKER took the Chair, and a quorum being present, the

iroceedings were opened with prayer by the Rev. Mr. Martin.

The Journal of yesterday’s proceedings was read. '

The SPEAKER announced that a communication had been received

'rom Hon. B. F. Dunkin, accepting the office of Chief Jnstice of the State

>! South Carolina, to which he had been elected by the General Assembly.

On motion of Mr. SIMONTON, the communication was referred to the

Committee on Oflices and Officers.

The Senate sent to this House ' _

ABiJ1 to establish and regulate the Domestic Relations of Persons of Color,

mdtoamend the law in relation to Paupers, Vagrancy and Bastardy ; which

was ordered to be laid on the table. _


> Ix THE SExarn, November 10, 1865.

lfr. Speaker and Gentlemen of the House of Re_p1'esen1uti‘~es :

l Senate respectfully concurs in the message of your House, asking leave

lorecur to the resolutions of the Senate in relation to the repair of the

fiflluda Turnpike Road, ofiering the following resolutions as an amend

Tnent: -

1st. Resolved, by the Senate and House of Representatives, That it shall be

the duty of the Commissioner-in Equity for Greenville District, to lease

‘te said road to the highest bidder at Greenville Court House, on the first

londay in December next, for the term of five years, from the first of

garch next, after having advertised the same in the Greenville papers for

teen da s. '2d. Rescyilved, That the lessee may collect the same tolls, for his own use

ind benefit, as heretofore allowed by law ; but before collecting any such

hlls, he shall put that portion of the road, from the North Carolina State

he, to its junction with the road leading to Greenville Court House, in

.W1 condition, and shall execute to the Commissioner in Equity for Green

vile District, an approved bond, in the penal sum of five thousand dollars,

put the remainder of the road in good condition, by the first of July

, and to keep the entire road in such condition during the term of his

, and shall have given approved bonds for the annual payment of the

unt stipulated, for the use of the road.

‘3d. Resolved, That it shall be the duty of the Commissioner in Equity

I Greenville District to deposit the above named bonds with the State

leasurer, and to report to the next meeting of the General Assembly after

cclliase of the road, as above provided, all steps taken by him in the

tion of these resolutions.

lib. Resolved, That the Commissioner in Equity for Greenville District

Hallowed reasonable compensation for his services in the execution of

eabove resolutions. ‘

By order of the Senate. ‘

' F. J; MOSES, President Senate, pro tem.

' 80 /present ’

the 0&3 ' / ‘

Se; . SATURDAY, NOVEMBER 11, 1865.

/"/

/.

Ki?

Hr. STACKHOUSE, the report was amended, as ind

bd in, and was ordered to be returned to the Senate.

R called for petitions, memorials, presentments of Gr

I Commissioners, and such like papers.

called for Billfi, resolutions and motions.

called for rep rts of Standing Committees.

AIKEN, from the Committee on Railroads, man

tion appointing proxies to represent the State in

- ' Vannah Railroad ; which was ordered for considerat

uu nunuby D0217.

Mr. McKEWN, from the Medical Committee, made a report on

account of Dr. E. S. J. Hayes, for a postmortem examination; which ‘

ordered for consideration on Monday next.

Mr. PRICE introduced the following resolution ; which was conside

immediately, and was agreed to :

Resolved That the State Auditor be authorized and instructed to a1

-the accounts of Mr. Julian A. Selby, for public printing executed

this special session of the General Assembly, whenever the same may

presented to him.

Mr. BUTLER introduced the following resolution ; which was orde

for consideration on Monday next :

Resolved, That the usual salary be allowed to the ofiicers of the Ho

for their attendance at this special session. '

‘Mr. SIMONTON introduced the following resolution ; which was c

sidered immediately, was agreed to, and was ordered to be sent to

Senate for concurrence : -

Whereas, By a joint resolution, Mr. C. Bruce Walker, Librarian of

Oollege, has been required to attend daily at the College Library din‘

the extra session of the General Assembly for the convenience of the III

bers, and by the same resolution is held responsible in measure forl

books under his charge, _ -1

Be it Resolved, That he be allowed the per diem compensation of a n1

ber for the extra duty thus imposed on him, for each. day of actual

dance, to be paid to him in the same manner as to other public o

whose duty it is to attend the sessions of the General Assembly.


_______AL_‘__'' _ -s9°.

GENERAL onnnns.

Resolution from the Senate in relation to the order of business 0

General Assembly during the extra session was concurred in, an

ordered to be returned to the Senate. ,

On motion of Mr. SIMONTON, the report of the Special Commit

mode of keeping the Journal was taken up out of its order, and the

was ageed to. ‘

On motion of Mr. STACKHOUSE, the report of the Commit

Ways and Means on communication of L. Farley and others, in re]

to pay for extra services, was taken up out of its order, and the samj

agreed to, and was ordered to be sent to the Senate for concurrence. .1‘

A Bill to amend an Act entitled “An Act to alter the law ’in relati

last wills and testaments, and for other purposes,” ratified the twent

day of December, 1858, was read the second time, and was ordered

sent to the Senate.

ii

SATURDAY, NOVEMBER 11, 1865. 85

- ' V

On motion of Mr. CANNON, the Bill to provide for the issue of bills

receivable in payment of indebtedness to the State to the amount of three

hundred thousand dollars was taken up out of its order, and the some was

read the second time, and was ordered to be sent to the Senate.

SPECIAL ORDER.

i On motion of Mr. WARLEY, the House proceeded to the consideration

ml

ABill toestablish and regulate the Domestic Relations of Persons of

Color, and amend the law in relation to Paupers, Vagrancy and Bastardy;

which had been made the Special Order of the Day for this day at 11

o'clock A. l\I. -

SeThe Bill was read the second time, and was ordered to be sent to the

i nste. ‘

Mr. MULLINS introduced the following resolutions ; which were

ordered for consideration on Monday next :

Whereas, The Congress of the United States of America has passed a

‘resolution submitting to the Legislatures of_ the several States a propo

‘EllJl0I1 to amend the Constitution of the United States in the following

words, to wit : ‘ ' ’l

l “R olved by the Senate and House of Representatives of the United States

-;r'i~ln§1'ica, in Congress assembled, (two-thirds of both Houses concurring,g

That the following article be proposed to the Legislatures of the severa

‘St'tes as an amendment to the Constitution of the United States, which,

when ratified by three-fourths of said Legislatures, shall be valid to all

;intents and purposes as apart of said Constitution, namely :

I ' ARTICLE X111. ~ -

. Sscrron 1. Neither slavery nor involuntary servitude, except as a punish

lment for crime, whereof the party shall have been duly convicted, shall

wrist within the United States, or in any place subject to their jurisdic

tion.

Sscrrox 2. Congress shall have power to enforce this Article by

appropriate legislation/'—Appr0ved February 1st, 1865.

Be it resolved by the Senate and House of Representatives,‘ now met and

riding in General Assembly, That the Legislature of South Carolina doth

hereby adopt, ratify and confirm the above recited amendment.

Mr. "MULLDTS introduced the following resolutions; which were

ordered for consideration on Monday next :

Resolved, That a message be sent to the Senate proposing to that body

to rescind the resolution whereby this General Assembly will take a recess

from Monda next at 3 o'clock P. M., till Saturday before the fourth

llonday in Nbvember next at 7 o'clock P. M., and adopt in lieu thereof

the following resolution :

Resolved, That this General Assembly take u recess from Wednesday

next, at 3 o'clock P. M., till Saturday before the fourth Monday in No

vember inst., at 7 o'clock P. M.

The Senate sent to this House a resolution in relation to the continuance

of business to the regular session ; which was considered immediately,

was concurred in, and was ordered to be returned to the Senate. Also,


The report of the Committee on Federal Relations of the Senate on

resolutions in regard to the United States colored troops in the lower

section of the State, and requesting the Provisional Governor to use every

effort for their immediate removal. Also,

The report of the Judiciary Committee of the ' Senate on resolution of

inquiry as to the eifect of the new Constitution upon the ofiices of Treasu

rers of the Upper and Lower Divisions of the State ; which were severally

ordered for consideration on Monday next.. Also,

A Bill to change the place for holdin the Courts of Law and Equity

for Chesterfield District, temporarily, which was read the first time, and

was referred to the Judiciary Committee. Also, returned to this House,

A Bill preliminary to the legislation induced by the emancipation of

slaves ; which was ordered to be placed in the calendar of unfinished

business continued to the regular session.

Pursuant to notice, and by leave of the House, Mr. WEATHERLY

introduced '

A Bill to regulate the collection of debts in this State; which was read

the first time, and was referred to the Judicia Committee.'Pursuant to notice, and by leave of the llyouse, Mr. BUTLER intro

duced .

A Bill to alter and amend the twenty-eighth section of the first article

of the Constitution of this State so as to disqualify certain salaried oflicers

from taking seats as Members of the General Assembly ; which was read

the first time, and was referred to the Judiciary Committee,

Mr. GREEN, from the Committee on Roads, Bridges and Ferries, made

a report on the petition of the Camden Bridge Company, and reported

A Bill to extend to the Camden Bridge Company the time within which

to rebuild their bridge ; which was read the first time, and was ordered

for consideration on Monday next. .

Mr. PRICE introduced the following resolution ; which was considered

immediately, and was agreed to : ' _

Resolved, That the printer to this General Assembly be authorized to

print fifty extra copies of the Report of the Comptroller-General, and that

he be allowed therefor the rates now allowed by law for public printing.

