JOURNAL
OF THE
SENATE OF SOUTH CAROLINA:
BEING THE
ANNUAL SESSION OF 1860.
JOURNAL
of the
SENATE OF THE STATE OF SOUTH CAROLINA.
MONDAY, NOVEMBER 26, 1860.
The General Assembly of the State of South Carolina, begun and
holden at Columbia, the twenty-sixth day of November, in the year of our
Lord one thousand eight hundred and sixty, being the fourth Monday in
November, the day fixed by the Constitution for the meeting of the General
Assembly.
At 7 P. M., pursuant to the order of the Senate, the Senators assembled
in the Senate Chamber in the Capitol at Columbia.
The Hon. W. D. PORTER, Senator from St. Philip's and St. Michael's,
and President of the Senate, took the Chair, and the roll having been called
by the Clerk, the following Senators, from the following Election Districts,
answered to their names, viz :
Hon. W. D. Porter, President,
u J. Duncan Allen,
" Charles Alston, Jr.,
" M. T. Appleby,
" S. W. Barker,
" Dixon Barnes,
" Robert Beaty,
11 J. W. Blakbney,
" A. Hamilton Boykin,
" Olin M. Dantzler,
" I. K. Eurman,
" A. C. Garlington,
" Wade Hampton,
St. Philip's and St. Michael's.
Barnwell.
All Saints.
St. George's, Dorchester.
St. John's, Berkeley.
Lancaster.
Union.
Chesterfield.
Kershaw.
St. Matthew's.
St. Thomas' and St. Dennis'.
Newberry.
Richland.
4
JOURNAL OF THE SENATE.
Hon. Jas. W. Harrison,
Anderson.
" R. L. Hart,
Darlington.
" John C. Hope,
Lexington.
" Charles Irby,
Marlboro'.
<c G. D. Keitt,
Orange.
11 R. J. Manning,
Clarendon.
" A. Mazyck,
St. James', Santee.
" Samuel McAliley,
Chester.
" R. G. McCaw,
York.
" J. C. McKewn,
St. James', Goose Creek.
" S. J. Montgomery,
Williamsburg.
u F. J. Moses,
Claremont.
" E. G. Palmer,
Fairfield.
" Edmund Rhett,
St. Helena.
" W. G. Roberds,
St. Peter's.
" F. J. Sessions,
Kingston.
" Elam Sharpe,
Pickens.
" W. D. Simpson,
Laurens.
" T. Edwin Ware,
Greenville.
" Tillman Watson,
Edgefield.
On motion of Mr. MOSES, a Message was sent to the House of Repre¬
sentatives, delivered oraljy by the Clerk, informing that House that the
Senate had met, pursuant to the provisions of the Constitution, a quorum
being present, and was then ready to proceed with the business of the
General Assembly.
Immediately thereafter a similar Message, delivered in a similar manner,
was received from the House of Representatives.
On motion of Mr. MOSES, a Committee was appointed to wait on his
Excellency the Governor, and inform him that a quorum of Senators being
present, the Senate had met, pursuant to the provisions of the Constitution,
and was now ready to receive any communication he might be pleased to
make to them.
Messrs. Moses, Garlington and McKewn were appointed the Com¬
mittee.
On motion of Mr. MAZYCK, it was ordered, that when the Senate ad¬
journs it shall stand adjourned to meet to-morrow at 12 o'clock.
Mr. ALSTON presented the report of the Joint Committee on the Mil¬
itary of the Senate and House of Representatives, on the subject of arming
the State, which was ordered for consideration to-morrow, and to be printed.
Mr. ALSTON, from the same Committee, reported a Bill to establish a
Board of Ordnance and Ordnance Bureau, and for other purposes.
TUESDAY, NOVEMBER 27, 1860. 5
The Bill received the first reading, and was ordered for a second reading
to-morrow, and to be printed.
Mr. MOSES, from the Committee appointed to wait on his Excellency
the Governor, reported that the Committee had performed the duty assigned
to them, and that his Excellency the Governor had informed them he would
be prepared to communicate with the Senate at 1 P. M., to-morrow.
Mr. BOYKIN presented the memorial of 11. Douglass & Co., f^r charter
of a City Railway Company in Charleston, which was referred to the Com¬
mittee on Incorporations and Engrossed Acts.
Mr. ALLEN submitted the presentment of the Grand Jury for Barnwell
district1} Fall Term, 1860, which was read and was referred to the Commit¬
tee on Privileges and Elections.
Mr. MOSES presented the petition of sundry citizens of Sumter District,
in relation to Free persons of Color; which was referred to the Committee
on the Judiciary; and, also,
The return of the Commissioners of Free Schools for Claremont for
1860; which was referred to the Committee on College, Education and
Religion.
Mr. HAMPTON presented the petition of the Broad River Board of
Commissioners of Fish Sluices, for widening of the Fish Sluices in that
river; whieh was referred to the Coinmittee on Agriculture and Internal
Improvements; and, also,
The Annual Report of the Commissioner of the New State House ;
which was referred to the Committee on the New State House, and was
ordered to be printed.
On motion of Mr. MAZYCK, the Senate adjourned at half-past 7, P. M.
TUESDAY, NOVEMBER 27, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
ADDITIONAL MEMBERS.
The following Senators appeared in their seats :
Hon. Gabriel Cannon, Spartanburg.
" James E. DeLoach, Prince William's.
" F. W. Fickling, St. Luke's.
" Nath. Hey ward, St. Bartholomew's.
6
JOURNAL OF THE SENATE.
Hon. Henry D. Lesesne,
" S. W. Palmer,
St. Philip's and St. Michael's.
St. Stephen's^
Christ Church.
Prince George's, Winyaw.
" Thos. M. Wagner,
" Benj. H. Wilson,
The PRESIDENT presented the report of the Clerks of the Senate and
House, in relation to the publication of certain Bills; which was referred
to the Committee on the Judiciary; also,
Proposals for the Public Printing; which were referred to a Special Com¬
mittee, consisting of Messrs. Allen, Boykin, Garlington, Keitt and McCaw,
and a message was sent to the House of Representatives, asking the appoint¬
ment of a similar committee.
Mr. McCAW presented the petition of sundry citizens of York District,
praying for an increase of the powers and jurisdiction of the Ordinary;
which was referred to the Committee on the Judiciary; also,
Return of the Commissioners of Free Schools for York District for 1860.
Mr. BEATY submitted presentment of Grand Jury of Union District,
March Term, 1860, relating to itinerant salesmen and traveling agents;
which was read and referred to the Committee on the Judiciary.
Mr. HOPE presented the return of the Commissioners of Free Schools
of Lexington District for the year 1860; which was referred to the Com¬
mittee on College, Education and Religion ; also,
So much of presentment of Grand Jury of Lexington, Spring Term,
1860, as relates to the pay of State's witnesses; read and Referred to the
Committee on the Judiciary.
The returns of the Commissioners of Free Schools of the following Dis¬
tricts and Parishes, for 1860, were presented by the following gentlemen,
and were referred to the Committee on College, Education and Religion;
By Mr. WARE, of Greenville District.
By Mr. GARLINGTON, of Newberry District.
By Mr. HARRISON' of Anderson District.
By Mr. PALMER, of Fairfield District.
By Mr. ALLEN, of Barnwell District, for 1859 and 1860.
By Mr. WATSON, of Edgefield District, for 1860.
By Mr. BARNES, of Lancaster District.
By Mr. BARKER, of St. John's, Berkeley, Parish.
By Mr. SESSIONS, of Kingston Parish.
By Mr. RHETT, of St. Helena Parish.
By Mr. FICKLING, of St. Luke's Parish.
By Mr. WILLIAMS, of St. Bartholomew's Parish.
Mr, LESESNE presented the following papers, which were referred to
the Committee on the Judiciary:
TUESDAY, NOVEMBER 27, 1869.
7
Petition of John Horlbeck against the erection of a bridge over Mazyck-
boro' Creek, in the city of Charleston.
Memorial of the Charleston Chamber of Commerce, praying legislation
touching the Usury Laws.
Petition of City Council of Charleston, praying that the fines for viola¬
tion of the laws in relation to selling liquor without license, and unlawful
trading with negroes within said city, be paid into the City Treasury.
Account of McCarter & Dawson, for 62 copies, 12th Vol., Richardson's
Law Reports; also,
Account for reprinting Law and Equity Reports.
Memorial of John Webb, and other corporators of Railroad Accommoda¬
tion Wharf, to erect a draw-bridge aeross Mazyckboro' Creek.
Also, the following papers, which were referred to the Committee on
Incorporations and Engrossed Acts :
Petition of South Carolina Jockey Club, for a renewal of their charter.
Petition of the Lafayette Artillery of Charleston, praying a renewal of
their charter.
Petition of William Lebby and others, praying an incorporation of the
West Point Mill Company.
Also, the following papers, which were referred to the Committee on
Finance and Banks :
Petition of Eliza M. Bonneau, Executrix of John Ewing Bonneau, for
renewal of Certificate of State 3 per cent. Stock, lost or mislaid.
Petition of Mrs. Elizabeth Jacoby, for a renewal of lost Certificates of 6
per cent. Stock, Nos. 291 and 318.
Petition of Jacob F. Schirmer, for a new Certificate of State Stock, in
place of one lost or mislaid; also,
Report of the' Commission on rates of wharfage, storage, &c., for the port
of Charleston; which was referred to the Committee on Commerce, Manu¬
factures and Mechanic Arts.
Mr. LESESNE also gave notice that he will ask leave tomorrow to
introduce
A Bill to incorporate the West Point Mill Company.
The following Message was received from the House of Representatives :
House of Representatives, Nov. 27, 1860.
To the Hon. President and Gentlemen of the Senate:
This House respectfully informs the Senate that it concurs in the propo¬
sition of that body to appoint a Joint Committee on Public Printing, and
has appointed Messrs. Joseph Johnson, Jr., T. B. Fraser, C. H. Suber, J.
8
JOURNAL OF THE SENATE.
J. Lucas, 'T. P. Lide, *VY. Alston Hayne, W. C. Davis, a Committee of this
House to act with the Committee of the Senate:
By order of the House,
JAMES SIMONS, Speaker.
Mr. WAGNER presented the return of the Commissioners of Free
Schools of Christ Church Parish for 1860; which was referred to the Com¬
mittee on College, Education and Religion.
Mr. HAMPTON gave notice that he will tomorrow ask leave to intro¬
duce
A Bill to incorporate The New Building and Loan Association.
Mr. HOPE submitted so much of the presentment of the Grand Jury of
Lexington, Spring Term, 1860, as relates to the system of retailing spirituous
liquors ; which was referred to the Committee on the Judiciary; also,
So mu«h of the presentment of the. Grand Jury of Lexington, Spring
Term, 1860, as relates to slaves having standing orders for the purchase .of
spirituous liquors; which was referred to the Committee on Agriculture
and Internal Improvements; also,
So much of the presentment of the Grand Jury of Lexington, Spring
Term, 1860, as relates to the incorporation of the village of Lexington;
which was referred to the Committee on Incorporations and Engrossed Acts.
Mr. PALMER presented the petition of Jas. W. Harrison, for finding
and burying the body of George Keerison; which was referred to the
Committee on Claims and Grievances.
Mr. BLAKENEY presented the petition of. Mrs. Elizabeth Graham,
praying that the title to certain lots in the town of Cheraw may be vested
in her; which was referred to the Committee on the Judiciary.
Mr. ALLEN presented the petition of' the citizens of Barn well, praying
an extension of the limit of their corporation; which was referred to the
Committee on Incorporations and Engrossed Acts.
Mr. LESESNE presented the petition of Joshua Lazarus and others,
praying an act of incorporation of the Charleston Railroad Company of
South Carolina; which was referred to the Committee on Incorporations
and Engrossed Acts; also,
Petition of Ladies' Benevolent Society, for renewal of charter; which
was referred to the Committee on Incorporations and Engrossed Acts; also,
Petition of Commissioned Officers of the Companies composing the First
Regiment of Artillery, asking an appropriation for proper gun sheds; which
was referred to the Committee on Military and Pensions.
Mr. HARRISON presented the account of A. O. Norris1 & Co., for
Public Printing; which was referred to the Committee on Claims and
Grievances.
TUESDAY, NOVEMBER 27, 1860.
9
I Mr. "WARE presented the petition of M. D. Dickey and 0. Borrett,
praying a renewal of their lease of the Saluda Turnpike. Road ; which was
referred to the Committee on Agriculture and Internal Improvements.
Mr. MOSES presented the petition of Richard Williams and wife, for
compensation for property escheated and granted by the State; which was
referred to the Committee on Claims and Grievances.
Mr. SIMPSON presented the petition of John W. Arnold, Sherilf of
Laurens District, praying compensation for blankets furnished prisoners in
jail; which was referred to the Committee on Claims and Grievances; also,
The petition of sundry citizens of Laurens, praying the establishment of
an additional election precinct in said district; which was referred to the
Committee on Privileges and Elections.
At 1, P. M., Message No. 1 was communicated to the Senate, and was
read at the Clerk's desk.
MESSAGE NO. 1.
Gentlemen of the Senate and House of Representatives:
Nothing has transpired, since your recent Extra Session, that requires
any special* notice. The past year has been remarkable for the unprecedented
health with which our citizens have been blessed; and, although the crop,
both of cotton and grain, is again a short one, yet with a wise economy, very
little, if any, breadstuffs will have to be imported from other States, and the
cotton crop will, in all probability, enable the planter to meet his ordinary
liabilities by bringing a fair and remunerating price. For all these favors,
and particularly for our good health, we should always bear in mind the source
from whence they come, and, with grateful hearts and earnest voices, send
up to the throne of grace our sincere thanks Lor such rich blessings, so
liberally bestowed upon hs. And while we appoint days of humiliation and
prayer, and invoke each other to observe them, let us not forget that we, too,
should call upon God to sustain us in this crisis of our country's history,
and give us the wisdom to plan, and the energy to perfect our own, and con¬
tribute to the deliverance of the South.
In providing for the "Improvement of the Port of Charleston, and the
dredging in the Beach or Maffit Channel," the Legislature made an appro¬
priation of $30,000, but for some reason, the report naming. Commissioners
to superintend the work, and agreed to by both Houses, was mislaid, and
as it was evidently the intention of the Legislature to have the work carried
on, having appropriated funds for the purpose, I took the responsibility of
appointing Commissioners to superintend the work, and selected those that
were named in the report of the Committee of the House of Representatives.
10
JOURNAL OF THE SENATE.
Catawba Indians.—In my last annual message, I recommended that a
small appropriation be made to pay the traveling expenses of two or three
of the head men of the Catawbas, who desired to go on a visit to examine
the Choctaw country, and report to the tribe on their return, hoping that a
favorable report might induce them all to remove West. In this expecta¬
tion, I have not been disappointed. The appropriation of five hundred dol¬
lars, in consequence of the excitement and pressure of business at the last
session, not being placed in a condition to be drawn from the treasury by the
Indian Agent, it became necessary for me to advance the money out of the
contingent fund of the Executive Department, and Mr. D. J. Rice, Indian
Agent, aceoippanied by Allan and John Harris, two of the chiefs, started on
the 16th July last, to visit and examine the Choctaw country, and returned
on the 29th August. Unfortunately, Allan Harris died soon after his arri¬
val at their destination) but notwithstanding this great calamity, John
Harris was so pleased with the country, and the reception he met with, that
he determined to remain, and has written such a flattering letter to his tribe,
depicting the great advantages to be derived from a removal to that country,
and this account has been so fully indorsed and confirmed by the Indian
Agent, that forty-seven out of the fifty-five of the Indians living in the
nation in this State, have agreed to remove, and have signed a petition to
Gov. B. Leflore andjdie Choctaw Council, praying for admission into the
Choctaw nation. The Council met on the 1st Monday in October last, and
although no information has been received by me of their decision, yet from
the opinion of the Indian Agent, derived from frequent conversations with
the leading men, there is no reasonable doubt but their application has been
favorably received by the Council, and citizenship granted to them on favor¬
able terms, considering the advantages that will be enjoyed by the almost
extinct Catawba tribe. The Congress of the United States made an
appropriation of five thousand dollars in the year 1855, to remove the
Catawba Indians; but, as it was not called for, it lapsed into the general
treasury in July, 1857, and cannot be used without a re-appropriation by
Congress. My recommendation at the last session, that an application be
made to Congress for a re-appropriation, must be now withdrawn, and we
must loolc to South Carolina alone to furnish the means for their removal.
With this statement of facts,the matter is left to your discretion, and you can
best judge whether funds can be now spared to effect so desirable an object.
State Geologist.—Oscar M. Lieber has, on the second of April last,
tendered to me his resignation as State Geologist Although at the last
session of the Legislature the office was continued for the current year, and
Mr. Lieber appointed to fill it, yet the appropriation for his salary and
YESDAY, NOVEMBER 27, 18G0.
11
expenses wn stricken from the appropriation bill, and he had no alternative
but to resign, or serve the State gratuitously. Upon consultation with rnc,
I advised Mr. Liebcr not to resign until he had completed the last report,
that it might, together with those previously published, embrace the state¬
ments concerning everything of importance which had been observed or
effected during the four years of his service. He has also prepared a glos¬
sary and index for the four reports, without which their value would be
greatly lessened. Three months has been necessary to perfect the report,
index, &c., and I recommend that he be paid for said services in proportion
to his salary.
Direct Trade.—There can be no difference of opinion on the great im¬
portance of establishing direct trade between Charleston and Liverpool, or
any other country with which we can exchange commodities. In the Union,
it was important and necessary to our commercial prosperity to divert a part
of the commerce of the world from New York and other Northern Cities to
the City of Charleston, and thus build up a great commercial emporium,
with ability to supply our own and the merchants of the neighboring States,
with a cheap and well filled market; from which in turn, they could supply
their customers in the interior towns and villages.
In view of the secession of South Carolina from the Union, it becomes
doubly important, and absolutely necessary, that we must have direct trade
with Europe and the continent; and as a large amount of capital is neces¬
sary, and there will be some risk in the beginning of such an enterprise, I
would recommend that the Legislature should to some extent foster and en¬
courage such enterprises by taking upon themselves a part of the losses that
might follow the effort to establish direct trade. Some enterprising citizens
of Charleston propose to establish a line of Steam Propellers between
Charleston and Liverpool, and ask the State to guarantee an interest of five
per cent, per annum, upon the capital invested in the Steamers, as long as
they shall continue in the service. This seems to me to be a very fair and
reasonable proposition. It cannot possibly be a speculation on the part of
its projectors, because in no event will they receive more than five per cent,
on their investment, when money can in ordinary times be loaned in safe
hands at seven per cent., and at this time at a much higher rate of interest.
If the enterprise should turn out to be profitable, the State will have noth¬
ing to pay, and the certainty that the parties will realize five per cent, under
any circumstances, will certainly not prevent them from using great exer¬
tions to make a larger dividend. The benefits are not confined to the city of
Charleston alone: every thing that facilitates commerce and cheapens mer¬
chandize will benefit alike all parts of the State, and should meet with gen-
12
JOURNAL OF THE SENATE.
eral encouragement. If it is feared that these steamers may be continued
in the service after all hope of profit has ceased, and a perpetual tax thus
entailed upon the State, provision may he made for discontinuing them in a
given time, or some other safeguards may in the wisdom of the Legislature
he thrown around the enterprise, so as to prevent any unnecessary and use¬
less expenditure of public money.
The Lunatic Asylum.—This Institution, under the excellent manage¬
ment of Dr. Parker and the Regents, has realized more than could have been
expected, or even hoped for from its founders; and the curative results of
the present year surpass the success of former years, and compare favorably
with the reports of the best Insane Hospitals in other States. No accident
has occurred since your last meeting, and no epidemic disease has, to any
extent, visited the Asylum. At the beginning of the year there were 194
patients, 69 have been received since, making the number under treatment
263 ; of whom, 37 have been sent home cured, 8 removed, and 26 died,
leaving 162. Of those who died, a large majority were marked in last year's
Tabular Statement as infirm in body, and hopelessly insane. Many applica¬
tions of males, for admission from other States, were made, and had to be
refused for want of room; and for the same reason, male slaves from our own
State could not be received.
I would respectfully suggest, that humanity and good policy dictate that
the accommodations should be further increased, until room enough is pre¬
pared for at least all sexes and colors in our own State. South Carolina, in
view of the bright career of greatness and glory that awaits her, should
not be indifferent or insensible to the sufferings of the humblest of her chil¬
dren, but extend her maternal hand to lessen and alleviate their sufferings
The Laws.—In looking forward to the separate nationality of South
Carolina, many changes will have to be made in existing laws, a part of
which, you no doubt, will be directed to do, by an ordinance of the Conven¬
tion of the people soon to assemble; but it may not be improper to bring to
your notice the importance of a speedy postal arrangement, to supply the one
under the control of the Federal Government. I am authorized to say,
that the Postmaster at Charleston, Hon. Alfred Huger, than whom a purer
patriot never lived, will, as soon as the State resumes her sovereignty by
an ordinance of her Convention, sever his connection with the Federal
Government, and obey any call the State may make upon him for his servi¬
ces. This movement, together with the resignation of all the other post¬
masters, will enable the State to act without embarrassment, in establishing
for herself postal arrangements. As a temporary expedient, an arrangement
TUESDAY, NOVEMBER 27, 1860. 13
might be made with the Adams Express Company, to carry the mails, until
a' postal arrangement of a permanent character could be established, the
details of which, must, to some extent, depend upon the action of other
Southern States.
The duties of the Governor in future, will necessarily be arduous and
responsible, and he should at all times be accessible to the people who may
have official business to transact with him. My experience satisfies me, that
it will require all the time of the Executive, with such help as may be given
him by a secretary and clerk, to discharge the responsible duties that will
devolve on him in the new position, as Chief of an independent State; and
I therefore recommend that the salary of the Governor be increased; that
he be furnished with a house and furniture, and be required to reside in the
town of Columbia; -also, that the salary of his private Secretary be increased,
to enable him to command the services, not only of a mere scribe, but of an
intelligent, active, and educated gentleman, who will be capable of conduct¬
ing any correspondence, with the mere revision of his Chief. He should
also have a clerk or copyist to do the copying that may be necessary, and
such other duties as may be required of him.
There seems to be no longer any reason why the State should have two
Treasuries. It requires two sets of officers to do what one could readily and
easily perform; and Columbia is now so accessible from all parts of the
State, no inconvenience could possibly arise from uniting the Treasuries there.
The Treasurer should also be required to reside in Columbia, and not depend
upon a Deputy to discharge the duties of the office. The practice now
is, to elect a Treasurer with a salary sufficient to enable him to employ a
competent deputy, and still save money for himself. The responsible duties
of the office are not performed by the one chosen by the Legislature on
account of his fitness and qualifications, but by a man chosen by the Treas¬
urer, and responsible to him alone; and although the Treasurer is himself
responsible to the Legislature for the faithful performance of the duties of
his office, yet the mischief done by the deputy may be irremediable, the
State suffer, and the officer be ruined.
The law prohibiting masters from permitting negroes to hire their own
time, and make contracts, should be so amended, and such penalties attached
to its violation, that no one would venture to disregard it. Without suggesting
the particular penalty, I would recommend that both the owner of the slave
and the party that hires him or her, should be punished by fine or imprison¬
ment, according to the mitigating or aggravating circumstances that attend
the case. Some inconvenience will no doubt arise from such an enactment,
and it may be necessary to make some exceptional cases; for instance, the
express or implied contract with a black porter to carry your trunk or car-
14
JOURNAL OF THE SENATE.
pet bag, or go on an errand; but tbis may be done, and yet much good
result from tbe general law on tbe subject.
It not unfrequently happens tbat slave mechanics hire white men to work
under their direction, and for their benefit, and thus instead of exercising a
control over that class of population, some are placed under obligations to them.
This state of things should not be permitted; there must be a distinction be¬
tween the races, as marked as their different colors, and it must be distinctly
and universally understood that the white is the governing race, without an
exception, and without regard to disparity of intellect, merit or acquirements.
The general recognition by the citizens of South Carolina of their allegi¬
ance to the State, and that obedience to the Federal G-overnment ceases as
soon as the State withdraws from the Union and asserts her sovereignty, sat¬
isfies me that she will have no traitors in her limits; but a wise precaution'
can result in no harm, and may be the means of advertising our people that
if any of them should be so forgetful of their duty to their sovereign, and
so reckless of his displeasure as to disregard her ordinances, or obey any
other commands than those of the constituted authorities of the State, they
will be dealt with as traitors and punished accordingly. In view, therefore,
of such a contingency, some legislation may be necessary in more particu¬
larly defining treason to the State, and affixing the proper punishment for
the offence. South Carolina must insist upon the implicit obedience of all
her citizens, both native and naturalized, and no one can be permitted to
put his individual construction upon the relation he bears to the State of his
birth or adoption. The obligation of the citizens of South Carolina to obey
the laws of the Federal Government was created by the act of the State
entering the Union under the compact entered into by the sovereign parties
to it, and it follows that upon the withdrawal of the State, the obligation is
no longer binding. The secession of a State cannot, in the proper use of
terms, be called a revolutionary movement. It is true there will to some
extent be a change of Government, such as dissolving a compact between
sovereigns in which it was stipulated that the citizens or subjects of each
State or nation should perform certain duties, which, before the agreement
of the high contracting parties they were not required to perform, or abstain
from the exercise of certain rights, which they have previously enjoyed; but
this dissolution of a compact does not imply rebellion, ""which, if successful
is revolution, and which, if unsuccessful, subjects the citizens to punishment
for committing treason. Why are we at this moment citizens of the United
States? Because South Carolina in her sovereign capacity made us so, by
a compact entered into with the other States, which, when united, were
called the United States, and it follows that when the power that ordered us
to obey the Government of the United States, and which alone had the right
TUESDAY, NOVEMBER 27, 1860.
15
to create that relationship, releases us from that obligation by withdrawing
from the league, our obedience is no longer due to that Government, and our
allegiance to the State as our lawful sovereign is unquestionable and undi¬
vided.
The introduction of slaves from other States, which may not become
members of the Southern Confederacy, and particularly the border States,
should be prohibited by legislative enactment, and by this means they will
be brought to see that their safety depends upon a withdrawal from their
enemies, and an union with their friends and natural allies. If they should
continue their union with the non-slaveholding States, let them keep their
slave property in their own borders, and the only alternative left them will be
emancipation by their own act, or by the action of their confederates. We
cannot consent to relieve them from their embarrassing situation, by per¬
mitting them to realize the money value for their slaves, by selling them to
us, and thus prepare them, without any loss of property, to accommodate
themselves to the Northern free soil idea. But should they unite their
destiny with us, and become stars in the Southern galaxy—members of a
great Southern Confederation—we will receive them with open arms and an
enthusiastic greeting. Should, then, danger approach their borders, or an
enemy, open or disguised, make war upon them, there is not a doubt but a
living rampart of freemen, from the Atlantic to the Gulf of Mexico, would
line their borders and beat back the invaders.
To dispense with the necessity, as much as may be possible, of resorting to
lynch law and illegal executions, in punishing offenders against the peace of
society and the safety of our citizens, I would suggest the enactment of a law,
punishing summarily and severely, if not with death, any person that circulates
incendiary documents, avows himself an abolitionist, or in any way attempts
to create insubordination or insurrection among the' slaves. If some act of
this kind is not passed, the people, goaded to madness by the frequent
attempts to disturb their quiet and destroy their property and lives, will not,
under excitement, be very careful in measuring the punishment they inflict,
and it is to be feared that the innocent may suffer with the guilty, and scenes
of violence and blood-shed too frequently occur. With the knowledge that
there is a law to reach the cases, the legal tribunals of the State will be first
appealed to, and in most cases their decision will be satisfactory to the
people, made, as it will be, under oath and with time for reflection and
examination.
There are many other amendments to the laws that suggest themselves to
my mind; such as requiring a white man to reside at all times on any plan¬
tation, without regard to the number of hands—a change in the road laws,
imposing a tax in the place of ffays work—the repeal of the Usury Laws,
&e., &c., but these are comparatively unimportant, in view of the now
16
JOURNAL OF THE SENATE.
certain action of the Convention soon to meet, which will devolve on you
the construction of a government suitable to the new order of things, with
all its ramifications.
Resolutions.—The Resolution of the General Assembly directing the
Governor to communicate to all the slaveholding States certain Resolu¬
tions adopted unanimously, expressing the opinion they should immediately
meet together to concert measures for united action, was soon after the
adjournment acted upon, and copies of the Resolutions sent to every South¬
ern State. Mississippi and Alabama were the only States that agreed to
meet South Carolina in Convention, and as no delegates had been appointed '
by the Legislature, I did not feel authorized to make an appointment with¬
out there had been a general agreement of the Southern States to meet.
Had such been the case, I would either have convened the Legislature to
appoint delegates, or have taken the responsibility of appointing them my¬
self. The consequence was, no Convention met, and each State was left to
act for herself, and upon her own responsibility.
The Resolution authorizing the Governor "to have the documents and
correspondence of the officers of the Palmetto Regiment, and the casual¬
ties of the Regiment, recorded in a suitable book and placed among the
archives of the Executive department," has been carried out, and the book
is now in the Executive office, subject to the inspection of the members of
the Legislature. B. F. Arthur, Esq., of Union, was employed to do the work,
and I am pleased to say it has been done in a very creditable and satisfactory
manner. Much more labor was necessary than the mere "recording" the
correspondence. It required the reading and re-reading of all the papers,
and the exercise of a correct judgment in the arrangement, not only chrono¬
logically, but with reference to the necessary connection of the whole vol¬
ume. The book has been neatly and durably bound, and will for years to
come be a book .of reference, not only for the descendants of those that dis¬
pelled the delusion of the North, that the chivalry of South Carolina would
not fight, but for the whole of our people, who claim a share of the glory
they achieved for their country, and wish to imitate their example. I
recommend that a liberal appropriation be made to compensate the compiler
for his work.
Another Resolution which passed the General Assembly unanimously,
requesting the Governor to procure a suitable sword and present it to Capt.
N. G. Evans, of the United States Army, on behalf of this State, as a tes¬
timonial of his gallant conduct at the battle of Wichita, and of the estima¬
tion in which he is held by the State, has been attended to, and the sword
designed for Capt. Evans ip now in the Executive office, ready for presen¬
tation, and* would have been forwarded to him, but for the suggestion of his
TUESDAY, NOVEMBER 27, 1860.
17
friends, that as soon as South Carolina severed her connection with the Fed¬
eral Government, he would resign his commission and repair to her standard
to receive the sword in person, and wield it in defence of his native State.
Gen. Williams, of Newberry, was employed by me to compile the Militia
and Patrol laws of the Stafb, under a resolution of the last Session, and the
work being done in a satisfactory manner, I recommend that he be paid for
his services.
""The duty imposed on the Governor, under a Resolution in relation to the
surveys and estimates by Maj. McCalla, for the Greenville and French Broad
Rail Road Company, have been complied with by the appointment of J. S.
Farrow, Esq., one of the Commissioners, whose duty it was, in concert with
four other persons, appointed, as prescribed in the resolution, to enquire and
report upon the accuracy of the surveys and estimates made by R. C.
McCalla, for the Greenville and French Broad Rail Road Company, of Nov.
15, 1859, for the construction of a rail road from Spartanburg C. H., S. C.,
to Asheville, N. C., &c., and to have their report printed and placed upon
the desks of the members of the two Houses.
By the direction of the Legislature in the fornf of a Resolution, I have
appointed two merchants and two wharf-holders of Charleston, who, with
the President of the Chamber of Commerce, constitute a commission, who
are instructed to enquire and ascertain what are reasonable rates of wharf¬
age, dockage, storage, weighing, &c., for the port of Charleston, and they,
are directed to repo.t to your bodies at the present session.
For a detailed account of the finances of the State, you are referred to
tht Reports of the Comptroller General and the President of the Bank of the
State.
The condition and resources of the South Carolina Banks, and of the
whole South, bear a very favorable comparison with the Northern Banks. A
northern writer puts down the aggregate amount of specie in the Northern
Banks $47,670,759; Circulation, $156,068,830; Deposits, $196,577,950.
In the Southern Banks, pecie, $35,923,778 ; Circulation, $51,033,647 ;
Deposits, $57,224,179. Showing that while the circulation and deposits
of the Northern Banks are seven times greater than the specie in. their
vaults, the circulation and deposits of the Southern Banks are only three
times as much as their specie, and their circulation alone only one and a half
the amount of their specie.
All the banks in the State, judging from their reports, are in a safe and
sound condition, and prepared to meet all their liabilities promptly, unless
some commercial crisis takes place, which may for a time cripple their
resources and make it difficult for them to meet all their engagements. It
was proposed at the Extra Session to raise four hundred thousand dollars, by
3
18
JOURNAL OF THE SENATE.
issuing State bonds, to arm the State and prepare for her defence, but for
want of time, no decision was made on the proposition. In the mean time,
however, and with great promptness, the Bank of Charleston, through its
President, telegraphed to me that it would take one hundred thousand dol¬
lars' worth of the bonds of the State at par; and since then a formal
resolution of its board has been sent me to the same effect. This act of
patriotic duty, on the part of the Bank of Charleston, merits your highest
commendation, and sets an example of love to the State and devotion to Fer
cause, worthy of general imitation. The mere "moneychanger" would
calculate the value of the investment and prospect of gain; but the patriot
sees nothing but the necessities of his State, and hastens to pour out his
treasures to relieve them.
Marine School of Charleston.—This school was inaugurated on the
16th May, 1859, and commenced operations with sixteen pupils, which has
since increased to forty-three, with many more applicants than can be
received and accommodated. The pupils are not confined to Charleston;
but come from Edgefield, Beaufort, Barnwell, Richland, Horry and Colleton.
The Board of Trustees report that their health has been good, only one
death having occurred, and that one shortly after his coming on board; that
the progress and conduct of the pupils are quite satisfactory, and even now
there are several on board capable of managing a vessel. Feeling a deep
interest in the success of the experiment, I visited the school, on board the
Lodebar, stationed in Charleston harbor, near the battery, last spring, and
was not only gratified but delighted at the prospect of making useful
citizens and valuable sailors to be called into the service of the State in her
commercial marine, or in manning and commanding her vessels of war.
Southern seamen are among the great wants of the South, and especially at
this critical time, trained as these youths are, not only in manly nauticalpur-
suits, but in the use of cannon and arms—the State may, with confidence,
look to them for aid in her hour of danger.
At the last session of the Legislature, the sum of five thousand dollars
was appropriated towards the support of this naval school, and as events
crowd upon us, making it more important every day that we should have a
nursery to prepare steady and capable captains, not only for our jnercantile
marine, but for our coasting trade and vessels of war, 'i commend this
valuable school to the fostering care of the State, and recommend a liberal
appropriation for its benefit.
An Armory.—The separation of the Southern States from the North,
will leave the Southern States, to a great extent, without the facilities of
manufacturing arms, for the want of Armories; a^d it will, therefore, be
tuesday, noyember 27, i860.
19
important for each individual State to establish an Armory, or that two,
three or four States should unite for that purpose. We should not be
dependent on the North, or a foreign country, for our weapons of defence,
leSt in the hour of need the supply may be withheld from us. Major R. S.
Ripley, a citizen of South Carolina, proposes to establish an Armory for the
South, in Georgia, Alabama or South Carolina, according as may be agreed
on, by those States. All he asks is, that each of the three States named
■ should contract with him for fifty thousand dollars' worth of arms annually,
for five years, and extend their patronage for a short period thereafter; the
arms furnished to be up to a standard model, to be determined upon and
delivered at prices fixed by competent authority, and to be subject to the
proper military inspection, in parts, by State officers, those of each State to
inspect the arms for that State. This would be preferable to having an
Armory, and would preclude the necessity of burdening each State with an
extensive establishment, dependent upon it for management by salaried
officers, and would require no expenditure by the State until its value would
be received.
There seems to be nothing in the proposition but what is fair and reason¬
able, and if the State determines to keep up her supply of arms, it cannot
be better done than by the plan proposed. Copies of letters from the Gov¬
ernors of Georgia and Alabama, to Maj. Ripley, were sent to me. They
approve of the proposition, and promise to recommend to their Legislatures
to bind themselves to take annually fifty thousand dollars' worth of arms, to
be paid for at the same price paid by the Federal Government for arms of
the same finish and description; provided they are of the latest and
most approved military patterns, and are manufactured in one of the States
mentioned. I would therefore recommend that South Carolina bind herself
\
to take fifty thousand dollars' worth of arms annually, for five years, from
Maj. Ripley, upon the conditions mentioned above, and that a negotia¬
tion be opened between the three States to settle on the site for the Armory.
New State Capitol.—This building is progressing with much rapidity,
considering the material of which it is composed, and the labor necessary to
complete such an elegant and durable structure. It is generally conceded
that it will compare favorably with any edifice of the kind in the United
States or Europe, and reflects great credit upon the architect, the commis¬
sioner, and all concerned. The only regret is that it may be necessary to
suspend operations, and husband all our resources for the defence of the
State. No one regrets more than I do, that such necessity may arise; but%
we must make everything give way to the paramount consideration, and
reconcile ourselves as best we can to the delay. The Legislature should not
make any large appropriations, except for arms and the material of war,
20
JOURNAL OF THE SENATE.
until there is a full recognition* of our rights out of the Union, and no
longer any pressing necessity to arm. If the work be suspended, it may be
necessary to have some temporary covering, to protect it from rain and storms,
and especially from being disfigured, and ik may be necessary to appro¬
priate a small amount for that purpose.
John Brown's Pike.—At the request of a distinguished Virginian,
Edmund Ruffin, Esq., I herewith present to the Legislature one of the
Pikes intended by John Brown to be used by the negroes of Virginia upon
the unoffending and peaceable inhabitants of that State. He requests "that
this weapon may be placed in some conspicuous position in the State House
of South Carolina, there to remain, and be preserved as abiding and
impressive evidence of the fanatical hatred borne by the dominant Northern
party, Jo the institutions and people of the Southern States, and cf the
unscrupulous and atrocious means resorted to for the expected attainment of
the objects in view;" and I respectfully recommend that the thanks of the
State be returned to Mr. Ruffin for this memento of .Southern wrongs, too
long and too patiently borne, and that it be placed in the Hall of the
House of Representatives.
Federal Relations.—In obedience to the Resolutions passed by the
General Assembly of this State at the last regular Session, expressing the
opinion that the slaveholding States should immediately meet together to
concert measures for united action, and instructing the Governor to appoint
a Commissioner to Virginia, " to express to the authorities of that State the
cordial sympathy of the people of South Carolina with the people of Vir¬
ginia, and their earnest desire to unite with them in measures of common
defence," and also to transmit to all the Southern States an invitation to
meet in Convention, to consult and mature measures for the safety and
security of the South and their institutions, I immediately appointed to
that office the Hon. C. G. Memminger, the mover of the Resolutions, a gen¬
tleman not only of high character and literary attainments, but who was
generally regarded as the exponent of the opinions of the conservative por¬
tion of the people of this State. It was thought desirable to send a
Commissioner who would not only have the ability to explain our position,
and place us in a proper light before the Legislature and people of Virginia,
but who would by his antecedents convince them that our great aim and
object in asking for a conference with our Southern sisters, was not to
plan a dissolution of the Union, but to save it, if possible, by insisting
on satisfactory guarantees from the North, that we were in future to be
unmolested in our persons and property, acknowledged as equals in carry¬
ing our slaves to any territory belonging to the United States, and having
TUESDAY, NOVEMBER 27, 1869.
21
protection by the Federal Government against any attempt to interfere in
any way with this property. Mr. Memminger was kindly received, hos¬
pitably entertained, and listened to with much attention, but his masterly
and unanswerable argument before the Legislature and people of Virginia
failed to convince them of the necessity of concerted action on the part of
the Southern States in Convention. The State of Virginia thought
proper to decline the proposed conference of the Southern States, as will
be seen by the Resolutions of her General Assembly herewith trans¬
mitted, and only Mississippi and Alabama of all the slaveholding States,
acceded to the proposal.
No such meeting of the States has taken place, as it was thought
the number agreeing to meet was too small to effect the desired object, by pro¬
ducing that moral effect which would unquestionably have resulted from
a general meeting of the States interested. One of the Resolutions adopted
by Virginia' in response to the invitation of South Carolina and Mis¬
sissippi to meet in conference, expresses the opinion, that " Virginia
does not yet distrust the capacity of the Southern States, by a wise and
firm exercise of their reserved powers, to protect the rights and liberties of
the people, and to preserve the Federal Union/' and for this purpose she
desires the "concurrent action" of the Southern States; but she adds "that
efficient cooperation will be more safely obtained by such direct Legislative
action of the several States as may be necessary and proper, than through
the agency of an assemblage which can exercise no legitimate power except
to debate and advise."
Thus we see that although Virginia had strong hopes at that time of
preserving the Federal Union, she was unwilling to resort to any other way
of effecting the object than by the separate action of each State, which
would have the effect of producing the concurrent action of all the States
interested. If therefore Virginia is right as to the best mode of redress¬
ing wrongs and obtaining the concurrent action of other States, it fol¬
lows that the separate action of each is the best method of getting co¬
operation or concerted action of the other States in any movement,
and it would therefore be wise in South Carolina, in imitation of Vir¬
ginia to decline a representation in " any assemblage which can exer¬
cise no legitimate power except to debate and advise," and in no assemblage
whatever, until by the ordinance of her Convention she has seceded from a
Union which she once acceded to, and which has proved a curse instead of
a blessing.
The effort of South Carolina to assemble the Southern States, in the hope
that the North might bo induced to pause and retrace their steps, by an
earnest and unanimous protest against the course pursued by them, and a
notification that unless a change of policy took place, the South would be
22
JOURNAL OF THE SENATE.
compelled to take the redress of her grievances in her own hands, failed
on account of the refusal of Virginia to join in the movement'"; although
her borders had been recently invaded and her citizens murdered in cold
blood by a band of abolitionists instigated to the deed by the teachings
of men of controlling influence in the North. All hope, therefore, of
concerted action by a Southern Convention being lost, there is but one
course left for South Carolina to pursue, consistently with her honor, interest
and safety, and that is, to look neither to the right nor the left, but go.
straight forward to the consummation of her purpose.
It is too late now to receive propositions for a conference; and the State
would be wanting in self-respect, after having deliberately decided on her
course, to entertain any proposition looking to a continuance in the present
Union. We can get no better or safer guarantee than the present Constitu¬
tion, and that has proved impotent to protect us against the fanaticism of the
North. The institution of slavery must be under the exclusive control of
those directly interested in its preservation, and not left to the mercy of
those that believe it to be their duty to destroy it.
The tone of the Northern press has greatly changed since the unanimous
and determined action of South Carolina. Heretofore, it was supposed by our
enemies that we were divided and distracted at home, and that, in con¬
sequence of our divisions, the scenes of 1851 would be re-enacted, and the
State would finally acquiesce in Black Republican rule, or at best, that
something less than secession would be adopted, and our energies exhausted
in fruitless expedients and unavailing threats. Now that the unwelcome
conviction forces itself upon them that " we have counted the cost, and find
nothing so intolerable as voluntary slavery," and that we are not to be
deterred from the assertion and maintenance of our rights by the threats of
Fedelal bayonets, or the upmeaning and senseless display of Wide Awake
processions, formidable only to the capitalists and conservatives of their own
section, they begin to change their tone, and appeal to us, rather as suppli¬
ants than as conquerors, to save a Union froih which they have reaped a
rich harvest of profit and honor, and the South has only known by its
exactions.
They have been deaf to the voice of reason and consanguinity; they have
disregarded the counsels of their wisest and best citizens. Their Neros,
in the persons of Seward, Sumner, and others, have been fiddling while the
Constitution has been trampled under foot, and a higher law inaugurated in
its stead; in accordance with their treasonable advice and teaching, and by
the crowning act of electing a Black Republican President to carry out their
long cherished designs against the peace and prosperity of the South, they
have declared open war against us.
What course, then, is left for the Southern States to pursue for the main-
TUESDAY, NOVEMBER 27, 1860.
23
te nance of their rights and the security of their property, but a separation
from such open and undisguised enemies, and the establishment of a South¬
ern Confederacy, with every element of greatness and every means of defence
necessary to protect them from any enemy and command the respect and
admiration of the world ? It is gratifying to know that in the contemplated
movement South Carolina has strong assurances that she will not stand alone;
that if the lone star we must have, it will be but for a short season,
when star after star will be added, and the Southern banner "present
to the heavens the bright constellation that adorns it."
There is no reasonable doubt but that Georgia, Alabama, Mississippi,
Florida, Texas, and Arkansas will immediately follow, and that the other
Southern States will eventually complete the galaxy. It was not to be ex¬
pected that they would move before South Carolina; not on account
of any want of patriotism and determination to resist aggression and insult,
not because they are less informed of their rights, or less prepared to defend
them; but on account of the national parties, so lately striving for victory
in the Presidential canvass; in which contest there would naturally arise
distrustand jealousy of each other, and a scramble for the ascendancy. Now
that the Presidential election is over, and an enemy of their section is chosen
to rule over them, we find all parties becoming united against the common
enemy, and. prepared to forget their past divisions, and unite in defence of
their altars and firesides.
There is no longer any jealousy on the part of other resistance States
toward South Carolina; on the contrary they all urge her by every conside¬
ration of duty and patriotism to lead the van in this noble struggle for our
violated rights. What a sublime moral spectacle is presented to the world
by our beloved State; small in territory, with a comparatively sparse popula¬
tion and without much military training, yet relying upon the justice of her
cause and the approving smile of Heaven, she is first among the foremost to
sever her connection with the Federal Government, and to accept the conse¬
quences that may follow her decision. I will not enter into an elaborate
argument to prove the right of a State peaceably to secede from the Union.
It will not be controverted that each State entered the Union as a State, and
not as an unorganized mass of individuals, and that the action of each State
was independent of the others, and if any proof of this fact be wanting, it
maybe found in the action of North Carolina, which State did not enter the
Union until more than a year after it was formed by the admission of nine
States, which number was required by the Convention that adopted the
present Constitution of the United States.
It is true that no provision is made in the Constitution for dissolving the
Union, and it is very probable that the patriots who framed the instrument
had no idea that a loathsome fanaticism, pandered toby Northern politicians
24
JOURNAL OF THE SENATE.
would ever make it necessary for the safety of the South that they should
dissolve the compact on account of its violation by the other section of the
Confederacy, but it must he remembered as a rule of universal application,
that a violation of a compact or agreement by one party releases the other
party from its binding obligation, and the only question is, who is to judge
of the infraction. From the very nature of the case, in a compact with
sovereigns, there can be no umpire, unless one is provided by the instru¬
ment itself, and in the language of Mr. Jefferson, " each State must judge of
the infraction and the mode and measure of redress." A compact between
sovereign States, with the understanding that the majority should put their
construction upon its provisions, would not be worth the paper upon which
it was written. Majorities need no. protection, for they can protect them¬
selves, but minorities insist upon constitutions to restrain the majority, and
to allow it to put its construction upon the compact, is equivalent to
giving them the absolute power to govern the minority irrespective of any
restraints.
The simple statement of the case is this: each State entered the Union
under the Constitution; the Federal Guv eminent is the agent of the States,
created for special purposes, and circumscribed in-its action by the articles
of agreement, or in other words the Constitution. Whenever the States
having the power ^o control this agent, permit or command him to vio¬
late the compact, each State, not having surrendered its sovereignty, has
a right to remonstrate or withdraw as she may think proper, and no earthly
power has the right to prevent her.
It is urged by some as an argument against secession, that the existing
Government would be destroyed by a State seceding; that the revenue laws
would become inoperative, and the wheels of Government stand still. My
answer is this, that in the exercise of an undoubted right, and being forced
to exercise it by the party that is likely to suffer, it cannot complain of the
consequences of its own acts. If South Carolina secede, the Govern¬
ment will be in no worse condition, except for a very short time, than it
would have been if South Carolina had never entered the Union, which is
acknowledged on all hands, she was not bound to do.
The idea that a majority must always govern, which has taken pos¬
session of the Northern mind, is as mischievous as it is fallacious, and is
contradicted by all the analogies of a republican government. If a mere
majority is to govern, why have two houses of Congress—a Senate and
House of Representatives ? Why give the President the veto power ?
Why submit the action of all three to a judicial tribunal ? Why require
juries to be unanimous in giving their verdict ? The conclusion is irresist¬
ible that it is for the protection of minorities and the safety of the citizen.
I may be asked if a minority should govern. My answer is, no: but they
TUESDAY, NOVEMBER 27, 1860.
25
should be able, by constitutional restrictions, to restrain tbe majority from
acts of injustice and oppression. In the copartnerships formed by indi¬
viduals, the majority is not permitted to construe the articles of agreement
to the injury of the minority, but in this case there is a disinterested tribu¬
nal to decide the question. In a compact between States, from the nature
of the case, there can bo no tribunal to decide violations of it, and the
remedy must be a dissolution of the agreement, without any right on the
part of the majority of the States to prevent the withdrawal of any of the
parties, otherwise might would make right, and a compact be an unmeaning
and worthless piece of parchment.
It follows from the views presented, that the Federal Government cannot
rightfully use force to prevent a State from seceding or force her back into
the Union; but, in the language of the late Judge Harper: " men having
arms in their hands may use them," and I cannot too earnestly urge upon
you the importance of arming the State at the earliest practicable period,
and thus be prepared for the worst. It is gratifying to know that if we must
resort to arms in defence of our rights, and a blow should be struck at South
Carolina, before the other States move up in line, we have the tender of vol¬
unteers from all the Southern and some of the Northern States, to repair
promptly to our standard and share our fortunes.
In urging the State to arm, it is not to be understood that we are defence¬
less; by examining the report of the Adjutant and Inspector General here¬
with transmitted, you will see that we have sufficient arms to supply the
number of soldiers that will probably be necessary for some time to come,
and many of our arms are of the most approved patterns; but no one can
tell what a day may bring forth, and it is a wise precaution to prepare in
time. I cannot permit myself to believe that in the madness of passion an
attempt will be made by the present or next administration to coerce South
Carolina, after secession, by refusing to surrender to her the harbor defences,
or by interfering with her imports or exports; but if I am mistaken in this,
we must accept the issue, and meet it as becomes men and freemen, who
in all the calmness of determined resolution, infinitely prefer annihilation to
disgrace.
We cannot penetrate the dark future; it maybe "filled with ashes, tears
and blood," but let us go forward in the discharge of our duty, with an un¬
wavering trust in God, and a consciousness that anything is preferable to
dishonor and degradation.
WM. H. GIST.
Note.—In addition to what has been said of postal matters, the present
arrangement might be continued, by an agreement between the State and
the Federal authorities for a given time, and until other States secede, and
4
20
JOURNAL OF THE SENATE,
the formation of a Southern Confederacy, -when the whole subject can be
entrusted to them; but if no arrangement of this sort can be carried out,
and the Government insist on considering the State still in the Union after
the ordinance of secession has been passed, the present arrangement must
cease, and some other, under State authority, be substituted.
On motion of Mr. GARLINGTON, the usual number of copies was
ordered to be printed, and the Message was made the Special Order of the
Day for tomorrow, at 1, P. M.
Mr. ALSTON, from the Committee on the Military and Pensions,
acting jointly with the Committee on the Military of the House of Repre¬
sentatives, reported
A Bill to provide an Armed Military Force.
And Mr. MARSHALL, from the minority of the same Committee,
reported
A Bill to provide for an Armed Military Force.
The Bills severally received the first reading, and were ordered for a
second reading tomorrow, and to be printed.
Mr. WAGNER submitted the following report:
The Committee on Accounts and Yacant Offices beg leave respectfully to
report, that the following offices are vacant, to wit: the offices of the
Attorney General, the Solicitor of the Northern Circuit, the Treasurer of
the Upper Division, and the offices of Commissioner in Equity for the
Districts of Georgetown, Horry, Laurens, Marlboro, Newberry, Richland
and Union.
Mr. WAGNER thereupon offered the following resolution :
Resolved, That a Message be sent to the House of Representatives, pro¬
posing to that body to unite in a joint ballot for Attorney General, on
tomorrow, at one o'clock, and immediately thereafter for Solicitor of the
Northern Circuit, and for Treasurer of the Upper Division on Thursday
next, at one o'clock, and immediately thereafter for Commissioners in
Equity for the Districts of Georgetown, Horry, Laurens, Marlboro, New¬
berry, Richland and Union.
The resolution was agreed to, and the Message was sent accordingly.
Mr. BOYKIN presented the return of the Commissioners of Free
Schools for Kershaw District, for 1860; and
Mr. CANNON presented the return of the Commissioners of Free
Schools for Spartanburg; which were referred to the Committee on College,
Education and Religion.
WEDNESDAY, NOVEMBER 28, 1860.
27
Mr. RHETT presented the account of the College Treasurer ; which was
referred to the Committee on College, Education and Religion, and was
ordered to be printed.
On motion of Mr. G ARLINGTON, it was
Ordered, That when the Senate adjourns, it shall stand adjourned to
meet tomorrow, at 12 o'clock.
On motion of Mr. DANTZLER, the Senate adjourned at 15 minutes to
3, P. M.
WEDNESDAY, NOVEMBER 28, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The following Message was received from the House of Representatives:
House of Representatives, November 27, 1860.
Mr. President and Gentlemen of the Senate:
This House respectfully proposes to the Senate to unite in a joint ballot
for Attorney General, to-morrow, at one o'clock, and immediately thereafter
for Solicitor of the Northern Circuit, and for Treasurer of the Upper Divis¬
ion on Thursday next, at one o'clock, mid immediately thereafter for Com¬
missioners in Equity for the Districts of Georgetown, Horry, Laurens,
Marlborough, Newberry, Richland and Union.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred in all the propositions of the Message, except that
for the ballot for Commissioners in Equity, and proposed, in lieu thereof,
that said ballot should take place this day, immediately after the ballot for
Solicitor of the Northern Circuit.
Mr. CANNON submitted presentment of Grand Jury of Spartanburg
District, Fall Term, 1860; which was read and referred to the Committee
on the Judiciary.
Mr. BLAKENEY presented petition of the Calhoun Light Infantry,
praying for an act of incorporation ; also,
Presentment of Grand Jury of Chesterfield, Spring Term, 1860; which
was read and referred to the Committee on the Judiciary; also,
28
JOURNAL OF THE SENATE,
Presentment of Grand Jury of Chesterfield, Fall Term, 1860; which
was read and referred to the Committee on the Judiciary.
Mr. WATSON presented petition of W. W. Chapman and others, pray,
ing a renewal of charter of Good PIope Church, in Edgefield District; also,
Petition of John Glaze and others, praying for a renewal of charter of
Trinity Church, in Edgefield District; which were referred to the Commit¬
tee on Incorporations and Engrossed Acts.
Mr. BARNES presented petition of Lucy Andrews, a free person of color,
praying to be allowed to become a slave; which was referred to the Com¬
mittee on the Judiciary ; also,
presentment of Grand Jury of Lancaster, in relation to the General
Elections for Lancaster District; which was referred to the Committee on
Privileges and Elections; also,
Presentment of Grand Jury of Lancaster, Spring Term, 1860; which
was read and referred to the Committee on the College, Education and Reli¬
gion ; also,
Presentment of Grand Jury of Lancaster, Fall Term, 1860, in relation
to payment of members of the different Boards of the District; which was
read and referred to the Committee on the Judiciary.
Mr. DeLOACH submitted the Presentment of Grand Jury of Beaufort
District, in relation to the erection of a Penitentiary; which was referred
to the Committee on the Judiciary; also,
Return of Commissioners of Free Schools for Prince "William's Parish,
for the year 1860; which was referred to the Committee on the College,
Education and Religion.
Mr. HART presented Return of Commissioners of Free Schools of Dar¬
lington, for 1860; which was referred to the Committee on the College,
Education and Religion.
Mr. ALLEN gave notice that he will to-morrow ask leave to introduce
A Bill to incorporate the Barnwell Railroad.
Mr. HOPE presented the accounts of G. A. Fink for public printing in
the Lexington Flag; which were referred to the Committee on Claims and
Grievances; also,
Petition of the Lexington Volunteer Rifle Company for an act of Incor¬
poration ; which was referred to the Committee on Incorporations and En¬
grossed Acts.
Mr. HAMPTON presented Report of Regents of Lunatic Asylum; which
was referred to the Committee on Lunatic Asylum and Medical Accounts,
and 500 copies were ordered to be printed.
The same gentleman, pursuant to notice, and with leave of the Senate,
introduced
A Bill to incorporate The New Building and Loan Association ; which
WEDNESDAY, NOVEMBER 28, 1860.
29
received its first reading in the Senate, and was referred to the Committee
on Incorporations and Engrossed Acts.
Mr. HAMPTON also submitted Presentment of Grand Jury of Richland
District, Fall Term, 1860.
So much as relates to Peddling and Lynch Law was referred to the
Committee on the Judiciary, and
So much as relates to Defence of the State was referred to the Committee
on Military and Pensions.
Mr. ALSTON presented Return of Commissioners of Free Schools for
All Saints, for the year 1860 ; which was referred to the Committee on the
College, Education and Religion; also,
Petition of the All Saints School Society, for renewal of charter;
which was referred to the Committee on Incorporations and Engrossed Acts.
Mr. WARE presented Petition of Greenville Gas Light Company, for a
charter of incorporation; which was referred to the Committee on Incor¬
porations and Engrossed Acts ; also,
Petition for renewal and amendment of the charter of incorporation of
the town of Greenville; which was referred to the Committee on Incorpo-'
rations and Engrossed Acts.
Mr. HAMPTON presented the report of the Registrar of Births, Deaths
and Marriages; which was referred to the Committee on the Lunatic
Asylum and Medical Accounts.
Mr. LESESNE presented an abstract of the number of transient and
city poor of Charleston relieved during the year ending September 1, 1860;
which was referred to the Committee on Finance and Banks.
Mr. JOHNSON presented the return of the Commissioners of Free
Schools for Marion District, for the year I860; which was referred to the
Committee on the College, Education and Religion.
Pursuant to notice, and with leave of the Senate, Mr. LESESNE intro¬
duced
A Bill to incorporate the West Point Mill Company; which received the
first reading, and was referred to the Committee on Incorporations and
Engrossed Acts.
Pursuant to Messages, the Senate joined the House of Representatives
in balloting for Attorney General.
The PRESIDENT apppointed a Committee, on the part of the Senate,
to count the ballots, consisting of Messrs. Appleby and Barker.
Mr. CANNON introduced a resolution instructing the Committee on the
Lunatic Asylum and Medical Accounts to enquire and report as to the
expediency of repealing an Act for the establishment of a general system
of Registration of Births, Deaths and Marriages in the State of South
Carolina, passed in the year 1853; which was agreed to.
30
JOURNAL OP THE SENATE,
Mr. HOPE gave notice that he will tomorrow ask leave to introduce
A Bill to authorize the formation of a new Volunteer Company of
Infantry in Lexington District, within the 15th Regiment of South Caro¬
lina Militia, to be called the Lexington Volunteer Ride Company.
Mr. LESESNE submitted the presentments of Orand Juries for Charles¬
ton, for January, April and June Terms, I860; which were read and were
referred as follows :
So much as relates to repairs of the Court House, and the furniture of
the Jail, and the Plank Road, to the Committee on Roads and Bridges; and
all other subjects, to the Committee on the Judiciary.
Mr. MAZYCK presented the return of Commissioners of Free Schools
for St. James', Santee, for 1860; which was referred to the Committee on
the College, Education and Religion.
Mr. E. G. PALMER presented the report of the Charlotte and South
Carolina Railroad; which was referred to the Committee on Agriculture and
Internal Improvements.
Mr. DANTZLER presented the return of Commissioners of Free Schools
for St. Matthew's Parish, for the year 1860; which was referred to the Com¬
mittee on the College, Education and Religion.
Mr. APPLEBY presented the return of Commissioners of Free Schools
for St. George's Parish; which was referred to the Committee on the Col¬
lege, Education and Religion.
Mr. APPLEBY presented the petition of sundry citizens of St. George's
Parish, asking that a certain creek may be made a navigable highway;
which was referred to the Committee on Agriculture and Internal Improve¬
ments.
Mr. ROBERDS presented the return of Commissioners of Free Schools
for St. Peter's Parish, for I860; which was referred to the Committee on
the College, Education and Religion.
Mr. MOSES gave notice that to-morrow he will ask leave to introduce
A Bill to require the Circuit Judges to send with their reports to the
Appeal Court the notes of evidence taken on the trial.
Mr. IRBY submitted the presentment of the Grand Jury for Marlboro',
at Spring Term, 1860; which was referred to the Committee on Finance and
Banks; also,
Return of Commissioners of Free Schools for Marlborough District for
f
1860; which was referred to the Committee on the College, Education and
Religion; also,
Petition of sundry citizens of Marlborough, praying a grant of charter for
the construction of a Railroad from Bennettsville to some point on the
Cheraw and Darlington Railroad, at or near Society Hill; which was re¬
ferred to the Committee on Incorporations and Engrossed Acts.
WEDNESDAY, NOVEMBER 28, 1860.
31
Mr. HAMPTON presented the account of R. W. Gibbesfor printing and
binding; which was referred to the Committee on Claims and Grievances.
Mr. SIMPSON submitted the presentment of the Grand Jury, Spring
Term, 1860, for Laurens District; which was read and referred to the Com¬
mittee on Public Buildings ; also,
Presentment of the Grand Jury, Fall Term, 1860, for Laurens; which
was read and referred to the Committee on the Judiciary.
Mr. SIMPSON presented the account of the Laurensville Herald for
public printing; which was referred to the Committee on Claims and Griev¬
ances ; also,
The petition of James R. Todd, praying compensation for injuries sus¬
tained by the opening of a public highway; which was referred to the
Committee on Claims and Grievances.
The following Message was received from the House of Representatives:
In tue House of Representatives, Nov. 28, 1860.
Mr. President and Gentlemen of the Senate:
This House respectfully concurs in the proposition of your body to go
into a ballot for Commissioners in Equity for the Districts of Georgetown,
Horry, Laurens, Marlboro, Newberry, Richland and Union, this day, immedi¬
ately after the ballot for Solicitor of the Northern Circuit.
By order of the House,
JAMES SIMONS, Speaker.
At 1, P. M., the Senate proceeded to the Special Order for this hour,
the reference of Message No. 1 of his Excellency the Governor. The
reading was dispensed with; and
Mr. GARLINGTON offered the following Resolutions :
Resolved, 1. That so much of the Message No. 1 of his Excellency the
Governor as relates to Federal Relations, be referred to the Committee on
Federal Relations.
