iV ^o -*^^ W"^^ ^fe^' Treasure i^gom v^^Jf) 1^ -r:i* ' ^^"'^-al*' JOURNAL OF THE CONVENTION OF THE PEOPLE OF SOUTH CAROLINA, Held in 1860, 1861 and 1862, TOGETHER WITH THE URDIKANCES, REPORTS, RESOLUTIONS, ETC. ^ IIUMSHKD ny ORDER OF THE C0NTK.VTIO\. CULUiMBlA, S. C: R W GIBBES, PRINTER TO THE rovvFVTTOv 1862. 7^' A' . ci.51S.757Bk.S 7:^^ TRINITY COLLEGE LIBRARY ^ DURHAM : NORTH CAROLINA % ^ ^'i . FIllST SESSION. MONDAY, DECEMBER 17, 1860. Pursutint to an Act of the General Assembly of the State of South Carolina, entitled " An Act to provide for the calling of a Convention of the People of this State," ratified the loth day of November, 1860, the Delegates from the several Election Districts of this State, assembled in the Baptist Church, in the Town of Columbia, on this day, at twelve o'clock, M. . • • On motion of Mr. James H. Adams, of Richland, Mr. D. F. Jami- son, a Delegate from Barnwell, was called to the chair. On motion of Mr. J. Izard Middleton, of All Saints, it was Resolved, That the President appoint a member of the Convention temporary Secretary. The President, in accordance with this resolution, l-equested Mr. T. Y. Simons, of St. Philip's and St. Michael's, to act as temporary Secretary; and then addressed the Convention as follows : Gentlemen : We have met here under circumstances more solemn than any of us have ever been placed in before. No one, it seems to me, IS duly impressed with the magnitude of the work before him, who does not, at the same time, feel that he is about to enter upon the gravest and most solemn act which has fallen to the lot of this genera- tion to accomplish. It is no less than our fixed deternjination to throw off a Gtovernment to which we have been accustomed, and to provide new safeguards for our future security. If anything has been decided by the elections which sent us here, it is, that Soutli Carolina must dis- solve her connection with the Confederacy as speedily as possible. In the progress of this movement we have two great dangers to fear — overtures from without, and precipitation within. I trust that the door is now forever closed to all further connection with our Northern 33 no^ 4 JOURNAL OF THE CONVENTION, confederates; for what guarantees can they offer us, more strictly guarded, or under higher sanctions, than the present written compact between us? And did that sacred instrument protect us from the jealousy and aggressions of the North, commenced forty years ago, which resulted in the Missouri Compromise? Did the Constitution protect us from the cupidity of the Northern people, who, for thirty-five years, have imposed the burden of support- ing the General Government chiefly on the industry of the South? Did it save us from Abolition petitions, designed to annoy and insult us, in the very halls of our Federal Congress? Did it enable us to obtain a single foot of the soil acquired in the war with Mexico, where the South furnished three-fourths of the money, two-thirds of the men, and four-fifths of the graves ? Did it oppose any obstacle to the erec- tion of California into* a free-soil State, without any previous territorial existence, without any defined boundaries, or any census of her popula- tion ? Did it throw any protection around the Southern settlers of Kansas, when the soil of that territory was invaded by the emissaries of Emigrant Aid Societies, in a crusade preached from Northern pulpits, when churchmen and women contributed Sharp's rifles and Colt's revolvers, to swell the butchery of Southern men ? And has not that Constitution been trodden under foot by almost every Northern State, in their Ordinances nullifying all laws made for the recovery of fugitive slaves, by which untold millions of property have been lost to the South ? Let us be no longer duped by paper securities. Written Constitu- tions are worthless, unless they are written, at the same time, in the hearts, and founded on the interests of a people; and as there is no common bond of sympathy or interest between the North and the South, all efforts to preserve this Union will not only be fruitless, but fatal to the less numerous section. The other danger to which 1 re- ferred, may arise from too great impatience on the part of our people to precipitate the issue, in not waiting until they can stfike with the authority of law. At the moment of inaugurating a great movement like the present, I trust that we will go forward, and not be diverted from our purpose by influences from without. In the outset of this movement I can offer you no better motto than Danton's, at the commencement of the French Revolution : " To dare I and again to dare ! and without end to dare!" MONDAY, DECEMBER 17, 1860. 5 Mr. J. H. Adams, of Richland, offered the following resolutions : Resolved, That the proceedings of this meeting be opened with prayer, and that the Bfev. Mr. Breaker be invited to officiate this ni9rning. • ' Resolved, That each successive day of our Convention be opened with prayer, and that the President of the Convention be requested to invite some clergyman to perform that duty. The question being taken, the resolutions were agreed to, and the proceedings were opened with prayer accordingly. The President laid before the Convention the following communica- tion : House of Representatives, December 17, 1860. To the Honorable the President of the Convention . of the People of South Carolina: Sir: In accordance with a resolution adopted by the House this day, I have the honor of extending to you and the members of the Conven- tion, an invitation to attend the inauguration of the Governor elect, to take place this day in the Hall of the House of Representatives. With profound respect, I have the honor to be. Respectfully yours, JAMES FARROW, Chairman Committee of Arrangements. On motion of Mr. James L. Orr, of Anderson, it was Rrsohed, That the communication be laid on the table until the organization of the Convention is completed. The credentials of the following individuals were then exhibited, and their names enrolled as members of the Convention : Abbeville— Thos. Chiles Perrin, Edw. Noble, J. H. Wilson, Thos. Thomson, David Louis Wardlaw, Juo. Alfred Calhoun. All Saints — John Izard Middleton, Benjamin E. Sessions. Anderson — J. N. Whitner, James L. Orr, J. P. Reed, R. F. Simp- son, Benjamin Franklin Mauldin.- Barnmell — Lewis Malone Ayer, Jr., W. Peronncau Finley, J. J. Brabham, Benj. W. Lawton, D. F. Jamison. 6 JOURNAL OF THE CONVENTION, Chester — John McKec, Thomas "W. Moore, Richard Woods, A. Q. DuDovaDt. Chesterfield — John A. Inglis, Henry Mclver, Stephen Jackson. Christ Church — "W. Pinckney Shingler, Peter P. Bonneau^f Clarendon — John P. Richardson, J.ohn J. Ingram. Darlington — Edgar W. Charles, Julius A. Dargan, Isaac D. Wilson, John M. Timmons. Edtjrfidd — Francis Hugh Wardlaw, R. G. M. Dunovant, James Parsons Carroll, Wni. Gregg, Andrew J. Hammond, James Tompkins, James C. Smyly. Fairfield — John Hugh jMeans, William Strother Lyles, Henry Campbell Davis, Jno. Buchanan. Greenville — James C. Furman, P. E. Duncan, W. K. Easley," James Harrison, W. II. Campbell. Hor^-y—'lhos. W. Boaty, Wm. J. Ellis. Kershaw — T. J, Withers, James Chesnut, Jr. Lancaster — R. L. Crawford, W. C Cauthen, D. P. Robinson. Laurens — H. C. Young, H. W. Garlington, John D. Williams, W. D. Watts, Thos. Wier. Lexington — H. I. Caughman, John C. Geiger, Paul Quattlebaum. Marion — W. B. Roweil, Chesley D. Evans, Wm. W. Harllee, A. W. Bethea. Marlboro' — E. W. Goodwin, William D. Johnson, Alex. McLeod. Newberry — John P. Kinard, Robert Moorman, Joseph Caldwell, Simeon Fair. Orange — Thomas Worth Glover, Lawrence M. Keitt, Donald Rowe Barton. Pickens — Wm. Hunter, Andrew F. Lewis, Robt. A. Thompson, William S. Grisham, John Maxwell. Frince William's — Jno. E. Frampton, W. Ferguson Hutson. Richland — W. F. DeSaussure, William Hopkins, James H. Adams, Maxcy Gregg, John H. Kinsler. Si. Andrew's — Ephraim M. Clark, Alex. H. Brown. Sl Bartholomew' s — E. St. P. Bellinger, Merrick E. Carn, E. R. Henderson, Peter Stokes. St. George's, Dorchester — Daniel Tlud, David C. Appleby- St. Helena — R. W. Barnwell, Jos. Daniel Pope. St. James' , Goose Creek — John M. Shingler, C. P. Brown. St. James' , Santee — Daniel DuPrc, A. Mazyck. • St. John's, Berh-dey — William Cain, P. G. Snowden. MONDAY, DECEMBER 17, 1860. 7 St. John's, Colleton— Geo. W. Seabrook, Sr., John Jenkins. St. LuJce's—K. J. Davant, E. M. Seabrook. St. MattJiew's — John J. AVannamaker. ■ ^i!. Paul's — Elias B. Scott, Joseph E. Jenkins. St. Petei-'s — Laugdon Chevcs, George Rhodes. St. Philip's and St. MichacVs—X. Qc. Magrath, Wm. ■ Porcher Miles, John Townsend; Robert N. GouHin, H. W. Conner, Theodore D. Wagner, R. Barnwell Rhett, C G. Memininger, Gabriel Manigault, John Julius Pringle Smith, Isaac W. Hajne, Jno. H. Honour, Rich'd DeTreville, Thos. M. Hanckel, A. W. Burnet, Thas. Y. Simons, L. W. Spratt, Williams Middleton, F. D. Richardson, B. H. Rutledge, Edward McCrady, Francis J. Porcher. St. Stephen's— 1. L. Gcurdin, John S. Palmer. St. Thomas' and St. Z>e»nts'— John L. Nowell, John S. O'Hear. Spartanhtirg-Sohn G. Landrum, B. B. Foster, Benjamin F. Kil- gore,-J. H. Carlisle, Simpson Bobo, Wm. Curtis. Sumter— B.. D. Green, Matthew P. Mayes, Thomas Reese^English, Sr., Albertus Chambers Spain. Union— 3. M. Gadbcrry, J. S. Sims, Wm. H. Gist, James JefFeries. Williamshurg—A.\ii\-iony W. Dozier, John G. Pressley, R. C. Logan. -Winyaic — Francis S. Parker, Benjamin Faneuil Dunkin, Samuel Taylor Atkinson, Alex. M. Forster. yor/i— William Blackburn Wilson, Robert T. Allison, Samuel Rainey, A. Baxter Springs, A. I. Barron. On motion of Mr. Quattlebaum, of Lexington, the Convention pro- ceeded to ballot for permanent President, with the following result: • FIRST BALLOT. Whole number of votes east l*^! Necessary to a choice *^ Mr. W. H. Gist .'. received 27 votes. J. L. Orr " 22 " J. Chesnut, Jr '< 22 " R. W. Barnwell " 1* " D. F. Jamison '* 1^ D. L. Wardlaw " 15 " J. P. Carroll " 6 " . J. C. Furman " ^» " R.B. Rhett " 5 " JOURNAL OF THE CONVENTION, Mr. B. F. Dunkin received 4 votes. J. H. Adams " 3 " J. A. Inglis.. " 3 « J. r. Piichardson " " J). J. Jamison -•- -W. F. DeSaussure " 1 " ' J. H^Means.' :/... -'- *' 1^ " Blank 1 " SECOND BALLOT. • Whole number of votes cast 152 Necessary to a choice 77 Mr. W. H. Gist received 38 votes. J.L. Orr " 31 " D.F.Jamison " 27 " J. Chesnut, Jr '' 27." D. L. Wardlaw " 13 " *R. W. Barnwell " . 12 " J. P. Carroll " I " B. F. Dunkin " 1 " D.J.Jamison " 1 " J.P.Richardson "■ 1 " THIRD BALLOT. Whole number of votescast 150 Necessary to a choice 76 Mr. D. F. Jamison received 64 votes. J. L. Orr. " 32 " W. H. Gist " 28 " J. Chesnut, Jr " 17 " R. W. Barnwell " 6 " D. L. Wardlaw " 2 " D.J.Jamison " 1 '' FOURTH BALLOT. .Whole number of votes cast 151 Necessary to a choice 76 Mr. D. F. Jamison received 118 votes. J. L. Orr " 30 '' J. Cbesaut, Jr " 3 " ' MONDxVY, DECEMBER 17, iSCO. " '9 « Mr. J. Izard Middleton, of All Saints, was called temporarily to the chair, and announced that Mr. D. F. Jamison, having received a majority of the votes cast, was duly elected permanent President of tlie Convention. Ou motion of Mr. Burnet, of St. Philip's and St. Michael's, it was Resolved, That a Committee of three be appointed to conduct the President elect to the chair. The following gentlemen were appointed : Messrs. A. W. Burnet, Thomas Thomson and W. Porchor Miles. The President elect, ou taking the chair, addressed the Couvcntion as follows : Gentlemen of the Convention: When I say that I have no words to express the gratification which your confidence has afforded me, I only say precisely what I mean. There is no honor I esteem more highly than to sign the Ordinance of Secession, as a member of this body ; but I will regard it as the greatest honor of my life to sign it as your presiding officer. We have entered on a great work, and God, who holds in His hands the destinies of nations, only knows what may be the result. That it may lead to the honor and glory of South Carojina is my most fervent prayer. May God aid our State ! I am too little accustomed to the duties of presid- ing over a body like this, not to feel my want of qualification for the position you have assigned me ; and I have been so long withdrawn from deliberative bodies, that I must ask your indulgence for the errors 1 may commit. I stated in commencing that I was so overcome by your confidence that I had nothing to say. All I can do would be to express but imperfectly the emotions that agitate my bosom. On motion of Mr. Quattlebaum, of Lexington, it was Resolved, That the rules adopted by the Convention of South Caro- lina in April, 1852, be adopted by this Convention for the government of the same. On motion of Mr. Lyles, of Fairfield, it was' Resolved, That the President of the Conv,eution be authorized to ap- point a Clerk, a Messenger, and a Door Keeper for the Convention. 10* JOURNAL OF THE CONVENTION, On motion of Mr. Adams, of Richland, it was Resolved, That the Hon. John* A. Elnioro, Commissioner to this Convention from the State of Alabama, and the lion. Charles E. Hooter, Commissioner from the State of Mississippi, be invited to take seats on the floor of the Convention. Reaolccd, That a Committee of three be appointed by the Chair to wait on the Hon. Messrs. Elmore and Hooker, and invite them to ad- dress the Convention, in the Hall, this evening, at seven o'clock. The Chair appointed Messrs. J. H. Adams, I. W. Hayne and A. W. Burnet, said Committee. On motion of Mr. Keitt, of Orange, it was Resolved, That a Committee of three be appointed to wait on the Hon. Howell Cobb, of Georgia, and invite him to a seat on the floor of the Convention, The Chair appointed Messrs. L. M. Koitt, J. L. Orr and W. P. Miles, said Committee. 'Mr. Inglis, of Chesterfield, offering the following resolutions : Resolved, That when this Convention adjourns, it stand adjourned to meet in the City of Charleston, on Tuesday, the 18th inst., at four o'clock. Resolved, That the Delegates from St. Philip's and St. Michael's be requested to procure a suitable building for the said meeting, and be requested to report to the President of this Convention as to the same. Mr. Mazyck, of St. James', Santee, moved to lay the reeolutions on Uie.t^ble^. ._Ayes 68, nays 87. Mr. DeSaussure, of Richland, mOved to amend the resolutions by striking out "Tuesday, the 18th," and inserting "Wednesday, the 19th." On motion of Mr. Smith, of St. Philip's and St. Michael's, the amendment was laid on the la,bje. The original resolutions were then agreed to. * On motion of Mr. Wannansaker, of St. Matthew's, it was ordered that « Whereas, At the election held in St. Matthew's Parish, for Dele- gates to the Convention, to convene on this day, buk one candidate re- MONDAY, DECEMBER 17, 18G0. 11 ceived a majority of ..votes cast. The next two receiving tlie same numbers, there was, consequently, but one elected. The Parish being entitled to t^^o, is but in part represented ; therefore, Resolved, That the President of the Conveution do issue a writ of electioB, to be held on IMouday, the 24th instant, in all respects as the former, to fill said vacancy. On motion of Mr. Maxcy Gregg, of Piichland, the Cpnvention took a recess until seven o'clock, P. M. THOxMAS Y. SIMONS, Temporary Secretari/. RECESS. The President resumed the chair. • The President announced the following gentlemen as officers of the Convention, viz: B. F. Arthur, Clerk; C. 0. LaMotte, Messenger; and Samuel J. Nettles, Doorkeeper. Mr. Adams, from the Committee . appointed to wait upon the Com- missioners from the State of Alabama, and from the State of Mississippi, introduced to the Convention, Hon. John A. Elmore, Commissioner from the State of Alabama, and lion. Charles" E. Hooker, Commissioner from the State of Mississippi, who respectively addressed the Conven- tion. Mr. J, B. Kershaw, Delegate from Kershaw, appeared at the Clerk's desk, produced his credentials, signed the roll, and took his seat. Mr. Inglis offered the following resolutions : Resolved, That it is the opinion of this Convention that the State of South Carolina should forthwii-h secede from the Federal Union, known as the United States of America. Resolved, That a Committee of members be appoiuted to drafts an Ordinance, proper to be adopted b}' this Convention, in order to ac- complish this purpose of secession ; and that individual members desir- ing to submit for the consideration of the Convention, any draft or scheme of such Ordinance, be requested to hand the same, without de- lay, to the said Committee. Resolved, That the Act of the General Assembly of this State, pro- viding for the assembling of this Convention, be referred to the same Committee, witlt instructions to consider and report thereon. 12 JOURNAL OF THE CONVENTION, The qacslion boinp put, will the ConTention agree to the first reso- lution ? it passed in the affirmative : Yeas, 159 ; nays, none. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are jMessrs. Adanisj Allison, Appleby, Atkinson, Barnwell, Barrou, Barton, Beaty, Bellinger, Bethcu, Bobo, Bonneau, Brabham, Brown, A. Brown, C. Buchanan, Burnet, Cain, Caldwell, Calhoun, Campbell, Carlisle, Carroll, Caughuiau, • Cauthen, Charles, Chesnut, >Cheves, Clarke, Conner, Crawford, Curtis, Dargau, Hon. D. F. Jamison, President; and Messrs. Davant, Davis, DeSaussure, DeTreville, Dozier, Duncan, Duukin, , Dunovant, A. Q. Dunovant, 11. G. M. DuPre, Easley, Ellis, • English, II. Evans, P. Fair, Finley, Flud, Forstcr, Foster, Frampton, Furman, Gadbcrry, Garlington, Geiger, Gist, . Glover, Goodwin, Gourdin, R.. N. Gourdin, T. L. Gregg, Maxcy Gregg, "William Grisham, llauimond, MONDAY, DECEMBER 17, 1800. 13 Messrs. ITarllee, Messrs. Moorman, Harrison, Noble, Hayne, Newell, Henderson, O'Hear, Honour, Orr, Plopkiiis, T*almer, Hunter, Parker, Hutson, l^errin, Inglis, Pope, Ingram, Porch er. Jacksou, I^ressley, Jefferies, Quattlebaum, Jenkins, John Rainey, Jenkins, J. E. Reed, Johnson, Rhett, Keitt, - , Rhodes, Kershaw, Richardson, F. D. Kilgore, Richardson, J. P. Kinard, Rowell, Kiusler, Scott, Landrum, fiaabrook, E. M. Lawton, Seabrook, G. W., Sr. Lewis, Session?, Logan, Shiugler, J. M. Lyles, , Sliingler, W. P. McCrady, Simons, Mclver, Simpson, McKee, Sims, McLeod, Smith, Magrath, Smyly, Manigault, Snowdcn, Mauldin, Spain, Maxwell, Spratt, Mayes, Springs, Mazyck, Stokes, Means, Thompson, R. A. Middleton, John Izard Thomson, Thomas Middleton, Williams Timmons, Miles, Tompkins, * Moore, Townsend. 14 JOURNAL OF THE CONVENTION, Messrs. Wagner, Messrs. Williams, Wannaniaker, Wilson, I. D. Wardlaw, D. L. Wilson, J. IT. Wardlaw, F. 11. Wilson, W. B. Whitncr, Withers, Wier, Woods. The Ct nvention proceeded to the consideration of the second resolu- tion. Mr. Khett luoved to amend the second resolution by adding the words, " all the mutters appertaining to the business of the Convention." On ui'ction of Mr. Ilutson, the aniendiiicnt was ordered to lie on the table. On motion of Mr. D. L. Wardlaw, the blank was filled with the number seven ; and the resolution was :: greed to. 3Ir. Inglif< withdrew the third resolution. On motion of Mr. Orr, the Hon. Henry Dickinson, Commissioner from the State of Mississippi to the State of Delaware, was invited to a seat on the floor of the Convention. On motion of Mr. Manigault, it was . Resolved, That it is tliff earnest desire of this Convention that the Commissioners from the States of Alabama and Mississippi accompany the Convention to Charleston. On motion of Mr, Pope, it was Resoheil, That the thanks of this Convention be returned to the Baptist Congregation, of Columbia, for the use of their building. On motion of Mr. Keitt, it was Resolved, That a message be sent to the Committee of Arrangements of the Legislature, returning the thanks of the Convention for their invitation to attend the inauguration of the Governor, and 'explaining why this Convention could not attend. The President presented the credentials of Hon. John A. Elmore, Commissioner from the State of Alabama, and tlic credentials of Hon. Charles E. Hooker, Commissioner from the State of Mississippi, which were ordered to be Hied, and entered on the journal. On motion, the Convention was adjourned at ten o'clock, P. M. B. F. ARTHUR, , Clerk of the Convention. MOl^DAY,. DECEMBER 17, 1860. 15 STATE OF MISSISSIPPI. John J. Pettus, Governor of the State of Muxissippi, To Bis BxceUeiin/, the Governor of the State of South Carolina, Greeting : Be it Known^ That, leposiiDg special trust and confidence in the ability, integrity and fitness of Hon. C. E. Hooker, I have, in compli- ance with a resolution passed by the Legislature of this State, on the oOth day of November, A. D. 1860, appointed, and by these presents do appoint him a Coniniissioner from Mississippi, to proceed to the Capital of South Carolina, to inform the people of that Commonwealth, through their Executive, that the Legislature of this State has passed an Act calling a Convention of the People of the State, to consider the present threatening relations of the Northern and Southern sections of the United States — aggravated by the recent election of a President upon principles of hostility to the States of the South, and to express the earnest hope of Mississippi that South Carolina will cooperate with her in the adoption of efficient measures for the common defence and safety of the South. • • Given under my hand, and the Great Seal of the State hereunto af- fixed, at the City of Jackson, this 5th day of December, A. D. 1860. By the Governor, [L. s.] JOHN J. PETTUS. C. A. Brougiier, Secretanj of State. MONDAY, DECEMBER 17, 1860. 17 STATE OF ALABAMA. Executive Department, Montgomery, Ala., Dec. 8, 1860. Whereas," the election of Abraham Lincoln, a Black Republican, to the Presidency of the United States, by a purely sectional vote, and by a party whose leading and publicly avowed object is the destruction of the institution of Slavery, as it exists in the slaveholding States : And whereas, the success of said party, and the power which it now has, and soon will acquire, greatly endanger the peace, interests, security and honor of the slaveholding States, and make it necessary that prompt and efficient measures should be adopted to avoid the evils which must result from a Republican administration of the Federal Government 5 and, as the interests and destiny of the slaveholding States are the same, they must naturally sympathize with each other j they, therefgre, so far as it may be practicable, should consult and advise together as to what is best to be done to protect their mutual interests and honor : Now, therefore, in consideration of the premises, I, Andrew B. Moore, Governor of the State of Alabama, by virtue of the general powers in me vested, do hereby constil4ite and appoint Col. John A. Elmore, a citizen of said State, a Commissioner to the sovereign State of South Carolina, to consult and advise with his ExcellencyGovernor "W. H. Gist, and the members of the Convention to be assembled in said State on the 17th day of December, instant, as to what is best to be done to protect the rights, interests and honor of the slaveholding States, and to report the result of such consultation in time to enable ine to communicate the same to the Conirention of the State of Alabama, to be held on Monday, the 7th day of January next. In testimony whereof, I have hereunto set my hand, and caused the Great Seal of the State to be affixed, in the City of Montgomery,' this 8th day of December, A. D. 1860. [L. s] A. B. MOORE. TUESDAY, DECEMBP:R 18, 1S60. 19 TUESDAY, DECEMBER 18, 1S60. Pursuant to adjournment, tlie Convention assembled at Institute Hall, in the t]ity of Charleston, at four o'clock, P. M. The President took the chair, and the proceedings were opened with prayer by Rev. J. C. Furman. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Barron, Barton, Beaty, Bellinger, Bethca, Bobo, Bonneau, Brabham, l^own, A. H. Brown, C. P. Cain, Caldwell, Calhoun, Campbell, Carlisle, Cam, Carroll, Cauthen, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Davant, Davis, DcTrcvillc, Messrs. Dozier, Duncan, Dunkin, Dunovant, A..Q. DuPre, Easley, Ellis, English, Evans, Fair, Finley, Flud, Forster, Foster, Frampton, Furman, Garlington, Geiger, Glover, Gourdin, R. N. Gourdin, T. L. Green, Gregg, William Grisham, Hammond, Harllce, Harrison, Hayne, Honour, Hunter, Uutson, 20 JOURNAL OF THE CONVENTION, Messrs. luglis, Jacksou, Jcflferies, Jenkins, John Johnson, Kershaw, Kilgore, Kinard, . Kinsler, Landruni, Luwton, Lewis, Logan, Lyles, McCrady, Mclver, McKee, Magratli, Mauldin, Maxwell, 31 ayes, Mazyck, 3Ieans, Meiuminger, Middleton, John Izard Middleton, Williams. Moore, Moorman, Nowell, O'Hear, Orr, Palmer, Parker, Perrin, Porcher, Pressley, Quattlebaura, Messrs. Hainey, lieed, Rhett, Rhodes, Richardson, F. D. Robertson, Rowell, Scott, Seabrook, E. M. Sessions, Shingler, W. P. Simons, • Simpson, Sims, Smith, Smyly, Snowden, Spain, Spratt, Springs, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Wagner, W^annamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Williams,' Wilson, J. II. Wilson, W. B. Withers, Woods, You n Of. The journal of yesterday's proceedings was read. Mr. John L Manning, a Delegate from Clarendon, appeared at the TUESDAY, DECEMBER 18, 1860. 21 Clerk's desk, produced his credentials, eorolled his name, and took his seat. Messrs. Cam, Memminger, Young and Watts asked to give the vote they would have given, if present, on a resolution adopted yesterday, declaring it to be the sense of this Convention, that the State of South Carolina°should forthwith secede from the Federal Union; and those gentlemen being called, respectively answered, "aye." On motion of Mr. Rhett, it was Resolved, That a Committee consisting of members be ap- pointed to prepare an address to the people of the Southern States. On motion, the blank was filled with the number seven. Whereupon, the President appointed the following gentlemen, of the Committee : Messrs. R. B. Rhett, John A. Calhoun, W. P. Finley, I. D. Wilson, W. F. DeSaussure, Langdou Cheves, M. E. Carn. On motion of Mr. Orr, it was Resolved, That the Charleston Delegation be Requested to inquire into and report upon the expediency of procuring another Hall for the use of this Convention, and that they publish their decision to-morrow in the newspapers of the city. Mr. Hutson offered the following resolution : Resolved, That the President do appoint four standing Committees for this Convention, each consisting of seven, as follows : 1. A Committee on Relations with the Slaveholding States of North America. 2. A Committee on Foreign Relations. 3. A Committee on Commercial Relations. 4. A Committee on the Constitution of the State On motion of Mr. F. D. Richardson, the resolution was made the 22 JOUENAL OF THE CONVENTION, special order of the day for to-morrow, at one o'clock, P. M., and was ordered to be printed. On moiion of Mr. Quattlebaum, it was Resolvtd, Tl^at a Committee of tliree be appointed to receive propo- sals for printing the proceedings of this Convention, and that they re- port thereon as soon as practicable. Whereupon the President appointed the following gentlemen, of the Committee : Messrs. Paul Quattlebaum, T. Y. Simons, Jr., J. H. Kinsler. Mr. IMagrath offered the following resolution : Resolved, That so much of the Message of the President of the Uni- ted States as relates to what he designates "the property of the.United States in South Carolina," be referred to a Committee of to report of what such property consists, how acquired, and whether the purpose for which it was so acquired can be enjoyed by the United States after the State of South Carolina shall have seceded, consistently with the dignity and safety of the State; and that the said Committee further report the value of the property of the United States not iu' South Carolina; and the value of the share thereof to which South Carolina would be entitled upon an equitable division thereof among the United States. On motion of Mr. Orr, the resolution was made the special order of the day for to-morrow, at one o'clock, P. M., and was ordered to be printed." Mr. DeTreville offered the following resolution : Resolved, That it is expedient that a Couficil, to consist of five citi- zens of the State, to act with the Governor of the State as his coun- sellors and advisers, and to be called a Council of Safety, should be forthwith appointed; and that it be referred to a Committee of this Convention to report thereon, by Ordiuaace or otherwise. On motion of Mr. Orr, the resolution was made the special order of TUESDAY, DECEMBER 18, 1860. 23 the day for to-ruorrow, at one o'clock, P. M., and was ordered to be printed. Mr. J. T. Middleton offered the following resolution : Reaolved, That the President be authorized to appoint ah Assistant Clerk. Mr. Means moved to amend the resolution bv adding: the word.s : ".whenever it shall become necessary." The amendment was accepted by the mover of the resolution, When, on motion of 3Ir. Kecd, the resolution, as amended, was ordered to lie on the table. The President stated that since the adjournment of the Convention at Columbia, he had received a communication from the State of Geor- gia, with a request to present it»t6 the Convention. On motion of Mr. Withers, it was ordered that the communicatioa be laid on the table. The President announced the following gentlemen as the Committee appointed under a resolution offered by the member from Chesterfield (Mr. Inglis), to draft an Ordinance proper to be adopted by the Con- vention, viz t Messrs. John A. Inglis, R. ]]. Khett, James Chesnut, Jr., James L. Orr, Maxcy Gregg, B. F. Dunkin, W. F. Hutson. On motion of Mr. Siruons, it was Resolved, That when this Convention adjourns, it shall be adjourned to meet to-morrow, at eleven o'clock, A. M. On motion of Mr. Silicons, the Convention was adjourned at four minutes past five o'clock, P. M. B. F. AllTUUR, Glerk of the Convention. 24 JOURNAL OF THE CONVENTION, WEDNESDAY, DECEMBER 19, 1860. Pursuant to the action of the Committee, appointed to make arrange- ments for providing another Hall for the use of the Convention, the Convention* assembled at St. Andrew's Hall ; the President took the chair, and the proceedings were opened with prayer by Rev. William Curtis. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Barron, Barton, Bcaty, Bellinger, Bethea, Bobo, Bonneau, Brown, A, H. Brown, C P. Burnet, Buchanan, Cain, Calhoun, Campbell, Carlisle, Carn, Caughmaa^ Cauthen, Charles, Chcvcs, Clarke, Con»er, Crawford;, Curtis ;, Messrs. Dargan, Davis, . DeSaussure, DeTreville, Dozier, Duncan, • Dunkin, DuPre, Easley, English, Evans, Finley, Flud, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Glover, Goodwin, Qourdiu, R. N. Green, Gregg, IMaxcy Gregg, William Grishara, ilaniniond, Hanckel, WEDNESDAY, DECEMBER 19, 1860. 25 Messrs. Harllee, Harrison, Haync, Henderson, Honour, Hopkins, Hutson, Inglis, Ingram, Jackson, Jefferics, Jenkins, J, E. Johnson, Kilgorc, Land rum. Law ton, Logan, Lyles, Magrath, Manigault, Mauldin, Mayes, Mclver, McKee, McLeod, Means, Middleton, John Izard Middleton, Williams Miles, Moore, Noble, Nowell, O'Hear, Orr, Palmer, Parker, Perrln, Pope, Messrs. Porcher, Pressley, Quattlcbaum, Reed, Rhodes, Richardson, F. D. Robinson, Rutledge, Scott, Seabrook, G. W., Sr. Sessions, Shingler, J. M. Shingler, W. P. Simgns, Simpson, Sims, Smith, Smyly, Snowden, Spain, Spratt, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Wagner, Wannamaker, Wardlaw, F. H. Watts, Whitner, Wier, Williams, Wilson, J. H. Wilson, W. B. Withers, Woods, Young. The journal of yesterday's proceedings was read. 4 26 JOURNAL OF THE CONVENTION, The President laid before the Couveution the following communica- tion: Post Office, Charleston, December 19, 18G0. T. Y. Simons, Esq. Dear Sir: I send herewith a package containing letters for Dele- gates to the Convention, and I ask the favor of you to announce that it will give me great pleasure to have all matter for membei'S of that bo'Jy placed in your hands at the opening of the Convention on each succeed- ing day. Also, that a clerk from this office will be in attendance at your desk at half-past twelve every afternoon, to receive such letters as gentlemen of the Convention, or their guests, may wish to have mailed for other places. Very respectfully, your fellow-citizen, ALFRED HUGER, P. M. The President laid before the Convention the following communica- tion : Charleston, December 19, 1860. To the Hon. D. F. Jamison, President of the Convention of the State of South Carolina : Sir : On the night of the 17th instant, after the adjournment of the Convention at Columbia, I received from his Excellency, the Governor of the State of Alabama, a despatch, by telegraph, of that date, and which I herewith enclose, and have the honor to request may be read and submitted to the Convention as directed by his Excellency, Gov. Moore. Permit me to assure the Convention that in making this communica- tion, his Excellency, Gov. Moore, offers it in no spirit of dictation, but as the friendly counsel and united voice of the true men of Alabama, for the consideration of this Convention, and in the same spirit of con- sultation and conference which impelled him to send a Commissioner to this and the other Southern States. With sentiments of the highest respect for the Convention and for yourself, I am your obedient servant, J. A. ELMORE. WEDNESDAY, DECEMBER 19, 1860. 27 The despatch referred to is as follows : Montgomery, Dec. 17, 1860. To John A. Elmore : Tell the Convcntioa to listen to no propositions of compromise or delay. A. B. MOORE. On motion of Mr. D. L. Wardlaw, the communication was referred to the Commit'tee on the Southern Address. Mr. Reed oifercd the following resolutions : 1. Ordered, That the President appoint a Cashier and Deputy Cashier. 2. Ordered, That the Clerk act as Reading Clerk, and also superin- tend such printing as the Convention may order. 3. Ordered, That the reporters for the public journals be allowed access to the Hall for the purpose of reporting. 4. Ordered, That the regular hour of meeting shaH be ten o'clock, A. M., subject to special orders fixing some other time. 5. Ordered, That there be printed, for the use of the Convention, an alphabetical list of the names of the members, and also a list of the names arranged according to State Election Divisions, with their Post Offices. 6. Ordered, That the journal of each day's proceedings be printed, and laid on the tables of members, before the hour of meeting. Reaohed, That the rules adopted for the government of the Conven- tion, be published with the journal of this day's proceedings. Mr. Quattlebaum moved to divide the question, so as to take the vote on each separately. Mr. IngHs moved to amend the third order by adding the words "newspapers in this State." Mr. F. II. Wardlaw moved to amend the third order by adding the words " one reporter for each newspaper." Mr. Cheves moved to amend by requesting the President to make such arrangements on the subject as to him might seem proper. The consideration of the resolutions was suspended, and Mr. Manning moved that a bar be erected at the head of the siairs, and a sergeant-at-arms appointed, so that member.^ might have coa- venient access to the Hall. 28 JOURNAL OF THE CONVENTION, After some debate, it was ordered that the duty of making arrange- ments for convenient access to the Hall be entrusted to the Charleston Delegation. On motion of Mr. Dargan, the Convention resumed the consideration of the resolutions offered by Mr. Reed. Mr. Dargan moved to strike out the third resolution, and insert the following : Ordered, That the President be authorized to issue tickets of "admis- sion to such reporters of newspapers as he may deem proper. The amendment was adopted. Mr. Reed withdrew the fourth order. On motion of Mr. Dargan, the sixih order was laid on the table. The resolutions, as amended, were adopted. On motion of Mr. D. L. Wardlaw, the copimunication from a portion of the members of the Legislature of the State of Georgia was taken up from the table, and was referred to the Committee on the Southern Address. Mr. Cauthen stated that his colleague, Mr. D. P. Robinson, was absent from indisposition, when the vote was taken on the resolution declaring it to be the sense of the Convention that the Sta,te of South Carolina should forthwith secede from the Federal Union, and asked that he might now be permitted to record the vote he would have given if present. Whereupon, Mr. Robinson being called, answered "aye." Messrs. B. H. Rutledge, John L. Manning, L. M. Ayer, T. M. Hanckel and H. D. Green, asked to record the vote they would have given, if present, on the same resolution ; and these gentlemen being called, respectively answered " aye." Mr. Quattlebaum, from the Committee on Printing, made the follow- ing report, which was considered immediately, and was agreed to : The Committee appointed to receive proposals for printing for the Convention of South Carolina, have to report : That they have received an offer from Messrs. Evans & Cogswell, to do " all the work to be done, in style and quality fully equal to that done for the State by the Printer in Columbia, at the same propor- tionate rates of compensation as is paid to the Printer to the State Senate." The Committee believing Messrs. Evans & Cogswell to be reliable, WEDNESDAY, DECEMBER 19, 1860. 29 and that tliey will do the work as stated, recommend the adoption of the following resolutions : Resolved, That Messrs. Evans & Cogswell be appointed Printers to this Convention while it holds its sittings in Charleston. • Resolved, That the Committee appointed to receive proposals for Printing, be continued as a Standing Committee, and that one of its duties be to supervise the printing of this Convention. SPECIAL ORDER. The Convention proceeded to the consideration of the following resolutions, which had been made the special order of the day for this day, at one o'clock, P. M. : Resolved, That the President do appoint four Standing Committees for this Convention, each consisting of seven, as follows : 1. A Committee on Relations with the Slaveholding States of North America. 2. A Committee on Foreign Relations. 3. A Committee on Commercial Relations. 4. A Committee on the Constitution of the State. Mr. Smith moved to amend the third clause of the resolution by adding the words "and Postal Arrangements;" which amendment was accepted by the mover of the resolution. Mr. Mazyck moved to strike out the number seven, and insert thirteen; which amendment was also accepted by the mover of the resolution. Mr. W. B. Wilson moved to add an additional section, providing for a separate Committee on Postal Arrangements. Mr. Maxcy Gregg moved to amend the second clause of the resolu- tion by adding the words " with other States." Mr. Gregg withdrew his amendment. On motion of Mr. Calhoun, the question was divided; and the reso- lutions were finally adopted in the following form : Resolved, That the President do appoint four Standing Committees for this Convention, each consisting of thirteen, as follows : 1. A Committee on Relations with the Slaveholding States of North America. 2. A Committee on Foreign Relations. 30 JOURNAL OF THE CONVENTION, 3. A Committee on Commercial Relations and Postal Amingements. 4. A Committee on the Constitution of this State. SPECIAL ORDER. The Convention proceeded to the consideration of the following reso- lution, which had been made the special order of the day for this day, at one o'clock, P. M. : Resolved, That so much of the Message of the President of the United States as relates to what he designates "the property of the United States in South Carolina," be referred to a Committee of to report, of what such property consists ; how acquired ; and whether the purpose for which it was so acquired, can be enjoyed by "the United States after the State of South Carolina shall have seceded, consistently with the dignity and safety of the State. And that said Committee further report the value of the property of the United States not in South Carolina; and the value of the share thereof to which South Carolina would be entitled upon an equitable division thereof among the United States. On motion of Mr. Harllee, the blank was filled with the number thirteen. Mr. W. P. Shingler moved to amend the resolution by requiring the Committee to report the debt, as well as the property of the United States. On motion of Mr. Harllee, the amendment was ordered to lie on the table. The resolution was agreed to. SPECIAL ORDER. The Convention proceeded to the consideration of the following reso- lution, which had been made the special order of the day for this day, at one o'clock, P. M. : Re&olved, That it is expedient that a Council, to consist of five citizens of the State, to act with the Governor of the State as his coun- sellors and advisers, and to be called a Council of Safety, shall be forth- with appointed ; and that it be referred to a Committee of this Con- vention to report thereon, by Ordinance or otherwise. WEDNESDAY, DECEMBER 19, 1860. 31 On motion of Mr. DeTreville, the special ovder was discharged, and •was made tlio special order of the day for to-morrow, at one o'clock, P. M. Mr. Memminger offered the following resolution, which was consid- ered immediately, and was agreed to : Resolved, That a Committee, to consist of seven members, be ap- pointed to draft a summary statement of the causes which justify the secession of South Carolina from the Federal Union. Mr. Dunkin oiFercd the following resolution, which was considered immediately, and was agreed to : Resolved, That it be referred to the Committee on Commercial Eela- tions and Postal Arrangements, to inquire and report what measures of a temporary or permanent nature, or both, it may be proper to adept in reference to Custom House and Postal Arrangements, in consequence of the contemplated withdrawal of South Carolina from the Union. Mr. Hayne offered the following resolutions : "Whereas, the causes which have produced the separation of South Carolina from the Federal Union, have emanated from the States north of Mason and Dixon's line, using hireling labor only; and, whereas, it has not been against the Constitution of the United States that South Carolina has opposed her sovereignty, but the usurpations of a government in violation of this instrument: Resolved, '1 hat a Comn)issioner be sent to each of the slaveholding States, bearing a copy of the Ordinance of Secession, and proffering to such States, or any one or more of them, the existing Constitution of the United States as the basis of a Provisional Government, to be adopted on the part of South Carolina, and any other slaveholding State or States, which, after seceding from the present Federal Union, shall be willing to unite with South Carolina in the formation of a new Confederacy; and we do hereby ratify and confirm, from the date there- of, any action taken by such Commissioner, or Commissioners, by and with the consent of the Governor of South Carolina, in the formation of such Provisional Union; and we do further earnestly recommend that in days after two or more States, in addition to South Carolina, shall have acceded to the said Provisional Union, an election shall be held for Senators and members of the House of Representatives 32- JOURNAL OF THE- CONVENTION, of tlic new Congress, and President and Vice President of tTie new Confederacy. Resolved, That tliree Coramis.-iouersbe appointed to carry an authen- ticated copy of tlie Ordinance of Secession to Washington, to be laid before the President of the United States, with the request that the same shall be communicated to the Congress now in session ; and said Commissioners are hereby authorized and empowered to treat for the delivery of the Forts, iMagazines, Light Houses, and other real estate, and all appurtenances thereto, within the geographical limits of South Carolina, the authority to treat upon these subjects to be extended to the — = day of February, which shall be in the year of our Lord one thousand eight hundred and sixty-one; provided in the meantime, the said Forts, Magazines, and other places, are allowed to remain in the condition in which they may be at the adoption of this Ordinance; and they shall be further empowered to treat upon the subject of the public debt, and for a proper division of all other property than the above, now held by the Government of the United States, as agent of the States now embraced in said Confederacy, until such time as a new Con- federacy of States shall be formed, of which South Carolina shall be one. On motion of Mr. Hayne, the first resolution was referred to the Committee on Relations with the Slaveholding States 'of North America, and was ordered to be printed. Mr. Inglis moved that the second resolution be laid on the table. Mr. Inglis withdrew his motion. On motion of Mr,- Hayne, the second resolution was referred to the Committee on Foreign Relations, and was ordered to be printed. Mr. Memmiiiger offeied the following resolutions : 1. Resolved, That a Commission, to consist of three persons, be elected by ballot of this Couvcution, to proceed to Washington, to nego- tiate wi^ the United States, acting through their Qeneral Government, as to the proper measures and arrangements to be made or adopted in the existing relations of the parties, and for the continuance of peace and amity between them. 2. Resolved, That five persons be elected by this Convention, by ballot who shall be authorized to meet such Deputies as may be ap- pointed by any other slaveholding State, for the purpose of organizing or forming a Southern Confederacy, with power to discuss and settle a WEDNESDAY, DECEMBER 19, 1860. 33 Constitution orplan of union, to be reported to tlie said States for their ratification, amendment or rejection. That the said Deputies shall invite a ujcoting at Columbia, or at such other place as may be agreed uppn among the Deputies of the several States, and shall report to this Convention such Constitution or Articles as may be agreed on by said Deputies. On motion of Mr. Memmingcr, the first of these resolutions was referred to the Committee on Foreign Relations; and the second resolution to the Committee on Relations with the Slaveholding States of North America. The resolutions were ordered to be printed. On motion of Mr. Hutson, it was ordered that when the Convention adjourns, it shall be adjourned to meet to-morrow, at twelve o'clock, M. Mr. Mazyck offered the following resolution, which was made the special order of the day for to-morrow, at one o'clock, P. M., and was ordered to be printed : Resolved, That a Committee, to consist of members, be ap- pointed, whose duty it shall be to inquire and report to this Convention how much of the legislation of Congress would be ipso facto abrogated so far as this State is concerned, by the secession of the State from the Federal Union, and how much of it might remain of force, notwith- standing the act of secession. On motion of Mr. Orr, the Convention was adjourned at forty-five minutes past four o'clock, P. JI. B. F. ARTHUR, Clerk of the Convention. ♦'^ •c% RULES OF THE CONVENTION OF DECEMBER 17, 1860. 1. The President and eiglity-four members shall be a quorum to transact business. 2. If any member sh'all absent himself without leave, he may be sent for at his own expense, and be subject to the censure of the Con- vention. 3. No member shall speak more than twice to thd sanie point with-' out leave of the Convention. 4. Each member, when speaking, shall address himself to the Chair, standing and uncovered, at his place. •5. If two members rise to speak nearly at the same time, the Presi- dent shall decide which was 'first up. 0. Every member, when speaking, shall adhere to the point before the Convention, and shall not be interrupted unless he departs from it, when he may be called to order. 7. When a question of order arises, it shall be decided by the Presi- dent, in the first instance ; but any member may appeal from his deter- mination to the Convention. 8. When a motion is made and seconded, it shall, if required by a member, be reduced to writing, and delivered in at the table. 0. When a question is put by the President, and the Convention divides, the Clerk shall, at the request of any seven members present, take down and enter on the journal the names of all those members who vote for and against the (juestion, and cause them to be published in .Tny gazette of the State. 10. When the President desires to be heard, the members shall take their seats, and keep order whilst he is speaking. 1 1. When a motion is made for adjournment and seconded, no ques- 36 JOURNAL OF THE CONVENTION, tion shall be debated until the Convention shall have decided that motion. 12. Motions to adjourn, to take a recess, to lay on the table, to post- pone indefinitely, or to a*day beyond the session, to aidJQurn a debate, shall be decided without debate, after such short conversations as the President may permit. 13. On points not specified in the above rules, the Convention shall be governed by the "rules of the House of Representatives of the General Assembly of South Carolina," so far as they are applicable. THURSDAY, DECEMBER 20, 1860. 37 THURSDAY, DECEMBER 20, 1860. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened ^yith prayer by Rev. T. R. English. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Barnwell, Barron, Barton, Beaty, Bellinger, Bethea, Bobo, Bonneau, Brabham, Brown, A. H. Brown, C. P. Buchanan, Burnet, Cain, Caldwell, Calhoun, Campbell, Carlisle, Cam, Carroll, Caughman, Cautl^en, Charles, Chesnut, Cheves, ('larkc. Conner, Crawford, Curtis, Dargan, Davant, Davis, DeSaussurej DeTreville, Dozier, Duncan, Dunkiu, Dunovant, A. Q. Dunovant, R. G. M. DuPre, Ea.sley, Ellis, English, Evans, Fair, ' . Finley, Flud, Forster, Foster, Frampton, Furman, Gadbcrry, Garlington, Geiger, Gist, Glover, Goodwin, 38 JOURNAL OF THE CONVENTION, Messrs. Gourdin, R. N. Gourdin, T. L. Green, Gregg, Masey Gregg, William Grisliam, Hammond, . Kanckel, Harllee, Harrison, Hayne, Henderson, Honour, Hopkins, Hunter, Hutson, Inglis, Ingram, ^ Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, ^ Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum; Lawton, Jjewis, Logan, Lyles, McCrady, Mclver, McKee, McLeod, Magrath, Manigautt, Manning, Messrs. Mauldin, Maxwell, Mayes, Mazyck, Means, Memminger, Middleton, John Izard Middleton, Williams Miles, Moore, Moorman, Nohle, Nowell, O'Hcar, Orr, Palmer, Parker, Perrin, Pope, Porcher, Prcssley, Quattlebaura, Rainey, Heed, Rhett, . Rhodes, Richardson, F. D. Richardson, J. P. Robertson, Rowell, Rutledge, Scott, Seabrook, E. M. Seabrook, G. W., Sr. Sessions, Shingler, J. ]Vf. Shingler, W. P. Simons, Simpson, Sims, THURSDAY, DECEMBER 20, 1860. 39 Messrs. Smith, Messrs. Wannamaker, Smyly, Wardlaw, D. L. Suowden, • Wardlaw, F. H. Spain, Watts, Spratt, Whitner, Springs, * Wier, Stokes, Williams, Thompson, R. A. ' Wilson, I. D. Thomson, Thomas Wilson, J. H. Timmons, Wilson, W. B. Tompkins, Withers, Townsend, Woods, Wagner, Young. The journal of yesterday's proceedings was read. Mr. Read offered the following resolution : Resolved, That the Mayor of the City of Charleston be invited to a seat on the floor of the Convention. Mf. Means moved that the resolution be amended so as to include in the invitation the Governor, the President of the Senate, and the Speaker of the House of Representatives. The amendment was accepted by the mover of the resolution, and the resolution, as amended, was adopted. The President announced the following Committees : Committee to draft a summary statement of the causes which justify the secession of South Carolina : Messrs. C Gr. Memminger, F. H. Wardlaw, • R. W. Barnwell, J. P. Richardson, B. H. Rutledge, J. E. Jenkins, P. E. Duncan. Committee on so much of the Message of the President of the United States a.s relates to the claim of property of the United States within the limits of South Carolina : Messrs. A. G. Magrath, L. M. Keitt, 40 JOURNAL OF THE CONVENTION, Messrs. J. 1'. Carroll, W. W. Harllee, J. H. Wilson, R. Gr. M. Dunovant, W. H. Campbell, J. P. Reed, ' W. Hopkins, W. S. Lyles, a. W. Seabrook, Sr., J. J. Ingram, E. M. Clarke. Committee on Relations witb the Slaveboldiug States of North America : Messrs. T. J. Withers, J, H. Means, J. L. Manning, ^ J. Townsend, • H. C. Young, A. Mazyek, L. M. Ayer, W. B. Wilson, T. R. English, S. Fair, R. J. Davant, J. M. Gadberry, E. St. P. Bellinger. Commitfee on Foreign Relations : • Messrs. W. P. Miles, J. H. Adams, W. H. Gist, F. D. Richardson, L. W. Spratt, Wm. Cain, T. L. Gourdin, A. W. Burnet, G. Manigault, E. Noble, THURSDAY, DECEMBER 20, 1860. 41 Messrs. J. S. O'Hear, J. D. Pope, E. W. Charles. Committee on Commeiyial Relations and Postal Arrangements : . Messrs. B. F. Dunkin, E. McCrady, H. W. Conner, R. N. Gourdin, J. L. Nowell, T. D. Wagner, "Wm. Gregg, J. J. P. Smith, J. Jenkins, W. Middleton, A. H. Brown, i E. M. Seabrook, R. F. Simpson. ^ Committee on the Constitution of the State : Messrs. D. L. Wardlaw, J.N. Whitner, T. W. Glover, I. W. Ilayne, R. DeTreville, • J. A. Dargan, T. Thomson, J. Buchanan, A. C. Spain, IT. Mclver, T. C. Perrin, W. D. Johnson, J. B. Kershaw. The President announced that Mr. R. C. Logan is apiwinted Cashier, and Mr. J. G. Pressley Deputy Cashier, of the Convention. Mr. llhctt offered the following resolution : Remhcd, That a Committee of Thirteen be appointed to report to this Convention an Ordinance proposing and providing far the asscm- 4 JOURNAL OF THE CONVENTION, blage of a Convention of the Slaveholding States of the United States to form the Constitution of a Southern Confederacy. On motion of Mr. F. II. "Wardlaw, the resolution was referred to the Committee on the Slaveholding States of Nor^h America. Mr. Tnglis, from the Committee appointed to prepar.e an Ordinance proper to be adopted by "the Convention, presented the following REPORT : The Committee appointed to prepare a draft of an Ordinance proper to be adopted by the Convention in order to effect the secession of South Carolina from the Federal Union, respectfully report : That they have had the matter referred under consideration, and believing that they would best meet tha esigencies of the great occasion, and the just expectations of the Convention, by .expressing, in the fewest and simplest words possible to be used, consistently with perspi- cuity, all that is necessary to effect the end proposed and no more, and so excluding everything, which, however proper in itself, for the atten- tion and action of the Convention, is not a necessary part of the solemn act of secession, but may, at least, be as well effected by a distinct Ordi- dinance or resolution, they submit for the consideration of the Conven- tion the accompanying brief draft : AN ORDINANCE To dissolve the Union between the State of South Carolina and other States united with her under the compact entitled " The Constitution of the United States of Ameiica." We, the People of the State of South Cardina, in Convention assem- bled, do declare and ordain, and it is hereby declared and ordained, That the Ordinance adopted by us in Convention, on the twenty-third day of May, in the year of our Lord one thousand seven hundred and eighty-eight, whereby the Constitution of the United States of America was ratified, and also all Acts, and parts of Acts, of the General Assem- bly of this State, ratifying amendments of the said Constitution, are hereby repealed ; and that the union now subsisting between South Carolina and other States, under the name of "The United States of America," is hereby dissolved. Mr. Spain moved that business be suspended for fifteen minutes; which motiop was not agreed to. THURSDAY, DECEMBER 20, 1860. 43 The question being put, will the Convention adopt the Ordinance ? it passed in the affirmative ; Yeas, 169 ; nays, none. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are Hon. D. F. Jamison, President; and Messrs. Adams, Messrs. , Curtis, Allison, Dargan, Appleby, Davant, Atkinson, Davis, Ayer, , DcSaussure, Barnwell, DeTreville, Barron, Dozier, Barton, Duncan, Beaty, Duiikin, Bellinger, ' Dunovant, A. Q. Bethea, Dunovant, R. G. M, Bobo, DuPre, BonueaUj Easlcy, Brabham, Ellis, Brown, A. H. English, Brown, C. P. Evans, Buchanan, Fair, Burnet, Finley, Cain, Flud, Caldwell, Forster, Calhoun, Foster, Campbell, Frampton, Carlisle, Furman, Carn, Gadberry, Carroll, • Garlington, CaughmaUj f Geiger, Cauthcn, Gist, Charles, Glover, Chisnut, , Goodwin, Chcves, Gourdin, R. N. ^ Clarke, ' Gourdin, T. L. Conner, Green, Crawford, Gregg, Maxcy 44 JOURNAL OF THE CONVENTION, Messrs. Gregg, William Messrs. Means, Grisham, Memminger, Hammond, Middleton, John Izard Hanckcl, Middleton, AVilliams Harllee, Miles, Harrison, Moore, Hayne, Moorman, Henderson, • Noble, Honour, Nowell, Hopkins, O'Hear, Hunter, Orr, Hutson, Palmer, , Inglis, Parker, Ingram, Perrin, Jackson, Pope, Jefferies, Porcher, ^ Jenkins, John Pressley, Jenkins, J. E. Quattlebaum, Johnson, Rainey, Kcitt, Reed, Kershaw, Rhett, Kilgore, Rhodes, Kinard, . Richardson, F. D. Kiosler, Richardson, J. P. Land rum, Robinson, Lawtou, Rowel), Lewis, Ilutledge, Logan, Scott, Lyles, Seabrook, E. M. McCrady, Seabrook, G. W., Sr. Mclver, Sessions, McKee, Shingler, J. M. McLeod, ^hingler, W. P. Magrath, Simons, Manigault, Simpson, Manning, Sims, Mauldin, Smith, Maxwell, Smyly, ^ Snowden, Mayes, Mazyck, Spain, THURSDAY, DECEMBER 20, 1860. 45 Messrs. Spratt, Messrs. Wardlaw, F. II. Springs, Watts, Stokes, ■ Whitner, Thompson, R. A. Wier, Thomson, Thomas Williams, Timmons, Wilson, I. D. Tompkias, Wilson, J. H. Townsend, Wilson, W. B. Wagner, Withers, Wannamaker, Woods, Wardlaw, D. L. Young. On motion of Mr. Miles, it was ordered that the Clerk telegraph forthwith to our members of Congress in Washington the result of the vote and the Ordinance of Secession. • Mr. DcSaussure oflfered the following resolutions, which were con- sidered immediately, and were agreed'to: ' Resolved, That a message be sent to his Excellency the Governor, and to both branches of the Legislature, inviting their attendance at the Institute Hall, at seven o'clock this evening; and that this Convention move in procession to the Institute Hall, and there, at seven o'clock, in the presence of the constituted authorities of the State, and of the People, sign the Ordinance of Secession. Resolved, That the President invite a member of the reverend cjergy to attend at Institute Hall, at seven o'clock this evening, and, upon the signing of the Ordinance, to return thanks to Almighty God, on behalf of the People of this State, and to invoke His blessing upon our proceedings. Resolved, That the Ordinance be engrossed, under the direction of the Attorney General and the Solicitors, upon parchment, and signed by the President and members of the Convention at the Institute Hall, in the alphabetical order of Election Districts, and be deposited in the archives of the State. Mr. Dunkin offered the following Ordinance, which was considered immediately : , Be it ordained, hi/ the Piople oj South Carolina, hy their Delegates in Convention assembled, That until otherwise provided by the Legislature, the Governor shall 46 JOURNAL OF THE CONVENTION, « be authorized to appoint Collectors and other officers connected with the Customs for the several ports within the State of South Carolina, and also all Post Masters within the said State; and that, until such appointment shall have been made, the persons now charged with the duties of the said several offices shall continue to discharge the same, keeping an account of the moneys received and disbursed by them respectively. Mr. Gadberry moved to amend, by striking out the words " by the Legislature." Mr. Dunkin accepted the amendment. Mr. E. M. Seabrook moved that the Ordinance be referred to the Committee on Commercial Relations and Postal Arrangements. Mr. Seabrook withdrew his motion. Mr. Carroll moved that the Ordinance be made the special order of the day for to-morrow, at one o'clock, P. M., which motion was not agreed to. Mr. M'axcy Gregg moved to strike out all after the ordaining words, and insert the following : , We, the People of the State of South Carolina, in Convention assem- hlecl, do declare and ordain, and it is hereby declared and ordained. That until otherwise jiroviued for by the General Assembly, the impor- tation of merchandize into tliis State shall be free and unrestricted; and it shall be the duty of the Governor to make such temporary regu- lations as may be requisite, concerning the entry and clearance of ves- sels, and to appoint such officers as may be needed for the purpose; and it shall be the duty of the General Assembly to provide proper compensation for all officers whoso appointment is required by this Ordinance. Section 2. And it is further ordained and declared that, until otherwise provided for by the General Assembly, it shall be the duty of the Governor to appoint Post Masters, and to make such temporary arrangements as may be requisite for the transportation »f the mails, having due regard to mail contracts \nt\i the Government of the United States, now, subsisting. Mr. J. I. Middleton proposed the following amendment, as an addi- tional clause to the Ordinance : And the Collectors of the Customs are hereby instructed to levy and THURSDAY, DECEMBER 20, 1860. 47 collect duties on all goods, wares and merchandize, at half the rates heretofore exacted by operation of the last Tariff Act of the United States Government, until otherwise directed by law. Mr. Hutson offered the following amendment : We, the People of (he Commomocalth of South Carolina, in Conven- tion assembled, do declare and ordain, and it is hcrchy declared and ordained, That until the General Assembly shall otherwise provide, all citizens of this State now holding office under the Government of the United States, within the limits of South Carolina, be, and they are hereby, appointed to hold, under the Government of this State, the same ofl&ces they now fill, with the jiny and the emoluments they now receive. And be it further ordained , that until the General Assembly shall otherwise provide, the revenue and postal laws of the United States be, and they are hereby, adopted and made the laws of this State; saving and excepting that no duties shall be collected upon goods, wares, merchandizes aad productions imported from any of the slave- holding Commonwealths of North America. And be it further ordained, that all n)oncy3 collected by any of the officers aforesaid shall, after deducting the sums necessary for the com- pensation of officers and other expenses, be paid into the Bank of the State of South Carolina, subject to the order of the Genetal Assembly. And be it further ordained, that the officers aforesaid shall retain in their 'hands all property of the United States in their possession, cus- tody and control, subject to the disposal of the General Assembly, who will account for the same upon a final settlement with the Government of the United States. Mr. A. 11. Brown offered the following amendment: That the Governor of the State be empowered forthwith to collect duties on imports at the rates now existing in the United States, and appoint Collectors or other recipients for the same, and hMd them sub- ject to the further direction of this body, and also continue the present Postal Arrangements, in part contracted ou our behalf, till further arrangements can be effected. On motion, the Ordinance, and the amendments proposed, were ordered to be printed. Pending the debate," 48 JOURNAL OF THE CONVENTION, On tuotion of Mr. Mazyck, business was suspended at forty-five minutes past three o'clock, P. M., till half-past six o'clock, P. M. RECESS. The President resumed the chair. On motion of Mr. Rhett, it was ordered, that when the Convention adjourn, it shall be adjoUrned to meet to-morrow, at twelve o'clock, M. 3Ir. DeSaussure offered the following resolution, which, on motion of Mr. Bonneau, was ordered to lie on the table : Resolved, That the Charleston Delegates to the Convention be requested to cause an alteration to be made iti the arrangement of the Hall, so that the seat of the President' shall be in the centre of the Hall, on the south side, opposite to the front entrance; and the chairs of the members be arranged on the right hand and the left, facing the Chair, thus briniring the members face to face, and ensuring the chance of being distinctly heard. A message was received from the Senate, through their Clerk, Mr. William E. Martin, informing the Convention that the Senate accepted the invitation of the Convention, to attend the signing of the Ordinance of Secession ^t Institute Hall, this evening, at seven o'clock. A message was received from the House of Representatives, through their Clerk, Mr. John T. Sloan, informing the Convention tlij^t the House of Representatives accepted the invitation of the Convention, to attend the signing of the Ordinance of Secession at Institute Hall, this evening, at seven o'clock. The Convention moved in procession to Institute Hall. The Presi- dent look the chair, and the proceedings were opened with prayer by Rev. I)r. Rachman. The Attorney (leneral, ]NIr. I. W. Ilayne, made the following report: The Attorney General and the Solicitors, to whom was confided the care of the Ordinance of tjiis Convention for engrossing and enrollment, have performed that duty, and caused the Great Seal of the State to be attached thergto. Whereupon, the Ordinance was presented, and was signed by every member of the Convention, the Electioa Districts having been called in alphabetical order. FRIDAY, DECEMBER 21, 1860. ' ^ When the siguiug was completed, tlie President of the Convention said : The Ordinance of Secession has been signed and ratified, and I pro- claim the State of South Carolina an Independent Commonwealth. On motion, the Convention was adjourned at fifteen minutes past nine o'clock, P. M. B. F. xVRTHUR, Clerk of the Convention, FRIDAY, DECEMBER 21, 1860. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. D. DuPre. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Barnwell, Barron, Barton, Beaty, Bellinger, Bethea, Bobo, Bonneau, Brabham, Brown, A. H. Buchanan, Caldwell, Calhoun, 7 Mesws. Campbell, Carlisle, Carn, Carroll, Caughman, Cauthen, Chcsnut, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Da van t, Davis, DeSaussurc, DcTreville, Duncan, 50 JOURNAL OF THE CONVENTION, Messrs, Dunkin, DuPre, Easley, Ellis, English, Evans, Fair, Finley, Flud, Forster, Foster, FramptoD;, Furman, Gadberry, GarlingtOD, Geiger, Glover, Goodwin, Gourdin, R. N. Green, Gregg, Maxcy Gregg, William Grisham, Hammond, Hanckel, Harllee, Harrison, Hayne, Henderson, Honour, Hopkins, Hunter, Hutson, Inglis, Ingram, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, Messrs. Keitt, Kershaw, Kilgore, Kinard, Kinsler, Land rum, Lawton, Lewis, Logan, Lyles, . McCrady, Mclver, McKee, McLeod, Magrath, Manning, Mauldin, Maxwell, Mayes, " ^ Means, Memminger, Middleton, John Izard Middleton, Williams Moore, IMoorman, Nowell, Orr, Palmer, Parker, Pcrrin, Pope, Porchcr, Pressley, Quattlebaum, llaincy. Reed, • Rhett, Rhodes, Richardson, J. P, Robinson, FRIDAY, DECEMBER 21, 1860. 51 Messrs. Rowell, Rutledge, Scott, Seabrook, E. M. Seabrook, G. W., Sr. Sessions, Shingler, J. M. Shiiigler, W. P. Simons, Simpson, Sims, Smith, Smyly, Snowden, Spain, Springs, Stokes, Thompson, R. A. Messrs. Thomson, Thomas Timijions, Tompkins, Townsend, Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, The journal of yesterday's proceedings was read. Mr. Adams moved that this Convention go into secret session. On motion of Mr. Perrin, the motion was ordered to lie on the table. Mr. Rhett presented the report of the Committee appointed to pre- pare an address to the people of the Southern States. On motion of Mr. D. L. Wardlaw, the address was ordered to bo printed. Mr. Cam moved that the address be made the special order of the day for Monday next, at one o'clock, P. M. Mr. Reed moved to amend, by striking out "Monday next" and inserting "to-morrow"; which amendment was agreed to, and the address was made the special order .of the day for to-morrow, at one o'clock, P. M. Mr. D. L. Wardlaw, from the Committee on the Constitution of the State, made a report, and reported the following ORDINANCE : All Ordinance to alter the Constitution of the State of South Caro- lina in respect to the oath of office. He, the People of (he State oj South Carolina, in Convention 52 JOURNAL OF THE CONVENTION, assembled, do declare and ordain, and it is lierehy declared and or- dained, • That the Fourth Article^of the Constitution of the State of South Carolina, heretofore anicuded, be now altered so as to read as follows, to wit : All persons who shall be elected or appointed to any office of profit or trust, before entering on the execution thereof, shall take (besides special oaths, not repugnant to this Constitution, prescribed by the General Assembly) the following oath : " I do solemnly swear (or affirm) that I will be faithful, and true allegiance bear, to tbe State of South Carolina, so long as I may continue a citizen thereof; and that I am duly cjualified, according to the Constitution of this State, to exercise the office tovhich I have been appointed; and that I will, to the best of my ability, discharge the duties thereof, and preserve, pro- tect and defend the Constitution of this State, so help me God." On motion of Mr. D. L. Wardlaw, the Ordinance was considered immediately, was adopted, was ordered to be engrossed, and to be signed by the President and the Clerk. On motion of Mr. Pressley, leave of absence was granted to 3Ir. Dozier, on account of sickness. On motion of Mr. Spain, leave of absence, until Monday, the 31st instant, was granted to Mr. Green, on account of indisposition. SPECIAL ORDER. On motion of Mr. DeTrcvi.lle, the Convention proceeded to the con- sideration of the following resolution, which had been made the special order of the day for Thursday,, at one o'clock, P. M. : ' Resolved, That it is expedient that a Council, to consist of five citi- zens of the State, to act with the Governor of the State as his coun- sellors and advisers, and to be called a Council of Safety, should be forthwith appointed; and that it be referred to a Committee of this Convention to report thereon, by Ordinance or otherwise. On motion of Mr. DeTreville, the resolution was amended by strik- ing out all after the word " Resolved," and inserting the following: ''That it be referred' to the Committee on the Constitution to enquire and report on the expediency of appointing forthwith a Council to con- sist of citizens of the State, to act with the Governor of the FRIDAY, DECEMBER 21, 1860. 53 State, as his counsellors and advisers, and to be called a Council of Safety." On motion of Mr. DeTrevillc, the resolution, as amended, was agreed to. On motion of Mr. Adams, the Convention went into SECRET SESSION. Mr. Harllee offered the following resolution, which was considered immediately, and was agreed to : Resolved, That a Committee of three be appointed to wait upon his Excellency the Governor, for the purpose of ascertaining if there be any information in his possession which requires this Convention to advise with him in secret session, or suggest any course for him to .pursue, other than the exercise of his own discretion in the present state of affairs. Whereupon the President appointed Messrs. Harllee, Orr and Ches- nut, of the Committee. Mr. Miles, from the Committee on Foreign Relations, presented the following report : The Committee on Foreign Relations, to whom were referred certain resolutions touching the appointment of Commissioners, to treat with the United States, concerning the property of the latter in South Caro- lina, and other matters, beg leave respectfully to report : That they have duly considered the subjects submitted to them, and recommend the immediate adoption of the following resolution : Resolved, That three Commissioners, to be elected by ballot of this Convention, be directed forthwith to proceed to Washington, author- ized and empowered to treat with the Government of the United Suites for the delivery of the forts, magazines, light-houses, and other real estate, with their appurtenances, within the limits of South Caro- lina, and also for an'apportionment of the public debt and for a division of all other property held by the Government of the United States, as agent of the Confederated States, of which South Carolina was recently a member; and generally to negotiate as to all other measures and arrangements proper to be made and adopted in the existing relations of the parties, and for the continuance of peace and amity between this Commonwealth and the Government at Washington. 54 ■ JOURNAL OF THE CONVENTION, Mr. Barnwell oflfered the following amendment, which, on motion of Mr. Reed, was ordered to lie on the table : Resolved, That James Chesnut, Jr., W. P. Miles, L. M. Keitt and William fl. Trescot, be appointed Commissioners of this Convention, with instructions to proceed forthwith to Washington, to lay the Ordi- nance of Secession before the Federal Government, and to treat with that Government concerning the property claimed by it within this" State, and any other right affected by the act of secession. Mr. Maxcy Gregg offered the following amendment : Resolved, That three Commissioners, to be elected by ballot of this Convention, be directed forthwith to proceed to Washington, authorized and empowered to present to the President of the Confederacy, from which the State of South Carolina has now withdrawn, a copy of the Ordinance adopted by this Convention on the twentieth day of the pres- ent month, and to demand of him the immediate withdrawal from the territory of South Carolina, of the military and naval foi'ces now there under his command, and the immediate delivery of the forts, with their armaments, and of the other buildings and lands heretofore held by the Government of the United States within the territory of South Carolina ; and also to offer to treat, on the part of the State of South Carolina, concerning an equitable division of the public property of the late Confederacy and apportion dfent of the public debt and arrangement of postal affairs, and concerning any other measures which may be proper to be adopted for the preservation of peace and amity between this Commonwealth and the Government at Washington. Mr. Gregg withdrew his amendment. The report of the Committee was agreed to. Mr. Ilarllee, from the Committee appointed to wait upon his Excel- lency the Governor, reported that they had discharged that duty, and that his Excellency was not in possession of infosmation, making it necessary for, him to communicate with the Convention in Secret Session. On motion of Mr. Gist, the doors of the Ilall were thrown open. On motion of Mr. Buchanan, it was ordered, that when the Conven- tion adjourns, it shall be adjourned to meet to-morrow, at twelve o'clock, M. FRIDAY, DECEMBER 21, 1860. 55 On motion of Mr. J. I. Middleton, leave of absence, till Monday next, was granted to Mr. Appleby. On motion of Mr. Inglis, business was suspended at fifty-five minutes past three o'clock, P. M., until seven o'clock, P. M. RECESS. The President resumed the chair. The President laid before the Convention the following communica- tion, which was received as information, and was left in the possession of the President : Charleston Hotel, December 21, 1860. Hon. D. F. Jamison, President of the South Carolina Convention, noio sitting in Charleston : Dear Sir : I have the honor to lay before you, for information, a despatch, just received by me, from his Excellency, John J. Pettus, Governor of Mississippi, in which he informs me that in Hinds County, where the most formidable opposition, or cooperation, ticket in the State was organized, those in favor of separate State action have suc- ceeded by a majority of three hundred; and that we have the State Convention by a majority of four to one. I have the honor to enclose the despatch, to be disposed of at your pleasure. Very respectfully, your obedient servant, C. E. HOOKER. The despatch referred to is as follows : To Hon, C. E. Hooker, Commissioner : Hinds County three hundred majority for prompt secession. Our majority in Convention four to one. JOHN J. PETTUS. Mr. Adams, from the Committee appointed to count the ballots cast for three Commissioners to Washington, reported that one hundred and sixty-four (164) ballots were cast, with the following result : Mr. W. P. Miles received 22 votes; R. W. Barnwell, 104; L. M. Keitt, 4; C. G. Memminger, 38; T. J. Withers, 44; J. H. Adams, 21; A. G. Magrath, 69; I. W. Hayne, 1 ; J. S*. Preston, 23; J. P. 56 JOURNAL OF THE CONVENTION, Carroll, 4; J. L. Orr, 50 j Wra. II. Trescot, 34; R. B. Rhett, 10; J. Chcsnut, Jr., 29; D. L. Wardlaw, 9; W. P. Finley, 3 ; J. L. Manning, 1 ; W. F. DeSaussure, 2; Maxcy Gregg, 6 ; John McQueen, 1; W. H. Gist, 1; John A. Inglis, 4; I. D. Wilson, 1; W. W. Ilarllee, 1; B. F. Dunkin, 2; J, P. Richardsijn, 1; J. Townsend, 1. Eighty-three being a majority, R. W. Barnwell only, is elected. , On motion of Mr. DeTreville, the Convention proceeded to a second ballot for Commissioners to Washington. Mr. Memminger, from the Committee appointed to prepare a declara- tion of the causes which justify the secession of South Carolina from the Federal Union, made a report, which, on motion of Mr. Dargan, was made the special order of the day for to-morrow, at one o'clock, P. M.-, and was ordered to be printed. Mr. Atkinson, from the Committee appointed to count the ballots cast on the second ballot for Commissioners to the Federal Government at Washington, reported that no one hrfd received a majority of the ballots cast, and that, consequently, there was no election. The Convention proceeded to a third ballot for Commissioners to the Federal Government at Washington. On motion of Mr. Bobo, leave of absence, till Wednesday nest, was granted to jMr. Carlisle, on account of the illness of his f;imily. On motion of Mr. Dunkin, the following Ordinance, together with the amendments thereto, was taken up from the table : Be it ordained hij the People of South Carolina, hi/ their Delegates in Conocntion asscjiibledj That until otherwise provided, the Governor shall be authorized to appoint Collectors and other oflScers conneoted with the customs for the several ports within the State of South Carolina, and also, all Post Masters within the said State; and that until such appointment shall have been made, the persons now charged with the duties of the said several offices shall continue to discharge the same, keeping an account of the moneys received and disbursed by them respectively. On motion of Mr. Dunkin, the Ordinance, together with the amend- ments, was referred to the Committee on Commercial Relations and Postal Arrangements. Mr. Cheves offered the following Ordinance, which, on motion of Mr, Cheves, was referred to the Committee on Commercial Relations and Postal ArrangeihentSj and was ordered to be printed : FRIDAY, DECEMBER 21, 18G0. 57 Whereas, the Federal Government of the United States of America, has, from tim^to time, with the consent of this State, created certain offices of profit and trust, as well within as without the limits of this State : And whereas, divers persons, as well citizens of this State as others, have, with the consent of this State, and hf the appointment of the said Federal Government of the United States of Amei'ica, undertaken the execution of the functions of the said offices, and become bound by official oaths and heavy penalties, to the Federal Government aforesaid, for the performance of the same ; » And whereas, the sudden arrest of the functions of the said offices would work great inconvenience to the citizens of this State, and griev- ous hardship to the persons bound as aforesaid ; Wherefore, for the convenience of this State and for the relief of said persons, Be it ordained, and hy the People of 'the State of South Carolina, in Convention assembled, it is ordained, That all persons who were in occupation of any office of profit or trust under the Government of the United States of America, immedi- ately previous to the adoption of the Ordinance of Secession, shall con- tinue to exercise the functions of the same, in like manner and form precisely as before the adoption of said Ordinance, until otherwise or- dered. And that all Laws of the Federal Government of the United States of America, •v^tich shall have been abrogated by virtue of said Ordinance, are hereby declared in full force and cfFect for the purposes aforesaid, and no other. And be it further ordained, That the operation of this Ordinance may be, at any time, suspended by the Governor of this State, at his discretion. And that the General Assembly of this State is authorized and empowered to repeal the same whensoever it shall be by them deemed expedient. Mr. Reed offered the following resolution, which, on motion of Mr. Means, was ordered to lie on the table : • Resolved, That when this Convention adjourns, it shall be' adjourned to meet on Tuesday, the fifteenth day of January next, at twelve o'clock, M. Mr. Jolin Izard Middleton offered (he following resolutions, which 8 58 JOURNAL OF THE CONVENTION, ■^ere referred to the Committee oa Commercial Relations and Postal Arrangements : Resolved, That until the General Assembly shall otherwise determine, all goods, wares and merchandize imported into this Commonwealth, be subjected to a rate of diAies amounting to one-half of that exacted by the late Government of the United States, excepting all goods, wares and merchandize imported from any of the slaveholding States of this Continent, at amity with this Commonwealth, the products of which shall be free of all duties. ♦ Resolved, That until the General Assembly shall .otherwise provide, duties on the tonnage of all vessels resorting to the ports of this Com- monwealth, shall be at the rates heretofore exacted by the late Govern- ment of the United States. On motion of Mr.' Mazyck, the following resolution was taken up : Resolved, That a Committee, to consist of members, be ap- pointed, whose duty it shall be to inquire and report to this Convention how much of the legislation of Congress would be ipso facto abrogated, so far as this State is concerned, by the secession of the State from the Federal Union, and how much of it might remain of force, notwith- standing the act of secession. On motion of, Mr. Mazyck, the blank was filled with the number thirteen, and the resolution, as amended, was agreed to. Mr. John Izard Middletou oifered the following Ordinance, which, on motion of Mr. Chesnut, was ordered to lie on the table : Be it ordained, hy the People *bf the State of South Carolina, now met and sitting in Convention, That all citizens of South Carolina in the naval and military service of the United States who have, in consequence of the present aspect of political affairs, resigned their commissions, or who may, for that cause, resign their commissions within the term of months, shall be entitled to and shall be placed in the same grade in the service of the Commonwealth of South Carolina, with that which they relinquish, and shall receive, respectively, the pay and emoluments attached to their grade in the late United States service, subject, in all cases, to such enactments in relation to naval and military affairs as may be passed by the General Assembly. SATURDAY, DECEMBER 22, 1860. 59 ♦ Mr. Barron, from the Committee appointed to count the ballots cast on the third ballot for Commissioners to the Federal Government at Washington, reported that Messrs. James H. Adams and James L. Orr had received a majority of the ballots cast. Whereupon, the President announced that Messrs. R. W. Barnwell, James H. Adams, and James L. Orr, are duly elected Ocmmissioners to the Federal Government at Washington. On motion of Mr. Bobo, the Convention was adjourned at fite min-r utes past ten o'clock, P. M. B. F. ARTHUR, *■ Clerk of the Convention. in no SATURDAY, DECEMBER 22, 1860. At the houi to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. John G. Laudrum. The Clerk called the roll, and the following delegates answered to their names : Messrs. Adams, Allison, Atkinson, Ayer, Barnwell, Barron, Barton, Beaty, Bellinger, Bethea, Bobo, Bonneau, Brabham, Brown, A. H. Brown, C. P. Buchftnan, Burnet, Messrs. Cain, Caldwell, Calhoun, Campbell, Carn, Carroll, Caughman, Cauthen, Charles, Chesnut, Cheves, Clarke, Conner, Crawford, Curtis, Dargan, Davant, 60 JOURNAL OF THE CONVENTION, Messrs. Davis, DeSaussure, BeTreville, Dnncan, Dunkin, Dunovant, A. Q. • Dunovant, R. G. M. ' DuPre, Easley, Ellis, English, Evans, P'air, Finley, Flud, ► Forster, Foster, FraniptoD, Furman, Gadberry, Garlingtou, Geiger, Gist, Glover, Goodwin, Gourdin, R. N- Gourdin, T. L. Gregg, Maxcy Gregg, William Grisham, Haiunioad, Hanckel, Harllee, Harrison, Hayne, Henderson, Honour, h opkins. Hunter, HutsoD, Messrs. Ingli^, Ingrain, Jackson, Jeffries, Jenkins, John ffenkins, J. E. Johnson, Keitt, . Kershaw, Kilgore, Kinara, Kinsler, Landium, Lawton, Lewis, Logan, Lyles, McCrady, - M elver, McKee, McLeod, Magrath, Manigault; Manning, Mauldin, Maxwell, Mayes, Mazyck, Means, Memminger, Middleton, J. L Middlcton, W. Miles, Moore, Moorman, Noble, Nowell, O'Hear, Orr, Palmer, SATURDAY, DECEMBER 22, 1860. 61 Messrs. Parker, Perrin, Pope, Porch cr, Prcsslcy, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. P. RobinsoQ, Rowell, Rutledgc, Scott, Seabrook, E. M. Seabrook, G. W., Sr. Sessions, Shingler, J. M. Shingle^ W. P. Simons, Simpson, Sims, Smith, Messrs. Smyly, Snowden, Spain, Spratt, Springs, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Towusend, Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Williams, Wilson, I. D. Wilson, J. H. Wilson, W; B. Withers, Woods, Younjj. The journal .of yesterday's proceedings was read. The President announced the following gentlemen as the Committee to inquire how much of the legislation of Congress would be abrogated by the secession of the State from the Federal Union : Messrs. Alexander Mazyck, H. C. Davis, B. B. Foster, T. M. Hanckel, B. F. Kilgore, J. Maxwell, R. Moorman, J. S. Palmer, W. P. Shingler, A. B. Springs, 62 JOURNAL OF THE CONVENTION, Messrs. J. Tompkins, S. liobo, II. I. Caughman. The President laid before the Conveutiou tlie following coranmnica- tion : Charleston, December 21, 1860. Hpnorahh the President and Delegates of the Commomoealth of South Carolina : Gentlemen : The Commissioners of the Orphan House have in- structed me to invite you to visit the Institution of the Orphan House in this city, whenever it may suit your convenience to do so, individu- ally or as a body. The House will be at all times open for your inspection. KespcctfuUy, ^ H. A. DeSAUSSURE, Chairman of Commissioners of Orphan House. On motion, the communication was received as information, and the invitation was accepted. Mr. Means offered the following resolution, whic* was considered immediately, and was agreed to : Resolved, That th(j Commissioners to the Federal Government at Washington be authorized to appoint a Secretary, if necessary. Mr. Gadberry offered the following resolution, which was considered immediately, and was agreed to : Resolved, That it be referred to the Committee on the Constitution, to inquire whether the powers heretofore delegated to the Federal Gov- ernment by this State, and resumed by the Ordinance of Secession, may not be properly bestowed upon the Legislature of this State ; and if so, to report to this Convention an Ordinance for that purpose. Mr. DeSaussure, from the Committee on the Address to the People of the Southern States, made a report on the Address of a portion of the members of* the General Assembly of Georgia ; which, on motion of Mr. Withers, was ordered to lie on the table, and to be printed. Mr. Miles offered the following resolution, which was considered immediately, and was agreed to : SATURDAY, DECEMBER 22, 1860. 63 Resolved, That the traveliug expenses of our Commissioners to Wash- ington be paid, and that they receive ten dollars each, per diem, for their personal expenses, during the time they may be employed in the discnarge of the duties of their mission. Mr. Hayne offered the following resolution, which was considered immediately, and was agreed to : ^ ■Resolifrd, That the resolution, adopted in secret session, for the appointment of Commissioners to the Government of the United States, be committed to C. D. Melton, Esq., one of the Solicitors of the State, for the purpose of preparing commissions for the Commissioners elected by this body — the said C. D. Mel ton being first sworn to secrecy. Mr. Simons offered the following resolution, which was considered immediately, and was agreed to : Resolved, That there be added to the Standing Committees of this Convention an Engrossing Committee, to consist of three members, to be appointed by the President. Mr. Miles offered the following resolution, which was considered imme- diately, and was agreed to : Resolved, That the injunction of secrecy be removed as to yesterday's proceedings, and that the report of the Committee on Foreign Relations be printed with the journal of this day. On motion of Mr. Magrath, the Convention went into SECRET SESSION. Mr. Magrath, from the Committee to whom had been referred so much of the message of the President of the United States as relates to the property of the United'States within the limits of South Carolina, made the following REPORT : The Committee to whom was referred s5 much of the message of the I'rcsidcnt of the United States as rolntos to the property of the United States, within the limits of South Carolina, ask leave to report, that the several matters embraced in the resolution, will require, necessarily, some delay in obtaining the information proper for the Convention. From 64 JOURNAL OF THE "CONVENTION, Mr. Colcock, who filled the office of Collector at the port of Charleston, they have received all the information which they desired in rtlation to that portion of the property of the United States, within the limits of this State, which was under his control. This information is embraced in a paper annexed to this report. In addition to it, Mr. Colcock has kindly furnished information of the Light Houses within this Collection District, which will also be found in a paper annexed to this report. From thig information which this Committee has receive^l, it can further report, that in the waters of South Carolina, are two forts : one known as Fort Sumter, the other known as Castle Pinckney. Within the limits of the State, situate on Moultrieville, is another fort, known as Fort Moultrie ; and within the corporate limits of the City of Charleston, is the Arsenal, own.ed by the United States, and used as a depot for arms, ammunition and equipment. The purposes for which these places, last referred to, were acquired, this Committee can only undertake to report, when, from the grants, deeds or other modes in which they have been obtained, a recital of the same will serve the purpose of affording exact information. A further direction to the Committee was to enquire and report, whether the continued possession of these places, now referred to, after the secession of the State, is, or not, consistent with its safety and honor. In the opinion of the Committee, such possession, by the United States, is not consistent either with the honor or safety of the State. While the State of South Carolina was one of the Confederation known as the United States, the purpose of the three forts was, under the orders of the General Government of the United States, and in the discharge of its obligation to provide for the common defence, to repel invasion. An attack upon South Carolina was an attack upon the United States. But no purpose of common defence can now be urged for the reten- tion of that possession of these places, which the General Government has heretofore enjoyed. The obligation of a common defence no longer binds the State of South Carolina to the surrender of her soil, the control of her waters, pv the possession of places within her terri- torial limits, and in which ucither the process of her Courts, nor the laws she enacts, will be permitted to operate. Regarding, therefore, the possession of these forts by the General Government of the United States, as no longer required by a regard for the common defence of the United States; and that, in the separate SATURDAY, DECEMBER 22, 1860. 05 aud independeat condition of South Carolina, such possession would indicate 'the assertion of aright to control, within the limits of the State, by a power now, in all its relations, foreign; and that such pos- session by the Government of the United States, under sjich circum- stances, would be inconsistent with the safety and honor of the State, the Comjnittee recommend the adoption of the following resolution : Resolved, That Fort IMoultrie, Fort Sumter, Castle Pinckney, and the land and buildings within the limits of the City of Charleston, known as the Arsenal, should be subject to the authority and control of the State of South Carolina, aud that the possession of the said forts and arsenal should be restored to the State of South Carolina. On motion of Mr. Magrath, the report was prdered to lie on the table ; and the resolution was taken up for consideration. Mr. A. H. Brown offered the following amendment, as an additional clause : " And that the Commissioners be further instructed to declare that South Carolina will not regard with indifference any attempt on the part of the Federal Government further to fortify or garrison the forts located within its limits." Mr. Hutson offered the following amendment : " All the land within the limits of the State of South Carolina, now in the actual or constructive possession of the United States." Mr. offered the following amendment : Resolved, That our Commissioners to Washington should demand the speedy delivery to the State of South Carolina of the ungarrisoned for- tifications — Castle Pinckney and Fort Sumter — as essential to the security of Charleston; consistent with the dignity of the State, and as the most effectual means of preserving peace and amity between this Commonwealth and the Government at Washington. Resolved, That they should demand the withdrawal of the United States troops, now in Fort Moultrie, at the earliest practicable period, and the delivery of that fort immediately thereafter to the authorities of South Carolina. Resohed, That the Commis^oners should not await an answer to these demands longer than the day of January, 1861 — but upon 9 66 JOURNAL OF THE CONVENTION, . the expiration of the above period, or in case of refusal of the above demands, or refusal to receive or treat with the Commissioners, that the said Commissioners return immediately home and report the result of their missioa to this Conventiofl. Resolved, That upon the acquiescence of the Government at Washington, in the above mentioned demands, and the receipt of in- telligence from the Governor of South Carolina that Fort Sumter and Castle Pinckney are in the possession of the authorities of the State, that the Commissioners do then, and not before, proceed to treat and negotiate touching all other matters and things committed to them by the resolution of the Convention creating the Commission. Mr. D. L. Wardlaw offered the following .resolution as an additional clause to the resolution reported by the Committee: -J^M Resolved, That our Commissioners, being fully possessed of this reso- lution, and of the opinions of this Convention in reference to troops in the harbor of Charleston, be left to the exercise of their sound discre- tion in negotiating with the United States. Mr. Cheves offered the following amendment : Resolved, That it is the se.nse of this Convention that it is not con- sistent with the dignity of this State that her Commissioners should remain at Washington later than the fifteenth day of January next, unless before that time Fort Sumter and Castle Pinckney shall have been restored to the authorities of this State. Mr. F. D. Richardson offered the following amendment : 1. Resolved, That it is the opinion of this Convention that the gar- risoning of Fort Sumter and Castle Pinckney, or the further mounting of guns on either fortification, must be regarded, at this time, as an overt act of hostility. 2. Resolved, That the Governor of this State be requested to exer- cise the utmost vigilance and use every means at his command, to inter- cept and prevent the garrisoning of said fortresses or mounting of guns thereon. 3. Resolved, That the Governor be requested to ascertain, if it be practicable, and report to this Convention, whether any and what changes have been recently mad^ in all the fortifications in, the harbor SATURDAY, DECEMBER 22, 1860. 67 of Charleston, and -whether the work of fortifying them is still pro- gressing. On motion, all the aiiicndmcnts proposed were ordered to lie on the table; and the resolution reported by the Committee was agreed to. Mr. Dunkin, from the Committee on Commercial Relations and Postal Arrangements, made a report, and reported an Ordinance to make provisional Postal Arrangements in South Carolina; which was considered immediately, was agreed to, was ordered to be engrossed, and to be signed by the President and the Clerk. On motion of Mr. Duukiu, the injunction of secrecy was removed in relation to the action of the Convention^ on the Ordinance to make pro- visional Postal Arrangements in South Carolina. » 'Mr. Dunkin presented the following REPORT : The Copamittce on Commercial Relations and Postal Arrangements beg leave to report, that they have considered the various matters re- ferred to them, in relation to the Customs, and the officers charged with the collection of the same, and other officers or agents in any manner connected with the same, and they submit an Ordinance for a provisional arrangement thereof. The Committee, regarding the Ordinance now submitted as merely provisional, bave not deemed it expedient or necessary, at this time, to provide for the contingency, that an Act of Congress may hereafter be passed, imposing duties on goods, wares and merchandize passing into any of the United States from this State. AN ORDINANCE To provide for the continuance of Commercial facilities in South Caro- lina : We, the People of South Carolina, in Convention assembled, do declare arid ordain, and it is htrehy declaYed and ordained, That all citizens of this State, now holding office, connected witb the Customs, under the Government of the United States, within the limits of South Carolina, be, and they are hereby, appointed to bold, under the Government of this State, the same offices they now fill, until otherwise directed, and to receive the same pay and emoluments for their services. 68 JOURNAL OF THE CONVENTION, And it is further ordained, That in case of the resignation of either of them, the Governor is empowered to supply the vacancy ; and such officers are hereby authorized, until otherwise instructed, to collect duties on imports at the rates now existing in the United States of North America ; and they are hereby directed to hold the same, sub- ject to the further action of this body; saving and excepting, however, that no duties shall be collected upon goods, wares, merchandize . and products imported direct from any of the States forming the late Fed- eral Union, known as the United States of North America. And he it further ordained, That the officers aforesaid shall retain in their hands all property of the United States in their possession, cus- tody and control, subject to the disposal of this State, who will account for the same, upon a final settlement with the Government of the United States. Mr. Wagner presented the following EEPORT: The undersigned, the Minority of the Committee on Commercial Relations and Postal Arrangements, feel constrained to differ from the views expressed by the majority, and beg leave to recommend for the consideration of the Convention the following Ordinance. (Signed) " THEODORE D. WAGNER, JOHN JENKINS^ AN ORDINANCE To provide for the continuance of Commercial Relations in South Carolina : We, the People of the State of South Carolina, in Convention as- sembled, do declare and ordain, and it is hereby declared and ordained, That until otherwise provided for by the General Assembly, the importation of- merchandize into this State shall be free and unre- stricted ; and it shall be the duty of the Governor to make such tem- porary regulations as may be requisite concerning the entry and clearance of vessels, and to appoint such officers as may be needed for the purpose; and it shall be the duty of the General Assembly to pro- vide proper compensation for all officers whose appointment is required by this Ordinance. SATURDAY, DECEMBER 22, 1860. 69 On motion of Mr. Pope, the Majority and Minority Reports, together with the Ordinances recommended, werd made the special order of the day for Monday next, at one o'clock, P. M., and were ordered to he printed. On motion of Mr. Miles, it was Ordered, That when the Convention adjourns, it shall be adjourned to meet on Monday next, at twelve o'clock, M. On motion of Mr. Miles, the Convention was adjourned. B. F. ARTHUR, Clerk of the Convenf.ion. 70 JOURNAL OF THE CONVENTION, REPORT OF THE COMMITTEE ON FOREIGN RELATIONS. The Committee on Foreign Relations, to whom was referred certain resolutions touching the appointment of Commissioners, to treat with the United States concerning the property of the latter in South Caro- lina, and other matters, beg leave respectfully to REPORT: That they have duly considered the subjects submitted to them, and recommend the immediate adoption of the following resolution : Resolved, That three Commissioners, to be elected by ballot of this Convention, be directed forthwith to proceed to Washington, author- ized and empowered -to treat with the Government of the United States for the delivery of the Forts, Magazines, Light-Houses, and other real estate, with their appurtenances, within the limits of South Carolina, and also for an apportionment of the public debt, and for a division of all other property, held by the Government of the United States, as agent of the Confederated States, of which South Carolina was recently a member.; and, generally, to negotiate as to all other measures and arrangements proper to' be made and adopted, in the existing relation of the parties, and for the continuance of peace and amity between this Commonwealth and the Government at Washing- ton. All of which is respectfully submitted, WM. PORCHER MILES, Chairman. MONDAY, DECEMBER 24, 1860. 71 MONDAY, DECEMBER 24, 18G0. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with grayer by Rev. J. M. Tiunuons. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Messrs. DeTreville, Atkinson, Dunkin, Aycr, Dunovant, R. G. M Barron, DuPre, Barton, Easley, Beaty, Ellis, Bellinger, English, Bcthea, Evans, Bobo, Fair, Bonneau, Finley, Brabham, Flud, Brown, A. H. at8 Forster, Brown, C. P. Foster, Burnet, Frampton, Cain, Furman, Caldwell, Gadberry, Calhoun, Garlington, Campbell, Geiger, Carn, Gist, Carroll, Glover, Caughman, Goodwin, Cauthen, Gourdin, R. N. Charles, Gourdin, T. L. Chcsnut, * Gregg, William Chcvcs, Grisham, Clarke, Hammond, Conner, Hanckel, Crawford, IJhrllee, Dargan, Harrison, Davis, Hayne, DeSaussure, Henderson, 72 JOURNAL OF THE CONVENTION, Messrs. Honour, Hopkins, Hunter, Hutson, Inglis, . Ingram, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, Keitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, Logan, Lyles, Mclver, McKee, McLeod, Magrath, Manning, Mauldin, Maxwell, Mazyck, Means, Mcmminger, Middleton, John Izard Middleton, Williams' Moore, Moorman, Noble, Nowell, O'Hear, Palmer, Parker, Messrs. Perrin, Pope, Porcher, Pressley, Quattlebaum, Rainey, Reed, Rhett, Richardson, F. D. Richardson, J. P. Robinson, Rowell, Rutledge, Scott, Seabrook, G. W., Sr. Sessions, Shingler, W. P. Simpson, Sims, Smith, ■ >3myly, Snowden, Spain, Spratt, Springs, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wanuamaker, Wardlaw, D. L. Wardlaw, F. H. • Watts, Whitner, Wier, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. MONDAY, DECEMBER 24, 1860. 7^ Messrs. Withers, Young. ' Woods, • The. journal of Saturday's proceedings was read. The President announced the following as the Engrossing Com- mittee : Messrs. T. Y. Simons, S. Fair, H. Mclver. Mr. Lyles offered the following resolution, which was considered im- mediately, and was agreed to : Resolved, That the Honorable M. S. Perry, Governor of the State of Florida, now in the City of Charleston, be, and ho is hereby, invited to a scat on the floor of the Convention. Mr. DeSaussure presented the account of E. R.. Stokes, for putting the Baptist Church in Columbia in condition for receiving the Conven- tion ; which, on motion of Mr. Maxcy Gregg, was ordered to lie on the table. iMr. Quattlebauni offered the following resojufeions, which were con- sidered immediately, and were agreed to : Resolved, That the accounts of the Printers for this Convention be audited by the Comptroller General, allowing them the rates designated in the resulution conferring upon them their appointment; and that the said accounts, when so audited, be paid by the Treasui-er of the Lower Division. Resolved, That immediately after the Convention shall have termin- ated its pr%sent session in Charleston, the several Ordinances adopted by it, together with the journal of its public proceedings, be printed in pamphlet form ; and that five hundred copies be struck off", for the use of the Convention, to be disposed of under the direction of the President. jMr. Presslej ofiFered the following resolution, which was considered immediately, and was agreed to : Rrmlvcd, That i^ Committee on Accounts, tp consist of five members, be appointed by the President. 10 74 JOURNAL OP THE CONVENTION, Mr. Caugliman offered the following resolution, which was considered immediately, and was referred to the Comntittee on Printing : Resolved, That copies of the Ordinance of Secession and the signatures thereto, be photographed for the use of the members of the Convention. • » Mr. Magrath offered the following Ordinance, which was considered immediately, and was referred to the Committee on the Constitution of the State, and was ordered to be printed : We, the People of the State of South Carolina, in Convention as- sembled, do declare and ordain, and it is hereby declared and or- dained, That until otherwise provided for by the G-eneral Assembly of the State of South Carolina, the Judges of the Courts of Law in this State shall have and take cognizance of all cases of admiralty and maritime jurisdiction. And that the said Judges shall further have jurisdiction of all offences under the laws of the United States relating to the Post Office Department, the Public Customs, Seamen, and offences upon the high seas. That the laws of the United States, which were in operation at the time of the secession of this State, in relation to these several offences, be and are hereby retained as parts of the laws of this . State, until otherwise provided for by the General Assembly of the State ; saving and excepting therefrom so much as relates to the Courts • in which such offences shall be tried. That the said Judges shall have power to appoint such officers under them as may be necessary for the proper discharge of the duties herein provided. And that in such .cases as have been tried by a jury, the trial shall be by a jury accord- ing to the mode of force in this State in relation thereto. And in cases in the admiralty and maritime jurisdiction, in which the trial by jury has not been established, the forms and modes of proceeding shall be such as have been heretofore in use in Courts within this State, having cognizance of such cases. On motion of Mr. D. L. Wardlaw, Mr. Magrath was added to the Committee on the Constitution of the State. On motion of Mr. Rhett, the Convention proceeded to the consider- ation of the Address of the People of South Carolina, assembled in Convention, to the People of the Slaveholding States of the United ' States. MONDAY, DECEMBER 24, 18G0. 76 Mr. Dargan moved tliat tlie Address, together with the Declaration of the Causes which justify the secession of South Carolina from the Federal Union, be recommitted to a Special Committee, to be composed of the Committee on the Address, and the Committee on the Declara- tion ; which motion was not agreed to. SPECIAL ORDER. On motion of Mr. Dunkin, the Convention proceeded to the consid- eration of the Report of the Committee on Commercial Relations and Postal Arrangements, and the -Report of the Minority of the same Committee ; which had been made the special order of the day for this day, at one o'clock, P. M. On motion of Mr. Ilarllee, the special order was discharged for thirty minutes. The Convention resumed the consideration of the Address to the People of the Slaveholding States. After some time passed in the consideration thereof, the Address was adopted. The Convention proceeded to the consideration of the Declaration of the Causes which justify the secession of South Carolina from the Fed- eral Unioh. Mr. Maxcy Gregg moved that the Declaration be ordered to lie on the table; and the question being put, will the Convention agree there- to ? it was decided in the negative : Yeas, 31 ; nays, 124, The yeas and nays were demanded, and are as follows : Those who voted in the afl&rmative, are Messrs. Atkinson, Ayer, Bonneau, Burnet, Cain, Calhoun, Carroll, Davis, DeSaussure, DuPrc, •Klud, Messrs. Furman, Gist, Gourdin, T. L. Gregg, Maxcy Kilgore, Kinsler, Logan, Lyles, Manigault, Maxwell, Mazyck, 76 JOURNAL OF THE CONVENTION. Messrs. Nobic, Palmer, I'arkcr, Smith, Snowden,* Xiinuions, Ti'iiipkins, Wilson, J. U- Those who voted in the negative, are Hon. I). F. Jamison, President; and Messrs. Allison, Messrs. Fair, Hirmn. Bejity, li'llin^er, Bubo, ]IrJ.|,:>n,. IW «M.. A. H. Brown, C. P. Caldwell, Campbell, Carn, Cairphman, Cauthen, Ciiarlcs, Chciiuut, ChcTcs, ClnrVe, Conner, Crawford, CurlJH, Dargan, DeTreville, Duncan, Duukin, Dunovnnt, A. Q. Dunovant, K. G. M. Easley, Ellis, Evuus, Finley, Forster, Foster, Frampton, Gadberry, Garlington, ► Gciger, Glover. Goodwin, Gobrdin, R. N. Gregg, William Grisliam, llauiniond, Ilnnckel, Ilarllce, Harrison, Hayne, liendorson, Honour, Hopkins, Hunter, Hutson, iDglis, Ingram, Jackstju, Jcfferiefl. Jenkinc, J. E. Jenkins, John JuluLSOU, Kcitt, MONDAY, DECEMBER 24, 1860. 77 Messrs. Kershaw, Kinard, . « Land rum, LawtOQ, Lewi.s, McCrady, Mclver, McKee, McLeod, ♦ Magrath' Manninjr, Mauldin, Means, Meiiiuiinger, Middletou, John Tzard MiddletOD, Williams. . Miles, Moore, Moorman, NcTwei!, O'Hear, Perrin, Pope, Porchcr, Presslfy, Quattlebaum, Eainey, Pteed , Rhodes, Richardson, F. D. Richardson, J. P. Messrs. Robinson, Rowell, Rutlcdge, Scott, Seabrook, E. M. Seabrook, G. W., Sr., Sessions, Shingler, J. M. SiuioDS, Simpson, Sims, Smyly, Springs, Stokes, Thompson, R. A. Thomson, Thomas T«. wnscnd, Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. II. Watts, Whitner, Wier, Williams, Wilson, I. D. • Wilson, W. B. Withers, Woods, Young. So the motion was not agreed to. After sundry amendments, the Declaration was adopted, and was committed to the lilngrossing Committee. Mr. D. L. Wardlaw, from the Committee on the Congtitution of the State, made a report, and reported "an Ordinance to alter the ConBti- tution of the State of South Carolina, in respect (o the Executive Department; " which was ordered for consideration to-morrow, and to •be printed. 78 JOURNAL OF THE CONVENTION, Mr. D. L. Wardlaw, from the Committee on the Constitution of the State, reported an Ordinance to alter th(f Constitution of the State of South Carolina, by sirikinjr out certain words in sundry places; which was ordered f„r con^||p-.Young. Ptainey, Those who voted in the negative, arei Messrs. Allison, Messrs, , Ellis, Bellinger, Fair, Bonneau, Flud, Brown, C.-P. Forster, Burnet, Gist, DuPre, Gregg, Maxcy 13 98 JOURNAL OF THE CONVENTION, Messrs. Hend Simpson, Jackson, Sims, Jefferies, Smith, Johnson, Smyly, Keitt, . ' Springs, Kershaw, Stokes, Kilgore, Thompson, R. A. Kinard, Thomson, Thomas Landrum, Timmons, Lawton, Tompkins, Lewis, Townseud, 100 JOURNAL OF THE CONVENTION, Messrs. Warinamakcr, Wardlaw, I>. L. Wardlaw, F. H. Watts, "Wbitner, * Messrs. Wier, Wilsou, I. D. Wilson, J. H. Wilson, W. B. YOUDK. • Those who voted in the negative, arc Messrs. Bonneau, Brown, C. P. DuPre, Fair, Forster, Gist, Gregg, Maxcj, Henderson, Jenkins, John Jenkins, J. E. Kinsler, Logan, M elver, McKee, Manigault, Maxwell, Messrs. Mazyck, Middleton, John Izard Middleton, Williams Moore, Palmer, Pressley, llichardson, F. D. Seabrook, G. W., Sr. Shingler, W. P. Snowden, Spain, Spratt, Wagner, Williams, Woods. So the motion was agreed to. Mr. Carroll offered the following amendment : Whereas, it is due to our late confederates in the political Union, known as the United States of America, as also to the citizens of South Carolina engaged in commerce, that no abrupt or sudden change be made in the rate of duties upon imports into this State; and, whereas, it is not desired by this State to secure any advantage in trade to her own ports, above those of any of the slaveholding States, her late con- federates in the said Union; and, whereas, this Ordinance, for the con- siderations indicated, is designed to be provisional morel}' : Be it, therefore, further ordained, That tiiis Ordinance shall continue of force until the fifteenth day of February next, and no longer. On moticn of Mr. Withers, the jircavnhlc of the amendment offered by Mr. Carroll was agreed to. WEDNESDAY, DECEMBER 26, 1860. 101 Mr. Reed moved that all after the ordaining words of the amendment offered by Mr. Carroll, be ordered to lie on the. table; and the question being put, will the Convention agree thereto ? it passed in the affiriya- tive : Yeas, 90; nays, 61. The yeas and nays were demanded, and are as follows.: Those who voted in the affirmative, are Messrs. Allison, Appleby, ' „ Atkinson, Barron, Barton, Beaty, Bethea, Bobo, Brown, A. II. Caldwell, Calhoun, Carn, Caughman, Cauthen, Charles, Conner, Crawford, Curtis, Davant, DeSaussure, Duncan, Dunkin, Dunovant, R. Gr. M. IbiPre, Easley, Ellis, Evans, Fair, Finley, Foster, Frampton, Furman, Messrs. Gadberry, Garlington, Geiger, Glover. Goodwin, Gourdin, R. N. Grisham, Hanckel, Harrison, Henderson, Hunter, Hutson, Ingram, Jackson, ' Jefferics, Johnson, Kershaw, Kinard, Landrum, Lawton, Lewis, McCrady, Means, Middleton, John Izard Miles, Moorman, Noble, . Parker, Perrin, Quattlebaum, Kainey, Reod, 102 JOURNAL OF THE CONVENTION, Messrs. llichardson, J. P. Robinson, . Rowell, Kutledge, Seabrook, E. M. Scabrook, G. W., Sr., Sessions, Shinglcr, W. P. Simpson, Smith, Smyly, •Springs, Stokes, Messrs. Thompson, R. A. Thomson, Thomas Timmons, Wannamakcr, Wardlaw, P. L. Wardlaw, F. H. Watts, Whituer, Wier, Wilson, I. D. Wilson, J. H. Wilson, W. B. Young. Those who voted in the negative, are Messrs. Ayer, Bellinger, Brabham, Brown, C. P. Burnet, Cain, Campbell, Carroll, Chesnut, Cheves, Clarke, Dargan, Davis, DeTreville, Flud, Gist, Gourdin, T. L Gregg, Maxcy Hammond, Ilarllee, Ilayne, Honour, Hopkins, Hon. D. F. Jamison, President; and Messrs. Jenkins, John Jenkins, J. E. Keitt Kjlgoroj Kinslcr, Logan, Lyles, Mclver, McKee, McLcod, Magrath, Manigault, Maxwell, Mayes, Mazyck, , Memminger, Middleton, Williams. Moore, Nowell, O'Hear, l^orchcr, Pressley, Rhett, WEDNESDAY, DECEMBER 26, 1860. 103 Messrs. Rhodes, Richardson, F. D. Scott, Shingler, J. M. Simons, Snowden, Spain, Messrs. Spratt, Tompkins, Townsend, Wagner, Williams, Withers, Woods. So the motion was agreed to. Mr. D. L. Wardlaw moved that the amendment offered by Mr. Rut- ledge be adopted ; and the question being put, will the Convention agree thereto ?. it passed in the affirmative : Yeas, 120 ; nays, 29. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are Hon. D. F. Jamison, President ; and Mess^ip. Allison, ' Messrs. Curtis, Atkinson, Dargan, Barron, Davant, Barton, Davis, Beaty, DeSaussure, Bellinger, DcTreville, Bethea, Duncan,, Bobo, jf* Dunkin, Brown, A. H. Dunovant, R. Gr. M. Burnet, Eaalcy, Cain, Ellis, Caldwell, Evans, Calhoun, Finley, Campbell, , Foster, Cam, Frampton, Caughman, Furman, Cauthen, Gadberry, Charles, Garlington, Chesnut, Geiger, Cheves, Gist, Clarke, Glover, -Conner, Goodwin, Crawford, Gourdin,R. N. •% 104 JOURNAL OF THE CONVENTION, Messrs. Grishara, Hatouiond, Hauckel, Harrison, Hayne, Henderson, Honour, Hopkins, Hunter, Hutson, Ingram, Jackson, Jefferies, Johnson, Keitt, Kersliaw, Kilgore, Kinard, Laud rum, Law ton, Lewis, Lyles, McCrady, * McLeod, , Magrath, Maxwell, Mayes, Means, Memrainger, Middloton, John Tzard Middleton, William§ Miles, Moorman, Noble, Nowell, O'Hear, Parker, Messrs. Perrin, Porcher, Quattlebaum, Rainey, Reed, Rhctt, Rhodes, Richardson, F. D. Richardson, J. P. Rowell, Rutledgo, Seabrook, E. M. Sessions, Simons, Simpson, Smith, Smyly, • Springs, • Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamrtker, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Williams, Wilson, I. J). Wilson, J. H. Wilson, W. R. AVithers, Woods. THURSDAY, DECEMBER 27, 1860. 105 Those who voted ia the negative, are Messrs. Appleby, Ayer, Brabham, Brown, G. P. Carroll, DuPre, Fair, Flud, Gourdin, T. L. Gregg, Maxcy Harllee, Jenkins, John Jenkins, J. E. Kinslcr, Logan, Messrs. Mclver, McKee, Manigault, Mazyck, Moore, Pressley, Scott, Seabrook, G. W., Sr. Shingler, J. M. Shingler, W. P. Snowden, Spain, Spratt, Wasner. So the motion wa? agreed to. On m,otion of Mr. JMehiniinger, the Ordinance was committed to the Engrossing Coniuiittce, and was ordered to be made public. On motion of Mr. Mfemminger, the Codventiou was adjourned. B. F. ARTHUR, Clerk of the Convention. THURSDAY, DECEMBER 27, 18G0. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. D. P. Robinson. The Clerk called the roll, and the following Delegates answered to their names : " Messrs. Allison, Appleby, Atkinson, Barron, Barton, 14 Mosfjrs. Bcaty, Bellinger, Bobo, Bonncau, Brown, A. H. 106 JOURNAL OF THE CONVENTION, Messrs. Burnet, Caldwell, Calhoun, Campbell, Carn, Caughman,, Oauthen, Charles, Chesnut, Chaves, Clarke, Crawford; Dargan, Davant, Davis, . DeTreville, Duncan, Dunkin, Easley, Ellis, English, Evans, Fair, Flud, Foster, FramptoD, Furman, Gadberrj, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, E. N, Gourdin, T. L. Gregg, Maxcy Grisham, Hammond, Hanckel, Harllee, Messrs. Harrison, Hayne, . Henderson, Honour, Hopkins, Hunter, Hutson, Jackson, JejBferies, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgo're, Kinard, Kinsler, . Landrum, Lawton, Lewis, ■ Logan, Lyks, Mclver, McKee, McLeod, Maul din, Maxwell, Mayes, Means, Memmins'er, Middleton, John Izard Middleton, Williams- Miles, Moore, Moorman, Noble, Nowell, O'Hcar, Palmer, Parker, Perrin, THURSDAY, DECEMIjER 27, 1860. 