The following message was received from the Senate, and on motion of

Mr. GARLINGTON, a message was ordered to be sent to the Senate

ranting leave to so amend : ‘

V In run S1'‘nurn, November 11, 1865.

Hr. Speaker_ and Gentlemen of the House ofReprese-ntntivcs:

Senate respectfully asks leave of your House to amend' the resolutions

providing for mileage, and suspending the per diem during the Recess, by

including the Engrossing Clerks in the Attorney-General’s and Solicitor‘s

Departments, and that said Clerks, each, be allowed the per diem pay and

mileage of a member of the General Assembly, during their attendance at

this session. '


F. J. MOSES, President Senate pro tem.

Mr. READ, from the Joint Committee, consisting of the Committee of

Finance and Banks, of the Senate, and of the Committee of Waysand

Means, of the House, in reference to the expenses of the meeting of the

Legislature at the extra session, made a report; which was considered

‘ SATURDAY, NOVEMBER 11, 1865. 87

immediately, was agreed to, and was ordered to be sent to the Senate for

concurrence. _ _

The followmg message was received from the Senate, and on motion of

Mr. PRICE, a message of concurrence was ordered '60 be 81.91142 1&o. ‘.ille.

Senate : '

Q . In run SENATE, November 11, 1865'.

Mr. Speaker and Gentlemen of the House of Representatives .

Senate respectfully informs the House that the message from the House‘

requesting the Senate to allow your House to amend the 'report of the

Committee (from the Senate) on the Military and Pensions on a joint

resolution for the sale of the State Works at Greenville as follows :

“While, therefore, this House has every confidence in the gentlemen

named as Commissioners in the resolution from the Senate, they most

respectfully recommend that their names be stricken out, and the name of

James Tupper, State Auditor, inserted in their place ;” and that the word

“liheir,” in the eleventh line, be stricken out, and “his” be inserted in its

p ce.

The House is also of the opinion that it would be well to leave it to the

discretion of the State Auditor to sell the Works for cash or on a

limited credit, as he may deem most advisable. They therefore recom

mend that the resolution of the Senate be further amended by adding the

words, after the word cash, “ or on such limited credit as he may believe

advisable,” has not been concurred in.

Senate has appointed Messrs. Townes, Kershaw and Boozer a Com

mittee of Conference, and requests your House to appoint a similar Com

mittee, to confer with the Committee of the Senate.


F. J. MOSES, President of the Senate pro tem.

Whereupon, the ‘SPEAKER announced Messrs. Price, Garlington and

Campbell, of the Committee, on the part of the House. '

. Mr. SCOTT introduced the following resolution ; which was considered

immediately, and was agreed to :

Resolved, That it be referred to the Committee of Ways and Means to

report as to the propriety of allowing the Keeper of the State House and

Grounds, for his services in preparing places for the meeting of this Gen

eral Assembly, the per diem of other oflicers in attendance in the present

session.

Mr. CAMPBELL presented the application of Benjamin Mordecai, in

behalf of himself and others, for an Act of incorporation authorizing the

construction of a street railroad in the city of Charleston ; which was

referred to the Committee on Railroads.

Hr. YOUMANS introduced the following resolution ; which was ordered

for consideration on Monday next :

Resolved, That a message be sent to the Senate, requesting leave of that

body to rescind the resolution providing for a recess being taken by the

General Assembly during this extra session.

The SPEAKER laid before the House the report of the Comptroller

General ; which was referred to the Committee of Ways and Means.

A Bill, from the Senate, to establish and regulate the Domestic Rela

tions of Persons of Color, and to amend the law in relation to Paupers,

Vagrancy and Bastardy, was taken up from the table and was read the

fisrt time, and' was referredto the Judiciary Committee. V


I

Mr. READ gave notice that on Monday next he would ask leave to

introduce _

A Bill to make provision for the payment of taxes due by the land

holders of this State to the United States Government by the State of

South Carolina.


GENERAL ORDERS.

The following Bills were read_ the second time, and were ordered to be

sent to the Senate : _

A Bill to incorporate Schiller Lodge No. 30 of the Independent Order

of Odd Fellows of the State of South Carolina, located in the city of

Charleston.

A Bill to provide for the drawing of Jurors in certain cases.

A. Bill to provide a mode by which to perpetuate testimony in relation

to deeds and records destroyed or lost ; the title having been changed so

as to read, ‘

A Bill to provide a mode - by which to_ perpetuate testimony in relation

to deeds and records, wills, choses in action, and other papers destroyed

or lost.

Report of the Judiciary Committee on a resolution inquiring what

legislation is necessary as to the drrwing of Juries for the Superior Courts

of Law of the State, was agreed to.

On motion of Mr. BALL, the House was adjourned at twenty minutes

past 3 o’clock P. M. - - .

MONDAY, NOVEMBER 13, 1865.



the pr eedings were opened with prayer by Rev. Mr..Walker.

The(§ournal of Saturday’ proceedings was read. '

Message No. 5 was then received from his Excellency B. F. Perry, Pro

visional Governor of South Carolina ; which was ordered to be laid on the

table :

EXECUTIVE DEPARTMENT,

I Souri-1 Canonnu, November 13, 1865.

To the Honorable the Senate and Ilouse of Representatives.

Gnmmmmn : I have the honor of communicating to you the promised

notice of the Secretary of State of the United States of the proposed

amendment to the-Federal Constitution abolishing slavery.

In the last Message which I had the honor of sending you, I gave co ies

of the several communications which had assed between the Presidiant

and the Secretary of State and myself on this subject. You will remem

ber that the construction to which this proposed amendment of the Fed

eral Constitution was liable, and which made it objectionable to South

Carolina, was entirely repudiated by the Secretary of State. I stated, too,

in that Message, that the President and Attorney-General of the United

MONDAY, NOVEMBER 13, 1865. 89

States were understood as concurring in the construction given to the

second section of the amendment by the Secretary of State. I know that

it will give you the greatest pleasure imaginable to do all that you can,

consistent with your honor and duty to the State, to restore her once more

to self-government and civil liberty, to peace and harmony, and to

happiness and prosperity, in the Union of States. -

There can hardly be a doubt that this amendment will be adopted by

three-fourths of the States, although you should refuse to accept it, and

will become a part of the Federal Constitution. This consideration alone

should lessen very much your responsibility in acceding to it, on the part

of South Carolina, whilst it increases very much the evil and damage in

rejecting it to the State. _ '

I repeat what I said in my last Message to you : the destiny of the State

is in your hands, for woe or for weal, and I have an abiding confidence in

your judgement and wisdom,' and in your honor and patriotism. I would

remind you, also, of all that President Johnson has so nobly done for the

Southern States, and it is he who appeals to South Carolina in the name

of God, “not to throw away all that has so far been well done, and defeat

the restoration of thevUn_ion ;” but to “be guided by love and wisdom from

on High, and Union and peace will once more reign through the land."

B. F. PERRY.

Mr. BUTLER introduced the following resolution-; which was agreed to :

Resolved, That until the end of this special session,‘ no member be

allowed to speak longer than five minutes, nor more than twice upon the

same subject. '

On motion of Mr. MULLINS, the House proceeded to the consideration

of the ~

GENERAL ORDERS.

The resolution in relation to the ratification of the Cohstitutional amend

ment, and in connection therewith Message No. 5 of the Governor, was

taken up.

Mr. MULLINS moved to amend the resolutions as follows :

Wllereas, The Congress of the United States, by joint resolution,

approved on the lst day of Febru'ry, A. D. 1865, proposed an amendment

to the Constitution of the United States, for the ratification of the Legis

latures of the several States, which amendment is in the following words,

to wit :

ARTICLE XIII.

“ SEO. 1. Neither slavery nor involuntary servitude, except as a punish

ment for crime, whereof the party shall have been duly convicted, shall

exist within the United States, or any place subject to their jurisdiction.”

1. Resolved, therefore, by the Senate' and House of Representatives of the

General Assembly of the State of Sonth Carolina, in General Assembly met,

and by the authority of the same, That the aforesaid proposed amendment

of the Constitution of the United States be, and the same is hereby,

accepted, adopted and ratified by this State.

2. Resolved, That a certified copy of the foregoing preamble and resolu

tion be forwarded, by his Exoe ency the Provisional Governor, to the

President of the United States, and also to the Secretary of State of the

United States.


Mr. KEITT moved to amend the amendment by inserting the following :

Whereas, His Excellency the Provisional Governor has communicated to

this House that notice has been sent to this State, by_ Hon. William H.

Seward, Secretary of State of the United States, oi’ a proposed amend

ment to the Constitution of the United States, which is in the following

words, to wit : '

- ARTICLE XIII. ‘

“ SEC. 1. Neither slavery norinvoluntaryservitude, except as a punish

ment for crime, whereof the party shall have been duly convicted, shall

exist in the United States, or any place subject to their jurisdiction;

“Sac. 2. Congress shall have power-to enforce this article by appro

priate legislation.”—Appr0vedFeb1'1m1'y lst, 1865. V '_

And, uhereus, The people of South Carolina, in Convention assembled,

have in good faith, by the insertion of a clause in the Constitution of the

State, acquiesced in the action of the United States Government, whereby

slavery has been abolished in the State;

And, whereas, The proposed amendment is construed by the Executive

Department of the Federal Government asnot giving Congress the power

to legislate in the States after their acquiescence in the abolition of slavery :

Be1't1'csolved, That the General Assembly of the State of South Caro

lina do agree to, adopt and ratify the proposed amendment to the Consti

tution of the United States, approved February 1, 1865.