2. That so much as relates to Finance and Banks, the Catawba Indians,
the increase of the salaries of the Governor and his Private Secretary, the
appointment of a Clerk in the Executive Department, the providing for the
permanent residence of the Governor in the City of Columbia, the offices
of Treasurer of the Upper and Lower Divisions, and the salary of the
Treasurer, be referred to the Committee on Finance and Banks.
3. That so much as relates to a new postal arrangement, be referred to a
Special Committee of six, and that a Message be sent to the House of Rep¬
resentatives, asking that body to appoint a similar Committee to act with
the Committee of the Senate.
32
JOURNAL OF THE SENATE,
4. That all other matters embraced in the Message, under the head of
"Laws," in relation to the laws and amendments thereof, be referred to the
Committee on the Judiciary.
5. That so much as relates to the State Geologist, be referred to the
Committee on Agriculture and Internal Improvements.
6. That so much as relates to Direct Trade, and granting State aid in
establishing a line of Steam Propellers between Charleston and Liverpool,
and so much as relates to the Marine School in Charleston, be referred to
the Committee on Commerce, Manufactures and the Mechanic Arts.
7. That so much as relates to the establishment of an Army, the military
defence of the State, the recording of the documents and correspondence
of the Officers of the Palmetto Regiment, the Compilation of the Militia
and Patrol Laws, the presentation of a Sword to Capt. N. Gf. Evans, of the
United States Army, and the relic of the Harper's Ferry raid, presented
by Edmund Ruffin, Esq., of Virginia, be referred to the Committee on the
Military and Pensions.
8. That so much as relates to the New State Capitol, be referred to the
Committee on the New State House.
9. That so much as relates to the Lunatic Asylum, be referred to the
Committee on the Lunatic Asylum and Medical Accounts.
The resolutions were agreed to, and the Message was referred accordingly.
The PRESIDENT appointed Messrs. Garlington, Lesesne, E. G. Pal¬
mer, Moses, Rhett and Mazyck, the Committee on the Postal System, and
a Message was sent to the House of Representatives accordingly.
The Senate proceeded to the House of Representatives and joined that
House in balloting for Solicitor of the Northern Circuit. Messrs. Barnes
and Beaty were appointed the committee on the part of the Senate to count
the ballots.
Mr. FICKLING gave notice that to-morrow he will ask leave to intro¬
duce
A Bill for the establishment of a Coast Police for the State of South
Carolina.
Mr. ALLEN presented the petition of Johnson Hagood and others, for
the charter qf the Sherwood Jockey Club; which was referred to the Com¬
mittee on Incorporations and Engrossed Acts.
Mr. ALLEN also gave notice, that to-morrow he will ask leave to intro¬
duce the following bills:
A Bill to incorporate the Buford's Bridge Railroad in Barnwell District;
and
A Bill to incorporate the Presbyterian Church at Aiken.
The Senate again proceeded to the House of Representatives and joined
THURSDAY, NOVEMBER 29, 1860.
33
that House in balloting for Commissioner in Equity for the# Districts of
Georgetown, Horry, Laurens, Marlboro, Newberry, Richland and Union.
Messrs. Blakeney and Boykin were appointed the committee on the part of
the Senate to count the ballots.
Mr. APPLEBY, from the Committee to count the ballots for Attorney
General, reported that Hon. Isaac W. Ilayne had received a majority of the
ballots cast. He was accordingly declared by the President duly elected to
that office.
On motion of Mr. WILSON, it was ordered that when the Senate ad¬
journs, it shall stand adjourned to meet to-morrow at 12, M.
On motion of Mr. MARSHALL, the following General Orders were
discharged, and the same were made the special order for to-morrow, at
half-past 1, P. M., to wit:
Report of the Joint Committee on the Military of the Senate and the
House.
A Bill to establish a Board of Ordnance, and an Ordnance Bureau, and
for other purposes.
A Bill to provide an Armed Military Force.
A Bill to provide for an Armed Military Force.
On motion of Mr. APPLEBY, the Senate adjourned, at ten minutes past
2, P. M.
THURSDAY, NOVEMBER 29, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The PRESIDENT read a communication from James L. Petigru, Com¬
missioner on the Code; which was referred to Committee on the Judiciary,
and was ordered to be printed.
Mr. ALLEN presented the following report, which was ordered for con¬
sideration to-morrow, and to be printed :
The Special Joint Committee, to whom was referred the matter of the public
printing, ask leave to report: that they had the same under consideration,
examined the proposals therefor, and after due deliberation, have appointed
34 JOURNAL OF THE SENATE,
Mr. C. P. ^elham State Printer for the permanent work, and the Senate
Committee have also appointed him to do the Senate printing.
All of which is respectfully submitted.
J. P. ALLEN,
Chairman Special Joint Committee and
Chairman Senate Committee.
JOSEPH JOHNSON, Jr.,
Chairman Special Joint Committee of House of Reps
Pursuant to notice, and with leave of the Senate,
Mr. ALLEN introduced the following Rills; which received the first
reading, and were referred to the Committee on Incorporations and En¬
grossed Acts :
A Bill to incorporate the Buford's Bridge Railroad Company.
A Bill to incorporate the Presbyterian Church of Aiken.
A Bill to incorporate the Barnwell Railroad Company.
Mr. BARNES gave notice that he will to-morrow ask leave to introduce
A Bill to incorporate the Central Railroad Company of South Carolina.
Mr. BARNES, on the part of the Committee appointed by the Senate to
count the ballots for Solicitor of the Northern Circuit, reported that Mr. C.
D. Melton had received the majority of all the votes cast.
Mr. Melton was therefore declared by the President to have been duly
elected.
Mr. HOPE presented the following papers; which were referred to the
Committee on Incorporations and Engrossed Acts :
Petition of the members of Nazareth Evangelical Lutheran Church, pray¬
ing for an Act of Incorporation.
Petition of Bethlehem Evangelical Church for an Act of Incorporation.
Petition of Salem Evangelical Lutheran Church for an Act of Incorpora¬
tion.
The House of Representatives sent to the Senate,
A Bill to alter and amend the third section of the first article of the Con¬
stitution of this State, which had been passed by a former Legislature;
which was read and referred to the Committee on the Judiciary.
Mr. BLAKENEY presented a report of the Committee appointed to count
the ballots for Commissioner in Equity for certain Districts, reported that
ih.e following gentlemen had received a majority of all the votes cast, viz :
Marlborough—T. J. Townsend.
Laurens—B. R. Campbell.
NewberryHas Johnson.
■Georgetoion—S. T. Atkinson.
Union—D. Uoudeloek.
THURSDAY, NOVEMBER 29, 1860.
35
Ilorry—J. 11. Beatty.
Richland—J. H. Pearsoa.
They were therefore declared by the President to have been duly elected.
Mr. WATSON presented the petition of Benj. F. Landrum praying grant
of escheated land in Edgefield District; which was referred to the Committee
on the judiciary.
The same gentleman also submitted presentment of Grand Jury, Spring
Term 1860, which was read and referred to the Committee on Roads and
Buildings; also,
Presentment of Grand Jury, Fall Term, 1860; which was referred to the
Committee on Roads and Buildings.
Pursuant to notice, and with leave of the Senate, Mr. HOPE introduced
A Bill to authorize the formation of a new volunteer company of infantry,
to be called the Lexington Volunteer Rifle Company, and for other purposes,
which received the first reading, and was referred to the Committee on the
Military and Pensions, and was ordered to be printed.
The following communication was received from the House of Repre¬
sentatives :
In the House of Representatives, Nov. 28, 1860.
Mr. President and Gentlemen of the Senate:
This House respectfully concurs in the proposition of the Senate to
appoint a Joint Committee on Postal Arrangements, and has appointed
Messrs. Buist, Trenholm, Shannon, Lowndes, Macfarlan, Ryan and Hayne,
a Committee to act with the Senate Committee.
By order of the House,
JAMES SIMONS, Speaker.
Pursuant to notice, the Senate proceeded to the House of Representatives
to ballot for Treasurer of the Upper Division.
Messrs. Cannon and Dantzler were appointed a Committee on the part of
the Senate to count the votes.
Mr. McCAW gave notice that he will tomorrow ask leave to introduce
A Bill to incorporate the York Gas-Light Company; and he also pre¬
sented the
Petition of John H. Adams and others, for an Act of Incorporation
of the York Gas Light Company; which was referred to the Committee on
Incorporations and Engrossed Acts.
Mr. LESESNE presented petition of the Trustees of the Marine School
of Charleston, asking for a continued appropriation; which was referred to
the Committee on Commerce, Manufactures and Mechanic Arts.
Mr. LESESNE gave notice that he will to-morrow ask leave to introduce
36
JOURNAL OF THE SENATE,
A Bill to incorporate the Charleston Railway Company of South
Carolina; also,
A Bill to suspend in part the operation of the Usury Laws; and he also
presented
Petition of the Mayor and Aldermen of the City of Charleston, for the
restoration of the old Fire Guard; which was referred to the Committee on
Military and Pensions ; also,
Petition of the Mayor and Aldermen of the City of Charleston, praying
for further legislation to prevent the infringement of the Quarantine regu¬
lations; which was referred to the Committee on Commerce, Manufactures
and Mechanic Arts.
Mr. GARLINGTON presented the memorial of the Greenville and
Columbia Railroad Company, praying the use of the name and credit of
the State in the re-adjustment of their debt; which was referred to the
Committee on Finance and Banks, and ordered to be printed.
Mr. MONTGOMERY presented the return of the Commissioners of
Free Schools for AVilliamsburg District, for 1860; which was referred to
the Committee on the College, Education and Religion.
Mr. IRBY gave notice that to-morrow, or on some subsequent day, he
will ask leave to introduce
A Bill to incoi'porate the Bennettsville and Society Hill Railroad.
Mr. WARE submitted presentment of the Grand Jury of Greenville Dis¬
trict, Spring Term, 1860, in relation to manufacturing interests in the South
and direct trade; which was read and referred to the Committee on Com¬
merce Manufactures and Mechanic Arts ; also,
Presentment of Grand Jury of Greenville District, Fall Term, 1860;
which was read and referred to the Committee on the Judiciary; also,
Presentment of Grand Jury of Greenville District, Spring Term, 1860,
in relation to publication of incendiary books; which was read and referred
to the Committee on the Judiciary; also,
Petition of sundry citizens of Greenville District, praying an amendment
of the law passed at the last session, to promote sheep husbandry ; which
was referred to the Committee on Agriculture and Internal Improvements.
Pursuant to notice, and with leave of the Senate,
Mr. GARLINGTON introduced
A Bill to lend the name and credit of the State to the Greenville and Co¬
lumbia Railroad Company in the re-adjustment of their debt.
Mr. HOPE gave notice that to-morrow he will ask leave to introduce
A Bill to authorize the appointment of an additional Magistrate for Lex¬
ington, in Beat Companies No. 1 and 2, South Carolina Militia.
Mr. WARE gave notice that to-morrow he will ask leave to introduce
A Bill to incorporate the Greenville Gas Light Company; also,
THURSDAY, NOVEMBER 29, 18G0.
37
A Bill for the incorporation of the town of Greenville.
The following Message was received from his Excellency the Governor ;
which was referred to the Committee on the College, Education and Reli¬
gion :
MESSAGE NO. 2.
Executive Department, Columbia,- Nov. 29, 1860.
Gentlemen of the Senate and House of Representatives:
I am requested by the Board of Trustees of the South Carolina College
to invite the General Assembly to attend the Commencement on Monday
next.
WM. H. GIST.
Mr. RIIETT submitted presentment of Grand Jury of Beaufort District,
Spring Term, I860; which was referred to the Committee on the Judiciary.
Mr. SESSIONS presented petition of sundry citizens of Horry District,
praying legislation in regard to free persons of color; vrhich was referred to
the Committee on the Judiciary.
Mr. SESSIONS presented the following accounts for po:t mortem exami¬
nations; which were referred to the Committee on the Lunatic Asylum and
Medical Accounts :
Account of Dr. Jos. F. Harrell.
Account of Drs. Harrell & Norman.
Account of Dr. Jas. H. Norman.
The Committee on Claims and Grievances was discharged from the con¬
sideration of the petition of Richard Williams and wife, praying compen¬
sation for property escheated and granted by the State, and the same was
referred to the Committee on the Judiciary.
The House of Representatives, sent to the Senate the report of the
Committee on Privileges and Elections, on petition of sundry citizens of
Williamsburg District, praying the appointment of Managers of Election, at
the Muddy Creek Poll, in said District, which was concurred in, and ordered
to be returned to the House of Representatives.
Pursuant to notice, and with leave of the Senate, Mr. MOSES introduced
A Bill to require the Circuit Judges to send with their reports to the
Appeal Court, the notes of evidence taken on the trial; which received the
first reading, and was referred to the Committee on the Judiciary.
Mr. McALILEY presented reports of the Committee on Finance and
Banks, on the following papers, which were ordered for consideration to¬
morrow.
On petition of Eliza M. Bonneau, Executrix of John Ewing Bonneau, for
a renewal of certificate of three percent. Stock, alleged to be lost or mislaid.
38
JOURNAL OF THE SENATE,
On petition of Elizabeth Jacoby, praying for renewal of lost certificate of
Stock.
On petition of Jacob F. Schirmer, for a renewal of certificate of Stock,
alleged to be lost.
Mr. MOSES presented the Annual Abstract and Report of the Wilmington
and Manchester Railroad Company ; which was ordered to be filed in the
office of the Comptroller General.
Mr. CANNON, from the Committee to count the ballots for Treasurer of
the Upper Division on the first ballot, reported that neither candidate had
received a majority of the ballots cast.
On motion of Mr. WAGNER, a Message was sent to the House of Rep¬
resentatives proposing to go forthwith into a second ballot, and the House of
Representatives having returned a Message of concurrence, the Senate
joined the House in the ballot. Messrs. DeLoach and Fielding were appointed
the Committee on the part of the Senate to count the ballots.
The PRESIDENT laid before the Senate a paper shewing the return of
State Ordnance; which was ordered to lie on the Clerk's desk for the
inspection of Senators.
On motion of Mr. WILSON, it was ordered that when the Senate ad¬
journs it shall stand adjourned to meet to-morrow at 12 o'clock.
The Senate proceeded to the special order of the day for half-past one,
P. M. The Special order was discharged, and the same subjects were made
the Special order for to-morrow, as follows:
FOR HALF-PAST 12 O'CLOCK, P. M.
Report of the Joint Committee on the Military of the Senate and the
House.
A Bill to establish a Board of Ordnance, and an Ordnance Bureau,
and for other purposes.
SPECIAL ORDER FOR ONE O'CLOCK, P. M.
A bill to provide an Armed Military Force. Reported by the Committee
on Military and Pensions.
A bill to provide for an Armed Military Force. Reported by the Minor¬
ity of the same Committee.
On motion of Mr. MONTGOMERY, the Senate adjourned at twenty
minutes to 3, P. M.
FRIDAY, NOVEMBER 30, 1860.
39
FRIDAY, NOVEMBER 30, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Mr. DeLOACH, from the Committee appointed on the part of the
Senate to count the votes cast for Treasurer of the Upper Division, asked
leave to report, that no candidate having received a majority of all the votes
cast, there was consequently no election.
Mr. MANNING- presented the return of the Commissioners of Free
Schools for Clarendon District, for 1 8605 which was referred to the Com¬
mittee on the College, Education and Religion.
Mr. S. W. PALMER presented the return of the Commissioners of Free
Schools for St. Stephen's Parish, for the year 1860; which was referred to
the Committee on the College, Education and Religion.
The following communication was presented to the Senate by Mr. MOSES,
and was referred to the Committee on the Judiciary :
Columbia, S. C., November 28, 1860.
To the Honorable the President and other Members of the Senate:
Gentlemen : I herewith transmit to your honorable body a volume of
Law Reports, containing cases decided in the Court of Appeals and Court
of Errors, from January Term, 1859, to May Term, 1860, both inclusive.
With great respect, your obedient servant,
J. S. G. RICHARDSON.
Mr. MOSES gave notice that he will to-morrow ask leave to introduce
A Bill to amend the Charter of the Town of Sumter.
Mr. MOSES presented the favorable report of the Committee on the
Judiciary, on
A Bill to alter and amend the third section of the first article of the Con¬
stitution of this State; which Bill had been passed by the last Legis¬
lature.
On the question of agreeing to the Bill, this being a Constitutional
question, the yeas and nays were taken, and they are as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. J. Duncan Allen, Chas. Alston,
Jr., M. T. Appleby, S. W. Barker, Dixon Barnes, Robert Beaty, J. W.
Blakeney, Gabriel Cannon, Olin M. Dantzler, James E. DeLoach, F. W.
Fickling, I. K. Furman, A. C. Garlington, Jas. W. Harrison, R. L. Hart, N.
40
JOURNAL OF THE SENATE,
Heyward, John C. Hope, Charles Irby, W. R. Johnson, G. D. Keitt, Henry
D. Lesesne, R. J. Manning, J. Foster Marshall, A. Mazyclr, Samuel
McAliley, R. G. McCaw, J. C. McKewn, S. J. Montgomery, F. J. Moses,
E. G. Palmer, S. W. Palmer, Edmund Rhett, W. G. Roberds, F. J.
Sessions, Elam Sharpe, W. D. Simpson, Thos. M. Wagner, T. Edwin Ware,
Tillman Watson and B. H. Wilson.
In the affirmative, 41.
In the negative, none.
Two-thirds of the whole representation in the Senate voting in tho
affirmative, the Bill was agreed to, and returned to the Plouse of Repre¬
sentatives.
Mr. MOSES presented a report from the Committee on the Judiciary, on
A Bill to require the Circuit Judges to send with their reports to the
Appeal Court the notes of evidence taken on the trial; which was ordered
for consideration to-morrow.
The Committee on the Judiciary was discharged from the further con¬
sideration of the presentment of the Grand Jury of Charleston District, at
January Term, 1860, and of Beaufort District, at Spring Term, 1860,
relative to a Penitentiary.
Pursuant to notice, and with leave of the Senate, Mr. BxlliNES in¬
troduced
A Bill to incorporate the Central Railroad Company of South Carolina;
which received the first reading, and was referred to the Committee on the
Judiciary, and was ordered to be printed.
Pursuant to notice, and with leave of the Senate, Mr. McCAW intro¬
duced
A Bill to incorporate the York Gas Light Company; which received a first
reading, and was referred to the Committee on Incorporations and Engrossed
Acts.
On motion of Mr. DeLOACII, a Message was sent to the House of Rep-.
resentatives, proposing to go forthwith into a third ballot for Treasurer of
the Upper Division; and, the House of Representatives having concurred,
the Senate joined the House in the ballot. Messrs. Furman and Garlington
were appointed the Committee on the part of the Senate to count the
ballots.
Pursuant to notice, and with leave of the Senate, Mr. HOPE introduced
A Bill to authorize the appointment of an additional Magistrate for Lex¬
ington, in Beats Nos. 1 and 2 of the South Carolina Militia.
Mr. HOPE also presented a petition of sundry citizens of Lexington
Village, praying for the incorporation of said Village; which was referred
to the Committee on Incorporations and Engrossed Acts.
FRIDAY, NOVEMBER 80, 1860.
41
Mr. WILSON presented a return of the disbursement of the Transient
Poor Fund for Georgetown, with a petition praying the continuance of the
appropriation; which was referred to the Committee on Finance and Banks.
Mr. LESESNE presented the following petitions; which were referred to
the Committee on Incorporations and Engrossed Acts :
Of Ebenezer Thayer, Geo. Aimar, and J. Legare Jones, praying incor¬
poration as a Chapter of Rose Croix;
Of Unitarian Church of Charleston, for renewal of charter;
Of the Unitarian Clergy Society of Charleston, for incorporation; which
were severally referred to the Committee on Incorporations and Engrossed
Acts.
Mr. McALILEY gave notice that to-morrow he will ask leave to intro¬
duce
A Bill to authorize the formation of a new Volunteer Company in the
Twenty Sixth Regiment of the South Carolina Militia, to be called the Ches¬
ter Rifles, and to incorporate the same; also,
Account of James Jones, Commissioner of New State House, for building
a Retiring Room for the President of the Senate; which was referred to
the Committee on the New State House.
The Committee on the Judiciary was discharged from the petition of John
Horlbeck, against the erection of a bridge over Mazyckboro' creek, in the
City of Charleston, and it was referred to the Committee on Agriculture and
Internal Improvements; and
The same course was pursued with the memorial of John Webb and
others, Corporators of Railroad Accommodation Wharf, to erect a draw¬
bridge across Mazyekboro' creek.
Mr. LESESNE presented the report of the President of the Blue Ridge
Railroad Company, with the annual report of the Stockholders; which was
referred to the Committee on Finance and Banks, and ordered to be printed.
Mr. FICKLING presented the report of the Committee on Privileges
and Elections, on
Petition of sundry citizens of Laurens, praying the establishment of an
additional election precinct in said district; which was ordered for considera¬
tion to-morrow.
Mr. DANTZLER presented the petition of Dr. R. W. Bates, praying
compensation for post mortem examination ; which was referred to the Com¬
mittee on the Lunatic Asylum and Medical Accounts; also,
The petition of sundry citizens of Orangeburg District, praying the
passage of a law requiring special passes to be given to slaves ; which was
referred to the Committee on the Judiciary.
The Committee on Privileges and Elections was discharged from the
6
42
JOURNAL OF THE SENATE,
further consideration of the presentment of the Grand Jury of Sumter
District, for Fall Term, 1860; also,
Of presentment of the Grand Jury of Lancaster District, for Fall Term,
1860, in relation to the General Elections.
Mr. SIMPSON presented a report of the Committee on Incorporations
and Engrossed Acts, on
A Bill to incorporate the West Point Mill Company, and a petition on
the same subject; also,
A report of the same Committee, on a hill to incorporate the New Build¬
ing and Loan Association; which were ordered for consideration to-morrow.
The Committee on Incorporations and Engrossed Acts was discharged
from the further consideration of a petition from the Lexington Volunteer
Rifle Company; which was referred to the Committee on Military and
Pensions.
Mr. MARSHALL presented a report of the Committee on Military and
Pensions, on
A Bill to authorize the formation of a new Volunteer Company, to be
called the Lexington Volunteer Company, and for other purposes; which
was ordered for consideration to-morrow.
Mr. McKEWN gave notice that to-morrow he will ask leave to in¬
troduce
A Bill to provide compensation for witnesses on behalf of the State.
Mr. McKEWN presented a petition of sundry citizens of Sumterville,
praying the appointment of a special Magistrate; which was referred to the
Committee on the Judiciary.
Pursuant to notice, and with leave of the Senate, Mr. IRBY introduced,
A Bill to incorporate the Bennettsville and Society Hill Railroad Com¬
pany; which received its first reading, and was referred to the Committee
on Incorporations and Engrossed Acts.
Pursuant to notice, and with leave of the Senate, Mr. E. G. PALMER
introduced
A Bill to alter the law in relation to fish sluices in Broad River; which
received its first reading, and was ordered for a second reading to-morrow.
The Committee on Claims was discharged from the further consideration
of the account of G. A. Fink, for public printing, and the Senate granted
leave to Mr. HOPE to withdraw it from the files of the Senate.
Pursuant to notice, and with leave of the Senate, Mr. LESESNE intro¬
duced
A Bill to suspend, in part, the operation of the Usury Law; which re¬
ceived a first reading, and was referred to the Committee on the Judiciary.
FRIDAY, NOVEMBER 30, 1860.
43
The Senate proceeded to the
SPECIAL ORDERS FOR HALF-PAST 12, P. M.
On motion of Mr ALSTON, the report of the Joint Committee on
Military and Pensions of the Senate, and Military of the House of Repre¬
sentatives, was made the Special Order for Tuesday next, at 1, P. M. The
other matters of the Special Order were ordered to be placed with the
General Orders for Tuesday next, as follows, viz :
A Bill to establish a Board of Ordnance and an Ordnance Bureau, and
for other purposes;
A Bill to provide an Armed Military Force ;
A Bill to provide for an Armed Military Force.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence, viz:
Reports of Committee on Finance and Banks :
On petition of Jacob F. Schirmer, for renewal of certificate of stock
alleged to be lost;
On petition of Eliza M. Bonneau, executrix, with a similar prayer;
On petition of Mrs. Elizabeth Jacobi, with a similar prayer.
The report of the Special Joint Committee on the Public Printing being
before the Senate for consideration, Mr. E. G. PALMER moved that so
much thereof as recommends C. P. Pelham for the printing of the Senate
do lie on the table.
This question was ordered to be decided by yeas and nays, and they are
as follows:
Those who voted in the affirmative, are
Messrs. Barker, Boykin, Fickling, Hampton, Harrison, Lesesne, Manning,
Marshall, Mazyck, McAliley, Moses, E. G. Palmer, S. W. Palmer, Sessions,
Wagner, Ware, Watson and Wilson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Barnes, Beaty,
Blakeney, Cannon, Dantzler, DeLoach, Furman, Garlington, Heyward,
Hope, Irby, Johnson, Keitt, McCaw, McKewn, Montgomery, Rhett, Rob-
erds, Sharpe and Simpson.
In the affirmative, 18.
In the negative, 23.
The motion was therefore lost.
41
JOURNAL OF THE SENATE,
The report was then agreed to, and was ordered to be sent to the House
of Representatives for concurrence.
Mr. FURMAN, from the Committee appointed, on the part of the Senate,
to count the ballots for the Treasurer of the Upper Division, on the third
ballot, reported that neither candidate had received a majority of votes.
On motion of Mr. WILSON, a message was sent to the House of Repre¬
sentatives, proposing to go forthwith into a fourth ballot.
Immediately thereafter, the House of Representatives sent the following
message to the Senate :
House op Representatives, November 30, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully proposes to your body to unite forthwith in
another ballot for Treasurer of the Upper Division.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and joined in the ballot. Messrs. Hampton and
Harrison were appointed, on the part of the Senate, a Committee to count
the ballots.
Mr. WARE, from the Committee on Incorporations and Engrossed Acts,
reported
A Bill to incorporate the Greenville Gas Light Company. The Bill
received the first reading, and was ordered for a second reading to-morrow.
The House of Representatives sent to the Senate the following message j
which was ordered to lie on the table.
House of Representatives, November 30, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully requests the appointment of a Committee, to act
with a Committee of ten, consisting of Messrs McGowan, William Whaley,
Screven Weston, Pope, Glover, Stokes, Stevens, Kenneday and Richardson,
appointed by this House as a Committee of Arrangements on the Com¬
mencement of the South Carolina College.
By order of the House,
JAMES SIMONS, Speaker.
The House of Representatives also sent to the Senate
A Bill to establish a Board of Ordnance and Ordnance Bureau, and for
other purposes; which received the first reading, and was referred to the
Committee on Military and Pensions, and was ordered to be printed.
SATURDAY, DECEMBER 1, 1860.
45
Mr. McCAW gave notice that on Tuesday next he will ask leave to in¬
troduce
A Bill to incorporate the Presbyterian Church (0. S.) in Yorkville.
On motion of Mr. McCAW, it was ordered, that when the Senate adjourns,
it shall stand adjourned to meet to-morrow, at 12 o'clock.
On motion of Mr. McCAW, the Senate adjourned at twenty-five minutes
past 2 o'clock, P. M.
SATURDAY, DECEMBER 1, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The Committee on the Judiciary was discharged from the further consid¬
eration of the presentment of the Grand Jury of Lancaster District, at Fall
Term, 1860.
Mr. MOSES presented the report of the Committee on the Judiciary on
the presentment of the Grand Jury of Lexington District, Spring Term,
1860 ; which was ordered for consideration to-morrow.
Pursuant to notice, and with leave of the Senate, Mr. MOSES intro¬
duced
A Bill to amend the Charter of the Town of Sumter; which received
the first reading, and was referred to the Committee on Incorporations and
Engrossed Acts, and was ordered to be printed.
Pursuant to notice, and with leave of the Senate, Mr. McALILEY in¬
troduced
A Bill to authorize the formation of a new Yolunteer Company of Infan¬
try within the limits of the Twenty-sixth Regiment of South Carolina
Militia, to be called the Chester Rifles, and to incorporate the same; which
received the first reading, and was referred to the Committee on Military
and Pensions.
Mr. ALSTON presented the report of the Committe on Military and
Pensions, on
A Bill, from the House of Representatives, to establish a Board of Ord¬
nance and an Ordnance Bureau, and for other purposes; which was ordered
to be placed in the General Orders for Tuesday.
Mr. ALLEN gave notice that" on Tuesday next he will ask leave to
introduce
A Bill to provide for the establishment of our Foreign Diplomacy; also,
46
JOURNAL OF THE SENATE,
A Bill for the purchase of two submerged screw steam propellers, of light
draught and proper equipment, for our coast and harbor defences.
Mr. FURMAN presented reports of the Committee on the Lunatic Asy¬
lum and Medical Accounts,
On account of Dr. James H. Norman, for post mortem examination;
On account of Drs. Harrell and Norman, for postmortem examination;
On account of Dr. R. W. Bates, for post mortem examination;
On account of Dr. Jos. F. Harrell, for post mortem examination; which
were ordered for consideration on Monday.
Mr. KEITT presented a return of the Commissioners of Free Schools
for Orange Parish, for the year 1860 ; which was referred to the Committee
on the College, Education and Religion.
Mr. SIMPSON presented the return of the Commissioners of Free
Schools for Laurens District, for the year 1860; which was referred to the
Committee on the College, Education and Religion.
Mr. McKEWN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on account of Dr. A. E. Davant, for services
rendered prisoners in jail; which was ordered for consideration on Monday.
Pursuant to notice, and with leave of the Senate, Mr. McKEWN also
introduced
A Bill to "provide for the compensation of witnesses on behalf of the
State; which received the first reading, and was referred to the Committee
on the Judiciary.
Pursuant to notice, and with leave of the Senate, Mr. LESESNE
introduced
A Bill to incorporate the Charleston Railway Company of South Carolina;
which received its first reading, and was referred to the Committee on In¬
corporations and Engrossed Acts, and was ordered to be printed.
Mr. G ARLINGTON presented a petition of the Town Council and sun¬
dry citizens of the town of Newberry, praying an amendmont of their
charter; which was referred to the Committee on Incorporations and En¬
grossed Acts.
Mr. FICKLING presented a petition of C. E. Davant, jailor of Beaufort
District, praying compensation for blankets furnished to prisoners; which
was referred to the Committee on Claims and Grievances.
Mr. FICKLING, pursuant to notice, and with leave of the Senate,
introduced
A Bill for the establishment of a Coast Police for the State of South
Carolina; which received its first reading, and was referred to the Committee
on Military and Pensions, and was ordered to be printed.
SATURDAY, DECEMBER 1, 1860.
47
Mr. LESESNE presented the petition of the Vestry of G-race Church,
Charleston, praying a renewal and amendment of charter; which was
referred to the Committee on Incorporations and Engrossed Acts; also,
The petition of Lawrence Toomer, for remission of double tax; which
was referred to the Committee on Finance and Banks; also,
The petition of the Charleston Fire Company of Axmen, for a change of
charter; which was referred to the Committee on Incorporations and
Engrossed Acts.
The House of Representatives sent to the Senate
A Bill to alter and amend the third Section of the first Article of the
Constitution of this State, which had been passed by the last Legislature,
and at the present Session had received two readings in the Senate and
three readings in the House, and had been agreed to by two-thirds of the
whole representation in each House.
The Bill received the third reading, and on the question of agreeing to
the Bill, the yeas and nays were taken, and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Alston, Appleby, Barker,
Barnes, Beaty, Blakeney, Boy kin, Cannon, Dantzler, DeLoach, Fickling,
Furman, G-arlington, Hampton, Harrison, Hart, Heyward, Irby, Keitt,
Lesesne, Mazyck, McAliley, McKewn, Montgomery, Moses, E. Gr. Palmer,
S. W. Palmer, Rhett, Roberds, Sessions, Sharpe, Simpson, Wagner, Ware
and Watson.
In the affirmative, 37.
In the negative, none.
Two-thirds of the whole representation in the Senate voting in the
affirmative, the Bill was agreed to, and was returned to the House of
Representatives.
On motion of Mr. MOSES,
A message was sent to the House of Representatives, proposing to
that House that this Bill should be ratified on Tuesday next, at 1 o'clock,
P. M.
Mr. RHETT called up from the table the message from the House of Rep-
resenstatives, relative to the College commencement. The Senate concurred
in the proposal' for a Special Committee; and Messrs. Rhett, Manning,
Barker, Barnes, Heyward and Wilson, were appointed the Committee; and
a message was returned accordingly.
Mr. McALILEY gave notice that on Monday next he will ask leave to
introduce
A Bill to alter the sittings of the Courts of Law on the Northern Circuit.
48
JOURNAL OF THE SENATE,
Mr. LESESNE gave notice that on Monday next he will ask leave to
introduce.
A Bill to renew and amend the charter of G-race Church, Charleston.
Mr. HAMPTON, from the Committee appointed to count the ballots for
Treasurer of the Upper Division, on the fourth ballot, reported that J. J.
McCants had received a majority of the ballots cast; he was therefore de¬
clared by the President duly elected.
Mr. McALILEY presented the report of the Solicitor of the Northern
Circuit on District Offices and their Officers; which was referred to the
Committee on the Judiciary.
Mr. HAMPTON presented the petition of O. M. Lieber, for arrears of
salary as State Geologist; which was referred to the Committee on Claims
and G-rievances.
Mr. BARKER presented the petition of sundry citizens of St. John's,
Berkley, praying the establishment of a new road; which was referred to
the Committee on Roads and Buildings.
Mr. PALMER, from the Committee on Agriculture and Internal Im¬
provements, reported
A Bill to amend the law in relation to the sale and delivery of spirituous
liquors to slaves and free persons of color. The Bill received the first read¬
ing, and was ordered for a second reading on Monday.
Mr. HAMPTON presented the account of W. W. Purse, for work in the
Senate Chamber; which was referred to the Committee on Claims and G-riev¬
ances.
Mr. CANNON offered the following resolution :
Resolved, That the Committee on Finance and Banks be instructed to
inquire whether the compensation now paid Tax Collectors for their services
may not be reduced; also, whether the Bonds of the several Tax Collectors,
as now required by law, be sufficient to indemnify the State from loss, and
that they report by Bill or otherwise.
The resolution was agreed to, and the Committee was instructed accord¬
ingly.
Mr. ALLEN presented the petition of John McGraw, for a pension for
public services; which was referred to the Committee on Military and Pen¬
sions, and was ordered to be printed.
Mr. HAMPTON presented the petition of Anthony Hyde, for compensa¬
tion for services rendered to the State in relation to a claim against the Gen¬
eral Government; which was referred to the Committee on Claims and Griev¬
ances.
The House of Representatives sent to the Senate the report of the Special
Committee appointed to make arrangements for the Commencement of the
MONDAY, DECEMBER 3, 1860.
49
South Carolina College; which was concurred in, and returned to the House
of Representatives.
Mr. SIMPSON presented the report of the Committee on Incorporations
and Engrossed Acts, on
A Bill to incorporate the Barnwell Railroad Company; which was ordered
for consideration on Monday next, and to be printed.
Mr. LESESNE gave notice that on Monday next he will ask leave to
introduce
A Bill to incorporate the Citizen's Line Railway in Charleston.
GENERAL ORDERS OF THE DAY.
The following Bills received the second reading, were agreed to, and were
ordered to be sent to the House of Representatives :
A Bill to incorporate the Greenville Gas Light Company;
A Bill to alter the law in relation to Fish Sluices in Broad River;
A Bill to authorize the formation of a New Volunteer Company of
Infantry, to be called the Lexington Volunteer Rifle Company, and to
incorporate the same;
A Bill to incorporate the New Building and Loan Association.
The report of the Committee on Privileges and Elections, on the petition
of sundry citizens of Laurens, praying the establishment of an additional
election precinct in said district, was agreed to, and was sent to the House of
Representatives for concurrence.
On motion of Mr BARNES, it was ordered, that when the Senate
adjourns, it shall stand adjourned to meet on Monday next, at half-past 9,
A. M.
On motion of Mr. DeLOACH, the Senate adjourned at 15 minutes to
2, P. M.
MONDAY, DECEMBER 3, 1860.
The Senate met at half-past 9, A. M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of Saturday.
Mr. RHETT offered the following resolution, which, on his motion, was
ordered to lie on the table :
Resolved, That a Committee, consisting of one from each Congressional
District, be appointed to nominate suitable persons for President and four
7
50
JOURNAL OF THE SENATE,
Directors of the Bank of the State of South Carolina, and that a message
be sent to the House of Representatives, proposing to that body to appoint
a Committee for the same purpose.
At 10 o'clock, A. M., the Senate, pursuant to a previous order, suspended
business, and joined the procession, and attended the Commencement of the
South Carolina College.
At 2 o'clock, P. M., the President resumed the chair, and the Senate pro¬
ceeded with business.
Mr. HEY WARD offered the following resolution:
Resolved, That the Committee on the College, Education and Religion be
instructed to inquire and report as soon as practicable, to the Senate, the
following points :
1. How many teachers of each sex are employed in the Normal and Com¬
mon Schools, who have been introduced from the Northern. States of this
Confederacy, and how many are natives of the Southern States.
2. Whether it is, or is not, expedient, in the present political emergency,
that those who are entrusted with the education of our youth, in the public
schools of the State, should be identified with the South in feeling, educa¬
tion and interest.
The resolution was agreed to, and the committee was instructed accord-
ingiy.
Mr. BLAKE NEY offered the following resolution ; which was agreed to,
and was ordered to be sent to the House of Representatives for concurrence :
Resolved, That this General Assembly will take a recess, from the 13th
inst., at 12, M., to the second Monday in January next, at 7, P. M.
On motion of Mr. McALILEY, a call of the Senate was ordered at half-
past 2, P. M., when the following Senators answered to their names :
Hon. W. D. Porter, President; Messrs. Alston, Barker, Barnes, Beaty,
Blakeney, Bull, Cannon, DeLoach, Furman, Hampton, Harrison, Hart,
Heyward, Irby, Johnson, Lesesne, Mazyck, McAliley, McKewn, Montgom¬
ery, E. G. Palmer, S. W. Palmer, Rhett, Roberds, Sessions, Wagner and
Ware.
The further call was dispensed with.
Mr. WARE, from the Committee on Incorporations and Engrossed Acts,
Reported
A Bill to renew and amend the charter of the town of Greenville ; which
received the first reading, and was ordered for a second reading to-morrow,
and to be printed.
Mr. JOHNSON presented the account of Drs. Dudley and Moses, for
MONDAY, DECEMBER 8, 1860.
51
post mortem examination ; which was referred to the Committee on the
Lunatic Asylum and Medical Accounts; also,
The account of Dr. F. J. Moses, for post mortem examination; which
was referred to the same Committee.
Mr. McKEWN presented the report of the Commissioners of Roads for
St. James', (Goose Creek; which was referred to the Committee on Roads
and Buildings.
On motion of Mr. MAZYCK, it was ordered that when the Senate ad¬
journ, it shall stand adjourned to meet to-morrow, at 12, M.
The Committee on Claims and (Grievance^ was discharged from the further
consideration of the account of the Laurensville Herald, for public print"
ing.
Mr. HARRISON presented the reports of the Committee oh Claims and
(Grievances:
On the account of Gr. A. Fink, for public printing;
On the account of A. 0. Norris & Co., for public printing;
On the account of C. E. Davant, Sheriff, for blankets;
On the account of J. W. Arnold, Sheriff, for blankets; all of which were
ordered for consideration to-morrow.
Mr. LESESNE presented the report of the Commissioners of Free
Schools for St. Philip's and St. Michael's, for 1860; which was referred to
the Committee on the College, Education and Religion.
Mr. HARRISON submitted the presentment of the (Grand Jury of An¬
derson District, for October Term, 1860; which was referred to the Com¬
mittee on the Judiciary.
Pursuant to notice, and with leave of the Senate, Mr. LESESNE, intro¬
duced the following Bills:
A Bill to renew and amend the charter of (Grace Church, Charleston;
and
A Bill to incorporate the Citizens' Line Railway Company of Charleston,
South Carolina.
The Bills each received the first reading, and were referred to the Com¬
mittee on Incorporations and Engrossed Acts. The last named Bill was
ordered to be printed.
Mr. WILSON presented the report of the Commissioners for the estab¬
lishment and maintenance of a guard in Georgetown, and a petition for its
continuance; which was referred to the Committee on the Military and Pen¬
sions ; and also,
The return of the Commissioners of Free Schools for Prince (George,
Winyah, for 1860 ; which was referred to the Committee on the College,
Education and Religion.
On motion of Mr. WILSON, the Senate adjourned at half-past 8, P. M.
52
JOURNAL OF THE SENATE,
TUESDAY, DECEMBER 4, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Hon. E. B. BRYAN appeared in his seat in the Senate Chamber.
Mr. WATSON presented the petition of George Wise and John McNany
and others, praying an act of incorporation of St. Mark's Lutheran Church,
in Edgefield District; which was referred to the Committee on Incorpora¬
tions and Engrossed Acts.
Mr. HOPE presented the account of the Sheriff of Lexington District,
for blankets purchased and furnished prisoners in jail; which was referred
to the Committee on Claims and Grievances ; also,
Petition of the members of Mount Zion Evangelical Lutheran Church,
for the renewal of their charter of incorporation; also,
Petition of St. David's Evangelical Lutheran Church, for an act of incor¬
poration; which were referred to the Committee on Incorporations and En¬
grossed Acts.
Mr. MARSHALL presented the return of the Commissioners of Free
Schools for Abbeville District, for year the 1860; which was referred to the
Committee on the College, Education and Religion.
Mr. MARSPIALL also presented the report of the President and Secre¬
tary of the State Agricultural Society; which was referred to the Commit¬
tee on Agriculture and Internal Improvements, and was ordered to be
printed; also, *
Report of the Committee on Military and Pensions, on
A Bill to authorize the formation of a new volunteer company within
the limits of the 26th Regiment, to be called the Chester Rifles, &c.;
which was ordered for consideration to-morrow, and was ordered to be
printed.
Mr. MOSES presented a petition of sundry citizens of Sumter District,
for an act to incorporate the Tabernacle Camp Ground, of Sumter District;
which was referred to the Committee on Incorporations and Engrossed Acts.
Mr. BLAKENEY presented a petition of the citizens of Cheraw, to
extend the corporate limits of the town; which was referred to the Com¬
mittee on Incorporations and Engrossed Acts.
Mr. SIMPSON presented the reports of the Committee on Incorporations
and Engrossed Acts, on the following Bills:
A Bill to incorporate the Central Railroad Company of South Carolina;
A Bill to incorporate the Buford's Bridge Railroad Company;
TUESDAY, DECEMBER 4, 1860.
53
A Bill to incorporate the Charleston Railway Company of South Carolina;
On the petition of Joshua Lazarus and others, on the same subject;
A Bill to incorporate the Presbyterian Church of Aiken; which were
ordered for consideration to-morrow.
Mr. BOYKIN presented the petition of the Town Council of Camden,
praying an amendment of charter; which was referred to the Committee
on Incorporations and 'Engrossed Acts ; also,
The account of Thomas J. Warren, Jr., for public printing.
Mr. WILSON presented the memorial of certain citizens of Georgetown
District, against the construction of a bridge without a draw across Black
River; which was referred to the Committee on Agriculture and Internal
Improvements; also,
The memorial of the President and Directors of the Georgetown Railroad
Company, praying certain amendments of its charter; which was referred
to the Committee on Incorporations and Engrossed Acts.
Mr. MOSES presented the report of the President and Directors of the
Bank of the State of South Carolina; which was referred to the Committee
on Finance and Banks.
Mr. HART presented the petition of the Hartsville Light Infantry, for
an act of incorporation; which was referred to the Committee on Military
and Pensions.
Mr. IRBY presented the report of the Committee on Incorporations and
Engrossed Acts, on
A Bill to incorporate the Bennettsville and Society Hill Railroad Com¬
pany; and on the
Petition of the citizens of Marlboro' on the same subject; which were
ordered for consideration to-morrow, and the bill to be printed.
Mr. ALLEN presented the report of the Solicitor of the Southern Cir¬
cuit ; which was referred to the Committee on the Judiciary.
The Senate granted leave to Mr. SIMPSON to withdraw from its files
the account of the Laurensville Herald.
Mr. *HE Y W ARD presented a resolution in relation to the Common and
Normal Schools.
Mr. RHETT called up from the table a resolution for appointing a Com¬
mittee to nominate a President and Directors of the Bank of the State of
South Carolina.
The President appointed Messrs. Rhett, Barker, Johnson, McCaw, Ware,
and Hope the Committee. A message was sent to the House of Represen¬
tatives, asking the appointment of a similar Committee.
Mr. MARSHALL presented the Annual Report of the Board of Visitors
of the State Military Academy for 1860; which was referred to the Com¬
mittee on the Military and Pensions, and was ordered to be printed
54
JOURNAL OF THE SENATE,
Pursuant to notice, and with leave of the Senate, Mr. McALILEY pre¬
sented
A Bill to alter the sittings of the Courts of Law on the Northern Circuit;
which received its first reading, and was referred to the Committee on the
Judiciary.
The House of Representatives sent to the Senate the following Message :
House of Representatives, December 3, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully accepts the invitation of your body to attend in
the Senate House, at 1 o'clock, on Tuesday next, to ratify a Bill entitled A
Bill to amend the third section of the first article of the Constitution of this
State.
By order of the House,
JAMES SIMONS, Speaker.
Mr. LESESNE presented a petition of the Burns Charitable Association,
praying for an act of incorporation; which was referred to the Committee
on Incorporations and Engrossed Acts.
Mr. SIMPSON, from the Committee on Incorporations and Engrossed
Acts, reported that
A Bill to alter and amend the third section of the first article of the Con¬
stitution of the State was ready for ratification.
Immediately thereafter the Speaker and Members of the House of Repre¬
sentatives, attended by its officers, entered the Senate Chamber, and the
Bill was duly ratified in the presence of the Members of both branches of
the Legislature.
Mr. G ARLINGTON submitted the report of the Committee on Federal
Relations, on so much of the Message No. 1 of His Excellency the Gov¬
ernor, as relates to federal relations; which was ordered for consideration
to-morrow, and that it be printed, with five hundred extra copies.
The Senate proceeded to the
SPECIAL ORDER FOR 1 O'CLOCK, P. M.
The report of the Joint Committee, consisting of the Committee on
Military and Pensions of the Senate and of the Military of the House of
Representatives, in relation to the defence of this State.
The Special Order was discharged, and the report was ordered for consid¬
eration to-morrow.
TUESDAY, DECEMBER 4, 1860.
55
The Senate preceeded to the
GENERAL ORDERS OF THE DAY.
The unfavorable report of the Committee on the Judiciary on the Pre¬
sentment of the Grand Jury for Lexington, Spring Term, 1860, was
agreed to.
A Bill to incorporate the West Point Mill Company received the second
reading, and on the question of agreeing to the Bill, the yeas and nays were
ordered to be taken, and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Alston, Barnes, Beaty, Boykin,
Cannon, Dantzler, Furman, Garlington, Hampton, Harrison, Hart, Heyward,
Hope, Irby, Lesesne, Marshall, McAliley, Montgomery, Moses, Rhett,
Sessions, Sharpe, Simpson, Wagner, Ware, Watson, and Wilson.
Those who voted in the negative, are
Messrs. Allen, Barker, Blakeney, Bull, Fickling, Johnson, Keitt, Mazyck,
McKewn, E. G. Palmer, S. W. Palmer, and Roberds.
In the affirmative, 28.
In the negative, 12.
The Bill was therefore agreed to, and was ordered to be sent to the
House of Representatives.
The following Senate Bills received the second reading, were agreed to,
and were ordered to be sent to the House of Representatives, to wit:
A Bill to vest all the right and title of the State in and to certain lots of
land in the' Town of Cheraw in Elizabeth Graham;
A Bill to require the Circuit Judges to send, with their reports to the
Appeal Court, the notes of evidence taken on the trial.
A Bill to establish a Board of Ordnance and an Ordnance Bureau being
before the Senate, on the second reading,
Mr. MARSHALL moved to amend the first section, by striking out the
following words : " of the Governor of this State, the Adjutant and Inspec¬
tor General, the Ordnance Officer to be hereinafter provided for, and three
other persons, to be appointed by the Governor," for the purpose of insert¬
ing the following : " three persons to be elected by the Legislature, one to
rank as Colonel, and one to rank as Lieutenant Colonel, and one to rank as
Major, and the one having the rank of Colonel to be the Chief of the Ord¬
nance Department."
Mr. MAZYCK moved to amend the amendment, by striking out the
words " to be elected by the Legislature," and insert, in lieu thereof, " to
be appointed by the Governor."
56
JOURNAL OF THE SENATE,
Mr. ALSTON moved that both amendments do lie on the table; which
question was ordered to be decided by yeas and nays, and they are as
follows:
Those who voted in the affirmative, are
Messrs. Allen, Alston, Bames, Blakeney, Bryan, Bull, Dantzler, DeLoach,
Fickling, Furman, G-arlington, Heyward, Irby, Johnson, Keitt, Lesesne,
McKewn, Montgomery, Palmer, Bhett, Boberds and Simpson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Appleby, Barker, Beaty, Boykin,
Cannon, Hampton, Harrison, Hart, Hope, Marshall, Mazyck, McAliley,
Moses, Palmer, Sessions, Sharpe, Wagner, Ware, Watson and Wilson.
In the affirmative, 22.
In the negative, 21.
The amendments were therefore ordered to lie on the table. The Bill
was then agreed to, and was ordered to be sent to the House of Represen¬
tatives.
. On motion of Mr. APPLEBY, the report of the Committee on the
Lunatic Asylum and Medical Accounts, on the account of Drs. Harrell and
Norman, for post mortem examination, was recommitted.
A Bill to amend the law in relation to the sale and delivery of spiritu¬
ous liquors to slaves and free persons of color, was ordered to be printed.
The Senate proceeded with the second reading of
A Bill to provide an armed Military Force, which had been reported by
the Committee on the Military and Pensions; but before the reading had
been concluded, the Senate, on motion of Mr. FICKLINGi, made the Bill
the Special Order for half-past 1, P. M., to-morrow.
Mr. RHETT presented the petition of the Intendant and Wardens of
the Town of Beaufort for recharter; which was referred to the Committee
on Incorporations and Engrossed Acts.
Mr. HAMPTON presented the report of the Committee on the New
State House on the account of James Jones, Commissioner, of the expenses
of building a retiring-room for the President of the Senate; which was
ordered for consideration to-morrow.
Mr. E. Gr. PALMER presented the report of the Committee on Agricul¬
ture and Internal Improvements, on the report of the Charlotte and South
Carolina Railroad Company, for 1860; which was ordered for consideration
to-morrow.
Mr. BRYAN presented the return of the Commissioners of Free Schools
for St. John's Colleton, for I860; which was referred to the Committee on
the College, Education and Religion.
WEDNESDAY, DECEMBER 5, 1860.
57
On motion of Mr. MOSES, it was ordered, that when the Senate adjourns,
it shall stand adjourned to meet to-morrow at 12, M.
On motion of Mr. GARLINGTON, the Senate adjourned at 12 minutes
to 4, P. M.
WEDNESDAY, DECEMBER 5, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Mr. FICKLING presented a petition of the citizens of Bluffton, South
Carolina, praying the repeal of the town charter, and for other purposes;
which was referred to the Committee on Incorporations and Engrossed Acts-
Mr. DeLOACH presented a petition of sundry citizens of Prince Wil¬
liam's Parish, in relation to Haulover Cut, in South Wimbee Creek.
The Committee on Military and Pensions was discharged from the further
consideration of
The petition of the Commissioned Officers of the Pirst Regiment of
Artillery, asking an appropriation for gun sheds ; of
The presentment of the Grand Jury of Richland District, for Fall Term,
1860; of
The petition of the Hartsville Light Infantry, praying to be incorporated.
Mr. MARSHALL presented the report of the Committee on Military
and Pensions, on the petition of John McGrath, praying to be placed on the
Pension Roll; which was ordered for consideration to-morrow.
Mr. SESSIONS presented the account of Drs. Harrell and Norman, for
post mortem examination; which was ordered for consideration to-morrow.
Mr. FURMAN presented the return of the Commissioners of Free Schools
for the Parish of St. Thomas and St. Dennis, for the year 1860; which was
referred to the Committee on the College, Education and Religion.
Mr. McCAW presented a petition of sundry citizens of Yorkville, pray¬
ing amendments to the charter of said town; which was referred to the
Committee on Incorporations and Engrossed Acts.
Mr. RHETT offered the following resolution; which was unanimously
agreed to:
Resolved, That the privileges of the floor of the Senate be extended to
the Honorable William Henry Trescot, a distinguished citizen of South
Carolina, now in Columbia.
8
58
JOURNAL OF THE SENATE,
Mr. McALILEY presented the return of the Commissioners of Free
Schools for Chester District, for 1860 ; which was referred to the Committee
on the College, Education and Religion.
Mr. SIMPSON presented the petition of the Commissioners of Public
Buildings for Laurens District, to be refunded the amount paid by them for
office rent during the reconstruction of the Court House of said District;
which was referred to the Committee on Roads and Buildings.
Mr. SIMPSON presented the report of the Committee on Incorporations
and Engrossed Acts, on
A Bill to incorporate the Citizens' Railway Company of Charleston,
South Carolina; which was ordered for consideration to-morrow.
Mr. McALILEY presented the petition of the Chester Male Academy
Society, asking for a renewal and amendment of their charter ; which was
referred to the Committee on Incorporations and Engrossed Acts.-
Mr. HART presented the report of the Committee on the Lunatic Asy¬
lum and Medical Accounts, on the account of Dr. F. J. Moses, for post
mortem examination; which was ordered for consideration to-morrow.
Senate granted leave to Mr. JOHNSON to withdraw the account of Dr.
F. J. Moses, for post mortem examination.
Mr. WARE presented the reports of the Committee on Incorporations
and Engrossed Acts, on the following Bills :
A Bill to renew and amend the charter of Grace Church, Charleston;
and,
A Bill to incorporate the York Gas Light Company.
The reports were ordered for consideration to-morrow, and the last named
Bill was ordered to be printed.
Mr. WARE presented the petition of the Board of Trustees of the Gail-
lard School, at Greenville, for an Act of Incorporation; which was referred
to the Committee on Incorporations and Engrossed Acts.
Mr. IRBY presented the petition of sundry citizens of Marlboro'
District, praying for enlai-ging the powers and jurisdiction of the Ordinary •
which was referred to the Committee on the Judiciary.
Mr. McKEWN presented the return of the Commissioners of Free Schools,
for St. James', Goose Creek, for 1860; which was referred to the Commit¬
tee on the College, Education and Religion.
Mr. LESESNE presented the petition of the Charleston Board of Fire-
masters, in opposition to the prayer of the Charleston Fire Company of
Axemen; which was referred to the Committee on Incorporations and En¬
grossed Acts.
Mr. HARRISON presented the reports of the Committee on Claims and
Grievances on the following, viz:
WEDNESDAY, DECEMBER 5, 1860.
59
The petition of James W. Harrison, for compensation for finding and
burying the body of George Keerison;
Account of the Sheriff of Lexington, for blankets;
Petition of 0. M. Lieber, late State Geologist;
Account of W. W. Purse, for work in Senate Chamber; which were
ordered for consideration to-morrow.
Mr. FICKLING gave notice that he will to-morrow ask leave to intro¬
duce
A Bill to amend an Act entitled " An Act to establish a separate Court of
Appeals," ratified on the 19th day of December, A. D., 1859; and also,
A Bill to amend the law in relation to the Limitation of Actions.
Mr. LESESNE presented the petition of the Board of Field Officers of
the Fourth Brigade of South Carolina Militia, asking aid; which was
referred to the Committee on Military and Pensions.
The Senate then proceeded to the
GENERAL ORDERS OF THE DAY.
The following Bills received the second reading, were agreed to, and
were ordered to be sent to the House of Representatives :
A Bill to authorize the formation of a new volunteer company of Infantry
within the limits of the Twenty-Sixth Regiment of South Carolina Militia,
to be called the Chester Rifles, and to incorporate the same;
A Bill to amend the law in relation to the sale and delivery of spirituous
liquors to slaves and free persons of color;
A Bill to renew and amend the charter of the town of Greenville;
A Bill to incorporate the Barnwell Railroad Company.
A Bill to establish a Board of Ordnance and an Ordnance Bureau, and
for other purposes, which had been reported by the Joint Committee on
Military and Pensions on the part of the Senate, and the Committee on the
Military on the part of the House of Representatives, was, on motion of Mr.
ALSTON, ordered to lie on the table.
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence :
The reports of the Committee on Claims and Grievances
On the account of Dr. A. E. Davant for services to prisoners in jail;
On the account of G. A. Fink for public printing;
On the account of A. 0. Norris & Co., for printing;
On the account of C. E. Davant, Sheriff, for blankets;
On the account of J. W. Arnold, Sheriff, for blankets;
On the account of Dr. Jas. H. Norman, for post mortem examination;
On the account of Dr. Jos. F. Harrell, for post mortem examination;
60
JOURNAL OP THE SENATE,
On the account of Dr. R. W. Bates, for post mortem examination.
At half-past 1, P. M., the Senate proceeded to the
SPECIAL ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
A Bill to provide an Armed Military Force, and, after some time spent
therein,
Mr. BRYAN moved an amendment; which was ordered to he printed.
The Bill and all pending amendments were referred to the Committee of
the whole Senate, ordered to sit to-morrow at half-past 12 o'clock, M.
On motion of Mr. CANNON, it was ordered, that when the Senate ad¬
journs, it shall stand adjourned to meet to-morrow, at 12 o'clock.
Message No. 3 was received from His Excellency the Governor, and was
read and ordered to he printed.
So much as refers to Mr. Black's agency, was referred to the Committee
on Claims and Grievances; and
So much as refers to the Deaf, Dumb and Blind, was referred to the Com¬
mittee on the College, Education and Religion.
Mr. WILSON presented the report of the Committee on Commerce,
Manufactures and the Mechanic Arts, on so much of the Message No. 1
of the Governor, as relates to the Naval School; which was ordered for
consideration to-morrow.
The Committee on the Judiciary was discharged from the further con¬
sideration of the following papers:
The petition of the City Council of Charleston, praying that the fines for
violation of the law in relation to selling liquor without license, and unlaw¬
ful trading with negroes, within said city, be paid into the City treasury;
The presentment of the Grand Jury for Charleston District, at January
Term, 1860, in relation to free negroes riding in carriages and public
vehicles.
The report of the Committee on the Lunatic Asylum and Medical
Accounts
On the account of Drs. Dudley and Moses, was agreed to, and the Senate
granted leave to Mr. JOHNSON to withdraw the account.
The following Bills received the second reading, were agreed to, and
were ordered to be sent to the House of Representatives :
A Bill to incorporate the Centra] Railroad Company of South Carolina;
A Bill to incorporate the Buford's Bridge Railroad Company.
On motion of Mr. APPLEBY, the Senate adjourned at a quarter-past
3, P. M.
THURSDAY, DECEMBER 6, 1860.
61
THURSDAY, DECEMBER 6, 1860
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives sent to the Senate the following messages:
House of Representatives, December 5, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully concurs in the proposition of your body, and has
appointed Messrs. O'Connor, Howard, Screven, Lomax, Bates and Nelson, a
Committee of this House, to act with the Senate Committee in nominating
suitable persons for President and four Directors of the Bank of the State
of South Carolina.
By order of the House,
JAMES SIMONS, Speaker.
House of Representatives, December 1, 1860.
Mr President, and Gentlemen of the Senate :
This House respectfully informs your body, that it has appointed Messrs.
O'Connor, Howard, Screven, Lomax, Bates and Nelson, a Committee of one
from each Congressional District, to nominate suitable persons for President
and four Directors of the Bank of the State of South Carolina, and requests
the appointment of a similar Committee by the Senate.
By order of the House,
JAMES SIMONS, Speaker.
The last-named message was ordered to lie on the table.
The President laid before the Senate the Annual Private Report of the
President of the Bank of the State of South Carolina; which was ordered
to lie on the Clerk's table, for the inspection of Senators; also,
The report of the Solicitor of the Middle Circuit; also,
The report of the Solicitor of the Eastern Circuit on District Offices;
which was referred to the Committee on the Judiciary; also,
The Comptroller General's Report for 1860; which was referred to the
Committee on Finance and Banks, and was ordered to be printed.
The House of Representatives sent to the Senate
A Bill to provide an Armed Military Force; which received its first read¬
ing, and was ordered to be printed, and referred to the Committee of the
Whole, to-morrow, at half-past 12, P. M., together with the subjects em-
62
JOURNAL OF THE SENATE,
braced in tbe Special Order for this day, at half-past 12, P. M.; which was
discharged for that purpose.
Mr. HOPE presented the petition of Emanuel Taylor and J. L. Wes-
singer, native citizens of Lexington District, praying to be refunded the
sum paid for a license to sell tobacco, supposed to be necessary to become
itinerant salesmen; which was referred to the Committee on Finance and
Banks.
Pursuant to notice, and with leave of the Senate, Mr. FICKLING intro¬
duced
A Bill to amend an Act entitled " An Act to establish a separate Court of
Appeals •/' also,
A Bill to amend the law in relation to the Limitation of Actions; which
received the first reading, and were referred to the Committee on the Ju¬
diciary, and were ordered to be printed.
Pursuant to notice, and with leave of the Senate, Mr. McCAW intro¬
duced
A Bill to incorporate the Presbyterian Church of Yorkville; which
received the first reading, and was referred to the Committee on Incorpora¬
tions and Engrossed Acts.
Mr. BOYKIN submitted the presentment of the Grand Jury of Kershaw
District, for Fall Term, 1860, in relation to slaves hiring their own time ;
also,
In relation to the Ordinary's office ; which were referred to the Committee
on the Judiciary; also,
The presentment of the Grand Jury of Kershaw District, for Fall Term,
1860 ; which was referred to the Committee on Agriculture and Internal
Improvements.
Mr. WILSON, from the Committee on Commerce, Manufactures and the
Mechanic Arts, introduced
A Bill to amend an Act entitled " An Act to enlarge and extend the
powers of the Governor, and of the City Council of Charleston, over quaran¬
tine, and for other purposes," passed on the twentieth day of December, in
the year of our Lord one thousand eight hundred and thirty-two; which
received the first reading, and was ordered for consideration to-morrow, and
to be printed.
The Committee on Claims was discharged from the further consideration
of the petition of James R. Todd, praying compensation for injuries sus¬
tained by the opening of a public highway over his lands; and it was
referred to the Committee on Roads and Buildings.