107 Messrs. Porch er, Pressley, Quattlebauui, Kainey, Reed, , Richardson, J. P. Robinson,' Rowell, Rutledge, Scott, Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Smith, Smyly, Snowden, Spain, Messrs. Spratt, Springs, * Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Wier, , Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Youns. The journal of yesterday's proceedings was read. Convention went into SECRET SESSION. - Whereupon, the Mr. DcTreville offered the following resolution, which was ordered to lie on the fable : Resolved, That the Governor of the State be, and he is hereby authorized and requested to take immediate possession of Fort Moul- trie and Castle Pinckney, and to make the necessary preparation for tl^je recapture or destruction of Fort Sumter. On motion of Mr. F. H. Wardlaw, it was * Eesolved, That his Excellency tkc Governor be invited to attend the secret sessions of the Convention. On motion of Mr. Ilayne, it was Ordered, That a Committee of three be appointed to wait upon bis Excellency the Governor, and inform him of the invitation. 108 JOURNAL 0^ THE CONVENTION, "Whereupon, the President appointed Messrs. Ilayne, Means and Rutlcdge, of the •CoTnniittce, ^h. ^l^^cy Gregir asked and obtained leave to read a coninuiuication from Hon. L. T. Wigfall. His Excellency the Governor attended and addressed the Conven- « tion. On motion of Mr. DcTreville, it was Resolved, That the Governor be requested and authorired to take possession, forthwith, of the Telegraph Office in this city, and prevent all communication between the city and Fort Sumter. Mr. R. N. Gourdin asked and obtained leave to read a coramunica- tion from Major Anderson, Commandant at Fort Sumter; and. On motion of Mr. Memminger, Mr. R. N. Gourdin was appointed a Committee to transmit the communication to his Excellency the Gov- ernor. Mr. Cheves offered the following resolution, which^ on motion of Mr. Memminger, was ordered to lie on the table : Resolved, That it is the sense of this Convention that the occupation of Fort Sumter ought at once to be regarded as an authorized occupa- tion, and vigorous military defences provided immediately. Mr. J). L. Wardlaw, from the Committee on the Constitution of the State,, made a report, and reported : An Ordinance concerning Judicial powers; and An Ordinance concerning powers lately vested in the Congress of the United States; Which, on motion of Mr. t). L. Wardlaw, were -made the special order of the day for to-morrow, at twelve o'clock, M., and were ordered to be printed. SPECIAL ORDER. On motion of Mr. D. L. Wardlaw, the Convention proceeded to the consideration of an Ordinance to amend the Constitution Qf the State of South Carolina, in respect to the Executive Department, which had been made the special order of the day, fur this day. Mr. Maxcy Gregg oiiered the following amendment, which on motion of Mr. Memminger, was ordered to lie on the table : THURSDAY, DECEMBER 20, 1860. 109 He may, in like iwauucr, remove tlife officers whose appointment is , vested in him ; but tuch removal shall be subject to the consent of the Senate ; and if made during a recess, and afterwards disapproved of, the officer shall be restored to office. Mr. Spratt offered the following amendment, which was ordered to lie on the tabic : Provided that all th.e officers so appointed, other than Amba.spadors, Ministers, Consuls and Agents, hold their offices during good behavior. Mr. A. H. Brown offered the following amendment: That the Governor shall immediately appoint four persons, with the advice and consent of this Convention during its existence, wko, together with the Lieutenant Governor, shall form a Council, to be called the Executive Council, whose duty it shall be, when required by the Governor, to advise with him upon all matters which may be sub- mitted to their consideration; ahd that a record of such consultations shall be kept; and that on and after the dissolution of this Convention, the said appointments shall, from time to time, be made by, and with the consent of, the Senate: provided, nevertheless, that the Governor shall, in all eases, decide upon his own action. Mr. Brown withdrew his amendment. Mr. Chesnut offered the following amendment : That the Governor, with the advice and consent of this Convention, until it shall be dissolved, and after its dissolution, with the advice and. consent of the Senate, shall appoint a Cabinet, consisting of Secre- taries of State, of War, Navy, Treasury, and the Attorney General. Mr. Chesnut withdrew his amendment. Mr. DeTreville moved to amend the last clause of the Ordinance, so as to read " that four persons shall he. Immcdiaiclij elected hij (his Con- vention, who, together with the Lieutenant Governor, shall form a Council, to be called the Executive Council, whose duty it shall be, when required by the Governor, to advise with him upon all matters which uiay be submitted to their consideration ; and that a record of such consultations shall be kept: provided, nevertheless, that the Gov- ernor shall, in ail cases, dwide upon his own action. On motion of Mr. D. L. Wardlaw, the amcndmcut was ordered toiic on the tabic. 110 JOURNAL OF THE CONVENTION, The Ordinance was adopted, was ordered to be engrossed, and to be signed by the President and the Clerk. SPECIAL ORDER. On motion of Mr. D. L. Wardlaw, the Convention proceeded to the consideration of an Ordinance to alter the Constitution of the State- of South Carolina, by striking out certain words in sundry places, which had been made the special order of the day, for this day. , The Ordinance was agreed to, was ordered to be engrossed, and to be signed by the l*residcnt and the Clerk. Mr. D. L. Wardhnv, from the Committee on the Constitution of the State, made a report ; and reported, An Ordinance to define and punish treason ; and An Ordi^nance concerning citizenship; which, on motion of Mr. D. L. AVardlaw, were made the special order of the day for to-morrow, at one o'clock, P. M., and were ordered to be printed. Mr. "Williams Middletou offered the following resolution : Resolved, That his Excellency the Governor be authorized to accept, in his discretion, the services of volunteers from the State of Georgia, or elsewhere, who may tender the same. Mr. Glover offered the following amendment : licsohdl, That the Governor, at his discretion, may receive aid and assistance to this State, and volunteers from abroad ; looking carefully to the exigency of circumstances, and avoiding unnecessary expense ; and that the Governor be authorized and requested to .present the thanks of this Convention to such volunteers as may offer their services. Mr. John Izard Middleton offefed the following amendment : That the Governor be requested to adupt measures immediately to prevent any reinforcements from being introduced into any one of the fprts of Charleston harbor, and that he cause batteries to be erected oil Sullivan's Island, Morris' Island and James' Island, in order to prevent the entrance of any vessel of war belonging to the late Government of the United States; and further, that he bu required to take possession of Castle Pinckuey and lort Johnson. Mr. Cheves offered the followinjr amendment : FRIDAY, DECEMBER 28, 1860. Ill Resokcd, That it is the sense of this Convention that it would be unwise to presume the supposed occupation of Fort Sumter to be an unfounded rumor, or an act unauthorized by the Federal Government ; aud that prudence demands that immediate vigorous military measures should be taken by the Governor in accordance with these views, until they are modified by further information. On motion of Mr. D. L. Wardlaw, all the amendments proposed were •ordered to lie on the table ; and the resolution offered by Mr. Glover was agreed to. Mr. Memminger offered the following resolution : Resolved, That in" the opinion of this Convention, it is advisable that any volunteers, who may arrive in Charleston from our sister States, be united by the Governor with our own troops in any movements which he may deem advisable for taking possession of Sullivan's Island. Mr. Memminger withdrew his resolution. On motion of Mr. D. L. "Wardlaw, the Convention was adjourned at half-past three o'clock, P. M. B. F. ARTHUR, Clei-k of the Convention. FRIDAY, DECEMBER 28, 1860. "Al the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. B. F. Mauldin. The Clerk called the roll, and the following Delegates answered to their names : * Messrs. Allison, Messrs. Bethea„ Appleby, Bobo, Atkinson, . ' Bonneau, Barron, Brabham, Barton, . Brown, A. H. Beaty, Brown, C. P. Bellinger, Caldwell, 112 JOURNAL OF THE CONVENTION, Messrs. Callioun, Campbell, Cam, » Carroll, Caunhman, Cauthen, Charles^ Chi.snut, Cheves, •Clarke, Crawford, Curtis, Dargan, .Davant, Davis, Duncan, Dunkin, Dunovant, R. G. M. DuPre, Easley, Ellis, English, Evans, Fair, - Fiuloy, Flud, Foster, Franipton, Furnian, Gadbcrry, .Garlington, • Geiger, Glover, Goodwin, Gourdin, R". N. Gourdin, T. L. Gregg, Maxcy Grisham, Hammond, Hanckel, Messrs. Harllee, Harrison, Hayne, Hcnder.«!on, Honour, Hopkins, Hunter, Hutson, Jackson, . Jeflfcries, Jenkins, John Jenkins, J. E. Johnson, Kcitt, Kershaw, Kilgore, Kinard, Kinsler, Landrum, Lawton, Lewis, Logan, Lyles, Mclver, McKce, McLeod, Magrath, Mauldin, Maxwell, Mayes, Mazyek, 3Ieans, Mcmuuuger, Middleton, John Izard Middleton, Williams Moore, Moorman, Noble, Nowell, O'Hear, FRIDAY, DECEMBER 28, 18G0. 113 Messrs. Parker, Perrin, Porcher, Pressley, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. I). Richardson, J. P. Robinson,. Rowell, Rutledge, Scott, Seabrook, G". W., Sr. Sessions, Shingler, W. P. Simons, Simpson, Messrs. Smith, Snowden, Spain, Springs, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Wagner, Wannamakcr, Wardlaw, D. L. Watts, Wier, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Young. The journal of yesterday's proceedings was read. Mr. A. T. Darby, delegate from St. Matthew's, appeared at tin- Clerk's desk, produced his credentials, signed the roll, and took his seat. On motion of Mr. Glover, it was Resolved, That Mr. A. T. Darby have leave to sign the Ordinance of Secession. The President laid before the Convention the following communica- tion, which was ordered to be entered on the journal, and to be printed : To the Hon. the President and Members of the Convention of the Indej^endent Slate of South Carolina : Gentlemen : I am to-night informed, that a resolution was this day adopted, inviting me to a seat on the floor of your Convention. For the compliment thus paid my State, in my person, please accept my- grateful acknowledgments. I regret that engagements elsewhere im- peratively forbid the enjoyment of your proffered courtesy. Intelligence received to-night makes "assurance doubly sure," that 15 114 JOURNAL OF THE CONVENTION, Alabama stands by the side of South Carolina, prepared to share with her a common destiny. Information, obtained on diligent inquiry in the last few days, justi- fies me in saying, that the gallant sons of North Carolina and Virginia are now ready to rally around the standard of Southern Rights and Honor, which you have so gloriously reared ; and that those two States will also be members, in all probability, of the Great Southern Con- federacy by the 4th of next 3Iarch. The other Slave States must, sooner or later, take the same course, qr be involved in inevitable ruin. To the bold, deliberate and decisive action of your body, are the people of the South indebted for the great movement which must end in the vindication of their rights; and the future historian must award to South Carolina the honor of leadership in carrying out the measures destined to release them from the wrongs and oppressions under which they have so long and so patiently suffered. With sentiments of profound consideration, I am. Most respectfully, J. W. GARROTT. Charleston, December 26, 1860. On motion of Mr. Magrath, leave of absence was granted to Mr. Conner, on account of sickness. On motion of Mr. Carroll, leave of absence was granted to Mr. Ham- mond, on account of indisposition. On motion of Mr. Atkinson, leave of absence was granted to Mr. Forster, on account of illness in his family. On motion of Mr. Reed, leave of absence was granted to Mr. Maul- din, on account of illness in his family. On motion of Mr. "W. P. Shingler, leave of absence was granted to Mr. J. M. Shingler, on account of indisposition. On motion of Mr. Rhett, the Convention proceeded to the considera- tion of Ayi Ordinance, recommending and providing for a Convention of the Slaveholding States of the United States, to form the Constitution of the Southern Confederacy; and The Report of the Committee on Relations with the Slaveholding States of North America ; And, pending the consideration thereof. FRIDAY, DECEMBER 28, 1860. 115 On motion of Mr. D. L. Wardlaw, the Convention went int6 SECRET SESSION. The President laid before the Convention certain despatches received from the Commissioners to Washington. Mr. ]\fagrath offered the following resolutions : Resolved, That the transfer of the garrison from Fort Moultrie to Fort Sumter, pending the negotiations at Washington, between the Commissioners of this State and the President of the United States, « accompanied as it was by the destruction of public property, is to be regarded as an act of hostility. Resolved, That this Convention approves the conduct of the Gover- nor in taking immediate possession of Castle Pinckncy and Fort Moul- trie, and of holding these places henceforth in the name of this State; and that the Commissioners of this State at Washington be now requested to present to the President of the United States the necessity for the immediate withdrawal of the troops of the United States at Fort Sum- ter, and the possession of that Fort by this State, as necessary for the peace of the State and the protection of property within its limits. Mr. Keitt moved to amend the resolution by striking out the words : "and of holding these places henceforth in the name of this State." Mr. D. L. Wardlaw offered the following amendment : Resolved, That in reference to Forts Moultrie and Sumter, troops of the United States have committed acts of hostility against this State, in violation of the understanding to which this State, in the Ijope of pre- serving peace, has carefully adhered. That if upon th^ disavowal of those acts by the President of the United States, matters shall be restored to the status ante helium, this Convention will expect the Governor, by employment of State forces and other suitable means, to insure the safety of the United States troops against all violence, when those troops shall have returned to Fort Moultrie, which they have partially dismantled; and" that if the restoration shall be ordered, our Commissioners at Washington be requested to proceed in the duty assigned to thorn ; otherwise, to return home. Mr. W;irdlaw withdrew his amendment. Mr. moved that the resolutions and the amendment be 116 JOURNAL OF THE CONVENTION, ordered ifco lie on the table ; and the question being put, will the Con- vention agree thereto ? it passed in the affirmative : Yeas, 111; nays, 40. The yeas ^nd nays were demanded, and are as follows : Those Avho voted in the affirmative, are «' Hon. D. F. Jamison, President; and Messrs. Allison, Messrs . Foster, Appleby, Ayer, Barron, Framptou, Furman, Garlington, BartoA, Beaty, Bellinger, Gciger, Glover, Goodwin, Bethea, Bobo, Gourdin, R. N. Gourdin, T. L. Brabham, Brown, "A. H. Cain, Gregg, Maxcy Grisham, Hammond, Calhoun, Hanckel, Caru, Carroll, Caughman, . Chesnut, Cheves, Harrisop, Hayne, Hopkins, Hunter, Hutson, Clarke, • Curtis, Ingram, Jefferies, Darby, Da van t, DeSaussure, Jenkins, J. E- Johnson, Keitt, DeTrevillc, Kershaw, Duncan, Kinsler, Dunkin, Laudrum, Duuovant, A. Q. DuPre, Law ton, Lewis, Ellis, English, Evans, Lyles, McCrady, McKee, Finley, Flud, ' McLeod, Manning, FRIDAY, DECEMBER 28, 1860. 117 Messrs. 3Iau!diu, Maxwell, Mayes, , Mazyck, Means, Memminger, Miles, Moore, Noble, Nowell, Perrin, Pope, Quattlebauin, Rainey, Reed, Rhett, Rhodes, Richardson, J. P. Robioson, Rowell, Scabrook, E. M. Sessions, Messrs. Shingler, W. P. Simpson, Smyly, Snowden, Spain, Springs, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Wier, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Young. Those who voted in the negative, are Messrs. Atkinson, Bonneau, Brown, C P. Burnet, Caldwell, Campbell, Cauthen, Crawford, Dargan, Davis, Fair, Gadberry, Gist, Harllee, Henderson, Messrs. Honour, Jackson, Jenkins, John Kilgore, Kinard, Logan, Mclver, Magrath, Middleton, J. Izard Middleton, W. Moorman, O'Hear, Palmer, Parker, Porcher, 118 ' JOURNAL OF THE CONVENTION, Messrs. Pressley, Messrs. Simons, Richardson, F. D. Smith, Rutledge, . Spratt, Scott, Stokes, Seabrook, G. W., Sr. Wagacr. So the motion was agreed to. On motion of Mr. Bobo, leave of absence until "Wednesday next, was granted to Mr. Curtis, on account of important business. The Convention resumed the consideration of an Ordinance recom- mending and providing for a Convention of the Slaveholdiug States of the United States, to form the Constitution of a Southern Confederacy; and The Report of the Committee on Relations with the Slaveholding States of North America. Mr. Memminger moved to strike out. the resolutions reported by the Committee, and insert, in the form of resolutions, the Ordinance recommending and providing for a Convention of the Slaveholding States of the United States to form the Constitution of a Southern Confederacy. Mr. Ilayne moved that the Ordinance be ordered to lie on the table. On motion of Mr. Means, leave of absence, until Wednesday next, was granted to Mr. Lyles, on account of sickness in his family. On motion of Mr. DeSaussure, leave of absence, until Wednesday next, wsrs granted to Mr. Hopkins, on account of important business. On motion of Mr. Maxcy Gregg, the Convention was adjourned at half-past three o'clock, P. M. . B. F. ARTHUR, Clerk of the Convention. SATURDAY, DECEMBER 29, 1860. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. D. C. Appleby. SATURDAY, DECEMBER 29, 1860. 119 The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Appleby, • Atkinson, Barron, Barton, Beaty, Bellinger, Bethea, Bonneau, Brabham, Brown, A. H. Brown, C. P. Cain, Caldwell, Calhoun, Campbell, Cam, CaBroll, Caughman, Cauthen, Charles, Chesnut, , Cheves, Clarke, Crawford, Darby, Dargan, Davant, Davis, DeSaussure, Dunkin, DuPre, Easley, Ellis, . English, Evans, Fair, Messrs. Flud, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Gregg, Maxcy Grisham, Hanckel, Harllce, Harrison, Hayne, Henderson, Honour, Hunter, Hutson, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Landrura, Lawton, Logan, McCrady, Mclvor, McKee, 120 JOURNAL OF THE CONVENTION, Messrs. McLeod, Maxwell, Mayes, Mazyck, Meuiminger, MiddletoD, John Izard Middleton, Williains Moore, Moorman, Noble, Nowell, O'Hear, ^ Palmer, Parker, Perrin, Porcher, Pressley, Quattlebuum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Robinson, Rowell, Scott, Seabrook, G. W , Sr. Messrs. Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpso'n, Smith, Smyly, Snowden, Spain, . Spratt, Springs, Stokes, Thompson, R. A. Thomson, Thomas Tinimons, Tompkins, Wauuamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Wier, • - Wilson, I. D. .* Wilson, J. H. Wilson, W. B. Withers, Woods, Young. The journal of yesterday's proceedings was read. The President laid before the Convention the following communica- tion J which, on motion of j\Ir. Dunkin, was ordered to lie on the table: Collector's Office, Charleston, S. C, December 28, 18G0. Hon. D. F. Jamison, President of the Convention : Sir : I beg leave respectfully to inform the Convention, that, in obe- dience to the Ordinance passed on the 26th inst., all the officers at- tached to this Custom House, entered yesterday into the service of the State, and that I then commenced to receive duties and to transact all SATURDAY, DECEMBER 29, 1860. 121 other business as Collector of the State of South Carolina for the Port and District of Charleston. I have the honor to be, ^ Very respectfully. Your obedient servant, W. F. COLCOCK, Collector «/ South Carolina, for the Port and District of Charleston. Mr. Dunkin offered \^e following resolution : Resolved, That, until otherwise ordered, the Collectors of the ports in the State be authorized to receive payment of duties in bills of the Banks of this State. And, pending the consideration thereof, a m^sage was received from his Excellency the Governor ; ■ Whereupon, the Convention went into SECRET SESSION. The following communication was received from his Excellency the Governor, and was ordered to lie on the table : Executive Department, Charleston, 28 December, 1860. To Hon. D. F. Jamison, President of the Convention : Sir : As the Convention sent for me yesterday, to be informed upon important business, I take tlie occasion to say, that, under my order, Castle Pinckney was taken last evening ; and the United States flag hauled down, and the Palmetto banner run up iu its place. And I also ordered a detachment from syi artillery regiment to occupy Sulli- van's Island; and if it could be done without any immediate danger from mines, or too great loss of life, to take Fort Moultrie, and to run up the i'almetto flag, and put the guns iu immediate preparation for defence. I have now full possession of those two forts. I considered the evacuation of Fort Moultrie, under all the circumstances, a direct violation of the distinct understanding between the authorities of the Government at Washington and those who were authorized to act on the part of the State, and bringing on a state of war. I therefore thought it due to the safety oi the State that I should 16 122 JOURNAL OF THE CONVENTION, take the steps I have. I hope there is no immediate danger of further aggression for the present. • Respectfully, F. ^y. PICKENS. The Convention resumed the consideration of the following resolu- tion : Resolved, That until otherwise ordered, the Collectors of the ports in this State be authorized to receive payment ^ duties in bills of the Banks of this State. Mr. Cheves offered the following amendment, which, on motion of Mr. Reed, was ordered to lie on the table : Strike out the words* "bills of the Banks of this State," and insert "in such moneys as shall be receivable in payment of State taxes." Mr. Memminger offered the following amendment : Provided, That no bank notes be accepted by the Collectors which are below the par value of the notes of the Bank of the Stkte of South Carolina. ■ Mr. Chesnut moved that the amendment be ordered to lie on the table, which motion was not agreed to. Mr. F. 11. Wardlaw moved that the resolution be ordered to lie on the table, which motion was not agreed to. The amendment was agreed to; and the resolution as amended was agreed to, and was ordered to be made public. The President laid before the Convention a despatch from the Com- missioners at Washington. Mr. Simons offered the following resolution ; which was considered immediately, and was agreed to, and was ordered to be made public : Resolved, That the President of this Convention be, requested to transmit to his Excellency the Governor and to the General Assembly of this State, at its session, copies of the Ordinances which have been and may, from time to time, be adopted by this body. Mr. DeTreville offered the following resolution ; which, on motion of Mr. Harllee, was ordered to lie on the table, and to be printed : SATURDAY, DECIilMBER 29, 1860. 123 Resolved, That the Governor be authorized and requested forthwith to cause to be enlisted into the service of the State, for the term of six months, at such rate of compensation and emolument as is now allowed by the Federal Government to its infantry soldiers, two regi- ments of six hundred and forty privates each, -to be divided into eight companies each; and also that he do appoint suitable persons to com- mand the said regiments and companies, and supply all vacancies from time to time, subject to the approval of the Senate.* Resolved, further, 'J'hat aS soon as a sufficient number of companies shall be enlisted, officered and properly drilled, they be employed to relieve the volunteers now in possession of the forts in this State. Mr. Thomas Thomson offered the following resolutions, which were' considered immediately, and were agreed to: Resolved, That it shall be the duty of the Committee on Accounts to examine and report upon the accounts and contingent expenses of this Convention. Resolved, That whenever an appropriation therefor shall be made by the Legislature, the President of the Convention be authorized to draw his warrant, or warrants, on the Treasury, countersigned. by the Cashier or Deputy Cashier, for the payment of such accounts and contingent expenses as may be allowed by the Convention. Mr. Thomas Thomson, from the Committee on Accounts, made reports. On the account of P. B. Glass, for stationery ; and On the account of E. K. Stokes, for articles furnished and services rendered ; which were considered immediately, and were agreed to. Mr. Porcher presented certain accounts contracted by the Committee of Arrangements, for preparing the Hall for the Convention ; which were referred to the Commit[^<:|p on Accounts. On motion of Mr. Harllc leave of absence, till Tuesday next, was granted to Mr. Dargan, on oount of illness in his family. Mr. A. H. Brown offered the following Ordinance, which w.i3 ordered to be printed : That the judicial power heretofore delegated by this State, so as to form a part of the judicial system of the United States, having reverted to this State, be exorcised by the Courts of the State now established, until further direction. The right of appeal being preserved where the 124 JOURNAL OF THE CONVENTION, amount involved exceeds dollars. In all cases affecting am- bassadors, other public ministers and consuls, there shall be in all of the Courts as near a conformity as may be to the regulations and prac- tice now prevailing in the Courts of the United States; in all other cases, the practice shall conform to the practice of the Courts of the State. That the said Courts shall have power to appoint such officers under it as may be necessary in execution of the judicial power hereby con- ferred ; the laws of the United States wliich were in operation at the time of the secession of this State, concerning offences connected with the Post Office Department, the Pul lie Customs, or Seamen, and an Act of the Congress of the United States, entitled "An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes," approved March 3, 1825, shall be considered as laws of this State, until they may be altered or repealed ; all offences under the said laws shall be subject to the jurisdiction of the Courts of this State; in cases which, under the laws aforesaid, have heretofore been tried by a jury, the trial shall be by jury, accord- ing to the mode of jury trial which is of force in this State; in all cases of admiralty and maritime jurisdiction, in which the trial by jury has not been established, the form and mode of proceeding shall be such as have heretofore been in use in the Courts within this State that have heretofore ba5 cognizance of such cases. Blr. Miles offered the following resolution, which was considered immediately, and was agreed to : ResohpAl, That the late members of Congress from this State be ad- mitted to seats on the floor of the Convention at all times during its SPECIAL ORlWU. pv On motion of JMr. Khett, the Convent> i resumed the consideration of an Ordinance recommending and praviding for a Convention of the Slaveholding States of the United States to form a Constitution of a Southern Confederacy; and The report of the Committee on Relations with the Slaveholding States of North America. Mr. moved that the Ordinance be ordered to lie on the table; SATURDAY, DECEMBER 29, 1860. 125 and the question being put, will the Convention agree thereto? it passed in the affirmative. Yeas, 76; nays, 55. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are Messrs. Allison, Ayer, Barron, Barton, Beaty, Bellinger, Brabham, Brown, A. H. Cam, Carrol], Caughman, Charles, Chesnut, Cheves, Darby, DeSaussure, DeTreville, Duncan, DuPre, • Ellis, English, Finley, Foster, Gadberry, Geiger, Glover, Gourdin, T. L Harrison, Hayne, Henderson, Hunter, Ingram, Jackson, Jeflferies, Messrs. Johnson, Kershaw, Landrum, Logan, McCrady, Mclver, McKce, Manning, Maxwell, Mayes, Mazyck, Means, Middleton, J. I. Miles, Noble, Nowell, Perrin, " Pope, . Porcher, Prcssley, Quattlebaum, Rainey, Reed, Rhodes, Richardson, F. D. Sessions, Smyly, Snowden, Springs, Thompson, R. A. Thomson, Thomas Tompkins, Townsend, Wardlaw, D. L. 126 JOURNAL OF THE CONVENTION, Messrs. Wardlaw, F. H. Watts, .Wier, Wilson, I. D. Messrs. Wilson, J. H. Withers, Woods, Youoo:. Those who voted in the negative, are Hon. D. Messrs. Atkinson, Bethea, Bonneau, Brown, C. P. Burnet, Caldwell, Calhoun, Campbell, Cauthen, Clarke, Crawford, Da van t, Dunkin, Evans, Fair, Flud, Fraiupton, Furuian, Garlington, • Gist, Gregg, Maxcy Hanckcl, Harllee, Honour, Hutson, Jenkins, John Jenkins, J. E. F. Jamison, President j and Messrs. Kilgore, Kinard, Kinsler, Lawton, Magrath, Memminger, Moore, Moorman, O'Hear, Parker, Rhett, Richardson, J. P. Robinson, Rowell, Rutledge, Scott, Seabrook, (^. W., Sr. Shingler, J. M. Shingler, W. P. Simons, bimpson, ' Smith, Spain, Spratt, Timraons, Wagner, Wilson, W. B. So the motion was agreed to. The Convention proceeded to the consideration of the report of the Committee on the Slaveholding States of North America. Mr. Finley offered the following amendment : SATURDAY, DECEMBER 29, 1860. 127 And that if such proposition shall be accepted, that said Commis- sioners be authorized to propose to the said seceding States to appoint the day of February next, for the election of the President and Vice President of the Southern Confederacy by electors previously chosen by them ; and also to'appoint such times for the election of Senators and Representatives of the Government to be organized as ■will enable the said Government to be inaugurated at the City of in the State of , or such other place- as may be agreed on, and go into operation on the twenty-second day of February, in the year one thousand eight hundred and sixty-one. And that whenever the said Permanent Government shall be agreed on and be organized, the said Provisional Government, and all ofl&ces created under the authority of the said Government, shall utterly cease and be abolished. Mr. Maxcy Gregg offered the following as an amendment to the first resolution; which, on motion of Mr. Pressley, was ordered to lie on the table : That the President of the Convention be instructed to transmit to the Conventions of the People that maybe assembled in other Slaveholding States, copies of our Ordinance of Secession, v?ith a respectful invita- tion to them to join in the formation. of a Southern Confederacy. The first resolution was adopted. Mr. Fair moved that the second resolution be ordered to lie on the table; and the question being put, will the Convention agree thereto? it passed in the negative. Yeas, 56 ; nays, 73. The yeas and nays were demanded, and are as follows : Those who v6ted in the affirmative, are Messrs. Atkinson, Messrs. Campbell, Bcaty, Caughman, Bethea, Cauthen, Bonneau, Cheves, Brown, C. P. Clarke, Burnet, Dafby, Caldwell, Duncan, Calhoun, DuPrc, 128 JOURNAL OF THE CONVENTION, Messrs. English, Messrs. Moorman, Fair, Parker, Fiud, Perrin, Garlington, Porcher, Geiger, ' Kliett, Gist, • . llichardson, J. P. Gregg, Maxcy, Robinson, Hanckel, Rutledge, Harrison, Scott, Honour, Seabrook, G. W., Sr, Hutson, Shingler, J. M. Jackson, Simons, Jefferies, Simpson, Jenkins, John Smith, Kilgore, Snowden, Kinard, Spain, Kinsler, Spratt, Mclver, Wagner, Mazyck, Wardhiw, D. L. Middleton, J. Izard Wier. Those who voted in the negative, are Hon. ]). Messrs. Allison, Ayer, Barron, liartou, Bellinger, Brown, A. II. Cam, Carroll, Charles, Chesnut, Davant, DeSaussure, DeTreville, Duukin, • Ellis, Evans, F. Jamison, President; and Messrs. Finley, Foster, Fraiupton, Furman, Gadberry, -Glover, Grisham, . llarllee, Hayne, Hunter, Ingrauj, Jenkins, J. E. Johnson, Kershaw, Landruiu, Lawton, SATURDAY, DECEMBER 29, 1860. 129 Messrs. Logan, ; McKee, Magrath, Manning, Maxwell, Mayes, Means, Memminger, Miles, Moore, Noble, Nowell, O'Hear, ^ Pope, Pressley, Quattlebaura, Rainey, Reed, Rhodes, Richardson, F. D. Messrs. Rowell, Seabrook, E. M. Sessions, Shingler, W. P. Smyly, Springs, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamaker, Wardlaw, F. H. Watts, Wilson, I. D. Wilson, J. IT. Wilson, W. B. Withers, Woods, Youns:. So the motion was not agreed to. Mr. Maxey Gregg offered the following amendment to the second resolution, which was agreed to : • Provided, That the said Provisional Government, and the tenures of all officers and appointmefits arising under it, shall cease and determine, in two years from the first day of July next, or when a Permanent Governpient shall have been organized. Mr. INIaxcy Gregg offered the following amendment to the. second resolution : With the proviso that the basis of representation in Congress shall be the whole population, not excluding any part of the slaves. Mr. Reed moved that the amendment be ordered to lie on the table ; and the question being put, will the Convenfion agree thereto? it passed in the affirmative. Yeas, 109; nays, 22. 17 130 JOURNAL OF THE CONVENTION, The yeas and nays were demanded, and are as follows: Those who voted in the affirmative, are Hon. D. F. Jamison, President; and Messrs. Allison, Messrs. Garlington, Barron, Geiger, Barton, Glover, Beaty, Bellinger, Gourdin, R. N. Grisham, Bethea, Harllee, Bonneau, Harrison, Brown, A. H Hayne, Burnet, Honour, Caldwell, Hunter, Calhoun, Hutson, «•• , Campbell; Cam, Ingram, Jackson, Carroll, Jefferies, CaughmaDy Cauthen, Johnson, Kershaw, Charles, Kilgore, Chesnut;, Kinard, Cheves, Landrum, Clarke, Lawton, Crawfordy Logan, Darby, Davant, McCrady, Mclver, Davis, McKee, DeSaussure,, Magrath, DeTrevillC; Manning, Duncan, Maxwell, Dunkin, Mayes, Ellis, Means, English, Evans, Memminger, Miles, Finley^ Foster, Moore, Moorman, FramptOD, Furman, Noble, O'Hear, Gadberry, Perrin, SATURDAY, DECEMBER 29, 1860. 131 Messrs. Pope, Porcher, Pressley, Quattlebaum, Rainey, Reed, Rhett, Rhodes, Richardson, F. D. Richardson, J. P, Robinson, Rowell, Seabrook, E. M. • Sessions, Shingler, W. P. Simpson, Smyly, Snowden, Messrs. Spratt, Springs, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, Wannamaker, ' Wardlaw, F. H. Watts, • Wier, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Youtfg. Those who voted in the negative, are Messrs. Atkinson, Brown, C. P. DuPre, Fair, Flud, Gist, Gregg, Maxcy Hanckel, Jenkins, John Jenkins, J. E. Kinsler, Messrs. Mazyck, Middleton, John Izard Nowell, Parker, llutledge, Scott, Sea'brook, G. W., Sr., Shingler, J. M. Simons, Smith, Spain. So the motion was agreed to. Mr. Mazyck ofifered the following amendment, which was ordered to lie on the table : And with the distinct understanding and stipulation that such Pro- visional Government shall not be authorized to impose any duty on imports exceeding one-te»th of the value of the article imported, and that the power to regulate commerce shall be declared not to include the power to prohibit any branch of commerce. 132 JOURNAL OF THE CONVENTION, Mr. Pope offered the following aniendment to tUe third resolution, which was agreed to : « And that the same Convention of seceding States shall proceed forthwith to consider and propose a Constitution and plan for a Perma- nent Government for such States, which proposed plan shall be referred back to the several Slate Conventions for their adoption or rejection. Mr. Pope offered the following amendment : That eight Deputies shall be elected by ballot by this Convention, who shall be authorized to meet in Convention such Deputies as may be appointed by the other Slaveholding States who may secede from the Federal Union, for the purpose of carrying into effect the foregoing reso- lutions, and that it be recommended to the said States, that each State be entitled to one vote in the said Convention, upon all questions which may be voted upon therein ; and that each State send as many Depu- ties as are equal in nymber to the number of Senators and Eepresent- atives to which it was entitled in the Congress of the United States. Mr. moved that the amendment be ordered to lie on the table; and the question being put, will the Convention agree thereto ? it passed in the negative. Yeas, 52; nays, 79. The yeas and nays were demanded, and are as-follows : Those who voted in the affirmative,' are Hon. D. F. Jamison, President; and Messrs. Barron, Messrs. Foster, Bonneau, Gadberry, Carn, Garlington, Carroll, Geiger, Caughman, Glover, Chesnut, Gourdin, R. N. Cheves, Hayne, Darby, Ingram, Davis, Johnson, • DeSaussure, Kershaw, Duncan, Kilgore, . • Evans, Laudrum, Finley, M elver, SATURDAY, DECEMBER 29, 1860. 133 Messrs. McKee, • Messrs. Thomson, Thorn Manning, Tompkins, Mazyck, Wanuamaker, Means, Wardlaw, D. L. Middleton, John Izard Wardlaw, F^ H, Miles, • Watts, Moore, Wier, Noble, Wilson, I. D. Perrin, Wilson, J. H. Reed, Withers, Rhodes, Woods, Springs, Young, Thompson, R. A. Those who voted in the negative !, are Messrs. Allison, Messrs. Frampton, Atkinson, Furman, Ayer, Gist, Barton, Gourdin, T. L, Beaty,' Gregg, Maxcy Bellinger, Ilanckel, Bethea, Harllee, Brown, A. H. Harrison, Burnet, Honour, Caldwell, Hunter, Calhoun, Hutson, Campbell, Jackson, . Cauthen, Jefferies, Charles, Jenkins, John Clarke, Jenkins, J. E. Crawford, Kinard, Davant, Kinsler, DeTreville, Law ton, Dunkin, Logdn, DuPre, McCrady, Ellis, Magrath, . English, Maxwell, Fair, Mayes, Flud, MemmiDger, 134 JOURNAL OF THE CONVENTION, Messrs. Moorman, Messrs. Seabrook, G. W., Sr. Nowell, Sessions, O'Hear, Shingler, J. M. • Parker, Shingler, W. P. Pope, Simons, Porchcr, Simpson, Pressley, Smith, Quattlebaum, . Smyly, Rainey, Snowden, Rhett, Spain, Richardson, ,F. D. Spratt, Richardson, J. P. Timmons, Robinson, Townsend, Rowcll, Wagner, Rutledge, Wilson, W. B. Seabrook, E. M. . So the motion was not agreed to. The President laid before the Convention certain despatches from the Commissioners at Washington. On motion of Mr. DeTreville, the Convention proceeded to the con- sideration of the following resolutions : Resolved, That the Governor be authorized and requested, forthwith, to cause to be enlisted into the service of the State, for the term of six months, at such rate of ^compensation and emolument as is now allowed by the Federal Government to its infantry soldiers, two regi- ments of six hundred and forty privates each, to be divided into eight companies each ; and also that he do appoint suitable persons to com- mand the said regiments and companies, and supply all vacancies from time to time, subject to the approval of the Senate. Resolved, further, That as soon as a sufficient number of companies shall be enlisted, officered and properly drilled, they be employed to relieve the volunteers now in possession of the forts in this State. And, pending the 6onsidei;ation thereof, the Convention was adjourn- ed at four o'clock, P. M. B. F. ARTHUR, Clerk of the Convention. SUNDAY, DECEMBER 30, 1860. 135 SUNDAY, DECEMBER 30, 1860. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. J. C. Furman. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Atkinson, Ayer, Beaty, Bellinger, Bethea, Bonneau, Brabham, Brown, A. H. Brown, C. P. Burnet, Caldwell, Calhoun, Campbell, Carn, Carroll, Caughman, Cauthen, Charles, Chesnut,. Cheves, Clarke, Crawford, Darby, Davant, Davis, DeSaussurOj DeTreville, Duncan, Dunkin, DuPre, Messrs. Easley, ElUs, English, Evans, Fair, Finley, Flud, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Gourdin, R. N. •Gourdin, T. L. Gregg, Maxcy Grisham, Hanckel, Harllee, Harrison, Hayne, Henderson, Honour, Hunter, Hutson, Jackson, Jeflferies, Jenkins, John Jenkins, J. E. 136 JOURNAL OF THE CONVENTION, Messrs. Johnson, , Messrs. Richardson, F. D. Kershaw, Robinson, Kilgore, Rowel 1, Kinard, Seabrook, E. M. Kinsler, Seabrook, G. W., Landrum, Sessions, Lewis, Shingler, J. M. McCrady, Shinglei;, W. P. Mclver, Simons, McKee, Simpson, Magrath, Smith, Maxwell, Smyly, Mayes, Snowden, Mazyck, Spain, Means, Spratt, Memiuinger, Springs, Middleton, John Izard Stokes, Miles, Thompson, R. A. Moore, Timmons, Moorman, Tompkins, Noble, Townsend, Nowcll, Wardlaw, D. L. O'Hear, Wardlaw, F. H. Parker, Watts, Perrin, Wier, Porcher, Wilson, L D. Pressley, Wilson, J. H. Quattlebauni, Wilson, W. B. Rainey, Withers, . Rhett, AVoods, Rhodes, Young. Sr. The journal of yesterday's proceedings was read. The following communication was receiv.ed from his Excellency the Governor : • Executive Office, Charleston, December 30, 1860. To the President of the Convention : By an Ordinance of your body, transmitted to me, T am required to nominate immediately four gentlemen, as a Council of State. SUNDAY, DECEMBER 30, 1860. 137 I therefore hereby nominate to the Convention, for their confirma- 'tion : IIou. David F. Jamison, of Barnwell District; Hon. A. G. Magrath, of Charleston; Hon. C. G. Memmingor, of Charleston; and Hon. A. C. Garlington, of Newberry District. Respectfully, F. W. PICKENS. On motion of Mr. R. N. Gourdia, the Convention went into SECRET SESSION. Mr. Maxcy Gregg moved that the communication of his Excellency the Governor be ordered to lie on the table till to-morrow; which motion was not agreed to. Mr. Furman offered the following resolution, which was considered immediately, was agreed to, and, on motion of Mr. Fair, was ordered to be made public : Resolved, That so soon as this Convention shall have disposed of such questions as it may be necessary to the public safety to consider immediately, it will adjourn. On motion of iMr. DeTreville, the nomination bj his Excellency the Governor, of the {Executive Council, was confirmed ; And, on motion of Mr. Fair, was ordered to be made publie. Certain despatches from the Commissioners at Washington and othfers, were read. Mr. Miles offered the followinj; resolution, which was considered ini- mediately, and was agreed to:. Resolved, That it is the sense of this Convention that the vigor of military preparation and defence should not be relaxed ; and that a copy of this resolution be immediately communicated to the Governor. The Convention resumed Jhc consideration of the resolutions (offered by Mr. DeTreville) authorizing the Governor to cause two regiments to be enlisted in the service of the State. And, on motion of Mr. Chcves, it was Resolved, That these resolutions be referred to the Governor and Council, and be made the special order of the day for to-morrow, at eleven o'clock, A. M. 18- 138 JOURNAL OF THE CONVENTION, Mr. A. II. Brown offered the following resolutions : Resolved, That the Governor be advised to move or destroy the bea- cons on Sullivan's Island and Morris* Isl{iud, and on the Main of Christ Church, and also forbid the lighting of the lamps at the Liulit-House, Castle rinckney and at Battery Square, till furtlier directed, and to re- move the buoys. And he it further Resolved, That the Cutter in the service of the 8tate do receive on board a competent corps of experienced pilots, who shall be required to board all neutral vessels, and safely to conduct them into the port; and also safely to pilot out of the harbor such as may be duly authorized to put to sea, and that no other boats be permitted to act in this service or as pilots, till otherwise directed. And, pending the consideration thereof, the Convention was adjourned at half-past clcveu "O'clock, A. M. B. F. ARTHUR, Chrli of the Convention. MONDAY, DECEMBER 31, 1860. . • At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. T. R. English. •.• The Clerk called the roll, and the following delegates answered to their names : Mes%fs. Allison, Appleby, Atkinson, Barton, Beaty, Bellinger, Bcthea, . Bonneau, Brown, A. H. Burnet; Messrs. Cain, Caldwell, Calhoun, Campbell, Cam, • Ca rroll, Caughman, Cautheu, Charles, Chesuut, MONDAY, DECEMBER 31, 1860. 139 Messrs. Cheves, Messrs. Jenkins, J. E. Clarke, Johnson, Crawford, Kershaw, Darby, Kilgore, Davant, Kinard, Davis, Kinsler, DeSaussure, Landrum, Duncan, Lawton, Dunkin, Lewis, Dunovant, A. Q. Logan, DuPre, Mclver, Easley, McKee, Ellis, Maxwell, English, Mayes, Evans, Mazyck, Finley, Means, Flud, . Meinminger, Foster, Middlcton, John Izard Frampton, Middletou, Williams Furnian, Miles, Gadberry, Moore, ' Garlington, Moorman, Geiger, Noble, ■ Glover, Nowell, Gourdin, R. N. O'Hear, Gourdin, T. L. .Parker, Gregg, Jlaxcy Perrin, Gregg, William Porch er. Grisham, Pressley, Hanckcl, Quattlebaum, . Ilarllee, Rainey, Harrison, Rhett, Hayne, Rhodes, Henderson, Rowell, ■ Honour, Rutledge, Hunter, Scott, Hutson, Sessions, Jackson, Shingler, J. M. Jefferies, Shinglcr, W. P. Jenkins, John Sirapf'OD, • 140 JOURNAL OF THE CONVENTION, Messrs. Sims, Messrs. "Wardlaw, D. L. Smith, • Watts, Smyly, Wier, Snowden, Wilson, I. D. Spain, Wilson, J. H. Spratt, Wilson, W. B. Springs, Withers, Thompson, R. A. Woods, Timmons, * Young. Tompkins, The journal of yesterday's proceedings was read. On motion of Mr. R.N. Gourdin, the Convention went into SECRET SESSION. Mr. A. IT. IJrown asked and obtained leave to withdraw the resolu- tions offered by him yesterday. The following comniunication was received from his Excellency the Governor, and on mo'iion of Mr. DeTreville, the communication and the accompanying resolutions were made the special order of the day for this day. at eleven o'clock, A. M., in connection with the resolu- tions offered by Mr. DeTreville, on the same subject: Executive Department, 31 December, 1860. To the President and Delegates of the Convention : ^ I received the resolution in relation to raising and eplisting two regiments of infantry; and after full consultation with the Executive Council, I herewith enclose the resolutions we agreed to. And I most respectfully urge the adoption of the principles and plan suggested in the sjime as a measure well calculated to advance the public service. F. W. PICKENS. The resolutions referred to in the message of his Excellency the Governor are as follows : Resolved, That the Governor be authorized and requested forthwith ' to cause to be enlisted into the service of the State, for the term of MONDAY, DECEMBER 31, 1860. 141 twelve months, at suet rates of compensation and emolument as are now allowed by the Federal Government, one regiment of 640 privates, to be divided into eight companies, and that he appoint suitable persons to command the said regiment and .companies, and from time to time to supply vacancies, subject to the approval of the Senate; the said officers to be entitled to the same pay and emoluments as is allowed by the Federal Government to officers of similar grade in that service. And that the Governor be also authorized, whenever the public interest may, in his opinion, require it, to enlist for a period not exceeding twelve months, another regiment, with a like number of officers and privates, and like pay and emoluments, the officers to be appointed in the same manner as the former. 2. That the Governor be also authorized to appoint three or more engineers, and to organize a corps as soon as the same can be done ; the rank of the chief to be that of a captain of engineers, and the pay and emoluments to be the same as are allowed by the Federal Government to officers of the like employment and rank. 3. Resolved, further, That as soon as a sufficient number of com- panies shall be enlisted, officered and properly drilled, they be employed to relieve the volunteers now in the possession of the forts in this State. SPECIAL ORDER. On motion of Mr. DcTreville, the .Convention proceeded to the con- sideration of the communication of his Excellency the Governor, and the accompanying resolutions, together with the resolutions on the same subject oflFered by Mr. DeTreville; which had been made the special order of the day for this day, at eleven o'clock, A. M. On motion of Mr. DcTreville, the resolutions offered by Mr. Dc- Treville were ordered to lie on the table; and the resolutions accom- panying the message of his Excellency the Governor were taken up. Mr. Hanckel moved that the second "resolution be stricken out; which motion was not agreed to. On motion of Mr. Chesnut, the following words were added to the third resolution : "Or "otherwise, at the discretion of the Commander- in-Chief." On motion of Mr. Magrath, the first resolution was amended by add. ing : "And armed in such manner and for such service as the* Gover- nor may approve." Mr. DcTreville offered the following amendment, which was agreed to: ■ 142 JOURNAL OF THE COiSfVENTION, 4. That as soon as either of thq said regiments shall be organized, they shall be subject to such of the rules and articles of war at present known and used in the army of the United States, as may be approved by the Governor of this State. Mr. McCrady offered the following amendment to the first resolution ; which, on motion of Mr. E. M. Seabrook, was ordered to lie on the table : Strike out "for the term of twelve months," and insert in lieu there- of: "during the pleasure of the State, not less than one year nor more than five yoai's." The resolutions, as amended, were agreed to ; and a copy thereof transmitted to his Excellency the Governor. Mr. Williams Middleton offered the following Ordinance, which, on motion of Mr. CMiesnut, was referred to the Committee on Foreign Relations : Be it ordaincd,hy the Ptople of South Carolina, now met and sitting in Convention, That the Governor be and he is hereby empower- ed and instructed, in case of any attempt on the part of the Federal Government of the United States to coerce the Commonwealth of South Carolina, to i.ssue letters of marque and reprisal to all applicants for the same, against all vessels belonginfc^Jb. Messrs. Darby, Dargan, 4tM'f: Davis, DeSaussure, Duncan, Dunkin, DuPre, Ellis, English, Evans, Fair, Finlfey, ' Flud, Forster, Foster, Fur man, Garlington, Geigor^ Glover, Goodwin, Gourdin, R. N. FEIDAY, JANUARY 4, 1861. 167 Messrs. Gourdin, T. L. Grishatri, Hanckel, Harlleo, Harrison, * Ilayne, Henderson, Honour, Hopkins, Hunter, Hutson, Inglis, Jackson, Jcffcries, Jenkins, Joba Johnson, Keitt, Kershaw, g Kilgore, Kinard, Kinsler, Jiandruua, Liiwton, Lewis, McTver, McKee, jVIcLeod, Maiwell, Mazyck, Means, Meuiminger, Middleton, John Izard Middleton, Williams Moore, Nowcll, Palmer, Parker, Messrs. Perrin, . ■« ti¥ & f'X -**, Porcher, Quattlebuum, Raincy, Reed, Rhett, Rhodes, Rutledgc, Scott, Seabrook, E,,M. Seabrook, G. W., Sr. Shingler, J. M.# Shingler, W. P. Simons,' Simpson, Sims, Smith, Smyly, Spain, Springs, . Stokes, Thompson, R. A. Thomson, Thomas Tinmious, Tompkins, Wannaniaker, Wardlaw, J). L. Wardlaw, F. H. Wier, Williams,* Wilson, I. D. Wilson, J. H. Wilson, W. R. Withers, Woods, Young. The journal of yesterday's proceedings was read. • The President announced the following Coujmittec to call together * 168 JOURNAL OF THE CONVENTION, the Convention i« the event of the death or disqualification of the President : Messrs. B. F. Dunkin, D. L. Wardlaw. • R. ^Y. Barnwell, R. B. Rhett, W. W. Harllee. On motion of Mr. Dunkin, the Convention, went into * SECRET SESSION. « The President read to the Conventioa certain despatches, which, on ^motion, were comoiynicated to his Excellency the Governor. GENERAL ORDERS. • The Report of the Committee on Commercial Relations and Postal Arrangements, on a communication from his Excellency the Governor, in relation to drafts on the Treasury, was taken up. • Mr. 3Iazyck offered the following resolution : Resolved, That Mr. B. C. Pressley, late Assistant Treasurer of the United States, at Charleston, be, and he is hereby, instructed and re- quired to retain in his hands and ptpsession, until the further order of this Convention, all money receivQ^^by him on account of the United States before the withdrawal of this State from the Federal Union : Provided, that this order shall not extend to money received from Post Masters, whicli he shall be authorized to pay to mail cijntractors in South Carolina, on account of their contracts. Mr. Withers offered the following amendment, which was accepted by the mover of the resolution : , Whereas, it appears that certain funds are in the custody of B. C. Pressley, Esq., Assistant Treasurer of the United States, which do belong to that power j but, in consideration that thQ position of the United States towards South Carolina is equivocal, seeming, however, to this Convention, to wear the aspect of hostility rather than of peace : Resolved] therefore, that the said Sub-Treasurer be directed to hold such funds, subject to the further order of this Convention, to th« end, ^ that a proper account for said funds'will be made by this State, in con- ■ FRIDAY, JANUARY 4, 18G1. ' 1G9 nection with other property of the said United States in possession q^ this 3tate, upon a future final settleuoent with the said United States. On motion, the resolution and aniend«uent were ordered to lie on the tahle. Mr. Dunkin offered the following resolution, which was agreed to, and was transmitted to his Excellency the Governor: Resolved, That the interdict on the Assistant Treasurer in relation to drafts on funds in his hands be removed. The report of the Coiiluiittcc was ordered to lie on the table. SPECIAL ORDER. On motion of ^Mr. Finley, the Convention proceeded to the consid- eration of the following resolutions, which had been made the special order of the day for this day, at one o'clock, P. M. : Whereas, it is expedient that at the earliest practicable period, a Provisional Governmeiit should be organized for such of the slavehold- ing States of the United States of America, as shall secede from the Union of said States ; And, whereas, it is requisite, to this end, that prompt action should be taken on this subject by the Conventions of the seceding States; And, whereas, the p^n of a General (Convention, to set in motion a Provisional Government, may fail to effect the object proposed, either from being unacceptable to the Conventions o£ the other seceding States, or from the delay inciderft to said plan of procedure ; be it therefore* Resolved, That it be recommended to each of the Conventions of such of the said States as shall secede previous to the 9th day of Feb- ruary next, to elect at any time between the act of secession and the said 9th day of February, a I'resident and Vice President of the said Provisional Government, one of whom shall not be an inhabitant of the said seceding State ; and the persons having a majority of the votes cast in each of said Conventions, for the offices of I'resident and Vice President, shall be considered entitled to as many votes for said ofiSces in the Provisional Government, as the State thus voting was, while one of the United States, entitled to cast in the election of President and Vice President of the said United States; and that it be also recomniended to each of said Conventions, to elect at the same time 170 JOURNAL CF THE CONVENTION, aforesaid two SeDntorp, and as many Bcpn sentntivcs as the seceding State vras entitled to in the Conposs of the United States previous to the act of secession. And that the Senators and Eepreseotativcs thus elected shall assemble at ihe City of in the State of , on the loth day of February next, and then and there be organized as the Provisional Congress of the Southern Con- federacy, with the Constitution of the United States as a basis for said Provi.sioual Government, so far as the same may be applicable to such a Government'; and that it be also recommended to each of the said Conventions, to transmit the result of the.votcs cast for President and Vice Pretident, in a sealed certificate, signed by the President of said Convention, to the said Congress, so as to be received by them on the day of their assembling, directed to the President of the Senate and Speaker of the House of Eepresentatives ; and that on the day following, all of the votes received bo counted by them, in. the pxes- ence of the Senate and House of Eepresentativos, in Congress assem- bled, and tlie result declared; and the persons having the greatest number of votes for President and Vice President, shall be the Presi- dent and Vice President of the said Provisional Government, if such number be a majority 'of the whole number of votes cast; and if no persons have such majority, then the election for said offices shall bo made and conducted by the Senate. or House of Representatives, as the case may be, in like manner as is prescribed in the said Constitu- tion of the United States, for^he offices of Pi^sident and Vice Presi- dent of the said United States; and the persons elected to said offices, either by the said C«oventions, or by the Congress of the Southern Confederacy, shall hold the said offic(!s during the period for which the said Provisional Goveruuicnt shall continue to exist, and no longer. On motion of Mr. Pope, the resolutions were ordered to lie on the table. Mr. Simons, from the Committee on Engrossed Ordinances, made the following report, which was considered immediately, and was agreed to: The Committee on Engrossed Ordinances would respectfully report, that " the Declaration of the immediate causes which induce and justify the secession of the State of South Carolina iVom the FeUeral Union," lias been duly engrossed and enrolled, and having been signed by the President, aad attested by the Clerk of the CouveutioO; and the seal of FRIDAY, JANUAHY 4, 1861. 171 the State attached thereto, has been deposited in the ofSce of the Secretary of State. Your Coniinittee would further report, that they have authorized the Secretary of^tate to procure a suitable box for the proper security and preservation of the various Ordinances, Reports and Resolutions, which have been adopted, and directed to be engrossed by the Convention. Mr. Thomas Thomson presented the report of the Committee on Accounts on the account of A. J. Burke, for stationery; which was considered immediately, and was agreed to. *Mr. Thomas Thomson offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the Committee of Arrangements, from the Delegation of St. Philip and' St. Michael, be requested to take in charge for saf*e keeping the various articles purchased by the Convention for its use, until the further order of the same. GENERAL ORllfcRS. The following resclution was agreed to : Resolved, That the Convention proceed forthwith to ballot for eight Deputies, who shall be authorized to meet in Convention such Deputies as may be appointed by the other slaveholdiug States, who may secede from the Federal Union. • Whereupon, the Convention proceeded to ballotJ'or eight Deputies, provided for in the foregoing resolution. Mr. Miles, from the Committee on Foreign Relations, made tlie fol- lowing report, wtiich was considered immediately, and was agreed to: • The Committee on Foreign Relations, to whom were referred certain resolutions, directing the Governor to make known to Foreign Powers the separation of South Carolina from the Confederacy of the United States of America, beg leave to report : That they have considered the same, and recommend their adoption, with the following amendment to the first resolution : After the words " United States of America," insert the following: "and of the two Addresses setting forth the causes of the withdrawal of South Carolina from the Confederacy of the United States." Mr. Miles, from the Comn)ittcc on Foreign Relations, made the fol- 172 JOURNAL OF THE CONVENTION, lowing report, which was considered immediately, and was agreed to: The Committee on I'oreign Rchitiors, to whom was referred the Ordinance empowering the Governor of South*Carolina, in certain con- tingencies, to issue letters of marque and reprisal, beg leave to report: That they have duly considered the subject conunittcd to theru, and deem it inexpedient that this Convention should take any immediate action thereon. IMr. F. H. Wardlaw offered the following resolution, which was ordered for consideration lo-morrow : « Resolved, That upon any adjournment or recess of this Convention, the General Assembly, if ito session, be vested with full power to take care that the Commonwealth receive no detriment. On motion of Mr. Mclver, business was suspended at forfy-five minutes past one o'clock, P. M., until seven o'clock. P.. M. . 9 RECESS. The President resumed the chair. Mr. Cheves, from the Committee appointed to couni the ballots cast for Deputies, reported, that Mr. II. B. llhett received 92 votes; Mr. R. W. Barnwell, 78 votes; Mr. C. G. Memminger, 66 votes; Mr. W. P. Miles, 61 votes, and Mr. James Chesnut, Jr., 68 votes And that Messrs^ R. B. Rhett, R. W. Barnwell, C G. Memminger, W. P. Miles and James Chesnut, Jr., having received, respectively, a uiajcyity of the ballots cast, were consequently elected. On motion of Mr. Chesnut, the Convention proceeded to a second ballot for Deputief. Mr. Quattlebaum presented the report of the Committee on Printing, on a resolution providing for having photographed the Ordinance of Secession; which was ordered for coii.sideration to-morrow. On motion of Mr. Chesnut, the Convention went into SECRET SESSION. jMr. R. W. Barnwell, Mr. J. H. Adams, and Mr. J. L. Orr, Com- missioners to Washington, attended, and reported to the Convention the result of their mission, together with their correspondence with the President of the United States. FRIDAY, JANUARY 4, 1861. 173 Mr. Means offered the following resolutions : Resolved, Tliatthe thanks of this Convention arc due, and are hereby given, to our Commissioners for the able and faithful manner in which thej have discharged their trust. Resolved, That five thousand copies of their correspondence \fith the President be printed for general distribution. Mr. Furraan offered the following amendment to the first resolution : Resolmd, That this Convention is profoundly sensible of the wisdom and fidelity which have characterized the performance of the high functions with which the Commissioners to Washington were charged by this body. The amendmenl was agreed to; and the resolutions, as amended, wer5 agreed to. .^Ir. Mazyck offered the following resolution, which was considered immediately, and was agreed to : Resolved, That in consideration of the very important aid rendered to our Commissioners in advancing the object of their mission, by William. H. Trescot, Esquire, the Convention include him in the ex- pression of their profound sense of the n)eritorious services of the Cora- mission, and place him in all respects on the same footing as one of the Commissioners. Mr. Curtis, from the Committee appointed to count the ballots cast for Deputies to a Convention of the seceding States, reported, that Mr. L. M. Keitt, Mr. T. J. Withers and Mr. W. W. Boyce, had respec- tively received a majority of the ballots cast. . Whereupon, the President announced that Mr. L. M. Keitt, Mr. T. J. Withers and Mr. W. W. Boyce are duly elected. On motion, the injunction of secrecy was. removed from the Report of the Commissioners to Washington, except so much thereof as relates to their conversations with the President. Mr. Kershaw offered tl^e following resolution, which was considered immediately, and was agreed to.; and a copy thereof was sent to his Excellency the Governor : Resolved, That in referring to the Governor and Council for their action, certain resolutions providing for calling into service volunteer 174 JOURNAL OF THE CONVENTION, companies for a limited time, it was not intended by this Convention thereby to abrogate or impair the operation of the recent Act of the General Assembly, entitled, '* An Adt to provide an Armed Military Force." On motion of Mr. Pope, leave of absence was granted to ^Ir. Barn- well. Mr. Bobo offered the fulluwing resolution, which was considered im- mediately, and was agreed to: Resolved, That the President of this Convention be authorized to . draw warrants, countersigned by the Cashier, upon the Treasurer of the Ijower Division, for thepr diem and mileage of the members of this Convention, at the same rates as are allowed members of the General Assembly. ' Mr. D. L. Wardlaw oifered the following resolution, which was con- sidered immediately, and was agreed to : Jiesohrd, That Messrs. .Keitt and Miles, two of our late Ropresenta- tives in the Congress of the United States, be requested to prepare for publication a paper, setting forth exactly the understanding which sub- sisted between them and the President of the United States, and the circumstances which attended the forming of tliat understanding. Mr. Campbell offered tlie following resolution, which was considered immediately, and was agreed to : • Reaohed, That this Convention will adjourn to-niovrow, to meet at such time and [)lace as it may be convened by the President, under the provisions of the resolutions already passed. On motion of Mr. Withers, the Convention was adjuuruod at forty- five minutes past ten o'clock, P. M. B. F. ARTHUR, Clerk of die Convention. SATURDAY, JANUARY 5, 1861. 175 SATURDAY, JANUARY 5, 1?61. At the hour to wliich the Convention was adjourned, the President* took tlie chair, and 'the proceediugs were opened with prayer t)y Rev. J. M. Timmons. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Appleby, Ayer, . Barron, Barton, Bcaty, Bellinger, • Bethea, * Bobo, Bonneau, Brabham, Brown, A. H. Brown, C. P. Burnet, Cain, Caldwell, Campbell, Carn, Carroll, Cauiihman, Chesnut, Chevcs, Clarke, Curtis, Darby, Dargan, DcSaussure, DeTreville, Dunkin, DuPre, Ellis; • Messrs. English, Evans, Fair, Finley, riud, Forster, Foster, Furman, Garlington, Geiger, Gist, Goodwin, Gourdin, R. N. Gourdin, T. L. llanckel, Harllee, Harrison, Hayne, Henderson, Honour, Hopkins, Hutson, Inglis, Ingram, Jackson, JeflFerics, Jenkins, John Johnson, Kcitt, Kershaw, Kilgore, 176 JOURNAL OF THE CONVENTION, Messrs. Kinard, Kinsler, Lawton, Lewis, Jjyles, ^IcCrady, M elver, MeKee, ]\IcLood, Maxwell, Mazyck, Middlcton, John Izard Middlcton, Williams. IMoore, Noble, Nowell, O'llear, Palmer, Parker, Perrin, Quattlebaum, Rainey, Reed, Rowcll, Rutledge, Messrs. Seabrook, G. W., Sr. Shin-ler, J. M. Shiiider, W. P. Simpson, Siins, , Smith, Smyly, Snowden, Spain, Springs, Stokes, Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, Wardlaw, D. L. Wardlaw, F. H. Wier, Williams, Wilson, J. H. Wilson, W. R. Withers, Woods, . Youns:. Scott, The journal of yesterday's proceedings .was .read. The President laid before the Convention the following despatch : « New Orleans, January 3, 1861. To D. F. Jamtson, President of the Convention: New Orleans fully sympathises with Charleston in the perils to which she is exposed, and will not fail to support her when the occasion de- mands action. JOHN T. MONROE, Mayor. The President laid before the Convention the following communica- tion : January 2, 1861. Hon. D. F. Jamison, PresiJmt of the Conventio)i : Sir : Rev. Ileury D. Green, a raetubcr of the CotfveatioD, now at SATURDAY, JANUARY 5, 18G1. 177 home on leave of- Absence, is prevented by sickness from resuming at present his sent in tliat body. As his attending physician, I would say that his return just now would be highly improper. lie asks that the Convention will excuse him until his health improves. Very respectfully, • H. D. GREEN. On motion of Mr. Spain, Mr. Green was excused, in compliance with his request. Mr. Hutson presented an Ordinance to vest in the General Assembly the power to establish I'ostal Arrangements ; which was considered im- mediately, was agreed to, and was ordered to be signed by the Presi- " dent and the Clerk. On motion of Mr. Ilutson, the Ordinance was committed to the En- gr&ssing Committee. Mr. Kcitt oiTered the following resolution^ which was considered immediately, and was agreed to : Resohcd, That no officers in any forces, regular or volunteer, raised under order of this Convention, shall, by reason of anything in the Constitution of the State, be disqualified from holding a seat in either House of the General Assembly, or any other office in the State to which he has been, or shall be, appointed. On motion of Mr. Quattlebaum, Mr. A. Burt, Commissioner to Mis- sissippi, and Mr. A. P. Calhoun, Commissioner to Alabama, were in- vited to seats on the floor of the Conventrt)n. Mr. Curtis offei-ed the following resolution, which was considered . immediately, and was agreed to : Rewlvcd, That our late Commissioners to Washington be requested to prepare a written statement of the oral communications, to this body, connected with their recent attempts at negotiation with the President of the United States, for the delivery of the forts and other State property, and that said document be deposited with the President of this body, under the injunction of secrecy, until otherwise ordered by this body.. Mr. Quattlebaum, from the Committee on Printing, presented the • following report, which was considered immediately, and was agreed to: That they have placed in the hands of the Printers of the Conven- 23 178 JOURNAL OF THE CONVENTION, tion, the correspondence between the Commissioners of South Caroling and the President of the United States, of which -correspondence J5ve thousand copies have been ordered to be printed for the use of the Convention. The Comiaittee recommend that each member of the Convention be allowed twenty copies, and that the balance be distribu- ted under the direction 6f the Committee. They further recommend, that the manuscript be returned bj the printer to the Clerk of the Convention, as soon as possible, to be tran- scribed on his journal, and then deposited in the Secret' rj of State's office, with theseveral Ordinances of .this Convention. Mr. R. N. Gourdin offered the following resolution, which was con- sidered immediately, and was agreed to : Resolved, That the table, chair, and appurtenances used in Secession Hall on the evening of the 20th Decefuber, i860, for the signature of the Ordinanoe of Secession, be deposited, with ji memorandum of the same, after the tinal adjournment of the Convention, in the Legislative Library in the State House in Columbia. Mr. Thomas Thomson offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the Clerk, JMessenger, Doorkeeper, and Engrossing Clerks of this Convention, receive, severally, as compensation for their services tu this day, the same'rate of payment in proportion to the time they have served, as is allowed the same officers of the House of Repre- sentatives of this State; and the President of the Convention is au- • thorized and directed to issue his warrants upon the Treasury, in the manner already 'directed, for payment of said officers. Mr. Porcher presented the accounts of J. L. Barnwell, of F. L. Schouboe, and of P. Brady, for articles furnished, and services ren- dered, to the Convention; which were severally referred to the Com- mittee on Accounts. , , On motion of Mr. D. L. Wardlaw, it was Resolved, That our late Representatives in the Congress of the , United States, have leave to print the pap^r, whicl! they were, by SATURDAY, JANUARY 5, 1861. 179 resolution of this Convention, requested to prepare, if, in their opinion it shall become necesaarj. On motion of Mr. Spain, the Convention was adjourned at eleven o'clock, A. M. B. F. ARTHUR^ Clerk of the Convention. niOCLAMATlON. STATE OF SOUTH CAROLINA: . Know all Mm. hy ilieae Presents, That I, David F. Jamison, President of the Coaventiou of the People of South Caroliaa, assembled pursuant to an Act of the General Assembly, passed on the thirteenth day of November, in the year of our Lord oue thousand eight hundred and sixty, and which adjourned on the fifth day of January, one thou- sand eight hundred and sixty-one, by virtue of the authority vested in me by the said Convention, do hereby convoke the same, and by these presents do herewith summon the members of said Convention to re- assemble at Charleston, in the State aforesaid, at twelve o'clock, M., on the twenty-sixth day of March, inst. Given under my hand and seal, at Charleston, this thirteenth day of March, in the year of our Lord one thousand eight hundred and sixty-one, and in the eighty-fifth year of the sovereignty and iudc- pcndeuce of the State of South Carolina. D. F. JAMISON, President of the Conventio7i of the Pcoijle of South Carolina. Attest : B. F. AiiTiiuii, Clerk. SECOND SESSION TUESDAY, MARCH 26, 1861. Pursuant to the Proclamation of the President of the Convention, issued on the thirteenth day of March, one thousand eight hundred and sixty-one, the Convention of the People of South Carolina reassem- bled in St. Andrew's Hall, in the City of Charleston, on this day, at twelve o'clock, M. The President took 'the chair, and addressed the Convention as follows : Gentlemen : Acting under a resolution of the Convention, authoriz- ing your presiding officer to reassemble this body at such time and place as he might appoint, I have fixed this place, from whence tlie Convention adjourned, and the earliest practicable moment, for your meeting. . 'j.he chief object in calling you together, at this time, is to consider the Constitution of the Confederate States of America, which has been adopted and submitted to us by the Congress at Montgomery, with such other questions as the exigencies of our situation may require. The President also stated, that under another resolution of the Con- vention, authorizing the President to appoint the officers of this body, he had appointed D. W. Davis, Messenger, and F. L. Schouboe, Door- keeper, for the Convention. The proceedings were opened with prayer by Rev. J. G. Landrum ; after which the Clerk called the roll, and the following Delegates answered to their names : . Messrs. Adams, • ^Messrs. Ayer, Allison, Jiarnwell, Appleby, Barron, ^ Atkinson, Barton, 184 JOURNAL OF THjE CONVENTION, Messrs. Be;)tj, "Messrs. Geiger, ""'' Bellinger, Gi«t, Betbea, Glover, Bobo, Goodwin, ]5onneau, Gourdin, R. N. Brabham, Gourdin, T. L. Brown, A. H, Green, Brown, C. P. Gregg, Slaxcy Buchanan, ■ Gregg, William Burnet, Grisham, Cain, Haramond, Calhoun, Hanckel, Carn, Harllee, Carlisle, Harrison, Carroll, Hayne, Cauthen, Henderson, Charles, Honour, Chesnut, Hopkins, ' Cheves, Hunter, Clarke, HuLson, Darby, Inglis, Davant, Ingram, - DeSaussure^ Jefferies, DeTreville, Jenkins, John Duncan, Jenkins, J, E. Dunkin, Johnson, « Dunovant, A. Q. Kerfihaw, Dunovant, R. G. M-. Kilgore, DuPre, Kinard, Easley, Kinsler, Ellis, Land rum. English, Lewis, Evans, Logan, Fair,, Lyles, Flud, M elver, • Forster, McKee, . Foster, Magrath, Frampton, Manigault, Furman^ Manning, Garlington, Mauldin, TUESDAY, MARCH 26, 1861. 185 Messrs. Shingler, W. P. Simons, Sirapson, • Sims, Smith, • Smyly, Snowdcn, Spain. Spratt, Springs, Stokes, Thompson, R. A. Timmons, Tompkins, Townsend, Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Young, the last day of thftlast session. Convention the followinor communica- Messrs. Maxwell, Mayes, Mazyck, . Means, Middleton, John Izard Middleton, Williams Miles, Moore, Moorman, Noble, Nowell, O'Hear, Palmer, Parker, Perrin, Pope, Porcher, Pressley, • Quattlebaum, Kainey, Reed, Rhett, Rhodes, Richardson, F. D. Rowell, Scott, Seabrook, E. M. Seabrook, G. W., Sr., Shingler, J. M. The Clerk read the journal of The President laid before the tion : Convention of the Confederate States of America, Montgomery, Alabama, March 12, 1861. Hon. D. F. Jamison, Charleston : Sir: I herewith transmit to you, a pertified copy of the Constitution of the Confederate States of America, as it was finally adopted by the unanimous vote of the Convention, to be placed before the Stato Con- vention over which you preside, for its approval and ratification. 24 186 JOURNAL OF THE CONVENTION, It will be seen that the Convention here have confornied to the gene- ral wish of the people of these States, in odoptinp a Constitution upon the general principles of the Constitution of tlie United States. The departures from the provisions of that itfj-trunicnt have been suggested by the experience of the past, and are intended to guard against the evils and dangers which led to the dissolution of the late Union. This Constitution is now submitted, with confidence, to the State Conven- tions for their action. Respectfully, HOWELL COBB, President of the Convention C. S. A. On motion of Mr. Rhett, it was Ordered, That the communication be entered on the journal, and that five hundred copies of the communication and of the Constitution be printed. The President laid before the Convention the following comnninica- tiou ; which, on motion of Mr. Quattlebaum, was ordered to be entered on the journal : South Carolina, Abbeville, February, 186L Hon. D. F. Jamison, President: I have the honor to acquaint the Convention of the People of the State of South Carolina, that on. receiving my credentials, as Commis- sioner to the Convention of Mississippi, I proceeded iniuicdiately to the Capital of that kjtate, and made known to the Convention the objects of my mission. Among the results of that Convention, were the Ordinance of Seces- sion by that State, and certain rt.'>olutions ; and these, in cou)pliance with the request of the Convention, I transmitted to the Executive authorjty of this State. The action of the Convention of tiie Stdlo of Mi.ssis.sippi was prompt and fraternal, and is a noble rc.^pou.se to South Carolina — worthy of a great cause and u gallant people. It is duo to the lofty heroism dis- played by the State of Missi.s!sippi, that it be remembored she was the first of the sisterhood of Southern Sinits to recognize the Sovereignty and Independence of the State of South Carolina, and the first to rush TUESDAY, MARCH 26, 1861. 187 to her aid in her perilous struggle for the preservation and maintenance of the inestimable rights of the whole South. With high consideration, I have the honor to be Your obedient servant, ARMISTEAD BURT. Mr. W. P. Shingler offered tho following resolution, which was ordered for consideration to-morrow : Resolved, That it is the sense of this Convention, that all supplies of provisions and mail facilities, no^ allowed Major Anderson and-the garrison at Fort Sumter, should be immediately cut off. Mr. A. H. Brown offered the following resolution, which was ordered for consideration to-morrow, and to be printed : Resolved, That the People of South Carolina, in Convention assem- bled, cordially approve the election of Jefferson Davis to the Presidency, and Alexander H. Stephens to the Vice Presidency, of the Provisional Government of the Confederate States of America; and have entire confidence in their experience, patriotism and ability to shape and guide the destinies of the new Republic. Mr. Mazyck offered the following resolutioti, which was ordered for . consideration to-morrow : Resolved, That after printed copies of the Articles agreed upon by the Convention at Jlontgomcry as the Constitution of the Confederate States of America, shall ^lavc been furnished to the members of this Convention, any amendments which may be offered shall be considered in the order in which they arc proposed. Mr. Simons offered the following Ordinance, which was referred to the Committee on the Constitution of the State : AN ORDINANCE Declaratory of the true construction of an Ordinance entitled "An Or- dinance concprning Citizenship." Whirrnit, doubts have arisen whether, under the terms of the " Ordinance concerning Citizenship," passed on the 6r8t d«y of Janu- ary, in the year of our Lord one thousand cipht hundred and^sizty-one, i 188 JOURNAL OF THE CONVENTION, are included those persons •who were, at the date of the Ordinance of Secession, citizens of the State of South Carolina, but residing without the limits of the said State ; Now, therefore, we, the People of the State of South Carolina, in Convention assen)bled, do declare and ordain, and it is hereby declared and ordained, that all persons who were citizens of the State of South Carolina, at the date of the Ordinance of Secession, to wit : on the twentieth day of December, in the year of our Lord one thousand eight hundred and sixty, though not resident therein, are hereby declared to be, and to continue, citizens of the said State, until they shall have re-' nounced their allegiance thereto. * Mr. Manigault offered the following resolution, which was ordered for consideration to-morrow : Resolved, That the Constitution of the United States, adopted in 1789, be printed in parallel columns with the Constitution adopted by the Congress at Montgomery : On motion of ]Mr. Adams, the resolution to print the Constitution of the Confederate States of America was reconsidered ; and Mr. Adams offered the following resolution, which was considered immediately, and was agreed to : • Remhuil, That the Constitution of the United States, adopted in 1789, be printed in parallel columns with the Constitution adopted by the Congress at Montgomery. Mr. Magrath offered the following resolutions, which were seconded by Mr. Dunkiii, and inun/mows/y agreed to: Rcsolcnl, That this Convention receives, with deep regret, the intel- ligence of the death of Henry W. Conner, late one of its members. Resolved, That in the enlightened enterprise and patriotic devotion of Henry W. Conner, the St^te of South Carolina has recognized the qualities which have contributed to advance her material prosperity, and sustain her political independenpe. Resolved, That the Secretary of this Convention communicate these resolutions to the family of the decfased. Mr. L D. Wilson offered the following resolutions, which were unan- imoudy Agreed to : WEDNESDAY, MARCH 27, 1861. 189 Resolved, That this Convention have heard, with deep sensibility, of the death of Julius A. Dargan, a member of this Convention. Resolved, That we unite in sympathy with the family, to whom a copy of these resolutions be sent. * On motion of Mr. Withers, and as a further mark of respect to the memory of fhe deceased, the Convention was adjourned, to meet to- morrow, at twelve o'clock, M. B. F. ARTHUR, Clerk of the Convention. WEDNESDAY, MARCH 27, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. J. C. Furman. ' The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Barnwell, Barron, Barton, Beaty, Bellinger, Bethea, Bobo, Bonneau, Brabham, lirown, A. H. Brown, C. P. Burnet, Messrs. Caldwell, Calhoun, Campbell, Carlisle, Carn, Carroll, Caughman, Cauthen, Charles, Chesnut, Cheves, Clarke, Crawford, Darby, Davant, Davia, DeSaussure, 190 JOURNAL OF THE CONVENTION, rs. DeTrevUle, Messrs. Jenkins, John DuncaD, Jenkins, J. E. Dunkin, Johnson. Dunovant, A. Q. Kcitt, Dunovant, R. G. M. Kershaw, DuPrc, Kilgore, English, Kinard, Evans, Kinsler, Fair, Landrum, Flud, Lewis, Forstcr, Logan, Foster, Mclricr, FramptoD, jMcKee, Furniao, McLeod, Gadberry, Magrath, Garlington, Manigault, Gcigcr, Manning, Gist, Maxwell, Glover, Mayes, Goodwin^ » Mazyck, Gourdin, R. N. Means, (Sourdin, T. L. Middlcton, John Izard Green, Middleton, Williams ' Gregg, Maxcy Miles, Greggs William Moore, Gri.shara, Moorman, llauimond, Noble, Hanckel, Notrell, • Harllce, O'Hear, Harrison, Orr, Hayne, Palmer, Henderson, Parker, Honour, Perrin, Hopkins, Pope, • Hunter, Porehcr, Hutson, Pressley, Inglis, Quattlcbaum, Ingram,' Rainey, Jackson, Reed, Jefferies, Rhett, WEDNESDAY, MARCH 27, 1861. 191 Messrs. Rhodes, Richardson, ¥* D. Richardson, J. P. Robinson, Rowcll, Rutledge, Scott, Seabrook, E. M. Sessions, Shingler, J. "M. Shingler, W. P. Simons, Simpson, Sims, Smith, , Smylj, Snowden, Spain, Spratt, Springs, Messrs. Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wagner, Wannamaker, Watdlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Williams, * Wilson, I. D. Wilson, J. II. Wilson, W. B. Withers, Woods, Young. The journal of yesterday's proceedings was read. Mr. Rhett read to the Convention a resolution adopted by the Con- gress of the Confederate States, at Montgomery; and Mr. Rhett offefed the following resolution : • Resolved, That when the Constitution of the Confederate States is taken up for consideration, it shall be considered in- secret session ; and the President of the Convention is hereby authorized and required to employ two competent stenographers to report the debates and proceed- ings which shall take place on said Constitution. Pending the discussion thereof by Mr. Maxcy Gregg, Mr. E. M. Seabrook rose to a question of order. The President decided the discussion in order. Whereupon, Mr. Barnwell appealed from the decision of the Presi- dent ; and, the question being put, will the Convention sustain the de- cision of the Chair ? it passed in the negative : Yeas, 30; nays, 119. The yeas and "nays were demanded, and are as follows : 192 JOURNAL OF THE CONVENTION, Those who voted ia the aflSrmative, are lion. D. F. Jamison, President; and Messrs. Kinsler, McLeod, Messrs. Adams, Allison, Appleby, Atkinson, Bonneau, Brabham, Brown, C. P. Burnet, Caldwell, Calhoun, Clarke, Darby, • X Evans, Flud, ' Gregg, ]Maxcy Henderson, Jenkins, John Jenkins, J. E. Kershaw, Those who voted in the negative, are Manigault, Mazyck, Middleton, John Izard Middleton, Williams Moore, Nowell, O'Hear, Rutledge, Scott, Shingler, J. M. Simons, Smith, Snowden, Spratt, Wagner, Wardlaw, F. H. Williams. Messrs. Ayer, Barnwell, Barron, Barton, Beaty, Bcthca, Bobo, Brown, A. II. Cain, Campbell, Carn, Carlisle, Carroll, Caughman, Cauthen, Messrs. Charles, Chcsnut, Chcves, Crawford, Da van t, Davis, DeSaussure, DeTreville, Duncan, Dunkin, Dunovant, A. Q. Dunovant, R. G. M. DuPre, , Easley, Ellis, • WEDNESDAY, MARCH 27, 1861. 193 Messrs. English, Messrs. McKee, Fair, Magrath, Forster, Manning, Foster, Maxwell, Frampton, ^layes. Furnian, Means, . Gadberry, Miles, Garlington, Moorman, Geiger, Noble, Gist, Orr, Glover, Palmer, Goodwin, Parker, Gourdin, R. N. Perrin, Gourdin, T. L. Pope, ■ Green, Porcher, Gregg, William Pressley, Grishara, Quattlcbaum, Hammond, Raiuey, Hanckel, Reed, Karllee, Rhett, Harrison, Rhodes,- Hayne, Richardson, F. D. Honour, Richardson, J. P. Hopkins, Robinson, Hunter, Rowell, Hutson, Seabrook, E. M. Inglis, Sessions, Ingram, Shingler, W. P. Jackson, Simpson, Jefferies, Sims, Johnson, Smyly, Keitt, Spain, Kilgore, Springs, Kinard, * Stokes, Landrum, Thompson, R. A. Lewis, Thomson, Thomaa Logan, Timmons, Ljles, Tompkins, McCrady, Townsend, McTver, 25 Waoaamaker, 194 JOURNAL OF THE CONVENTION, Messrs. Wardlaw, D. L. Watts, Wier, Wilson, I. D. Wilsou, J. H. Messrs. Wilson, W. B. Withers, Woods, Mr. John Izard Oliddleton offered the following amendment, which, on motion of ]\Ir. lleed, was ordered to lie on the table : R£solvc(I, That our Delegates to Montgomery be heard in secret ses- sion in relation to the discussions on the subject of the Constitution for the Confederate States of America. • On motion of Mr. Fair, the resolution was amended by striking out the words : " and the President of the Convention is hereby authorized and required to employ two competent stenographers to report the de- bates and proceedings which shall take place on said Constitution." The question being put, will the Convention agree to the resolution ? it passed in the affirmative : Yeas, 129 ; nays, 29. The yeas and nays were demanded, and are as follows : ' Those who voted in the affirmative, are Hon. D. Messrs. Allison, Atkinson, Ayer, Barnwell, Barron, ]Jarton, 'Beaty, • Bellinger, Bethea, Bobo, .Brabham, Brown, A. H. Cain, Caldwell, Calhoun, Campbell, Cam, F. Jamison, President ; and Messrs. Carlisle, Carroll, Caughman, Cauthen, Charles, Chesuut, Cheves, Clarke, Crawford, Davis, DeSaussure, DeTreville, Duncan, Dunkin, Dunovant, A. Q. Dunovant, R. G. M. DuPre, WEDNESDAY, MARCH 27, 1861. 195 Messrs. Easley, Messrs. McKeo, Ellis, McLeod, English, Magrath, Fair, Manning, Flud^ ■ -Vaswell, Forster, Mayes, Foster, Means, Frampton, Miles, Fur man, Moore, Gadbcrry, Moorman, Garlington, Noble, Geiger, Nowell, Glover, O'Hear, Goodwin, Orr, Gourdin, R. N. Palmer, Gourdin, T. L. Parker, Green, Perrin, Gregg, William Pope, Grisham, Porcher, Hammond, Quattlebaum, Hanckel, Rai&ey, Harllee, Reed, Harrison, Rhett, Hayne, Rhodes, Honour, Richardson, J. P. Hopkins, Robinson, Hunter, Rowell, Inglis, Scott, Ingram, Seabrook, E. M. . Jackson, Sessions, Jefferies, Shingler, J. M. Johnson, Shingler, W. P. Keitt, Simpson, Kilgore, • Sims, Kinard, Smyly, Landiura, Snowden, Lewis, Springs, Logan, Stokes, Lyles, Thompson, R. A. McCrady, Thomson, Thomas I 196 JOURNAL OF THE CONVENTION, Messrs. Timmons, Tompkins, TowDsend, Wanuaiiiakcr, Wardlaw, D. L. Watts, Whitner, Messrs. "Wicr, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Young. Those who vote^ in the negative, are Messrs. Adams, Bonneau, Brown, C. P. Burnet, Darby, Davant, Evans, Gist, Gregg, Maxcy Henderson, Hutson, Jenkins, John Jenkins, J. E. Kinslcr, Mclvcr, Messrs. Manigault, Mazy ok, Middleton, J. Izard Middleton, W. Pressley, Richardson, F. D. Rutledge, Simons, Smith, • Spain, Spratt, Wagner, Wardlaw, F. H. Williams. So the resolution was agreed to. Mr. James Conner, Delegate from St. Philip's and St. Michael's, elected to (ill the vacancy occasioned by the death of Mr. H. W. Con- ner^ appeared at the Clerk's desk, produced his credentials, signed the roll, and took his seat. The President laid before the Cunventiou the following communica- tions, which were severally ordered to be entered on the journal : ? Charleston, March 27, 1861. To the Hon. D. F. Jamison, President of the Convention of S. C. : Dear Sir: Having been honored, on the 1st January last, with an appointment to present to the people of Florida, in Convention assem- bled, a copy of the Ordinance of Secession, and of a plan for a Provi- WEDNESDAY, MARCH 27, 1861. 197 sional Government, adopted by this Convention, I have tlie honor to report : That I started at once upon my mission, and arriving at Tallahassee, Florida, where the Convention was then in session, and exhibiting my credentials, I was invited to appear before the Convention, and deliver my communications. This invitation was complied with, as soon as I was advised of the readiness to receive me, and I have the pleasure to report that I was heard with respect. That soon thereafter, the Con- vention adopted an Ordinance of Secession, and concurred with this Convention in the plan for a Provisional Government proposed. Offi- cial copies of these Acts were furnished me, under the order of the Convention, and returning to Charleston, I placed the same in the hands of the Honorable Secretary of State for South Carolina. , With great respect, I am. Your obedient servant, L. W. SPRATT. Charleston, March 27, 1861. Hon, D. If. Jamison, President of the Convention of the People oj South Carolina: Sir : I have the honor to report, that in obedience to the expressed wish of the Convention, I was in attendance on the Convention of the people of Arkansas, which asseMibled at Little Rock, on the 4th inst. I communicated to that body the papers entrusted to my charge, and regret to state, that I have not received any official response. Respectfully, * , • - A. C. SPAIN. Anderson, 7th Felruary, 1861. Hon. D. F. Jamison : Sir: As Commissioner from this State to the Georgia Convention, I have the honor to report, that I proceeded to Milledgeville, and, upon its ofgauization, I addressed the enclosed conimunigation to the Coii- ventiou. I was invited to address the Convention in exjflanation of the objects and purposes of my mis.sion, and I accepted the invitation. The final action of the body has already been communicated to the public. The decisive and unanimous voice of the great State of nrby, Cain, I'.'ivant, Caldwell, DeSauwure, Calhoun, £t»iis, 208 JOURNAL OF THE CONVENTION, Messrs. Flud, Forstcr, Messrs. Moorman, Frainpton, Furiuan, Gist, Glover, Gourdin, R. N. Gregg, Maxcy Henderson, Inglis, Jenkins, John Keitt, Kershaw, Kinsler, M elver, McLeod, ^lagrath, Manigault, Mazyck, Middleton, John Izard Middleton, Williams Noble, Nowcll, O'llcar, Palmer, Pressley, Rhett, Richardson, F. D. Rutledge, Scott, Seabrook, E. M. Shingler, J. M. Simons, Smith, J. J. P. Snowden, S^in, ^pratt, Stokes, Wagner, Wilson, J. H. Those who voted in the negative, are Messrs, Allison, Atkinson, RariiwcU, Barron-, Barton, Beaty, Betliea, Bobo, Brabham, Brown, A. H. Carlisle, Caughman, Cauthen, Charles, Clteves, Conner, Messrs. Crawford, Davis, BeTreville, Duncan, Dunkin, Dunovant, A. Q. DuPre, Ellis, • English, Fair, Foster, Garlington, Geiger, Goodwin, Gourdin, T. L. Green, THURSDAY, MAKCH 28, 1861. 209 Messrs. Grepjf^, William Messrs. Pope, Oris ham, Porch er, Hammond, Quattlebaum, * Kanckel, Rainey, Harrison, Reed, Hajne, Rhodes, Plonour, Robinson, Hopkins, Rowell, Hunter, Sessions, Ingram, Shingler, W. P. Jcfferies, ' Simpson, Jenkins, J. E. Siins, Johnson, Smith, Thomas Kilsxorc, Smyly, Kinard, Springs, Land rum, Thompson, R. A. Lewis, Timmons, Logan, Tompkins, Lyles, Townsend, McCrady, Wannamakcr, McKce, Wardlaw, D. L. Manning, Wardlaw, F. H. MauWin, Watts, Maxwell, Whitner, Mayes, Wier, Means, Williams, Miles, Wilson, I. D. Moore, Wilson, W. B. Orr, Withers, Parker, Woods, Perrin, . Young. So the resolutions were not received. Mr. Pope offered the following resolution, which was ordered for consideration to-morrow : Rr^ohrd, That all amendments in the shnpc of resolutions or Ordi- nances, to be proposed to the Constitution submitted to (his Convention for the Confederate States, be offered in secret session ooly. 210 JOURNAL OF THE CONVENTION, On motioA of Mr. Cam, it was* • Ordcrcff, That when this Convention adjourns, it shall be adjourned to meet to-morroW, at twelve o'clock, M. , Mr. D. L. Wardlaw offered the following resolution, which vyas made , the special order of the day for to-morrow, at twelve o'clock, M. : Jicsn/icd, That a motion to sit with closed doors be a privileged mo-^- tiou, which may be made whenever a motion to take a recess might be^^r Mr. F. H* Wardlaw proposed to introduce certain resolutions ; Mr. John Izard Middletou objected ; and the question being put, will the Convention now receive this? it passed in the negative: Yeas, 1 ; nays, 144. The yeas and nays were demanded, and are as follows : Mr. F. II. Wardlaw voted in the affirmative ; and those who voted . in the ncsrative, are Hon. Messrs. Adams, Allison, Atkinson, Ayer, Barron, Barton, Beaty, Bellinger, Bethea, Bobo, Bonneau, Brabham, Brown, A. II. Brown, C. P. Burnet, Cain, Caldwell, Calhoun, Campbell, Carlisle, Carn, D. F. Jamison, President, and Messrs. Carroll, Caughman, Cauthen, Charles, , Chevcs, Clarke, Conner, Crawford, Darby, Duvant, Davis, DoSau.s.sure, DeTroville, Duncan, Dunkin, Dunovant, A. Q. , Dunovant, 11. G. M. DuPre, Ellis, English, Evans, THURSDAY, MARCH 28, 1861. 211 Messrs. Flud, Forster, Foster, Frampton, Furman, Gadberry, Garlington, Geiger, Gist, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Gi^cu, Gregg, Maxcy Gregg, William Grisham, Hammond, Hanckel, Harrison, Hajne, Henderson, Honour, Hopkins, Hutson, Inglis, Ingram, Jackson, Jeflferies, Jenkins, John Jenkins, J. E. Johnson, Kershaw, Kilgore, Kinard, Kinsler, Land rum, Logan, Lyles, McCrady, Messrs. Mclver, McKee, McLcod, Magrath, Manigiyilt, Manning, Mauldin, Maxwell, Mayes, Mazyck, Means, Middleton, John Izard Middleton, Williams. JlocSrc, Moorman, Noble, Nowell, O'Hear, Orr, Palmer, - Parker, Perrin, Pope, Porch er, Pressley, Quattlebaum, Rainey, Reed, Rhodes, Robinson, Rowell, Rutledge, Scott, Seabrook, E. M. Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Sims, 2%^ JOURNAL OF THE CONVENTION, Messrs. Smitb, J. J. P Messrs. Townsend, Suiitli, Thomas Wannamaker, Siuyly, - AVatts, Snowden, Whitner, Spain, Wier, Spratt, • "VVilliams, Springs, Wilson, I. D. Stokes, Wilson, J. H. Thompson, R. A. Wilson, W. B. Timmons, Woods. Tompkins, So the resolutions were not received. On motion of Mr. McCrady, leave of absence was granted to Mr. Cauthen, on account of sickness in his famil}-. On motion of Mr. Rhett, the Convention was adjourned at three o'clock, P. M. B. F. ARTHUR, C/er/c of (he Convention. FRIDAY, MARCH 29, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. J. J. Wannamakcr. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Messrs. Bethea, Allison, Bunncnu, Appleby, Brabham, Atkinson, Brown, A. H. Aycr, Brown, C. P. Barnwell, Burnet, Barron, Cain, Barton, Caldwell, Beaty, Calhoun, FRIDAY, MARCH 29. 1861. 213 Messrs. Carlisle, Carn, Caughman, Cliesnut, Cheves, Clarke, • Conner, Crawford, Darby, Davant, Davis, , . DeSaussure, DeTreville, Duncan, Dunovanl, A. Q. Dunovant, R. G. M. DuPre, Easley, Ellis, English, Evans, Fair, Find, Forster, Foster, Frampton, Furmaa, Gadberry, Garlingtbn, Geiger, Gist, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Green, Gregg, Maxcy Gregg, William Grisham, HammoDd, MessVs. Harllee, Harrison, Hayne, Henderson, Honour, Hopkins, Hunter, ^ Hutson, Inglis, Ingram, Jack.son, JeflPeries, Jenkins, John Jenkins, J. 'E. Johnson, Kcitt, Kershaw, ^ Kilgore, ' Kinard, Kin.'^Jer, Land rum, Lewis, Logan, Lyles, Mclvcr, McKee, McLeod, Magrath, Mauldin, Maxwell, Mayes, Means, MiddIf(oD, John Tzard Middleton, Williams Miles, Moore, Noble, Nowell, • . O'Hcar, Urr, 214 JOURNAL OF THE CONVilNTION, Messrs. Palmer, Parker, Perrin, Pope, Porchor,. Quattlebaum, Painey, llbctt, Rhodes, Robinson, Rowell, Rutledge, Scott, Seabrook, E. M. Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Sims, Smith, Thomas Smith, J. J. P. Messrs. Smyly, Suowden, Spain, Spratt, Springs, Stokdfe, Thompson, R. A. Timmons, Tompkins, Wannamaker, Wardlaw, D. L. Wardhiw, F. H. Watts, AVhitner, Wier, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, . Woods, Young-. The journal of yesterday's proceedings was read. The President announced that Mr. James Conner is added to the Committee on the Constitution of the State; and that Mr. Tl^omas Smith is added to the Committee on Commercial Relaiions and Postal Arrangements. Mr. Jolin Izard Middlcton offered the following resolutions: 1. Resolved, That the true policy of South Carolina consists in the establishment of free trade, and her people never will consent to yield obedience to any government that violates a policy so essential to their prosperity. 2. Resolved, That it is indit^pensable to the succe.^s of our agricul- ture, and the profitable development of the mechanic arts amongst us, that the labor markets of the world should be open to us. 3. Resolved, That the right of self-government by the people of this State was acquired through the Revolution of 1776, and ought never to be held subject to the limitatipns of a government national in its character, whilst it would be perfectly safe under a Federative system. FRIDAY, MARCH 29, 1861. 215 4. liesolved, That all attempts to mingle, with any good result, National and Federal systems have proved abortive, and will always be followed by unhappy consequences, and arc therefore to be avoided. 5. Resolved, That a slavcholding community that allows itself to be governed or controlled, in any particular, by a non-slaveholding com- munity, must be alike blind to what is essential to its honor, its inter- ests; its safety, and the happiness of its people. 6. Resolved, That the permanent Constitution of the Confederate States of America, agreed upon at Montgomery, Alabama, and recom- mended to our acceptance, not permitting to us the establishment of the policy of free trade,' taking out of our hands (employed, as we are, in the cultivation of semi-tropical products,) the control of our supply of labor, by a positive prohibition, giving us no efficient guaranty of the right and power of seli-goverriment at home, mingling, as it does, -the National and Federative sy-stems, and permitting the eventual accession of Anti-Slavery communities to our Confederacy by the ab- sence of a constitutioital prohibition, cannot be accepted by South Carolina, unless it be amended in all of the particulars above specified. SPECIAL ORDER. iPending the reading of the resolutions, ou motion of Mr. D. L. Wardlaw, the. Convention proceeded to the consideration of the follow- ing resolution, which had been made the special order of the day for this day, at twelve o'clock, M. : Resolved, That a motion to sit with closed doors be a privileged mo- tion, which may be made whenever a motion to take a recess might be ; And, pending the consideration thereof, on motion of Mr. Jveitt, the Convention went into w SECRET SESSION. ^. i\ .. The Convention resumed the consideration of the following resolu- tion : Resolved, That a motion to sit with closed doors be a privileged mo- tion, which may be made whenever a motion to take a recess might be. Two-thirds of the members present having voted in- the affirmative, the resolution was agreed to. 216 JOURNAL OF THE CONVENTION, The Convention proceeded to the consideration of the Constitution of the Confederate States of America. The Constitution wsus read by the Clerk. • Mr. D. L. Wardlaw offered the following resolution : The Constitution having been read, Rcnolved, That in the further consideration of the instrument, observations from any member shall be heard in reference to any part of it ; but no question on it shall be taken unt'ii the question of ratification or rejection shall have been decided. If ratified, suggestions of amendment may be afterwards considered and disposed of. If rejected, the conditions upon which it might be accepted may be considered. Mr. Furman offered the following amendment : Resolved, That in the consideration of the Constitution, and before proceeding to vote upon the question of ratification, the opportunity shall be afforded for the presentation of proposcfd clianjres in the Con- stitution j which changes, if they shall be approved by this Convention, shall, in case the Constitution shall be ratifiod by thi.s body, be proposed to the Congress of the Confederate States as amendments demanded •'^Ipy the State of South Carolina. Mr. Hutson moved to lay the resolution and the amendment on the table J and the question being put, will the Convention agree thereto? Messrs. Adams and Mcaus were appointed tellers : Yeas, 67 ; nays, 84. So the motion was not agreed to. Mr. Orr moved that the amendment be ordered to lie on the table; and the question being put, will the Convention agree thereto ? it passed in the affirmative : Yeas, 101; nays, 60. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, arc Hon. D. F, Jamiso.v, President; and Messrs. Allison, Messrs. Beaty, Appleby, 15ethca, Barn well, J5obo, Barron, Brabham, Barton, Carn, FRIDAY, MARCH 20; 18G1. 217 Messrs. Caugbman, Chcsnut, . Cenner, Crawford, Darby, DeSaussure, DeTreville, Duncan, Dunldn, J)unovant, A. Q. Dunovant, R. G. M. . Easley, KUis, Englisb, Evans, Foster, Gradberry, GarlingtoD, Geiger, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Green, Gregg, William Grishain, Hammond, Harllce, Harrison, Henderson, Honour, , Hopkins, Hunter, Ingram, Jackson, Jefferies, Jenkins, J. E. Jobnson, Keitt, Kinard, 28 Messrs. Landrum, Lewis, Lyles, McCrady, McKee, Magratb, Manning, , Mauldin, Maxwell, Mayes, Means, Moore, Noble, Orr, Parker, . Perrin, Porcber, Pressley, Quattlebaum, Rainey, Reed, Rbett, Ricbardson, J. P. Robinson, Howell, Sessions, Sbingler, J. M. Shingler, W. P. Simons, Simpson, Sims, Smyly, Springs, Stokes, Thompson, R. A. Thomson, Thoroarf Tompkins, Wagner, Wannamakcr, Wardlaw, D. L. 218 JOURNAL OF THE CONVENTION, • Messrs. Wardlaw, F. H. . Watts, Whitner, Wicr, * Wilson, I. D. Messrs. Wilson, J. H. Wilson, W. B. Withers, Woods, YoUDf;. Those who voted in the negative, are Messrs. Adamp, Atkinson, Bellinger, Bonneau, Brown, A. H. Brown, C. P. Burnet, . Cain, Caldwell, Calhoun, Campbell, • Carlisle, Carroll, Charles, Chcves, Clarke, Davant, Davis, DuPre, Fair, Flud, Forster, Frampton, Furman, Gist, Gregg, Maxcy Hanckcl, Hayne, Ilut^on, Inglis, Messrs. Jenkins, John Kershaw, « Kilgore, Kinsler, Logan, Mclver, McLeod, Manigault, Mazyck, Middlcton, John Izard Middleton, Williams Miles, Moorman, Nowell, O'PIear, Palmer, Pope, • Ehodes, Richardson, F. D. Rutledgc, Scott, Seabrook, E. M. Smith, J. J. P. Smith, Thomas , Snowdcn, Spain, Spratt, Timmons, T».wnscnd, Williams. So the motion was agreed to. FRIDAY, -MARCH 29, 1861. 219 Mr. Cheves moved that the resolution be ordered to lie on tho tablel- and the question being put, will the Convention agree thereto ? it passed iu the negative. Yeas, 61; nays, 100. • The yeas and nays were demanded, and arc as follows : Those who voted in the affirmative, arc Messrs. Bellinger, Bonneau, !yrowu, A. H. Brown, C. P. Burnet, Cain, Caldwell, Calhoun, Campbell, Carroll, Caughman, Cheves, Clarke, Davant, Davis, Duncan, Dul^re, Evans, Fair, . riud, Forster, Frampton, Furniau, Garlington, Gist, Gourdin, R. N. Gregg, Maxcy, Hutson, Inplis, JeflfcricH, Jenkins, John Messrs. Jenkins, J. E. Kershaw, Kilgore, Kinsler, M elver, McKec, McLcod, Manigault, Mazyck, Middleton, John Izard Middleton, Williams Miles, Moore, Moorman, Nowell, O'Heai:, ■ Palmer, Pope, Rhodes, Richardson, F. D. Rutledge, Scott, Seabrook, E. M. Smith, J. J. P. Snowden, Spain, Spratt, Townscnd, ■Williams. Wilson, I. D. '•^20 JOURNAL OF THE CONVENTION, Those who voted in the negative, are Hon. D. F. Messrs. Adau*, Allison, Applebj, Atkinson, JJarnweU. Barron, Barton, Bepty, Bethea, Bobo, Brabhara. Carlisle, Cam, Charles, Chesnut, Conner, Crawford, Darby,. BeSaussure, BeTreville, . Duukin, l)nnovant,' A. Q. Dunovaut, R. G. M. Easley, Ellis," English, Foster, . Gadberry, n^eiger. Glover, Goodwin, Gourdin, T. L. Green, Gregg, William Grishaiu, Hammond, Hanckel, Jamison, President; and Messrs. Karltee, Harrison, Hayne, Henderson, Honour, Hopkins, Huntefj Ingram, Jackson, Johnson, Keitt, Kinard, Landrum, Lewis, Logan, Lyles, • McCrady, Magrath, Manning, Mauldin, Maxwell, Mayes, Means, Noble, Orr, Parker, Perrin, Porcher, Vresyley, (iuattlobaum, liainey, Reed, Ilhett, Richard.sou, J. P. Robinson, Rowell, Sessions, FRIDAY, -MARCH 29, 1861. 22l Messrs. Shingler, J. M. Shingler, W. P. Simons, Simpson, • Sims, Smith, Thomas Smyly, Springs, Stokes, Thompson, R. A. Thomson, Thomas Tiinmons, Tompkins, Messrs. Wagner, Wannamaker, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Wilson, J. n. Wilson, W. B. Withers, Woods, Young. So the motion -was not agreed to. The resolution was agreed to. On motion of Mr. Orr, it was Ordered, That when the Convention adjourns, it ah:il] be adjourned to meet on Monday next, at twelve o'clock, M. SPECIiU. ORDER. On motion of Mr. Ilarllee, the Convention proceeded to the con- sideration of the communication from his Excellency the Governor, which had been made the special order of the day for this day, at one o'clock, P. M. Mr. Harllee offered the fojlowing resc^itions, which were considered, and ^ere agreed to : Rewhcd, That so much of the communication of his, Excellency the Governor, with the accompanying documents, as relates to the corres- pondence of the Executive with the authorities of the Confederate States, and the late United States, be referred to the Committee on Foreign Relations. 2. That so much thereof, with the accompanying documents, as relates to the Finances and Postal Arrangements, be referreu to the Committee on Commercial Relatione and Postal Arrangements. 3. That 80 much thereof, with the accompanying documcnta, as relates to the tian.sfcr of the enlisted troops, arms, ordnance and muni- tions of war, to the Government of the Confederate Statea; and so 222 JOURNAL OF TUE CONVENTION, much as relates to the Coast Defences and Volunteers in the service of this State, be referred to a Special Com mil tee on the Jlilitarj, to be appointed by the President of this Convention. 4. That the Couuuittocs be authorized and instructed to cause to be printed the documents referred to them, with discretion to omit such portions as they may deem it improper to make public^ or unnecessary to print. Mr. Orr offered the following resolution, which was referred to the Committee on the Military: Resolved, That the troops ordered by this body to be raised for the defence of the State, are recommended to the service of the Confeder- ate States, in part or in whole, as in the opinion of the Government of the Confederate States, the interests of the Confederacy require. The President announced the following Committee on the Military : Messrs. W. W. Harllee, W. P. Miles, R. DeTreville, R. G. M. Dunovant, Maxcy Gfegg, J. B. Kershaw, J. M. Gadberry Mr. Orr introduced An Ordinance to ratify the Constitution of tlic Confederate States of America; and pending the colisideration thereof, On motion of Mr. Orr, tlie Convention was adjourned at forty-five minutes past three o'clock, P. M. B. F. ARTIJUR, Clerk of the Convention., MONDAY, APRIL 1, 18G1. At the hour to which the Convention was adjourned, the President look the chair, and the proceedings were opened with prayer by the Rev, J. M. Tiuunons. MONDAY, APRIL 1, 1861. 223 The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Messrs. DuPre, Allison, Easley, Appleby, Ellis, Atkinson, Evans, Ayer, Fair, Barnwell, Flud, Barron, ^ Forster, Barton, Foster, Beaty, Frampton, Bellinger, Furman, Bethea, Gadbcrry, Bobo, GanJington, Bonncau, Gciger, Brabham, Gist, Brown, A, H. Glover, Brown, C. P. Goodwin, Burnet, Gourdin, R. N. Cain, Gourdin, T. L. Caldwell, Green, Calhoun, Gregg, Maxcy Campbell, Gregg, AVilliam Cauiislc, Grisham, Cara, Harllee, Carrolf, Harrison, Caughman, Hayne, Charles, Henderson, Chcsnut, Honour, Cheves, Hopkins, Clarke, Hunter, Conner, Hutson, Crawford, Inglis, Darby, Jackson, Davis, Jcffcries, DcSaussure, Jenkins, John Duncan, Jenkins, J. E. Dunkin, Johnson, Dunorant, R. G. M. Kerehaw, 224 JOURNAL OF THE CONVENTION, Messrs. Kilgore, Kioard, Kinsler, Landrum, Lewis, Lyles, , Mclvcr, jMcKee, • McLeod, Magrath, JManigault, Manning, Maul din, Maxwell, Mayes, » Means, Middleton, John Izard MiddletoD, Williams Miles, Moore, Moorman, Noble, Nowell," O'Hear, Orr, Palmer, Parker, Perrin, Pope, Pressley, Quattlebaum, Rainey, Reed, Rhctt, Messrs. Rhodes, Richardson, J. P. Robinson, Rowell, Rutledge, Scott, Seabrook, E. ftL Sessions, Shingler, J. M. ^imons, Simpson, Sims, Smith, J. J. P. Smith, Thomas Smyly, Spain, Spratt, Springs,. Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamaker, Wardlaw, D. ].. Watts, Wier, Williams, Wilson, L D. Wilson, J. H. Wilson, W. B. Woods, Younff, The journal of Friday's proceedings was read. Mr. Chesnut offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the President of the Convention be authorized to MONDAY, APRIL 1, 1861. 225 extend to Hon. Louis T. Wigfall the privilege of a seat on the floor of the Convention. Mr. Dunkiu, from the Committee on Commercial Relations and Postal Arrangements, presented the following report, which was considered immediately, and was agreed to : The Committee on Commercial Relations and Postal Arrangements, to whom were referred the communications of the Post Master General and of the Secretary of the Treasury, report : That they have examined the same, and respectfully recommend that the usual number of copies of both documents be printed for the use of the Convention, and that five hundred extra copies of the communi- cation of the Secretary of the Treasury be printed for distribution. The President laid before the Convention the following communica - tion : . Charleston, 1st April, 1861. To the Hon. D. F. Jamison, . President of the Convention of South Carolina : Dear Sir : The Executive Board of the Carolina Art Association has invested me with authority, which I gladly exercise, to invite the members of the Convention over which you preside, to visit the Gallery of Art, in Meeting street, whilst deliberating here for the public weal. The Secretary will take' pleasme in furnishing the members with season tickets for their conveuicut use. It is hoped that an hour bestowed occasionally in viewing some spe- cimens of Art, including Leutzc's Illustration of Jasper and the old Palmetto Forti, may contribute an agreeable -diversion to the minds of gentlemen habitually engrossed in the discussion of grave concerns of State. I have the honor to be, With great respect, Your ob't serv't, R. F. W. ALLSTON, President C. A. A. On motion of Mr. Chcsnut, the invitation was accepted. 29 226 JOURNAL OF THE CONVENTION, On motion of Mr. Orr, the Convention went into SECRET SESSION. The Convention resumed the consideration of An Ordinance to ratify the Constitution of the Confederate States of America; And, pending the consideration thereof, on motion of Mr. Orr, it was ordered, that when the Convention adjourns, it shall be adjourned to meet to-morrow, at -eleveu o'clock, A. M. On motion of Mr. Carn, the Convention was adjourned at forty-five minutfes past three o'clock, P. M. B. F. ARTHUR, Clcrh of the Convention. TUESDAY, APRIL 2, 186L At thc.hour to which the Convention was adjourned, the President took the diair, and the proceedings were opened with prayer by the Rev. T. R. English. The Clerk called the roll, and the following delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinson, • Ayer, Barnwell, Barron, Barton, Beaty, Bellinger, Belhea, Bobo, Bonneau, Brabham, BrowUj A. H. Messrs. Brown, C. P. Cain, Caldwell, Calhoun, Campbell, Carlisle, Carn, Carroll, Caughman, Cauthen, Charles, Chesnut, Cheves, Conner, Crawford, TUESDAY, APRIL 2, 1861. 227 jyiessrs. Darby, Messrs. Inglis, Davant, Ingram, Davis, Jackson, • DeSaussure, Jefferies, DeTreville, Jenkins, John Duncan, Jenkins, J. E. Dunkin, Johnson, Dunovant, R . G. M. Kershaw, DuPre, Kilgore, Easley, Kinard, Ellis, JCiosler, English, Landrum, i^vans, Logan, Fair, Lyles, Flud, IMcCrady, Foster, Mclver, Frauipton, McKee, Furman, McLeod, Gadberry, Magrath, Garlington, Manigault, Geiger, Mauldin, • Gist, Maxwell, • Glover, Mayes, .. • Goodwin, Mazyck, Gourdin, R. N. Means, Gourdin, T. L. Miles, Green, Moore, Gregg, Maxcy Moorman, Gregg, William Nowell, Grisham, O'Hear, Hammond, Orr, Hanckel, Parker, Harllee, Pressley, Harrison, Quattlebaum, Hayne, Rainey, Henderson, Reed, Honour, Rhett, Hopkins, Rhodes, Hunter, Richardson, F. D. ■ Hutson, Robinson, 228 JOURNAL OF THE CONVENTION, Messrs. Rowel), Scab rook, E. M. « Sessions, Shinglcr, J. M. Siiuons, Simpson, Sims, Smith, J. J. P. Smith, Thomas Smyly, Snowden, Spain, Spratt, Springs, Stokes, Messrs. Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townscnd, "Wannainakcr, Watts, Whitner, Wier, Williams, Wilson, J. H. Wilson, W. B. Withers, Woods, Youns. The journal of yesterday's proceedings was read. Mr. Withers presented the report of the Committee on Relations with the Slaveholding States of America, on an Ordiuance concerning the cession of Forts, &c. ; which was ordered for consideration to-mor- roW, and to be printed. Mr. L. M. Ayer stated that Messrs. B. W. Lawton and W. P. Finley were detained at home by sickness in their respective families; and, on ftotion of Mr. Ayer, these gentlemen Were excused for the reason assigned. Mr. McCrady offered the following resolution, which was considered immediately, and was agreed to : Resolved, That in the opinion of this Convention, no case should be heard at the present sitting of the Court of Appeals, except with the consent of all the parties to the same. On motion of Mr. McCrady, it was ordered that a copy of this reso- lution be sent to the Chief Justice. Mr. Simons, presented the report of the Committee on Engrossed Ordinances, which was considered immediately, and was agreed to. On motion of Mr. Orr, the Convention went into SECRET SESSION. The Convention resumed the consideration of an Ordinance to ratify the Constitution of the Confederate States of America. ' TUESDAY, APRIL 2, 1861. 229 . Mr. Rhett offered the following amendment : But this Convention deems it due to the Confederate States, ex- pressly to declare, that in ratifying and adopting the above Constitu- tion, they suppose that it establishes a Confederacy of Slaveholding States; and this State does not consider herself as bound to enter or continue in confederation' .with any State not tolerating the institution of slavery within its limits by its fumlamental law. Oil motion of Mr. Adams, leave of absence was granted to Mr. Hop- kins, on account of indisposition. On motion of Mr. Inglis, business was suspended at forty-five minutes past three o'clock, P. M., until seven o'clock, P. M. RECESS. * The President resumed the chair. Mr. Reed moved that the amendment be ordered' to lie on the table. Mr. Inglis rose to a question of order. The President decided the motion to lay the amendment on the table in order. Mr. Cheves appealed from the decision of the chair; and the ques- tion being put, will the Convention sustain the decision of the chair? it passed in the negative : Yeas, 41 ; nays, 89. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are Hon. D. F. Jamison, President; and Messrs. Brown, C. P. Messrs. Glover, ^riToet, Gourdin, R. N. Cai"j Gregg, Maxcy, Campbell, ^ . Hanckel, ^'arroll, Henderson, Caughman, Jenkins, John I^avant, Kershaw, Dc.Saus.sure, Kinsler, DuPre, Mazyck, Evans, ' Middicton, J. Izard Flud, Middleton, W. Gist, Miles, 230 JOURNAL OF THE CONVENTION, Messrs. Now el I, O'llear, Palmer, Perrin, Khett, Rhodes, Rutledge, Smith, J. J. P. Messrs. Snowden, Spratt, Stokes, Wagner, Wardlaw, F. H. Williams, Wilson, J. H. Withers. Those who voted in the negative, are Messrs. Adams, • Messrs. Garlington, Allison, Geiger, Atkinson, Goodwin, Barnwell, G^een, Barron, Gregg, William Barton, Grisham, Bellinger, Hammond, Bethea, Harrison, Bobo, Hunter, Caldwell, Hutson, Calhoun, Inglis, Carlisle, Jackson, Carn, Jefferies, Cauthen, Jenkins, J, E. Charles, Johnson, Chesnut,. Kilgore, Chcves, Kinard, Conner, La n drum, Crawford, Lewis, Darby, Logan, Davis, Lyles, * DeTreville, McCrady, Duncan, M elver. Dunovant, R. G. M. McKce, Ellis, Mctcod, English, Ma'grath, Forster, Manigault, Foster, Mauldin, Frampton, Maxwell, WEDNESDAY, APRIL 3, 1861. 231 Messrs. Mayes, Moore, Moorman, Parker, Pope, Quattlebaum, Rainey, Reed, RichardsoD, J. P. Rowell, Seabrook, E. M. Shingler, J. 31. Simons, Simpson, Smith, Thomas Smyly, Messrs. Spain, Springs, Thompson, R. A, Thomson, Thomas Timmons, Tompkins, Wannaraaker, Wardlaw, D. L. Watts, Whitner, Wier, • .Wilson, I. D. Wilson, W. B. Woods, Young. So the decision of the President was not sustained. On motion of Mr. Mazyck, it was ordered that when the Convention adjourns, it shall be adjourned to meet to-morrow, at eleven o'clock, A. M. On motion of Mr. Spain, the Convention was adjourned at thirty minutes past 8 o'clock, P. M. B. F. ARTHUR, Clerk of the Contention. WEDNESDAY, APRIL 3, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. ]i. F. Mauldin. * The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, • Appleby, Atkinson, Messrs. Ayer, Barnwell, Barron, Barton, 232 JOURNAL OF THE CONVENTION, Messrs. Beaty, Messrs. Goodwin, Kellinger, Gourdin, R. N. Bethca, Gourdin, T. L. Bobo, Green, Bouncau, Gregg, Maxcy Brabham, Gregg, William Brown, A. H. Grisham, ^ Brown, C. P. Hammond, Calhoun, Harllce, Campbell, Harrison, Caplisle, • ' Hayne, Carn, Henderson, Carroll, Honour, Caughman, Hunter, Cauthen, • Hutson, Charles, Inglis, Cheves, Ingrain, Clarke, Jackson, Conner, Jcfferies, Crawford, Jenkins, John Darby, Jenkins, J. E. Davant, Johnson, Davis, Kcitt, PeSaussure, Kershaw, Dunkiu, Kilgore, Dunovaut, II. G. M. Kinard, DuPre, Itinsler, Easlcy, Landrum, Ellis, Logan, English, Lyles, Evans, McCrady, Flud, Mclver, Forster, • McKee, Foster, McLeod, Frampton, Magrath, Furman, Manigault, Garliqgton, Manning, Geiger, Mauldin, Gist, ]\Jaxwell, Glover, Mayes, WEDNESDAY, APKIL 3, 1861. 