Resolved, That a certified copy of the foregoing preamble and resolu

tions be sent, by his Excellency the Provisional Governor, to the Presi

dent of the United States, and also to the Secretary of State of the United

States.

Mr. TR-ESCOT moved to lay the amendment and the amendment to the

amendment on the table; and the question being put, will the House

agree thereto ? it was decided in the negative.

- Yeas, 43; nays, 54.

Those who voted in the aflirmative arc,

Hon. A. P. AnnmcH, Speaker ; and Messrs. D. Wyatt Aiken, Bachman,

Ball, Barker, Benbow, Black, Clyburne, Coker, Culbreath, Dozier, DuPre,

Farmer, Flowers, Hagood, Hayes, Hearst, Hutson, Jones, Landrum,

Lewie, Martin, McKewn, W. E. Mikell, Bead, J. P. Richardson, J. J.

Ryan, Salley, Scott, Shaw, Sheridan, Sparkman, William Stokes, Talbert,

'1‘alley,- Tew, Thomson, Todd, Treseot, William Wallace, Wannamaker,

Warley, Youmans. '


Messrs. Alsian, Anderson, Barton, Butler, Campbell, Cannon, Carlisle,

Copeland, Covmgton, Dawkins, DePass, Duncan, Easley, Elkin, Elliott,

Fair, Gaillard, Garlington; Gilbert, Goodwyn, Graham, Hammett,

Hanckel, Haskell, Hough, Keitt, Lee, Leitner, Lipsey, Melchers, V Milli

gan, Milling, Moore, Mullins, Mulvaney, Norton, Perry, Petty, Pressley,

Price, Rawlinson, F. D. Richardson, Russel, Sessions, Simonton, Springs,

%Vtaekhouse, B. Stokes, Suber, Walker, Walsh, Weatherly, Woodruff,

right. ' ,So the House refused to lay the amendment on the table. i

Mr. A. S. WALLACE asked, and obtained leave to record the vote he

would have given, if present, on the preceding question; and Mr. A. S.

Wallace being called, answered no. Q i V

The amendment to the amendment proposed by Mr, Keitt, was then

ordered to be laid on the table. V '

MONDAY, NOVEMBER 13, 1865. 9]‘.

Mr. CAMPBELL moved to amend by striking out all after the word

" Whereas,” and inserting the following :

The people of South Carolina have deliberate] accepted the emancipa

tion of their slaves as one of the results of the late war, and said slaves

have been emancrilpated, and are now free.

And, whereas, hey have further agreed that neither slavery or involun

tary servitude, except for crime, aha ever' hereafter be re-established in

this State, therefore, this General Assembly doth aflirm and declare, that

the emancipation of the slaves, and the perpetual prohibition of slavery in

the State of South Carolina, are fixed, unalterable and inevitable acts :

And, whereas, This General Assembly, and the people of South Carolina,

have understood and believe, but have not been oflicially informed thereof,

that the Congress of the United States did, on the first day of February,

A. D. 1865, by Joint Resolution, duly approved, propose an amendment to

the Constitution of the United States, in the words following, to-wit :

Resolved, by the Senate and House of Representatives of {he United States of

America. in Congress assembled, (two-thirds of both Houses concurring,{

That the following article be proposed to the Legislatures of the severa

States as an amendment to the Constitution of the United States, which,

when ratified by three-fourths of said Legislatures, shall be valid to all

intents and purposes as a part of said Constitution, namely :

ARTICLE XIII. -

SECTION 1. Neither slavery nor involuntary servitude, except as a pun

ishment for crime, whereof the party shall have been duly convicted, shall‘

exist within the United States, or in any place subject to their jurisdic

tion.

SEcrrox 2. Congress shall have power to enforce this Article by appro

priate legislation.—Approved February 1st, 1865.

And, whereas, The people of South Carolina, and this General Assembly

thereof, intend, whenever hereafter they shall have due notice of said

proposed amendment, and shall be in a condition so to do, to ratify,

acquiesce in, and confirm the said amendment to the Constitution of the

United States ;

And, whereas, By another result of the late war, this State is in military

occupation, and the people thereof are, for the present, deprived of self

government, being in place thereof governed by a Military or Provisional

Government, without acknowledgment of right or authority in them, as

one of the United States, to do any act therein binding upon the United

States, or any one of them, and thereby are not in a condition to ratify

said amendment :

Therefore, this General Assembly doth hereb declare and aflirm, that

whenever, and as soon as the State of South Carohna shall be duly notified,

and shall be acknowledged to be one of the United States, and restored to

the rights guaranteed to each State, and capable to do such' act, they will

ratify, acquiesce in, and confirm the said amendment of the Constitution

of the United States. And to do this, they hereby deliberately undertake,

and for the faithful performance of this undertaking, they do hereby

irrevocably pledge the faith and truth of the people of South Carolina,

and this General Assembly thereof, before the world. _

Mr. LEITNER moved to lay the amendment of Mr. Campbell on the

table, and the question being put, will the House agree thereto ?:it passed

in the aflirmative. '

-- Yeas, 68; nays, 35. ' '

/


Those who voted in the afirmafive are,

Messrs. D. Wyatt Aiken, Alston, Anderson, Bachman, Ball, Barton,

Butler, Cannon, Carlisle, Clyburne, Coker, Culbreath, Dawkins, DePass,

Dozier, Duncan, Essley, Elliott, Fair, Flowers, Gaillard, Garlington,

Gilbert, Goodwyn, Graham, Hagood, Hammett, Hanckel, Hayes, Hough,

Jones, Keitt, Landrum, Lee, Leitner, Lewie, Lipsey, Martin, Melchers,

T. P. Mikell, Milling, Moore, Mullins, Mulvaney, Norton, Perry, Pressley,

Price, Rawlinson, Read, Russell, Scott, Sessions, Simonton, Springs,

B. Stokes, Talbert, Todd, Trescot, Walker, A. S_. Wallace, Wm. Wallace,

Walsh, Wannamaker, Warley, Weatherly, Woodrufl, Wright.


Hon. A. P. AnnmcH, Speaker; and Messrs. James R. Aiken, Barker,

Benbow, Black, Campbell, Copeland, Covington, DuPre, Elkin, Farmer,

Gavin, Haskell, Hearst, Hutson, McKewn, W. E. Mikell, Milligan, Petty,

F. D. Richardson, .T., P. Richardson, J. J. Ryan, T. P. Ryan, Salley,

Shaw, Sheridan, Siegling, Sparkman, Stackhouse, Wm. Stokes, Suber,

Talley, Tew, Thomson, Youmans.

So the amendment was ordered to be laid on the table.

Mr. A. S. WALLACE moved to refer the resolutions to the Committee

on Federal Relations.

Mr. MULLINS moved to lay the motion on the table, and the question

being put, will the House agree thereto ? it passed in the aflirmative.

Yeas, 56 ; nays, 46. _


Messrs. Alston, Anderson, Barton, Butler, Campbell, Cannon, Carlisle,

Clyburne, Dawkins, DePass, Duncan, Easley, Elliott, Fair, Gaillard, Gar

lington, Gilbert, Goodwyn, Graham, Hammett, Hanckel, Haskell, Hayes,

Hough, Lee, Leitner, Lipsoy, Melchers, T. P. Mikell, W. E. Mikell, Mil

ligan, Milling, Moore, Mullins, Mulvaney, Norton, Perry, Petty, Pressley,

Price, Rawlinson, J. P. Richardson, Russell, Scott, Sessions, Simonton,

Springs, Stackhouse, B. Stokes, Thomson, Walker, Walsh, Wannamaker,

Weatherly Woodruff, Wright.

Those who voted in the negative are, '

Hon. A. P. ALDRICH, Speaker ; and Messrs. James R. Aiken, D. Wyatt

Aiken, Bachman, Ball, Barker, Benbow, Black, Coker, Copeland, Coving

ton, Culbreath, Dozier, DuPre, Elkin, Farmer, Flowers, Gavin,VHagood,

Hearst, Hutson, Jones, Keitt, Landrum, Martin, McKewn, Read, F. D.

Richardson, J. J. Ryan, T. P. Ryan, Salley, Shaw, Sheridan, Siegling,

Sparkman, Wm. Stokes, Suber, Talbert, Talley, Tew, Todd, 'l‘rescot, A.

S. Wallace, Wm. Wallace, Warley, Youmans. -

So the motion was ordered to be laid on the table.

The amendment proposed by Mr. Mullins was then agreed to, and the

question being put, will the House concur in the resolutions as amended?

it passed in the aflirmative.

Yeas, 74; nays, 24.


Messrs. Alston, Anderson, Barker, Barton, Black, Campbell, Cannon,

Carlisle, Coker, Copeland, Covington, Culbreath, Dawkins, DePass,

DuPre, Duncan, Ensley, Elkin, Elliott, Fair, Farmer, Flowers, Gaillard,

Garlington, Gilbert, Goodwyn, Graham, Hagood, Hammett, Hanckel,

Haskell, Hayes, Hough, Jones, Keitt, Landrum, Lee, Leitner, Lewie,

Lipsey, Melchers, T. P. Mikell, Milligan, Milling, Moore, Mullins, Mul

vaney, Norton, Perry, Petty, Price, Bawlinson, J. P. Richardson, Russell,

J. J. Ryan, Salley, Sessions, Shaw, Siegling, Simonton, Springs, Stack

house, Suber, Talley, Tew, Thomson, -Trescot, Walker, A. S. Wallace,

Walsh, Warley, Weatherly, Woodrufl‘, Wright.