Mr. HARRISON presented the petition of sundry citizens of the town
of Anderson, praying that no change be made in the charter of said town;
THURSDAY, DECEMBER 6, 1860.
68
which was referred to the Committee on Incorporations and Engrossed
Acts; also,
The report of the Committee on Claims and Grievances, on the account
of R. W. Gibbes, for public printing and binding; which was ordered for
consideration to-morrow; also,
The report of the same Committee on the account of Thos. J. Warren,
for public printing; which was ordered for consideration to-morrow.
Mr. JOHNSON presented the claim of Lawson Lawrence, for services
rendered the State of South Carolina; which was referred to the Committee
on Claims and Grievances.
Mr. SHARPE presented the report of the Commissioners of Free
Schools for Pickens District; which was referred to the Committee on the
College, Education and Religion ; also,
The report of the Keowee and Tuckaseegee Turnpike Road, in Pickens
District; which was referred to the Committee on Roads and Buildings.
Mr. LESESNE presented the petition of the Blue Ridge Railroad Com¬
pany, praying that provision be made for payment of the interest on the
Bonds of the State, issued under the Act of 1859; which was referred to
the Committee on Finance and Banks.
The PRESIDENT laid before the Senate the report of the Solicitor of
the Western Circuit on District Offices and Officers.
Mr. McALILEY presented the report of the Committee on Finance and
Banks, on
A Bill to afford aid to the G-reenville Railroad Company, in regard to the
re-adjustment of their debt.
Mr. DeLOACH presented the petition of Robert Chisolm, Commissioner
of Roads, against the exemption of certain hands from road duty; which
was referred to the Committee on Roads and Buildings.
The Senate proceeded to the
HENERAL ORDERS OF THE DAY.
The following Bills received the second reading, were agreed to, and
were ordered to be sent to the House of Representatives:
A Bill to incorporate the Charleston Railway Company of South Carolina;
A Bill to incorporate the Presbyterian Church of Aiken;
A Bill to incorporate the Bennettsville and Society Hill Railroad Com¬
pany;
A Bill to incorporate the York G-as Light Company;
A Bill to incorporate the Citizens' Line Railway Company of Charleston,
South Carolina;
A Bill to renew and amend the charter of Girace Church, Charleston.
64
JOURNAL OF THE SENATE,
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence :
The reports of the Committee on Claims and Grievances
On the petition of J. W. Harrison.
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence :
Report of the Joint Committees on Military of the Senate and the House
of Representatives (Appropriating $400,000 ;)
Favorable report of the Committee on the New State House on the account
of James Jones, Commissioner;
Report of the Committee on Military and Pensions on the petition of
John McGrath, praying to be placed on the Pension Roll;
Report of the Committee on Claims and Grievances, on the account of
the Sheriff of Lexington District, for blankets furnished prisoners in jail;
Report of the same Committee on the petition of Oscar M. Lieber, late
State Geologist, for arrear of salary ;
Report of the same Committee on the petition of James W. Harrison,
praying compensation for finding and burying the body of George Keerison;
Report of the same Committee on the account of W. W. Purse, for work
done in the Senate Chamber;
Report of the Committee on Commerce, Manufactures and the Mechanic
Arts,
On so much of Message No. 1 of His Excellency the Governor, as re¬
lates to the Naval School of Charleston; and the petition of the Trustees
of said School, praying a continuation of the appropriation for the benefit
of the same.
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts
On the account of Dr. F. J. Moses, was ordered to lie on the table.
The report of the Committee on Agriculture and Internal Improvements
On the report of the Charlotte and South Carolina Railroad Company,
was agreed to, and the report was ordered to be filed in the office of the
Comptroller General.
The House of Representatives sent to the Senate
A Bill to establish a Board of Ordnance and an Ordnance Bureau, and
for other purposes, which had received two readings in the Senate and three
readings in the House of Representatives. The Bill received the third
reading, and it was resolved that the bill do pass; that the title thereof be
changed; that it be called An Act, and be returned to the House of Repre¬
sentatives.
The General Orders, and all other business before the Senate, was dis¬
posed of.
FRIDAY, DECEMBER 7, 1860.
65
On motion of Mr. HAMPTON, it was ordered, that when the Senate
adjourns, it shall stand adjourned to meet to-morrow at 12 o'clock, M.
On motion of Mr. HARRISON, the Senate adjourned at 15 minutes to
2, P. M.
FRIDAY, DECEMBER 7, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The PRESIDENT laid before the Senate the report of the Commissioner
of the Code of Statute Law to the General Assembly of South Carolina;
which was referred to the Committee on the Judiciary.
Mr. BEATY presented the return of the Commissioners of Free Schools
for Union District, for 1860 ; which was referred to the Committee on the
College, Education and Religion.
Mr. DeLOACH presented the report of the Commissioner of the Lower
District of Prince William's Parish, in relation to the cut in Wimbee Creek;
also,
Certificates of members of said Board in relation thereto; which were
referred to the Ccfmmittee on Roads and Buildings.
The Committee on the Judiciary was discharged from the further consid¬
eration of the presentment of the Grand Jury for Charleston, on the subject
of prosecutions for petty assaults and their increase, and on the
Presentment of the Grand Jury for Chesterfield, on the subject of the
indiscriminate summoning of witnesses in State cases.
Mr. MOSES presented the report of the Committee on the Judiciary, on
A Bill to provide for the compensation of witnesses on behalf of the
State; which was ordered for consideration to-morrow.
The PRESIDENT laid before the Senate the Report of the Comptroller
General on Contingent Accounts against the Lower Division of the Treasury;
which was referred to the Committee on Accounts and Vacant Offices.
Mr. FICKLING presented the petition of the Beaufort District Troop,
for the renewal of charter; which was referred to the Committee on Incor¬
porations and Engrossed Acts.
Mr. HART presented the petition of the Darlington Agricultural Society,
praying for an Act of Incorporation; which was referred to the Committee
on Incorporations and Engrossed Acts; also,
The petition of the Darlington Guards, praying for an Act of Incorpora¬
tion ; which was referred to the Committee on Military and Pensions.
9
66 JOURNAL OF THE SENATE,
The Committee on Incorporations and Engrossed Acts was discharged
from the further consideration of the memorial of Georgetown Railroad; and
it was referred to the Committee on Agriculture and Internal Improvements.
Mr. FICKLING presented the petition of sundry citizens of Bluffton,
praying that the charter of the Town of Bluffton he not repealed; which
was referred to the Committee on Incorporations and Engrossed Acts.
Mr. SIMPSON gave notice that he will to-morrow, or on some subsequent
day, ask leave to introduce
A Bill to alter and amend the charter of the Laurens Railroad Company.
Mr. LESESNE presented the petition of " the Charleston Ladies' Asso¬
ciation," for the relief of needy widows and orphans, praying an Act of
Incorporation; which was referred to the Committee on Incorporations and
Engrossed Acts.
Mr. HARRISON presented the petition of Alamine Atkins and others,
praying that all the right, title and interest of the State, in certain real and
personal estate liable to escheat, may be vested in the petitioners; which
was referred to the Committee on the Judiciary.
Mr. LESESNE presented the petition of the Mechanics, Artizans and
others, of the City of Charleston, praying the enactment of a law to prevent
free negroes or persons of color from carrying on any trade, calling or occu¬
pation in their own name, or the name of others ; which was referred to the
Committee on the Judiciary.
Mr. IRBY presented the account of H. Judge Moore & Co., for public
printing, in 1860; which was referred to the Committee on Claims and
Grievances.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence :
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts, on the account of Drs. Harrell and Norman, for postmortem exami¬
nation ;
The report of the Committee on Claims and Grievances, on the account
of R. W. Gibbes, for public printing and binding;
The report of the same Committee on the account of Thomas J. Warren,
for public printing;
The report of the Committee on Finance and Banks, on the memorial of
the Greenville Railroad Company, for aid of the State in the re-adjustment
of their debt; and on a Bill on that subject, and the substitute recom¬
mended by the Committee; which were, on motion of Mr. GARLINGTON,
FRIDAY, DECEMBER 7, 1860.
67
ordered to be made the Special Order of the day for Monday next, at 1
o'clock, P. M.
At half-past 12, P. M., the Senate proceeded to the Special Order for
this hour
A Bill to provide an Armed Military Force. (Senate—reported by the
Committee on Military and Pensions.)
A Bill to provide an Armed Military Force. (Reported by minority of
the same Committee. Offered as a substitute.)
(House Bill) To provide an Armed Military Force.
Pursuant to the order previously made, the Senate resolved itself into a
Committee of the Whole, Mr. LESESNE, one of the Senators from St.
Philip's and St. Michael's, in the Chair. After some time spent therein,
the Committee rose, the President resumed the Chair, and the Senate pro¬
ceeded with business.
Message No. 4 was received from His Excellency the Governor, and was
read by the Executive Secretary :
Executive Department, Columbia, December 7, 1860.
Gentlemen of the Senate and House of Representatives:
Allow me, in this, my last official communication, a parting word. South
Carolina, aftejmany long years of earnest but fruitless efforts to arrest the
progress of fanaticism, and stay the hand of aggression upon her rights by
the Northern States of the Confederacy—after vain reniionstrance and solemn
assurance that a free people could never submit to inequality and degrada¬
tion—has at last determined, with unparalleled unanimity, to sever the
bonds that bind her to those States, and part company with those that treat
her citizens as aliens and enemies, rather than friends and brethren.
The comparatively small Star which represents her on the national ban¬
ner, and which has hitherto illumined the path of the traveller in search of
Constitutional liberty, must henceforth quit its appointed place, and shine
only on a banner consecrated to Equality, Justice, and Southern Rights.
To permit it to remain longer in its present association, would only dim its
lustre, and ultimately quench its light.
We were told by our great statesman, that the cords of the Union were
snapping one by one, and now the last is broken. Could he have lived to
witness our regeneration, he would feel himself amply rewarded for all his
toils and sacrifices; and would say, like Simeon of old, " Lord, now lettest
thou thy servant depart in peace."
A few more days, and the act of secession will be consummated by the
solemn ordinance of a Convention of the people; and the glad tidings will
go forth with lightning speed to every Southern State, to rejoice the hearts
68
JOURNAL OF THE SENATE,
and cheer the drooping spirits of millions anxiously awaiting the signal for
a general deliverance.
We have progressed, thus far, with firm and even tread—with calmness
and deliberation—hut with a constancy of purpose not to be shaken by dan¬
ger or suffering. A single pause, or the least vacillation, and all will be
lost. However anxious we may be for co-operation, or however certain we
may be of obtaining it, let us first move ourselves, as the best means of effect¬
ing that object, and having forever closed the door from which we have
passed out of the Union, so that no insidious devices of the enemy or false
promises of pretended friends can avail to open it; then, and not till then,
may we with safety seek co-operation, and unite with other States who have
resumed their sovereignty, and are prepared to form a more perfect Union,
and share with us a common destiny.
Every sentinel should remain at his post, and not relax a fibre until the
great work is completed, the great battle fought, and glorious victory won.
The delay of the Convention, for a single week, to pass the Ordinance of
Secession, will have a blighting and chilling influence upon the action of
the other Southern States; and the opponents of the movement everywhere
will be encouraged to make another effort to rally their now disorganized
and scattered forces, to defeat our action, and stay our onward march. Fa-
bius conquered by delay, and there are those of his school, though with
more unworthy purpose, who, shrinking from an open and* manly attack,
use this veil to hide their deformity, and from a masked battery discharge
their missiles; but I trust they will strike the armor of truth, and fall
harmless at our feet, and that by the 25th December no flag but the Pal¬
metto will float over any part of South Carolina.
It only remains for me to request the appointment of a Committee to
examine the accounts of the Executive Department, and to inform you that
I have no further communication to make.
WM. H. GIST.
On motion of Mr. GARLINGTON, the Message was ordered to be
printed, and a Committee on the contingent accounts was ordered.
The following message was received from the House of Representatives :
House of Representatives, December 7, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully informs your body, that Messrs. Buist, Aldrich
and Tracy have been appointed a Committee of this House to examine the
accounts of the Executive Department, and asks the appointment of a simi-*
lar Committee by the Senate, to act jointly with the House Committee.
By order of the House,
JAMES SIMONS, Speaker.
SATURDAY, DECEMBER 8, 1860.
69
The Senate concurred, Messrs. Garlington, Simpson and McCaw, were
appointed the Committee, and a message was returned accordingly.
Mr. PALMER, from the Committee on Agriculture and Internal Im¬
provements, reported
A Bill to declare a certain portion of Pour Holes Creek a navigable
stream.
The Bill received the first reading, and was ordered for a second reading
to-morrow, and to be printed.
Mr. WILSON presented the petition of the Georgetown Rifle Guards for
incorporation ; which was referred to the Committee on Incorporations and
Engrossed Acts.
Mr. BULL presented the return of the Commissioners of Pree Schools
for St. Andrews, for 1860; which was referred to the Committee on the
College, Education and Religion.
The House of Representatives sent to the Senate the report of the Com¬
mittee on Claims and Grievances ; also,
The petition of S. Henry Jones, Captain of the Abbeville Artillery, pray¬
ing arrears of expenses due said Company; which was referred to the Com¬
mittee on Claims and Grievances; also, the following Bills:
A Bill to increase the salary of the Governor of this State; and
A Bill to alter and amend the tenth section of the first article of the Con¬
stitution of the 'State of South Carolina; which last Bill had been passed by
the last Legislature. The Bills severally received the first reading, and the
first-named Bill was referred to the Committee on Pinance and Banks; and
the second to the Committee on Privileges and Elections.
On motion of Mr. WILSON, it was ordered, that when the Senate
adjourns, it shall stand adjourned to meet to-morrow, at 12 o'clock, M.
On motion of Mr. GARLINGTON, the Senate adjourned at 4 o'clock,
P. M.
SATURDAY, DECEMBER 8, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Mr. CANNON presented the report of the Committee on Roads and
Buildings, on the presentment of the Grand Jury for Marlboro' District,
Spring Term, 1860 ; also,
Report of the same Committee on the presentment of the Grand Juries
70
JOURNAL OF THE SENATE,
for Edgefield District, for Spring and Fall Terms, 1860 ; which were ordered
for consideration on Monday next.
The PRESIDENT laid before the Senate a communication from the man¬
agers of election for St. Mathew's Parish, as follows :
To the Honorable the Senate and House of Representatives :
We, the undersigned, two of the Managers of Elections for St. Mathew's
Parish, deputed for that purpose, respectfully represent, that at the election
held on the 6th instant, for Delegates to the Convention of the People of
this State, only one person received the requisite number of votes—the two
remaining candidates having received an equal number of votes. The
managers have, therefore, been unable to declare the election as to more
than one delegate, while the Parish is entitled to two delegates.
SEBASTIAN F. FELDER,
D. D. JONES.
Columbia, December 8, 1860.
Mr. DANTZLER offered the following resolution :
Resolved, That the Managers of Elections for St. Mathew's Parish be
authorized and required to open the Polls, and hold an election for one
Delegate to the Convention of the People of this State, called by an Act
entitled " An Act to provide for the calling of a Convention of the People
of this State," ratified the thirteenth day of November, in the year of our
Lord one thousand eight hundred and sixty, on Friday, the fourteenth day
of December, (instant,) and that the said Managers shall meet on the day
thereafter, and count the votes and declare the election.
On the question of agreeing, the yeas and nays were taken, and they are
as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Bryan, Bull, Dantzler,
DeLoach, Furman, Harrison, Keitt, McKewn and Roberds.
Those who voted in the negative, are
Messrs Alston, Appleby, Barker, Barnes, Beaty, Blakeney, Boykin, Can¬
non, Fickling, Darlington, Hampton, Hey ward, Hope, Irby, Lesesne, Man¬
ning, Marshall, Mazyck, McAliley, McCaw, Montgomery, Moses, Palmer,
Rhett, Sessions, Simpson, Wagner, Ware, Watson and Wilson.
In the affirmative, 11.
In the negative, 30.
The resolution was, consequently, not agreed to.
SATURDAY, DECEMBER 8, 1860.
71
The President, before voting, assigned the reasons of his vote as follows:
It is for the Legislature to provide for the calling of the Convention, and
to do all that is necessary to insure the election of members for all the dis¬
tricts and parishes. If it had keen brought to the notice .of the Legislature
that the Managers had not opened the polls in any election precinct, it
would be their right and duty to take steps for the holding of the election,
if it could be done in time. And so in any other case of default or failure
of election.
Nor does such action interfere with the undoubted right of the Conven¬
tion to judge of the returns and qualifications of its own members. Who¬
ever presents himself and claims a seat in the Convention, will be subject
to the right of the body to pronounce judgment upon his claims.
In a word, it is the province of the Legislature to see that elections are
held and members returned, and it is the province*of the Convention to
determine who are entitled to membership. If two or more persons claim
a seat, the Convention will decide between them, and so sit in judgment on
the action of the Legislature in the last resort.
It having been brought to our notice that there is a default or failure of
election for the member in St. Mathew's Parish, I think it competent for
the Legislature to order a new writ. I therefore vote aye upon the resolution.
Mr. APPLEBY offered the following resolution ; which was agreed to :
Resolved, That the Keeper of the State House be, and he is hereby,
directed to extend the Screen on the south side of the Senate Chamber, so
as to protect the members from the heat of the fire.
Mr. DeLO ACH presented the petition of sundry citizens of Prince Will¬
iam's Parish, praying that T. H. Spann be appointed Commissioner on
Haulover Cut; which was referred to the Committee on Roads and Buildings.
Mr. RHETT presented the report of the Special Joint Committee to
nominate President and Directors of the Bank of the State of South Caro¬
lina ; which was ordered to lie on the table, and to be printed, as follows:
The Special Joint Committee, to whom it was referred to nominate suit¬
able persons for President of the Bank of the State of South Carolina, and
for Directors to fill the vacancy in Class No. 2, beg leave to report, that
they have made the following nominations :
For President—CHARLES M. FURMAN.
For Directors to Fill Class No. 2,
THOMAS RYAN,
C. V. CHAMBRRLAIN,
J. H. STEINMEYER,
W. W. SMITH.
72
JOURNAL OF THE SENATE,
The House of Representatives sent to the Senate the following papers :
Report of the Committee on the Judiciary
On the account of McCarter & Dawson, for certain volumes of Law and
Equity Reports re-printed by them; which was referred to the Committee on
Claims and Grievances.
Reports of the Medical Committee
On the account of Dr. J. C. Mullins, for post mortem examination;
On the account of Octavius A. White, for post mortem examination;
which were referred to the Committee on the Lunatic Asylum and Medical
Accounts:
Reports of the Committee on Claims; which were referred to the Com¬
mittee on Claims and Grievances
On the account of Samuel Watson, for articles furnished prisoners in
jail;
On the account of Pendleton Messenger, for public printing;
On the account of Fairfield Herald, for public printing;
On the account of W. J. Graham, Sheriff of Horry District;
On the account of Tilman H. Clark, for the board of a prisoner in jail;
On the account of Fielder Gossett, for blankets furnished prisoners in
jail.
The House of Representatives also sent to the Senate the following Bills:
A Bill to authorize the issue of Certificates or Stock to provide for the
Military defence of the State; which received its first reading, and was
referred to the Committee on Finance and Banks, and to be printed;
A Bill to incorporate the West Point Mill Company; which received its
first reading, and was ordered to lie on the table.
Mr. MOSES offered the following resolution; which was agreed to :
Resolved, That it be referred to the Committee on the Military and Pen¬
sions, to inquire and report what measures are necessary for the protection
and defence of the sea-coast of the State, and that they have leave to report
by Bill or otherwise.
Pursuant to notice, and with leave of the Senate, Mr. ALLEN intro¬
duced
A Bill to provide for the establishment of our Foreign Diplomacy; which
received its first reading, and was referred to the Committee on Federal
Relations.
Mr. DeLOACH gave notice that on Monday, or on some subsequent day,
he will introduce
A Bill to alter and amend the fifteenth section of an Act entitled " An
Act to reduce all Acts and clauses of Acts in relation to the Patrol of this
State into one Act, and to alter and amend the same."
SATURDAY, DECEMBER 8, 1860.
73
Mr. FICKLING- presented the petition of sundry citizens of St. Luke's,
for a Coast Police ; and also,
The report of the Committee on the Judiciary on
A Bill to amend an Act entitled " An Act to establish a separate Court
of Appeals ;" which was ordered for consideration on Monday next.
The House of Representatives sent to the Senate resolutions for the
appointment of proxies to represent the Stock of the State in the Spartan¬
burg and Union Railroad Company ; which were referred to the Committee
on Agriculture and Internal Improvements.
The Committee on the Judiciary was discharged from the further con¬
sideration of the hills for printing a portion of the Code; and the same
were referred to the Committee on Claims and Grievances.
Mr. MOSES submitted the report of the Committee on the Judiciary
On the report of the Commissioner on the Code, recommending the
distribution among the members of the Legislature and the Courts of
Appeal. The report was ordered for immediate consideration, was agreed to,
and was ordered to be sent to the House of Representatives for concurrence.
Mr. WILSON presented the petition of sundry citizens of the Town and
District of Georgetown, praying the continuance of the Police Guard in
said town.
Mr. WARE submitted the report of the Committee on Incorporations
and Engrossed Acts, on
A Bill to incorporate the Presbyterian Church; which was ordered for
consideration on Monday next.
Mr. ALSTON offered the following resolution; which, on consideration,
was rejected:
Resolved, That the Reporters of the Charleston Mercury and Courier,
and the Columbia Guardian and Carolinian, be allowed seats on the floor of
the Senate, and that the Doorkeeper be ordered to admit no others without
further order of the Senate.
Mr. LESESNE submitted the following report:
The Committee of the whole Senate, to whom was referred the following
papers, viz.: " A Bill to provide an Armed Military Force," (Senate Bill,
reported by the Committee on Military and Pensions;) " A Bill to provide
an Armed Military Force," (reported by minority of same committee ;) also,
a House "Bill to provide an Armed Military Force," report, That they
have considered the same, and ask leave to report to the Senate " The Bill
to provide an Armed Military Force," reported by the Committee on Mili¬
tary and Pensions, and recommend its passage, with the following amend-
10
74
JOURNAL OF THE SENATE,
ment, (Here follows Mr. Marshall's amendment, as amended by the Com¬
mittee of the Whole,) and that they be discharged from the further consid¬
eration of the other matters referred to them.
The report was ordered to lie on the table.
The House Bill was then taken up, and amended by substituting the
amendment of Mr. MARSHALL therefor, by striking out all after the
enacting clause. The title of the same Bill was also so amended that it
reads, " A Bill to provide a Military Force."
The Bill, as amended, received the s^pond reading, was agreed to, and
was ordered to be returned to the House of Representatives.
The other subjects referred to the Committee were ordered to lie on the
table.
Pursuant to notice, and with leave , pf the Senate, Mr. ALLEN intro¬
duced
A Bill to provide for our Coast and Harbor Defences; which received
the first reading, and was referred to the Committee on Military and Pen¬
sions, and was ordered to be printed.
On motion of Mr. WAGNER, it was ordered that a message be sent to
the House of Representatives, proposing to go into a ballot for Governor of
the State on Tuesday, at 1 o'clock, P. M., and immediately thereafter for
Lieutenant Governor.
Mr. HARRISON offered the following resolution; which was considered
and agreed to:
Resolved, That the Commissioner of the new State House furnish the
Senate, at his earliest convenience, with an approximate estimate of the cost
of finishing the walls and putting the permanent roof on the said building.
Also, the cost of a temporary roof.
Also, the probable loss to the State, resulting from a recision of contracts
already entered into by the Commissioner, by and with the consent of the
contractors.
Also, whether any, or all, of the said contractors would receive, in pay¬
ment for work and materials, the bonds of the State, at par, or at such
rates as may be fixed by the Legislature, provided such contracts were con¬
tinued.
Mr. SIMPSON presented the account of the Laurensville Herald, for
public printing; which was referred to the Committee on Claims and
Grievances.
The following message was received from the House of Representatives,
and concurred in:
MONDAY, DECEMBER 10, 1860.
75
House op Representatives, December 8, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully proposes to your body to unite in a ballot for
Governor at 1 o'clock, P. M., on Tuesday next.
By order of the House,
JAMES SIMONS, Speaker.
Mr. SIMPSON presented the report of the Committee on Incorporations
and Engrossed Acts, on
A Bill to amend the charter of the town of Sumter; which was ordered
for consideration on Monday next. fj'
On motion of Mr. HARRISON, % was ordered, that when the Senate
adjourns, it shall stand adjourned to meet on Monday, at 12 o'clock, M.
On motion of Mr. SESSIONS, the Senate adjourned at 2 o'clock, P. M.
MONDAY, DECEMBER 10, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of Saturday.
ADDITIONAL SENATOR.
The Hon. C. R. BOYLE, Senator from St. Paul's, appeared at his seat
in the Senate.
Mr. MOSES presented the report of the Committee on the Judiciary, on
the reports of the Solicitors of the Northern, Southern, Eastern, Western
and Middle Circuits, on District Offices and Officers ; also,
The report of the same Committee on the account of McCarter & Dawson,
for sixty-two copies of the twelfth volume of Richardson's Law Reports;
which were ordered for consideration to-morrow.
Mr. MOSES also presented the petition of sundry citizens of Sumter,
for a Magistrate, in place of one deceased ; which was referred to the Com¬
mittee on Accounts and Vacant Offices; also,
The report of the Committee on the Judiciary, on the account of McCar¬
ter & Dawson, for re-printing Law and Equity Reports; which was ordered
for consideration to-morrow.
76
JOURNAL OF THE SENATE,
Mr. McALILEY presented the report of the Committee on Finance and
Banks, on
A Bill, which had passed the House of Representatives, to increase the
salary of the Governor ; also,
The report of the same Committee, on the petition of Taylor and Wes-
singer, asking to he refunded a sum paid by them for license to sell tobacco;
which were ordered for consideration to-morrow.
Mr. CANNON presented the report of the Committee on Roads and
Buildings,
On the presentment of the Grand Jury for Barnwell District, Fall Term,
1860; also, ^
The report of the same Committee on the presentment of the Grand
Juries for Charleston District, April and June Terms, 1860; which were
ordered for consideration to-morrow.
Pursuant to notice, and with leave of the Senate, Mr. DeLOACH intro¬
duced
A Bill to alter and amend an Act entitled "■ An Act to reduce all Acts
and clauses of Acts in relation to the Patrol of this State into one Act,
and to alter and amend the same," passed in the year 1839; which
received the first reading, was referred to the Committee on Military and
Pensions, and was ordered to be printed.
Mr. BOYLE presented the return of the Commissioners of Free Schools
for St. James' Parish, for the year 1860 ; which was referred to the Com¬
mittee on the College, Education and Religion.
Mr. BOYLE gave notice that to-morrow he will ask leave to introduce
A Bill to incorporate a Volunteer Military Corps, entitled the St. Paul's
Rifles.
Mr. SIMPSON presented the report of the Special Joint Committee
appointed to examine the contingent accounts of His Excellency the Gov¬
ernor ; which was agreed to, and was ordered to be sent to the House of
Representatives.
Mr. MOSES presented the report of the Committee on the Judiciary, on
so much of the report of the Commissioner of the Code of the Statute Law
as relates to the salary of himself and clerks; which was ordered for con¬
sideration to-morrow.
Mr. LESESNE presented the memorial of sundry citizens, urging the
organization of a Military Engineer Corps, and suggesting a plan for the
same; which was referred to the Committee on Military and Pensions.
Mr. FICKLING presented the report of the Committee on Privileges and
Elections, on
MONDAY, DECEMBER 10, 1860.
77
A Bill, from the House of Representatives, to alter and amend the tenth
section of the first article of the Constitution of the State of South Carolina;
which was ordered for consideration to-morrow.
Mr. WILSON presented the memorial of the Intendant and Wardens
of Georgetown, praying an amendment of charter; which was referred to
the Committee <on Incorporations and Engrossed Acts.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following Bills received the,f second reading, were agreed to, and
were ordered to he sent to the House of Representatives :
A Bill to amend an Act entitled " An Act to enlarge and extend the
powers of the Governor and of the City Council of Charleston over Quaran¬
tine, and for other purposes," passed on the 20th day of December, in the
year of our Lord one thousand eight hundred and thirty-two •
A Bill to amend the charter of the town of Sumter)
A Bill to declare a certain portion of Four Holes Creek navigable;
A Bill to incorporate the Presbyterian Church of Yorkville.
The unfavorable reports of the Committee on Roads and Buildings
On the presentment of the Grand Juries for Edgefield and Marlboro'
Districts, relative to new Court Houses for those Districts j which were
agreed to.
The General Orders were disposed of.
The Senate proceeded to the
SPECIAL ORDER FOR 1 O'CLOCK, P. M.
Report of the Committee on Finance and Banks, on the memorial of the
Greenville and Columbia Railroad Company, for aid of the State in the
re-adjustment of their debt, and on a Bill (introduced by the Senator from
Newberry) on the same subject. The Committee recommend a substitute.
On motion of Mr. E. G. PALMER, the special order was discharged,
and the same subject was made the special order for to-morrow, at half-past
1 o'clock, P. M.
All the business before the Senate was disposed of.
On motion of Mr. WILSON, it was ordered, that when the Senate ad¬
journs, it shall stand adjourned to meet to-morrow at 12 o'clock, M.
On motion of Mr. WILSON, the Senate adjourned at 1 o'clock, P. M.
78
JOURNAL OF THE SENATE,
TUESDAY, DECEMBER 11, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives sent to the Senate, for concurrence, the
report of the Committee on the Judiciary on the communication of J. L.
Petigru, Esq., Commissioner of the Code, accompanying the printed copies
of so much of the Code as is prepared, and relating to his salary and that of
his assistants, and to printing and stationery furnished under his order;
which was referred to the Committee on the Judiciary.
Mr. McKEWN presented the accotint of H. H. Flatman, praying com¬
pensation for conveying a prisoner to jail; which was referred to the Com¬
mittee on Claims and Grievances.
Mr. McCAW presented the petition of sundry citizens of York District,
praying the regulation of fees for a constable, and other purposes; which
was referred to the Committee on the Judiciary.
Mr, FURMAN presented reports of the Committee on the Lunatic Asy¬
lum and Medical Accounts, on reports of the Medical Committee of the House:
On account of Dr. 0. A. White, for post mortem examination;
On account of Dr. J. C. Mullins, for post mortem examination.
The PRESIDENT laid before the Senate a communication from John
Hart, in relation to postal arrangements ; which was referred to the Special
Committee on that subject.
Mr. CANNON presented the petition of sundry citizens of Greenville
District, praying that the Saluda Turnpike Road be leased to them; which
was referred to the Committee on Agriculture and Internal Improvements.
Mr. DANTZLER presented the petition of William McKinney, in regard
to leasing the Saluda Turnpike Road; which was referred to the Committee
on Agriculture and Internal Improvements.
Mr. McALILEY presented the report of the Committee on Finance and
Banks, on
A Bill to authorize the issue of certificates or stock to provide for the
military defence of the State; which was made the Special Order for to¬
morrow, at half-past 12 o'clock, and the report was ordered to be printed.
Mr. BLAKENEY presented the petition of sundry citizens of Cheraw
and its vicinity, praying for the passage of an Act staying the collection
of debts by legal process; which was referred to the Committee on the
Judiciary.
Mr. MARSHALL presented the petition of sundry citizens of Abbeville,
praying that an Act may be passed exempting volunteer companies now
TUESDAY, DECEMBER 11, 1860.
79
being formed from militia duty, and for other purposes; which was referred
to the Committee on Military and Pensions.
Pursuant to notice, and with leave of the Senate, Mr. BOYLE introduced
A Bill to incorporate the St. Paul's Rifles; which received its first read¬
ing, and was referred to the Committee on Military and Pensions.
At 1 o'clock* P. M., the Senate, pursuant to previous orders, joined the
House of Representatives in balloting for Governor.
Messrs. Heyward and Hope were appointed the Committee on the part of
the Senate to count the ballots.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on Federal Relations, on
So much of Message No. 1 of His Excellency the Governor as relates
to Federal Relations, was agreed to, and was ordered to be sent to the House
of Representatives for concurrence
The unfavorable report of the Committee on the Judiciary, on
A Bill (introduced in the Senate) to provide for the compensation of
witnesses in behalf of the State, was agreed to, and the Bill was rejected.
A Bill to amend an Act entitled " An Act to establish a separate Court
of Appeals," was before the Senate on the second reading.
Mr. MAZYCK moved-to strike out the first section, which is as follows :
" That the Court of Appeals established by an Act entitled < An Act to
establish a separate Court of Appeals, ratified on the nineteenth day of
December, in the year of our Lord one thousand eight hundred and fifty-
nine,' shall hereafter consist of four Judges; that is to say: of the Chief
Justice and the two Associate Judges now composing the Court of Appeals,
and one other Associate Judge, who shall be chosen by joint ballot of the
Legislature, immediately after the ratification of this Act, and shall have
all the powers and authority, in all respects whatever, as now exercised by
law by the Judges of the existing Court of Appeals, and shall be entitled
to the same salary as the present Associate Judges of the Court of Ap¬
peals."
The question was ordered to be decided by yeas and nays, and they are as
follows:
Those who voted in the affirmative, are
Messrs. Appleby, Barnes, Beaty, Blakeney, Boykin, Cannon, Dantzler,
DeLoach, Garlington, Hart,Irby, Keitt, Marshall, Mazyck, McCaw, McKewn,
Moses, S. W. Palmer, Sharpe, Simpson, Ware and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Allen, Barker, Boyle, Bull,
80
JOURNAL OF THE SENATE,
Fickling, Furman, Hampton, Harrison, Lesesne, Manning, McAliley,
Moses, Ilhett, Roberds, Wagner and Wilson.
In the affirmative, 22.
In the negative, 18.
The section was, therefore, stricken out.
On motion of Mr. FICKLING, the bill was then ordered to lie on the
table.
The General Orders were suspended, and the Senate proceeded to the
SPECIAL ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
Report of the Committee on Finance and Banks, on memorial of the
Greenville and Columbia Railroad Company, for aid of the State in the
re-adjustment of their debt, and on a Bill (introduced by the Senator from
Newberry) on the same subject. The Committee recommend a substitute.
On motion of Mr. GARLINGTON, the Special Order was discharged,
and the same subject was made the Special Order for half-past 1, P. M.,
to-morrow.
The Senate resumed the consideration of the
GENERAL ORDERS OF THE DAY.
The report of the Committee on the Judiciary, on the aecount of McCar-
ter & Dawson, for sixty-two copies of the twelfth volume of Richardson's
Law Reports, was agreed to, and was ordered to be sent to the House of
Representatives for concurrence.
The following reports were agreed to :
Report of Committee on Roads and Buildings, on the presentment of the
Grand Juries for Charleston District, April and June Terms, 1860;
Report of the same Committee on the presentment of the Grand Jury for
Barnwell District, Fall Term, 1860 ;
Report of the Committee on Finance and Barks, on the petition of Taylor
& Wessinger, asking to be refunded a sum paid by them for license to sell
tobacco, &c.;
Report of the Committee on the Judiciary, on reports of the Solicitors of
the Northern, Southern, Eastern, Western and Middle Circuits, on District
Offices and Officers.
The unfavorable report of the Committee on Finance and Banks, on
A Bill, from the House of Representatives, to increase the salary of the
Governor of this State, being before the Senate for consideration,
Mr. MAZYCK moved that the report be ordered to lie on the table, for
the purpose of taking up the Bill for a second reading.
TUESDAY, DECEMBER 11, 1860.
81
Mr. HARRISON moved, as an amendment, tliat the Bill reported be
ordered to lie on the table; which was agreed to.
The reports of the Committee on the Judiciary
On the account of McCarter & Dawson, for reprinting Law and Equity
Reports; and
On so much of the report of the Commissioner on the Code as relates to
the salary of himself and his clerks; which were agreed to, and were
ordered to be sent to the House of Representatives for concurrence.
The General Orders were again suspended.
Mr. HEY WARD, from the Committee to count the ballots for Governor,
reported that neither of the gentlemen voted for had received a majority of
the ballots.
The House of Representatives sent to the Senate the following message:
House of Representatives, December 11, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully proposes to your body to unite forthwith in a
second ballot for Governor.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and immediately joined in the ballot.
Messrs. Irby and Keitt were appointed the Committee, on the part of the
Senate, to count the ballots.
Mr. HAMPTON presented the following report:
The Richland Delegation, to whom was referred a joint resolution of the
General Assembly, requesting this Delegation to make the necessary ar¬
rangements for the approaching session of the State Convention, have dis¬
charged the duty assigned to them, and beg leave to report:
That the President and Directors of the Columbia Athenaeum having
tendered their Hall for the use of the Convention, and the Delegation
thinking this Hall the best in the city for the purposes indicated, they have
accepted the offer which has been so handsomely made. The Athenaeum
Rooms will therefore be ready for the Convention on Monday next.
The report was ordered to lie on the table, and to be printed.
Mr. CANNON presented the report of the Committee on Roads and
Buildings, on the petition of James R. Todd; which was ordered for con¬
sideration to-morrow.
A Bill to alter and amend the tenth section of the first article of the
Constitution of the State of South Carolina, which had passed the last Leg-
11
82
JOURNAL OF THE SENATE,
islature, and liad been twice read in the House of Representatives at the
present session, was before the Senate on the second reading.
On the question of agreeing, the yeas and nays are as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Barnes, Beaty,
Blakeney, Boykin, Bryan, Cannon, Eantzler, DeLoach, Fickling, Hampton,
Harrison, Hart, Heyward, Hope, Irby, Keitt, Lesesne, Marshall, McAliley,
McCaw, McKewn, Moses, Rhett, Roberds, Sessions, Sharpe, Simpson, Wag¬
ner, Ware, Watson and Wilson.
Those who voted in the negative, are
Messrs. Alston, Barker, Boyle, Bull, Furman, Garlington, Manning,
Mazyck, Montgomery and Palmer.
In the affirmative, 34.
In the negative, 10.
Two-thirds of the whole representation in the Senate voting in the
affirmative, the Bill was agreed to, and was returned to the House of Rep¬
resentatives.
The General Orders were disposed of.
On motion of Mr. GrARLINGTON, it was ordered, that when the Senate
adjourns, it shall stand adjourned to meet to-morrow, at 12 o'clock, M.
On motion of Mr. GARLINGTON, the Senate adjourned at 3, P. M.
WEDNESDAY, DECEMBER 12, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Mr. IRBY, from the Committee appointed to count the ballots for Gov¬
ernor, reported that neither of the gentlemen voted for had received a ma¬
jority of the ballots.
The House of Representatives sent to the Senate the following message,
in which the Senate concurred:
House of Representatives, December 11, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully proposes to your body to unite in a third ballot
for Governor to-morrow, the 12th instant, at 12.30, P. M.
By order of the House,
JAMES SIMONS, Speaker.
WEDNESDAY, DECEMBER 12, 1860.
83
The House of Representatives returned to the Senate
A Bill to provide a Military Force.
The Senate proceeded to the third reading of the Bill, when it appeared
that the House, on the third reading, had stricken out the amendments
adopted by the Senate on the second reading, and had likewise restored
the litle of the Bill. Under the rules of the Senate, the amendments were
referred to the Committee on Military and Pensions.
Mr. HARRISON presented the reports of the Committee on Claims and
Grievances
On the accounts of the Laurensville Herald, for public printing;
On the account of H. Judge Moore, for public printing;
On the account of Evans & Cogswell, for printing a portion of the Code
of Statute Law of South Carolina; also,
The report of the same Committee
On the petition of Lawson Lawrence, for burying the body of Walter
Worley, a pauper.
The report of the same Committee
On the report of the Committee on Claims of the House of Representa¬
tives on the petition of S. Henry Jones, praying payment of arrears due
the Abbeville Artillery, &c.;
On the account of Fielder Gossett, for blankets furnished a prisoner in
jail;
On the account of Tilman H. Clark, for board for a prisoner ;
On the account of the Pendleton Messenger, for public printing;
On the account of the Fairfield Herald, for public printing;
On the account of W. J. Graham, Sheriff of Horry District;
On the account of Samuel Watson, for articles furnished prisoners in jail;
all of which were ordered for consideration to-morrow.
The Committee on Claims and Grievances was discharged from the report
of the Committee on the Judiciary of the House of Representatives
On the account of McCarter & Dawson for certain volumes of Law and
Equity Reports re-printed by them.
Mr. MARSHALL presented the report of the Committee on Military
and Pensions, on
A Bill to alter and amend an Act entitled " An Act to reduce all Acts
and clauses of Acts in relation to the patrol of the State into one Act, and
to alter and amend the same," passed in the year 1839 ; which was ordered
for consideration to-morrow.
The Committee on Military and Pensions was discharged from the
further consideratian of the petition of sundry citizens of St. Luke's Parish,
praying for a Coast Police; also,
84
JOURNAL OF THE SENATE,
From the further consideration of
A Bill to provide for our coast and harbor defences.
Mr. HAMPTON presented the report of the Committee on the new State
House on the Commissioner's report, and so much of the Message of the
G-overnor as relates to the new State House ; which was ordered for con¬
sideration to-morrow, and to be printed.
Mr. HARRISON presented the following resolution; which was agreed
to, and was ordered to be sent to the House of Representatives:
Resolved, That the Librarian deliver to the Attorney General and to the
Solicitors each one copy of the compilations of the law in relation to Elec¬
tions, and of the law in relation to Commissioners of the Poor, and also one
copy to each of the " Report of the Commissioner on the Code."
Pursuant to orders previously made, the Senate joined the House on a
third ballot for Governor.
I
Messrs. Johnson and Lesesne were appointed a Committee on the part of
the Senate to count the ballots.
Mr. DANTZLER presented the report of the Committee on Agriculture
and Internal Improvements
On the memorial of the Georgetown Railroad, asking the construction of
a bridge across Black River without a draw; and also,
The counter memorial of sundry citizens of Georgetown District against
the same; which were ordered for consideration to-morrow; also,
The report of the same Committee on resolutions of the House, appoint¬
ing proxies for the Union and Spartanburg Railroad ; which was ordered for
consideration to-morrow.
The committee on Roads and Buildings was discharged from the further
consideration of the report of Keowee and Tuckaseegee Turnpike Road, in
Pickens District; and it was referred to the Committee on Agriculture and
Internal Improvements; also,
From the further consideration of the report of the Commissioners of
Roads for St. James', Goose Creek; and it was referred to the Committee on
Agriculture and Internal Improvements.
Mr. MARSHALL presented the report of the Committee on Military
and Pensions, on
A Bill for the establishment of a Coast Police for the State of South
Carolina; which was ordered for consideration to-morrow.
Mr. HAMPTON presented the report of the Commissioner of the new
State House, in response to a resolution of the Senate for information rela¬
tive to the discontinuance of the work; which was ordered to lie on the
table, and to be printed.
WEDNESDAY, DECEMBER 12, 1860.
85
The House of Representatives returned to the Senate the report of the
Joint Special Committee on the part of the Senate, on the contingent ac¬
counts of the Executive Department, in which that House had concurred.
The House of Representatives sent to the Senate, for concurrence,
The report of the Special Committee of the House of Representatives,
to whom was referred the annual returns of the trustees of the estate of
Dr. John DeLa Howe; which was referred to the Committee on the College,
Education and Religion ; and also,
The report of the Special Joint Committee on the part of the House of
Representatives, giving information of the selection of the Athenaeum Hall
for the State Convention, to assemble on the 17th inst. The report was con¬
curred in, and returned to the House of Representatives.
At half-past 12, P. M., the Senate proceeded to the Special Order for
this hour,
The report of the Committee on Finance and Banks, on
A Bill, from the House of Representatives, to authorize the issue of cer¬
tificates of stock to provide for the military defence of the State.
The Special Order was discharged, and the same subject was made the
Special Order for the same hour to-morrow.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence :
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts
On the reports of the Medical Committee of the House of Representa¬
tives, on the account of Dr. J C. Mullins, for a post mortem examination;
On the account of Dr. 0. A. White, for a post mortem examination; and
the reports of the Committee of the House of Representatives were con¬
curred in, and were returned to the House of Representatives.
The report of the Committee on Roads and Buildings, on the petition of
James R. Todd, praying compensation for injuries sustained by the opening
of a highway over his land, was agreed to, and was sent to the House of
Representatives for concurrence.
Mr. MARSHALL submitted the following report:
The Committee on Military and Pensions, to whom was referred the
amendments made by the House of Representatives, on the third reading,
to a Bill to provide for a Military Force, beg leave respectfully to Report,
That they have considered the same, and recommend that the Senate ad-
86
JOURNAL OF THE SENATE,
here to the amendments made by the Senate on the second reading, and
which have been stricken out by the House of Representatives on the third
reading.
The report having been immediately considered, was agreed to, and a
message was sent to the House asking leave to restore the Senate amend¬
ments, pursuant to the recommendation of the Committee.
On motion of Mr. BRYAN, it was ordered, that when the Senate ad¬
journs, it shall stand adjourned to meet to-morrow, at 12 o'clock, M.
The Senate proceeded to the
SPECIAL ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
Report of the Committee on Finance and Banks, on the memorial of the
Greenville and Columbia Railroad Company, for aid of the State in the
re-adjustment of their debt, and on a Bill (introduced by the Senator from
Newberry) on the same subject. The Committee recommend a substitute..
On motion of Mr. GARLINGTON, the Special Order was discharged,
and the same subject was made the Special Order for the same hour to¬
morrow. •
Mr. JOHNSON presented the petition of sundry citizens of Marion Dis¬
trict, praying for the passage of an Act to compel the keeping of lawful
fences around cultivated lands on Lynch's Creek and Lynch's Lake; which
was referred to the Committee on the Judiciary; also,
The account of Drs. Dudley and Moses, for post mortem examination;
which was referred to the Committee on the Lunatic Asylum and Medical
Accounts.
On motion of Mr. BULL, the Senate adjourned at 20 minutes past 1
o'clock, P. M.
THURSDAY, DECEMBER 13, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Mr. WAGNER submitted the report of the Committee on Accounts and
Vacant Offices on the Comptroller General's report on contingent accounts
against the Lower Division of the Treasury; which was ordered for consid¬
eration to-morrow.
THURSDAY, DECEMBER 13, 1860.
87
Mr. LESESNE submitted the report of the Special Joint Committee on
so much of the Governor's Message No. 1 as relates to a postal arrangement
for the State; which was ordered for consideration to-morrow, and to be
printed.
Mr. DeLOACH presented the account of the Clerk of the Senate for
stationery and other small expenses; which was referred to the Committee
on Claims and Grievances.
Mr. MOSES presented the petition of Samuel Watson, Sheriff of Sumter,
praying relief touching a tax execution; which was referred to the Com¬
mittee on Finance and Banks.
Mr. JOHNSON presented the account of George M. Fairlee, for adver¬
tising elections; which was referred to the Committee on Claims and
Grievances.
The House of Representatives sent to the Senate the following paper:
The report of the Joint Committees of the Military and Pensions of the
Senate, and Military of the House of Representatives, on certain resolutions
of instruction in relation to the defence of the State; which was referred
to the Committee on Military and Pensions.
Mr. JOHNSON, from the Committee to count the ballots for .Governor,
reported that neither of the gentlemen voted for had received a majority of
the ballots cast.
The following message was received from the House of Representatives:
House of Representatives, December 12, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully proposes to your body to unite in a fourth ballot
for Governor to-morrow, at 12.30, P. M.
By order of the House,
JAMES SIMONS, Speaker.
The Senate then proceeded to the House of Representatives and joined in
the ballot.
Messrs. Manning and Marshall were appointed the Committee to count
the ballots on the part of the Senate
Mr. RHETT submitted the report of the Committee on the College,
Education and Religion on the report of the Special Committee of the
House of Representatives on the report of the Trustees of the DeLa Howe
Farm School in Abbeville; which was ordered for consideration to-morrow.
The House of Representatives sent to the Senate
A Bill to authorize the issue of Bonds or Stock for continuing the con¬
struction of the new State House.
88
JOURNAL OF THE SENATE,
The Bill received the first reading, and was referred to the Committe on
the new State House and Grounds, and was ordered to he printed.
Mr. McKEWN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts
On the account of Drs. Dudley and Moses, for post mortem examination;
which was ordered for consideration to-morrow.
At half-past 12 o'clock, P. M., the Senate proceeded to the Special Order
for this hour, the report of the Committee on Finance and Banks, on
A Bill, from the House of Representatives, to authorize the issue of
Certificates of Stock to provide for the Military Defence of the State.
The Special Order was discharged, and the same subject was made the
Special Order for to-morrow, at half-past 2 o'clock, P. M.
The following message was received from the House of Representatives,
and was referred to the Committee on Finance and Banks:
House op Representatives, December 13, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully concurs in the report of the Senate Committee
on Finance and Banks, on the petition of Mrs. Elizabeth Jacoby, praying
for a renewal of certificate of stock, and asks leave of the Senate to amend,
by substituting in lieu of the resolution appended to the report of the Com¬
mittee on Finance and Banks, the resolution hereto appended.
By order of the House,
JAMES SIMONS, Speaker.
(Schedule.)
" Resolved, That the Treasurer of the Lower Division do issue to Mrs.
Elizabeth Jacoby two certificates of State six per cent. Stock, to wit: One
certificate for six hundred dollars to be numbered three hundred and eighteen,
and one certificate for three thousand dollars, to be numbered two hundred
and ninety-one, in lieu of the original certificates, lost or mislaid."
Mr. FURMAN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Regents of the Lunatic
Asylum; which was ordered for consideration to-morrow, and to be printed.
Mr. MANNING, from the Committee appointed to count the fourth ballot
for Governor, reported that neither of the gentlemen voted for had received
a majority of the ballots cast.
On motion of Mr. ALLEN, a message was sent to the House of Repre¬
sentatives, proposing a fifth ballot; and the House assenting, and returning
a message, the Senate proceeded to join in the ballot.
Messrs. McAliley and McCaw were appointed the Committee to count the
ballots.
THURSDAY, DECEMBER 13, 1860.
89
Mr. WILSON gave notice that to morrow, or on some subsequent day,
he will move to amend the 29th Rule of the Senate.
Mr. HARRISON gave notice that he will, to-morrow, or on some subse¬
quent day, ask leave to introduce
A Bill, to incorporate the "Western Carolina Insurance Company and
Savings Bank Institution."
The House of Representatives sent to the Senate the report of the Joint
Special Committee on the part of the House of Representatives, consisting
of the Committees on Military and Pensions of the Senate, and Military of
the House of Representatives, on resolutions of instruction relative to the
defence of the State ; which was ordered for consideration to-morrow.
Mr. McCAW, from the Committee to count the fifth ballot for Governor,
reported that neither of the gentlemen voted for had received a majority of
the ballots cast.
On motion of Mr. CANNON, a message was sent to the House of Rep¬
resentatives, proposing a sixth ballot forthwith j and the House having re¬
turned a message of concurrence, the Senate again joined the House of
Representatives in the ballot.
Messrs. McKewn and Montgomery were appointed the Committee of the
Senate to count the ballots.
Mr. CANNON offered the following resolution; which was considered,
and agreed to, and the committee was instructed accordingly :
Resolved, That it be referred to the Committee on Privileges and Elec¬
tions, to inquire and report whether, under the Constitution of the State, a
citizen having the property qualification in several election districts, is en¬
titled to vote in more than one election district ; and, also, whether a quali¬
fied elector may vote for Senator in one election district and for Representa¬
tives in another.
Mr. DANTZLER offered a resolution in relation to leasing the Saluda
turnpike road; which was referred to the Committee on Agriculture and
Internal Improvements.
The Senate proceeded to the
GENERAL ORDERS OE THE DAY.
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence :
Reports of the Committee on Claims and Grievances
On the account of Evans & Cogswell, for printing a portion of the Code
of Statute Law of South Carolina;
12
90
JOURNAL OF THE SENATE,
On the account of H. Judge Moore, for public printing;
On the account of the Laurensville Herald, for public printing ;
On the petition of Lawson Lawrence, for burying the body of Walter
Worley, a pauper; also,
The following papers were concurred in, and ordered to be returned to
the House of Representatives:
Reports of the Committee on Claims and Grievances
On the petition of S. Henry Jones, Captain of the Abbeville Artillery,
praying arrears of expenses due said company;
On the account of W. J. Graham, Sheriff of Horry District;
On the account of the Fairfield Herald, for public printing;
On the account of the Pendleton Messenger, for public printing;
On the account of Tilman H. Clark, for board of a prisoner in jail;
On the account of Fielder Gossett, for blankets furnished prisoners in jail;
On the account of Samuel Watson, for articles furnished prisoners in jail.
The resolution to appoint proxies to represent the stock of the State in
the Convention of Stockholders of the Spartanburg and Union Railroad,
was concurred in, and was ordered to be returned to the House of Repre¬
sentatives.
The report of the Committee on Military and Pensions on
A Bill for the establishment of a Coast Police for the State of South
Carolina, was made the Special Order for to-morrow, at 2 o'clock, P. M.
The following Bills received the second reading, were agreed to, and
were ordered to be sent to the House of Representatives:
A Bill to alter and amend an Act entitled an " An Act to reduce all Acts
and clauses of Acts in relation to the Patrol of the State into one Act, and
to alter and amend the same," passed in the year 1839 ; also,
A Bill to amend an Act entitled "An Act to establish a separate Court of
Appeals."
The General Orders were disposed of.
The House of Representatives sent to the Senate the following papers:
Report of the Committee on Claims
On the account of Dr. L. B. Graham, for attending criminals, in jail;
On the account of Dr. H. W. Moore, for attending prisoners in jail;
On the account of L. M. Gentry, Sheriff of Spartanburg District, for arti¬
cles furnished prisoners in jail;
On the petition of A. A. Nettles, praying to be refunded money paid by
him;
On the account of Dr. Augustus D. Hoke, for medical services rendered
prisoner in jail;
On the account of R. C. Logan, for public printing;
THURSDAY, DECEMBER 13, 1860.
91
On the account of A. N. Talley, M. D., for services rendered prisoners in
jail j
On the account of James Johnson, Sheriff, for blankets furnished jail;
On the account of Samuel Beard, Sheriff, for blankets furnished for jail;
On the account of the Courier Office of Charleston;
On the account of W. M. Connor, for public printing ; which were
referred to the Committee on Claims and Grievances :
The report of the Committee of Ways and Means, on the annual report of
the Commissioners of the Poor of the City of Charleston j also,
On the petition of James Jones, Commissioner of the New State House,
praying the payment of his salary for the year 1860; which was referred
to the Committee on Finance and Banks.
The following message was received from the House of Representatives :
House or Representatives, December 13,1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully refuses leave to your body to restore to " A Bill
to provide an Armed Military Force " the amendments made by the Senate
on its second reading, and which were stricken out by this House on its
third reading, which amendment is contained in the enclosed schedule.
By order of the House,
JAMES SIMONS, Speaker.
To this the Senate returned a message, insisting on asking leave ; and
also, asking a Committee of Conference, and informing the House that
Messrs. Marshall, Alston, Harrison, Bryan and Allen were appointed the
Committee on the part of the Senate.
Mr. McKEWN, from the Committee to count the sixth ballot for Gov¬
ernor, reported that neither of the candidates voted for had received a majority
of the ballots cast.
On motion of Mr. WAGNER, a message was sent to the House of Rep¬
resentatives, proposing to go into a seventh ballot forthwith.
On motion of Mr. DeLOACH, it was ordered, that when the Senate, ad¬
journs, it shall stand adjourned to meet to-morrow, at 12 o'clock, M.
On motion of Mr. McKEWN, the Senate adjourned at a quarter past 4
o'clock, P. M.
92
JOURNAL OF THE SENATE,
FRIDAY, DECEMBER 14, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives sent to the Senate the following message '
House of Representatives, December 13, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully insists upon refusing to grant leave to the Senate
to amend "A Bill to provide an Armed Military Force," by restoring the
amendments made by the Senate on its second reading, and which were
stricken out by this House ou the_ third reading, which amendments are
contained in the schedule hereto attached. This House respectfully assents
to the proposition of the Senate for the appointment of a Committee of
Conference on the subject-matter of difference between the two Houses, and
has appointed Messrs. Edwards, Green, Cuningham, Moore, J. H. Williams,
Butler and Henegan, a Committee to act with the Senate Committee.
By order of the House,
JAMES SIMONS, Speaker.
The House of Representatives also sent to the Senate the following
papers:
The report of the Committee on Privileges and Elections
On reports of the several delegations as to vacancies in their respective
Boards of managers of elections from death, resignation or otherwise; and
also,
On sundry petitions in reference to elections, managers of elections and
places of election; which were severally referred to the Committee on
Privileges and Elections:
Reports of the Medical Committee
On the account of Dr. Wm. Pettigrew;
On the account of Dr. H. W. Moore;
On the account of Edward H. Keller ;
On the account of Dr. Augustus D. Hoke;
On the account of Dr. W. J. David;
On the account of W. T. Dargan ;
On the account of Dr. J. J. Broyles;
On the account of Dr. J. J. Goodwyn;
On the account of R. W. Hale;
On the account of Dr. William Magill;
FRIDAY, DECEMBER 14, 1860.
93
On the account of Dr. J. G. Traynham, for post mortem examinations;
which were referred to the Committee on the Lunatic Asylum and Medical
Accounts:
Report of the Committee on Claims
On the account of John Bomar, asking compensation for a slave executed
under the sentence of the law ;
On the account of John D. M. Dobbins, for blankets furnished prisoners
in jail;
On the account of H. H. Hicks, for services as special Constable;
On the account of Dr. T. J. Teague, for services rendered Commissioners
of the Poor for Edgefield District;
On the petition of Jos. P. Church, praying compensation for a slave
executed under the sentence of the law;
On the petition of B. F. Arthur, praying compensation for work ordered
by the Legislature; which were referred to the Committee on Claims and
Grievances:
The report of the Committee on the Judiciary
On the account of McCarter & Dawson, for sixty-two copies of the twelfth
volume of Richardson's Law Reports ; which was referred to the Committee
on Claims and Grievances :
The report of the Committee on Roads, Bridges and Ferries
On the report of the Commissioners appointed to assess damages to D. C.
Tompkins, for injury to him by opening a road through his land;
On the report of the Commissioners appointed to assess damages to Thos.
B. Reese, for injuries done him by opening a new road through his land;
On the petition of Emily Rowland, praying compensation for opening a
road through her land, &c.;
On the petition of the Commissioners of Roads and other citizens of
Anderson District, in the Fourth Regiment, to re-establish the Posted Road
from Moses Dean's to Varennes ;
On the petition of A. B. Estes and others, praying that a certain road in
Barnwell District be closed; which were referred to the Committee on
Roads and Buildings:
The report of the Committee on the Military
On so much of the Message of His Excellency the Governor as relates to
the record of the Documents and Correspondence of the Palmetto Regi¬
ment ; which was referred to the Committee on Military and Pensions; also,
The report of the Committee on Commerce, Manufactures and the Me¬
chanic Arts
On so much of Message No. 1 of His Excellency the Governor as relates
to the Naval School of Charleston, and the petition of the trustees of said
94
JOURNAL OF THE SENATE,
school, praying a continuation of tlie appropriation for the benefit of the
same :
The report of the Committee on Finance and Banks
On the petition of Jacob F. Schirmer, for the renewal of certificates of
stock alleged to be lost:
The report of the same Committee
On the petition of Eliza M. Bonneau, executrix of John Ewing Bonneau,
for a renewal of a certificate of three per cent, btock alleged to be lost or
mislaid.
The House of Representatives sent to the Senate the following message :
House of Representatives, December 13, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully proposes to your body to unite in another ballot
for Governor, to-morrow, at 12.30 P. M. ,
By order of the House,
JAMES SIMONS, Speaker.
Which was concurred in, and a message was returned accordingly.
Mr. HARRISON presented the reports of the Committee on Claims and
Grievances, on the reports of the Committee on Claims of the House of
Representatives, on the following accounts :
On the account of James Johnson, for blankets ;
On the account of Dr. A. N. Talley, for services to prisoners ;
On the account of W. M. Connor, for public printing;
On the account of A. Wingo, Sheriff of Spartanburg;
On the account of Saml. Beard, Sheriff, for blankets;
On the account of Dr. Augustus D. Hoke, for services to prisoners;
On the account of L. M. Gentry, Sheriff of Spartanburg District, for ar¬
ticles furnished prisoners in jail;
On the account of the Courier office, Charleston, for public printing;
On the account of R. C. Logan, for public printing;
On the petition of A. A. Nettles, praying to be refunded money paid by
him;
On the account of Dr. H. W. Moore, for medical services rendered pris¬
oners in jail; which were ordered for consideration to-morrow.
Mr. HART presented the report of the Committee on the Lunatic Asylum
and Medical Accounts, on the report of the Medical Committee of the House,
On the account of Dr. R. A. Kinloch, for post mortem examination;
On the account of the estate of Dr. J. C. Webster, for post mortem ex¬
amination ;
FRIDAY, DECEMRER 14, 1860.
95
On tlie account of Dr. J.'Ford Prioleau, for post mortem examination;
On the account of Dr. B. W. Lawton, for post mortem examination;
On the account of Dr. C. Davega, for post mortem examination; which
were ordered for consideration to-morrow.
Mr. McKEWN presented the report of the Vestry of the Parish Church
of St. James', (Goose Creek,) on the Ludlam School Fund for the year
1860; which was referred to the Committee on the College, Education and
Religion.
Mr. MARSHALL, from the Committee on Military and Pensions, re¬
ported
A Bill to establish a Military Corps of Engineers; which received the
first reading, was ordered for consideration to-morrow, and to be printed.
Mr. DeLOACH offered the following resolution :
Resolved, That the General Assembly take a recess from to-day, at 6
o'clock, P. M., to meet in Charleston on Tuesday, the 18th inst., at 12
o'clock, M.
Mr. HARRISON moved to amend the resolution by striking out all after
the word from, and inserting Monday next, at 12 M., until the second day
of January next, at 7 P. M.
Mr. BRYAN then moved that both resolution and amendment do lie on
the table, which question was ordered to be decided by yeas and nays, and
they are as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Alston, Appleby, Bar¬
ker, Boykin, Bryan, Bull, Dantzler, Fickling, Furman, Garlington, Hamp¬
ton, Hart, Hope, Keitt, Lesesne, Manning, Marshall, McAliley, McCaw,
McKewn, Moses, Rhett, Roberds and Sharpe.