233 Messrs. IMazyck, » Means, Middlcton, John Izard Middleton, Williams Miles, Moore, Moorman, Nowell, O'Hear,- Orr, Palmer, Parker, Perrin, Pope, Pressley, Quattlebaum, Raiaey, Reed, Rhett, Rhodes, Robinson, Rowell, Rutledge, Scott, Sessions, Shinn;lcr, J. M. Simons, Messrs. Simpson, Sims, Smith, J. J. P. Smith, Thomas Smyly, Snowden, Spain, Spratt, • "^ Springs, Stokes, Thompson, R. A. Thomson, Thoijias Timmons, Tompkins, Townsend, Wannaraakcr, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wier, Williams, Wilson, J. H. Wilson, W. B. Withers, Woods, • Younji. The journal of yesterday's proceedings was read. The President laid before the Converition the following communica- tion ; which, on motion of Mr. Pope, was ordered to be entered on the journal : Fort Hill, March 3D, 1861. Hon. D. F. Jamison : • Sir : I transmit through you, as the presiding oflBcer of the Conven- tion of the People of South Carolina, my report as the Commissioner of your honorable body to the Convention of the People of Alabama. On my arrival at Montgomery I was received with great cordiality and kindness, as the representative of South Carolina, by both the 30 234 JOURNAL OF THE CONVENTION, friends and opponents of secession ; while the foi'toer were unbounded in their aduiiratiou of the gallant action of our State, the latter, although deprecating her action, were ever ccurteous and kind in their allusions to her. There was, unfortunately, much diversity of sentiment when the Alabama Convention first assembled. The State of Alabama is divided into what is called South and North Alabama. There is but little trade or intercourse between the sections. Before the completion of railroads leading to the Atlantic from North Alabama, the course of trade followed the current of its navigable streams to New Orleans. On the other hand, South Alabama concentrated, to a large extent, her trade at Mobile. To the north of the Jiead waters of navigation, in South Alabama, there interveYies a broken and rugged country, to the valley of the Tennessee. Geographically, no State is more divided, and unfortunately, the division entered into the political complexion of the State. North Alabama was almost a unit against secession, and South Alabama nearly entirely so in its favor. This state of aifairs embar- rassed the action of her Convention when it' first assembled. For, as citizens of the same State, it was important, although there was a deci- ded majority for secession, to assuage the sectional bitterness that pre- cipitate action might induce. Hence, several days elapsed before the passage of the Ordinance of Secession. Many opposed up to that point, withdrew opposition, and a general disposition to sustain the State was manifested. *]\I^redentials were presented on the first day of the session of the Convention, and on the second, by invitation, I addressed the (Conven- tion, and brought before -it the points that I had been instructed to pre- sent. I have the honor to enclose an official copy of the action of the Convention, giving an affirmative response to every request I had made as your CommissioBer. Very respectfully. Your obedient servant, AND'W r. CALHOUN. The report and resoluiions accompanying the communication were ordered to lie on the table. Mr. D. L. Wardlaw, from the Committee on the Constitution of the State, made reports, On an Ordinance to amend the ninth Article of the Constitution of the State of South Carolina ; WEDNESDAY, APRIL 3, 1861. 235 On an Ordinance further to amend the fourth section of the first Article of the Constitution of this State*; On an Ordinance declaratory of the true construction of an Ordi- nance concerning citizenship; which were severally ordered for consid- eration to-morrow, and to be printed. Mr. D. L. Wardlaw, from the Committee on the Constitution of the State, to whom had been referred an Ordinance to repeal sundry Ordi- nances done by the People of the State of South Carolina in Conven- tion ; also, an Ordinance to amend an Ordinance, entitled an Ordinance to alter the Constitution of the State of South Carolina, by striking out certain words in sundry places ; also, a resolution to inquire and, ascertain what changes should be made in the Constitution to adapt it to our present condition, made a report, and repor^d an Ordinance concerning the repeal of sundry Ordinances, and various changes in the Constitution'; which was ordered for consideration to-morrow, and to be printed. Mr. D. L. Wardlaw, from the Committee on the Constitution of the State, to whom had been referred a resolution -concerning alterations of the Constitution, made a report, and reported an Ordinance to alter the tenth section o^ the first Article of the Constitution of the Stat« of South Carolina, and the amendment thereof, ratified the 28th January, 1861; also, to alter the tentli section of the amendments, mtified the 17tli day of December, 1808, and likewise the second clause of the eleventh Article of the Constitution aforesaid ; which was ordered for consideration to-morrow, and to be printed. Mr.- Miles presented the report of the Committee on Foreign Rela- tions, on the Report of the Secretary of State, and the accompanying documents ; which was ordered for consideration to-morrow. Mr. Hanckel offered the following resolution, which was considered immediately, and was agreed to : RewlvcJ, That the thanks of this Convention are hereby respectfully tendered to General Beauregard, and to the officers acting under him, for the very delightful and highly interesting visit to the Fortifiqationa in Charleston harbor, on Saturday last, afforded to this Convention by their courtesy. On motion of Mr. Rlnett, the Convention. went into SECRET SESSION. * The journal of yesterday's secret proceedings was read. 236 JOURNAL OF THE CONVENTION, Mr. Mazyck offered the following resolution, which was considered in^iuediatcly, and was agreed to : RcsoUcJ, That the Coniniittee on Engrossing be instructed to inquire and report what resolutions and orders of the Convention passed in secret session, and how much and what portLons of the secret journal, may now be made public without impropriety. l\Ir. Inglis offered the following resolution^ which was considered im- mediately, Jfud was agreed to : « / ResglveJ, That when the Convention shall have disposed of all propositions which shall be introduced, for demanding a Convention to consider anicndmfnts to the Constitution, or otherwise suggesting such amendments, or defining the conditions upon which the Constitution would be ratified, or the sense in which it is ratified, any member who desir:asley, Ellis, English, Fair, Flud, Forster, Frampton, Furman, Garlington, Geiger, Gm, Glover, Gourdin, R. N. Gourdin, T. L. Grisham, ITanjmond, Hanckfl, Hunter, Hutsou, Inglis, ^ Ingram, Jackson, Jeffcries, Jenkins, John Jenkins, J. E. Keitt, Kershaw, Kifgorc, Kinard, 248 JOURNAL OF THE CONVKNTION, Messrs. Kinslcr, Landrum, Lewis, Lyles, McCrady, M elver, McKcc, McLcod, 3Ianiji;iult, Maxwell, Mazyck, Middlotoii, John Izurd Middlcton, Williams Miles, Moore, Moorman, Noble, Nowc-11, O'Hear, Palmer, Parker, . Porcher, Quattlebaum, Rhodes, Richardson, F. D. Richardson, J. V. Rubin son, Rowell, Messrs. Rutlcdge, Scott, Soabrook, E. M. Sessions, Shingler, J. M. Simons, Sinipi-on, Sims, Smith, J. J. P. Smith, Thomas Snowdeu, Spain, Spratt, Springs, Stokes, Timmons, Towu.send, Wagner, Wannamaker, Wardlaw, F. H. Watts, Wier, Williams, » Wilson, J. H. Wilson, W. B. Withers, Woods, -" Youns'. So the motion was not agreed to. The preamble and the tirst section were agreed to. Mr. Withers proposed the following" amendment : Insert in lieu of the latter uicuibcr of the proposition as to the ninth section, the following, to wit : To substitute in lieu of the second para- graph of the said section, the following: " Congress shall have power to prohibit the importation or introduc- tion of slaves from any region, not a State or Territory of this Con- federacy." THURSDAY, APRIL 4, 1861. 249 Mr. D. L. Wardlaw offered the following : •That the first and second clauses of the ninth section of the first Article, be altered to read as follows : " Congress shall have power to prohibit the importation or introduction of slaves from any region not a State or Territory of this Confederacy." The amendment was agreed to. Mr. John Izard Middleton offered the following amendment, which was not agreed to : To amend the first Article by striking out the first and second clauses of the ninth section. The third clause of the resolutions was agreed to. Mr. Hutson offered the following amendments, which, on motion of Mr. Withers, were ordered to lie on the table : To strike out, wherever they occur, the words, *' citizens of the Con- federate States," or "citizen of the Confederate States," and insert in lieu thereof, "citizens of one of the Confederate States/'- and "citi- zen of one of the Confederate States. To insert in the fourth clause of the eighth section of the first Article after the word "naturalization" these words: " provided that such laws shall require the foreigner to swear allegiance to that Confed- erate State in which he is naturalized." Mr. R. N. Gourdin offered the following amendment: To amend the eighth section of the first Article, by inserting after the word " but," on the seventh line, the following : " The percentage on imports shall be uniform, and shall not exceed fifteen per ■ cent, ad valorem at the place of export in times of peace, and" And pending the consideration thereof, on motion of Mr. Reed, the Convention was adjourned at twenty-five minutes past four o'clock, P. M. 13. F. ARTHUR, Clerk of the Convention. 32 250 JOURNAL OF THE CONVENTION, FRIDAY, APRIL 5, 1861. At the hour to wliich the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. D. C. Appleby. t The Clerk called the roll, and the following Delegates answered to their names : Messrs. Adams, Allison, Appleby, Atkinsoe, Barnwell, Barron, Barton, Beaty, Betliea, Brabham, Brown, A. H. 35rown, C. P. Buchanan^ Cain, . Caldwell, Calhoun, Campbell^ Carlisle, Cam, Carroll, Caughman, Cauthen, Cheves^ Clarke, Darby, Davant, Davis, DeSaussurC;, Dunkin, DuPre, Easley, Messrs. Ellis, Evans, Fail-, Flud, Forster, Foster, Frampton, Furman, Garlington, Geiger, Glover, Goodwin, Gourdiu, R. N. Gourdin, T. L. Gregg, Maxcy Gregg, William Grisham, Harllee, Harrison, Hayne, Henderson, Honour, Hunter, Hutson, Inglis, Jackson, Jefferies, Jenkins, J. E. Johnson, Kershaw, Kilgore, FRIDAY, APRIL 5, 1861. 251 Messrs. Kinard, Landrum, Lewis, Lylos, M elver, McKce, McLeod, Manigault, Mauldin, Maxwell, JIayes, Mazyck, Means, Middleton, John Izard Middleton, Williams Moore, Nowell, O'Hear, Orr, Palmer, Parker, , Perrin, Porcher, Quattlebaum, Ilainey, Reed, Rhett, Rhodes, * Richardson, J. P. Rowell, Messrs. Scott, Sessions, Shinpjier, J. M. Shingler, W. P. Simons, Simpson, Sims, Smith, J. J. P. Smith, Thomas Srayly, Snowdea, Spain, Spratt, Springs, Stokes, Thomson, Thomas Timmons, Tompkins, Town send, Wanuamaker, Wardlaw, D. L. Watts, Wier, Williams, Wilson, I. D. Wilson, J. H. Wilson, W. B. Withers, Woods, Young. The journal of yesterday's proceedings was read. On motion oi Mr. Bellinger, leave of absence was granted to Mr. Carn, on account of professional business. Mr. D. L. Wardlaw presented the report of the Committee on the Constitution, upon reconsideration after recommitment to them, of an Ordinance to amend the Constitution of the State of South Carolina, in respect to the Executive Department; which'waa ordered for consider- ation to-morrow, and to be printed. 252 JOURNAL OF THE CONVENTION, Mr. Adams offered the following resolution, which was ordered for consideration to-morrow : Resolved, That the Convention adjourn bhis day, at six o'clock, P. M., to be convened on the call of the President, if he should deem it at. any time before the first Monday of December necessary to do so; and should no such call be made before that time, the Convention then to stand adjourned sine die. Mr. Thomas Thomson presented the report of the Committee on Ac- counts, on the accounts of P. Brady and others, which was considered immediately, and was agreed to. On motion of Mr. Simons, the Convention went into SECPtET SESSION. The journal of yesterday's secret session was read. Mr. Rhett asked leave to record the vote he would have given, if present, on a motion to lay on the table certain resolutions, offered by Mr. Inglis, suggesting amendments to the Constitution, and Mr. Rhett, being called, answered *'no." Mr. Manigault presented the account of the Horry Dispatch for ad- vertising, which was referred to the Committee on Accouuts. Mr. Rhett offered the following resolution, which was referred to the Engrossing Committee : Resolved, That the injunction of secrecy be removed from the pro- cecdinjrs and debates of this Convention on the Constitution of the Con- federate States of America, and the journal of this Convention of its proceedings thereon shall be published under the supervision of the President of this Convention, so soon as the injunction of s'ecrecy shall be removed from the proceedings and debates of the Convention of the States assembled at Montgomery, which formed said Constitution. On motion of Mr. Simons, it was Ordered, That the " Ordinance to ratify the Constitution of the Con- federate States of America," be referred to the Committee on Engrossed Ordinances, and be ratifiad by the signature of the President^ and at- tested by the Clerk of the Convention, under the Great Seal of the State. FRIDAY, APRIL 5, 1861. 253 The Convention resumed the consideration of the resolutions (by Mr. Inglis) suggestinir" amendments to the Constitution of the Confederate States ; dnd Uie following amendment thereto, ofiered by Mr, R. N. Gourdin : To amend the eighth Section of the first Article by inserting after the word "but," on the seventh line, the following : "The duty im- posed on all articles taxed, shall be uniform, and shall not, in time of peace, exceed fifteen per cent., ad valorem, at the place of export." Mr. Mazyck ofiered the following amendment : To amend the ninth section by altering the sixth clause thereof, so as to read as follows : " No lax or duty shall be laid on articles exported from any State ; nor shall any duty on imports exceed one-tenth of the value of the article on which it is laid." Mr. Adams moved that the amendments be ordered to lie on the ta- ble ; and the question being put, will the Convention agree thereto ? it passed in the affirmative : Yeas, 85; nays, 52, The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are ^ Hon. D. F. Jamison, President ; and Messrs. Adams, Messrs. Conner, Allison, Crawford, Appleby, Atkinson, Darby, DeSaussure, Barnwejl, DeTreville, Barron, ' Duncan, Barton, Dunkin, Beaty, • Bobo, Brown, A. H. Dunovant, R. G. M, Easley, Ellis, Buchanan, English, Carlisle, Evans, Carn, Fair, Carroll, Foster, Cautlicn, Frampton, Cheves, GarlingtoD, 254 JOURNAL OF THE CONVENTION, Messrs. Geiger, Gist, Goodwin, Gourdia, T. L. Gregg, William Grisham, Hammond, Harllec, Honour, Hunter, Inglis, Jackson, Jefferies, Johnson, Kershaw, Kilgore, Kinard, Landruin, Lewis, Mclver, INlanning, Mauldin, Maxwell, Mayes, ]\Ieans, Noble, Messrs. No well, O'Hcar, Parker, Perrin, Raincy, Reed, Robinson, Howell, Shingler, J. M. Shingler, W. P. Simpson, Sims, Smith, Thomas Springs, Stokes, Thompson, R. A, Thomson, Thomas • Tompkins, Wardlaw, D. L. Watts, Whitner, Wier, Wilson, L D. Wilson, W. R. , Withers, Young. Those who* voted in the negative, are Messrs. Plud, Messrs. Ayer, Bellinger, . Brabham, Rrown, C Cain, Caldwell, Calhoun, Campbell, Clarke, Davant, DuPre, Furman, Glover, Gourdin, R. N. Gregg, Maxcy, Hanckel, Harrison, *Hayue, Henderson, Hutson, Jenkins, John FRIDAY, APRIL 5, 1861. ' »' 255 Messrs. Jenkins, J. E. Messrs. Rhett, Keitt, Rhodes, Kinsler, Richardson, J. P. * McCrady, , Scott, McLeod, Seabrook, E. M. Manigault, Sessions, Mazyck, Simons, Middlcton.'J. Izard Smith, J. J. P. Middletou, W. Snowden, Miles, Spain, Moore, Spratt, Moorman, Tcwnsend, Orr, Wannamaker, Pahiier, Williams, Quattlcbaum, Wilson, J. IT. So the motion was agreed to. Mr. John I. Middleton offered the following amendment; » To amend the tenth section of the first Article by striking out from the third clause thereof, after the word "State," the words ''keep troops or ships of war in time of peace," so that the clause may read : 3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessels, for the improvement of its rivers and harbors^navigated by the said vessels; but such duties shall not conflict with any treaties of the Confederate States with foreign nations, and any surplus revenue thus derived shall, after making such improve- ments, be paid into the common treasury, nor shall any State enter into any compact or agreement with another State, or with a foreign power, or engage'in.war, unless actually invaded, or in such imminent danger as will not admit of delay; but when any river divides or flows through two or more States, they may enter into compacts with each other to improve the navigation thereof. Mr. Miles moved that the amendment be ordered to lie on the table, and the question being put, will the Convention agree thereto? it passed in the affirmative. Yca^ 124; nays, 15. The yeas and nays were demanded, and are as follow.s : Those who voted in the aftirmative, are 256 JOURNAL OF THE CONVENTION, Hon. D. F. Messrs. Adams, Allison, Appleby, Atkinson, Ayer, Earuwell, Barron, Barton, Beat J, Bellinger, Bobo, Brabham, Brown, A. U. Buchanan, Caldwell, Calhoun, Campbell, • Carlisle, ' Cam, Carroll, Caughman, Cauthen, Cheves, Conner, Crawford, Darby, Davis, DeSaussurc, . DeTreville, Duncan, Dunkin, Dunovant, B. G. M. DuPre, Easley, Ellis, . English, Evans, Fair, Jamison, President, and Messrs. Flud, Foster, , Frarapton, Furman, Garlington, Geiger, Gist, Glover. Goodwin, Gourdin, 11. N. Gourdin, T. L. Gregg, William Hammond, Harllee, Harrison, Hayne, Honour, ^ Hunter, Messrs. Inglis, Jackson, Jefferies, Jenkins, J. E. Johnson, Kcitt, Kershaw, Kilgore, Kinard, Landrum, Lewis, McCrady, Mclver, McKee, McLeod, Magrath, Manigault, Manuiiio', Mauldiu, Maxwell, FRIDAY, APRTI^ 5, 1861. 257 Messrs. Mayes, Means, Miles, Moore, 31 Gorman, Noble, Nowell, O'Hfear, Orr, , Palmer, Parker, Perrio, Quattlebaum, Rainey, Reed, Rhett Rhodes, Robinson, Rowell, Scott, Seabrook, E. M. Sessions, Shincler, J. M. Shingler, W. P. Messrs. Simons, 8impson, Sims, Smith, Thomas Snowden, Spain, Springs, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, Wannamakcr, Wardlaw, D. L. Wardlaw, F. H. Watts, Whitner, Wicr, Wilson, I. D. Wilson, W. B. Withers, Youns:. Those who voted in the negative, are h Messrs. Brown, C. P. Clarke, Davant, Forster, Hutson, Jenkins, John Ki^sler, Mazyck, Messrs. Middlcton, J. Izard Middlefon, W. Richardson, F. D. Smith, J. J. P. Spratt, Williams, Wilson, J. H. So the motion was agreed to. Mr. Mazyck (^ered the following amendments : To amend the ninth section by adding the following clause.'*, viz : 1. All taxes, other than duties and excises and imposts upon the sale 258 JOURNAL OF THE CONVENTION, or letting of commodities, or the performance of service for hire, shall be deemed direct taxes. 2. The power of Congress to regulate commerce shall not be under- stood to authorize the prohibition or suppression of any branch of com- merce. To amend the tenth section of the first Article, by adding thereto the following clause, viz : " Nothing in this Constitution shall be understood to take away or abridge the power of the several States to prohibit ti^e importation or introduction of such persons or things as they may respectively think proper to exclude." Mr. Withers moved that the amendments be ordered to lie on the table; and the question being put, will the Convention agree thereto ? it passed in the afl&rmative : Yeas, 115; nays, 20. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are ' * Hon. D. F. Jamison, President; and Messrs. Adams, Messrs. Chesuut, Allison, Chevos, Appleby, Clarke, Atkinson, Conner, Ayer, Crawford, Barnwell, * Darby, Barrou, Davis, Barton, , DeTrcville, Beaty, Duncan, Bellinger, * Dunkin, Bethea, DuPre, Bobo, Easlcy, ' Brabham, Elli.s, Brown, A. II- English, Calhoun, Evans, Campbell, Fair, Carlisle, Foster, Carroll, Frampton, Caughman, Furma^., Cauthen, Garliuglon, FRIDAY, APRIL 5, 18G1. 259 Messrs. Geiger, Messrs. No well. Gist, O'llear, Glover, Orr, Gourdin, R. X. Palmer, Gourdin, T. L. Parker, Gregg, William Porcher, Hammond, Quattlebaum, Hanckel, Rainey, Harllee, Reed, Harrison, Rhodes, Hayne, Robinson, Honour, Rowell, Hunter, Scott, Hutson, Sessions, Inglis, Shingler, J. M. • Ingram, Shingler, W. P. Jackson, . Simons, Jefferies, Simpson, Jenkins, J. E. Sims, Johnson, Smith, Thomas Keitt, Springs, Kershaw, Stokes, Kilgore, Thompson, R. A. Kinard, Thomson, Thomas Landrura, Tiramons, McCrady, Tompkins, McKee, Town-send, McLeod, Wannamaker, Magrath, Wardlaw, F. H. Manning, Watts, Mauldin, Whitner, Maxwell, Wier, Majes, Wilson, I. D. Means, Wilson, J. H. Moore, ^ Wilson, W. B. Moorman, Withers, Noble, Young. 260 JOURNAL OF THE CONVENTION, Those \5;bo voted in the negative, are Messrs. Erown, C. P. Messrs. Mazyck, Buchanan, MiddlctoD, John Izard • Cain, 3Iiddleton, Vvilliams Caldwell, Miles, Davant, Ilichardson, F. D. Flud, Smith, J. J. P. Grejr.s, l^Inxcy Snowden, Jenkins, John Spain, Kinsler, Spratt, • Manigault, Williams. So the motion was agreed to. Mr. Orr offered the following amenduicnt, which was agreed to: Strike out the second clause of the eighth section of the first Article, and insert : "The Congress shall not contract any debt, except for war purposes, and all expenditures in excess of revenues from imports, which shall not exccqd fifteen per cent, ad valorem, and other services, shall be met by direct taxation, to be provided for by the Congress authorizing the expenditure." Mr. J. Tzard Middleton offered the following amendment : To amend the sixth clause of the sixth Article, by adding at the close thereof the following words : " And all the powers hereinbefore delegated to the Confederate States, may, at any time, be resumed by any one of them," so that the clause may read : 6. The powers not delegated to the Confederate States by the Con- stitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof. And all the powers hereinbefore delegated to the Confederate States, may, at any time, be resumed by any one of them. Mr. Reed moved that the amendment ]^ ordered to lie on the table, and the question being put,, will the Convention agree thereto? it passed in the affirmative. Yeas, 114; nays, 12. The yeas and na^'s were demanded and are as follows : Those who voted in the afftrmative, are FRIDAY, APRIL 5, 1861. 261 Hon. T). F. Jamison, President; and Messrs . Adams, Messrs. Glqver, Allibon, Gourdin, R. N. Barnwell, Gregg, William Barron, Hammond, Barton, Hanckcl, Beaty, Ilarllcc, Bellinger, Harrison, Bethea, Hayne, Bobo, Hunter, Brabham, Hutson, Brown, A. H. Inglis, Brown, C. P. Ingram, Cain, Jackson, Calhoun, Jcffcries, Carlisle, Jenkins, J. E. Carroll, Johnson, Caughman, Keitt, Can,then, Kershaw, Conner, Kilgore, Crawford, Kinard, Darby, Land rum, Davant, Lewis, DeSaussure, KcCrady, Dctrevillc, ' Mclver, , Dunkin, McKcc, DuPre, ■ McLeod, Easley, Magrath, Ellis, Manigault, English, Mauldin, Evans, Maxwell, Fair, Mayes, Flud, Means, Foster, Miles, Frampton, IMoorc, Furman, Noble, Garlington, Nowell, Gciger, O'Hcar, Gist, Orr, / 262 JOURNAL OF THE CONVENTION, Messrs. Parker, Perrin, Pope, Porcher, Quattlebaum, Rainey, Reed, • Rhodes, Richardson, F. D. Richardson, J. P. Robinson, Rowell, Scott, Sessions, Shingler, J. M. Simons, Simpson, Sims, Smith, Thomas Messrs. Snojvdon, • Spain, Springs, Stokes, Thompson, R. A. Thomson, Thomas Timmons, Tompkins, Townsend, , Wagner, Wardlaw, D. L. Wardlaw, F. H. "Watts, Wier, Williams, Y/ithers, Woods, Young. Those who voted in the negativd, are Messrs. Buchanan, Caldwell, Gregg, Maxcy Ilcudersoo, Jenkins, John Kinsler, Messrs. Manning, Middleton, John Izard Moorman, Palmer, Smith, J. J. P. Wilson, J. H. So the motion was agreed to. 5^ The question being put, will the Convention agree to the resolu- tions ?' it passed in the affirmative : Yeas, 117 ; nays, 15. The yeas and nays w6re demanded, and are as follows : Those who voted in the affirmative, are Hon. D. F. Jamison, President; and Messrs. Adams, Allison, Atkinson, Barnwell, Messrs. Barron, Barton, Beaty, }3ellinger, \ FRIDAY, APRIL 5, 1861. 263 Messrs. Bethea, Brabham, Brown, A. H. Brown, C. P. Buchanan, Cain, Caldwell, Calhoun, Carroll, Caughman, Cautheu, Clarke, Conner, Darby, Davant, DeSaussure, DeTreville, Duncan, Dunkin, DuPre, Ellis, English, Evans, Fair, Flud, Frampton, Furman, Garlington, ' Geiger, Gist, , Glover, Gourdiu, R. N. Gregg, Maxcj, Gregg, William Hammond, Hanckel, Hayne, Henderson, Honour, Hunter, Messrs. Hutson, Inglis, Ingram, Jackson, Jefferies, Jenkins, John Jenkins, J. E. Keitt, Kershaw, Kilgore, Kiuard, Kinsler, Landrum, Lewis, McCrady, M elver, McKee, McLeod, Magrath, Manigault, jMaxwell, Mayes, Means, Middleton, John Izard Middleton, Williams Miles, Moore, Moorman, Noble, Nowell, O'llear, Palmer, Parker, Pope, Porchcr, Quattlebaum, Raincy, Rhodes, Richardson, F. D. Richardson, J. P. 264 JOURNAL OF THE CONVENTION, Messrs. Eobinson, ]Messrs. Stokes, Rowell, Scott, Scabrook, E. M. Sessions, Sbinglcr, J. M. Simons, Simpson, Sims, X Smith, J. J. P. Smith, Thomas Snowdcn, Spain, Springs, Those who voted in the negative, are Thompson, R. A. Thomson, Thomas TimmOns, Wagner, Wardlaw, D. L. Wardlaw, F. H. Watts, Wier, Williams, Wilson, J. H. Withers, Woods, Messrs. Bobo, Carlisle, ChcEuut, Easley, Foster, Harllee, Harrison, Johnson, Messrs. Manning, 3Jauldin, 'Orr, . Perrin, Heed , Tompkins, Wilson, I. D. So the resolutions were agreed to. Mr. Inglis offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the resolution just adopted by this Convention, declaring that the State of South Carolina ought hereafter to demand a Convention of all the States to consider certain amendments to the Federal Constitution therein specified, be committed to the Committee on En"-rossed Ordinances to be engrossed, and that an authenticated copy thereof be transmitted; with the Ordinance ratifying the Federal Constitution, to the Congress of the Confederate States. Mr. McCrady offered the following resolution, which was considered immediately, and was agreed to: Resolved, That a Committee of four be appointed to consider and FRIDAY, APRIL 5, 1861. 265 report whether any, and if any, wliat measures ousrht to be adopted for the protection of suitors and parties to causes pending in Court, where from the employment of their attorneys, solicitors or counsel in the service of the State, irregularities have occurred, which, by the course of pleading or practice, or by the rules of the various Courts, may work injury to Ihem, or put them at disadvantage, or leave them at the mercy of thci opposite parties, their counsel, attorneys or solicitors. Whereupon the President appointed the following gentlemen, of the Committee: Messrs. J. N. Whitner, T. W. Glover, J. P. Carroll, J. A. Inglis. Mr. Buchanan asked to record the vote he would have given, if present, on an Ordinance to ratify the Cout^titution of the Confederate States of America, and Mr. Buchanan, being called, answeied " aye " Mr. W. P. Shingler asked to record the vote he would h^ve given, if present, on an Orainance to ratify the Constitution of the Confederate States of America, and Mr. Shingler being called, answered "aye." Mr. Ch'^ves asked to record the vote he would have given, if pre- sent, on the resolutions suggesting anjcndments to the Constitution of the Confederate States, and Mr. Cheves being called, answered "aye." Messrs. Flud, Snowden, Spain, Williams, Davant and Hutson, asked leave respectively, to change their votes on an Ordinance to ratify the Constitution of the Confederate States of America ; and, being called respectively, answered " aye." On tnotion of Mr. Glover, leave of absence was granted to Mr. Keitt, o« account of sickness in his family. On motion of Mr. Chesnut, leave of absence was granted to Mr. Adams, on account of ill health. On motion of Mr. Hutson, leave of absence was granted to Mr. Frarapton, on account of ill health.. On motion of Mr. Orr, leave of absence was granted to Mf. K. A. Thompson, on account of important business. On motion of Mr. Pope, the injunction of secrecy wa.s removed from the vote on the ratification of the Constitution of the Confederate States. • On motion of Mr. Harllee, the Convention proceeded to the con- o4 266 JOURNAL OF TUp: CONVENTION, sideration of the Eeport of the Committee on the jMilitary, together with the resolutions. The first and second resolutions were agreed to. The third resolution was taken up. Mr. Orr offered the following amendment to the third resolution : Rexolved, That it is the sense of this Convention, that the sudden call which Was gallantly answered by the First Regiment of South Carolina Volunteers, now in the service, and the valuable services which that regiment has rendered, give it a just claim to an honorable discharge as soon as the pressing exigency of State affairs will, in the judgment of the Governor, permit; but that if it should be the desire of the said regiment to prolong its service, then if shall On motion of Mr. D. L. Wardlaw, it was Ordered, That when the Convention adjourns, it shall be adjourned to meet to-morrow at twelve o'clock, M. Pending the consideration of the amendment offered by IMr. Orr, Oji motion of Mr. Bobo, the Convention was adjourned at four o'clock, P. M. B. F. ARTHUR, Clerk of the Convention. SATURDAY, APRIL 6, 18G1. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. J. C. Furman. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Messrs. Barron, Appleby, Barton, Atkinson, • Bcaty, Ayer, Bellinger, SATURDAY, APRIL 6, 1861. 267 Messrs. Eobo, Browu, A. H. Biowu, C. P. Buchauan, Cain, Caldwell, Calhouu, Campbell, Carlisle, Carroll, Caughuian, Charles, Cheves, Clarke, Darby, Davant, DcSaussure, DeTreville, Duncan, Dunkin, Dunovant, R. G. M. DuPre, Easley, Ellis, English, Evans, Fair, Flud, Foster, Furuiau, Gadbcrrj, Garlington, Geiger, Gist, Glover, Gourdin, R. N. Gourdin, T. L. Gregg, Maxcy Gregg, William Grisham, Messrs. Hammond, ^ Harllee, Harrison, Hayne, Henderson, Honour, Hunter, Ilutson, Inglis, Ingram, Jackson, Jenkins, John Jenkins, J. E. Johnson, Kilgore, Kiusler, Landfum, Lewis, Logan, J^IcCrady, Mclver, McKee, McLeod, Manigault, Mauldin, Maxwell, Mayes, Mazyck, - Means, Midd^ton, John Txard Miles, Moore, , Moorman, Noble, Nowell, O'JIear, Orr, Palmer, Parker, Perriu, 268 JOURNAL OF THE CONVENTION, Messrs. Pother, Prcsslcy, Quattlebaum, Heed, Kbctt, Rhodes, Rob ID son, Scott, Sessions, Shiugler, J. M. Shingler, W. P. Simons, Simpson, Sims, Sniitb, J. J. P. Smitb, Thomas Smjly, Snowden, Spain, Messrs. Spratt, Springs, Stokes, Thomson, Thomaa Timmons, Townsend, Wannamaker, Wardlaw, D. L. AVardlaw, F. H. Watts, Whituer, "Wier, "Williams, Wilson, J. H. Wilson, W. B. Withers, Woods, Younjr- Tbc journal of yesterday's proceedings was read. Mr. Quattlebaum presented the report of the (Committee on Printing, in relation to printing the journals of the Convention, &c. : which was ordered to lie on the table, to be taken up in connection with the report of the Engrossing Committee on the same subject. Mr. Rhett asked leave to give the vote he would have given, if present, on certain resolutions adopted yesterday, suggesting amend- ments to the Constitution of the Curifederate States of America; and Mr. Rhett being called, answered "aye." On motion of jMr.#Ayc'r, leave of absence was granted to Mr. Stokes, on account of indispusiiion. Mr. Thomas Thomson offered the following resolutions, which were considered immediately, and were agreed to : Resolved, That the President of this Convention is authorized and directed to issue his warrants upon the Treasury, in the usual form, for the payment of all sums of money allowed by the Convention. Rtsohcd, That the Clerk, Messenger, Door-keeper and Engrossing Clerks of the Convention receive, severally, as compensation for their services, during the present sitting thereof, the same rate of payment, SATURDAY, APRIL 6, 1861. 269 i in proportion to the, time they serve, as is allowed the saiue officers of the House of Representatives of this Stntc. Resolved, That the President of the Convention is authorized and directed to draw his warrant upon the Treasury for whatever sum may be reported to him by the Clork as due for stationery, and any expenses incidental to his office, not otherwise directed to be paid by the Con- vention. Mr. Thomas Thomson offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the sundry articles of furniture, ^ow in St. Andrew's Hall, purchased and used by the Convention, be placed at the disposal and for the use of St. Andrew's Society. Mr. Gadberry asked leave to record the vote he would have given, if present, on certain resolutions suggesting amendments to the Constitu- tion of the Confederate States; and Mr. Gadberry being called, an- swered " aye." Mr. Logan asked to record the vote he would have given, if present, on certain resolutions suggesting amendmsent to the Constitution of the Confederate States of America; and Mr. Logan being called, an- swered "aye." Mr. Charles asked to record the vote he would have given, if present, on certain resolutions suggesting amendments to the Constitution of the Confederate States of America; and ^Ir.. Charles being called, answered " aye." Mr. Campbell asked leave to record the vote he would have given, if present, on certain resolutions suggesting amendments to the Constitu- tion of the Confederate States of America ; and Mr. Campbell being called,, answered " aye." Mr. W. P. Shingler asked leave to record the vote he would have given, if present, on certain resolutions suggesting amendments to the Constitution of the Confederate States of America; and Mr. Shingler being called, answered "aye." Mr. Withers offered the following resolution, which was ordered to lie on the table : Resolved, That in case a vacancy shnll arise, from any cause, in the delegation from this State to the Congress of the Confederate States of America, the Governor of this State be, and he is hereby, authorized to supply such vacancy by appointment, should he think fit. i70 JOURNAL OF THE CONVENTION, On motion of Mr. J. I. Middleton, the Convention went into SECRET SESSION. The Convention resumed the consideration of the report of the Com- mittee on the Military and the accompanying resolutions, together with the amendment thereto, offered by Mr. Orr. Mr. Orr withdrew his amendment. Mr. Perrin offered the following amendment, which was agreed to : Rasolvol, That it is the sense of this Convention that the sadden call which was gallantly answered by the first Regiment of South Caro- lina Volunteers, now iu the service, and the valuable services which that regiment has rcjndercd, give it a just claim to an honorable dis- charge as soon as the pressing exigency of State affairs will, in the judgment of the Governor, permit; but that if it should be the desire of the said Regiment to prolong its service, then it shall — The resolution, as amended, was agreed to. The' remaining resolutions of the series were agreod to; and were ordered to be engrossed, and to be signed by the President and the Clerk. The Convention proceeded to the consideration of an Ordinance to ratify the I'rovisiuual Constitution and Government of the Confederate States of Ameriisa; which was unanimously agreed to, and was ordered to be engrossed, and to be signed by the President and the Clerk. On motion of Mr. Spain, leave of absence was granted to Mr; En- glish, on account of urgent professional business of a public nature. On motion of Mr. Spain, leave of absence was granted to Mr. Mayes, on account of indisposition. On motion of Mr. Orr, leave of absence was granted to Mr. Lewis, on account ot sickness in his family. Mr. Mauigault offered the following resolution, which was considered' immediately, and was agreed to :' Resolved, That the Colonels of the Regiments which have volunteered their services to the State, shall not be required to give bonds for the safe keeping of arms issued to their respective Regiments, and to take similar bonds from the Captains under their oummand. Mr. Simons, from the Committee on 'Engrossed Ordinances, pre. SATURDAY, APRIL 6, 1861. 271 seated the following report, which was considered immediately, and was agreed to : The Committee on Engrossed Ordinances, to whom it was referred : Firsf, to inquire and report " what resolutions and 'orders of the Con- vention, passed in secret session, and how much and what portion of the secret^journal, may now be made public without impropriety;" and SecmnU^y to consider and report upon the following resolution, to wit : " liesolverf, That the injunction of secrecy be removed from the proceedings and debates of this Convention on the Constitution of the Confederate States of America; and that the journals of this Ccnven- tion and of its proceedings thereon, shall be published under the super- vision of the President of this Convention, so soon as the injunction of secrecy shall be removed from the proceedings and debates of the Con- vention of the Congress assembled at Montgomery, which formed said Constitution," having considered these matters, beg leave to REPORT: , That they were attended by the Clerk of the Convention, and with him carefully and minutely perused the journals of the secret sessions of this body, -from the 22d day of December, A. D. 1860, when the Convention first sat with closed doors, until the present time. They find that the injunction of secrecy has already been removed from the Ordinances and the more important resolutions which have been adopted. Your Committee cannot say that the removal of the injunction of secrecy from the remainder of the transactions of the Convention, and their consequent publication, is either improper or incompatible with the public interests. There are a class of resolutions, the publication of which, it was ob- jected in the Committee, might give rise to a niisconcepiion of the real views, and a u)isconstruction of the true action of this body. To these the attention of the Convention is invited. On the 27th day of December of the last year, the morning after Major Anderson had, under cover of the night, dismantled and aban- doned Fort Moultrie, and taken military and hostile occupation of Fort Sumter, a delegate offered the following resolution : " Rtsoficd, That it is the sense of this Convention, that the occupa- tion of Fort Sumter ought at once to be regarded as an authorized oc- cupation, and vigorous military defences provided imjDcdiatcly ;" whicl* was ordered to lie on the table. Many other resolutions to the same 272 JOURNAL OF THE CONVENTION, effect were, from time to time, presented, and were also either ordered to lie ou tlie table or rejected. To remove the iujuiiction of secrecy, and publish to the word these and kindred resolutions, it was sug-jested might lead to the idea that the Convention had, by their action on them, declined to entertain, or assert, and perhaps had denied, the principles therein decl:;red, and had thus placed themselves somewhat in opposi- tion to the views expressed in their behalf by uur Commissioners to the Government at Washington. In this view your Committee do not concur. It is well known to the members of this body, that in truth and in fact, the Convention intended thereby to express no opinion as to the authority and charac- ter of jMajor Anderson's occupation, the same not having been then, as yet, affirmed, denied or adopted by the then Administration, and our Commissioners having, at that time, this, with other complicated and delicate questions, for explanation and, if possible, for adjustment. The reasons thus indicated, which induced the action of the Conven- tion, do not, it is true, appear on the face of the journal or aqcompany the record ; but this may be said of the proceedings in all legislative bodies, and which, therefore, at last, must, in a great measure, depend upon contemporaneous history for their explanation and vindication. In reference to the publication of the debates on the subject of the adoption of the Constitution of the Confederate States of America, your Committee do not perceive how the same could be done under the authority of this body, as no official record of them was kept under its directions. They would, therefore, recommend the adoption of the following resolutions : 1. Rewlved, That the injunction of secrecy be removed from all the transactions of this Convention in secret session, except iu relation to the debates on the Constitution of the Confederate States of America, and the matter this day directed by the Convention to be kept secret. 2. Resolved, That as soon as the injunction of secrecy shall be re- moved from the proceedings and debates of the Convention of Dele- gates, lately assembled at Montgomery, the injunction of secrecy shall likewise be removed from the debutes of this Convention on the Con- stitution submitted for the Confederate States of America. 3. Resolved, That five hundred copies of the journal, public and secret, and of the reports, resolutions and transactions of this Convention be printed, and separately live hundred copies in the following order : SATURDAY, APRIL 6, 1861. 273' 1. All the Ordinances passed by the Convention, in the order of time (except the Ordia-incc of Ratification) ; together with 2. The Bills to amend tha Constitution of this State, ratified during the late session of the General Assembly. 3. The Resolutions for enorrossino; the Constitution. 4. The Constitution of the' State as engrossed. 6. The Constitution of the Provisional Government of the Confed- erate States of America. 6. The Constitution of the Confederate States of America. 7. The Ordinance of Ratification. 8. The Resolutions suggesting amendments. And that the same be distributed as follows : For the JCxccutive, 10 copies; for the Legislative Library of the Congress at iMontgomery, 5 copies; for the Legislative Library at Co- lumbia, 5 copies; for the Libraries of the Coui-t of Appeals at Colum- bia and Charleston, each 5 copies; for the members of the Convention, and members of the General Assembly of the State, each 1 copy; for the Governors of the several Confederate States, each 1 copy; for the Chief Justice and Associate Justices of the Court of Appeals, and for the Chancellors and Judg(Js of the State, each J. copy; for the Col- lege and various public Libraries in the State, each 1 copy; for the Attorney General, Solicitors, Secretary of State, Surveyor General and Treasurers of the Upper apd Lower Division, each 1 copy for the use of their respective offices ; and that the residue be distributed under the direction of the President of this Convention. All of which is respectfully submitted, ^LHOMAS Y. SIMONS, Chairman. On motion of Mr. Fair, leave of absence was granted to Mr. Watts, on account of important business. An Ordinance, ceding the possession of the Forts, Arsenals, &c., to the Confcd^ate States of America (reported by the Committee on Relations with the slaveholding States of North America), was taken up; and, on motion of Mr. Pope, was made the special order of the day for Monday next, at eleven o'clock, A. M. On motion of Mr. Bubo, leave of absence was granted to Mr. Lan- drum, on account of important profes.sional business. Mr. Ilayne offered the following resolution, which was ordered for consideration on «\Ionday next : 35 274 JOURNAL OF THE CONVENTION, Rcsohe(J, That the President, or in case of his death or absence from the State, any one of a Committee of three, now to be appointed by him, be authorized to call together this Convention at such time and place as may be doomed expedient, whenever the exiyeucy of pub- lic afi'airs or the welfare of the State may require : Frovidid, that if this Convention is not called together before the first day of January, 1862, said Convention shall, on that day, stand adjourned nine die. Mr. Whitner presented the following report, which was ordered for consideration on Monday next : The Special Committee appointed to " consider and report whether any, and if any, what measures ought to be adopted for the protection of'suitors and parties to causes pending in Court," under circum- stances enumerated in the resolution committed, have had the same under consideration, and respectfully report, that although great injury may result in a given case, such as seems to be contemplated by the resolution, from a stringent application of the rules of the various Courts in this State, yet the Committee hesitate to enlarge 'bx restrain the discretion of those entrusted with tlic administration of justice, by an attempt to direct any specific mode in which that discretion shall be exercised, even tluder exigencies now existing. On motion of Mr. Miles, leave of absence was granted to Mr. Snow- den, on account of illness on his plantation. On motion of IMr. Fair, the Convention was adjourned at forty-five " minutes past four o'clock, P. M. B. F. ARTHUR, , ■ Clcrh of the Convention. MONDAY, APRIL 8, 1861. 275 MONDAY, APRIL 8, 1861. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. Daniel DuPre. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Barron, Beaty, ' Bethea, Brown, A. II. Brown, C. P. Buchanan, Burnet, Cain, • V Caldwell, • Calhoun, Cauipbejl, Carlisle, Caughman, Conner, Davant, Dunkin, DuPre, Easley, Evans, Fair, Flud, Foster, Fur man, Garlington, Geiger, Glover, Gourdin, R. N. Gourdin, T. L. Gregg, William Hammond, Messrs. I^arllee, Harrison, Henderson, Hunter, * Hutson, Inglis, Jackson, Jeflfcries, Jenkins, J. E. Johnson, Kershaw, Kilgorc, • Kinard, Logan, McCrady, M elver, McKee, McLeod, Mauldin, Maxwell, Muzjck, Means, Middleton, John Izard Moore, Moorman, Nowcll, • O'Hcar, Orr, Palmer, Parker, Penin, 276 JOURNAL OF THE CONVENTION, Messrs. Porcher, Quattlebauni, Reed, Rhodes, Robinson, Rowell, Scott, Sessions, Shingler, J. M. Sliingler, W. P. Simous, Simpson, SiiiiS, Smith, J. J. P; Messrs. Smith, Thomas Spain, Spratt^ Springs, Timiuons, Townsend, Wier, Williams, Wilson, I. D. Wilson, J. H. ■ Withers, Woods, Young. The journal of Saturday's proceedings was read. The President laid before the Convention the following communica- tion, which, on motion of Mr. Quattlebauui, wasjordered to be entered on the journal : To the Hunorahlc the Presuhnf and Convention of the State of South Carolina, in Charleston ai^sembffd : Having been honored by your body with an appointment of Commis- sioner to the State of Texas, with instructions to lay before her Conven- tion an Ordinance of the State of South Carolinn, by which she dis- solved all connection with the Federal Government of the United States, &c., 1 beg leave to report that, as early as practicable after I received the intelligence, I repaired to Austin, having but meagre in- formation of tl;e political condition of the State, or whether 1 should tind a Convention, authorized to control her de.«tinies, and able to over- come the opposition of her Executive, who was known to entertain in- veterate hostility to secession, and everything looking to resistance to Black Republican dominion in the country, and who had interposed every obstacle in his power to check the spirit, and arrest the progress of the people, in their determination to vindicate the safety and honor of the State. But I was greatly gratilied, when I reached the .seat of government, to • find in session, both the Legislature of the State, and a large and intel- ligent Convention of Delegates, acting in concert, witli a spirit, wisdom and patriotism, which I hazard nothing in saying, would do honor to any State on the continent. MONDAY, APRIL 8, 1861. 277 Their Conventiou was the result of a spontaneous "uprising of the people, who had the intelligence to understand their rights, and the spirit to maintain them against every obstacle. They had in vain ex- hausted all the means in their power, to induce the Executive to con- vene the Legislature, to call a Convention by the usual forms of law. He not only refused, but after they had elected delegates to their Co'n- vention, he Issued his proclaujation calling the Legislature together, as is generally believed, to defeat the objects of the People's Convention, which, in his message to the Legislature, he denounced, and utterly repudiated its authority to act. The Legislature assembled before the Convention, and with great unanimity, by one of its first Acts, legalized, as far as they could do, tha election of Delegates and tfie authority of the Convention to exer- cise the'sovereignty and will of the People. As the Commissioner from the State of South Carolina, I was re- ceived by that high-spirited aud patriotic Convention, in a manner most complimentary to our State, and gratifying to me, and was allowed an early opportunity to discharge the duties of my mission. In obedience to the instructions of your honorable body, I presented the Ordinance o'f Secession of our State, and other accompanying docu- ments, and also invited them, in the event of their secession, to unite with u.s, and other seceding Southern States, in the formation of a Con- federacy, and with that view, to send delegates to a Convention to be held at Montgomery. The response of the noble State of Texas, through her patriotic and intelligent representatives, and indeed, through the ballot box, by the people themselves, with very great unanimity, is too well known to your honorable body, and to the country,' to require detailed information from me. It is most gratifying to know, that with -^her vast and rich domain; with resources, when developed, sufficient for empires with millions of inhabitants J though opposed at every step by the legally constituted head of the then Government of the State, in the person of her eccentric Executive, and exposed, upon her entire western and northern border by three distinct classes of most unprincipled ene- mies, to wit : Indians, Mexicans and Abolitionists, ^he has had the wisdom and the spirit to cast from her, forever, the shackles of an arrogant, desolating tyranny, and unite her destinies with those of the Confederate States of the South, whore I trust she shall be estimated according to her worth ; protected as she evidently deserves to be ; and 278 JOURNAL OF THE CONVENTION, never again be united, in any union whatever, with a noa-slaveholding or fanatical people. < All of which is respectfully submitted. I have the honor to be, Your obedient servant, JOHN McQueen. April bill, 1861. Mr! Simons presented the report of the Committee ou Engrossed Ordinances, together with certain resolutions; which was considered im- mediately, and was agreed to. Mr. Simons offered the following resolution, whicli was considered immediately, and was agreed to : > Rcsolred, That the President of this Convention be authorized to draw his draft on, the Treasury, countersigned by the Cashier, for the payment of the gas consunied daring the session of this Convention, and also for the fees of the keeper of the St. Andrew's Hall, usual and customary. INIr. Simons offered the following resolution, which was considered immediately, and was agreed to : Resolved, That there be allowed C. D. Melton Esq., the Solicitor in attendance on this Convention, the same per diem and mileage as is allowed to the members of the Convention ; and that the President of this Convention be authorized to draw his draft on the Treasury, coun- tersigned by the Cashier, for the same. Mr. Thomas Thomson, from the Committee on Accounts, made the following report, which was considered immediately, and was agreed to : The Committee on Accounts, to whom was referred the account of Gilbert 2 ; nays, 32. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are lion. D. F. Jamiso.n, President; and Messrs. Allison, Messrs. Bellinger, Appleby, Bethea, Atkinson, Calhoun, Ayer, Carlisle, Barron, Carroll, Barton, Caughman, Beaty, , Cheves, WEDNESDAY, APRIL 10, 1861. 297 Messrs. Davant, DcSaussurc, Duncan, DuPre, Easley, • Ellis, Garlington, Geiger, Hammond, Harrison, Hwyne, Henderson, Honour, Hunter, Hutson, Jackson, Jelferies, Jenkins, J. E. Kilgore, Kinard, McLeod, Majrrath, Mauldin, Maxwell, Messrs. Mazyck, Means, Moore, Orr, Palmer, Parker, Reed, Robinson, Rowell, Scott, Shingler, J. M. Shiuolcr, W. P. Simons, Sims, Smith, Thomas Spratt, ' Springs, Thomson, Thomas Timmons, Wier, Wilson, J. H. ' Woods, Young. f Those who voted in the negative, are Messrs. Bobo, Brown, A. H. Buchanan, Cain, Caldwell, Clarke, Darby, DcTreville, Fair, Flud, FuTman, Gist, Glover, 8b Messrs. Gourdin, II. N. Hanckel, Inglis, Kinsler, McCrady. McKee, Middlcton, J. Izard Middleton, W. Miles, » Moorman, Nowoll, O'Hear, Pope, 298 JOURNAL OF THE CONVENTION. Messrs. Quattlcbaum, Jlessrs. Smith, J, J. P. Richardson, J. P. Townsend, Simpson, Wardlaw, D. L. So the motion was agreed to; and the Convention was adjourned in accordance with the provisions of the resolutions. J3. F. ARTHUR, Clerk of the Convention. • -^^ PROCLAMATION. STATE OF SOUTH CAROLINA : Know all Men hy these Presents, That I, D. F. Jamison, President of the Convention of the People of South Carolina, assembled pursu- ant to an Act of the General Assembly, passed on the thirteenth day. of November, in the year of our Lord one thousand eight hundred and sixty, and which adjourned on the tenth day of April, one thousand eight hundred and sixty-one, by virtue of the authority vested in me by the said Convention, do hereby convoke the same ; and, by these presents, do herewith summon the members of the said Convention to reassemble at Columbia, in the State aforesaid, at twelve o'clock, M., on the twenty-sixth day of December next. Given under my hand, at Burwood, Barnwell District, this four- teenth day of December, in the year of our Lord one thousand eight hundred and sixty-one. D. F. JAMISON, ^ President of the Convention. Attest : B. F. Arthur, Clerk. « THIRD SESSION. THURSDAY, DECEMBER 26, 1861. Parsuant to the I'roclamation of the President of the Convention issued on the fourteenth day of December, one thousand eight hundred and sixtj-one, the Convention of the 'People of South Carolina re- assembled in the Hall of the House of Representatives, in the City of Columbia, on this day, at twelve o'clock, M. The President took the chair, and the proceedings were opened with prayer by Rev. T. R. English; after which, the Clerk called the roll, and the following Delegates answered to thetr names : Messrs. Allison, Appleby, Atkinson, Barron, Barton, Brown, A. H. Buchanan, Cain, Caldwell, Carlisle, • Carroll, Caughman, Cauthen, Curtis, Davant, DeSaussare, Dunkin, Dunovant, R. O. M. DuPro, Enplifih, Messrs. Fair, Finley, Flud, Forster, Gad berry, Garlington, Geiger, Gist, Glover, Gourdin, R. N. Gourdin, T. L. Green, Gregg, Maxcy Gregg, William Grisham, Harrison, Hayne, Henderson, Hopkins, Hutson, 302 JOURNAL OF THE CONVENTION, Messrs. Jenkins, John Keitt, Kilgorc, Kiuard, Kinsler, Lawton, Lewis, McCrady, Maxwell, Mayes, Middletou, John Izard Middleton, Williams Noble, No well,' O'Hear, Palmer, Parker, A quorum of the Convention On motion of Mr. Keitt, the morrow at ten o'clock, A. M. Messrs. Pope, Quattlebaum, Eaiuey, • Khodcs, Scabrook, E. M. Seabrook,'G. W. iShintrler, J. M. Shingler, W. P. . Smith, J. J. P. Springs, Stakes, Tinimons, Tompkins, Townscnd, Williams, Wilson, W. B. Young. not being present, Convention was adjourned to meet tb- B. F. AllTHUR, Clerk of the Convention. FRIDAY, DECEMBER 27, 18G1. At fho hour to which the Convention was adjourned, the President look the chair, and addressed the Convention as follows : Before your adjournment, on the 10th of April last, you devolvej on me the very responsible duty of calling you together, whenever, in my judgment, the public exigencies should require it. 1 have seldom been j)laced in a situation, where the responsibilities attending it have weighed more heavily upon me than ift the discharge of this duty. While, on the one hand, I felt that it might be expected of me, in reassembling a body which brought again into active exercise the sov- ereign authority of the State, that I should be able to indicate certain FRIDAY, DECEMBER 27, 1861. 303 specific, remedial measures for the difficulties and perils that surround us ; yet, on the other hand, I was conscious that there were great ques- tions likely to arise out of the critical position of our affairs, which could only be met and solved by a body of representative men from all parts of the State, selected for their supposed qualifications for a time of revolution, wlio, while they could exercise supreme power, possessed the entire confidence of the people of South Caroliaa. Within the last two months our soil has been invaded by a hostile force, and our enemies are, at this moment, in possession of a portion of the wealthiest and best part of our seaboard. Apart from the serious loss, resulting from this inrasion, to a large number of our citizens, a question of great moment may arise, what shall be done with the slave population wliich have come in contact with abolitionism. At one time it was a question of great imminence — but I trust that danger is now wholly past — what should be done with our metropolis, if it were likely to fall into the hands of the enemy. Besides, if the present condition of things last, it might happen — the great body of our people being in the field — that the next fall elections might be suffered to go by default, and the State would then be left without an organized government. AVeighty as these and other reasons were, which operated on my mind, they were not sufficient to decide my action in reassembling you. When you adjourned in April last, the condition of the country was involved in uncertainty and danger, and you prolonged your exist- ence for eight months. The perils which now threaten the State, are of a far graver character than they seemed to any of us at the period of your last adjournment; and, therefore, I felt fully assured that if you had been in session at the time when you were summoned to meet here, that you would not have limited youi: existence to the term you before prescribed. Influenced by such convictions, I was unwfUing to a8.«ume the res- ponsibility of permitting you to be dissolved. I have therefore called yu together "for the purpose of taking into 'consideration the dangers incident to the position of the State, and to take care that the Com- monwealth "of South Carolina shall suffer no detriment," or, to fix such further time for the dissolution of this body, as in your judgment may be deemed best. The proceedings were opened with prayer by Rev. William Curtis; 304 JOURNAL OF THE CONVENTION, after uhich the Clerk called the roll, and the following Delegates an- swered to their names: Messrs. Allison. Appleby, Atkinson, Ayer, Barron, Barton, Betliea, Bobo, Brabham, Brown, A. II. Brown, C. P. Buchanan, Burnet, Cain, Caldwell, Calhoun, Campbell, Carlisle, Caughman, Cauthen, Charles, * Chesnut, Clarke, Curtis, Darby, Davant, DeSaussure, DeTrcville, Duncan, Dunkin, Dunovant, A. Q. Dunovant, R. G. M. DuPre, English, Evans, Fair, Fiuley, Messrs. Flud, Forster, Furujan, Gadberry, Garlington, Gcigcr, Gist, ' Glover, Goodwin, Gourdin, II. N. Gourdin, T. L. Green, Gregg, Maxcy Gregg, William Grisham, Hammond, Hanckel, Harrison, Hayne, Henderson, Hopkins,' Hunter, Hutson, Inglis, Ingram, Jackson, J cfl'eries, Jenkins, John Kcitt, Kilgore, Kiuard, Landrum, Law ton, McCrady, M elver, McKee, McLeod^ FRIDAY, DECEMBER 27, 1861. 305 Messrs. Magrath, Maaigault, Mauldiii, Maxwell, Mayes, Mazyck. Means, Middleton, John Izard Middleton, Williams Moore, jMoovmao, Noble, Nowcll, O'Hear, Palmer, Parker, Perria, Pope, Porchqr, Quattlcbaum, Jlainey, Reed, Rhodes, Robinson, Rowell, Scott, Messrs. Seabrook, E. M. Seabrook, G. W. Sessions, Shingler, J. M. Sbiooler,.W. P. Simons, Simpson, Sims, Smith, J. J. P. » Snowden, Spain, Spratt, Springs, • Stokes, Thompson, R. A. Timmons, Tompkins, Watinamaker, Wardlaw, Whitner, Wier, Williams, Wilson, I. D. Wilson, J. H. Youncr. The journal of yesterday's proceedings was read. The President announced that Mr. C. H. DeLorme is appointed Messenger, and Mr. S. Waddell is appointed. Door-keeper of the Con- vention. The President presented to the Convention the following communi- cation : Charleston, December 24, 1861. Hon. r>. F. Jamison, - President of Convention of South Carolina : Dear Sir : I greatly regret that circumstances, grow-ng out of the late conflagration iu thi.s city, will prevent me from attending the uiecliiig of the OuQVuuUuu. 30C . JOrBNAL OF THE CONVKNTION, . May 1 ask the favor of you to comniuiikate the - reason of niy non- aiteudance, and aek'for lue leave of absence, aud much oblige, Very respectfully, your obedient servant, JNO. II. HONOUR. • On motion of Mr. Magralh, leave of : bscnce was granted to Mr. Honour. Mr. George Boswell, Delegate from Edgefield, elected to fill the va- . cancy occasioned by the death of Mr. F. 11. AVardlaw, appeared at the Clerk'e desk, produced his credentials, signed the roll, and took'hia seat. Mr. John S. Preston, Delegate from Kichland, elected to fill the vacancy occasioned by the death of Mr. J! U. Adams, appeared at the Clerk's desk, prciduced his credentials, signed the roll, and took his seat. Mr. Quattlebaum offered ihe following resolution, which was consid- ered immediately, and was agreed to: Wlnrai.'!, The contract for Printing, by Messrs. Evans and Cog.s- well, was confined to the sittings of the Convention' while held in Charleston : Be it R(solued, That it be now referred to the Committee on Print- ing, to receive proposals for printing the proceedings of the Convention while the sittings thereof shall be held iu Columbia; and that they report thereon as early as practicable. On motion of Mr. Dunkin, the Convention went into SECRET SESSION. Mr. Hayne offered the following resolution : Resolveil, That the following Special Committees be raised : Special Committee Nu. 1, wliich shall be charged with devising and reporting a scheme of action in relation to slaves in the possession or under the influence of the enemy on the seaboard, and in rebition to those slaves likely to become so. Special Cummiftee Nu. 2, which shall be charged with con.sidcring and reporting upon the proper action of tlie State in case, at any time, further valuable, portions of our territory should be pronounced untena- ble by the military authorities. FRIDAY, DECEMBER 27, 1861. 307 Special Committee Jio. 3, which shall be charged with considering and reporting the means by which the State can afford most ready and efficient aid to the Confederate authorities in expelling the invaders from our borders. Special CommiUee No. 4, which shall be charged with devising and reporting a plan for building or procuring war vessels for harbor and coast defence. Special Committee No. 5, which shall be charged with devising tind reporting a plan for strengthening, during the exigencies of the war, the Executive Department, by giving to the Gove-nor a Cabinet, for pur- poses of consultation and performance of administrative functions. On motion of Mr. McCrady, the question tipon the adoption of the various clauses of the resolution was divided. Mr. Maxcy Gregg moved that the first section of the resolution ^be referred to the Committee on the Military ; which motion was not agreed to. The first section was agreed ko. The second section was agreed to. Mr. loglis moved to amend the third clause, so as to read, " That the Committee on the Military be charged with considering and reporting the means by which the State can afford most ready and efficient aid to the Confederate authorities, in expelling the invaders from our borders ; " which motion was not agreed to. The third clause was agreed to. The fourth clause was agreed to. Mr. J. J. P. Smith moved that the fifth clause be amended by strik- ing out the words, " by giving to the Governor a Cabinet for purjjoses of consultation and performance of administrative functions." The amendment was accepted by the mover of the resolution, and the clause a.s amended wns agreed to. On motion of Mr. Hayne, it was resolved fhat Special Committee No. 1 consist of seven persons; and Special Committees Nos. 2, 3, 4 and 5 consist each of five persons, to bo appointed by the President of the Convention. • .Mr. Inglis offered the following resolution, which was cotl^idcred im- mediately, and was agreed to : Reaoloed, That it be referred to Special Committee No. 5, to inquire 308 JOURNAL OF THE CONVENTION, and report upon the expediency of providing ibr the creation of an Executive Council, to be called The Council of Safety, to continue in exi.'^tince duriiip tlio present war iK-twocn the Confederate »*^l,'itos and t^e United States, unless sooner aboli.slicd by Ordinance of tliis Con- vention, and to be constituted on the following principles : Tlie said Council shall consist of the I^icutcnant (jovernor and ^ix other persons, to be elected by this Convention by ballot, one from each of the Con- pretsional IMstricts of the State ; and for the purpase of such election the delegation of each Congressional District in this body shall nomi- nate two persons resident within the liu)its of their District, one of whom shall be chosen as aforesaid by the Convention. The Governor of the State, for the time being, ."^hall submit to the consideration of the said (^uncil all nominations or aj.pdintmeiits to office, civil or military, and all other acts and measures of either kind wkich, by the Constitution and laws of this State and the Ordinances of this Convention, he is or shall be authorized and en)powcrc'd to make, do, or adopt, and no appointment to ofVice, or act or measure, shall bo valid of binding unless sanctioned by the advice and consent of a clear majority of the said Council. The said Council shall be convened from time to time by the suin- inons of the Governor, and shall keep a record of their proceedings, aud for this purpose the Special Private Secretary of the Governor shall be Secretary of the Council, without additional pay. The members of the said Council shall receive a compensation of ten dollars per diem for everyday during which they shall bo in attendance upon the sessions oT the Council, aud in addition, ten cents per mile for every mile actually traveled in going to and returiiing from the place of the said session. Mr. Fair offered the following resolutions, which were considered immediately, and wore agreed to : Iirsohctf, That it bc*referred to the Committee on the Constitution to intjuire and report as to the propriety and expodieney ot suspending during the present war, tiie twenty-ninth section of Article first of the Constitution of this State : • Also, as to the necessity and expediency of suspending or repealing the third section of an Act of the General Assembly entitled '* An Act for regulating and fixing the salaries of several officers, and for other purposes therein mentioned," ratified the 27th March, 1787. SATURDAY, DECEMBER 28, 1861. "^ 809 Also, to inquire and report as to the necessity and expediency of suspending during the war so much of tlie Constitution of this State as may be found to conflict with the action of the Cenenil Assembly at its recent session, in reference to providing for the exercise of the right of suffrage by citizens who arc in the public service, or who aro driven from their homes bj^the presence of the enemy. On motion of Mr. McCrady, the Convention resolved itself into open session. Mr. Preston offered the following resolutions, which were considered immediately, and were agreed to : Whrrras, This Convention of the People of South Carolina have heard, with profound grief, of the death of James 11. Adams, a del(v gate to this Convention from the people of Richland District : J3e it RewlvciJy nnnnimousli/, That in the judgment of this Conven- tion, the death of James XL Adams deprives the State of one of her wisest counsellors and most patriotic citizens. Ra^oheJ, That the President of this Convention be requested to conjmunicate these proceedings to the family of the deceased, and or- der the same to be recorded in the journal of the Convention. Resolved, In further testimony of the respect of this Convention for the memory of James H. Adams, the Convention do now adjourn. The Convention was adjourned at fifty minutes past twelve o'clock, M. B. F. ARTHUR, Clc7-k of the Convention. SATURDAY, DECEMBER 28, 1801. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. Daniel DnPre. The Clerk called tlie roll, and the following Delegates answered to their names : Measre. Allison, Messrs. Barnwell, AtkinnoQ, Barroa, Ayer, . Haituri, 310 JOURNAL OF THE CONVENTION, Messrs. Bethea, Bobo, Boswcll, Brabliain, Brown, A. H. Brown, C. P. Bucbunan, (jain, Caldwell, Calhoun, Campbell, Carlisle, Caugliuian, Cautheu, Charles, Chksnut, Clarke, ' Curtis, Darby, Davaut, Davis, DeTreville, Duncan, Duukin, Dunovant, A. Q. DuPre, English, Fair, Fin ley, Flud, Forstor, Furuian, (iarlington, Geiger, Gist, Glover, Goodwin, Gourdiu, R. N. Gourdin, T. L. Green, Messrs. Gregg, Maxcy Gregg, William Gri.shani, Ilainuioud, llanckel, Harllee, Harrison, Hayne, Henderson, Hopkins, Hunter, Hutson, Inglis, Jackson, Jeff cries, Jenkins, John Johnson, Keitt, Kilgore, Landruni, • ]ja\vton, 31 elver, jMcKee, McLeod, Magrath, Manigault, Mauldin, Maxwell, Mayes, ISIazyck, Middleton, John Izard Middleton, Williams Moore, Moorman, Nowell, O'Hear, Palmer, Parker, Perriu, Porcher, SATURDAY, DECEMBER 28, 1861. 311 Messrs. Preston, Messrs. Sniyly, Quattlebaum, Snowden, Raiuey, Spain, Rcc' , Spratt, Rbett, Springs, Rhodes, Stokes, Richardson, F. D. Thompson, R. A, ]{obiuson, Timmons, Rowell, Tompkins, Scott, Wannamaker, Stabrook, E. M. 1 Wardlaw, Seabrook, G. W. Whitner, Sessions, • Wier, Shingler, J. M. •Williams, Shin^ler, W. P." Wilson, I. D. Siujons, Wilson, J. H. Simpson, Woods, Sims, Young. Smith, J. J. P. The journal of yesterday's proceedings was read. The President laid before the Convention the following communica- tion : Head Quarters Ch. Lt. Dragoons, On Broad River, December 25, 1861. Hon. D. F. Jamison : Dear Sir : I write to request leave of absence from the present session of the Convention, on account of military reasons. My com- mand is upon a somewhat exposed outpost; and the Commanding Gene- ral (Pemberton) is extremely reluctant to give permission to officers to leave their posts at the present juncture. Believing that I may be of more service to the State where I am, than in endeavoring to assist the dcliberittions of the Convention, I make the above request. I have the honor to be, Very respectfully, Your obedient .servant, B. H. RUTLEDGE. 312 JOURNAL OF THE CONVENTION, On motion of Mr. J. Izurd Middleton, leave of absence was granted to Mr. Rutledire. On motion of Mr. Harllee, leave of absence was granted to Mr. Bonueau, on account of militiiry duty. On motion of Mr. llutson, leave of absence was granted to Mr. Frampton, on account of domestic circumstances forbidding bis absence from his family. ' The President laid before the Convention the following communica- tion : Walterboro', S. C, December 24tlf, 18G1. Hon. D. F. Jamison, Fresulenl of the Convent iun : Dear Sib : I am sorry to inform you that it is out of the question for me to attend the meeting of the Convention, ordered for to-morrow. I Ai confined to my room from sickness, and my physician expressly forbids my leaving home at the present time. • I am, dear sir, Yours, with respect and esteem, M. E. CARN. On motion of Mr. Kcitt, leave of absence was granted to Mr. Cam, Mr. Quattlebaum, from the Committee on Printing, made the follow- ing report, which was considered immediately, and was agreed to: Tlie Committee on Printing, to whom was referred a resolution in- struetiuir them to receive proposals fur printing the proceedings of the Convention while its sittings shall be held in Columbia, beg leave to report, that they h.ive discharged the duty assigned them ; and after due notice being extended to sueh parties as were supposed to be capa- ble of doing tlie work, Dr. R. W. (iibbcs is the only one who has made them an offer. He proposes to 'execute the work in good style, and on paper equal in quality to that used for the legislative printing in 1858 and 1859, on the following terms : " For journals, calendars, reports, resolutions, &c., for 200 copies, 81 3G per puge. For more than 200 copies, the cost of composition (55 ccnt«) deducted for each 200, viz: 81 cents per page — being tlie same price paid in Charleston." Your Committee, believing Dr. (Jibbes to be prepared to do the work as stated, recommend the adoption of the following resolution : SATURDAY, DECEMBER 28, 1861. 813 Re%olvcd, That Dr. R. W. Gibbes be appointed Printer to the Con- vention wbi^c its sittings shall be held iu Columbia. On motion of Mr. Quattlebaum, the Convention went into SECRET SESSION. The President announced the following Committees: Special Committee No. 1, which shall be charged with devising and reporting a scheme of action in relation to slaves in the possession or tinder the influence of the enemy on the seaboard,' and in relation to the slaves, likely to become so : Messrs. R. W. Barnwell, B. F. Dunkin, A. G. Magrath, James Chesnut, Jr., John Townsend, J. H. Means, Wm. II. Gist. Special Committee No. 2; which shall be charged with considering and reportii]g upon the proper action of the State, in case, at any time, further valuable portions of our territory should be pronounced untena- ble by the military authorities : Messrs. I. W. Hayne, J. N. Whitner, J. P. Carroll, Wm. F. DeSaussure, R. N. Gourdin. Special Committee No. 3, which shall be charged with considering and reporting the means by which the State can afi'ord most ready and efficient aid to the Confederate authorities in expelling the invaders from our borders : • Messrs. J. L. Orr, Maxcy Gregg, L. M. Keitt, R. DcTrcvillc, Thomas C. Pcrrin. Special Committee No. 4, which shall be charged with devising and 40 S14 JOURNAL OF THE CONVENTION, reporting a plan for building or procuring war vessels for harbor and coast defence : Messrs. A. H. Brown, John S. I'rcston, J. Izard jMiddleton, A. C. Spain, F. J. Torcher. Special Committee No. 5, which shall be charged with devising and reporting a plan for strengthening, during the exigencies of the war, the Executive Department : Messrs. D. L. Wardlaw, T. W. Glover,. , J. A. Inglis, Edward McCrady, Wm. P. Finley. Mr. Magrath offered the following resolution, which was considered immediately, and was agreed to : Resolved, That the President of this Convention be requested to fill all vacancies in the Military Committee, appointed .at the previous ses- sion of this Convention ; and that such committee be a Standing Com- mittee of this Convention. Mr. Magrath gave notice thnt he will, on Monday next, ask leave to introduce an Ordinance to provide an armed force for the defence of the State. Mr. Magrath offered the following resolutions, which were considered immediately, and were agreed to : . Resolved, That his Excellency the Governor be rocjuested to com- municate to this Convention, the number of Keginients from this State, which have volunteered in the service of the Confederate States, for the war; of that nun)ber, how many are in service without the limits of the State J and hcnv many are in service within the limits of the State; and also the original and the present strength of such regiments. That his Excellency the Governor be further requested to eomiiiuni- cate to this Convention the number of Kegimeuts from this State which SATURDAY, DECEMBER 28, 1861. 315 have volunteered in the service of the Confederate States for twelve months ; of that number, how many arc in service without the limits of the State; and how many are in service within the limits of this State, and also the original and present strength of such regiments, and that the same information be given of any detached companies or battalions in service for the war or for twelve months. That his Excellency the Governor be further requested to commu- nicate to this Convention the number of arms belonging to this State^ which have been given to Regiments of this State, now in the service of the Confederate States, without thfe limits of this State ; how many of such arms have become useless to such regiments by the various causes which have reduced the effective force of such regiments, and what measures, if any, have been taken to have such arms brought back to this State. That his Excellency the Governor be further requested to commu- nicate to this Convention, the number, grade and condition of arms belonging to this State, issued to any portieu of the militia of the State, not in actual use, by reason of exemptions or disabilities, held or claimed by any persons in part composing such militia, and also the number of public arms now in the State, and prepared for immediate use. Mr. Mazyck offered the following resolution, which, on motion of Mr. Wardlaw, was ordered to lie on the table : Resolved, That a lawprohibiting or arresting the enforcement of con- tracts by legal process, whether permanently or for a limited time, is "a law impairing the obligation of contracts" within the meaning of the second section of the ninth Article of the Constitution of the State. Mr. DeTreville offered the following resolutions, which wer6 referred to the Committee on the Military: Rnaofved, That aliens, the subjects of States or sovereignties in amity with the Confederate States, residing within tbo limits of tins .*;jtate, are, and ought to be to the same extent as are mir own citizens, liable to military duty, and that the several military oflRcers of the State are hereby required and commanded to cause such aliens as are able-bodied, between ti»e ages of sixteen and sixty, residing in their respective Distridlfl, to enroll thenisclves forthwith in the ranks of any one of the military organizatioDs of the State for military duty. 316 JOURNAL OF THE CONVENTION, Resolved, That all military officers while in actual service are author- ized, aud so shall be authorized, during the continuance of the present war, to use promptly such force as may be in their judgment necessary to compel any person or persons liable to militia duty to take arms for the defence of the State, and perform military duty in some of tlie or- ganizations of the State, without being obliged to seek the aid of courts martial. Mt. Tnglis offered the following resolution, which was considered im- mediately, and was agreed to : Resolved, That his Excellency the Governor be requested to inform this Convention what regiments, battalions or companies of volunteers have 'been organized within this State, under any law of the State Oy any call of his Excellency, and are now in existence, but have not ye been mustered into the service of the Confederate States; together with the strength of such organizations, and their prcbcut position aud service. ISIr. DeTrovillc offered the following resolution, which was considered immediately, and was agreed to : Resolved, That it be referred to the Committee on the Military, to inquire and report on the expediency of authorizing and requesting the Governor to appoint a suitable person for the city of Charleston, whose duty it shall be, when by him required, to close all places of business within the city, after giving five days' public notice — except such places of business as are managed by men disqualified by reason of age or otherwi.se, for militia duty — or by women — and except such places as are used for the manufacture of arms and munitions of war, and the preparation of naval and military stores. Mr. Inglis offered the following resolution, which was considered im- mediately, and was agreed to : . Resolved, That it be referred to the Committee on the Military, to inquire and report upon the expediency of providing some prompt and effectual method of collecting the public arms, which are now scattered over the State in the posses.sion of individuals ur othcrwi.>Jvpil, Tliat whenever any part of the proceedings of this Con- vention in secret session shall be ordered to be printed for the use of the Convention, it shall be the duty of the Printer to print only so many copies as will be equal to the number of menibcrs in attendance upon the ('onventiuu, and the Clerk ; and to deliver all the same, togetlier with the manuscripts, to the Clerk or Messenger in person, to be by him distributed to the members, and to no other person, and so as that each member shall receive one copy; and if the Printer shall print any larger number, or shall retain in his possession, or deliver to any other person than as herein ordered, any copy or copies of the same, or shall otherwise, by his agenc}' or neglect, cause or permit the fame to become known to any one who is not entitled to such knowl- edge, he shall, therefor, forfeit all compensation which by contract he is or will be entitled to recei^fe for printing done for this Convention, besides being answerable as for a contempt of this Convention. The President laid before the Conveutiuu the following communica- tion : To the PrcxHent and Manhers of the Convention : Gentlemen : As Keeper of the State House and Librarian, I pray leave to say that I shall always be found in attendance and ready to render such services as the Convention may see lit to command. With high respect, Your obedient servant. Til EG. STARK. Mr. Spain offered the following resolution, which was considered im- mediately, and was agreed to : ResolvciJ, That Mr. Theodore Stark, the Keeper of the State House and Librarian, be admitted to a seat on the floor during secret session, on taking tlic oath to keep the secrets of the Convention. Mr. Stark, and Messrs. Withington, D-rane, IJuford and Patton, attended at the Clerk's desk, and were sworn to secrecy by the Presi- dent. On motion oC Mr. McCrady, leave of absence was granted to Mr. Memmingcr, on account of public engagements. WEDNESDAY, JANUARY 1, 1862. 327 Mr. Inglis offered the following resolution, which was considered im- mediately, and was agreed to : Resolved, That it be referred to the Committee on the Constitution to inquire and report as to the expediency of abolishing the oflSces of Comptroller General and Treasurers of the Upper and Lower Divisions, and substituting a single office of Secretary of the Treasury, to whom shall be assigned all the duties heretofore belonging to the said three offices. On motion of Mr. Quattlebaum the doors were opened. On motion of Mr. Perrin, it was » Ordered, That when the Convention adjourns, it shall be adjourned to meet to-morrow at eleven o'clock, A. M. On motion of Mr. Keitt, the Convention was adjourned at three minutes past two o'clock, P. M. B. F. ARTHUR, Clerk of the Convention. WEDNESDAY, JANUARY 1, 1862. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by the Rev. J. G. Landrum. The Clerk called the roll, and the following delegates, answered to their names : Messrs. Allison, Messrs. Brown, C. P. Appleby, Cain, Atkinson, Caldwell, Ayer, Calhoun, Barron, Campbell, Barton, Carlisle, Bethea, Carroll, Bobo, Caughman, Boswoll, Cauthen, Brabham, Charles, Brown, A. 11. Chesnut, 328 JOURNAL OF THE CONVENTION, Messrs. Clarke, Crawford, Curtis, Davant, Davis, DeSaussurc, Dc'Trcville, I)uucan, Duiikin, I)uiiovant, A. Q, Dunovant, R. G. M DuPre, • Knglisli, Evans, Fair, Fit) ley, Flud, Forster, Furnian, Gadbcrry, Garlitigton, Geiger, Gist, Gluvcr, Goodwin, Gourdin, R. N. Gourdiii, T. L. Green, Grc Hon. Messrs. Appleby, Atkinson, Ayer, Barnwell, Barron, ■ Barton, Bcthca, Brabham, Brown, A. H. Cain, Caldwell, Carlisle, Carroll, Cauthen, Charles, Chesnut, Clarke, Crawford, Curtis, Darby, Davant, DeSaussure, Dc'rrcville, Duncan, Dunkin, DnPre, English, Fair, Finley, Flud, Fumian, Garlington, G'.iger, D. F. Jamison, President; and Messrs. Gist, Glover, Goodwin, Gourdin, R. N. Gourdin, T. L. Green, • Crregg, William Grisham, Hammond, Hanckel, Harrison, Hayne, Henderson, Hunter, Hutson, Inglis, Ingram, Jackson, JeflTeries, ^ Johnson, Lawton, Lewis, Jjogan, McCrady, McKec, McLcod, Magratli, Manigault, Manning, Mauldin, Maxwell, Mayes, Mazyck, 336 JOURNAL OF THE CONVENTION, Messrs. Means, 3Iiddleton, J. I. ^liddleton, Williams Moore, Moorman, Palmer, Pope, Preston, Quattlobaum, Kainey, Reed, Rhodes, Richardson, F. D. Richardson, J. P. Rubinsou, Rowell, Scott, Scabrook, E. M. Scabrook, G. W. Sessions, Shingler, J. M. Messrs. Shingler, W. P. Sims, ^nowden, Spratt, Springs, Stokes, Sullivan, Thompson, R. A. Timmons, Tumpkin^5, Townsend, Wannumaker, Wardlaw, WJiitner, Wier, Williams, Wilson, I. D. Wilson, J. H. Woods, Yountr. Those who voted in the negative, are Messrs. Allison, Bobo, Bos well, Brown, C. P. Calhoun, Evans, Forster, Messrs. Harllee, Nowell, O'llear, Simpson, Smith, J. J. P. Wilson, W. B. The Ordinance was ordered to be engrossed, and to be signed by the President and the Clerk. An Ordinance to exempt overeeers from militia duty was read, was ordered to be engrossed, and to be signed by the President and the Clerk. On motion of Mr. A. H. Brown, the doora were opened. Mr. Pope offered the following resolution, which was considered im- mediately, and was agreed to : THURSDAY, JANUARY 2, 1862. 337 Resolved, That it be referred to the Committee oa the Constitutioa to inquire and report an Ordinance to provide for the representation of the Electoral District of St. Helena, now occupied by the enemy; and also to make such general provisions as may be necessary for such other Electoral Districts or portions of Districts as may fall into his possession before the next meeting of the Legislature. On motion of IMr. Harllee, leave of absence was granted to Mr. Logan, on account of military and official duties. On motion of Mr. Hutsou, leave of absence was granted to Mr. Scott, on account of military duty. On motion of Mr. Calhoun, business was suspended at four o'clock, P. M., until seven o'clock, P. M. RECESS. The President resumed the chair. On motion of Mr. Ayer, leave of absence was granted to Mr. Law. ton, on account of military duty. On motion of Mr. Jefferics, leave of absence was granted to Mt. Gadberry, on account of military duty. On motion of Mr. E. M. Scabrook, leave of absence was granted to Mr. Davant, on account of sickuess in his family. On motion of Mr. J. I. Middlcton, leave of absence was granted to Mr. Williams ^Middleton, on account of military duty. On motion of Mr. Spratt, leave of abscBce was granted to Mr. Hanckel, on account of military engagements. On motion of Mr. Bobo, leave of absence was granted to Mr. Lan- drum, on account of military duty. On motion of Mr. Bobo, leave of absence was granted to Mr. Kil- gore, on account of military duty. On motion of Mr. Wardlaw, the Convention went into SECRET SESSION. SPECIAL ORDER. On motion of Mr. Wardlaw, the Convention proceeded to the con- sideration of an Ordinance for strengthening the Executive Depart- ment during the exigencies of the present war; which had been made the special order of the day for this day. Mr. Reed moved to strike out the first section of the Ordinance, and, 43 338 JOURNAL OF THE CONVENTION. pending the consideration thereof, on motion of Mr. Hayne, the de- bate was adjourned till to-morrow, at eleven o'clock, A. 31. On motion of 3Ir. Wardlaw, the doors were opened. On motion of Mr. HarlleCj it was Ordered, That when the Convention adjourns, it shall be adjourned to meet to-morrow at eleven o'clock, A. M. On motion of Jlr. Fair, the Convention was adjourned at fifty minutes past nine o'clock, P. 31. B. F. ARTHUR, Clerk of the Convention. FRIDAY, JANUARY 3, 1802. At the hour to which the Convention was adjourned, the President took the clnir, and the proceedings were opened with prayer by Rev.- D. P. Robinson. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Appleby, Atkinson, Ayer, Barron, Ijarton, Bethea, Bobo, i5oswell, Brabham, Brown, A. Brown, C. Cain, . Caldwell, Calhoun, Campbell, Carlisle, H. P. Messrs. Carroll, Caughman, Cauthen, Charles, Clarke, Crawford, DeSuussure, Dunovant, A. Q. DuPre, English, Evans, Fair, Fin ley, Flud, Forstcr, Furman, Garlington, FRIDAY, JANUARY 3, 1862. 339 Messrs. Geiger, Glofer,. * Gotfdwin, Gourdin, II. N. Gourdin, T. L. Green, Gregg, William Grisbam, Hamm.ond, Harrison, Hajne, Henderson, Hopkins, Hunter, Inglis, Ingram, Jackson, Jeflferies, Johnson, Lewis, McKee, McLeod, Manigault, ManninfT, Mauldin, Maxwell, Majes, I^Iazyck, Means, Middleton, John Izard Sloore, ^ Moorman, Nowell, O'Hear, Palmer, Parker. Messrs. Perrin, Porcher, Preston, Quattlebaum, Rainey, Reed, Rhodes, Richardson, J. P. Robinson, Rowell, Seabrook, E. M. Seabrook, G. W. « Sessions, Shingler, J. M. Shingler, W. P. Simons, Simpson, Sims, Smith, J. J. P. Smyly, Snowden, Spratt, Springs, Stokes, Sullivan, Timmons, Tompkins, Townsend, ' Wardlaw, Wier, Wilson, I. D. Wilson, J. H. Wilson, W. R. Woods, Younsr. The journal of yesterday's proceedings was rend. On motion of Mr. Reed, leave of absence wag granted to Mr. R. A. Thompson, on account of military duty. 340 JOURNAL OF THE CONVENTION, On motion of Mr. Quattlebauui, Messrs Cauthen and Crawford were added to the Committee on Printing. • Ou motion of Mr. Fair, the Convention went into SECRET SESSION. Mr. Fair, from the Committee on Engrossed Ordinances, made the following report : • The Committee on Engrof5=cd Ordinances beg leave respectfully to report, that the following Ordinances referred to them haVc been duly engrossed, and have been ratified by the signature of the President, and the attestation of the Clerk, to wit : An Ordinance to provide for* the removal of negroes and other prop- erty from portions of the State which may be invaded by the enemy; An Ordinance to exempt overseers from the performance of militia duty. Mr, Harllee presented the report of the Committee on the Military, on a resolution authorizing officers to use force to compel persons to arm iu defence of the State ; which was considered immediately, nnd was agreed to, and the injunction of secrecy removed. Mr. Harllee, from the Committee on the Military, made reports On a resolution in relation to the Surgeon General's Pepartment; On a resolution in relation to organizing and equipping artillery companies ; and On a resolution of inquiry in relation to the public arms ; which were severally ordered for consideration to-morrow. Mr. Gist orfered the following resolution, which was considered im- mediately, and was agreed to : Resolved, That the Delegates from the pcvoril Districts in which commissions are to be raised, report to this Convention in secret session, to-morrow, the names of suitable persons for such commissions. SPECIAL OllDER. On motbn of Jlr. Ilayne, the Convention resumed the corisideration of an Ordinance for strengthening the Executive Department during the exigencies of the present war. The Convention resumed the consideration of Mr. Reed's motion, to FRIDAY, JANUARY 3^ 1862. 341 'strike out the first section of the Ordinance ; and the question heing put, will the Convention agree thereto ? it passed in the negative. Yeas, 30 ; najs, 92. The yeas and nays were demanded, and are as follows: Those who voted in the aflSrmative, are Messrs. Appleby, Ayer, Bethea, Uoswcll, Calhoun, Cau^lnLan, Cauthen, Charles, Crawford, Evans, Geiger, Grishani, Harllce, Hopkins, Middleton, John Izard Messrs. Moore, Quattlebaum, Keed, Rowell, • Seabrook, E. M. Sessions, . Shingler, W. P. Sims, Smyly, Spratt, Stokes, Sullivan, Timmous, Wilson, I. D. Woods. Those who voted in the negative, are Hon. D. Messrs. Allison, Atkinson, Barnwell, Barron, Barton, Bobo, Brabham, Brown, A. H. Brown, C. P. Cain, Caldwell, Campbell, Carlisle, Carroll, ChesDUt, Clarke, F. Jamison, President; and ]\Iessrs. Curtis, Darby, DeSaussure, DeTreville, Duncan, Dunkin, Dunovant, A. Q. DuPre, English, Fair, Fin ley, Flud, Forstcr, Furman, GarlingtoD, Gist, 342 JOURNAL OF THE CONVENTION, Messrs. Glover, Messrs. Moorman, Goodwin, Gourdin, R. Gourdin, T. L. Nowell, O'llear, Palmer, Green, Gregg, "William Hammond, Harrison, Parker, Perrin, Porcher, Preston, Hajne, Henderson, Rainey, Rhodes, Hunter, Hutson, Inglis, Richardsoif, F. D Richardson, J. P. Robinson, Ingram, Seabrook, G. W. Jackson, Jefferies, , ' Johqgon, Korshaw, Shingler, J. M. ^ Simons, Simpson, Smith, J. J. P. Lewis, McCrady, McKee, McLeod, • , Snowden, Springs, Tompkins, Townsend, IMagratli, Manigault, Wannamaker, Wardlaw, Manning, Mauldin, Whitner, Wier, Maxwell, Wilson, J. H. Mayes, Mazyck, Means, Wilson, W. B. Young. So the motion was not agreed to. Mr. Magrath offered the following amendment : AN ORDINANCE To strengthen the Executive Department, during the exigencies of the present war. We, the People of the State of South Carolina, in Convention as- FRIDAY, JANUARY 3, 1862, 343 semhied, do declare and ordain, and it is lierehy declared and or- dained as folloics : 1. That until the present war shall have terminated, and the forces raised in this State for the prosecution thereof shall be disbanded ; or until it shall be otherwise" ordained by the People in Convention, the Governor of the State shall be assisted in the discharge of the duties and the exercise of the powers now imposed upon or enjoyed by him, under the Constitution and laws of this State, by the Lieutenant Gov- ernor of this State, and three citizens of this State, who shall be called the Executive Council, and shall be elected by this Convention. And that the exercise of the extraordinary powers hereinafter given, shall be committed to the Governor, Lieutenant Governor and the said Council jointly. And of these a majority must concur in the opinion of an existing necessity for the exercise of any such power before such exercise of it shall be authorized by this Ordinance. 2. That to one of the said Council shall be committed the manage- ment, direction and control of everything in this State which relates to the finances of this State. To another of the said Council shall' be committed the management, direction and control of all that relates to the militia, and the fcrces of this State in the service of the Confederate States; their organization, discipline and equipment. And to the third member of the Council shall be committed the inanagemeut, direction and control of all matters that relate to the internal police of the State, questions of patrol, the government of negroes, as connected with the maintenance of internal peace and the welfare of the State. 3. That each member of the Council thus constituted the head of these several Departments, shall organize it for the efficient transaction of its busipess; and shall keep the Governor constantly advised of the condition of the business of such Department. All orders made by the head of each Department shall be signed by him, after it has been approved by the Governor. 4. Each member of the Council, as the head of a Department, shall keep an accurate account of all business done in his Department in suitable books of permanent form. And at any meeting of this Con- vention or of the General Assembly, a report of its transactions shall be made through the Governor. 5. Each member of the Council shall receive an annual salary of $ , payable quarterly ; and shall be allowed to employ a clerk, at an annual salary not exceeding S , payable quar- terly. And such salaries, and the necessary expenses for providing books 344 JOURNAL OF THE CONVENTION, and furniture for each Department, shall be paid by the Treasury of the State, upon the draft or order of the member of the Council in charge of the finances of the State, countersigned by the Governor. 0. The Council shall keep an accurate roci.rd of all its consu](ations and proceedings. And any member thereof shall have the privilege of filing, and thereby preserving as a part of its record, his dissent from its proposed action in any case. 7. -It shall be the duty of the Lieutenant Governor to take the place of the Governor whenever he may be unable to attend the consulta- tions of the Council, and under the same circumstances to discharge all the duties, and exercise all the powers, which belong to the Governor. And he shall be entitled, during the continuance of the Council, to the same compensation as is allowed to a member of the Council. 8. Vacancies in the Council shall be filled by the Governor, with the concurrence of the Council. And the citizen of this State, so ap- pointed, shall discharge the duties and exercise the powers of a mem- ber of the Council until bis nomination shall have been reported to, and confirmed or rejected by, tljis Convention or the Senate of the State. And such appointment shall.be reported to either of these bodies which may bo in session at the time of, or, first after such ap- pointment. 9. During the invasion of this State, and if neither the General As- sembly of this State or this Convontii^n shall be in session, and the emergencies of the case shall rofjuiro it, the Governor and the Execu- tive Council shall be, and are hereby, authorized to exercise any power, which rightfully belongs to, and could be exercised by, this Convention. But the exercise of su.-h power shall not be continued longer than the emergency which calls for its interposition. On motion of 31 r. WarJlaw, the amendment was ordered to be printed. On motion of iMr. Ilarllce, it was Ordered, That when the Convention adjourns, it shall be adjourned to meet to-morrow, at eleven o'clock, A. M. On motion of Mr. Ilarllce, the Convention was adjourned at twenty- five minutes past three o'clock, D. M. • ]J. F. ARTHUR, Chrk of the Convention. SATURDAY, JANUARY 4, 1862. 345 SATURDAY, JANUARY 4, 1862. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. B. F. Mauldiii. The Clerk called the roll, and the following delegates answered to their names : Messrs. Allison, Atkinson, Barnwell, Barron, Barton, Bellinunovant, A. Q. DulVc, Fair, Fin ley, Fiud, Forster, Fur man, Garlington, Gist, Glover, Goodwin, Gourd! n, R. N. Gourdiu, T. L. Green, Harrison, Jamison, President, and Messrs. Ilayue, Henderson, Hutson, Tnplis, Jackson, Jefferiea, , Keitfc, ^IcCradj, 3IcLeod, Mag rath, Manigault, Planning, Mauldin, Mayes, Mazjck, Moorman, Nowell, O'Rcar, Palmer, Parker, Perrin, Porchcr, Preston, Heed, Khett, Rhodes, Richardson, F. D. Richardson, J. P. » Rcjbinson, tjcabrodk, E. M, Seabrook, G. W. Shin trier, J. M. Simons, Simpson, Siiiis, Smith, J. J. K Snowdtn, MONDAY, JANUARY 6, 1862. 355 Messrs. Sprin2:s, Messrs. Wier, Tompkins, Wilson, I. T>. T WMsend, Wilson, J. H. Wardlaw, Young. So the motion ■was uoL agreed to. On motion of Mr. ]3arnwell, the Ordinance, together with the amendments tliereto, was recomuiittod to the Cominittce. <■ Mr. Barnwell oifcred the following resolution, which was consiaered immediately, and was agreed to : • Resolved, That four members be added to the Special Committee No. 5. Whereupon, the President announced that the following gentlemen are added to Special Committee No. 5 : Mea.srs. A. G. Magratli, 11. B. llhett, I. W. Ilayne antl L. W. Spratt. On motion of jMr. Birnwell, tho injunction of secrecy was removed from an Ordinance to cxeuipt overseers Irom the perturmancc of militia duty. Mr. Barnwell ofl'ered the following resolution, which was considered immediately, and was agreed to : Resolved, That the injunction of secrecy be removed in relation to the OrdioaDce providing for the removal of slaves, and the resolution amendatory thereof, in so far as to permit the communication of a cer- tified copy of the Ordinance to each of the Coiuinissioners, with leave to make known so much of the Ordinance as may be necessary to the several pariies interested therein, t«> the commanding General of the Confederate forces, and to the commanding officer of each District; and that the President be instructed to notify the Commissioners of their election. Ihe President laid before the Convention the following commuiiica^ tion, which, on motion, was referred to the Committee on the Military: Columbia, S. C, January G, 1862. Ge.neral Jamison, Prriident Sinie Convention : Dear Sir : We are employed in the manufacture of cotton and 356 JOURNAL OF THE CONVENTION, woollen goods, and clothing for the State, on quite a large scale, and find our operations likely to be stopped by the call on our employees for the service of the State. Believing that our stoppage would be a source of serious inconvenience and injury, not only to the troops need- ing uniforms, but also to the people of the State at large, we are in- duced to apply to the Convention thrany does not contain the number of men required by the Itiws of the Coufedurate States, and are in actuul^scrvice. The General Orders were suspended, and Mr. Quattlebaum offered the following resolutions, which were cousidercd immediately, and were agreed to : licsolccd, That any one elected by this Convention a member of the Executive Council, and accepting such office, before entering upon the duties thereof, shall have administered to him by the I'residont, in Convention as-seuiblcd, the oath prescribed by the CoiiPfitution of this State. liciiulvcd, That a.C'Huinittoe of three be ap[ioint'(l lo wait uj) ui the three gentlemen elected members of the E.vooulivo Council, inform them of their election, and ascertain and report win iher anij when it may be their pleasure to qualify. Whereupon the I'residcnt appointed Messrs. (^latllebaum, R. N. Gourdin, and J. J. 1*. Smith, of the Committee. Mr. Quattlebaum, from the Committee appointed to wait upon the members of the Executive Council, reported that the Committee had WEDNESDAY, JANUARY 8, 1862. 383 discharged the duty assigned to them, and •that the members of the Council were present and ready to be qualified. Whereupon the doors were opened, and Messrs. James Chesnut, Jr., I. W. Haync and William H. Gist, members of the P]xecutive Coun- cil elect, attended, and the colistitutional oath of ofl&ce was admin- istered to them by the President. The Convention went into • SECRET SESSION. SPECIAL ORDER. The Convention resumed the considerat^ion of the report of Special Committee No. 2. The report of the Committee down to the words "in view of" was agreed to. Mr. Harllce moved that the remainder of the report, and the resolu- tion and Ordinance reported by the Committee, be ordered to lie on the table; and the question being put, will the Coayention agree thereto ? it passed in the affirmative. Yeas, 59 ; nays, 50. The yeas and nays were demanded, and are aa follows : Those who voted in the affirmative, are Messrs. Allison, Appleby, Atkinson, Ayer, Barron, Barton, BctTiea, Bobo, Boswell, Carlisle, Caughman, Crawford, Darby, Dunkin, Dunovant, A. Q. English, Evans, Flud, Messrs. Garlington, Geiger, Glover, Goodwin, Gregg, William Grigham, Hammond, Harllee, Harrison, Hopkins, • Johnson, Lewis, , Manning, Mauldin, Middlcton, John Ixard Moonnao, O'Hcar, Parker, 884 JOURNAL OF THE CONVENTION, Messrs. Preston, Rainey, Rce'^, Rhott, Rhodes, Ricliardson, J. V Robinson, Rowell, Seabrook, E. M. Sessions, Shingler, J. M. Sims, Messrs. Smyly, Ppain, iSpratt, SprinprS) Stokes, Sullivan, Tiiiinions, Tompkins, Wannaiuaker, Woods, Younsr. Those who voted in tlie negative, are Hon. D. Messrs. Rarnwcll, Bellinger, Brown, A. H. ]Jrown, C. P. ]5u(:lianan, Cain, Caldwell, Carroll, Charles, Clarke. Curtis, DeSaussure, DcTreville, Duncan, DuPre, Fin ley, Furiuan, Gist, (iourdin, K. N. Gourdin, T. L. « Green, • Hayne, Henderson, Hunter, lugliij, F. Jamison, President; and Messrs. Ingram, Jackson, McCrady, McKce, McLeod, i^Iagrath, Manigault, JIaxwell, Mazyck, Moore, Pcrrin, Pope, Porcher, . Quattlobaum, • Richardson, F. D. Seabrook, G. W. Simpson, Smith, J. J. P. Snowden, Townsend, Wurdlaw, Wier, Wilson, I. D. Wilson, J. H. , WEDNESDAY, JANUARY 8, 1862. 386 So the motion was agreed to. Mr. Dunkiii moved that the vote by which the report of the Com- mittee was agreed to, be reconsidered ; and pending the consideration, the following communication was received from his Excellency the Governor, and was read by his Special Private Secretary, F. J. Moses, Jr. : State of South Carolina, Head Quarters, January 8, 1862. To the Honorable the President and Membrrs of the Convention: From your official notice just received, and the Ordinance enclosed me, I perceive that the Executive power has been, to a great extent, remodeled. I shall endeavor faithfully to do my humble part in attempting to execute this Ordinance, as far as I can ; but it is due to the Legislature, who have entrusted to my care the Executive power, as established under the Constitution, to say that I seriously think the Ordinance that you have now passed will, in its practical operation, greatly weaken the Executive as created by the Constitution. I understand, from the Ordinance, that no appointment, even of the humblest kind, is to be made, except by a deliberate vote of the new Council ta be created. The eighth section requires that the record of all the proceedings of the Governor and Council shall be laid before the Convention. I do not know if I am to -understand that all the proceedings of the Governor are to be laid before the Convention. I do not know if all orders to be issued, relating to the military, are first to be submitted to a vote of the Council. If so, there will be great imbecility in acting as Commander-in-Chief. As it is an Ordinance passed dcltberately by the highest and most unlimited power, I shall feel it my duty cheerfully to try and execute it to the- letter. We are an educated and informed people, and the real strength of an Execu- tive consists in doing what is right and just, faithfully for the public interest. Any unusual or arbitrary power will create suspicion and jealousy, unless it be obviously necessary under circumstances where the u.<«ual authorities cannot act. We are under an almost absolute military Government, and, by the acts of your Cotfvention, the State has been transferred under the jurisdiction of the Confederate Govern- TDcnt, and Confederate Generals have practically all power over the resources and defences of the State. I beg leave most respectfully to make this comuiunication, as due to 49 886 JOURNAL OF THE CONVENTION,. my office, and to those who appointed me to the exercise of the powers confided to me under the Constitution of the State. The threatening aspect of public affairs, with a large force invading our State, demands the utmost possible forbearance, and precludes me from the course that would be more agreeable to myself, and more just to the power from which 1 received my appointment. This course would be more imperative, from the consideration that the same Ordinance provides for the perpetuation of this power, by enabling any twenty men, from any motive whatever, to callthe Convention together'. I do not desire to be the means of creating the least division in the public mind* under existing circumstances. I therefore make this communication to your body in secret session. I have never, for one moment, had any motive in any public act while in office, except to sustain the honor, rights and independence of my State. When all the circumstances are known, as tliey will be in history, neither time nor scrutiny can change the verdict of posterity. F. W. PICKENS. On motion, the communication was ordered to lie on the table, and to be entered on the .secret journal. The Convention resumed the consideration of the motion to recon- sider the vote by which the report of Special Committee ^o. 2 was agreed to. The motion to reconsider was agreed to. Mr. Inglis offered the following amendment : Resolved, That the provisions of the Ordinance to provide for the removal of negroes and other property from portions of the State which ' may be invaded by the eucmy, be extended to the removifl of those persons in the City of Charleston who by reason of age, sex or infirmity are incapable of taking part in its defence, 'if such removal becomes necessary in the judgment of the commission herein provided for. Eewlucd, That a commission of five citizens of Charleston be chosen by this Convention, whose duty it shall be to execute within the City ^ of Charleston the provisions of the Ordinance aforesaid, and of this resolution. And, pending the consideration thereof, the doors were opened. On motion of ^fr. Inglis, business was suspended at forty-five minutes past three o'clock, 1*. M., until seven o'clock, P. M. WEDNESDAY, JANUARY 8, 1862. 387 RECESS. The President resumed the chair. Mr. Quattlebaum offered the following resolutions, which were con- sidered immediately, and were agreed to : Resolved, That the accounts of the printer for* this Convention be audited by the Comptroller General, allowing him the rates designated in the resolution conferring upon him his appointment; and that the said accounts, when so audited, be paid by the Treasurer of the Upper Division. Rtsolved, That a certified statement of the Clerk of the Convention, setting forth the amount of work done for the use of the Convention in secret session, shall be a sufficient voucher for the same. Mr. English offered the following resolutions, which were considered immediately, and were agreed to : 'Wliercaa, We are engaged in a struggle for blood-bought rights, and an institution sanctioned by God in His rcveaJed will : And, whereas, the Sovereign Ruler of the Universe has said, "Them that honor me I will honor, and they that despise me shall be lightly esteemed : " And, whereas, as a people, we have sinned against Him, and should therefore confess our sins that they may be forgiven : And, whereas, His mercies, also, shoiild be gratefully acknowledged, and a continu- ance of His blessings humbly implored : And, whereas, it is our espe- cial duty, at this time, to implore that He will, in His mercy, confer on these Confederate States the blessings of a safe and honorable peace ; therefore, Resolved, By this Convention, representing the sovereignty of this Commonwealth, that at the close of its session we will devoutly engage in these solemn duties, so acceptable ta God and so honorable to us. Resolved, That the President of this Convention shall accordingly call upon Rev. J. C. Furman to lead in prayer, in conformity with the tenor of this paper. Mr. Mazyck offered the following resolution, which was ordered for coDsidcratioo to-morrow : • Resolved, Jhat until the end of the next regular sessioa of the General As-sembly, no tax collector, or other public officer or agent, charged with the duty of receiving money for the State, shall be 388 JOURNAL OF THE CONVENTION, authorized to receive, in payment of taxes or other dues to the Stat€, the notes or bills of any bank or other incorporated company, not legally payable.on demand, or not current, at par, with the notes of the Bank 'of the State of South Carolina ; anything in any Act of the General Assembly to the contraty notwithstanding. • Mr. McCrady oflfered the following resolution : Resolved, That the Convention dispose of its business and adjourn to-night. And, pending the consideration thereof, the Convention went into SECRET SESSION. The resolution offered by Mr. McCrady .was agreed to. The Convention resumed the consideration of the Special Order, being the report of Special Committee No. 2. Mr. Inglis offered the following amendment : « ' Resolved, That in case any expense is incurred by the Commissioners in the removal of white persons, such persons shall be liable to repay Buch expense to the Commissioners — which repayment may be enforced by action of debt in any Court of common law. Mr. Harllee moved to lay the amendments on the table; and the question being put, will the Convention agree thereto? it passed in the negative. ' Yeas, 56 ; 'nays, 57. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are ' • Messrs. Allison, Messrs. Dunovant, A. Q. Appleby, Evans, Barron, Fair, Barton, Flud, Bethea, Garlington, Bobo, Goodwin, Boswell, Gregg, William Calhoun, Grisham, Chesuut, Hammond, Crawford, Harllee, Darby, Hopkins, WEDNESDAY, JANUARY 8, 1862. 389 Messrs. Hunter, Ingram, Jackson, JeflFeries, Johnson, Lewis, Manning, • Jlauldin, Maxwell, Middleton, John Izard Moorman, Preston, Rainey, Reed, Rhett, Rhodes, Richardson, J. P. Messrs. Robinson, Rowell, Seabrook, E. M. Sessions, Shingler, J. M. Simpson, Sims, Smylj, Spain, Springs, • Stokes, Sullivan, Tompkins, Wannamaker, Wier, Woods, Those who voted in the negative, are Hon Messrs. Atkinson, Ayer, Barnwell, Bellinger, Brown, A Brown, C. P Buchanan, Cain, Caldwell, Carlisle, Carroll, Caughman, Charles, Clarke, Curtis, DeSaussure, DcTreville, Duncan, Dunkin, DuPre, D. F. Jamison, President; and Messrs. English, Finley, Furman, Geiger, H. ^ Gist, Gourdin, R.N. Gourdin, T. L. Harrison, Hayne, Henderson, Inglis, McCrady, McKee, McLeod, Magrath, Manigault, Mazyck, Moore, Nowell, O'Hear, 390 JOURNAL OF THE CONVENTION, Messrs. Parker, Perrin, Pope, Porcher, Quattlebaum, Kichardson, F. D. Seabrook, G. W. SituoQS, Messrs. Smith, J. J. P. Soowden, iSpratt, Timmons, TowDsend, Wardlaw, Wilson, I. D. Wilson, J. II. So the motion was not agreed to. The question being put, wrill the Convention agree to the report and the amendments? it passed in the affirmative. Yeas, 60 ; najs, 54. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, are Hon. D. Messrs. Atkinson, Ayer, Barnwell, Bellinger, Brown, A. H. Brown, C P. Cain, Caldwell, Carlisle, Carroll, Caughman, Charles, Clarke, (Tunis, DcSaussure, DcTrevillc, Duncan, Duukin, DuPre, English, Finley, Furman, Geigcr, Gist, F. Jamison, President; and Messrs. Gourdin, R. N. Gourdin, T. L. Harrison, Hayne, Henderson, Inglis, Keitt, McCrady, McKee, JilcLeod, Magrath, Manigault, M azyck, Middlcton, J. Izard Moore, Nowell, O'Hcar, Parker, Perrin,' Pope, Porcher, Quattlebaum, Richardson, F. D Seabrook, G. W. WEDNESDAY, JANUARY 8, 1862. 391 Messrs. Shingler, J. M. Messrs. Timmons, Simons, Tcwnsend, Situs, TJ'^ardlaw, Smith, J. J. P. Wilson, I. D. Snowden, Wilson, J. H. Spratt, • Those who voted in the negative, are Messrs. Allison, Messrs. Johnson, Appleby, Lewis, Barron, , Manning, Barton, Mauldin, Bethca, Maxwell, Bobo, Moorman, Boswell, Preston, ft Buchanan, Rainey, ^m Calhoun, Reed, V Chesnut, Rhett, Crawford, Rhodes, Darby, Richardson, J. I^ Dunovant, A. 0- Robinson, Evans, Rowell, Fair, * • Seabrook, E. M. riud. Sessions, Garlington, Simpson, Goodwin, Smyly, Gregg, William Spain, Grisham, Springs, Hammond, Stokes, Harllec, Sullivan, HopJdns, Tompkins, Hunter, Wauuamaker, Ingram, Wier, • Jackson, Woods, Jeffories, Young. So the motion was agreed to. Mr. Simons, from the Committee on Engrossed Ordinances, made the following report, which was considered immediately, and was agreed to: 392 JOURNAL OF THE CONVENTION, The Committee on Enprrossed Ordinances, to whom it was referred to inquire and report. " wliat resolutions nnd orders of the Convention, passed in secret session, and how much, and what portions of the secret journal, may now be made public without impropriety," beg leave to report : That they have duly considered the same, and bave embodied their views in the following resolutions, which they eubmit for the judgment of this Convention : Hesofved, That the Printer of this Convention be authorized and directed, immediately on the adjournment of this body, to publish ia his newspaper at Columbia, and to forward to each member of this body, all the Ordinances, reports, resolutions and orders adopted by this Convention at its present session, and from which the injunction of secrecy has been removed. Resolved, That the residue of the proceedings be not published until the next session of this Convention, but in case it should not reassem- ble, tlicn, that his Excellency the Governor, and the Executive Coun- cil, be authorized and directed to cause the proceedings of this session of the Convention, public and secret, to be published in pamphet form, at such time as they may deem advisable. # • • Mr. Simofls, from the Committee on Engrossed Ordinances, made the following report, which was considered imliediately, and was agreed to : The Committee on Engrossed Ordinances ask leave to report : That the follnwiiig Ordinances have been ongrossedj and ratified by the signature of the President and the attc«tation of the Clerk, to wit : • An Ordinance to provide for holding elections for Districts occupied or threatened by the enemy. An Ordinance to enable citizens of the State, who are engaged in military service, to exercise the right of suffrage. An Ord40ance to suspend in part the operation of an Act of the Gen- eral Assembly, entitled " An Act for regulating and fixing the salaries of several ofticers, and for other purposes therein mentioned." An Ordinance further to provide for the Harbor and Coast Defences of the State. An Ordinance for strengthening the Executive Department during the exigencies of the present war. An Ordinance in relation to a portion of the militia. WEDNESDAY, JANUARY 8, 1862. 