.r__ ‘in? _

MONDAY, NOVEMBER l3,‘1865. ]93


Hon. A. P. AnnRICH, Speaker; and Messrs. James R. Aiken, D. Wyatt

Aiken, Bachman, Ball, Benbow, Butler, Cl bnrne, Dozier, Hearst, Hut

son, Martin, Mc_Kewn, W. E. Mikell, Pressley, Read, F. D. Richardson,

T. P. Ryan, Scott, Sheridan, Sparkman, B. Stokes, Wm. Stokes, Talbert,

Todd, Wm. Wallace, Wannamaker, Youmans.

So the resolution, as amended, was agreed to, and was ordered to be

sent to the Senate for concurrence. _ ‘

Mr. BARKER introduced the following resolutions; which were referred

to the Committee on the Military: V

Whereas, Delays may occur in the organization of Volunteer Police

Companies, under the recent Proclamation of Governor Perry, and until

said companies shall be ready for service, some force is needed for imme

diate protection of the people :

Be it Resolved, by this General Assembly, That the militia organization of

this State, as it existed on the first day of February last, is recognizedas

still prevailing, until re-organized, and as liable for duty, under the follow

ing regulations :

Resolved, That the senior oflicers of Militia Regiments are hereby

empowered and required to perfect the organization of their commands

forthwith, by appointment of officers and enrollment of men in the differ

ent Beat Companies, and so far as permitted by the authorities

of the United States, are hereby charged with the police an patrol duty

of the country: Provided, That said regimental and company ofiicers of

the militia shall not interfere with the action of the people in organizing

volunteer companies for police purposes in each District, but shall stimu

late such action by enforcing the Militia and Patrol Laws within their

territorial jurisdictions, until said volunteer force shall be ready for

service.

Resolved, That his Excellency the Provisional Governor be requested to

procure for the militia companies such arris and ammunition as may be

needed for immediate use, and until a suflicient volunteer police force

shall have been organized and armed in each District.

' Mr. BLACK introduced the following resolutions; which were agreed to:

Resolved, That it be referred to the Committee of “lays and Means, to

consider the propriety of closing such old debts of long standing reported

in the Annual Statement of the Comptroller-General, of the debtors and

creditors of the State, as in their opinion, after due investigation, cannot

be collected.

Resolved, That the said Committee be authorized to report what balances

of former appropriations remaining undrawn on the lst October last,

should be retired. '

Resolved, That it be referred to the Committee on Retrenchments,

ascertain and report as to the propriety at this time of reducing

salaries and fees of all State and District oflicers, as now OSl'-‘&.bllSl;/

law, and also of the propriety of reducing all other annual expen

by the State, in accordance with the reduced means of the State. ,'

Mr. KEITT introduced the following resolution; which was sf

Resolved, That it be referred to the Committee of Ways and

inquire and report upon the expediency and propriety of impos.

upon all monies which may be collected within this State, by any_

of law, issuing from any Court whatever, either of this State or the K (

States. ' '

/


Mr. J. R. AIKEN introduced the following resolutions ; which were

agreed to, and were ordered to be sent to the Senate for concurrence :

Resolved, That the sum of three‘ hundred dollars, if so much be neces

sary, be appropriated for the immediate transportation to Columbia of

the Records of the several State Departments, now deposited in the Court

House at Chester, said Records being important and necessary in the

transaction of_the business of their respective oflices, and for reference

upon calls made by the General Assembly for information during its

ap%roaching regular session. ~

' esolved, That the Secretary of State be authorized to superintend the

transportation of the Records referred to, or to employ an Agent under

his direction for that purpose ; the necessary expenses of the Secretary of

State, or said Agent, to be paid out of the appropriation above mentioned.

Resolved, That the Bank of the State be requested to advance the

aforesaid appropriation of three hundred dollars upon the drafts of the

Secretary of State, who shall account to the Legislature for his expendi

tures under these resolutions. '

Resolution for the payment of three-fourths of the salaries of the

Clerks of the Senate and House, for this called session, which was agreed

to, and was ordered to be sent to the Senate for concurrence.

Mr. SIMONTON gave notice that he will, on some day subsequent, ask

leave to introduce

ABill to incorporate the South Carolina Laud and Immigration Com

any.P Mr. BARKER gave notice that, to-morrow, or on some subsequent day,

he will ask leave to introduce

A Bill to amend the charter of the Charleston Gas-light Company.

Mr. MULLINS introduced the following resolutions ; which were agreed

to :

Resolved, That the Commanding General be respectfully requested to

permit the old College Chapel to be prepared for the meeting of this House

at the regular session.

Resolved, That if such permission be granted, the Keeper of the State

House, under the direction of the Clerk of this House, do make the

necessary arrangements.

Mr. GILBERT introduced the following resolution ; which was agreed

to, and was ordered to be sent to the Senate for concurrence:

Resolved, That Hon. W. H. Trescot, Agent of the State of South Caro

lina, upon the subject of abandoned_ lands, is hereby commissioned and

empowered to make the matter of cotton seizure, in this State, on the

part of the United States authorities, the subject of his earnest attention

and investigation at Washington, with a view to the protection of the

people in this particular.

Resolved, That this resolution be immediately sent to the Senate for

concurrence.

The following message was received from the Senate : ‘

_ In run Smwrn, November 11, 1865.

.Mr. Speaker and Gentlemen of the House of Representatives:

Senate respectfully asks leave of the House to amend the report of the

lommittee of Ways and Means, of the House, on the communication of


the Reading Clerk-of the House, and others, in relation to their per diem

and mileage, as follows : _ -‘

1. To add the words “Senate and” before House of‘ Representatives, so

as to include Reading Clerk, Assistant Clerk, Messenger and Door-keeper,

in the provision made for those oflieers in the House.

2. To add the Keeper‘of the State House and Librarian of the College

for their per diem, and to Wm. Cofiin and Scott Eddings for $150 per diem

each, for their attendance as Assistant Messengers of the Senate during

this present session.


‘ F. J. MOSES, President pro tern.

On motion of Mr. READ, a message was ordered to be sent to the Sen

ate. granting leave so to amend.

The following message was received from the Senate : ‘

- In ruE SENATE, November 11, 1865.

M‘. Speaker and Gentlemen of the House qf Representatiws :

Senate respectfully asks leave to amend the first resolution of the Joint

Committee of Finance and Banks, of the Senate, and of Ways and Means,

of the House of Representatives, to which was referred a resolution that

the Committee on Finance and Banks be instructed to make arrangements

for meeting the expenses of the Legislature, at the present session, by

striking out “and,” and inserting after Solicitors and their Clerks, and

the Assistant Messengers of the Senate, so as to make it rend as follows:

Resolved, That pay-bills be issued to the members of the General

Assembly, the Attorney-General, Solicitors and their Clerks, and the

Assistant Messengers of the Senate, on the Cashier of the Bank of the

State, payable on the first day of December next. .


F. J'. MOSES, President pro tem.

On motion of Mr. READ, a message was ordered to be sent to the Sen

ate, granting leave to amend as indicated.


In run Saxarn, November '13, 18_65. i

Mr. Speaker and Gentle-men of the House of Represeniatives :

Senate respectfully asks leave of your House to substitute the joint re

port made by the Special Committee on the petition of citizens of St.

Helena, on a resolution from the House relating to the ten per cent. per

annum on lands in St. Philip’s, St. Michael's, St. John’s, Colleton, Prince

William, and St. Luke's, in the resolution on that subject, which has

passed your House, and has been sent to the Senate for concurrence.

' ' ' By order of the Senate. ‘

F J MOSES President pro tem. . , .

On motion of Mr. ELLIOTT, a message was ordered to be sent to/

Senate, granting leave to amend as indicated. ,

The Senate sent to this House the following resolutions : "

Whereas, The Congress of the United States, by joint re

approved on the 1st day of Februar , A. D. 1865, proposedment to the Constitution of the UniteclrStates for the ratifica

Legislatures of the several States, which amendment is in

words, to wit :

1//

I

//

96 ' MONDAY, NOVEMBER 13, 1865.

- ARTICLE XIII. '

“ Sscrron 1. Neither slavery nor involuntary servitude, except as a

punishment for crime, whereof the party shall have been duly convicted,

shall exist within the United States, or any place subject to their jurisdic

t‘1o11“ SECTION 2. Congress shall have power to enforce this article by appro

priate legislation. ” _

1. Resolved, therefore, by the Senate and House of Representatives, of the

General Assembly of the State of South Carolina, in General Assembly met,

and by the authority of the same, That the aforesaid proposed amendment

of the Constitution of the United States be, and the same is hereby

accepted, adopted and ratified by this State.

2. Resolved, That a certified copy of the foregoing preamble and reso

lution be forwarded by his Excellency the Provisional Governor to the

President of the United States, and also to the Secretary of State of the

United States. _

3. Resolved, That any attempt by Congress towards legislating upon the

political status of former slaves, or their civil relations, would be contrary

to the Constitution of the United States, as it now is, or as it would be

altered by the proposed amendment, in conflict with the policy of the

President declared in his Amnesty Proclamation, and with the restoration

g that harmony upon which depends the vital interests of the American

mon. -

On motion, a message was ordered to be sent to the Senate, asking leave

to amend the resolutions by striking out the third of the series.


In THE SENATE, November 13, 1865.


Senate does not grant leave to your House to amend the resolution of

the Senate, ratifying the proposed amendment of the Constitution of the

United'States, by striking out the third resolution.

i By order of the Senate.

' F. J. MOSES, Presidentpro fem.

The resolutions from the Senate were then concurred in, and were or

dered to be returned to the Senate.