Those who voted in the negative, are
Messrs. Barnes, Beaty, Blakeney, Boyle, Cannon, DeLoach, Harrison,
Johnson, Mazyck, Montgomery, Palmer, Sessions, Simpson, Wagner, Ware,
Watson and Wilson.
In the affirmative, 26.
In the negative, 17.
They were therefore ordered to lie on the table.
Mr. MAZYCK presented the account of Dr. W. T. W. Baker, for post
mortem examination ; which was referred to the Committee on the Lunatic
Asylum and Medical Accounts.
Mr. GARLINGTON presented the account of J. E. Brenan, for post
mortem examination; which was referred to the Committee on the Lunatic
Asylum and Medical Accounts.
96
JOURNAL OF THE SENATE,
Mr. LESESNE presented the report of the Committee on the Judiciary
On the memorial of the Charleston Chamber of Commerce, praying legis¬
lation touching the Usury Laws ) and on
A Bill to suspend in part the operation of the Usury Laws; which was
ordered for consideration to-morrow.
Mr. WAGNER presented the following resolution ) which was agreed to:
Resolved, That the report of the Committee on Accounts and Vacant
Offices on the Comptroller General's report on the Contingent Accounts o£
the Lower Division, be submitted without reading, and laid upon the desk
of the Clerk for information of the members j and that said report he made
the Special Order for to-morrow, at half-past 12 o'clock, P. M., and then be
submitted for consideration without reading, except as to such portions
thereof as may be called for by any member.
Mr. RHETT presented the petition of the Stuart Fire Company for an
Act of Incorporation; which was referred to the Committee on Incorpora¬
tions and Engrossed Acts.
Mr. JOHNSON presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee of
the House
On the accounts of Dr. T. R. Aldrich, for post mortem examinations.
Mr. APPLEBY submitted the reports of the Committee on the Lunatic
Asylum and Medical Accounts, on the reports of the Medical Committee of
the House of Representatives
On the account of Dr. J. Ford Prioleau, for post mortem examination ;
On the account of Dr. Melvin Greenland, for post mortem examination;
which were ordered for consideration to-morrow.
Mr. BARKER presented the reports of the same Committee on the
reports of the Medical Committee of the House of Representatives
On the account of Dr. W. F. Percival, for post mortem examination;
On the account of Dr. F. S. Lewie, for post mortem examination ;
On the account of Dr. W. W. Fraser, for post mortem examination;
which were ordered for consideration to-morrow.
Mr. DANTZLER submitted the report of the Committee on Agriculture
and Internal Improvements
On certain petitions and a resolution relative "to leasing the Saluda turn¬
pike road ; which was ordered for consideration to-morrow.
At 1 o'clock, P. M., the Senate proceeded to the Special Order for this
hour,
The report of the Special Joint Committee, on the part of the Senate, on
so much of the Message of the Governor as relates to postal arrangements.
FRIDAY, DECEMBER 14, 1860.
97
The report was agreed to, and was ordered to be sent to the House of
Representatives for concurrence.
Mr. LESESNE offered the following resolution, which was also agreed
to, and was sent to the House of Representatives for concurrence :
Resolved, That the Clerks of the Senate and of the House of Representa¬
tives send copies of the report and resolution on postal arrangements to
every postmaster in the State.
Mr. MOSES, from the Committee to count the seventh ballot for Gov¬
ernor, reported that Francis W. Pickens had received a majority of the ballots
cast. He was thereupon declared by the PRESIDENT to have been duly
elected.
A motion was made by Mr. MOSES for the appointment of a Committee,
and the request of the House of Representatives to join in constituting it a
joint? one, to inform the Governor elect of his election, and to inquire when
it will suit him to qualify. The order was passed, and Messrs. Moses and
Watson were appointed the Committee on the part of the Senate, and a
message was sent to the Plouse of Representatives accordingly.
Mr. WILSON offered the following resolution j which was considered
and agreed to :
Resolved, That the 29th Rule of the Senate be amended so as to read:
When no hour is fixed by a vote of the Senate, the hour to which the
Senate, on an adjournment, shall be deemed to stand adjourned, shall be
12 o'clock, M., of the following day, except Sunday.
On motion of Mr. HOPE, a message was sent to the House of Represen¬
tatives, proposing to go forthwith into a ballot for Lieutenant Governor,
and the House having returned a message of concurrence, the Senate joined
the House of Representatives in the ballot. Messrs. Rhett and Roberds
were appointed the Committee on the part of the Senate to count the
ballots.
At a quarter past 3 o'clock, P. M., a call of the Senate was ordered, when
the following Senators answered to their names :
Messrs. Appleby, Barker, Beaty, Blakeny, Boykin, Boyle, Bull, Cannon,
Dantzler, DeLoach, Pickling, Garlington, Hampton, Hart, Hope, Johnson,
Keitt, Lesesne, Manning, Mazyck, McAliley, McCaw, Montgomery, Moses,
S. W. Palmer, Rhett, Roberds, Sharpe, Simpson, Wagner, Ware and Wilson.
Messrs. Barnes and E. G. Palmer were reported sick. Other Senators
were announced as being absent on business of the Senate. The further
call was dispensed with.
18
98
JOURNAL OF THE SENATE,
The following messages were received from the House of Representatives :
House oe Representatives, December 14, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully concurs in the proposition of your body to ap¬
point a Committee to act with the Senate Committee in communicating
with the Governor elect, and ascertaining when it will suit him to qualify,
and have accordingly appointed Messrs. Jennings, McGowan and Howard,
such Committee.
Ey order of the House,
JAMES SIMONS, Speaker.
House op Representatives, December 14, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully informs your body that Messrs. Jennings, Mc¬
Gowan and Howard, have been appointed a Committee on the part of this
House to communicate with the Governor elect, and ascertain when it will
suit him to qualify, and asks the appointment of a similar Committee by the
Senate to act jointly with the House Committee on this subject.
By order of the House,
JAMES SIMONS, Speaker.
The last was ordered to lie on the table.
Pursuant to notice, and with leave of the Senate, Mr. SIMPSON intro¬
duced
A Bill to amend the charter of the Laurens Railroad Company; which
received the first reading, and was referred to the Committee on Internal
Improvements and Engrossed Acts.
The House of Representatives sent to the Senate
A Bill to vest in certain persons all the right, title and interest of the
State, by escheat, in and to certain property.
The Bill received the first reading, and was referred to the Committee on
the Judiciary.
Mr. ROBERDS, from the Committee to count the ballots for Lieutenant
Governor on the first ballot, reported that neither of the gentlemen voted
for had received a majority of the ballots cast.
A message was sent to the House of Representatives, proposing another
ballot forthwith, and the House having concurred, the Senate joined the
House in the second ballot. Messrs. Sessions and Sharpe were appointed
the Committee on the part of the Senate to count the ballots.
Mr. MOSES offered the following resolution; which was considered and
agreed to :
FRIDAY, DECEMBER 14, 1860.
? 1 ;
99
Resolved, That the Committee on Finance and Banks of the Senate be
instructed to consider and report to this body, at its next regular session,
whether a better plan cannot be devised for the auditing and allowing of
the contingent accounts annually rendered against the State.
The House of Representatives sent to the Senate, for concurrence,
Report of the Committee on Claims
On the account of Dr. Ed. B. Smith ;
On the account of Dr. T. A. Perritt;
On the account of J. H. Means, for recording done in the Secretary of
State's office;
On the petition of M. A. Harden and others, asking to be paid for ser¬
vices as Jurors;
On the account of W. W. Purse, for work done in the Representatives'
Hall for the year 1860;
On the account of E. II. G-asque, for blankets furnished prisoners in jail,
and candles furnished the Court of Common Pleas for Marion District;
On the account of James M. Hutto, for nulla bona costs on Tax execu¬
tions ;
On the account of Douglass & Calvo, for public printing;
On the accounts of E. R. Stokes, for public binding;
On the account of E. A. Bronson, for public printing;
On the account of S. P. Leard, for dieting negro while in his custody;
On the account of the Keowee Courier, for public printing;
On the account of Fielder Gossett, jailor, for blankets furnished jail;
On the account of P. B. Glass, for stationery furnished the House of
Representatives and public offices;
On the account of the Orangeburg Southron, for advertising;
On the account of R. A. Pagan, Sheriff of Chester District, for blankets
furnished jail;
On the account of Hamilton Wilson;
On the account of Alfred Denson, Constable; which were referred to the
Committee on Claims and Grievances:
Report of the Judiciary Committee
On a resolution of inquiry as to the disposal of the Law and Equity Re¬
ports of the State :
Report of the same Cjpmmittee on the communication of the State Re¬
porter accompanying the twelfth volume of Richardson's Law Reports;
which were referred to the Committee on the Judiciary :
Report of the Committee of Ways and Means
On the return of the disbursement of the Transient Poor Fund for
Georgetown; which was referred to the Committee on Finance and Banks:
100
JOURNAL OF THE SENATE,
Report of tlie Committee 011 Commerce and Manufactures
On the resolution relative to dredging or deepening of Sullivan's Island
or MafSt Channel; which was referred to the Committee on Agriculture
and Internal Improvements :
Reports of the Medical Committee
On the account of Dr. John L. Ancrum, for post mortem examination;
On the account of Dr. Samuel Logan, for post mortem examination ;
On the account of Dr. A. N. Bellinger, for post mortem examination)
On the account of Drs. Powell and Templeton, for post mortem exami¬
nation and professional attention to prisoners in jail 5
On the accounts of Dr. Edward B. Smith, for post mortem examination;
On the account of Dr. F. Peyre Porcher, for post mortem examination;
which were referred to the Committee on the Lunatic Asylum and Medical
Accounts.
The House of Representatives returned, concurred in,
Report of the Committee on Claims and Grievances
On the petition of Oscar M. Lieber, late State Geologist, for arrears of
salary, &c.
SPECIAL ORDER FOR HALF-PAST 2 O'CLOCK, P. M.
A Bill (introduced by Mr. McAliley) to lend the name and credit of the
State to the Greenville and Columbia Railroad Company in the readjust¬
ment of their debt, was discharged, and the same subject was made the
Special Order for to-morrow, at a quarter past 1 o'clock, P. M.
SPECIAL ORDER FOR 2 O'CLOCK, P. M.
Favorable report of the Committee on Military and Pensions, on
A Bill for the establishment of a Coast Police for the State of South
Carolina, was discharged, and the same subject was made the Special Order
for Saturday, at half-past 1 o'clock, P. M.
SPECIAL ORDER FOR HALF-PAST 2 O'CLOCK, P. M.
Report (favorable, with amendments) of the Committee on Finance and
Banks, on
A Bill to authorize the issue of certificates or stock to provide for the
military defence of the State, was discharged, and the same subject was
made the Special Order for to-morrow, at a quarter past 12 o'clock, P. M.
On motion of Mr. GARLINGTON, the Senate adjourned at 20 minutes
past 3 o'clock, P. M.
SATURDAY, DECEMBER 15, 1860.
101
SATURDAY, DECEMBER 15, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The PRESIDENT laid before the Senate a communication from Henry
Buist, chairman of the Charleston Delegation, inclosing a communication
from the President of the Hibernian Society, tendering the use of that hall
for the Legislature.
The following message was received from the House of Representatives :
House oe Representatives, December 15, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully requests the appointment by your body of a
Committee, to act jointly with a Committee of this House, consisting of
Messrs. W. C. Black, Mobley, Blackwell, W. G. DeSaussure, Screven and
Hoke, on the subject of a recess of the General Assembly.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and appointed Messrs. Cannon, Pickling, Allen,
Johnson, Hart and Barker, a Committee to act in connection with the Com¬
mittee of the House.
House of Representatives, December 15, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully informs your body, that Messrs. Dozier, Macfar-
lan and Mullins, have been appointed a Committee on the part of this House
to communicate with the Governor elect, and ascertain when it will suit him
to qualify, and asks the appointment of a similar Committee by Senate, to
act jointly with the Committee of this House.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and Messrs. Johnson and Blakeney were appointed
the Committee to act in connection with the Committee of the House.
The House of Representatives sent to the Senate
Resolution in relation to arrangements for the sitting of the Convention;
which was concurred in :
Report of the Committee on Claims
102
JOURNAL OF THE SENATE,
On the account of E. R. Stokes, for binding Rules and Journal of the House :
Report of the Medical Committee
On the accounts of Dr. P. A. Wilhite, for services rendered prisoners in
jail; which was referred to the Committee on Claims and Grievances.
Mr. McALILEY presented the reports of the Committee on Finance
and Banks on the report of the Committee of "Ways and Means
On the petition of James Jones, Commissioner of the New State Capitol^
asking to he paid his salary for 1860 ; also,
On the annual report of the Commissioners of the Poor of the City of
Charleston; also,
On the report of the same Committee
On a message from the House, asking leave to amend a resolution of the
Senate in relation to the petition of Mrs. Elizabeth Jatfoby; which was
ordered for consideration to-morrow.
Mr. DANTZLER presented the report of the Committee on Agriculture
and Internal Improvements
On the report of the Keowee and Tuckaseegee Turnpike Road;
On the report of the President and Secretary of the South Carolina Ag¬
ricultural Society.
Mr. DANTZLER, from the Committee on Agriculture and Internal Im¬
provements, reported
A Bill to alter and amend the second Section of an Act entitled " An Act
to alter and amend the law in relation to fish sluices on the Catawba and
Wateree rivers, and for other purposes;" which were ordered for conside¬
ration to-morrow.
The House of Representatives sent to the Senate, for concurrence,
The report of the Committee on Education, on the report of the Commis¬
sioners of the Deaf, Dumb and Blind.
Mr. HAMPTON presented the report of the Committee on the New
State House, on the House Bill to authorize the issue of Bonds or Stock;
which was ordered for consideration to-morrow.
Mr. SHARPE, from the Committee on the part of the Senate to count
the ballots for Lieutenant Governor, reported that W. W. Harllee had
received a majority of all the votes cast. He was therefore declared by the
PRESIDENT to be duly elected.
The following Message was received from His Excellency the Governor:
Executive Department, Columbia, December 15, 1860.
Gentlemen of the Senate and House of Representatives:
I have the honor to inform you that the Hon. John A. Elmore has been
appointed and commissioned by the Governor of the State of Alabama a
SATURDAY, DECEMBER 15, 1860.
103
Commissioner to the State of South Carolina, to confer with the Governor
and Convention of the people on the present condition of Federal affairs,
and that he has arrived and presented his credentials to me.
W. H. GIST.
Mr. GARLINGTON presented the following resolution :
Resolved, That a Special Committee of three he appointed to wait upon
the Hon. John A. Elmore, Commissioner from the State of Alabama to this
State, and ascertain whether he would be pleased to communicate with this
General Assembly, and that a message be sent to the House of Representa¬
tives, asking that body to appoint a similar Committee, to act as a Joint
Committee with the Committee of the Senate, and that the Hon. John A.
Elmore be invited to a seat on the floor of the Senate.
Which resolution was agreed to.
Messrs. Garlington, Rhett and Hampton were appointed the Committee
on the part of the Senate, and a message was sent to the House.
Mr. GARLINGTON presented the following report of the Special Joint
Committee appointed to wait on the Honorable John A. Elmore, Commis¬
sioner from the State of Alabama :
The Special Joint Committee appointed to wait on the Hon. John A.
Elmore, Commissioner from the State of Alabama to this State, and ascer¬
tain whether he would be pleased to communicate with the General Assem¬
bly, ask leave to report, That they have discharged that duty, and that the
Hon. John A. Elmore, in answer to the inquiry of your Committee, states
that by the terms of his commission it will be more proper for him to com¬
municate with the Convention of the people of this State, to assemble on
the 17th inst.
The Senate granted leave of absence to the Senator from Williamsburg,
from and after 2 o'clock, P. M., to-day, on account of sickness in his family.
The House of Representatives sent to the Senate the following message :
House or Representatives, December 15, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully asks of your body the appointment of a Commit¬
tee, to act with a Committee consisting of Messrs. Green, Bookter, Gibbes
and Adams, appointed by this House to provide suitable arrangements for
the sitting of the State Convention to be held in this city on the 17th inst.
By ordejr of the House,
JAMES SIMONS, Speaker.
104
JOURNAL OF THE SENATE,
Messrs. Hampton, Wilson and Roberds were appointed a Committee on
the part of the Senate.
At 1 o'clock, P. M., a call of the Senate was ordered. The following
Senators answered to their names :
Hon. W. D. Porter, President; Messrs. Alston, Appleby, Boykin, Boyle,
Bryan, Dantzler, DeLoacli, Garlington, Hampton, Harrison, Hope, Keitt,
Lesesne, Manning, Mazyck, McAliley, McKewn, Moses, S. W. Palmer,
Rbett, Roberds, Sessions, Sharpe, Wagner and Wilson.
Messrs. Barnes, E. G. Palmer and Watson were reported sick. A num¬
ber of Senators were absent on Committees, by leave of the Senate.
The Messenger was dispatched to summon the absentees. The following
report was made by the Messenger :
In the Senate, December 15,1860.
To the Honorable, the President of the Senate:
The Messenger reports that he has been unable to find any of the absent
Senators except the Senators from Barnwell and Williamsburg. The latter
has rendered himself in the Senate Chamber; the former has gone home.
Respectfully submitted,
A. D. GAILLAIRD.
The further call was dispensed with.
The House of Representatives sent to the Senate, report of the Commit¬
tee on Claims
On the account of M. B. Ward, for blankets furnished the jail;
On the petition of John H. Hood, for compensation for a slave deserted
by his master;
On Message No. 8 of His Excellency the Governor, relating to the report
of James A. Black, Agent of the State;
On the account of Davis & Crews, for public printing;
On the account of W. C. Chewing, for blankets furnished prisoners in jail;
On the account of the Charleston Evening News, for public printing;
On the account of the Chester Standard, for public printing;
On the account of Stanton & Hyne, for public printing ;
On the account of Barnabas Williamson, administrator, for blankets fur¬
nished prisoners in jail;
On the account of Gilbert & Darr, for public printing;
On the account of James Powell, for public printing;
On the account of James A. Hoyt, for public printing;
On the account of Harnett & Machen, fpr public printing;
On the account of J. W. Tarbox, for public printing;
SATURDAY, DECEMBER 15, 1860.
105
On the account of Francis DeLorme, proprietor of the Sumter Dispatch,
for public printing;
On the account of J. M. Brown, for public printing;
On the account of James D. Nance, for public printing;
On the account of G. M. McJunkin, against the State, for printing;
On the account of L. M. Grist, for public printing;
On the account of L. F. & L. S. Brockinton, for services rendered pris¬
oners in jail; which were referred to the Committee on Claims and Griev¬
ances.
Reports of the Medical Committee
On the account of W. W. Fraser, for post mortem examination;
On the account of S. F. Parrott, for post mortem examination;
On the report of the Roper Hospital;
On the account of Dr. James F. Pearce, for post mortem examination;
On the account of Dr. Z. R. Fulmore, for post mortem examination;
On the account of Dr. R. V. Donnelly, for post mortem examination;
On the account of Dr. M. L. Steele, for post mortem examination;
On the account of Dr. Edward Westfeldt, for post mortem examination;
On the account of Dr. J. Ford Prioleau, for post mortem examination :
Report of the Committee on the Lunatic Asylum on the Regents' report;
which were referred to the Committee on the Lunatic Asylum and Medical
Accounts:
Report of the Special Joint Committee appointed to examine the contin¬
gent accounts of the Governor; which was ordered to lie on the table :
Report of the Committee of Ways and Means
On the petition of H. Laurens Toomer, for remission of double tax;
which was referred to the Committee cn Finance and Banks :
Report of the Committee on Agriculture
On the report of the President and Secretary of the State Agricultural
Society; which was referred to the Committee on Agriculture and Internal
Improvements:
Report of the Committee on Incorporations
On the petition of sundry citizens of Cheraw, praying an extension of
the corporate limits of the town ; which was referred to the Committee on
Incorporations and Engrossed Acts :
Report of the Special Committee of the York and Lancaster Delegations
On the account of D. J. Rice, Indian Agent, for services rendered to the
Catawba tribe of Indians; which was referred to the Committee on Finance
and Banks:
Report of the same Committee
14
106
JOURNAL OP THE SENATE,
On account of Adam Ivey, former agent, for services rendered the Ca¬
tawba Indians ; which was referred to the Committee on Finance and Banks.
Mr. HAMPTON presented the report of the Committee of Conference
on providing- suitable accommodations for the State Convention; which was
agreed to, and was ordered to be sent to the House of Representatives, and
to be printed.
The Senate proceeded to the
SPECIAL ORDER FOR QUARTER-PAST 12 O'CLOCK, P. M.
Report (favorable, with amendments) of the Committee on Finance and
Banks on a Bill to authorize the issue of certificates or stock to provide for
the military defence of the State; which was discharged, and the same sub¬
ject was made the Special Order of the day for Monday next, at 1 o'clock,
P.M.
SPECIAL ORDER FOR HALF-PAST 12 O'CLOCK, P. M.
Report of the Committee on Accounts and Vacant Offices; which was
agreed to, and was ordered to be sent to the House of Representatives.
SPECIAL ORDER FOR QUARTER-PAST 1 O'CLOCK, P. M.
A Bill (introduced by Mr. McAliley) to lend the name and credit of the
State to the Greenville and Columbia Railroad Company in the readjust¬
ment of their debt; which was made the Special Order of the day for
Monday next, at half-past 1 o'clock, P. M.
SPECIAL ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
Favorable report of the Committee on Military and Pensions on a Bill
for the establishment of a Coast Police for the State of South Carolina;
which was made the Special Order of the day for Monday next, at 2
o'clock, P. M.
The following message was received from the House of Representatives,
and was ordered to lie on the table:
House of Representatives, December 15, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully informs your body that it has appointed Messrs.
Buist, Wm. Whaley, and Aldrich, a Special Committee to wait upon Hon.
John A. Elmore, Commissioner from the State of Alabama to this State,
and ascertain whether he would be pleased to communicate with this Gen-
SATURDAY, DECEMBER 15, 1860.
107
eral Assembly, and asks the appointment of a similar Committee by the
Senate, to act jointly with tbe Committee of this House.
By order of tbe House,
JAMES SIMONS, Speaker.
Mr. FICKLING presented tbe report of tbe Committee on Privileges and
Elections on tbe report of tbe Committee on Privileges and Elections of
tbe House of Representatives, in relation to tbe Managers and Places of
Election.
Mr. MARSHALL submitted the following report :
The Committee of Conference on tbe part of tbe Senate and House of
Representatives, to whom was referred a A Bill to provide an armed Mili¬
tary Force/' beg leave to report, That they have bad a free conference upon
the subject-matter committed to them, and recommend that all after tbe
enacting clause in tbe House Bill be stricken out, and a substitute adopted,
which is herewith reported.
The report and amendments were agreed to. Tbe third reading of the
Bill was suspended.
Tbe Senate proceeded to tbe
GENERAL ORDERS OF THE DAY.
Tbe following unfavorable reports were agreed to, and the House reports
were rejected, to wit:
Tbe reports of tbe Committee on the Lunatic Asylum and Medical Ac¬
counts
On tbe report of tbe Medical Committee of tbe House of Representa¬
tives on tbe account of Dr. Melvin Greenland, for post mortem examina¬
tion ;
On tbe report of the same Committee on tbe account of Dr. J. Ford Prio-
leau, for post mortem examination;
On the report of tbe same Committee on tbe account of Dr. J. C. Dargan,
for post mortem examination.
The following reports of tbe Committee on tbe Lunatic Asylum and Medi¬
cal Accounts were agreed to by tbe Senate, and messages were ordered to be
sent to the House of Representatives, asking leave to amend tbe reports of
tbe Medical Committee of tbe House of Representatives accordingly, to
wit:
On tbe account of Dr. R. A. Kinloch, by striking out eighty dollars and
inserting sixty dollars.
108
JOURNAL OF THE SENATE,
Oil the account of Dr. J. Ford Prioleau, so that he will receive eighty
dollars, and that the balance of his account be rejected.
On the account of Dr. T. R. Aldrich, so that he will receive twenty
dollars, and the balance of his account be rejected.
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts on the accounts of Drs. Dudley & Moses was agreed to, and was
ordered to be sent to the House of Representatives for concurrence.
A resolution in relation to leasing the Turnpike Road over Saluda moun¬
tain, was agreed to, and sent to the House of Representatives for concur¬
rence.
Mr. CANNON submitted the following report:
The Special Committee, on the part of the Senate, to meet a similar Com¬
mittee of the House, " to take into consideration the propriety of this Gen¬
eral Assembly taking-a recess," report, That they met the Committee of the
House, and after a very full and free conference in Joint Committee, were
unable to agree as to any definite course of action. The importance of the
matter referred was such that your Committee are unwilling to recommend,
at this time, what action should be taken. They therefore ask to-be dis¬
charged from the further consideration of the subject.
The Committee was discharged accordingly.
The following reports were concurred in, and sent to the House of Repre¬
sentatives :
The reports of the Committee on Claims
On the account of A. A. Nettles, to be refunded certain money paid by
him;
On the account of R. C. Logan, for public printing;
On the account of the Courier office, of Charleston;
On the. account of L* M. Gentry, Sheriff of Spartanburg District, for
articles furnished prisoners;
On the account of Dr. Augustus D. Hoke, for medical services rendered
prisoners in jail;
On the account of A. Wingo, Sheriff of Spartanburg District;
On the account of Samuel Beard, Sheriff, for blankets furnished for jail;
On the account of Dr. H. W. Moore, for attendance on prisoners in jail;
On the account of A. N. Talley, M. D., for services rendered prisoners in
jail;
On the account of W. M. Connors, for public printing;
On the account of James Johnson, Sheriff, for blankets furnished for
jail:
Reports of the Medical Committee
MONDAY, DECEMBER 17, 1860.
109
On the account of Dr. W. F. Percival, for post mortem examination;
On the account of Dr. W. W. Fraser, for post mortem examination;
On the account of Dr. F. S. Lewie, for post mortem examination;
On the account of Dr. B. W. Lawton, for post mortem examination;
On the account of Carolina C. Webster, widow, for estate of Dr. J. C.
Webster, for post mortem examination :
Report of the Special Committee to whom was referred the annual return
of the trustees of the estate of Dr. John DeLa Howe.
On motion of Mr. WAGNER, the Senate adjourned at 20 minutes to 3
o'clock, P. M.
MONDAY, DECEMBER 17, 1860.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of Saturday.
Mr. HAMPTON presented the account of the Keeper of the State
House; which was referred to the Committee on Claims and Grievances.
The House of Representatives sent to the Senate the following resolution:
Resolved, unanimously, That the General Assembly, appreciating the
generosity which suggested the voluntary labors of Hon. Franklin J. Moses,
in completing the volume upon Election Laws, undertaken by the late
Edmund Bellinger by direction of the Legislature, and left unfinished by his
sudden death, direct the Clerks of the two Houses to present to Mr. Moses
a bound copy thereof, with this resolution inscribed.
Also, the following message :
House of Representatives, December 15, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully concurs in the proposition of your body to con¬
tinue the Committee appointed by this House on Postal Arrangements.
By order of the House,
JAMES SIMONS, Speaker.
The following message was received from His Excellency the Governor:
110
JOURNAL OF THE SENATE,
Executive Department, Columbia, December 15, 1860.
Gentlemen of the Senate and House of Representatives :
I have the honor to inform yon that the Hon. Charles Ed. Hooker has
been appointed and commissioned by the Governor of Mississippi a Com¬
missioner to " proceed to the Capital of South Carolina to inform the peo¬
ple 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, and to express the earnest hope of
Mississippi that South Carolina will co-operate with her in the adoption of
efficient measures for the common defence and safety of the South."
I have the honor to state, furthermore, that the said Commissioner has
arrived and presented his credentials.
WM. H. HIST.
Mr. G ARLINGTON offered the following resolution :
Resolved, unanimously, That a Committee of three be appointed to wait
upon the Hon. Charles Edward Hooker, Commissioner from Mississippi to
this State, and ascertain whether he would be pleased to communicate with
the General Assembly; and that a message be sent to the House of Repre¬
sentatives, requesting a concurrence in this resolution, and the appointment
of a similar Committee, and that the Joint Committee be charged with
making suitable arrangements for the accommodation of Mr. Hooker and
the Hon. John A. Elmore, Commissioner from the State of Alabama, and
tendering to them the hospitality of the State.
The resolution was agreed to, and Messrs. G-arlington, Alston and Wag¬
ner, were appointed a Committee on the part of the Senate.
Mr. HAMPTON offered the following resolution ; which was agreed to:
Resolved, That the privileges of the floor of the Senate be extended to
the Honorable Howell Cobb.
The House of Representatives sent to the Senate the following messages:
House oe Representatives, December 15, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully informs your body that Messrs. Farrow, Durye&,
Lide, J. L. Miller, and Pulliam, have been appointed a Committee on the
part of this House to make arrangements for the inauguration of the Gov¬
ernor elect, and requests the appointment of a similar Committee by your
body, to act jointly with the Committee of this House.
By order of the House,
JAMES SIMONS, Speaker.
MONDAY, DECEMBER 17, 1860.
Ill
The Senate concurred, and Messrs. Moses, McKewn and Appleby, were
appointed the Committee.
House op Representatives, December 15, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully informs your body tbat Messrs. Buist, Eraser
and Whitner, have been appointed a Committee to wait upon Hon. Charles
Edward Hooker, Commissioner from Mississippi to this State, and ascertain
whether he would be pleased to communicate with the General Assembly,
and asks that the Senate will appoint a similar Committee, to act jointly with
the Committee of this House; said Joint Committee to be further charged
with making arrangements for the accommodation of Mr. Hooker and the
Hon. John A. Elmore, Commissioner from the State of Alabama, and ten¬
dering to them the hospitalities of the State.
By order of the House,
JAMES SIMONS, Speaker.
The House of Representatives sent to the Senate the following paper :
A resolution in relation to the appointment of Managers of Election;
which was referred to the Committee on Privileges and Elections.
Mr. LESESNE offered the following resolution; which was agreed to:
Resolved, That the Clerk of the Senate, in issuing pay bills for members
of the Senate, do add per diem and mileage for the members of the Com¬
mittee on Military and Pensions, and of the Committee on Finance and
Banks, in relation to the sittings of those Committees during the vacation.
The House of Representatives sent to the Senate
Report of the Committee on Education, on the report of the Yestry of
the Parish Church of St. James', Goose Creek, on the Ludlam School Fund,
and the report of the Attorney General on the debt of Barnard E. Bee to
said fund; which was referred to the Committee on the College, Education
and Religion.
The House of Representatives returned to the Senate the following
reports of the Committee on Claims and Grievances :
On the petition of Jas. H. Harrison, praying compensation for finding and
burying the body of George Keerison ;
On the account of Thomas J. Warren, for public printing;
On the account of G. A. Fink, for public printing;
On the petition of J. W. Arnold, sheriff of Laurens District, praying
compensation for blankets, &c., furnished prisoners ;
On the account of W. W. Purse, for work done in Senate Chamber;
112
JOURNAL OF THE SENATE,
On the account of the sheriff of Lexington District, for blankets
furnished prisoners in jail;
On the account of C. E. Davant, sheriff of Beaufort District, for blankets
furnished prisoners ;
On the account of A. 0. Norris & Co., for public printing;
On the account of R. W. Gribbes, Sr., for public printing; also,
The report of the Committee on the Lunatic Asylum and Medical
Accounts
On the account of Dr. A. E. Davant, for services rendered prisoners in
jail;
On the account of Dr. R. W. Bates, for post mortem examination;
On the account of Drs. Harrell & Norman, for post mortem examination.
Report of the Committee on Military and Pensions
On the petition of John McGirath, praying to be placed on the pension
roll.
The House of Representatives sent to the Senate the report of the Medi¬
cal Committee
On the account of Dr. J. Ford Prioleau, for post mortem examination;
On the account of Dr. T. M. Mouzon, for services rendered prisoners in
jail;
On the account of Dr. James Moore, for post mortem examination;
On the account of Dr. D. S. Benson, for post mortem examination;
On the account of Dr. W. H. Henry, for post mortem examination;
On the account of Dr. John S. Craig, for post mortem examination;
On the account of Dr. Gr. S. Trezvant, for post mortem examination;
On the account of Dr. R. W. Hale, for post mortem examination;
On the account of Dr. J. M. Warren, for post mortem examination;
On the account of Dr. W. D. Wallace, for attendance on prisoner in jail;
which were referred to the Committee on the Lunatic Asylum and Medical
Accounts.
The House of Representatives sent to the Senate the report of the Spe¬
cial Joint Committee, to whom was referred the matter of making the neces¬
sary arrangements for the assembling of the State Convention in the city of
Columbia, on the 17th of December; which was ordered to lie on the table.
Also, the following resolutions :
Resolved, That Dr. John E. Lewis and J. Wesley Cheatham be, and they
are hereby, appointed Managers of Elections at the precinct or poll in Edge¬
field District known as Liberty Hill, in the place and stead of John F. Bur¬
gess and Joseph L. Gilbert.
Which was referred to the Committee on Privileges and Elections.
MONDAY, DECEMBER 17, 1860.
118
Resolved, That copies of Holmes' Fossils, Nos. 11 to 15, inclusive of the
second volume, he distributed by the Librarian, as heretofore, to each mem¬
ber of the General Assembly desiring the same.
Which was referred to the Committee on the Legislative Library.
Report of the Committee on Education on the returns of Commissioners
of Free Schools for the year 1860.
The House of Representatives sent to the Senate, for concurrence,
The reports of the Committee on Accounts of the House of Representa¬
tives on the Comptroller General's report on Contingent Accounts against the
Lower Division of the Treasury; which was referred to Committee on Ac¬
counts and Vacant Offices.
Mr. MOSES submitted the following report:
The Committee appointed on behalf of the Senate to wait upon the
Governor elect and inform him of his election, and ascertain when it will
suit him to qualify, ask leave to report, They have performed the duty
assigned them, and that he has signified his intention to qualify this day, at
2 o'clock, P. M.
Mr. MOSES moved that a Special Committee be appointed to make the
necessary arrangements; which was agreed to,, and Messrs. Moses, McKewn,
and Appleby were appointed the committee; and a message was sent to the
House of Representatives pursuant thereto.
Mr. JOHNSON submitted the following report:
The committee appointed on the part of the Senate to wait on the
Lieutenant Governor elect, and inform him of his election, have discharged
the duty assigned them, and ask leave to report, That he has signified his
✓intention to accept the offic^, and will be ready to qualify this day, immedi¬
ately after the inauguration of the Governor elect.
The House of Representatives sent to the Senate the following message:
House of Representatives, December 15, 1860.
Mr, President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to amend a " Bill to
provide for an Armed Military Force," by striking out all after the enacting
clause, and inserting the amendment contained in the schedule hereto
attached.
By order of the House,
JAMES SIMONS, Sneaker.
15
114
JOURNAL OF THE SENATE,
The Senate then proceeded with the third reading of the Bill, which
having been concluded, the bill was passed : the title was changed into "An
Act," and it was returned to the House of Representatives.
The House of Representatives sent to the Senate
A Bill for the establishment of a Coast Police for the State of South Car¬
olina; which received the first reading, and was referred to the Committee
on Military and Pensions, and was ordered to be printed. ;
The House of Representatives sent to the Senate the following resolution:
Resolved, That when this General Assembly adjourns on Monday next, it
be adjourned to meet on Thursday, the 20th inst,, at ten o'clock, A. M., at
such place in the City of Charleston as may be selected by the Delegation
from Charleston in both branches of the General Assembly, who are hereby
constituted a Special Committee to be charged with making the necessary
arrangements for the place of meeting.
A call of the Senate was ordered, when the following Senators answered
to their names :
Messrs. Alston, Appleby, Barker, Barnes, Boykin, Boyle, Bryan, Bull,
Cannon, Dantzler, DeLoach, Fickling, Furman, Garlington, Hampton, Har¬
rison, Hart, Hope, Johnson, Keitt, Lesesne, Marshall, McAliley, McCaw,
McKewn, Moses, S. W. Palmer, Rhett, Roberds, Sessions, Sharpe, Wagner
and Wilson.
Messrs. Manning, E. G. Palmer, and Watson, were reported absent,
and Mr. Mazyck was absent in attendance as a delegate to the State
Convention.
On the question of concurring in the resolution, the yeas and nays were
ordered to be taken, and they are as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Alston, Boyle, Bryan, Cannon,
DeLoach, Furman, Garlington, Hart, Johnson, Lesesne, Moses, Roberds
and Wilson.
Those who voted in the negative, are
Messrs. Appleby, Barker, Barnes, Boykin, Bull, Dantzler, Fickling,
Hampton, Harrison, Hope, Keitt, Marshall, McAliley, McCaw, McKewn,
S. W. Palmer, Rhett, Sessions, Sharpe and Wagner.
In the affirmative, 14.
In the negative, 20.
The Senate therefore refused to concur in the resolution.
On motion of Mr. HARRISON, the Senate reconsidered the vote, and
the same subject was made the Special Order for this evening, at 8 o'clock.
MONDAY, DECEMBER 17, 1860.
115
Mr. HARRISON presented the reports of the Committee on Claims and
Grievances
Qn the contingent account of the State House Keeper;
On the account of the Clerk of the Senate ;
On the report of the Committee on Claims of the House
On the account of Douglass & Calvo, for public printing;
On the account of E. R. Stokes, for public binding;
On the account of E. A. Bronson, for public printing;
On the account of S. P. Laird, for dieting a slave while in his custody;
On the account of the Keowee Courier, for public printing;
On the account of Filder Gosset, for blankets furnished, prisoners in
jail;
On the account of P. B. Glass, for stationery ;
On the account of the Orangeburg Southron, for public printing;
On the account of R. A. Pagan, sheriff, for blankets furnished prisoners
in jail;
On the petition of Hamilton Wilson, praying compensation for carrying
prisoners to jail;
On the account of Alfred Denson, a constable; which were severally
ordered for consideration to-morrow.
Mr. MARSHALL offered the following resolution :
Resolved, That a message be sent to the House of Representatives, ask¬
ing that body to join the Senate, in the Senate Chamber, at half-past seven
o'clock this evening, for the purpose of ratifying
An Act to establish a Board of Ordnance and an Ordnance Bureau, and
An Act to provide an Armed Military Force.
The resolution was agreed to, and a message was sent to the House of.
Representatives accordingly.
Mr. MARSHALL also offered a resolution for printing two thousand
copies of the same in pamphlet edition, for distribution among the members
of the Legislature; which was considered, and agreed to.
The report of the Committee on the New State House
On so much of the Message of the Governor as relates to the New State
House, was made the Special Order for to-morrow at 2 o'clock, P. M.
Mr. WAGNER, from the Committee on Accounts and Vacant Offices,
submitted a report
On the report of the Committee on Accounts of the House of Rep¬
resentatives, on the Comptroller General's report on the Contingent Ac¬
counts against the Upper Division of the Treasury; which was ordered
for immediate consideration ; and
116
JOURNAL OF THE SENATE,
The report of the Committee on Accounts of the House of Representa¬
tives was concurred in, and returned to the House of Representatives.
INAUGURATION OF THE GOVERNOR AND LT. GOVERNOR.
The Senate, at 2 o'clock, P. M., on motion of Mr. CANNON, proceeded
to the House of Representatives.
Immediately thereafter the Governor and Lieutenant Governor of the
State, and the Hon. F. W. Pickens, Governor elect, and Hon. W. W.
Harllee, Lieutenant Governor elect, accompanied by the Committee of Ar¬
rangements of both Houses, entered the Hall.
The Governor elect, in entering upon the duties of the station assigned to
him, addressed the General Assembly in an impressive and eloquent manner
upon the present condition and future prospects of the State, and the duties
of her citizens in the exigencies which await them. The Speaker of the
House of Representatives then administered the constitutional oath of
office to the Governor and Lieutenant Governor elect.
The Senate then retired to the Senate Chamber, and immediately there¬
after the Speaker of the House of Representatives, accompanied by the
Members, and attended by the officers of the House, entered the Senate
Chamber, where the President of the Senate delivered to the Governor and
Lieutenant Governor elect their commissions. Thence the Governor and
Lieutenant Governor, accompanied by the President of the Senate and
Speaker of the House of Representatives, with the members of the General
Assembly, repaired to the east portico of the Capitol, where the Sheriff of
Richland District read the commission, and made proclamation of the elec¬
tion of the Governor.
Mr. GARLINGTON submitted the following report : ^
The Special Joint Committee appointed to wait upon Hon. Charles Ed¬
ward Hooker, Commisioner from the State of Mississippi to this State, and
ascertain whether he would be pleased to communicate with the General
Assembly, and who were also charged with making arrangements for the
accommodation of Mr. Hooker, and also of Hon. John A. Elmore, Commis¬
sioner from the State of Alabama, and of tendering the hospitalities of the
State, beg leave to report, That they have discharged the duty assigned
them, and that Mr. Hooker deems it more appropriate that he should com¬
municate with the Convention of the People of this State, now in session in
the city of Columbia.
The Committee also beg leave to report that Messrs. Elmore and Hooker
accept the hospitalities tendered to them by the General Assembly, and pre¬
sent their profound acknowledgments therefor.
MONDAY, DECEMBER 17, 1860.
117
The Senate proceeded to the
SPECIAL ORDER FOR 1 O'CLOCK, P. M.
The Report of the Committee on Finance and Banks, on
A Bill, from the House of Representatives, to authorize the issue of certifi¬
cates or stock to provide for the Military defence of the State. The Special
Order was discharged, and the same subject was made the Special Order for
half-past 2 o'clock, P. M. It was afterwards discharged, and was made the
Special Order for 7 o'clock, P. M., to-day.
SPECIAL ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
A Bill, reported by the Committee on Finance and Banks, to lend the
name and credit of the State to the G-reenville and Columbia Railroad Com¬
pany, in the readjustment of their debt, was, on motion of Mr. GrARLINGr-
TON, made the Special Order of the day for to-morrow, at half-past 1, P. M.
On motion of Mr. MAZYCK, the Senate, at 20 minutes to 3 o'clock, P.
M., suspended business until 7 o'clock, P. M.
RECESS.
At 7 o'clock, P. M., the PRESIDENT resumed the Chair, and the
Senate proceeded with business.
Mr. SIMPSON submitted the following report:
The Committee on Incorporations and Engrossed Acts beg leave to report
That the following Acts have been engrossed, and are ready to be ratified,
to wit:
" An Act to establish a Board of Ordnance and an Ordnance Bureau, and
for other purposes and
" An Act to provide an Armed Military Force."
The following message was received from the House of Representatives :
House of Representatives, December 17, 1860.
Mr. President, and Gentlemen of the Sena te :
This House respectfully accepts the invitation of your body to attend in
the Senate Chamber this day, at 73 o'clock, P. M., to ratify an Act entitled
"An Act to establish a Board of Ordnance and an Ordnance Bureau;"
and an Act entitled
"An Act to provide an Armed Military Force."
By order of the House,
JAMES SIMONS, Speaker.
118
JOURNAL OF THE SENATE,
At a quarter past 7 o'clock, P. M., a call of the Senate was ordered, when
the following Senators answered to their names :
Hon. W. D. Porter, President; and Messrs. Alston, Barker, Boykin,
Boyle, Bryan, Cannon, Dantzler, DeLoach, Fickling, Furman, Garlington,
Harrison, Hart, Hope, Irb3% Johnson, Mazyek, McAliley, McCaw, Moses,
S. W. Palmer, Rhett, Roberds, Sessions, Sharpe, Simpson and Ware.
Messrs. Barnes, Manning, E. G. Palmer, and Watson, were reported to
be sick.
Further proceedings under the call were dispensed with.
The Senate proceeded to the
SPECIAL ORDER FOR 7 O'CLOCK, P. M.
Report of the Committee on Finance and Banks, on
A Bill, from the House of Representatives, to authorize the issue of Cer¬
tificates or Stock to provide for the military defence of the State. The
Committee recommend the following amendment:
Strike out of the first section all after the enacting words, and insert the
following, viz:
"That the President of the Bank of the State of South Carolina be, and,
he is hereby, authorized to issue, in the name of the State of South Carolina,
two thousand Certificates for the sum of one hundred dollars each, of the
form hereinafter set forth, to be signed by the said President and counter¬
signed by the Cashier of the said Bank, bearing interest at the rate of six
per cent, per annum, payable on the first day of June of each and every
year, at the Bank of the State of South Carolina, in Charleston, and
redeemable thereat; that is to say: Five hundred of the said Certificates to
be redeemable on the first day of June, in the year of our Lord one thou¬
sand eight hundred and sixty-two, and five hundred of the said certificates
to be redeemable on the first of June, in the year of our Lord one thou¬
sand eight hundred and sixty-three; five hundred of the said Certificates to
be redeemable on the first day of June, in the year of our Lord one thou¬
sand eight hundred and sixty-four, and five hundred of the said Certificates
to be redeemable on the first day of June, in the year of our Lord one
thousand eight hundred and sixty-five. And the interest accruing on the said
Certificates shall be paid by the said Bank out of its annual profits, before
carrying the same to the credit of the Sinking Fund; and the principle of
the said Certificates, as they become payable, shall be paid out of the Sink¬
ing Fund in the possession of the Bank."
Mr. WAGNER moved that the amendment do lie on the table; which
question was ordered to be taken by yeas and nays, and they are as follows:
Those who voted in the affirmative, are
MONDAY, DECEMBER 17, 1860.
110
Hon. W. D. Porter, President; Messrs. Alston, Boyle, Bryan, Fick-
ling, Furman, Garlington, Hampton, Harrison, Hart, Irby, Manning, Mar¬
shall, Moses, Rhett, Sharpe, Simpson, Wagner, Ware and Wilson.
Those who voted in the negative, are
Messrs. Appleby, Barker, Barnes, Boykin, Cannon, Dantzler, DeLoach,
Hope, Johnson, Keitt, Mazyck, McAliley, McCaw, S. W. Palmer, Roberds
and Sessions.
In the affirmative, 20.
In the negative, 16.
The amendment was therefore ordered to lie on the table.
The second reading of the Bill was concluded, and the Bill was ordered
to be sent to the House of Representatives.
At 7 o'clock, P. M., pursuant to the order previously made, the Speaker
and Members of the House of Representatives attended in the Senate
Chamber, when the following Acts were duly ratified, in the presence of
the members of both branches of the General Assembly, viz:
An Act to establish a Board of Ordnance and an Ordnance Bureau, and
for other purposes;
An Act to provide an Armed Military Force.
At 8 o'clock, P..M., the Senate proceeded to the Special Order for this
hour, the resolution in relation to adjournment.
The Senate having considered the resolution, it was concurred in, and
returned to the House of Representatives.
Mr. FICKLING submitted reports from the Committee on Privileges
and Elections, on resolutions from the House of Representatives for ap¬
pointing Managers of Elections at certain polls in Laurens, Newberry and
Edgefield; and the reports having been ordered for immediate considera¬
tion, the resolutions were concurred in, and returned to the House of Rep¬
resentatives.
Mr. WAGNER offered a resolution authorizing the President of the
Senate to sign the pay rolls of Senators ; which was agreed to.
Mr. MARSHALL offered a resolution authorizing the President of the
Senate to draw a warrant on the Treasury for one-half the amount due the
Reading Clerk and Engrossing Clerks, and the Messenger and Door-Keeper
of the Senate; which was also agreed to.
The Special Order for half-past 1, P. M., for Tuesday, the 18th inst.,
A Bill to lend the credit of the State to the Greenville and Columbia
Railroad Company, in the readjustment of their debt—and the Special Order
for 2, P. M., of the same day, to wit: The report of the Committee on the
new State House, on the Commissioner's report, and on so much of the
Message No. 1 of His Excellency the Governor as relates to the new State
120
JOURNAL OF THE SENATE,
House, were respectively discharged, and the same subjects were placed in
the General Orders of the day.
Mr. HAMPTON called up the report of the Committee on Claims and
Grievances on the account of Theo. Starke, Keeper of the State House,
and it was agreed to, and sent to the House of Representatives for concur¬
rence.
On motion of Mr. ALSTON, the Senate adjourned at 9 o'clock, P. M.
[CHARLESTON.]
THURSDAY, DECEMBER 20, 1860.
The General Assembly having adjourned from Columbia to Charleston,
on Monday, 17th inst., in consequence of the prevalence of a contagious
disorder in Columbia, assembled on this day, at 10 o'clock, A. M., in Hiber¬
nian Hall, in the City of Charleston.
The Clerk read the Journal of the proceedings of Tuesday.
On motion of Mr. MOSES, a message was sent to the House of Repre¬
sentatives, delivered orally by the Clerk, informing that House that, pur¬
suant to the adjournment at Columbia, the Senate had this day met in the
Hibernian Hall, and a quorum being present, it had proceeded with
business.
Immediately thereafter, a similar message, delivered in a similar manner,
was received from the House of Representatives.
The following messages were received from the House of Representatives:
House of Representatives, December 17, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to amend the report of
the Medical Committee of this House, on the account of Dr. J. Ford
Prioleau, by striking out all after the word " recommend," in the said
report, and substituting the following: "that he be paid the sum of eighty
dollars, and that the balance of the account be rejected."
By order of the House,
JAMES SIMONS, Speaker.
THURSDAY, DECEMBER 20.
121
House of Representatives, December 17, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to amend the report of
the Medical Committee of this House, on the account of Dr. T. R. Aldrich,
by striking out all after the-word "paid," in said report, and inserting the
following: " the sum of twenty dollars, and that the balance of the account
be rejected."
By order of the House,
■ JAMES SIMONS, Speaker.
The reports were amended, and as amended were concurred in, and were
returned to the House of Representatives.
House of Representatives, December 17, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to amend the report of
the Medical Committee of this House, on the account of Dr. R. A. Kinloch,
by striking out "eighty dollars," and inserting "sixty dollars, and that the
balance of the account, twenty dollars, be rejected."
By order of the House,
JAMES SIMONS, Speaker.
Which was concurred in, and was returned to the House of Representa¬
tives.
House oe Representatives, December 20, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully proposes to your body to unite in a ballot for a
President and four Directors of the Bank of the State of South Carolina,
on to-morrow, at 1 o'clock, P. M.
By order of the House,
JAMES SIMONS, Speaker.
Which was concurred in, and a message of concurrence was sent.
Mr. HOPE offered the following resolution :
Resolved, That it be referred to the Committee on the new State House,
to inquire into the expediency, under the present advanced condition of the
work, of curtailing the number of sub-officers in the department of the
chief Architect.
Which was agreed to.
16
122
JOURNAL OF THE SENATE,
Mr. FURMAN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts
On the account of Dr. TV. T. TV. Baker, for post mortem examination;
which was ordered for consideration to-morrow.
Report of the same Committee, on the report of the Medical Committee
of the House,
On the account of Dr. James F. Pearce, for post mortem examination;
On the account of Dr. Wm. Pettigrew, for post mortem examination;
On the account of Dr. F. P. Porcher, for post mortem examination;
On the account of Dr. R. V. Donnelly, for post mortem examination;
On the account of Dr. TV. H. Henry, for post mortem examination;
On the account of Dr. J. S. Craig, for post mortem examination;
On the account of Dr. S. F. Parrott, for post mortem examination;
On the account of Dr. TV. TV. Fraser, for post mortem examination;
which were ordered for consideration to-morrow.
The House of Representatives sent to the Senate
The report of the Special Joint Committee on Public Printing, appoint¬
ing Charles P. Pelham printer of permanent work of this General Assembly;
Report of the Committee on the Legislative Library, on resolutions in¬
structing the Librarian to furnish the Attorney General and Solicitors with
copies of certain publications; which were concurred in, and were returned
to the House of Representatives.
The House of Representatives sent to the Senate the following Bills :
A Bill to alter and amend an Act entitled "An Act to require and regu¬
late the granting of Licenses to Itinerant Salesmen and Travelling Agents/'
A Bill to alter and amend the law in relation to the inspection of Flour;
which received the first reading, and were referred to the Committee on-
Commerce, Manufactures, and the Mechanic Arts.
A Bill to prescribe the form of permits for slaves to be absent from the
owners' premises; which received the first reading, and was referred to th©
Committee on the Judiciary.
A Bill to incorporate the New Building and Loan Association; which
received the first reading, was referred to the Committee on Incorporations
and Engrossed Acts, and was ordered to be printed.
A Bill to repeal the seventh section of an Act entitled "An Act for the
more effectual relief cf insolvent Debtors, and for other purposes," passed
the seventh day of April, one thousand seven hundred and fifty-nine; which
received the first reading and was referred to the Committee on the
Judiciary.
A Bill to amend the charter of the Georgetown Railroad Company, so as
to allow said Company to extend their Road to Bishopville, in Sumter District,
THURSDAY, DECEMBER 20.
123
and to reduce the amount of stock necessary to be held by any one before
becoming a Director or officer in said Company, which received the first
reading, and was referred to the Committee on Agriculture and Internal
Improvements.
Mr. MOSES offered the following resolution :
Resolved, That the keeper of Hibernian Hall be authorized to employ a
competent white person to assist in making fires, attending to the Chamber,
and going on errands for the Senate : the said appointment to be subject
to the approval of the President of the Senate;
Which was ordered for immediate consideration, and was agreed to.
Mr. LESESNE presented the Memorial of certain merchants and citi¬
zens of Charleston, against abolishing the inspection of Plour, and reducing
the rates of inspection ; which was referred to the Committee on Commerce,
Manufactures, and the Mechanic Arts, and was ordered to be printed.
The House of Representatives returned to the Senate the following Bills,
which had received two readings in the Senate, and two readings in the
House of Representatives:
A Bill to incorporate the Bennettsville and Society Hill Railroad
Company;
A Bill to Incorporate the Central Railroad Company of South Carolina;
A Bill to Incorporate the Charleston City Railway Company of South
Carolina;
A Bill to Incorporate the Citizens' Line Railway Company of Charleston,
South Carolina;
A Bill to Incorporate the Buford's Bridge Railroad Company;
A Bill to Incorporate the Presbyterian Church of Aiken;
A Bill to Incorporate the Barnwell Railroad Company.
The Bills received' a third reading, were passed, and were returned to
the House of Representatives.
Mr. HOPE presented the account of G. A. Fink, for Public Printing ■
which was referred to the Committee on Claims and Grievances.
Mr. McKEWN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee of
the House of Representatives,
On the account of Dr. G. S. Trezevant, for post mortem examination;
On the account of Dr. R. W. Hall, for post mortem examination;
On the account of Dr. Samuel Logan, for post mortem examination;
which were severally ordered for consideration to-morrow.
The Senate proceeded to the
124
JOURNAL OF THE SENATE,
GENERAL ORDERS OF THE DAY.
On motion of Mr. BRYAN, No. 97 of the Calendar, a Bill (reported by
the Committee on Military and Pensions) to establish a Corps of Engineers,
was recommitted.
Mr. FURMAN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Regents and Superin¬
tendent of the Lunatic Asylum; which was agreed to, and was ordered to be*
sent to the House of Representatives. ■!,
The following reports were concurred in, and were returned to the House
of Representatives :
Report of the Committee on Claims,
On the account of the Orangeburg Southron, for advertising;
On the account of Alfred Denson, constable;
On the petition of Hamilton Wilson;
On the account of Douglass & Calvo, for public printing;
On the accounts of E. R. Stokes, for public binding;
On the account cf E. A. Bronson, for public printing;
On the account of L. P. Leard, for dieting negro while in his custody;
On the account of the Keowee Courier, for public printing;
On the account of Fielder Gosset, jailor, for blankets furnished jail;
On the account of P. B. Glass, for stationery furnished House of Rep¬
resentatives and Public Offices;
On the account of R. A. Pagan, sheriff of Chester District, for blankets
furnished jail.
Report of the Committee on Privileges and Elections, on the reports of
the several delegations as to vacancies in their respective Boards of Mana¬
gers of Elections, from death, resignation or otherwise; and also on sundry
petitions in reference to Elections, Managers of Elections, and places of
Election.
Report of the Committee of Ways and Means, on the petition of James
Jones, Commissioner of the new State House, praying payment of his salary
for the year 1860.
Report of the same Committee, on the Annual Report of the Commis¬
sioners of the Poor of the City of Charleston.
The report of the Committee on Finance and Banks was agreed to; and
The Senate concurred in the message from the House of Representatives,
relative to the petition of Mrs. Elizabeth Jacoby, of 13th inst., and ordered
a message to be returned accordingly.
The following reports were agreed to,*and were ordered to be sent to the
House of Representatives for concurrence :
THURSDAY, DECEMBER 20.
125
The jeport of the Committee on Claims and Grievances, on the account
of the Clerk of the Senate, for stationery, &c.;
The report of the Committee on Agriculture and Internal Improvements,
on the report of the Keowee and Tuckaseegee Turnpike Road;
The report of the same Committee, on the report of the President and
Secretary of the State Agricultural Society;
A Bill to alter and amend the second section of an Act entitled "An Act
to alter and amend the law in relation to Fish Sluices on the Catawba and
Wateree rivers, and for other purposes; received the second reading, was
agreed to, and was sent to the House of Representatives.
A Bill to lend the name and credit of the State to the G-reenville and
Columbia Railroad Company, in the readjustment of their debt, was, on
motion of Mr. WILSON, made the Special Order of the»day for to-morrow,
at a quarter-past 11 o'clock, A. M.
On motion of Mr. WILSON, it was ordered, that when the Senate ad¬
journs, it shall stand adjourned to meet to-morrow, at 11 o'clock, A. M.
On motion of Mr. WILSON, the Senate adjourned at 1 o'clock, P. M.
EVENING SESSION.
The members of the Senate assembled in the Senate chamber at half-past
6 o'clock, P. M., when the President of the Senate read the following com¬
munication :
St. Andrew's Hall, December 20, 1860.
To Hon. W. D. Porter, President of the Senate:
Dear Sir: I have the honor to communicate to you the following resolu¬
tion, just adopted by this Convention :
Resolved, That a message be sent to His Excellency, the Governor of the
State, and to both branches of the Legislature, inviting their attendance at
' the Institute Hall, at 7 o'clock this evening, and that this Convention move
in procession to the Institute Hall, and there, at 7 o'clock, in the presence
of the constituted authorities of the State and of the people, sign the
Ordinance of Secession.
Very respectfully, your obedient servant,
D. F. JAMISON, President of the Convention.
Messages were then interchanged between the Senate and House of Re¬
presentatives, delivered orally by the Clerks, informing each body, respect¬
ively, of the acceptance of the invitation. A message was received from
the House of Representatives, announcing that the Hon. Caleb Gushing of
Massachusetts was in the city, and that the House of Representatives had
appointed a Committee to invite him to attend in the Institute Hall, at 7
126
JOURNAL OF THE SENATE,
o'clock, P. M. The Senate concurred, and Messrs. Boykin, Moses, and
Manning were appointed the Committee. The Clerks of the Senate and
House of Representatives, under direction of their respective bodies, pro¬
ceeded to St. Andrew's Hall, and, in behalf of the Senate and House,
signified to the Convention, in open session, the' acceptance of the invita¬
tion. The President of the Senate, and Speaker of the House of Repre¬
sentatives, attended by the officers, and accompanied by the members of
both branches of the General Assembly, then attended at Institute Hall,
when the Ordinance was signed by the President and members of the
Convention, in the presence of the Governor and Lieutenant-Governor of
the State of South Carolina. The following is a copy of the Ordinance:
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 America."
We, the People of the State of South Carolina, in Convention assembled,
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 Assembly 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.
[CHARLESTON.]
FRIDAY, DECEMBER 21, 1860.
The Senate met at 11, A. M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The Journal of yesterday was amended so as to read as follows:
The General Assembly having adjourned from Columbia to Charleston,
on the 17th instant, in consequence of the prevalence of a contagious dis¬
order, assembled on this day at 10 o'clock, A. M., in Hibernian Hall, in
Hi a Citv rvf CViarlAsfnn
FRIDAY, DECEMBER 21.
127
At a quarter-past 11 o'clock, the Senate proceeded to the
SPECIAL ORDER.
A Bill to lend the name and credit of the State to the Greenville and
Columbia Railroad Company, in the readjustment of their debt. After
some time spent therein,
On motion of Mr. 'RHETT, the Special Order was discharged, and the
same Bill was made the Special Order for to-morrow, at a quarter-past 11
o'clock, A. M.
Mr. FURMAN presented the reports of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee
of the House
On the account of Dr. A. N. Bellinger, for post mortem examination;
On the accounts of Dr. Edward B. Smith, for post mortem examination;
which were ordered for consideration to-morrow.
Mr. SHARPE presented the reports of the Committee on Claims and
Grievances
On the claim of W. W. Purse, for work done in the Representatives'
Hall, in the year 1860 ;
On the account of E. H. Gasque, for blankets furnished prisoners in jail;
On the petition of Jos. P. Church, praying compensation for. a slave
executed under the sentence of the Law;
On the petition of B. F. Arthur, for work ordered by the Legislature;
On the account of H. H. Hicks, for services as special constable;
On the account of J. H. Means, for recording done in the Secretary of
State's office;
On the account of John Bomar, asking compensation for a slave executed
under the sentence of the law;
On the account of John D. M. Dobbins, for blankets furnished prisoners
in jail;
On the account of James M. Hutto, for nulla bona costs on tax execu¬
tions; which were ordered for consideration to-morrow.
Mr. BARKER presented the report of the Committee on the Lunatic
Asylum and Medical Accounts on the report of the Medical Committee of
the House
On the accounts of Drs. W. T. Dargan and M. A. Hunter, for post
mortem examinations;
On the report of the Medical Society of South Carolina, on the Roper
Fund, for 1860; which were ordered for consideration to-morrow.
The House of Representatives sent to the Senate the following message:
128
JOURNAL OF THE SENATE,
House of Representatives, December 21, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully asks leave of your body to amend the report of
the Committee on Accounts and Vacant Offices on the report of the Comp¬
troller General, on the Accounts of the Lower Division, by adding to
Charleston District the following: "John E. Carew, late Sheriff, $1,018 45.
Overcharged, 90c. Allowed, $1,017 55."
By order of the House,
JAMES SIMONS, Speaker.
In which the Senate concurred, and a message was returned accordingly.
Mr. BOYKIN presented the following report:
The Joint Committee appointed to wait ujlon the Hon. Caleb Cushing,
and inform him of the invitation extended to him by the General Assembly
to the privileges of the floor, have discharged that duty, and ask leave to
report, that General Cushing expressed himself much gratified, and if he
had been here in a private capacity, he would have availed himself of the
invitation. But he was here only for a few hours, on urgent public busi¬
ness, which prevented his accepting the compliment so kindly extended to
him by the Legislature of South Carolina, which he highly appreciated.