393 An Ordinance to suspend ^certain parts of the Constitution of the State of South Carolina. Your Comraittco would further report, That the Ordinance entitled " An Ordinance to provide for the re- moval of negroes and other property from portions of the State which may be invaded by the enemy," from which the injunction of secrecy has not been removed, has been placed under sealed cover, and to- gether with the various Ordinances adopted and ratified by tlfis Con ventiou, have been deposited in the Secretary of State's office, for safe keeping. Your Committee would also report, That the more important resolutions adopted t>y this body, have also been engrossed, so as to preserve them in a more permanent form. On 'motion of Mr. Quattlebaum, the vote by which the resolution directing the names of the Commissioners to be appended to the certi- fied copies sent to them respectively, was agreed to, was reconsidered and Mr. Quattlebaum offered the following amendment, which was con- sidered immediately, and was agreed to : Resolved, That lists of the Commissioners be printed, and that the Printer of the Convention be instructed to send, by mail, a list thereof to each member of the Convention. « On motion, the Charleston Delegation were permitted to retire to nominate suitable persons as Coinmi.ssioners for the City of Charleston. Mr. ^lagralh, from the Charleston Delegation, reported the following as suitable persons as Commissioners for the City of Charleston : Messrs. C. M. Furman, Charles Kerrison, R. N. Gourdin, (x. A. Trenholm, W. D. Tortcr. On motion of Mr. Barnwell, the persons nominated were declared duly elected. Mr. loglis offered the following resolutions, which were considered iumediatcly, and were agreed lu : Retolvrd, That the injunction of secrecy be removed from the report and resolutions of Special Committee No. 2, adopted by the Couvcn- 50 394 JOURNAL OF THE CONVENTION, tion, in so far as to permit the communication of a certified copy of the said report and resolutions to each of the Commissioners for Charleston, with leave to make known so much of tlic same as may be necessary to the several parties interested therein, and to the Conimanding General of the Confederate forces in this 'State and the Confederate officer com- manding at Charleston, and that the President be instructed to notify the Commissioners of their election. Resolved, That the Commissioners for Charleston be each furnished with a copy of the "Ordinance to provide for the removal of negroes and other property from portions of the State which may be invaded by the enemy," with the same right to communicate the same, as by a previous resolution of "this Convention is given to the Commissioners for the Districts of Georgetown, Ilcrry, Charleston, Colleton and Beaufort. On motion of Mr. Manning,' the doors were opened. On motion of Mr. Manning, the Convention resolved itself into a Committee of the Whole, Mr. R. DdTreville in the chair. Mr. Manning offered the following resolutions, which were agreed to : Resolved, unanimously. That this Convention is fully impressed with the courtesy, impartiality and ability, with which the Hon. D. F. Jami- son has conducted the business of the Chair. Resolved, nnanimously, That in testimony thereof, this body hereby tender to Mr. Jamison their cordial thanks. On motion the Committee rose, and the Chairman reported to the Convention the resolutions adopted by the Committee. The President said : , GiiNTLEMEN OF THE CONVENTION : I have already received at your hands a testimonial similar to this, and I feel that I owe such expres- sions of your approbation far, far more to your generous kindness than to any merit of my own. My connection with this body, and my association with its members during a period of great trial to our beloved State, have been produc- tive of some of the proudest and the most pleasing recollections of my whole life. For this and the many other acts of kindness and confidence so WEDNESDAY, JANUARY 8, 1862. 395 generously bestowed upon me, permit me, in parting, to tender you my most profound and grateful acknowledgments. *. . . Mr. Wardlaw offered the following resolution, which was considered immediately, and was, agreed to: Resolved, That when this Convention shall adjourn, it shall be adjourned to meet at Columbia, on the second Tuesday of January, 1863, unless it should be sooner reassembled under the last section of the " Ordinance for strengthening the Executive Department during the exigencies of the present war." -After prayer by the Hev. J. C. Furman, the Convenuon was ad- .journed at eleven o'clock, P. M. B. F. ARTHUR, Clerk of the Convention. PROCLAMATION. STATE OF SOUTH CAROLlJ^A : I, D. F. Jamison, President of the Convention of the People of South Carolina, by virtue of the authority vested in me by the said Con- vention, and in compliance with thfe provisions of an Ordinance passed by the said Convention, on the seventh day of January, in the year one thousand ei^ht hundred and sixty-two, which ordains that the President of the Convention, " if he shall be requested in writing so to do, by any twenty members of the Convention, shall, by notice under his hand, duly pubblished, assemble this Convention without delay, at a time and place to be by him fixed ; " and as such request in writing has been made to me by twenty members of the Convention, do*hcreby convoke the same j and summon the members of the said Convention to reassemble at Co- lumbia, in the State afuresaid, at twelve o'clock, M., on Tuesday, the ninth day of September next. Given under my hand, at Burwood, this twenty-third day of August, in the year of our Lord one thousand eight hundred and sixty-two. R F. JAMISON, Prej^ident of the Cnnvenfion. Attest : B. F. Arthur, Clerk. FOUETH SESSION. TUESDAY, SEPTEMBER 9, 1862. Pursuant to the rroclaniation of the President of the Convention, issued on the twenty-third day of August, one thousand eight hundred and sixty-two, the Convention of the People of South Carolina re- assembled in the Hall of the House of Representatives, in the City of Columbia, on this day, at twelve o'clock, M. The President took the chair, ;;nd addressed the Convention as fol- lows : Gentlemen of the Convention : The express provisions of an Ordinance " for strengthening the Executive Department during the exigencies of the present war," passed at the conclusion of your last ses- sion, have left me no discretion in reassembling the Convention of the People of South Carolina; and, as a request has been made to me, in compliance with the provisions of that Ordinance, by twenty members of the Convention, to wit : by Mr. R. G. M. Duuovant, in a letter dated April 12, 1862 ; by Messrs. W. Poreher Miles, R. DeTreville, C D. Evans, A. VV' . Bethea, W. S. Grisliam, T. Y. Simons, and George Bos- well, in letters dated the 7th, 8th, 10th, 18th, 21st and 25th of May, respectively J by Mr. F. D. Richardson, in a letter of the 4th of June; by Messrs. J. P. ^lichardson, Theo. D. Wagner, J. J. Ingram, John L. Manning, R. Wood?", and Wm. P. Shingler, ifl letters dated the 2d, 10th and 14th of July; and by Messrs. E. M. Seabrook, Wm Hunter, B. B. Foster, J. C Smyly, and James L. Orr, in letters dated the 1st, 3d, 8th, 16th and 21st of August, I have called you together to take such action* as in your judgment may be deemed best. The proceedings were opened with prayer by Rev. T. R. English, 400 JOURNAL OF THE CONVENTION, after which the Clerk called the swered to their names : Messrs. Allison, Atkinson, Barnwell, Earton, Bethea, Bobo, Bonneau, Brabham, Brown, C. P. Burnet, Caldwell, Calhoun, Carroll, Caughman, Cauthen, Charles, Chcsuut, Clarke, Darby, DeSaussure, Dozier, Duncan, Dunkin, Dunovaat, B. G. M. English, Evans, Fair, Frampton, Furmau, Garlington, Geiger, Gist, Gourdin, R. N. Gourdin, T. L. . Gregg, William Grisham, Hanckel, Harllee, roll, and the following Delegates an- Messrs. Harrison, Hay no, Henderson, Honour, Hopkins, Hutson, Inglis, Ingram, Jackson, Jeffcries, Johnson, Kinard, Kinsler, Lawton, Logan, JMcCradj, McKee, Manigault, Manning, Mauldin, Maxwell, Mayes, Mazyck, .MiddletoD, John Izard Middleton, Williams Moorman, O'Hear, Pope, Porcher, Quattlebaum, ilainey. Reed, Rhett, Rhodes, Ilichardson, J. P. Scabrook, G. W.* Shingler, J. M- Simons, TUESDAY, SEPTEMBER 9, 1862. 401 Messrs. Sims, Messrs. Tompkins, Smith, J. J. P. Townscnd, Smith, Thomas Wardlaw, Smyly, Williams, Spain, Wilson, I. t). Springs, ^ ' Wilson, J. H. Sullivan, Woods, Timmons, Young. ^ The following letter was read by the President : Anderson, September 8, 1862. Hon. D. F. Jamison, President of the Convention : Dear Sir : I feel constrained, in consequence of family afflictions, to ask leave of absence from the approaching session of the Convention. If the sitting of the- body is protracted beyond a few days, I may be able to attend, but at preseat I could not leave_ my family without a dereliction of duty to them that the occasion would not justify. Please make known nly request to the body on its assembling Tuesday. Very respectfully, yours, &c., J. N. WHITNER. On motion of ^Mr. Dunkiu, leave of absence was granted to Mr. Whitner. Mr. John Phillips, Delegate from St. Philip's and St. Michael's, elected to (ill the vacancy occasioned by the resignation of Mr. A. G. Magrath, appeared at the Clerk's desk, produced his credentials, signed the roll, and took his seat. Mr. William K. Taylor, Delegate from Kershaw, elected to fill the vacancy occasioned by the resignation of Mr. T. J. Withers, appeared at the Clerk's desk, produced his credentials, signed the roll, and took his seat. Mr. Reuben Stephens, Delegate from St. Bartholomew's, elected to fill the vacancy occasioned by the death of Mr. M. E. Cam, appeared at the Clerk's desk, produced his credentials, signed the roll, and took his peat. Messrs. Wm. J. Alston and Wm. R. Robcrt.«on, Delegates from Fairfield, elected to fill the vacancies occasioned by the death of Mr. William S. Lyles and of Mr.'John Buchanan, appeared at the Clerk's desk, produced their credentials, signed the roll, and took their seats. 51 402 JOURNAL OF THE €ONVENTION, Mr. Quattlebaura offered the following resolution, which was consid- ered immediately, and was agreed to : Resolved, That a Committee of three be appointed to wait upon bis Excellency the Governor, and inform him that the Convention of the People of South Carolina have assembled, and, a quorum being present, are ready to receive " the record uf all the proceedings of the Cover- . nor and Council had prior thereto," as provided in the Ordinance creating that body. * Whereupon, the Presiilent appointed the following gentlemen, of the Committee: Messrs. Quattlebaum, Hopkins and' R. N. Gourdin. Mr. Quattlebaum, from the Committee appointed to wait upon his Excellency the Governor, reported that they had discharged that duty, and that his Excellency would communicate with the Convention forth- with. • A communicatioa was received from his Exce^ency the Governor, and was read by his Private Secretary, Col. F. J. Moses, Jr. Wr. Ilarllee offered the following resolution : Resolved, That the communication of his Excellency the Governor, with such documents as are not already printed, be laid on the table and be printed for the use of the Convention, and that the military correspondence be printed for the private use of the members of the Convention. Mr. Barnwell offered the following amendment, which was agreed to : Resolved, That the communication of his Excellency the Governor, and the accompanying documents, be referred to a Special Committee of twenty-one members, who shall have power to appoint sub-com- mittees. Whereupon the President appointed the following gentlemen, of the Committee : Messrs. R. W. Barnwell, Messrs. Henry C. Young, D. L. Wardluw, S. Bobo, Perry E. Duncan, John Phillips, John A. Calhoun, Simeon Fair, B. F. Dunkin, Alexander Mazyck, J. P. Carroll, Edward McCrady, TUESDAY, SEPIEMBER 0, 1832. 403 Messrs. John A. Inglis, Messrs. J. J. P. Smith, R. E. Rhett, • T. Y. Simons, J. P. Richardson, W. D. Johnson, TV. F. DeSaussu're, G-. Manigault. John L. Manning, . Mr. Harllce* offered the following resolution, which was oi'dercd for consideration to-morrow : Resolved, That the injunction of secrecy be removed from the pro- ceedings of this Convention iit its different sessions heretofore held ; and that the proceedings in such secret sessions be printed with those already made public. On motion of ]Mr. John Izard MiddFcton, it was ordered that when the Convention adjourns, it shall be fldjourned to meet to-morrow, at twelve o'clock, M. Mr. Robertson offered the following resolutions, which were consid- ered immediately, and were unanimously agreed to : # Resolved, That this Convention has heard with emotions of profound sorrow and regret the announcement of the deaths of General John Buchanan, iMajor William S. Lyles and Col. John H. Means, who, at the time of their re!'Y»cndcd, and Mr. Ilarllee ofi'ered the following rosolutioD, which was agreed to: Resolved, That the vote and proceedings of this Convention upon the adoption of the Ordinance for strengthening^the Executive Depart- ment, during the exigencies of the present war, be made public. The General Orders were resumed. Mr. Reed moved to strike out, from the report, the following para- graph : Your Committee have, by their examination of these, papers, been deeply impressed with the conviction that the ordinary powcis of the Executive would have been entirely "inadequate to effect the objects to which the labors of the Council have been directed, and that the estab- lishment of such a body, with the extraordinary powers conferred upon it, was required by the condition of the country and the exigencies of the times. The motion was not agreed to. ISlr. E. M. Seabrook moved to strike out from the report of the Committee the fullowing words : Into this question it is needless now to enter, for it seems plain to the Committee that every act of tliis Convention, and of those who have acted under its authority, which is mentioned in the report from this department, is embraced within the scope of the Act of the Legis- lature which provided for the election of delegates to this Convention. MONDAY, SEPTEMBER 15, 1862. 427 On motion of Mr. Inglis, the General X)rdcrs were suspended, and Mr. Barnwell offered the following resolution, which was agreed to : Resolved, That the journal of the Governor and Council, in the hands of the Secretary, be open to the inspection of the members of the Convention of this State and the citizens generally; but that this resolution shall not be so construed as to require the Secretary to part with the possession of the said journal or other records of the Governor and Council. ^ On motion of Mr. Pope, the Convention went into SECRET SESSION. The "correspondence" accompanying the communication of his Ex- cellency the Governor was read. Ou motion of Mr. Inglis, the doors were opened. On motion of Mr. Reed, the Convention was adjourned at ten min- utes past four o'clock, P. M. B. F. ARTHUR, Clerk of the' Convention. MONDAY, SEPTEMBER 15, f862. At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. J. J. Wannamakcr. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, Messrs. Burnet, Alston, Caldwell, Barttwell, Calhoun, . Bcaty, Caughman, Bethca, Cauthen, > Bobo, Charles, Bonneau, Chcsnut, Boswell, Clarke, Brawn, A. H. (Curtis, 428 JOURNAL OF THE CONVENTION, Messrs. Davant, DeSaussure, Dozier, Duncan, Dunkin, Dunovant, R. G. M. DuPre, Evans, Eair, Fin ley, Flud, Foster, Frainpton, Furiuan, Garlington, G eiger. Gist, Goodwin, ■ Gourdin, R. N. Gourdin, T. L. Green, Grisham, Haneke], Harllee, ^ Harrison, Hayne, Honour, Hunter, Hutson, loglis, Jackson, Jefferics, Jenkins, John Jenkins, J. E. Johnson, Landrum, Lawton, Logan, McCradj, MeKee, McLeod, Messrs. I^lanigault, Mauldin, Maxwell, Middleton, J. Izard Middleton, Williams Moore, Moorman, Noble, Nowell, O'Hear, Palmer, Phillips, Porchcr, Preston, Quattlebaum, Reed, Rhodes, Roberfson, Scott, Seabrook, E. M. Sessions, Shingler, "VV. P, Simons, Simpson, Sims, Smith, J. J. P. Smith, Thomas Smylj,' Spain, Springs, Stephens, Sullivan, Taylor, Wannamaker,.' Wardlaw, Wier, Wilson, L D. Wilson, J. H. Woods, Younsr. MONDAY, SEPTEMBEK 15, 1862. 429 The journal of Saturday's proceedings was read. On motion of Mr. Harllee, leave of absence was granted to Mr. Rainey, on account of important public engogements. Mr. DeSauRPurc presented the account of Mr. C P. Pelham for ad- vertising, which was referred to the Committee on Accounts. Mr. Allison presented the report of the Committee on Accounts, on the account of the Editor of the Yorkville Enquirer, which was ordered for consideration to-morrow. Also the report of the same Committee on the report of the Central Secretary to the Beaufort Commission for the removal of slaves, which was ordered for consideration in secret session. Mr. Mazyck offered the following resolution, which was ordered for consideration to-morrow, and to be printed : Resnhed, That the twenty-ninth section of the first Article of the Constitution of this State does not import that a person holding an office, and receiving pay as such officer, in any corps of men taken from the militia of the State into the military service of the Confederate k?tatcs by drafting, volunteering or conscription, is thereby rendered ineligible to a seat in the Legislature, or incapable of retaining such seat. Mr. Mazyck offered the following resolution, which was ordered for consijleration to-morrow, and to be printed : Resolved, That laws purporting to arrest or suspend the enforcement of contracts by legal process, are laws impairing the obligation of con- tracts within the meaning of the second section of the ninth Article of the Constitution of this State, and the first clause of the tenth section of the first Article of the Constitution of the Confederate States. Mr. Henderson presented the report of the Central Secretary to the Colleton Commission for the removal of negroes, which was ordered for consideration in secret session. GENERAL OFvDERS. The Convention resumed the consideration of the Report of the Special Committee of Twenty-one. The motion to strike out certain words in the fourth paragraph, made by Mr. E. M. Seabrook, was not agreed to. 430 JOUllXAL OF THE CONVENTION, Mr. Evans moved to amend the second paragraph of the report, by inserting after the word "proceedings" the following : " Particularly in drafting for State service, those liable under the Conscript law of the Confederate States : " Their expression of objection to the Conscript law on constitutional grounds : " Their conflict with Confederate authority as to exempts : and " The appointment of officers to the command of troops clllled into State service." The amendment was not agreed to. SPECIAL ORDEH. On motion of Mr. Phillips, the Convention proceeded to the consid- eration of the Iloport of the uiajority of the Special Committee of Seven, on an Ordinance to repeal "■ An Ordinance for strengthening the Executive Department during the exigencies of the present war," and for other purposes ; and on a petition from citizens of Marlboro' District, praying a dissolution of the Convention; and the Report of the minority of the same Committee on the same subjects, which had been made the special order of (he day for this day at twelve o'clock, M. ;. and, on motion of Mr. F. D. Richardson, the speciaJ order was discharged, and was made the special order of the da}' for this day at two o'clock, P. M. The General Orders were resumed. The Report of the Special Committee of Twenty-one was agreed to, and on motion of Mr. Barnwell, it was ordered that 2,000 copies of the report, together with the reports of the* heads of Departments, be printed for distribution. On motion of Mr. Pope, it was ordered that the reports of the sub- committees be printed in connection with the report of the Special Committee of twenty-one. Th6 General Orders were suspended, and Mr. Atkinson offered the following^ resolutions, which were ordered for consideration to-morrow, and to be printed : Resolved, That in the opinion of this Convention, the^ abandonment of the fortiQcations at the entrance to Georgetown, by which the enemy has already effected a lodgment on North Island, and obtained control of the water courses in that District, seriously exposes the interior of the StaTte to invasion. ..^':^ MONDAY, SEPTEMBER 15, 18(i2. 431 • Resolved, That whilst thoy highly appreciate the efforis which have already by the Governor and Qouncil been made to counteract the ill effects of said abandonment, it is the opinion of this body that the Governor and Council should forthwith renew their earnest efforts with President Davis and the Confederate General commanding in South Carolina, by which it may be impressed upon those authorities that these are appeals net only in behalf of the mere ^ocal interests of said District (important as those interests most uudoubtedly are), but on behalf of the interests of the ivhole State, which it is conceived has been thus vitally exposed ; and that the same be done with a view to the reeMah- lishment of our control of those water courses^ during the present pause which has been superinduced in the operations of the enemy along our coast. The General Orders were resumed. The report of the Committee on Accounts on the account of W. H. Trimmier, for advertising done for the Governor and Council ; and The report of the same Commiftee on the account of W. II. Trim- mier, for advertising the calls of the Convention, were agreed to. Mr. Curtis asked and obtained leave to withdraw from the tiles of the Convention the accounts of W. H. Trimmier, for advertising done for the Governor and Council. On mction of Mr. Dunkin, leave of absence was granted to Mr, Crawford, who was unable to attend in consequence of wounds received in battle. SPECIAL ORDER. On motion of Mr. Reed, the Convention proceeded to the considera- tion oi" the Report of the majority of the Special Committee of Seven on an Ordinance to repeal " An Ordinance for strengthening the Ex- ecutive Department during the exigencies of the present War;" and on the petition -of citizens of Marlboro' ; and The Report of the minority of the same Committee on the same Bubjects; which had been made the special order of the day for this day, at two o'clock, P. 31. Mr. Inglis offered the following amendment : TFc, the people of the Stale of South t'lrolinrr, in Convention asseni- Lled, do declare and urdaln, ami ,'t is herchi/ dctdrrd and ordained, That the " Ordinance for Strengthening the Executive Department 432 JOURNAL OF THE CONVENTION, during the exiaeneies of the present "War," ratified in Convention on the day of January, A. D., 1862, shall be amended as follows : Sec. 1. The term of office of those members of the Executive Council who were chosen by this Convention shall expire on the second Monday in Decetnbcr next, and the vacancies thus occurring shall be filled by the General Assembly, by joint ballot of the two houses, any free white adult male citizen being eligible, and a majority of all the votes cast being necessary to an election. Sec. 2. The Governor shall comnmuioate to the General Assembly, on the first day of the next "session thereof, full information concerning the transactions of the Council from the first day of the present ses- sion of this Convention until the time of the said communication, and also of the condition of every Department, and shall lay "before the General Assembly, the record of all the proceedings of the Governor and Council during the same time. This communication shall especially inform the General Assembly of every instance in which any act of the General Assembly has been or shall have been, prior to that time, ^modified or suspended by the action of the Governor and Council, and the reasons therefor, and the General Assembly shall have authority to review, repi^al or modify such proceedings of the Governor and Council, or any of them, as to it shall seem pruper. Sec. o. The General Assembly shall have power to modify the con- stitution of the Executive* Council, by reducing the number thereof, or restricting the powers conferred thereupon by the Ordinance of this Convention, or wholly to abolish the said Executive Council. Sec. 4. This Convention shall cease and be dissolved upon the expi- ration of two full years from the date of its original organization, to wit, on the seventeenth day of December next, at twelve o'clock, noon, but may in the meautiinc be assembled upon the call of the President, or in case of his death or absence from the State, or in case of his inability to act, by the Committee of Fiye appointed at the last session of this Convention for this purpose, or by a majprity of them, or the survivors or survivor of such majority, and shall be assembled upon the united demand in writing of a majority of the members of this Convention at the time of such demand. Mr.' Ilayue offered the following amendment: AN ORDINANCE To amend an Ordinance entitled "An Ordinance for strengthening MONDAY, SEPTEMBEll 15, 1862. 433 the Executive Department during the exigencies of the present War," and to provide for the dissolution of this Convention : Sec. 1. T^e, the People of the State of South Carolina, in Con- vention assembled, do declare and ordain, and it is herehij declared and ordained, That an Ordinanoe entitled "An Ordinance for strengthening the Executive Department, during the exigencies of the present war," shall, from and after the — ^— day of December next, be amended as follows : % In section first, instead of the words "shall be otherwise ordained by the People in Convention," insert the words "shall be otherwise enacted by the General Assembly of the State," and instead of the words " three other citizens of the State, to be chosen by this Conven- tion by ballot," insert " two other citizens of the State, to be elected by joint ballot of the two houses of the General Assembly." In section second, instead of the woids " to make all such nomina- tions and appointments to military offices as the Governor has hereto- fore been authorized to make," insert the words " to make in their dis- cretion all such nominations and appointments to military offices as shall not be otherwise ordered by the General Assembly;" and in- stead of the words "until the next meeting of the people in Conven- tion," insert the words, " until the next meeting of the General As- sembly," and instead of the words " three members thereof, chosen by the Convention," insert the words "two members thereof, elected by the General Assembly." In section seven, instead of the words "this Convention" and "the Convention," insert " the General Assembly." In section eight, instead of the words " the Special Private Secretary of the Governor shall be their Secretary without additional pay," in- sert the words " they %hall appoint a Secretary with such salary as may ^ be designated by the General Assembly." In section nine, strike out the words " within seven days after the adjournment of the present sitting of the' Convention." In section ten, instead of the words "an annual salary of two thou- sand dollara," insert the words "such salary as may be fixed by the General Assembly." Sec. 2. Section eleven of said Ordinance, from and after the said day of December, shall be and it is hereby repealed, pruvided the General Assembly is then in session; and on the same day, under the same proviso, the Offices of the present members of the Executive Council shall cease and determine, and the President of this Conven- 55 434 JOURNAL OF THE CONVENTION, tion is authorized and instructed, on that day, provided the General Assembly be in session, by Proclamation, to declare this Convention adjourned sine die, and forever dissolved., Mr. Harllee offered the following amendment : Strike out in section one, after word " empowered," to the word " war," in twelfth line inclusive, and insert : " To pass laws to strengthen the Executive Department to the extent of the powers, and no further, entrusted to the Governor and Council by "an Ordifianco of this Convention for strengthening the Executive Department during the exigencies of the present war," ordained the day of January last; and that the General Assembly in, con- ferring those powers, be authorized at their discretion to confer them jointly on the Governor and a Council to be elected by joint ballot, or on the Governor individually." Mr. E. M. Seabrook offered the following amendment : That until the present war between the Confederate States of Amer- ica and the United States shall have been terminated, and the forces raised in this State for the prosecution thereof shall have been dis- banded, or until it shall be otherwise ordained by the People in Con- vention, or by an Act of the Legislature, passed by a two-thirds vote, the Governor shall be assisted as hereinafter direcled, in the discharge of the duties imposed, and in the exercise of the powers conferred upon him under the Constitution and laws of this State, by a Council, to be called the Advisory Executive Council, which shall consist of the Lieutenant Governor, and three other citizens of the State, to be , chosen by the Legislature of the State by joint ballot, a majority of the votes cast at such election being necessary to a choice. That it shall be the duty of the Council, when required hj the Gov- ernor, to advise with him in all matters which he may subniit to their consideration, and that a record of such consultations shall be kept, and submitted to the Legislature by the Governor at its sessions : 2*ro- vided, however, that the Governor shall, in all cases, decide upon his own action. On motion of Mr. Pope, all the amendments were ordered to be printed. On motion of Mr. Inglis, the special order was discharged, and was TUESDAY, SEPTEMBER 16, 1862. 435 made the special order of the day for to-morrow, at eleven o'clock, A. M. Mr. PeSaussure offered the following resolution, which was con- sidered immediately, and was agreed to : Resolved, That the Rev. Dr. "B. M. Palmer be requested to deliver a Discourse before thi.s Convention on Thursday, the 18th of September, if the Convention shall then be in session, being the day upon which the President of the Confederate States has, by Proclamation, invited, the good people thereof to assemble together to return thanks to A1-. mighty God for IIis»ninnifold mercies to this Confederacyf displayed in the signal victories over the enemy which have recently crowned our arms. On motion of Mr. Pope, the Convention was adjourned at fifty min- utes past three o'clock, P. M. • B. F. ARTHUR, Clerk of the Convention^ TUESDAY, SEPTEMBER 16, 1862.* At the hour to which the Convention was adjourned, the President took the chair, and the proceedings were opened with prayer by Rev. 3^ M. Timmons. * The Clerk called the roll, and the following delegates answered to their names : Messrs. Allison, Atkinson, Barnwell, Barton, Bcaty, Bethea, Bonncan, Boswcll, Brabham, Brown, A. H. Jlessrs. Brown, C. P. Cain, Caldwell, Calhoun, Campbell, Charles, Chcsnut, Cheves, Clarke, Curtis, 436 rOURNAL OF THE CONVENTION, Messrs. Darby, Dozier, Dunkin, Dunovaq^, R. G. M DuPre, Evans, Fin ley, Flud, Foster, Frampton, Furman, Garlington, Gist, Goodwin, Gourdin, R. N. Gourdin, T. L. ^ Green, Gregg, William Grisbam, Harllee, Harrison, , Hayne, Henderson, Honour, Hopkins, Hunter, ^ Hutson, Inglis, Jackson, Jefferies, Jenkins, Jobn Jenkins, J. E. Jobnson, Kinard, Kinsler, Lawton, Logan, McKee, McLeod, Mannins;, Messrs. Mauldin, Maxwell, Mayes, Mazyek, , Middleton, Jobn Izard Middleton, Williams iMoore, Moorman, Noble, Nowell, O'Heat, Palmer, Phillips, Porcber, • Preston, Quattlebaum, Reed, Rbodes, Richardson, F. D. Richardson, J. P. Robertson, Scott, Seabrook, E. M. Seabrook, G. W. Sessions, Sbingler, J. M. Sbingler, W. P. Simons, Simpson, Sims, Smith, J. J. P. Smith, Thomas Smyly, Spain, Springs, Stephens, Sickes, Sullivan, Taylor, Tiramons, • TUES-DAY, SEPTEMBER 16, 1862. 437 Messrs Tompkins, Messrs. Wilson, I. D. Wannaraaker, Wilson, J. IT. Wardlaw, Woods, Wier, Young. Williams, The journal of yesterday's proceedings was read. Mr. Allison presented the report of the Committee on Accounts on the account of C. P. Pelham, which was considered immediately, and was agreed to. Mr. DeSaussure presented the account of R. W. Gibbes for adver- tising, which was referred to the Committee on Accounts. Mr. Allison ofifcred the following resolutions, which were considered immediately, and were agreed to : Resolved, That the President of this Convention is authorized and directed to issue his warrants upon the Treasury in usual form, for the payment of all sums of money allowed by this Convention not other- wise directed. Beiiolved, That the Members, Clerk, Messenger, Doorkeeper, Solici- ■ tor and Engrossing Clerks of this Convention recefve, severally, as compensation for their services during the present sitting thereof, the same rate of paymeat in proportion to the time they serve, as is allowed the members and the same officers of the House of Representatives of this State. Resolved, That the President of the Convention be authorized and directed to draw his warrant upon the. Treasury, for whatever sum may be reported to him by the Clerk, as due for stationery and any expenses incidental to his office not otherwise directed to be paid by the Conven- tion. ■ Mr. Kinard presented the account of R. H. Grenekcr for advertising, which was referred to the Committee on Accounts. GENERAL ORDERS. The report of the Committee on Accounts on the account of the Yorkvillo Enquirer^ was agreed to. SPECIAL ORDER. On motion of ^Ir. Reed, the Convention proceeded to the oonsidera- 438 JOURNAL OF THE CONVENTION, • tion of the report of the majority of the Special Committee of Seven, on an Ordinance to repeal " An Ordinance for strengthening the Executive Department during the exigencies of the present war;" and on the petition of citizens of Marlboro' j And the report of the minority of the same Committee on the same subjects; which had been made the special order of the day for this day at eleven o'clock, A. M. Mr. Reed moved that the amendment offered by Mr. Inglis, and the amendment offered by Mr. Hayne, be ordered to lie on the table. The motion was not agreed to. Mr. Hayne withdrew his amendment. On motion of Mr. Inglis, the word " shall," in the first section of the amendment offered by Mr. Inglis, was stricken out, and the word "may" inserted. On motion of Mr. J. J. P. Smith, the Convention was adjourned at forty-five minutes past three o'clock, P. M. • B. F. ARTHUR, Clerh of the Convention. WEDNESDAY, SEPTEMBER 17, 1862. At the hour to which the Convention was adjourned, the President took the, chair, and the proceedings, were opened with prayer by the Rev. B. F. Mauldin. The Clerk called the roll, and the following Delegates answered to their names : Messrs. Allison, ' Messrs. Brown, A. H. . Alston, • Brown, C. P. Atkinson, Cain, Barnwell, Caldwell, Barton, Calhoun, ^ . Beaty, Campbell, Bethea, Caughman, Bonneau, Cauthen, Boswell, Charles, Brabham, Cheves, WEDNESDAY, SEPTEMBER 17, 1862. 439 Messrs. Clarke, Messrs. Kinard, Curtis, Kinsler, Darby, Landnim, | •• Davant, Lawton, DeSaussure, Logan, Dozier, McKee, Duncan, McLeod, Dunkiu, ]\Ianning, Duuovant, R. G. M. Mauldin, DuPre, Maxwell, English, 31 ayes, Evans, Mazyck, Fair, Middleton, John hard Eiuley, ^ Middleton, AVilliams Elud, Moore, Foster, Moorman, Frampton, Noble, Furmaa, Nowell, GarliugtoD, O'HeaA-, Geiger, Palmer, Gist, « '« Perrin, ib* Goodwin, Phillips, 5; Gourdin, R. ^. Pope, Gourdin, T. L. Porcher, Green, Preston, Gregg, "William Quattlebaum, Grisham, Reed, Harllee, Rhett, » Harrison, Rhodes, • Henderson, Richardson, F. D. Ilonaur, Robertson, Hopkins, Scott, Hunter, Sessions, Hutson, Simons, Inglis, Simpson, Jackson, Sims, Jefferies, Smith, J. J. P. Jenkins, John Smith, Thomas Jenkins, J. E. Sujyly, Johnson, Spain, 440 JOURXAL OF THE CONVENTION, Messrs. Springs, 31essrs. Wannamaker, Stephens, Wardlaw, H Stokes, Wier, Sullivan, Williams, . * Taylor, Wilson, J. H. Timmons, Woods, Tompkins, Young. Wagner, The journal of yesterday's proceedings was read. Mr. Eeed offered the following resolutions, which were considered immediately, and were agreed to : Resolved unani'moicsh/, That the thanks of this Convention are eminently due, and are hereby tendered, to the Sou^h Carolina soldiers, officers and privates, in the Confederate Army, for the patriotic gal- lantry with which they responded to the call of their country, and for the characteristic courage and energy with which they have borne aloft the Palmetto Banner on the bloody battle fields of Virginia, South Carolina and elsewhei'e, to the imperishable glory and honor of them- selves and their State. ♦ Resolved unanimously, That thfc Convention begs, most sincerely, to mingle its sympathies with the relatives and friends of those who have fallen in the service of their country, whether in battle, amidst the clangor of arras, from wounds received in battle, from disease, or from accident; and that the Executive authority of this State be requested to collect the names of all such, and have them transcribed into a suitable Record Book, designating the corps to which they belonged, their rank in the service, and the cause of death, to be preserved amongst the archives of the State, as a token of respect to their memories, aijd a legacy of inestimable value to their friends. • Res(Mvcd unanimously, Ihat the children who have been, and may hereafter be, made orphans, by the fall of their fathers in defending their country against the invasion and devastation of a relentlef^s and cruel enemy, are preeminently the children of the State, and it is the duty of the constituted authorities to provide, as far as practicable, for their sustenance and education, and for training them up in such way that the State,, in future years, " when asked for her* jewels, may point to her sons," the offspring of fathers who fell gallantly defending the liberties of their country. Rtsolved unanimously, That a copy of these resolutions be trans- WEDNESDAY, SEPTEMBER 17, 1862. 441 mitted by the Clerk of the Convention to officers commanding regiments, battalions and companies of South Carolina troops, with a request that they be communicated to their respective commands. Mr. Kiusler presented the account of Theodore Stark, for services rendered to the Convention, which was referred to the Committee on Accounts. Mr. Kiusler offered the following resolution, which was considered immediately, and was agreed to : • Resolvcil, That 3Iaj. Theodore Stark be allowed the same pay per diem as members of this body, for his sei;vices as Librarian. Mr. Quattlebaum offered the following resolution, which was consid- ered immediately, and was agreed to : Reso/oed,' That tlie two thousand extra copies of the report of the Special Committee of Twenty-one on the communication of his Excel- lency the Governor and the accompanying documents ordered to be printed, be taken charge of by the Clerk of the Convention as soon as the work is finished, and that he, send the same pro rata to the several members of this body for general distribution. Mr. Allison, from the Committee on Accounts, made reports On the account of R. W. Gibbes; and On the account of 11. H. Grencker j which were considered imme- diately, and were agreed to. SPECIAL ORDER. The Convention proceeded to the consideration of the report of the majority of the Special Committee of Seven, on an Ordinance to repeal " An Ordinance for strengthening the Executive Department during the exigencies of the present War; " and on the petition of citizens of Marlboro' ; And the report of the minority of the same Committee on the same subjects ; which had been made the special order of the day for this day. jNIr. F. D. Richardson moved that the report of the minority of the Committee be ordered to lie on the table; and the question being put, will the Convention agree thereto? it passed in the affirmative. Yeas, 90 ; nays, 25. 5G 442 JOURNAL OF THE CONVENTION, The yeas and nays were demanded, and are as follows : Those who voted in the aflBrmative, are . Hon. D. F. Jamison, President; and Messrs. Alston, Messrs. G-reen, Atkinson, Barnwell, Gregg, William Hanckel, Batton, Harrison, Bobo, Bonneau, ^ Henderson, Honour, Brabham, Inglis, Brown, A. H. Jackson, • Brown, C. P. Jefferies, Burnet, Jenkins, John Cain, Caldwell, Jenkins, J. E. Kinard, Campbell, Carroll, • Landrum, Lawton, Caughman, Cauthen, Charles, Logan, McCrady, McKee, Cheves, McLeod, Clarke, Manigault, Curtis, Mauldin, Darby, Davant, DeSaussure, Dozier, ' Maxwell, Mayes, Mazyck, Middleton, John Izard Duncan, Middleton, Williams Dunkin, Moore, DuPre, Moorman, English, No well. Fair, O'Hear, Finley, Flud, Palmer, Perrin, Frampton, Furman, Porcher, Preston, Garlington, Gourdin, R. N. Quattlebaum, Rhett, Gourdin, T. L. Rhodes, .Jik WEDNESDAY, SEPTEMBER 17, 1862. 443 Messrs. Richardson, F. D. Robertson, Scott, Seabrook, G. W." Sessions, Simpt-oi;, Sims, Smith, J. J. P. Smith, Thomas Spain, • Springs, Stephens, Stokes, Messrs. Taylor, Timmons, Tompkins, Townsend, AVagner, Wannamaker, Wardlaw, Wier, Williams, Wilson, 1. D. Wilson, J. H. Woods, Youno-. Those who voted in the negative, are Messrs. Johnson, Manning, Noble, Phillips, Pope, Reed, Richardson, J. P. Seabrook, E. M. Shingler, W. P. Simons, timyly, Sullivan. Messrs. Allison, Beaty, Bethea, Boswell, Calhoun, Dunovant, R. G. M. Evans,- Foster, Geiger, Goodwin, Grisham, Hopkins, Hunter, So the motion was agreed to. Mr. A. H. Brown moved that the report of the majority of the Com- mittee and the amendments be ordered to lie on the table; and the question being put, will the Convention agree thereto "/ it passed in the negative. Yeas, 38 ; nays, 88. The yeas and nays were demanded, and arc as follows : Those who voted in the affirmative, are Messrs. Alston, Barnwell, Brown, A. H. Messrs. Brown, C Burnet, Caldwell, 444 JOURNAL OF THE CONVENTION, Messrs. Campbell, Caughman, Cheves, Curtis, Davant, DeSaussure, Dozier, DuPre, Franipton, Gourdiu, 11. N. Henderson, ' Honour, Inglis, Jackson, McKee, Middleton, John Izard Messrs. Middleton, Williams Moore, Nowell, O'llcar, Perrin, Preston, Quattlebaum, llhett, E bodes, Sniftb, J. J. P. Stepbeus, Taylor, Towusend, Wagner, Williams, Wilson, J. H.' • Those who voted in the negative, are Hon. D. Messrs. Allifon, Atkinson, Barton, Beaty, Bethea, Bobo, « Bonneau, ■ Boswell, Brabham, Cain, Calhoun, Carroll, Cauthen, Charles, Clarke, Darby, Duncan, Dunkin, Dunovant, R. G. English, P. Jamison, President; and Messrs. Evans, Fair, * Fin ley, Flud, Foster, Furman, Garlington, Geiger, Goodwin, * Gourdin, T. L. Green, Gregg, William Grisbam, Hanckel, I-arllee,' Harrison, Hopkins, Hunter, M. Hutson, JefFeries, WEI>NESDAY, SEPTEMBER 17, 1S62. 445 Messrs. Jenkins, John Jenkins, J. 'E. JolinsoD, Kinard, La n drum, Lawton, • Logan, McCrady, McLeod, Manigault, Manning, Mauldin, Maxwell, Mayes, Mazyck, Moorman, Noble," Palmer, Phillips, Pope, Porch er, Reed, Richardson, F. D. Richardson, J. P. Messrs. Robertson, Scott, Sea brook, E. M. Seabrook, G. W. Sessions, Shingler, W. P. Simons, Simpson, Sims, Smith, Thomas Smyly, Spain, Springs, Stokes, Sullivan, Timmons, Tompkins, Wannaiiiakcr, Wardlaw, Wier, Wilson, I. D. W^ods, Young. So the motion was not agreed to. Mr. Fair moved that thfe amendment offered by Mr. Inglis be ordered to lie on the table; and the question being put, .will the Convention agree thereto? it passed in the negative. Yeas, 36 J nays, 89. The yeas and nays were demanded, and are as follows : Those who voted in the affirmative, .are Messrs. Allison, Bethea, Brabham, Calhoui^ Dunovant, R. G. M. Evans, Fair, Messrs. Fiuley, Foster, Garlington, Geiger, Goodwin, Grisham, Harilee, 449 JOURNAL OF THE CONVENTION, Messrs. Hopkins, Hunter, Johnson, Law ton, Manning, Noble, Palmer, Phillips, Pope, « Reed, Rhodes, Those who voted in the negative, are Messrs. Richardson, P. D. Richardson, J. P. Seabrook, E. M. Shingler, W. P. Smyly, Springs, Sullivan, Townsend, AVilson, I. D. Woods, Youner. Hon. D. Messrs. Alston, Atkinson, Barnwell, Lartou, Beaty, Lobo, Ronneau, Roswell, Lrown, A. H. Burnet, Cain, Caldwell, Campbell, Carroll, Caughman, Cauthen, Charles, Cheves, Clarke, Curtis, Darby, Davant, DeSaussure, Dozier, Duncan, F. Jamison, President ; and Messrs. Duukin, DuPre, English, Flud, Frampton, Furman, Gourdin, R. N. ♦ Gourdin, T. L. Green, Gregg, William Hanokel, Harrison, Henderson, Honour, Hutson, Inglis, Jackson, Jeflferies, Jenkins, John Jenkins, J. E. Kinard, Landrum,^ Logan, McCrady, McKee, WEDNESDAY, SEPTEMBER H, 1862. 447 Messrs. McLeod, Manigault, Mauldin, Maxwell, Mayes, Mazyck, MiddletOD, John Izard Middleton, Williaius Moore, Moorman, ffowell, O'llear, Perrin, Porcher, Preston, Quattlebaum, Rhett, Robertson, Scott, Messrs Scabrook, G-. W. Sessions, Simons, i^impson, Sims, Smith, J. J. P. Smith, Thomas Spain, Stephens, Stokes, Taylor, ■ Timmons, Tompkin^ Wagner, Wannamaker, Wardlaw, , Wicr, Williams, Wilson, J. H. So the motion was not agreed to. Mr. A. II. Brown moved to amend the amendment by striking out, in the third section thereof, the words "or wholly to abolish the said Executive Council.^' The motion was not agreed to. Mr. A. II. Brown moved to strike out, in the first . section of the amendment, the word " may," and insert " shall." The motion was not agreed to. Mr. Evans moved to strike out, in the first section of the amendment, the words " second Monday in December," and insert " fourth Monday in- November." The motion was not agreed to. Mt Pope moved to amend by striking out all of the fourth section of the amendment, after the words " expiration of;" and insert "of its present session." Mr. Mazyck moved that the amendment be ordered to lie on the table; and the question being put, will the Convention agree thereto? it passed in the affirmative. Yeas, 100 nays, 23. 448 JOUUNAL OF THE CONVENTION, The jcas and najg wcro dcmaodcd, and arc as follows: Tbusc who voted iu the affirmative, arc Hon. 1). Messrs. Alston, Atkinson, Jiaruwcll, Barton, IJeaty, Bobo, Bonncuu, Bos well, Brown, A. II. Brown, C 1'. ]>uruct, Cain, Caldwell, , Catupbell, Carroll, Caughman, ' Cauthcn, Charles, Chcvca, Clarke, Curtis, Darby, I'avant, i)et?au88ure, l>ozicr, Duncan, Dunkin, J>uiiuvaht, R. (j. Dul'rc, English, Fair, Fiiiley, Flud, Frainplon, I'uruian, Garlington, r. J.\MisoN, Prciident; and Messrs. (iourdin, H. N. Gourdin, T. L. GrccD, Grcpc, William Ilanckel, Harrison, Henderson, ]Ion(iur, Hut^on, Inglis, Jackson, JetTcries, Jenkins, John Jenkin. itself a Constitution, and appointed officers for the ndministration of governuient in all its departments — Legislative, Eseotllivc and Judicial. For purposes of defence, they united their arms and their counsels; and, irv 177S, tlicy entered into a League known as the Articles of Confederation, wheretj thej agreed to entrust the administration of their external relations to a common agent, known as the Congress of the United States, expressly declaring, in the first Article '* that each State retnins its sovereignty, freedom and independence, and every power, jurisdiction and right which is not, by this Confederntiou, ex- pressly delegated to the United b'tatcs in Congress assembled." Under this Confederation the war of the Revolution was carried on, and on the 3d September, ITSo, the contest ended, and a definite Treaty was signed by Great IJritain, in whichshe acknowledged the indepen- dence of the Colonies in the following terms : "Articlk 1. — Ilis Britannic ]M:ijcsty acknowledges the said United States, viz: New llainpsliire, Massachusetts IJay, Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsyl- vania, Delaw^irc, Maryland, A''irginia, North Carolina, South Carolina and -Georgia, to bo FREE, SOVEREIGN AND INDI^^PEXDENT STATES; that he treats with them as such; and for himself, his heirs and successors, relinquishes all claims to the government, propriety and territurial rights of the same and every part thereof." Thus were established the two great principles asserted by the Colo- nies, namely : the right of a State to govern itself; and the right of a people to abolish a Government when it becomes destructive of the ends for which it was ipstituted. And concurrent with the establish- ment of these principles, was the fact, that each Colony became and was recognized by the mother Country as a FREE, SOVEREIGN AND INDEPENDENT STATE. In ITHT, D.eputics were appointed by the States to revise the Articles of Confederation, and on 17th September, 1787, these Deputies recom- mended, for the adoption of the States, the Articles of Union, known as the Constitution of tlie United States. The parties to whom this Constitution was submitted, were the several sovereign States; they were to agree or disagree, and when nine of them agreed the compact was to lake effect among those concurring; and the General Government, as the couiuiou agent, was then to be invested with their authority. If only nine of the thirteen States had concurred, the other four would have remained as they then were — separate, sovereign States, FIRST SESSION. 4G3 independent of any of the provisions of the Constitution. In fact, two of the States did not accede to the Constitution until long after it had gone into operation among the other eleven ; and during thaf inter- val, they each exercised the functions of an independent nation. By this Constitution, certain duties wore imposed upon the several States, and the exercise of certain of their powers was restrained, which necessarily implied their continued existence as sovereign States. But to remove all doubt, an amendment was added, which declared that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to ther people. On 23d May, 1788, South Carolina, by a Convention of her People, passed an Ordinance assent- ing to this Constitution, and afterwards altered her own Constitution, to conform herself to the obligations she had undertaken. Thus was established, by compact between the States, a Government, with defined objects and powers, lijiiited to the express words of the grant. This limitatiod left the whole remaining mass of power sub- ject to the clause reserving it to the States or to the people, and ren- dered unnecessary any specification of reserved ri.Mits. We hold that the Government thus established is subject to the two great principles asserted in the Declaration of Independence; and we hold further, that the mode of its form/ition subjects it to a tliird fun- damental principle, namely: the law of compact. We maintain that in every compact between two or more patties, the obligation is mutual ; that the failure of one of the contracting parties to perform a material part of the agreement, entirely releases the obligation of the other; and that where no arbiter is provided, each party is remitted to his own judgment to determine the fact of failure, .with all its consequences. In the present case, that fact is established with certainty. We assert that fourteen of the States have deliberately refused, for years past, to lulfil their constitutional obligations, and we refer to their own Statutes fur the proof. The Constitution of the United States, in itsfourtli Article, provides as follows : " Xo person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall he delivered up, on claim of the party to whom such service or labor may be due." This stipulation was so material to the compact, that without it that 4G4 APPENDIX TO THE compact would not have been made. The urcatcr number of the con- tracting parties held slaves, and they had previously evinced their esti- mate *of the value of such a (stipulation by luakinpit a condition in the Ordinance for flic government of the territory ceded by Virginia, which now composes the States north of the Ohio River. The game article of the Constitution stipulates also for rendition by the several States of fugitives from justice from the other States. The General Government, as the common agent, passed laws to carry into effect these stipulations of tile States. For many years these laws were executed. But an increasing hostility on the part of the non- slaveholding States to the institution of slavery, has led to a disregard of their obligations, and the laws of the General Government have ceased to effect the objects of the Constitution. The States of Maine, New Hampshire, Verniout, Massachusetts, Comiecticut, Rhode Island, New York, Pennsylvania, Illinois, Indiana, i^lichigan, Wisconsin and Iowa, have enacted laws which cither nullify the Acts of Congress or ren- der useless any attempt to execute them. In iliany of these States the fugitive is discharged from the service (^r labor claimed, and in none of them has the State Government complied with the stipulation made in the Constitution. The State of New Jersey, at an early day, passed a law in conformity with hci constitutional obligation; but the current of anti-slavery feeling has led her more recently to enact laws which render inoperative the remedies provided by her own law and by the laws of Congress. In the State of New York even the right of transit for a slave has been denied by her tribunals ; and the States of Ohio and Iowa have refused to surrender to justice fugitives charged with murder, and with inciting servile insurrection in the State of Virginia. Thus the constituted compact has been deliberately broken and disre- garded by the non-slaveholding States, and the consequence follows that South Carolina is released from her obligation. The ends for which this Constitutiitn was framed arc declared by itself to be " to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity." Ihcsc ends it endeavored to accomplish by a Federal Government, in which each State was recognized as an equal, and had separate con- trol over its own institutions. The riglit of j-ropcrty in slaves was recognized by giving to free persons distinct political right.-?, by giving them the right to represent, and burtheniug them with direct taxes for FIRST SESSION. 466. three-fiftlis of their slaves; by authorizing the importation of slaves for twenty years ; and by stipulating for the rendition of fugitives from labor. We affirm that these ends for which this Government was instituted have been defeated, and the (Jovernmcnt iteelf has been made destruc- tive of them by the action of the non-slaveholding States. Those States have assumed the right of deciding upon the propriety of our domestic institutions; and have denied the rights of property estab- lished in fifteen of the States and recognized by the Constitution ; they have denounced as sinful tl^e institution of slavery; they have per- mitted the open establishment among them of societies, whose avowed object is to disturb the peace and to eloign the property of the citizens of other States. They have encouraged and assisted thousands of our slaves to leave their homes; and those who remain, have been incited by emissaries, books and pictures to servile insurrection. For twenty-five years this agitation has been steadily increasing, until it has now secured to its aid the power of the common Govern- ment. Observing ihc/or7ns of the Constitution, a sectional party has found within that Article establishing the Executive Department, the means of subverting the Constitution itself. A geographical line has been drawn across the Union, and all the States north of that line have united in the election of a man to the higj^ office of President of the United States, whose opinions and purposes are hostile to slavery. IJe is to be entrusted with the administration of the common Government, because he has declaxed that that " Government cannot endure per- manently half slave, half free," and that the public mind must rest in the belief that slavery is in the course of ultimate extinction. This sectional cwiibi nation for the submersion of the Cou.stitutiori, has been aided in some of the States by elevating to citizenship, per- sons, who, by the supreme law of the land, are incapable of becoming citieens; and their votes have been used to inaugurate a new policy, hostile to the South, and destructive of its peace and safety. On the 4th of March next, this party will take possession of the Government. It has announced that the South shall be excluded from the common territory, that the judicial tribunals shall be made sectional, and that a war must be waged against slavery until it shall cease throughout the United States. The guaranties of the Constitution will then no longer exist; the cqiial rights of the States will be lost. The skvcholding Stitcs will 5'J 466 AI'PENDIX TO THE no longer have the power of self-government, or self-protection, and the Federal Governmor.t will have become their enemy. Sectional interest and animosity will deepen the irritation, and all hope of remedy is rendered vain, by the fact that public opinion at the North has invested a great political error with the sanctions of a more erroneous religious belief. We, therefore, the People ^f South Carolina, by our delegates in Convention assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, have sulemnly declared that the Union heretofore existing between this State and the other States of North America, is dissolved, and that the State of South Carolina has resumed her position among the nations of the world, as a separate and independent State j with full power to levy war, conclude peace, con- tract alliances, establish commerce, and to do all otlicr acts and things' which iuiiependeut States may of right do. riEST SESSION. 46? THE ADDRESS OF THE PEOPLE OF SOUTH CAROLINA, ASSEMBLED IN CONVENTION, TO THE PEOPLE OF THE SLAVEHOLDING STATES OF THE UNITED STATES. It is seveoty-thrce years since the Union between the United States was made by the Constitution of the United States. Durinpr this time, their advance iti wealth, prosperity and power has been with scarcely a parallel in the the history of the world. The great* object of their Union was defence against external aggression; which object is now 'attained, from (heir mere progress in power. Thirty-cme millions of people, with a commerce and navigation which explore every sea, and with agricultural productions which are necessary to every civilized people, command the friendship of the world. But unfortunately, our internal peace has not grown with our external prosperity. Discontent and contention have moved in the bosom of the Confederacy for the last thirty-five years. During this time. South Carolina has twice called her people together in solemn Convention, to take into consider- ation the aggressions and unconstitutional wrongs perpetrated by the people of the North o;i the people of the South. These wrongs were submitted to by the people of the South, under the hope and ex- pectation that they svould be final. ]Jut such hope and expectation have prov(?d to be vain. Instead of producing forbearance, our acqui- escence has only instigated to new forms of aggression and outrage; and South Carolina, having again assembled her people in (Convention, has this day dissolved her connection with the States constituting the United States. The one great evil, from which all other evils have flowed, is the overthrow of the Constitution of the United States. The Government of the United States is no longer the Government of Confederated Re- publics, but of a consolidated Deniocracy. It is no longer a free Gov- ernment, but a despotism. It is, in fact, such a Government as Great Britain attempted to set over our fathers ; and which was resisted and defeated by a seven years' struggle for independence. The Revolution of 1770 turned upon one great principle, self-govern- ment — and self- taxation, the criterion of Belf-govcrnment. Where the iatcrests of two people united together under one Government, arc dif- 4GS ATPENDIX to THK ferent, each must have the power to protect its interests -by the organi- zation of the Government, or they cannot be free. The interests of (Ireat Britain and of the Colonics were different and antnjronistic. Great Britain was desirous of -carryinp: out the policy of all nations to- wards their Colonies, of making them tributary to her wealth and power. She had vast and complicated relations with the whole world. Her policy towards her North American Colonies was to identify them with her in all these complicated relations ; and to make them bear, in common with the rest of. the Empire, the full burden of her obliga- tions and necessities. She had a vast public debt ; she had an Euro- pean policy and an Asiatic policy, which had occasioned the accumu- lation of her public debt; and which kept her in continual wars. The North American Colonies saw their interests, political and commercial, sacrificed by such a policy. Their interests recjuircd that they should* rot be ideutilied with the burdens and wars of the mother country. They had been settled under charters, whieh gave them self-govern- ment ; at least so far as their property was concerned. *Thcy had taxed themselves, and had never been taxed by the Government of Great Britain. To make them a part of a consolidated Empire, the Parlia- ment of Great Britian determined to assume the power of legislating lor the Colonies in all cases whatsoever. Our ancestors resisted the pre- tension. They refused to be a part of the consolidated Government of Great Britain. The ^Southern States now stand exactly in the same position towards the Northern States that the Colonies did tojvards Great Biitain. The Northern States, having the majority in Congress, •claim the same power of omnipotence in legislation as the British Barliament. " The General Welfare," is the only limit to the legislation of either; and the majority in Congress, as in the liritish Parliament, arc the sole ju(jlges of the expediency of the legislatiou this " General "Wel- fare" requires. Thus, the Government of the United Slates has become a consolidated Government j and the people of the Southern States are compelled to meet the very despotism their fathers threw off in the Ptevolutiou of 1770. The couholidatiou of the Government of Great Britain over the Colo- nies, was attempted to be carried out by the taxes. The British Par- liauu'ut undertook to tax the Colonies, to promote British interests. Our father.s resisted this pretension. They claimed the right of self- taxation ihroujh their Colonial Lcijidaiures. They were not represented iu the British Parliament, and, therefore, could not rightly be taxed FIRST SESSION. 469 by its legislation. The British Government however, offered them a representation in Parliament; but it wag not sufficient to enable them to pfotect themselves from the majority, jfnd they refused the offer. Between taxation without any representation, and taxation without a representation adequate to protection, there was no difference. In neither case would the Colonies tax themselves. Hence, they refused to pay the taxes laid by the British JParliaraent. And so with the Southern States, towards the Northern States, ia the vital matter of taxation. They are in a minority in Congress. Their representation in Congress is useless to protect them against unjust taxation; and they are taxed by the people of the }iorth for their bun' ejif, exactly as the people of Great Britain taxed our ancestors in the British Parliament for their benefit. For the last forty years, the taxes laid by the Congress of the United States, have been laid with a view of subserving the interests of the North. The people of the South have been taxed by duties on imports, not for revenue, but for an object inconsistent with revenue — to promote, by prohibitions. North- ern interests in the productions of their mines and manufactures. There is another evil, in the condition of the Southern towards the Northern Stites, which our ancestors refused to bear towards Great Britain. Our ancestors not only taxed themselves, but all the taxes collected from them, were expended amongst them. Had they sub- mitted to the pretensions of the British Government, the taxes collected from them would have been expended in other parts of the British Empire. They wercfully aware of the effect of such a policy in inj- poverishing the people from whom taxes are collected, and in enriching those who receive the benefit of their expenditure. To prevent the evils of such a policy, was one of the motives which drove them on to revolution. Yet this British policy has been fully realized towards the Southern States by the Northern States. The people of the Southern States are not only taxed for the benefit of the Northern States, but after the taxes are collected, three-fourths of them are ex- pended at the North. This cause, with others, connected with the operation of the General Government, has made the cities of the South provincial. Their growth is paralyzed; they are mere suburbs of Northern cities. The agricultural productions of the South are the basis of the foreign commerce of the United States ; yet Southern cities do not carry it on. Our foreign trade is almost annihilated. In 1740, there were five shipyards in South Carolina, to build ships to carry on our direct trade with Europe. Between 1740 and 1770, there wore 470 APPENDIX TO THE built iu these yards, twenty-five square ricged vessels, besides a great number of sloops and schooners, to carry on our coast and West India trade. Iu the' half century imniediatoly preceding the J^evolnMon, from 1725 to 1775, the population of S;tilo act D. P. BUTLER, Assislant Adjutant- General. Fort Moultrie, S. C, Dec. 11, 1860. This is in conformity to my instructions ^o Major Buell. JOHN B. FLOYD, Secretury of War. These were the last instructions transmitted to Major Anderson before his removal to Fort Sumter, with a single exception in regard to a particular which does not, in any degree, aflFect the present ques- tion. Under these circumstances, it is clear that ]^Iajor Anderson acted upon his own responsibility, and without authority, unless, indeed, he had " tangible evidence of a design to proceed to a hostile act," on the part of the authorities of South Carolina, which has not yet been alleged. Still, he is a brave and honorable officer; and justice requires that he should uot be condemned without a fair hearing. Be this as it may, when I learned that Major Anderson had left Fort Moultrie, and proceeded to Fort Sumter, my first promptings were to command him to return to his former position, and there to await the contingencies presented in his instructions. This could only have been done, with any degree of safety to^the comuiand, by the concur- 49U APPENDIX TO THE • rence of the South Carolina authorities. But, before any steps could pos&ibly have been taken in this direction, we received information, dated on the 28th instant, that '' the Palmetto Hag floated out to the breeze at Castle Pinckney, and a large military force went over last night (the 27th)^to Fort Jloultrie." Thus the authorities of South Carolina, without waiting or asking for any explanation, and doubtless believing, as j'ou have expressed it, that the officer had acted not only without, but against my orders, on the very next day after the night when the removal was made, seized, by a military force, two of the three federal forts iu the harbor of Chsrleston, and have covered them under their own flag', instead of that of the United States, At thi? glooniy period of our history, startling events succeed each other rapidly. On the very day (the 27th in.stant) that possession of these two forts was taken, the Palmetto flag was raised over the Federal (Custom House and Post Office iu Charleston ; and, on the same day, every officer of the Customs — Collector, Naval Officers, Surveyor and * Appraisers — resigned their offices. And this, although it was well known, from the language of my message, that, as an executive officer, 1 felt niy.-^elf bound to collect the revenue at the port of Charleston under existing laws. In the harbor of Charleston, we now find three forts confronting each other, over all of which the Federal flag floated only four days ago; but now, over two of them, this flag has been sup- planted, and the Palmetto fl^ig has been substituted in its stead. It is, under all these circumstances, that I am urged immediately to with- draw the troops frouj the harbor of Charleston, and am informed that without this, negotiation is impossible. This I cannot do; this I will not do. Such an idea' was never thought of by me in any possible contingency. No allusion to it had ever been made in any com- munication between myself and any human being. But the infer- ence is, that 1 am bound to withdraw the troops from the only fort remaining in the possession of the United States in the harbor of Charleston, because the officer then in command of all the forts thought, proper, without instructions, to change his position from one of them to another. I cannot admit the justice of any such inference. At this point of writing, I have received information, by telegram, from Captain Humphreys, in command of the Ar.senal at Charleston, " that it has to-day ^^Sunday, the 30th,) been taken by force of arms." It is estimated that the munitions of war belonging to the United States in this Arsenal are worth half a million of dollars. Comment is needless. Aftpr this information, I have only to add, / FIRST SESSION. 491 that^ whilst it is my duty to defend Fort Sumter, as a portion of the public property of the United States, against hostile attacks from what- ever quarter they may come, by such means as I may possess for this pirpose, I do not perceive how such a defence can be construed into a nenace against the City of Charleston. With great personal regard, I remain Yours, very' respectfully, JAMES BUCHANAN. Honorable KoBERT W. BarnWt;t>., James II. Adams, James L. Orr. [reply of commissioners to the president.] Washington, D. C., January 1st, 1861. • Sir : AVe have the honor to acknowledge the receipt of your letter of the 30th December, in reply to a note addressed by us to you on the 28th of the same month, as Commissioners from South Carolina. In reference to the declaration with which your reply commences, that "your position ae President of the United States was clearly de- fined in the Message to Congress of the 3d instant," that you possess "no power to change the relations heretofore existing" between South Carolina and the United States, " much less to acknowledge the inde- pendence of that State," and that, consequently, you could meet us only as private gentlemen of the highest character, with an entire wil- lingness to communicate to Congress any proposition we might buvc to make, we deem it only necessary to say, that the State of South Caro- lina having, in the exercise of that great right of self-government which underlies all our political organizations, declared herself sovereign and independent, we, as her representatives, felt no special solicitude as to the character in which you Diight recognize us. Satisfied that the State had simply exercised her unquestionable right, we were pre- pared, in order to reach substantial good, to waive the formal considera- tions which your constitutional scruples might have prevented you from extending. We came here, therefore, expecting to be received as you did receive us, and perfectly content with that entire willingness of which you assured U8, to submit any proposition to Congress which 402 APPENDIX TO THE we might have to make upon the subject of the independence of the State. That willingness was ample recognition of the condition of pub- lic affairs which rendered our presence uocessary. In this pi)siti((n, however, it is our duty, both to the J^tate which we represent and \o ourselves, to correct several important misconceptions of our letter, in^j which yuu. have fallen. You say : "It was my earnest desire that such a disposition might \\ made of the whole subject by Congress, who alone possesses the powe to prevent the, inauguration of a civil war between the parties in re gard to the possession of the Federal forts in the harbor of Charleston and I, therefore, deeply regret that, in your opinion, 'the events of the last twenty-four hours render this impossible.' " We expressed no suck opinion; and the language which you quote as ours, is altered in its sense by the omission of a most important part of the sentence.- "What we did say was — " But the events of the last twenty-four hours , render such an assurance impossible." Place that "assurance" as con- tained iu our letter, in the sentence, and we are prepared to repeat it. Again, professing to (juote our language, you say : "Thus the au- thorities of South Carolina, without waiting or asking for any explana- tion, and, doubtless, believing, as you have expressed it, that the offi- cer had acted not only without, but against my orders," &c. We ex- pressed no such opinion in reference to the belief of the people of .South Carolina. The language which you have quoted, was applied solely and entirely to oui- assurance, obtained here, ai»d based, as you well know, upon your own declaration — a declaration which, at that time, it was impossible for tho authorities of South Carolina to have known. But, without following this letter into all iis details, we pro- pose only to meet tho chief points of the argument, Souft weeks a^o, the State of South Carolina declared her intention in the existing condition of public alFairs, to secede from the United States. She called a Convention of her people to put her declaration in force. The Convention met, and passed the Ordinance of Secession. All this you anticipated, and your course of action was thoroughly con- sidered. In your annual message, you declared you had no right, and would not attempt, to coerce a seceding State, but thatyouwere bound by your constitutional oath, and would defend the property of tho United States within the borders of South Carolina, if an attempt was made to take it by force. Seeing very early that this question of property was a difficult and delicate one, you manifested a desire to settle it without collision. "You did not rci^iforce the garrisons in the FIRST SESSION. 403 • harbor of Charleston. You reinoved a distinguished and veteran offi- cer from the command of Fort Moultrie, because he attempted to in- crease 4iis supply of ammunition. You refused to send additional troops to the same garrison when applied for by the officer appointed to succeed him. You accepted the rcsitrnation of the.olde'^t and most efficient member of your Cabinet, rather than allow these garrisons to be strengthened. You compelled an officer stationed at Fort Sumter to return inin cdiately to the Arsenal forty muskets which he had taken to arm his men. You expressed not to one, but to many, of the most distinguished of our public characters, whose testimony will be placed upon the record whenever it is necessary, your anxiety for a peaceful ter- mination of tills controversy, and your willingness not to disturb the mili- tary status of the forts, if Commissioners should be sent to the Gov- ernment, whose communications j^ou promised to submit to Congress. You received and acted on assurances from the highest official authori- ties of South Carolina, that no attempt would be made to disturb your possession of the forts and property of the United States, if you would not disturb their existing condition until Commissioners had bee« sent, and the attempt to negotiate had failed. You took from the members- of the House of Representatives, a written memorandum that no such attempt should be made, " provided that no reinforcements shall be sent into those forts, and their relative military status shall remain as at present." And, although you attach no force to the acceptance of such a paper although .you " considered it as nothing more in efi'ect than the promise of highly honorable gentlemen," as an obligation on one side, without corresponding obligatioin on the other, it must be re- membered (if we are rightly informed) that you were pledged, if you ever did send reinforcements, to return it to those from whom you had received it before you executed your resolution. You sent orders to your officers, commanding them strictly to foll;w a line of conduct iu conformity with such an understanding. Beside all this, you had received formal and official notice from the Governor of South Carolina, that we had been appointed Commission- ers, and were on our way to Washington.. You knew the implied con- dition under wliich we came; our arrival was notified to you, and an hour appointed for an interview. We arrived in Washington on Wed- nesday, at three o'clock, and you appointed an interview with us at one the next day. Early on that day, Thun-^day, the news was received here of the movement of Major Anderson. Tliat news was communi- cated to you immediately, and you postponed our meeting until half- 494 APPENDIX TO THE past tWQ o'clock, on Fridny, in order that you might consult your Cabinet. On Friday we saw you, and we callod upon you then to redeem your pledge. You could not deny it. Witu the facts we have stated, and in the face of the crowning and conclusive fact, that your Secre- tary of Warhad resigned his seat in the Cabinet, upon the publicly avowed ground that the action of Major Anderson had violated tho pledged faith of the Government, and that unless the pledge was in- stantly redeemed, he was dishonored; denial was impossible; you did not deny it. You do not! deny it now, but you seek to escape from its obligation on two grounds: 1st, That we terminated all negotiation by demanding, as a preliniinary, the withdrawal of the United States troops from the harbor of Charleston; and 2-d, That the authorities of South Carolina, instead of asking explanation, and giving you the op- portunity to vindicate yourself, took possession of other property of the United States. We will examine both. In the first place, we deny positively, that we have ever, in any way, made any such demand. Our letter is in your possession; it will stand by this on the record. In it, we inform you of the objects of our mission. We say tliat it would have been our duty to have assured you of our readiness to commence negotiations with the most earnest and anxious desire to settle all questions between, us amicably, and to our mutual advantage^ but that events had rendered that assurance im- possible. We stated the-events, and we said that, until some satisfac- tory explanation of these events was given us, we could not proceed, and then, having^ made this request for explanation, we added, '* and, in conclu^on, we would urge upon you the immediate withdrawal of the troops trom the harbor of Charleston. Under present circumstances they are a standing menace, which renders negotiation impossible," &c. " Under present circumstances I " What circumstances? Why, clearly, the occupation of Fort Sumter, and the dismantling of Fort Moultrie by Major Anderson, in the face of your pledges, and without explanation or practical disavowal. And there is nothing in the letter which would or could iiave prevented you from declining to withdraw the troops, and offering the restoration of the status to which you were pledged, if such had been your desire. It would have been wiser and better, in our opinion, to have withdrawn the troops, and this opinion we urged upon you, but we demamled nothing but such an ex- planation of the events of the last twenty four hours as would restore our confidence in the spirit with which the negotiation should be con- ducted. In relation to this withdrawal of the troops from the harbor. FIRST SESSION. 495 we are compelled, however, to notice one passage of your letter. Re- ferring to it, you say : "This I cannot do. This I will not do. Such an idea was never thought of by yie in any possible contingency. No allusion to it had ever been made in any communication between myself and any human being." In reply to this statement we are compelled to say, that your, con- versation with us left upon our minds the distinct impression that you did seriously contemplate the withdrawal of the troops from Charleston harbor. And, in support of this impression, we would add thjft we have the positive assurance of gentlemen of the highest possible public reputation, and the most unsullied integrity — men whose name and fame, secured by long service and patriotic achievement, place their testimony beyond cavil — that such suggestions had been made to, and urged upon you by them, and had formed the subject of more than one earnest discussion with you. And it was this knowledge that induced us to urge upon you a policy which had to recommend it its own wisdom and the weight of such authority. As to the second point, . that the authorities of South Carolina, instead of asking explanations, and giving 3'ou the opportunity to vindicate yourself, took possession of other property of the United States, we would observe: 1st, That, even if this were so, it does not avail you for defence, for the oppor- tunity for decision was afforded you before these facts occurred. We arrived in Washington on Wednesday. The news from Major Ander- son reached here early on Thursday, and was immediately communi- cated to you. All that day, men of the highest consideration — men who had striven successfully to lift you to your great office — who had been your tried and true friends through the troubles of your adminis- tration — sought you, and entreated you to act — to act at once. They told you that every hour complicated your position. They only asked you to give the assurance that, if the facts were so — that, if the Com- mander had acted without, and against your orders, and in'violation of your pledges, that you would restore the stains you had pledged your hcrtior to maintain. You refused to decide. Your Secretary of War — your immediate and proper adviser in this whole matter — waited anxiously for your decision, until he felt that delay Vas becoming dishonor. More than twelve hour.<* passed, and two Cabinet meetings had adjourned before you knew what the authorities of South Carolina had done, and your prompt decision at any moment of that time, would have avoided the subsequent complications. But if you had known the acta of tho 496 APPEiNDIX TO TUE .authorities of South Carolina, should that have prevented your keeping your faith ? What was the condition of tliinirs ? For the last sixty days, you have had iu Charleston harhor, not force enough to hold the forts against an equal enemy. Two of them were empty ; one of those two, the most important in the harhur. It could have been taken at any time. You ought to know better than any man, that it would have been taken, but for the efforts of those who put their trust in your honor. iJelieving that they were threatened by Fort Suiijicr especially, the people were, with difficulty, restrained from securing, without blood, the possession of this important fortress. After many and reiterated assurances given on your behalf, which we cannot believe unauthorized, they determitjed to forbear, and in goud faith sent on their Commis- sioners to negotiate with you. Tiicy iiu ant you no harm ; wished you »o ill. They thought of you kindly, believed you true, and were will- ing, as far as was couhistent with duty, to spare you unnecessary and hostile collision. Scarcely had their Commissioners left, than Major Anderson waged war. No other words will describe his action. It was not a peaceful change froin one fort to another; it was a hostile act in the highest sense — one only justified in the presence -of a superior enemy, and in injinineut peril. He abandoned his position, spiked his guns, burned hi^ gun-carriages, made preparations for the destruction of his post, and withdrew, under 'cover of the night, to a safer position. This was war. No man could have believed (without your assurance) that any officer could have taken such a step, " not only without orders, but against orders." What the State did, was in simple solf-defence ; for this act, with all its attending circumstances, was as much war as firing a volley; and war being thus begun, until those commencing it explained their action, and disavowed their inten- tion, there was no room for delay; and, even at this moment; while we are writing, it is more than probable, from the tenor of your Jetter, that reinforcements are hurrying on to tlio conflict, so that when the first gun shall be Cred, there will have been, on your part, one continuous consistent series of actions commencing in a demonstration essentia41y warlike, supported by regular reinforcement, and terminating iu defeat or victory. And all this without the slightest provocation; for, among the many things which you have said, there is one thing you cannot say — you have waited anxiously for news from the seatof war, in hopes that delay wonld furnish some excuse for this precipitation. But this " tangible evidence of a design to proceed to u hostile act, on the part of the authorities of South Carolina," (which is the only justificutiou of FIRST SESSION. 497 Major Anderson,) you are forced to admit " has not yet been alleged." But you have decided. You have resolved to hold by force what you have obtained through our misplaced confidence, and by refusing to disavow the action -of Major Anderson, have converted his violation of orders into a legitimate act of your Executive authority. lie the issue what it may, of this we are assured, that if Fort Moultrie has been re- corded in history as a memorial of Carolina gallantry, Fort Sumter will live upon the succeeding page as an imperishable testimony.of Caroliija faith. By your course, you have probably rendered civil war inevitable. Be it so. If you choose to force this issue upon us, the State of South Carolina will accept it, and relying upon liim who is the God of justice as well as the God of hosts, will endeavor to perform the great duty which lies before her, hopefully, bravely and thoroughly. Our mission being one f«r negotiation and peace, and your note leav- ing U3 without hope of a withdrawal of the troops from Fort Sumter, or of the restoration of tjje slatus quo existing at the time of our arrival, and intimating, as we think, your determination to reinforce the gar- rison in the harbor of Charleston, we respectfully inform you that we propose returning to Charleston on to-morrow afternoon. We have the honor to be sir, very respectfully, Yt)ur obedient servants, R. W. BARN^yELL, J. H. ADAMS, JAMES L. ORR, Commissioners. To his Excellency the President of tlie United States. The last commuDication is endorsed as follows : Executive Mansion, 3i o'clock, AVednesday. This paper, just presented to the President, is of such a character tliat he declines to receive it. ea 498 APPENDIX TO THE S T A T 1^: M 10 N T , Of Messrs. Miles and Keitt, of what transpired between the president and the south Carolina Delegation. In compliance with the request of the Convention, we beg leave to make the following statement: On Saturday, the '8th of December, several of the South Carolina delegation, including ourselves, waited upon the President. At this time, there was a growing belief that reinforcements were on the eve of being sent to the forts in Charleston harbor. It was known that the subject was frequently and earnestly discussed in the Cabinet. It was rumored that General Cass and Mr. Holt were urgent that rein- forcements should be sent. Upon our being announced, the President, who was then in Cabinet Council, came out to us in the ante-room- We at once entered into a conversation upon the topic which was so closely occupying his thoughts as well as ours. The President seemed much disturbed and moved. He told us that he had had a painful in- terview with the wife of Major Anderson, who had come on from r^ew York to see him. She had manifested great aflxiety and distress at the situation of her husband, whom she seemed to consider in momen- tary danger of an attack from an excited and lawless mob. The Presi- dent professed to feel a deep responsibility resting upon hira to protect the lives of Major Anderson and his coiuinand. We told hiui that the news that reinforcements were on their way to Charleston, would bo the .surest means of provoking what Mrs. Anderson apprehended, and what he So much deprecated. We said, further, that we did not be- lieve that Major Anderson was in any danger of such an attack ; that the general sentiment of the State was against any such proceeding, That, prior to the action of the State Convention, then only ten days off, we felt satisfied that there would be no attempt to molest the forts in any way. That, after the Convention met — while we could not pos- sibly undertake to say what that body would see Ct to do — we yet hoped and believed that nothing would be done until we had first en- deavored, by duly accredited Commissioners, to negotiate for a peaceful FIRST SESSION. 499 settlement of all matters, including the delivery of the forts, between South Carolina and the Federal Government. At the same time, we again reiterated our solemn belief that any change in the then existing condition of things in Charleston harbor, would, in the excited state of feeling at home, inevitably precipitate a collision. The impression made upon us was, that the President was wavering, and had not'de- cided what course he would pursue. lie said he was glad to have had this conversation with us, but would prefer that we should give him a written memorandum of the substance of what we had said. This we did on Monday, the 10th. It was in these words : To his Excellency JamEs Buchanan, President of the United States : In compliance with our statement to you yesterday, we now express to you our strong convictions that neither the constituted authorities, nor any body of the people of the State of South Carolina, will either attack or molest the United States forts in the harbor of Charleston, previously to the action of the Convention, and we hope and believe not until an offer has been made, through an accredited representative, to negotiate for an amicable arrangement of all matters between the State and the Federal Governmen-t, provided that no reinforcements shall be sent into those forts, and their relative military status shall remain as at present. JOHN McQueen, WM. PORCIIER MILES, M. L. BONHAM, W. W. BOYCE, LAWRENCE M. KEITT. Washington, 9th December, 18G0. The President did not like the word " provided," because it looked as if we were binding him while avowing that we had no authority to commit the Convention. We told him that we did not so understand it. We were expressing our convictions and belief, predicated upon the maintenance of a certain condition of things, which maintenance was absolutely and entirely in his power. If he maintained such con- dition, then we believed that collision would be avoided until the at- tempt at a peaceable negotiation had failed. If he did not, then we Bolem^nly assured him that we believed that collision must inevitably, and at once, be precipitated. lie seemed satisfied, and said it was not- bia intention to send reinforcements, or make any change. We ex- 500 APPENDIX TO THE • plained to him what we meant bj the words " relative military status," as applied to the forts ; luentioucd the difference between Major An- derson's occupying his then position at FoH Moultrie, and throwing himself into Fort Sumter. We stated that the latter step would be equivalent to reinforcing the garrison, and would just as certainly as the sending of fresh troops, lead to the result which we both desired to avoid. When we rose to go, the President said in substance, "After all, this is a matter of honor among gcutlciuau. I do not know that any paper or writing is necessary. We understand each other." One of the delegation, just before leaving the room, remarked : " Mr. Prcfcident, you have determined to let things remain as they are, and not to send reinforcements ; but, suppose that you were hereafter to change your policy for an}' reason, what then ? That would put us, who are willing to use our personal influence to prevent any attack upon the forts before Commissioners are sent on to Washington, in rather an embarrassing position." " Then," said the Prej-ident, " I would first return you this paper." We do not pretend to give the exact words on either side, but we are sure we give the sense of both. The above is a full and exact account of what passed between the President and the delegation. The President, in his letter to our Commissioners, tries to give the impresssion that our "understanding" or J' agreement" was not a "pledge." We confess we are not suf- ficiently versed in the wiles of diplomacy to feel the force of this " dis- tinction without a difference." Nor can we understand how, in " a matter of honor among gentlemen," in which " no paper or writing is necessary," the very party who was w'illing to put* it on that high footing can honorably descend to mere verbal criticism, to purge him- self of what all gentlemen and men of honor must eopsider a breach of faith. The very fact that we (the Representatives from South Carolina) were not authorized to commit or "pledge" the State, were not trealitig with the President as accredited ministers, with full powers, but as gentlemen, assuming, to a certain extent, the delicate t;isk of undertaking to foreshadow the course and policy of the State, should have made the President the more ready to strengthen our hands to bring about and carry out that course and policy which ho profcs.sed to have as much at heart as wc had. While we were not authorized to say. tliat the Convention would not order the occupation of the forts immediately after secession, and prror to the sending on of Comiiiissioners, the President, as Commander-in-chief of the Army aud Navy of the United States, could most positively say, that.sg long FIRST SESSION. ^ 501 as South Carolina abstained from attacking and seizing the forts, he would not send_reinforceiuents to them, or allow their relative military status to be changed. We were acting in the capacity of gentlemen holding certain prominent positions, and anxious to exert such influ- ence as we might possess to eflPect a peaceful solution of pending politi- cal difficulties, and prevent, if possible, the horrors of war. The President was acting in a double capacity; not only as a gentleman, whose influence in carrying out his share of the understanding, or agreement, was potential, but as the head of the army, and, therefore, having the absolute control of the whole matter of reinforcing or trans- ferring the garrison at Charleston. But we have dwelt lung enough upon this point. Suffice it to say, that considering the President gis bound in honor, if not by treaty stipulations, not to make any change in the forts, or to send reinforcements to them, unles>*they were attacked; we of the delegation who were elected to the Conveiitioti, felt equally boun'd in honor to do every thing on our part to prevent any prema- ture collision. This Convention can bear us witness as to whether or not we endeavored honorably to carry out our share of the agreement. The published debates at the very commencement of the session, contain the evidence of our good faith. We trusted the President. We believed his wishes concurred with his policy, and that both were directed to avoiding any inauguration of hostilities. We were con- firmed in our confidence, and reassured in our belief by a significant event which took place subsequent to our interview. lie allowed his • premier Cabinet oflScer, an old and tried friend, to resign, rather than yield to his solicitations for the reinforcement of the garrison at Charles- ton. We urged this as a convincing proof of his firmness and sincerity. But how have we been deceived! The' news of Major Audcrson's corip produced a sudden and unexpected change in the President's policy. ' While declaring that his withdrawal from Fort Moultrie to Fort Sumter was " without orders, and contrary to orders," he yet refused, for twelve hours, to take any action in the matter. For twelve hours, therefore, without any excuse, he refused to redeem his plighted word. No subsequent acts on the part of our State — no after reasons — can wipe away the stain which he sufl^cred to rest upttn his "honor as a gentleman," while those ho«rs, big with portentous events, rolled slowly by. His Secretary of War, impatient of a delay, every moment of which he felt touched his own honor, resigned. He did so solely on the ground that the faith of the Gov- eiumcnt — soletnnly pledged — was broken, if it failed promptly to undo 502 APPENDIX TO THE what had been done contmry to ita wishes — against ita Milled policy — and in violation of its distinct agrecmonL The President accepted his rcsifrnation without comment. Ho did not attempt to disabuse the mind uf his Secretary as to what was the true position of the Govern- ment. What a spectacle docs the President's vacillatinj: and disince- nuou.s course present I He allows one Secretary to resign rather than abandon a policy which he has agreed upon. Scarcely have a few short weeks elapsed, and he accepts the resicrnation of another, rather than adhere to that very policy. He makes an airreoment with •rentlemen whiion of protracted war, then, of course, it would require many more. If the Confederate Government would receive this enlisted force with their officers, then they might consti- tute, for their term of service, the permanent garrison force on the sea- coast of South Carolina. We h!ipj)eued to bo the pioneer State in the great movements that have taken place in the last three mouths, and this force was suddenly raised under circumstancesrequiriug the steru- e.^-t character. 'J'hcy have served faithfully, and their General has beeu a brave and meritorious officer in the I'aluatto licgiment through the Mexican war, and of great cxporicnce as Adjutant and Inspector Gen- eral, appointed by the Legislature for many years. The other field oiiiecrs and captains, with but a single exception, have also cither served through the same war, or been graduates of West Point, and officers in the United States Army. It may then be said, as far as offi- cers aic concerned, to be as efficient a force for the number as can bo obtained. 1, therel'orc, u'.o00 waa 512 APPENDIX TO THE expended by the Ordnance Board. This includes what has been ex- pended for ordnance and uiunitions of all kinds. As to all expenses incurred since the 20th December last, the day on which South Caro- lina seceded from the old Confederacy, I take it for granted the Gov- ernment of the Confederate States will become responsible to us for the amount, as it was incurred in defence of a common cause, and particu- larly as the Confederate Government expressly assumed jurisdiction of all questions between us and any other Governments relating to defences and military operations. It will be perceived that, through a communication from the Secre- tary of War at JNIontgomery, I was particularly requested to turn over all arms and munitions received from the Arsenal of the United States in this city, and also all other arms I might think proper. I suppose the ordnance and arms the State owned itself, which were purchased in 1850 and 1851, might with great propriety be retained by the State now ; as also some small arms in the late United States Arsenal, essen- tial to arm our volunteer force if called into service, ought to be retained ; but all ordnance and munitions of war procured and purchased recently, might be very appropriately turned over to the Confederate Govern- ment ; and I most respectfully call the attention of the Convention to this subject, as connected with any arrangement they might make in reference to the transfer of our regular forces to the Confederate States. I herewith transmit the Ordinances and Resolutions of the different States that have seceded, and would call attention to the obvious pro- priety of providing for them, together with our own Ordinance on the same subject, some suitable place of safe deposit. They are the sim- ple, but authentic records of events well calculated to produce a pro- found impression upon the future destiny of our country. Heretofore in the history of the world, the great struggle has been to secure tlie personal rights of individuals. In former times, the power of government absorbed all individual or personal rights of citi- zens. But our English ancestors by their sturdy virtues, engrafted, at different periods, such grants and restrictions upon the British Constitu- tion, as effectually secured personal rights, and as far as that branch of liberty is involved, they made it as perfect as in any other country. To secure the political rights of separate and independent commu- nities, required a higher and broader range of political experience. The guarantees for personal rights in England was a great advance over the old feudal system of Europe; and it was then left to the sepa- ' SECOND SESSION. 513 rate States of America to develop a higher experience over a larger extent of territory, in those guarantees neccssarj to secure the local rights of separate and independent communities, united under one common government. The old Constitution was intended to eifect 'this advance in the science of government, and if it had been properly administered, would have contined to develop the mighty resources and power of a wonderful people. But, under the combination of ambition with fanaticism, they attempted to organize the great masses of the people, so as to act together in a consolidated majority, and administer the common government without regard to the sacred guarantees by which the local rights and interests of separate communities should be pre- served under the absolute control of their separate governments. This, of course, reversed the whole philosophy of our peculiar system, and if permitted to become successful, would liave given us no advance over the European system of government. In fact, it would have placed us behind them in progress, for many of their most enlightened and powerful governments asserted the doctrine and acted upon it, that governments and dynasties can be changed by popular sovereigrfty expressed through universal suffrage, in independent communities j and they avow this as a substitute for the old_ theory of divine and hereditary right. Under our old articles of confederation the government had failed, and the Constitution of the United States grew out of the force of circumstances, and was adopted in order to secure, at that period, a more perfect union to enable us to resist foreign aggression. We have outgrown that state of things, and the danger lately was not from foieign aggression, but from internal corruption, and from an assump- tion in parts and majorities, of absolute government over other parts, without refence to the limitations and reservations of the compact. Thus, that Constitution ran its career and fulfilled its destiny, under the perverted and vitiated idea that we were a consolidated people. Under prejudices fostered by designing men, and under the worst pas- sions inflamed by bad men, an absolute majority was created, who assumed that their will must necessarily be the government, instead of the fixed principles of the Constitution, which were intended to guard the local rights and interests of the separate and independent commu- nities which composed the Confederacy of States. Our t^tate, true to the great principles upon which the Confederacy was formed, and irue to those great and progressive ideas which were Go 514 APPENDIX TO THE 80 identified with American Independence, was forced to resume her original powers of government; and if she succeeds in engrafting the fundamental right of a separate and independent State to with- draw from any Confederacy that may be formed, whenever her people, in sovereign convention assembled, shall so decide, then she will have made another advance in the science of government, and added another guarantee to the great principle of civil liberty. And if this princi- ple could be secured without an appeal to arms and blood, it would show that the country has progressed in civilization and intclligonce, so far as to be able to settle all controversies and issues involving politi- caF rights by an appeal to reason, to interest, to free discnssion, to con- ventions, to treaties and covenants, rather than by an appeal to brutal force. True, we have encountered misrepresentation and abuse, and for a people so small in numbers as we are, to make such an issue as we did, was full of danger and difficulty. But no people are fit to be free unless they are able to treat denun- ciation witli indifference and to meet danger with fortitude. From peculiar circumstances, South Carolina was called on to take the first step in this march to independence. She had to encounter the first shock in the bitterness and fierce passions of our opponents. Those who had mastered the power of the Government, and were fondly gazin^j on the rich and ripe fruit supposed to be just within their gra.sp, naturally exasperated in disappointment, caused by this State interposing to arrest them in their lawless career of mad ambition and wild fanaticism. For a period we were surrounded with great dif- ficulties, and threatened withdanger that appeared imminent. As far as the Executive is concerned, I always considered that the peculiar mission of thi."^ State was, by a firm and temperate course, to lay the foundation of a new Confederacy of States, homogeneous in feeling and interest, with such institutions and domestic civilization as would unite them in one common destiny, with a government devoted to their peace and safety, and with no interest to produce the slightest aggression upon other people; but deeply interested to develop those productions that are so largely demanded in the peaceful pursuits of mankind, and entering so largely into the comforts and progressive civilization of the world. When this State first withdrew from the Federal Union, I felt that we bore, on one side, critical relations to the Confederacy we had -left, and also very delicate and peculiar relations to those slave States who SECOND SESSION. 515 constituted the border of the Southern States, and we had still higher and more sacred duties and relations toward our sister States of the South, who were expected nobly to come to our side in the formation of a new Confederacy- All these relations made our course quite complicated, and full of deep obligations. In administering the duties of the Executive office, I can truly say that I never, for one moment, lofet sight of the relations our State bore to all, and it has ever been my endeavor, while sustain- ing her separate lights and independence, never to do anything that might show indifierence to any of the great complicated interests and relations with which she was surrounded.. When your illustrious body adjourned, [you saw the State standing alone, surrounded with peril, and clouds resting upon the future. I'n- der the kind dispensations of a superintending [Providence, I am now able to present her to you under a brighter day, surrounded by sister States rich in their resources, with their brave and patriotic sons stand- ing as a guard in the portals of a new temple, reared by our common councils, and dedicated to the separate wvere'ujnlif of fite and inde- pendent Staffs. F. W. PICKENS. )1C APPENDIX TO THE REPORT OF THE SECRETARY OF STATE. State of South Carolina, Executive Office, Department of State, Charleston, 24th March, 1861. Sir : In obedience to a resolution of the Executive Council, I beg respectfully to report to you such matters transacted in the department of the Executive Council uuder my charge, as may 'be of interest to the Convention. The printed series of Executive Documents which accompany this report, will fully and sufficiently explain the circumstances wiiich in- duced them. To these, no more particular reference is necessary, than such as it may be proper to uiake in explanation of the mission committed to the Hon. I. "\V. Hayne. The real purpose of that mis- sion was to determine with precision the precise position occupied by the Government of the United States to the State of South Carolina. The repulse of the " Star of the West" changed, or rather defined more sharply, the former relations of the State; and the communication of the commander of Fort Sumter required that ike power to execute a purpose like that threatened by him, should not be within the control of any one longer than was necessary to accomplish its overthrow. To demand the surrender of the Fort therefor«, became a duty ; and if a duty, to transfer the demand to the (jiovcrnment by which only the transfer could be ordered, was manifestly proper. In the prosecution of the demand, it was regarded as fortunate that circumstances not invited by the State, but yet commandiug its respectful attention, should have intervened ; and that these should have led to the exposure of the pretended grounds, upon wliich the maintenance of Fort Sumter was rested by the Government of the United States; and, at the same time, in a just deference to the wishes of sister States, have incident- ally iuvolved a delay of great consequence to the State in the prepara- tion of its defences. Among the papers of this Department which are not published, but which may be of interest, are the despatches conimmiicated to the Commissioners of the State to the several States, then about to secede. These despatches show the interest taken iu the welfare of that State SECOND SESSION. 517 supposed to be the mo?t defenceless. The Comiflissioner to Florida was requested to give to that State the assurance that its cause was re- garded by the other States with as much solicitude as their own ; and that iu anticipation of the Convention of the seceding States, a common necessity should induce a cotflmon obligation on these States to share with each other the means of defence, or the dangers of attack. The more full expression of these opinions will be found in the copies of despatches herewith enclosed. No occasion has arisen, in which it was considered necessary, during the separate condition of the State, to require distinctly from tho representative of any Foreign Power the recognition of its political in- dependence, except in the case of the appointment of a successor to the Spanish Consul, at this port. The communication then addressed to Mr. Moncado, will show the course pursued in regard to such officials within the State. Upon the ascertainment of the fact, that the President of the United States had recognized a successor to Mr. Moncatlo, a letter was addressed to that gentleman, informing him that his successor would not be allowed to exercise his office within the limits of the State, unless he would present his credentials, and be recognized by the Governor of this State. The hope was expressed that the Consul who was then in office should be allowed to remain at this port. The letter was communicated ^y the Spanish Consul to the Spanish Minister at Washington. The successor who was recognized, has not, however, appeared. At this stage of the correspondence, the papers were transferred to the Department of State at Montgomery. The several documents, as directed by a resolution of the Convention, have been delivered to the representatives of Foreign Powers, at Washington. It was intended that a Special Commissioner should be sent to the principal Courts of Europe. But the meeting of the Con- vention of the seceding States at an early day, and other considerations, also, of a controlling character, led to the conclusion that, under the circumstances, it would be most expedient not to send any persons charged with that duty. Respectfully, your obedient servant, A. G. MAGKATH. for the Governnr. 518 APPENDIX TO TUE REPORT OF THE SECRETARY OF WAR. Executive Office, DefartmV.nt of War, Charleston, S. C, 3Iarch 25tli, 18G1. To ITis Excellency Governor Pickens: Sir: In compliance, with a resolution of the Exccutfvc Council, re(iuiring the several heads of Departments to make a report to. your Excellency of such matters as may be necessary to giv'e information of the present condition of the State, and of the policy and acts of each of the Executive Departments, since the adjournment of the Conven- tion, I have the honor to lay before you a brief summary of what has been done in the Department with which I have been entrusted. At the rising of the C^ivention, on the 5th of January last, the important and almost exclusive subject which engaged our attention was the occupation, by a hostile force, of an almost impregnable fortress , within our harbor, and the chief difficulty witii which we had to con- tend, arose from the extreme want of every offensive preparation for the reduction of the fort, or for preventing the entrance of reinforce- ments within our waters. The great want was the very insufficient t-upply of ammunition and imploments for guns of heavy calibre. Of cannon powder, 27,000 lbs. only were in the possession of the State, and of this a considerable quantity had been sent to the batteries erected to defend the entrances to the harbors of Georgetown and Beaufurt,*which left less than 2U,000 lbs. "near this city, or not more than sufficient to have kept upa fire for three hours on the day when the " Star of the West" approached within our bar. Of shot and shell the supply was in the same meagre proportion, except of 24- pounder shot, which had been left at Fort Moultrie when that fort was evacuated by the troops of the United States. Added to thi^, the guns which had been spiked, and the gun carriages burnt, at Fort Moultrie, had not been replaced j not a battery had been erected which bore on Fort Sumter, and the approaches to the harbor were only defended by the uninjured guns at Fort Moultrie and three 24- pounder guns, mounted en barbette, on a hastily constructed and im- perfect earth work, on Blorris* Island. SECOND SESSION. 519 Since the time mentioned, the supply of cannon powder has been increased to 240,450 lbs.,* with 40,0U0 lbs. oF musket, nnd 46,900 lbs.' of virie powder. Besides this, a large quantity of ordnance stores, as shells, balls, friction tubes, percussion caps, lead, cartridge paper, cartridge bags, artillery, infantry and rifle equipments, have been purchased, and they are now on hand or in the course of construction and manufacture, through the indefatigable labors ofthe Board of Ord- nance. During the same period, three 9-inch Dahlgren guns and seven 10-incb mortars have been purchased, together witli. six hundred and fifty Enfield rifles and five hundred Colt's navy revolvers. The corps of Engineers have been likewise unremittingly employed in the construction %f works for the reduction of Fort Sumter, and the defence of the entrances to the harbor. At Fort Moultrie, on Sulli- van's fsland, the injured guns have been replaced, and all, amounting to thirty-eight in number, of various calibres, have been protected by well constructed merlons; the magazine has been made bomb-proof, and otiier works have been erected for the security ofthe garrison. To the east of FortMoultrie, on the same Island, the entrance to Mafiit's chancel has been defended by a battery of one 8-inch howitzer, two o2-pouiiders, and two 24-poundors. " Between that battery and Fort JMouItrie there Is a mixed battery of three 10-inch mortars and two 82-pouqdor3. West of Fort Moultrie, at about fwo hundred yards distance from the fort, a battery of two 10-inch mortars has been erected;. and an enfilade battery of two 32 and two 24-pounders has been erected at a point of Sullivan's island nearest to Forr Sumter. Be.«Jdcs these on Sullivan's Island, there are two 12-pounder guns and a full field-battery of artillery at Breach inlet, at the extreme eastern point of the Island. On Morris' Island, at Cuinmings' Point, a battery of four mortals has been erected. Near this, a battery of three 8-inch columbiads, covered with heavy timbers and railroad iron. At the termination of the parallel, or covered way, there is a mortar battery of two mortars. These all" bear on Fort Sumter. The channel is defended by a battery designated as battery G, of two 8-inch howitzers; by battery F, of two 8 inch howitzers and two 42-pounders; by battery E, of one 8-inch coluiubiad ; by battery D, of two 8-inch columbiads ; by battery C, of wo 24-pounder8; by battery B, of twa 24 pounders ; by "Star of the •Tliif drtos not include S.'i.onO lbs. of powder piircha«od at Richmond, as can- non powder, hilt which is of little use except for blasting purposM. 5i:0 APPENDIX TO THE Wefct" battery, of four 24-pouncler8 ; by sunken battery of two 9-inch Dahlpren guns; by a battery at Vinegar Hill, of two 24-pounders ; and by two 24-pounders and two I'i-pounders at Light House inlet. At Fort Johnson, on James' Island, there are two mortar batteries, of two 10-inch mortars in each, and one gun battery of one 24-pounder. At Fort Palmetto, on Cole's Inland, near the mouth of Stono river, there is a battery of two 24-pounders and two IS-pounders. At Battery Island, on Stono river, J.jur 24-pounders have bceu or- dered to be placed in battery. A mortar battery of three mortars is in the course of construction uear Mount Pleasant. A floating battery, strongly made, and cased in front with iron plates, has been constructed to breach the facade or Fort Sumter, to- wards James' Island. This battery bus been mounted with two 42 and two o2-pounders. iicsides the above-mentioned guns in position, there are thirty-nine guns of diiierent kinds and calibres, at the Citadel, most of which are not mountedj and there are four heavy 10-inch mortars just received, • and one 9inch Dahlgren gun expected momentarily from Richmond. To man the different batteries and fortifications mentioned, and to prevent the landing of a hostile force on Sullivan's and ^iorris' Island, the troops are distributed as follows: C)n Sullivan's Islands tly;re are thirteen hundred and ninety- four men, consisting of artillery, in- fantry and a detachment of dragoons, the whole under the oommand of Brigadier General Dunovant. On Morris Island, there arc thir- teen hundred and iifty-six men, consisting of artillery and ipf;\ntry, under the command of Col. Maxcy Gregg. At Fort Johnson there are one hundred enlisted men, under Capt. James; thirty-one enlisted men, under Lieut. Blanding, at Castle Pinckney,* and one hundred and forty-six men, composed of artillery and infantry, under Capt. Pope, at Fort Palmetto, making in all, three thousand and twenty-seven men ; which force has been placed under the command of Brigadier General Jieauregard, an oiiicer of the army ot the Confed- erate States of America. Under the resolution of the Convention, authorizing your Excellency " to receive into the service of the State, for a period not exceeding •These have been removed since the last report, in order to provide a tempo- rary station lor a number of recruits just enlisteif tor the uriiiy of llie Confederate Slates. SECOND SESSION. 