Mr. RYAN, from the Committee on Oflices and Officers, made a report

on the communication of Hon. B. F. Dunkin ; which was agreed to, and

was ordered to he sent to the Senate for 'concurrence.

Mr. PRICE, from the Special Joint Committee of Conference, on the

resolution as to the sale of the State Works, at Greenville, made a report ;

which was ordered for consideration to-morrow. ’

The Senate sent to this House the report of the Special Joint Committtee

of Conference on the resolution as to the sale of the State Works, at

Greenville ; which was ordered for consideration to-morrow. _

The Senate sent to this House,

A resolution in relation '_to slaves; which was referred to the Committee

on Colored Population. " .

Mr. SCOTT, from the Committee of Ways and Means, made areport on

resolution for paying theKeeper of the State House and Grounds for ser

vices at this session ; which was agreed to, and.was ordered to be sent to

the Senate for concurrence. _


The Senate returned to this House, with concurrence,

Resolution authorizing the transportation of Public Records from

Chester ; .

Resolution providing for compensation for extra duty imposed on the

College Librarian ;

Resolution providing for mileage, and suspending the per diem during

the recess ; ~

Resolution empowering Hon. Wm. Henry Trescot to act at Washington

with reference to-cotton seized in this State ;

Report of the Committee of Ways and Means on communication of H.

L. Farley and others ; also, '

On resolution as to pay of State House Keeper for the present called

session.

The SPEAKER announced at 3 o’clock P. M., that the House would

recede from business under the joint resolution of the General Assembly,

until 7 o’clock P. M, on Saturday before the 4th Monday in November

next.

9

\¢

s

INDEX TO THE JOURNAL

‘ or run

HOUSE OF REPRESENTATIVES,

. SPECIAL SESSION, OCTOBER AND NOVEMBER, 1865.

A.

- nan

Adjutant and Inspector-General, resolutions as to reducing salary of. . 56

Architect of new State House, report of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

Aldrich, A. P., elected Speaker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5, 6

Arms in possession of free negroes, resolution relative to . . . . . . .38, 65, 77

Assembly, General, concurred . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

. recess of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 97

re-assembled . . . . . . . . . . . . . . . . . . . . . . . . . sf. . . . . . . . 98

place of meeting of . . . . . . . . . . . . . . _ . . . . .11, 30, 33, 39

resolution to meet in Charleston . . . . . . . . . . .37, 46, 57

special session of, resolution relating to . . . . . . . . . . 50

Acts of 1864, resolution to print . . . . . . . . . . .50, 61, 7_9

resolution as to recess and adjournment of. . . . .76, 79

Associate Justice, resolution to elect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Attorney-General, opinion of, in case of A. C. Garlington, Esq.,. . . . 57

Auditor of the State instructed to audit accounts of Julian A. Selby. . 84

resolution to abolish ofiice of . . . . . . . . . . . . . . . . . . 72

B.

Banks, resolution as to circulation and liability of . . . . . . . . . . . . . . . .66, 73

Beaufort, resolution as to ofiicers of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Boatwright, John L., elected Messenger . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Brownfield, J. W., communication of. . . . . . . . . . . . . . . . . . . . . . . . . . . . ..i. 10

10

O

0

fí nDEx To THE HOUSE JourNAL.

;

Bills of the House of Representatires—Special Session of 1865.

[The titles of Bills marked with an * were changed either by the members intro

ducing them, or by the House or Senate.]

|

Other

proceedings. . .

|i |

Introduced by Title.

|Mr. Simonton. 1: A Bill to provide for the

- election of Members

of Congress for this

State . . . . . . . . . . - - - - -

Mr. Wagener. 2. A Bill for the encourage

ment and protection

of European immi

gration, for the ap

pointment of a Com

missioner, and for

other purposes therein *

expressed... . . . . . . . . . . 37:44 . . . . . .75

Mr. Barker. 3ABill to repeal the usury ..., -

laws of this State . . . as a . . . . .73

Mr. Barker. 4A Bill to abolish impar-l.

lances. . . . . . . . . . . . . . . 38.60 . . . | 73

Mr. Barker 5A Bill to facilitate the- - collection of debts se- |

cured by mortgage. . . 38.60 - - - - -

| entitled “An Act to .

| alter the law in rela-

tion to last wills and

testaments, and for -

other purposes,” rati-fied 21st December, A.

D. 1858. . . . . . . . . . . . . 38.4584 65i

Mr. Talley. "A Bill to amend an Actl - |

-

|

Mr. Dawkins. 7|ABill to amend the char

| | ter of the Spartanburg

and Union Railroad

Company . . . . . . . . . . . 38

Mr. Read.

now in force to pre-...

vent vagrandy. . . . . . 89. |

8A Bill to amend the law

INDEX TO THE HOUSE JOURNAL. iii

/

Bills of the House cf RepresentaI1r'vea—Special Session of 1866.

Mr. Coker. l

Mr. Norton. -

Mr. Hutson.

Mr. Simonton.

Mr. Moore.

Mr. Warley.

lls-h ‘EH37.

ng__

Introduced by

.lnber.;V__;

I.oti__ ‘|'irs l|Seco ITEE

Title.

I1L

l 9 A Bill to create the ofiice

I of General Superin

; ; tendent of Free

i ‘ Schools, and to amend

‘I 1 the law in relation to

i Free Schools . . . . . . . .

F

l10jA Bill to require She-'

i riffs, when requested

to do so, to put pur-_

chasers of r€11lr6St81lZ€{

at their sales in pos-;

; ‘ session within one'

1 month, when the par-;

ty as whose propertyi

it is sold, or his tenantl

‘ : is possessed _ . . . . . . . ._f

'11;*A Bill to provide n;

1 mode by which to‘

% perpetuate testimony;

1 in relation to deedsi

; and records destroyed;

or lost . . . . . . . . . . . . .

12iA Bill to amend and re—;

_ new the charter of the!

' Calhoun Insu r a n c e_

- Company, of Charles

'l ton. . . . . . . . . . . . . . .1,A Bill to restrain con_

‘ ; fessions of judgmenti

‘ and assessments pre-1

ferring creditors. . . . . ‘hr _ ss_ _

= A Bill to amend the law

_ allowing insolvents to

i prefer creditors. . . . . .

Judiciary Gom- 15‘A Bill to provide for the_

mittee‘ ‘ , drawing of Jurors in _ V ;

' certain cases. : . ; . . 1 ;;..1.541ss ..:o7,e5

ceof.

tReadinndBeadReadi

F‘

y:

45'51l..i

l i

. 1

i

: ;

so;asiss

lei

soiss;eeP

s1|5e;..

52175|

Other

proceedings.

78

168

‘

f68

,3

I

> ;F

i1

1

1

yBafified.

iv. INDEX TO THE HOUSE JOURNAL.

Bills of the House of Representatives—Special Session of 1865.

i

Introduced by

Mr. Butler.

Mr. J. S. . Rich

ardson, Jr.

Mr. J. S. Rich

ardson, Jr.

Mr. J. S. Rich

ardson, Jr.

Mr. Milligan.

Mr. Campbell.

!

|

t

|

*

!

|

t

Title.

10A Bill toamend the twen

ty-eighth section of

£ first article of the

Constitution of this

State, so as to dis

qualify certain sala

ried officers from

taking seats as mem

bers of this House. . .

17|A Bill to amend the law

known as the Stay

Law. . . . . . . . . . . . . . . .

18|A Bill to establish a

Homestead Law. . . . .

19|*A Bill to enable farmers

to introduce books of .

original entries as evi

dence in all cases re

lating to the transac

tions and operations

of the farm. . . . . . . . .

20|A Bill to abolish the

whipping of white

men in the public

market in the city of

Charleston. . . . . . . . . .

21|A Bill to alter and amend

the Constitution of

this State, by striking

out the word “white,”

in the first sentence of

the fifth section of ar

ticle first, so that the

basis of popular rep

resentation will be the

Samein the State Con- .

stitution as in the Con

stitution of the United

States; and also, by

striking out the provi.

89 in the ninth section

of the same article...*

||

|

56 86

59 s

59.67

6063

61

|

61.63....

Other

proceedings.

73

i

INDEX TO THEHOUSE JOURNAL. V

B‘ill: of/the House qf Representatives—‘S’pcciaZ Session of 1865.

ii‘i"_.—_"“—"___—"'iV’”"“‘""—é ' "T'___""‘*7’'_' '7' ' "' ' "'_'— '"'l"4

II1t.l‘odllOvd by

/

\

1 | 1 ! fi ‘ 1 - gin .1

l 1 12” ''a .3”?_. Title. ‘.._~ i"§ §*" : i O 49 ;

3 ‘ ‘ OJ Q’-'1 "E Ira |

15. .-3 *6 0 1-.;

‘ -"-‘ z .1: 3 i

F |;_____. ___ _ W s iz F“ "1 5" i_

Mr. Wagenei' 22 A Bill for the establish i

_ l mentofDistrict f 1 f

| Schools, for agricu1'- : Q k

I . tu1_'_al,_commercia1ahd; 1 1 1

‘ mechanical educatiou,i ‘ I ‘ 1

Mr. Simo

Judiciary

mittee.

Comittce

corpora

Q_

__' s -V 44

1 ' foratechnicnl evening’ i

1 1 school for apprentices| I I

_ ‘ and ‘youths in busy, '1 -

n e as in Charlestozi,

' and for other pur

poses. . . . . . . . . . . . . . .