Mr. MOSES gave notice that to-morrow he will move to amend the 14th
Rule of the Senate, by striking out in third line thereof the word "Federal,"
and substituting " Foreign."
Mr. BLAKENEY presented the petition of the mechanics and other
citizens of Cheraw, praying for the passage of a law prohibiting free
negroes and persons of color from carrying on mechanical pursuits, and for
other purposes; which was referred to the Committee on the Judiciary.
Mr. CANNON presented the report of the Committee on Roads and
Buildings on the report of the Committee on Roads, Bridges and Ferries of
the House
On the petition of A. B. Estes and others, praying that a certain road in
Barnwell District be closed;
On the petition of Emily Rowland, praying compensation for opening a
road through her land;
On the report of the Committee of Incorporations and Engrossed Acts,
on the report of the Committee of the House
On the petition of sundry citizens of Cheraw, praying an extension of
the corporate limits of the town.
The House of Representatives returned, concurred in, the report of the
Committee on Federal Relations on the Governor's Message.
FRIDAY, DECEMBER 21.
129
The House of Representatives sent to the Senate the following Bills,
which severally received the first reading, and were referred as follows:
A Bill to repeal an Act entitled " An Act to exempt teachers and stu¬
dents from the performance of Road Duty;" was referred to the Committee
on Incorporations and Engrossed Acts.
A Bill to alter and amend the law in relation to the method of counting
votes, in all elections by the people; was referred to the Committee on
Privileges and Elections.
A Bill to protect Sheep Husbandry; was referred to the Committee on
Agriculture and Internal Improvements.
A Bill to authorize the issue of certificates or stock to provide for the
military defence of the State, which had received two readings in the
Senate, and three readings in the House of Representatives, and it being
upon the third reading in the Senate, it was
Resolved, That the bill to pass, that the title thereof be changed; that it
be called an Act, and returned to the House of Representatives.
On motion of Mr. Gr ARLINGTON, a message was sent to the House of
Representatives, inviting the House to attend in the Senate chamber at a
quarter-past 12 o'clock, P. M., to-morrow, for the purpose of ratifying the
foregoing.
Mr. BRYAN submitted the report of the Committee on Military and Pen¬
sions, on a Bill, from the House of Representatives, to establish a Military
Corps of Engineers, which was made the Special Order of the day for to¬
morrow, at 1 o'clock, P. M. i
Mr. CANNON submitted the reports of the Committee on Roads and
Buildings, on the report of the Committee on Roads, Bridges, and Ferries,
of the House of Representatives
On the petition of A. B. Estes and others, for closing a road;
On the petition of Emily Rowland, for payment for opening a road.
Mr. SIMPSON presented the report of the Committee on Incorporations
and Engrossed Acts, on the report of the Committee on
The Senate proceeded to the second reading of a Bill, from the House of
Representatives, to authorize the issue of bonds or stock for continuing the
construction of the new State House.
Mr. RIIETT moved to amend the fourth section, by striking out the
following:
"And should there not be sold a sufficiency of said bonds or stock to
continue the said work until the said first day of April, the Bank of the
State of South Carolina shall furnish the Commissioner of the new State
House the additional funds that may be necessary for the prosecution of the
17
130
JOURNAL OF THE SENATE,
work to that period, and shall hold of the said bonds or stock a sufficiency
to cover the money so advanced: Provided, that the amount so advanced
shall not exceed the sum of ninety thousand dollars."
This question was ordered to be decided by yeas and nays; and they are
as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Alston, Appleby, Beaty,
Blakeney, Boyle, Fickling, Furman, Garlington, Heyward, Hope, MoseS)
Rhett, Sessions, Sharpe, Wagner, Ware and Wilson.
Those who voted in the negative, are
Messrs. Barker, Barnes, Boykin, Bull, Cannon, Dantzler, DeLoach,
Hampton, Hart, Irby, Johnson, Keitt, Lesesne, Manning, McAliley,
McCaw, McKewn, Montgomery, S. W. Palmer, Roberds and Simpson.
In the affirmative, 19.
In the negative, 21.
The amendment was, therefore, lost.
Mr. WILSON moved to strike out of the same section in the proviso,
the words "Ninety Thousand Dollars," for the purpose of inserting "Sixty
Thousand Dollars." This question was also ordered to be decided by yeas
and nays, which are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Alston, Appleby, Beaty, Blake¬
ney, Boyle, F'ickling, Furman, Garlington, Pleyward, Hope, Johnson, Man¬
ning, Moses, Rhett, Sessions, Sharpe, Wagner, Ware and Wilson.
Those who voted in the negative, are
Messrs. Barker, Barnes, Boykin, Bull, Cannon, Dantzler, DeLoach,
Hampton, Hart, Irby, Keitt, Lesesne, McAliley, McCaw, McKewn, Mont¬
gomery, S. W. Palmer, Roberds and Simpson.
In the affirmative, 20.
In the negative, 19.
The amendment, therefore, prevailed.
The bill received the second reading, was agreed to, and was returned to
the House of Representatives.
Mr. WAGNER submitted the following report:
The Committee appointed on the part of the Senate to count the ballots
for President and four Directors of the Bank of the State of South Caro¬
lina, ask leave to report, That C. M. Furman received for President 128
votes.
For Directors—Thomas Ryan received 128 votes; J. H. Steinmeyer
received 127 votes; C. V. Chamberlain received 127 votes; W. W. Smith
received 127 votes.
SATURDAY, DECEMBER 22.
131
Seventy-five votes being a majority of the ballots cast, your Committee
do report the above named gentlemen elected.
Mr. WAGNER, from the Committee on Accounts and Vacant Offices,
reported the office of Commissioner of the New State House vacant, and
offered the following resolution :
Resolved, That a message be sent to the House of Representatives, pro¬
posing to that body to unite in a ballot for a Commissioner of the New
State House, on to-morrow, the 22d inst., at 12 o'clock, M.
The resolution was considered, and was agreed to, and the message was
sent accordingly.
Mr. WILSON moved the following resolution :
Resolved, That a message be sent to the House of Representatives, pro¬
posing to that body to take a recess of this General Assembly from to¬
morrow, at 4 o'clock, P. M., to Thursday, the 27th inst., at half-past 1
o'clock, P. M.
Mr. CANNON moved to strike out Thursday, the 27th inst., and insert
Wednesday, the 9th of January. While the amendment was pending, the
resolution and amendment were made the Special Order for half-past 12
o'clock, P. M., to-morrow.
On motion of Mr. HAMPTON, the report of the Committee on the new
State House, on the Commissioner's report and the Governor's Message
relative to the new State House, was ordered to lie on the table.
On motion of Mr. WILSON, it was ordered, that when the Senate
adjourns, it shall stand adjourned to meet to-morrow, at a quarter to 11, A. M.
On motion of Mr. APPLEBY, the Senate adjourned at half-past 2, P. M.
[CHAKLESTON.]
SATURDAY, DECEMBER 22, 1860.
The Senate met at a quarter to 11, A. M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
The Senate proceeded to the special order for 11 o'clock:
A Bill to lend the name and credit of the State to the Greenville and
--i^h/^ambia Railroad Company, in the readjustment of their debt.
132
JOURNAL OF THE SENATE,
On the question of agreeing to the Bill, the yeas and nays "were ordered
to be taken, and they are as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Barnes, Furman, Gar-
lington, Hampton, Heyward, Irby, Mars'hall, McAliley, Moses, Rhett, Simp¬
son and Wilson.
Those who voted in the negative, are
Messrs. Appleby, Barker, Beaty, Blakeney, Boykin, Boyle, DeLoach,
Hart, Hope, Johnson, Keitt, Manning, Mazyck, McKewn, Montgomery,
S. W. Palmer, Roberds and Sessions.
In the affirmative, 14.
In the negative, 18.
The Bill was, therefore, not agreed to, and was, consequently, rejected.
The Report of the Committee on Finance and Banks, on the memorial
of the Greenville and Columbia Railroad Company, on the subject of a Bill
to lend the name and credit of the State to the Greenville and Columbia
Railroad Company, in the readjustment of their debt, introduced by the
Senator from Newberry, was ordered to lie on the table.
Mr. SIMPSON presented the following report :
The Committee on Incorporations and Engrossed Acts ask leave to report,
That an Act to authorize the issue of Certificates or Stock to provide for
the military defence of the State, has been engrossed, and is ready for rati¬
fication.
; The PRESIDENT laid before the Senate the following communication :
Charleston, December 21, 1860.
To the Honorable the President and Senators of
the Commonwealth of South Carolina:
Gentlemen : The Commissioners of the Orphan House have instructed
me to invite you to visit the Orphan House Institution in this city, when¬
ever it may suit your convenience to do so, individually, or as a body. The
House will be at all times open for your inspection.
Respectfully, H. A. DeSAUSSURE,
Chairman of Commissioners 0. H.
Which was ordered to be accepted, and the thanks of the Senate re¬
turned.
Mr. SIMPSON offered the following resolution :
Resolved, That hereafter the Acts passed by the General Assembly shall
be dated in the year of the Sovereignty and Independence of South Caro¬
lina, and not of the United States of America.
SATURDAY, DECEMBER 22.
183
Mr. MOSES presented the reports of the Committee on the Judiciary,
On the communication of the State Reporter, with the 12th volume of
Law Reports, and the report of the House Committee on the same subject;
On the petition of sundry citizens of Summerville, praying the appoint¬
ment of a special Magistrate;
On the same report of the same Committee of the House, on the com¬
munication of J. L. Petigru, Esq., Commissioner of the Code, accompanying
the printed copies of so much of the Code as is prepared, and relating to his
salary and that of assistants, and to printing and stationery furnished under
his order;
On a Bill to authorize the appointment of an additional Magistrate for
Lexington, in Beats Nos. 1 and 2, of South Carolina Militia;
On a Bill to prescribe the form of permits for slaves to be absent from
their owners' premises;
On a Bill to repeal the seventh section of an Act entitled " An Act for
the more effectual relief of insolvent debtors," and for other purposes, passed
the 7th day of April, 18^9;
On a Bill to alter and amend an Act entitled " An Act to require and
regulate the granting of licenses to itinerant salesmen and travelling agents;"
which were ordered for consideration to-morrow.
Mr. JOHNSON presented the report of the Commitee on the Lunatic
Asylum and Medical Accounts,
On the account of Dr. H. W. Moore, for post mortem examination;
On the account of Dr. J. E. Brennan, for post mortem examination;
On the account of Dr. W. L. Steele, for post mortem examination;
On the account of Dr. T. J. Goodwya-ffor post mortem examination;
On the account of Dr. D. S. Benson, for post mortem examination.
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts, on the report of the Medical Committee of the House,
On the account of Dr. W. D. Wallace, for post mortem examination;
On the account of Dr. A. D. Hoke, for post mortem examination;
On the account of Dr. James Moore, for post mortem examination;
On the account of Dr. John L. Ancrum, for post mortem examination ;
On the account of Dr. John G. Traynham, for post mortem examination;
On the account of Dr. Edward Westfield, for post mortem examination ;
On the account of Dr. T. M. Mouzon, for post mortem examination;
On the account of Dr. E. H. Keller, for post mortem examination;
which were ordered for consideration to-morrow.
Mr. SHARPE presented the report of the Committee on Claims and
Grievances, on the report of the Committee on Claims, of the House,
On the petition of M. A. Harden and others, asking to be paid for services
as Jurors;
134
JOURNAL OF THE SENATE,
On the account of the Chester Standard, for public printing;
On the account of the Charleston Evening News, for public printing ;
On the account of W. 0. Chewing, for blankets furnished prisoners in
jail;
On the petition of John H. Hood, for compensation for a slave deserted by
his master;
On the account of M. B. Ward, for blankets furnished the jail;
On the account of L. M. Grist, for public printing;
On the account of C. 31. 31cJunkin, for public printing;
On the account of E. R. Stokes, for binding rules and journals of the
House;
On the account of James D. Nance & Co., for public printing;
On the account of J. 31. Brown, for public printing;
On the account of J. W. Tarbox, for public printing;
On the account of Harnett & 31achen, for public printing;
On the account of James A. Hoyt, for public printing;
On the account of Stanton & Hyrne, for public printing;
On the account of McCarter & Dawson, for public printing;
On the account of Dr. Edward B. Smith;
On the account of Dr. T. J. Teague, for services rendered Commissioners
of the Poor for Edgefield District;
On the account of Dr. T. A. Perritt;
On the account of Barnabas Williamson, administrator, for blankets
furnished prisoners in jail;
On the account of James Powell, for public printing;
On the account of Gilbert & Darr, for public printing; which were
ordered for consideration to-morrow.
31r. CANNON presented the report of the Committee on Roads and
Buildings, on the report of the Committee on Roads, Bridges, and Ferries,
of the House, on the report of the Commissioner appointed to assess dam¬
ages to Thomas B. Reese, for injuries done him by opening a new road
through his land; which was ordered for consideration to-morrow.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following reports were concurred in, and were returned to the House
of Representatives :
The report of the Committee on Claims,
On the account of H. H. Hicks, for services as special constable;
On the account of John Bomar, asking compensation for a slave executed
under the sentence of the law;
SATURDAY, DECEMBER 22.
135
On the acccount of John D. M. Dobbins, for blankets furnished prison¬
ers in jail;
On the petition of Joseph F. Church, praying compensation for a slave
executed under the sentence of the law;
On the claim of W. W. Purse, for work done in the Representatives' Hall
for the year 1860 ;
On the account of E. H. Grasque, for blankets furnished prisoners in jail,
and candles furnished the Court of Common Pleas for Marion District;
On the account of J. H. Means, for recording done in the Secretary of
State's office;
On the account of Dr. Edward B. Smith, for post mortem examination;
On the account of Dr. James F. Pearce, for post mortem examination ;
On the account of Dr. John S. Craig, for post mortem examination;
On the account of Dr. W. W. Fraser, for post mortem examination;
On the account of Dr. John T. Craig, for post mortem examination.
The following reports were agreed to, and consequently the reports of the
House were rejected:
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts, on the report of the Medical Committee of the House,
On the account of Dr. Wm. Pettigrew, for post mortem examination;
On the account of Dr. F. P. Porcher, for post mortem examination;
On the account of Dr. R. V. Donnelly, for post mortem examination;
On the account of Dr. W. H. Henry, for post mortem examination;
On the account of Dr. R. W. Hale, for post mortem examination;
On the account of Dr. Samuel Logan, for post mortem examination;
On the account of Dr. Gi. S. Trezevant, for post mortem examination.
Pursuant to notice, on motion of Mr. MOSES, the words " Federal
Relations" were stricken out where they occur in the fourteenth and
fifteenth Rules, and the words " Foreign Affairs" were substituted in lieu
thereof.
The House of Representatives returned to the Senate a Bill to authorize
the formation of a new volunteer company of infantry, to be called the
Lexington Rifle Corps, and to incorporate the same. Certain amendments
having been made in the House of Representatives, on the second reading
they were referred to the Committee on Military and Pensions.
Mr. HOPE, in courtesy to absent Senators, as he stated, moved a recon¬
sideration of the vote on a Bill to lend the name and credit of the State to
the Grreenville and Columbia Railroad Company, in the readjustment of
their debt, and the same was ordered. The bill was then made the Special
Order for Monday next, at half-past 12 o'clock, P. M.
136
JOURNAL OF THE SENATE,
The House of Representatives returned to the Senate the report of the
Committee on Finance and Banks, on the petition of Mrs. Elizabeth Jacoby;
and
The report of the Committee on Accounts and Yacant Offices, on the
Comptroller General's report on Contingent Accounts, against the lower
Division of the Treasury, in which that House had concurred.
The following message was received from the House of Representatives:
House oe Representatives, December 21, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully concurs in the proposition of your body to unite
in a ballot for Commissioner of the New State House on to-morrow, at
12 o'clock, M.
By order of the House,
JAMES SIMONS, Speaker.
The Senate then joined the House in the ballot.
Messrs. Watson and Ware were appointed the Committee on the part of
the Senate to count the ballots.
The House of Representatives sent to the Senate the following reports :
The report of the Committee on the Military, on so much of the Message
of his Excellency the Governor, as relates to the compilation of the Militia
and Patrol Laws ; which was referred to the Committee on Military and
Pensions; also,
A resolution for the appointment of Managers of Election in Chesterfield,
Spartanburg and Fairfield Districts, which was referred to the Committee
on Privileges and Elections; and also,
The report of the Committee on Public Printing, on proposals for printing;
which was referred to tlie Special Committee on that subject.
The House also sent to the Senate
A Bill to authorize the formation of a Troop of Cavalry at Spartanburg
village, to be received into the Upper Squadron, Ninth Regiment, Fifth
Brigade, of the South Carolina Cavalry; which received the first reading,
and was referred to the Committee,on Military and Pensions.
The House of Representatives sent to the Senate
A Bill to lend the name and credit of the State to the Greenville and
Columbia Railroad Company, in the readjustment of their debt.
The Bill received the first reading, and was referred to the Committee on
Finance and Banks.
Mr. WARE, from the Committee to count the ballots for Commissioner
of the New State House, reported that James Jones had received a majority
SATURDAY, DECEMBER 22.
137
of the ballots; whereupon he was declared by the President to have been
duly elected.
The Senate resumed the General Orders of the day.
The report of the Committee on Military and Pensions, on the report of
the Committee on Military of the House of Representatives,
On a Bill to authorize the formation of a Troop of Cavalry at Spartanburg
village, to be received into the Upper Squadron, Ninth Regiment, Fifth
Brigade, of South Carolina Cavalry ;
On so much of the Governor's Message as relates to the compilation of
the Militia and Patrol Laws ; which was concurred in, and it was ordered
to be returned to the House of Representatives.
The reports from the Committee on the Lunatic Asylum and Medical
Accounts, on the reports of the Medical Committee of the House of Rep¬
resentatives,
On the account of Dr. Z. R. Fulmore and Dr. J. M. Warren, for a post
mortem examination, recommending that the Senate do not concur; were
agreed to, and the House reports were rejected.
The reports of the same Committee, on the reports of the Medical Com¬
mittee of the House of Representatives,
On the accounts of Drs. Powell & Templeton, for post mortem examina¬
tion, recommending that a message be sent to the House of Representatives
asking leave to amend their report by striking out two hundred and thirty-
two dollars and inserting twenty-eight dollars, and that the balance be
rejected. This report was agreed to, and a message ordered accordingly.
Mr. &HETT submitted the reports of the Committee on the College,
Education and Religion, on the reports of the Committee on Education of
the House of Representatives,
On the report of the Commissioners of the Deaf, Dumb and Blind;
On the return of the Commissoners of Free Schools for 1860;
On the report of the Yestry of St. James', Goose Creek, and the Attorney
General, on the Ludlam School Fund.
The reports having been ordered for immediate consideration, the House
reports were concurred in, and returned to the House of Representatives.
Mr. MARSHALL submitted the report of the Committee on Military
and Pensions, on the amendments added by the House of Representatives,
on the second reading, to
A Bill to authorize the formation of a new volunteer company of infantry,
to be called the Lexington Volunteer Rifle Company, and for other pur¬
poses; the House having also amended the title by adding "and to autho¬
rize the formation of certain other new volunteer companies, and for other
purposes." The Committee recommended to the Senate to adopt the
amendments of the House of Representatives, and the same were agreed
18
138
JOURNAL OR THE SENATE,
to, and the Bill received the third reading; the title was changed into an
Act, and it was returned to the House of Representatives.
The.House of Representatives returned to the Senate
A Bill to incorporate the Greenville Gas Light Company; which received
the third, reading, and was passed. The title was changed into an Act,
and it- was returned to the House of Representatives.
At half-past 12 o'clock, P. M., the Senate proceeded to consider the
Special Order for this hour—the resolution offered yesterday in relation to
a recess.
The amendment offered by Mr. CANNON, for fixing the period of re¬
assembling on the 9th of January, having been agreed to, Mr. FICKLING
moved that the resolution be indefinitely postponed; which question was
ordered to be decided by yeas and nays; and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Boykin, Bull, Fickling, Gar-
lington, Heyward, Hope, Irby, Lesesne, Manning, and Moses.
Those who voted in the negative, are
Messrs. Allen, Alston, Appleby, Barker, Barnes, Beaty, Blakeney, Boyle,
Bryan, Cannon, Dantzler, DeLoach, Furman, Hampton, Johnson, Keitt,
Marshall, McAliley, McCaw, McKewn, Montgomery, iRhett, Roberds,
Sessions, Sharpe, Simpson, Wagner, Ware, and Wilson.
In the affirmative, 11.
In the negative, 29.
The motion was, therefore, lost.
Mr. moved to strike out 9th of Janu^-y, and insert 3d of
January; which was ordered to be decided by yeas and nays; and they are
as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Barker,
Blakeney, Bryan, Bull, Dantzler, Fickling, Hampton, Heyward, Hope,
Keitt, Lesesne, Manning, Marshall, McKewn, Montgomery, Moses, Rhett,
Sessions, Simpson, Wagner, Ware, and Wilson.
Those who voted in the negative, are
Messrs. Alston, Barnes, Beaty, Bovkin, Cannon, DeLoach, Furman,
Garlington, Hart, Irby, Johnson, McAliley, McCaw, Roberds, and Sharpe.
In the affirmative, 25.
In the negative, 15.
The motion, therefore, prevailed.
The Senate then agreed to the resolution in the following form:
Resolved, That a message be sent to the House of Representatives, pro¬
posing to that body to adjourn this General Assembly to-day, at 4 o'clock,
SATURDAY, DECEMBER 22.
139s
P. M., to meet in Charleston, at 7 o'clock, P. M., on Thursday, the 3d day
of January next.
The Special Order for 1 o'clock, P. M.—the report of the Committee on
Military and Pensions, in relation to the establishment of a military corps of
Engineers, was discharged, and the same subject was placed in the General
Orders of the day, and the Bill and report were ordered to be printed.
The following reports were concurred in, and were ordered to be returned
to the House of Representatives :
The report of the Committee on Incorporations and Engrossed Acts,
On the petition of sundry citizens of Cheraw, praying an extension of
the corporate limits of the town.
The report of the Committee on Roads, Bridges and Ferries,
On the petition of A. B. Estes and others, praying that a certain road in
Barnwell District be closed*.
The report of the Committee on Claims,
On the petition of B. F. Arthur, praying compensation for work ordered
by the Legislature ; '
On the account of James M. Hutto, for nulla bona costs on tax executions.
The reports of the Medical Committee,
On the report of the Roper Hospital;
On the account of Dr. M. A. Hunter.
The report of the Committee on Roads, Bridges and Ferries,
On the petition of Emily Rowland, praying compensation for opening a
road through her land.
The Senate agreed to the report of the Committee on the Lunatic Asylum
and Medical Accounts, on the report of the Medical Committee of the
House of Representatives, on the account of Dr. W. T. Dargan; and a mes¬
sage was ordered to be sent to the House of Representatives, asking leave
to amend the report of the House, so as to allow ten dollars, and that the
balance of his account be rejected.
The House of Representatives returned to the Senate the report of the
Committee on Claims and Grievances,
On the account of the Keeper of the State House, for contingent ex¬
penses ; in which it had concurred.
Mr. BULL offered the following resolution, which was considered, and
was agreed to:
Resolved, That the President be authorized to draw his warrant on either
of the Treasuries for the balance due for salaries, in favor of the Reading
Clerk, Engrossing Clerks, Door-Keeper and Messenger of the Senate; and
that such of the foregoing officers as do not reside in Charleston, be allowed
members' mileage to and from Columbia and Charleston.
140
JOURNAL OF THE SENATE,
Mr. G ARLINGTON offered the following resolution, which was consid¬
ered, and was agreed to :
Resolved, That the President of the Senate do draw his warrant on either
of the Treasuries for the sum of Twelve Hundred Dollars, for the salary
of the Clerk, and Two Hundred and Fifty Dollars, for the salary of his
assistant.
The House of Representatives returned to the Senate the following Acts :
An Act to incorporate the Central Railroad Company of South Carolina)
An Act to incorporate the Buford's Bridge Railroad Company;
An Act to incorporate the Barnwell Railroad Company;
An Act to incorporate the Charleston City Railway Company of South
Carolina;
An Act to incorporate the Presbyterian Church of Aiken;
An Act to incorporate the Citizens' Line Railway Company of Charles¬
ton, South Carolina;
An Act to incorporate the Bennettsville and Society Hill Railroad
Company;
And they were referred to the Committee on Incorporations and En¬
grossed Acts.
On motion of Mr. HAMPTON, the Senate, at half-past 2 o'clock, P. M.,
suspended business until half-past 6 o'clock, P. M.
RECESS.
At half-past 6 o'clock, P. M., the PRESIDENT took the Chair, and the
Senate proceeded with business.
The House of Representatives sent to the Senate the following message:
House oe Representatives, December 22, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully asks leave of your body to amend the resolutions
of Senate, on leasing the Saluda Turnpike Road, by striking out all after
the word "Resolved," and inserting the following, to wit:
^fThat William H. Thomas, Commissioner in Equity for Greenville Dis¬
trict, do lease, to the highest bidder, at public sale, before Greenville Court
House, on the second Monday in January next, for the term of five years,
from the first day of .February, eighteen hundred and sixty-one, the Saluda
Turnpike Road—that he do take from such bidder a bond, with two good
sureties, satisfactory to him, conditioned for the performance of the duties,
SATURDAY, DECEMBER 22.
141
and with the liabilities, as set forth in " An Act to lease the State Road
over the Saluda Mountains," ratified on 19th December, 1855.
2. That the said W. H. Thomas shall perform all the duties required by
the said Act, and deposit the said bond in the Treasurer's office, on the first
day of February next, whereupon the said highest bidder shall be invested,
from the first day of February next, with all the rights and grants to the
lessees under the Act of 1855.
3. That for such services the said W. H. Thomas shall receive twenty-
five dollars from the Treasury.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and returned a message accordingly.
The House of Representatives sent to the Senate, for concurrence, a
resolution for the adjournment of the General Assembly from this day, at
half-past 7 o'clock, P. M., to Thursday, the third day of January, at 7
o'clock, P. M.
The Senate returned a message, asking leave to amend, by striking out
"this day at half-past 7 o'clock, P. M."—to insert "this day at half-past 8
o'clock, P. M." To this the House of Representatives returned the follow¬
ing reply:
House of Representatives, December 22, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to amend the resolu¬
tion of this House relative to the adjournment of the General Assembly,
by striking out " half-past 7 o'clock" and inserting " half-past 8 o'clock."
By order of the House,
JAMES SIMONS, Speaker.
The resolution was then amended, so as to read as follows:
Resolved, That this General Assembly will take a recess from Saturday,
the twenty-second instant, at half-past 8 o'clock, P. M., to Thursday, the
third day of January, 1861, at 7 o'clock, P. M.
On the question of concurring, the yeas and nays were ordered, and are
as follows:
Those who voted in the affirmative, are
Messrs. Barnes, Beaty, Cannon, Hampton, Hart, Johnson, Marshall,
McAliley, McKewn, Montgomery, Rhett, Sessions, Sharpe, Simpson, and
Ware.
142
JOURNAL OP THE SENATE,
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Alston, Bryan, Garlington,
Heyward, Hope, Irby, Manning, Mazyck, McCaw, and Moses.
In the affirmative, 15.
In the negative, 11.
Mr. WAGNER, from the Committee on Accounts and Vacant Offices*
reported the office of Commissioner to Codify the Statute Law vacant.
On motion of Mr. WAGNER, a message was sent to the House of Rep¬
resentatives, proposing to go into a ballot for that officer on Friday, January
4, at 1 o'clock, P. M.
The House of Representatives sent to the Senate the report of the Com¬
mittee on Vacant Offices, appointing certain local and district officers; which
was referred to the Committee on Accounts and Vacant Offices.
The House of Representatives returned to the Senate the report of the
Committee on Claims and Grievances, on the account of the Clerk of the
Senate for stationery, &c., in which it had concurred.
Mr. MARSHALL offered the following resolution, which was agreed to:
Resolved, That mileage be allowed to Senators, from their homes to
Charleston and back, at the present session of the General Assembly.
The House of Representatives sent to the Senate the following message,
which was ordered to lie on the table :
House of Representatives, December 22, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully asks leave of your body to amend the report of
the Senate Committee on Claims and Grievances, on the account of the
Laurensville Herald for public printing, by striking out " Thirty-nine and
twenty-five one-hundredths Dollars," and inserting " Thirty-five Dollars."
By order of the House,
JAMES SIMONS, Speaker.
The House of Representatives sent to the Senate the following resolution:
Resolved, That the President of the Senate and Speaker of the House of
Representatives do draw their warrants upon the Treasurer of the Lower
Division for the salaries of the Clerks of the respective Houses and their
assistant Clerks, of the Door-Keepers, Messengers and Reading Clerks of
each House, and of the Engrossing Clerks.
The Senate returned a message, asking leave to amend, so that the drafts
should be drawn on either of the Treasuries* To this the House of Repre¬
sentatives returned the following reply:
SATURDAY, DECEMBER 22.
143
House of Representatives, December 22, 1860.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to the Senate to amend the resolu¬
tion of the House contained in the accompanying schedule, by striking out
" the Treasurer of the Lower Division," and inserting " Treasurer of the
Upper or Lower Division."
By order of the House,
JAMES SIMONS, Speaker.
The resolution was amended pursuant to the leave granted, and was con¬
curred in, and returned to the House of Representatives.
The House of Representatives sent to the Senate the report of the Com¬
mittee on the Judiciary, with the following resolution :
" Resolved, That hereafter the Acts passed by the General Assembly
shall be tested in the year of the Sovereignty of the State of South Caro¬
lina."
The Senate sent a message, asking leave to amend the resolution, by insert¬
ing after the word " Sovereignty," the words " and Independence."
The House of Representatives returned a message granting leave, and
the resolution was amended pursuant to the leave granted, and the report
was concurred in, and was returned to the House of Representatives.
The House of Representatives sent to the Senate, for concurrence, the
following resolution, which was concurred in, and was returned :
Resolved, That it is the opinion of this General Assembly, that after the
recess the session should be held in the city of Charleston.
On motion of Mr. SHARPE, the Senate took up from the General Or¬
ders the report of the Committee on Claims and Grievances, on the report of
the CommitteS on Claims of the House of Representatives, on the account
of James Powell for public printing; and the House report was concurred in,
and returned.
On motion of Mr. SIMPSON, a message was sent to the House of Repre¬
sentatives, inviting that House to attend forthwith in the Senate Chamber,
for the purpose of ratifying " An Act to authorize the issue of Certificates
or Stock to provide for the Military Defence of the State."
To this the House returned the following message :
m JOURNAL OF THE SENATE,
House op Representatives, December 22, 1860.
Mr. President, and Gentlemen of the Senate :
This House respectfully accepts the invitation of your body to attend in
the Senate Chamber forthwith, to ratify an Act entitled " An Act to au¬
thorize the issue of Certificates or Stock to provide for the Military Defence
of the State."
By order of the House,
JAMES SIMONS, Speaker.
The Speaker and members of the House of Representatives then attended
in the Senate Chamber, and the Act was duly ratified, in the presence of
the members of both branches of the General Assembly.
At half-past 8 o'clock, P. M., Mr. MOSES moving therefor, the
PRESIDENT announced the Senate adjourned to Thursday, the third
day of January, at 7 o'clock, P. M., in the Hibernian Hall, in the City of
Charleston.
[CHARLESTON.]
THURSDAY, JANUARY 3, 1861.
The Senate met at 7 o'clock, P. M., pursuant to the resolution of ad¬
journment on the 22d ult.
The roll being called, the following Senators answered to their names:
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Barker, Boy-
kin, Bryan, Fickling, Garlington, Plampton, Harrison, Heyward, Hope,
Les-esne, Manning, Mazyck, McAliley, McCaw, McKewn, Moses, Palmer,
Rhett, Simpson, Wagner and Wilson.
A quorum of Senators being present, the Senate proceeded to business.
Mr. MOSES moved that the reading of the Journal of the proceedings
of the 22d ult. be dispensed with; and the same was ordered.
A message was sent to the House of Representatives, delivered orally by
the Clerk, informing that House that, a quorum of Senators having ap¬
peared in the Senate Chamber, the Senate had been organized, and was
ready to proceed to business.
A similar message, delivered in a similar manner, was received from the
House of Representatives.
THURSDAY, JANUARY 3, 1861.
145
On motion of Mr. G ARLINGTON, a Committee was appointed to wait
on his Excellency the Governor, and inform him that a quorum of Senators
had assembled, and the Senate had proceeded with business, and was ready
to receive any communication he might be pleased to make to them.
Messrs. Garlington, McCaw and Manning were appointed the Committee.
The following communication was laid before the Senate by the
PRESIDENT:
In the Senate, January 8, 1861.
Mr. President, and Gentlemen of the Senate:
I hereby resign my office as Reading Clerk of the Senate.
Very respectfully,
A. D. GOODWYN.
The Senate then immediately proceeded to a ballot, and Mr. Isaac Hayne
was unanimously elected Reading Clerk of the Senate.
Mr. LESESNE presented a memorial of the Board of Fire Masters,
praying that the members of the Fire Department may be exempted from
draft, and be armed as a military patrol; which was referred to the Com¬
mittee on Military and Pensions.
Mr. BRYAN offered the following resolution:
Resolved, That it be referred to the Committee on Military and Pensions
to inquire and report, whether, in the event of actual hostilities between
the Government of the late United States, or the citizens or Government
of any one of them, and this State, it will be expedient for this General
Assembly to provide for granting letters of marque and reprisal, and letters
of sea service, to such persons as may volunteer for the naval service of
this State, and will give adequate surety for a due observance of the law of
nations while in such service. And if so, to report, by Bill, the most
effectual method of proceeding in the premises.
The resolution was considered, and was agreed to, and the Committee
was instructed accordingly.
Mr. BRYAN submitted the report of the Committee on Military and
Pensions, on
A Bill, from the House of Representatives, for the establishment of a
Coast Police for the State of South Carolina; which was made the Special
Order of the day for to-morrow, at half-past 12 o'clock, P. M., and the Bill
and report were ordered to be printed.
Mr. McALILEY offered the following resolution, which was considered,
and agreed to, and was ordered to be sent to the House of Representatives
for concurrence:
19
146
JOURNAL OF THE SENATE,
Resolved, That the Treasurer of the Lower Division be instructed to pay
to the Delegates of the State Convention the per diem and mileage allowed
to members of the Legislature, on the warrant of the President of the
Convention.
On motion of Mr. BRYAN, No. 217 of the Calendar, the report of the
Committee on Military and Pensions, in relation to the establishment of a
Military Corps of Engineers, was taken from the General Orders, and was
made the Special Order of the day for to-morrow, at half-past 1 o'clock, P. M.
The following message was received from the House of Representatives :
House op Representatives, January 3, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully concurs in the proposition of your body, to unite
in a ballot for Commissioner to Codify the Statute Law, on Friday next, at 1
o'clock, P. M.
By order of the House,
JAMES SIMONS, Speaker.
On motion of Mr. WILSON, the Senate adjourned at 8 o'clock, P. M.
[CHARLESTON.]
FRIDAY, JANUARY 4, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives returned to the Senate,
An Act to incorporate the Greenville Gas Light Company; which was
referred to the Committee on Incorporations and Engrossed Acts.
The report of the Committee on Claims and Grievances,
On the account of the Laurensville Elerald, for public printing;
Resolution in relation to leasing the Turnpike road over the Saluda
Mountain; in which it had concurred.
The House of Representatives sent to the Senate,
Resolution as to the establishment of new election precincts in Barnwell
District;
FRIDAY, JANUARY 4, 1861.
147
Resolution relative to the appointment of a Manager of Elections at the
election precinct known as Woodruff's Precinct, in Spartanburg District;
Resolution to establish precincts of election in Barnwell District; which
were referred to the Committee on Privileges and Elections.
Mr. S. W. PALMER presented the petition of the Commissioners of
Roads for St. Stephen's Parish, in relation to the road leading through the
Santee Swamp to Murray's Ferry, and other matters; which was referred to
the/ Committee on Roads and Buildings.
Mr. FICKLING presented the report of the Committee on Privileges
and Elections,
On a resolution, from the House of Representatives, " as to the discontin¬
uance of an election precinct, and the establishment of new ones, in Fairfield
District;" which was ordered for consideration to-morrow.
Mr. BRYAN submitted the report of the Committee on the Military and
Pensions,
On a Bill to authorize the formation' of a volunteer company within the
limits of the Independent Battalion attached to the Thirteenth Regiment
of Infantry; which received the second reading, and was returned to the
House of Representatives.
Mr. SIMPSON presented the report of the Committee on Incorpora¬
tions and Engrossed Acts, on the report of the Committee on Incorporations,
of the House,
On a Bill to incorporate the New Building and Loan Association; which
was ordered for consideration to-morrow; also,
The petition of Dr. J. P. Knight, praying compensation for post mortem
examination; which was referred to the Committee on the Lunatic Asylum
and Medical Accounts.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts,
On the account of Dr. T. J. Goodwyn, for post mortem examination;
On the account of Dr. D. S. Benson, for post mortem examination;
On the report of the Medical Committee of the House,
On the account of Dr. A. D. Hoke, for post mortem examination;
On the report of the Medical Committee of the House,
On the account of Dr. James Moore, for post mortem examination; '
On the report of the Medical Committee of the House,
On the account of Dr. John L. Ancrum, for pest mortem examination;
On the report of the Medical Committee of the House,
148
JOURNAL OP THE SENATE,
On the account of Dr. John G. Traynham, for post mortem examination;
On the report of the Medical Committee of the House,
On the account of Dr. Edward Westfield, for post mortem examination;
On the report of the Medical Committee of the House,
On the account of Dr. E. A. Keller, for post mortem examinations; which
were severally agreed to, and the House reports were rejected.
The General Orders were suspended.
Mr. MANNING presented the following report:
The Committee appointed to wait on His Excellency the Governor, and
inform him that the Senate has met, and that, a quorum being present, it
is ready to proceed to business, and receive any communication that he may
be pleased to make, ask leave to report, That they have discharged the duty
assigned them, and that His Excellency will communicate with this body
forthwith.
The following Message was received from His Excellency the Governor:
Executive Department, Charleston, January 3, 1861.
To the Members of the Senate and House of Representatives:
The events that have recently taken place in the Harbor of Charleston,
make it proper that I should communicate the general facts in relation to
the same.
It was distinctly understood, that those who had a right to pledge the
faith of the United States Government, on one part, and that those who had
a similar right, on the part of this State, had agreed that, after the Act of
Secession, there should be no change in the forces then occupying the dif¬
ferent Forts in the Harbor; nor should there be any increase of the United
States forces until after the Commissioners appointed by the Convention
should present themselves at Washington, and lay before the President of
the United States the Ordinance, and the proposition to negotiate for the
delivery of the Forts, and for the State to account for all the public property
on just and equitable principles. All this is admitted and stated by the
late Secretary of War, Gov. Floyd, in his letters of resignation, as published.
Pending this solemn pledge, during the night of the 26th December
Jast, the Commandant at Fort Moultrie, suddenly, without notice, evacuated
that post, with nearly every effective man under his command, and trans¬
ferred the garrison over to Fort Sumter, the strongest position, commanding
the Harbor, and, to a great extent, Fort Moultrie itself.
He not only did this, but he actually burnt the carriages of most of the
heavy guns that were in effective position, and spiked all the guns, and
injure.d the public property in other respects. The Fort was enveloped in
smoke and flame.
FRIDAY, JANUARY 4, 1861.
149
When this was known, in the early morning, the good people of Charles¬
ton were thrown into great excitement. I sent off an aide-de-camp to Fort
Sumter to know by what authority the Commandant had acted; and to
require that he immediately return back to Fort Moultrie, as the Govern¬
ment was pledged to keep the forces as they were in the different forts.
The reply of Major Anderson was, that he did not know of any such pledge,
and he had acted on his own responsibility, with a view to prevent the
effusion of blood, and he declined to return.
I immediately afterwards ordered the occupation of Castle Pinckney, and
also of Sullivan's Island; and, if it could be done without too great loss,
after precautionary examination as to mines, &c., the Fort itself should be
occupied.
In the orders issued, it was expressly stated, that these occupations were
with a view to prevent the further destruction of public property, and to
secure the public safety, if possible. The officer taking possession of Castle
Pinckney states that if it had not been done, the public property in that
Fort would have been destroyed, as was done in Fort Moultrie.
The Arsenal, containing the arms of the United States in this city, was
more recently taken possession of, to prevent any premature collision, and
for safe keeping, in the present excited state of the public mind.
All the steps that have been taken have been from necessity, and with a
view to endeavor to give security and safety in the present state of the
country.
The Convention has, by Ordinance, withdrawn the State from the Federal
Union, and, by consequence, imposed upon the Executive the duty of en¬
deavoring to sustain her dignity and her rights; and in this emergency, I
confidently rely upon the Legislature to sustain the Executive in all proper
measures. F. W. PICKENS.
On motion of Mr. MOSES, the Message was referred to the Committee
on Foreign Affairs, with instructions to report specially on so much as
relates to the pledges by the Government of the United States and the State
of South Carolina, relative to the forts.
Mr. SIMPSON presented the petition of Dr. J. P. Knight, praying com¬
pensation for post mortem examination.
The following House Bills received the second reading, were agreed to,
and were returned to the House of Representatives :
A Bill to authorize the formation of a Troop of Cavalry at Spartanburg
village, to be received into the Upper Squadron, Ninth Regiment, Fifth
Brigade, of South Carolina Cavalry;
A Bill to alter and amend an Act entitled " An Act to require and reg¬
ulate the granting of licenses to itinerant salesmen and travelling agents
150
JOURNAL OF THE SENATE,
A Bill to repeal the seventh section of an Act entitled " An Act for the
more effectual relief of insolvent debtors, and for other purposes/' passed
the seventh day of April, one thousand seven hundred and fifty-nine;
A Bill to prescribe the form of permits for slaves to be absent from the
owners' premises.
The following reports were concurred in, and were returned to the House
of Representatives :
The reports of the Committee on Claims,
On the petition of M. A. Harden and others, asking to be paid for
services as Jurors;
On the account of J. M. Brown, for public printing;
On the account of the E. R. Stokes, for binding Rules and Journals of
the House;
On the account of Harnett & Machen, for public printing;
On the account of James A. Hoyt, for public printing;
On the account of Dr. Edward B. Smith;
On the account of Dr. T. J. Teague, for services rendered Commissioners
of the Poor for Edgefield District;
On the account of Dr. T. A. Perritt;
On the account of Barnabas Williamson, administrator, for blankets fur¬
nished prisoners in jail;
On the account of Gilbert & Darr, for public printing;
On the account of the Chester Standard, for public printing;
On the account of the Charleston Evening News, for public printing;
On the account of W. 0. Chewing, for blankets furnished prisoners in
jail;
On the petition of John A. Hood, for compensation for a slave deserted
by his master;
On the account of M. B. Ward, for blankets furnished jail;
On the account of G\ M. MeJunkin, against the State, for printing;
On the account of L. M. Grrist, for public printing;
On the account of James D. Nance & Co., against the State, for printing;
On the account of Stanton & Hyrne, for public printing;
On the account of J. W. T&rbox, for public printing.
Mr. WILSON presented the report of the Committee on Commerce,
Manufactures and the Mechanic Arts, on the report of the House
Committee,
On the petition of Frederick W. Claussen, praying a change in the law
as to the inspection of Flour, with a Bill on the same subject, and also the
memorial of certain merchants and citizens of Charleston, against abolish¬
ing the inspection of Flour, and reducing the rates of compensation; which
FKIDAY, JANUARY 4, 1861.
15i
was ordered for consideration to-morrow, and the Bill and report were
ordered to be printed.
The following reports were concurred in, and were returned to the House
of Representatives:
Report of the Medical Committee,
On the account of Dr. J. M. Mouzon, for services rendered prisoner in
jail. *
Report of the Committee on the Judiciary,
On the communication of the State Reporter, accompanying the Twelfth
Yolume of Richardson's Law Reports.
Report of' the same Committee,
On the report of the Commissioners appointed to assess damages to
Thomas B. Reese, for injuries caused by opening a new road through his
land.
Report of the Medical Committee,
On the account of Dr. W. D. Wallace, for attendance on prisoners in jail.
Report of the Committee on the Judiciary,
On the account cf McCarter & Dawson, for sixty-two copies of Twelfth
Yolume of Richardson's Law Reports.
Report of the Committee on the Military,
On so much of the Governor's Message as relates to the compilation of
the Militia and Patrol Laws.
The following unfavorable reports were agreed to, and the accounts were
rejected, namely:
The reports of the Committee on the Lunatic Asylum and Medical
Accounts,
• On the account of Dr. J. E Brennan, for post mortem examination;
On the account of Dr. W. W. Moore, for post mortem examination;
On the account of Dr. W. L. Steele, for post mortem examination.
The Committee on the Judiciary was discharged from the further con¬
sideration of the following: -
The petitiou of sundry citizens of Summerville, for the appointment of a
special Magistrate;
A Bill (introduced in the Senate) to authorize the appointment of an
additional Magistrate for Lexington, in Beats Nos. 1 and 2, of South
Carolina Militia.
Pursuant to orders heretofore made, the Senate, at 1 o'clock, P. M., joined
the House of Representatives in a ballot for Commissioner to Codify the
Statute Law. Messrs. Allen and Alston were appointed the Committee
on the part of the Senate to count the ballots.
The House of Representatives returned to the Senate a resolution for the
pay of members of the Convention, in which that House had concurred.
152
JOURNAL OF THE SENATE,
The report of the Committee on the Judiciary, on the report of the
Committee on the Judiciary of the House of Representatives, on the com¬
munication of J. L. Petigru, Commissioner to Ccdify the Statute Law, was
agreed to, and. pursuant thereto, a message was sent to the House of Repre¬
sentatives, asking leave to amend the House report in relation to the distribu¬
tion of copies of the Cede, by adding "and five copies to the library of the
Court of Appeals at Columbia, and the same number to the Court of
Appeals at Charleston."
The following message was received from the House of Representatives:
House of Representatives, January 4, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to amend the report of
the Medical Committee of this House, on the accounts of Drs. M. A.
Hunter and W. T. Dargan, as follows: " That Dr. W. T. Dargan be paid
ten dollars, and that the balance of his account be rejected."
By order of the House,
JAMES SIMONS, Speaker,
The report was amended pursuant to leave granted, and was concurred
in, and returned to the House of Representatives.
The following message was received from the House of Representatives:
House of Representatives, January 4, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully refuses to grant leave to your body to amend the
report of the Medical Committee of this House, on the accounts of Drs.
Powell & Templeton, by striking out " two hundred and thirty-two," and
inserting " twenty-eight," and that the balance of the account, two hundred
and four dollars, be rejected.
By order of the House,
JAMES SIMONS, Speaker.
The Senate returned a message, insisting on asking leave.
Mr. ALLEN, from the Committee to count the ballots for Commissioner
on the Code, reported that James Louis Petigru had received a majority of
the ballots cast; whereupon he was declared by the PRESIDENT to have
been duly elected.
On motion of Mr. HAMPTON, the order on the Governor's Message
was reconsidered.
On motion of Mr. GARLINGTON, the Message was ordered to be
printed, and to be passed over for the present.
SATURDAY, JANUARY 5, 1861.
153
The Senate proceeded to the
SPECIAL* ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
A Bill to establish a Military Corps of Engineers.
The Bill received the second reading, was agreed to, and was sent to the
House of Representatives.
At 2 o'clock, P. M., the Senate proceeded to the Special Order for that
hour,
A Bill, from the House of Representatives, for the establishment of a
Coast Police for the State of South Carolina.
The Bill received the second reading, was agreed to, and was sent to the
House of Representatives.
Mr. BARKER presented the account of Dr. F. Peyre Porcher, for post
mortem examination; which was referred to the Committee on the Lunatic
Asylum and Medical Accounts.
On motion of Mr. LESESNE, the Senate adjourned at twenty-five
minutes to 3 o'clock, P. M.
[CHARLESTON.]
SATURDAY, JANUARY 5, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
The President laid before the Senate a communication from the President
of the State Convention, containing an extract from the minutes of the
Convention; which was ordered to be printed, and was.made the Special
Order for Monday, at 1 o'clock, P. M. • and also,
A communication from the Chairman on Engrossed Ordinances of the
same body, enclosing Ordinances passed by the State Convention. Two
copies of the communication, and of each Ordinance, were ordered to be
printed for the members of the Senate.
The House of Representatives sent to the Senate the following Bills:
A Bill to amend an Act entitled "An Act to enlarge and extend the
powers of the Governor, and of the City Council of Charleston, over Quar-
20
154
JOURNAL OF THE SENATE,
antine, and for other purposes," passed on the twentieth day of December,
in the year of our Lord, one thousand eight hundred and thirty-two;
A Bill to amend the charter of the town of Sumter ;
A Bill to incorporate " The New Building and Loan Association."
The Bills received the third reading; were agreed to; the titles were
changed into Acts; and they were returned to the House of Representatives.
The House of Representatives sent to the Senate
The report of the Committee on Privileges and Elections, on the petition.
of sundry citizens of Edgefield District, praying the establishment of a new
election precinct at Vaucluse; which was referred to the Committee on
Privileges and Elections.
The House of Representatives returned to the Senate the following Act,
and it was referred to the Committee on Incorporations and Engrossed Acts:
An Act to authorize the formation of a new Yolunteer Company of In¬
fantry, to be called the "Lexington Yolunteer Rifle Company," and to
incorporate the same, and to authorize the formation of certain other new
Yolunteer Companies, and for other purposes.
Mr. McKEWN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee of
the House of Representatives,
On the account of Dr. William Magill, for post mortem examination.
Mr. BARKER presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee of
the House of Representatives,
On the account of Dr. R. W. Hale, for a post mortem examination.
Mr. BRYAN presented the report of the Committee on Military and
Pensions,
v
On a Bill 'to authorize the formation of a Yolunteer Company in the
Thirteenth Regiment of Infantry; all of which were ordered for considera¬
tion on Monday.
The House of Representatives sent to the Senate
A Bill to provide for compensation to owners of property taken for public
purposes; which received the first reading, and was referred to the Com¬
mittee on the Judiciary.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on Privileges and Elections,
On resolutions, from the House of Representatives, as to discontinuance
of a place of election in Fairfield; and
The report of the Committee on Incorporations and Engrossed Acts,
MONDAY, JANUARY 7, 1861.
155
On a Bill, from the House of Representatives, to incorporate the New
Building and Loan Association; which were ordered to lie on the table.
The General Orders, with the exception of the papers in the hands of the
printer, were disposed of.
On motion of Mr. GARLINGTON, the Senate adjourned at 1 o'clock,
P. M.
[CHARLESTON.]
MONDAY, JANUARY 7, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of Saturday.
Mr. MONTGOMERY presented the petition of sundry citizens of Will¬
iamsburg District, against fencing Lynch's Creek Swamp; which was
referred to the Committee on the Judiciary.
Mr. WILSON presented the account of D. Lopez, for fitting up the
Senate Chamber, in Charleston; which was referred to the Committee
on Claims and Grievances.
Mr. MOSES moved to take up a communication from the President of
the State Convention, covering an extract from their proceedings; and the
same was ordered.
Mr. MOSES offered the following resolution, which was considered, and
was agreed to:
Resolved, That it be referred to the Committee on the Judiciary, to
inquire and report what legislation is necessary to carry out the purposes
proposed and directed by the Ordinance of the Convention, dated December
81, 1860, entitled "An Ordinance concerning Judicial Powers."
Mr. McALILEY offered the following resolution, which was considered,
and agreed to, and was sent to the House of Representatives for concurrence:
Resolved, That this Legislature do adjourn on Tuesday, the 15th instant,
at 12 o'clock, M.
Mr. HOPE offered the following resolution, which was considered, and
agreed to, and the Committee was instructed accordingly:
156
JOURNAL OF THE SENATE,
Resolved, That the Committee on the Judiciary examine all the Ordi¬
nances passed by the Convention of the People of the State, and report
to the Senate whether there be any special legislation required by said
Ordinances, at this session.
Mr. McCAW presented a petition of the citizens of York District, pray¬
ing for the opening of a road from the residence of Joseph M. Cash to Gaff-
ney's Ferry, on Broad River 3 which was referred to the Committee on Roads
end Buildings.
Mr. McCAW presented a petition of the citizens of York District, praying
for the opening of a road from the residence of Francis Moore to the North
Carolina State line 3 which was referred to the Committee on Roads and
Buildings.
Mr. HARRISON presented a petition of Daniel Brown, trustee of Mrs.
M. A. Morris, praying to be refunded a double tax 3 which was referred to
the Committee on Finance and Banks.
The House of Representatives sent to the Senate the following papers:
A Bill to alter and amend the charter of the town of Anderson in cer¬
tain particulars 3 which received the first reading, and was referred to the
Committee on Incorporations and Engrossed Acts 3
A resolution as to the establishment of a new election precinct in the
District of Barnwell, and to substitute a Manager in the Parish of St.
Mathews3 which was referred to the Committee on Privileges and Elections j
The report of the Committee on Offices and Officers,
On the petition of sundry citizens of Edgefield District, praying the re¬
appointment of a Magistrate 3 which was referred to the Committee on the
Judiciary.
Mr. MARSHALL offered the following resolution, which was copsidered,
and was agreed to :
- Resolved, That it be referred to the Committee on Military and Pensions,
to inquire and report whether any legislation is necessary, on the part of
this Gieneral Assembly, in reference to the resolution of the Convention
authorizing the formation of a regiment of enlisted men for the service of
the State 3 and also, the propriety of establishing the nucleus of a standing
army fbr the Commonwealth of South Carolina.
Mr. CANNON gave notice that to-morrow he will ask leave to introduce
A Bill to increase the powers of Commissioners of Public Buildings.
Mr. E. G. PALMER presented the report of the Committee on Agri¬
culture and Internal Improvements,
On a Bill, from the House of Representatives, to amend the charter of
the Georgetown Railroad Company, so as to authorize the said Company to
MONDAY, JANUARY 7, 1861.
157
extend their road to Bishopville, in Sumter District, and to reduce the
amount of stock necessary to he held by any one before becoming a direc¬
tor or officer in said Company.
Mr. CANNON presented the report of the Committee on Roads and
Buildings,
On the petition of the Commissioners of Public Buildings for Laurens
District, praying to be refunded the amount paid out by them for office rent
during the reconstruction of the Court House of said District.
Mr. FICKLING presented the report of the Committee on Privileges
and Elections,
On a resolution as to the appointment of Managers of Elections in Ches¬
terfield and Spartanburg Districts ; also,
On a Bill to alter and amend the law in relation to the method of count¬
ing votes in all elections by the people; and also,
On a resolution on the same subject; also,
On the petition of the Board of Managers of Elections of Edgefield
District, to change the mode of procedure in elections'; also,
On the presentment of the Grand Jury, Fall Term, 1860, in relation to
the elections for Lancaster District.
Mr. E. G. PALMER, from the Committee on Agriculture and Internal
Improvements, reported
A Bill to authorize the Railroad Accommodation Wharf Company to
construct a draw-bridge over Mazyckboro' Creek; which received the first
reading, and was ordered for a second reading to-morrow.
Mr. E. G. PALMER also presented the report of the Committee on
Agriculture and Internal Improvements, on the report of the Committee
on Agriculture of the House,
On the report of the President and Secretary of the State Agricultural
Society.
Mr. E. G. PALMER also presented the report of the Committee on
Agriculture and Internal Improvements, on
A Bill, from the House of Representatives, to protect sheep husbandry.
Mr. MARSHALL presented the report of the Committee on Military
and Pensions, on the report of the Committee on Military of the House of
Representatives,
On the petition of LaFayette Weaver, for a duplicate for a lost gold
medal; all of which were ordered for consideration to-morrow.
The House of Representatives returned to the Senate
An Act for the establishment of a Coast Police for the State of South
Carolina; which received the third reading, was passed, the title was
changed into an Act, and it was returned to the House of Representatives.
158
JOURNAL OF THE SENATE,
The House of Representatives sent to the Senate
A Bill to provide for the issue of stock for the construction of the new
State House. This Bill having been amended by the House of Represen¬
tatives, on the third reading, the Bill and amendments were referred to the
Committee on the new State House.
At 1 o'clock, P. M., the Senate proceeded to the
SPECIAL ORDER FOR 1 O'CLOCK, P. M.
A communication from the President of the State Convention; and the
same was referred to the Committee on Finance and Banks.
Mr. RHETT offered the following resolution; which was considered, and
was agreed to, and the Committee was instructed accordingly:
Resolved', That it be referred to the Committee on the new State House,
to report on the nature, dates, amounts and terms of payment, and the
residences and names of the persons with whom made, of the several con¬
tracts for labor and materials mentioned by the Commissioner in his report
as existing contracts in the course of execution, and amounting to $271,000)
and that they further report what progress has been made in the execution
of said contracts.
At half-past 1 o'clock, P. M., Message No. 2 was communicated to the
Senate by His Excellency the Governor. The Message was read, and was
ordered to be printed; and so much as relates to military affairs, was re¬
ferred to the Committee on Military and Pensions; and so much as relates
to finances, to the Committee on Finance and Banks.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on the Judiciary,
On a Bill to suspend in part the operation of the Usury Laws, being
before the Senate for consideration, the Bill passed to a second reading.
Mr. GARLINGTON moved that the Bill be indefinitely postponed;
which question was ordered to be decided by yeas and nays; and they are
as follows:
Those who voted in the affirmative, are
Messrs. Allen, Appleby, Beaty, Boykin, Boyle, Bull, Cannon, Dantzler,
DeLoach, Furman, Garlington, Harrison, Hope, Irby, Johnson, Manning,
Marshall, Mazyck, McCaw, McKewn, Montgomery, E. G. Palmer, S. W.
Palmer, Roberds, Sessions, Sharpe, Simpson, and Ware.
MONDAY, JANUARY 7, 1861.
159
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Pickling, Hampton, Heyward,
Lesesne, McAliley, Moses, Rhett, and Wilson.
In the affirmative, 28.
In the negative, 9.
The motion, therefore, prevailed; and the Rill was indefinitely postponed-
The General Orders were suspended.
Mr. HAMPTON submitted the report of the Committee on the new
State House,
On the amendments made by the House of Representatives, on the third
reading, of a Bill to authorize the issue of bonds or stock for continuing
the construction of the new State House; which was ordered for considera¬
tion to-morrow.
The House of Representatives sent to the Senate
A resolution, directing the President of the Bank of the State to pay
$150,000, on the check of the Governor, for military contingencies; which
was considered, and concurred in, and was returned to the House of
Representatives.
The report of the Medical Committee of the House of Representatives,
On the account of Dr. R. W. Hale, for post mortem examination, was
concurred in, and was returned to the House of Representatives.
The unfavorable report of the Committee on the Lunatic Asylum and
Medical Accounts, on the report of the Medical Committee of the House
of Representatives,
On the account of Dr. William Magill, for post mortem examination,
was agreed to, and the. report of the House Committee was rejected.
A Bill to authorize the formation of a Volunteer Company within the
limits of the Independent Battalion attached to the Thirteenth Regiment
of Infantry, received the second reading, was agreed to, and was ordered to
be returned to the House of Representatives.
The General Orders were disposed of.
On motion of Mr. McCAW, the Senate adjourned at ten minutes past
2 o'clock, P. M.
160
JOURNAL OF THE SENATE,
[CHARLESTON".]
TUESDAY, JANUARY 8, 1861.
The Senate met at 12. M.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives sent to the Senate
A resolution relative to placing the arms and munitions of war in the
United States Arsenal in charge of the Board of Ordnance; which was,
referred to the Committee on Military and Pensions.
The House of Representatives also sent to the Senate
A report of the Committee of Ways and Means
On the memorial of the Blue Ridge Railroad Company, praying the
payment of interest on certain bonds; which was referred to the Committee
on Finance and Banks.
The House of Representatives also sent to the Senate the following Bills;
which severally received the first reading, and were referred and disposed
of as follows:
A Bill to afford aid in the construction of the Georgetown Railroad,
was referred to the Committee on Roads and Buildings, and was ordered
to be printed.
A Bill to incorporate the York Gas Light Company, was referred to the
Committee on Incorporations and Engrossed Acts.
A Bill to incorporate the " Calhoun Guards," was referred to the Com¬
mittee on Incorporations and Engrossed Acts.
A Bill to incorporate a Ninety-Six Church," was referred to the Com¬
mittee on Incorporations and Engrossed Acts.
A Bill to incorporate the Due West Female College, was referred to the
Committee on Incorporations and Engrossed Acts.
A Bill to amend and renew the Charter of Grace Church, Charleston,
was referred to the Committee on Incorporations and Engrossed Acts.
The House of Representatives also returned to the Senate the following
Bills, which had received three readings in that House, viz.:
A Bill to repeal the seventh section of an Act entitled a An Act for the
more effectual relief of insolvent debtors, and for other purposes," passed
the seventh day of April, one thousand seven hundred and fifty-nine;
A Bill to authorize the formation of a Troop of Cavalry at Spartanburg
village, to be received into the Upper Squadron, Ninth Regiment, Fifth
Brigade, of South Carolina Cavalry;
TUESDAY, JANUARY 8, 1861.
161
A Bill to prescribe the form of permits for slaves to be absent from the
owners' premises;
A Bill to amend the charter of the town of Georgetown in sundry par¬
ticulars.
The Bills, severally, received the third reading, and were passed; the
titles were changed into Acts, and they were returned to the House of Rep¬
resentatives.
At half-past 1 o'clock, P. M., the following message was communicated
to the Senate:
Executive Department, Charleston, January 7, 1861.
To the President and Members of the
Senate of the State of South Carolina:
Under the authority of the Convention of the State of South Carolina, a
Volunteer regiment has been raised to serve for the period of six months.
The order of the Convention, by which the appointment of the officers of
enlisted regiments is to be made with the advice and consent of the Senate,
suggests the propriety of submitting to you, also, the appointment of the
Field Officers of this Volunteer Regiment. I therefore submit, for your
advice and consent, the nomination of the following persons for the Field
Officers of the Regiment of Volunteers, to serve for a period of six (6)
months:
For Colonel, Maxcy Gregg.
For Lieutenant Colonel, A. H. Gladden.
For Major, D. H. Hamilton.
F. W. PICKENS.
The Senate resolved itself into Executive Session, for the purpose of con¬
sidering the nominations; and, on resuming the regular business session,
the President announced that the nominations were confirmed, and that the
Governor would be informed thereof.