521 six months, such Volunteer Companies as may tender their services," a Regiment, under the command of Col. Maxcy Gregpr, was promptly raised, which amounted at the date of the last Morning's Report, to one thousand and fifty-nine men, including officers. Under another resolution of the Convcnfion, authorizing your Ex- cellency to raise a regiment of enlii?tcd men, and an Act of the Legis- lature, amending A resolution of the Convention, '* creating a Military Estahlishment for the State of South Carolina and for other purposes," which authorizes the raising of a Regiment of Infantry, a Battalion of Artillery, and a Squadron of Cavalry, nine hundixjd and sixty men have been enlisted, and are now on duty, under the command of Briga- dier General R. G. M. Bunovant. By an Act of the Confederate States of America, entitled, an "Act to r.iise Provisional Forces for the Confederate States of America," it is provided that the President be authorized to receive into the service of that Government, such forces, now in the service of the States, as may be tendered, or who may voliinteer by consent of their State, by companies, battalions or regiments, for any time not less than one year, with power in the President of the Confederate States to appoint the officers above the rank of Colonel. As this Act of the Confederate States comes in conflict with certain laws of the State of South Caro- lina, and as it is probable that in any constitutional compact which this State may enter into with other States, the maintenance of troops, in time of peace, will be prohibited, I would suggest to your Excellency the propriety of recommending to the Convention such modifications of our laws on the subject, as may relieve it of its present embarrassments. Under " An Act to provide an Armed JMilitary Force," nine Regi- ments of infantry have been received and organized into four Brigades and one Division. This formation does not include two Regiments now in the process of organization, or the troops of the City of Charles- ton. The country troops already organised have been very impatient under the restraints necessary to keep them in reserve for a period of greater trial to the State, if that should unhappily occur ; but it has hithcrt^i been thought advisable not to muster them into service, as no one could anticipate what line of military operations it would be expe- dient to adopt, or where, or in what manner, our enemies might attack us, and as the number of troops neces.'-ary for the exigencies of the service were supplied by the patriotic devotion of the militia of Charleston, with the addition of a spirited corps of artillery from Co- lumbia j the order ta call the others down to this point has been sus- UG '522 APPENDIX TO THE pended from time to time, in almost daily expectation that the state of armed preparation would cease, or that a larger force would become necessary. The financial objection was also not without weight, as the Legii^laturc has not been profuse in its estimates for the number of men even now in the field, and* the call for the volunteers for twelve months would entail a very considerable additional expense to the State, as well as occasion great sacrifices to the individual members composing the country troops. Tlie Departments of the Quartermaster General and of the Commis- sary General, those common sources of complaint in an army, have been satisfactorily conducted by the active and competent officers at the head of those Departments. The duties of the Quartermaster General have been largely increased by the frequent and unusual calls upon his De- partment from the varied nature of the operations carried on for several months; and the expenses have been necessarily large, from the moans employed for transporting troops, provisions and materials to the differ- ent posts in and near the harbor of Cluirloston. I am gratified to be able to state, on the authority of the Commissary General, that nutwith- etanding the comparative high prices of provisions, occasioned by the unusual demand, the cost of a ration has been, so far, below ninet^^en cents. The arrangements of the Department of the Surgeon General have been equally satisfactory; and it gives mo much satisfaction to report that the health of the troops has been excellent. I am unwilling to close this report without making more particular mention of the spirit and efficiency of the troops now in the service of the State. I have never seen a better class of recruits than those re- cently enlisted into our service; and under the training of their very competent and diligent officers, they, especially the first enlisted, have beconie well drilled and steady soldiers. It was very gratifying to witness tlie alacrity with which the volun- teers for six months answered the call of the Convention for their services, and .thereby fully entitled themselves to the appellation of " Minute Men," under which name they had organized themselves. Since they have been mustered into service they have shown the utmost patience of discipline; and wlietlur at the drill, or in the trenches, they have come fully up to every ro(|uiremeiit of a citizen soldier of South Carolina. These companies, drawn suddenly from the interior of the State, are composed of the best material in tlicif rcspec- SECOND SESSION. 523 tive districts; and I venture the assertion, that a more efficient or superior regiment has seldom been assembled under one standard. Of the militia of the City of Charleston, and of the Company of Artillery from Columbia, I cannot speak too highly. It is a constant source of pride and pleasure to witness their prompt'obedience to every command, their willing performance of every duty, however unsuited to their previous modes of life, and the ready sacrifice of their private interests to the higher call of duty to their State; and it would appear that there was a generous emulation amongst them who could endure such sacrifices and privations the longest without a murmur. The same patriotic feeling of self-abnegation has been exhibited by the citizens of Charleston not on duty, many of whom, engaged in busi- ness involving large risks, have endured for months the loss of service of their employees, whose wages they have continued, but wno cheerfully acquiesce in the sacrifice of their means, with the reflection that their first duty is to the country. I have had many opportunities of being assured, during my present situation, that the same feeling of disinter- ested patriotism is not confined to this city, but extends equally to every portion of the State. I am, sir, with great respect. Your obedient servant, D. F. JAMISON. 524 APPENDIX TO THE REPORT OF THE SECRETARY OF THE TREASURY. Executive Office, Department of the Treasury, Charleston, March 25th, 1861. To HIS Excellency F. W. Pickkns: Dear Sir : In compliance with jour direction, that a brief siiin- Tnary of the transactions of this Dopartuicut should be furnished for the information of the Convention, 1 beg leave to submit the fullowiug statement : Immediately after the Act of Secession, tlia Lejjislature provided for the exigencies of the State by authorizing a loan of-S400,00U, bearing an interest of six per cent. Of tliis sum, §150,000 was appropriated to the Ordnance Bureau, and 8250,000 to the military defence of the State.. The Ranks of the State promptly took up this loan at par, and thus afforded an immediate supply to the Treasury. The patriotic disiuter- e. G,4ol 00 SECOND SESSION. 527 For Coast Police and Naval Service 44,853 00 Recruiting Service 13,935 00—^444,817 00 ■ By a communication from the Board of Ordnance to his Excellency the Governor, it appears that that Board has expended 3195,500 in the purchase of ordnance, arms, equipments and munitions of war. This exceeds the sum of §150,000, which was appropriated by the Legislature to the Ordnance Bureau ; but the expenditures being neces- sary for the " Military defence of the State," will constitute a charge on the appropriation for that purpose, which this department must defray. I am, with great respect, • • * Your obedient servant, • EDWARD FROST, Secretary of the Treasury. 528 APPENDIX TO THE REPORT OF THE SECRETARY OF THE INTERIOR. State of Soutu Carolina, Executive Department, Office op the Interior, Charleston, March 26th, IBGl. To nis Excellency Governor Pickens : Sir : In obedience to a resolution of the Coun(;il, I submit tlic fol- lowins: Report from the Department which was assigned to me in the distribution of the Executive labors. As to matters fallinp; within the Department of the Interior proper, it is hardly necessary for me to say anything, nothing having occurred in relation thereto which deserves special notice. The most important matters connected with this Department, and to which its chief attention has been directed, have been the Sea Coast Police, and the Sea Coast Defences of the State. At an early day after your Excellency assumed the duties of the Executive, Colonel Gwynn was ordered by your .Excellency to make a reconnoissance of the sea-coast of South Carolina, and select such points as, in his judg- ment, should be fortified for the purpose of defending our territory against marauding parties, who might come into our waters in small craft, to commit depredations upon the projiferty of our citizens. The defence of our lung line of sea-coa.st against an enemy en force was not contemplated. To render such defences effectual, would require means- beyond the resources of the State. The general character of our sea- coast is such, that it presents few obstacles to the landing of troops, at almost any point, in small boats. Its whole lino is intersected by nu- merous inlets and creeks, of easy access to small craft. Resides, there are many deep and bold rivers into which vessels of large draft may safely enter. While, therefore, our sea-coast would be much exposed to the ravages of an enemy, the difficulty of guarding effectually its whole lino with fortifications is insurmountable. The object liad in view was to erect works, principally of earth, to guard tho.se entrances whic"b were most accessible, and which could be most easily defended, iiot against an enemy enforce^ but against marauding parties, who, it was supposed might, in the event of hostilities between the two sec- SECOND SESSION. 529 tions, descend upon our coast in vessels of light draft to commit acts of depredation and violence. A reconnoissance of the coast, from the mouth of Little river, near the North Carolina, to Callibogue Sound, near the mouth of the Sa- vannah river, has been made by the Engineers in charge; and at many of the points indicated, redoubts and other works have been erected. ]\Iany of these works have been completed, and others were in pro- gress, when the Government at Montgomery assumed the charge of our military operations and defences. With the exception of the fortifica- tions commanding the entrance into Winyaw Bay, none of them have been garrisoned. These works were the first that were completed, and, under the energetic supervision of Colonel Alston, were provided at an early day with ordnance and, ordnance stores, and also garrisoned by a sufficient number of troo])S to man the guns. Since the action of the Congress at Montgomery, which put our operations under the charge of the Provisional Government, little has been done towards the com- pletion of the works which were at that time unfinished. These de- fences of the coast have "been erected at comparatively little cost to the State. The planters in their vicinity have, with commendable liber- ality, in the majority of cases, gratuitously furnished the labor required to erect them. For a more particular description of these various works, I refer to the reports of the Engineers in charge, and especially to the reports of Colonel Charles Alston, Jr., and Colonel Elliot, who had the general direction of them, under orders from your Excellency. At ,the re- quest of your Excellency, and in company with Captain Ilartstene, who was ordered to make a report on this subject, I made, in the month of February last, an inspection of these works, from George- town to the mouth of the Savannah river. I refer to his report as containing a more particular statement of the progress which had been made towards their completion, and also of what was further required to render them 2i» efficient as the circumstances would admit of. At the time when I assumed the duties of this Department, your Excellency had already established a Police for Charleston harbor — first, to prevent a change in the status of the forts; and, secondly, to prevent reinforcements being introduced into Fort Sumter. After the occupation of Fort Sumter by Maj. Anderson, and bi-fore the erection of batteries on Morris' Island, this police was chiefly relied on to pre- vent that fortress being reinforced. It wa.s, therefore, thoroughly or- ganized, and rendered as efficient as passible with the means at our 07 . 530 APPENDIX TO THE command. Small boats were stationed by day near the bar, for the purpose of keeping watch upon vessels approaching our harbor, and if at all suspicious, to examine them, and by means of signals arranged for the purpose, to notify the different posts in the harbor of their real character. A night police was also established, consisting of the most suitable vessels that could be procured, having on board detachments of armed men, with orders to cruise during the night time near the bar, and keep a vigilant look out for the enemy, and repel any attempt to reinforce Fort Sumter with all the means in their power. .To their vigilance may be justly accorded a share of the honor of the successful repul- sion from our waters of the "Star of the West" by the battery on Morris' Island. Her approach was .observed and signalled to that post. This Police was committed principally to the charge of the officers of the United States Navy, who had resigned and tendered their ser- vices to the State. And it is due to these gallant officers that I should say, that in this capacity, humble though it* be,, compared with the stations which they had before filled in their country's service, they have, iu every instance, entered upon the discharge of their duties with alacrity and spirit, and rendered most important service to the State. It is also proper that I should make favorable mention of the ser- vices which have been rendered in this Department by the young men who abandoned the Naval School of the United States, and tendered themselves to the State. They were assigned to this Police, and have been constantly employed iu its service. During the greater part of the time, James II. North, late Lieutenant in the United States Navy, has had the command of this force. Immediately on his arrival here, he was appointed to this service with the rank of Captain in the South Carolina Navy, and has performed his dutywith promptness and ability. The Legislature, at its last session, passed "An Act for the establish- mient of a Coast Police for the State of South Carolina," which enacted that the Governor should purchase or procure three vessels of light draught, to be propelled by steam and canvas, and to be armed with one or more guns, and otherwise equipped, f^o as to be made an efficient police for the coast and inlets of the State. To carry out the provisions of this Act, the sum of S150,000 was appropriated. In order to re- move the embarrassments which it was supposed might arise in restrict- ing the Governor to the purchase of vessels of a particular'description, a resolution was also passed by the Legislature, authorizing him, ia SECOND SESSION. 5?.l effect, to procure such vessels as he might deem fit for the service pro- pased, provided no larger sum than the §150,000, appropriated by tlje Act refen-ed to, should be used for the purpose. In order to carry out the object of this Act and Resolution, I ap- pointed a commission, composed of scientific and practical men in the City of Charleston, to examine all the vessels in Charleston harbor, and also to make inquiry elsewhere, and report whether any could be procured which were adapted to the service intended. 'J'heir report satisfied mc that there were no vessels in our waters which were suita- ble in every respect, and which could be bought on reasonable terms. It was believed that they might be purchased at the North, but, after diligent inquiry, only one could be found that it was thought expedient to purchase : the "James Gray," an iron propeller, built for the navi- gation of James Ijliver. Lieut. Dozier was despatched to Richmond, and negotiated the purchase of this steamer at the price of $30,000, to be delivered at Charleston. She has since been fitted out under the name of the " Lady Davis," and carries two twenty-four pounder howitzers on her decks. Under the Act referred to, enlistments of seamen were began, and had reached the number of thirty, when it was thought best to suspend any further effort to complete this organi- zation, on account of the action of the Provisional Congress looking to the establishment of a navy for the common Government. These enlisted seamen have served to relieve the detachments of volunteers which have been detailed for duty as a night guard in the harbor, and are now employed in that service. For a statement, in detail, of the vessels employed in the Coast Police, the ofiicers and crews of each, and of the officers of the United Slates Navy who have resigned and entered the service of the State, and also their rank, I refer to the report of Captain James 11. North, dated the 4th March, and on file in the Executive office. It is believed that two addi- tional steamers of lighter draught than the "Lady Davis," and hav- ing proper armameiUs, would be sufficient for the Coast Police of this State — that is, to cruise along our coast and into our ioiets, with a view to intercept lawless incursions into our territory. Without such vepsels, some of the entrances along our coast will be entirely unguarded. This is especially true of Port Royal entrance and St. Helena Sound. These cannot be defended by means of batteries on land ; and unless armed vessels are provided for these waters the adja- cent country will be left entirely exposed. This matter, it is under- stood, has already been considered by the Secretary of the Navy at 532 APPENDIX TO THE Montgomery, and suitable vessels, it is believed, will soon be procured for the service indicated. In conclusion, I have the pleasure to state that, in my judgment, with the small means at their disposal, and under the pressing necessity of concentrating the resources of the State for the defence of Charleston harbor, which thus far has been the theatre of our larger military preparations, everything has been done which was practicable, by the State authorities, for the defence of the sea-coast of the State. Respectfully submitted, A. C. GARLINGTON, Secretary of the Interior, including Sea-coast Defences. SECOND SESSION. 533 REPORT OF THE POST OFFICE DEPARTMENT. State of South Carolina, Post Office and Customs Bureau, Charleston, March 26th, 1861. Sir: I beg leave to say, that in the department to which I was assigned by your Excellency, as one of the P]xecutive Council, I have very little to* communicate that will be necessary for you to communi- cate to the Convention of the People of this State. The Postal arrangements have been continued as they existed at the time of the secession of the State from the late Union. After the Ordinance of the Convention continuing the officers of the Post Office Department as before, upon the application of several Post Masters for instructions, I issued a circular instructing them to make their returns and accounts to the Department at Washington as pre- viously, so long as the mails were transported under their contracts and authority. This course has been pursued so far as I know, and as yet I have been aware of no interruption of mail facilities in the State. In relation to the delivery and receipt of the mails to and from Fort Sumter, under your direction, I proposed to Major Anderson to have them delivered to, and by his boats, at Fort Johnson, to which he assented; the necessary orders were issued for this purpose, and in this way mail communication has been kept up, without complaint, so far as I am aware, with that post. The papers and correspondence on this subject will be found cm- braced in the correspondence between Hon. A. G. Magrath, of the State Department, and Hon. J. Holt, Postmaster General at Washing- ton, and have already been made public. That portion of Customs with which my department was connected, was in reference to Light Houses and buoys in the harbor and coast, and with the vessels con- nected with that service. Under your direction, soon after the evacuation of Fort Moultrie by the garrison of the United States and their possession of Fort Sumter, I directed the lights in the harbors of Charleston, Beaufort and Georgetown to be extinguished, and the buoys in these harbors respec- tively to bg removed, in order to prevent by these means, as far as 534 • APPENDIX TO THE practicable, the supplies of provisions, men, &c., to Fort Sumter, as well as to prevent hostile ships from coming into our waters. This- course is still pursued, as I learn from those now in authority. Upon the organization of the Provisional (ioverument of the Confederate States, and the Treasury and Post Office Departments thereof, I felt that my duties in the department to which I had been assigned by your Excellency had determined, and I consequently requested the officers both of the Customs and Post Office, with whom 1 had been connected, to report and advise with the respective heads of depart- ments of the Confederate States, wliich has been done. • It gives me great pleasure, in closing this report, to bear my cheerful testimony to the efficiency, discretion and promptness of the gentlemen at the head of the Post Office and Customs, respectively, in the City of Charleston, and thus publicly tender them my thanks (which I have done privately) for the cheerful assistance and suggestions wliich I have at all times received from. them, in the discharge of the duties of the position assigned me. I have the honor to b?, Very respectfully, Your obedient servant, W. W. HARLLEK. To HIS EXCELI-ENCY F. W. PiCKKNS. SECOND SESSION. 535 EEPOllT OF THE COMMITTEE ON THE MILITARY; WITH THE ACCOMPANYING RESOLUTIONS. The Special Committee on the Military, to whom was referred so much of the communication of his Excellency Gov. Pickens, and ac- companyinp; documents, as relates to the transfer of enlisted troops, arms, ordnance and munitions of war, to the Government of the Confederate States, to the Coast Defences and Volunteers in the service of this State, and the resolution of Mr. Orr as to the troops raised for the defence of this State, &c., beg leave to REroRT : That they have had the matters refered under consideration, and the matters which specially engaged their attention were, first, the number and amount of arras, ordnance and munitions of war which it was proper to transfer, and the mode of settlement therefor. They have deemed it expedient to turn over to the Confederate Government all such as have been purchased since the 20th December last and are now in our possession, and such other arms, ordnance and munitions (including those taken in the forts and arsenals in this State lately in the possession of the United States Government) as the Governor and Uoard of Ordnance may deem it advisable to transfer with a due re- gard to the safety and defence of this State. Secoiuily. — The transfer of the regular enlisted trowps now in the service of the State to the Government of the Confederate States. This your Committee are of opinion should be done without delay ; but, in doing so, the Governor should insist upon the preservation of their present organization and the maintenance of the rank of the oflBcera, if practicable so to do under the provisions of the Act of the Congress of the«Confederate States, entitled an "Act to raise Provisional Forces for the Confederate States of America, and for other purposes." This we have the assurance, in the communication of his Excellency, will be urged by him as far as practicable. Thirdly. — The tender of volunteers to the Confederate States, and providing for their entering the service of the Cunfodcrate Statft^ 536- APPENDIX TO THE under the Act of Corifrrcss referred to. Your Committee have arrived at the conclusion, that while the assent of this State should be cheer- fully yielded under the provisions of the Act of the Confederate Congress, yet it is but proper that preferences should be given to the forces already in service and those now organized under the Act of the Legislature of this State at its lust session. The propriety of this course is so manifestly just to these forces, their efficiency, discipline and preparation so fully completed, and the promptness by which, with their tender and consent, they can be thrown into the field, that your Committee deem it unnecessary to dis- cuss it at length. In case these forces do not furnish a sufficient number to answer the call of the President of the Confederate States, then it follows that volunteers from other sources can tender their services to supply the deficiency; but your Couimittcc apprehend no such contingency, under the resolutions they submit on these subjects. The reports of Gen. D. F. Jamison, of the War Department, and of the Hon. A. C. Garlington, of the Interior and Coast Defence, furnish valuable information as to the condition for defence the State now oc- cupies, that your Committee recommend that five hundred copies of each be printed for the use of this Convention, and for distribution thereby. There is one other subject that has occupied the attention of your Coujmittee, incidentally connected with the matters referred to them, and that is the mode of payment we are to adopt by which this State is to be paid, and reimbursed for her military expenditures, &c., since our Act of Secession. Your Committee are of opinion that for such portion of the amount which will be due this State by the Confederate Govern- ment, upon a settlement for our disbursements, should be received in the Bonds of tl^/j Confederate States, now about to be issued under the fifteen million loan provided for by Act of the Confederate Congress, except what will be nece.>-sary to prevent embarrassment to the finances of our Treasury, and they beg leave to recommend the adoption of a resolution herewith submit ted'jon that subject. Your Committee, therefore, beg leave to report the accompanying resolutions, and recommend their adoption. , All of which is respectfully submitted, ^V. W. IlAllLLIilE, Chmrmau. SECOND SESSION. 537 Resolutioxs to provide for the transfer of arras, ordnance and muni- tions of war, by this State to the Government of the Confederate States of America. Resolved, That the Governor be and is hereby authorized to transfer to the authorities of the Confederate States of America all of the ord- nance, arms and munition of war, which have been purchased by the authorities of this State, and now in her possession, since the twentieth day of December last, except such as he, with the Board of Ordnance, may think it advisable to retain, upon payment to the State of the cost and expenses thereof, or securing such payment to the satisfaction of the Governor and (^ouncil. That he also, by and with the advice and consent of the Board of Ordnance, transfer to the said Confederate Government all of the arms, ordnance and munitions of war which have been taken in the forts and arsenals of this State, lately in possession of the Government of the United States, except such as, in their dis- cretion, should be retained for the use and defende of the State, taking therefor such receipts and assurances as will secure to this State the value thereof, or will indemnify the State in any accounting which may hereafter be had with the United States Government. And that the Governor and Board of Ordnance be authorized and directed to turn over all the arms, ordnance and munitions of war to the authorities of the Confederate States, in possession of this State, upon payment therefor, or securing such payment, which, in their dis- cretion, can be sp&red consistently with the safety and defence of this State. Resolution to provide for the transfer of the regular enlisted troops of this State to the>Governtftent of the Confederate States. Resolved, That it is proper that the regular troops which have been enlisted in the service of the State, should be transferred, for the re- mainder of their term of enlistraent,^ to the service of the Confederate States; but that in doing so, justice requires that all the officers should receive commissions of the same grade for at least the period of enlist- ment of the troops, and that the Governor of the State be authorized to make arrangements accordingly for such transfer with the President of the Confederate States, and to endeavor to preserve, if practicable, the rank of all the officers. Resolutions to provide for tendering a Volunteer Force to the Con- federate States R^Mflvf'd, That it is the sense of this Convention that the sudden t>8 • §38 APPENDIX TO THE call which was gallantly answered by the First Regiment of South Carolina Volunteers, now in the service, and the valuable services which that Regiment has rendered, give it a just claim to an honorable discharge, as soon as the pressing exigency of State affairs will, in the judgment of the Governor, permit; but that, if it should be the desire of the said Regiment to prolong its service, then it shall have the privilege of being the first corps transferred to the service of the Con- federate States, upon making the necessary change in their term of enrullmcnt; and that if the whole Regiment shall not desire to extend the term, but a number of companies and men sufficient, with the aid of prompt recruiting, to form an efficient regiment, shall choose to do so, they shall have the same privilege, and shall retain the regimental name and colors. Resolved, That if the services of the First Regiment shall not be needed in the field for the whole of their terra of six months, the Governor may, at hie discretion, permit the whole or any part- of the Regiment to return to their homes, subject to his call whenever it may be requisite during the said term — their pay and allowance being sus- pended while so at home — and that iu the event of a treaty of peace being made between the Confederate- States and the United States before the expiration of the said term, the Governor shall be authorized to disband the said Regiment. Resolved, That whenever -a volunteer force shall be called for by the Government of the Confederate States, the Governor be authorized to call for as many regiments of the twelve months' volunteers already organized as may be needed ; and that if the said regiment shall con- sent to go into the. service of the Confederate States, they shall be transferred accordingly; and if the whole of any regiment shall not so consent, but companies and men enough shall do so to form, by aid of recruiting, an efficient regiment, such regiment shall be transferred in the same manner : Provided, that preference shall be given to the said regiments in the order in which they now rank. Resolved, That in case a sufficient number be not raised from these organizations, then any other companies, battalions or regiments arc hereby authorized to volunteer and tender their services till the re- quisite number is supplied and received. SECOND SESSION. 539 The State of South Carolina. At a Convention of the People of the State of South Carolina, re- assembled by appointment of the President thereof, at Charleston, on the twenty-sistli day of March, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers aLljournments, to the fifth day of April, in the same year. KESOLUTIONS Suggesting amendments to the Constitution of the Confederate States. Resolved, That so soon as the Government of the Confederate States of America, created by the "Constitution" which has been now rat- ified, shall be securely established, and in peaceful operation, the State of South Carolina ought to " demand " that (two other States con- curring) the Congress shall summon a Convention of all the States, to take into consideration the following amendments to the said Constitu- tion, to wit : 1. To amend the second section of the first Article by striking out from the third clause thereof the following words, to wit : "which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years," and the words, " three-fifths of all slaves," and inserting after the words, "re- spective numbers," the words, " induJiiuj slaves." 2. To strike out the second clause of the eighth section of the first Article, and insert : " The Congress shall not contract any debt except for war purposes; and all expenditures in excess of revenues from imports (which shall not exceed fifteen per cent, ad valoreni) and other sources, shall be met by direct taxation, to be provided for by the Congress authorizing the expenditure." 3. In lieu of the first and second clauses of the ninth section of the first Article, to insert the following : "Congress ehall have power to prohibit the importation or introduction of slaves from any region not a State or Territory of this Confederacy." 4. To amend the third section of the fourth Article by adding to the first clause thereof, the words : " Nor' shall any State in which African slavery docs not, by law, exist, be admitted, without the consent of all the States, expressed through their respective Legislatures." Done at Charleston, tlie fifth day of April, in the year of our Lord one thousand eight hundred and sixty-one. D. F. JAMISON, President ff the Convention. Attest : B. F. Arthur, Olerk of tlie Convention. 540 APPENDIX TO THE The State of South Carolina. At a Convention of the People of the Stsrte of South Carolina, reas- sembled by appointment of the President thereof, at Charleston, on the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments to the eighth day of April in the same year. A RESOLUTION To authorize a subscription to the Confederate Loan. Resolved, That the Governor be authorized to subscribe, at his dis- cretion, to the proposed Confederate Loan, not exceeding its par value, a sum uot exceeding the estimated claim of this State against the Con- federate Government : Frovichil, It be previously arranged with the Confederate Government that payment for the subscription .•shall be made in the settlement of the claim of this State against that Govern- ment, for the expenses incurred for the military defence of the State, and for the cost of the arms, ammunition, &c.,- which may be trans- ferred by this State to the Confederate Government. Done at Charleston, the eighth day of April, in the year of our Lord one thousand eight hundred, and sixty-one. D. F. JAMISON, Fres iden t of the Con vent ion. Attest: B. F. Arthur, Cleric of the Convention. SECOND. SESSION. 541 The State op South Carolina. At a Convention of the People of the State of South Carolina, re- assembled by appointment of the President thereof, at Charleston, on the twenty-sixth day of IMarch, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments to the ninth day of April in the same year. A RESOLUTION Authorizing the Governor to commission officers of Volunteer Compa- nies in certain cases. Resolved, That the Governor be, and he is hereby, authorized to commission the officers of any Volunteer Company which may be formed in any of the Districts adjacent to the sea-coast, for local service : Pro- vided, That no such commission shall be issued without the written consent and approbation of the commanding officers of the Regiment, Battalion and Company respectively, within the limits of which such Volunteer Company shall have been forued : And provided, also, That such commissions shall not continue longer than ten days after the close of the next regular session of the Legislature : Provided, also, That the said companies shall consist of not less than thirty rank and file, besides commissioned and non-commissioned officers. Done at Charleston, the ninth day of April, in the year of our Lord one thousand eight hundred and sixty one. D. F. JAMISON, President 0/ the Convention. Attest : B. F. Arthur, Clerk of the Convention. 542 APPENDIX TO THE THE COiMMITTEE ON FOREIGN RELATIONS To whom were referred the communication of the Secretary of State and accompanying documents, beg leave to report : That they have examined the same, and recommend that the usual number of copies of the Secretary's Report be printed for the use of the Convention, and that five hundred extra copies be printed for dis- tribution. As all of the accompanying documents of any importance have al- ready been published, your Committee deem it unnecessary to recom- mend the printing of any of tliem. Respectfully submitted. WM. POilCilER MILES, Chairman. SECOND SESSION. 543 REPORT OF THE COMMITTEE ON PRINTING, AS TO LITHOGRAPHING ORDINANCE OF SECESSION. The Committee on Printing beg leave to report : That, at the recent session of the Convention, having had referred to them a resolution contemplating the lithographing of the Ordinance of Secession, they made a report indicating the terms upon which the work could be done, but which report was not reached in the order of business before the adjournment of the Convention. Since then, Messrs. Evans & Cogswell, Printers to the Convention, acting upon the indications, as manifested by the report, to have the Ordinance litho- graphed, have had the work done in a style creditable to the art; and by a careful comparison with the original, the Committee find it to bear a very notable similarity to it. These gentlemen having had the work done in such a faithful and creditable manner, and as the}' supposed in accordance with the wish of Delegates composing the Convention, the Committee deem it due to them to recommend the adoption of the following resolution : Resolved, That two hundred lithographic copies of the Ordinance of Secession be furnished by Messrs. Evans & Cogswell, for the use of the Convention, to be disposed of under the direction of its President; and that two hundred dollars be allowed and paid them, by the Treasurer of the Lower Division, as compensation therefor. All of which is respectfully submitted by the Committee. PAUL QUATTLEBAUM, Chairman. 544 APPENDIX TO THE REPORT OF ENGROSSING COMMITTEE, AS TO PUBLICA- TION OF SECRET JOURNAL. The Committee on Engrossed Ordinances, to whom it was referred : First, To inquire and report " what resolutions and orders of the Convention, passed in secret session, and how much and what portion of the secret journal, may now be made public without impropriety; " and Second/^, To consider and report upon the following resolution, to wit : '^Resolved, That the injunction of secrecy be removed from the proceedings and debates of this Convention on the Constitution of the Confederate States of Ameiica; and that the journals of this Conven- tion and of its proceedings therjcon, shall be published under the su- pervision of the President of this Convention, so soon as the injunction of secrecy shall be. removed from the proceedings and debates of the Convention of the Congress assembled at Montgomery, which formed said Constitution," having considered these matters, beg leave to Report : That they were attended by the Clerk of the Convention, and with him carefully and minutely perused the journals of the secret sessions of this body, from the 22d day t>f December, A. D. 1860, when the Convention first sat with closed dpors, until the present time. They find that the injunction of secrecy has already been removed from the Ordinances and the more important Resolutions which have been adopted. Your Committee cannot say that the removal of the injunc- tion of secrecy from the remainder of the transactions of the Conven- tion, and their consequent publication, is either improper or incompatible with the public interests. There are a class of resolutions, the publication of which, it was objected in the Committee, might give rise to a misconception of the real views, and a misconstruction of the true action of this body. To these the attention of the Convention is invited. On the 27th day of December of the last year, the morning after JIajor Anderson had, under cover of the night, dismantled and aban- doned Fort Moultrie, and taken military and hostile occupation of Fort Sumter, a Delegate offered the following resolution : " Resolved, That it is the sense of this Convention, that the occupa- tion of Fort Sumter ou<_'ht at once to be regarded as an authorized oc- SECOND SESSION. • 545 cupation, and vigorous military defences provided immediately;" which was ordered to lie on the table. Many other resolutions to the same effect were, from time to time, presented, and were also either ordered to lie on the table or rejected. To remove the injunction of secrecy, and publish to the world these and kindred resolutions, it was suggested might lead to the idea that the Convention had, by thcjr action on them, declined to entertain, or assert, and perhaps had denied, the principles therein declared, and had thus placed themselves some- what in opposition to the views expressed in their behalf by our Com- missioners to the Government at Washington. In this view your Committee do not concur. It is well known to the members of this body, that in truth and in fact, the Convention intended thereby to express no opinion as to the authority and charac- ter of Major Anderson's occupation, the same not having been then, as yet, affirmed, denied or adopted by the then Administration, and our Commissioners having, at that time, this, with other complicated and delicate questions, for explanation and, if possible, for adjustment. The reasons thus indicated, which induced the action of the Conven- tion, do not, it is true, appear on the face of the journal or accom- pany the 'record; but this may be said of the proceedings in all legislative bodies, and which therefore, at last, must, in a great meas- ure, depend upon contemporaneous history for their explanation and vindication. In reference to the publication of the debates on the subject of the adoption of the Constitution of the Confederate States of America, your Committee do not perceive how the same could be done under the authority of this body, as no official record of them was kept under its directions. They Would, therefore, recommend the adoption of the following resolutions : 1. Resolved, That the injunction of secrecy be removed from all the transactions of this Convention in secret session, except in relation to the debater on the Constitution of the Confederate States of America, and the matter this day directed by the Convention to be kept secret.* 2. Rcsohal, That as soon as the injunction of secrecy shall be re- moved from the proceedings and debates of the Convention of Dele- gates, lately assembled at Montgomery, the injunction of secrecy shall •Resolution providing for subscription to the Confederate Loan, from \\\\\ch tlic injunction of Bccrecy was removed, September 17, 1862. 69 546 . APPENDIX TO THE likewise be removed from the debates of this Convention on the Con- stitution submitted for the Confederate States of America. 3. Resolved, That live hundred copies of the journal, public and secret, and of the reports, restrlutions and transactions of this Conven- tion be printed, and separately five hundred copies in the following order : of 1. All the Ordinances -passed by the Convention, in the order of . time (except the Ordinances of ratification) ; together with 2. The Bills to amend the Constitution of this State, ratified during the late session of the General Assembly. 3. The llesolution for engrossing the Constitution. 4. The Constitution of the State as engrossed. 5. The Constitution of the Provisional Government of the Confed- erate States of America. 6. The Constitution of the Confederate States of Atuerica. 7. The Ordinance of Ratification. 8. The Resolutions suggesting amendments. And that the same be distributed as follows : For the Executive, 10 copies; for the Legislative Library of the Congress at Montgomery, 5 copies; for the Legislative Library at Co- lumbia, 5 copies ; for the Libraries of the Court of Appeals at Columbia and Charleston, each 5 copies; for the Members of the Convention, and Members of the General Assembly of the State, each 1 copy; for the Governors of the several Confederate States, each 1 copy ; for the Chief Justice and Associate Justices of the Court of Appeals, and for the Chancellors and Judges of the State, each 1 copy; for the College and various public Libraries in the State, each 1 copy ; for the At- torney-General, Solicitors, Secretary of State, Surveyor-General and Treasurers of the Upper and Lower Divisions, each 1 copy for the use of their respective offices ; and that the residue be distributed under the direction of the President of this Convention. All of which is respectfully submitted, THOMAS Y. SIMONS, Chairman. SECOND SESSIOX. 547 REPORTS OF COMMITTEE AS TO DOCUMENTS DIRECTED TO BE ENGROSSED. The Committee on Engrossed Ordinances beg leave to report : That the Ordinance adopted by this body on tlic day of the adjourn- •mcnt of its first session, entitled, "An Ordinance to vest in the Gen- eral Assembly the power to establish Postal Arrangements," has been duly engrossed under the supervision of the Committee, and deposited in the office of the Secretary of State for safe-keeping. Respectfully submitted, THOMAS Y. SIMONS, Chairman. The Committee on Engrossed Ordinances report: That the Ordinances and Resolutions referred to them have beea duly engrossed and ratified by the signature of the President and the attestation of the Clerk, to wit : 1. An Ordinance ratifying the Constitution of the Confederate States of America. 2. A Resolution suggesting amendments thereto. 3. An Ordinance to amend an Ordinance concerning citizenship. 4. An Ordinance to amend and to repeal sundry Ordinances, and to alter the fourth Article and sundry sections of the Constitution. 5. An Ordinance to alter the tenth section of the first Article of the Constitution of the State of South Carolina, and the amendment there- of, ratified the twenty-eighth day of January, A. D. 18G1; also, to alter the tenth section of the amendment ratified on the seventeenth day of December, 1808, and likewise the second clause of the eleventh Article of the Constitution aforesaid. 6. An Ordinance to ratify the Provisional Constitution and Govern- ment of the Confederate States of America. 7. An Ordinance to repeal in part and to alter in part an Ordinance to amend the Constitution of the State in respect to the Executive Department, 8. An Ordinance to transfer to the Government of the Confederate 548 APPENDIX TO THE States of America the use and occupancy of tlio forts, arsenals, navy yards, custom houses and otlier public sites within the" limits of this State. 9. A Resolution to provide for the. transfer of arms, ordnance and munitions of war, by this State to the Government of the Confederate States of America. 10. A Resolution to transfer the rcirular enlisted troops of this State to the Government of the Confederate States. 11. A Resolution to provide fur tendering volunteer forces to the Confederate States. 12. A Resolution authorizing the Governor to commission the officers of the volunteer companies in certain cases. Respectfully submitted, THOMAS Y. SIMONS, Chairman. SECOND SESSION. 549 REPORT OF THE COMMITTEE ON ACCOUNTS. The Committee on Accounts, to whom were referred the accounts of P. Brady, F. L. Schouboe and J. L. Baruwell, for services rendered and articles furnished to the Convention, a^k leave to report, that they have examined the said accounts, and recommend tliat the said sums be paid to the persons respectively, as below specified, to wit : To J. L, Barnwell, three dollars and sixty cents ; to F. L. Schouboe, twenty- three dollars ; to P. Brady, fifty-eight dollars. Respectfully submitted, THOMAS THOMSON, Chairman. 550 APPENDIX. RESOLUTION For Engrossing the Coustitution of the State. Resolved, That the Constitution of the State shall be engrossed, omitting all temporary provisions, and incorporating all amendments, so as to present a symmetrical whole, and that after having been read and approved by the Convention, it shall bo ratified. THIRD SESSION. COMiNIUNICATION FROM HIS EXCELLENCY GOVERNOR PICKENS. In Convention, Deckmber 28Tn, 1861, In Secret Session. Resolved, That his Excellency the Governor be requested to inform this Convention what regiments, battalions, or companies of voluntQcrs have been organized within this State, under any law of this State, or any call of his Excellency, and are now in existence, but have not 3'ct been mustered into the service of the Confederate States, together with the strength of such organizations, and thoir present position and ser- vice. Jiesolced, Th^t his Excellency the Governor be requested to com- municate to this Convention the number of regiments from this State which have volunteered into the service of the Confederate States for the war — of that number, how many are in service without the limits of the State ; and how many are in service within the limits of the State ; and also, the original and the present strength of such regi- ments. Resolved, That his Excellency the Governor be further requested to communicate to this Convention the number of regiments from this State which have volunteered in the service of the Confederate States for twelve months — of that number, how many are in service without the limits of the State; and how many are in service within the limits of the State; and also, the original and present strength of such regi- ments That the same information be given of any detached compa- nies or battalions in service for the war or twelve months. Resolved, ,That his Excellency the Governor be further rcf|uested to communicate to this Convention the number of arms belonging to this State, which have been given to regiments of this State, now in the service of the Confederate States, withouft the limits of this State; how many of such arms have become useless to such regiments by the va- rious causes which have reduced the effective force of such regiments, and what measures, if any, have been taken to have such arms brought back to this State. 70 - 554 APPENDIX TO THE Resolve'J, That his Excellency the Gbvernor be further requested to coiniuunicate to this Couvcntion the number, grade and condition of arms belonging^ to 'this State, issued to any portion of the militia of the State, not in actual use by reason of exemptions or disabilities, held or claimed by any persons in part composing such militia, and also the number of public arms now in the State and prepared for im- mediate use. Statk of South Carolina, Executive Office, December 80th, 1861. To THE irONOBABLE THE PrESIDKNT, AND Members of the Convention : I suppose that the object of the above resolutions was to obtain a full development of the military strength of the State now in service, and also to elicit full information as to the military relations our State and State forces bear towards the Confederate authorities, and more parti- cularly towards the Confederate General Cou)manding. I tiust, there- ioxfi, that the Convention will receive the correspondence I herewith transmit, which has taken place between myself and the Confederate authorities and Generals, at different periods, so as to illustrate our re- lations, and to enable the Convention more clearly to comprchcnd^what has been done, as well as what has not been done. On the first day of March last, I was notified that the Confederate Congress had passed an Act to raise provisional forces, and that the President of the Confederate States also formally assumed the com- mand of all matters connected w'th our defences and the ponduct of the war. A copy of this letter, from the Secretary of War, is here- with transmitted. Up to that time 1 had, necessarily, directed and controlled everything of the kind. IJut soon after this, tl^e President sent on a Confederate General, with full power to take command of everything connected with the military. Whatever I have done since then has been more by respectfully suggesting than from any right or power to execute any military orders connected with the every-day ac- tual conduct of the war. I have freely suggested, and have had the satisfaction to know that the (Confederate Generals have, in most in- stances, treated such suggestions with all proper respect, and not un- THIRD SESSION. 555 frequently acted in accordance with them. But it would be doing great wrong to ine, and injustice to the State, to hold any of the State autjiorities strictly or entirely responsible for the conduct of the war. I freely and liberally, in the counneiieement, contributed all in my power to strengthen the Confederate Government in all its operations. Be- fore the Confederate Government was eiKciently organized, I sent can- non into North Carolina, and artillerymen, with thirty thousand pounds of powder, with shot and shell, to assist in occupying her forts. I sent in like manner, very much upon my own responsibility, two regi- ments of troops into Virginia, fully armed and equipped, which were the first that were sent from any State. I also sent on^ thousand stand of muskets, with one hundred thousand ball cartridges, to Lynch- burg, Virginia, to arm the Western troops. I sent, with ammunition, cannon into Teiiuessoe, which were planted above Memphis, on the Mississippi river, by an artillery officer and men. sent on by me. I also sent one thousand muskets, and I think it was before the State had acted at aU. I also sent six thou,sand stand of arms to Florida. I sent our first regiment to Virginia, fully armed and equipped, into Confed- erate service, without makinc: any estimate of their arms and equip- ments, because I thought, and was induced so to believe by the Secre- tary of War, that by cold weather this tail, there would be plenty of arms brought in to supply what might be needed in the State. I have been grievously disappointed in this calculation ; but I must candidly say, that it was, perhaps, because the Confederate authorities had made no calculation as to the present extent of the war, or the new and en- larjred demand for arms. The enormous increase of our armies, and the vast extent of our lines to be defended, make it beyond the power of the Government to supply all required. . But I will say to the Convention, in reply to the resolutions, that I had, from arms recently collected throughout the State, about bne thousand at the Arsenal in Colunibia, and near twelve hundred in Charleston which I have put iu pretty good repair. The Governor of Virginia has, also, in the last few days, sent me one thousand excel- lent muskets, with bayonets. I heard from General Bunham, that he had collected seven hundred excellent arms, belonging to the State, that arc not now in use with our regiments in Virginia. I immediately sent on Mr. Mitchell, of Charleston, for them, and expect his arrival with them every day. I have likewise ordered in the arms that arc in the hands of what is called the Reserves, in Charleston ; and the Ordnance oflacer writes mo 556 APPENDIX TO THE that he will receive about thirteen hundred in that way. I have also written the Mayor of Charleston to return back the arms in the hands of the tire Companies cf Charleston. These are about five hundred j and the Act constitutinj? them a part of the military, expires on the eighteenth of January nest. I recently purchased nine hundred and ten EnLeld rifles, for the sum of forty-one thousand and two hundred dollars — formerly held by Coloi;cl Cuninfrham. These I hold to give out to flanking companies of the rcgiiuiiits mustered in for twelve months. The Confederate Government liave placed at the disposal of a Confederate officer, twenty-two hundred Enfield rifles, for our troops to be mustered ^n — a portion of which are given out. The sum total of all these would be about eight thousand stand of arms. Out of these Colonel Means' Regiment and Colonel Elford's have received or- ders for arms, and also Major James' Battalion, and four other sepa- rate companies, which would reduce the amount to near six thousand, that can still be used for troops mustering in. I here take occasion most respectfully to urge every member of the Convention to exert all his public and private influence to get compa- nies .to come forward immediately and enroll themselves for the service of the country" There never was a time when we needed them more, and I most urgently suggest that every means shall be instantly put in • requisition to bring forward men to serve in the defence of our be- loved State. No time is to be lost, and delay may be our ruin. I herewith enclose a full statement of all the troops now under arms from Georgetown to llardeeville, amounting to twenty thousand eight hundred and forty. The paper sent in will show the position at pres- ent occupied by each corps, and its strength. I also send in a separate report from the Adjutant General's office, of all the troops actually mustered in belonging to this State alone.. First those in Virginia and elsewhere, and then those n(wv in the State, and all the latter ordered to report directly to General Lee, as Confederate commanding officer. It will bo seen that this State now has in service altogether thirty-one thousand three hundred and eighteen men and in service in this State alone, twenty-one thousand four hun- dred and ninety-eight, if we include five thousand one hundred and twelve in companies reported and accepted. Of these, seventeen thousand five hundred and sixteen are now actually mustered and re- ceived into Confederate service. It will be seen that the letter of General Lee, dated the 27th instant, puts the number actually mus- tered into Confederate service, of which he has any acco^nt, at only THIRD SESSION. 557 ten thousand and thirty.six ; but in the same letter he ?ajs that he does not include Colonels IMeans' and Elford's Regiments, the Laurens 13attalion, and other companies mentioned; and I infer from his re- marks that he may not include the forces in garrison in Forts Sumter and Moultrie, or at Cole's Island, and perhaps he also does not include the forces at and near Georgetown. If all these v?ere included, then the amount would be about the same as is her#n transmitted, that is to say, about seventeen thousand. If thjs does not explain the dilTer- ence, then there is no other way of accounting for it, except that the officers commanding Districts have not reported to him fully the troops that have been sent forward from the Adjutant and Inspector Gener- al's office, for the Adjutant General has sent in to me a correct list from the rolls filed in his office, of troops actually sent forward into service. This report is herewith transmitted. It is believed that the thirty-one thousand three hundred and eighteen now actually mustered in service from this State, is the largest, in proportion to our white population, of any other State in the Confederacy. It would thus ap- pear that the forces from other States are three thousand six hundred and ninety, making in all twenty-one thousand two hundred and fifty- one, now under command of the Confederate Generals. I have, at the camp near this place, twelve hundred men, now mustering in ; and 'from what is reported, I expect sixty more companies in a few days — making, for the present, seventy-five companies, in addition to the troops Recently sent forward. Our difficulty is, that the line to be de- fended is so very long. The bays and inlets along our extensive sea- coast are so nuuicrous, that it is difficult to know exactly where the enemy may strike ; and we consequently have to guard too many dan- gerous points at the same time. If an attack is intended to be made on Charleston, their first movement will probably bo through Stono or North Kdisto, and at the same time a demonstration will be made at liuU's Day, so as to divert and divide our forces. The resources of the enemy on sea are almust boundless, and a foray upon our exposed coast furnishes employment fen- their idle marine and the vagrant popu- hition of their large cities. If they enter through North Kdisto, they will approach Charleston through John's Island; and if through Stono, then they will endeavor to silence our batteries there, and approach over James' Island, to occupy the Ashley above Fort Johnson, so as" to shell the city. Thi* was tHe approach adopted by the British in the Revolution, and again attempted in 1813. Tliey cannot separate from their ve.-sels without reserving a large force 558 appendix: to the to keep open their coiuinunications in the roar. with their fleet. They cannot, in fact, risk the attempt of an, attack on Charleston with much less than fifty thousand luen, supported by cavalry and artillery. If ' we can throw on Jaincs' and John's Islands fifteen thousand men, and they are well managed, it will be very difficult to niake a successful at- tack. General Lee thinks they cannot bring fifty thousand men; and after examining our pBfeitiou at the mouth of the Stono and Battery Island, he thought they could, not, in any event, succeed in marching upon the city. He has authority to order troops from Georgia, if we are urgently threatened, and thinks several thousand could be. thus thrown in. The Secretary of War has telegraphed me that one Virginia and two Tennessee regiments have been sent on to us, and other regiments are to follow. I think we have sufficient ammunition. In Forts Sumter and' Moul- trie there are near eighty-six thousand* pounds of cannon powder. Bat- tery Island, as the distributing artillery officer recently told me, has near one hundred rounds for each gun. We have, of rifle powder, forty-one thousand pounds, and seventeen thousand pounds of musket powder. If the enemy approach the entrance of Charleston harbor, I trust our forts are in order to receive theai. Heavy vessels of war cannot enter over our Bar, and any of them must be brought under the •full range of our guns. There are eighty-seven guns, well mounted, at Fort Sumter, and some thirty-seven at Furt Moultrie. If our malignant enemies come in numbers like the Goths and Van- dals, with their invading hordes, we may be overrun; but we can find consolation and satisfaction only in doing our duty bravely and faith- fully. I feel the embarrassments of my own position, as being held re- sponsible for military movements and defence before the public, when, in fact, I have no real power, and can only efl"ect any general purpose by requests and suggestions, which place me in an unpleasant position if unheeded, and if executed badly, make me liable to all the censure in- cident to a failure. JMany things might "be complained of on niy part, but in this great emergency I prefer to make no public complaint, and to aid the Confederate authorities with all the power that I can legiti- mately bring forward to their assistance. You will perceive from a letter, a copy of which is herewith enclosed, that I desired, last summer, to call ^he attention of the Cabinet at llichmond to the fact that, if a defensive policy on the Potomac was to be inaugurated as the settled policy of the Government, we would, un- THIRD SESSION. 559 doubtedly, be visited this fall with all the dangers of a powerful fleet on the element where they arc strong and we are weak, and that I de- sired to know, so as to prepare in time to try and meet this state of things. The four regiments I raised for Confederate service, uncon- ditionally for the war, last August and September, I obtained permis- sion from the War Department to retain in this State to meet this very emergency. I also wrote the Department that one of the great difficul- ties would be the scarcity of arms, as I could not positively promise any more. I also telegraphed the War Department the very first mo- ment I was informed that the fleet of war vessels which sailed from Hampton Roads were destined for Port Royal, that if they were as strong as stated, the danger was, that th(!y would pass the forts and enfilade the batteries. It is useless to disguise the fact that the countir is under absolute military coatrol. We must submit to it for the present, as we have no power to change it, even if we wished. Any public complaint or di- vision, under existing circumstances, would only distract and divide us, without the possibility of advancing the public service or the public interest at all. I enclose with this the letter directed to a member of the Cabinet, in Richmond, dated last September, and which was read to the President, but no reply has ever been made, except an informal one by the gentleman to whom it was addressed, in which it was stated that the war had grown beyond all the calculations of the Cabinet, and that they were endeavoring to meet, as far as they could, all the pres- sing emergencies of the country. I also J,ransnut with this, copies of let- ters written to Generals Lee a^jd Rip'ey, and their answers to the same. The one in reference to General DeSaussure's brigade, I wrote after consultation with him. The force in the fourth brigade, in Charleston, was returned last summer at three thousand four hundred men, but 4 knew only sixteen hundred were actually out, and this is what I in- tended in writing to General Lee as to their number. I have thus communicated freely with your honorable body, but of course there are many things I have mentioned that are not intended for the public in any way. I make this free communication, because I feel that wc are in the midst of great events. If we are surrounded with difficulties, so are our enemies. Any invasion, with large forces, by water, is ac- companied by great expense, and subject to many disasters. They may have consummate skill in managing a navy, but may be without the traiuing necessary for success on land. If we act with unanimity and patriotic zeal, my deliberate couvictiou is, that Charleston cannot bo 560 APPENDIX TO THE taken. If the Confederate commanding officers act with energy and ability, I believe a sufficient force can bo assembled to meet and drive back the invader. But the State requires that every man shall do his duty. If there are any timid or unable to fight, they had better withdraw from Charleston for the present, and so, also, the woujen and children that can be cared for elsewhere, had better, perhaps, be removed, because, in threatening dangers, they only add to panij, and are consumers. But let all others go to the field, and go cheerfully. Let them man the guns and stand by their layouets, and, under the blessings of Providence, the country can be defended and the city saved. F; W. PICKENS. REPORT OF ADJUTANT AND INSPECTOR GENERAL. State of South Carolina, Head Quarters Adjt. and Insp. Genl'.- Office, Columbia, Deo. 29th, 18G1. His Excellency Gov. F. W. Pickens : Sir : I have the honor herewith to acknowledge the receipt of copies of certain Resolutions of the Convention of South Carolina, and in accordance with your instructions, to submit a Report in response to such matters therein contained as may b& referable to this office. First. — As to "the number of regiments from this State which have volunteered in the service of the Confederate States for the war, of that wiimber how many are in service without the limits of the State, and also the original and present strength of such regiments," I have to report the following regiments organized for and during the present war: 1st, " Orr's Regiment of Rifles," Col. James L. Orr command- ing ; 2d, " 1st RegiMent S. C Volunteers for the War," Col. D. H. Hamilton commanding; 3d, "12th Regiment of S C. Volunteers," Col. R. G. M. Dunovant commanding ; 4th, " 13th Regiment of S. C. Volunteers," Col. 0. E. Edwards commanding; 5th, " ]4th Regiment S. C. Volunteers," Col. James Jones commanding; Gth, "15th Regi- ment S. C. Volunteers," Col. W. D. DeSaussure commanding. In process of organization : A regiment now consisting of six companies, under command of Lieut. Col. J. V. Moore, and a regiment now con- THIRD SESSION. 561 sisting of five companies, to be commanded by Col. P. H. Nelson, making six organized regiments, and two in progress of organization. Of these regiments, only one is wfthout the limits of the State, sta- tioned at or near Suffolk, Virginia. The original strength of each regiment is as follows : Orr's Regiment,* 1,030, aggregate ; 1st Regiment, 800^ aggregate ; 12th Regiment, 789, aggregate; 13th Regiment, 764, aggregate; 14th Regiment, 902, ag- gregate; 15th Regiment, 813, aggregate; Moore's Battalion, 430; Nelson's Battalion, 352, aggregate. The present strength of the regiments can only be ascertained from the headquarters of the Confederate Commanding General, as my con- nection with them ceases after the muster into Confederate service, ex- cept as to simple matters of organization. If it is your Excellency's desire, I will request the information from the Confederate Command- ing Officers of the different Departments in which the regiments are stationed. Second. — As to " the number of regiments from this State, which have volunteered in the service of the Confederate States for twelve months, of that number how many are iu service without the limits of the State, and how many are in service within the limits of the State, and also the original and present strength of such regiments — that the same information b^ given of any detached companies or battalions for the war or twelve mouths," I have to report that under Act of General Assembly of December 17, 1860, the following regiments were organ- ized, and have been since- mustered into Confederate service : 1st Reg- iment S. C. Volunteers, for 12 months. Col. Hagood commanding; 2d Regiment S. C. Volunteers, Col. Kershaw commanding; 3d Regiment S. C. Volunteers, Col. Williams commanding; 4th Regiment S. C. Volunteers, Col. Sloan commanding ; 5th Regiment S. C. Volunteers, Col. Jenkins commanding; 6th Regiment S. C Yolunteers, Col. Win- der commanding; 7th Regiment S. C Volunteers, Col. Bacon com- manding; 8th Regiment S. C Volunteers, Col: Ca«h commanding; 9th Regiment S. C. Volunteers, Col. IJeyward commanding; 10th Regiment S. C. A'^olunteers, Col. Manigault commanding; 11th Regi- ment S. C. Volunteers, Col. Blanding commanding.: uudgr special au- thority of Confederate Government, Hampton's Legion, Col. Hampton commanding; Regiment of Coast Rangers, Col. Hatch commanding; and the regular enlisted force of South Carolina, consisting of eight companies of infantry. Col. John Dunovant commanding; seven com- panies of artillery, Lieut. Col. Calhoun commanding ; and two compar 71 562 APPENDIX TO THE nies of Dismounted Dragoons, Maj. Lucas commanding: also, under authority of General Assembly of this State, 16th Eegiment of S. C. Volunteers, Col. Elford comnuftding; 17th Regiment S. C. Volun- teers, Col. Means commanding ; and the Holcombe Legion, Col. Ste- ' yens commanding; making in all fourteen regiments, two legions, and the regular enlisted force of South Carylina. Of this number eight regiments, one legion, and one company, are in service without the limits of the State. The original strength of each regiment is as, follows : 1st Regiment of S. C. Volunteers, for twelve months, 850, aggregate ; 2d Regiment, 841; 3d Regiment, 1,066; 4th Regiment, 973; 5th. Regiment, 1,124; 6th Regiment, 813 ; 7th Regiment, 803; 8th Regiment 819 ; 9th Regi- ment, 761; 10th Regiment, 1,146; 11th Regiment, 896; Regiment of Coast Rangers, 750; 16th Regiment, 718; 17th Regiment, 552; Ste- vens' Legion, 1,120; Regular Force, 1,136, I am unable to state the original strength of Hampton's Legion, it having been organized by Confederate authority, and the muster rolls not being returned to this office. I suppose the number to have been about 1,100. I also report the following detached companies or battalions for the war or twelve months : For the war. — Black's Squadron of Cavalry, Lieut. Col. Black commanding; Palmetto Battaliifti, Maj. White com- manding; Lamar's Battalion of Artillery, Capt. Lamar commanding; Manigault's Battalion, Maj. Manigault commanding; Capt. Mangum's Company, Capt. Boykin's Company, Capt. Shannon's Company, Capt. Boyce's Company, and Capt. Coit's Company. For twelve months. — Laurens Battalion, Maj. James commanding. The original strength of these Battalions and Companies are included in the statement appended to this report. For the present strength I must again refer your Excellency to the proper Departments. Of this number the following corps are in service without the limits of the State : Captains Mangum's, Boykin's, Shannon's, and Coit's Companies. Third. — As to the " i>umber of arms belonging to the State which have been given to Regiments, &c.," I would refer your Excellency to report of the Colonel of Ordnance ; and as to " what measures have been taken to bring back those arms which have become useless," &c., I will state, that by direction of your Excellency, I despatched some ten days since, a reliable agent to the camps of our regiments in Virginia, to THIRD SESSION. 563 gather up and bring back the arms of the class referred to, and •will, in a few days, have his report. From infor*mation received I expect ta recover some six to eight hundred stand of arms. I will also state that the Commanding Officers of the Brigades and Regiments have been again and again most urgently and strictly enjoined, to take care of and re^ turn the arms, &c., in the hands of their respective commands, belong- ing to the State. All troops sent beyond the limits of the State, with the exception of a few companies, have been armed and equipped from the Arsenals and stores of the State. , • Fourth. — As to "what regiments, battalions, or companies of volun- teers have been organized within this State, under any laws of this State, or any call of his Excellency, and arc now in existence, but have not yet been mu&tered itito the service of the Confederate States — to. gether with the strength of such organizations, and their present posi- tions and service," I have to report the 4th Brigade of S. C. M., Brig. Gen. DeSaussure commanding, coysisting of 1st Regiment of Rifles, Col. Branch, 1st Regiment of Artillery, Col. "VYagener, and 17th Regi- ment, Col. DeTreville, commanding, organized under Acts of General Assembly of 1841, and. subsequent amendatory Acts. This Brigade was required for by Brig. Gen. Ripley, then commanding this Depart- ment, and is now under the orders of the Confederate Commanding General. Col. Martin's Mounted Regiment, composed of companies organized under a resolution of the Convention of the State. This Reg- iment was also required' for by Gen. Ripley, and is on duty, subject to the orders of the Confederate Commanding General. Also the 'Pee Dee Legion, Brig. Gen. Harllee commanding, raised by authority of the Governor for a limited period; also required for by Gen. Ripley, andis' now undcr'orders of Confederate Commanding General. The strength of this Legion on duty is 800, aggregate. There are also six companies of State cavalry, numbering about 275 in the aggregate, also under Confederate orders. The original strength of the regiments of the 4th Brigade is as follows: Rifle Regiment^ 879; 17th Regiment, 874; . Artillery Regiment, 650. The Mounted Regiment is about 600 strong. I have also to report that under Act of December 7, 18G1, I have some 14 companies in camp, and have accepted and placed unuer marching orders for the camps about GO additional con^panies. These companies have all volunteered for Confederate service for twelve months, and are being organized under Act of December 7, 1801, and when organized are sent forward in accordance with instructions of 564 APPENDIX TO THE Confederate Commanding General, by Lieut. Col. Jolin S. Preston, .Asdstant Adjutant aud Inspector General of Confederate States Army. . Before closing this Pteport, I will state that I have issued orders again and again, and.appointed special agents in each District, to gather up the scattered arms belonging to the State, with but indifferent saccess. These agents are still at work, aud being highly intelligent and patri- otic gentlemen, are not receiving any pay for their services. I append to this Report a statement of the troops embraced in the foregoing, classified as follows : First, those in service beyond the State; second, those in service within the State; third, those for and during the present war ; and fourth, those for shorter terms. Respectfully submitted, 8. R. GIST, Adjutant and Inspector General of S. C. LIST OF TROOPS IN THE FIELD FROM GEORGETOWN TQ HARDEEVILLE. • Hardeeville — General Drayton. 15th Regiment of S. C. Volunteers, Col. DeSaussure 800 9th " " " " " Heyward 800 CoosAWHATcniE — General Pemberton. 12t^ Regiment of S. C. Volunteers, Col.. Dunovant 800 13th " " " " ' " Edwards 800 14th " " " " " Jones 800 " " N. C. " " Clingman 1,100 '/ " " " " RadcliflPe 900 " " Mounted Men, « Martin 600 Four Light Batteries from Va. and N. C 400 Gonzales' Siege Train 125 Regiment of Virginians, Col. Stark 800 Two Tennessee Regiments, General Donelson 1,600 •' , Adams' Run — General Evans. 17th Regiment of S. C. Militia, Col. DeTreville 450 1st " "" " Rifles, " Branch .400 Black'-s Squadron of Cavalry 350 Charleston — General Ripley. IGth Regiment of S.. C. Volunteers, Col. Elford 800 THIRD SESSION. 565 17th Regiiaent of S. C. Volunteers, Col. Means 650 Holcombe Legion, " Stevens 1,120 Lam-ens' Battalion, IMaj. James 325 Cole's Island, Col. Hagood 1,050 Lucas' Battalion ••. 96 James' Island, two Companies, Capt. Lamar 190 Fort Sumter, Maj. Wagner 561 Fort Moultrie, Infantry Regulars, Col. Dunovant 583 Sullivan's Island, " Orr 1,100 " " Lieut. " Moore 300 Coast Rangers, " Hatch 750 White's Battalion of Artillery, Maj. White 240 Christ Church, " E. Manigault 260 Georgetown — Colonel Manigault. 10th Piegiment S. C Volunteers, Col. A. M. Manigault ],140 Harllee's Legion 800 Cavalry 200 20,890 LIST OF TROOPS IN SERVICE, DECEMBER 30, 1861. First. — Those in service beyond the State : 1st Regiment S. C Vols Col. Hamilton 860 2d " " -Col. Kershaw 841 3d " " Col. Williams 1,066 4th' " " Col; Sloan.. 973 5th« " " Col. Jenkins 1,124 6th " " Col. Winder 813 7th " . " Col. Bacon 803 8th " " Col. Cash 819 11th " " Col. Blanding 896 Hampton Legion, " Col. Hampton 1,100 Calhoun's Light Battery Capt. Calhoun 84 Captain Mangum's Company •• 84 Captain Boykin's " ''^ Captain Shannon's " "'"* CaptainCoit's " 116 9,720 .566 APPENDIX TO THE Second — Those in service within the State : 1st Regiment S. C. Vols Col. Hagood 850 9th " " -Col. Heyward '... 761 10th " " Col. iManigault 1,120 12th " " Col. R. G. M. Dunovant.. 789 13th " " Col. 0. E. Edwards 764 14th " " Col. Jas. Jones 902 15th " "• Col. DeSaussure 813 16th " . " Col. Elford 713 17th " " Col. Means 783 Holcombe Legion Col. Stevens .1,120 Regular Enlisted Force 1,136 Regiment of Coast Rangers 750 Battalion of Rifles Lieut. Col. Moore 430 Squadron of Cavalry Lieut. Col. Black 362 Palmetto Battalion Major White 240 Manigault's Battalion Major Manigault 260 Lamar's Battalion of Artillery...- Capt. Lamar 196 Laurens Battalion ...Major James 391 4th 'Brigade Gen. DeSaussure.....' 2,407 Pee Dee Legion Gen. Harllee 800 Mounted Regiment Col. Martin 600 Caval ry Companies 275 Orr's Regiment of Rifles Col. J. L. Orr 1,030 Captain Boyce's Company 124 16,616 Third. — Those for and during the present war : 1st Regiment S. C. Vols Col. D. H. Hamilton 860 12th " " Col. Dunovant 789 13th " " Col. Edwards 764 14th " " Col. Jones 902 i5th " " Col. W. D. DeSaussure... 813 Orr's Regiment of Rifles Col. Orr 1,030 Battalion of Rifles. Lieut. Col. Moore 430 Squadron of Cavalry Lieut. Col. Black 362 Palmetto Battalion Major White 240 Manigault's Battalion Major Manigault 260 Lamar's Battalion of Artillery Captain Lamar 196 Captain Boyde's Company 124 THIRD SESSION. 567 Captain Mangum's Company 84 Captain Bojkin's " 78 Captain Shannon's " '63 Captain Coit's " 116 • _ 7,111 FouRTii. — Those for shorter terms of service : 1st Regiment S. C. Vols Col. Hagood 850 2d " " Col. Kershaw 811 3d " " ..." ...Col. Williams 1,066 4th " '' Col. Sloan...., .973 5th " " Col. Jenkins .- 1,124 6th " " Col. Winder 813 7th " " Col. B^con....^. 803 8th ". « Col. Cash ! 819 9th " « Col. Heyward 761 10th " " Col. Manigault 1,146 11th " " Col. Blanding 806 16th " " ■ Col Elford ,. 713 17th " " Col. Means !. 783 Hampton Legion, Col. Hampton 1,100 Ilolcombe Legion, Col. Stevens 1,120 Calhoun's ^ight Battery, , Captain Calhoun 84 Regular Enlisted Force of S. C 1,136 Regiment of Coast Rangers Col, Hatch 750 Laurens Battalion Major James 391 Pee Dee liCgion .Gen. Harllee 800 Mounted Regiment Col. Martin 600 Independent Cavalry Companies - 275 4th Brigade, S. C. M Gen. DeSaussure .2,407 20,251 568 APPENDIX TO THE REPORTS OF THE MILITARY COMMITTEE. The Committee on the Military, to which was referred a resolution to inquire into the expediency of increasing the powers of the Adjutant General, kc.^ beg leave to report : That they have duly consider!^ the subject, and are of opinion that the Executive of this State now has, by law, all the authority that seems to be contemplated by the resolution. The fourth section of the Act of Assembly, ratified 7th December, 1861, expressly .directs and empowers the Governor to organize com- panies into battalions and regiments, as are raised under its provisions, and order elections forthwith for field officers, &c. But as some doubts are entertained, as your Committee are advised, as to the time when sucji elections should be held, and the organization of companies into regiiuonts delayed in order to allow those desiring particular field officers to arrive and hold an election, by which some 25 companies now in camp are not yet so organized; your Committee are t)f opin- ion that the subjoined resolution should be adopted forthwith, in order to put the troops now in Camp HamptOTi on actiR'e service. They therefore recommend the adoption of the accompanying resolu- tion. Respectfully submitted, W. W. IIARLLEE, Chairman. Resolved, That it is the sense of this Convention that the Governor is authorized to organize such companies as report and are at their rendezvous, under the Act of 7th December, 1861,, into battalions and regiments as soon as sufficient numbers of them arrive to form the same, and that at this time the organization into regiments should be effected without delay, and the troops scut forward with the utmost promptness. » The Committee on the Military, to which was referred a resolution to authorize military officers *'to use promptly such force as may in their judgment be necessary to compel any person or persons to take THIIID SESSION. 5C9 arms for the defence of the State without beiug obliged to seek the aid of courts martial, " beg leave tfi report that they have had the mat- ter referred under consideration, and concur in the object of the reso- lution, inasmuch as in an emergency those belonging to organizations of State troops, by refusing to go with their commands, or leaving them and not returning, would, to a great extent, defeat the objects of any expedition or movement, if all the remedy were a court martial, which would only be fine or imprisonment. The officers in the Confederate service have the authority now, and constantly exercise it, to use force to compel the attendance of trocps mustered into Confederate service, and it is but proper that officers in State service should in this emergency possess such power, with respect to those who are enrolled in their commands and bound to perform duty therein, by the laws of the State. The resolution as referred to the Committee, however, they regard too general, and hence they recommend an amendment to the same in the following particulars : strike out " military " before officers, and insert after "officers" the words "commanding regiments, companies or detachments; " after the word persons insert the words "who may be;" after the words liable to, strike out " militia duty" and insert "liable to service in their commands ; " after the words defence of the State, strike out the words "and perform militia duty in some of the organizations of the State." The Committee beg leave to report the resolution so amended, and recommend its adoption, and when passed that the injunction of secrecy be removed. Respectfully submitted, W. W. HARLLEE, Chairman. Resolved, That all officers commanding regiments, companies or de- tachments, while in actual service, arc authorized, and so shall bo authorized, during the continuance of the present war, to use promptly such force as may be, in their judgment, necessary to compel any per- son or persons who may be liable to service in their commands to take arms for the defence of the State without being obliged to seek the aid of courts martial. 72 570 APPENDIX TO THE RESOLUTION To provide for the voluntary removal of negroes, &c. Resolved, That any person or persons willing immediately, or in anticipation of the order of the commission, to remove their negroes and necessary provisions for their support under the terms of an Ordinance entitled " An Ordinance to provide for the removal of ne- groes and other property from portions of the State that may be invaded by the enemy," be and the same are hereby entitled to receive all such aid, on application to the commission, as is prescribed by said Ordi- nance to be afforded to those who remove on notice ; and the commis- sion is hereby directed to afford the said aid, so far as the same may be espc^.ient or practicable; and further, that all means of transportation shall be afforded by corporations and private ferries under the terms of said Ordinance. THIRD SESSION. 571 EEPORTS OF THE COMMITTEE ON THE CONSTITUTION. The Committee on the Constitution, to whom was referred a resolu- tion of inquiry concerning; the offices of Comptroller General and Treas- urers, beg leave to report : That they have considered the luatter thus referred to them, and have concluded that it is inexpedient for this Convention now to inter- fere with it. They would not, if they were originating a government, entertain for a moment the scheme in a State so small as this, of hav- ing a double set of State officers — especially not two officers of the Treasury — so likely to lead to complication of accounts, confusion and loss. They acknowledge the seeming unfitness of an officer, created by the Legislature, being placed to control those to whom the Constitu- tion of the State has committed the administration of the Treasury. They believe that the strongest support of the present system is given by those who have interest in the multiplication of offices ; and they a-ecommend a careful examination of our whole Treasury system, both its organization and its actual administration, to the Legislature, to whom the law-making power belongs, and who can cautiously and deliberately effect necessary changes of our Constitution. But your Committee remember that this Convention has studiously abstained from making any, the least change in our Constitution, not demanded by that peculiar and perilous condition of our affairs, which has given origin and continuance to the Convention. They perceive that when the new State House shall have been finished, the blending of offices might be effected with more convenience and with greater safety to the public records. They hope that the public authorities will be careful, by removal or otherwise, to save the books and papers in all of the public offices from any imminent danger; and they are not so impressed with the sense of any evil now existing as to fear fatal consequences from delay in remedying it. They therefore beg leave to be discharged from further considera- tion of the subject. J). L. WARDLAW, Chairman. 572 APPENDIX TO THE The Committee on the Constitution, to w'nich was referred a resolu- tion to enquire and report on the propriety and expediency of suspend- ins, during the present war, the twenty-ninth section of Article first of the Constitution of this State, respectfully report: That they have had the matter under their consideration, and after mature reflection have came to the conclusion, that it would be unwise and inexpedient to suspend the said section for any period of time. Respectfully subn)itted, lUCIIARD DeTREVILLE, Chairman pro tcm. THIRD SESSION. 573 REPORTS OF THE MILITARY COMMITTEE. The Coramittee on the IMilitary, to which was referred a resolution to inquire if any and wliat legislation is required in the Surgeon Gene- ral's Department, beg leave to report that they have considered tho subject, and that inasmuch as the Confederate Government has charge of most, if not all, of the forces of the State in active service, and has hospitals established under Confederate Surgeons where troops aro posted, the Committee are of opinion that at this time no legislation is called for by this Convention ou the subject referred, and they ask to be discharged from the further consideration of the resolution referred to them. Respectfully submitted, W. ^y. HARLLEE, Chairman. January 2, 1862. The Committee on the Military, to which was referred a resolution to inquire as to the measures necessary to be adopted for the proper arming and equipping of the organization of Light Artillery raised in this State, &c., beg leave to report, that they have considered the reso- lution, and beg leave to report the accompanying resolutions, the adoption of which is recommended. Respectfully submitted, W. W. HARLLEE, Chairman. January 3, 1862. Resolved, That his Excellency the Governor be requested to collect, as early as practicable, all the valuable old pieces of Field Artillery belonging to the State, and have new modern carriages made for them, with caissons, and tho requisite number of traveling forges and battery wagons, and also, when practicable, to purchase as many new field pieces as, in his opinion, the State may require, and to hasten as 574 APPENDIX TO THE rapidly as possible all the preparations necessary for tbe complete equipment of the Artillery corps raised- in this State. Re&ohetl, That his Excellency the Governor be requested to furnish forthwith Col. White's Battalion of Light Artillery, at Wappoo Creek, with small arms for their use until equipped as Light Artillery. The Committee on the Military, to which was referred a resolution upon the expediency of providing a prompt method of collecting the public arms not in service of the State, of procuring arms from private parties, of repairing arms, and of ensuring the manufacture of arms, beg leave to report : That they have had the matters referred under consideration, and are of opinion, that in regard to so much of the resolution as refers to the collection of public arms in the State not in use, that the most eflFectual method they could recommend has been adopted by the Adju- tant General, as appears by his report accompanying the communica- tiou of the Governor to this Convention, which was that special agents had been appointed, and are still at work to collect the scattered public arms. That with respect to procuring arms from individuals willing to part with the same, your Committee are of opinion that the general power granted to and exercised by the Governor, to purchase arms, embraces that of procuring private arms. That your Committee are informed by the Adjutant General that all arms collected, and those needing repairs, are put in the hands of gunsmiths at once for repairs. To secure the manufacture of arms in the State, is in the opinion of your Committee, a subject of great importance. They have made inquiries on this subject, and have ascertained that such could be done, provided the State would make some advance to procure machinery, &c., for which security could be had, either to refund the advance or pay for it by the guns manufactured, and with the view of aiding in so advantageous an enterprise, they beg leave to report the subjoined resolution, and recommend its adoption, llespcctfully submitted, W. W. IIARLLEE, Chairman. Resolved, That the Governor be authorized and directed to make a THIRD SESSION. >sliment of system, the attainment of accuracy, and the enforce- ment of economy in the administration of military affairs. The system of regular and specific requisitions, according to form, for each month or quarter, was entirely neglected ; and henco, perhaps, the several bureaus, with one exception, were burdened with debt when I came into olBcc. The want of ca^h and punctuality in payment, made 588 APPENDIX TO THE prices higher to the State than to some other buyers and contractors. In some instances, as I am informed bj the heads of bureaus, purchases were made at a rate enlianced five per cent, on cash prices. This evil was socn remedied, by enforcing strict conformity to the rules of regu- lar, specific, monthly requisitions, and upon them, supplying the money for each mouth in advance. In this I was promptly and efficiently aided by all the officers under this Department. It was my desire to present accurately to your Excellency the condi- tion of affairs in the Military Department on the 1st day of January last, but, despite of the most unremitting exertions, I am not able to do so, because of the entire neglect of that system, order and ob- servance, and application of the regulations I have referred to. As drill and discipline are indispensable to fit the soldier for the field, so time, experience, and a thorough knowledge of approved forms, are equally essential to qualify the officer for his bureau, and the clerk for his desk. It is no reflection, therefore, upon your officers to intimate that, as citizens, aroused from the peaceful pursuits of an entire life, without the requisite experience, or superior guidance, they should be for a time embarrassed, and perliaps confused, by the suddenness with which the vast and multiform mi.itary interests of the State and country were pressed upon them. I have called your attention to this poiut, to account for any apparent deficiency in extent of inforuiation or accu- racy in detail during the period alluded to, and which it might have been in my power to avoid, and my pleasure to supply, if the bureau provisions of the Army llegulatious had been enforced from the date of secession to the establishment of this Department. I have another object, and the main one, which is to urge that these Regulations be strictly observed in the future, as they furnish the only plan whereby the fiaances of the State can be efiectuaily guarded, its resources prop- erly developed and economically applied, and full justice be always done to the soldier, by the State being ever ready to supply his wants. It gives me great pleasure to bring to your attention, and through you to the State, my acknowledgments for the many valuable sugges- tions, as well as hearty cooperation, of the heads of bureaus, in my en- deavors to produce order, efficiency and economy. I refer you to the numerous elaborate statements, exhibits, reports and accounts, made from their several offices, on file in this Department, as furnishing ample proof of the fact that their positions, at least, have not been sinecures. And while our hearts thrill with gratitude and admiration for the heroic achievements of our war-worn soldiery in the field, we must not forget FOURTH SESSION. 589 the silent, incessant and unapplauded toil of these officers, upon whose labor depends, in no small degree, the credit of the State, and the maintenance, comfort and efficiency of the army. Without fidelity and efficiency in the Quartermaster, Commissary and Ordnance Depart- ments, the genius of Napoleon would be brought to nought. They should, therefore, be considered as of the highest importance, and filled always and only with the ablest and most faithful and experienced officers. By a brief analysis, I propose to show, from the reports of the sev- eral bureaus, the extent of information they convey. It will exhibit their condition on the 1st of January and the 1st of July, 1802, embracing the first two quarters of the current year. I propose, also, to add, in appropriate location, the more important occurrences of the present quarter, and to the date of this report, and all other matters of interest in a military way, although not immediately connected with any of the bureaus. ADJUTANT AND INSPECTOR GENERAl/s BUREAU. First, the strength, condition and movements of our forces. From reports of the Adjutant and Tnspector General's Office, I have compiled a statement (in the Appendix marked B.), showing that on the 1st of January, 18G2, the troops from this State, under Confed- erate orders, were as follows : For the war 7,111 men. For shorter periods 20,251 " Aggregate 27,362 " Of this number, 4,082 were State militia, not mustered into Confed- erate service, leaving really in Confederate service, subject to Confed- erate control, only 23,280 men. It appears from the same report that there were at that time sixty-four companies of " twelve months volun- teers, for Confederate service," either in camp of instruction or under marching orders for it. The report contains nothing in relation to the condition of the militia of the State. Upon assuming the duties of this Department, I found the militia of the State virtually disorganized. The causes were manifest, and may be stated as follows : First, the heavy drain which had been made upon it. Including the sixty-four companies in process of formation, esti- mated, say at 5,000, with the 27,362 already in service, there was then au abstraction of its strength of 5ome 32,362 men, more than half of 590 APPENDIX TO THE our arms-bearing population. Second, the indisciiniinate recniiting actively going on, by special authority from Richmond, by officers in service, to fill up their ranks, by calls from the State to complete requi- sitions not fully answered, and by consequence of the Act of Decem- ber, 1861, vacating all commissions under the grade of General, with the exception of volunteer companies in the 4th Jirigade S. C. M. At this time, also, there were regiments and companies in the field, so scant in number as to make it proper to relieve them, for the purpose of reorganization ; and there were hundreds in camp, and some in front of the enemy, without arms of any kind. On the 2d of February last, the Secretary of War made a call upon the State to filU up the quota of troops enlisted for the war, to an amount equal to "six per centum of the total wliite population." Assuming our population to be 300,000, the quota would be 18,000 men. The Secretary supposed we had furnished, up to that time, about 6,000 men for the war, and called at once fur five more regiments, expecting to make up the remainder by rcl'ulistmcnt among the twelve months volunteers. Being satisfied that he had under-estimated the number of men, both for the war and for twelve months, I called oathe Adjutant and Inspector General for a report, setting forth the facts. That re- port was made on the 20th of February, 1862, and exhibits for the war 9,340 men, and for twelve months 21,321 — total 30,670, sent into Confederate service. (See my report in Appendix, marked D.) Before the letter of the Secretary reached your Excellency, 1 had repaired to Charleston, in answer to several pressing calls connected with the military condition of the State, and with the duties of my office. While there, I conferred freely with the Confederate General in command of that District, with General Gist, and communicated with General Lee, on the various necessities of our military condition. Under instructions of the Governor and Council (see accompanying papers. No. 1), I issued orders for the reorganization of the 4th Brig- ade, S. C. M., as one of the readiest means of obtaining immediate aid to meet threatening dangers. With the Adjutant and Inspector Gene- ral, I considered and discussed the best mode of permanent organiza- tion of the militia, to meet promptly whatever demands might be made upon us. (See report — accompanying papers. No. 2.) On my return, about the 12th of February, I found the rc(juisition of the Secretary of War, of which your Excellency had prcviouj^ly sent me a copy. My first step, under the authority of the Governor and Council, was to isj-ue appeals to the army of the rotomao, to the twelve months troops FOURTH SESSION. 591 in this State, &c., to cliange the term of their enlistment from twelve months to the war. (Sec accompanying papers, No. 3.) The report of the 20th of February, already referred to, disclosed the fact, that although the troops for the war exceeded the esti- mate of the Secretary, still they were far below the quota required of the State. To meet this deficiency in the quickest and most effectual way, as well as to establish a system of reserves, to answer promptly all demands in future, on the 7th of March, 1862, the Governor and Council adopted a scheme prepared by the Adjutant and Inspector General Gist, in conjunction with myself. It was a system of enroll- ment and conscription. (See accompanying papers, No. 4.) The only patent defect in the scheme, is the clause of exemptions. The wisdom of the measure must be proved by its results. Under its stimulus, volunteering took place with such alacrity that our skeleton organiza- tions were rapidly filled, and new formations made. There was no necessity for drafts any where in the State for Confederate service, ex- cept in the City of Charleston, where the Adjutant General encountered every species of harassment and delay. (See accompanying papers, No. 5.) On the 28th of April, 1862, the State had not only furnished the five regiments called for, but had exceeded the quota by four thousand and sixty-four men, as appears from the report of the Adju- tant and Inspector General of that date. (See Appendix, C.) Our conscription rolls had been completed, and the process of organ- ization and transfer was going on, when, on the 16th of April, 1862, the Confederate Congress passed its Conscription Act. This law, taking from the control of the State all of its arms-bearing men between the ages of eighteen and thirty-five, threw our militia and con- script reserves again into confusion; in fact, entirely destroyed the latter organization. The history of Forts Beauregard and Walker — the condition in which the State then was — pitiably weak and unprepared — excited, confused, and at the mercy of a bold and daring invader — gave us a lesson which we would be criminal to forget, or fail to im- prove. It became, therefore, necessary for us to adopt a new scheme, and that speedily, to insure our protection. Accordingly, on the 24 th day of April, 1862, I had the honor to submit to the Gover- nor and Council a plan for the organization of two corps of reserves — one for active duty in the field, the other for police and patrol duty. (The resolutions, regulations, orders and other papers relating to the subj ect, will be found in the accompanying papers, No. 6.) I am 592 APPENDIX TO THE happy to state that we have, of the first corps, ten regiments, fully or- ganized and oflSccred, besides one company of mounted rifles, and othera forming. It is believed that from them we could throw five thousand effective men, at short notice, into the field, to check the enemy until our Confederates could appear. We have ammunition and arms of good quality — many of them the most approved kind — sufl&cient in number to arm the whole. The Conibahce Eangers, organized under resolution of the Governor and Council, have been accepted, and are now in the special police and military service, for which they were organized. According to my information, they are rendering useful and valuable service. Some insubordination, in the first corps, has occurred in several Dis- tricts, namely, in Marlboro', York and Lexington, the causes of which, and tlie means taken to reduce it, will be spoken of hereafter. From the report of the Adjutant General, of this date, it appears that the troops from this State, sent into Confederate service, are as follows : Infantry — Twenty-eight regiments, two legions, eight battalions, two companies. Artilhrt/ — Two regiments, one battalion, eighteen companies. Cavalry — Two regiments, five battalions, seven companies. Total — Thirty-two regiments, two legions, fourteen battalions, twenty- seven companies. Making an aggregate of forty-three thousand men contributed by the State to the public service. (See Appendix, E.) While engaged in anxious labor to uphold the credit of the State, by responding to every just demand, and to defend her honor and maintain her interests, we were startled by the intelligence of the purpose of tho Confederate General to abandon the control of the approach to George- town, and thereby throw open all that valuable region to the invasion and ravages of a ruthless enemy. Protests and expostulations were immediately made against it. General Ilarllee was sent at once to General Pemberton, to couimunicate with him on the subject, and to enforce, by a personal interview, the wishes and opinions of the Governor and Council. Upon his return, (General Ilarllee made a verbal report, stating that General Pemberton declined to annul his order for the abandonment and dismantling of the forts, but intimated his intention to leave such troops in the vicinity as the exigencies of the service elsewhere would permit. The President was addressed on the subject, FOURTH SESSION. 593 and I asked him for guns, that we might undertake the defence our- selves. I believed then, and I believe now, that the region could have been successfully protected by us against the inroads and raids of the enemy, even if totally abandoned by the Confederate General. Gov- ernor R. F. W. Allston was the bearer of the coniniunication to the President, and succeeded in obtaining two fine rifle guns, with equip- ment and ammunition — one a six pounder, and one a twenty-four pounder — which were receipted for and deposited at Florence, subject to the order of General Harllce, whose report (see accompanying papers, No. 7) will show how they were finally disposed of. To use the guns and other arms wliich we had to meet the emergency, a call was made for one thou.';an J men — subsequent!}^ reduced to five hundred — to be taken from the 4th Division of South Carolina Militia, and from two adjacent regiments in another. General llarllce was appointed by the Governor and Council to organize and command them. Accordingly, orders were issued to him to assemble the Colonels of the several regi- ments indicated, and arrange with them the proportion and manner of supplying the call, either by volunteers or by draft, if neces.sary. All the necessary ordnance, Quartermaster and Commissary supplies were immediately ordered to the points indicated by General Harllce, where they were received. Nothing was wanting but men. The orders is- sued by General Harllee, now on file in this Department, and referred toby him in his report, show that there was no want of eifort on his part to accomplish a work so important, and for which he had mani- fested so much zeal. It is with pain, sir, that I state to you the fact, that while the men were in the country, the spirit was wanting. Very few volunteered, and it became necessary to resort to a draft. Even this was eluded, to a great extent, by the rushing of those who were liable into Confederate service ; many among those who submitted to the draft refused to obey the orders of General Harllee j some took to concealment, while others stood in open defiance of the law; others, again, became predatory outlaws, and threatened acts of violence and robbery in the vicinity of the few troops which did assemble at Stone's Landing, on the Pee Dee. This state of things demanded the imme- diate attention of the Governor and Council. Ry their direction, the proper orders were issued, copies of which will be found in the ac- companying papers (No. 7 a). Some of the recusants were seized and put into prison ; others warned and summoned for trial before a court martial. Rut the court itself seemed to have been inadeqtiate to the conception or performance of its duty, and the defaulters escaped. 75 594 APPENDIX TO THE Perhaps it may be well to inquire into the supposed causes which produced this unhappy and disgraceful state of affairs. I do not be- lieve that the body of the people in that section of the country were unpatriotic, or inclined to the disobedience of lawful authority. I feel otherwise, for from that very quarter a full proportion of gallant sol- diers have been sent to the field in Confederate service. But the time of the call was unpropitious to the agricultural interest ; the country to which they were ordered was supposed to be unhealthy at that sea- son. The activity, and most of the energy, had been already extracted ; the love of ease, convenience, and the desire to pursue ordinary voca- tions, had their full influence among those who remained. Still, I be- lieve these would have been overcome, but for the fact that there were some leading men, disaffected to the existing Government of the State, who seized upon the facts I have mentioned, and endeavored to poisoa the minds of the people by inculcating the idea that the authority from which the orders emanated was unconstitutional — that the Convention of the people of South Carolina was without lawful existence, and with- out power. They were stimulated and supplied with noxioMS pabulum, through the channels of an uninformed press. All have stricken at the sovereignty of the State. Thus, sir, were ignorance, indolence, selfishness, disaffection, and, to some extent, disappointed ambition, comlioed, and made, unwittingly, to aid and abet the enemy, and, in like manner, to become the coadjutors of Lincoln and all the hosts of abolition myrmidons. It is believed that in this way, and by such influences, the Execu- tive authority of the State was frustrated, and prevented from securing from devastation one of the finest and richest portions of our country. The abandonment of the forts and the region about Georgetown, by the Confederate Government, came upon us at a most inauspicious mo- ment. All the troops we had then organized were, but a short time before, transferred to the Confederacy, to fill up the quota required by the Secretary of War ; and all the conscripts we had then enrolled, and from among whom we could have raised a force ample for the de- fence of our eastern coast, were, at the very moment of need, swept from us by the Consciiption Act of Congress. In this connection, permit me to inform you that there are certain recusant Captains, who mock at the power of the Convention, and pre- tend to defy the Executive authority which it has instituted for the exigencies of the war. (See accompanying papers. No. 8.) It is hoped that calm reflection and a returning sense of what is due to the FOURTH SESSION. 595 State, in her present emergency, will render unnecessary an appeal to the higher powers of the law. But if this hope shall prove fallacious, then I trust your Excellency and the Council will approve of the mea- sures I have prepared to reduce them to obedience, to vindicate the majesty of the law, and to uphold the outraged dignity of the State. I ask leave, also, to submit, for the inforniation of your Excellency, as part of the proceedings of my Department, the telegrams from the Miiyor of Cheraw and General Prince, commanding 7th Brigade of S.- ('. M., in relation to the expected advance of the enemy's gunboats up the Pee Dee River ; the authority I gave them at their request ; to the protest of many of the worthy citizens of Marlboro' District, against the proceedings of General Prince ; and my reply to the said protest. (See accompanying papers, No. 9.) The question of exemption from military service, and the seeming conflict between the State and Confederate law on that subject, was a source of some embarrassment, and made heavy drafts upon our time and attention. The exemption of overseers — a matter so important to the agricul- tural interests of the State, and so essential to a proper system of police — the Convention saw fit to confide to the Adjutant and Inspector General of the State. But the exemption of all other classes was left exclusively under the control of the Governor and Council. Finding that much anxiety prevailed on the subject, I caused the Adjutant and Inspector General to issue a notification to all concerned, that those who held certificates of exemption from the State authority, would be protected under them. Subsequently, and on the 3d day of April, I addressed a letter to the Secretary of War, at Richmond, rep- resenting the importance of the matter — suggesting a plan whereby all difliculty could be avoided, and urging the exemption of overseers and military cadets. The reply of the Secretary was not satisfactory. In the latter part of June, and early in July, when I was charged by the Governor and Council to represent the interests of the State in Richmond, I brought the subject, among other matters, to the attention of the Secretary, and again urged upon him its importance. I stated to him, that if there was one great leading principle which distin- guished the original contest between the Confederate and the United States, it was the difi"erence between them in relation to the sovereignty of the States. We warred to maintain the sovereignty and equality of each and all of our States, while they endeavored to obliterate tho States and consolidate a despotic empire ; that the Governor and Coun- 596 APPENDIX TO THE cil must be governed by our view of the principle in insisting upon the exemption ; that we were but the agents of the Convention, which represented the sovereignty of tlie State, and which had imperatively commanded the exemption of overseers in stated cases; that for us the Ordinance of the Convention was paramount law, and that we owed it to the sovereign power to insist — we had no alternative. The Secre- tary, of course, could not alter the law of Congress, but assured me .there should be no conflict — that he had instructed his officer charged with the subject, to protest in cases where the State insisted, and send up the matter to Richmond. The question now has taken that turn, where it rests for the present. (Sec accompanying papers, No. 10.) The power of appointment to office in the organizations known as the Eegular Artillery, Infantry and Cavalry of South Carolina, has pre- sented another vexed question, causing much correspondence, and some conflict. The power, for what seemed to be sufficient reasons, though not admitted to be in the President, was finally transferred to him. For full information on this subject, I refer you to the papers which accompany this report. (See accompanying papers, No. 11.) In obedience to the resuiutious of the Governor and Council, I cor- responded with the Confederate General commanding in South Caro- lina, in relation to guards for the railroad bridtjes and trestles in this State. It will be seen that he declined to make a detail of men for that purpose. (See accompanying papers, No. 12.) The defence of the City of Charleston has been, to us all, a source of constant solicitude. I have looked with deep interest, and some anxiety, on the preparations, material and progress of the defensive works. By request, I have ventured suggestions, and by authority of the Governor and Council, I have had correspondence and personal interviews with the l^residcnt and General Cooper, in Richmond, touching all these subjects. Of my official visit to Richmond, I made a verbal report to the Governor and Council, which, under all the cir- cumstances, I trust your Excellency will hold to be sufficient. I found the President, the Secretary of War and General Cooper keenly alive to the importance of an efiectual defence of the City and State, and willing, at all times, to do all in their power to advance our wishes and interests. From the President, I am able to tender the State, through you, the assurance, that when the day of trial comes, he will not be unmindful of his duties — nor grudging nor slack in his performance of them. (See accompanying papers. No. 7 b.) Being impressed with the inadequacy of the communication between FOURTH SESSION. 597 Charleston and James' Island, as well as between the city and the forts in the harbor, I directed Mr. J. R. Niernsce, who was engaged in building fiats to transport stone for the Santee obstruction, so to in- crease his force as to enable him to build a suflScient number to estab- lish an easy and adequate communication between White Point and James' Island. He has experienced great difficulty in procuring either material or labor. The work, therefore, is for the time suspended. I submit, however, that it should not be permanently discontinued. The gallant defence at Secessionville has saved the city, 'i he brave and indomitable Lamar, and his gallant comrades, while winning renown and immortal honor for themselves, have placed their country under obligations of lasting gratitude. The defeat of the enemy at Secessionville, and the great victory before Richmond, have obtained for us a short respite, which I trust will be properly improved. As germain to the subject, I ask leave to state the connection of this Department with the vexatious question of impressment of negro labor. It began with correspondence with General Ripley, in Charleston. On my return to this place, on the Gth of February, 18()2, I had the honor of proposing to the Governor and Council the following resolution : ^^ Resolved, That it be referred to the Chief of Justice and Police, to inquire into and report on the propriety of lescinding, suspeuding or modifying any Act or resolution of the General Assembly of this State, giving power to the Governor and commanding General or Generals of the Confederate States, in South Carolina, to impress and seize, with- out notice, the negroes and other property of the citizens of this State; also, upon the expediency of adopting such resolutions as will at the same time procure prompt and cfiicient labor to the Confederate Govern- ment in this State, and protect the citizens from unnecessary irritation or injustice." It was not acted on, for some good reason, I suppose, probably b> causc we were induced to believe that each call would be the last. This Department after that had no connection with the subject. Sub- sequently, it was considered by me only as a member of the Council. My communications on that subject will be found in the accompanying papers (No. 13). I ask attention to the correspondence between Gen. Jiipley and myself, a.s early as February last, to show that the Confed- erate conjmanders did not then contcniplate the present magnitude of 598 APPENDIX TO THE their works, as I have recently aflBrnicJ, in my communication to tbe Commissioners of Roads for Abbeville. Early in July last, information was received from General Pemberton, announcing the advance of the enemy's pruuboats up the Santoe, and asking for State troops to defend the railroad bridge across that stream. Adjutant General DeSaussure was immediately despatched to organize the force called out, and conduct the movement. For an account of his proceedings I refer to his report, herewith sent, (See accompany- ing papers, No. 14.) The Legii^lature, at its extra session in ISGl, appropriated the sum of twenty thousand dollars for recruiting and reonlisting the regular forces of the State. And again, in December, at the regular session, by resolution, authorized the Governor to apply the additional sum of fifteen thousand dollars to the same purpose. What proportion of this sum was expended before the formation of this Department, I have no means of ascertaining. Since that time seventeen thousand dollars have been expended, or remittjd to the following officers: To Major Thomas Wagner 312,500 To Major J. C. Simkins 2,500 To Captain T. li. Fer-usou 2,000 ^17,000 All returns of moneys spent are made and vouched at the Depart- ment of the Treasury, and as none have reached me, I refer you to the Chief of that Department for further information. I believe, however, that there has been no regular return, except by Major Simkins. QUARTERMASTER GENERAL's BUREAU. For the condition in which this bureau was found, for the changes in its organization, I had the honor to suggest, in order to make its operation lawful, efficient, and more economical, I ask leave to refer to a report made by me in Februar-y last. (Sec accompanying papers, No. 15.) The returns made in obedience to orders from this Depart- ment show that, notwithstanding the heavy payments made during three months, from the 1st of October, ISOl, to olst December, 1801, amounting to ^070,177 17, this bureau was, on the 1st day of January, 1802, burdened with a debt of nearly §170,000. It was consequently trammeled in its operations. It might have been profitable, if it had been po.ssible, to pursue the investigations through a period anterior, FOURTH SESSION. 