§2a1A Bill to provide for the‘‘ i organization of t h e

1 ; Executive D e a r t

‘ ment of this gtate.

nton.. ‘ V

<_--§o.__L.___;Mg’M

GV

U‘ _a-—-~_V;l_l

--_<[;;’3 ‘_o_s».=_;‘.‘

i lCom- 241A Bill preliminary toi V

‘ l the legislation induced‘

1 V by the 6I!1allCl1JfltioI1‘ -

1 i of slaves . . . . . . . . . . . .1

on 111- 25§A Bill to incorporatei

tions. o 1 Schiller Lodge, No.1

1" 30, Inde'pen1lent! l

‘ ; Order of Odd Fel-;

o ; lows, of the State of - V

; South Caiolina in

1 the city of Ch:irles

4l_ o.o

on<.2_;_

ton . . . . . ‘ . . . .:.....:

Judiciary Com-'26iA Bill to establish Dis-‘ ‘ i -

mittee. ‘ trict Courts . . . . . . . . . . £71‘Judiciary Oom- 27iA Bill to amend th e; ; i ‘

mittee. _ o Criminal Law . . _ . . ..!..m} f

‘ : ~ \ '1 _ _

Mr. Green.' ‘281A Bill to vest the Cir-‘; ‘

i 1 cuit Judge wit11 power| '

I to decide issues of facti ‘ : l

1 in civil causes. . . . . . . . ;72|77|

Iv l

Other

proceedihg‘s; *

I

‘

"1BaTi€é&T?~"T7

‘‘ \

I

l

vi INDEX TO THE HOUSE JOURNAL.

Bills of the House of Repre:enIatives—SpeciaI Session of 1865.

_ _______ W _____e __ ___ . ____ 4i____‘____[_____[.V ~.~_ -. --7"-—‘—

Introduced by ‘

|hHfi£BE

Mr. Green. 29

_._.n_-i " ' /

<_ ‘_

VMr. Weatherly.

Judiciary C om - 31

mittee. ;

Jndiciary C 0 m -£32

mittee: ;

_

_

Special Commit-ll‘33

tee. ;

I

Special Commit-£34

tee. _

1

Committee of'35

Ways and

Means. ;

_ ‘ __. /

1"‘7>*i9<{E>£-_A l5irstReading. V

econdRifiding.“

miF13.L3:

*"

tifi

A Bill to declare serviceV

A Bill to regulate the;

A Bill to amend an Act‘

A Bill to establish and

A Bill to establish regu

A Bill to alter and amend

Title

of process upon any

ofilcer or agent of n

corporation valid 111

certain cases. . . . . . 72177

‘

collection of debts in

Other ~

roceedings.

<12

T|' ii

L-131

Ft."-“2;a;

this State . . . . . . . . .. 72 35

entitled “An Act to

secure the just rights

of mechanics, handi

crnftsmen, and for

other purposes there

in mentioned.” . . . . . .

regulate the domestic

relations of persons of

color, and to amend

the law in relation to

paupers, vagrancy and

bastardy.....-.. ....

lotions for the pur

pose of preventing

the spread of Asiatic

cholera in this State.

an Act entitled “An

Act to alter and amend

the law in reln,tion to

the method of count

ing votes in all elec

tions by the people.”.

A Bill to Provide for thel

issue of bills receive.-l

ble in payment of in-‘

debtedness 43o the

State to the amount

of three hundred‘

thousand dollars. . . . . _ . . i82i35

1 .

|va

l

1

_ __ ____

;__ __:*

*1

1

_ 5__

V

i\

1.

1

l

I

.t7:,74,77.s1

1

1

INDEX TO THE HOUSE JOURNAL. vii

Bills of the House o/' Represen/ativea—Special Session of 1865.

Introduced hy

Commit t e e o n;36iA Bill to extend to the

I_mberTitle.

I

Roads, Bridgesi Camden Bridge Com

and Ferries. ‘ pany the time within

‘I which to rebuild their

Mr. Read. I

bridge . . . . . . . . . . . . . .

371A Bill to make rov1s1onIP

for the payment of

taxes due by the land

; holders of this State

to the United States

Government by the

1 State of South Caro

lina . . . . . . . . . . . . . . . . I881 ‘

Mr. Siinonton. I38IA Bill to incorporate the

I South Carolina Land

. and Immigration

iI

I

|.oticeof.'"

|_1jTii§Fi€_'.]:i}i|'iii§.IISecondBeading.

“|‘fi~§Ti"B

..;sa‘

Company . . . . . . _ . '94_

Mr. Barker. ‘39|A Bill to amend the_

I ton Gas Light Com-I I ; .

I I . . . . . . .3941____—_—___.-__1l§‘_‘l'_'_' 1;; ',

I charter of the Charles

‘

Other

proceedings.

I

IRatified.O

II i i

"'-"=-=P-.=.-1.

v

n+

5

*#1 INDEX TO THE EIOUSE JOURNAL. |

Bills from the Senate.

s: -

# = ## = = Other

* Title. # 2.# proceedings. .

3 # F# #

5 * 5 E :

- + = E. :

z = z = <

l'A Bill to amend an Act to incorporate the

Elmore Insurance Company, to be located.

in the city of Charleston.---------------- 54.66 ... 60

2A Bill to establish and regulate the domestic

| relations of persons of color, and to amend

the law in relation to paupers, vagrancy 83

and bastardy.. . . . . . . . . . . . . . . . . . . - - - - - - - - 87 . . . .

sa Bill to change the place of holding the

Courts of Law and Equity, for Chesterfield.

District, temporarily. . . . . . . . . . . - - - - - - - ;86.

4A Bill preliminary to the legislation induced

by the emancipation of slaves. . . . . . . . . . . 86

INDEX TO THE HOUSE JOURNAL. ix

C.

nu

Camden Bridge Company, petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

[See House Bill, No. 36% '

Carolina Mutual Insurance Company, petition 0 . . . . . . . . . . . . . . . . .24, 62

Chair, J.‘Harleston Read called to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Chancellor, message to elect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52, 57

Charleston Hook and Ladder Company, No. 1, petition of . . . . . . . . . . . 49

Charleston News, account of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65

Charleston, Clerk of Court of, (see resolution by Mr. Duryea,). . . . .64, 75

Charters, resolution as to notice required for. . . . . . . . ._ . . . . . . . . .32, 57, 62

Cheraw, petition of citizens of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Chief Justice, election of . . . . . . . . . . . . . . . . . . . . . . . . . .29, 34, 39, 52, 53, 54

Clerk of House elected . . . . . . . . . . . . . . . ._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Clerk of House required to publish certain documents . . . . . . . . . . . . . . . 67

Clerk, Reading, elected . . . . . . . . . . . . . . . . . . . . . . . . . . ._. . . . . . . . . . . . . . . . 7

Code, free negro, resolutions relating to . . . . . . . . . . . . . ..45, 5(_),_5_1, 64, 80

College Library, resolution relating to. . . . . . . . . . . . . . . . . . .48, 52, 72

College Chapel, resolutions in relation to . . . . . . . . . . . . . . . . . . . . . . . . 94

Columbia Phoenix, account of, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

Colored troops. (See resolution relating to removal of, by Mr. Warley.)

Cooper, J. L., account of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 59

Committees, Standing, announced . . . . . . . . . . . . . . . . . . . . . . . . .31, 36, 66

Committees, Standing, members added to . . . . . . . . . . . . . . . . . .36, 49, 59, 65

Committee, Standing, resolution to create, on Retreuchments . . . . . .59, 66

Committees, Special, appointed . . . . . . . . . . . . . . . . . .5, 6, 11, 23, 29, 39, 62

Comptroller-General, report of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

extra copies to be printed. . . . . . . . . . . . . . 86

resolution as to abolishing oflice of. . . . . . . . . . . . . . 38

resolutions as to reporting on monied bonds, &c. 61

required to make a certain report. . . . . . . . . . . . . . . 93

Congress, United States. (See resolution to elect members of, by Mr.

' Simonton.) '

Congress, United States, message from Senate to elect members of. . . . 35

Constitution, United States, resolution relative to certain amendments

of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .85, 89

_ D.

Debate, resolution to limit. . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89

DeBow, Mr., letter and article of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . 59

DeFontaine, F. G., proposals of, for printing . . . . . . . . . . . . . . . . .31, 61, 79

Dicke , M. D., petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 55

Door-keeper elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Dunkin, B. F., elected Chief Justice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54

resolution to inform of election . . . . . . . . . . . . . . . . . . . . . 56

communication from. . . . . . . . . . . . . . . . . . . . . . . . . . . . .82, 96

E.