The following message was received from the House of Representatives :
House oe Representatives, January 5, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to amend the report of
the Committee on the Judiciary of this House, on the report of the Com¬
missioner of the Code, by adding to the first resolution the following, to
wit: " and five copies to the Library of the Court of Appeals at Columbia,
and the same number to the Library of the same Court at Charleston."
By order of the House,
JAMES SIMONS, Speaker.
21
162
JOURNAL OF THE SENATE,
The report was amended pursuant to leave granted, and concurred in,
and was returned to the House of Representatives.
The following message was received from the House of Representatives:
House of Representatives, January 5, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully insists on refusing leave to your body to amend
the report of the Medical Committee of this House, on the account of Drs.
Powell & Templeton, by striking out " two hundred and thirty-two," and
inserting "twenty-eight;" and that the balance of the account, two hun¬
dred and four dollars, be rejected.
By order of the House,
JAMES SIMONS, Speaker.
The Senate returned a message, insisting on asking leave, and also asking
the appointment of a Committee of Conference, and informing the House
of Representatives that the Senate had appointed Messrs. Furman, Barker
and Hart the Committee, on the part of the Senate.
Mr. MOSES presented the report of the Committee on the Judiciary,
On sundry petitions and memorials, praying grants of escheated property ;
and
On " a Bill to vest in certain persons all the right, title and interest of
the State, by escheat, in and to certain property."
Mr. MARSHALL presented the report of the Committee on Military
and Pensions, i
On a Bill to authorize the formation of a new Volunteer company, to be
called the St. Paul's Rifles, and to incorporate the same.
Mr. HARRISON presented the report of the Committee on Claims and
Grievances, on the report of the Committee on Claims of the House,
On the account of Francis DeLorme, for public printing;
On the account of George A. Fink, for public printing;
On the account of Davis & Crews, for public printing;
On the account of Dr. P. A. Wilhite, for services rendered prisoners in
jail;
On the account of Drs. J. F. & J. S. Brockinton, for services rendered
prisoners in jail.
Mr. FURMAN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts,
On the account of Dr. F. Peyre Porcher, for post mortem examination.
Mr. APPLEBY presented the report of the Committee on the Lunatic
Asylum and Medical Accounts,
On the account of Dr. J. P. Knight, for post mortem examination.
TUESDAY, JANUARY 8, 1861.
163
Mr. W. D. SIMPSON presented the report of the Committee on Incor¬
porations and Engrossed Acts,
On the petition of the Charleston Fire Company of Axemen, praying
change of charter; and the counter petition of the Charleston Board of
Fire Masters, on the same subject.
Mr. CANNON presented the report of the Committee on Roads and
Buildings, on the report of the Committee on Roads, Bridges and Ferries, of
the House,
On a Bill to repeal an Act entitled " An Act to exempt teachers and
students from the performance of road duty."
Mr. WARE presented the report of the Committee on Incorporations
and Engrossed Acts,
On a Bill to amend the charter of the Laurens Railroad Company; all of
which were ordered for consideration to-morrow.
Mr. McALILEY gave notice that to-morrow he will ask leave to intro¬
duce
A Bill to repeal the law against Usury within the City of Charleston.
Pursuant to notice, and with leave of the Senate, Mr. CANNON intro¬
duced
A Bill to increase the powers of Commissioners of Public Buildings;
which received the first reading, and was referred to the Committee on
Roads and Buildings, and was ordered to be printed.
The Committee on the Judiciary was discharged from the further con¬
sideration of the report of the Committee on Offices and Officers of the
House of Representatives, in relation to an additional Magistrate for Edge¬
field, and the same was referred to the Committee on Accounts and Yacant
Offices.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following Bill received the second reading, was agreed to, and was
returned to the House of Representatives:
A Bill, from the House of Representatives, to amend the charter of the
Georgetown Railroad Company, so as to extend their road to Bishopville,
in Sumter District, and to reduce the amount of stock necessary to be held
by any one before becoming a director or officer in said Company.
The following Bill received the second reading, was agreed to, and was
sent to the House of Representatives :
A Bill to authorize the Railroad Accommodation Wharf Company to con¬
struct a draw-bridge over Mazyckboro' Creek.
164
JOURNAL OF THE SENATE,
A Bill, from the House of Representatives, to protect sheep husbandry,
being before the Senate, on the second reading, Mr. HOPE moved that the
Bill do lie on the table; which question was ordered to he decided by yeas
and nays, and they are as follows :
Those who voted in the affirmative, are
Messrs. Barker, Beaty, Boykin, Boyle, Bull, Cannon, Fickling, Hampton,
Harrison, Heyward, Hope, Irby, Lesesne, Manning, McAliley, McKewn,
Montgomery, Moses, S. W. Palmer, Rhett, Roberds, Sessions, Simpson,
Ware, and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Allen, Bryan, Dantzler, John¬
son, Keitt, McCaw, E. G. Palmer, Sharpe, and Wilson.
In the affirmative, 25.
In the negative, 10.
The motion, therefore, prevailed; and the Bill was ordered to lie on the
table.
The report of the Committee on Agriculture, of the House of Repre¬
sentatives,
On the report of the President and Secretary of the State Agricultural
Society; and
The report of the Committee on the Military, of the House of Repre¬
sentatives,
On the petition of LaFayette Weaver, praying a duplicate for a lost gold
medal; were concurred in, and were returned to the House of Repre¬
sentatives.
The report of the Committee on Roads and Buildings,
On the petition of the Commissioners of Public Buildings for Laurens
District, to be refunded the amount paid by them for rents, during the re¬
construction of the Court House, was agreed to, and was sent to the House
of Representatives for concurrence.
The General Orders were disposed of.
On motion of Mr. MOSES, the Senate adjourned at ten minutes past 2
o'clock, P. M.
WEDNESDAY, JANUARY 9, 1861. 165
[CHARLESTON.]
WEDNESDAY, JANUARY 9, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of' yesterday.
Mr. MOSES offered the following resolution:
Resolved, That the Clerk of the Senate he instructed, at his earliest
convenience, to compare with the original Ordinance of the Convention}
entitled " An Ordinance concerning Citizenship," the copy furnished the
Senate by the Convention; and if he cannot get access to the original, that
he compare said copy with the Ordinance as recorded in the office of £he
Secretary of State, and that he report the result of such examination.
Which was considered, and was agreed to.
The House of Representatives returned to the Senate the following Acts :
An Act to incorporate <£ The New Building and Loan Association
An Act to amend the charter of the town of Sumter; and they were
referred to the Committee on Incorporations and Engrossed Acts.
On motion of Mr. WILSON, a Bill to lend the name and credit of the
State to the Greenville and Columbia Railroad Company, in the readjust¬
ment of their debt, was made the Special Order for to-morrow, at 1
o'clock, P. M.
At half-past 12 o'clock, P. M., a sealed message was delivered to the
President of the Senate, from his Excellency the Governor, through the
Executive Secretary. The Senate resolved itself into Executive Session,
and the doors were closed. When the doors were opened, the President
announced that the Senate had confirmed the nomination of William S.
Croft as Collector of the Port of Georgetown, vice John N. Merriman,
removed!; and that the Governor would be informed thereof accordingly.
The House of Representatives sent to the Senate the following Bills;
which severally received the first reading, and were referred and disposed
of as follows :
A Bill to amend an Act entitled " An Act to convert the Arsenal at
Columbia, and the Citadel and Magazine in and near Charleston, into
Military Schools, was referred to the Committee on Military and Pensions.
A Bill to incorporate certain societies, associations and companies, and to
renew and amend the charters of others, was referred to the Committee on
Incorporations and Engrossed Acts.
166
JOURNAL OF THE SENATE,
A Bill to incorporate certain Towns and Villages, and to renew and
amend certain charters heretofore granted, was referred to the Committee
on Incorporations and Engrossed Acts.
Mr. WARE presented the report of the Committee on Incorporations
and Engrossed Acts, on the report of the House Committee,
On a Bill to incorporate the " Due West Female College."
Mr. WARE also presented the report of the Committee on Incorpora¬
tions and Engrossed Acts,
On a Bill, from the House of Representatives, to amend and renew the
charter of Grace Church, Charleston.
Mr. McALILEY presented the report of the Committee on Finance and
Banks, on the report of the Special Committee of the York and'Lancaster
Delegations, of the House of Representatives,
On the petition of D. J. Rice, Indian Agent.
Mr. McALILEY also presented the report of the Committee on Finance
and Banks,
On the petition of Samuel Watson, sheriff of Sumter District.
Mr. McALILEY also presented the report of the Committee on Finance
and Banks, on the report of the Committee of Ways and Means, of the
House,
On the petition of A. Laurens Toomer, for remission of double tax.
Mr. McALILEY also presented the report of the Committee on Finance
and Banks,
On the petition of Daniel Brown, trustee of Mrs. M. A. Morris, asking
to be refunded a double tax; all of which were ordered for consideration
to-morrow.
Pursuant to notice, and with leave of the Senate, Mr. McALILEY
introduced
A Bill to repeal the Usury Laws within the City of Charleston; which
received the first reading, and was referred to the Committee on Finance'
and Banks.
Mr. MAZYCK offered a resolution relative to Mileage of Senators;
which was referred to the Committee on Finance and Banks, and was
ordered to be printed.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on the new State House, on the amend¬
ment, by the House of Representatives, to a Bill to provide for the issue of
bonds or stock for the construction of the new State House, was, on
WEDNESDAY, JANUARY 9, 1861.
167
motion of Mr. RHETT, made tlie Special Order of tlie day for to-morrow,
at half-past 1 o'clock, P. M.
The following reports were concurred in, and were ordered to he returned
to the House of Representatives:
The report of the Medical Committee,
On the account of Dr. P. A. Wilhite, for services rendered prisoners in
jail;
The report of the Committee on Claims, to whom was recommitted the
report of the Committee on Claims,
On the account of Francis DeLorme, proprietor of the Sumter Dispatch,
for public printing;
On the account of George A. Fink, for public printing;
On the account of Davis & Crews, for public printing;
On the account of J. F. & L. S. Brockinton, for services rendered
prisoners in jail.
The following report was agreed to, and was ordered to be sent to the
House of Representatives for concurrence :
The report of the Committee on the Lunatic Asylum and Medical
Accounts,
On the account of Dr. F. Peyre Porcher, for post mortem examination.
A Senate Bill to incorporate the St. Paul's Rifles, being before the
Senate, on second reading, the title was amended so as to read: "A Bill to
authorize the formation of a new Yolunteer Company, to be called the St.
Paul's Rifles, and to incorporate the same." \
The Bill received the second reading, was agreed to, and was sent to the
House of Representatives.
A Bill to vest in certain persons all the right, title and interest of the
State, by escheat, in and to certain property; and
A Bill to amend the charter of the Laurens Railroad Company, received
the second reading, were agreed to, and were sent to the House of Repre¬
sentatives.
The unfavorable report of the Committee on the Lunatic Asylum and
Medical Accounts,
On the account of Dr. J. P. Knight, for post mortem examination; and
The report of the Committee on Incorporations and Engrossed Acts,
On the petition of the Charleston Fire Company of Axemen, praying
change of charter, and the counter petition of the Charleston Board of
Fire Masters on the same subject, unfavorable to the prayer of the main
petition, were agreed to.
The General Orders were suspended, and, on motion of Mr. GARLING-
TON, it was ordered, that when the Senate suspends business to-day, it
shall be resumed'his day, at 7 o'clock, P. M.
168
JOURNAL OF THE SENATE,
The Senate resumed the General Orders of the day.
A Bill to repeal an Act entitled An Act to exempt teachers and stu¬
dents from the performance of road duty, being before the Senate, on
second reading, Mr. McALILEY moved that the Bill do lie on the table;
•which was ordered to be decided by yeas and nays, and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Barker, Boykin, Boyle, Furman,
Hampton, Harrison, Hart, Hey ward, Johnson, Keitt, Lesesne, Manning,
Mazyck, McAliley, McKewn, Montgomery, E. G. Palmer, S. W. Palmer,
Rhett, Sharpe, Simpson, Ware, Watson, and Wilson.
Those who voted in the negative, are
Messrs. Allen, Beaty, Cannon, DeLoach, Hope, Irby, McCaw, Moses,
Roberds, and Sessions.
In the affirmative, 25.
In the negative, 10.
The motion, therefore, prevailed; and the Bill was ordered to lie on the
table.
On motion of Mr. MAZYCK, the Senate, at half-past 2 o'clock, P. M.,
suspended business until 7 o'clock, P. M.
RECESS.
At 7 o'clock, P. M., the PRESIDENT resumed the Chair, and the
Senate proceeded with business.
Mr. CANNON submitted the report of the Committee on Roads and
Buildings,
On a Bill (Senate) to increase the powers of the Commissioners of Public
Buildings; which was ordered for consideration to-morrow.
A special message was received from His Excellency the Governor, cov¬
ering a correspondence with Major Anderson, commandant of Fort Sumter.
The Senate then resolved itself into Executive Session, and the doors
were closed. Whereupon Mr. GARLINGTON offered certain resolutions,
which were under debate when a second message was received from the
Governor, on the same subject.
The resolutions of Mr. GARLINGTON were then amended, so as to
read as follows:
Resolved, unanimously, That this General Assembly entirely approves
the replies of His Excellency the Governor to the communications of Major
Anderson, the officer commanding Fort Sumter.
Resolved, unanimously, That the foregoing resolution be communicated
to His Excellency the Governor, and that he be requested to transmit copies
THURSDAY, JANUARY 10, 1861.
169
of the same to the Governors of the other slaveholding States, together
with copies of the correspondence with Major Anderson.
(
The resolutions were/agreed to, and were ordered to be sent to the House
of Representatives.
Mr. LESESNE then offered the following resolution, which was agreed to:
Resolved, That the injunction of secrecy as to the communications between
Major Anderson and the Governor, be removed.
On motion of Mr. WILSON, the messages of the Governor and the cor¬
respondence between the Executive Department and Major Anderson,
were ordered to be printed.
[CHARLESTON.]
THURSDAY, JANUARY 10, 1861.
The Senate met at 12, M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Mr. MOSES presented the report of the Committee on the Judiciary,
On the petition of certain citizens of Cheraw and its vicinity, praying an
Act to stay the collection of claims by Law until after 1st December, 1861;
also,
On a resolution to prepare and report Rules for the government of the
Senate, when in Executive or Secret Session.
Mr. MAZYCK presented the report of the Committee on Finance and
Banks,
On a resolution relative to mileage; and
On a Bill to repeal the Usury Laws within the City of Charleston.
Mr. McALILEY presented the report of the Committee on Finance and
Banks,
On a Bill, from the House of Representatives, to afford aid in the con¬
struction of the Georgetown Railroad.
Mr. HARRISON presented the report of the Committee on Claims and
Grievances,
22
170
JOURNAL OP THE SENATE,
On the Memorial of Anthony Hyde, praying compensation for services
rendered in relation to a claim by the State against the Federal Govern¬
ment ; also,
On the account of H. H. Flatman, for conveying prisoner to jail; also,
On " a Bill to provide for compensation to owners of property taken for
public purposes."
Mr. APPLEBY presented the report of the Committee on the Lunatic
Asylum and Medical Accounts,
On the account of Dr. J. J. Broyles, for post mortem examination; which
were ordered for consideration to-morrow.
The JPouse of Representatives sent to the Senate the following Bills,
which had received two readings in the Senate, and three readings in the
House of Representatives :
A Bill to incorporate the West Point Mill Company;
A Bill to amend the charter of the Georgetown Railroad Company, so as
to authorize the said Company to extend their road to Bishopville, in
Sumter District, and to reduce the amount of stock necessary to be held by
any one before becoming a director or officer in said Company.
The Bills received the third reading, and were passed; the titles were
changed to Acts, and they were returned to the House of Representatives.
The House of Representatives also sent to the Senate
A Bill to incorporate certain religious and charitable societies, and socie¬
ties for the advancement of education, and to renew and amend the charters
of others, heretofore granted; which received the first reading, and was
referred to the Committee on Incorporations and Engrossed Acts.
. The House of Representatives also sent to the Senate
A Bill to alter and amend the tenth section of the first Article of the
Constitution of the State of South Carolina ; which had been read twice in
the Senate, and three times in the House of Representatives, and agreed to.
The Bill was made the Special Order for to-morrow, at 1 o'clock, P. M.
Mr. ALLEN offered the following resolution, which was considered, and
agreed to, and was ordered to be sent to the House of Representatives for
concurrence:
Resolved, That Dr. Robert W. Gibbes be hereby instructed to turn over
the permanent work as far as he conducted it, up to the hour of the ap¬
pointment of his successor, to Mr. C. P. Pelham, the incumbent; and that
the Treasurer be ordered to pay him for the same at the rate of his pay
agreed on by his original contract as printer of the permanent work, de¬
ducting for such stitching and binding whatever it is worth, as compensa¬
tion for the present incumbent.
THURSDAY, JANUARY 10, 1861.
171
The Senate proceeded to tlie
GENERAL ORDERS OF THE DAY.
The unfavorable report of the Committee on Finance and Banks, on the
report of the Special Committee of the House of Representatives,
On the Petition of D. J. Rice, Indian Agent, for payment of an account,
was agreed to, and the report was rejected.
The report of the Committee of Ways and Means, of the House of Repre¬
sentatives,
On the petition of H. Laurens Toomer, for the remission of a double tax,
was concurred in, and was returned to the House of Representatives.
The following Bills received the second reading, were agreed to, and were
returned to the House of Representatives :
A Bill to amend and renew the Charter of Grace Church, Charleston;
A Bill to incorporate the Due West Female College;
A Bill to increase the powers of the Commissioners of Public Buildings.
The General Orders were disposed of.
. Resolutions were received from the House of Representatives, adopted in
Secret Session, and others in the usual session, in relation to the correspond¬
ence between the Governor and Major Anderson, commandant of Fort
Sumter. The Resolutions were referred to the Committee on Foreign Af¬
fairs.
The House of Representatives sent to the Senate the following message :
House op Representatives, January 10, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to amend the second
resolution as to the appointment of Managers of Elections in Chesterfield
and Spartanburg Districts, by adding: "and that S. H. Langston and J. A.
Padgett be appointed Managers at Anderson Court House, in place of J. C.
Whitefield and J. B. Moore."
By order of the House,
JAMES SIMONS, Speaker.
The report was amended, and concurred in, and was returned to the
House of Representatives.
The following message was also received from the House of Representa¬
tives :
172
JOURNAL OF THE SENATE,
House op Representatives, January 10, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully insists upon refusing leave to your body to amend
the report of the Medical Committee of this House, on the account of Drs.
Powell & Templeton, by striking out "two hundred and thirty-two/' and
inserting "twenty-eight," and that the balance of the account, two hundred
and four dollars, be rejected. In accordance with the request of your body,
this House has appointed Messrs. Sullivan, Keller, Ware, Brockinton, and
Blackwell, a Committee of Conference, on the part of this House, to act with
the Committee of your body.
By order of the House,
JAMES SIMONS, Speaker.
Mr. IRBY submitted the reports of the Committee on Incorporations and
Engrossed Acts, on the report of the Committee on Incorporations of the
House of Representatives,
On a Bill to incorporate Ninety-Six Church;
On the report of the House Committee,
On a Bill to incorporate the "Calhoun Guards."
Mr. CANNON submitted the reports of the Committe on Roads and
Buildings,
On the petition of sundry citizens of St. John's, Berkeley, praying the
establishment of a new road;
On the report of the Committee on Roads, Bridges and Ferries, of the
House,
On the petition of the Commissioners of Roads and other citizens of An¬
derson District, in Fourth Regiment, to re-establish the posted road from
Moses Dean's to Yarennes;
On the report of the Committee on Roads, Bridges and Ferries, of the
House,
On the report of the Commissioners appointed to assess damages to Dr.
Tompkins, for injury to him by opening a road through his land; which
were ordered for consideration to-morrow.
The Senate proceeded to the
SPECIAL ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
A Bill to authorize the issue of Bonds or Stock for continuing the con¬
struction of the new State House.
The Special Order was discharged, and the same subject was made the
Special Order for half-past 12 o'clock, P. M., to-morrow.
On motion of Mr. BOYKIN, the Senate adjourned at fifteen minutes to
2 o'clock, P. M.
FRIDAY, JANUARY 11, 1861.
173
[CHARLESTON.]
FRIDAY, JANUARY 11, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
The PRESIDENT presented the report of the Clerk of the Senate, under
a resolution referring to an Ordinance concerning Citizenship, passed by the
State Convention ; which was ordered to be printed.
Mr. FURMAN presented the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee of
the House of Representatives,
On the account of Dr. W. J. David, for post mortem examination; which
was ordered for consideration to-morrow.
The House of Representatives returned to the Senate
A Bill to vest in certain persons all the right, title and interest of the
State, by escheat, in and to certain property. Certain amendments having
been made by the House of Representatives, on the third reading, they
were referred to the Committee on the Judiciary.
The House of Representatives also returned to the Senate
Resolutions relative to the correspondence between the Governor and
Major Anderson, in which it had concurred.
The House of Representatives sent to the Senate, for concurrence,
A resolution in relation to printing the Journal and Ordinances of the
State Convention; which was referred to the Committee on the Judiciary.
Mr. MARSHALL presented the report of the Committee on Military
and Pensions,
On the Annual Report of the Board of Visitors of the State Military
Academy; for the year 1860 ; also,
On a Bill to amend an Act to convert the Arsenal at Columbia, and the
Citadel and Magazine in and near Charleston, into a Military School; also,
On the report of the Military Committee of the House of Representatives,.
On so much of the Governor's Message as relates to the recording of the
Documents and Correspondence of the Palmetto Regiment, &c.; also,
On the House resolution, in relation to the placing the arms and muni¬
tions of war in the United States Arsenal in charge of the Board of Ord¬
nance ; which were ordered for consideration to-morrow.
The House of Representatives sent to the Senate
The report of the Special Committee of the York and Lancaster Delega¬
tions,
174
JOURNAL OF THE SENATE,
On the report of D. J. Rice, Indian Agent; which was referred to the
Committee on Finance and Banks ; also,
A Bill to amend and renew the charter of Grace Church, Charleston;
and also,
A Bill to incorporate the Due West Female College.
The Bills received the third reading, were agreed to, the titles were
changed to Acts, and they were returned to the House of Representatives.
The House of Representatives sent to the Senate
A Bill to provide a Patrol and Military Guard for the City of Charleston,
and for other purposes; which received the first reading, and was referred
to the Committee on Military and Pensions.
The House of Representatives also returned to the Senate
An Act to incorporate the West Point Mill Company; which was referred
to the Committee on Incorporations and Engrossed Acts.
The Senate proceeded to the
SPECIAL ORDER FOR HALF-PAST 12 O'CLOCK, P. M.
The report of the Committee on the new State House,
On the amendment, by the House of Representatives, to a Bill to pro¬
vide for the issue of Bonds or Stock for the construction of the new State
House.
The Special Order was discharged, and the Bill was placed in the Gen¬
eral Orders for to-morrow.
The Senate proceeded to the third reading of a Bill to alter and amend
the Tenth Section of the First Article of the Constitution of the State of
South Carolina.
Mr. CANNON moved that a call of the Senate be made, when the fol¬
lowing Senators answered to their names :
Messrs. Allen, Appleby, Barnes, Beaty, Blakeney, Boykin, Boyle, Can¬
non, Dantzler, DeLoach, Furman, Garlington, Hampton, Harrison, Hart,
Heyward, Hope, Irby, Keitt, Lesesne, Manning, Marshall, Mazyck,
McAliley, McCaw, Moses, E. G. Palmer, S. W. Palmer, Rhett, Roberds,
Sessions, Sharpe, Simpson, Ware, Watson, and Wilson.
Messrs. Alston and Wagner were announced to be absent on military
duty, Mr. Fickling to be sick, and Mr. Montgomery to have visited a
member of his family in the army.
On the question of agreeing to the Bill, the vote was as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Barnes, Beaty,
Blakeney, Boykin, Cannon, Dantzler, DeLoach, Hampton, Harrison, Hart,
Heyward, Hope, Irby, Keitt, Lesesne, Marshall, McAliley, McCaw, Moses?
FRIDAY, JANUARY 11, 1861.
175
E. (I. Palmer, Rhett, Roberds, Sessions, Sharpe, Simpson, Ware, Watson,
and Wilson.
Those who voted in the negative, are
Messrs. Boyle, Furman, Garlington, Manning, Mazyck, and S. W. Palmer.
In the affirmative, 31.
In the negative, 6.
Two-thirds of the whole representation in the Senate voting therefor,
the Bill was agreed to, and was returned to the House of Representatives.
The Senate proceeded to the Special Order for half-past 1 o'clock, P. M.
A Bill (Senate) to lend the name and credit of the State to the Green¬
ville and Columbia Railroad Company, in the readjustment of their debt.
The Bill having received the second reading, on the question of agreeing
to the Bill, the yeas and nays were ordered, and they are as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Barnes, Cannon, Dantz-
ler, Furman, Garlington, Hampton, Harrison, Heyward, Irby, Lesesne,
Marshall, McAliley, McCaw, Moses, E. Gr. Palmer, Rhett, Sessions, Sharpe,
Simpson, Ware, Watson, and Wilson.
Those who voted in the negative, are
Messrs. Appleby, Barker, Beaty, Blakeney, Boykin, Boyle, DeLoach, Hart,
Hope, Keitt, Manning, Mazyck, S. W. Palmer, and Roberds.
In the affirmative, 24.
In the negative, 14.
The Bill was, therefore, agreed to, and was ordered to be sent to the House
of Representatives.
Mr. SIMPSON submitted the report of the Committee on Incorporations
and Engrossed Acts,
On a Bill, from the House of Representatives, to incorporate certain so¬
cieties, associations and companies, and to renew and amend the charters
of others; and also, upon sundry petitions, praying incorporation, and re¬
newal or amendment of charters; also,
The report of the Committee on Incorporations and Engrossed Acts,
On a Bill, from the House of Representatives, to incorporate certain towns
and villages, and to renew and amend certain charters heretofore granted;
and also, upon sundry petitions, praying charters, and renewals and amend¬
ments thereof.
Mr. WARE submitted the report of the Committee on Incorporations and
Engrossed Acts,
On the petition of the Board of Trustees, for the incorporation of the
G-aillard School.
Mr. WATSON submitted the report of the Committee on Accouuts and
Vacant Offices, on the report of the Committee on Offices and Officers, of
the House,
176
JOURNAL OP THE SENATE,
On the petition of the citizens of Edgefield, for the appointment of a
Magistrate ; all of which were ordered for consideration to-morrow} and the
two first, with amendments, were ordered to be printed.
The Senate granted leave to Mr. Ware to withdraw from the files of the
Senate the account of Dr. A. D. Hoke, for post mortem examination.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on the Judiciary,
On a resolution providing Rules for the Senate in Executive Session;
and the unfavorable report of the same Committee,
On the petition of citizens of Cheraw and its vicinity, for an Act to stay
the collection of claims by law, until after 1st December, 1861; which were
agreed to.
The report of the Committee on Finance and Banks,
On the petition of Samuel Watson, sheriff of Sumter, was agreed to, and
was ordered to be sent to the House of Representatives for concurrence.
On motion of Mr. HARRISON, the Senate adjourned at half-past 2
o'clock, P. M.
[CHARLESTON.]
SATURDAY, JANUARY 12, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
The Committee on Federal Relations was discharged from the further
consideration of
A Bill to provide for the establishment of our Foreign Diplomacy.
Mr. SIMPSON presented the report of the Committee on Incorporations
and Engrossed Acts, on sundry petitions; and
A Bill, from the House of Representatives, to incorporate certain religious
and charitable societies, and societies for the advancement of education,
and to renew and amend the charters of others, heretofore granted.
Mr. MOSES presented the report of the Committee on the Judiciary,
and the resolution of the House, in relation to printing the Journal and
Ordinances of the Convention.
SATURDAY, JANUARY 12, 1861.
177
Mr. "WATSON presented the report of the Committee on Accounts and
Vacant Offices, on the report of the Committee on Offices and Officers, of
the House of Reprhsentatites,
On the appointment of certain local officers; all of which were ordered
for consideration to-morrow, and the first was ordered to he printed.
Mr. MARSHALL submitted the following preamble and resolution,
which were considered, and agreed to, and were sent to the House of
Representatives for concurrence:
Whereas this Legislature has learned of the secession of the States of
Florida, Alabama and Mississippi, from the late Federal Union, known as
the United States of America,
Be it, therefore, resolved, unanimously, That the Commonwealth of South
Carolina hails with lively satisfaction the withdrawal of these States from
the Federal Union, and that as a testimonial of her sympathy and co-opera¬
tion with these States, in the great cause of Southern rights and Southern
institutions, the Governor be, and he is hereby, requested to have fired a
salute of fifteen guns from the Citadel Square, for each seceding State,
whenever he shall have authentic information of the ratification of the
Ordinance of Secession by the said seceding States.
Resolved, unanimously, That a copy of these resolutions be transmitted
by the Governor of this Commonwealth to the Executive of the said
seceding States.
Mr. MOSES submitted the report of the Committee on the Judiciary, on
the amendments of the House of Representatives to a Bill to " vest in
certain persons all the right, title, and interest of the State, by escheat, in
and to certain property," and pursuant to the recommendations of the
Committee, a message was sent to the House of Representatives, asking
leave to restore the words, "with interest from 1st January, 1861," in sixth
line of the seventh, section, which had been added by the Senate on the
second reading, and had been stricken out by the House of Representatives
on the third reading.
The House of Representatives sent to the Senate a resolution for ap¬
pointing a Manager of Elections in York District; which was referred to
the Committee on Privileges and Elections.
And also the following:
Resolved, That in the present State of public affairs, it is expedient that
the January Session of the Court of Appeals should be postponed: that
the same should be resumed at such time as the Judges thereof shall direct.
Resolved, That it is inexpedient, that at the January Term of the Court
of Common Pleas and General Sessions for Charleston District, the Civil
23
178
JOURNAL OF TlIE SENATE,
Docket should be called, or any other than Session business be conducted
or disposed of.
The resolutions were considered, and concurred in, and were returned to
the House of Representatives.
The House of Representatives also sent to the Senate a resolution for post¬
poning the February Term of the Court of Equity for the Second Circuit;
which was ordered to lie on the table.
Also, the report of the Committee on. Foreign affairs,
On Messages Nos. 1 and 4 of the Governor; which was referred to the
Committee on Foreign Affairs.
Also, the report of the Committee on Claims,
On the account of J. G. Milnor & Co., for blankets furnished the Charles¬
ton jail; which was referred to the Committee on Claims and Grievances.
The House of Representatives sent to the Senate the following Bills,
which received the first reading, and were referred and disposed of as follows ;
A Bill to establish certain Roads, Bridges and Ferries, and to renew and
amend certain charters heretofore granted, was referred to the Committee on
Roads and Buildings.
A Bill to provide for the proper administration of the Admiralty and
Maritime Law in the State of South Carolina, and for other purposes, was
referred to the Committee on the Judiciary, and was ordered to be printed,
A Bill to provide for the maintenance of a Police Guard in the town of
Georgetown, was referred to the Committee on the Military.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
On motion of Mr. CANNON, the unfavorable report of the Committee on
Privileges and Elections,
On a Bill, from the House of Representatives, to alter and amend the law
in relation to the method of counting votes in all elections by the people, was
ordered to lie on the table, and the Bill was taken up for a second reading.
Mr. MOSES moved that the bill do lie on the table, which question was
ordered to be decided by yeas and nays, and they are as follows :
Those who voted in the affirmative, are
Messrs. Barker, Barnes, Blakeney, Boyle, DeLoach, Fickling, Hampton,
Harrison, Manning, Mazyck, McAliley, McKewn, Montgomery, Moses, E.
G. Palmer, and Simpson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Beaty, Boykin, Cannon, Dantz-
ler, Hart, Hope, Irby, Keitt, Lesesne, Marshall, MeCaw, Rhett, Roberds;
Sessions, Sharpe, Watson, and Wilson.
SATURDAY, JANUARY 12, 1861.
179
In the affirmative, 16.
In the negative, 17.
The motion, therefore, did not prevail.
On the question of agreeing to the Bill, the yeas and nays were also or¬
dered to be taken, and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Beaty, Boykin, Boyle, Cannon,
Dantzler, Harrison, Hart, Hope. Irby, Keitt, Lesesne, Marshall, McAliley,
McCaw, Rhett, Roberds,-Sessions, Sharpe, Watson, and Wilson.
Those who voted in the negative, are
Messrs. Barker, Barnes, Blakeney, DeLoach, Fickling, Hampton, Man¬
ning, Mazyck, McKewn, Montgomery, Moses, E. G. Palmer, and Simpson.
In the affirmative, 20.
In the negative, 13.
The Bill was, therefore, agreed to, and was sent to the House of Repre¬
sentatives.
Mr. ALLEN, who was absent when the vote was taken, was afterwards
allowed to record the vote he would have given if he had been present;
and on his name being called, the Senator voted in the affirmative.
The following were ordered to lie on the table :
The report of the Committee on Roads and Buildings, on the report of
the Committee on Roads, Bridges and Perries, of the House,
On the report of the Commissioners appointed to assess damages to D. C.
Tompkins, for injury to him by opening a road through his land;
The report of the Committee on Roads and Buildings, on the report of
the Committee on Roads, Bridges and Perries, of the House,
On the petition of the Commissioners of Roads, and other citizens of
Anderson District, in Fourth Regiment, to re-establish the posted road from
Moses Dean's to Varennes ;
The report of the Committee on Roads and Buildings,
On the petition of sundry citizens of St. John's, Berkeley, praying the
establishment of a new road.
On motion of Mr. LESESNE, the Senate reconsidered the vote on a
resolution, from the House of Representatives, for postponing the sitting of
the Court of Equity for the Second Circuit, and the resolution was con¬
curred in, and was returned to the House of Representatives.
The following Bills received the second reading, were agreed to, and
were ordered to be returned to the House of Representatives:
A Bill to incorporate the " Calhoun Guards ;"
A Bill to incorporate " Ninety-Six Church."
The following Committees were discharged from the further considera¬
tion of the following papers :
180
JOURNAL OF THE SENATE,
Committee on Incorporations and Engrossed Acts, from the petition of
the Board of Trustees, for the incorporation of Gaillard School ;
Committee on Claims and Grievances, from the memorial of Anthony
Hyde, praying compensation for services rendered, in relation to a claim by
the State against the Federal Government;
Committee on Privileges and Elections, from the petition of the Board
of Managers of Elections of Edgefield District, to change the mode of pro¬
cedure in elections;
Same Committee, from the Presentment of the Grand Jury, Fall Term,
1860, in relation to the elections for Lancaster District.
The following were concurred in, and were returned to the House of
Representatives:
Report of the Committee on Offices and Officers, on the petition of
sundry citizens of Edgefield District, praying the reappointment of a Mag¬
istrate.
Resolution relative to placing the arms and munitions of war in the
United States Arsenal in charge of the Board of Ordnance.
On motion of Mr. McALILEY, the unfavorable report of the Com¬
mittee on Finance and Banks,
On a Bill to repeal the laws against usury, was continued to the next
regular session of the Legislature.
Mr, MAZYCK offered an amendment to the resolution relative to mile¬
age ; which was ordered to be printed, and the resolution was passed over.
On motion of Mr. ALLEN, a Bill to authorize the issue of bonds or
stock for continuing the new State House, was made the Special Order for
Wednesday next, at 1 o'clock, P. M.
The following unfavorable reports were agreed to, and the reports of the
House of Representatives were rejected :
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts, on the report of the Medical Committee of the House of Repre¬
sentatives,
On the account of Dr. W. J. David, for post mortem examination; and
The unfavorable report of the Committee on the Lunatic Asylum and
Medical Accounts,
On the account of Dr. J. J. Burroughs, for post mortem examination.
The following reports were agreed to, and were ordered to be sent to the
House of Representatives for concurrence :
The report of the Committee on Claims and Grievances,
On the account of N. H. Flatman, for conveying prisoners to jail;
The report of the Committee on Military and Pensions,
MONDAY, JANUARY 14, 1861. 181
On the Annual Report of the Board of Visitors of the State Military
Academies.
The General Orders, with the exception of papers in the hands of the
printer, were disposed of.
On motion of Mr. WILSON, the Senate adjourned at half-past 2 o'clock,
P. M.
[CHARLESTON.]
MONDAY, JANUARY 14, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of Saturday.
The House of Representatives sent to tlie Senate
The report of the Committee on Education, upon the report of the Treas¬
urer of the South Carolina College; which was referred to the Committee
on the College, Education and Religion.
The House of Representatives also sent to the Senate the following Bills,
which severally received the first reading, and were referred and disposed
of as follows:
A Bill to increase the number of Commissioners of Roads for Kingston
Parish, and for other purposes, was referred to the Committee on Roads
and Buildings.
A Bill to provide for the appointment of an additional Magistrate at
Bessantsville, in All Saints' Parish, was referred to the Committee on the
Judiciary.
A Bill to repeal the Acts of incorporation of the town of Bluffton, was
referred to the Committee on Incorporations and Engrossed Acts.
The Senate granted leave to Mr. McKEWN to withdraw from the files
of the Senate the account of Dr. William Pettigrew, for post mortem
examination.
The House of Representatives sent to the Senate the following message;
which was referred to the Committee on Incorporations and Engrossed
Acts:
182
JOURNAL OF THE SENATE,
House oe Representatives, January 12,1861,
Mr. President, and Gentlemen of the Senate :
The House of Representatives respectfully informs your "body that the
Act entitled "An Act for the establishment of a Coast Police for the State
of South Carolina," is engrossed, and ready for ratification.
By order of the House,
JAMES SIMONS, Speaker.
The House of Representatives also returned to the Senate the following
Act:
An Act to amend an Act entitled " An Act to enlarge and extend the
powers of the Governor, and of the City Council of Charleston, over
Quarantine, and for other purposes," passed on the twentieth day of De¬
cember, in the year of our Lord one thousand eight hundred and thirty-
two ; and it was referred to the Committee on Incorporations and Engrossed
Acts.
Mr. McALILBY presented the following:
The report of the Committeemen Finance and Banks, on the report of
the Special Committee of the York and Lancaster Delegations,
On the account of Adam Ivey, Indian Agent;
The report of the Committee on Finance and Banks,
On the presentment of the Grand Jury for Marlboro' District, on granting
aid to railroads;
The report of the Committee on Finance and Banks, on the report of the
Committee of Ways and Means, of the House of Representatives,
On the disbursement of the Transient Poor Fund of Georgetown;
The report of the Committee on Finance and Banks, on the report of the
Special Committee of the York and Lancaster Delegations, and the report
of D. J. Rice, Indian Agent.
Mr. WARE presented the report of the Committee on Incorporations
and Engrossed Acts,
On the petition of the Town Council and sundry citizens of the town of
Newberry, praying an amendment of their charter; which was ordered for"
consideration to-morrow.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following Bills received the second reading, were agreed to, and weace
ordered to be returned to the House of Representatives :
A Bill to incorporate certain societies, associations and companies, and
to renew a$d amend the charters of others;
MONDAY, JANUARY 14, 1861.
188
A Bill to incorporate certain towns and villages, and to renew and
amend certain charters, heretofore granted;
A Bill to provide a patrol and military guard for the City of Charleston,
and for other purposes;
A Bill to provide for compensation to owners of property taken for pub¬
lic purposes.
Resolutions from the House of Representatives, in relation to-Foreign Af¬
fairs, were concurred in, and were returned to the House of Representatives.
Mr. SIMPSON presented the following report :
The Committee on Incorporations and Engrossed Acts, to whom was re¬
ferred a message from the House of Representatives, informing the Senate
that the Act entitled " An Act for the establishment of a Coast Police for
the State of South Carolina/' had been engrossed, and was ready for ratifica¬
tion, ask leave to report, That they have considered the same, and recom¬
mend that the House of Representatives be invited to attend in the Senate
Chamber, to-morrow, at 2 o'clock, P. M., and join in the ratification of said
Act.
The report was considered, and was agreed to, and a message was sent to
the House of Representatives, inviting that House to attend in the Senate
Chamber to-morrow, at 2 o'clock, P. M., for the purpose of ratifying the
said Act.
The Senate agreed to the report of the Committee on Accounts and Va¬
cant Offices, on the report of the Committee on Offices and Officers, of the
House of Representatives,
On sundry petitions for the appointment of District and Parish officers,
which recommends that Wm. L. Addy, Dr. Wm. W. Lowerman, Jeremiah
Hook, J. 0. B. Chaney, S. A. Caughman, Dr. E. S. J. Hayes, Wm. M. Gibbes,
J. David Geiger, Jacob Geiger, Sr., Job F. Wingard, John It. Shuler, William
Summer, be appointed as Commissioners of Free Schools for Lexington Dis¬
trict; and pursuant thereto, a message was sent to the House of Represen¬
tatives, asking leave to amend the report accordingly.
The General Orders, with the exception of papers in the hands of the
printer, were disposed of.
SPECIAL ORDER FOR 2 O'CLOCK, P. M.
The report of the Committee on Finance and Banks;
On a Bill, from the House of Representatives, to afford aid in the con¬
struction of the Georgetown Railroad, was discharged, and the same subject
was made the Special Order of the day for to-morrow, at half-past 1 o'clock,
P. M.
On motion of Mr. SESSIONS, the Senate adjourned at fifteen* minutes
past 2 o'clock, P. M.
184
JOURNAL OF THE SENATE,
[CHARLESTON.]
TUESDAY, JANUARY 15, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives sent to the Senate
The report of the Committee on the Military,
' On the report of the Board of Visitors of the Military Academies, for
1860;
The report of the same Committee,
On so much of the Governor's Message as relates to the John Brown
pike, presented by Edmund Ruffin, Esq., of Virginia; which were referred
to the Committee on Military and Pensions.
The report of the Committee on Claims,
On the petition of William L. Bronson, to increase the amount assessed
by Commissioners as damages sustained by him by opening a new road
through his land, in 1857; which was referred to the Committee on Claims
and Grievances.
The House of Representatives returned to the Senate
A Bill to amend and renew the charter of Grace Church, Charleston,
which had been twice read in each House. The Bill was ordered to lie .on
the table.
The House of Representatives returned to the Senate the following Bills,
which had received two readings in the Senate, and two readings in the
House of Representatives :
A Bill to authorize the formation of a new Volunteer Company of In¬
fantry within the limits of the Twenty-Sixth Regiment of South Carolina
Militia, to be called the Chester Rifles, and to incorporate the same;
A Bill to declare a certain portion of Four Holes Creek a navigable stream.
The Bills received the third reading, and were passed; the titles were
changed to Acts, and they were returned to the House of Representatives.
The House of Representatives also sent to the Senate the following Bills,
which received the first reading, and were referred and disposed of as
follows:
A Bill to incorporate the Presbyterian Church of Yorkville, was referred
to the Committee on Incorporations and Engrossed Acts;
A Bill to alter and amend the charter of the Hamburg and Edgefield
Plank Road Company, was referred to the same Committee;
TUESDAY, JANUARY 15, 1861.
185
A Bill to incorporate the Wee Nee Riflemen, was referred to the Com¬
mittee on Military and Pensions.
A Bill to authorize the formation of a Yolunteer Company of Riflemen
within the limits of the Seventh Regiment, South Carolina Militia, and to
incorporate the same, was referred to the same Committee;
A Bill to repeal certain Acts in relation to the Registration of Births,
Marriages and Deaths in the State of South Carolina, was referred to the
Committee on the Lunatic Asylum and Medical Accounts.
A Bill to alter and amend an Act entitled "An Act to make malicious
trespasses indictable," was referred to the Committee on the Judiciary;
A Bill to amend the law in relation to house burning, was referred to
the same Committe;
A Bill to repeal an Act entitled " An Act to require and regulate the
granting of licenses to itinerant salesmen and travelling agents," was
referred to the same Committee.
The House of Representatives returned to the Senate
The report of the Committee on Privileges and Elections, in which it had
concurred,
On the petition of sundry citizens of Laurens District, praying the estab¬
lishment of an additional election precinct in said District.
Mr. SIMPSON submitted the report of the Committee on Incorpora¬
tions and Engrossed Acts,
On a Bill, from the House of Representatives, to alter and amend the
charter of the town of Anderson in certain particulars; and also, upon a
petition of sundry citizens of the town of Anderson, opposing change of
said charter; and also,
On a^Bill, from the House of Representatives, to incorporate the York
Gas Light Company.
Mr. MARSHALL presented the report of the Committee on Military
and Pensions,
On a Bill to provide for the maintenance of a Police Guard in the town
of Georgetown.
Mr. McALILEY presented the report of the Committee on Finance and
Banks,
On the petition of the Blue Ridge Railroad Company, asking that pro¬
vision be made for the payment of the interest on the Bonds issued under
the Act of 1859 ; and also,
On the report of the Committee of Ways and Means, on the same sub¬
ject-matter.
Mr. HARRISON presented the report of the Committee on Claims and
Grievances, on the report of the Committee on Claims, of the House,
24
186
JOURNAL OF THE SENATE,
On Message No. 3, of Lis Excellency, G-overnor Gist, relating to the re¬
port of James A. Black, Agent of the StMe ; also,
The report of the same Committee,
On the account of David Lopez, for fitting up the Senate Chamber, in
Charleston ; also,
The report of the same Committee, on the report of the Committee on
Claims, of the House of Representatives,
On the account of J. G. Milnor & Co., for blankets furnished the Charles¬
ton jail.
Mr. FICKLING presented the report of the Committee on Privileges
and Elections,
On resolutions, from the House of Representatives, and on a report of
the Committee on Privileges and Elections of the House of Representa¬
tives, as to the establishment of new election precincts, and the appoint¬
ment of Managers of Elections in several Districts; also,
The report of the Committee on the Judiciary,
On the petition of Richard Williams and wife, et al., praying compensa¬
tion for property escheated and granted by the State; all of which were
ordered for consideration to-morrow.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on the Judiciary,
On a resolution, from the House of Representatives, in relation to print¬
ing Journals and Ordinances of the Convention, was agreed to; and pur¬
suant thereto, a message was sent to the House of Representatives, asking
leave to amend the resolution as follows :
After the words " of the," in the first line, insert the words, "Act pro¬
viding for the call of a Convention of the people of this State and of the."
A Bill to incorporate certain religious and charitable societies, .and so-
cities for the advancement of education, and to renew and amend the
charters of others, heretofore granted, received the second reading, was
agreed to, and was returned to the House of Representatives.
The Committee on Finance and Banks was discharged from the further
consideration of the presentment of the Grand Jury for Marlboro' District,
in granting aid to railroads; and
The Committee on Incorporations and Engrossed Acts, from the petition
of the Town Council and sundry citizens of the town of Newberry, praying
an amendment of their charter.
The following reports were concurred in, and were returned to the House
of Representatives:
TUESDAY, JANUARY 15, 1861.
187
The report of the Committee of Ways and Means,
On a Return of the Disbursement of the Transient Poor Fund for George¬
town ;
The report of the Special Committee of the York and Lancaster Delega¬
tions,
On the account of Adam Ivey, former Agent, for services rendered the
Catawba Indians;
The report of the Special Committee, consisting of the York and Lan¬
caster delegations,
On the report of D. J. Rice, Indian Agent.
The General Orders we're disposed of.
The following message was received from the House of Representatives:
House of Representatives, January 15,1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully asks leave of your body to amend the resolu¬
tions of Senate, on the subject of the secession of the States of Florida,
Alabama and Mississippi, by striking out all after the preamble, and insert¬
ing the following:
"Resolved, That the Legislature of South Carolina receives with proud
gratification the information of the withdrawal of the States of Florida,
Alabama and Mississippi, from the Federal Union, and that his Excellency
the Governor be requested to express to the Executives of these respectiye
States the congratulations of South Carolina upon their action."
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and returned a message accordingly.
The following message was also received from the House of Representa¬
tives :
House of Representatives, January 15,1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to restore to "A Bill
to vest in certain persons all the right, title and interest of the State, by
escheat, in and to certain property," the words, "with interest from 1st
January, 1861," in sixth line of seventh section, which words were added
by Senate on second reading, and were stricken out by this House on the
third reading.
By order of the House,
JAMES SIMONS, Speaker.
188
JOURNAL OF THE SENATE,
The Bill was then taken up, and amended accordingly; and the third
reading having been concluded, it was passed; the title was changed to an
Act, and it was returned to the House of Representatives.
The following message was also received from the House of Representa¬
tives :
House of Representatives, January 15, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to amend the report of
the Committee of this House on Offices and Officers, on sundry petitions
for the appointment of District and Parish Officers, by adding, "Dr. Wm.
L. Addy, Dr. Wm. W. Lowerman, Jeremiah Hook, J. O. B. Chaney, S. E.
Caughman, Dr. E. S. J. Hayes, Wm. M. Gribbes, J. David G-eiger, Jacob
G-eiger, Sr., Job F. Wingard, John R. Shuler, Wm. Summer, as Commis¬
sioners of Free Schools for Lexington District."
By order of the House,
JAMES SIMONS, Speaker,
The report was amended accordingly.
The following message was also received from the House of Representa¬
tives :
House of Representatives, January 15, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully accepts the invitation of your body to attend in
the Senate Chamber, at 2 o'clock, P. M., this day, and join in the ratifica¬
tion of an Act entitled "An Act for the establishment of a Coast Police
for the State of South Carolina."
By order of the House,
JAMES SIMONS, Speaker.
The Senate proceeded to the
SPECIAL ORDER FOR HALF-PAST 1 O'CLOCK, P. M.
The report of the Committee on Finance and Banks,
On a Bill, from the House of Representatives, to afford aid in the con¬
struction of the Georgetown Railroad.
The report was ordered to lie on the table, and the Bill was taken up for
a second reading; and, having been read, it was agreed to, and was returned
to the House of Representatives.
Mr. RHETT submitted the report of the Committee on the College,
Education and Religion, on the report of the Committee on Education, of
the House of Representatives,
WEDNESDAY, JANUARY 16, 1861.
189
On the report of the Treasurer of the South Carolina College.
The report was ordered for immediate consideration, and the House
report was concurred in, and was returned.
The following message was received from the House of Representatives,
and was ordered to lie on the table :
House oe Representatives, January 15, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully asks leave of your body to amend the report of
the Committee of the Senate, on the Lunatic Asylum and Medical Ac¬
counts, by striking out all of the third paragraph, after the word " Lunatic,"
and inserting the following: " But your Committee do not concur in the
opinion, as expressed in said report, and, consequently, do not concur in
recommending an increase of compensation for pauper patients."
By order of the House,
JAMES SIMONS, Speaker.
Mr. TICKLING-gave notice that to-morrow he will ask leave to introduce
A Bill to amend an Act to appoint escheators, and to regulate escheats.
At 2 o'clock, P. M., pursuant to previous orders, the Speaker and Mem¬
bers of the House of Representatives attended in the Senate Chamber,
when the following Act was duly ratified in the presence of the members of
both branches of the General Assembly, viz.:
An Act entitled "An Act for the establishment of a Coast Police for the
State of South Carolina."
On motion of Mr. APPLEBY, the Senate adjourned at ten minutes past
2 o'clock, P. M.
[CHARLESTON.]
WEDNESDAY, JANUARY 16, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
Mr. CANNON submitted the report of the Committee on Roads and
Buildings, on the report of the Committee on Roads, Bridges and Ferries,
of the House,
190
JOURNAL OF THE SENATE,
On a Bill to increase the number of Commissioners of Roads for Kings¬
ton Parish; also,
On the petition of citizens of York District, praying for the opening of a
road from the residence of Joseph McCosh to G-affney's Ferry, on Broad
River; also,
On the petition of citizens of York District, praying for the opening of a
road from the residence of Francis Moore to the North Carolina State line.
Mr. SIMPSON submitted the report of the Committee on Incorporations
and Engrossed Acts,
On a Bill, from the House of Representatives, to alter and amend the
charter of the Hamburg and Edgefield Plank Road Company; also,
On the petition of sundry citizens of Bluffton, praying repeal of town
charter; on a counter petition on the same subject; and also, a Bill, from
the House of Representatives, to repeal the Acts of Incorporation of the
town of Bluffton.
Mr. MOSES submitted the report of the Committee on the Judiciary,
On a Bill to amend the law in relation to house burning; also,
On a Bill to alter and amend an Act entitled " An Act to make malicious
trespasses indictable."
Mr. WARE submitted-ihe report of the Committee on Incorporations
and Engrossed Acts,
On a Bill to incorporate the Presbyterian Church of Yorkville; and on 1
the report of the Committee of the House, on the same.
Mr. LESESNE submitted the report of the Committee on the Judiciary,
On a Bill, from the House of Representatives, " to provide for the
proper administration of the Admiralty and Maritime Law in the State of
South Carolina, and for other purposes," all of which were ordered for con¬
sideration to-morrow, and the last report was ordered to be printed.
The House of Representatives sent to the Senate
A Bill to make appropriations for the year commencing in October, one
thousand eight hundred and sixty; which received the first reading, and
was referred to the Committee on Finance and Banks, and was ordered to
be printed;- also,
A Bill to amend an Act entitled " An Act to afford increased facilities
for'the administration of justice in Charleston District;" which received
the first reading, and was referred to the Committee on the Judiciary; also,
A Bill to incorporate certain towns and villages, and to renew and
amend certain charters, heretofore granted.
This Bill had been twice read in the Senate, and three times in.the
House of Representatives. The Senate proceeded to the third reading.
The Senate, on second reading, had stricken out the third section, as follows :
WEDNESDAY, JANUARY 16, 1861.
191
" That the charter of the Town ftf Barnwell he, and the same is hereby, so
amended as to extend the limits of the said town to one mile in each and
every direction from the Court House, now standing in said town;" which
the House of Representatives, on the third reading, had restored. A mes¬
sage was sent to the House of Representatives, asking leave to strike out
the section.
Before the reading had been concluded, the private secretary of the
Governor appeared in the Senate Chamber, with communications from the
Governor. • The Senate then resolved itself into Executive Session, and the
doors were closed. In this session, Mr. HAMPTON submitted the Report
of the Committee on Foreign Affairs, on a resolution, from the House of
Representatives, relative to Message No. 4 from the Governor. The report
having been ordered for immediate consideration, the resolutions of the
House were concurred in, and were returned to the House of Representa¬
tives. The following is the resolution :
Resolved, That this General Assembly fully endorses the action and course
of his Excellency, the Governor of the State, in regard to the occupation of
the forts and arsenal, lately in possession of the United States, and tenders^
to him our hearty support in the present crisis.
At a quarter-past 2 o'clock, P. M., the Executive Session terminated,
and the regular session was resumed.
On motion of Mr. MOSES, the Senate reconsidered the vote whereby a
message was ordered to the House of Representatives, yesterday, asking
leave to amend a resolution of the House of Representatives, providing for
printing the Journal and Ordinances of the Convention.
The resolution was placed in the General Orders of the day.
On motion of Mr. MOSES, the report of the Committee on Offices and
Officers, of the House of Representatives, appointing certain local and dis¬
trict officers, was ordered to be placed on the Clerk's desk, for the inspec¬
tion of Senators, and to be made the Special Order of the day for Friday
next, at 1 o'clock, P. M.
The Senate proceeded to the
SPECIAL ORDER FOR 1 O'CLOCK, P. M.
A Bill to authorize the issue of Bonds or Stock for continuing the con¬
struction of the new State House.
On the second reading in the Senate, the Bill had been amended, by
striking out " Ninety Thousand Dollars," and inserting " Sixty Thousand
Dollars," in the twelfth line of the fourth section, providing for the amount
to be advanced by the Bank of the State.
192
JOURNAL OF THE SENATE,
On the third reading in the House of Representatives, the amendment of
the Senate was stricken out, and the word "Ninety" had been restored.
Mr. RHETT moved that a message be sent to the House of Representa¬
tives, asking leave to restore the amendment of the Senate.
The question was ordered to be decided by yeas and nays; an,d they are
as follows:
Those who voted in the affirmative, are
Messrs. Allen, Beaty, Cannon, Harrison, Heyward, Hope, Johnson,
Manning, Marshall, Montgomery, E. G. Palmer, Rhett, Sessions, Sharpe,
Watson, and Wilson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Barker, Barnes, Blakeney,
Boykin, Boyle, Bryan, Bull, DeLoach, Fickling, Hampton, Irby, Lesesne,
McAliley, McCaw, McKewn, Moses, S. W. Palmer, Simpson, and Ware.
In the affirmative, 16.
In the negative, 20.
The motion, therefore, did not prevail.
The amendment was agreed to.
The second reading of the Bill was concluded, and the Bill was agreed
to, and was returned to the House of Representatives.
On motion of Mr. MOSES, the Senate adjourned at 3 o'clock, P. M.
[CHARLESTON.]
THURSDAY, JANUARY 17, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
Mr. DeLOACH offered the following resolution, which was considered,
and agreed to, and was sent to the House of Representatives for concur¬
rence :
Resolved, That this General Assembly will adjourn, sine die, on Thurs¬
day, the 24th inst., at 12 o'clock, M.
The following message was received from the House of Representatives :
THURSDAY, JANUARY 10, 1861.
193
House of Representatives, January 17, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to strike out the third
section of a Bill entitled "A Bill to incorporate certain towns and villages,
and to renew and amend certain charters, heretofore granted," to wit:
" That the charter of the town of Barnwell he, and the same is hereby, so
amended as to extend the limits of the said town to one mile in each and
every direction from the Court House now standing in said town which
section was stricken out by the Senate on the second reading, and restored
by this House on the third reading.
•By order of the House,
S. McGOWAN, Speaker, pro tem.
The Bill was amended accordingly, and received the third reading; was
passed; the title was changed to an Act, and it was returned to the House
of Representatives.
Mr. McKEWN presented the account of Dr. Pettigrew, for a post mor¬
tem examination; which was referred to the Committee on the Lunatic
Asylum and Medical Accounts.
Mr. APPLEBY submitted the report of the Committee on Commerce,
Manufactures, and the Mechanic Arts, on the report of the House Commit¬
tee on Commerce and Manufactures,
On the resolution relative to the dredging and deepening of the Sullivan's
Island or Maffit Channel; which was ordered for consideration to-morrow..
Mr. MARSHALL submitted the report of the Committee on Military
and Pensions,
On so much of Message No. 8, of his Excellency the Governor, as relates
to the Regiment of Enlisted Men, and the call for a Battalion of Artillery.
The same Committtee also reported
A Bill creating a Military Establishment for the Commonwealth of South
Carolina, and for other purposes; the Bill received the first reading, and
was ordered for a second reading to-morrow, and to be printed.
The following message was received from the House of Representatives:
House of Representatives, January 17, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully asks of your body the appointment of a Commit¬
tee, to act jointly with a Committee of this House, consisting of Messrs.
Weston, Lowndes, Rhett, Ryan, J. H. Williams, Wallace and Bookter, to
25
194
JOURNAL OF THE SENATE,
consider and report upon the Flag or Ensign proper to be borne as the Na¬
tional Flag or Ensign of South Carolina.
By order of the House,
S. McGQWAN, SpeaJcer, pro tem.
The Senate concurred, Messrs. Moses, Dantzler, Hampton, Lesesne and
Manning were appointed the Committee, and a message was returned
accordingly.
The House of Representatives sent to the Senate
A Bill to incorporate certain societies, associations and companies, and to
renew and amend the charters of others.
The Bill was ordered to lie on the table.
Mr. MARSHALL gave notice of his intention to move, to-morrow, for
the suspension of Rule 26, in relation to this Bill; and he also gave notice
that, on the third reading, he will move to amend the Bill, by striking out
" Chester Rifles," and inserting " Chester Blues;" and striking out " Wee
Nee Rifles," and inserting " Wee Ne'e Riflemen."
The House of Representatives sent to the Senate the following Bills,
which had received three readings in the House of Representatives, and
two readings in the Senate :
A Bill to provide a Patrol and Military Guard for the City of Charleston,
and for other purposes ;
A Bill to incorporate "Ninety-Six Church
A Bill to alter and amend the law in relation to the method of counting
votes in all elections by the people ;
A Bill to afford aid in the construction of the Georgetown Railroad;
A Bill to incorporate the " Calhoun Guards ;"
A Bill to provide for compensation to owners of property taken for public
purposes.
The Bills received the third reading, and were passed; the titles we^e
changed to Acts, and they were returned to the House of Representatives.
The House of Representatives sent to the Senate
A Bill to extend relief to Debtors; which received the first reading, and
was referred to the Committee on the Judiciary, and was ordered to be
printed.
The House of Representatives returned to the Senate
A Bill (Senate) to lend the credit of the State to the Greenville and
Columbia Railroad Company, in the readjustment of their debt.
The Bill received the third reading, was agreed to, the title was changed
to an Act, and it was returned to the House of Representatives; also,
Resolutions for discontinuing an election precint in Barnwell District,
THURSDAY, JANUARY 17, 1861.
195
and establishing one in Greenville District; which were referred to the
Committee offi Privileges and Elections; also,
A resolution in relation to volunteering under the provision of the late
Convention; which were referred to the Committee on Military and Pen¬
sions.
The House of Representatives also returned to the Senate
A resolution in relation to the recognition by this State of the secession
of Southern States; in which it had concurred.
The House of Representatives also returned to the Senate
A Bill to establish a Military Corps of Engineers; which had received
two readings in the Senate, and two readings in the House of Representa¬
tives. Having been amended in that House on the second reading, the
amendments were referred to the Committee on Military and Pensions.
Mr. WILSON submitted the report of the Committee on Commerce,
Manufactures and the Mechanic Arts, to whom was referred
A Bill, from the House of Representatives, to repeal an Act entitled ' 'An
Act to require and regulate the granting of licenses to itinerant salesmen
and travelling agents."
Mr. HARRISON submitted the report of the Committee on Claims and
Grievances, on the report of the Committee on Claims, of the House,
On the petition of William L. Bronson, to increase the amount assessed
by Commissioners as damages sustained by him, by opening a new road
through his land, in 1857 ; which were ordered for consideration to-morrow.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The report of the Committee on Military and Pensions,
On a Bill, from the House of Representatives, to amend an Act to convert
the Arsenal at Columbia, and the Citadel and Magazine in and near Charles¬
ton, into a Military School, being under consideration, the Senate proceeded
with the second reading of the Bill.