599 but this could not be done, because I have failed to obtain any satisfac- tory records or returns, or any showing whatever, previous to the ad- ministration of the lute Col. Glover. And even from these I am unable to collect that detailed information on some points which it was desira- ble to present in this report. There is, however, sufficient evidence to show that a large part of this heavy expenditure was made on account of the clothing department, established under the order of your Excel- lency, in September, 1861. Should the amount due for clothing ever be collected, it will properly go to the credit of that outlay, as should also a due proportion of the issues of the present ytar, and of the stock on hand on the 1st day of July, 1802. The cash transactions of the first two quarters of the current year, as condensed from the returns on file in this Department, exhibit the following results : (See Appendix, F.) Keceipts from all sources, from January 1 to July 1, 1862. .^274, 522 05 Expenditures for all purposes 209, 'f02 29 *Palanceon hand July 1,1862 P4,819 76 Of this balance, $30,000 are held in thirty several Confederate bonds, bearing 8 per cent, interest, which I directed the Quartermaster General to take in payment for sales made to the Confederate Govern- ment. The annual interest of these bonds will more than pay the salary of the Quartermaster General. Of the expenditures, ^169,047 56, more than three-fourths of the whole amount, were required to meet the liabilities incurred before this Department was established, leaving the comparatively moderate expenditure of ^70,654 73 for the transac- tions of the current year. This sum includes the cxtraordlnury expense of removing the bureau and stores from Charleston to Columbia. The changes in the bureau force, suggested in my report referred to, and authorized by the Governor and Council, have been made. The results, as exhibited in the Appendix (marked G.), show a reduction of more than half in the item of salaries, an annual saving, when compared with the highest expenditure, as shown in the account, of §8,305 60, • Balance on liaiul .Tiily 1 *:;4,S19 76 Receipts during July .'io,(i.'>5 19 $89,874 95 Expenditures during July fi,484 42 Balance on hand 1st of August, 18C2 $83,390 53 600 APPENDIX TO THE and when compared with the lowest, an annual saving of S6,205 60. Notwithstanding this effort at economy, the operations of the bureau have been conducted with a vigor and prouiptitudo fully adequate to any demand which has been, and, it is believed, which may be made upon it. It is now entirely free from debt, and I have no doubt that its efficient condition will not onl}' be sustained, but increased, by the able, energetic and experienced chief now at its head. Exhibit II, in the Appcndi.^, is an ab.--tract of the purchase and issue of leading articles from the 1st of January to the 1st of July, 1SG2. Id my report of the 7th of February last (before referred to, as No. 15, accompanying papers), I called the attention of the Governor and Council to the fact, that the mode of supplying clothing, &c., to the soldiers, was not in accordance with the Act of Congress, passed August, 1801, and by dealing with the captains of companies instead of directly with the Secretary of War, as the law provides, I feared would occasion great loss to the State. I stated that I did not discon- tinue the system at once, because our interests had already become entangled with it, but I urged such discontinuance at as early a day in the future as they would permit. The results of the system are more disastrous than I then thought possible. Although the returns indicate a large increase in the col- lections for clothing sold, as will be seen in exhibit F. (before referred to), still, on the 1st day uf July, ISO'i, there was due by officers for clothing thus sold them, the sum of 8127,288 9i, and it is presumed that no considerable portion of this amount will ever be collected, as the frequent changes occurring from death, transfer, discharge, promo- tion, &c., will render the most untiring efforts for that purpose un- successful. IJut this loss, large as it is, does not cover the question. The ad- vanced price of clothing material has rendered the fifty dollars commu- tation allowed the soldier for clothing inadequate, as will be seen by reference to a tabular statement accompanying the report of General Jones on this subject. (It is appended, marked I.; also, see the ac- companying papers. No. 16.) From this statement it appears that, by pursuing this system to the same extent as heretofore, and with half the number of men we have now in the Held, the State would lose, in one year, the sum of nine hundred and forty thousand dollars, even were we able to collect every dollar of the commutation money. The risk of this enormous loss, as well as that actually sustained, was en- tirely unnecessary, in my judgment, as the Act referred to provides, FOtlRTH SESSION. 601 '' in case any State shall furnish to its troops and volunteers in the Confederate service such clothing, then the Secretary of War is re- quired to pay over to the Governor of such State the money value of the clothing so furnished." . Such being the case, I have directed the Quartermaster General to discontinue the system in its present form, but obtained the authority of the Goveraqr and Council to continue the traveling agent in Virginia for the present, with a view of making fur- ther collections, if possible. In accordance with the resolution of the Governor and Council, adopted the 28th of April, 1862, I have appointed Gen. James Jones a commission to inquire into and report upon the m«tter of .future sup- ply of clothing for all our troops. I have his report now before uie. In obedience to the resolution of the 8th of August, 1862, I have ordered all the officers therein named under bond. COMMISSABY GENERAL's BUREAU. I found this bureau in admirable condition, and in the hands of the efficient officer now at its head. The stores on hand were, in some re- spects, limited, but measures had been previously taken to increase them largely. * ' . The cash transactions for the. present year arc shown in the Exhibit marked J., in the x\ppcndix. They present the following aggregate results : Receipts from aU sources 8152,952 44 ' tlxpenditures for all purposes .*'. 132,090 23 Balaficoon hand the 1st of July, 1862 §20,256 21* Exhibit K. shows the cost value-of stores on hand on the 1st day of July, 1862, to be §117,241 21. Their present market value is more than double that amount. This statement does not include the heavy stores of beef and bacon cured and packed in the upper Districts, by Mr. RobeH Adger. The correspondence in this Department shows that this patriotic citizen, failing to receive any authority or guarantee from the State, upon the earnest assurance of Colonel Walker^ the Com- missary General, that he deemed the measure of vital importance to the welfare of the countryj as.'^umcd all the risk, advanced (he funds, and devoted his time gratuitously to the purchasing, slaying, curing and packing of beeves and hogs, to the extent of more than one hundred 70 % 602 APPENDIX TO THE « tons in weight, which he placed at the control of the State. Such con- duct, in these times of extortion, stands out in bold relief, and merits, as it will receive, the admiration and gratitude of his country. The Commissary General, while receiving this valuable contribution, is now engaged in settling the account of ^Ir. Adger. Exhibit L. will show the leading purchases, issues and balances for the present year. From statement J. it appears that the Confederate Commissaiy has been, to a large extent, supplied from our stores. By reference to the orders and correspondence (see acco'uipanying papers, No. 17), it will appear that I ordered a temporary discontinuance of these sales, for reasons assigned, giving to the Commissary General dis- cretion to resume in conformity to tho^ general purpose*! had in view. This measure was attemied with very favorable results, inasmuch as heavy stores, in consequence, were purchased by the Confederate Gov- ernment from the Sea Islands and abandoned and exposed plantations while the State was thus enabled to husband its already secure supply, to meet unforeseen contingencies. The accompanying papers (No. 18) will show that I ordered the col- lection and purchase of three thousand casks of rice from exposed re- gions, and afterwards, by authority, duplicated the quantity. Owing to the extravagant prices demanded for provisions, I have deemed it expedient to inBtruct the Commissary General to supply the Commissaiiat of the South Carolina Military Academy with stores at cost prices, thereby effecting a large saving to the State, without im- pairing our resources to any appreciable extent. From time to time our stores have been carefully inspected, and fQ- ported in good condition. The one hundred and eighty-six sacks of salt, seized in Cheraw last fall, by the order of your Excellency, was, by authority, sold as directed in my order. (See accompanying papers, No. 19.) I have, also under authority, directed the Commissary General to, distribute the eighty sacks of ocean salt we have on hand to the Sol- diers' Relief Associations of the several Districts, to be sold in small quantities, at cost, to the families of our soldiers in service. The upper and more populous Districts have received the first supply, and we expect to send, as fast as it comes to hand, a due proportion to each District in the State. I have purchased, for the sum of four thousand live hundred dollars, a large brick store, for the. use of this and other Departments. The purchase is a good one, and the title is in the State. FOURTH SESSION. 603 The building can now be sold at a large advance, if the State desires to sell. ■ ' • Exhibit L. also shows the locality of the stores, &c., where they are deemed safe. Notwithstanding the heavy expense of transporting them into the interior, there has been a considerable reduction in the bureau expenses. SURGEON general's BUREAU. This bureau, in charge of the Surgeon General, has not been organ- ganized in accordance with the plan suggested in his report (see ac- companying papers, No. 20), because we have had no large bodies of organized forces in State service. Should, however, the Confederate Government leave our present organization undisturbed, it might be well to consider and act upon the suggestion of this officer. The cash transactions have been as follows : Received from Treasury, under appi'opriations of the Leg- islature '. 32,00(f 00 Expenditures on Hospital account, as per vouchers filed in this office , 763 12 Balance on hand §1,236 88 At the suggestion of the Surgeon General, I issued an order, in July last, directing the establishment of a Way-side Hospital at Kings- ville; since which date it has, under temporary arrangements, dis- pensed its benefits to the sick and wounded soldier«on the way. I am happv to be informed, by the Surgeon General, that the permanent -hospital buH/iing is nearly ready for occupation; and with the facili- ties now at our command, we have good reason to hope that the suf- •ferings of the soldiers in transitu will be greatly alleviated. In the latter part of March, I obtained the authority of the Gov- ernor and Council to transmit, by the hands of a trnsty agent, exchange on Europ'e for the purpose of replenishing our exhausted medical stores. We have quite recently received the bulk of our purchases safely, and 1 trust that ihe Surgeon General will have it in his power to open and report upon them before this report is closed. From the supplies re- ceived, I have directed him to sell to our soldiers Id service an half- ounce of quinine each, at one-half the current rates. 604 APPENDIX TO THE PAYMASTER GENERAL's BUREAU. This bureau, like that of the Quartermaster General, was burdened with pressing claims. The troops called out by your Excellency, in November, 1861, and placed under the command of Confederate officers, althoucb never regularly mustered into Confederate service, being all the time, however, actively employed under Confederate authority, it was lioped that the Confederate Government would pay them; this it failed to do, and our unpaid soldiery became clamorous for their pay. Immediately after taking charge of my Department, I presented these facts to the Secretary of War, who replied that the State must meet these claims for the present, and leave the matter for future adjustment with the Confederate Government. I then, under authority, instructed the Paymaster to prepare estimates. The operations of this bureau have been principally confined to the examination and settlement of these claims. The cash transactions, exhibited in the Appendix (marked M.), show the following aggregate resiflts : Keceipts from all sources, to 30th of June §57,788 89 Expenditures for all purposes " " " 54,405 23 Balance on hand the 1st of July $3,389 66 The Paymaster General has no clerical force in his bureau, and has faithfully discharged the duties of his ofiice. engineer's liUREAU. The State has no organized Bureau of Engineers, nor any Engineer corps; but under this head I may refer, with propriety, to several re-. connoissances made under my instruction. (See accompanying papers, No. 21.) With a view to obstruction and defence, in* February last, I caused a reconnoissance to be made of the Santee and Pee Dee rivers. The first was conducted by a commission composed of Messrs.- John L. Manning, John R. Niernsee and John Macrae. It .was thoroughly done, as will appear by the report of the commission, herewith sent. The obstruction in the Santee was not iu)mcdiatcly begun, as it was not deemed, at that time, necessary — the enemy not then being in pos- session ot any gunboats of draft light enough to pass the bar at the mouth of the river. Not feeling easy, however, for the safety of the FOURTH SESSION. ' 605 railroad Bridge across, that stream, and of the plantations below, I di- rected the obstruction to be made some time in May last. It is not, however, sufficient, and I .am now prepared to make it of a character so formidable that no boat can pass, provided it is defended by a bat- tery and a few rifles. The direction of the work will be under Mr. Niernsee, in whose engineering skill and ability I have great confi- dence. This obstruction is belo\f Lanneau's Ferry, and will guard both the Congaree and Wateree rivers. The recoanoissance and obstruction of the Pee Dee river were in- trusted to a commission consisting of Generals Harllee «and Gonzales, Mr. Gcddcs.and others. This obstruction, at Stone's Landing, on the Pee Dee, has been complete for many nionths. The work was promptly and energetically done. It is supposed to be adequate, and is guarded by, a battery and some infantry. For further information on this sub- ject, I refer your Excellency to the report of General Harllee, which is herewith sent. * 3'he cost of the reconnoissances was but small— the gentlemen of the conimission charging «nly their personal expenses. The obstruction on the Pee Dee cost us, according to the report, four thousand four hundred and twenty-six dollars. Tb-at on the Sautec is not complete, but we suppose will not cost more. I caused still another reconnoissance to be made, which was, of the mountain passes leading to this State from Tennessee, North Carolina ind Georgia. This was perforujed by Messrs. J. K. Niernsee and John ;^^acrae. It may yet prove very useful. For the manner in which it was done, and for full information on the subject, I take great pleasure in referring you to the elaborate report of these gentlemen, herewith sent, and to the beautiful map which accompanies it. The entire cost of all the reconnoissances and obstructions, as far as rendered, will be seen to be comparatively small. (See Appendix N.) Expenditures 35,458 33 Cash drawn from Treasury 5,458 33 ORDNANCE BUREAU. On assuniing the supervision of this bureau, I discovered that its Inrge stores of ordna'nce and small arms had been scattered broadcast over the'Confcderacy, and its eflaciency much injurtd by an irregularity which I will notice hereafter, and of which the able officer in cliart;e complained. As the best method of presenting its condition, I propose a brief review of the operations of 1801. A tabular statement, pre- 606 APPENDIX TO THE pared from reliable data, furnished by the laborious invQstigations and elaborate reports of Major Eason an'l Captain Thomas, is hereto appended (marked 0.), and shows the follo^ying results: Heavy Ordnance — On hand Docerober, 18G0 103 • Purchased from Tredegar Works in 1861 10' 113 Issued : lUO On hand the 1st of January, 1862 13 Field ArtiUtry — On hand Deeember, 1860 66 Donated by Messrs. Eraser & Co 2 " " P. C. J. Weston and C. K. Prioleau, leach :...... 2 -— 70 Issued 52 On hand 1st of January, 1862 18 Muskets and Rijlcs — On hand December, I860*.. 27,407 Bought by order of Governor Gist... 4,h50 ^32,257 Issued or unaccounted for 29,086 c^l71 Deduct condemned, " Irreparable" 4o2 On hand the 1st of January, 1862 k.. 2,719 Of f'ide arms, two thousand two hundred and seventy-one pistols, and two thousand three hundred and thirteen swords aq.d. sabres, had been distributed, leaving none of the former, and only three hundred and thirty-five of the latter, on hand the^lst of JanQary, 1862. Fuwder — On hand December, 1860, pounds of, 20,400 Purchased in 1801 417,550 437,950 . Issued 373,897 64,053 Deduct old and damaged 4,843 On hand 1st of January, 1862, pounds of, 59,210 From the statistical tables (accompanying papers. No. 22,) it ap- pears that a large proportion of these issues were sent beyond the FOURTH SESSION. 607 limits of the State, to various points in Tennessee, Florida, Georgia, North Carolina and Virginia. With reference to the irregularity in the bureau, of which I have spoken, I submit the following extract from the able report of Major Edward Manigault to the Board of Ord- nance, made November 21st, 18G1 : . . . * . . " There is one crying evil whicli I must state broadly and distinctly. The Arsenal Keepers in Charleston and Columbia arc instructed to issue ordnance and ordnance stores on the order of the Governor, or his Adjutant General; on that of the Board of Visitors; on that of the Board of Ordnance, through their Chairman ; on that of the Chief of Ordnance, and to the Major General of the Militia commanding the division in which the arsenal is. Wliatever the precise instructions may have been, there is no doubt this has been the practice." In con- sequence of this irregularity, it became necessary to give the ordnance officer an order not to issue any ordnance or ordnance stores without the express order of this Department, or of the Governor and Council. The weakened condition of this mosW important branch of our mili- tary strength was more deplorable, because existing at a time when the enemy, flushed with having successfully established himself at Port Eoyal, was arrogantly threatening our speedy subjugation. Prompt and efficient action was required to place this bureau in a condition of adequate supply. * At the first meeting of the ExecutiVc Council, on tlve 9th of Janu- ary last, I had the honor to propose the resolution then adopted. (Sec accompanying papers, No 23.) Under its provisions, I forthwith pub- lished a call for the collection and return of State arms and equipments, inviting those who had more than one rifle or double- barrel gun to send them to the Department, to be paid for at a fair valuation. I corres- ponded with parties of known energy and prudence, authorizing them to collect public arms, and purchase eff'fictive weapons in private hands, and appointed Captain T. W. Radcliff'e General Agent of the State for that purpose, giving him authority to appoint sub-agents, under instructions. The result of this movement was not only to secure some hundreds of serviceable rifles and double-barrel guns, but also to gather into the State Arsenals several thousand public arms and accoutrements, nearly all of them serviceable, or susceptible of being rendered so, and four light bronze field pieces, with equipments. In addition, valuable dona- tions of small arms, lead, brass, &c., were made by patriotic citizens ; and various congregations and corporations, moved by a holy impulse, . G08 APPENDIX TO THE freely forwarded their bells to be moulded into cannon. The accom- panying papers (No. 24) furnish the more important details of these collections and contributions. Under the direction of the Governor and Council, I appointed Mr. David Lopez General Superintendent for the manufacture and repair of small arms. (See accompanying papers, No. 25.) For the repair of arms, .and the manufacture of pikes, in which I had never any faith, the work -shops were occupied in the State House grounds. Ak this period, the demand upon my time and attention from this and all the bureaus, and from an inflnite number of other sources, become so oppressive, that I obtained the assent of the Governor and Council to form the Department of Construction and Manufacture, to the control of which was assigned the Hon. W. H. Gist, in whose hands the work has been energetically pressed. For further information on the subject, I refer you to his report. In the latter part of Marqh, under autliority, I transmitted, by Mr. Evans, of Charle?;ton, a bill of exchange on England for the purchase of rifles, ammunition, equipments, medicines, etc. Nearly all have safely reached us. Some cases were thrown overboard while running the blockade. Of the rifles (Enueld), we have now at the Arsenal at Columbia 2,535. The purchases made under this adventure could now bo sold for five times their cost. •. Under authority, a revolving cannon has been purchased by the De- partmont., and is now in good hands, from which we expect good service. It was only lent to the Confederate oflicer, and is subject at any mo- ment to the order of the State. Efforts to procure powder have not availed much to increase our stock; bul what we had on hand has been carefully husbanded, and issued only when the public good demanded it. At an early period, the Confederate Government was notified that our stock was low, and that they must look ^elsewhere for supplies. It will appear in another part of the report that due attention has been given to the production of the material most essential to the manufacture of gunpowder. An examination of the exhibit 0., before referred to, will show that the stock of fixed ammunition for suiall arms has been more than tripled since 1st January last, requiring over 12,000 pounds of powder. This table will also show the gratifying result of my efforts to procure arms. During the' year we have i.ssued 7,307 effective rifles and muskets — more than three times the number we had on hand on the 1st of Janu- FOURTH SESSION. ' 609 arj last — among them the 1000 received by your Excellency from Richmond some time last winter or spring; and we have now on hand 7,710j nearly triple, also, the number in January, Among those we have now, one-third arc new, first class Enfield rifles, and all in good condition. The statemeut does not include the guns now in the work- shops in Greenville tor repair. Of side arms, also, we begau the year with little, have made large issues, and have a fair supply on hand. The small supply of heavy ordnance, with the collection we have been able to make, has been exhnusted by the constant and heavy, demand of the Confederate Gk»xernment for the defence of Charleston. None, however, has been sent out of the State. We have but two On hand. , The field artillery has been increased thirty-one pieces since January last, but the issues have kept pace with the additions, leaving- at this time but eighteen light pieces. There were twenty-two artillery carriages on hand on the 1st of January, many of them old, and some worthless. The supply was increased by twenty-seven new, or tho- roughly repaired ; but the demand around Charleston has reduced the total number on hand to eighteen. The supply of prepared projectiles has been more than doubled, and the unprepared sustained. These facts speak well fur the energy and efficicDcy of Major Eason, no# at the head of the burctiu. A large quantity of lead has been purchased, and besides that moulded, we have now on hand 21,000 pounds. "We have been able to make slight additions to our cannon caps, and an increase to the stock for small arms. I have endeavored to obtain adequate supplies from the Secretary of War, but although promised, they have never been received. With the exception of powder and heavy ordnance, the bureau will be adequate to all probable and reasonable demands. It is n(% in good condition. Exhibits R., S., T., X]. and V. show the issues of all classes to the Confederate Government during the present year. It was deemed prudent to move the heavier and more importtint stores from Charleston to Columbia. The construction, therefore, of a new magazine became necessary. Captain Thomas was ordered to have one built. It is finished, received, will contain 100,000 pounds of powder, and cost the State $1,200. Guns repaired under some con- tracts which I have been unable to see, were so defective that large numbers were constantly returned to be done anew. To the force of tlie bureau it became necessary to add a first cla.ss armorer. But, not- GIO * * APPENDIX TO THE withstanding the increase of the bureau force, its expenses are over two thousand dollars less per annum than those^of last year. Appended (marked P.) will ,be found an exhibit of the cash trans- actions for 1861, and, notwithstanding the heavj expenditure, the bureau, like some of the others, was burdened with debt. Some 833,000 of old Obligations have been paid since January last. The cash transactions for. the first two quarters of this year will be seen in exhibit Q., and may be stated generally : Receipts from all sources §100,176 54 Expenditures for all purposes 106,776 60 ♦Balance on hand the 1st of July '.. 2,399 94 Most of the troops from South Carolina, in Confederate service, have been armed by the State, and it is believed that we will ne\»er be able to reclaim thera. The Confederate Government, as I understand, rfjfuscs to redeliver to the States, but assumes the ground that the arms have become Confederate property, to be accounted for in a future settle- ment. How far we will be able to make out a full account from the beginning, I am unable to say. The Confederate Government has maae application for the arms imported by the State under order of this Department. I have taken the liberty to decline to turn them over, and recommend that we shall never again strip the State of the means of self-defence. LEAD MINE. . ' Under authority of a resolution introduced by your Excellency, I availed myself of the proffered scientific skill and services of Dr. John LeConte, to examine the lead mines in the State. The lead mine in Spartanburg he reports to be rich in ore, and easily worked. Arrange- ments have been made with the proprietor, Mr. Cammeron, to place it for a time in the hands of the State without charge, until all expenses incurred shall be paid, and after that time to receive a certain ratio of the yield. Dr. LeConte has taken steps to procure the necessary skilled labor to work the mine. (See accompanying papers^ No. 25.) •Balance onhandJuly. 1..' $2,399 94 Receipts during July 23,228 03 $25,G27 97 Expenditures during July , 20,385 91 Balance on band August 1 $!>,2-13 06 FOURTH SESSION". 611 SALTPETRE PLANTATION. " In the early part.of the present war, and for some time anterior, one of the greatest sources of anxiety to the Grovernment, and to the intelli- gent citi^en^was the very limited, in fact the totally inadequate supply of gunpowder. We were, to a great extent, cut oif from the foreign world, from whence alone we could procure a sufficient quantity. To .manufacture a sufficiency to meet the wants of the army in every quar- ter, was beyond our power. .The chief ingredient, seventy-five per cent, of which enters into the manufacture, was at the time beyond our reach. It is true that there were within the litnits of the Confederacy ■ saltpetre caves, but their yield was far short of our necessities. There was but one way to supply the deficiency, and that was to produce it' ourselves. Accordingly, early in February last, I caused a brief state- ment of the process of production to be published, and called upon all who could to aid us by making it. To this there was no response. I determined then to produce it under the immediate direction of this Departmotit. On the 14th of March, I had .the honor to in- troduce a re^lution authorizing me to do so. The authority was granted. On the 21st of the same month, I wrote to Dr. W.Hutson Ford, who w:is then a Surgeon in the army on the coast, requesting him to undertake the superintendence of the plantation. General Peraberton at once detailed him, anc^ he reported here without delay. On the 28th of March, Dr. Ford was appointed Superintendent, and entered at once upon the discharge of his duties, with 'great zeal and intelli- gence. . . • Five acres of land were leased for this purpose, at an almost nominal rate, from Dr. Parker, and the necessary, sheds, buildings, &c., con- structed. A large number of beds ha^e been made, which are in rapid process of nitrification. What quantity of nitre may be expected from them, cannot now be accurately stated, but it is hoped and expected that after a period of from eight to twelve months from the time they were made, that we may obtain at least one thousand pounds daily, wliich would make one thousand three hundred and thirty-three pounds gunpowder. In order to produce it more rapidly, I have ordered the . preparation of a wagon train, with troughs, pans, &c. This can -be done by extracting such earth beneath buildinfs in (i)lumbia, and the adjacent country, as is- generally found to contain nitre. By these means we can produce saltpetre enough to insure a constant supply to manufacture a sufficient quantity of powder for the wants of the State, G12 APPENDIX TO THE at all times. (See report of Dr. Ford, in accompanying papers, No. 26.) The sulphur and charcoal can always be obtained. It is believed that the saltpetre plantation, under the charge of Dr. Ford, is the first ever establishod on this continent; and I must .here express my obligations to I>r. Joseph LeConte,*for his valuable aid in establishing this plantation. A copy of his "instructions for the man- ufacture of saltpetre," is herewith presented to you. Tlje cost of the plantation, up to the Ist of July, 1862, as per Exhibit W., appended, is as follows : • . Receipts from Treasury §9,488 10 • Expenditures to l5t of September..-. 9,100 59 Balance on hand September 1, 1862 §387 51 GUNBOAT.. Aij appropriation of throe hundred thousand dollars was ordered by the Convention, at its last meeting, for building a marine battery or ram, and for the construction or purchase of other vessels adapted to coast or inland defence, and the Governor and Council were "empow- ered, on cousultiition with the officer of the Confederate Navy for the time being in command of the Military District whereof the city of Charleeton forms a part, to order the building or putchase of said ves- sel?/' During my first tour of duty in Charleston, in the latter part of Jan- uary, I conferred freely with Commodore Ingraham on this subject; aQ.d subsequently, on the 12th of February, in obedience to a resolu- tion introduced by your Excellency, I coinniunicated with him in writ- ing. He referred me to flag-officer Tatntdl, commanding in the waters of South Carolina, then at SavantiaU. As the ericmy's fleet intervened between that officer and the hai'bor of Charleston, I addressed the Pres- ident, at the request of the Governor and Council, asking that Commo- dore Ingraham might be jjlaced in command of naval affairs in Charleston. Commodore Ingraham, Captain Hamilton and G. A. Trenholm, were appointed a commission to carry out the resolution of the Convention, and notified that the fund was subject to their order. This commission did not act, because it was thought unnecessary to use the funds, and impAfticabli.' to obtain workmen and material — the Confederate Government having already given orders to Commodore Ingraham to build a boat of like character, and six gunboats of smaller class. Thus the matter was suspended until the 8th of April, when. FOURTH SESSION. 613 being notified of a change in the condition of things, »which made it expedient to undertake the construction of an iron-clad vessel, another commission, consisting of Messrs. J. K. Sass, GU A. Trenholra, C. M. Furman, W. C. Courtenay, and W. B. Heriot, was appointed, the ap- propriation placed at their disposal, and after unavoidable delays, the enterprise was fairly commenced on the 9th day of April. For the manner in which the work has been carried forward, as well as an accurate descriptioti of the boat, I ask leave to refer to the report of the commission, in the accompanying papers (No. 27). The "Chi- cora" was successfully launched on the 23d day of August, and Tiow rides beautifully on the waters. JThe vessel will be transferred, on completion, by name to the Confederate Government, pursuant to an agreement with the Secretary of the Navy to do so, on being reim- bursed the entire cost. The commission, under authority asked for and .obtained, are pro- ceeding with arrangements to build two more gunboats as rapidly as possible — one of them to be of lighter draft, for river defence. CONCLUSION. It will be seen that the reports of bureaus are made in full up to tlie 1st of July only, except that of the saltpetre plantation, which is made in full up to the 1st of September. This is done because the monthly statements form only partial items of the quarter/// a rcouuls. ' Wherever the transactions for July have involved matters of moment, I have given a synopsis of them, and may remark that the statements for that month indicate a continued careful coniplianoe with the "Army Regulations." I append a statement (marked X.), showing at a glance the object for which each expenditure was made, the amount of the expenditure, and the authority under which it was nsade. The multiplicity of subjects, and infinite details connected with tlie operations of this Department, have enlarged my report be^'ond the volume within which I would have been pleased to cncompa.ss it, but anything less would not have presented the "business and condition" of th€ Department. • All of which is respectfully submitted, J^iMKS CHESNUT, Jr!, ChirJ of the Dt'partmriit of the MilUart/ of South Carolina. 614 APPENDIX TO TOE APPENDIX. State of South Carolina, . Executive Council CiiambeA, January 17, 1862. % Rules made and cstahtislicd hy the Governor and Council for- the man- agemcflt of the Department of (he MUilary of the State. Rule I. It shall be the duty of the Chief of the Military Depart, nient to esAnine into the military conditiou of South Carolina, which includes the returns and present cond'tion of the troops in service, and the militia not in service, together with the number, amount and con- dition of arms, ordnance, ammunition, clothing abd supplies, and to report the same to the Governor and Council. llULE II. It shall be the duty of the Chief of said Department to keep in proper form and report regular and exact returns of the mili- tary force of the State in Confederate service and in the militia of the State, and of all military stores, arms, equipments and supplies in the magazines and other places in the State, and to order, receive and take them, and all arms, ammunition and equipments, from officers and other persons in whose possession they may be, which belong to the State and are not used in actual service, and to direct them to such places as h.e may deem proper. Rule III. The Chief of said Department shall form estimates Tor all such stores, arms,- ammunition, equipments, clothes and supplies, as may be requisite for the military service of this State and the contin- gencies of Coufederiite demand, and providing adequate magazines for the same where such do not now exist, and report the same to the Grovernor and Council, that due provision may be made therefor. Rule IV. The Chief of said Department shall give directions neces- sary to carry into operation al^ resolutions and directions of the Gover- nor and Council, by orders through the Adjutant and Inspector General's Department, for raisihg, arming and equipping troops for the service of the State and o& the Confederate States, under the authority jof the State, and for organizing, providing and inspecting the same ; ' . ' FOURTH SESSION. ' 615 and to direct the arrangement, distribution, transportation and operation of such 'troops (tilj mustered into Confederate service) as may be brought into the service of the State under and subject to the orders of ' the Governor and Council, and to provide for the transportation, safe keeping and distribution of supplies necessat-y for the troops called into the service of the State, or which the cDutingency of the Confederate service niay appear to require. Rule V. The Chief of the said Department is vested with all such . powers as are necessary for a full performance of the duties above specified, or which may hereafter be imposed, and to this end he may supervise, direct and give^all proper orders to the Commissary, Ord- nance, Quartermaster and Medical Departn^ents of the military organi- zation of the State, and command all ofiicers and employees in the military service of the State, and to depute to them such matter and at such times as he may see proper. He is vested with further power to remove all persons employed in any of the Departments aforesaid, and to appoint others in their stead; but all such orders, removals and ap- pointments, shall be dop.e ■by orders through- the Adjutant and Inspec- tor General's Department, and shall be reported to the Governor and Council at their next meeting thereafter, and be subject to the control of the same. Appointments to all vacancies in the military service of the State heretofore vested by law in the Governor, shall be vested in the Chief of the Military Department, subject to the previous (Tecision of the Governor and Council. Rule TI. The Chief of the Military Department shall keep a book or books, in which all orders and directions made or given by him shall' be transcribed, and the same shall be submitted to the Governor and- Council at each siiccessive meeting; and to enable him to discharge such duties as are imposed, he is authorized to- employ one or more clerks, upon such compensation as may be fixed by the Govfernor and. Council. » By order of the Governor and Coui^cil. F. J. MOSES, Jr , Secretary. 616 APPENDIX TO THE Statement of South Carolina Troops mustered into (he sercice of the Confederate States, or under Confederate orders, on the 1st daj/ of Januari/, 1862, cumpiM from the rejwrts of the Adjutant and In- spector General of South Carolina. ^TTLS OP 0R01.MZA' Name of ooumander. l8t B.-t?t. S. 0. VoU Col. lUmlltoii. *2d ad 4tb f.th 0th 7th «th 11th Ann OF TrnMOFSERlg g Cfil. KiTslia (Col. Williainu. Col Sl)1. U.icon Col. CaMi ; CoL Itlandlntc | Hampton's L<*]rIon.... t'ol. Ilainptdii |Mlxe.niiy ("tpt. .Minium j Uoykiu's K«nit«rs....'. Cjtpt. Bovkin jC&vrtlry Kii-kwood lUiiKere... Cipl- Shannon Artillery For the Wiir 12 montbs. ICiil. Duiiovant.. (V)l. KJward.« 'CoL Joneii Col Di'Siiussure.. (X)l. Klford. r<>l. Means .ICol. Stevens Mixed. C-oit's Artillery Oapt. Colt lut He^t. S. C. Volh Col. Ihit'ood ■jih •• " " Ool. IKnward. loth " " " '1>>I. M.iiilKauIt 12tli " l;jth " " nth " " luwi " " 10th " " 17lh " Holcomlie Lofton !S. C. R.-iiulai-s ; ....;.... Coast U.iniiors ''nl. IIat*'h. Kilto Ualt.ilmn." U. Col. Moore.... BUck's Si)uadron U. Col. Black'.... I'llmetto ButtMliun... Mnjor WliH« , Manl'-auH's llattul'ii Major Mimijfault Lamir'K Arlilli-ry C-ipt. Utioar lArtlilery.J l/aurnii8 B'lttalion.... Major .InuioH Bovcu's Company Capt. Boyw.. Orr's lliflt" Kii:iinfnt|Col. Orr Mounted Re(;iment...k!ol. Martin.. I'l't- Don L>.-i.'ion |Oen. llarlli-e Mixed Statu Cavalrf. | .' iCnTiilry,. 4lh Bri^ndu, S. C. M jGon. I)eSaUssuru...{ Cavalry . for the War. ^ months.. For the War. 12 months.. For the War. 12 months.. Forlh«War 12 months. Llinlt«d Total I ; .....I ' 27,8e2 S.C IS 800 Muster'd In Oonf. 6er. 841 1 l.OtiO '■ 873 " " . l,ia4| " 813| " 803 819 896 1,100 84 84 78 6.3 116 850 761 1.140 789 764 902 813 713 783 1,1 -JO 1,136 750 4:?0 302 240 2f« 19!i 391 124 1,030 600 800 275 2,407 Requjr'd byOen.Blpley. UNAIiTSIS MVT> SUMMARY. In Confederate service 23,280 In State service, under Confcdfratu orders 4,082 For the war 7,111 For shorter periods 20,251 In seryico in this Slate ....17,642 In service in other States 9,720 ITiidcr the Act of A.sscmbly, Dec. 7th, 18(51, there are in camp, under in.struction, souie fourteen companies. Accepted and under marching orders for camp, fifty companies. Tliese sixty-four com- panies arc volunteers for twelve months' Confederate service. FOURTH SESSION. 617 C. Columbia, April 28, 1862. Eon. James Chesnut, Jr., Uhicf of Military Dejmrtmt nt : Sir: I submit herewith Exhibit A., showing, as nearly as can be reached from the returns to this office, the number of troops from South Carolina on the 20th of February in the field, for the war and for twelve months, and m^ estimate of those in the field for the same terms ■ at this date. Exhibits B., C. and D. show the efforts to obtain acQ*xrate information; Exhibit E., the number of companies wlych responded to the call for five thousand men. ' Large numbers of individuals, volun teers and recruits, responded to that call, which is the explanation of the increased numbers in the second, third and fourth columns of Ex- hibit A. I am, sir, with much respect, Your obedient servant, . WILMOT G. DeSAUSSURE, A'^Jutant and Inspector General. . Exhibit A. to Adjutant General's Report of the 2Sth of April, 1862, to Chief of Militai^y Department. Regiments, Battalions. Squadrons and Companies. Li' <) 1st Regiment, £>. C. V., Hamilton. 860 2d 3cl 4th " " 6th " " 6th 7th "^ " 8th " 9th lut " ' Hampton's Legion. Uoykin's Rangcr.s ■... Shannon's Company , Coit's Artillery MaaigBull'n lOth Regiment, S. C. V 12th Kegiment, S. C. V., R. O. M Dunovant. lath " " Edwards Kershaw. Williams.. iSloan Jenkins... Winder..., Bicou , Cash.. :.... Blanding., Ilagood.... 78 63 116 a i-£_-. 900i 450| 400 40 Oi sool 4.50' 400, 400 4oo; 600 600 78' 100 125 789 1,000 764! 1,100 w 5-2 841 391 1,066 666 973 573 1,124 324 813 363 803 403 819 419 896 496 8a0 250 1,100 500 1,126, 676 Carried f.-rward 2,670, 8,753; 10,4111 4,961 78 618 APPENDIX TO THE Exhibit A. to Adjutant GeneraVs Report of the 28//t of April, 1862, to , Chief Military Departrhent. — Continued. Regiments, Battalions, Sqcadboxs and Companies. I w£. 1 O OD ^ CO ■> S -5, = M .5;: a to I < 813, 000 l,0:iO 600 24»1 2(i0j 300 124 U6 300 100 Carried forwr.rd. . 1,000 800 620 500' 6SUi 800 750 150 soil 450 1,200 700 450 500 800 Brought forward 2,670 8,753 14th Rcgi.ment, S. C. V., Jones | 902 1,200 15th ^ " • " DeSaussuro , 16th " " Klford 17th- " * Means ISth " " tiadborry 19th " " Lythgoe 2iith " *' Keitt 2l8t " " <^>riihain 22d " " Abniy 23d "• " Hatch „.. 24th «< • " C II. Stevons Holcombe Legion, P. F. Stevens Ist Regiment Artillery, S. C. A., Calhoun , Jsl •' Inf.iutry, " Jolin^ Dunovant Lucas' Battalion....; Moore's Battalion 11th Ilcgiiuent, S. C. V.. Heyward On's Kcginifut, Marshall Black'.v Cavalry, J. L IJlaol; Palmetto Battalion, E. B. White , Manigault's Battalion, I]. Manignult — 2d Regiment Artillery, S. C. V., Lamar! , James' Battalion, James Boyce's Artillery, Boyeo , Colt's Artillery, Coit , Folder's Cavaliy, Felder Adams' Cavalry, Adams Nelson's Battalion, Nelson Cavalry Companies Infantry C()m|)anics '. MeCord's Zouaves EUiott/'s Artillery Chieliestcr's Artillery Gist Guards , Beauregard Light Infantry ., Ivituw Battalion Alston's Artillery Stanley's Artillery .' McKerall's Company Stafford's " Whitesides' " Gwin's '" , '. AViusmith's " : Smith's Battalion < LaFayetle*Artiller\' Marion Artillery Charleston Battalion German Artillery Pixie Rangers Jefforil Rangers 160 116 350 850 100 80 80 90 100 250 80 80 75 76 75 75 75 10,411 4,901 713 784 768 730 790 698 786 750 489 1,102 761 311 560 304 315 600 670 9,349121,914 21,321 16,337 FOURTH SESSION. 019 Exliihit A. to Adjutant GeneraVs Report of the 2Sth of April, 1862, to Chief of Military Department. — Continued. Regiments, Battalions, Squaprons and Companies. •r a-' CO m - J3 - a 0-2 Brought forward Ashley Dragoons Charleston Light Dragoons.... Rutledge Riflemen (mounted). German Hussars Easley's Squadron Nelson'd Squadron 9,349 21,914 100 21,321 16,337 75 75 75 308 340 9,349 22.064 21,321 17,210 620 APPENDIX TO THE Exidhit E. io Adjutant General's Report of the 2Sth of Aj^ril, 1"862, to Chief of the MHitary Department. Companies accepted under the Call for Five Additional Retjiments. Twenty-Fourth Keginiciit of South Carolina Volunteers, C. IT. Stevens, Colonel commanding: Captains Sigwald, Spears, Appleby, Gooding, Jones, Hill, Pearson, Thomas, Hammonds, Tompkins 800 Regiment of Artillery, T. G. Lamar, Colonel commanding : Captain Dickson 77 Company F G9 G 79 Second Regiment of Artillery, Colonel Lamar: Captain F. F. Warley :.... 90 " J. F. Sanders 76 " J. K. Legare 92 " M.B.Stanly 100 •' Charles Alt^ton, Jr .' 100 " T. D. Gwyn 79 " 11. L. Crawford 76 '' T. P. Whitesidfis 7u " • W. J. McKcnill 70 '' J. H. Stafford 70 Three companies of Moore's Battalion 260 m 2,108 FOURTH SESSION. 621 D. Department of the Military, Columbia, S. C, April 28, 1862. To the Governor and Council: III obedience to your directioiis, and in conformity with my duty, 1 submit to your consideration an abstract of a report made to this Department from the Adjutant and Inspector General, in relation to the forces from this State in Confederate service. On the 2d day of February last, the Secretary of War addressed a communication to his Excellency Groveruor Pickens, stating that six per cent, of the entire white population of this State — which is about eighteen thousand — had been determined upon as the quota to be fur- nished by this State for the war. Of this number he estimated that we had then six thousand in the field, which would leave twelve thousand more to be supplied. This remainder he expected to raise by reen\istments among the twelve months regiments from the State then in service, and by calling for five new regiments. At the date of the communication referred to, he supposed that the State had six thousand troops for the war, and seventeen thousand for twelve months. ]>ut in truth, at that time, the rolls in the office of the Adjutant and Inspector General exhibited the fact that we had on the 20th of February — a few days after that date^-9,349 troops for the war, and 21,321 for twelve months. For the purpose of meeting the requisition made on the State for its quota of eighteen thousand men for the wap — including the five new regiments called for — the Governor and Council adopted a system of conscription. The result of that action has been to accomplish, in less than two months, more than was. required or expected. According to the data, information tind estimates now before us, we have in the field in Confederate service fur the war 22,004 men, and for twelve iiionihs 17,210 men, making an aggregate from this State of 39,274. 622 APPENDIX TO THE RECAriTULATION. Now in the field for the war 22,064 Quota of the State — under call 18,000 Excess over the quota 4,0G4 In service for the war at the time of the President's call. .9,349 In service now. for the war ...22,064 Increase since the call 12,715 Total in service at time of the call 30,670 Total now in service 39,274 « Total increase 8,614- That the rapid increase of our forces in the field is attributable to the resolutions of the 6th of March last, establishing a system of con- scription, I suppose no one doubts. 1 must say that the returns now made are by no means full, and cannot, therefore, "be said to be accu- rate; for, uotwithstandinp; the constant and earnest eflforts of Adjutant and Inspector Generals Gist and DcSaussure to procure information from all the regiments, we have not been able, so far, to obtain from the oflBcers anything approaching to complete returns of the new enlist- ments. Our cfi"orts to that end are still unabated, ancj we have now reasonable expectation that they will be furnished, in a few days. When these returns are received, another and a fuller statement will be made, with as near an approach to accuracy as possible. That state- ment, I have no doubt, will show a much larger force for the war than is here exhibited. Respectfully submitted, JAMES CHESNUT, Jr., Clilef of the Department of the AJilitary of South Carolina. FOUKTEI SESSION. 623 E. OFFICE Adjutant and Inspector General, Columbia, August 30, 1862. To Hon. James Chesnut, Jr., Chief- of Military pepartment: Sir : I have the honor herewith to submit, in obedience to your ordsr, a report exhibiting an approximate estimate of the 'forces contributed by this State to the Confederate service, with the Kegiraents, Battalions and Companies in which they are now organized. The list of organizations will, I thinly be found complete, and by reference thereto it will be seen that the State has now in service the following : Infantry — Twenty-eight Regiments, two Legions, eight Battalions, two Companies. Artillery — TWo Regiments, one Battalion, eighteen Companies. Cavalry — Two Regiments, five Battalions, seven Companies. Total — Thirty-two Regiments, two Legions, fourteen Battalions, twenty-seven Companies. It would be more satisfactory if this office had the means for furnish- ing a statement more in detail, particularly of the present strength of these organizations, and of the losses by disease and other casualties of the service. The regulations of the Confederate service do not require the sending of rolls or stated reports of the condition of the forces to the offices of the States from which they are respectively drawn ; and when troops are once received into Confederate service, all official knowledge of them by the State ceases. " By reason of this, very great embarrassment has attended the efforts of this office to keep pace with the^organization of our forces, and to procure reliable information as to the numbef of men actually drawn from our population. The original rolls of Companies, on file, furnish but little satisfactory infoi"u;.ation, and give no data upon which to esti- mate the strength of the Companies. They give but the number with which the Companies were first organized — in perhaps all cases the mini- mum of its strength — rwhilst the accretions, by recruiting or otherwise, not being reported, arc known only as they may be casually ascertained. r>uring the period from the 1st of iMarch to the l&t of July, under the jtressure, first of the proposed State conscription, and afterwards of the Confederate conscription, very large additions were made to the then existing organizations, by the voluntary going forward of recruits, very few of whom were reported to this office. In some instances Com- 624 APPENDIX TO THE panics were so increased, that from the excess new Companies were formed, no rolls of which have been reported to this office. The nuni- •ber thus irreguhirlj added to the service did not, it is believed, fall short of 5,000 men. Much confasion, also, resulted from the reorgani- zation in Virginia of the original twelve months Regiments whose terms of service expired in April last. Entire Companies and even llcgi- ments were lost, and new Companies and Regiments formed ; id most instances retaining the former names, but the Regiments in all instances composed to a great extent of new Company organizations. The orig- inal 9th Regiment Wiis, in tliis way, wholly lost; and the old 4th was reduced to, and yet remains, a mere Rattalion*. * To remedy this want of information, and to procure accurate descrip- tive rolls of all persons then in Confederate "service from this State, with details of discharges, deaths and other losses, blank forms were prepared by this office, in obedience to your order, and in April last. Were forwarded to the Commandants of Regiments, Battalions and Companies; and with the view to procure a prompt return of the rolls, special agents were appointed to visit the troops on the coast and in Virginia, to impress on Commandants, by a personal appeal, the impor- tance of furnishing the information desired. These efforts, I regret to state, were only partially succqgsful. In some instances the agents found great reluctance to prepare the rolls; in others actual unwilling- ness, and in a few instances positive refusals to undertake the, labor. Out of over four hundred Companies then in service^ only' about two hundred and fifty furnished the rolls; and of those so furnished, many were so hastily and imperfectly prepared as to give but little satisfactory information. So far, however, as they were carefully and properly pre- pared, they furnish the only certainly reliable information to be found in this office of the strength and condition of the respective Companies. The estimates embodied in die accompanying report have been made up from many sources; partly from the April rolls, above referred to; partly from reports ?»btained. from officers in command; partly from returns to the Confederate officer commanding the Department of South Carolina and Georgia; partly from information furnished by individuals; and in a few instances from conjecture. These estimates are intended to repres(?nt the highest number of men who, from first to last, have belonged to the rcspcctij'e organizations, not including discharges. In some instances they may be found too high; but generally they are believed to be below the correct number. So far as. they are based on tho April rolls, they represent the strength of the organizations at the FOURTH SESSION. 625 time those rolls were prepared, say the 1st of May, and do not include the additions since made to the Companies. And in many cases where vre have only been able to ascertain the maximi^i strength of a Regi- ment or Company, it is .obviously short as a proper estimate: for, whilst recruits are being daily added, and losses by death or otherwise are daily occurring, the maximum is' not increased, when, in fact, a continual draft is made from the population of the State. An abso- lutely correct estimate can only be had by adding, to the present strength of Companies, the number of losses by disease or other casual- ties of the service, and of discharges by reason of wounds or wasted health. If such an estimate could be prepared, I am fully assured that the number of men contributed by this State to the public defence would be found to exceed fur/^-^ve thousand. It is much to be regretted, that a very considerable number from this State have connected themselves with the organizations of other States. In the Districts adjoining North Carolina, very many were induced, by the very liberal bounty there offered, to join Companies organized in that State. And in the April reorganization in Virginia, very many exercised the option given them by the Conscription, Act, to go into other arms of service, and connected themselves with Com- panies of Artillery and Cavalry from other States, chiefly Virginia. These, amounting, it is believed, to several hundred, are whollv lost to the credit of the State. In obedience to the resolutions of the honorable Governor and Coun- cil, the first corps of State Militia Reserves, embracing all males sub- ject to- duty between the ages of thirty-five and fifty, have been organized, with a view to active service, in the event that the necessi- ties of the State defence should require it. Of these ten Regiments are aljcady formed and officered, each comprising ten companies; and it is conjectured that the Companies yet remaining to be organized, will yield at least another Regiment. The average strength of these Regiments will be about seven hundred, making an aggregate in the State of near eight thousand effective men of this corps. The second Corps of Reserves, embracing all males between the ages of fifty and sixty-five, all those between sixteen and eighteen, and all exempts, remain subject to p.itrol and police duty in their respective IJeats, under the command of the officers of the militia, as reorganized in, January last, under the Act of the General Assembly. In the present existing scheme, this corps constitutes the regular militia organization of the State. Its strength, there is no prosoiit moans of 79 626 APPENDIX TO THE ascertaining, as an enrollment has not been thought of sufficient im- portance to justify the labor and expense. I have the honor, sir, to be, Very truly, yours, . C. D. MELTON, Assistant Adjutant and Inspector General. APPROXIMA TE ESTIMA TE of the strength of the South Carolina Pcjimcnts, Batialiuns and Companies noic in Confederate service. Infantry. Slj-Ie of Organization. Commanders. No. Men. 1st Reg't S. C. Volunteers Col. Hamilton 1,100 1st " " " .: Glover 750 2d " " " Kennedy 850 3d " " " Nance 1,066 4th Mattison's Battalion f..... ]Mattison...'. 400 5th Ileg't 8. C. Volunteers Jackson 700 6th " ." " * Bratton ;".. 700 7th " " ." Aiken..... 803 8th " " " llenegan. 819 10th " " , " Mauigault 1,100, 11th " " " Ellis 921 12th " " " Barnes.... ],100 13th " " " Edwards 1,250 14th " " " WcGowan 1,144 15th " " " BeSaussure :..... 976 IGth " " <' McCullough.... 792 17th " " " :Meaiis '. 852 18th " " " Gadbcrry... 942 19th •' " " Lythgoe...... 827 20th " " " Kcitt 950 21st "' " " Graham 848 22d " " " Goodlctt..... 873 23d " " " Benbow.;...*. 765 Carried forward >20,548 , FOURTH SESSION. G27 Approximate Estimate — Continued. style of Organization. Commandera. No. Men. Brought forward , 20,548 24th Reg't S. C. Volunteers Col. C. H. Stevens ! 1,020 25th " " " Smionton 900 1st Rifles Marshafl 1,500 2d " Moore .* 884 1st Reg't S. C. A. (Regulars) Drinovant 700 Hampton Legion Griffin 1,100 Ilolcombe Legion •. P. F. Stevens 1,138 Laurens Battalion Lt Col. James ,... 528 Smith's Battalion.. Smith 552 Manigault's Battalion Major Bjrd 638 Nelson's " Nelson 162 Charleston " Lt. Col. Gaillard 430 Palmetto Sharp Shooters — l,li)0 Battalion " '' Major Smith 300 " ^' " Abney T 300 Partisan Rifles Capt. Brooks 8G Ordnance Guard ....- 100 32,280 Artillery. 1st Reg't S. C. Artillery Col. Calhoun 863 1st " " Volunteers ' Lnmar 1,040 Palmetto Batt. Lt. Artillery Lt. Col. "White..... 1,059 ^Macbeth Light Artillery Capt. Boyce 161 Beaufort Artillery Elliott 97 Marion Arti-llery Parker 100 Wa.shington Artillery Walter 134 LaFayette Artillery Kanapaux 90 * Clie.stcrficld Artillery Coit 130 Gist Guard Chichester 90 German Artillery, Co. A Werner.. 83 " " B Melchers 72 Carried forward 3,919 628 APPENDIX TO THE Approximate Estimate. — Continued. • style or Orpanitatlnn. OommatiJere. No. A^en. Brought forward 3,919 Ijisuiounted Draj.'oous Major Lucas 169 Ferguson's Artillery Capt. Ferguson 92 Buist 100 Alston 95 .....'.... IJonncau 10j3 Ward 100 Garden 100 Stanley 98 Gaillard 100 raliuctto Guird Alston's Arfillery... Matthews Artillery. Ward's Battery , Garden's Battery ... Staaley's •Artillery .. Gaillard's Artillery.. 4,873 Cavalry. 1st Regiment Cavalry.'. Col. Black. 1st Battalion 2d t( 3d ik 4th " 5.th (( 897 " Major Morgan , 320' " Stokes... 383 " Easley 320 " Emanuel 352 " .* Jeffords 391 Colleton Rangers Capt. Calhoun Mounted Men St. Peter's Guards Howard Cavalry Charleston Light Dragoons Ashley Dragoons Barnwell Dragoons Rutledge Mounted Riflemen Savannah River Guard Hey ward's Cavalry •. German Huzzars i.: Rebel Troop Santee Rangers, Co. A San tee Rangers, Co. B Canipbel! 85 Martin ?5 Smart 88 Howard 80 Rutledge '.. 95 G. C. Heyward..! 100 LawtoD 110 Trcuholm 90 Johnson 90 D. B. Heyward 110 Cordes bO Jenkins 85 Pinekney : 90 Whilden 90 Carried forward 3,844 FOURTH SESSION. 629 • - Ayproximate Estimate-^ Continued. style of Organization. Ccnjnianders. No. Men. Brought forward 3,844 Boykin Rangers Capt. Boj'kin 80 Kirkwood Rangers Dobjr 90 Partisan Rangers Col. Aiken ^ 700 4,714 Of the above companies, ten have recently lecn formed into a regi- ment, under Col. Colcock, being the 2d Regiment of Cavalry. Aggregate. Infantry 32,2S6 Artillery '. 4,873 Cavalry ' 4,714—41,873 To which add Conscripts recently sent forward, say..., 1,100 42,973 630 APPENDIX TO THE F. Condensed view of the Cash transactions of the Quartermaster Gen- eral's Bureau for the State of South Carolina, from the 1st of January, 1862, to the ZQth of June, 1862. Dr. To balance from 1801 §21,413.05 Cash from treasury 1st qr., 18G2 $143,355 00 " " 2d " 7,500 00—150,855 00 " clothing acct. 1st " 3.').072 35 " " 2(1 " 02,915 01 98,887 36 " camp equipage, 1st " 45 80 2d " 4... 294 12 -JnO 92 " public property sold, such as horses, mules, wagons, &c. 1st quarter.... 2,436 00 " do. do. 2d " .... 590 72 3,026 72 §274,522 U5 Cr. By Disburs'ts on clothing acct., Istqr. 18G2,S120,472 13 .? 1 , 2d (( 11,801 35- §138,333 48 camp equipage. 1st (( 52,740 48 (( 2d (( 8,611 63- —61,352 11 transportation. 1st ti 7,562 61 t( 2d (I ^89 25- ^00 00 —11,051 86 horses and mules, 1st li i( 2d <( . 6,742 t)0- 7,142 50 forage, Ist a 2,35% 89 (i 2d (( 059 00- 3,015 80 storage and rent ,'lst (< 256 00 (( 2d (( 910 50- 1,172 50 incidental, * 1st i( 3,218 62 (( 2d (( 3,482 75- 0,701 37 stationery, Ist (( lOL' 12 li '>A (< 103 71- ''Ofi R<1 wood, 1st (( . 45 50 (( 2d li 905 25- 950 75 commutation, Ist (( 75 00 '< * 2d <( 3,845 00- 3,920 00 to Capt. Motto Pringle, Q'riiiaster, 4th Hr'de, 5,855 00 Ba lance to next account — • 34 810 76 §274,522 05 FOURTH SESSION. 631 G. Cumparadve view of Salaries j^dxf io the Quartermaster General and his Assistants, com jailed from, Exhibits on file in (his Department, and condensed into Quarterly Statements, from the 1st of Jul//, 1861, to the 30/71 of June, 1862. ^ Salaries paid during the quarter ending 30th Sept., 1861, 83,651 40 " * " " 31st Dec, " 3,126 40 *' " " 31st March, 1862, ^,411 40 " «< " 30th June, " 1,575 00 632 APPENDIX TO THE S £ t— ( c ^ ^ CO i" ••enoSvw cc c> , *s»uoii eo « •^ o esoo CO i W •«»a8i 3> t- M to CM to «o ■saoa)a«3 : >n : '•■' CM CM CM CM o *8]lOUBJiaAQQ o c» ■SJiavBdvax • CO oc — *- 1 : r- i~ o» CO • o •= — oc : to O C3 C4 1 1 •e}8^ireia O CO f- o» CO CM o CM O 1— CM CM •BdBO : o : CM rt o CM — ■ to •B»«H : "5 : -»■ : ^ • CM — ■ t>- ■ 1 CM •(B4,d) saoqg •n ''I CM fr C O tc o 1- i~ to (SJlBd) BJlOOg CM ■* O O -r t- 1 ^ o t- to ' 1- -fS to ; CM •Bjjiqg I- o C-. oo CM e-1 e o O "BJaiinjcx 00 or; O Cf. 'tC C5 CO ' -BJUBJ T 0> e-1 — . -r CM C3 CM. •8iB03-aaA0 | £? ^ C CM a: 1- «c — — o c n c CO 53"' Ct o •n 00 ' -Bjuoo «« 1 V T §o« : ■3 ' <»<"o "B 2--0 y «»« «> Caps,@J,1.25 2 Cnp^Covers, @75c..> Coats, @.?12 Trowsers, (ai$6 Flannel Shiits, @$2 Flannel Drawpfs, @ 1.75 Bootees, @|4.75 Pairs Storkings, @50ft... Leather Stocks, @50..... Great Coat, (a)$15... Blankets, @f4 Deduct Commutation. Loss Loss per 1,000 men., CdST. $2 50 75 i24 00 18 00 6 00 6 25 19 00 2 00 60 15 00 4r 00 as •3 >. 97 00 60 00 , 47 00 , »47,000 00 1. COST. $1 25 75 12 00 12 00 6 00. 3 60 19 00 2 00 •3 >< COST. $1 2i 7 12 Ot 12 Oi 6 OCi 3 6(1 19 Ot 2 00 66 50 50 00', 50;. 16,500 OOL 60 50 60 00 10 50 ; Total cost ! for the three years . (temarks. 15 00 2 26 48 00 42 00 18 00 12 25 67 00 6 00 60 15 00 S'lO 214 00 160 00 64 00 j Per Man. 110,500 00' .' 164,000 OOl Upon the supposition of 20,000 men in the service, the loss will be: First year 894a,000 00 Secondjear 130,000 00 Third year 210,000 00 Whole loss for the three years §1,280,000 00 Note.— It will be see n that the prices afi^ed to the articles In the aboVe table «re far below the ruling prices at this date, 1st September, 18C2. 80 634 APPENDIX TO THE Condensed Vietc o/fhe Cash Tremtaciiotu 0/ the Commt'tsarjf General! t Bureau for the State of South Carolina, /rom the \st oj January, 1862, to the ZQth o/June, 18G2. Dr. To Balance from ISGl 815,L'GG 15 Cash from Treasury, Ist quarter, 1S62 ...... 837,000 00 " " " L'd " " G0,000 J— 97,000 00 " from sales to XJou federate ''iovcrmncnt Ist quarter, iHGl' 25,944 GO " from sale* Ui Coiiftdcratc Governuieut 2d quatt.r, 18G2 10,079 57— 3G,024 23 " from sales to other parties, Ist quarter, ix'.L' 2,022 90 " from sales to other parties, 2d quarter, 1SG2 luU GU 2,1;')3 50 " from proceeds of Salt seized at Che- raw bj order of Gov. I'ickcus 2,508 56 8152,952 44 July Ist, to balance brought down 820,256 21 Cii. IJy Purchase of cattle to cure into salt beef.... 814,1 8!> 89 " " bacon, rice, lU, 1st (|uarter... 846,291 51 " " '« " "2d " ... 54,562 77-100,854 28 Dihbursemcnts for collecting rico from exposed regions, freights to the interior, and inci- dental expenses, Ist quarter 7,515 23 Disbursements for collecting rice from cxpo.-^ed regions, freights iu the interior, aud inci- dental expenses, 2d quarter 10,137 83 — 17,653 06 Balance carried to next account 20,256 21 8152,952 44 FOURTFI ^SESSION. 035 K. Inventory of Sforcs on hand in tJie Commissary General's Bureau, on the 1st of July, 1862, and the cost value thereof. 6,800 % Salt Pork, @ 20c «1,360 00 25,805 " Bacon, @ 32c.. ' 8,257 60 3,251 " Hams, @ 33Jc 1,083 00 152,641 " Salt Beef, g@ lie 16,790 51 5,505 " Dried Beef, @ l^c 990 90 10,000 " Soup Cakes, @ 6c 600 00 1,437 bbls. Flour, @ SU 15,807 00 604 lbs. Hard Bread, @ 12c 72 48 1,915,003 " Rice, @ 3c 57,450 09 21,169 " Sugar, @ 13c 2,751 97 7S5 sacks Salt, Qf) S12 ." 9,420 00 1,657 gallons Molasses, @ 81 1,657 00 Small stores, not enumerated, say 1,000 00 Total cost value §117,241 21 Market value on the 1st of July, about 8250,000 00 The bacon and beef cured by Robert Adger, Esq., in Anderson, amounting to between two and three hundred thousand pounds, is not included in the above inventpry, as the accounts are not yet closed. I \ 636 APTENDIX TO THE oo o CO ?^ ^ '^ «l 5 CO I ' o c>> (Buoipio) j f* 1-1 cr; C4 'jvSaaij^ Jl •a <« C» M t- ' (•saonvo) ~1 o to •S8SStJ[nj^ cs c-f — . o o^ .rio~ ""o • (-BJCOUg) w o O i-H CD O OD •Jl«S 1-h" "e-i «» t~ o Cfipanoj) CO O; O c) •o^H « ccec _ (•spanoj) o o o 1 •onijon r-i r-^ , ^ _ .o to ~ai' , (-spunod) , o M ec — CO to aa^oi tc -jtians PI 00 <-" 9> CO c^ c; t; o >o o 1 -^o o (•ppnnoj) G i~ >rf •ooJH o CS ' ^^ ••^ • : c^ M 00 (spanoj) : o : CO o o> 00 ^ o CO 1 •puoja : ^' M e^ '^ ~-* « r- o 't~ (•Bl8JiBa) ■O CO TO O t- e-j -to 2 •anoij pj r-' c-:" M "" -r c/; c-i «^ ,r- .•spanoj) O CJ -t CO O •aooBCT Mcc" 55' CO" Iff •/ °- t— cc •>» M PI ^ : O i~^ o (•sponoj* o : o : lo : •joag paud iO I o : us" '/: ^ (•spunod) 1: L o: to" tc UO . o c o (■Bpnnoj) 1 i^. •joag qsajj |_ : to CO co" 1< •»»• 1 : : >^ : ' •rp ^ : c'\ ..t "« • Vj ' "l^ , , 3 £ § : 1^ 1 1-5 ' « el «S g .^^ OD o * 1|. ■--e ^ — r- It £3-2 C eS.fl „ • o! ■= j; f :s — 1 C 3 C 2 c ' C P^ H«J o- 00 M ►» ^ iO to ^- 00 00 ^- o M ci i-Tpi -^ o t •r "3 — O C U4 O p « ~ _^ a; a > a> b .. V. -t N 1«S oa '" i^ k5 «> .S ^ t^ M c e^ ca o 4h 5 5-5 = -2 1^ ^ 5 a 3 = = . CS J Jj 2 S 2 u 3 S <£ e- FOURTH SESSION. M. 637 Condensed view of the Cash Transactions of the Paymaster GeneraVs Bureau for the ^tate of South Carolina, from the \st of January, 1862, to the SOth of June, 1862. Dr. 8788 89 % To balance from 18G1 Receipts froto Treasury 1st quarter, 1862 ..$40,000 00 " " ,2d " 17,000 00—57,000 00 July 1st, balance brought down. * Cr. . By payments to Regulars made Istqr. 1862 (( u (( 2d " " Volunteers " 1st " i( u i( 2d " Balance carried to next account.., §07,788 89 $3,383 60 1,628 86 9,064 94—10,693 80 34,952 34 8,759 09—43,711 43 3,383 66 357,788 89 638 APPENDIX TO THE N. Condensed view of the Cnsh Irnnsdctions in (he Emjineers Bureau for (he S(a(c of Sou(h CuroMna, from (he 1st of Jcuiuarf/f 18G2, (o the SOth of Jufle, 1862. Dii. To Cash from Treasury for I'cc Dcu obstructions 84,590 76 t^ess (his amouut returned to Treasury 16G 76 - . $4,42-4 00 To Cash from Treasury for Reconnoissance Santee River 97 90 " " Jr-urvey Mountain passes 036 43 85,458 33 ♦ ^^ Cu. By expenditures for Pee Dee obstructions 4,424: 00 " Recounoissanci.' Santee River.... 07 90 " Survey Mountain passes 930 43 85,458 33 FOURTH SESSION. 639 0. Cond^sed Tabular View of the j^rincipal operations of the Ordnance Bureau for the State of South Carolina, from December, 1860, to August, 1862; ARMS AND AMMUNITION. Miiskets JUHcs Pistols Sabres Swords IVrcussion Caps Cannon Caps Musket Cartridges }iitte Cartridges •. Powder, (pounds) , Heavy Ordnance Field Artillery Artillery Carriages Projectiles (prepared) m Projectiles (unprepared) Grape and Canister (iKiuDds)... Le.td Muskit Balls (round) Musket Halls (conical) Mufket Balls (pounds) Double-R-irreled Ouas Doc. l^U), to, Dec. IK.l. 63 03 *4.850 23,703 3,704 2.271 1.877 771 120,00011,315,775 2,070 67.110 38,000 20.400 . 103 3,174 6,230 229,500 M4,656 531.147 417,550 10 t4 89 16,249 31.441 61.^48 .laiiuar^ 1, l^ii'J, to Aui;. 3o, ]h(.2. 25.971 3,115 2,271 1,779 534 1,008.525 rai.2.3r, 4U.147 373.897 lOOi 62 145 16,308 26,902 252,132 J2.582 $689 98 237 427,250 10,500 160,630 125,000 264,053 13 18 22 3,115 10.769 38,916 3,000 6,500 i-o o 3'3*» <; "■; ffe i •S-= = v ■s |pi=i M 5,198 4,921 16,738 2,476 829 671 2,224 1,730 348 8 194,520 53,000 945 480.713 45.630 211.322 25.224 10,130 36,887 9 20 31 31 27 31 3.865 650 3.791 4,084 • 880 - 1,316 57,779 39,642 60,000 35,000 220' 199 2.859 114,851 158 692 577 568.770 11,445 601,613 311.098 ^7,296 18 IS 6,330 10,476 38.480 21.1:!7 60.000 35,000 • 6,.'>00 21 ♦ Purchased by order of GoTemor Gist. • t One 31^ Inch Rifle Gun, presented by C. K. Prioleati, of Liverpool ; two Z]^ inch Rifle Guns, presented by Messrs. Fraser & Co.; oA SJ^ Inch wrought iron Rifle Gun ^Utout^d by P. C. J. Weston . J Coudcmned, irreparable, 452, § 4,843 pounds old and damaged. ' , 1 2,535 Cnfield, neW, purchased in Europe. 640 APPENDIX TO THE P. Receijits and Expenditures of the Ordnance Department of the* State of South Carolina, from the 1st of Januavi/, ISGl, to the 25th of January, 1862. ^ Receipts. From the Treasurer of the Lower Divisiou for appropria- tion of the Legislature.. §150,000 GO " lion. E. Frost, Secretary of the Trcasuiy 120,000 00 '<■ Hon. W. G. DcSaussure, Secretary of the Treasury 220,000 '00 <' Col. E. Manigault, am't of his and clerk's salary, which was paid out of the General Fund, and after collected from Treasurer of Lower Division 3,250 00 " 'Sales of coal taken from U. S 2,398 00 3501,648 00 Expenditures. On Cannon acct., purchased.. 5,039 38 Artillery acct, carriages, implements, &c.. 71,067 38 Ammunition acct 145,258 22 Artillery projectiles, shell, shot, &'c 105,805 11 Ordnance tools 1,589 03 Small arms., , 53,580 38 Equipments for infantry and cavalry comp's 99,831 97 General expfnses of iJcpartment 19,376 93 501,608 40 .^.' Balance of cash oo hand, 12th January, 1862 §39 60 Special Fund! 1801. - • , Jan'y 9. Donation by Mr. Plowden C. J. Weston, for pur- chase of "arms of preci.sion " 85,000 00 Less.paid for one wrought iron rifle six-pounder gun in hands of Major E. Manigault, for use of his battalion 800 00 1802. -* Au". 1. Balance in hands of Ordnance Officer ' S4,200 00 FOURTH SESSION. 641 Q. • Coii'hnxed view of (he Oash Transactions of the Ordnance Bureau ' for the State of South Carolinay from the 2Gth of Jiimiarj^, 18G2, to the '60th of June, 1862. Dr. To Balance from 1861 t^9 60 Cash from Treasury, 1st quarter, 1862 $66,7': i) 00 " '' " 2d '' " 39,56'. 00—106,282 00 " from sales of damaged Powder, 1(;'' 00 '< '• '' Acids, &c 150 50-- :j_10 50 " refunded on Shells purchased from Glaze the 8th of April, 186!, not passing the inspection ordered by Chief of the Military Department.. 1,500 00 " donation from the Marion Fire En- gine Company, Charleston.... • 44 44 " from W. J. Laval, Treasurer Lower Division, to pay salary of Ordnance Officer, 1861 1,000 00 5109,176 5^ July 1st, 1862, to balance from June 2",399 9l Cr. By Artillery and Carriage acct., 1st qr., '62 S7,733 63 " " " " 2d' " 16,438 13—324,171-76 Projectiles ' " 1st " 4,798 59 " " 2d " 2,457 30 7,255 89 Smiill Arms " 1st " 4,754 55 " ^ " 2d " 4,460 70 9,215 25 Equipment " 1st " 29,992 35 " " ;>d " * 8,866 65 38,859 00 Ammunition " 1st " 10,893 79 " - "2d " 10,396 07 21,289 86 General Expense • " 1st " 2,459 21 " 2d " 3,525 63 5,984 84 Balance to next account 2,399 94 3109,1 76 54 ::1 ~. 642 APPENDIX TO THE R. Issuer of Ordnance and Ordnance Stores to Confederate Govemmcni from January 1, 1862, to July 1, 1862. 12-pounder guns, smooth bore. 4 12-poundor guns, rifled 3 Carriages 7 Ammunition chests 8 18-poundcr guns .' 2 24-poundor guns, rifled 3 8-inch Colunibiads 1 82-poundcr guns 1 42-pounder guns ... 1 8-inch Fea-coast howitzers 1 8-inch siege " 4 Sling Carte 1 12-pounder phot, rifled 198 12-poundcr shell, rifled 36 12-pounder canister 127 8-inch sea-coast howitzer, canister 38 ly-pounder shot 25 18-pounder canister : 25 24-poundcr shot, rifled 264 9-iuch solid slwt \. '. 200 9-inch shell 400 6-pounder spherical case 275 12-pounder howitzer spherical case — : 125 . 12-pounder shell 150 ■ 8-inch shells.... , 200 10-inch shells 200 Cartrijdge Bags, 9 inch gun 115 12-pounder shot 123 Friction tubes 2,500 KomaQ fuses •• 250 FOURTH SESSION". (J43 S.' Issues of Field Guns and Carriages to State Artillery in Confederate service, from Januari/ 1 to July 1, 18(32. 4-pouucler gun^ , ....' 6 G-pounder guns 20 12-pouDtler howitzers 2 Enlield rifle guns 3 Ammunition chests 10 Gun-carriages 31 Caissons i 19 T. 'S'atement of Artillery Projectiles issued to the Confederate Government, , from January 1 to July 1, 1862. 6-poun^cr shot, fixed '. 70 6-pounder spherical case, fixed 285 . 6-pounder canister, fixed ' 20 12-poundcr howitzer spherical case, fixed 135 12-pounder howitzer shell, fixed 150 9-inch solid shot , 200 9inch shell ., 400 8-inch howitzer canister 38 Spherical case shot, unfixed 50 24-pounder rifle shot and shell...., 144 S-inch mbrtar shells 269 1 0-i n ch mortar sh ells 200 644 APPENDIX TO THE IT. Ahsfrarf of issues of Small Arms to Troops from South Carolina, sent into the yervire of the Vovfederatc Government^ from 1*7 January, 1862, to \st July, 1862. Rifles, Ilnfield ^19 " State 141 " per 0'64 1,246 Total Kiflcs 2,206 M uskcts. Percussion 2,321 " niodcll842...; , 955 •' altered to Percussion 1,201 " Cadet...; 40 " Minic ,. 254 Total Muskets .• 4,771 Carbines .'. * '. 170 Cavalry Pistols, Percussion .' 322 " " Flint and Steel .• 332 Colt's Navy Revolvers 9 ♦ Total Pistols.... 663 Sabres, Cavalry .'. : 1,714 Swords, Officers' — '. 8 Equipments, Infantry 6,165 " Cavalry 934 Double Barreled Guns 123 Bayonets A ; 5,795 " Sabre 1,083 Cartridges, Musket 34,690 Rifle 6,800 " Revolver 834 Percussion Caps -. ... 13,574 Articles of minor importance not enumerated on the above abstract. FOUllTH SESSIO^T. 045 V. Statement of Powder issued from 1st Jannary, 1862, to \stJuly, 1862. ISSUES TO THE CONFEDEllATE GOVERiNiMENT.* Cannon, pounds of 7,435 Musket, " " 300 Eifle, " " : 16,400 Blasting, " " 325 Total, pounds of ^ .24,460 ISSUES FOR FIELD AND SMALL-ARM AMMUNITION. Cannon, pounds of 2,602 Musket, " •" 4,530 Rifle, " " 5,025 Blasting, " " ^ 270 Total, pounds of 12,427 POWDER ON HAND FIRST JULY, 1862. Cannon, pounds of 7,371 Musket, '* " 8,570 Rifle, '^ " 11,350 Blasting, " " : 900 Mealed, " " 1,262 Pickens District, pounds of , 3,000 Old, mixed and damaged, pounds of 4,843 Total, pounds of 37,290 646 A1?PENDIX TO THE W. ' . Condcnscti view of the Cash Transactions of the Saltpetre Plantation for the State of South Carolina from \()th April to \st Scpttmhcrj 18G2. . '1862. ' • I)K. . " . • „ April, To Cash from' Treasury §4,304 58 July, " " •' " 3,700 52 August, " '' " 1,483 00 ^ S9,488 10 Cr. Sept. 1st, By Disbursement, Building Account. ..§3,316 29 " " "■ Horses and Mules Account.... 2,522 00 " « " Forage " 276 45 << " " Harness and Tools " 483 78 '< " " Wagon and Cart '' 415 00 " " " Materials '* 584 95 " " "^ Labor " 625 54 '< " "* Weekly Allowance " 501 58 " " '< Salary " 375 00 -9,100 59 Balance on band the 1st of September, 18G2 S387 51 FOURTH SESSION. .647 X. ABSTRACT OF DISBURSEMENTS By the Department of the IMfrjTARY of South Carolina from 'January 27, 1862, to August 14, 1862. Pai/mcnts in pursuance of Ordinances of the Convention, Ac(» and Resolutions of the Legislature, and hy order of his Excellency Gov- ernor Pickens, prior to the organization of the Executive Council. Payments to Quartermaster General...- $169,047 66 " Commissary General 37;000. 00 " Paymaster General 66,058 39 " for Hospitals 15,482 50 " Ordnance purposes ..*,. 68,826 00. " Repairing arms 6,.)16 92 " Arsenal purposes...'. : '. 3j-200 00 " Recruiting service 17,000 00 *' Railroad brid,^e guards 5,083 91 " A. L. Dearing (Military service) 190 00 " Traveling. expenses (Agents) 85 65 " Arresting soldiers ^ 45 75 " Salary of Clerk 233 33 " Gunboat commission '. 300,000 00 $688,270 01 Deduct : Balance in Quartermaster's hands i.. §83, 390 53 Balance in Surgeon General's hands 1,236 88—84,627 41 Total disbursements, as above ; 6603,642 60 648 APPENDIX TO THE 1 Payments in pursiiance of orders hy the Executive Council. PaynicDts to Quartermaster General 7,500 00. " Commissary General 00,000 00 " Paymaster General....' 4,941 Gl " for Kcconnoissances 1,034 33 " Ob^^tructioDs, Pee Dec 4,42'4 00 '* Ordnanee purposes .' GO, 215 81 " Exehange for arms and drups 79,5G1 04 " Freighton " " 11,104 14 " Old arms ". 5,077 97 " 75 new Enfield rifles .' 3,000 00 u Freight on old arms 122 G5 " Lead, saltpetre and sulphur 2,481 52 8ock.s 72 90 " Enrolling Militia ., 83 10 ". Saltpetre plantation 9,488 10 " Traveling expenses (Agents) G5 75 " ^ House and lot in Columbia*. .> 4,500 00 8253,462 92 Deduct : Balance in Commissary's ^ands $20,256 21 " Paymaster's " ♦ 3,383 66 " Ordnance officers 5,242 OG— 28,881 93 Total disbursements by order of Executive Council... $224, 580 90 Recapitulation. Total disbursements under Ordinance^ of the Convention, Acts and Kesolutions of the Legislature, and by order of Governor Pickens, prior to the organization of the Executive Council S603,G42 60 Total disbursements under the engagements of the Execu- tive Council 224,580 99 Total ..$828,223 59 *A large brick biiilding, used for Commissary's store-touse. FOURTH SESSION. 649 REPORT OF THE CHIEF OF THE DEPARTMENT OF JUSTICE AND POLICE. PART I.— ON THE POWERS OF THE CONVENTION. To his Excellency, GoVEaNOR P1C15.ENS, Presiding over the Executive Council of South Carolina : Sir : In compliance with your requirement, that I should report to the Governor and Council the proceedings of the Department of Jus- tice and Police, I respectfully report that, though the acts of my Department proper, as well as the matters which have from time to time been assigned to me, have in almost every instance, been the sub- ject of previous consultation in the Council, and therefore I have but little of information to communicate, I' acknowledge the propriety of the call. It is right that these proceedings should be formally spread upon the record. The "Rules'' established for my Department, adopted on the 17th January, prescribed it as my first duty *' to construe the Ordi- nances of the several sessions of the Convention, and all Acts of the General Assembly, in relation to the duties and powers of the Execu- tive Authority of the State."" This, of course, makee me peculiarly responsible for the cow?;ir/r?7r^ of "the Governor and Council, acting together," under the Ordinance of the Convention, to perform such acts as have been undertaken j for I have in no case entered a formal protest against any proceeding. It is proper, then, that I should preface my report with some expo- sition of the principles on^which I have construed the powers conferred .upon the Executive Authority, to bo exercised by the Governor and ^YiXCcaUvc CouncW, " acting conjointly." First, then, as to THE POWERS OF THE CONVEMION. Did this CONVENTION have power, for certain jiurpcecs, and 82 650 . APPENDIX TO THP] during certnin exigencies, to create a new form of Executive Author- ity for the State, and to confer on such Authority neiv poiceis, not hitherto vested in that Department i* I answer to this, unquestionably, yes. In the States Rights School of 1832 and '34 it was (with but one prominent exception) the received opinion that a Convention', called in South Carolina, under the provisions of the Constitution, was, for every political and legal purpose, the People. It was considered as a means, provided by the Constitution itself, for invoking the nctithi of the ultimate Sovereionty of the State. This Sovereignty, admit- ted to be in the People in their " a(j/ (the People "in Convention) 'may abrogate any Act of the Govcrniuent, and all. '' constitufed aulhorities arc bound to respect and obej/ their deterniina- "tion." 'They' (the People in Convention) 'are responsible to opinion, "they are bound by good /aith, they may be resisted by forc^ or sub- " dued by superidV power, but their acts are not subject to the legal "control of any constituted authority.'" Tliis we conceive to be sound llcpublicau doctrine. B«t hoy the learned judge can reconcile with this the right whioh he ascribes to .the Judiciary, to decfde whether a power exercised by this Convention has or has not been delegated by the people, we cannot perceive. We defy any one to point out a tittle of distinction, practical or in principle, between the control whicli Judge Harper would thus give to the Judiciary over a Ooiiven/ ion, aud that which it is admitted they have over the ordinary LeQidature. They have no riglit, in regard to the Legislature, to do more than decide wiiether or not that body keeps within the pale of its authority — whether a power exercised by them has or has not been delegated to them by the people — and it is this, precisely, which Judge Harper claims for them in regard to a Convention. The people appear in tlieir sovereign capacity, onli/ as assembled in Convention — when so assembled, they are sovereijn for EVERY PURPOSE, or, practically, they can be so for none. Grant to the Judiciary the right to question their acts, and you give them the power to limit and control. In construc- tion o/iaic, a. Convention Is the People, and its every act, as far as the judges have any concern with it, the Act of the People." "To subject the acknowledged will of a Convcntioa to the control of any other authority, is to deprive the people altogether of the means of 652 . APPENDIX TO THE expressing a Sovereign purpose, that is, a purpose which cannot, by any form of law, be disputed." The report proceeds further, as follows: .» " Sovereignty can correctly be predicated only of that power in tho State which, possessinj^ an ultimate control over all other constituted authorities, is itself subject to the control of none. "Allegiance is due only to the Sovereign power, and is that para- mount political obligation which binds the individual in a State to acknowledge and preserve unimpaired its Sovereignty. "It is clearly di!?tingi5ishable from the duty o^ obedience to delegated authority. It is, indeed, the source from which emanates the obligation of obedienCTPWi^* other constituted authority than the Sovereign. "Sovereignty delegates- a portion of its power; Allegiance renders obedience to that power a duty. "Sovereignty, from its defiuitton, is necessarily single and indivisible, and Allegiance must be equally so. "In^outh Carolina, entire, unimpaired Sovereignty bides in the PEOPLE of the State, and a citizen of South Carolina owes entire and unimpaired Allegiance to the people of South Carolina, so long, as be continues a citizen thereof. Th^, an9 they alone, have imposed upon him the duty of obedience to the Constitution of the United States. They can releasd him from the duty. Tliey can transfer the duty. It exists by their fiat, and they alone are its fit interpreters." "Thus far," says the report, "we speak the recorded opinions-of South Carolina herself. Is the principle less fixed that a Convention of the People is not suLJcct to tJue Icgdl control of any constituted authorili/^" Such, it was understood^ were, in .that day, the doctfines of Calhoun and McDuffie, of Ilayne, Turnbull and Hamilton, of Colcock, Larle, Butler, Elmore, Player; of all, indeed, of the States llights School. I mention the dead only, the living^nay speak for themselves. Indeed, " State Kights, State Kemedies, Stato Sovereignty, Allegiance to the State, would all be "unmeaning phrasQS but for .the acknowledged supremacy of a Convention of the reoj)le. It is the cogier-sfone of the edifice. But whether the view contained in the ^'Report" or that of Judge Harper be true, is immaterial in the present inquiry, A Convention, according to both theories, is SOVEREIGN, and, therefore, above all: cons(itu(ed authorities, M'HEN ACTING, WITHIN the sphere indicated BY THE Legislature in the Act which assembles them. FOURTH SESSION. 653 What then were the purposes for which the Convention was called together by the Legislature, to assemble on the 17th day of De- cember, 1860? And does the'creation of the Executive Council come within the scope of those purposes ? First, what were the circumstances of the call ? The telegraph had announced the election of Lincoln, and the Legis-lature determined at once to invoke the highest power known tq our institutions — a Conven- tion of the People of the State. Not as a subordinate ministerial agent, to enroll the decrees of the Legislature, but "for the purpose of takinn into consideration the dangers incident to the j^osition of the State in* the Federal Union estahlkhed by the Constitution of the United States, and the measures which may he necessary and proper for providing against the'sqme, and thereupon to take care that the Commonwealth of Sojifh Carolina shall suffer no detriment." A disruption of the ties which had hitherto bound us to our sister States was one thing contemplated. But the ultimate decision was left to tl;ie Convention, as the Sovereio-n Authority. It was, then, within the purposes of this Convention to abrogate the Constlixdion of the United States. .South Carolina, for a ' time, at least, might stand alone, and it must have been within the pur- poses of the Convention to modify the State Constttution. A new alliance was contemplated with other States, and it was within the pur- poses of the Conyention to ratify a Provisional and Permanent Consti- tution of the neia Confederacy. These high powers have boj been questioned, yet they are but infer- ences from the general powers. A WAR was certainly within the cod- teniplation of some. Although secession was claimed as a ri-^lit not conflicting with any obligation under the Constitution of the United • States, and, therefore, not revolutionary, it was apprehen('^(^^ restored, the Con- vention will then, but not until then, he functus officio. To protract its existence beyond this period, would be that breach of "good faith" which would ju.'^tify that resort to "force," which is the only remedy for usurpation in the Sovereign. On the other hand, the Convention, in my opinion, would be derelict to their duty if they abandon the helm until the ship is safely in port. 656 APPENDIX TO THE Such was the call under which the voters of the State elepted the members of the Convention. However the fact iqay since have passed from the memories of some, the people, at that time, realized that the body about to be assembled would bo charged with duties more grave, critical and responsible than any which had ever hitherto devolved upou any oonstituted authority in this State. The circumstances under which the Convention was assembled — the terms of the Act under which the call was made — the received opinions of the majority of the people of the State as to the extent of the powers inherent in such a body, were sufficient to 'apprize the most dull that suffrage was being exercised on the most important occasion of their lives. Accordingly, the people called forth their wisest and best men. There was no constitutional disqualification for a seat in the Convention — no abridgment of the people's unbiassed choice. Judges, Chancel- lors, public officers of all Jcinds, clergymen, all were eligible. The result was that the Convention, in the aggregate, has never been sur- passed, in this or any other country, for intelligence, patriotism and moral worth, ' Most of the members were cither men drawn from voluntary retire- ment, or tho°e whose career and position in life were so far determined that the ordinary temptations of ambition were absent. A less self- seeking and more earnest body of citizens never assembled. Such was the Convention, in theory and in fact, which passed the Ordinance under consideration. There* are two other errors in regard to limitations on Conventions, which needvnotice, though they would seem to destroy each other. It is contended by .some that a Convention can neither legislate or perform any administrative act; and to sustain this view it is claimed that it has been the practice of Conventions to abstain from both.* This is one position. Those who tiike this position deny that the Convention can appropriate money or draw from the Treasury. This is all gratuitous assumption in point of principle, and erroneous in point of fact. Was it an act of usurpation, when the Convention, at its first session, ordered three regiments to be raised — two of regulars, by enlistment, and one of volunteers, commanded by Col. Gregg? Still more palpable, then, was the usurpation when they appropriated- three hundred thousand dollars for building a gunboat. The usurpation of the Convention began, according to this theory, as soon as the Act of Secession was ratified, has continued ever since, and haa not been confined to those FOURTH SESSION. 657 who favored the creation of the Executive Council. It is, in general, on grounds of expediency, wise that Conventions should abstain from all ordinary legislation, or exercise of ordinary executive power, where the Legislature and Governor can be at once called into- action. But so far is it from being true that Conventions have on principle with- held from all action of this kind, that I venture the assertion that the Conventions throughout the now Confederate States a'll more or less took, for a time, a sliare of the management of .lifairs into their own hands. Certainly, the Convention of Alabama, the proceedings of whicli I have before me, passed, immediately after an Ordinance of Secession, one "for the Military Defence of the State," another to "reorganize the Militia," with very many others of like character. The power which can create Governors and Legislatures niay, in emergencies, per- form the functions of either. The other most extraordinary position, in direct conflict with the last, is the application of tlie law maxim to a Convention — non potent delegatus ddegare — that is, that ft Convention, exercising itself dele- gated authority, cannot delegate to others. The first position ns.suines that all government mwit be exercised throngli delegated authoriti/, and the second, that it can only be exercised directly, and cannot be law- fully exercised hy delegated, authority. The ordinary and most appropriate sphere in which a Cocvention usually acts, except in "atroci negotio" — dangerous emergencies — is in the creation of governments, limited by constitutions prescribed by the Convention — that is, in delegating portions of their own powers; but a Convention may, in its discretion, proceed to exercise itself any power which it has authority to delegate. Again: the* assumption that to give validity to any action of a Cun- vcntion intended to xdter or susjnmd any part of the Constitution of the State, the ordinance must express that a repeal, alteration or amend- Tnent is intended, is gratuitous, and without reason. Where, I wou'd ask, is any such principle laid down ? Like the Legislature, the Convention may repeal or alter, by implication. The last act of either body is that to be looked to as the exposition of its will, and as constituting the law, and everything con- 'flicting is necessarily repealed, suspended or modified into accordance with the will last expressed. In poist of fact, it was well understood by the Convention that this Ordinance was a siispcusio?i, for the time being, of sotne of the provisions of the Constitution, and it was so iu- 83 658 APPENDIX TO THE tended. I am not aware that, within the Convention, thore wag any one who questioned fhe power of that body to pass the Ordinance. I hold, tlien, that the Convention had the lyght, during the exigen- .cies of the war, to add to tlie powers of the Executive by giving con- trol of some matters which, under the Constitution, are comnuttcd to the Legislature, and to make the Executive, fOr'some purposes, consist of five persons instead of one. In other words 1 hold that the Ordi- nance creating the Council emanates from an authority as high and competent as that creating the Constitution, and that being the LATEST exjiression of the will of this Sovereign Boilt/, it is, during its existence, jiaramount to the Constitution. If this be so, we jwe to look to the Ordinance alone as the charter of our rights and powers. The views upon the construction of the Ordinance I will submit to-uiorrow, as part second of ray report. Respectfully, your obedient servant, L W. HAYNE. FOURTH SESSION. 659 PART II.— ON THE ?0\yERS OF THE GOVERNOR 'AND EXECUTIVE COUNCIL. To his Excellency GovEKNOR PiCKENS, Presiding over, the Execudce Council of South. Carolina : I propose DOW to proceed to consider , ^ THE POWERS OF THE qOVERNOR AND EJ:ECUTIVE COUNCIL, ACTING TOGETHER UKDER THE ORDINANCE OF THE CONVENTION. First, take the title: It is an Ordinance ^^ iov strengthening i\\Q Ex- ecutive Department during the exigencies of the present war. The powers of the Executive are increased, which could hardly be without taking from some other Department, and these neu? powers have reference- tj» the exigencies of the tear. The powers conferred on the Governor and Executive Council, "act- ing together," are, first, to declare mctrtial law, when, and where, and with such limitation, as the Governor and Council might think the exigency of public affairs required. This power, like Aaron's rod, might have been made to swallow all the rest. 3Iartial law is dospoli.sni. It substitutes the will of the ruler for all other law, to the extent that martial law is declared. Martial law declared over the whole State, and its extent (thatis, the subjects over which it should take control) defined, every power afterwards specified in the Ordinance might have' been exercised. This great first power having been clearly conferred, has been to me a guide in determining the general intention of the Convention, and thereby construing all* that follows. There is a power to arrest and detain disloyal and disaffected persons, whose beincf at large is deemed dangerous to the public safety; and to order and eufocce such disposition and appropriatioi; of private property for public uses as the public good requires. There is the power to 77ia/ce and cause to be executed all orders, regulations and arrangements, as they shaW from time to time find expedient, in regard to the military, and for maintaining such cfBciont police as shall by them be thought necessary. The power to appoint agents, to draw money from the treasury ,'to make nominations and appointments to military oflBce, such as the Gcvernor had hitherto 660 APPENDIX TO THE • done ; to fill accidental vacancies in civil appointments until the Legis- lature meets — these powers, except filling accidental vacancies in gffice, all relate to the ^^ cxifjencira of the present war ;" and except the ap- poiutuieuts to military offices, are neir powers, not before possessed by the Executive; and, in express terms, are ft) END toith the close of the war, and disband in en t of our troops. (See Appendix, A.) During the war, and for purposes connected with its prosecution, they are very large. Among the first measures in assertion of the extraordinary powers conferred, was the proposition contemplatiug the seizure -oiisio}is, was pureJi/ a POLIC^ REGULATION for the invaded districts. As to military regulations, I have shown that we had express authority to ^'disregard" legisla- tive enartmenta. The regulation of the police being in the broadest terms committed to us, I deemed that wc liad the same power there. These have been termed ** legislative acts." Regulations as to the i:)ilitary and police, have, for the time, necessarily, the effect of laws. Many orders and regulation.s from the Treasury Department, or the War l)epartment, from the Adjutant General's office, are very like' legislation, in form and substance. " Orders, regulations, and an-ange- ments," so far as the subject-matter to which they refer is concerned, must infringe upon, or rather must occupy, a common ground with "legislation" on the same subject. If the Sovereign has delegated the right to make these regulations, the authority is rightfully exercised, call them by what name you will. According to the views I have presented, it rests alone with the Sovereii^fn power — a Convention of the People, which metes out the powers of other constituted authori- ties — to determine what shall be tlic powers of the Executive De- partment, and what shall be the powers of the department called tlie Legislature. These matters, all of which met with thesanclion of your Excellency, had, as I conceive, been committed to the Executive Department, as constituted by the Convention. ' The next matter, which was, as you know, for some time under the anxious consideration of the Governor and Kxecutivo Council, was the prohibition of the exportation of cotton, except under certain restric- tions, unless expressly sanctioned by the Confederate authorities. This measure, perhaps the most doubtful adopted, was approved by your Excellency and the whole Council, and did not originate with me. My reasons for approving have already been placed on the record, and a copy of the letter stating these reasons, by order of the Council was sent to i^Ir. Meniin'ingcr, Secretary of the Confederate Treasury, and published in the papers. I append a copy of this letter to this report. (See ApperiHix, B.) The establishment of a foundry for cannon, cannon equipage, balls and shell, and for the repair of small arms, with a nucleus for a small- arms manufactory in future, was, in express terms, within our powers. FOURTH SESSION. . 665 So as to the nitre plantation, now in satisfactory progress.. So in regard to the importation of arms and medicines. In the matter of the gunboat, the Governor and Council acted under the direct authority of the Convention, by whom the specific appropria- tion was made. The surveys of the Santee and Pee Dee, and mountain passes in this State, and North Carolina, and Tennessee, though they cost a small amount of money, were, as I conceive, within the general powers com- mitted to Us, as well as the action since taken, as the consequence of those surveys. The two acts which have excited most dissatisfaction are the call for troops for the protection of Greorgetown and the country above, after the abandonment of the Confederate forces, and the action of "the Gov- ernor and Council with regard to a supply of negro labor in and near Charleston for building fortifications and harbor obstructions. Yet neither of these acts, surely, needs any defence on tho score of .compe- tcncif on the, part of. the Governor and Council. The first was, in effect, to bring into service a portion of the population of the State, to be employed in public service, as we believed, of the most important character. Your Excellency's proposition on this subject was as follows : April 12, 1862. ^^ Resolved, That all the militia of Oeorgetown^ Marion, Horry, and Williamsburg, be inimediately ordered out and organized into compa- nies, battalions and regiments, with the best arms and equipments tliat can for the present be procured, and that on6 thousand tents be ordered for them. ^^ ReaoJved, That they elect their own company officers, and that this Council appoint field officers for this organization. ^^ Resolved, That they be rendezvoused near Georgetown, to protect property, and to endeavor to defend the country to the best of their ability, as it is intimated that all our troops in Confederate service will be ordered from that section of the State, and thus open -Georgetown to the enem}'. "Resolved, That the Quartermaster and Commissary Generals be im- mediately instructed to provide proper transportation and supplies for said troops. "Resolved, That orders be issued by the Chief of the Military De- partment to stop any further supplies being furnished to the Confeder- 84 666 APPENDIX TO THE ate troops from the State Commissary Department, and also that the Bame orders be issued to the State Quartermaster General. " Resolved, That the Chief of the Military Department be charged with the execution of the foregoing resolutions." The second, to wit : the impressment of negroes, was a disposition and appropriation (temporarily) of private property for public use. The last I shall touch on in another part of my report. It has been objected that offices have been created. What oflSces? Col. Jones was employed to qudit some difficult accounts, and to act for General Ilarllee in his absence on public business, at an expense of just one hundred and eleven dollars and eleven cents. Major Melton was made an assistant to the Adjutant General, the Council paying only his very moderate bill of expenses in Columbia. Mr. Arthur was made Secretary of our body without any compensation from the Treasury. Lieutenant Follin was given a military rank, without any addition to the salary given him by the Legislature as Clerk to the Adjutant Gen- eral. An assistant to the Adjutant General was given for Charleston, at his request, witrh the rank and pay of captain. A Superinten- dent of the cannon foundry ^d manufactory of arms was absolutely necessary for such an establishment, and so as to the saltpetre planta- tion. Something was paid to some of the surveyors of the Santee, the Pee Dee, and the mountains, and temporary commissions given, though in two of these instances the valuable services of Mr. Niernsee wore rendered gratuitously. Mr. James Tupper was made Central Secretary of the Commissions for the removal of no^roes from the seaboard, and women and children from Charleston, at the request of a majority of the Commissions ; a very laborious office, in which he generously served without pay. The same gentleman has been recently appointed to examine and audit the accounts of this State with the Confederate Government,, going back to the 20th of December, 1860, and he serves for the mere amount of expense incurred in the performance of duty. The Doctors LeConte liavo rendered valuable service in examining salt springs and lead mines, but they, too, have worked gratuitously. The Chief of the Military has a Clerk. I have a Clerk, at the rate of five hundred dollars per annum, and for a time had two Policemen in per- manent employment, at fifty dollars per month. This comprises, I think, everything, and the Ordinance expressly gives the Governor and Council the right i' to constitute and amwiitt bUCii agents as shall be FOITRTH SESSION. 667 necas.^ary for the MORE EFFICIENT execution of the powers conjmed to them." . I am not aware that any of these appointments have been objected to by your Excellency. I shall proceed, in part three, to report upon the action talfen on those matters which have come more particularly under my individual control. Respectfully, your ob't servant, I. W. IIAYNE. APPENDIX. A. AN ORDINANCE For Strfngtheninq the Executive Department during the Exigencies op the Present War. We, the People of the State of South Carolina, in Convention as- sembled, do declare and ordain, and it is herehy declared and ordained as follows : Sec. 1. Until the present war between the Confederate States of America and the United States shall have been terminated, and the' forces raised in this State for the prosecution thereof shall have been disbanded, or until it shall be otherwise ordained by the People in Con- vention, the Grovernor shall be assisted, as is hereinafter directed, in the discharge of the duties imposed, and in the exercise of the powers conferred upon him under the Constitution and laws of this vState, or the Ordinances of this Convention, by a Council, to be called the Executive Council, which shall consist of the Lieutenant Governor and three other citizens of the State, to be chosen by this Convention by a ballot, a majority of the votes cast at such election being necessary to a choice. Sec. 2. The Governor and the Executive Council, acting together, shall have power to dfeclare martial law to such extent, in such places, and at such times, as shall be required by the exigency of public affairs; to arrest and detain all disloyal or disaffected persons, whose being at 668 APPENDIX Ta THE largejUliey shall deem inconsistent with the public safety ; to order and enforce (subject to the owner's right to receive due compensation from the State) such difpofcition of private property or appropriation thereof for public uses as the public trood shall appear to them to require; to make* and cause to be executed, all such orders, regulations and ar- langemcnts, as they shall, from time to time, find expedient for bringing into- service, organizing and supporting, the whole, or any part, of the population of the State, to be employed in the public service, and, also, for maintaining such efficient police as shall, by them, be thought necessary ; to make, procure or employ arms, munitions of war, and whatever else may be required for the defence of the State; to consti- tute and appoint such agents as shall be necessary for the more efficient execution of the pow-ers hereby confided to them ; for these purposes to draw money from the public Treasury, the Treasurers being bound to pay their draft from any money in the Treasury ; to make all such Dominations and appointments to military offices as the Governor has heretofore been authorized to make ; to fill all offices and appointments where there is any vacancy for default of action by the Legislature or other appointing power, or for default of any provision by law of the mode of appointment, and to fill, until the next meeting of the People in Convention^ any vacancy wliijch may occur in the Council by reason of the death, resignation or removal from the State, of any one^of the three members thereof chosen by the Convention, Sec. ^j. In the discharge uf all his duties and the exercise of all his powers, not hereinbefore enumerated, the Governor is authorized to consult the Council, and to require, if need be, its advice in writing. Sec. 4. The Governor and Executive Council may, at their discre- tion, arrange some or all of the business to be done by them, into different departments, assign egich department to one or more members of the Council, and "make rules for the management of a department or other business. Acts done by either of the departments, in con- formity to rules or orders established by the Governor and Council, shall be valid, but shall be always subject to the control of the Gov- ernor and Council. Sec. 5. The (jovcrnor shall have access to the books and papers of every department, and the opportunity of being, at all times, fully informed of the condition of its business; reports to him shall be made by tlio heads of departments, when he may require them; and he shall communicate to this Convention and to the General Assembly, FOURTH SESSIOJT. 669 at every meeting of either body, full information concerning the trans- actions of the Council and the condition of every department. Sec. 6. If there should be a vacancy in the office of Governor, the Lieutenant Governor, having succeeded to that office, shall discharge the duties herein required of the Governor ; and the President of the Senate, having succeeded to the office of Lieutenant Governor, shall become a member of the Executive Council. Sec. 7. The Governor (or if he be necessarily absent, the Lieutenant Governor,) and any two of the members of Council elected by this Convention, shall be sufficient to constitute a quorum ; and the concur- rence of a majority of all present, there being a quorum, shall be re- quired for the validity of any action in which the Governor and Coun- cil are required to act conjointly. If by vacancies, the Council should be reduced to two or only one, the Governor for the time being, with those two or that one, shall be suffi-jient to fill the vacancies in the places of members chosen by this Convention, until the next meeting of the Convention. Sec. 8. The Got^ernor and Council shall keep a record of their pro- ceedings, and for thi.s purpose the Special Private Secretary of the Governor shall be their Secretary without additional pay. This record shall especially show the reasons for every arrest made by their authority. Any one of them shall have the privilege of filing and thus preserving as part of the record, his dissent from their action in any matter. On the first day of Qach meeting of the People in Convention, the record of all the proceedings of the Governor and Council had prior thereto, shall be laid before such Convention, and the said proceedings shall be subject to review, and to repeal, or such modification by the Convention as to it shall seeat proper. Sec. 9. The first meeting of the Governor and the Executive Coun- cil shall be had within seven days after the adjournment of the present sitting of this Convention, at a time and place to be fixed by the Governar, of which he shall, give notice to each member. Afterwjfrds their meetings shall be regulated by their own orders and adjourn- ments. Sec. 10. Each member of the Council shall receive an annual salary of two thousand dollars, payable quarterly out of the Treasury upon the draft or order of the Governor. Sec. 1L The President of the Convention, if in his opinion the public exigenties shall require, or if he sh;Ill be rcqucbted in writing so to do by any twenty members of the Convention, shall by oolice under C70 APPENDIX TO THE his hand duly published, assemble this Convention, without delay, at a time and place to be by him fixed, and he shall appoint a Committee of five members of the Convention, a majority of whom, or the survivors or survivor of such majority, shall, in case of the death, resignation or disqualification of the President, have the like authority and be under the like obligation to assemble the Convention and appoint a time and place for its meeting; but neither the President of the Convention nor any member of the said Committee shall be a member of the Executive Council. [Certified copy.] B. F. ARTHUR, Clerk of Convention. B. Executive Council Chamber, Columbia, S. C, April 4, 1662. The following preamble and resolutions, adopted by the Governor aiul Council, have been ordered to be published : * * ;i; * * * . :(: Whereas, information has reached the Governor and Council that sundry small vessels have from time to time carried from the port of Charleston cargjjes of cotton, which the Governor and Council have reason to believe have found their way to the enemy, and which cer- tainly have not brought back return cargoes of arms, munitions oV army vsupplies : Therefore, Resolved, That during the continuance of the present blockade the exportation of cotton from any port in South Carolina is hereby pro- hibited, unless by the express permission of the Confederate or State authorities. lieaulved, That an agent, resident in the city of Charleston, be ap- pointed, who shall be authorized to grant permission for tlie exportation of cotton on the terms hereinafter prescribed, to wit : Affidavit shall be made that no part of the cotton exported shall, with the consent or con- nivance of the exporter, find its way into the possession of the enemy ; and bond, with good surety, shall be given that the full amount of the not proceeds of the sale of .said cotton shall be brought back into the • FOURTH sp:ssion. 671 Confederate States in arms, munitions of war, or army supplies, unless prevented by successful interposition of the enemy. [Extract from the Minutes of April 4.] By order of the Governor and Council. . F. J. MOSES, Jr., Secretary. Columbia, April 11, 1862. The resiolutions of the 4th of April, after lying over for two days, and thesubjcct-TDattorundergoinfj discussion for several days previously, were unanimously adopted, the policy being approved by the Governor and every separate member of the P]xecutive Council. We believed that we were but attempting, as far as it was in the power of the State authorities to do so, to carry out a settled policy, sanctioned by nine- tenths of the people of the Confederate "States. We have been of opinion that the exportation of cotton, at all, was conceded to be an evil, so long as the blockade was tolerated by neutral powers, but that our necessities were such as to make the importation of ^^ arms, vmnitions and army supplies," and perhaps some other articles, an object so important that such importation more than count erh,alan<'cdihe civY of a limited exportation of cotton. We desired, without in any degree interfering with the Confederate Government, to make Uie ex- portation and importation" "correlative. To effect this, we prohibit exportation, without erprcss permission of the authorities of either one or the other of the Governments. The failure to prohibit by the <]on- fedcrate Government is not an express permission. The custom-house 6learance we have not considered as an express permission, unices the Government should ihrhire that it is so intended. If it should sg declare, we are foiled in our efforts, that is all. But if it does not .so declare, we propose to prevent the exportation, unless by a special permission, according to the circumstances of each case, from the one authority or the other, or by a permission through an agent on the general terms specified in the second resolution. Now, this can surely bring about no conflict between the Govern- ments. As to the citizens claiming rights as secured by existing laws, that, I admit, is a different question. That is a question we supposed would be made ; but unless the Confederate Government interferes in their behalf, we do not doubt cither our power or the propriety of its exercise. 672 APPENDIX TO THE Some months ago, you must remember, that Mr. Trenholm proposed to ship cotton, and had a vessel partly loaded fof the purpose. Public opinion was, at that time, so general and decided in opposition to such exportation, that 3Ir. Trenholoi, when appealed to, yielded to its force- He desisted for the time, and took the cotton from his vessel. I shall not now enter into the argument to show the grounds upon which this overwhelming popular. sentiment rested. I expressed my views pretty fully through the papers at that time. Suiliceit that, in the opinion of the Council, tliis sootimeut is well founded. We believe the exporta- tion of cotton, In any other than certain exceptional cases, to be injuri- ous to the public interests. We are charged with high powers for protecting the public safety, and promoting the public welfare in the exigencies growing out of the present war. Among these powers are these : "to declare martial law ; to arrest disloyal or disaffected persons^ whose liberty wc deem inconsistent with the public safety ; to make Buch dispositio7i of private proi^rty, or appropriation thereof, for public uses, as we consider that the public good requires." "We "are further charged with " procuring arms, munitions of war, and whatever else may be required for the defence of the State." Now, cotton about to be exported is *' private property," about, as we believe, to be appro- prijited to mischievous uses; have we not the power to "dispose of" it in another way ? If, in our opinion, it is needed "to procure arms, munitions," and other things " required for the defence of the State," have we not the power so to appropriate it ? If we have the power to seize, dispose of and appropriate the cotton for such purposes, can it be usurpation to declare that the owner shall so appropriate it, if he ex- ports it at all ? The mere paper declaration \q hrutum .fulmen unless enforced. If called upon to enforce the declaration, then begins the exercise of real power. Of course this has been considered, and when we seize the cotton and vessel, and ajtpnijiriatc. them ourselves to j)ro- cure arms, by sending them ourselves to Europe, we will do no more than exercise a power clearly delegated. This argument applies to the powers of the Governor and Council, under the Ordinance. As to the power of the State, does not the right of eminent domain give to a State the absolute right to appropriate all private property to public uses, subject only to the claim for compensa- tion ; more especially in times of war and public peril ? The simple resolution is no more than a Governor's proclamation. It may be bad taste to order what cannot be enforced, but as I have before said, it is only when enforcement is attempted that any substan- FOURTH SESSION". . 