Election precinct, petition to abolish, in Fairfield . . . . . . . . . .31, 57, 62, 79

Managers of, resolution as to meeting of, in Beaufort. . . . . . . . 27

resolution as to duties of . . . . . . . . . . . . . . . . . . . . . . . . 27

11

x INDEX TO THE HOUSE JOURNAL.

non

Election, Managers of, resolution appointing for Sumter District. . .29, 45

resolution appointing for Union District. . . .29, 45

Iflections, resolution as to mode, when made by joint vote of both

Houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..29, 30, 32, 47

Election of President and Vice-President of United States, resolution

relating to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . 44

Elmore Insurance Company, petition of . . . . . . . . . . . . . . . . . . . . . . . _ . .24, 60

European Immigration, resolution relative to . . . . . . . . . . . . . . . . . . . . . . . . 29

. F. -

Farley, Hugh L., elected Reading Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

and others, communication from... . . . . .82, 94, 95, 97

Federal Relations, resolution relating to the status of this State. . . . . . . . 60

‘ 68, 71, 74

Ferry across Saluda River, petition for charter . . . . . . . . . . . . . . . . . . . . . . . 43

Ferry, Gaflivant’s, over Little Pee Dee River, petition for renewal of

charter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Free inegroes, resolutions relative to . . . . . . . . . . . . . .39, 43, 58, 61, 65, 77

Free Sc 10018, return from Kershaw District . . . . . . . . . . . . . . . . . . . . . .67, 80

‘ withdrawn . . . . . . . . . . . . . .. 80

G. .

Garlington, A. C., communication from . . . . . . . . . . . .22, 39, 40, 47, 54, 57

resolution in relation to his seat as a member . . . . . . 48

Governor, Provisional, Committee to wait on . . . . . . . . . '. . . . . . . . . . . . .6, 10

Message of, No. 1 . . . . . . . . . . . . . . . . . . . . .12, 28, 40

No. 2 . . . . . . . . . . . . . . . . . . . . . . . . . .. 24

No. 3 . . . . . . . . . . . . . . . . . . . . . . . .33, 34

. No. 4 . . . . . . . . . . . . . . . . . . . . . . . . .68, 70

- No. 5 ...................... . .88, so

Gray, C. .M., elected Door-keeper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- 8

. -H.

Hayes, Dr. E. S. J., account of .‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .73, 84

Hill, General D. H., invited to a seat on the floor of the House . . . . . . . 81

_ J. '

Journal of the House, resolution as to . . . . . . . . . . . . . . . _ . . . . . . . .75, 82, 84

Juries, resolution as to drawing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

' K.

Kershaw District, resolution as to Jail of . . . . . . . . . . . . . . . . . . . . . . . . . . 72

Kruse, John G. (1., petition cH for divorce . . . . . . . . . . . . . . . . . . . . . . .55, 72

L.

Lafliitte, John H., Jr., petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

Lancaster District, petition of Commissioners of Public Buildings of . . 32

town, resolution as to renewing charter of . . . . . . . . .' . . . . . . . . 67

I

INDEX TO THE HOUSE JOURNAL. xi

PAGE

Lancaster Ledger, accounts of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Lands, resolution relating to, in certain Parishes . . . . . . . . . . . . . . . . . . . . . 66

Law of evidence, resolution as to altering . .. . . . . . . . . . . . . . . . . . . . . . . . . . 44

Lien, resolution relating to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

of pleading, resolution relative to . . . . . . . . . . . . . . . . . . . . . . V .' . . . . . . 56

Road, resolution as to altering . . . . . . . . . . . . . . . . . . . . . . . . . . .60, 61, 63

Librarian, Legislative, resolution instructing . . . . . . . . . . . . . . . . . . . . . . . . 44

Library, Legislative, resolution relative to . . . . . . . . . . . . . . . . .52, 57, 62, 79

M.

Members, sworn and took their seats . . . . . . . . . . . .3, 10, 24, 31, 35, 43, 59

alphabetical list of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25, 62

leave granted to record votes. . . 3. . . . . . . . . . _ . . . . . . . . . . . . . . 90

resolution relative to per diem of . . . . . . . . . . . . . . . . . . .81, 86, 97

Messenger elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

duly prescribed . . . . . . . . . . . . . . . . . . . . . . . ._ . . . . . . . . . . . . . . 28

McCall, P., petition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

Militia, resolutions as to organization. . . . . . . . . . .32, 55, 56, 63, 77, 79, 93

Mordecai Brothers, petition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87

N.

New State House, report of Architect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59

resolution as to covering, &c. . . . . . . . . . . . . . . . . . . . . . 55

_ 0.

Odd Fellows, Schille_r_Lod_ge_, No. 30, petition of. . . . . . . . . . . . . . . .59, 65

Oflicers of House, resolution as to salaries of . . . . . . . . . . . . . . .82, S4, 95, 97

P. I

Perry, B. F., elected United States Senator . . . . . . . . . . . . . . . . . . . . . . . . 41

Petigru‘s Code, resolution relating to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Posey, B. F., petition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..3l, 61

Prayer, resolution to open proceedings with . . . . . . . . . . . . . . . . . . . . . . . . 11

Press, resolution relating to reporters of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

R.

Railroad, South Carolina,_ resolution relative to.? . . . . . ..34, 54, 59, 62, 67

Rawls, B. and T. J.,5)6tll3lOI1 of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Reading Clerk electe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Recess of House, resolutions relative to. . . . . . . . . . . . . . . . . . . . . . . . . .85, 87

Records of various oflices, resolution as to condition of . . . . . . . . . . . . . . 38

resolution as to return of. . . . . . . . . . . . . . . . . .40, _61, 65, 77, 94, 97

Roads, public, resolution as to working . . . . . . . . . . . . ' . . . . . . . . . .45, 61, 63

Road Law, resolution as to altering . . . . . . . . . . . . . . . . . . . . . . . . . . .60, 61, 63

Rules for government of House, adopted . . . . . . . . . . . . . . . . . . . . . . . . . 7

Rules of the House, resolution to print . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Rule, sixtieth, resolution to suspend. . . . . . . . . . . . . . . , . . , . . . . . . . . . .45, 51

xii INDEX TO THE HOUSE JOURNAE.

" PAGE

Resolutions introduced in the House of Representatives :

By Mr.

By Mr.

Keitt, appointing Committee to wait on Provisional Gov

ernor. . . . . . . . . . . . . _. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

Warley, entreating the President of the United States to

remove colored troops . . . . . . . . . . . . . . . . . . . . .6, 22, 46, 57

Mullins, adopting rules for House. . . . . . . . . . . . . . . . . . . . . . ‘. 7

W. E. Mikell, inviting reporters of Press to seats on floor. 7

Haskell, relative to place of meeting for General Assembly,

30, 33,

'1‘. P. Mikell, to open proceedings with prayer . . . . . . . . . . .

Simonton, to elect Members to Congress of United States.

30, 43, 45

to print rules of House . . . . . . . . . . . . . . . . . . . . . . . 12

Warley, to elect United States Senators . . . . . . . . . . . .12, 28, 32

Easley, referring Provisional Governor's Message, No. 1, 21, 25

Haskell, to print alphabetical list of Members . . . . . . . . . . . . 25

Ryan, for the relief of a certain class of citizens . . . . . . . . . . 26

Youmans, relative to the time of meeting of Managers of

Elections for Beaufort District . . . . . . . . . . . L . . . . . . . . . . 27

Youmans, relative to enforcing the duties of Managers of

Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Hanckel, requiring Messenger to perform Post Oflice du

ties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Coker, to print Provisional Governor’s Message, No. 1. . . . 28

Mullins, relative to cotton seized by United States oflicers

and others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Easley, to print Provisional Governor's Message, No. 1. . . 28

Bachman, relative to encouragement of European immigra

tion . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

Mullins, as to mode of conducting elections made by joint

ballot of both Houses . . . . . . . . . . . . . . . . . . . .29, 30, 32, 47

J. S. Richardson, Jr., appointing Managers of Elections for

Sumter District . . . . . , . . . . . . . . . . . . . . . . . . - . . . . . . . .29, 45

J. S. Richardson, Jr.; to elect Chief Justice . . . . . . . . . . . .29, 39

Dawkins, appointing Managers of Elections for Union Dis

trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29, 45

Cannon, as to issuing Treasury notes or bills receivable . 29, 81

Gilbert, as to organizing and equipping the Militia . . . . . . . 32

Walsh, as to the oflices of Tax-Collectors in the Parishes. . 32

45, 46

Wagener, as to the notice required on application for char

ters, &c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32, 5'7, 62

Youmans, to elect United States Senators . . . . . . . . . . . . . . . . 33

Easley, referring Message No. 3, Provisional Governor. . . . 34

Warley, to elect Chief Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

DePass, relative to removal of rails from Camden Branch

of South Carolina Railroad; . . . . . . . . . . . . . .34, 54, 59, 62

Milligain, as to exempting certain property from levy and

‘ 37

11

39

11

11

S3» 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . ; . . .

Milligan, to ‘adjourn General Assembly to meet in Charles

ton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..; . . . . ..37, 46, 57

Simonton, to refer Petigru’s Code of Statute Law of State

toaneditor. . . . . . . . . . . . . . . . . . . . . . . ..3'Z

I

INDEX TO THE HOUSE JOURNAL. xiii

' PAResolutions introduced in the House of Representatives : G!