Mr. APPLEBY moved that the Bill do lie on the table, which question
was ordered to be decided by yeas and nays, and they are as follows:
Those who voted in the affirmative, are
Messrs. Allen", Appleby, Beaty, Blakeney, Bull, Cannon, Hart, Hope,
Irby, Keitt, Manning, McAliley, McCaw, Moses, Sessions, and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Barker, Barnes, Boykin, Boyle,
Dantzler, DeLoach, Fickling, Hampton, Harrison, Heyward, Johnson,
Lesesne, Marshall, McKewn, Montgomery, S. W. Palmer, E. G. Palmer,
Rhett, Roberds, Sharpe, Simpson, Wagner, Ware, and Wilson.
196
JOURNAL OF THE SENATE,
In the affirmative, 16.
In the negative, 25.
The motion, therefore, did not prevail.
The Bill received the second reading, was agreed to, and was ordered to
be returned to the House of Representatives.
The Committee on Finance and Banks was discharged from the further
consideration of the presentment of the Grand Jury for Marlboro' District,
on granting aid to railroads ; and
The Committee on Incorporations and Engrossed Acts, from the petition
of the Town Council and sundry citizens of the tcwn of Newberry, praying
an amendment of their charter.
The following Bill received the second reading, was agreed to, and was
returned to the House of Representatives: ^
A Bill to provide for the maintenance of a Police Guard in the town of
Georgetown.
The report of the Committee on Claims and Grievances, on the report of
the Committee on Claims, of the House of Representatives,
On so much of Message No. 3, of His Excellency, Governor Gist, as
relates to the report of James A. Black, Agent of the State, was agreed to;
and, pursuant thereto, a message was sent to the House of Representatives,
asking leave to strike out so much of the report as recommends the pay¬
ment of $500 additional to the said J. A. Black.
The report of the Committee on Incorporations and Engrossed Acts,
On a Bill, from the House of Representatives, to incorporate the York
Gas Light Company, was Agreed to; and, pursuant to the recommendation
of the Committee, the Bill was ordered to lie on the table.
The unfavorable report of the same Committee,
On a Bill, from the House of Representatives, to alter and amend the
charter of the town of Anderson in certain particulars, was agreed to, and
the Bill was rejected.
At 3 o'clock, P. M., on motion of Mr. ALLEN, the Senate went into
Executive Session, and so remained until twenty minutes to 4 o'clock, P.
M., when the usual session was resumed, and
On motion of Mr. HOPE, the Senate adjourned.
FRIDAY, JANUARY 18, 1861.
197
[CHARLESTON.]
FRIDAY, JANUARY 18, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
A message was received from the House, of Representatives, delivered
orally by the Clerk, informing the Senate that, in consequence of the ill¬
ness of the Hon. James Simons, Speaker, the Hon. R. B. Boylston had
been elected Speaker, pro tern.
Mr. MOSES offered the, following resolutions, which were considered,
and were agreed to :
Whereas, 'a negro, belonging to Mrs. Edward B. Davis, of Clarendon
District, who, with others, was sent to the service of the State, was ac¬
cidentally killed while at work at Fort Moultrie; and whereas,,the loss
should be borne by the State, and not by the owner, who was induced,
from patriotic considerations, to place her slaves at its disposal,
. Resolved, That it be referred to the Committee on Claims, to inquire and
report what compensation should be made the owner for the said loss.
Resolved, That it be referred to the Committee on Finance and Banks,
to inquire and report whether it is not proper and expedient, with a view
to prevent an increase of the general taxes, that Treasury notes, or scrip,
should be issued; for the redemption of which, the faith of the State shall
be pledged.
Mr. MOSES subntitted the report of the Committee on the Judiciary,
On a Bill to amend an Act entitled " An Act to afford increased facil¬
ities for the administration of justice in Charleston District."
Mr. FURMAN submitted the report of the Committee on Conference,
On the accounts of Drs. Powell & Templeton.
Mr. APPLEBY submitted the report of the Committee on the Lunatic
Asylum and Medical Accounts,
On the account of Dr. William Pettigrew, for post mortem examination;
all of which were ordered for consideration to-morrow.
Mr. McALILEY submitted the report of the Committee on Finance andx
Banks,
On a Bill, from the House of Representatives, to make appropriations for
the year commencing October, eighteen hundred and sixty; which was or¬
dered for consideration to-morrow; also,
198
JOURNAL OF THE SENATE,
The report of the same Committee,
On the interest on bonds issued in 1859, in aid of the Blue Ridge Rail¬
road Company; which was made the Special Order for to-morrow, at 1
o'clock, P. M., and the report was ordered to be printed.
Mr. MARSHALL submitted the report of the Committee on Military
and Pensions, on the amendments by the House of Representatives to
A Bill to establish a Military Corps of Engineers.
The amendments were agreed to, and the title of the Bill was changed,
so as to read,
A Bill to establish a Corps of Military Engineers.
The Bill received the third reading, and was agreed' to; the title was
changed to an Act, and it was returned to the House of Representatives.
Mr. MARSHALL also submitted the report of the same Committee,
On resolutions, from the House of Representatives, relative to volun¬
teers under the Ordinance of the Convention; which was made the Special
Order for to-morrow, at half-past 1 o'clock, P. M., and the report and res¬
olutions were ordered to be printed.
Mr. CANNON submitted the report of the Committee on Roads and
Buildings*
On a Bill, from the House of Representatives, to establish certain roads,
bridges and ferries, and to renew and amend certain charters, heretofore
granted; which was ordered for consideration to-morrow.
The House of Representatives sent to the Senate
A Bill to incorporate the village of Ninety-Six; which received the first
reading, and was referred to the Committee on Incorporations and Engrossed
Acts.
The House of Representatives returned to the Senate the following Acts,
and they were referred to the Committee on Incorporations and Engrossed
Acts:
An Act to declare a certain portion of Four Holes Creek a navigable
stream;
An Act to lend the name and credit of the State to the Gfreenville and
Columbia Railroad Company, in the readjustment of their debt;
An Act to authorize the formation of a new volunteer company of In¬
fantry within the limits of the Twenty-Sixth Regiment of South Carolina
Militia, to be called the Chester Rifles, and to incorporate the same.
Mr. LESESNE gave notice that to-morrow he will ask leave to introduce
A Bill to incorporate the Shoe and Leather Manufacturing Company.
Mr. LESESNE also presented the memorial of the merchants and others,
citizens of Charleston, against the passage of a stay law; which was referred
to the Committee on the Judiciary.
FRIDAY, JANUARY 18, 1861.
199
Mr. WILSON presented the petition of the Waccamaw Light Artillery,
praying an Act of Incorporation ; which was referred to the Committee on
Military and Pensions.
Mr. LESESNE presented the account of the Clerk of the Senate, for
stationery and other expenses incident to the removal of the Legislature to
Charleston; which was referred to the Committee on Claims and Grievances.
The House of Representatives sent to the Senate
The report of the Committee on Claims,
On the petition of certain citizens of Pickens District, praying that John
Calvin McDaniel be placed on the pension list of this State.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY,
And considered resolutions relative to mileage.
Mr. PICKLING offered the following amendment to the amendment:
The following shall be the basis on which members shall receive mileage:
From the commencement of the regular session of the Legislature to its
next adjournment, inclusive; that is to say, first, mileage from home to
Columbia; second, from Columbia to Charleston; third, from Charleston
home; fourth, from home to Charleston, and back again. That if any mem¬
ber has received more than this amount, the excess shall be deducted from
his per diem allowance ; and, if less, the difference shall be paid to him.
Mr. RHETT moved that the amendment and amendment to the amend¬
ment do lie on the table; which question was ordered to be decided by yeas
and nays, and they are as follows :
Those who voted in the affirmative, are
Messrs. Allen, Beaty, Blakeney, DeLoach, Furman, Heyward, Irby, S.
W. Palmer, Rhett, Roberds, Sessions, Sharpe, Ware and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Appleby, Barker, Barnes, Boy-
kin, Bull, Cannon, Dantzler, Fickling, Hampton, Harrison, Hart, Hope,
Johnson, Keitt, Lesesne, Manning, Marshall, Mazyck, McAliley, McCaw,
McKewn, Montgomery, Moses, E. G. Palmer, Simpson, Wagner and Wilson.
In the affirmative, 14.
In the negative, 28.
The motion, therefore, did not prevail.
The amendment and resolution, as amended, were then agreed to, and
were ordered to be sent to the House of Representatives for concurrence.
The following Bills received the second reading, were agreed to, and were
returned to the House of Representatives:
200
JOURNAL OF THE SENATE,
A Bill to repeal the Act of Incorporation of the town of Bluffton ;
A Bill to increase the number of Commissioners of Roads for Kingston
Parish, and for other purposes;
A Bill to alter and amend the charter of the Hamburg and Edgefield
Plank Road Company;
A Bill to incorporate the Presbyterian Church of Yorkville;
A Bill to alter and amend an Act entitled " An Act to make malicious
• trespasses indictable;"
A Bill to amend the Law in relation to house burning.
The Committee on the Judiciary was discharged from the further con¬
sideration of the petition of Richard Williams and wife, et al., praying
compensation for property escheated and granted by the State.
The report of the Committee on Claims,
On the petition of William L. Bronson, to increase the amount assessed
by Commissioners as damages sustained by him, by opening a new road
through his land, in 1857.
The report of the Committee on the Judiciary,
On a Bill, from the House of Representatives, u To provide for the
proper administration of the Admiralty and Maritime Law in the State of
South Carolina, and for other purposes," was, on motion of Mr. MOSES,
made the Special Order for to-morrow, at half-past 12 o'clock, P. M.
The following resolutions were concurred in, and were returned to the
House of Representatives:
As to the appointment of a manager of elections in York District;
To establish precincts of election in Barnwell District;
As to the establishment of a new Election Precinct in the District of
Barnwell, and to substitute a Manager in the Parish of St. Mathews :
As to the establishment of new Election Precincts in Barnwell District;
and
Relative to the appointment of' a Manager of Elections at the Election
Precinct known as Woodruff's Precinct, in Spartanburg District; and also,
The report of the Committee on Privileges and Elections, of the House
of Representatives,
On the petition of sundry citizens of Edgefield District, praying the es¬
tablishment of a new Election Precinct at Yaucluse.
The report of the Committee on Finance and Banks,
On the petition of the Blue Ridge Railroad Company, asking that pro¬
vision be made for the payment of the interest on the Bonds issued under
the Act of 1859 ; and also,
On the report of the Committee of Ways and Means,
On the same subject-matter; was ordered to be considered with the Ap¬
propriation Bill.
FRIDAY, JANUARY 18, 1861.
201
A Bill to incorporate certain religious and charitable societies, and socie¬
ties for tbe advancement of education, and to renew and amend the charters
of others, heretofore granted, received the third reading, was passed, the
title was changed to an Act, and it was returned to the House of Repre¬
sentatives.
On motion of Mr. CANNON, the report of the Committee on the
Judiciary,
On a resolution of the House of Representatives in relation to printing
the Journal and Ordinances of the Convention, was continued to the next
regular sitting of the Legislature.
The reports of the Committee on Roads and Buildings, on the report of
the Committee on Roads, Bridges and Ferries, of the House of Representa¬
tives,
On the petition of citizens of York District, praying for the opening of
a road from the residence of -Joseph McCosh to G-affney's Ferry, on Broad
River;
On the petition of citizens of York District, praying for the opening of
a road from the residence of Francis Moore to the North Carolina State
line; were agreed to, and the petitions were, consequently, rejected.
The report of the Committee on Claims and Grievances,
On the account of David Lopez, for work in fitting up the Senate Cham¬
ber, in Charleston, was agreed to, and was sent to the House of Represen¬
tatives for concurrence.
The General Orders were disposed of.
Mr. MARSHALL moved that a Bill to incorporate certain societies and
companies, and to renew and amend the charters of others, be taken from
the table, which was ordered.
Pursuant to notice, Mr. MARSHALL offered the following:
Resolved, That the Twenty-Sixth Rule of the Senate, prohibiting
amendments from being made to Bills on the third reading, be suspended
in relation to a Bill to incorporate certain societies, associations and com¬
panies, and to renew and amend the charters of others.
The resolution was agreed to.
A message was sent to the House of Representatives, asking leave to
amend the Bill, by striking out, in the seventh line of the first section, the
word "Rifles," after the word "Chester," and inserting the word "Blues;"
and by striking out, in the eighth line, the word " Rifles," after "Wee Nee,"
and'inserting the word "Riflemen."
26
202
JOURNAL OP THE SENATE,
THE SPECIAL ORDER FOR 1 O'CLOCK, P. M.,
The report of the Committee on Offices and Officers, of the House of
Representatives, appointing Magistrates, &c., was discharged, and the same
subject was made the Special Order for to-morrow, at 2 o'clock, P. M.
On motion of Mr. HOPE, the Senate adjourned at 3 o'clock, P. M.
[CHARLESTON.]
SATURDAY, JANUARY 19, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
Mr. WARE presented the report of the Committee on Incorporations and
Engrossed Acts,
On a Bill, from the House of Representatives, to amend the charter of
the town of Georgetown in sundry particulars ; also,
On the memorial of the Intendant and Wardens of the town of George¬
town, praying an amendment of their charter.
Mr. FICKLING presented the report of the Committee on Privileges
and Elections,
On a resolution, from the House of Representatives, as to the establish¬
ment of an election precinct in Greenville District; also,
The report of the same Committee,
On a resolution, from the House of Representatives, for discontinuance
of Sand Hill poll, in Barnwell District; which were ordered for considera¬
tion on Monday next, and the first named was ordered to be printed.
Pursuant to notice, and with leave of the Senate, the following Bills were
introduced by the following gentlemen, which received the first reading,
and were referred:
By Mr. FICKLING,
A Bill to amend the fifth section of an Act entitled "An Act to appoint
Escheators, and to regulate Escheats."
By Mr. LESESNE,
A Bill to incorporate the " Shoe and Leather Manufacturing Company."
SATURDAY, JANUARY 19, 1861.
203
At half-past 1 o'clock, P. M., the Senate resolved itself into Secret Ses¬
sion ; and, on the adjournment thereof, at twenty minutes to 3 o'clock, P. M.,
it was announced that the following nominations hy the Governor had been
confirmed, and the remaining names communicated by him had not been
finally acted on :
Appointments for First Regiment enlisted men, under special resolutions
of Convention :
John Dunovant, Major.
First Artillery W. R. Calhoun Captain,
T. M. Wagner First Lieutenant,
W. C. Preston Second Lieutenant.
Second Artillery J. H. Hallonquist Captain,
, W. H. Gibbes Second Lieutenant.
First Infantry W. D. Smith Captain.
Second Infantry William Butler Captain.
Third Infantry W. D. DeSaussure Captain,
James Hamilton Second Lieutenant.
Fourth Infantry George James Captain,
B. F. Sloan First Lieutenant,
John R. Blocker Second Lieutenant.
Fifth Infantry John C. Simkins Captain,
G. N. Reynolds, Jr...Second Lieutenant.
Sixth Infantry Thomas M. Baker Captain,
H. S. Farley Second Lieutenant.
The following resolution was also adopted in the Executive Session, and
was directed .to be sent to the Governor, to wit:
Resolved, That all officers nominated by the Governor, and confirmed by
the Senate, for the Military, take rank from the date of confirmation; and,
where of equal grade, they take rank by lot, according to military usage.
Mr. MARSHALL submitted the report of the Committee on Military
and Pensions, on the House report of the Military Committee,
On the report of the Board of Visitors of the Military Academies for
1860 ;
The report of the Committee on Military and Pensions,
On a House Bill authorizing the formation of a Volunteer Company of
Riflemen within the limits of the Seventh Regiment of South Carolina
Militia;
The report of the Committee on Military and Pensions, on the House re¬
port of the Military Committee,
204
JOURNAL OF THE SENATE,
On so much of the Governor's Message as relates to John Brown's pike;
which were ordered for consideration on Monday next.
Mr. MARSHALL, from the Committee on Military and Pensions,
submitted
A Bill to authorize the formation of a Volunteer Company of Light
Artillery, and to incorporate the same, by the name of the "Waccamaw
Light Artillery."
The Bill received the first reading, and was ordered for a second reading
on Monday next.
The following message was received from the House of Representatives:
House oe Representatives, January 19, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to amend the Bill
entitled "A Bill to incorporate certain Societies and Companies, and to
renew and amend the charters of others," by striking out in the seventh
line of the first section the word "Rifles," after the word "Chester," and
inserting the word "Blues;" and by striking out in the eighth line the word
"Rifles," after the word "Wee Nee," and inserting the word "Riflemen."
By order of the House,
R. B. BOYLSTON, Speaker, pro tern.
The Bill was amended accordingly, and received the third reading; was
passed, the title was changed to an Act, and it was returned to the House of
Representatives.
The following Special Orders were discharged, and the same subjects
were made the Special Orders for the following hours, on Monday, to wit:
FOR HALF-PAST 12 O'CLOCK, P. M.
The report of the Committee on the Judiciary,
On a Bill, from the House of Representatives, "to provide for the proper
administration of the Admiralty and Maritime Law in the State of South
Carolina, and for other purposes."
FOR 1 O'CLOCK, P. M.
The report of the Committee on Military and Pensions,
On so much of Message No. 8, of his Excellency the Governor, as relates
to the regiment of enlisted men, and the call for a battalion of artillery;
A Bill creating a Military Establishment for the Commonwealth of South
Carolina, and for other purposes. Reported by the Committee on Military
and Pensions.
MONDAY, JANUARY 21, 1861.
205
FOR HALF-PAST 1 O'CLOCK, P. M.
The report of the Committee on Finance and Banks,
On a Bill to make appropriations for the year commencing in October,
one thousand eight hundred and sixty.
The report of the same Committee,
On the interest on bonds issued in 1859, in aid of the Blue Ridge
Railroad Company.
FOR 2 O'CLOCK, P. M.
The report of the Committee on Offices and Officers, of the House of Repre¬
sentatives, appointing Magistrates, &c., &c.
The report of the Committee on Military and Pensions,
On a resolution, from the House of Representatives, relative to volunteers,
was agreed to; and a message was sent to the House of Representatives,
asking leave to amend the resolution by inserting after the word "excused,"
in eighth line, the words, "from furnishing their quota of men under,"
and striking out the words, "if they should not comply with."
The House of Representatives sent to the Senate
A Bill to raise supplies for the year commencing in October, one thou¬
sand eight hundred and sixty.
The Bill received the first reading, and was referred to the Committee on
Finance and Banks, and was ordered to be printed.
Mr. CANNON gave notice, that on Monday next he will ask leave to
introduce
A Bill to amend an Act entitled "An Act for the establishment of a
Coast Police," ratified 15th January, 1861.
On motion of Mr. CANNON, the Senate adjourned at twenty minutes
past 3 o'clock, P. M.
[CHARLESTON.]
MONDAY, JANUARY 21, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of Saturday.
The House of Representatives returned to the Senate the following papers,
in which it had concurred:
206
JOURNAL OF THE SENATE,
The reports of the Committee on Claims and Grievances,
On the account of H. H. Flatman, for conveying prisoner to jail;
On the account of George A. Fink, for public printing;
On the petition of Lawson Lawrence, for burying body of Walter Worley,
a pauper;
On the account of Evans & Cogswell, for printing a portion of the Code
of Statute Law of South Carolina;
On the account of H. Judge Moore, for public printing.
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts,
On the account of Dr. F. Peyre Porcher, for post mortem examination;
On the account of Drs. Dudley & Moses, for post mortem examination.
The report of the Committee on Roads and Buildings,
On the petition of the Commissioners of Public Buldings for Laurens
District, praying to be refunded the amount paid out by them for office rent
during the reconstruction of the Court House of said District.
The report of the Committee on the new State House,
On the account of James Jones, Commissioner.
The report of the Committee on Finance and Banks,
On the petition of Samuel Watson, sheriff of Sumter District;
A resolution in relation to the permanent printing and pay of State
Printer.
On motion of Mr. LESESNE, a resolution, from the House of Represen¬
tatives, relative to the dredging and deepening of the Sullivan's Island or
Maffit Channel, was ordered to be considered with the Appropriation Bill.
The following message was received from the House of Representatives :
House op Representatives, January 21, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to amend the resolu¬
tion of this House in relation to Volunteers under the provisions of the late
Convention, by inserting after the word " excused," in eighth line, the
words " from furnishing their quota of men under," and striking out the
words "if they should not comply with."
By order of the House,
JAMES SIMONS, Speaker.
The resolution was amended accordingly, and was returned to the House
of Representatives.
The House of Representatives also sent to the Senate the following
message:
MONDAY, JANUARY 21, 1861.
207
House oe Representatives, January 19, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully asks leave of your "body to amend the report of
the Senate Committee, on the Lunatic Asylum and Medical Accounts, on
the account of Dr. J. H. Harrall, by striking out "Fifty Dollars," the
amount allowed him, and inserting " Forty Dollars" in lieu thereof.
By order of the House,
R. B. BOYLSTON, Speaker, pro tern.
Which was referred to the Committee on the Lunatic Asylum and
Medical Accounts.
The House of Representatives sent to the Senate, for concurrence,
The reports of the Committee on Claims,
On the account of S. Brady;
On the account of Daniel H. Silcox;
On the account of Courtney, Tennent & Co.;
On the accounts of David Lopez, H. W. Kinsman, and J. G-. Bailey, for
fitting up the Hall of the House of Representatives;
On the account of George D. Grice ;
On the account of P. M. Wallace;
On the petition of Elijah Zimmerman, relative to injuries sustained by
a road made through his land;
On the account of R. H. McDowell;
On the account of the Southern Porcelain Company;
On the account of E. 0. Withington, for preparing an index;
On the account of the Edgefield Advertiser;
On the account of R. A. McKnight;
On the account of C. P. Pelham ; which were referred to the Committee
on Claims and Grievances.
The reports of the Medical Committee of the House of Representatives,
On the account of Drs. Malloy and Coit;
On the account of Dr. W. F. Barton;
On the account of Dr. D. C. Tomkins;
On the account of Dr. J. H. Laurence; which were referred to the
Committee on the Lunatic Asylum and Medical Accounts.
The reports of the Committee of Ways and Means,
On a resolution of inquiry as to requiring additional bonds to be given
by tax collectors;
On the petition of B. W. Force, to be refunded a double tax;
On the petition of J. A. Pettigrew, to be refunded a tax twice paid;
which were referred to the Committee on Finance and Banks.
208
JOURNAL OF THE SENATE,
And also the following:
A resolution to suspend the Spring Courts in the Eastern and Third
Circuits; which was referred to the Committee on the Judiciary.
The House of Representatives also sent to the Senate the following
resolution:
Resolved, unanimously, That this General Assembly has learned with the
highest gratification, that the State of Georgia has passed an Ordinance
withdrawing herself from the Federal Union; and that His Excellency the
Governor, be requested to express to the Executive of Georgia the con¬
gratulations of South Carolina at her action.
This resolution was concurred in, and was returned to the House of
Representatives.
At half-past 12 o'clock, P.M., the Senate received a communication from
the Governor, and immediately went into Executive Session, and so con¬
tinued until half-past 1 o'clock, P. M.
Mr. MOSES presented the report of the Committee on Privileges and
Elections,
On resolution as to the right of voting in more than one election district,
at the same general election; which was ordered to be printed.
Mr. FICKLING presented the report of the minority of the Committee
on Privileges and Elections,
On a resolution to inquire and report whether, under the Constitution of
the State, a citizen having the property qualification in several election
districts, is entitled to vote in more than one election district; and'also,
whether a qualified elector may vote for Senator in one election district,
and for Representative in another.
Mr. MOSES presented the report of the Committee on the Judiciary,
On "a Bill to extend relief to debtors," and on a memorial of merchants
and other citizens of Charleston, against the passage of a stay law; all of
which were ordered for consideration to-morrow.
The following message was received from the House of Representatives:
House of Representatives, January 19, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully refuses to grant leave to your body to strike out
so much of the report of the Committee on Claims of this House, on Mes¬
sage No. 3, of His Excellency, Governor Gist, relating to the report of
James A. Black, Agent of the State, as recommends the payment of "Five
Hundred Dollars additional, to the said James A. Black."
By order of the House,
R. B. BOYLSTON, Speaker, pro tem.
MONDAY, JANUARY 21, 1861.
209
The Senate did not insist, but concurred in the House report, and it was
returned to the House of Representatives.
Mr. MOSES submitted the report of the Special Joint Committee, on the
part of the Senate, in relation to a National Flag for the State of South
Carolina; which, on motion of Mr. ALLEN, was considered, and agreed to,
and was sent to the House of Representatives for concurrence.
At half-past 12 o'clock, P. M., the Senate proceeded to the Special Order
for this hour:
The report of the Committee on the Judiciary,
On a Rill, from the House of Representatives, u to provide for the proper
administration of the Admiralty and Maritime Law in the State of South
Carolina, and for other purposes."
The Bill received the second reading, was agreed to, and was returned to
the House of Representatives.
At 1 o'clock, P. M., the Senate proceeded to the Special Order for this
hour:
The report of the Committee on Military and Pensions,
On so much of Message No. 8, of his Excellency the Governor, as relates
to the regiment of enlisted men, and the call for a battalion of Artillery;
A Bill creating a Military Establishment for the Commonwealth of South
Carolina, and for other purposes.
The Senate proceeded with the second reading of the Bill, which had not
been concluded, when Mr. MAZYCK, at a quarter-past 3 o'clock, P. M.,
moved that the Senate do take a recess until 7 o'clock, P. M. This ques¬
tion was ordered to be decided by yeas and nays, and they are as follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Appleby, Barker, Barnes,
Beaty, Blakeney, Boykin, Bull, Cannon, DeLoach, Furman, Garlington,
Hampton, Heyward, Irby, Keitt, Lesesne, Manning, Mazyck, McCaw,
Moses, Sessions, Watson and Wilson.
Those who voted in the negative, are
Messrs. Allen, Bryan, Dantzler, Harrison, Hart, Hope, Johnson, Marshall,
McAliley, McKewn, Montgomery, Roberds, Sharpe, Simpson, Wagner and
Ware.
In the affirmative, 24.
In the negative, 16.
The Senate, therefore, suspended business until 7 o'clock, P. M.
27
210
JOURNAL OF THE SENATE,
RECESS.
At 7 o'clock, P. M., the PRESIDENT resumed the Chair, and the Sen¬
ate proceeded with business.
Mr. McALILEY submitted the report of the Committee on Finance and
Banks,
On a Bill to raise supplies for the year commencing in October, one thou¬
sand eight hundred and sixty; which was ordered for consideration to¬
morrow.
Mr. SIMPSON submitted the report of the Committee on Incorporations
and Engrossed Acts,
On a Bill to incorporate the Shoe and Leather Manufacturing Company.
The Bill received the second reading, was agreed to, and was ordered to
be sent to the House of Representatives.
The Senate resumed the second reading of a Bill creating a Military
Establishment for the State of South Carolina, and for other purposes.
In the ninth line, which reads, "and that the said officers shall take rank
according to the date of their commissions," Mr. MOSES moved to strike
out " commission," and insert " confirmation," together with the words
which follow, so that if his amendment prevails, the clause would read,
" and that the said officers shall take rank according to the date of confirma¬
tion, if the Senate shall be in session; and if not in session, then from the
date of the nomination of the Gfovernor, if afterwards confirmed by the
Senate."
Mr. MAZYCK moved that this amendment do lie on the table; which
question was ordered to be decided by yeas and nays, and they are as
follows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Appleby, Barker, Beaty, Blake-
ney, Boykin, Dantzler, Fickling, Furman, Hampton, Hart, Heyward, Hope,
Irby, Keitt, Lesesne, Manning, 'Marshall, Mazyck, Montgomery, S. W.
Palmer, Roberds, Sessions, Sharpe, Wagner, Watson, and Wilson.
Those who voted in the negative, are
Messrs. Allen, Barnes, Bryan, Cannon, DeLoach, Harrison, Johnson,
McAliley, McCaw, McKewn, Moses, Simpson, and Ware.
In the affirmative, 27-
111 the negative, 13.
The motion, therefore, prevailed, and the amendment was ordered to lie
on the table.
Mr. HOPE moved to strike out the thirteenth section of the printed Bill,
which is as follows:
MONDAY, JANUARY 21, 1861.
211
" That if any Commissioned Officer, while in the line of his duty in the
public service, shall die by reason of any wound received in the actual ser¬
vice, and leave a widow, or if no widow, a child or children, under the age
of sixteen, such widow, or if no widow, such child or children, shall receive
half monthly pay to which the deceased was entitled at his death, for and
during the term of ten years. But in case of the death or intermarriage of
such widow, before the expiration of the term of the said ten years, then
the half pay for the remainder of the term shall go to the child or children
of such deceased : Provided, always, that such half pay shall cease on the
decease of such child or children, or their arriving at the age of "sixteen
years, or shall die before the expiration of the said ten years."
This question was ordered to be decided by yeas and nays, and they are
as follows :
Those who voted in the affirmative, are
Messrs. Allen, Appleby, Barnes, Beaty, Boykin, Cannon, DeLoach, Hart,
Hope, Keitt, Lesesne, Manning, Mazyck, McAliley, McCaw, McKewn,
Sessions, Sharpe, Simpson, Wagner, Watson, and Wilson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Barker, Blakeney, Dantzler,
Furman, Hampton, Harrison, Heyward, Johnson, Marshall, Montgomery,
Moses, S. W. Palmer, Roberds, and Ware.
In the affirmative, 22.
In the negative, 15.
The motion, therefore, prevailed, and the section was stricken out.
The second reading of the Bill was concluded, and the Bill was agreed to,
and was sent to the House of Representatives.
The House of Representatives sent to the Senate
A Bill to authorize the appointment of a Special Magistrate for the town
of Summerville ; which received the first reading, and was referred to the
Committee on the Judiciary.
At half-past 9 o'clock, P. M., a communication was received from the
Governor, when the Senate went into Executive Session, and so remained
until half past 10 o'clock, P. M., when the Executive Session closed, and
immediately thereafter,
On motion of Mr. WAGNER, the Senate adjourned.
212
JOURNAL OF THE SENATE,
[CHARLESTON.]
TUESDAY, JANUARY 22, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives returned to the Senate, with their con¬
currence,
The report of the Committee on Roads and Buildings,
On the petition of James R. Todd, praying, compensation for injuries
sustained by the opening of a public highway over his lands; also,
The report of the Committee on Claims and Grievances,
On the account of David Lopez, for fitting up Senate Chamber, &c., in
Charleston; also,
Resolution for the adjournment of the General Assembly on the twenty-
fourth instant, at 12 o'clock, M.
The House of Representatives also sent to the Senate,
A resolution instructing the Comptroller General to sell chairs, tables,
&c.; which was referred to the Committee on the new State House; also,
A resolution in relation to the call of physicians in cases of inquest;
which was referred to the Committee on the Lunatic Asylum and Medical
Accounts; also,
A resolution in relation to the several Boards of Commissioners of Roads,
Poor, and Public Buildings ; which was referred to the Committee on Roads
and Buildings; also,
The report of the Special Joint Committee, on the Flag of South Caro¬
lina, and resolutions; which was referred to the Special Committee on the
Flag, consisting of Messrs. Moses, Hampton, Manning, Lesesne and
Dantzler; also,
The report of the Committee of Ways and Means, on the report of the
President and Directors of the Bank of the State of South Carolina; which
was referred to the Committee on Finance and Banks; also,
The reports of the Committee on Roads, Bridges and Ferries, on a reso¬
lution whether the third section of the Act of 1788 is still of force; also,
The report of the Committee on Internal Improvements, upon the petition
and counter petition for the removal of the Dam at Grindal Shoals, in
Pacolet river; which was referred to the Committee on Roads and Buildings.
A resolution confirming an expenditure made by the Trustees of the
Normal School; which was referred to the Committee on the College Educa¬
tion and Religion.
TUESDAY, JANUARY 22, 1861.
213
Mr. MOSES submitted the report of the Committee on the Judiciary,
On a Bill to authorize the appointment of a Special Magistrate for the
town of Summerville ; and also,
On a Bill to provide for the appointment of an additional Magistrate at
Bessantville, in All Saints' Parish.
The Senate proceeded with the second reading of
A Bill to make appropriations for the year commencing in October, one
thousand eight hundred and sixty.
Mr. ALLEN moved to amend the fourth and fifth lines of the seventh
section, which read in the Bill " Physician of the Jail and Physician of
the Magazine Guard, at Charleston, each five hundred dollars," by striking
out " five hundred dollars," to insert " three hundred dollars."
This question was ordered to be decided by yeas and nays, and they are
as follows:
Those who voted in affirmative, are
Messrs. Allen, Appffiby, Beaty, Cannon, Hope, McKewn, Moses, and
Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Barker, Barnes, Blakeney,
Boykin, Bryan, Bull, DeLoach, Furman, Garlington, Hampton, Harrison,
Hart, Hey ward, Irby, Johnson, Lesesne, Manning, Marshall, Mazyck, Mc-
Aliley, McCaw, Montgomery, E. G. Palmer, S. W. Palmer, Sessions,
Sharye, Simpson, Wagner, Ware, and Wilson.
In the affirmative, 8.
In the negative, 31.
The motion, therefore, did not prevail. The reading was suspended to
receive the following message :
House of Representatives, January 22, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully informs your body that an Act entitled "An Act
to authorize the issue of Bonds or Stock, for continuing the construction of
the new State House," is engrossed and ready for ratification.
By order of the House,
JAMES SIMONS, Speaker.
Which was referred to the Committee on Incorporations and Engrossed
Acts.
Mr. SIMPSON submitted the following report:
The Committee on Incorporations and Engrossed Acts, to whom was re¬
ferred a message from the House of Representatives, informing this body
214
JOURNAL OF THE SENATE,
that an Act entitled " An Act to authorize the issue of Bonds or Stock for
continuing the construction of the new State House," has been engrossed
and was ready for ratification, ask leave to recommend, that a message be
sent to the House inviting that body to attend in the Senate Chamber at 2
o'clock, to join in the ratification of said Act.
The report was agreed to, and the message was sent accordingly; and im¬
mediately thereafter, the House of Representatives entered the Senate
Chamber, and the Act was duly ratified in the presence of the members of
both branches of the General Assembly.
The Senate resumed the second reading of a Bill to make appropriations
for the year commencing in October, one thousand eight hundred and sixty.
Mr. ALLEN moved to strike out seven thousand dollars, the appropria¬
tion for the transient poor of Charleston, and to insert three thousand dol¬
lars.
On motion of Mr. MAZYCK, this motion was ordered to lie on the table.
Mr. McALILEY moved to reconsider the vote.
Mr. MAZYCK moved that this do lie on the table ; which was ordered
to be decided by yeas and nays, and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Boykin, Bryan, Bull, Dantzler,
DeLoach, Garlington, Heyward, Lesesne, Manning, Mazyck, McCaw, Mont¬
gomery, E. G. Palmer, S. W. Palmer, Simpson, Wagner, and Wilson.
Those who voted in the negative, are
Messrs. Allen, Barker, Barnes, Beaty, Blakeney, Cannon, Furman, Hamp¬
ton, Harrison, Hope, Irby, Johnson, Keitt, Marshall, McAliley, McKewn,
Moses, Sessions, Sharpe, and Ware.
In the affirmative, 18.
In the negative, 20.
The Senate, therefore, refused to order the motion to lie on the table.
On the question of reconsidering, the yeas and nays were ordered, and
they are as follows :
Those who voted in the affirmative, are
Messrs. Allen, Barker, Barnes, Beaty, Blakeney, Cannon, Harrison,
Hart, Hope, Irby, Johnson, Keitt, Marshall, McAliley, McCaw, McKewn,
Moses, Sessions, Sharpe, Ware and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Appleby, Boykin, Bull, Dantzler,
DeLoach, Garlington, Hampton, Heyward, Lesesne, Manning, Mazyck,
Montgomery, E. G. Palmer, S. W. Palmer, Simpson, Wagner, and Wilson.
In the affirmative, 21.
In the negative, 18.
TUESDAY, JANUARY 22, 1861.
215
The motion, therefore, prevailed.
On the question of striking out seven thousand dollars, for the purpose
of inserting three thousand dollars, the yeas and nays were ordered, and
they are as follows :
Those who voted in the affirmative, are
Messrs. Allen, Beaty, Cannon, Johnson, Keitt, Marshall, MeKewn,
Ware and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Appleby, Barker, Barnes,
Blakeney, Boykin, Bull, Dantzler, DeLoach, Garlington, Hampton, Harri¬
son, Hart, Heyward, Hope, Irby, Lesesne, Manning, Mazyck, McAliley,
McCaw, Montgomery, Moses, E. G. Palmer, S. W. Palmer, Sessions,
Sharpe, Simpson, Wagner and Wilson.
In the affirmative, 9.
In the negative, 30.
The motion, therefore, did not prevail.
The second reading of the Bill was concluded, and it was agreed to,
and returned to the House of Representatives.
Mr McALILEY,t Chairman of the Committee on Finance and Banks,
gave notice that on the third reading he will move to suspend the twenty-
sixth Rule, so far as it relates to this Bill.
Mr. MOSES, from the Judiciary Committee, to which had been referred
a resolution, from the House of Representatives, to suspend the Courts on
the Eastern Circuit and the third Circuit, submitted a report, recommending
that the resolution do lie on the table; which was agreed to.
The same Committee also reported
A Bill to dispense with the sittings of the Courts of Law and Equity for
a certain time; which received the first reading, and was ordered for a
second reading to-morrow.
On motion of Mr. ALLEN, the Senate proceeded to the consideration of
the report of the Committee on Finance and Banks, on the reports of the
Committee of Ways and Means, of the House of Representatives,
On the annual report of the Commissioners of the Poor of the city of
Charleston.
Mr. GARLINGTON submitted the following resolution :
Resolved, That his Excellency the Governor be, and he is hereby,
authorized to procure, for the Coast Police of the State of South Carolina,
three steamers, of such description as may, in his judgment, be best suited
for said service.
The resolution was made the Special Order for this evening, at 7 o'clock,
P. M.
216
JOURNAL OF THE SENATE,
On motion of Mr. McALILEY, the Senate, at ten minutes past 4 o'clock,
P. M., suspended business until 7 o'clock, P. M.
RECESS.
At 7 o'clock, P. M., the PRESIDENT resumed the Chair, and the Sen¬
ate proceeded with business.
Mr. APPLEBY submitted the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee of
the House of Representatives,
On the accounts of Drs. Malloy and Coit, for post mortem examinations.
Mr. McALILEY submitted the reports of the Committee of Finance and
Banks, on the report of the Committee of Ways and Means, of the House of
Representatives,
On the petition of B. W. Force, to be refunded a double tax;
On a resolution of inquiry relative to requiring additional bonds from tax
collectors;
On the petition of J. A. Pettigrew, to be refunded a tax twice paid.
Mr. MANNING- submitted the report of the Committee on the College,
Education and Religion,
On a resolution, from the House of Representatives, confirming an expen¬
diture by the Trustees of the Normal School; which was ordered for con¬
sideration to-morrow.
The House of Representatives sent to the Senate,
A Bill to provide for the appointment and duties of officers connected
with the Customs, and for other purposes.
The Bill received the first reading, and was referred to the Committee on
the Judiciary.
The Senate proceeded to the second reading of
A Bill to raise supplies for the year commencing in October, one thou¬
sand eight hundred and sixty; and, after some time spent therein,
Mr. MAZYCK moved that the Bill be made the Special Order for to-mor¬
row, at half-past 12 o'clock, P. M.
On this question the yeas and nays were ordered, and they are as follows:
Those who voted in the affirmative, are
Messrs. Barker, Boykin, Bryan, Hampton, Lesesne, Manning, Mazyck,
Sessions, Simpson, Wagner, and Wilson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Barnes, Beaty,
Blakcney, Cannon, Dantzler, DeLoach, Fickling, Furman, Garlington, Har¬
rison, Hart, Hey ward, Hope, Irby, Johnson, Keitt, Marshall, McAliley,
TUESDAY, JANUARY 22, 1861.
217
McCaw, McKewn, Montgomery, Moses, E. Gr. Palmer, S. W. Palmer,
Sharpe, Ware, and Watson.
In the affirmative, 11.
In the negative, 30.
The motion, therefore, did not prevail.
The second reading was continued.
Mr. McALILEY moved the following amendment, to be inserted after
"otherwise/' in the fifty-fourth. line of the printed Bill, viz : "The one
tenth of one per cent, on all moneys loaned, or all moneys at interest,
during the past year; and on all moneys invested in the Bonds or Stocks
of any State or corporation other than the Bonds or Stocks of this State."
Mr. PALMER moved that the amendment do lie on the table. This
question was ordered to be decided by yeas and nays, and they are as fol¬
lows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Barker, Barnes, Beaty,
Boykin, Cannon, Dantzler, DeLoach, Hope, Johnson, Keitt, Marshall,
Mazyck, McKewn, Montgomery, E. XL Palmer, S. W. Palmer, Sessions,
Simpson and Watson.
Those who voted in the negative, are
Messrs. Appleby, Blakeney, Fickling, Furman, G-arlington, Hampton,
Harrison, Hart, Heyward, Irby, Lesesne, Manning, McAliley, McCaw,
Moses, Sharpe, Wagner, Ware and Wilson.
In the affirmative, 21.
In the negative, 19.
The motion, therefore, prevailed, and the amendment was ordered to lie
on the table.
Mr. HAMPTON moved to amend the fifty-fifth line, by striking out the
words " this State or."
Mr. PALMER moved that this amendment' do lie on the table; which
was ordered to be decided by yeas and nays, and they are as follows:
Those who voted in the affirmative, are
Messrs. Allen, Barnes, Beaty, Cannon, Dantzler, DeLoach, Garlington,
Fleyward, Hope, Irby, Johnson, Keitt, Marshall, McKewn, Montgomery,
E. Gr. Palmer, S. W. Palmer, Ware and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Appleby, Barker, Blakeney,
Boykin, Bryan, Fickling, Furman, Hampton, Harrison, Hart, Lesesne,
Manning, Mazyck, McAliley, McCaw, Moses, Sessions, Sharpe, Simpson,
Wagner and Wilson.
In the affirmative, 19.
In the negative, 22.
28
218
JOURNAL OF THE SENATE,
The motion, therefore, did not prevail.
On agreeing to the amendment, the yeas and nays were ordered, and they
are as follows :
Those who voted in the affirmative, are
Hon. W. I). Porter, President; Messrs. Appleby, Barker, Blakeney,
Boykin, Bryan, Fickling, Furman, Hampton, Harrison, Hart, Lesesne,
Manning, Mazyck, McAliley, McCaw, Moses, Sessions, Sharpe, Simpson,
Wagner and Wilson.
Those who voted in the negative, are
Messrs. Allen, Barnes, Beaty, Cannon, Dantzler, DeLoach, Grarlington,
Heyward, Hope, Irby, Johnson, Keitt, Marshall, McKewn, Montgomery,
E. Gl. Palmer, S. W. Palmer, Ware and Watson.
In the affirmative, 22.
In the negative, 19.
The amendment, therefore, prevailed.
At ten minutes past 10 o'clock, before the reading had been concluded,
the reading was suspended; and,
On motion of Mr. WILSON, it was ordered, that when the Senate
adjourns, it shall stand adjourned to meet to-morrow, at 11 o'clock, A. M.
On motion of Mr. WILSON, the Senate adjourned at ten minutes past
10 o'clock, P. M.
[CHARLESTON.]
WEDNESDAY, JANUARY 23, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
Mr. MOSES submitted the report of the Special Committee of the Senate,
On the report and resolutions of the Joint Committee on the part of the
House of Representatives, on the Flag of South Carolina; which was
ordered for consideration to-morrow.
Mr. MARSHALL submittted the report of the Committee on Military
and Pensions, on the House report,
On the petition of John Calvin McDaniel, praying to be placed on the
pension list; which was ordered for consideration to-morrow.
Mr. McKEWN submitted the report of the Committee on the Lunatic
Asylum and Medical Accounts,
WEDNESDAY, JANUARY 23, 1861.
219
On the amendment proposed by the Medical Committee of the House, to
the Senate report on the account of Dr. J. H. Harrel, for post mortem
examination ; which was ordered for consideration to-morrow.
The Senate resumed the second reading of a Bill to raise supplies for the
year commencing in October, one thousand eight hundred and sixty.
Mr. MARSHALL moved to strike out all after the enacting clause, down
to the end of the eighty-seventh line of the printed Bill, for the purpose of
inserting a substitute, which he offered.
Mr. ALLEN moved that the substitute be printed, and referred to the
Committee on Finance and Banks; which was ordered to be decided by
yeas and nays ; and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Cannon, Grarlington,
Heyward, Hope, Irby, Keitt, Moses, E. Gf. Palmer, Simpson, and Ware.
Those who voted in the negative, are
Messrs. Appleby, Barker, Barnes, Beaty, Blakeney, Boykin, Bryan, Dantz-
ler, DeLoach, Furman, Hampton, Harrison, Hart, Johnson, Lesesne, Man¬
ning, Marshall, Mazyck, McAliley, McCaw, McKewn, Montgomery, S. W.
Palmer, Sessions, Sharpe, Watson, and Wilson.
In the affirmative, 12.
In the negative, 27.
The motion, therefore, did not prevail.
On the question of agreeing to the amendment, the yeas and nays were
ordered, and they are as follows:
Those who voted in the affirmative, are
Messrs. Appleby, Barnes, Beaty, Blakeney, Boykin, Bryan, Cannon,
Dantzler, DeLoach, Grarlington, Hampton, Harrison, Hart, Heyward, Hope,
Johnson, Keitt, Lesesne, Marshall, McAliley, McCaw, McKewn, Mont¬
gomery, Moses, E. Gr. Palmer, S. W. Palmer, Sessions, Sharpe, Simpson,
Ware, and Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Allen, Barker, Furman, Irby,
Manning, Mazyck, and Wilson.
In the affirmative, 31.
In the negative, 8.
The amendment was, therefore, agreed to.
Mr. MOSES moved to strike out, in the 115th line of the printed Bill,
referring to the commissions of tax collectors, the following: u shall be at
the rate of sixty-five per cent./' for the purpose of inserting the following:
" no more in amount than the sum received by them for the collection of the
taxes for the last fiscal year."
220
JOURNAL OF THE SENATE,
The question having been divided, on the question of striking out, the
yeas and nays were ordered, and they are as follows :
Those who voted in the affirmative, are
Messrs. Barker, Blakeney, Bryan, Dantzler. LeLoach, Fiekling, Furman,
G-arlington, Hampton, Harrison, Hope, Johnson, Keitt, Lesesne, Manning,
Mazyck, McKewn, Montgomery, Moses, E. Gr. Palmer, S. W. Palmer, Ses¬
sions, Sharpe, and Simpson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Barnes, Beaty,
Boykin, Cannon, Hart, Irby, Marshall, McAliley, McCaw, Ware, and Wilson.
In the affirmative, 25.
In the negative, 14.
The words were, therefore, stricken out.
Mr. McALILEY moved the following amendment to that offered by Mr.
Moses :
" But in no case shall the same exceed five per cent, on the sums respect¬
ively collected by them."
Mr. MOSES moved that this do lie on the table; which was ordered to
be decided by the yeas and nays, and they are as follows :
Those who voted in the affirmative, are
Messrs. Allen, Barker, Bryan, Dantzler, DeLoach, Fiekling, Furman,
Hampton, Harrison, Keitt, Lesesne, Manning, Marshall, Mazyck, McKewn,
Montgomery, Moses, E. Gr. Palmer, S. W. Palmer, Sessions, Sharpe, and
Watson.
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Appleby, Barnes, Beaty, Blake¬
ney, Boykin, Cannon, Grarlington, Hart, Heyward, Hope, Irby, Johnson,
McAliley, McCaw, Simpson, and Ware.
In the affirmative, 22.
In the negative, 16.
The amendment was, therefore, ordered to lie on the table.
The amendment offered by the Senator from Sumter, Mr. MOSES, was
then agreed to.
Mr. BOYKIN moved to strike out the following:
" That the commissions to be received by the various tax collectors of
this State, for the year commencing on the first day of October, one thou¬
sand eight hundred and sixty, shall be no more in amount than the sum
received by them for the collection of taxes for the last fiscal year."
This question was ordered to be decided by yeas and nays, and they are
as follows:
In the affirmative
Mr. Boykin.
WEDNESDAY, JANUARY 23, 1861.
221
Those who yoted in the negative, are
Hon. W. D. Porter, President ; Messrs. Allen, Appleby, Barker,
Barnes, Beaty, Blakeney, Bryan, Cannon, Dantzler, DeLoach, Fickling,
Furman, Garlington, Hampton, Hart, Heyward, Hope, Irby, Johnson, Keitt,
Lesesne, Manning, Marshall, Mazyck, McAliley, McCaw, McKewn, Mont¬
gomery, Moses,' E. G. Palmer, -S. W. Palmer, Sharpe, Simpson, Ware,
and Watson.
In the affirmative, 1.
In the negative, 36.
The amendment, therefore, did not prevail.
Mr. McALILEY moved an amendment, authorizing the Bank of the
State to issue certificates amounting, in the whole, to three hundred and
fifty thousand dollars, in the following form : " This note, or certificate, will
be received in payment of taxes, and other dues to the State of South Caro¬
lina, for dollars."
This question was ordered to be decided by yeas and nays, and they are
as follows :
Those who voted in the affirmative, are
Messrs. Barker, Barnes, Beaty, Blakeney, Boykin, Cannon, Dantzler,
Hart, Irby, Johnson, Keitt, Lesesne, Mazyck, McAliley, McKewn, E. Gr.
Palmer, S. W. Palmer, Simpson, Ware, and Watson
Those who voted in the negative, are
Hon. W. D. Porter, President; Messrs. Allen, Bryan, DeLoach, Fick7
ling, Furman, Garlington, Hampton, Harrison, Heyward, Hope, Manning,
Marshall, McCaw, Moses, Sessions, and Sharpe.
In the affirmative, 20.
In the negative, 17.
The amendment was, therefore, agreed to.
Mr. MAZYCK moved the following amendment:
" That the Treasurer and Tax Collectors of this State shall receive, in
payment of taxes, only the notes or bills of such banks as do not refuse to
receive and circulate the receivable notes to be issued by the President and
Directors of the Bank of the State, as heretofore provided; and they shall
receive no bank notes which are not at par with the notes of the Bank of
the State of South Carolina."
Which was ordered to be decided by yeas and nays; and they are as fol¬
lows :
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Allen, Appleby, Beaty,
Blakeney, Bryan, DeLoach, Fickling, Furman, Garlington, Hampton,
Harrison, Hart, Hope, Lesesne, Manning, Marshall, McCaw, Montgomery,
Moses, Session's, Sharpe, Ware and Watson.
222
JOURNAL OF THE SENATE,
Those who voted in the negative, are
Messrs. Barker, Barnes, Boykin, Cannon, Dantzler, Heyward, Irby,
Johnson, Keitt, Mazyck, McAliley, McKewn, E. Gi. Palmer, S. W.
Palmer and Simpson.
In the affirmative, 24.
In the negative, 15.
The amendment was, therefore, lost.
The second reading was concluded, and the Bill was agreed to, and was
ordered to be printed.
A Bill to dispense with the sittings of the Courts of Law and Equity
for a certain time, received the second reading, was agreed to, and ordered
to be sent to the House of Representatives.
Mr. MOSES offered the following resolution :
Resolved, That a message be sent to the House of Representatives, asking
leave of that body to rescind the resolution of the two Houses to adjourn
the present session on Thursday, the 24th instant, and to ask the concur¬
rence of that body in fixing the adjournment for Friday, the 25th instant,
at five o'clock, P. M.
The resolution was agreed to, and a message was ordered accordingly.
Mr. HAMPTON submitted the report of the Committee on the new
State House,
On resolution of inquiry as to the expediency of curtailing the number
of sub-officers in the department of the Chief Architect; which was
ordered for consideration to-morrow.
On motion of Mr. HAMPTON, the Senate, at half-past 3 o'clock, P. M.,
suspended business until 7 o'clock, P. M.
RECESS.
At 7 • o'clock, P. M., the PRESIDENT resumed the Chair, and the
Senate proceeded with business.
A Bill to establish certain Roads, Bridges and Ferries received the
second reading, was agreed to, and was ordered to be returned to the
House of Representatives.
The House of Representatives returned to the Senate
A Bill creating a military establishment for the State of South Carolina,
and for other purposes. This Bill had been amended by the House of
Representatives on the third reading. The amendments were referred to
the Committee on Military and Pensions.
Mr. BARKER presented the report of the Committee on the Lunatic
Asylum and Medical Accounts,
WEDNESDAY, JANUARY 23, 1861.
223
On the report of the Medical Committee of the House, on the account of
Dr. F. Barton, for post mortem examination; also,
On a resolution, from the House, in relation to the call of physicians in
cases of inquest.
Mr. McKEWN presented the report of the same Committee,
On the report of the Medical Committee of the House, on the account of
Dr. D. C. Tompkins, for examining a pauper lunatic; all of which were
ordered for consideration to-morrow.
The following Bills received the second reading, were agreed to, and were
ordered to be returned to the House of Representatives:
A Bill to repeal an Act entitled "An Act to require and regulate the
granting of licenses to itinerant salesmen and travelling agents'
A Bill to amend the charter of the town of Georgetown in sundry partic¬
ulars.
A Bill to incorporate the Shoe and Leather Manufacturing Company,
received the third reading, was agreed to, the title changed, and sent to the
House of Representatives.
Mr. MOSES offered the following resolution; which was considered, and
agreed to, and a message was ordered :
Resolved, That a Committee be appointed for the examination of the
Bank of the State of South Carolina and its branches; and that a message
be sent to the House, asking the appointment of a like Committee, to acf
jointly with the Committee of the Senate.
Mr. HARRISON submitted the reports of the Committee on Claims and
Grievances,
On the account of the Clerk of the Senate, for stationery and other
expenses incidental to the removal of the Legislature to Charleston, &c.;
On a resolution of inquiry relative to compensation to Mrs. Edward B.
Davis, for a slave killed in the public service.
The reports were ordered for immediate consideration, and were agreed
to, and ordered to be sent to the House of Representatives for concurrence.
The report of the Committee on Offices and Officers, of the House of Rep¬
resentatives, appointing Magistrates and other local officers, was considered,
and a message was sent to the House of Representatives, asking leave to
amend the report, by adding the following:
For Lexington District:
Commissioner of Free Schools—U. X. Gunter.
For St. Peter's Parish :
J. H. Rushing, Magistrate, in place of D. A. Wamock, who refused to
qualify;
224
JOUENAL OF THE SENATE,
Alexander B. Addison, Magistrate, vice Wm. H. Shuman, resigned.
For Laurens District:
Kalph Gore, appointed Magistrate, vice Winder W. Hitch, removed from
the State;
Thomas Hill, Magistrate in the Spring Grove Beat.
For Chesterfield :
Thomas E. Powe, Magistrate.
At 8 o'clock, P. M., the Senate went into Executive Session, and so
remained until half-past 9, P. M., when the Executive Session adjourned.
The following appointments by the Governor were announced to have
been confirmed bj the Senate, and information thereof ordered to be sent
to the Governor:
Warren Adams, 1st Lieutenant 2d Infantry Company.
T. A. Huguenin,...
do.
2d
u
u
G. W. Earle,
do.
5th
u
it
E. DeTreville,
do.
3d
a
a
A. P. Butler,
3d
do.
6th
a
a
Alfred Ehett,
do.
2d
Artillery
a
T. B. Hayne,
2d
do.
1st
Infantry
a
Wm. Barnwell, Jr.,
...3d
do.
1st
(C
tt
S. D. Shannon,
2d'
do.
2d
u
iC
Mitchell King, Jr.,.
...3d
do.
2d
u
t(
D. G. Fleming,
.3d
do.
2d
Artillery
(C
Willis Wilkinson,..,
3d
do.
3d
Infantry
a
Duff G. Calhoun,....
3d
do.
4th
u
a
Allen Wardlaw,
3d
do.
5th
a
a
S. Sitgreaves,
3d
do.
1st
Artillery
a
E. Press Smith,
2d
do.
5th
Infantry
a
G. N. Eeynolds,
.2*1
do.
2d
Artillery
u
vice W. H. Gibbes, resigned.
Mr. HAMPTON submitted the report of the Committee on the new
State House,
On a resolution, from the House of Eepresentatives, in relation to the
furniture provided for the session of the General Assembly, in Charleston;
which was ordered for consideration to-morrow.
The following message was received from the House of Eepresentatives:
House op Eepresentatives, January 23, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to rescind the resolu¬
tion of the two Houses to adjourn the present session on Thursday, the 24th
THURSDAY, JANUARY 24, 1861.
225
inst. They also concur in the proposition of your body, fixing the adjourn¬
ment for Friday, 25th inst., at 5 o'clock, P. M.
By order of the House,
JAMES SIMONS, Speaker.
The PRESIDENT announced the following Committee to examine the
Bank of the State and its branches, under the resolutions adopted this
day, namely:
Eor the parent Bank, Messrs. Moses and Allen.
For the branch at Columbia, Messrs. Harrison and Manning.
For the branch at Camden, Messrs. Boykin and Barnes.
And a message was ordered to be sent to the House of Representatives
accordingly.
On motion of Mr. CANNON, it was ordered, that when the Senate ad¬
journs, it shall stand adjourned to meet to-morrow at 11 o'clock, A. M.
On motion of Mr. MAZYCK, the Senate adjourned at fifteen minutes to
10 o'clock, P. M.
[CHARLESTON.]
THURSDAY, JANUARY 24, 1861.
The Senate met at 11, A. M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
A Bill to raise supplies for the year commencing in October, one thou¬
sand eight hundred and sixty, was ordered to be sent to the House of Rep¬
resentatives.
The House of Representatives sent to the Senate,
A Bill to make appropriations for the year commencing in October, one
thousand eight hundred and sixty.
Certain amendments having been made by the House of Representatives,
on the third reading, the amendments, on motion of Mr. PALMER, were
referred to the Committee of the whole Senate, to sit forthwith.
The Senate then resolved itself into a Committee of the Whole, Mr.
MOSES,, the Senator from Sumter, in the Chair.
After some time spent therein, the Committee rose; the PRESIDENT
resumed the Chair, and the Senate proceeded with business.
29
226
JOURNAL OF THE SENATE,
Mr. G ARLINGTON submitted the report of the Committee on Foreign
Affairs, on the report of the same Committee of the House of Represen¬
tatives, v
On the Governor's Messages, Nos. 1 and 4.
Mr. GARLINGTON offered the following resolution :
Resolved, That it be referred to the Special Joint Committee on Postal
Arrangements, to inquire and report what action it is most expedient to take
for the transportation and delivery of the mails in this State, in the event
that there should be a suspension of the present postal system within its
limits.
The resolution was considered, and agreed to, and the Committee was in¬
structed accordingly.
Mr. MOSES submitted the report of the Committee of the Whole,
On a Bill to make appropriations for the year commencing in October,
one thousand eight hundred and sixty; and pursuant to the recommenda¬
tions of the Committee, a message to the following effect was sent to the
House of Representatives, viz :
To restore the following in the third section : " five hundred dollars for
the purchase of books for the Court of Appeals," added by the House of
Representatives on the second reading, and stricken out by the House on
the third reading.
And, in the eighth section, to restore a four thousand dollars for the
salary of the Commissioner of the new State House," as agreed to by the
Senate, and which had been reduced to three thousand five hundred dollars
by the House of Representatives.
The Committee recommended that the Senate do concur in the amend¬
ment of the House, increasing the appropriation for military purposes, from
eight hundred and fifty thousand dollars to nine hundred and fifty thousand
dollars.
Mr. ALLEN moved that the appropriation be stricken out from the Bill;
which question was ordered to be decided by yeas and nays, and they are as
follows:
In the affirmative,
Mr. Allen.
Those who voted in the negative, are
Hon. W. I). Porter, President; Messrs. Alston, _ Appleby, Barker,
Barnes, Beaty, Blakeney, Boykin, Bryan, Bull, Cannon, Dantzler, DeLoach,
Fickling, Furman, Garlington, Hampton, Harrison, Heyward, Hope, Irby,
Johnson, Keitt, Lesesne, Manning, Marshall, Mazyck, McAliley, McCaw,
THURSDAY, JANUARY 24, 1861.
227
McKewn, Montgomery, Moses, B. G-. Palmer, S. W. Palmer, Sessions,
Sharpe, Ware, Watson and Wilson.
The Senate refused to strike out, and concurred in the amendment.
The Committee also recommended that the Senate do concur in the
amendment of the House, restoring thirty thousand dollars for dredging
the Maffit Channel; with an amendment, so that if agreed to, the amend¬
ment would read as follows :
" For dredging, deepening, or otherwise improving the Maffit Channel, as
appropriated at the last session of the Legislature, thirty thousand dollars;
to be drawn and expended as directed by the joint resolution passed at the
present session of the Legislature; the work to be conducted by the Com¬
missioners, under the advice of some competent engineer, now in the service
of the State, to be named by the Governor."
On the question of agreeing to the report, in this particular, the yeas and
nays were ordered, and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Alston, Barker, Boykin, Dantz-
ler, Fickling, Hampton, Harrison, Irby, Lesesne, Manning, Marshall,
McAliley, Montgomery, E. G. Palmer, S. W. Palmer, Rhett, Sharpe, and
Wilson.
Those who voted in the negative, are
Messrs. Allen, Appleby, Barnes, Beaty, Blakeney, Bryan, Bull, Cannon,
LeLoach, Furman, Garlington, Hart, Hey ward, Hope, Johnson, Keitt,
Mazyck, McCaw, McKewn, Moses, Sessions, Ware, and Watson.
In the affirmative, 19.
In the negative, 23.
The Senate therefore refused to agree, and a message was sent to the
House of Representatives, asking leave to strike out the appropriation.
A message was also sent to the House of Representatives, pursuant to
notice of suspension of the rule yesterday, asking leave to.increase the
compensation to the keeper of the Hibernian Hall for the present session,
from one hundred dollars to two hundred dollars.
The Bill was then suspended to await the return of the messages.
The following Bills were postponed to the next session :
A Bill to make the Surveyor General and his Deputies Magistrates, ex
officio ;
A Bill to authorize the formation of a Volunteer company of Light Ar¬
tillery, and to incorporate the same, by the name of the Waccamaw Light
Artillery;
A Bill to alter the time of holding the election for Ordinary of Ander¬
son District;
A Bill to incorporate the Palmetto Lyceum, of Charleston.