673 tial usurpation can exist. The right to enforce^ in the way we propose, is, in my judgment, clearly in the State, and as clearly delegated by the State to the Governor and Council. I incline to think that any in- terference with the exercise of this right, by the Confederate Govern- ment, would be usurpation on their part. But tee do not propose to raise any question with that Government. When that Government orders or asks, or even expressii/ permits cotton to go out, we not only do not attempt to enforce prohibition, but we declare beforehand, our assent. I have Avritten very hastily, but the subject I have considered. If Mr. W. F. Colcock be in Charleston, please show him this Jetter, and ask him if he will accept the agency. Ke was appointed Agent simultaneously with the adoption of the resolution, and a copy of the resolution sent to him, I am yours, truly, I. W. HAYiNE. To C. R. Miles, Esq., District Attorney C. S. 85 674 APPENDIX TO THE PART in.— ON TUK SPECIAL ACTION OF THE DEPART- MENT OF JUSTICE AND POLICE. Tu his Excellency Governor Pickens, Presiding over the Executive Council of South Carolina: I proceed DOW to report upon those matters acted upon belonjiing es- pecially to the Department of Justice and Police, or committed to the head of that Department. Fir.-it, as to the correspondence and conferences with the Commis- sions appointed by the Couverition to take charge of the removal of nctrroes from the invaded Districts, and of women and children from Charleston. Tliosc Commissions, appointed by the Convention, and charged with discretionary powers, arc independent of the Governor and Coun- cil, and were. approached only in the way. of suggestion, and for the purpose of obtaining information. On this subject, I have already reported, in special report No. 1, which I append to the present. (Sec Appendix, A.) These Commissions will report, I presume, directly to the Conven- tion. I have, as the head of the Department of .Justice and Police, held correspondence with the Provost Marshals presiding over the Police Courts established in the Seaboard Districts, under an Act of the Legis- lature, entitled " An Act to provide more efficient Police Regulations for the Districts on the Seaboard." This Act, providing Police- Regu- lations fur the invaded Districts, is that to which I alluded as having been altered in some particulars, by order of the (jovcrnor and Council. The alterations do no more than carry out what appeared to bo the intention of the Legislature, except that extending th'e provisions to Charleston. Before the new -Court was organized, martial law was declared in the city, and the Mayor declining to act as Provost Marshal, no steps have been taken to put it into operation. Undoubtedly, the amendments were " Police Regulations," intetjded to make " more efficient'' the " l-egulations" already existing. These Police Courts have, I think, for the must part, worked well, and have had a wholesome influence. FOURTH SESSION. 675 The enforcement of the regulations prohibiting distillation of grain ^ and tlie sale of spirituous liquors in certain places, has been committed to uie. In the matter of distillation my information is that the inhibi- tion has, to a great extent, executed itself. Instead of distillation increasing to the fearful extent which was threatened, it has been less than was ever known before. Whether any prosecutions are in pro- gress, I do not know. Hearing of some violations in the District of Pickens, I appointed a Special Police Agent, to go to that District and ascertain the facts. Several names were furnished him, but as no atii- davits accompanied he made but one arrest. This was an individual ■whom he caught in the act of distillation. He was brought before me, as the head of Police, and placed in jail unlil I should determine what proceedings should be t^ien. After investigation, I discharged him without prosecution, on his promise to give bond, with surety, that he would not further violate the regulations of the Governor and Council on this subject. Another Agent was subsequently sent to Union Dis- trict, who caught a man there almost in the act of distillation, and who confessed that he had been so employed. The Agent made affidavit of the fact, and the Sheriff, under my orders, arrested the distiller, and delivered him to the Agent, to be brought before me, and lodged in jail, in Colujubia. Some delay was C5eated in this case, by the employ- ment of counsel, but, he, too, was, after investigation, discharged with- out prosecution, on his 'giving bond not to violate further the regula- tions of the Governor and Council. An Agent in Pickens has more recently made as many as six arrests, but, as he informs me, on warrants issued by a Magistrate, on affidavit made that the parties were engaged ia distillation. I have instructed bin; that, upon giving good bond, and paying the cost and charges of Magistrates and Police Agent, they should be discharged without prose- cution, unless otherwise directed by the Solicitor of the Circuit. In all cases, the Police Agent is instructed to bring away the still of the party offending, to be used in the cannon fuundry. In one instance, upon affidavit of the distiilation of certain distilleries, the stills were seized without arrest of the parties. . For the sale of liquoron the line of the railroads, I have had occa- sion to httve but three persons brought before me, all of whom acknowl- edged their guilt, and wore glad to be relieved on giving bond and paying "expcDscs. Several in Columbia, upon being warned, have volunteered the bond, and no actual arrest haa takcti place. In three instances, bar-rooms have been closed, and the key taken by the 676 APPENDIX TO THE Policeman, but afterwards restored, upon giving bond. I have not considered any harsher action ncccssarj, inasmuch as the evil origin - all)' coniplained of — drunkenness of troops on railroad cars — has, to a great extent, disappeared, and public bar-rooms at the termini of rail- roads and at railroad stations, have been eft'ectually suppressed. It will be ob.served that these arrests and temporary detentions, en- forcinij rr>n^ of police , arc such as the hciid of every municipal corporation makes daily. So far, they have been used Jo secure prelim- inary examination, as initiatory to an investigation of the violation of Police iicgulations. These arrests are incident torthe'power " to make and i??>/J/?-tr " the " Regulations " themselves, and arc in nowise con- nected with the sul^stantive power_^" to arrest and detain disloyal and disaffected persons, whose being at large was deemed dangerous." This latter leaves the party arrested without claim to bail or mainprize^ and subject to imprisonment, as long as the Governor and Council might deem necessary to the public safety. I am p1ea,sed to state that no occasion has occurred requiring the ex- orcise of this high power — the arrest and detention of disloyal and disaffected persons. X^e first case presented was that of some man in York District, who, upon affidavit made of disloyal language, had been arrested and carried before Judge Witliers. The Judge turned the matter over to the Governor and Council, stating that there were cir- cumstances inducing him to doubt the sanity of the party. By order of the Governor and Council, a Commission was instructed to examine into this issue. The physicians appointed on the Commission reported the man insane, and he was treated accordingly. Very many affidavits have been sent us, and still more frequently letters charging disloyalty, but we have in no case been convinced that the party charged " being at large, was inconsistent with the' public safety." One man was sent to me in Charleston, under arrest from General Evans, charged with disloyalty. I committed him to jail, but the charge not being pressed, and knowing something myself of the party, and believing that there was some misapprehension, I some days aftarwards discharged him. The passport system, introduced at the instance of yqur Excellency, was committed to me. A passpoit was required of all persons coming into or going out of Columbia. To execute this, I employed two police, 'men, at fifty dollars per montli, to attend to this business, and remain subject at other times to my order. With the cooperation and assist- ance of the llailroad Agents the system worked with some degree of efiicicncy, but it was found that, without incurring much greater ex- FOURTH SESSION. 677 panse, the surveillance could not be made complete, and the necessity not appearing urgent, the resolution was suspended. Upon the matter of the supply, of negro labor for the defence of Charleston, partially committed to me, the question has bdJn so delicate and full of difficulty, that I have not ventured to act without consulta- tion with yourself and the Council. . The Council found the system of impressment of negroes already inaugurated by a resolution of the Leg- islature when they came, into office. Complaints were already loud and frequent, 'ihe first efforts of the Council were directed to putting a limit on the existing power. Your Excellency, as well, I believe, as every member of the Council, preferred that tlie forced labor should be taken from that portion of the State where it was Icaht "available to the owners and to the community, and could be best spared. They con- fined the impressment to the city and- the adjacent invaded Districts. The (^nfcderatc Generals loudly Complained, and a Commission, ap- pointed by ourselves, reported that it was impracticable to get labor enough there. Gen. Ripley declared, in plain terms, that with a sup- ply of negro labor Charleston could be made s(i/r,h\it that without this labor he would not feel himself responsible for consequences. I myself, at this point, was willing to do what we have recently ordered, that is, open the whole State, and equalize as far as possible the burthen. Your Excellency and the other members of the Council, hoping that each call wowld be Hhe last, preferred still to confine impressment within as narrow limits as possible. Thus, until the adoption, at j'our instance, I believe, of Col. Chesnut's report, and the system there re- commended, impressment had been confined to Georgetown, Charleston', Colleton, Reaufurt, Williamsburg, Clarendon, Orangeburg and Rarn- wcll. The number of negroes furnished from this region 1 have rfot been able to ascertain, but, altogether, it must be more than is now called for from the iJistricts hitherto exempt. Nothing that has or can be said on the subject of hardships and mis- chiefs growing out of such requisitions, has escaped the consideration of your Excellency and the Council. It has appeared to us, however, under the circumstances, a necensi/i/, and we have met it. The same necessity which justifies the conscription of the white man, justifies tlie impressment of the negro. As I have said, the power to impress is'hlearly given under the authority to order and enforce tl^ disposition and appropriation -of private property to public use; the only question vrhich has arisen, was on the. propriety of its exercise. It is proper to state, in this connection, that although the Governor 678 APPENDIX TO THE and Couucil arc responsible for the cxteot of the authority given to the Confederate Generals, in the earlier stapes, thejcquisitious themselves, as well as the mode and ujanner uf enforcement, was committed to them. The calls wer» so sudden, and the emergency represented as so pressing, that, considering the- occasion as temporary only, it was left to those who best understood the necessity, and who alone had the practical means to enforce obedience, to raise the labor required. Afterwards an agent was appointed, to act under the directions of the General — but though instructions were given to eijualizc as far as possible the burthen in the region dc^iirnatcd, still, where parties neglected or refused to respond to the requisition, the ev/urccment was, from necessity, com- mitted to the Confederate General. We had not at command either troops or other means lo compel compliance. On such a subject we, of course, have received many memorials and communications, to which we havd respectfully replied, through some member of the body. One memorial, signed by the greatest number of citizens, and by gentlemen of the highest consideration, was, before we . had time to act upon it, published in the papers. In reply to this, we published a report from Professor Holmes. I have before adverted to the resolution- introduced by your Excel- lency, on the subject of the manufacture of salt. It is as follows : " Rcxolvcd, That fifty thousand dollars be set aside to encourage and force forward the manufacture of salt, and tliat the Chief 'of Justice and Police be authorized to execute this in such manner as he may think best for the State." ' Though the wholo subject was thus committed to me, the practical exercise was so far removed from my past pursuits, and so little in the line of any natural gifts which I might suppose myself to possess, that I invari/ibly applied to the Council for advice. The very extraordinary price to wlrich, soon after, salt advanced, seemed in itself as well cal- culated "to force forward" its manufacture as anything within the power of the Council. Some men, however, who desired to engage in the manufacture, were without the means, and it was deemed expedient to advance the money — to be paid for in salt. All .seemed to be checked in some degree by the fear of loss by capture or 'destruction by the enemy, and the Council ngrecd to assume that risk, on certain conditions. At a time when Charleston was greatly threatened, and after the FOURTH SESSION. 679 Confederate troops had abandoned Geor2;etown, the coast in Collefon and Beaufort being already, to a great extent, occupied by the enemy, Horry appeared to be the only region open for salt operations. Gen. Harllee, being well acquainted with the people and the localities, undertook, at the request of the Governor and Council, to go personally and make contracts, and appoint an agent to represent the State. So far as that region of the State is concerned, I am only charged with superintending ,the contracts thus made. A tabular statement will present what has been done. (See Appendix, 13.) In addition to what there appears, I will add that Professor John LeConte, at my request, visited a portion of the country where it was supposed that salt wells might be obtained. His report was unfavora- ble, and the estimate of Mr. Wclt(5n, the Superintendent of the Artesian Well in Charleston, as to the cost of an experiment, being very high, it was not thought expedient to enter upon the enterprise. Due inquiry has been made at the salt works- in Virginia, as to the possibility of making some arrangement for a supply of the wants of the State, but the information so far is. unfavorable. I was charged with the execution of a resolution, adopted March 1st, to wit : • *'RcsoIve 1— ( s "^ i^ (SJ 'W « ^ 1 S ■§j?fe"S . o « J^-a*: a • M w p: ■g « S'S CH^'ca f^ 11 IZH? t o c 0^->1 05 C5 3 <>r i; c-i a ■ _ 1 ^• •Is S2§* -•a a ^ a S8 n ^ a rt ^ © 3 a a < ^1 tc^ *:. sla 9 3 c « c < 8 rf_ < fen. JoS »• o u •S^ •i 5^S •ss D U o 3 =J C-H ca L o o -a SSI 352 QC ® 1 p. 9 ja-o ii a C t Ifr ■" ja u '- - . •St^ o-o « 3 -^ a a j3 " 6 « D O 2 s 1-5 c o "5 1-5 3 "5 Si g 1 §1 c ^« rt >>> g P. ii f a 0) g "0*3 P.T3^ 3 s J3 ■a 5 c3 H II s ?i^ C3 c a a a 7: 3 in p .-■■5 "3 « 'b it -S ja p. 3 -3 S s CO 3 to is s "O 03 c. 3 a I' "5 - li 3 ■a « 3 J3 ~ — a ••°s^^2- 0-2 -^ -*5 ,c ^ o-f^ Oj o<-'-^ (fi k R « o^«*>M«* H , H H t ^ . X o »v H o ■ 3 o ■•1 . ••1'' CO « « « , t-t ■ ^1 n ^ I— d t^ ■*^^ ^J r-l a o o n3 a f a a «; l-H o. 3 Q -!! »^ t^ f o fa e H' o_ 0^ 10 ira_ o 3 Cj" eo^ lO r-Tr-T E g «» "< S 6 « t^ N £v >o 5-=! c-i '"' •ffg '■^ .TS a a >. -n ° r-l 5, a 3 "5 ft ■ n O i-i ^ .!* FOURTH SESSION. 687 Contract made by J. T. Walsh, igent, under appointment of Gen. Ilarllee. Contract made by J. T. Walhh, Agent. Contract made by J. T.Walsh, Agent. Commenc'd op- erations Awr. 11, 1862, mak- ing 40 bushels per dty. August 13, 1862. operations not commenced. Aug 13, 1862, op- erations not com- n^enced. Aug 13, 1802, op- erations not com- menced. • To deliver on Waccamaw 600 bushels, at $i per bushel, at following times : 106 bushels on Nov. 1, '62 ; 100 bushels Jan. 1. '63: 100 bushels March 1, '63; 300bushels Junel, '63. Of the advance $1,200 to be cash, and $1,200 on June 1, '63. To deliver on W.iccamaw 500 bush- els, at $i per bushel, as follows : 100 bushels November 1, 18H2: 150 bushels J;inuary 1, '63; 2oV. bushelH April 1, '63. Ofthead Vance. $1,000 to be rash, and $1,000 on April 1, '63. To deliver on Wacciwnaw one half manufactured from Aug. 1, '62 to June 1. 'i'3. at .?4 per bushel say 800 bushels, 266;^ on Nov 1 '62 ; -jeo^on Feb. l!63; 266% ■ on June 1. '63. Oftho advance. S;l,500 cash, and -.1,700 payal)le June 1, '63. To deliver at Fair Bluff, on Wil miiigton and Manchester Rail ro.id, 706 bushels, at $i 25 per bushe'. One-h.ilfassoonas miiiie — and whole before June 1, '63. All salt manufactured to be sold in South Cariilina. in cqnsideration of the State insuring the worlis again 5t injury by the enemy to the extent of $2!nii0— not to be p.iid in any other event. 1 , •* to . 00 ^>o - 1,200 * 1,000 1,0 1,500 1,700 3,000 2,000 1862. Aug. 5 1863. June 1 1863. April 1 18C3. June 1 1862. Aug. 6 1 ! 1 ■ 1 >5 t OJ S c c u. "c 1- Hanover Couiit\, N.U. c tr C 1 a I > c I I § ^ g E \ I i •c « I- 00 Ol ! 688 APPENDIX TO THE REPORT OF THE CHIEF OF THE DEPARTMENT OF TREASURY AND FINANCE. Executive Council, South Carolina, Department of Treasury and Finance, Columbia, August 1st, 1862. To nis Excellency Gov. Pickens : Sir : In accordance with your request, I have the honor to subaiit a Report upon the transactions of the Department of the Treasury and of Finance. This Department was assigned by the Governor and Council to the Hon. Wm. H. Gist and myself, under the Ordinance of the Convention, entitled an "Ordinance to strengthen the Executive during the exigen-- cies of the, present war." My associate having been subsequently appointed Chief of the Department of Construction and Manufacture, the duties of (his Department have, since that time, devolved princi- pally upon me. Rules for the management of this Department were adopted by the Governor and Council, on the ITtli of January, 4862. A copy of these rules are herewith subiiiitted, marked A. By these rules the Chiefs of the Treasury were required to ascertain what funds were subject to the dralts of the Governor and Council, and what demands existed against the said funds; to enforce the proper accounting of disbursing officers, and to require to be submitted, whenever practicable, estimates for ex- ptnditures, before advances were made from the said funds; to adjust and present for payment such claims of the State against the Confed- erate Government as had not been entrusted to other hands; and to keep regular accounts, of the receipts and disbursements of the Depart- ment, and exhibit them to the Governor and Council whenever re- quired. The onli/ fund upon which drafts have been drawn by the Governor and Council has been that derived from the sale of stocks issued under the Act of Assembly passecf in December, 1861, and entitled " An Act to authorize the issue of stock to the amount ,of $1,800,000, for the military defence of the State, and for other purposes." The funds arising from the sale of this stock were subjected to the order of the FOURTH SP]SSrON. 689 Governor by the A4»propriabion Act of 1861, and these funds have been drawn and disbursed, in every instance, upon your Excellency's drafts upon the Treasury and checks on the Bank of the State .and its ]5ranch in Columbia, countersigned by one of the Chiefs of the Treasury. Froib the Statements 1 and 2 of the Treasurer of the Lower Divi- sion, herewith submitted as Exhibit B., it will appear that of the $1,800,000 authorized to be raised by the Act of 1861, there has been realized, from the subscriptions of sundry Banks of this- State to the stock issued under the said Act, including interest, the sum of §1,521,180 81. The difTcrence between thepriucipalof thissumand the whole issue authorized by the Act ($285,290), is th0 proportion of the Bank of the State to the slpid subscriptfbn. For this balance of stock unsold, no issue, as J am informed, will be made, but the said sura will be advanced by the Bank of the State as the exigencies of the Treasury may require. Of the cash realized from the sales of the said stcfck, $300,000 was appropriated by the last Legislature to the payment of the loan to the State, made by certain Banks under the resolution of the General Assembly, adopted at its extra session, held in November, 1801. This last' sum, together with the interest thereon ($2,803 09), deducted from tlie cash proceeds of the sale of the stock, will give $1,218,377 72.' The amount paid into the Treasury by the Bank of the State, according to the statement of the Treasurer of the Lower Division, is $1,254,706 98, which is $36,329 26 in excess of the proceeds of sales, after providing for the roan of $300,000, and is to be reimbursed to fhe Bank from the balance of stock unsold. J*]xhibit B. No. 8, will show the details of this computation. As to the periods at which the stock was sold, it may be proper to state that the Presi- dent of the Bank of the State found it impracticable, as I am informed by him, to act upon the suggestion of your Excellency, that the stock should be sold only as the demands upon the Treasury might require, and thus avoid the los.s of interest which the State would otherwise incur. The Banks which sub?cribcd»for the stock, having* set apart funds for that purpose, were unwilling to postpone their investments, or hold their quotas idle, and hence the sales were made at the times mentioned in the Statement of the Treasurer. The accompanying account marked C, exhibits in detail, all- the receipts and disbursements by the Governor and Council up to the date of this report. The aggregate of expenditures is $938,235 57. The items which make up this sum, arc arranged under the different heads 87 690 APPENDIX TO THE of disbursements for tlie respective Departments o^the Council and for the contingent expenses of the Executive and Adjutant General's De- partments. The amount expended for each of these Departments is as follows : For the Department of Military 8826,404 82. For the Department of Construction and Manufacture 89,684 57 For the Department of Justice and Police 15,985 48 For the contingent expenses of Executive and Adjutant General's Departments 6,160 70 All of the purposes for which the above expenditures were made, were, strictly speaking, for the military defence of the State, being directly or indirectly connected therewith. JSut I have thought it best to make the classification above indicated, so as to, show the expenses of each Department, and to make the general accounts of the Treasury harmonize with and corroborate the separate reports of the diflerent Departments. , , In accordance with the rules of this Department I have required that all advances of funds should be preceded, whenever practicable, by requisitions approved by the head of the proper Department and passed for payment by the Governor and Couiicil. The accounts of the various Military Bureaus have also been critically examined with their vouch- ers, and being approved and certified have been deposited with the Chief of the Department of the Military. I respectfully request that the 'books and vouchers, from which the accounts now submitted are prepared, may be examined and passed upon by such Committee as yuur Excellency may select, or such as £he Convention or Legislature may designate. The abstracts, marked' D., which accompany this report, exhibit in a condensed form the present condition -of the stock and cash account and, the balances thereof still subject to draft under the Appropriation Act of ISGI. The said balances at tliis date are as follows ; • For Stock unsold .....6285,290 00 Less advanced by* liank : 36,320 26 248,060 74 For Cash in State Treasury •.. 254,706 98 For Cash in Baqk of State ('.!), 686 13 For Cash in Branch Bank, Columbia 24,196 37—348,539 48 Aggregate balance of Stock and Cash $597,500 22 . • rouRTrr session. goi This balance, still subject to the order of the Governor and Council, will, in all probability, be increased, at no distant day, by the receipt from the Confederate Government of the amount expended by the State upon the iron-clad gunboat now in coui;se of construction in Charlcs- *ton, under the order of the Convention, and whieh boat the said Gov- ernment has agreed to take at its cost. The amount thus far paid on account of this boat is ^170,000. This sum has been drawn from the fund arising from the stock sold under the Act of the l^rgislature for the defence of the State, without resort to the appropriation of the Convention for that specific, object. The above balance of cash on hand may be still further increased over 8100,000, by funds arising from the sale of Ordnance, Quartermaster and Commissary stores. Thesf Columbia Bank of Hamburg Planters' ]3ank, Fairfield Bank of Chester Merchants' Bank of South Carolina Bank of Georgetown Bank of Newberry Bank of the State of South Carolina* (not issued) ,330 ,021 .079 ,621- ,621 .621 ,000 .159 ,540 .040 ,000 .486- ,831 ,416 ,485 ,650 Amount fu nished. $368,330 121.620 107.070 121.620 121,620 121,620 180,000 93,150 53,540 53,540 32,000 36,360 42,830 21,410 40,000 285,290 M, 800,000 $1,800,000 Banks that refused to subscribe : Bank of Camden, Commercial Bank of Columbia. • This reprtsenis the balance unsold in the hands of the Bank. i FOURTH SESSION. EXHIBIT B.— No. 2. 695 Procceds.of Sales of Seven Per Cent. Stock, $1,800,000 Loan, issiied under Act of December, 1861, and Disbursements of the same under Appropriation Act of December, \.%Qi'\, and under the regulation of the Executive Coitncif. «. 1862. January 24 February .3 Miucli 14... March 24... J.auuary ] May 19 May 24 April 14.... July 17 RECEIPTS. Proceeds deposited by Bank., DISBURSEMENTS. Paid draft of Governor in favor of C. M Fur- man, President Bank of State, under Act of December, 1861 Pai(< order of W. H. Gist, Cliief of Treasury Dt'piirtinciit, under resolution of Executive Council, deposited in B;iuk of the State, "subject to draft of'Governor, countersigned by one of the Chiefs of Department of Trea sury and Finance" -. Paid same and deposited as last. Transferred to Treasury Upper Division, on draft of Chief of Treasury and Finance.. Paid Fj AV. Pickens, Governor, and \V. W. llarllee, Chief of Treasury and Finance... Balance undrawn 7th August, 1862. $688,500 00 230,000 00 292,872 42 43,33-f 66 $1,254,706 98 500,000 00 100,000 00 100,000 00 150,000 00 150,000 00 1,000,000 00 $264,706 98 W. J. LAVAL, Treasurer Lower Division. 696 APPENDIX TO THE EXHIBIT B.— No. 3. ■Statement shoicing Sales of State Seven Per Cent. StocJcy under Act of Deccmher, 1861, hi/ Bank of the State of South Carolina, and disposition of tlie proceeds thereof. March 1. 1862. 1 January G By Union B:ink Bank of Newberry , Bank of Suuth Carolina People's Bank , Planters' and Mechanics' Bapk., Fanners' aud E.\ehHn>;e Bank ., Bank of Charleston Railroad Bank , State Bank Bank of Cliester Bank of Hamburg Bank of Georgetown , Merchants' Bank, Cheraw , Planters' Bank, Fairfield Exchange Bank, Columbia......... To the following Notes and Interest, held by the Banks, for Loan of $.300,000 under Act November, 1S61 : To. Bank of Hamburg Merchants' Bank, Cheraw Farmers' and Exchange Bank People's Bank '. State Bank Bank of Ch.arle?ton Planters' Bank, Fairfield...... Southwestern Railroad Bank Bank of Georgetown Bank of "Chester '....., Bank of South Carolina Exchange Bank, Columbia Union Bank Planters' .and Mechanics' Bank Bank of Newberry '. Bank of Camden •« Commercial Bank, Columbia..; January 24 To Amount transferred State Ti'easury. February 3 March 15... March 28... Balance. $11,004 87 8,809 78 21,815 87 21,749 54 21,753 68 68,749 33 6.525 76 18,978 73 4,401 -88 6,525 77 21,753 68 10,876 34 21,7^3 67 21,753 63 8,682 98 9,959 49 •17,708 09 $302,803 09 $088,600 00 230,000 00 292,872 42 43,334 56 $1,557,510 07 $121,620 00 40,00Q 00 121,793 61) 180,121 53 121,91)8 60 121,970 78 369,940 80 93,998 59 108,095 GO 36 664 35 53,540 00 21,670 66 43,348 47 32,337 55 54,170 98 $1,521,180 81 36,329 26 $1,557,610 07 To Balance d.ue Bank of the State of South C^arolina, to bo refunded out of the Stock subscribed for by the Bank, viz. : .$285,290 00 $36,329 26 FOURTH SESSION. 697 CONDEXSED VIEW OF STATEMENTS 1, 2 AND 3, IIXHIBIT B. Amount of Stock authorized by Act 1861 '.......$1,800,000 00 Less amount of Stock unsold..". 285,290 00 Amount principal of Stock sold 1,514,710 00 Add Interest accrued on above Stock when issued 6,470 81 Whole amount realized from sale of Stock 1,521,180 81 Leps principal of Loan paid to Banks S300,000 00 Also Inteieston said Loan 2,803 09 — 302,803 09 Balance proceeds sale of Stock after pajmcnt of above Loan 1,218,877 72 Amount paid into the Treasury by Baak of State 1,254,706 98 Amount advanced by 'Bank on its subscription of $285,290 00 :.... 36,329 26 698 APPENDIX TO THE e o — f-< c B- si ■a s CO C5 I . 0) .a aj-S.2 2^ S M << -a J ^ £ .-. 'S c ^ " § = 5 Ts 2 >- a > o .^ §^ a I ,^ y CD o -« £•=■ :5 S 3 t S,- ci t- s c ?P5 = '5 • ' a : te ° a i^ fe r-" : -^ ■3 i^-pi5 iS g ^ c j; c* " >- c a •1-5 : >> -is ^ "^ ^» .S'o t« o s =* "? Qp; o ki C &T? ». ^.t: *.- 2 :-? : 2 S ''^ -.^i • oT : 3 a I'jf ■ ° :^ a=i: >1 3 O g < < .2 "3 o ^ "-* 3 O 3 --1 <) 3 n a « 3 CS - O rl W2M o n o C 3 &i o o a> <; <3 FOUKTII SESSION. 699 o o o o lO '.'^ I- lOoo— 10000 '^ 1^ in .0 ■0 b- .n, 00 = •^ CO c^ cc g: ^ C0350t^OOOOQQ o> 01 t- rH t^ c ■=> 00 CO CD iOC^o -< _, <= CO C5 — CO t^ 1-1 '-c c-1 ■0 lO M ■^ IM 0000 i~ ^ •* -o CO --S 'Ci t~ t^ rf CO CO M M w es c-i ■* 1- I-l CO r-l lO ■ rtl ■V} ^ CO 1— CO -* I-H 00 CO I-H C^ •<* CO PS HH O 1-5 &■ W § o o w C-r£ p^ Cj P^ H ECO g rt .0 ttffi Pi -r.s W Q c E Ph \M teg ^ c<« 5 rn - ^--"^ H ? ., k5 w S •>: -J r/j wu>: P3 e5 ^:'« so •r- lo PS g I- o g 3 5 » S « ^'2. a 5 5 = 2. 5 ►- "^ .0 g : a ■= s M o P- I- ^ „ • . l-^ iZ C ^ w * • o o^C; a a a g *^ o t. g ^ 4 :5 o q ci => C g ^ 3 ¥ ^5 a.^ J> n o c3 .2 s a " a Uh .=' ■ to* - -/ - 3 '5 o H .• ^ . z . a .^ ■ Z: i i -'-fi . • . a. .^> 1; -r! J St .-:,^ < ^ "^ - _. .^.[t| <; 5- « . "c .2 . • .0 Ph o»^p; Oi-sT o CO S a 0) N ., K i* — _a ^ c o g :2^ ^ CO 5 fc2 ai-s = M;:; _o S 5P3 li| t. 3 ij ti a - - n 3 ? S 5 St ■- P^ =s t~ »> pH,i-< la ;£^ o e>» -H t~. <: :: 5 r s 5 J 700 APPENDIX TO THE P c ^ «o o <^ tr^ c-ciHl-ii-f'i-l ^ FOURTH SESSION. 701 o o o CO o o ooooe<5>oo5D>noo o .0 1~- f s. CO o o oo CO O tH Ot^l^OOOOi»OOOi^Or-r o O CO o» l-H <=> O n O CO <=? »)< "C 1^ ^~ <=> o •n O CO OOr-li-lOl^ — O-TMi-H i^ o o CI 00 10 > =^ 2 a t. ■• 3 E. : C-^ 3 lu " S * -e to = I— ( o o ? -^ - c3 ^ - _ p- = (S « ;t .;; . - ^ a; ^X. a V •- o = =^ u- i^ -? o = >« to i; 2 •;5 to u o I- "S S - a to '■ 5 O " >»'S ^ CJ ^ .— — • p-c;^* . M = ^ — ;Z " '^ . O £ o ; is * « e fe ^.-i „ g x^ ..-s^i d fed d "S^^'^^'S c'rt s^ Is §^ M 2 S' aj tic'"' be ■ — tc - =S -i- -J - = ^1 bS^ bo - > o'Ch o c..' ^ -w • ca o a 2 5- :2 ? -i ^■►^ -< ? a a «D O »-» rl ft 1^ 1^ 1-4 i-< 1^ iH -« e^ N :$ 702 APPENDIX TO THE tf o CIS I o CO o o M CO o 1 - «» M $826,404 8 N 1-1 «o (^ o> OS o eooooor-ie) M . . . - O ' • • . g bridge stores..., Novembt 3 > 3 n a C u i i P< : a : 3 o •A c "« S .5 ^ if- cS "3 o 3 3 o o : a ? >> '^ ;^ o la (A a >% : J-" ^ o '1 ll^ s .11. a • o 3 i* o "^5 II 1 '*! O '73 £. - - a ■- S=^ ? o 3 c;" ?» 3 3 3 I.-- to C3 - o '^'S J t "3 B* ^ c s o >_i 2 5 - •^ S 3 & 3 ■^ D O a .«* ^ O 03 r ad Com and lo bridge ci c c Saltpetre A m to purch jr freight Committe 11 C 111 w a o « 1 o ° - Q o s '^ii'Hc a h o .2 o Officer, I keepei en dent ,n to hi fficei, f< Linboat o _ IZ — o :: 3 Military clerk of , uarding o ter Gener ate for Q train uckshoi C) "or construct South Carol , for purch lis a Railroad St. M.-^. I.Sfi r g 5 a H o o ^t « i. a &^ i il Dr repairii rd, for sal or sulphur e, expense salary as rds, for g 1, Paymas rd, on esti rd, for wa d, 143 lbs. (^ ^c = i = "-> -^ .C. o t— a • cj 0) o o t- »[ ^ :iS c5^ > S 5i^ Council Dr. AV. H. F Dr. AV. H. F AVm. Shephe 1^ * dJ. K. Sas Charlotte ; K. W. Gib South Car . O . . 1? . rK 1 J a 3 fc a -^ *^ o ,- U D . • AVm. GIaz Dr. AV. 11. AV. U. Ra J. R. Nier B. F. Artl George Et John Han 'S ■ < o H o >-i i-< so O CO e<5 O rH N -^ o - < M ■* to l>- t- OS CO o o ^ OI « M rH i-l 1-1 CS 1-^ ^ < rt ri r^ ^ r-l f-( M cc CO CO N so 00 >., , 1 .. . , >s, ^ ^ , N. V. - ^ ^-> 1^ i • FOURTH SESSION. 703 ^- e!> . >« * CO ■^ o oo CO o C3 e» «d' 00 o> • -: o o as o ^ 05 o C O -- O — O 00»ftCCO»00^^0 ■n O •rt ■o o o -f o o M o 00 O CO <=> C -O o o t- o ^ eo c o o '.-J cc •o ""• o = o o o 5D •— eo i-H lo CO (M OCT>-*(Meo«Doooo - CC t- -* t^ o = .^ • -* M O rt -ft o 1- Ci ^ c c c a c. -- ''J ^ 5-2 ir to 2 !^ 3|3 tw o — - -O o o ' cs d o ^ '9 ,c)S s s s H^'ja^css ca?=;xa^i=;p« p. . •^ s^ ^ a." ijS 704 APPENDIX TO THE O C 00 c o p; i-< " •o e<5 t— '^ «s «o t~ t- o) o> S S-. .<> 13 ■: a I u . = : cl, : "O ." : m a : :'3 =s : Ija » . : £.2 • • «S "S IS 3 : : p o : : o tf I :^a : • m O--^ :S^'S J r t~ ^ >, g o o be 13 .so 3 o ^ ^ Q c: _o o _o o o e-, Ph c TS •a o ^ a a o o 3 -*^ 1-5 s 1-5 <» ►-5 O O a : i'S : a s^ ! ■ u r B a O 1- fe^ t Oc ■5 ^ J 1 n .' <^'^ c ':3 c SgRi^ bc-r; a c 3 o F- c c >— ^ ■ > ^. c '^ » " 05 a . H . J3^- o ^ "■' w t- C m o o rWe '•« c .•-s .Bh, I-* =. W W W K • W p. K. P H 1-5 H J, 1^ * <> a o (□ .. r> a .o a 3 S 1,^ ^ = .2 g g 1-^ I— I rH C^ M 1— I ^ I « s „ Q> O t^ 05 CO CO CO : ^ '3 : ^ : : oi m . •o « : : ® ^ : : > bo : ; '^ □ : : 3 >> : : « c S- : • X :w • a " : "£ >> : ■ : . o a) r : • ^ fp „r ? • SI . a ?? : S c W S 3 ^ a S>^ ^ P=4 FOURTH SESSION. 705 • •• • • CO omO'MOoo'Oo o o o >o ..-J o O O' -r o CO o >n o o t^ o o C» O b- IM O :0 >o O -i O O .-3 31 to r- M -n 1^ C^ l-l OS 3» 05 O/ CO o 1 -* ..1 o • CO S 5 P — "^ *i o o £ = o .2 t* P O >. "^ ■e t3 in tu ■" w g c t — ill II 3 ? O " » s = e * >■ fc. - ^ P o "■ C u .-, p - 5? -:-° • f^ c:=~'W .r-^ - o rt o > *- ja ^ D vT t: j= " o o tc " O J i> o » o • ^ be 9 a S .2^ ■go "3 i-. M3 ^ -r ^ ::5 a _ ^ & t: a ' a m c ° o a t; ill' : >-J:< - « I P 2 = =■ «li '1^ 5 3 -£ > 2 '^ - '* IS '- ^ < sq S S ? a; 2i^ - s -• ^ 2 o ; — ^ Q = mP^Hj t-iO 1^ O - - - '^^ 3 '{•' &; 5 "C '*-• ^ ~ ^^ '• i 2 3 _5 O rH o ?/ 2 ^ • •- Pi £5i ~ s -? 3 c ii « d s : fc s- 1* 89 706 APPENDIX TO THE o» o o c o lO <0 lO lO >r5 -* >ri O O •rt o <= o o o ^_^ in «C 1>- c c c e «o "<• (M C'l -" «. t- 1- 3S o c o OS r-l T ■V C o o irs — »* o O t~ CO „ ^ ~ •* o m ^ lO «C T o t~ CO ^ 1^ o :i CC M C^ 1- 1*5 •^ M W) cs *— OS '• ^ t"* c< »-H f-H M Oi ^^ Cti ift • <. a, "^ o c -e 9 O'j;, ■ r3 — ■._?< • o u ^ c go " nil B--^-= S i^^-^ s " s •^ ~ r: ;• o !- ^ i* >j.^ « ^= ii "- c « 5^ ^ - cH •■5 3 s h.^ i: lt fe to'5 M^ r?« ^^^ -■^ ■-— = * s E « ^ tS ^ C Pi?- ;:, cc ^ tT c ►: Ji .~ 5 -■ fc • O >— 4) _n jjj 3 t. f- = -^ tj~ »^ '•*^ »- ' ^ -^ ^' a o (S c s 'X g - ^wtc = - - " 03 « > - - i ■ £? . t" a "S := -^ S oaci-ii---: t/j 2 t. 3 — «S OCC^g ^ ^- >0 If » 10 c^ 1 00 M C ^ «o M or I CO £«■ * n" <>^ c > CO C5 ^^ s w t~ 00 c « t- oo o ■* J> rH CI- ^ -^ •-« to c 50 tc o CO cc ec ec c- •^,0 01 — i« 1- '^ 05 «£ oa ■'I M 00 i-i «o e^ CO «» % ' "d i b b B 3 ffi w- <2 3 C 13 e 15 el 0) J o ion and id PoHg and A M H < k3 fc '.c H M Ph. -<3 the Militai Construct Justice an Executive s (4 c •«! * Ph c = £ § "n c c a coeq CJ *- rt E S E S "S ■^ s cs 5 5. cs C d ft.C.C-C pq PQ 11 i< 1) 0P90 .2 .£ I. h b h «££<££ 9, 00 « w' » ro c: cs c = c a a j « a s s a a « i 4 a es \ M U W k. . 3 3 s a "3 ^ JS^ hO J2 Qosa H i-< ef the General Assembly, adopt d at the Extra Session, held in November,! 1S61 $3 0.000 00 Interest on above Loan at lime of payment..! 2,803 09 ly amount of proceeds of .nales of stock, drawn] by the Governor and by the Exucutive; Council, as per statement of the Treasurer; of the Lower Division | 1,000,000 GO Balance, Cash in bauds of Treiis'r.. $254,706 98i Balance Stock unso d 285,2;i0 00 j Less advance of Banks 36,329,26.. .2-18,900 74' 503,667 72* $1,806,470 81 $1,800,000 00 6,470 81 $1,806,470 81 CoLUjiBiA, S. C, 31st July, 1S02. Abstract of Cash Account of Dcj^aftmcnt of Treasury and Finance, to 31s< July, 1862. Dr. Cr. To amount received from State Treasury from • |sales of Stock, made undcp Act of 186 1,| as per account of Treasurer of Lower! Division .' j $1,000,000 00 To amount received from other sources, as per! account current of this Department By disbursements for Department of tjjo !Mili- tary , ' $826,404 82 By disbursements for Department of Ccnstriic-| tion and Manufacture -89,684 67 By disbursements for Department of Justice] and Police..." , j 15,985 48 By disbursements for Executive and Adjutant, General's Departments | 6,160 70 Gross sum of disbursements $938,235 57 Balance cash in Bank of State $09,036 iSi Balance cash in Branch, Co!um4jia.. 24,196 37 9:j,832 50 $1,032,068 07 32,068 07 51,032,068 07 Coi-pMBiA, S. C, 3l8t July, 1862. FOURTH SESSIOJJ. 709 Statement of Balances from above accounts, sliowing Stock and Cash subject to draft of Executive Council. 1802. July 31.. " 31 By stock unsold tliis date, loss adv. of Bank $248,960 74 $2:)4,70ft 98 6y,63fi 12 21,lyG 37 " 31.. By Cash in Bank of State " 31.. 348,53!) 43 A"-gregato balance, 31st July, 1862 $597,500 22 • 710 APPENDIX TO THE EXHIBIT E. Resolutions of the Governor and Council in relation to the claims of this State against the Confederate States. 1. Resolved, That the Chief of the Treasury be directed to make out a full. statement of tlie accounts of South Carolina against the Con- federate Government, from the 20th of December, 1860, the day on which the State withdrew from the old Federal^Union, up to the present time. 2. Resolved, That said statement shall' show in t|je acf ount what expenses were incurred by South Carolina from the 21)th of December, 1860, up to the 8th of February, 1861, the latter «lay inclusiTC, in sustaining her independent position, and in defending, the harbor of Charleston. 3. Rewlved, That as Castle Pinckney, Fort Moultrie and Fort John- son, with all their heavy armaments, ordnance stores, ammunition, and so forth, were acquired by the authorities of South Carolina within that period, and were, upon the adoption of the Confederate Constitution, transferred by the State l!onvcntion to the Confederate Governmeqj;, therefore, all the expenses incurred by the State herself in thus. acquir- ing them, are just|y chargeable against the Confederate Government, . and that the Chief of* the Treasury be instructed to make out this account accordingly. • 4. Resolved, That the Chief of the Treasury do also make out a full statement of irll -expenses, from the 8th of February, 1861, up to the prank of the State by Colonel Duryea, Secretary of the Coast Police, 85,204 07, as balance cash, after deducting expenses fur sale of certain vessels, taken by orders ef the Governor before the 8th of February, 18G1, from the Government of the late United States. 9. Resolved, That the Chief of. the Treasury be instructed, as soon as an appropriate time may occur, to present the accounts against the Confederate Government in proper form^and urge them to a speedy settlement, and if it be preferred, he is hereby authorized to receive Confederate Bonds, in fulF settlement for the same, as cash. 10. Resolved, That the Ordnance Officer of the State be directed to furnish an authentic account of the arms and accoutrements that have been advanced to the troops of South Carolina (of all kinds), that have bpen mustered into Confederate service from the 8th of February, 1861, and an estimated value of the same, and • that, upon the reception of such account, with the official vouchers from the office of tho State Ordnance Officer, the Chief of the Treasury be directed to add the same to his account against the Confederate Government. 12 APPENDIX TO THE REPORT OF THE CflTEF OF TUE DEPARTMENT OF CONSTRUCTION AND MANUFACTURE. bEPARTMENT OF CONSTRUCTION AND MANUFACTURE, Columbia, S. C, August 29th, 1862. To HIS Excellency Gov. Pickens : In obedience to the call of your Excellency on this Department for a report of its condition, " under the fifth section of the Ordinance of the Convention orp:anizinp: the Executive Council," I respectfully report : That on the 24th ^larch last, the Governor and. Council created the Department of Construction and Manufacture, and appointed me Chief of that Department; and that I entered upon its duties a few days afterwards. The most iinportant duty devolving on me was the estab- lishment of a foundry and work shops for casting cannon, making gun carriages and the manufacture of small arms. The Council having decided to establish a foundry and armory on a small scale, authorized lue to search out a suitable location and procure a site. Before deter- mining upon a site, and with a view to get all the information neces- sary to secure a proper location, with reference t-o motive power, suitable iron, timber, and other things nccessa'"y to success in making ordnance and small arms, I sent a special ag'^nt to Richmond, and with the aj^sLstauce of tlio authorities procured the services of Mr. Ciunpbell, who was engaged- at the Tredegar Works, a man of intelligence, expe- rience, a*nd familiar with manufacturing amis and munitions of war. In company with him mid jMi*. D. Ivopez, the General Superintendent of the State Works, I visited the Nesbit and King's Mountain Iron Worlession of the town. This machinery was estimated to be worth, at the time we received, it, twenty-three thousand dollars ($23,000); at the present rate about fifty ^ler cent. more. The terms upon which we received the machinery were very favor;; li!e, saving the State of South Carolina from advancing money at a tiiiie when thefe were so many drains upon her resources. It was arranged with Gover- nor Harris that the State of South Carolina should take the machinery and give a receipt for it, subject to settlement at a fair price at the end of the war. Had he insisted on selling it to the State, nad required a cash payment at the time^ it would' have deprived the State of the use of money necessary for other purposes, and, what is worse, the market prfce now for such machinery is enormous. On my retirement from office as Governor, the State had on hand over one hundred pieces of ordnance and thirty-two thou.s:ind stand of small arms, including those in the United States Arsenal in Charleston, which we could have at any time commanded ; and exclusive of the public arms in the hands of the militia, many of which had been re- cently issued, and some of them of the most approved patterns; so that the State was at that time well supplied with arras. Since then, up to November, 1801, the State has sent to Virginia, in the hands of her troops and otherwise, eleven thoujsand two hundred and sixty stand of arms, besides a considerable number of swords and pistols. Seven thousand stand have also been sent to Florida, Pensacola and Memphis, making a total of eighteen thousand two hundred and sixty sent out of the State ; and the. Confederate Government, upon an applicatio'n of your Excellency, has refused to return those in their possession, leaving it to the State to make a charge for them, in her account with that Government. That the^State should always have a moderate supply of arms on hand, cannot admit of doubt. My opinions on that subject are better expressed than I can express them in the report made by Col. E. Mani- gault txj the Ordnance Board on the 21st of November, 1861. He says : *' If the State is sovereign, as we all hold she is, she is* sovereign as well in war as in peace, and for warlike as well as peaceful purposes. To claim sovereignty without the readiness, or even the disposition to defend that sovereignty by force of arms, is simply absur*!. It is the 71G APPENDIX TO TDE duty of the State, therefore, to retain (he means of defence, and not to give Bp'to aiiy other power whatever all her niilitjiry material, and in 60 doing, shift from her own shoulders the duty and labor of her de- fcDCO. It took thirty years for South Carolina to accumulate the ord- nance umti-ri.-il, siiKill though it was, which wa^ in her an-or.iil when tho troubles began. If she give up all her material, when will bhe bo ogain Hupplic^I ? One of the most [>owerful arguments used against the StatL-'s acting, either alone or in coiipcration, agaiuht the encroach- ments of the Federal Government, wj« that she liud not the material preparation which would enable her ti> i^upport that hostile attitude. As long as the political atuio>phcre appeared serene, it was iujpossiblo to induce the Legislature to make appropriations for procuring military material, and when the storm appeared there was no time for it, and the Stiitc wa9 warned hy those opposed to action, that she was totally unprepared for war. Against a recurrence of this difhcully I wouM endeavpr to guard; by recommending that the State should alwnjs hnvo on liand one hundred pieces of heavy artilhry, of the most approved pattern and manufacture, about eight full batteries of the bc.>-t field artillery, and ten thousand island of sniall arms for infantry, together with a proportionate number of carbines, jiistols and Kibres for the use of cavalry. Tho occurrences (»f this summer and autumn demonstrnto clearly tliiU tire State should not rely entirely upon the arms of tho Confederate Government for her protection against a foreign enemy." The whole amount put down in the books of the Chief of tho Treasury as chargeable to tliis Department up to the loth Au;:ust, (with the exception of 647<) (io, with which the Department hacj nothing to do, being money paid I). Lopes, Esq., directly by the Gov- ernor and Council before the Departracot of Construction add Manu- facture was established,) is ?'Jv),-12 02. This includes many item.s jiot properly belonging to this Department; us for instance, amount paid for cotton cards to be sold at cost to soldiers' fainilie.<, 83,780; cost of removing, bells I'mm the city of Charleston, when the city was in danger of capture, 81,704; cash paid for iron to make spikes for the Confed- erate gunboat j^^nd to be relunded the Slate, $UX2 ; cash paid for bacon not necessary to be used at the "works" and subject to the orders of the Chief of the Jlilitary, say, 8o,000; niaking an aggregate of 811,GGG. . In view of the prooability of the fall of Cl)attanooga, Tenn., we have accumulated a considerable quantity of coal, very little of which has been used up to this time. ^Ve have also on hand a considerable quan- FOURTH SESSION. 717 tity of steel, files, iron, copper, brass nnd other materials for the manu- facture of arms and luunitions of war; wliich will make the outlay fur the rest of the year much less than it has been in the time past<5 and we have already saved for the State in the repairs of arms, making pikes, caissons, battery wajjons, twenty-two thousand eight hundred and ninety-three -dollars (§22,893), nil of which will appear in P^xhibit B. The expense of carrying on the "State Works" has Dcen necessarily very considerable, owing to the high prices for skilled labor, material and provisions. Iron, steel and many other articles are sold at more than quadruple the prices formerly paid for them, and w« have been compelled to purchase files and other essential articles that run the blockade, at whatever prices were askrd for them. When it is recol- lected that rifles which sold for fifteen dollars before the blockade, have been lately sold for seventy dollars, and cannon powder which heretofore Bold for twenty or twenty-five cents a pound, has fccently sold for twq dollars and twenty-five cents, ^ome idea may be had of the cost of materials which have run the blockade or have been enhanced in value by it. By the first of October the "Works" will be in condition to cast shot and shtll, and soon after that time to cast cannon. No small arms will be made in less than six or seven months unless the exigencies of the service should require them ; in that event by multipl3ing 1; bor without regard to its profitable employment, the uianufacture of small arms can be commenced much sooner. It must be remembered that the same hands to a considerable extent necessary to carry on a foun- dry and work-shops, can at the same time make the machinery and tools necessary to manufacture small arms; and in that way the Vork can be done much cheaper than by employing Rands exclusively to mak.c ma- chinery aud fit up tonls fur small arms. It is not cootcmplated to establish a first class, armory like the one at Springfield or Hichmond, but upon a scalf commensurate with State means, and which may be increased if necessity should require it. If the war should continue for some time, aud more especially if tho blockade of Southern ports hhould become so efl"cctive as to prevent further importation of arms, it will be absolutely nece.ssary for everjr armory that can be put in operation to be engaged in the manutacture of small arms; and even if the war should end in a short time, we will to a considerable extent be corapellcd to keep up our military or- ganization and keep arms in the hands of our people to be at aU times prepared to repel the aggression of bad neighbors. 718 APPENDIX TO THE With an armory to keep the State at all times supplied with good arms, and with the materials for makintj gunpowder at our command, we may feel confidence in our means of defence. The saltpetre plan- tation near this city, established by the Governor and Council, and in charge of tlie Chief of the Military Department, promises to supply that indispensable article in quantities sufficient for our purpose, and can be increased at pleasure. Sulphur can be obtained ^'rom several places in the State at small' cost, and willow, the only other material necessary for' the manufacture of powder, carr be obtained all over the State. The manufacture of salt, though properly belonging to my Depart- ment, was put under the charge of the Chief of Justice and Pqlice, before my Department was established, and has never come under my supervision. We had under our control and in our possession a large quantity of lead received from various parts of the ^tate, some by gift and some by purchase, but the pressing wants of the Confederate Government have induced us to turn over to it a large portion of the lead. A great deal yet remains in several of the upper Districts in the shape of pipes, which the patriotic owners hold subject to the call of the State when- ever it is necessary to have it. It has not been removed, as it woul.d be very inconvenient for the parties to do without it, being used to conduct water to their dwellings, and it was, therefore, thought advisa- ble to let it remain until the emergency required its removal and use by the State. Upon the application of Capt. D. N. Ingraham, of the Confederate States Navy, I had made and Supplied him with spikes for the iron clad gunboat in his charge, an'd 1 have received, through the Superin- tendent, payment for them. The instructions qf the Governor and Council, directing me to* pur- chase a lot of cotton cards at a price not exceeding four dollars and fifty cents a pair, and sell them to the families of soldiers at cost, dis- tributingthem in the districts whera they were most needed, according to the ratio of the white population, has been attended to and partial returns of sales have been made to we. To cover the expense of freight and other charges, the price was fixed at four dollars and seventy-five cents a pair. Same of the cafds were slightly damaged in reaching their destination, and a few of the persons to whom they were- sent report each one pair missing, but as twenty-five cents is more than the actual cost of -freight per pair, and no charge has as yet been made for FOURTH SESSION. .719 selling, it is believed that the State will sustain no loss. The wisdom of the measure is fully justified by the call for more on all hands, and the assurances that what was disposed of has done much good, and by the fact that factory yarn has doubled in price in the last six months, and i^ almost beyond the reach of the poor to purchase. , For a more detailed account of the operations of this Department, I refer your Excellency to the Exhibits marked A. and B., and the Report of the General Superintendent accompanying this report. All of which is respectfully submitted, WM. n. GTPT, • Chief of Construction and Jlami/actuic. Note. — I have been Unable to obtain my report to the Governor and Council in relation to the establishment of the State Works at Green- ville. It was ordered to be filed, but the then Secretary, Col. F. J. Moses, cannot find it. WM. H. GIST. 720 APPENDIX TO THE EXHIBIT A. . W. II. Gi'sf in account loilh Trenmn/ IJepartmeut for Cash received on account «>/ Department of ( onstruction anif Manufacture, and other purposes, to Ibth of August, 186^. ,* To cash to date as fw^' accpunrH^* vi '.± ". $95,208 02 By amount reccive'dr and aatgpuMt^, for 'by General Superintendent of the State .* ♦ • Works in his account rcndorcd and . ; 'shown in paper No. 3, attached to \\\% -'^ report..., /88^,539 92 ]'aid Freight on Machinery and Stock "1,241 31 " for Steel (593 01 *' S. Bobo for Iron 982 50 " one double barrelled gun 30^00 " for Coal .' 3,184 88 " for Pike Staves 854 5') 889,526 12 Disbursement for Sundries not connected icilh Department of Construction and Manufac- ture. For Cotton Cards $3,786 65 " taking down and removing^ Church Bells from Charleston • to Columbia 1,704 75 *' Desk for Office '18 00 " Lead 172.50— S5,G81 90 895,208 02 FOURTH. SESSION. • 721 EXHIBIT B. Statement qf, value of Work done and comprised in Paper Ko. 1 of the Report of General Superintendent of State Word's. Altering to percussion, repairing and cleaning 1,620 muskets, at S8 per musket $12,960 Ilepairing and cleaning 239 rifles, carbines and double-barrel puns, and 874 bayonets .' 817 Building six caissons and limbers complete 3,600 l^uilding one battery wagon 750 1,000 pikes .'....! 3,000 Spikes for gunboat, for Capt. Ingrabam 1,766 §22,893 &1 722 * APPENDIX TO THE REPORT OF THE GENERAL SUPERINTENDENT OF THE STATE WORKS. Office General Superintendent State Works, Greenville, August 15, 1862. Hoji.'W. H. Gist, Chief of Construction and Manufacture : Sir : In accordance with your directions, I h>3rewith beg leave to report that under instructions from Col. J. Chesnut, Jr., Chief of the Department of the Military, received February 25th, 1862, 1 purchased all the machinery and stock which was available and suitable for the purposes indicated in said instructions. At that time, the impression prevailing that Charleston would be immediately attacked, it was deemed advisable to place it all beyond danger, so as to secure to the State the ability to manufacture such articles as might be essential to her defence, should what was in Charles- ton be destroyed or abandoned. With that view, it was immediately removed to Columbia, there to await the decision of the Governor and Council as to a suitable location. After some delay in discussions and examinations, I was directed to locate the works on a tract of land donated to the State by Vardry McRee, Esq., adjoining Greenville, and directly on the line of the Greenville and Columbia Railroad. I commenced to clear the Uxnd on the 20th day of March, and erect buildings to accommodate the laborers. Prior to that period, by your direction, I established in Columbia, in the workshops connected with the " New State House," a temporary shop for repairs and "alteration of small arms belonging to the State. This work was immediately commenced, and from that time has been -in successful operation, repairing, altering and cleaning arms, manufacturing pikes, caissons and battery wagons, statement of which is embodied in paper No. 1 accompanying this report. At the same time, the machinists and blacksmiths were employed, until their removal here, in doing such work as was necessary to the construction of workshops in progress at this place. 'I'he unusual wet season, added to the scarcity of labor in the country, very much retarded the progress of building for want of materials, but now that the crops are laid by, atyl the labor of the country seeking empluymeut, I am receiving such FOURTH SESSION". ' 723 as are necessary to their completion, and hope soon to have thera all finished, and give my undivided attention to manufactures. .When Nashville, Tennessee, was evacuated by the Confederate authorities in April last, a part of the machinery and stock was saved from the armory, which thaK State had commenced to establish, and carried to Atlanta, Georgia. I opened a correspondence with Governor Harris, and found that the State of Tennessee would place at the dis- posal of this State all the machinery and stock saved. By direction of the Governor and Council, I proceeded to Atlanta and succeeded in obtaining it all. Governor Harris directed his agents to turn it all over to the State of South Carolina, subject -to future settlement. As agent of the State I received it, arrd secured the services of such work- men as had been engaged in the Nashville armory and workshops, removed the machinery and stock to this place, the workmen to the shops in Columbia to be employed in altering and repairing small arms, while, at the same time, I commenced erecting a shop at these works to receive and put in- operation the machinery. Paper No. 2 is an inventory of all articles received from the State of Tennessee, and I refer you to my report under date of May 1st, 1862, for the full par- ticulars relating to that subject. The workshop for this department is completed, the machinery set up and in operation ; much of it was injured and sovae parts lost, in its removal from Nashville, and some had never been completed, which have been repaired, replaced and completed, and I am now makinc and obtaining what new mfachines are necessary to commence manu- facturing arms. Desirous of putting to immediate use the skilled labor brought from Atlanta with the machinery, I have necessarily been retarded in com- pleting those shops which were necessary in carrying out the original intention of these works; that being now accomplished, it is not in- tended to permit the small arm factory to do so in the future, but to make that branch as far as practicable separate and distinct, the inten- tion being to put it upon such a basis as will enable the State to manufacture arms to a limited extent at first, but so arranged that the facilities can be increased at any future time. I have of the land donated to the State enclosed a space of six hun- dred by seven hundred feet, and have now erected a Tjarpenters' shop one hundred feet bji' forty feet, with suitable machinery for constructiri" field and siege gun carriages, caissons, battery wagons, forges, sabots, 724 APPENDIX TO THE tents, and all other articles necessary for field uses. It is driven by a twenty-five horse power engine, and is in operation at present in pushing to completion our works, and will soon be used in manufacturing the articles relerred to. I have orooted, as before stated, a shop for the small arm machinery, one hundred by firf"ty feet, and have that in operation, driven by an engi-ne of fifteen to twenty horse power. Another machine shop is completed, cfrie hundred by fifty feet, and the machinery for the heavy work is pow being placed in it, to be driven by an engine of thirty hor.«e power now to place. I expect to havo this shop in full operation in three or four weeks. The blacksmith shop, one hundred feet by fifty feet, is up and occupied, it contains eighteen forges, with space for twenty more; it is supplied with three trip hammers, nearly completed, two for welding gun barrels, and one larse one for heavy smithwork generally. This slwp adjoins the foundry, which is of brick, one hundred and fifteen by fifty-five feet, twenty-eight feet high ; this building is all completed, but the roof has been delayed for lumber, which I am now receinng. On the premises are also erected an ofl&ce forty by twenty feet, a store house sixty by twenty-five feet, a smoke house, forty by eighteen feet, an iron receiving and store house, thirty-five by' sixteen feet, a living house for negroes, sixty by sixteen feet, a hospital, three kitchens, and stables, tool house, &c. The water arrangements, which are near completion, consist of an ample well, yielding a full supply, the water from which is forced throuirh wooden -pipes, six hundred feet in length, to the highest .point of the lot, obtaining a head of forty feet; it is, received in a brick reservoir containing three thousand five hundred gallons, built under- "round, and from thence conveyed to the various workshops. On the premises, at various points, hydrants are jilaced to deliver water for Cicneral purposes, but more especially for .suppressing fires, which, with the aid of an excellent fire engine borrowed from, the Vigilant Fire Enthc contracting parties, she should not prevent or interrupt the performance of the ponding contracts for carrying and delivery of the Mails made by the United States while South Carolina was one of said States : Be it ordain' (1 by^ the People of ISouth Carolina, in Convention as- sembled, That the existing postal contr^icts and arrangements shall be continued, and the persons charged with the duties thereof shall con- tinue to discharge said duties until a Postal Treaty or Treaties shall be concluded, or until otherwise ordered by this Conventioo. Done at Charleston, the twenty second day of December, in the year of our Lord one thousand eight hundred and sixty. D. F. JAMISON, President. Attest: B. F. Arthur, Clerk. 756 ORDINANCES OF THE The State of Schjth Carolina. At a Convention of the People of the State of South Carolina, begun and holden at Columbia, on the seventeenth day of December, in the year of t)ur Lord one thousand eight hundred and sixty, and thence continued by adjournment to Charleston, and there by divers adjournments, to the twenty-sixth day of December, in the same year. AN ORDINANCE To make Provisional Arrangements for the Continuance of Commercial Facilities in South Carolina. Whereas, It is due to our late confederates in the political Union, known as the United S^tes of America, as also to the citizens bf South Carolina encaged in commerce, that no abrupt or sudden change bo made in the rate of duties upon imports into this State; and, whereas, it is not desired by this State to secure. any advantage in trade to her own ports above those of any of the slaveholdiug States, her late eon- federates in the said Union )»and, whereas, this Ordinauce, for the considerations indicated, is designed to be provisiqji;il merely ; there- fore. We, (he People of Soii/h Carolina, in Convention assembled, do de- clare and ordiiin, and it is herehi; declared and ordained', First: That all citizens of this State, who, at the date o^ the Ordi- nance of Secession, wore holding office connected with the Customs, under the Covernment of the United States, within the limits of South Carolina, be, and they are hereby, appointed to hold, under the Govern- ment of this State, exclusive of any further connection whatever with the Federal Government of the United States, the same offices they now fill, until otherwise directed, and to receive the same pay and emoluments for their services. Second: That until this Convention, or the General Assembly, shall otherwise provide, the Governor shall appoint to all vacancies which may occur in such offices. Third : That until otherwise provided by this Convention, or the General Assembly, the revenue, collection and navigation laws of the United States, so far as they may be applicable, be, and they are hereby, adopted, and made the laws of this State, saving that no duties shall be collected upon imports from the States forming the late Federal Union, known as the United States of America, nor upon the FIRST SESSION. 757 tonnage of vessels owned in whole or in part by citizens of the sai d States, and saving and. excepting the Act of Congress, adopted the 8d day of March, 1817, entitled "An Act authorizing the deposit of papers of foreign vessels with the Consuls of their respective nations," which said Act is hereby declared to be of no force within the limits of this State. Fourth : That all vessels built in South Carolina, or elsewhere, and owned to the amount of one-third by a citizen or citizens of South Caro- lina, or any of the slaveholding comraouwealths of North America, and commanded by a citizen thereof, and no other, shall bo registered as vessels of South Carolina, under the authority of the Collector and Naval Officer. * Fifth : That all the official acts of the officers aforesaid, in which it is usual and proper to set forth the authority under which they act, or the style of documents issued by them, or any of them, shall be in the name of the State of South Carolina, Sixth : That all moneys hereafter collected by any of the officers aforesaid shall, after deducting the sums necessary for the compensa- tion of officers and other expenses, bo paid into the Treasury of the State of South Carolina, for the use of the said State, subject to, the order of this Convention, or the General Assembly. Seventh : That the officers aforesaid shall retain in their hands all property of the United States in thcif pos.session, custody, or control, subject to the disposal of this State, who will account for the same upon a final settlement with the Government of the United States. Done at Charleston, the twenty-sixth day of December, in the year of our Lord one thousajid eight hundred and sixty. D. F. JAMISON, FreUdcnt. .' Attest : 11. F.' Arthur, Clerk. 758 ORDINANCES OF THE The State of South Carolina. At a Convention of the People of tlie State of South Carolina, be- gun and holdon at Columbia, on the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty, and thence continuei^ by adjournment to Charleston, and there, by divers adjournments, to the twenty-seventh day of December, in the same year. AN ORDINANCE To amend the Constitution of the State of South Carolina in respect to the Executive Department. We, (he People of (he Sfaie of So^Uh Caroh'na, in Convention as- semh/af, do declare and ordain, and it is hereby declared and ordained, That the Governor shall have power to receive ambassadors, minis- ters, consuls, and agents from foreign *powers ; to appoint such agents, to be paid out of the contingept fund, as in his discretion he may choose to employ; to conduct negotiations with foreign powers; to inalce treaties, by and with the advice and consent of the Senate, pro- vided two-thirds of the Senators present agree; -to nominate, and by and with the advice and consent of the Senate, to appoint, such am- bassadors, other pujjlic ministers and consuls, as the General Assembly shall have previously directed to be appointed, and also all other offi- cers, whose appointnicnt otherwise shall not have been provided for by law; to fill all vacancies that may happen during the recess of the Senate, in the offices to which he has the power to nominate as above njcntioned, by granting commissions which shall expire at the end of the next session of the Senate, and to convene the Senate whenever, in his opinion, it may be necessary : Provided, nevertheless, That, during the existence of a Convention, all treaties and directions for ap- pointment of ambassadors, ministers, or consuls, shall be subject to the advioe and consent of the Convention, or to its separate action. And it is further ordained, That the Governor shall immediately ap- point four persons, with the advice and consent of this Convention, who, together with the Lieutenant Governor, shall form a Council, to be called the Executive Council, whose duty it shall be, when required by the Governor, to advise with him upon all matters which may be sub- mitted to their consideration ; and that a record of such consultations FIRST SESSION. ^. 759 shall be kept : Provided, nevertheless, That the Governor shall, in all cases, decide upon his own action. Done at Charleston, the twenty-seventh day of December, in the year of our Lord one thousand eight hundred and sixty. D. F. JAMISON, President. Attest: B. F. Arthur, Cleric. 760 ORDINANCES OF THE The State of South Carolina. At a Convention of the People of the State of South Carolina, be- gun and holden at Columbia, on the seventeenth day of De- cember, in the year of our Lord one thousand eight hundred and sixty, and thence continued by adjournmect to Charleston, and there, by divers adjournments, to the twenty-seventh day of De- cember in the same year. AN ORDINANCE To alter the Constitution of the State of South Carolina, by striking out certain words in sundry places. We, llie People of the State of South Carolina, in Convention as- sembled, do declare and ordain, and it is herrhij declared- and ordained, That the Constitution of the State of South Carolina be altered by Ptriking therefrom certain words in sundry places, as follows, to wit : In the Twenty-first Section of the First Article, strike out in two places where they occur in this Section, thc'following words — '/ the United States or either of them." In the Third Clause of the Second Section of the Second Article, strike out the following words — " or under dny State or the United States." In the Sixth Section of the Second Article, strike out the following words — " except when they shall be called into the actual service of the United States." In the Second Clause of the First Section of the Third Article, strike out the following words — " the United States." In the amend- ment of the amendment of the Fourth Section of the First Article, (which amendment of the amendment was ratified December twen- tieth, one thousand eight hundred and Oty-six), strike out the follow- ino- words — " and non-commissioned officers and private soldiers of the Army of Ihe United States." In the Fifth Scctidn of the Second Arti- cle, strike out, in the places where they occur in this Section, the word *' absence," and in lieu thereof, insert " removal ;" also strike out " be- ing absent," and insert in lieu thereof, " removal from the State." Done at Charleston, the twenty-seventh day of December, in the year of our Lord one thousand eight hundred and sixty. i). F: JAMISON, President. Attes*t: B. F. Arthur, Cleric. FIRST SESSION. 7G1 The State of South Carolina. At a Convention of the People of the State of South Carolina, be- gun and holden at Columbia, on the seventeenth day of Decem- ber, in the year of our Lord one thousand eight hundred and sixty, and thence continued by adjournment to Charleston, and there, by divers adjournments, to the thirty-first day of Decem- ber, in the same year. AN ORDINANCE To Define and Punish Treason. We, (he People of the State of South Carolina, in Convention as- sembled, do declare and ordain, and it is hereby declared and or- dained, » That in addition to what has been already declared to be treason by the General Assembly, treason against this State shall consist only in levying war against the State, or adhering to its enemies, giving them aid and comfort ; and tha't treason shall be punished by death, without benefit of Clergy. Done at Charleston, the thirty-first day of December, in the year of our Lord one thousand eight hundred and sixty. • D. F. JAMISON, President. Attest : B. F. Arthur, Clerk. U6 762 ORDINANCES OF THE The State of South Carolina. ' At a Convention of the People of the State of South Carolina, be- gun and holden at Columbia, on the seventeenth day of Decem- ber, in the year of our Lord one thousand eight hundred and sixty, and thence continued by adjournment to Charleston, and there, by divers adjournments, to the thirty-first day of Decem- ber, in the same year. AN ORDINANCE Concerning Judicial Powers. We, the People of the State of South Carolina, in Convention as- sembled, do declare *anc? ordain, and it is hereby declared and or- dained, ' That the judicial power heretofore delegated by this State, so as to form a part of the .judicial power of the United States, having reverted to this State, shall be exercised by such Courts as the General As- sembly shall direct. Done at Charleston, the thirty-first day of December, in the year of our Lord one thousand eight hundred "and sixty. •* D. F. JAMISON, President. Attest: E. F. Arthur'' C?er^. * FIRST SESSION". 763 The State of South Carolina. At a Convention of the People of the State of Soutli Carolina, be- p;un and liolden at Coluqibia, on the seventeenth day of Decem- ber, in the year of our liot'd one thousand ciglit hundred and sixty, and* thence continued by' adjournment to Charleston, and there, by divers adjournments/' to the thirty-first day of Deceipber, in the same year. AN ORDINANCE Concerning Powers lately vested in the Congress of the United States. We, the People of the JStatd of Soufh Carolina, in Convention as- sembled, do dec/are and ordain, and it is herebi/ declared and or- daintd, That all powers which, by this State, were .heretofore dtlegated to the Consrress of the United States, shall be vestdTl in the General As- sembly, except that during the existence of this Convention, the pow- ers of the General Assembly shall not extend, without the direction of this Convention, to anyone of these subjects, to wit : Duties and Im- posts, the Post Office, the Declaration of War, Treaties, Confederacy with othfer States, Citizenship and Treason. Done at Charleston, the thirty4irst day of December, in the year of our Lord one thousand eight hundred'aqd sixty. D. F. JAMISON, President. Attest : B. F. Arthur, Clerk. 764 ORDINANCES OF THE^ The State of South Carolina. At a Convention of the People .of the State of South Carolina, begun and hoKlen at Columbia, ou the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty, and thence continued by adjournment to Columbia, and there, by divers adjournments, to the first day of January, in the year of our Lord one thousand eight hundred and sixty-one. AN ORDINANCE Concerning Citizenship. We, the People of the State of South Carolina, in Convention assem^ hied, do declare and ordain, and it is herehy declared and ordained, 1. Every person who, at the date of the Ordinance of Secession, was residing in 'this State, and was then by birth, residence, or naturaliza- tion a citizen of this State, shall continue a citizen of this State, unless a foreign residence shall be established by such person with the inten- tion of expatriation. 2. So, also, shall continue every free white person who, after the date aforesaid, may be born within the territory of this State, or may be born outside of that territory, of a father who then was a citizen of this State. 3. ^0, also, every person, a citizen of any one of the States now con- federated Tander the nameof the United States of America, who, within twelve moflths after the date of the Ordinance of Secession, shall come to reside in this State, with the intention of remaining, upon such person's taking the oath of allegiance to this State, below provided. 4. So, also, every free white person who shall be engaged in the actual service, military or naval, of the State, and shall take an oath of his intention to continue in such service for at least three months, unless sooner discharged honorably, and also the oath of allegiance be- low prescribed. In this case, the oaths shall be administered by some con)missioued officer of the service, in which the applicant for citi^n- ship may be engaged, superior in rank to the applicant, and thereupon certificate of the citizenship of the applicant shall be signed by the officer, and delivered to the applicant. 5. So, also, every free white person, not a citizen of any of the States above mentioned, who, at the date of the Ordinance of Seces- sion, was residing in this State, or who, within one year from' that date, FIRST SESSION. ' 765 « shall come to reside in this State, -with the intention of remaining, upon such person's appearing before the Court of Comnion Pleas for any. of the Districts of this State, establishing, by his or her own oath, the residence and intention here required, and taking the oaths of allegiance and abjuration below prescribed. 6. So, also, ev.ery person, not a citizen of any of the States above mentioned, at the date aforesaid, who may come to reside in this State, with the intention of remaining, and may be naturalized according to the naturalization laws of this State. Until they may be altered or re- pealed, the naturalization laws of the United States, accommodated to the special condition of the State, are hereby made the laws of this State, except that instead of the oaths required by those laws in the final Act, the oath of allegiance to this State, and of abjuration below provided, shall be taken. 7. In all cases, the citizenship of a man shall extend to his wife, present or future, whenever she shall have a residence in the State, and shall extend also to each of his children that, under the age of eighteen years, may have a residence in the State. In like manner, the citizenship of a woman shall cxtecd to each of her children, that, under the age of eighteen years, may have a residence in the State : Provided, That in no case shall citizenship extend to any person who is not a free white person. 8. The oath of allegiance to this State shall be in the following form, to wit: "I do swear (or affirm) that I will be faithful, and true allegiance bear, to the State of South Carolina, so long as I may con- tinue a citizen thereof." The oath of abjuration shall be in the fol- lowing form, to wit : "I do swear (or affirm) that 1 do renounce, and forever abjure, all allegiance and fidelity to every prince, potentate, state or sovereignty whatsoever, except tlie State of South Carolina." Done at Charleston, the "first day of January, in the year of our Jjord one thousand eight hundred and sixty-one. D. F. JAMISON, President. Attest: B. F. Arthur, ClcrJc. 766 ORDINANCES OF THE » The State op South Carolina. At a Coovention of the People of the State of Soutt Carolina, began • and bolden at Columbia, on the seventeenth day of December, in the year of our Lord one thousand eight hundred and sixty, and thence continued by adjournment to Charleston, and there, by divers adjournments, to the fifth day of January, in the year of our Lord one thousand eight hundred and sixty-one. AN ORDINANCP] To vest in the General Assembly the power to establish Postal Arrangements. We, the People of the State of South Carolina, in Convention assem- hled, do declare and ordain, and it is hereby declared and ordained, That all power necessary to make Postal Arrangements, and epact« Postal laws, is hereby vested in the General Assembly. » Done at Charleston, the fifth day of January, in -the year of our Lord one thousand eight hundred and sixty-one. D. F. JAMISON, President. Attest : B. F. Arthur, Clerk. SECOND SESSION. 767 Tub State op South Carolina. • ' At a Convention of the People of the State of South Carolina, re- assembled by appointment of the President thereof, at Charleston, oQ the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued, by divers adjournments, to the third day of April, in the same year. AN ORDINANCE To Ratify the Conatitution of the Confederate States of Araerica We, the People of South Carolina, in Convention assembled, do declare and ordain, and it is hereby declared and ordained. That the State of South Carolina- does hereby assent to and ratify the articles of compact, called the "Constitution of the Confederate States of America," adopted at Montgomery, in the State of Alabama, on the eleventh day of March, in the present year (one thousand eight hundred and sixty-one), by the convention of Delegates from the States of Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Texas, an3 does hereby agree with such other of the said States as shall ratify the same, to enter with them into a Federal Association of States upon the terms therein proposed. Done at Charleston, the third day of April, in the year of our Lord one thousand eight, hundred and sixty-one. D. F. JAMISON, President. Attest: B. F. Arthur, Clerk. 768 ORDINANCES OF THE The State of South Carolina. - , At a Conveotion of the People of the State of South Carolina, re- assembled by appointment of the President thereof, at Charleston, on the twenty-sixth day of March, in tlie year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments, to the fourth day of April, in the same year. AN ORDINANCE To alter the tenth Section of the first Article of the Constitution of the State of South Carolina, and the amendni(*ut thereof, ratified the twenty-eighth day of January, "one thousand eight hundred and sixty- one ; also, to alter the tenth Section of the Amendments, ratified on the seventeenth da/ of December, eighteen hundred and eight j and likewise, the second Clause of the eleventh Article of the Constitu- tion aforesaid. We, the People of the State of South Carolina, in Convention assem- bled, do declare and ordain, and it is herehi/ declared and ordained, The tenth section of the first Article "of the Constitution of the State of South Carolina, and the amendment thereof, ratified in the Senate house, on the twenty-eighth day of January, in the year of our Lord one thousand eight hundred and sixty-one, shall be altered to read as follows: '.'Senators and Members of the House of Representatives shall be chosen at a General Election, on the Tuesday after the second Monday in October, in the year of our Lord one thousand eight hun- dred and sixty-two; and on the s*me day in every second year, there- after, in such manner and for such terms of office as are herein directed. They shall meet on the fourth Monday in November, annually, at Columbia (which shall'remain the seat of Government, until otherwise determined by the concurrence of two-thirds of both branches of the whole Representation), unless the casualties of war, or contagious disorders, should render it unsafe to meet there ; in either of which cases, the Governor or Commander-in-Chief, for the time being, may, by procla- mation, appoint a more secure and convenient place of meeting. From the next General Election shall, however, be excepted those Senators, whose term of office will not expire in the year one thousand eight hutidred and sixty-two. The terilis of office of the Senators and Mem- bers, of the House of Ptepresentatives, shall begin on the Monday fol- lowing' a General Election." The tontTi section of the Ameudmeuts to SECOND SESSION. 7G9 tlie Constitution aforesaid, ratified December seventeentlf, one thousand eight hundred and eight, shall be altered to read as follows '. " The Senators having heretofore been divided by lot into two classes, the seats of the Senators of the first class shall be vacated at the expiration of the second year after the Monday Tollowing a General Election ; and of the second class, at the expiration of the fourth year; and the num- ber of these classes shall be so proportioned, that one-half of the whole number of Scnatoi''.s'^may, as nearly as possible, continue to bo chosen thereafter every second yeaf." The second Clause of the eleventh Article of the Constitution aforesaid, shall be altered to read as follows : ** No part of this Constitution shall be aUcred unless a bill to alter the same shall have been read on three several days in the House of Representatives, and on three several days in tlie Senate, and agreed to at the second and third readings by two-thirds of the whole representation in each branch of the Legislature. Neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for Members of the House of Kepresentatives; and if the alteration proposed by the Legislature shall be agreed to in their first session by two-thirds of the whole Representation in each branch of the Legislature, after the same shall have been read on three several days, in each House, then, and not otherwise, the same shall become a part of the Constitution.'* Done at Charleston, the fourth day of April, in the year of our Lord one thousand eight hundred and sixty-one. D..F. JAMISON, President. • Attest : B. F. Arthur, Clerk. 97 770 ORDINANCES OF THE The State of South Carolina. At a Convention of the People of the State of South Carolina, reas- sembled by appointment of the President thereof, at Cha^le^'ton, on the twenty-sixth day of j\Jarch, in the year of our Lord one thousand eiglit hundred and sixty-one, and tl^ence continued by divers adjournments to the fourth day of ApriJ, in the same year. .AN ORDINANCE To amend an Ordinance concerning Citizenship. We, the People of the Slate of South Carolina, in Convention as- semhlcd, do declare and ordain, and it is hereby declared and or- dained : That the first Section of an Ordinance, entitled, "An Ordinance concerning Citizenship," ratified the fir§t day of January, in the year of our Lord one thousand eic;ht liundred and sixty-one, be, and the same is hereby, altered and amended, so as to read as follows : " Every person who, at the date of the Ordinance of Secession, was by birth, residence, or naturalization, a citizen of this State, shall continue a 6itizen thereof, unless a foreign residence shall be established by such person, with the intention of expatriation." Done at Charleston, the fourth day of April, in the year of our Lord one thousand eight hundred and sixty-one. D. F. JAMISON, President. Attest: B. F. Arthur, Clerk. SECOND SESSION. 771 The State op South Carolina. At a Convention of the People of the State of South Carolina, re- assembled by appointment of the President thereof, at Charleston, "on the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments to the fourth day of April in the same year. AN. OUDINANCE To repeal sundry Ordinances, and to alter the fourth Article and sundry Sections of the Constitution. We, tJie Peojile o/tRe State of South Carolina^ in Convention assem- bled, do dbclare and ordain, and it is herthi/ declared and ordained, as follows : The Ordinance ratiBed by us in Convention, on the twenty-second day of December, one thousand eight hundred and sixty, entitled "An Ordinance to make provisional Pi)st;d Arrangements in South Carolina;" also, the Ordinance ratified on the twenty-sixth day of December, one thousand eight hundred and sixty, entitled " An Ordinatiee to make provisional arrangements for the continuance of Commercial Facilities in South Carolina; " also, the Ordinance ratified on the twenty-seventh day of December, one thousand eight hundred and sixty, entitled " Au Ordinance to alter the Constitution of the State of South Carolina, by striking out certain words in sundry places;" also, the Ordinance ratified on the fifth day of January, one thbusand eight hundred and sixty-one, entitled ** An Ordinance to vest in the General Assembly the power of establishing Postiil Arrangements," shall be, and the same are hereby, repealed. The Ordinance, ratifiod on the thirty-first day of December, one thousand eiglit huudreil and sixty, entitled "An Ordi- nance concerning powers lately vested in the (Congress of the United States;" also, the Ordinance, ratified on the thirty-first day of Decem- ber, one thousand eight hundred and sixty, entitled "An Ordinance concerning Judicial Powers," shall be, and the same are hereby, re- pealed, so far as they are inconsistent with the Constitution of the Con- federate States of America. The various amendments heretofore made to the fourth Article of the Constitution of the State of South Carolina, shall be, and the same are hereby, repealed. And the fourth Article, and sundry Sections of the Constitution of the State of South Carolina, be altered and amended, so as to read as fullowa, to wit: 772 ORDINANCES OF THE .Article I., Section 4. Every free white man of the age of twenty- one years, paupers, and con-comniissioncd oflBcers and private soldiers of the army of the Confederate States of America excepted, who hath been a citizen and resident in this State two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot, of which he hath been-legally seized and possessed, at least six months before such election, or not having such freehold, or town lot, hath b6en a resident in the election district iu which he offers to give his vote, six months before the said election, shall have a right to vote for a member or members, to serve in either branch of the Legislature, for the election district, in which he holds such property,' or is so resident. Section 21. No person shall be eligible to a seat in the Legislature, whilst he holds any office of profit or trust under this State, the Con- federate States of America, or either of them, or under any other power, except officers in the militia, army or navy of this State, Justices of the Peace, or Justices of the County Courts, while they receive no salaries ; nor shall any contractor of the army or navy of this State, the Confederate States of America, or either of them, or the agents of 'i?uch contractor, be eligible to a seat in either House. And if any member shall accept or exercise any of the said disqualifying offices, he shall vacate his seat. Article IL, Section 2, Clause 3. No person shall hold the office of Governor, and any other office or commission, civil or military (ex- cept in the militia), either in this State, or under the Confederate States of America, or either of tbem, or under any other power at one and the same time. Section 5, In case of the impeachment of the Governor, or his removal from office, death, resignation, or removal from the State, the Lieutenant Governor shall succeed to his office. And in case of the impeachment of the Licntcnant Governor, or his removal from office, death, resignation, or removal from the State, the President of the Senate shall succeed to his office, till a nomination to those offices, respectively, shall be made by the Senate and House of Representatives, for the remainder of the time for which the officer so impeached, removed from office, dying, resigning, or removed from the State, was elected. Section (3. The Governor shall be Commander-in- Chief of the army and navy of this State, and of the militia, except when they shall be called into the actual service of the Confederate States of America. Article III., Section 1. The judicial power shall be vested in such Superior and Inferior Courts of Law and Equity as the Legislature shall SECOND SESSION. *• 773 from time to time direct and establish. The Judges of each shall hold their commissions during good behavior;" and Judges of the Superior Courts shall, at stated times, receive a compensation for their services, whic\i shall neither be increased nor diminished during their continuance in office ; but they shall receive no fees or perquisites of office, nor hold any other office of profit or trust under this State, the Confederate States of America, vr any other power. Article IV. All persons who shall be elected, or appointed to any office of profit or trust, before entering on the execution thereof, shall take (besides special oaths not repugnant to this Constitution, pre- scribed by the General Assembly) the following oath : " I do solemnly swear (or affirm) that I will be faithful, and true allegiance bear to the State of South Carolina, so long as I may continue a citizen thereof, and that I am duly qualified, according to the Constitution of this State, to exercise the office to which I have been appointed ; and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State, and that of the Con- federate States of America. So -help me God." Done at Charleston, the fourth day of April, in the year of our Lord one thousand eight hundred and sixty-one. D. F. JAMISON, President. Attest: B. F. Arthur, CJerk. 774 • ORDINANCES OF THE The State of South Carolina. At a Convention of the People of the State of South Carolina, re- nasembled by appointment of the President thereof, at Charles- ton, on the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments to the eighth day of April, in the same year. AN ORDINANCE To Ratify the Provisional Constitution and Government of the Con- federate ^ tates of America. We, the People of South Carolina, now met and sittinj in Cunvcn- tion, do hereby ordain : That the Provisional Constitution for tlie Confederate States of America, framed and agreed to by our deputies, at the City of Mont- gomery, in. the State of Alabama, on the day of February last, be, and it is hereby, accepted' and ratihed ; and that the Government organised in pursuance thereof is hereby approved and made valid, according to tlie terms of limilation expressed in said Constitution. Done at Charleston, the eighth day of April, in the year of our Lord one thousand eight hundred and sixty-one. D. F. JAMISON, Premlnd. Attest.: -Bt F. Artuur, Clerk. SECOND SESSION. 775 The State op South Carolina. At a Convention of the People of the State of South Carolina^ reas- sembled by appointn-ent of the President thereof, at Charleston, on the twenty-sixth day of March, in the year of our Lord one thousand eight hundred and sixty-one, aftd thence continued by divers adjourniuents, to the eighth day of April, in the same year. AN ORDINANCE To repeal in parf, and alter in part, the Ordinance entitled, "An Ordi- nance to amend the Constitution of the State of South Carolina in respect to the Executive Department." We, the People of the State of South Carolina, in Convention o.s- semhled, do declare and ordain, and it is her eh 1/ declared and ordained : The first Section of the Ordinance, ratified on the twenty-seventh day of December, one thousand eight hundred and sixty, entitled "An Ordinance to amend the Constitution of the State of South Carolina ' in respect to the Executive Department," is hereby repealed. The second Section of the said Ordinance is hereby altered, so that the faithful servants of the State, who have heretofore constituted the Ex- ecutive Council, shall be relieved from the duties which have been as- signcd^o them under that section, so soon -as,. in the opinion of the GoveML the pressing exigency of public affairs will permit, except two, t^^t : the Lieutenant Governor and a member of the Council who may be charged with the Treasury Department, and these two at the discretion of the' Governor, may be retained, but not beyond the adjournment of the Legislature, after its next sitting, unless the Legis- lature should otherwise, direct. Done at Charleston, the eighth day of April, in the year of our Lord one thousand eight hundred and sixty one. D. F. JAMISON, President. Attest : B. F. ARtnuR, Clerk. 776 ORDINANCES OF THE The State of South Carolina. Afca Convention of the People of the State of South Carolma, re- assembled by ajTpointnient of the President thereof, at Charleston, on the twent3'-sixth day of March, in the year of our Lord one thousand eight hun'drcd and sixty-one, and thence continued by divers adjournments to the eighth day of April in the same year. AN ORDINANCE To transfer to the Government of the Confederate Slates of America the use and occupancy of the forts, arsenals,- navy yards, custom . houses, and other public sites, within the limits of this State. We, the People of South Carolina, in Convention assembled, do or- dain and declare, and it is hcrehy ordained and declared, by the au- thority of the same : That the Government of the Confederate States of America is hereby authorized to occupy, use and hold possession of all forts, navy yards, arsenals, custom houses, and other public sites, within the limits of this State, and their appurtenances, lately in the possession of the United States of America, together with Fort Sumter, and to repair, rebuild and control the same at its discretion, until this Ordinance be repealed by a Convention of the People of this State. Done at Charleston, the eighth day of April, in the year of our Lord one thousand eight hundred and sixty-one. D. F. JAMISON, President. Attest : B. F. Arthur, Clerk. SECOND SESSION. 777 A BILL To alter and amend tlie Third Section of the First Article of the Constitution of this State. I. Be it enacted by the Senate and House of Representatives, now met and sitting in General Assembly', and by the authority of the same, That the Election District declared and known in the Constitu- tion by the name of Claremont, shall be hereafter known and recognized by the name of Sumter. II. Be it further enactedhy the authority aforesaid, That the Elec- tion District declared and known in the Constitution by the name of Liberty, shall be hereafter known and recognized by the name of Marion. • In the Senate House, th« fourth day of December, in the year of our Lord one thousand eight hundred and sixty, and in the eighty- fifth year of the sovereignty and independence of the United States of America. . We do certify that the foregoing Bill has been read three times, on three several days, in the House of Bepresentatives, and three times, on three several days; in the Senate, and was agreed to by two-thirds of the whole representation in both branches of the Legislature. WILLIAM D. EOrxTER, President of the Senate. .lAMES SIMONS, Speaker House of Representatives 08 778 ORDINANCES OF THE A BILL To alter and amend the Tenth Section of the First Article of the Constitution of the State of South Carolina. I. Be it enacted by the Senate and Ilouse of Representatives, now met and sitting in General Assembly, and by the authority of the same, That the tenth Section of the first Article of the Constitution of this State be altered and amended, to read asfollows: Senators and Members of the House of Representatives shall be chosen .on the Tues- day after the second Monday in "October, in the year of« our Lord one thousand eight hundred and sixty-two, and on the same day in every second year thereafter, in such manner and at such times as are herein directed, and shall «neet on the fourth Monday in November, annually, at Columbia (which shall remain the seat of Government until other- wise determined by the concurrence of two^-thirds of both branches of the whole representation), unless the casualties of war, or contagious disorders, should render it unsafe to meet there; in either of which cases, the Governor or Commander-in-Chief for the time being may, by proclamation, appoint a more secure and convenient place of meet- ing: Provided, That nothing herein contained shall be so construed as to apply to those Senators whose term of office will not expire on the second Monday in October, in the year of our Lord one thousand eight hundred and sixty-two. In the Senate House, the twenty-eighth day of January, in the yeao* of our Lord one thousand eight hundred and sixty-one, and in the eighty-fifth year of the sovereignty and independence of the State of South Carolina. We certify that this Bill has bc(in read three times in the House of Representatives, and three timtes in the Senate, at the present session, and was agreed to by two-thirds of the whole rcpresen- \ation. WILLIAM D. PORTER, President of the" Senate. JAMES SIMONS, SjKaker House of Representatives. THIRD 'SESSION. 779 The State op South Carolina. At a Convention of the People of the State of South Carolina, reas- sembled bj appointment of the President thereof, at Columbia, oa the twenty-sixth day of December, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued, by divers adjournments, to the second day of January, in the year of our Lord one thousand eight hundred and sixty-two. AN ORDINANCE To provide for the Removal of Negroes and other Property from por- tions of the State which may be Invaded by the Enemy. We, the People of (he Stale of South Carolina, in Convention as- semblad, do declare and ordain, and it is hereby declared and or- dained : Section 1. That for the purpose of more fully accomplishing the objects of this Ordinance, there shall be elected, by this Convention, a Commission of three citizens for each of the Districts of Horry, Georgetown, Charleston, Colleton and Beaufort; and the citizens con- stituting such Commission shall be fully authorized to exercise the powers hereinafter provided for the said Commission. Sec. 2. That whenever there shall be reason to believe that any portion of the State, not now in the actual possession of the enemy, may come into his possession, or the Commanding General of the Con- federate forces shall notify any one of the said Commissions that a re- moval of the slaves within the District of said Commission, or any portion tdicreof, is necessary for the successful prosecution of his mili- tary duties, or it shall appear to the said Commission that such removal is otherwise requind by the public interest, it shall be the duty of the Commission for the District in which such portion of the State maybe, to notify all persons therein residing and owning negroes, or havin con- ducting them to a place of safety. Sec. o. It shall be the duty of the said Commission, in all cases of removal of negroes under this Ordinance, to cause to be carried and removed with such negroes, if practicable, so much of the provisions which belong to the o^r;er or owners, or persons having charge of such negroes, as will be necessary for their support, or to sell the same and apply the proceeds to the support of such negroes. Sec. 4. In allcases where the owner or owners, or persons having charge of negroes to be removed under this Ordinance, shall have pre- pared or provided a place or places to which such negroes can be car- ried, it shall be the duty of the said Conimission to give to the owner or owners, or persons having charge of such negroes, such aid for their removal as may be necessary, and the Commission can command. And if the owner or owners, or persons having charge of negroes to be re- moved under this Ordinance, shall not have prepared or provided any place or places to which such negroes can be carried, it shall then be the duty of the said Commission to cause such negroes, with the pro- visions for their support, to be removed and carried to tuch place or places as the said Commission shall or may procure, with the consent of the owner or owners of such place or places, and upon such terms as may be agreed upon for the use and occupation of such place or places. And, upon the reuioval of the negroes and provisions, if any, to such place or places, they shall be no longer under the charge of the said Commission, but shall be restored to the control of the owner or owners, or persons entitled to the cliarge of them. Sec. 5. It shall be the duty of the said Con)niission, without delay, to procure and provide placets to which negroes may be carried under this Ordinance. And to such of these places as may be considered best for that purpose, it shall be the duty, also, of the said Commission, to cause to be carried, and there safely kept, such supplies of provi- sions as the said Commissiou niay, and is hereby, authorized to purchase. And such supplies of provisions, at such places, shall be considered public granaries, to be used under the authority of the said Commission, for the support of negroes removed under this Ordinance; TniRD SESSION. 781 and whose owner or owners, or persons in charge of them, are unable otherwise to provide for their support. Sec. 6. Whenever the owner or owners, or persons in charge of negroes removed under this Ordinance, shall be unable to employ them at the place or places to which they have been removed, it shall be the duty of the said Commission to confer with the Executive Authority of this State as to the employment which can be given to such negroes, on the public works or in the public service of- the State, on iu any other manner by which the expense of their removal or support cau be saved. And, iu all such cases, the owner or owners, or persons in charge of such negroes, if practicable, shall be consulfed as to the em- ployment of such negroes, and all such regulations shall be made for their safety and protection as such owner or owners, or persons in charge of such negroes', shall reasonably suggest. Sec. 7. The said Commission shall maintain frequent communica- tions with the Commanding General of the Confederate forces within this State,» that it may be constantly informed of the necessity which may, from time to time, exist or arise for its exercise of the powers herein given and its discharge of the duties hereby imposed. Sec. 8. The said Commission shall keep a record of all its proceed- ings under this Ordinance, and report the same to the General Assem- bly of this State at its next annual meeting; unless, previous 'to that time, this Convention shall be again a.ssemblcd. And, if so, such re- port shall then be made to this Convention. Sec. 9. AVhen any t^um of money shall be expended by or under the authority of the Commissions herein provided for, in the .removal or support of the slaves or in the removal of the produce or other prop- erty of any person, there shall be a specific lien upon the said slaves of such person for t\^e repayu)eut of the said suili of money after the termination of the existing war; which lien may be summarily en- forced by seizure and sale. Sec. 10. That each Commission are hereby authorized to draw upon the Treasury of the State for the sums of money which may be neces- sary to enable them to execute the provisions of this Ordinance; and that the Legislature be directed to provide ways and means to reim- burse the Treasury. Sec. 11. That in the event of any vacancy in said Commission, the Coaimission .'■hall have power to fill such vacancy. Sec. 12. That all corporations and owneri of ferries, whose means 782 OKDINANCES OF THE and facilities of transportation may be used in carrying out the pur- poses of this Ordinance, shall not be allowed to charge more than half the present rates. Done at Columbia^ the second day of January, in the year of our Lord one thousand eight hundred and sixty-two. D. F. JAMISON, Prcsi-Jent. Attest': B. F. Arthur, Clrr/.-. Jiesolvcd, That any person or persons willing immediately, or in anticipation of the order of the Commission, to remove their negroes and necessary provisions for their support under the terms of an Ordinance entitled " An Oidinance to provide for the removal of ne- groes and other property from portions of the State that may bo invaded by the enemy," be, and the game are hereby, entitled to receive all such aid, on application to the Commission, as is prescribed by said Ordi- nance lo be afforded to those who remove on notice ; and the Commis-^ sion is hereby directed to afford the said aid, so far as the same may be expedient or practicable; and further, that all means of transportation shall beMflforded by corporations and private ferries under the terms of said Ordinance. Dune at Columbia, the third day of January, in the year of our Lord one thousand eight hundred and sixty-two. D. F. JAMISON, President. Attest: B. F. Arthur, Clerk. * Resolved, That the injunction of secrecy be removed in relation to the Ordinance providing for the removal of slaves, and the resolution passed amendatory thereof, in so far as to permit the communication of a certified copy of the Ordinance to each of the Commissioners, with leave to make known so much of the Ordinance as may be necessary tq the several parties interested therein, and to the commanding Generals of the Confederate forces in this State. D. F. JAMISONj President. Attest : B. F. Arthur, Clerk. THIRD SESSION. 783 The State of South Carolina. At a Convention of the People of the State of ^outh Carolina, re- aps^mbled by appointment of the President thereof, at Columbia, on the twenty-sixth day of December, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjgurnmcnts, to the second day of January, in the year of our Lord one thousand eight hundred and sixty-two. • , AN ORDINANCE To exempt Overseers from the performance of Militia Duty. We, the People of the State of South Carolina, in Convention as- sembled, do declare and ordain, and it is herehi/ declared and ordained: Sec. 1. That during tKe time when any portion of the State may be ia the possession of or under the control of the forces of the United States, it shall and may be lawful for every owner, agent or trustee iu charge of a plantation and negroes, |ind who shall desire to keep upon the saiJ plantation the Overseer of the negroes thereon, to apply to the Adju- .tant and Inspector General of the State, setting forth the number of negroes under the charge of the said Overseer, and the situation of the plantation. And the Adjutant and Inspector General may there- upon makq an order exempting such Overseer from militia duty, except as an alarm man, and furnish also such Ovcjseer with a copy of the order. Sec. 2. The order of the Adjutant General shall be given where the number of slaves exceeds fifteen working hands, and the owner or other person having charge of the plantation is absent in the service of the State, or is above the age of sixty years, or is decrepid or a female ; and in general wherever of fifteen or more slaves there is no white male left for protection and government be.'^idcs the Overseer; but in no case shall the order exempt the Overseer from the performance of or- dinary militia duty, from patrol duty, or from any police duty which may be recjuired' of him. Done at Columbia, the second day of January, in the y«ar of our Lord one thousand eight hundred and sixty two. D. F. JAMISON, President. Attest: B. F. Arthur, Clerk. 784 'ORDINANCES OF THE The State of South Carolina. At a Convention, of the People of the State of South Carolina, reas- sembled by appointment of the Prc;;iclcnt thereof, at Colupibia, on the twenty-sixth day of December, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments, to the sixth day of January, in the year of ^ our Lord one thousand eight hundred and sixty-two, AN ORDINANCE To provide for holding Elections for Districts occupied or threatened by the enemy. We, the People of (he State of South Carolina, in Convention assem- bled do declare and ordain, and it is here!)// declared and ordained : That when, during the continuance of the existing war between the Confederate ^^tates of America and the United States, some or all of the places of voting in any Election District of this State shall be occupied, or threatened by the enemy, so that, in the opinion of the Executive authority, an election cannot be conducted therein with composure, it shall be competent for the Executive authority, by proclamation, to give notice of any election, at vihich the voters of the said Electiou District would, in a condition of peace, be entitled to vote; and by the said proclamation (which shall be pub- lished at least a fortnight before the day lixed fur the said election,) to direot in what neighboring Election Districts the said voters may vote at the said election, and at what places therein, and how and by whom the said election shall be conducted, and how, when and where the re- sult of the said election shall be ascertained and declared. An election had under the provisions of ihe proclamation aforementioned shall be as valid and etfectual as if it had been regularly had in the Eleetion District first abovementioned. * Done at Columbia, the sixth day of January, in the year of our Lord one thousand eight hundred and sixty-two'. D. F. JAMISON, President. Attest: B. F. Arthur, Cleric. * THIRD SESSIOJJt. 785 r The State of South Carolina. At a Convention of the People of the State of South Carolina, reas- sembled by appointment of the 3'resident thereof, at Columbia, on the twenty-sixth day of December, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments, to the sixth day of J.\nuary, in the year of out Lord one tliousand eight hundred and sixty-two. AN ORDINANCE To enable citizens of this State, who are engaged in military service to exercise the right of Suffrage. ]Ve, the People o " the State of South Carolina, in Convention as- sembled, do declare and ordain, and it is her.ehy declared and ordained : Sec. 1. That all citizens of this State, who are engaged in the mili- tary service either of this State or of the Confederate States, and on that account are absent from their respective Election Districts at the time of any general or District election, shall be entitled to exercise the rio^ht * of suffrage in all respects as fully as they could do were thoy present in their respective Election Districts. Sec. 2. That for the purpose of enabling such persons so to exercise the right of suffrage, it shall be their privilege, when any two or more may be at the same camp, or other place where soldiers arccongrecated to have opened at such camp or other place, a poll, to be managed by any two commissioned officers, citizens of this State^ who may be by Buch voters selected to manage the same. Sec. S.'That before entering upon the management of such poll, the Managers shall take the oath prescribed by the laws of this State to be administered to Managers of Elections, which oath they are hereby aiithorized to administer to each other; and they are further empowered to administer to the voters the oath prescribed for that purpose by the laws of this State. Sec. 4. That in the management of such poll, the Managers shall • make a schedule containing — 1. A caption, setting forth the place and time such election was held, and the Election District and the office for which it was held. 2. The names of all the voters, enrolled by the Managers, and sub- scribed by the voters to the oath administered to each; each voter 99 786 ORDINANCES OF THE affixing; hfs signature, by his own hand, opposite to his name enrolled by the Jlanajrcrs. 3. An attestation signed by the Managers. Sec. 5. Tliat immediately on closing the poll, the ^lanagcrs^ shall proceed to count the ballots, and shall subjoin to the schedule above ipentioncd, a certificate, under their hands, setting forth the fact of counting and the number of votes cast for each individual. And the Managers shall thereupon enclose the said schedule and certificate, under sealed cover, addressed to the Clerk of the Court of the Judicial Dis- trict in which such Election District may be situated, and endorsed " Election Return for — — Election District, for office of ," and transmit the same by mail, or by some messenger to be employed at the cx"pense of the voters. And if the election shall be for a mem- ber of Congress, with the said schedule and certificate, shall be en- veloped the ballots cast. Sec. 6. That the said poll shall be opened on the day fixed for such election to be had in the Election District to which it pertains, or on any day within ten days preceding that day (not computing that * clay), and at such hours as the Managers may designate as most con- venient. Sec. 7. That it shall be the duty of the Clerk of the Court by whom any such election return may have been received, to deliver or transmit the same to the Managers of Elections for such Election District, on or before the daj on which they may assemble at tlie Court House or other place appointed by law for declaring such election. And the Managers so assembled shall proceed to aggregate the returns which may be thus received with the returns which shall have been made by them from the District precincts, and shall declare the election as now provided by law; and, if the election be for a member of Congress, shall trans- mit the schedule, certificate and ballots aforementioned, to the office of the Secretary of State, along with the ballots cast in the Election Dis- trict. Sec. 8. The Executive authority shall cause to be prepared and sent • to the Colonels of the various Regiments of this State engaged iu actual service, blank forms for the schedules and certificates above re- quired, which shall contain the oaths of Managers and voters. Sec. 9. That this Ordinance shall continue of force pnly during the continuance of the existing war between the Confederate States of America and the United States; and shall be, and is hereby declared to be, a substitute for the provisions of an .Act of the General Assem- THIRD SESSION". 