By Mr. Bonham, to draw for seats by Members . . . . . . . . . . . . . . .37, 46

Leitner, relative to arms in possession of free negroes. . . .. 38

65, 77

Graham, as to drawing Juries for Courts of Law. . . . . . . . . . 38

J. S. Richardson, Jr., as to records of certain public ofli- .

ces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38

J. S. Richardson, Jr. , as to abolishing ofiice of Comptroller

General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38

Butler, to issue pay-bill to A. C. Garlington . . . . . . . . . . .39, 40

DePass, as to free negroes keeping shops, &c. . . . . . .39, 65, 77

Lucas, relative to return of records to Charleston . . . . . . . . 40

Browning, as -to owners of lands allowing former slaves to

plant them . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..43, 65, 77

Simonton, permitting General Assembly to use College

Library. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..43, 52, 72

Siegling, relative to election of President and Vioe-Presi

dent of the United States by the people. . . . . . . . . . . . . . 44

Lord, as to altering the Law of Evidence . . . . . . . . . . . . . . . 44

Mulvaney, in relation to the Lien Law. . . . . . . . . . . . . . . .44, 73

Shaw, instructing Legislative Librarian . . . . . . . . . . . . . . . . . . 44

Moore, relative to Law of Evidence in certain cases . . . . . . 44

Hayes, as to exempting property of certain persons from

taxation. . . . . . . . . . . . . . .; . . . . . . . . . . . . . . . . . . . . . . . . . .. 44

Pressley, as to changing the law in regard to working pub

lic roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45, 6l, 63

Keitt, as to amending the Code . . . . . . . . . . . . . . . . . . . . . . . . . 45

Simonton, relative to payment of public ofiicers a part of

their salaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46

DePa.ss, as to eligibility of A. C. Garlington to his seat. . . 48

Wagoner, relative to the business of the special session, &c. 50

Warley, to print additional copies of the Code . . . . . . . . . . . 50

Leitner, to printActs, &c., of last General Assembly, 50, 66, 79

Mullins, relative to the oflices of the Treasury . . . . . . . . . . . . 51

Butler, as to the distribution of copies of the Code. . . . . . . 51

Shaw, to transfer certain documents to the Legislative Li

brary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..52, 57, 62, 79

Cannon, to relieve Tax-Collectors -from their bonds. 54

62, 63, 79

Keitt, as to organizing the Militia. . . . . . . . . . . . . . . . .55, 63, 79

Bonham, as to covering the new State House, &c . . . . . . . . . 55

DePass, as to re-organization of the Militia . . . . . . . . . . . . . . 56

W. E. Mikell, relative to the law of pleading . . . . . . . . . . . .. 56

Keitt, to inform Chief Justice of his election . . . . . . . . . . . . 56

Barker, as to reducing salary of Adjutant and Inspector

General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56

J. S. Richardson, Jr., as to the employment of free ne

groes. . . . . . . . .: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..58, 61

Garlington, to create o. Committee on Retrenchments. .59, 66

J. S. Richardson, Jr., as to altering the Road Law. .60, 61, 63

Barker, in reference to Federal Relations and status of the

State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60, 68, 61, 74

Simonton, to restore public roads to the Districts. .61, 65, 77

xiv - INDEX TO THE HOUSE JOURNAL.

i . non


By Mr. J. R. Aiken, requiring Comptroller-General to report on

monied bonds, &c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Sheridan, to correct printed list of Members . . . . . . . . . . . . . 62

Milligan, to establish night schools in Charleston . . . . . .63, 80

Butler, as to organization of white persons on seaboard. . . 64

Tew, to send copies of the Code to Governor’s of other

States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..64, 80

Duryea, as to the election of Clerk of the Court of Charles

ton . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . ..64, 75

Clyburne, as to exempting certain lands, &c., from taxa

tion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65, 80

Hutson, as to the per cent. incurred by owners of certain

lands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 66

Landrum, as to the tax levied on lands by United States

Government. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66

W. E. Mikell, as to the liabilities and circulation of the

Banks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..66, 73

Moore, as to renewing charter of the town of Lancaster. . . 67

Black, relative to the South Carolina Railroad meeting cer

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67tain liabilities

Campbell, ordering certain documents to be printed with

the proceedings of the Convention . . . . . . . . . . . . . . . . . . 67

Easley, referring Message No. 4, Provisional Governor. . . . 70

Price, as to abolishing oflice oi State Auditor. . . ._ . . . . . . . . . 72

Leitner, relative to the Jail in Kershaw District . . . . . . . . . . 72

Martin, relative to the election of oflicers in Beaufort Dis

trict . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 72

Trescot, relative to the keeping of the Journal. . . . .75, 82, 84

Bonham, relative to recess and adjournment of General

Assembly. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76, 79

Gilbert, to print report of Military Commission . . . . . . . . . . 77

Simonton, to continue business of special session . . . . . . . . . 81

Butler, inviting General D. H. Hill to a seat on the fioor of

the House. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 81

Simonton. relative to pay of members during recess...8l, 86, 97

Price, instructing Julian A. Selby"s account to be audited. 84

Butler, relative to salaries of otficers of the House . . . . . . . . 84

Simonton, to compensate Rev. C. Bruce Walker, Librarian,

of College . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .84, 97

Mullins, relative to ratifying amendment to Constitution of

United States abolishing slavery, &c . . . . . . . . . . . . . .85, 89

Mullins, to rescind joint resolution as to recess, &c. . . . . . . . 85

Price, to print extra copies of the Comptroller-General’s re

port . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 86

Scott, to pay State House Keeper . . . . . . . . . . . . . . . . .87, 96, 97

Youmans, to rescind order for recess . . . . . . . . . . . . . . . . . . . . 87

Butler, limiting debate for special session . . . . . . . . . . . . . . . . 89

Barker, relative to military organization of the State . . . . . . 93

Black, relative to undrawn balances of former appropria

tions, and reducing salaries, &c . . . . . . . . . . . . . . . . . . . 93

Keitt, relative to taxing monies collected in this State. . . . . 93

. INDEX TO THE HOUSE JOURNAL. xv

PAGE


By Mr. J. R. Aiken, relative to payment for transportation of pub

lic records from Chester . . . . . . . . . . . . . . . . . . . . . . . . .94, 97

Mullins, requesting the military to vacate the old College

Chapel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 94

Gilbert, commissioning W. H. Trescot, Agent at Washing

ton, to attend to certain matters . . . . . . . . . . . . . . . . . .94, 97

Resolutions sent from the Senate to the House of Representatives :

As to the election of Members to Congress of United States. . . .34, 39

In relation to the Camden Branch of the South Carolina Railroad, 35

In relation to Public School Buildings in Charleston. . . . . . .43, 52, 57

In relation to the continuance of the session . . . . . . . . . . . . . . . . .55, 62

For the sale of the State Works at Greenville. . . . . . .62, 68, 75, 87, 96

Relative to the business of the special session. . . . . . . . . . . . . . .65, 84

In relation to repairing Saluda Turnpike Road . . . . . . . . . .72, 81, 83

Appointing proxies for Charleston and Savannah Railroad. . . ..79, 84

In relation to the expenses of the special session . . . . . . . . . . .79, 86, 95

As to continuing the business of special session . . . . . .- . . . . . . . . . . .-‘ 85

In relation to Constitutional amendment in reference to slavery,

&c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95

In relation to slaves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96

Reports sent from the Senate to the House of Representatives.

Reports of Special Committees :

In relation to the building to be used by the General Assembly. 34

In relation to changing the place of sitting of the Senate. . . . . . . 46

On mode of voting by General Assembli . . . . . . . . . . . . . . . . . . . . . .' 49

In relation to lands in St. Helena Paris . . . . . . . . . . . . . . . . . . . . . . 71

Report of Committee on the College, Education and Legislative Li

brary, on resolution as to removal of troops from the Col

lege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .79, SO

Reports of the Committee on the Judiciaiy : »

On ltgessage of Provisional Governor relative to persons of color,

*c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 80

On resolution as to effect of new Constitution on the oflices of

the Treasury . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 86

Report of the Committee on Federal Relations on resolution in re

gard to colored troops in the lo_wer section of the State. . . . . 86

' S.

Salaries, resolution as to payment of, to public oflicers . . . . . . . . . . . . . 46

Seats of members, resolution as to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37, 46

Seaboard Districts, resolution as to protection of . . . . . . . . . . . . . . . . . . . . 64

Selby, Julian A., proposals for printing . . . . . . . . . . . . . . . . . . . . . .35, 61, 79

accounts to be audited . . . . . . . . . . . . . . . . . . . . . . . . . . . . -84

communication from. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 57

Senators, United States, resolution to elect . . . . . . . . . . . . . . . . . . . . . . .12, 40

elections of. .40, 41, 42, 46, 47, 48, 50, 51, 52, 53

Session, special, business continued . . . . . . . . . . .- . . . . . . . . . . . . . . . . . . . .. 81

Schools, night, in Charleston, resolution to establish . . . . . . . . . . . . . .63, 80

xvi INDEX TO THE HOUSE JOURNAL.

PAGE

Sloan, John T., elected Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 . . . . . 6

- leave of absence granted to . . . . . . . . . . . . . . . . . . . . . . . . . 60

Clerk of Convention, communication from. . . . .42, 61, 79

Sloan, David B., Assistant Clerk, authorized to sign Cle:-k’s name. . . . . 60

Sowell, J. L., communication from.‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 35

Speaker of House elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

South Carolina Railroad, resolutions in relation to . . . . . .34, 54, 59, 62, 67

State House and Grounds, Keeper of, resolution to pay . . . . . . . .87, 96, 97

St. Helena, petition of citizens of, in relation to their 1ands....62, 64, 68, 80

Sumter District, petition of Commissioners of Public Buildings of. . . . 24

T- -

Taxation, resolutions relative to . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44, 65, 80

Tax-Collectors, resolutions in relation to . . . . . . . .32, 45, 46, 54, 62, 63, 79

Tax, resolution as to United States Government, on land . . . . . . . . . . . . 66

on money collected . . . . . . . . . . . . . . . . . . . . . . . . . . . 93

Teal, Calvin. petition of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

Treasurers of Upper and Lower Divisions, resolution as to . . . . . . . . . . . 51

Trescot, Wm. Henry, resolution as tn Agency at Washington . . . . . .94, 97

. W.

Wagener, John A., and others, petition of . . . . . . . . . . . . . . . . . . . . . . . . . . 2_4

Walker, Rev. C. Bruce, Librarian, resolution to compensate . . . . . . .84, 97

Y.

Young America Fire Engine Company, petition of . . . . . . . . . . . . . . . . . . . 49

I

0‘ Q

/