787 bly of this State, entitled "An Act to enable Volunteers in the Mili- tarj service to exercise the right of suffrage," ratified the twenty-first day of December, ia the year of our Lord one thousand eight hundred and sixty-one : Provided, That in any election which ni,ny be hold for a District officer, before the first day of February noxt, the said Act shall prevail according to its terms and provisions. Done at Columbia, on the sixth day of January, in the year of our Lord one thousand eight hundred and sixty-two. D. F. JAMISOX, President. Attest : B. F. Arthur, C^er/c. 788 ' ORDINANCES OF THE * , " The State of South Carolina. At a Convention of the People of the State of South Carolina, re- assembled by appointment of the President thereof, at (Columbia, on the twenty-sixth day of December, in the year of our Lord one thousand eight hundred and sixty-one, and thence continued, by divers ai'journmeats, to the sixth day of January, iu the year of our Lord one thousand eight hundred and sixty-two. AN ORDINANCE To suspend in part the operation of an Act of the General Assembly, entitled "An Act for regulating and fixing the Salaries of several Officers, and for other purposes therein mentioned." We, the People of the State oj South Carolina, in Convention assem,' bled, do declare and oi'd Governor and three otiier citizens of the State, to be chosen by this Convention by ballot, a majority of the votes cast at such election being necessary to a. choice. Sec. 2. The Governor and the Executive Council, acting together, shall have power to declare niaitial law to such extent, in such places, a:id at such times, as shall be required by the exigency of public all'air.s; to arrest and detain all disloyal, or disuflected persons,' whose being at large they shall deem inconsistent with the public safety ; to order and enforce (subject to tlic owner's right to receive due compensation from the State) such dispo&ition of private property or appropriation thereof for public uses as the public good shall appear to them to require; to make, and cause to be executed, all such orders, regulations and ar- rangements, as they shall, from time to time, find expc'lient for bringing intu service, organizing, and supporting, the vjhole, or any part, of tlio 100 794 ORDINANCES OF THE population of tlie^State, to be employed in the public service, and, also, for Djaintaining £uch efficient police as shall, by them, be thought necessary; to make, procure or employ arms, munitions of war, and whatever ehe may be required for the dcficnce of the State ; to consti- tute and appoint such agents as shall be necessary for the more efficient execution of the powers hereby conOded to them ; for these purposes to draw money from the public Treasury, the Treasurers being bound to pay their drafts from any money in the Treasury ; to make all such nominations and appointments to military offices as the Governor has heretofore been authorized to make ; to fill all offices and appointments where there is any vacancy for default of action by the Legislature or other appointing power, or for default of any provision by law of the mode of appointment, and to fill, until the next meeting of the People in Convention, any vacancy which may occur in the Council by reason of the death, resignation or removal from the State, of any one of the three members thorcof chosen by the Convention. Sec. 3. In the discharge of all his duties and the exercise of all bis powers, not hereinbefore enumerated, the Governor is authorized to consult the Council, and to recjuire, if need be, its advice in writing. Sec. 4. The Governor and Executive Council may, at their discre- tion, arrange some or all uf the business to be done by, them, into different departments, assign each department to one or more members of the Council, and make rules for the "management of a department or other business. Acts done by either of the departments, in con- formity to rules or orders established by the Governor and Council, shall be valid, but shiill be always subject to the control of the Gov- ernor and Council. Sec. 5. The Governor shall have access to the books and papers of every department, and the opportunity of being, at all times, fully informed of. the condition of its business; reports to him shall be made by the heads of depai:tments, when he may require them ; and he shall communicate to this Convention and to theGeneral Assembly, at every meeting of either body, full information concerning the trans- actions of the Council and the condition of every department. Sec. 6. If there should be a vacancy in the office of Governor, the Lieutenant Governor, havitSg succeeded to that office, shall discharge the, duties herein required of the Governor ; and the President of the Senate, having succeeded to the office of Lieutenant Governor, shall become a member of the Executive Council. THTRD SESSIO.V. 795 Sec. 7. The Governor (or if he be necessarily absent, the Lieutenant Governor,) and any two of the members of Council elected by this Convention, shall be sufficient to constitute a quotum ; and the coneur- reuce of a majority of all present, there bcini; a quorum, shall be re- quired for the validity of any action in which the Governor and Coun- cil are required to act conjointly. If by vacancies, the Council should bo reduced to two or only one, the Governor for the time being, with those two or that one, shall be sufficient to fill the vacancies jn the places of members chosen by this Convention, until the next meetin;-,' of the Convention. "Bec. 8. The Governor and Council shall keep a record of their pro- ceedinprs, and for this purpose the Special Private Secretary of the Governor shall be their Secretary without additional pay. This record shall especially show the reasons for every arresl made by their authority. Any one of, them shall have the privilege of filivg and thus preserving as part of the record, his dissent from their action in any matter. On the first d ly of each meeting of the People in Convention, the reciord of aU the proceedings of the Governor and Council had prior thereto, shall be laid before such Convention, and the said proceedings shall be subject to review, and to repeal, or such modification by tho Convention as to it shall seei% proper. . Sec. 9. The first meeting of the Governor and the Executive Coun- cil shall be had within seven days after the adjournment of the present sitting of this Conventiun, at a time ahd place to be fixed by the 1 Governor, Of which he shall give notice to each member. Afterwards their meetings shall be regulated by their own orders and adjouru- ments. Sec. 10. Each member of the Council slwll receive an annual sal n-y of two thou?;iud dollars, pa^abie quarterly out of the Treasury upon tho draft or order of the Governor. Sec. 11. The President of the Convention, if in his opinion the public exigencies shall require, or if he shall be requested in writing so to do by any twenty nieu)bers of the Convention, shall by notice under his hand duly published, assemble this Convention, without delay, at a time and place to be by him fixed, and he shall appoint a Committee of five members of the Convention, a majority of whom, or the survivors or survivor of such majority, shall, in case of the death, resignation or disqualification of the Presidant, have the ^ke authority and be under tho like obligation to assemble the Convention and appoint a time and 796 ORDINANCES OF THE place for its meeting; but neither tlie President of the Convention nor any member of the said Committee shall be a member of the Executive Council. Done at Columbia, on the seventh day of January, in the year of our Lord one thousand eight hundred and sixty- two. D. F. JAMISON, President. B. F. Arthur, ClerJc. , . THIED SESSION. 797 The State of South Carolina, At a Convention of tlie People of the State of South Carolina, re- assembled by appointment of the Prei^ident thereof, at Culumbia, on the twenty-j^ixth day of December, iu the year of our Lord one thousand eight hundred and sixty-one, and thence continued by divers adjournments, to the* eighth day of January, in the year of our Lord one thousand tight hundred and sixty-two. AN ORDINANCE To suspend certain parts of the Constitution of the State of South Carolina. We, (he Peopfe of the State of South Carolina, in Convention os- senibled, do (hdare and ordain, and it is hereby declared and ordained : That until the general election next following the termina:ion of the war between the Confederate States of America and the United States, now existing, the following parts of the Constitution of the State of South Carolina shall be suspended, to wit : Sections Twenty- ninth and Thirty-first of Article First, add the' last clause of Section •First of Article Third.' *Done at Columbia, the eighth day of January, in the year of our Lord one thousand eight hundred and sixty-two. D. F. JAMISON, President. Attest: B. F. Arthur, Glerk. 708 ORDINANCES OF THE Toe St^tk op South Carolina. At a Convention of tl»c People of tlie State of Soutli Carolina, reas- sembled by appuinta.cnt of the President thereof, at Columbia, on the ninth dny of September, in the year of our Lord one thousand ei^ht hundred and sixty ttro, and thcnco continued by divcra adjuurumcQt£, to the sei'eateenth day of the same mouth. AN ORDIXANC]-: To aiiKMid an Ordinance entitled "An Ordinance fur strcnjrthcning the Kxccuiive Dopartmeut during the exigencies of the present war." ]Ve, the People of t\e State of S)uth Carolina, in Convention n»sem- blcil, Jo declare and onlain, ami it u herdti/ declared and ordained: That the " Ordinance for strengtheDiog the Exccutivo Department durincr the exi<_'cncie3 of the present war," nitiGcd ia Convention on the seventh duy of January, A. D. 18Gli, shall be auicuded as fulloNts : Stc. 1. The term o* office of those members of the Exccutivo Coun- cil who were chosen by tliis Convention shall expire on the second Moiid:iy in iJeceniber next, and the vacancies thus occurring may bo filled by the General Assembly^ by joint ballot of the two houses, apy free white adult male citizen being eligible, and a majority of all the votes east bcinL' ueecessary to an election. Sec. 2. The Governor bimll communicate to the General Assembly, on the first day of the next session thereof, full information concerning the transactions of the Council from the first dny of the present session of this Convention until the time of the said coimiiunication, and. also of the condition of every Department, and t^hull lay before the General Assembly the record of all the proceedings of the liovernor and Council durii;g the same tinvc. This communication shall especially inform the General Assembly of evory instance in which any Act of the (Jeneral Assembly has been, or shall have been, prior to that time, moditied or 6Uf=peuded by the action of the Governor and Council, and the reasons therefor, and the General Assembly shall have authority to review, repeal or u^odify such proceedings of the liovernor and Council, or any of them, as to it shall seem proper. Sec. o. The General' Assembly shall have power, by Act of the Legislature, to modify the constitution of the K);eeutive Council, by FOURTH SESSION. 799 reducing the number thereof, oi* restrict! ncr the powers conferred there- upon by the Ordinance of this Convention, or wholly to abolish tlic said Executive Council Sec. 4.* This Convention shall cease and be dissolved upon the ex- piration of two full years from the date of its origit^al orj^anization, to wit, on tlie l7th day of December next, at 12 o'clock, noon, but njay in the meantime bo a=sembled upon the- call of the President, or in case of his death Or absence from the State, or in case of his inability to act, by the Committee of five, appointed at the last session of this Conven- tion for this purpose, or by a majority of them, or the survivors or sur- vivor of such majority, and sha/l be assembled upon the united demand in writing of a majority of the members of this Convention at the time of such demand. Done at Columbia, the seventeenth day of Scpleniber, in the year of our Lord one thousand eight hundred and sixty-two. D. F." JAMISON, President. Attest: B. F. ARruua, Clerk. 800 ORDINANCES OF THE The State of South Carolina. • , • At a Convention of the People of the State of South Carolina, reassembled by appointment of the President thereof, at.Columbia, on the ninth day of September, in the year of our Lord one thou- sand ciii;ht hundred and sixty-two, and thence continued by divers adjournments to the seventeenth day of the same mouth. AN ORDINANCE To give to the General Assembly power in reference to certain Ordi- nances and Resolutions of this'Couvention. We, (he People of the Slate oj South Caro/ina, in Convention assem- hled, do declare and ordain, and it is herehi/ declared and ordained: That the following Ordinances and Resolutions of this Convention shall be subject to modification or repeal by the General Assembly, to wit: 1 " An" Ordinance to Exempt Overseers from the Performance of Militia Duty." 2. "An Ordinance in relation to a Portion of the Militia." o. " An Ordinance to Enable Citizens of the State, who are en- gaged in military service, to Exercise the Right of Suffrage." And it is hereby ordained, that in its action concerning this Ordinance the General Assembly shall have power, during the time mentioned in the said Ordinance, to disregitrd the seventeenth .section of the first Ar- ticle of the Constitution of the State of 'South Carolina, so far as to permit citizens engaged in military service, to vote for a general elec- tion on a day or days different from the Tuesday mentioned in that sectioii, and also to disregard the exception of *' non-commi.ssioned offi- cers and private soldiers of the Confederate States of America," con- tained in the thirteenth secjion of the first Article of the said Consti- tution, so far as the same might be cdnsidexed to affect such citijens engaged in the military service of the Confederate States, whether volunteers or conscripts. 4. " An Ordinance to provide for the Removal of Negroes and other Property from portions of the State which may be invaded by the ene- my." And it is hereby ordained that the eighth section of this Ordinance be so amended as to require the report therein mentioned to be made to the General Assembly on tbe first day of every session thereof. 5. The Resolution annexed to the Ordinance last mentioned, in tefercuce to j'crsous willing to remove in^uticipation of an order. FOURTH SESSION. 801. 6. The Resolutions subjoined to the Kcport of the Special Commit- tee No. 2, which Resolutions relate to the removal of persons from the city of Charleston, who, by reason of age, sex or infirmity, are inca- pable of taking part in its defence. Done at Columbia, the seventeenth day of September, in the year of our Lord one thousand eight hundred and sixty-two. D. F. JAMISON, Fresideni. Attest : B. F. Arthur, Clerk. 101 THE CONSTITUTION OF THE STATE OF SOUTH CAROLINA, APRIL 8, 1861. ire, the People of the State of South Carolina, in P'-«"«We. Convention assembled, do ordain and establish this- Con- stitution,/or the Government of the said Slate: • ARTICLE L Section 1. The Legislative authority of this State Legislature, shall be vested in a General Assembly, which shall con- sist of a Senate and House of Representatives. Section 2. The House of Representatives shall be ^^,^X^''l^X composed of Members, chosen by ballot, every second 5^""^^^*"^ year, by the citizens of this State, qualified as in this <■'•»«• Constitution is provided. Section 3. The Election Districts in this State shall dSu°" be as follows, to wit : Charleston, (including St. Philip and St. Michael,) Christ Church, St. John, Berkeley, St. Andrew, St. George, Dorchester, St. James, Goose Creek, St. Tho.mas and St. Dennis, St. Paul, 804 .CONSTITUTION. St. Bartuolomewt, St. James, Santke, St. John, Coj.leton, St. Stephen, St. Helena, St. Luke, Prince WilliAm, St. Peter, , All Saints, (including its ancient bound- aries,) Winyaw, (not including any part of All Saints,) Kingston, (not including any part of All Saints,) Williamsburg, Marion, Marlborough, Chesterfield, Darlington, York, Chester, Fairfield, Richland, La ij caster, •Kershaw, * Sumter, Clarendon, Abbeville, Edoefikld, . Newberry, • Lauukns, Union, Spartanburg, (heretofore called Spartan,) Greenville, Anderson, Pickens, f5T. Matthew, Orange, Barnweli?, Lexington. CONSTITUTION. 805 Section 4. The boundaries of the Election Districts /^"""■''''•les of Districts. shall remain as thcj h;ivc heretofore heen established. Section 5. The House of Representatives shall con- i-i i^ppre- sontatives, sist of one hundred and twenty-four Members, to be • apportioned anionir the several Election Districts of the apportioned f, ,. "^ .... ac onling to State, according to the number or white inhabitants white popu- 111 /- 11 -111 lalion contained, and the amount or all taxes raised by the Legislature, whether direct or indirect, or of whatever ^"^ species, paid in eacli, deducting therefrom all taxes paid Taxes, on account of property held in any other District, and adding thereto all taxes elsewhere paid on account of property held in such District ; an cnumerj^tion of the Census to ,..,,.-,. 1 • 1 ^ taken, wliite inhabitants, tor this purpose, was made in the year one thousand eight hundred and fifty-nine, and shall bci made in the course of every tenth year thereafter, in such manner as shall be by law directed ; and Represen- tatives shall be assigned to the different Districts, in the above-mentioned proportion, by Act. af the Legisla- ture, at the session immediately succeeding every enu- meration. * Section 6. If the enumeration berein directed should omission not be made in the course of the year appointed for the plied, purpote, it shall be the duty of the Government to have' it effected as soon thereafter as shall be practicable. ' Section 7. In assigning Representatives to the seve- Fractions. ral Districts of this State, the Legislature shall allow one Representative for every sixty-second part of the whole number of white inhabitants in the State; and one Rep- resentative, also, for evei^ sixty-second part of the whole taxes raised by the Legislature of the State. The Legislature shall further allow one Representative *for euch fractions of the sixty-secvond part of the white inhabitants, of the State, and of the sixty-second part of the taxfes raised by* the Legislature of the State, a.s when added together, form a unit. Section 8. la every apportionment of representation T»xpn.how which shall take place after the first apportionment, the 80G CONSTITUTION. amount of taxes shall be estimated from the average of the ten preceding years. Ench Di»- Section 9. If, in the apportionment of Reprcscnta- trict one Ro- . r> . . . pretentauve. tivcs, any Election District shall oppcar not to be entitled, from its population and its taxes, to a Bcprescntative, such Election District shall nevertheless send one Kep- resentativc; and if there should be .<.till a deficiency of the number of Eeprcsentativcs required by section lifih, sucli deficiency shall be supplied by assigning Represen- tatives to those Election Districts having the largest surplus fractions, ■whether those fractious consist of a conibinatioq of population apd taxes, or of population, or of taxes separately, until the number of one hundred and twenty-four members bo prowded. Wtien ap- 8hHii°tokeep Section 10. No apportionment of Representatires ft^i- shall be construed to take eficct, in any manner, until the general election which shall succeed such apportion- •ment. • Section 11. The Senate '.'^hall be composed of one member from each Election District, except the Dis- trict formed by the Parishes of St. Philip and St. Mi- chael, to which shall be allowed two Senators as . heretofore. Section 12. The Senators having been heretofore divided, 'by lot, into two classes, the seats of the" Sena- tors oT the first class shall be vacated at the expiration of the second year aft,pr the Monday fullowiuga general election, and of the second class at the expiration of the ' fourth year ; and the number of these classes shall bo so proportioned that one-half of the whole number of Senators niay, as nearly as possible, continue to bo chqsen thereafter every second 'year. tioii of voters Section 13. Every free white man of the age of twenty-one years, paupers, and nou-commissioned ofiicers and private soldiers of the army of th» Confederate States of America excepted, who hath been a citizen and resident in this State two years previous to the day CONSTITUTION. 807 of election, and who hath a freehold of fifty acres of .land, or a town lot, of which he hath been legally seized and possessed at least six months before such election ; or not having such freehold or town lot, hath been a resident in the Election District, in which he offers to give his vote, sis months before the said election, shall have a right to vote for a member, or members, to serve in either branch of the Legislature for the Election Dis trict in which he holds such property, or is so resident. Section 14. The returning officer, or any other per- now ^ proved or ex- son present, entitled to yote, may require any person, amiued. who shall offer his vote at an election, to produce a cer- tificate of his citizenship,. and other qualification, enti- tling him to vote, or to swear, or "affirm, that he is duly qualified. to vote, agreably to this Constitution. Section 15. No person shall be eligible to a scat in Qu»»flc»- *^ _ '=' ^ tion of Rep. the House of Representatives unless he is a free white '•^'^eutatives. man, of the age of twenty-one years, and hath been a citizen and resident in this State three years previous to his election. If a resident in the Election District, he shall not be eligible to a seat in the House df Repre- sentatives unless he bo Iccrally seized and possessed, in his own right, of a settled freehold estate of five hun- dred acres of laud and'ten negroes; or of a real estate of the value of one hundred and fifty pounds, sterling, clear of debt. If a non-resident, he shall be legally seized and possessed of a settled freehold estate therein of the value of five hundred pound.s, sterling, clear of debt. Section 16. No person .shnll be eligible to a seat in who fihau - , not he ^Ugl- the Senate unless he is a free white man, of the age of Weto the 1 • 1 1 > 1 ■ • • 1 -1 • 1 • Senate. thirty yearn, and hath been a citizen and resident in this ' State five years previous to his election. If a rc-ident in the Election District, he shall not be eligible/ unless he be legally .seized and possessed, in his own right, of a settled freehold of the value qS three hundred pounds, sterling, clear of debt. If a non-resideDt in the Election District, he shall not be eligible, unless he be legally 808 CONSTITUTION. seized and possessed, in his own right, of a sctflcd free- hold cstaie, in the said l>i?;tricf, of the value of one . thousand pounds, sterling, clear of debt. M.mherg Sectiox 17. Senators and Members of the House of utuT^, when Representatives shall be clmscn at a general election on choson. ^j^g Tucsda}' after the second Monday in October, in the year of our Lord one thousand eight hundred and sixty- two, and on the sani(/ day in every second year there- after, in such manner and fur such terms of office as are wbento herein directed. They shall meet op the fourth Monday whtre'"*^ in November, annually, at Columbia (which shall remain the seat of Oovernment until otherwise determined by the concurrence of two-thirds of both branches of the whole representation), unless the casualties of war, or contagious disorders, should render it .unsafe to meet there; in cither of which cases, the £ioyernor,or Com- mander-in-Chief, fur the time being, may, by proclama- tion, appoint a more secure and convenient place of meeting. From the next general electiun shall, how- Senatore evcr, be excepted those Senators now in office, whose excepted. . .,, ... term of service will not expire in the year one thousand eight hundred and sixty-two. T.nns of Section 18. The terms of ullicc of the Senators and oHicu. Members of the House of Ke^)resentatives shall begiu on the Muudny I'ulluwing a general election. Validity of SECTION 19. Each IIousc shall judge of the elections, eleoticns— .... n • how deter- rctums and .qualifications of its own 3Ienibers; and a mi'iBd. ..<.,ir 111 majority ot each House sliall constitute a quorum to do Adjourn- busincss J but a Smaller number may adjourn from day ment from , , i • i i i day to day. to day, and may be authorised to compel the attendance of absent Members in such manner and under such pen- alties as may' be provided by law. ' ..,^"''\ Section 20. Each House shall choose, by ballot, its House to > >/ ' elect their q^q officers, determine its rules of proceeding, punish own (fflcers ' f t^> t ■ its Members for disorderly behavior, and with the .con- currence of two-thirds, expel a Member, but not a second . time for the same cause. CONSTITUTION. 809 ■ Section 21. Each House may punish, by imprison- jjf,^'^^^ °' ment during; its sitting, any person not a Member, who p"' '*''^ ^°'" shall be guilty of disrespect to the House by any disor- derlj? or contemptuous behavior in its presence ; or who, during the time of its sitting, shall threaten harm to body or estate of any member for anything said or done in either House, or who shall assault any of them there- for, or who shall assault or arrest any witness, or other person, ordered to attend the House, in his going to or returning therefrom, or who shall rescue any person arresled by order of the House. Section 22. The Members of both Houses shall be Privileges of Members protected in their persons and estates'durinsr their attend- and their es- ... tales. ance on, going to, and returning from the Legislature, and ten days previous to the sitting,. and ten days after the adjournment of the Legislature. Bat these privi- leges shall not be extended so as to protect any Member who shall be charged with treason, felony, or breach of the peace. Section 23. Bills for raising a revenue shall originate buu!"*""" ' in the House of Representatives, but may be altered, amended or rejected by the Senate ; and all other bills 0*'»erbijii. may originate in either House, and may be amended, altered or rejected by the other. Section 24. No Bill or Ordinance shall have the force gi^hefo"" of law until it shall have been read three times, and on "^^ '""^" three several days, in each House ; has had the great ' seal aflSxed to it, and has been signed in the Senate House by the President of the Senate and Speaker of tl:e Hou.se of Representatives. Section 25. No money shall be drawn out of the OM\y i^?- ' . _, , 1 I • 1 • 1 • Ulature to Public Ireasury, but by the legislative authority of the draw money. State. Section 26. The Members of the Loijislaturc, who compenM- 1 11 11 1 1 • /-< • • 1 11 1 *'"" to .Mem- shall assemble under this Constitution, shall be entitled bers. to receive out of the Public Treasury, far their expenses 102 • 810 CONSTITUTION. during their attendance on going to and returning from the Legislature, the compensation now fixed by law; and the same may be increased or diminished by law, if cir- cumstances shall require ; but no alteration shall be made by any Legislature to take effect during the existence of -the Legislature which shall make such alteration. Adjnurn. SECTION 27. Neither House, during their session, jnent of > .-> J House. without the consent of the other, shall adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. PepuiaUon SectiOxN 28. No Bill or Ordinance, which shall have about bring- ' iug in bills, ]3een reiccted by either House, shall be brought in again &■! , once re- *" •' . • o o jected. during the sitting, without leave of the House, and notice of six days being previously given. What per- SECTION 29. No pcrsou shall be eligible to a seat in PODS are ex- » , . • ' , , eluded from the Legislature whilst he holds any office of profit or Legislature. ii«n i-ip-i o e •' trust under this State, the Confederate State.'' of %\.merica, or either of them, or under any other power, except officers in the militia, army, or navy of this State, Jus- tices of the Peace, or Justices of the County Courts, while they receive no salariee ; nor shall any contractor of the army or navy of this State, the Confederate States of America, or either of them, or the agents of such contractor, be eligible to a .«oat in either Ilouf^e. And if any Member shall accept or exercise any of the said disqualifying offices he shall vacate his seat. iTow Ta- Section 30. If any Election-District shall neclect to cancies lu •' •■ the Lef-'isia- chooso a Member, or Members, on the day of election, or ture .shall bo ' , . filled. if any person chosen a Member of cither House should refuse to qualify and take.his seat, or should die, depart the State, or accept any di.^qualifjing office, a writ of election shall be issued by the President of the Senate or Speaker of the House of Representatives, as the case may be, for the purpose of filling up the vacancy there- by occasioned, fur the remainder of the term for which the person so refusing to qualify, dying, departing the State, or accepting a disqualifying office, was elected to serve. CONSTITUTION. 811 Section 31. And whereas the ministers of the Gos- ^^^^'j™"! pel are, by their profession, dedicated to the service of God and the cure of souls, and ought not to be diverted from the groat duties of their function ; therefore, no minister of the Gospel, or public preacher of any religious persuasion, whilst he continues in the exercise of his pastoral functions, shall be eligible to the office of Governor, Lieutenant Governorj or to a seat in the Sen- ate or House of llepresentatives. ARTICLE II. Section 1. The Executive puthnrity of this State Executive. shall be vested in a Governor, to be chosen in the man- How • ner following : As soon as may be after the first meeting chnseu— &!< of the Senate and House of Representatives, and at every first meeting of the House of Representatives thereafter, when a majority of both Houses shall bo present, the Senate and House* of Representatives shall jointly, in the Hou-;e of Representatives, dioosc by bal- lot a Governof, to continue for two years, and until a ncW election shall be made. Section 2. No person shall be eligible to the office of Quaiifwa- ^ , ' , tlon of Oct- Governor unless he hath attained the age of thirty years, eruor. and hath resided within the State, and been a citizen thereof, ten years, and unless be be seized and possessed of a settled estate within the same, in his own right, of the value of fifteen hundred pounds, sterling, clear of debt. No person having served two years as Governor shall bll" Vo? *'four be reeligible to. that ofiice till after the expiration of J*'""- four years. No person shall hold the office of Governor, and any Diwiuaiia- other office, or commission, civil or military, except in the militia, either in this State, or under the Confederate States of America, or either of them, or under any other power, at one and the same time. Section 3. A Lieutenant Governor shall be chosen i-'snten- ani (iovfinor at the same time, in the same manner, continue in office —how ' ohdnep, Ac. 812 CONSTITUTION. for the same period, and be possessed of the same quali- fications as tlie Governor. Member of Section 4. A Member of the Senate or House of J>et;i8i.iturH Taratfs his Representatives beine chosen, and acting as Governor («atonleing *, " . ' o rhosen Got- or Lieutenant Governor, shall vacate his seat, and another •mor or • , ' Licuterant- pcrsoD shall be elcctcd in his stead. GoTernor. y«aindes SECTION 5. In case of the impeachment of the Gov- — now filled. f ernor, or his removal from office, death, resignation, or removal from the State, the Lieutenant Governor shall succeed to his office. And in case of the impeachment of the Lieutenant Govx;rnor, or his removal from office, death, resignation, or removal from the State, the Presi- dent of the Senate shall succeed to his office, ut-til a nomination to those offices, respectively, shall be made by the Senate and House of Representatives, for the remainder of the time for which the officer so impeached, removed Iroiii office, dying, resigning, or removed from "the State, was elected. GoTernor SECTION 0. The Govcrnor shall be Gommander-in- to command ,^, . , army, &c. Chief of the army and navy of this State, and of the militia, except when they shall be called into the actual service of the Confederate States of America. May grant SECTION 7. IIc shall have powcr to erant reprieves pardons, iH at stated times, receive a compensation for their services, behavim, ro- which shall neither be increased nor diminished during fiensatioa, their continuance in office; but they shall yeceive nofiedVrom fees or perquisites of office, nor hold any other office of other'offlc"^ profit or trust, under this State, the Confederate States of America, or any other power.. Section 2. The style of all process shall be. " The '^^yi* ot State of South Carolina." All prosecutions shall be carried on in the name and by the authority of the State of South Carolina, and conclude — " Against the peace and dignity .of the same." 814 COXSTITUTIOX. ARTICLE IV. Oath of office. All persons who shall be elected or appointed \6 any office of profit or trust, before entering ou the exe- cution thereof, shall take (besides special oaths not re- pugnant to this Constitution, prescribed by the General A'sseifibly) the followiup:; oath : "I do solemnly swear (or affiruj) that I will be faithful, and true allegiance bear to the State of South Carolina, so lonp; as I may continue a citizen thereof; and that I am duly fiualiliod, according to the Constitution of this State, to exercise the office to which I have been appointed ; and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitu- tion of this State, and tljut of the Confederate States of America. So help me God." ArvTICLE V. R v'-e.>;«n- Section 1. The House of Keprescntatives shall have tiifives sball _ '^ ^ impeach. th© solc power of impeaching; but no impeachment shall be made, unless with the concurrence of two-thirds of the House of Representatives. Senate to SECTION 2. All iinpeachuients shall be tried by the try iiimeiich- _, -,,., ... <• . i , ^i o ^ nieuts. Senate. V\ hen sitting tor that purpose, the fcenators shall be ou oath, or affirmation, and no person' shall be convicted witliout the concurrence of two thirds of the Members present. whoiwWe Section 3. The Governor, Lieutenant Governor, and meut."'"""^ " all civil officers shall be liable to impeach niont for high crimes and misdemeanors, for any misbehavior in otBce, for corruption in procuring office^ or for any act which Punish- f^hall degrado their official character. But judgment in Sfconvictl^u* such cases shall not extend further than to removal frgm office and disqualification to hold any office of honor, trust or profit under this State. The party convicted shall, nevertheless, be liable to indictment, trial, judg-- ment and punij^hnient, according to law. CONSTITUTION. 815 Section 4. All civil officers, whoso authority is lim- (^jct" ninci"s ited to a sinffle Election District, a sinde Judicial Dis- to beresuu- ~ ' ^^ tea I y law, trict, or part of either, shall be appointed, hold their office, be removed from office, and in addition to liability, to impeachment, may be punished for official miscon- duct in such manner as the Legislature, previous to their appointment, may provide. Section 5. If any civil officer shall become disabled , num^Tii •' for intiruiity, from discharging the duties of his office, by reason of any permanent bodily or mental infirmity, his office may be declared to be vacant by joint resolution, agreed to by two-thirds of the whole Kcprcsentation in each branch of the Legislature. Provninf, That such resolution shall contain the grounds for the proposed removal, and, before it shall pass either House, a copy of it shall be served on the officer, and a hearing be allowed him. ' ARTICLE VI. SECTiCKvr 1. The Judges 'of the Superior Courts, the ^.J.l'^^l^ Commissioners of the Treasury, Secretary'of the State, eiecttd. and Surveyor-General, shall be elected by the joint bal- lot of both Houses, in the House of lieprescntntives. The Coniuiissioners of the Treasury, Secretary of the ^f^' State, and Survc3'orGeneral, shall hold their offices for four yearsj but shall not be eligible again for four^ears after the expiration of the time for which they shall have been elected. Limitation me com- luissione. Section 2. All other officers shall be appointed aa <^">er om- * * cprs linw aj>- thcy hitherto have been, until otherwise directed by law: pointe* ■' . ' ... •' ' S\) lilTnot but a Sheriff shall not be again eligible for four years '"'-(•'ieii'irt ' forlilur joara after the term for which he shall have been elected. 'inuiisrionB. Sectio.v 3. All commissions shall be in the name style of and by the authority of the State of ouuth Carolina, and be sealed with the seal of the State, and be signed by the Governor. 816 CONSTITUTION. ARTICLE VII. i«wg to All laws of force in this State, at the passing of this coi.tinue of t f o ' force u.tii Constitution, shall so continue, until altered or repealed altered. . ' '^ . hy the Legislature, except where tlicy are temporary, m which case tliey sh*ll expire at the 'times respectively limited for their duration, if not continued by Act of the Legislature. » • ARTICLE VIII. Free exer- SECTION I. The frcc cxcrcisc and enjoyment of re- clsft of auv , /. . 1 1 • • 1 ,.•... reii.'ious pro- ligious profcssioD and worship, witliout discrimination or preference, shall forever hereafter be allowed within Proviso, this State, to all mankind : Proviihd, that the liberty of conscience hereby declared shall not be so construed as .to excuse acts of licentiousnes,s, or justify practices in- consistent with the peace or safety of this State. Ki!rhts,Ac SECTION 2. The richts, privileges! immunities and preserved to c_ r o corporate estatcs of both civil and religious societies, and of corocr- and other ° -,..„',. bodies. ate bodies, shall remain as if the Constitution of th;s State had not been altered or amended. ARTICLE IX, Deciara- SECTION 1. All powc.r is originally vested in the tiou of rights • ■, ■,^ ,. /■-ii i- people, and all free governments arc lounaed on their authority, and are instituted for .their peace^ safety and happiness. Section 2. No freeman of this State shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed, or exiled, or in any manner de- stroyed or deprived of his life, liberty or property, but by the judgment of his peers, or by the law of the land ; nor shall any bill of attaijder, ex iy>st facto law, or law impairing the obligation of contracts, ever be passed by the Legislature of this State. _ ' ^ CONSTITUTION. 817 Section 3. The military shajl be subordinate to the civil power. Section 4. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. Section 5. The Legislature shall not grant any title of* nobility, or hereditary distinction, nor Qrea+e any office, the appointment to which shall be for any longer time than during good behavior. Section .6. The trial by jury, as lieretofore used ia this State, and the liberty of the press, shall be forever . inviolably preserved. Section 7- The rights of primogeniture shall not be reestablished, and there shall not fail to be some legis- lative provision for the equitable distribution of the estates oi intestates. ARTICLE X.' Section 1. The business of the Treasury sljall be in Treasury — hnw COQ- future conducted by two Treasurers, one of whom shaU ducted, hold his office and reside in Columbia, the other shall hold his office and reside in Charleston. Section 2.- The Secretary of State and the Surveyor AndSecro- . 1 1 . 1 tary's office. General shall hold their offices both in Columbia and Charleston. They shall reside at one place, and their deputies at the other. Section 3. The Judges shall, at such times and Times and _ placos^of places as shall be prescribed by . Act of the Legislature the meetings " *^ •' " , of .JudRes at of this State, meet and sitf for the purpose of hearing diRcreiinn of .,, , ^ legislature. ' and determining all motions which may bo made for new trials, and in arrest of judgment, and such points of law as may le submitted to them. Section 4. The Governor shall always reside, during *0"Temor •' ' ." shall reside the sitting of the JjCfrislature, at the place where their where Le-ig- Session may be held ; and at all other times where- during »«»- ... , • "iou- ever, in his opinion,- the public good may require. 1U3 818 CONSTITUTION. ARfflCLE XL tegi.«iature. branchcs of the whole Representation. . Constitu- Section 2. No part of this Constitution shall be al- tinn — how '■ , altered. tcrcd, unless a bill to alter the same shall have been read, on three several days, in the Hofase of Represen- tatives, and on three several days in the Senate, and agreed to at the second and third readings, by two- thirds of the whole Representation in each branch of the Legislature; neither shall any alteration take place until the bill so agreed to be published three months previous to a new election for Members of the House of * Representatives ;■' and if the alteration proposed by the Legislature shall be agreed to, in their first Session, by two-thirds of the whole Representation, in each branch of the Legislature, after the same shall- have been read on three several days in each House, then, and not other- wise, the same shall become a part of the Constitution. Done in Convention at Charleston, in the State of South Carolina, the eijrlith 'day of April, in the year of our Lord one thousand eignt hundred and sixty-one, and in the eighty-fifth year of the sov- ereignty of the State of South Carolina. D. F. JAMIONM, President. ' Attest: B. F. Aethur, Clerk. - . CONSTITUTION FOR THE PR0YI8I0Jf-AL GOVERJfMENT OF TUH » CONFEDERATE STATES OF AMERICA. We, the Deputies of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi and Louisiana, in- voking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this Constitution for the Provisional Government of the same ; to continue one year from the inauguration of the Presi- dent, or until a permanent Constitution or Confederation between the said States shall be put in operation, whichsoever shall first occur. ARTICLE I. SECTION I. All legislative powers herein delegated shall be vested in this Con- gress now assembled, uotil otherwise ordained. SECTION II. When vacancies happen in the representation from any State, the same shall be filled in such uiani>er as the proper authorities of the State shall direct. i SECTION III. 1. The Congress shall be the judge of the elections, returns and qualifications of its members; any number of Deputies from a majority of the States being present, ^lall constitute a q.uoruni to do business; but a smaller number may adjourn from day to day, and ix»y be author- ized to compel the attendance of absent members: upon all questions 820 PROVISIONAL COXSTITUHON. before the Congress, ench State shall be entitled to one vote, and shall be represented by any one or more of its Deputies who muy be pres-ent. 2. The Confrress may -determine the rules of its prucccdinirs, punish its members for disorderly behavior, and, with the concurrence of two- thirdsj expel a niember. 3. The Conprcris shall keep a journal of its proceedinirs, and from time to time publish the same, excepting such parts as may in their judgment rcfjuire secrecy; and the yeas and nays of the members on any queation, shall, at the desire of oiie-liltli of those present, or at the instance of any one State, be entered on the journal. . 4 , SECTION- IV. ' The members of Congress shall receive a compensation for their Bcrviccs, to be ascertained by law, and paid out of the treasury of the Confederacy. Tliey shail in all cases, except treason, felony and breach of the peace, be privileged from arrest durintr their attendance at the session of the Congress, and in going to and returning from the same; and for any speech or debate, they shall not be quesl>iuued in any other place. • ' . SECTION V. 1. Every bill which shall have passed the Congress, shall, before it become a law, be presented to tho President of the Confederacy; if he'approve, he shall sign it; but if not, he shall return it with his objections, to the Congress, who shall enter the objections at large on their journal, and proceed to reconsider it. Ify after such reconsidera- tion, two-thirds of the Congress shall agree to pass the bill, it shall become a law. But in all such cases, the vote shall be determined by yeas and nays; and the names of the persons voting for and against the bill shall be entered on the journal. If any bill .'"liall not be returned by the President nvithin ten days (Sundays exeepted) after it shall have been preseiit^ed to him, the same shall be a law, in like manner as if he had signed it, unless the, Congress, by their adjournment, pre- vent its return, in which case it shall not be a law. The Pre.>-ident may veto any appropriati.un or appropriations and approve any other ■ appropriation or appropriations in the same bill. 2, Every order, resolution or vote, intended to have the force and effect of a law, shall be presented to the President, and before tho Bame shall tftke effect, shall be approved by him, or being disapproved PROVISIONAL CONSTITUTION. 821 by him, sLall be repassed by two-thirds of the Congress, according to the rules and limitations prescribed in the case of a bill. 3. Until the inaupuration of the President, all bills, orders, rcsolu- tioqs and votes adoptcdi by the Congress shall be of full force without approval by him. SECTION VI. 1. The Congress shall have power to lay and collect taxes, duties, imposts and excises, for the revenue necessary to pay the debts and carry on the Government of the Confederacy; and all dutie.", iniposts and excises shall be uniform throughout the States of the Confederacy. And this Congress shall also exercise executive powers, until the President is inaugurated: 2. To borrow money on the crcdft of the Confederacy: 3. To regulate commerce with foreigif nations, and among the several States, and with the Indian tribes: 4. To esfabliish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the Confederacy: 5. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures: 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederacy. 7. To establish post offices and post roads : 8. To promote the progress of science and useful arts, by securin"-, for limited* times, to authors and inventors, the exclusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the Supreme Court: 10. To define and punish piracies and felonies committed on the high seas, and oifences against the law of nations : 11. To declare war, grant letters of marque and reprisal, and make rules concernfng captures on land and water: 12. To raise and support armies; but no appropriation of money to that use shall be for a longer term than two years: • 13. To provide and maintain a navy : 14. To make rules for the government and regulation of the land and naval forces: 15. To provide for calling forth the militia to execute the laws of the Confederacy, suppress insurrections, and ixpel invasions: 16. To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service 822 PROVISIONAL CONSTITUTION. of the Confederacy, reserving to the States respectively the appoint- ment of the officers, and the authority of training the militia according tcJ the discipline prescribed by Conirrcss: and 17. To make all laws which shall be nece.sisa#y and proper for carry- ing into execution the foregoinj; pov\'crs and all other powers expressly delegated by this ConstiJrution to this Provisional Government. SEOTloN VII. 1. The importation of. African negroes from any foreign country other than the slaveholding States of the United States, is hereby for- bidden ; and Congress is required to pass such laws as shall effectually prevent the same. ' - 2. 'Ihe Congress shall alSo have power to prohibit the introduction of slaves from any* State not a mciffber of this Coufcdoraey. 3. The privilege of the writ of habeas corpus shall not be suspended unless, when in cases of rebellion or invasion, the j}ublic safety may require it. - 4. No bill of attainder, or ex post fac'n law, shall be passed. 5. No preference shall be given, by any regulation of commerce or" revenue,' to the ports of one State over those of another; nor shall ves- sels bound to or from one State be obliged to enter, clear, or pay duties in another. . 6. No money shall be drawn from the treasury but in consequence of appropriations made by law ; and a regular statement Jind account of the receipts and expenditures of all public moneys shall be published from time to time. 7. Congress shall appropriate no money from the treasury unless it be asked for by the President or some one of the heads of Depart- ments, except for the purpose of paying its own expenses and contin- gencies. 8. No title of nobility shall be granted by the Confederacy; and no , person holding any office of proiit or tnast under it, shall,- without the consent of the Congress, accept of any present, emolument, office, or title of any kind -whatever, from any king, prince, or foreign State. ■ 9. Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press ; or the right of the pco])le peaceably to assem- ble, and to petition the Government for a redress of such grievances as the delegated powers of this Government may warrant it to consider and redress. * • PPtOVISIOIiAL CONSTITUTION. 82S 10. A well repulatcd militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. 11. No soldier shall, in time of pcacCj be quartered in any house without the consent of tlie owner; nor in time of war, but in a^uan- ncr to be prescribed by law. ' . 12. The right of the people to be secure in their persons, houses, "papers, and* effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized , 13. No person shall be held to- answer for a capital or otherwise in- famous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put iq jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a wit- ness against himseW; nor be deprived of life, liberty or property, with- out due process of law ; nor shall private property be taken for public use, without just compensation. , 14. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district • wherein the crime shall have been committed, which district shall have been jireviously ascertained by law, and to be informed of the nature and cause of t\ie accusation ; to be confronted with the witnesses against him ; to have compulsory process for obtaining witnesses in hia favor; and to have the assistance of counsel for his defence. 15. In suits at comftion law, where the value in controversy shall • exceed twenty dollars, the right of trial by jury shall be preserved; and no fact, tried by a jury, shall be otherwise reexamined in any Court of the Confederacy than according to the rules of the common law. 16. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishnfccnts inflicted. 17. The enumeration, in the Constitution, of certain right.'«, shall not be construed to deny or disparage others retained by the people. 18. The powers not delegated to the Confederacy by the Constitu- tion, nor prohibited by it to the States, are reserved to the States re- spectively, or to the people. 19. The judicial power of the Confederacy shall not be construed to 824 PROVISIONAL CONSTITUTION. • extend to any suit in law or equity, commenced or prosecuted against one of the Stdtes of the Confederacy, by citizens of another State, or by citizens or subjects of any foreign State. SECTION VIII. f X. No State shall enter into any treaty, alliance, or confedera- tion ; grant letters of luarque and reprisal; coin money; ciuit bills of credif; make any thing but gold and silver coin a tender iji piiynient • of debts; pass any bill of attainder, ex poiand defend the Constitution thereof." SECTION II. 1. The President shall be Commander in-Chief of the Army and Navy of the Confederacy, and of the Militia of the several States, when called into the actual service of the Confederacy; he may require the opinion in writing, of the principal officer in each of the Executive Departments, uponarry subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for of- fences against the Confederacy, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Congress, to make treaties, provided two-thirds of the Congress concur: and he shall nominate, and by and with the advice and consent of the Congress, shall appoint ambassadors, other public ministers and consuls, Judges of the Court, and all other officers of the Confederacy whose appoiutments are not herein otherwise provided for, and whicli shall be established by law. But the Congress may, by law, vest the appoint- ment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 8. The President shall have power to fill up all vacancies that m.iy happen during the recess of the Congress, by granting commissions ■which shall expire at the end of their next session. lOi 826 PROVISIONAL CONSTITUTION. SECTION III. 1. He shall, from time to time, give to the Congress information Of the state of the Confederacy, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene the Congress at such time as he shall think proper ; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed; and shall com- mission all the officers of the Confederacy. 2. The President, Vice President, and all civil officers of *he Con- federacy shall be removed from office on conviction by the Congress of treason, bribery or other high crimes and misdemeanors: a vote of two-thirds shall be necessary for such conviction. ARTICLE IIL SECTION I. 1. The judicial power of the Confederacy shall be vested in one Supreme Court, and in such inferior Courts as are herein directed, or as the Congress may from time to time ordain and establish. 2. Each State shall constitute a district, in which there shall be a court called a District Court, which, until otherwise provided by the Congress, shall have the jurisdiction vested by the laws of the United States, as far as applical le, in both the District and Circuit Courts of the United States for that State; the Judge whereof shall be appointed by the President, by and with the advice and consent of the Congress, and shall, until otherwise provided by the Congress, exercise the power and authority vested by the laws of the United States in the Judges of the District and Circuit Courts of the United States, for that State, and shall appoint the times and places at which the Courts shall be held. Appeals may be taken directly from the District Courts to the Supreme Court, under similar regulatiot^^ to those which are provided in cases of appeal to the Supreme Court of the United States, or under such other regulations as may be "^provided by the Congress. The commis- Biona of all the judges shall expire with this Provisional Government, 3. The Supreme Court shall be constituted of all the District Judges, a majority of whom shall be a quorum, and shall sit at such times and places as the Congress shall appoint. 4. The Congress shall have power to make laws for the transfer of any causes which were pending in the Courts of the United States, to the Courts of the Confederacy, and for the execution of the orders, PROVISIONAL CONSTITUTION. 827 decreesand judgments heretofore rendered by the said Courts of the United States ; and also all laws which may be requisite to protect the parties to all such suits, orders, judgments or decrees, their heirs, per- sbnal representatives or assignees. SECTION II. 1. The judicial power shall exteiid to all cases of law and equity, arising under this Constitution, the laws of the United States, and of this Confederacy, and treaties made, or which shall be made, under its authority ; to all cases affecting ambassadors, other public uiiuisters and consuls; to all cases of admiralty and' maritime jurisdiction; to controversies to which the Confederacy shall be a party ; controversies between two or more States ; between rf;itizens of different States ; be- tween citizens of the same State claiming lands under grants of differ- ent States. 2. In all cases affecting ambassadors, other public ministers and con- suls, and those in which a State shall be a party, the Supreme Court . shall have original jurisdiction. In all, the other cases before men- tioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury, and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. SECTION III. 1. Treason against this Confederacy shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. 2. The Congress shall have power to declare the punishment of trea- son ; but no attainder of' treason shall work corruption of blood or forfeiture, except durinir the life of the person attainted. ARTICLE IV. SECTION I. 1. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the - 828 PROVISIONAL CONSTITUTION. Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect of such •proof. SECTION IT. 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. 2. A person charged in any State with treason, felony or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of -the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. 3. A slave in one State, escaping to another, shall be delivered up on claim of the party to whom said slave may belong, by the executive authority of the State in which such slave shall.be found; and in case of any abduction or forcible rescue, full compensation, including .the value of the slave and all costs and expenses, shall be made to the party by the State in which such abduction or rescue shall take place. SECTION III. 1. The Confederacy shall guarantee to every State in this Union a republican form of Government, and shall protect each of them against invasion ; and, on application of the Legislature or of the Executive (when the Legislature cannot be convened), against domestic violence. * . ARTICLE V. 1. The Congress, by a vote of two-thirds, .may, at any time, alter or amend this Constitution. ARTICLE VI. 1. This Constitution, and the laws of the Confederacy which* shall be made in pursuance thereof, and all treaties made, or which shall be made, under' the authority of the Confederacy, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. 2. The Government hereby instituted shall take immediate steps for the settlement of all matters between the States forming it, and their other late confederates of the United States in relation to the public . property and public debt at the time of their withdrawal from them ; PROVISIONAL CONSTITUTION. 829 these States hereby declaring it to be their wish and earnest desire to adjust everything; pertaining to the common, property, common liability and commou obligations of that Union, upon the principles of right, justice, equity and good faith. 8. Until otherwise provided by the Congress, the City of Mont- gomery, in the State of Alabama, shall be the seat of Government. 4. The members of the Congress and all executive and judicial oflBcers of the Confederacy shall be bound by oath or affirmation to sup- port this Constitution ; but no religious test shall be required as a qualification to any office or public trust under this Confederacy. 5. The Congress shall have power to admit Other States. coin'stitution OF THE CONFEDERATE STATES OF AMERICA. We, the people of the Confederate States, each State acting in its sovereign and independent character, in order to form a permanent federal Government, establish justice, insure domestic tranquillity, and secure the blessings of liberty to ourselves and our posterity — in- voking the favor and guidance of Almighty God — do ordain and es- tablish this Constitution of the Confederate States of America. ARTICLE J. y SECTION I. 1. All legislative powers herein delegated shall be vested in a Con- gress of the Confederate States, which shall consist of a Senate and House of Representatives. SECTION II. 1. The House of Representatives shall be composed of Members chosen every second year by the people of the several States; and the electors in each State shall be citizens of the Confederate States, and have the qualifications roqui!?ite for electors of the most numerous branch of the State Legislature ; but no person of foreign birth, not a citizen of the Confederate States, sh;ill be allowed to vote for any officer, civil or political, State or federal. 2. Mo person shall be a Representative who shall not have attained the age of tweuty-6ve years, and be a citizen of the Confederate States, 832 PERMANENT CONSTITUTION. and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among the several States which may be included within this Confederacy, accord- ing to their respective numbers — which shall be determined by adding to the whole number of free persoi^s, including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all slaves. The actual enumeration shall be made within tht^e years after the first meeting of the Congress of the Confederate States, and within every subsequent term of ten years, in such manner as they Bhall, by law, direct. Tl*e number of Representatives shall not exceed one for every fifty thousand, but each State shall have, at least, one Representative ; and until such enuuieration shall b» made, the State of South Carolina shall be entitled to choose six, the State of Georgia ten, the State of Alabama nine, the State of Florida two, the State of Mississippi seven, the State of Louisiana six, and the State of Texas six. 4. When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to till- such vacancies. 5. The House of Representatives shall choose their Speaker and other officers, and shall have the sole power of impeachment; except that any judicial or other federal oflicer, resident and acting solely within the limits of any State, may be impeached by a vote of two- thirds of both branches of the Legislature thereof. SECTION III. 1. The Senate of the Confederate States shall be composed of two Senators from each State, chosen for six years by the Legislature tjiereof^ at the regular sessKin next immediately preceding the com- mencement of the term of service ; and each Senator shall have one vote. 2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally a.s maybe into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year; of the second class at the expira- tion of the fourth year ; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary PERMANENT CONSTITUTION. 833 appointments until the nest meeting of the Legislature^ which shall then fill such vacancies, 3. No person shall bell Senator who shall, not have attained the age of thirty years, and be a citizen of the Confederate States; and who shall not, when elected, be an inhabitant of the State for which he shall be chosen; 4. The Vice President of the Confederate States shall be President of the Senate ; but shall have no vote, unless they be equally divided. 5. The Senate shall choose thoir other officers ; and also a President pro tempore in the absence of the Vice President, or when he shall exercise the office of President of the Confederate States. 6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of* the Confederate States is tried, the Chief Justice shall preside ; and no person shall be convicted without the concurrence of two- thirds of the Members present. 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit und^r the Confederate ^^'tates; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment according to law. • SECTION IV. 1. The times, places and manner of holding elections for Senators and i.iepresfintatives shall be prescribed in each State by the Legisla- ture thereof, subject to the provisions of this Constitution ; but the Congress may, at any time, by law, make or alter such regulations, ex- cept as to the times and places of choosing Senators. 2. TheCongiess shall assemble at lea»t once in every year; and- such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. SECTION V. • 1, Each House shall be the judge of the elections, returns and qual- ifications of its own Members, and a 'majority of each shall constitute a quorum«to do business; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent Members, in such manner, and under such penalties, us each House may provide. • ' • 2. Each Htruse may determine the rules of its proceedings, punish 105 834 PERMANENT CONSTITUTION. . its Members for disorderly behavior, and, with the concurrenee of two-thirds of the whole nuinbor, expel a Member. 3. Each House shall keep a journal of ifl proceedinpjs, and, from time to time publish the same, excepting such parts as may in their judgment require secrecy; and the yeasi and nays of the Members of eithei" House, on any question, sliall, at the desire of one-fifth of those present^ be entered on the journal. 4. Neither House, durini; the session of Con£>ress, shall, without the ■ consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. ^ECTIOfi VI. 1. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the Confederate States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, iand in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any-other place. 2. No Senator or Representative shall, during the time for which he was elected, b^ appointed to any civil office under the authority of the Confederate States, which shall have been created, or the emolu- m^ts whereof shall have been increased during such time; and no person holding any office under the Confederate States shall be a I^Iem- ber of either House durj,pg his continuance in office. But Congress may, by law, grant to the principal officer in each of the Executive Departments a seat upon the floorlof either House, with the privilege of discussing any measure appertaining to his department. SECTION VII. ■ 1. All bills ior raising I'evenue shall originate in the House of Representatives; but the Senate may propose or concur with amend- ments as on oth-er bills. 2. Every bill, which shall have passed both Houses, shall, before it becomes a law, be presented to the President of the Confederate States; if he approve, he shall sign it; but if not, he shall return it, with his objections, to that House in which it shall have originated, who shall enter the objections at large on their Journal, and proceed to reconsider it. If, after such reconsideration, twotliirds of that House PERMANENT CONSTITUTION. 835 shall agree to pass, the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by tWo-thirds of that House, it shall become a law. But, in all such cases, the votes of both Houses shall be determined by yeas ' and nays, and the names of the persons voting for and against the bill sharll be entered on the journal of each House respectively. If any bill slmll not be returned by the President within ten days (Sundays ex- cepted) after it shall have been presented to- him, the same shall be a law, in like manner as if he had signed it, unless the Conj^rcss, by their adjournment, prevent its return, in which case it shall not bo a law. The President may approve any appropriation and disapprove any other appropriation in the same bill. In such case he shall, in signing the bill, designate the appropriations drsapproved; and shall return a copy of such appropriations, with his objections, to the House in which the bill shall have originated; aud the same proceedings shall then be had as in case of other bills disapproved by the President. * 3. Every order, resolution or vote, to jvhich the concurrence of both Houses may be necessary (except on a question of adjournment), shall be presented to the, President of the Confederate States; and before the same shall take effect, shall be approved by him; or being disapproved by him, shall be repassed by two-thit-ds of both Houses, according to the rules and limitations prescribed in case of a bill. SECTION VIII. The Congress shall have power — . 1. To lay and Collect taxes, duties, imposts and excises, for revenue necessary to pay the debts, provide for the common defence, and to carry on the Government of the Confederate States; but no bounties shall be granted from the treasury; nor shall any duties or taxes on im- portations from foreign nations be laid to promote or faster any branch of industry; and all duties^ iuiposts and excises shall be uniform throughout the Confederate States: 2. To borrow money on the credit of the Confederate States: , 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; but neither this, nor any other clause contained in the Constitution, shall ever be construed to dele- gate the power to Congress to appropriate money for any internal im- provement intended to facilitate commerce, except for the purpose of furnishing lights, beacons and buoys, and other aids to navigation upon the coasts, and the improvement of harbors, and the removing of ob- 836 PERMANENT CONSTITUTION. structions in river navigation, in all which cases, 'such duties shall be laid on the navigation facilitated thereby, as may be ''necessary to pay the Costs and expenses thereof : 4. To establish uniform laws of naturalization, and uniform laws on the subject of bankruptcies, throughout the Confederated States; but no law of Congress shall discharge any debt contracted before the pas- sage of thf same : 5. To coin money, regulate the value thereof and of foreign coin, ' and fix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the Confederate States : . 7. To establish post offices and post routes; bat the expenses of the Post Office. Department, after the first day of March, in the year of our Lord eighteen hundred and sixty-three, shall be paid out of its own revenues : 8. To'promote the progress of science and useful arts, by securing, foi' limited times, to authors and inventors the exclusive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the Supreme Court^ 10. To define and punish piracies and felonies committed on the high seas, and ofienf es against the law of nations : 11. To declare' war, grant letters of marque and reprisal, and make rules concerning captures on laud and water: 12. To raise and support^rmies ; but no appropriation of money to that use shall be for a longer term than two "years : - • 13. To provide and maintain a navy : 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the militia *to execute the 'laws of the Confederate States, suppress insurrections and repel invasions: 16. To provide for organizing, arming and disciplining the militia, and for governing such part of tbcni as may be employed in the service of the Confederate States ; reserving to the States, respectively, .the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress: 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of one or more States and the acceptance of Congress, become the seat of the Government of the Confederate States; and to exercise lilfb authority over all places purchased by the consentof the Legi^atiire PERMANENT CONSTITUTION. 837 of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildinjrs : and* ^18. To, make all laws which, shall be necessary and proper for carry- ing 'into execution the foregoing powers, and all other powers vested by this Constitution in the Government of the Confederate States, or iu any department or officer thereof • » SECTION IX. 1. The importation of negroes of the African race, from any foreiirn country, other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress isi required to pass such laws as shall effectually prevent the same. ^2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not bclou^inf to this Confederacy. 3. The privilege of the writ of habeas rorj^n* shall not be suspended, unless when in cases of rebellion , or invasion the public safety may require it. .4. No bill of attainder, ex ^'^of^t facto law, or law denying or impair- ing the right' of property in negro slaves, shall be passed. 5. No capitation or other direct tax shall be laid, iinless in proportion to the census or enumeration hereinbefore directed to be taken. 6. No tax or duty shall be laid on articles exported from any State," excjjpt by a vote of two-thirds of both Houses. 7. No preference shall be given by any regulation of commerce or revenue to the ports of ofte Slate over those of another. 8. No money shall be drawn from the Treasury, but in* consequence- of appropriations made by law; and a regular statement and account of . receipts and expenditures of all public money shall .be published from time to time. ^ 9. Congress shell appropriate" no money from the Treasury except br a vote of two-thirds of both Houses, taken by yeas and miys, unless it ■ be asked and estimated, for by some one of the heads of department, and submitted to Congress by the President; or for the purpose of pav- ing its own expenses and contingencies; or for the payment of claims- against the Confederate States, the justice of which shall feave been judicially declared by a tribunal for the irnc^tigation of claims against the Goverument, which it is hereby made the duty of Congress to es- tablish. 10. All bills appropriating money shall specify, in federal currehcy, 838 PERMANENT CONSTITUTION. the exact amount of each appropriation, and the purposes for which it * is made ; and Congress shall'grant no extra compensation to any pub- lic contractor, officer, agent, or servant, after such contract shall haye been made or such service rendered. 11. No title of nobility shall be granted by the Confederate States; •and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, enioluraeibt, office or title, of any kind whatever, from any king, prince, or foreign State. 12. Congress shall make no law respecting an establishment of re- ligion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to • assemble and petition the Government for a redress of grievances. ^ 13. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be ia- fringed. 14. No soldier shall, in time of peace, be quartered, in any house without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. 15. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue but upon probable cause, sup- ported by oath or affiraiation, and particularly describiog the place to be searched and the persons or things to be seized. , 16. No person shall be held to answer for a capital or otherwise in- famous crime, unless on a presentment or ini^ctnient of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in tiuie of war or public danger ; nor shall any person be subject, foi' the same offence, to be twice put in jeopardy of life or limb; nor be compelled, in any criminal ci\se, to be a witness against himself; nor be deprived of life, liberty or property, witiiout due process of law; nor shall private property be taken for public use, without just compensation. 17. In- all criminal prosecutions, the accused shall enjoy the right to a speedy aud public trial, by an impariial jury of Ihe State and District wherein the crime shall have been coiiimitted, whicli District shall have . been previously ascertained by law, and to be informed of the nature and cause of the" accusation ; to be confronted with the witnesses ao-ainst him; to have compulsory process for obtaining, witnesses.in- his favor; and to have the assistance of counsel for his defence. PERMANENT CONSTITUTION. '839 18. In suits at coinuion law, where tlie value in controVersy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact so tried by a jury shall be otherwise reexaujined in any court of the Confederacy than according to the rules of tbte comiuoa law. 19. Excessive bail shall not be required, nor excessive fines imposed, . nor cruel and lunisual punishments inflicted. 20. Every 'law or lesulution havinc; the fcyce of law, shall relate to but one subject, and that shall he expressed in the title. SECTION' X. 1. No State shall enter into any treaty, alliance, or confederation; grant letters of nvar(|ue and reprisal; ci)in money; make Anything but gold and silver coin a tender in payment of debts ; pass any bill of at- tainder, or ex pod facto law, or law impairing the obligation of con- tracts*; or grant any title of no"bility. , 2. No State shall, without the consent of the Congress", lay any imposts or duties en imports or exports, except what may be^bsolutely necessary for executing its inspection laws; and, the net produce of all duties and imposts, laid by any S,tate on imports or exports, shall be for the use of the Treasury of the Confederate States; and all such laws shall be subject to the revision and control of Congyess. 3. No State shall, without the consent of Congress, lay any duty on tonnage, except on sea-going vessls, for the iniprovement of its rivers and harbors navigated by the said vessels ; but such duties shall not conflict with any treaties of the Confederate States with foieigu nations; and any surplus revenue, thus derived, ehall, after making such improvement, be paid into the common treasury; nor shall any State keep troops or ships-of-war in . time of peace, enter into any agreement or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay. But when any riv.er divides or flows through two or myn; States, they may enter into compacts with each other to improve the navigation thereof. ARTICLE 11, 6ECTI0^' 1. 1. The executive power shall be vested' in a President of the Con- federate States of America. He and the Vic6 President shall hold 840 PERMANENT CONSTITUTION. . their office? for the term of sis years ; biit the President shall not be recligible. The President and Vice President shall be elected as follows : 2. Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives fo which the State u)ay be entitled in the Con- gress; but no Senator or Representative, or person hQlding an office of trust or jft-ofit under the^ Confederate States, shall be appointed an elector. 3. The electors shall meet in their respective States and vote by bal- lot for President and Vice President, one of whom, at least, shall not bean inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for>as President, and of all persons voted for as Vice President, and of the number of votes for each, which list they shall sign and certify, and transmit, sealed, to the scat of the Governmcct of the Confederate States, directed to the President of the Senate. The President of -the Senate shall, in the presence ^f the Senate and House of Representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no such person have tjuch majority, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choso immediately, by ballot, the President. IJut iii choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this pur- pose shall consist of a member or members' from two-thirds of the States, and a majority of all the States shall be necessary to .a choice. And -if the House of Representatives shall not choose a. President, ■whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President s^l act as President, as in case of the death, or other constitutional disability of the President. 4. The person having the greatest number of votes as Vice Presi- dent shtiU be the Vice President, if such number be a majority of the ■whole number of electors appointed; and, if no person have a majority, then, from the two highest numbere on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two- PERMxVNEjp: G.OXSTITUTIOJ^. . ,841 thirds of the whble number of Senators, and a majority of tj^e whole n.umber shall be necessary to a choice. 5 But'no person constitutionally ineligible to»the oflSce of t*resident shall be eligible to that of Vice' President of the Confederate States.^ 6. The Congress may determine the tioie of choosing the dcctoj^, and the day ou which they shall give their votes; which day shall be the same throughout the'Cgnfederate States. « 7. No person, except a natural born citizen of tlKe Confederate Stajtek or a citizen thereof, at the time of the adoption of this Constitutioh. oi a citizen thereof born in the United States prior to the 20tli of Decem- ber, 18G0, shall be eligible to tlie office of 'President; neither shall any person be eligible to thjit office who shall not have attained the age, of thirty-five years, and bedu fourteen years a resident within the limits of the Confederate States as they may exist at the .time of Inflection. 8. In case of the removal of the President from office, oM of his death, resignation, or iuabilit}^ to discharge the powers and dmties of the said office, the same shall devolve on the .Vice President; and the Congress may, by law, provideA^}^he case of removal, death, resigna- tion, or inability both- of the £|fesideut and Vice President, declaring what officer shall theft act as President, and such officer shall act ac- cordingly until the disability be removed, or a President shall bo elected. • 9. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected ; and he shall not re- ceive within that period any otlier cmolumeit from the Confederate States, or of any of them. 10. Before he enters on the 3. The trial of all crinies, excfl^t in cases of impeachment;<"8hall be by jury, and.such trial shall be held in the State where the saijl crimes shall have been Committed; but when not Committed within any ill be at such place or places aa the Conoroia n,., Taw have directed. ~. — ,„.,™.v>-v..,, „„u «iii;u uui, uummutea within any Statet, the trial shall be at such place or places aa the Congrefs may by SECTION III. 1. Treason against the Confederate States shall consist only in levy, iiig war against them, or in adhering to their enemies, givinMthem aid aud comfort. No person shall be convicted of treason uAs on the testimony of two witousscs to the same overt act, or on cession ir, open Court. 2. The CoD-iciis shall have power to declare the puuishment of trca- S ) 844 PERMANENT C(5!lS'STITUTI0N i son, but no 'attainder of treason fliall work corruption of blood, or for- feiture, except during the life of the person attainted. * ARTICLE lY SECTION I. -1. Full faith and credit shall be given in each State to the public Acts, records and judicial proceedin ate x>T ing or TerritorjjjOf the Confederate States, under the laws thereof, escap lawfullyibrried into another, shall, in consequence of any law oi' regu- lation t^liOTein, be discharged from such service or labor; but shall be deliverMup on claim of the party to whom such slave belongs, or to whom e^h service or labor may be dyie. , ' • . ^ SECTION HI. 1. Other States may be admitted into this Confederacy by a vote of two-thirds of the whole House of Representatives, and two-thirds of the Senate, the Seftate ;*'0ting by States; but no ncj^ State shall b^ formed or erected within the jurisdiction Cf any other State; nor any State be fornicd by the junction of two or more States, or parts of States, wkhout the consent of the Legislatures of the States concerned, as well aBjof the Congress. 2. The Congress shall have power to dispose of and make all need- ful rules and regulations concerning the property of the Confederate States, iacluding the lands thereof. . PERMANENT CONSTITUTION. 845 8 The Confederate States may acquire new territoij; and Con-ress ^ Bhall have power to legislate and frovide governments for the inhabi- tants of all territory belongino: to the Confederate States, lyin- with- out the limits of the several States; and may permit them, Tt sueh times and in sueh manner as it may by law provide, to form* States to be admitted into the Confederacy. In all such territory, the in.stiiu- tion of negro slavery, as it now exists in thp Confederate States, shall be recognized and protected by CongPess, and by the territorial Gov- ernment ; and the inhabitants of the several Confederate States and Terntones shall have the right to t,ke to sueh territory anyslaves lawfully held by them in any of the States or Territories of the Con. federate States. ' . ^ 4. The Corffederate States shall guarantee to every State that now IS, or hereafter may become, a member of this Confederacy, a republi- .can form ot government, and shall protect each of them acribe the time for holding the first election of Members of Cou- • gross under the Constitution, and at the time for assembling the same. Until the assembling of such Congress, the Congress under the Pro- visronal Constitution shall coQtinue to exercise the legislative powers granted them — not extending beyond the time limited by the Constitu- tion of the Provisional Government. *ti^ ALPHABETICAL LIST OF THE MEMBERS OF THE CONTENTION, WITH THIir. POST OFFICES AM ELECTION DISTRICTS. NAME, DISTRICT. POST OFFICE. D. F. JAMISON, 7V«s'<....Barnwcll , Midway. - *Adams, James 11 Riililand Gadsdeu. Allison, R. T York. ..?....'. Meck's Hill. •^^■pji'LEBY, D. G /...St. George's, Dorchester Branchville. Atkinson, S. T "Winyaw f..' Geofirctown, ■fAYER, L. 2>I V Baruwell Buford's Bridge. Barnwell, 11. W St. Helena Beaufort. Barron, A. I '..York Yorkville. Bauton, D. R.. Orunge Branchville. Beaty, T. W. ...'.: Dorry A Couwayboro'. Bellingkr. E. si. r St. Bartholomew's WaUerboro'. Beihea, a. W Marion Reody Creek. BoBO, S Spartanburg Spartanburg C. H. Bonneau, p. V ...Cliri.^t Church...' IladdreH's. Brabham, J. J Barnwell Buford'.'* Brtdge. Brown, A. II St. Andrew's Charle.ston. Brow^, C. r St. James', Gooso Creek Charleston. * Buchanan, J Fail field Winnsboro'. Burnet,* A. W St. Philip's and St. Michael's.. .Charleston. Cain, W * St. John's, Berkeley Black Oak. Caldwell, Joseph iScwbcrry... , Mount Bethel, * DeceaMd. t Retlgvd. * y -. W^"^ W', 848 LIST OF MEMBERS. * NAME. . DISTRICT. ' POST OFFICE. Calhoun, Jmin A Abbeville.....' Abbeville C. H. Campbelit, William H... .Greenville Greenville C. H. Carlisle, James H Spartanburg ..Spartanburg C H. *Carn, M. E St. Bartholomew's Walterboro'. Carroll, J. P Kdgcfield : Aiken. Caugiiman, H. I Lexington Lexington C. i\ Cautiien, W. C Lanca.ster .- Hanging Hock. Charles, E. "W......... Darlington Darlington C. H. Chesnut, James, Jr Kershaw.. Camden. Gheves, Langdon St. Peter's Savannah,* Ga. Clarke, E. M : St. Andrew's Cha»lcston. ♦Conner, II. W St. Philip'sand St. Michael's. ..Charleston. Crawford, 11. L Lancaster Lancaster C. H. Curtis, William Spartanburg ^...Limestoue .Springs. Darby, A. T St. Matthew's •.. Fort Motte. *Daroan, J. A.... Darlington Darlington C II. Davant, R. J St. Luke's Gillisonville. Davis, H.'CJ Fairfield llidgeway. DeSaussure, W. F Richland .'. Columbia. DeTreville, R St. Philip's and St. Michaers...Charleston. DoziER, A. W.. Williamsburg Johnson vrlle. Duncan; Perry E Greenville Greenville C H. DUNKIN, B. F ..Winyaw Charleston. Dunovant, a. Q Chester Chcsterville. DuNOVANT, R. G. M Edgefield..*.-. Edgefield C. H. V' DuPre, D St. James', Sautec.... .South Saiitee Ferry. Easley, tV. K ...f.Greenville Greenville C. IT. Ellis, W. J Horry Gonwayboro'. English, T, R Sumter Mayesvillc. Evans, C. D ....JMarion Marion C. 11. Fair, Simeon Newberry Newberry C. IT. Finley, W. p.. Barnwell Aiken. Flud, Daniel' St. George's, Dorchester Sumnierville. Forster, a, M Winyaw Georgetown. Foster, B. B ...Spartanburg Glenn^ Springs. Frampton, J. E Prince William's , Pocotaligo. - Furman, J. C Greenville... , Greenville C. H. * Daceased. LIST OF MEMBERS. 849 NAME. DISTRICT. . POST OFFICE. ♦Gadberry, James M Union Union C. II. Garlington, H. W Ilaurens .'..... Laurens C. H. Geiger, J. C Lexington Sandy Rtin.* Gist, William H Union Union C. H. Glover, T. W Orange , Orangeburg. • Goodwin, E. W Marlboro' Brightsville. GOURDIN, R. N St. Philip's and St. Michael's.. ^Charleston. GouRDiN, T. L St. Stephen's Pineville - Green, H. D Sumter Mechanicsville. Gregg, Maxcy ^ Richland : Columbi.a. Gregg, William Edgefield ■ Aiken. Grisham, W. S Pickens Walhalla. Hammond, A. J .'..Edgefield Hamburg. IIanckel, T. M .....St. Philip's and St. 'Michaers...Charleston. IIaellee, W. W ....Marion Mars' Bluff. Harrison, James ..Greenville Cedar Falls. Hayne, I. W St. Philip^ and St., Michael's... Charleston. Henderson, E. R St. Bartholomew's ..Blue House. -^Honour, J. H St. Philip's and St. Michael's. ..Charleston. HoPtiNS, William Richland , Hopkins' T. O. Hunter, William .Pickens Wolf Creek. HuTSON, W. F .....Prince William's Pocotaligo. In'glis, John A Chesterfield.....^. Cheraw. Ingram, J. J Clarendon Mannini;, Jackson, S Chesterfield Mount Crogan. Jefferies, James Union t.Gowdeysville. • Jenkins, John St. John's, Colleton Edisto Island. Jei^kins, J. E St. Paul's Adams' Run. Johnson, W. D Marlboro' - Bennett.«ville. Keitt, L. M Orange....' Orangeburg. Kershaw, J. B ,.. Kershaw .' .Camden, Kilgore, B. F ...Spartanburg , Laurensville. Kinard, J. P Newberry..... Newberry C. H. Kinsler, J. H llichlimd • Columbia. -^ANDRUM, J. G Spartanburg Spartanburg C. H. Lawton, B. W Barnwell Allendale. Lewis, A. F Pickens. .^ Pendleton. 107 • 850 LIST OF MEMBERS. NAME. »ISTRTOT. POST OFFICE. LooAN, R. C Williamsburjr Kingstree. *Lyles, W. S Fairfield Strother. McCrady, Edward St. Philip'sand St Michael's.... Charleston. McI VER, Henry Chesterfield Chera w. McKee, John.... Chester.... Chester C. II. McLeod, a Marlboro'.., Bennettsville. f Magrath, A. G St. Philip's and St. Michael's.. .Charleston. Manigault, Gr St. Philip's and St. Michael's.. .Charleston. Manning, John L Clarendon Fulton. ' Mauldin, B. F Anderson Williamston. Maxwell, John .....Pickens Pendleton. Mayes, M. P Sumter , Mayesville. Mazyck, Alexander St. .James', Santee Charleston. *Means, John H Fairfield Bucklieaa. Memminger, C. G St. Philip's and St. Michael's.. .Charleston, Middleton, John Izard. ..All Saints , .Georgetown. MiDDLETON, W St. Philip's and St. Michael's. ..Charleston. Miles, W. P St. Philip's and St. Michael's.. .Charleston. Moore, Thomas W Chester Smith's T. 0. Moorman, Il.» Newberry •. Maybtnton. Noble, Edward Abbeville ...Abbeville C H. Nowell, .J. L St. 'Thomas' and St. Dennis'. ...Charleston. O'Hear, J^ S St. Thomas' and St. Dennis'. ...Charleston. Orr, .Tames L .....Anderson Anderson C. H. Palmer, J. S ...St. Stephen's Echaw. Parker, F. S? Winyaw Georgetown. Perrin, Thomas C Abbeville Abbeville C. 11. Pope, J. D '. St. Helena Beaufort. Porcher, F. J .-St Philip's and~St. Michael'.s... Charleston. Pressley, J. G....' Williamsburg.. '....Kingstree. Quattlebaum, Paul Lexington Lightwoud Creek.* Hainey, Samuel .....York : Guthriesville. Heed, J. P Ajidcrson Anderson C. H. PtHETT, K. B St. Philip*s and St. Michael's. ..Charleston. Rhodes, George St. Peter's Lawtonville. Richardson, F. D St. Philip'sand St. Michael's.. .Charleston. Richardson, J. P .Clarendon Fulton. •Decwised. 'fileslgned. LIST OF MEMBERS. 851 NAME. nSTRICT. POST OFFICE. \/jRoBiNSON, D. P Lancaster Craigville. EowELL, W. B Marion Marion C. H. BuTLEDGE, B. II St. Philip s and St. Michael's.. .Cliarleston. , Scott, E. B St. Paul's '. Sumraervillc. Seabrook, E. M.....; St. Luke's Bluffton. Seabrook, G. W., Sr St. John's, Colleton Charleston. Sessions, B. E .AH Saints Conwayboro'. SniNGr>ER, J. M St. James', Goose Creek Holly Hill. Shingler, W. P Christ Church Charleston. Simons, T. Y., Jr '....St. Philip's and St. Michael's. .Charleston. Simpson, R. F Anderson Pendk-ton. Sims J. S '. Union Pacolet Mills. Smith,. J. J. P St. Philip's and St. Michael's... Charleston. Smyly, J. C Edgefield Lott's. Snowden, p. G St. John's, Berkeley Black Oak. Spain, A. C Suuiter.... Sumter C II. Spratt, L. W ..St. Philip's and St. Michael's.. .Charleston. Springs, A. B York,,! Fort Mill. Stokes, P St. Bartholomew's Branch ville. Thompson, Roberta Pickens Pickens C. II. Thomson, Thomas Abbeville ..Abbeville C. H.^ Timmons, J. M Darlington Timmonsville. "Tompkins, James Edgefield Park's Store. Townsend, John St. Philip's and St. Michael'srEdisto Island Wagner, T. D...' St. Philip's and St, Michael's. ..Charleston. *^AVannamaker, John J. ...St. Matthew's St. Matthew's. Wardlaw, D. L. Abbeville Abbeville C H. *Wardlaw, F. H Edgefield Edgefield C. H. *Watts, W. t) Laurens Laurens C. 11. Whitner, J. N. Anderson Anderson C. H. , "NViER, Thomas, Sr Laurens Clinton. Williams, J. 1) ' Laurens Spring Grove. Wilson, I. I). Darlington Society Hill. Wilson, J. II Abbeville Abbeville C U. Wilson, W. B York Yorkville. fWiTHERS, T. J..... ..Kershaw Camden. , Woods, Richard ». Chester..* , Carmel Hill. • 852 LIST OF iM EMBERS. NAMES. DISTRICT. POST OFFICE. YoUNQ, Henuy C Laurens Laurens C. H. B. F. Artuur, Clerk Union Union C. H. James Conner St. Philip's and St. Michael's.. .Charleston. Elected in the place of II. W. Coxneii, deceased. TuoMAS iJMiTn Darlington Society Hill. Elected in the pluce of J. A. Daboa.v, decttased. JouN S. Preston Richland Columbia. Elected in the place of Jas. H. Adams, deceased. George Boswill Edgefield Ivj Island. - Elected in the place of F. H. Warslaw, deceased. C. P. SuLLtVAN Laurens ..'. Laurens G. H. Elected in the place of W. D. Watts, deceased. Reuben Stephens • t. Bartholomew's Buckhead Causey. , Elected in the place of M. £. C.vrx, deceased. W. R. Taylor Kershaw Camden.* Elected in the place of T. 3. AVitoebs, resigned. ■\7. J. AlstO-V T Fairfield Alstoq, Elected in the place of W. S. Ltles, deceased. W. R. Robertson Fairfield Winnsboro'. Elected in the place of John Buchanan, deceased John Phillips St. Philip's and St. Michaers...Charleston. Elected iu the place of A. Q. Maorsatu, resigned. INDEX. • A. Adams, James H , elected Commissioner to Washington 59 resolutions on death of. 309 Address to People of Slaveholdiug States 21, 51, 74, 75, 82, 88, 156, .4 G7 Adjutant and Inspector General, report of 560 Admiralty and Maritime jurisdiction, Ordioartcc in relation to 74 (See Ordinance coucerniug Judicial Powers.) Airaar, Thomas, account of 157, 503 Alabama, Commissioner from (see Joha A. Elmore). Aliens, resolution making liable to military duty 315, 330 Applicants for office, resolution requesting Governor and Council to furnish names of. , 408, 414, 452 Arms, resolutions for collection of. 315, 316, 340 transfer of tp Confederate States .'....242, 266, 537 Arthur, 13. F., appointed Cl^k of Convention 11 Assistaht Clerk, resolution for appointment of. 23 Attorney General authorized to engross Ordinance of Secession 45 report of 48 B. Bachman, Rev. Dr., prayer at signing Ordinance of Secession 48 Baptist Congregation of Columbia, thanks of Convention returned to. ..14 Barnwell, J. L., account of 178, 252, 549 Barnwell, R. W., elected Cotnmissioncr to Washington 56 Baruc, J}. S., paid for engrossing Constitution 279 Beaty, Thomas W., comuiuni cation from ,324 # 854 INDEX. Beauregard, Gen. G. T-, communications froui 199, 294 invited to •seat on floor of Convention 206 Bonham, M. L., elected Commist-ioner to ^Mississippi lo3 excused from serving 154 Brady, P., account of 178, 252, 54* Brady, S., account of '284, 2S8 Buchanan, John, resolutions on death of 403 Burke, A. J., account ^ ...150, 171, 504 Burt, Armiiftead, elected Commissioner to Mississippi T.loS invited to seat on floor of Conveutiou 177 communication from 18G c. Cabinet, resolution for appointment oT 109 Calhoun, A. P., elected Commissioner to Alabama 153 invited to seat on floor of Convention '. 177 communication from 233 Cam, M. E , communication from '. 312 resolutions on death of. 409 Carolina Art Association, invitation to visit 225 Charleston, resolution for closnus; places of business in 316 removal of non-combatants from. ...370, 383, 386, 388, 580 Charleston Club, hospitalities of, tendered to Convention 200 Charleston Delegation, to procure buildiup; for meeting 10, 21 accounts contracted by 123, 15-7 ty> take charge of certain articles 171 Chesuut, James, Jr., elected member of PJ^ecutive Council 376 oath of office administered to 383 Citizens of South Carolina, certain persons declared... 91 of United States, resolution authorizing to dis- pose of pVoperty 161 Cobb, Hon. Howell, invited to seat on floor of Convention 10 Collector of Charleston, communication from 120 Collectors, authorized to receive payment of duties in bills of Banks of this State 121, 122, 387 Commissioners to Sluvcliuldiug States, resolutions for. ..31, 93, 127, 482 election of 150, 153, 154, 156, 157, 158 commissions to be issued to.^.. ^....151 President i6 appoint, certain 158, 162 • INDEX. S55 Commissioners to WashiogtolJ, resolutions providing for 32, 53 eleotidn of. 5''^> ^6, 50 authorized to appoint a Secretary 02 to receive per dieai and mileage 63 commissions for J *■ "3 despatches from 115,122,134,137,162^ report of ...:., l'-" resolutions concerning ^ i73 requested to prepare statement 177 correspondence between I'resident of U. S. and 484 Commissions for removal of negroes, &c 340, 348, 355, 303, 394 reports of 414, US, 425, 429, 451, 743 Committees, Delegates added to 74, 214, 320, 340, 355, 414, 450 COMMITTEES, SPECIAL. « To conduct the President elect to the chair 9 To wait on Commissioners from Alabama^and Mississippi 10 To wait on Hon. Howell Cobb!..'. 1" To procure a ilace of meeting in Charleston I" To prepare an address to the people of the Southern States 21 To procuv-e another Hall fdV the ftceting of the Convention... 2 1 r\ ■ .• ' '^'^ 2Q On printing — '^ '•^ On the property of the U. S. in South Carolina 22 To draft au Ordinance of Secession ^ 23 To make arrangements for convenient access to the Hall 28 To wait on the Governor to ascertain if he had any com- munication to make in Secret Session 53. 54 To in«fuire how much of tlie legislation of Congress would be abrogated by the secession of the State .61 To wa'it on the Governor, and jnvite him to attend the Secret Sessions '• ^ To transmit a communication to the Governor lOo To call the Convention together in a certain con- tingency...... 168, 287, 380 To prepare designs for an ensign for,the State 158 To report measures necessary for protection of parties to cases in Court -'""^ To visit the Governor and Commander of the Forces, and invite them to make any communication..... 292 856 INDEX. C0M3IITTEES, SPECIAL. ■• To report a scheme of action in relation to slaves in pos- pession of the eneoDy (Com. No. 1) 306, 313 To report upon the action of the State in reference to un- tenable territory (Com. No. 2) 306, 313 To report a plan by which the State can aid the Confederate authorities in expelling invaders (Com. No. 3). ...307, 313 To report a plan for building or procuring war vessels (Com. No. 4) .....'....30?, 314 To report a plan for strengthening the Executive Deport- ment (Com. No. 5) : o07, 314 To wait on memberg elected to Executive, Council 382 To inform the Governor of assembling of the Convention..... '..402 On communication from the Governor and accompanying documents '..: 402 On the repeal of the Ordinance for strengthening the Ex- ecutive Department ..; 407 '» . COMMITTEES, STANDING. • Resolution for appointment of 21, 2f) On Printing ••. .'. 29, 340 On Relations with the Slaveholding States of North America. ...40 On Foreign Relatious 40 On Commercial Relations and Postal Arracgements 41, 214 On the Constitution ofthe State 41, 71, 214, 450 On Accounts 73, 82, 319, 320 Engrossing Committee , 73 On^he Military 22?, 314, 320 Comptroller General, resolution for abolishing office of... 327, 329, S57 Confederate Congress, resolution concerning vacancies in. .....209, 290 Confederate Loan, resolution authorizing subscription to 540 (?bnner, H, W., resolutions on death of. 189 Davis, D. AV., appointed iMcssengor .* 1,^3 Declaration of Causes justifying Secession 31, 39, 50, 75, bS, 401 Copies to be sent to-other States S2 Defence of Coast, resolution concerning , : 307 Dcfeoce of State, request for additional troops for: 357, 375 , Officers authorized to compel persons to take 'v up arms for 310,340 Delegates attended, signed the roll and took their seats 5, 11, 20, 113, 190, 203,300,333,401 added to Committees 74, 214, 320, 340, 355, 414, 450 • ^ leave granted to change votes a. .265 ,. leave granted to record votes 21, 28, 95, 243, 252, 265, 268, 269, 365, 373 leave of absence granted to. ....52, 55, 56, 78, 80, 91, 114 118, 128, 143, 151, 153, 161, 163, 174, 17^, 212, 228 229, 241, 251, 265, 268,^0, 273, 274, 284, 288, 292 293, 306, 312, 319, 324, 825, 326, 331, 333, 337, 3;i9 346, 350, 361, 376,-378, 40l, 408,411, 414, 417, 421 429, 431 DeLorme, C. II., appointed Messenger.'. 305 Deputies to Conveniian of Slaveholding States 132, 143, 163, 483 balloting for 171, 172, 173 'Dickinson, Hon. Henry, invited to seat on floor of Convention 14 DoDatioQS to i^tatC; resolution of thanks for 282 ^ • INDEX. 859 Duties oa Itnportg, resolutions in relation 'to 4G, 47, 58, 68, €5, 87, 90, 98, 100, 131, 249, 253, 257, 260, 358, 378, 579 Elmore, John A., Comn)issioncr from Alabama, invited to scakon floor of Convention 10 • address by H invited to aeconipany Convention to Charleston ...14 erqdentials of 14, 17 coiiiuiunication from 20 Engrossing Committee authorized to employ clerks 82 Enlisted Troops, transfer of, to Confederate Government 221, 222, 242,200,510,535,537 Ensign of South Carolina, Committee appointed to prepare 158 Exceutivc Council, resolutions providing for 109, 308, 343, 348, 353, 302, 305, 309 non)ination of, by Governor..* 130, 511 • . confirmation of 137, 243 balloting for .• 375, 370, 379 oath aduiiiiistcred to .,383 journals of, to be open to public inspection. .427, 452 Executive Department, Ordinance to alter Constitution in relation to 77, 92, 1G8, 110, 243, 251, 279, 758 resolution for strengthening 307 Ordinance for strengthening 325, 337, 340, • 342, 348, 353, 355, 350, 3)2, 426, 793, 79 S Expulsion of invading enemy, resolutions concerning 307 F. Factories, exemption of overseers in 350, 301, 3S0 Federal Government, Ordinances in relation to ofllicers of 57, 87 resulution in relation to powers delegated to.... 62 (See Ordinance on this subject.) First Iiogimcnt S. C. Vuluiilccr.'*, re.'^olution for tendering to Confederate Stales ..242, 200, 270, 511, 538 Forbter, Alex. M., 'communication from ,4ll 860 INDEX. '• r Fort Sumter, resolution for restoring possession of, to the State.,.;. .65 demanding delivery of 65 in relation to garrisoning of 66 asking information from Governor in relation to 90 authorizing Governor to make pre- paration for recapture or destruction of. . .1 07 authorizing Governor to prevent t communication with 108 communication from commandant of , 108 resolution in relation to occupation of. 108 authorizing Governor to take immediate military measures in relation to Ill in relation to withdrawal of troops from 115 to cut off supplies from 1S7 Forts, arsenals, &c., transfer of, to Confederate Govermeut....509, 776 (See Ordinan/jes) Forts in Charleston Harbor, report of Committee on 6-t resolutions in relation to the delivery of, to the State... 32, '53, 54, 65, 66, 70 asking information from the Governor in relation to 90 authorizing Governor to take possession of : 107, 110 approving conduct of Governor in taking possession of 115 communication from Governor concerning ....121 invitation to visit .' ..,.• 198 resolution of thanks to Gen. Beauregard for visit to 235 resolutions for strengthening... 280, 281, 284- Frost, Edward, member of Executive Council ,.. 243 ■ G. GadbeVry, James M., resolutions on death of 403 Garlington, A. C, member of Executive Council 137 Garrott, J. W., invifed to seat on floor of Convention 91 communicatiun from , 113 -General Assembly, attended signing of Ordinance of Secession ..45, 58 copies of Ordinances to be sentto <..122 resolution vesting powers iu..- .172 resolution suspending certain Acts of 308 exemption of members of, from militia duty.... 320 INDEp^. 861 • General Assembly, Ordinance pivinjj powers to ^...800 Georgetown, resolutions concerning abandonment of. 430, 451 Georgia, communication from members^f Legislature of.. 23, 28, 62,477 tluiuks tendered (o volunteers from.. -....oSS Gibbes, James G., & Co., communication from .^. 355, 361, 380 Gibbes, Dr. 11. W., appo'inted Printer to Convention •...SVi accountof 437,441, 743 Gist, V^m: H., elected member of Executive Council... . 379 oath of office'administercd to 383 Glass, P. 13., account of... 82, 123, 503 Governor, invitation to attend inauguration of 5 resolution in relation to 14 invited to seat on floor of Convention.. ...:39 invited to attend secret sessions '. 107 addressed Convention ^...IQS copies of Ordinances to be sent to 122 communications from.. ......121, 136, 140, 154, 503, 221, 821, 385, 402, 509, 553, 585, Green, IL D., conimunication from...* 176 Gregg, Maxcj< communication from 373 Greueker, R. XL, account of.... 437, 441, 743 H. Hanckel, T. M., appointed Deputy Cashier ^ 292 Hayne, I. W., elected member of Executive Council 378 oath of office adniinistered to..'..... 383 Ileriot, Benj. D.„ communication from 143, 147 Heriot, Benj. G., communication from 143, 147 Honour, John H., communication from 305 Hooker, Charles E., Commissioner from Mississippi, invited to seat on floor of Convention 10 address by 9i 11 invited to accompany Convention to Charleston. 14 credentials of. 14, 15 coujinutiication from ^^ Ilorton & Shepherd, account of 157, 503 Horry Di.'^patch, account of — />. ^ 252, 278 862 INDEX. . I. Infantry, resolution for' raisin7, report of Chief, of Department of, with acconipan^-ing papers r..587 Wilitia, resolutions for organizing certain portions of 329, 347, .... . 358, 575 Militia duty, exemption from...'..... 320 321 Mississippi, Commissioner from (See Charles E. Ilooker). Mordecai, Benjamin, resolution concerning donation from 282 N. Negroes, removal of, from expopcjl Districts ;,..306, 313, 325,330 334, 34G, 347, 353, 379, 570 Negro stealing, resolution concerning, .* ..321 3;"5 Nettles, Samuel J., appointed Doorkeeper 11^ New .Orleans, despatch from Major of 17(3 Non-slaveholding States, resolutions in relation to admission oF....413, 417,419,423,425,-732 North Carolina, despatch sent to Governor of 151 o. Oath of office. Ordinance in relation to .' 51 Officers of Convention, resolutions for piyment of.. .178, 268 352 437 Officers in military scrvioe eligible to soat iti Legislature 429, 451 Officers of military, resolution for appointment of .- 32O Officers in U. S. service, Ordinance jn reference to resignation of.. .-.58 ORDINANCES PASSED. To dissolve the union between the State of South Carolina and other States united with her under the com- pact entitled "The Constitution of the United States of«Ainerica" , 40 75 j To alter the Constitution of the State of South Carolina, in respect to the oath of offico 51 754 To make Provisional Postal Arra:)gcmcnts in Sou^h Carolina 07,755 Kepcaled jjj 864 . INDFA'. ORDINANCES PASSED. To proviJe for the continuance of Commercial facilities in * Suuth Carolina G7, 7-"^, 78, 83, 13, 105, 750 Repealed 771 To amend th" Constitution of the State of South Carolina in respect to the Executive Department 77, 'J2, lOS, 110,758. Amended '. 775 To alter the Constitution of tlie State of South Carolipa, by striking out certain words in sundry places 78, 92, 110,700 Repealed...., 771 Conceriiiosr Judicial Powers 108, 123, 143, 762 Repealed 771 Concerninpj powers latply vested in the Congress of the United States ^ 108, 143, 763. Repealed 771 To dtfinc and punish '1 reason ..1 10, 143, 701 Concerning Citizenship 110, 144, 148, 764 Anicnded .710 To vest iu the General Assembly the power to establish Postal Arrangements 177, 766 Repealed ,. 771 To amend an Ordinance concerning citizenship. 187, 235, 241, 770 To rutif'y the Provisional Constitution and Govern m«nt of the Confederate States of America 199, 270,774 To ratify the Constitution of the Confederate States of Atoeriea 200, 210, 222, 226, 228, 236, 238, 252, 767 To repeal sundry Ordinances, and to alter the Fourth Arti- cle and sundry Sections of the Constitution 200, 235, 242, 243, 771 • To transfer to the Government of the Confederate States of America the use and occupancy of the fort-s, arse- nals, navy yards, custom houses, and other public sites, within the limits of this State 203, 273, 281, 382, 776 To alter the tenth section of the first Article of the Consti- tution of the State of South Carolina, and the amendment thereof, ratified the 28th of January, INDEX. 865 ORDINANCES PASSED. 1861 ; also, to alter the tenth section of the aniend- nicnts ratified on the 17th day of December, 1808, and likewise the second clause of the eleventh Ar- ticle of the Cdnstitution aforesaid 235, 242, 768 To repeal in part, and to alter in part, the Ordinsiftce en- titled '* An Ordinance to amend the Constitution of the State of South Carolina, in respect to the Executive iTepartnicnt ; 279, 775 To provide for the removal of negroCs and other property from portions of the State Avhich may be invaded by the enemy 325, 330, 334, 355, 779 To exempt Overseers from the p'erformance of militia duty... 325, 336, 355, 783 For strengthenino; the Executive Department during the exigencies of the present Kyar 325, 337, 340, 342, 348, 353, 355, 356, 362, 3§0, 793 Amended , 798 To suspend in part the operation of an Act of the General Assembly, entitled "An Act regulating and fixing the salari« of officers, and for other purposes there- in mentioned" 330, 357, 788 Further to provide for the Harbor and Coast Defences of the State 333, 358, 375, 789 To enable citizens of this State who are in military service to exercise the right'of sufi"rage". 347, 356, 785 To provide for holding elections in Districts occupied or threatened by the enemy v..;.... 347, 357, 784 lo relation .to a portion of the militia 347, 359, 376, 379, 380,791 To suspend certain parts of the Constitution of the State of South Carolina 379, 380, 797 To amend an Ordinance entitled "An Ordinance for . strengthening the Executive Department 'during the exigencies of the present war". .431, 438, 445, 447, 449, 450, 798 To give to the General Assembly power in reference to ccrtaiff Ordinances and liesolutions of this Conven- tion .' 452, 800 109 866 INDEX. OEDINANCES NOT PASSED. In relation to citizens of South Carolina who may resign tlieir commissions in the naval or military service of the United States 58 To provide for the continuance of Commercial liclations in South Carolina 68, 75, 78, 83 Concerning Admiralty and Maritime Jurisdiction 74 l\econiniending and providing for a Convention of the Slavcholding States of the United States, to form the Constitution of a Southern Confederacy 92,114, 118, 121: Authorizing the Governor to issue Letters of JVJarque and Reprisal , 142, 151, 172 Ordering a Convention of the People of the State of South Carolina, 6n a certain contingency 109 To provide for the appoiotiiicnt of Electors ot President and Vice President of the Confederate States of America. .200 To ameiid the ninth Article of the Constitution of the State of South Carolina 200, 234, 242 To amend an Ordinance entitled "An Ordinance to alter ^ ' the Constitution of the State of South Carolina, by striking out certain words in sundry places ".200, 235, 241 To provide an armed force for the defence of the State. .314, 330, 347, 359, 576 To afford pecuniary relief to the people of this State 353, 373 Supplemental to, and amendatory of, an Ordinance to pro- ~ vide for the removal of negroes and other property from portions ofthe State which may be invaded by the enemy 371, 883 To repeal an Ordinance entitled '• An Ordinance for strengthening the Executive Department during the exigencies of the present war," and for other pur- poses 406,425, 430, 431, 438, 441, 443, 447, 449, 450 To amend the fourth section of the first Article of the Constitution 407, 414 To. repeal "An Ordinance to suspend certain parts of the Constitution of the State of South Carolina "..408, 418, 426 To amend the thirteenth section of the first Article of the Constitution of the State of South Carolina.. 414) 417, 426 INDEX. 867 Ordinances, copies of, to be sent to certain persons .....122, 379 resolutions for printing and distribution of.. .73, 271, 392, 451, 546, 747 .Orphan House of Cliarleston, invitation to visit ^ 62 Orr, James L., elected Conimissiouer to Washington 59 elected Commissioner to Georgia *. 156 communication from 197 P. Palmer, Rev. 13. M., invited to deliver discourse ^ 435 communication from 450 Parker, Francis S, communication from 411 Pay of Delegates, resolutions providing for 165, 174, 285, 352, 437 Pelham, C. P., account of -4-9, 437, 742 Perry, M. S., invited to seat on floor of Convention ........73 • ' . . ^ , Q1 communication Irom o"- Police regulations for seaboard Districts 334, 359 Porcher, P. J., appointed Cashier p?-o tern.... 163 Post Master of Charleston, communication from ...26 Post Ofiices, Ordinances concerning .w 45, 46, 47, 56 Post Office Department, report of ^^^ President of Convention (See D. F. Jamison). I'resident of Senate invited to seat on floor of Convention 39 President of the United States, correspondence between Corn- mi s ss i o n e rs a n d "^^ ° ■* President and Vice President of Confederate States, resolutions for election of, by Conventions of States 163, 169 Pressley, John G., appointed Deputy Cashier * .-41 communication from ;....361 Printers, Evans & Cogswell appointed ....^....28 resolutions in relation to accounts of 73, 387, 452 Dr. 11. W. Gibbes appointed .....313 certain, sworn to^ecrecy 325, 326, 329, 356 secret work by ^-" Printing, resolution authorizing Committee to receive proposals for.306 report on proposals "^^-' Property of United Slates iu South Carolina 22, 30,32,-53,54, ^ ' (j5,'iG, 70 868 INDEX. Provisional Government, resolution providing for 127, 129, 164, 170, 483 resolution of confidence i^ 187,279 R. . REPORTS OF COMMITTEES. ACCOUNTS. On sundry accounts 123, 157, 171, 252, 288, 361, 378, 425, 429, 503, 504, 540, 578, 742 COMMERCIAL RELATIONS AND POSTAL ARRANGEMENTS. On provisional postal arrangements 67 On customs and oflacers t 67, 75, 78, 83, 93 On new Custom House 146 On communications from B. D. Herio't and B. G. Heriot 147 On expenses of Custom House ., 147 On drafts on Sub Treasurer 161 On communications from Post Master General and Secretary of the Treasury 225 On a resolution for memorializing Congress to repeal or suspend the duties on imports 378,579 CONSTITUTION OF THE STATE. On Ordinances to alter the Constitution 77, 78,, 92, 108, 110, 234, 235, 242, 251, 330, 357, 572, 7o3 On sundy Ordinances 108, 143, 145, 235, 242, 733 On a resolution of inquiry concerning the oflfiees of Comp- troller General and Treasurer 357, 571 On a resolution of inquiry as to matters now requiring modification or repeal , 748 ENGROSSED ORDINANCES. On sundry Ordinances 143, 156, 170, 228, 278, 279, 288, 291,340,392,452, 505, 547 On" resolutions concerning the publication of the secret ■ journals, &c ....242,270,392,451,544,744 INDEX. 869 REPORTS OF COMMITTEES. It)REIGN RELATIONS. On the nppointmenfc of Commissioners to treat with the United States 53^ 70 On resolutions making known to Foreign Powers the seces- sion of the State 171 On letters of marque and reprisal 151, 172 On the report of the Secretary of State 235, 5'12 MILITARY. On communication from the Governor, with accompanying documents, and resolutions concerning volunteer companies , 242, 265, 266, 270, 535 On forces raised for local defence .' 282 On increasing the powers of the Adjutant General .325, 333, 334, 508 ' On liability of aliens to perform military duty 330, 357 On compelling persons to arm in defence of the State. ...340, 568 In relation to the Surgepn General's Department. ...340, 358, 573 In relation to organizing and equipping Artillery Compa- -nies : 340, 358, 573 In relation to public arms, 340, 358, 574 On communication from the Governor as to forces in Con- federate service 347,.358, 575 On organizing certain portions of the Militia 347, 358, 575 On appointment of ofiicers in cases of draft 347, 358 On an Ordinance to provide an armed force for the defence of the State 347, oo8, 576 PRINTINa. On proposals for printing.* 28, 312 On printing Address to the People of the Slaveholding St*ites , 156 On photographing Ordinance of Secession, 172, 204 On printing correspondence with the President of the' United States ...:. ." 17? On lithographing the Ordinance of Secession 204, 543 On printing Journals of Convention 208,282 870 INDEX. ■ , EEPORTS OF 'COMMITTEES. RELATIONS WITH SLAVEHOLCfNG STATES. ' On sundry resolutions providing for a Convention of the Slaveholdiug States 80, 92, 114, 118, 124, 126, 143 On an Ordinance concerning cession of Forts, &c 228 Providing for Commissioners to Slaveliolding States 480 SPECIAL COMMITTEES. On draft of Ordinance of Secession , ; 42 On Address to the People of the Southern States 51, 71, 74^ 75, 88 On Declaration of causes justifying secession 56, 75, 88 On Address of Members of General Assembly of Georgia 62, 477 On property of the United States within the limits of South Carolina ' 63 On the Legislation of Congress abrogated by act of seces- sion 199, 292 On measures necessary to protect parties to cases now pend- , ing in courts. 274 On communications from the Governor and Commander of the forces in Charleston ., ....296. * On providing more efficient police regulations for Districts on the Seaboard 359, 577 On affording aid to the Confederate authorities 325, 359, 373 On voluntary removal of negroes. ...l..u 353 On removal of non-combatants from Charleston 370, 376, 383, 386, 388, 393, 580, 582 Concerning negroes stolen by the enemy 375 . On communication from the Governor and acfcompauying reports of .the Executive Council 417, 426, 429, 430, 441, 734 On repealing the Ordinance strengthening the Executive Department.. 425, 430, 431 Representatives in Congress of United States invited to seat ou floor of Convention .- 124 requested to prepare paper for publication. .,..174, 178 Representation, resolution concerning 287 INDEX. 871 * KEPORTS OF COMMITTEES. • • Eeprescqtation, provision for, in Districts occupied or tlirentoned by the enemy 3^7, 347, 357 Reserves, Regiment of, resolution concerning 329 Rules of Convention 9 27 §5 Jlutledge, B. H., appointed Deputy Cashier pro tern 163 communication from 311 S. St. Andrew's Society, coraraunication from 1(30 sundry articles placed at the disposal of 269 St. Matthew's Parish, ^solution for election of Delegate for ,....10 Schouboe, F. L., account of.».... 178 252 549 appointed Doorkeeper 183 Secession of State, resolutions providing for H Secession, Ordinance of, Comniittee appointed to draft , 23 as adopted '. 42 751 adoption of 43 resolution for signing... 45 signing of 48,113 ratification of 49 resolution for photographing 74,172,204 copies of, to be sent to 'Governors of other States, and Ministers of Foreign Powers. 82, 156, 171 resolution for disposition of appurtenances used in signing 178 report on lithographing 204,543 Secession, statement of causes justifying 31, 39, 56, 75, 88 4G1 resolution for ascertaining how legislation of Ccwgress is affected by 35, 58, 199 Secret sessions, resolutions concerning '. 210 215 resolutions in relation to printing proceedings of.. .236 242, 271, 361, 392, 403, 409, 4^3, 414, 45"!, 544, 744 certain persons sworn to perform printing for...o25, 326 remissness of certain Delegates in relation to 334 Secretary of State, report of -. 516 Silcox, D. H., account of 157 593 872 INDEX. Simons, T. Y., appointed Temporary Secretary ,. 3 Slaveholding States, Committee on relations with , 29, 40 resolutions for provisional union of TSl for confederacy of '. 32' for assemblage of. ,41 address to People of 21, 51, 74, 75, 82, 88, ' 467,151? Slaves in possession of the enemy, resolution concerning 306 Solicitor to prepare commis^ons for-Conuuissiouers to Washington. ..63 per diem and mileage allowed to 27S, 352, 437 South Carolina Volunteers, thanks of Convention tendered to. 440 names of deceased to be recorded 440 Spain, A. C, elected Commissioner to Arkansas .154 communication from .•. 197 Speaker House of llepresentatives invittd to seat on floor of Convention , 39 Spratt, L. W., elected Commissioner to Florida 150 communication from 196 Stark, Theodore, communication frpm '..326 admitted to seat on floor of Convention 326 accounts of 376, 378, 441, 451, 578, 743 per diem allowed to 378, 441 State Arms, resolution concemicg 315, 553 State Forces in service of Confederate States, resolution con- cerning.....' 314, 553 State Troops, resolution concerning •412, 417 statement of, in service 560, 665 . (See also reports of Adjutant and Inspector General.) Statement of interview with President Buchanan .....498 Stokes, E. R., account of 73, 82, 123, 503 Suares,^J. E., account of 157, 503 Sub-Treasurer of United States, resolution in relation to drafts on. 155, 168, 169 Surgeon Grencral's Department, resolution concerning... 330, 340, 573 T. » Treasurers of Upper and Lower Divisions, resolutioB for abolish- ing ofiices of 327, 329, 357 INDEX. 8V3 Treasury, Secretary of, resolution creating oflEiec of 327, 320 report of „..524 Treasury and Finance, report of Chief of Department of 688 Trescot, Wm. H., resolution of thanks to 173 Trimmier, W. H., accounts of 408, 425, 431, 742 Twiggs, Gen. D. E., resolution of thanks to 290 U. V. Untenable territory, resolution concerning 30Gj[<^70 Vacant offices, resolution for filling ....321 Vessels, certain to be registered as belonging to South Carolina 95 Volunteers, Governor authorized to receive, from abroad 110 resolutions in relation to bonds for arras from 270 ^ resolutions concerning South Carolina.. 242, 260, 270, 538 concerning, now in State service .* 316 Volunteer Companies, resolutions for reception of 150, 173 officers in, not disqualified |'rom holding office iu State .....177 Governor authorized to commission officers of 241,320,358,382,541 resolutions of thanks to ....283, 295 Volunteer Forces, resolutions for tendering to Confederate States.... 222, 242, 266, 270, 537 w. • Waddell, S., appointpd Doorkeeper 305 War, report of Secretary of....- .' 518 Wardlaw, F. H., resolutions on death of .' 317 Watts, W. D., resolutions on death of 317 Webb & Sage, account of 284, 288 Whitner, J. N,, communication from^. ...401 Wi^fall, L. T., communication from lOS invited to seat on floor of Convention 224 Withers, T. J., resignation of 319, ,352 Y. » Yorkville^nquirer, account of 412, 429, 437, 742 MtjM^ '4 ^ Tr q r V *'5 r %.n ^ •"'k^^CU.: V /^# ^^1 ^ \?*k. ^mt