228
JOURNAL OF THE SENATE,
Mr. HARRISON submitted the report of the Committee on Claims and
Grievances, cn the report of the Committee on Claims of the House,
On the account of C. P. Pelham, for public printing; also,
On the account of R. A. McKnight, for public printing; also,
On the account of S. Brady; also,
On the account of Daniel II. Silcox ; also,
On the account of Courtney, Tennent & Co.; also,
On the accounts of David Lopez, Lambert & Howell, H. W. Kinsman
and J. G. Bailey; also,
On the account of George D. Grice; also,
On the account of P. M. Wallace, for pulic printing; also,
On the account of R. H. McDowell; also,
On the account of ££ The Southern Porcelain Company," for wares
furnished the House of Representatives ; also,
On the account of E. 0. Withington, for preparing an Index to Reports
and Resolutions of 1859; also.
On the account of *'£ The Edgefield Advertiser," for public printing; all
of which were ordered for consideration to-morrow.
Mr. E. G. PALMER submitted the report of the Committee on Agri¬
culture and Internal Improvements,
On the report of the Committee on Internal Improvements of the House,
upon the petition and counter petition for the removal of the Dam at
Grindal Shoals, in Pacolet River; all of which were ordered for considera¬
tion to-morrow.
The House of Representatives sent to the Senate the following:
A resolution appointing a Commissioner of Roads for York District, to
fill a vacancy in that Board; which was referred to the Committee on Roads
and Buildings;
A resolution appointing N. M. Cook Manager of Elections for Lancaster
District; which was referred to the Committee on Privileges and Elections;
The report of the Military Committee, on a resolution directing the dis¬
position of the late United States Arsenal; which was referred to the Com¬
mittee on the Military and Pensions;
A resolution in relation to Postal Arrangements; which was referred to
the Special Committee on Postal Arrangements;
The report of the Committee on Offices and Officers, on certain resolu¬
tions of inquiry as to the distribution of Acts and resolutions in the Clerks'
Offices; which was referred to the Committee on the Judiciary;
A resolution as to the adjournment of the February Term of the Court
of Equity; which was referred to the Committee on the Judiciary ;
A resolution in relation to the suspension of the Courts of the Northern
THURSDAY, JANUARY 24, 1861.
229
and Middle Circuits; which was referred to the Committee on the
Judiciary ;
Resolutions appointing sundry Magistrates for Union and York Districts,
and St. Peter's Parish and Sumterville; which was referred to the Com¬
mittee on Accounts and Vacant Offices.
The report of the Committee on Incorporations,
On the petition of the Erooks Cavalry, praying an act of incorporation;
and
The petition of the Palmetto Hussars, praying a charter; which was
referred to the Committee on Incorporations.
The report of the Committee on Claims,
On the account of Evans & Cogswell, for stationery; which was referred
to the Committee on Claims and Grievances. •
Resolutions instructing the Comptroller General in relation to Insurance
Offices; which was concurred in, and returned to the House of Represen¬
tatives ;
A resolution, declaratory and instructing, as to exceeding original appro¬
priations made by the General Assembly; which was referred to the Com¬
mittee on Finance and Banks; also,
A report and resolution on a national flag; which was referred to the
Committee on that subject.
Mr. G ARLINGTON submitted the following resolution ; which was con¬
sidered, and agreed to, and sent to the House of Representatives for con¬
currence :
Resolved, That in the event of the interruption or suspension of our
present mail facilities, the Governor of the State be authorized and
empowered to make provisional arrangements with contractors and others,
for the transportation and delivery of the mails, until otherwise directed by
law.
Agreed to, and sent to the House of Representatives for concurrence:
The twenty-third rule of the Senate was suspended for the remainder of
the session, pursuant to the motion of yesterday.
Mr. ALLEN gave notice, that to-morrow he will ask leave to introduce
A Bill to equalize the taxation on all description of property in this
State, by an ad valorem, duty of so much on every hundred dollars of the
value thereof.
The Senate proceeded to the
230
JOURNAL OF THE SENATE,
GENERAL ORDERS OF THE DAY.
The unfavorable report of the Committee on the Judiciary,
On a Bill, from the House of Representatives, to extend relief to debtors,
being before the Senate for consideration, Mr. HARRISON moved that
the report do lie on the table, and the Bill be taken up.
Mr. MAZYCK moved, as an amendment, that the Bill and report do lie
on the table.
This question was ordered to be decided by yeas and nays, and they are
as follows:
Those who voted in the affirmative, are
Hon. TV". D. Porter, President; Messrs. Allen, Appleby, Barker,
Boykin, Bryan, Bull, Dantzler, DeLoach, Fickling, Furman, Hampton,
Heyward, Lesesne, Mazyck, McAliley, McKewn, Moses, E. G. Palmer, S.
W. Palmer, Rhett and Wilson.
Those who voted in the negative, are
Messrs. Barnes, Beaty, Blakeney, Garlington, Harrison, Hart, Hope,
Irby, Keitt, Manning, Marshall, Montgomery, Sessions, Sharpe, Ware and
Watson.
In the affirmative, 22.
In the negative, 16.
The Bill and report were, therefore, ordered to lie on the table.
The following Bills received the second reading, were agreed to, and
were ordered to be returned to the House of Representatives:
A Bill to incorporate the village of Ninety-Six;
- A Bill to authorize the formation of a Yolunteer Company of Riflemen
within the limits of the Seventh Regiment, South Carolina Militia, and to
incorporate the same;
A Bill to amend an Act, entitled "An Act to afford increased facilities
for the administration of justice in Charleston District;"
A Bill to provide for the appointment of an additional Magistrate at
Bessantville, in All Saints' Parish. (The title of this Bill was amehded,
by striking out the words "at Bessantville;")
A Bill to authorize the appointment of a special Magistrate for the town
of Summerville, (the following words being added to the title: "and an
additional Magistrate for Lexington District.")
The following were concurred in, and returned to the House of Repre¬
sentatives :
The report of the Committee on the Military, of the House of Repre¬
sentatives,
On the report of the Board of Visitors for the State Military Academies,
for the year one thousand eight hundred and sixty.
THURSDAY, JANUARY 24, 1861.
231
The report of the Medical Committee of the House of Representatives,
On the account of Drs. Powell and Templeton, for post mortem examina¬
tions and medical attention to prisoners in jail.
Resolutions for discontinuing Sand Hill poll, in Barnwell District, and
for establishing a new election precinct in Greenville District.
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts,
On the account of Dr. W. Pettigrew, for a post mortem examination,
was agreed to, and ordered to be sent to the House of Representatives for
concurrence.
The General Orders were suspended.
, Mr. HAMPTON offered the following resolution :
Resolved, That the Ordnance Board be, and are hereby, authorized to
distribute such arms as they may deem proper to any troops of cavalry
which may, in the opinion of members of the Board, stand in need of arms.
The resolution was considered, and was agreed to, and was ordered to be
sent to the House of Representatives for concurrence.
On motion of Mr. MOSES, the Senate, at half-past 3 o'clock, P. M., sus¬
pended business until 7 o'clock, P. M.
RECESS.
*
The Senate resumed their proceedings at 7 o'clock, P. M.
Mr. BARKER submitted the report of the Committee on the Lunatic
Asylum and Medical Accounts, on the report of the Medical Committee of
the House,
On "A Bill to repeal certain Acts in relation to the Registration of
Births, Marriages and Deaths, in the State of South Carolina."
Mr. CANNON submitted the report of the Committee on Roads and
Buildings,
On a resolution, from the House, in relation to the several Boards of
Commissioners of Roads, Poor and Public Buildings.
Mr. McALILEY submitted the report of the Committee on Finance and
Banks,
On a Bill, from the House, to lend the name and credit of the State to
the Greenville and Columbia Railroad Company, in the readjustment of
their debt; also,
Oji the annual report of the President and Directors of the Bank of the
State, and on the report of the Committee of Ways and Means, of the
House, on the same subject-matter.
232
JOURNAL OF THE SENATE,
The House of Representatives sent to the Senate,
A resolution for the appointment of a Magistrate in Laurens District;
which was referred to the Committee on Accounts and Vacant Offices;
A resolution, containing certain instructions to the Committee on Postal
Affairs; which was referred to the Special Committee on Postal Affairs;
A resolution, instructing the Comptroller General to make inquiries rela¬
tive to the Banks; which was referred to the Committee on Finance and
Banks.
The House of Representatives returned to the Senate the following
papers, in which it had concurred :
A resolution relative to mileage ;
The report of the Committee on Agriculture and Internal Improvements,,
On the report of the Keowee and Tuckaseegee turnpike road;
The report of the same Committee,
On the report of the President of the State Agricultural Society.
The following message was received from the House of Representatives:
House oe Representatives, January 24, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to amend the report of
the Committee on Offices and Officers, by appointing, for Lexington Dis¬
trict, U. X. Gunter, Commissioner of Free Schools for said District; for St.
Peter's Parish, J. H. Rushing, Magistrate, in place of D. A. Warnock, who
refused to qualify, and Alexander B. Addison, Magistrate, vice Wm. H.
Shurman, resigned; for Laurens District, Ralph Gore, Magistrate, vice
Winder W. Hitch, removed from the State, and Thomas Hill, Magistrate,
in the Spring Grove Beat; and for Chesterfield District, Thomas E. Powe,
Jr., Magistrate.
By order of the House,
JAMES SIMONS, Speaker.
The report was amended pursuant to leave granted, and, as amended, was
concurred in and returned.
The following message was received from the House of Representatives:
House oe Representatives, January 23, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully informs your body that Mr. George A. Tren-
holm, a member of this House from the Parish of St. Philip and# St.
Michael, and Mr. Allan Macfarlan, a member of this House from the Dis¬
trict of Chesterfield, have been excused from serving on the Committee on
THURSDAY, JANUARY 24, 1861.
233
Postal Arrangements, on the part of this House, and that Mr. Richard
Yeadon, a member from the Parish of St. Philip and St. Michael, and Mr.
Robert B. Boylston, a member from Fairfield District, have been substituted
upon the said Committee, for those gentlemen, respectively.
By order of the House,
JAMES SIMONS, Speaker,
The following message was received from the House of Representatives:
House of Representatives, January 24,1861.
Mr. President, and Gentlemen of the Senate:
This House "respectfully informs your body, that the following gentlemen
have been appointed on Committees, to examine, on the part of this House,
the Bank of the State of South Carolina, at Charleston, and its Branches at
Columbia, Camden and Abbeville, respectively, to wit: to examine the Bank
at Charleston, Messrs. Carew, B. J? Johnson and Screven; to examine the
Branch at Columbia, Messrs. Buist Bookter and Ware; to examine the
Branch at Camden, Messrs. Fraser, Nelson and Gilmore; to examine the
Branch at Abbeville, Messrs. Butler, Lomax and Hayne. And this House
.respectfully requests the appointment by your body of similar Committees,
to act, on the part of your body, jointly with the House Committees above
named.
#By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and informed the House of Representatives that
Messrs. Moses and Allen had been appointed for the Parent Bank; Messrs.
Harrison and Manning, for the Branch at Columbia; Messrs. Boykin and
Barnes, for the Branch at Camden; Messrs. Marshall and Ware, for the
Branch at Abbeville ; and a message was returned accordingly.
The House of Representatives returned to the Senate a Bill to raise sup¬
plies for the year commencing in October, one thousand eight hundred and
sixty; certain amendments having been made by the House of Representa¬
tives on the third reading, the amendments were referred to the Committee of
the Whole Senate, which sat forthwith.
Mr. MOSES, the Senator from Sumter, was called to the Chair; and,
after some time spent therein, the Committee rose, the President resumed
the Chair, and the Senate proceeded with business.
The following message was received from the House of Representatives:
30
234
JOURNAL OP THE SENATE,
House of Representatives, January 24, 1861.
Mr. President, and. Gentlemen of the Senate:
This House respectfully informs your body that Mr. John Y. Moore, a
member from the District of Anderson, has been appointed one of the Com¬
mittee of this House, to examine the Branch of the Bank of the State of
South Carolina, at Columbia, in the place of Mr. Henry Buist, excused at
his request.
By order of the House,
JAMES SIMONS, Speaker.
The following message was received from the House of Representatives:
House of Representatives, January 24, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave'to your body to amend the Bill to
make appropriations for the year commencing in October, one thousand
eight hundred and sixty, by striking out, in the appropriations for the
keeper of the Hibernian Hall, in seventeenth line of first section, the word
"one" after the word "Hall," and inserting "two."
By order of the House,
JAMES SIMONS, Speaker.
The House of Representatives also sent to the Senate the following:
House of Representatives, January 24, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully declines to grant leave to your body to restore to
" a Bill to make appropriations for the year commencing in October, one
thousand eight hundred and sixty," the following, which was made by the
Senate on the second reading, and stricken out by this House on the third
reading, to wit: in the sixteenth line of third section, after the word " dol¬
lars," the words " five hundred dollars for the purchase of books for the
Court of Appeals." This House further respectfully refuses to grant leave
to your body to restore to the eighth section of the same Bill, in the thirty-
third line, the words " four thousand," which had been substituted by Senate
on the second reading, for the words "three thousand five hundred," and which
this House had stricken out on the third reading. This House further
refuses to grant leave to your body to strike out of the said Bill th^ follow¬
ing section, which was stricken out by Senate on second reading, and restored
by House on the third reading, to wit: " for dredging Maffit Channel, as
THURSDAY, JANUARY 24, 1861.
235
appropriated at the last session of the Legislature, thirty thousand dollars,
to be drawn and expended as directed by the joint resolution passed at the
present session of the Legislature."
By order of the House,
JAMES SIMONS, Spea7cer.
To this the Senate returned a message, insisting on asking leave in rela¬
tion to the Commmissioner's salary and the Maffit Channel, ajid asking
Committees of Conference; and informing the House, that on the first
named subject the Senate had appointed Messrs. Hampton, Wagner and
Cannon; and on the Maffit Channel, Messrs. Mazyck, Lesesne and Allen.
The vote on,the Maffit Channel was ordered to be decided by yeas and
nays, and they are as follows:
Those who voted in the affirmative, are
Hon.. W. D. Porter, President; Messrs. Barker, Blakeney, Bcykin,
Dantzler, Fickling, Hampton, Harrison, Hart, Irby, Lesesne, Manning,
Marshall, Montgomery, E. G. Palmer, S. W. Palmer, Rhett, Sharpe, Wag¬
ner and Wilson.
Those who voted in the negative, are
Messrs. Allen, Appleby, Barnes, Beaty, Bryan, Cannon, DeLoach, Fur-
, man, Garlington, Heyward, Hope, Johnson, Keitt, Mazyck, McAliley,
McKewn, Moses, Sessions, Simpson, Ware and Watson.
In the affirmative, 20.
In the negative, 21.
A message was also ordered to be sent to the House of Representatives,
asking leave to amend the Bill to make appropriations, by adding " for
Theodore Stark, Librarian and Keeper of the State House, the same per
diem and mileage as are allowed to members of the Legislature, and that
the President of the Senate do order his warrant on the Treasury for the
same."
Mr. WAGNER submitted the report of the Committee on Accounts and
Vacant Offices,
On resolutions, from the House of Representatives, appointing sundry
Magistrates for Union and York Districts, St. Peter's Parish, and Sumter-
ville; also,
On a resolution, from the House, on the appointment of a magistrate for
Laurens District. /
Mr. HARRISON submitted the report of the Committee on Claims and
Grievances, on the report of the Committee on Claims, of the House,
On the account of Evans & Cogswell.
Mr. MOSES submitted the report of the Special Committee of the
Senate,
236
JOURNAL OF THE SENATE,
On the resolution of the House as to a national flag; also,
The report of the Committee on the Judiciary,
On a resolution of the House in relation to the suspension of the Courts
on the Northern and Middle Circuits; also,
Of same Committee on a resolution of the House to suspend the Spring
Courts on the Eastern Circuit, and the Third Equity Circuit; also,
Of same Committee on the resolution of the House as to the inex¬
pediency of holding the February term of the Court of Equity for Charles¬
ton District ; all of which were ordered for consideration to-morrow.
Mr. MOSES submitted the following report:
The Committee of the Whole, to whom was referred a Bill to raise sup¬
plies for the year commencing in October, one thousand eight hundred and
sixty, ask leave to report,
That they have considered the same, and recommend that the Senate
refuse to concur in the amendment striking out the first section of the Bill
as it went from the Senate, and inserting the words in said section which
were in the Bill when it came to Senate for a second reading.
That the Senate concur in a subsequent part of the Bill, inserting
" twenty ;" and, in the same line, striking out " October," and inserting
" December."
That the Senate refuse to concur in the amendment striking out the words
" no more in amount than the sum received by them for the collection of
the taxes for the last fiscal year," and inserting " the rate of sixty-five per
cent, of the commissions now allowed them by law."
That the Senate refuse to concur in the amendment striking out the word
" four" in two places in a subsequent part of the Bill, and inserting
" two" in the place thereof ; and in same part of the Bill, striking out
the word "two," which occurs in two places, and inserting "one" in
place thereof.
That the Senate refuse to concur in the amendment of the House,
striking out the amendment of the Senate, marked " D," commencing with
the words, " That it shall be lawful for the President and Directors," &c.,
down to the words " drafts hereinbefore provided for," inclusive.
The Senate directed messages to be sent to the House of Representatives,
asking leave to amend the Bill, pursuant to the recommendations of the
Committee, in all particulars except the second—referring to inserting
"twenty;" and in the same line striking out "October," and inserting
" December;" in which respect the Senate concurred in the amendment of
the House of Representatives.
At 9 o'clock, P. M., the Senate, pursuant to previous order, resolved
itself into Executive Session.
At half-past 11 o'clock, P. M., the Executive Session terminated.
FRIDAY, JANUARY 25, 186i. 287
On motion of Mr. MOSES, it was ordered, that when the Senate adjourns,
it shall stand adjourned to meet to-morrow, at 11 o'clock, A. M.
On motion of «Mr. WILSON, the Senate adjourned at twenty-five
minutes to 12, midnight.
[CHARLESTON.]
FRIDAY, JANUARY 25, 1861.
The Senate met at 11, A. M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of yesterday.
Mr. MOSES submitted the report of the Committee on the Judiciary, on
the report of the Committee on Offices and Officers, of the House,
On certain resolutions of inquiry as to the distribution of Acts and Res¬
olutions in the Clerks' offices.
Mr. McALILEY submitted the reports of the Committee on Finance and
Banks,
On a resolution instructing the Comptroller General to institute a certain
inquiry; also,
Of the same Committee, on a resolution declaratory and instructing as
to exceeding original appropriations made by the General Assembly.
The reports were considered, and the House reports were concurred in,
and returned to the House of Representatives.
Mr. MOSES submitted the report of the Committee on the Judiciary,
On the report of the Commissioner of the Code; which was ordered for
consideration at the next session of the Legislature.
The House of Representatives returned to the Senate the following Acts :
An Act to establish a Corps of Military Engineers;
An Act to incorporate the " Shoe and Leather Manufacturing Company;"
which were referred to the Committee on Incorporations and Engrossed
Acts.
Mr. MOSES offered the following resolution ; which was considered, and
agreed to:
Resolved, That a Committee of two be appointed to wait upon his Excel¬
lency the Governor, and inform him that the General Assembly has passed
a resolution to adjourn its present session at 5 o'clock, this day, and to
ascertain if he desires the Senate to remain, to consider Executive matters.
238
JOURNAL OF THE SENATE,
Messrs. Moses and Sharpe were appointed the Committee.
A Bill to provide for the appointment and duties of officers connected
with the Customs, and for other purposes, was, on motion of Mr. MOSES,
postponed for consideration till the next session of the Legislature.
Mr. CANNON submitted the report of the Committee on Roads and
Buildings, on the report of the Committee on Roads, Bridges and Ferries of
the House,
On a resolution, whether the third section of the Act of 1783 is still of
force.
Also, of the same Committee,
On a resolution, from the House, appointing a Commissioner of Roads
for York District, to fill a vacancy in that Board.
The reports having been ordered for immediate consideration, the House
report and resolution were concurred in, and returned.
Mr. MARSHALL submitted the report of the Committee on Military
and Pensions,
On a resolution authorizing the Governor to pay certain officers and per¬
sons, &c.; also,
The report of the Committee on Military and Pensions, on the House
resolutions,
On the disposition of the late United States Arsenal; which were placed
in the General Orders of this day.
The Senate granted leave of absence to the Senators from Union and
Marion, from and after this day, at 2 o'clock, P. M.; the former in conse¬
quence of sickness in his family.
On the third reading,
A message was sent to the House, asking leave to restore to "a Bill to
amend the charter of the town of Georgetown in sundry particulars," the
amendment made by the Senate on the second reading, striking out Section
IV., and inserting all after the words, " that the said Town Council shall
have power," on sixth page, to bottom of page eleven, which was stricken
out by the House on the third reading.
And on the third reading,
A message was sent to the House, asking leave to restore the following,
to " a Bill to authorize the appointment of a special Magistrate for the town
of Summerville," to wit: after the word " Summerville," at end of title,
the words "and an additional Magistrate for Lexington District;" and,
after first section, all from the words "and be it further enacted;" which
amendments were made by the Senate on the second reading, and stricken
out by the House on the third reading.
Mr. MARSHALL submitted the report of the Committee on Military
and Pensions, on the amendments by the House of Representatives, to
Friday; January 25,1861.
239
A Bill creating a military establishment for the State, and for other
purposes, recommending that the Senate do not concur in the House
amendments; and
Mr. BRYAN submitted a report from the minority of the same Com¬
mittee, recommending concurrence in the House amendments.
Mr. G ARLINGTON moved that both reports do lie on the table, and
that the vote be taken on the amendments by the House; which were
ordered.
On the question of agreeing to the amendments of the House, the yeas
and nays were ordered to be taken, and they are as follows:
Those who voted in the affirmative, are
Hon. W. D. Porter, President; Messrs. Barker, Blakeney, Bryan,
DeLoach, Furman, Garlington, Hampton, Heyward, Irby, Lesesne, Mazyck,
McKewn, Moses, S. W. Palmer, E. G. Palmer, Rhett, Simpson, Ware, and
Wilson.
Those who voted in the negative, are
Messrs. Allen, Appleby, Barnes, Beaty, Boykin, Cannon, Harrison, Hart,
Hope, Keitt, Manning, Marshall, McAliley, McCaw, Montgomery, Sessions,
Sharpe, and Watson.
In the affirmative, 20.
In the negative, 18.
The amendments of the House were concurred in; and the Bill was
amended accordingly, received the third reading, and was passed; title
changed, and sent to the House of Representatives.
Mr. SIMPSON submitted the following report:
The Committee on Incorporations and Engrossed Acts ask leave to
report, that
An Act to establish a corps of Military Engineers has been engrossed,
and is ready for ratification.
On motion of Mr. SIMPSON, a message was sent to the House of Rep¬
resentatives, inviting that House to attend in the Senate Chamber, at 2
o'clock, P. M., this day, for the purpose of ratifying this Act.
On motion of Mr. MOSES, a message was also sent to the House of
Representatives, asking leave to rescind the resolution for the adjournment
of the General Assembly, and proposing that the adjournment be fixed for
Saturday, 26th instant, at 6 o'clock, P. M.
The following message was received from the House of Representatives:
House of Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to the Senate to restore the follow¬
ing amendment to "a Bill to authorize the_appointment of a Special
240
JOURNAL OF THE SENATE,
Magistrate for the town of Summerville," to wit: after the word 1 Sum¬
merville/ in the title of said Bill, insert "and an additional Magistrate for
Lexington District;" and after the word "Magistrate," at the end of the said
Bill, insert " And be it further enacted by the authority aforesaid, that an
additional Magistrate for Beat Number One, of Upper Battalion, Fifteenth
Regiment, in Lexington District, be appointed, and that U. X, Gunter be
appointed such Magistrate, with all the powers, rights and privileges now
pertaining to such officers;" which amendments were made by the Senate
on the second reading, and stricken out by the House on the third reading.
By order of the House,
JAMES SIMONS, Speaker.
The Bill was amended pursuant to leave granted, and received the third
reading; was passed, title changed, and ordered to be returned to the House
of Representatives.
The fallowing message was received from the House of Representatives :
House oe Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully insists upon refusing to grant leave to your body
to amend " A Bill to make appropriations f:r the year commencing in Oc¬
tober, 1860," by restoring the words " four thousand dollars," for the salary
of James Jones, Commissioner of the new State House; which words were
stricken out by the House on the third reading, and " thirty-five hundred
dollars," substituted therefor. The House also respectfully refuses leave to
your body to strike ou-t the appropriation " for dredging Maffit Channel,
thirty thousand dollars," which was stricken out by the Senate on the
second reading, and restored by the ITousc on the third reading. The
House concurs in the proposition of the Senate to appoint Committees of
Conference on these subjects, and have appointed Messrs. Shannon, Carew,
Peake, Cochran and Bookter. a Committee, on .the part of this House, to
act jointly with the Committee of the Senate, on the subject of the salary
of the Commissioner of the new State House; and Messrs. W. G. DeSaus-
sure, Yeadon, Maxwell, Lowndes and Ryan, a Committee to act with the
the Senate Committee on the subject of dredging Maffit Channel.
By order of the House,
JAMES SIMONS, Speaker.
The following message was received from the House of Representatives :
FRIDAY, JANUARY 25, 1861.
241
House op Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to amend " A Bill to
make appropriations for th6 year commencing in October, one thousand
eight hundred and sixty," by adding, " for Theodore Stark, Librarian and
Keeper of the State House, the same pay and mileage as are allowed to
members of the Legislature," and that the President of the Senate be au¬
thorized to draw his warrant on the Treasury for the amount.
By order of the House,
JAMES SIMONS, Speaker.
The House of Representatives also sent to the Senate the following :
House of Representatives, January 25, 1861.
Mr. Presidentj and Gentlemen of the Senate:
This House respectfully asks leave of the Senate to amend the resolution
of the Senate, authorizing the Governor to purchase certain Steamers,
which was sent to this House by order the Senate, on the 22d instant, by
adding the following words thereto, to wit:
" Provided, That when Steamers are procured, they shall be taken in
lieu of those contemplated in a " Bill for the establishment of a Coast Po¬
lice," passed by this General Assembly at its present session. Provided,
further, That the cost of said Steamers shall not exceed the sum of one
hundred and fifty thousand dollars."
By order of the House,
JAMES SIMONS, Speaker.
The Senate returned a message granting leave.
The House of Representatives sent to the Senate the following message:
House of Representatives, January 25, 1861,
Mr. President, and Gentlemen of the Senate :
This House respectfully refuses leave to your body to restore the amend¬
ments to a " Bill to amend the charter of the town of Georgetown in sundry
particulars;" striking out "section IV.," and inserting after the words "legal
obligation," at end of "section III.," all from the words, "that the said
Town Council of Georgetown," in first line of page marked " 6," down to
the words " railroad companies," in eleventh line of page marked " 11,"
inclusive; which amendment was made fiy Senate on second reading, and
stricken out by House on third reading.
By order of the House,
JAMES SIMONS, Speaker.
31
242
JOURNAL OF THE SENATE,
The Senate returned a message, insisting on asking leave.
The Senate also appointed a Committee of Conference on the subject,
consisting of Messrs. Wilson, Heyward and Johnson, and requested the
House to appoint a similar committee.
The following message was received from the House of Representatives:
House oe Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully refuses to grant leave to your body to restore the
amendment to a " Bill to raise supplies for the year commencing in October,
one thousand eight hundred and sixty ;" striking out all after the enacting
clause, down to the words "express companies," at bottom of fifth page, and
inserting " Schedule A," herewith submitted ; which amendment was made
by Senate on second reading, and stricken out by the House on third reading.
This House refuses, also, to grant leave to your body to restore the amend¬
ment to same Bill, in eleventh line of eighth page, by striking out the words,
" at the rate of sixty-five per cent, of the commissions now allowed them by
law," and inserting the following, to wit: "no more in amount than the
sum received by them for the collection of taxes for the last fiscal year;"
which amendment was made by the Senate on the second reading, and
stricken out by House on third reading.
This House also refuses to grant leave to your body to restore to said Bill,
in ninth line, ninth page, the following, to wit: strikeout "two," and insert
"four;" and in tenth line, same page, strike out " one," and insert " two;"
also, in fifteenth line, same page, strike out "two," and insert "four;" and
in first line, tenth page, strike out " one," and insert " two;" all of which
amendments were made by the Senate on the second reading, and stricken
out by the House on third reading.
This House further refuses to grant leave to your body to restore the
amendment to said Bill, after the words " the sale thereof," in thirteenth
line of page 11, herewith submitted as " Schedule B;" which amendment
was made by Senate on second reading, and stricken out by House on third
reading.
By order of the House,
JAMES SIMONS, Speaker.
The Senate returned a message, insisting on asking leave.
The Senate also appointed a Committee of- Conference, consisting of
Messrs. Marshall, McAliley and Boykin; and a message was sent to the
House of Representatives, asking the appointment of a similar committee.
The House of Representatives sent to the Senate,
The following Bills, which had received three readings in that House:
FRIDAY, JANUARY 25, 1861.
243
A Bill to establish certain Roads, Bridges and Ferries, and to renew and
amend certain charters heretofore granted;
A Bill to alter and amend an Act entitled " An Act to make malicious
trespasses indictable ;"
A Bill to alter and amend the charter of the Hamburg and Edgefield
Plank Road Company;
A Bill to amend an Act entitled " An Act to convert the Arsenal, at
Columbia, and the Citadel and Magazine, in and near Charleston, into Mili¬
tary Schools;"
A Bill to amend the charter of the Laurens Railroad Company;
A Bill to incorporate the Presbyterian Church of Yorkville.
A Bill to alter the law in relation to Fish Sluices in Broad River;
A Bill to authorize the formation of a Volunteer Company of Riflemen
within the limits of the Seventh Regiment, South Carolina Militia, and to
incorporate the same;
A Bill to repeal the Acts of incorporation of the town of Blufiton;
A Bill to increase the number of Commissioners of Roads for Kingston
Parish, and for other purposes;
A Bill to provide for the appointment of an additional Magistrate in All
Saints' Parish;
• A Bill to repeal an Act entitled " An Act to require and regulate the
granting of licenses to itinerant salesmen and travelling agents;"
A Bill to amend the law in relation to house burning;
A Bill to authorize the appointment of a Special Magistrate for the town
of Summerville ;
A Bill to amend an Act entitled " An Act to afford increased facilities
for the administration of justice in Charleston District;"
A Bill to provide for the maintenance of a Police Guard in the town of
Georgetown;
A Bill to incorporate the village of Ninety-Six;
The Bills received the third reading, were passed, titles changed, and
returned to the House of Representatives.
The House of Representatives returned to the Senate the following Bills,
which had been amended in the House of Representatives, on the third
reading, and the amendments were referred, as follows :
A Bill to provide for the proper administration of the Admiralty and
Maritime Law in the State of South Carolina, and for other purposes; re¬
ferred to the Committee on the Judiciary;
A Bill to authorize the " Railroad Accommodation Wharf Company" to
construct a draw-bridge over Mazyckborough Creek; referred to the Com¬
mittee on Agriculture and Internal Improvements;
244
JOURNAL OF THE SENATE,
A Bill to increase the powers of Commissioners of Public Buildings ; re¬
ferred to the Committee on Roads and Buildings;
A Bill to authorize the formation of a volunteer company within the
limits of the Independent Battalion attached to the Thirteenth Regiment
of Infantry; referred to the Committee on Military and Pensions;
A Bill to authorize the formation of a new volunteer company, to be
called the " St. Paul's Rifles;" referred to the Committee on Military and
Pensions;
A Bill to renew and amend the charter of the town of Greenville; re¬
ferred to the Committee on Incorporations and Engrossed Acts.
The following resolutions, offered by the following gentlemen, were con¬
sidered and agreed to:
By Mr. ALLEN,
Resolved, That the Committee on Finance and Banks be instructed to
inquire, and if they deem it expedient, to report a Bill on the first day of
the next annual meeting of the General Assembly, to regulate and equalize
the system of assessing the value of all lands and stccks and other property
in this State, and to establish a direct and ad valorem tax of so much on
each hundred dollars of the value thereof.
By Mr. MOSES,
Resolved, That it be referred to the Committee on Finance and Banks
to inquire into the expediency of changing the mode of collecting the
general taxes, with a view to lessen the expense, and that they have leave
to report by Bill or otherwise, at the next session.
The House of Representatives sent to the Senate, a resolution returning
the thanks of the General Assembly unanimously to the officers and mem¬
bers of the Hibernian Society, for the use of their Hall during the present
sitting of the Legislature; which was concurred in, and returned to the
House of Representatives; and, also, .
The report of the Special Committee on Postal Arrangements; and, also,
A resolution to pay per diem and mileage to those appointed to examine
the Normal Schools; which were concurred in, and returned to the Plouse
of Representatives.
Mr. LESESNE submitted the report of the Committee on the Judiciary,
on the amendment to a Bill to provide for the proper administration of the
Admiralty and Maritime Law in the State of South Carolina, and for other
purposes, recommending concurrence.
The Bill received the third reading, was passed, title changed, and
returned to the House.
FRIDAY, JANUARY 25, 1861.
245
The House of Representatives returned to the Senate the following
papers, in which it had concurred :
The reports of the Committee on Claims and Grievances,
On the account of the Clerk of the Senate, for stationery and for other
expenses, incidental to the removal of the Legislature to Charleston;
Providing compensation to Mrs. Edward B. Davis, for a slave killed in
the public service;
Resolution for distributing arms to Cavalry companies;
Resolution in relation to Postal Arrangements.
Mr. CANNON submitted the report of the Committee on Roads and
Buildings,
On the amendments made by the House of Representatives to a Bill to
increase the powers of Commissioners of Public Buildings, recommending
concurrence.
The Bill received the third reading; was passed, the title changed, and
returned to the House of Representatives.
At half-past 2 o'clock, P. M., the following Message was received from
his Excellency the Governor :
STATE OF SOUTH CAROLINA,
Executive Department, January 25, 1861.
To the President and Members of the Senate:
I have received your Committee, appointed to inquire of me whether I
have any further communication to make which will require the con¬
tinuance of your body in Executive Session. I have to say that, at this
time, I have no communication to make that would render it necessary to
detain the Senate. F. W. PICKENS.
Mr. MARSHALL submitted the reports of the Committee on Military
and Pensions,
On the amendments made by the House of Representatives, on the third
reading, to the following Senate Bills, viz:
A Bill to authorize the formation of a Volunteer company within the
limits of the Independent Battalion attached to the Thirteenth Regiment
of Infantry; and on
A Bill to authorize the formation of a new Volunteer company, to be
called the St. Paul's Rifles.
The Committee recommended concurrence; the Bills received the third
reading; were passed, the titles changed, and returned to the House of
Representatives.
246
JOURNAL OF THE SENATE,
Mr. E. G. PALMER submitted the report of the Committee on Agri¬
culture and Internal Improvements,
On amendments by the House of Representatives to a Bill to authorize
the Railroad Accommodation Wharf Company to construct a draw-bridge
over Mazyckborough Creek.
The report recommends concurrence, and it was agreed to; the Bill was
passed; title changed, and sent to the House of Representatives.
Mr. WARE submitted the report of the Committee on Incorporations
and Engrossed Acts,
On a Bill to renew and amend the charter of the town of G-reenville.
The Committee recommend concurrence; the report was agreed to; the
Bill received the third reading, and was passed, title changed, and returned
to the House of Representatives.
The Senate proceeded to the
GENERAL ORDERS OF THE DAY.
The following reports were ordered to lie on the table:
The report of the Committee on Military and Pensions,
On the report of the Committee on Claims of the House of Represen¬
tatives, on the petition of citizens of Pickens District, praying that John
Calvin McDaniel be placed on the pension roll;
The report of the same Committee,
On the report of the Committee on the Military of the House of Repre¬
sentatives, on so much of the Governor's Message as referred to the John
Brown pike;
The two reports of the Special Committee of the Senate,
On the report and resolutions of the House of Representatives, on the
National Flag of South Carolina.
A message was sent to the House of Representatives, asking leave to
amend the report of the Special Committee of that House, on the Flag, as
follows: strike out all after the words "shall be," in the first resolution,
and insert "Red, with Palmetto of natural color, upright in the centre—
Blue Union, with white increscent."
The unfavorable report of the Committee on the Lunatic Asylum and
Medical Accounts,
On the report of the Medical Committee of the House of Representatives,
on the accounts of Drs. Malloy and Coit, for post mortem examinations, was
agreed to, and the House report was rejected.
The following reports were concurred in, and returned to the House of
Representatives:
FRIDAY, JANUARY 25, 1861.
247
The report of the Committee on Claims,
On the petition of sundry citizens of Pickens District, praying that John
Calvin McDaniel be placed on the pension roll of this State.
The reports of the Committee of Ways and Means,
On the petition of B. W. Force, to be refunded a double tax;
On a resolution of inquiry as to additional bonds to be given by tax col¬
lectors j
On the petition of J. A. Pettigrew, to be refunded a double tax;
On a resolution confirming extra expenditures by the Trustees of the
Normal School.
The General Orders were suspended.
Mr. HAMPTON submitted the report of the Committee of Conference,
on so much of the Bill to make appropriations as refers to the salary of the
Commissioner of the new State House.
The report was passed over for the present.
Leave of absence was granted to the Senator from Prince William, after
this day, and to the Senator from Anderson, after to-morrow.
The following message was received from the House of Representatives:
House of Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to rescind the joint
resolution of the General Assembly, by which the adjournment of the
Assembly was fixed for this day, at 5 o'clock, P. M. But this House
interposes, in proviso, that the period for the adjournment of this General
Assembly be fixed for Monday next, at 1 o'clock, P. M.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and returned a message accordingly.
On motion of Mr. HAMPTON, the Senate, at ten minutes to 4 o'clock,
P. M., suspended business until 7 o'clock, P. M.
RECESS.
At 7 o'clock, P. M., the PRESIDENT resumed the Chair, and the
Senate proceeded with business.
Mr. MAZYCK submitted a resolution for publishing the Census, with
the Acts and Resolutions; which was considered and agreed to, and sent to
the House of Representatives for concurrence.
The following reports were concurred in, and ordered to be returned to
the House of Representatives:
248
JOURNAL OF THE SENATE,
The reports of the Committee on Claims,
On the account of Courtney, Tennent & Co. ;
On the account of S Brady;
On the account of Daniel H. Silcox;
On the account of P. M. Wallace, for public printing;
On the account of George D. Grice ;
On the accounts of David Lopez, Lambert & Howell, H. W. Kinsman
and J. G. Bailey, for fitting up the Hall of the House of Representatives;
On the account of R. H. McDowell;
On the account of " The Southern Porcelain Company," for wares
furnished the House of Representatives;
On the account of the Edgefield Advertiser, for public printing;
On the account of C. P. Pelham, for public printing;
On the account of Evans & Cogswell, for stationery;
On the account of R. A. McKnight, for public printing;
A resolution instructing the Comptroller General to sell chairs, tables, &c.;
A resolution in relation to the several Boards of Commissioners of Roads,
Poor, and Public Buildings;
A resolution in relation to the call of Physicians, in cases of inquest;
A resolution for the appointment of Magistrates in Laurens District, to
fill vacancy;
Resolutions appointing sundry Magistrates for Union and York Districts,
and St. Peter's Parish, and Summerville;
A resolution in relation to the suspension of the Courts on the Northern
and Middle Circuits.
The report of the Committee on Internal Improvements,
On petition and counter petition for removal of dam at Grindal Shoals, in
Pacolet River.
The reports of the Medical Committee,
On the account of Dr. J. H. Lawrence, for post mortem examinations;
On the account of Dr. D. C. Tompkins, for the examination of a pauper
lunatic.
The report of the Committee on the Lunatic Asylum and Medical Ac¬
counts,
On a message from the House of Representatives, asking leave to amend
the report of the Committee on the Lunatic Asylum and Medical Accounts,
on the account of Dr. J. A. Harrell, for post mortem examination, was
agreed to, and a message was sent to the House of "Representatives granting
leave to the House to amend the report, by striking out fifty dollars, and
inserting forty dollars.
The report of the Committee on Claims and Grievances,
On the report of the Committee on Claims of the House, on the account
FRIDAY, JANUARY 25, 1861.
249
of E. 0. Withington, for preparing an Index to Reports, and Resolutions of
the year 1859, was recommitted, on motion of Mr. MOSES.
The report of the Committee on the new State House, on a resolution as
to the reduction of the number of sub-architects in the department of the
architect, (recommending that it is inexpedient at present to reduce the
number,) was agreed to.
The unfavorable report of the Committee on the Lunatic Asylum and
Medical Accounts,
On the report of the Medical Committee of the House of Representa¬
tives, on the account of Dr. W. F. Barton, for post mortem examination,
was agreed to, and the House report was rejected.
The Committee on Foreign Affairs was discharged from the further con¬
sideration of the report of the same Committee of the House of Represen¬
tatives, on Messages Nos. 1 and 4 of the Governor.
A message was sent to the House of Representatives, asking leave to
amend a resolution, providing for suspending Spring Term of Courts in
the Eastern Circuit, and third Equity Circuit, by adding the " Western
Circuit."
A message was sent to the House of Representatives, asking leave to
amend the resolution relative to the sittings of the February Term of the
Court of Equity, for Charleston, as follows :
Strike out all after the word " Resolved," and insert the following :
" That it is inexpedient, that at the February sitting of the Court of Equity
for the District of Charleston, the present year, any cases should be taken
up for trial, except by consent."
The report of the Committee on Finance and Banks, on the report of the
President and Directors of the Bank of the State, was ordered to lie on the
table.
The same Committee was discharged from the further consideration of
A Bill, from the House of Representatives, to lend the name and credit
of the Slate to the Greenville and Columbia Railroad Company, in the
readjustment of^their debt.
The report of the Committee on the Lunatic Asylum and Medical
Accounts, (recommending continuance to the next session) on
A Bill, from the House of Representatives, to repeal certain Acts in
relation to the registration of births, marriages and deaths, in the State of
South Carolina, was ordered to lie on the table, and the Bill received the
second reading, was agreed to, and was sent to the House of Representatives.
The unfavorable report of the Committee on Military and Pensions,
On a resolution for the pay of certain officers and other persons who
have been employed by the Governor in the present emergency of public
32
250
JOURNAL OF THE SENATE,
affairs, was ordered to lie on the table, and the resolution was agreed to,
and sent to the House of Representatives for concurrence.
The unfavorable report of the Committee on Military and Pensions,
On the report of the Military Committee of the House of Representa¬
tives, on a resolution directing the disposition of the late United States
Arsenal, was agreed to, and the House report was rejected.
The following message was received from the House of Representatives,
House op Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully refuses to grant leave to your body to amend
the report of the Joint Committee, appointed to consider what should he
the Flag or Ensign of South Carolina, by striking out all in the first reso¬
lution after the words " shall be," and inserting the following, to wit: " Red,
with Palmetto of natural color, upright in centre—Blue Union, with white
increscent thereon."
By order of the House,
JAMES SIMONS, Speaker.
The Senate returned a message, insisting on asking leave. The Senate
also appointed a Committee of Conference, consisting of Messrs. Moses,
Manning, Lesesne, Dantzler and Hampton, and requested the House to ap¬
point a similar committee.
The following messages were received from the House of Representa¬
tives :
House op Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully insists upon refusing to grant leave to your body
to amend " A Bill to raise supplies for the year commencing in October, one
thousand eight hundred and sixty," by striking out all after the enacting
clause, down to the words " express companies," and inserting " Schedule
A," herewith submitted.
This House also insists on refusing leave to your body to amend the same
Bill in the eleventh line of the eighth page, by striking out the words " at
the rate of sixty-five per cent, of the commissions now allowed by law," and
inserting the following, to wit: " no more in amount than," &c., as set forth
in the message from the Senate of this date.
This House also insists on refusing leave to your body to amend the same
Bill by striking out, in the ninth line and ninth page, " two," and inserting
" four;" and in tenth line, same page, striking out " one," and inserting
FRIDAY, JANUARY 25, 1861.
251
" two;" and also, in the fifteenth line, same page, by striking out "two,"
and inserting " four;" in the first line, tenth page, by striking out "one,"
and inserting " two."
This House also insists on refusing leave to your body to amend the same
Bill, by adding, after the words " the sale thereof," in the thirteenth line,
eleventh page, schedule marked " B ;" all of which amendments were made
by the Senate on the second reading, and stricken out by the House on the
third reading.
This House has appointed Messrs. W. G. DeSaussure, Read, Ryan, Kirk,
and Mullins, a Committee to act jointly with the Committee of your body
on the subject-matter of difference between the two Houses, as above set
forth.
By order of the House,
JAMES SIMONS, Speaker.
House of Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully insists upon refusing leave to your body to amend
" a Bill to amend the charter of the town of Georgetown in sundry partic¬
ulars," by striking out " section IV.," and inserting, after the words " legal
obligation," at the end of " section III.," all, from the words " that the said
Town Council of Georgetown," in the first line of page marked " 6," down
to the words " railroad companies," in the eleventh line of page marked
" 11," inclusive; which amendment was made by the Senate on the second
reading, and stricken out by the House on the third reading.
This House has appointed Messrs. Dozier, Weston, Farrow, Fraser and
O'Connor, a Committee to act jointly with the Senate Committee of confer¬
ence, upon the subject-matter of the said amendments.
By order of the House,
JAMES SIMONS, Speaker.
The following message was received from the Senate:
House of Representatives, January 25, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully informs your body, that they have agreed to the
report of the Joint Committee of Conference of Senate and House, on so
much of the " Bill to make appropriations for the year commencing in
October, one thousand eight hundred and sixty," as refers to the salary of
James Jones, Commissioner for the new State House, which report recom-
252
JOURNAL OF THE SENATE,
mends that the amendment of the Senate, appropriating four thousand dol¬
lars for the salary of that officer for the year one thousand eight hundred
and sixty, he concurred in by this House.
By order of the House,
JAMES SIMONS, Speaker.
The Bill was then amended, pursuant to the leave granted, and the
report of the Committee of Conference of the Senate, on the same subject.
Mr. LESESNE submitted the following report:
The Committee of Conference on the part of the Senate, to whom, in con¬
junction with a like Committee on the part of the House, was referred the
difference between the two Houses, respecting the clause in the general
appropriation Bill appropriating thirty thousand dollars for dredging Maf-
fit channel, ask leave to report,
That the two Committees met, and agreed to recommend that the clause
referred to he modified and amended, so as to read as follows: "For deep¬
ening or otherwise improving the Maffit channel, thirty thousand dollars, to
he drawn by and expended under the direction of a commission, to consist
of the following persons, viz : George A. Trenholm, Henry Gourdin, Geo.
N. Reynolds, Jr., Wilmot G. DeSaussure, F. J. Porcher, H. E. Yincent,
and the Mayor of Charleston, ex officio: Provided, That the work shall not
he resumed until Fort Sumter shall pass into the possession of the author¬
ities of the State, and all the troops of the United States shall be removed
from the harbor of Charleston.
The report was agreed to by the Senate.
The House of Representatives returned the following Acts; which were
committed to the Committee on Incorporations and Engrossed Acts, viz :
An Act to authorize the "Railroad Accommodation Wharf Company"
to construct a Draw Bridge over Mazyckborough Creek.
An Act to authorize the formation of a New Volunteer Company, to he
called the " St. Paul's Rifles."
An Act creating a Military Establishment for the State of South Carolina,
and for other purposes;
An Act to authorize the formation of a Volunteer Company within the
limits of the Independent Battalion attached to the Thirteenth Regiment of
Infantry;
An Act to alter the law in relation to Fish Sluices in Broad River;
An Act to amend the Charter of the Laurens Railroad Company;
An Act to increase the powers of Commissioners of Public Buildings.
SATURDAY, JANUARY 26, 1861. 258
The President announced that all the papers before the Senate had been
disposed of.
On motion of Mr. CANNON, the Senate adjourned at half-past 9 o'clock,
P. M.
[CH ARL-ESTON.]
SATURDAY, JANUARY 26, 1861.
The Senate met at 12, M.
The Clerk read the Journal of the proceedings of yesterday.
The House of Representatives returned to the Senate the following papers,
in which it had concurred :
Resolution authorizing the Governor to purchase certain steamers;
Resolution relative to the pay of certain officers and others, who have
been employed by the Governor;
Resolution for publishing the Census with the Acts and Resolutions.
Mr. HOPE submitted a resolution in relation to the causes which have
led the Southern States to secession; wffiich was referred to the Committee
on Foreign Affairs.
Mr. RHETT submitted the report of the Committee on the College,
Education, and Religion,
On a resolution, from the House of Representatives, to pay the joint com¬
mission to examine and report on the Normal School; and the resolution
was concurred in, and returned to the House of Representatives.
The Committee on Incorporations and Engrossed Acts was discharged
from the further consideration of the petition of the Brooks Cavalry, pray¬
ing a charter.
The Senate granted leave to Mr. KEITT to withdraw from its files the
account of Dr. W. F. Barton.
On motion of Mr. CANNON, the Senate took up from the table the re¬
port of the Committee on Roads and Buildings,
On the report of the Committee on Roads, Bridges and Ferries, of the
House of Representatives, on the report of Commissioners appointed to
assess damages to D. C. Tomkins, for injury to him by opening a road
through his land; and the report was concurred in, and returned to the
House of Representatives.
254
JOURNAL OF THE SENATE,
The Senate granted leave of absence to the Senator from Richland, after
this day.
The Committee on Claims and Grievances was discharged from the further
consideration of the report of the Committee on Claims, of the House of
Representatives,
On the petition of Elijah Zimmerman, asking the appointment of Com¬
missioners to assess damages incurred by the opening of a new road through
his land.
The following message was received from the House of Representatives:
House op Representatives, January 26, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully insists upon refusing leave to your body to amend
the report of the Joint Committee appointed "to consider what should.be
the Flag or Ensign of South Carolina," by striking out all in the first reso¬
lution after the words " shall be," and inserting the following, to wit: " Red,
with Palmetto of natural color, upright in centre—blue Union, with white
increscent thereon."
House has appointed Messrs. Weston, Rhett, Screven, Read and Coffin, a
Committee to act jointly with the Committee of the Senate, in conference on
this subject.
By order of the House,
JAMES SIMONS, Speaker.
Mr. LESESNE submitted a resolution for returning thanks to the Clario-
sophic and Chrestomethic Society for the use of their desks by the Senate
during the present session ; which was considered and agreed to.
The Senate granted leave of absence, after this day, to the Senator from
St. Thomas and St. Dennis.
Mr. HARRISON offered a resolution authorizing the Governor to tender
troops to Florida, if necessary; which was agreed to, and sent to the House
of Representatives for concurrence.
The PRESIDENT laid before the Senate a communication from Col.
John Cuningham, in reference to the proceedings of the Senate on the
subject of the Arsenal; which was ordered to lie on the table.
Mr. FICKLING submitted the report of the Committee on Privileges
and Elections,
On a resolution, from the House of Representatives, appointing N. M.
Cook manager of elections for Lancaster District.
The report was ordered for immediate consideration, and the resolution
was concurred in, and returned to the House of Representatives.
SATURDAY, JANUARY 26, 1861.
255
Mr. WILSON submitted the report of the Committee of Conference,
On a Bill to amend the charter of the town of Georgetown; and imme¬
diately thereafter, the following message was received from the House of
Representatives:
House oe Representatives, January 26, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully informs your body that they have agreed to the
report of the Joint Committee of Conference of the two Houses, to whom
was referred the matters of difference on the " Bill to amend the charter of
the town of Georgetown," &c.; by which report the following amendments
are recommended, to wit: at the bottom of the sixth page, insert after the
word " town," " a tax not to exceed five dollars;" and strike out the
following words, " such reasonable tax as they, the said Town Council, may
deem expedient." On the seventh page, four lines from the bottom, strike
out all the words of that section, beginning with the words u also,
annually;" strike out the fifth, sixth and eighth sections of the amended
Bill, and the fourth clause of the House Bill be restored.
By order of the House,
JAMES SIMONS, Speaker.
The Bill was amended pursuant to leave, received the third reading, was
passed, title changed, and returned to the House of Representatives.
The House of Representatives sent to the Senate, for concurrence,
A resolution for paying mileage to certain officers of the Senate and
House of Representatives; which was concurred in, and returned to the
House of Representatives.
The following message was received from the House of Representatives,
and was referred to the Committee on Incorporations and Engrossed Acts:
House oe Representatives, January 26, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully informs your body that an Act entitled " An Act
to afford increased facilities for the administration of justice in Charleston
District" is engrossed and ready for ratification.
By order of the House,
JAMES SIMONS, Speaker.
Mr. MOSES submitted the following report:
The Committee of Conference, on the part of the two Houses, appointed
to determine what shall be the national flag or ensign proper to be borne by
256
JOURNAL OF THE SENATE,
the State of South Carolina, have performed the duty assigned to them, and
beg leave to report the following resolutions:
1. Resolved, That from and after the adoption of these resolutions the
national flag or ensign of South Carolina shall be blue, with a golden
palmetto upright upon a white oval in the centre thereof, and a white
increscent in the upper flag-staff" corner of the flag.
2. Resolved, That these resolutions be communicated to his Excellency
the Governor, and that he be respectfully requested to publish and declare
this national flag or ensign to all whom it may concern.
Immediately thereafter, a message was received from the House of Rep¬
resentatives informing the Senate that the House had adopted the report of
its Committee on that subject. The resolution was then amended, and
concurred in, and returned to the House of Representatives.
The House of Representatives returned to the Senate the report of the
Committee on the Lunatic Asylum and Medical Accounts,
On the account of Dr. Jos. F. Harrell, for post mortem examination; in
which it had concurred.
The House of Representatives sent to the Senate,
A Bill to repeal certain Acts in relation to the Registration of Births,
Deaths and Marriages in the State of South Carolina; which received the
third reading, was passed, title changed, and returned to the House of Rep¬
resentatives.
On motion of Mr. MOSES, the Senate, at half-past 2 o'clock, suspended
business until 7 o'clock, P. M.
RECESS.
At 7 o'clock, P. M., the PRESIDENT resumed the Chair, and the Senate
proceeded with business.
The following message was received from the House of Representatives :
House of Representatives, January 26, 1861.
Mr. President, and, Gentlemen of the Senate:
This House respectfully refuses to grant leave to your body to amend the
resolution of the House, in relation to Spring Term of Courts, in the Eas¬
tern Circuit, and third Equity Circuit, by inserting the words "and Wes¬
tern," after the word " Eastern."
By order of the House,
JAMES SIMONS, Speaker.
The Senate did not insist, but concurred in the resolution, and ordered
it to be returned to the House of Representatives.
SATURDAY, JANUARY 26, 1861.
257
On motion of Mr. WILSON, the communication of Col. Cuningham,
relative to the United Sfftes Arsenal, was taken from the table.
Mr. BRYAN moved a reconsideration of the vote whereby the Senate
yesterday agreed to the report of the Committee on Military and Pensions,
on the report of the Committee on the Military, of the House of Represen¬
tatives, on a resolution relative to the United States Arsenal, and the same
was ordered.
Mr. BRYAN then offered the following resolution :
Resolved, That the report of the Committee on Military and Pensions, on
a resolution from the House, relating to the United States Arsenal, be
recommitted, with authority to send for persons and papers.
The resolution was considered, and agreed to; and the report was recom¬
mitted ; and,
On motion of Mr. BRYAN, the communication of Col. Cuningham was
again ordered to lie on the table.
On motion of Mr. HAMPTON, Judge Robertson, Commissioner from
Virginia, was invited to a seat in the Senate Chamber.
On motion of Mr. MOSES, the same courte-y was extended to the Hon.
Charles J. Williams, Speaker of the House of Representatives of Georgia,
and the Hon. Mr. Deloney, a member of the same House, and a Committee
was appointed to extend the invitation to them.
Messrs. Moses and Lesesne were appointed the Committee.
The following message was received from the House of Representatives :
House op Representatives, January 26, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully grants leave to your body to amend the House
resolution, in relation to the inexpediency of holding the February Term of
the Court of Equity, for Charleston District, by striking out all after the
word " Resolved," and inserting the following to wit: " It is inexpedient
that at the February sitting of the Court of Equity, for the District of
Charleston, the present year, any cases should be taken up for trial, except
by consent."
By order of the House,
JAMES SIMONS, Speaker.
The resolution was amended, pursuant to' leave granted; and as amended,,
was concurred in, and returned to the House of Representatives.
• The following message was received from the House of Representatives:
33
258
JOURNAL OF THE SENATE,
In the House of Representatives, January 26, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully informs your body that they have agreed to the
report of the Committee of Conference of the two Houses, on the subject
of the appropriation for dredging Maffit channel, which report recommends
the following amendment and alteration of the clause in question, to wit:
so as to read, u For deepening or otherwise improving the Maffit channel,
thirty thousand dollars, to be drawn by and expended under the direction
of the following Commission, viz: George A. Trenholm, Henry Gourdin,
George N. Reynolds, Jr., Wilmot G. DeSaussure, F. J. Porcher, H. E.
Vincent and the Mayor of Charleston, ex-officio. Provided, That the work
shall not be resumed until Fort Sumter shall pass into the possession of the
authorities of the State, and all the troops of the United States shall be
removed from the Harbor of Charleston."
By order of the House,
JAMES SIMONS, Speaker.
The BilVwas amended, pursuant to leave granted, and received the third
reading, and was passed; the title changed, and it was returned the House
of Representatives.
Mr. SIMPSON submitted the following report:
The Committee on Incorporations and Engrossed Acts, to whom was
referred a message from the House, informing the Senate that an Act
entitled " An Act to1 afford increased facilities for the administration of
justice in Charleston District," ask leave to recommend that a message be
sent to the House of Representatives, inviting that body to attend in the
Senate Chamber at 8 o'clock, to join in the ratification of said Act.
Also, to ratify An Act to establish a Corps of Military Engineers.
A message was accordingly sent to the House of Representatives, inviting
the House in the Senate chamber at 8 o'clock, P. M., to ratify the Acts.
The House of Representatives immediately returned an acceptance of
the invitation; and at the hour named, the Speaker and members of the
House of Representatives appeared in the Senate Chamber, and the Acts
were ratified in the presence of the members of the General Assembly.
The House of Representatives sent to the Senate, the report of the Com¬
mittee on Claims,
On the account of the Clerk of the House of Representatives, for certain
expenses incidental to the removal of the Legislature to Charleston; which
was concurred in, and returned to the House of Representatives.
On motion of Mr. FICKLING, the reports of the Committee on
Privileges and Elections, and of the minority of the same Conmittee, in
MONDAY, JANUARY 28, 1861.
259
relation to the right of voting more than once at the same general election,
were continued to the next regular Session of the Legislature.
Mr. MARSHALL submitted the following report:
The Committee appointed on the part of the Senate, to meet in conference
a Committee of the House, upon certain amendments proposed by the Senate
to a Bill to raise supplies for the year commencing'in October, one thousand
eight hundred and sixty, report:
That after a full interchange of the views entertained by both Houses,
the Committee have agreed upon the plan hereinafter proposed, to wit: To
amend the first section, by striking out all after the enacting clause, and
inserting in lieu thereof, the schedule herewith filed, marked " A." To
amend the eighth section, by striking out " sixty-five," and inserting in
lieu thereof, " eighty," at the third line. To amend the tenth, by striking
out " two thousand," in the third and tenth lines, and inserting in lieu
thereof, " four thousand five hundred." And in the same section, to amend
the fourth and eleventh lines, by striking out " one thousand," and insert¬
ing in lieu thereof, "two thousand five hundred;" and that the schedule
herewith filed, marked " B," be added as additional sections.
The report was agreed to, and a message was received from the House of
Representatives, granting leave to the Senate to amend the Bill accordingly.
The Bill was then amended; the third reading was concluded ; the Bill
was passed, title changed, and returned to the House of Representatives.
The House of Representatives returned to the Senate an Act to renew
and amend the charter of the town of G-reenville; and it was referred to
the Committee on Incorporations and Engrossed Acts.
On motion of Mr. MOSES, it was ordered, that when the Senate adjourns,
it shall stand adjourned to meet on Monday, at 10 o'clock, A. M.
On motion of the same gentleman, the Senate adjourned at fifteen
minutes to 9 o'clock, P. M.
MONDAY, JANUARY 28, 1861.
The Senate met at 10, A. M., pursuant to adjournment.
The Clerk read the Journal of the proceedings of Saturday.
Mr. SIMPSON, from the Committee on Incorporations and Engrossed
Acts, reported that the Acts which had been passed by the General
26CI JOURNAL OF THE SENATE,
Assembly at the present session had been engrossed, and were now ready to
he ratified ; whereupon a message was sent to the House of Representatives,
inviting that House to attend, at 11 o'clock, A. M., in the Senate Chamber,
for the purpose of ratifying the Acts. Immediately thereafter, the follow¬
ing message was received from the House of Representatives:
House of Representatives, January 28, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully accepts the invitation of the Senate, to ratify
the Acts, which have been passed at the present session of the General
Assembly, at 11 o'clock, A. M., this day.
By order of the House,
JAMES SIMONS, Speaker.
Mr. SHARPE, for Mr. Harrison, submitted the report of the Com¬
mittee on Claims and Grievances,
On the recommitted report of that Committee on the report of the
Committee on Claims, of the House of Representatives,
» On the account of E. 0. Withington, for indexing the Reports and
Resolutions passed by the Legislature in 1859; which was placed in the
General Order of this day.
The House of Representatives sent to the Senate, a message informing
the Senate that certain Acts which had been passed had been ratified.
The message was ordered to lie on the table.
The House of Representatives sent to the Senate,
A resolution for rescinding so much of the resolution for the adjournment
of this General Assembly, this day, as fixed the hour at 1 o'clock, P. M.
The resolution was concurred in, and returned to the IJouse of Repre¬
sentatives.
The House of Representatives also sent to the Senate,
A resolution relative t<? the secession of Louisiana; which was concurred
in, and returned to the House of Representatives.
At 11 o'clock, A. M., the Speaker and members of the House of Repre¬
sentatives appeared in the Senate Chamber, and the ratification of the Acts
was commenced; and, after some time spent therein, a message was
announced from his Excellency the Governor. The President of the
Senate having made the announcement, the Speaker and members of the
House of Representatives retired; and a message was sent to the House of
Representatives, asking leave, to suspend the ratification of the Acts.
The House of Representatives returned the following:
MONDAY, JANUARY 28, 1861.
261
House of Representatives, January 28, 1861.
Mr. President, and Gentlemen of the Senate :
This House respectfully grants leave to your body to suspend the ratifica¬
tion of the Acts of the General Assembly, for the reason and purpose
indicated in the message from the Senate of this date.
By order of the House,
JAMES SIMONS, Speaker.
The Senate then went into secret session, and when the session termi¬
nated, it was announced that the seal of secrecy was removed from a com¬
munication from the Governor, relative to resolutions and a Commissioner
from Virginia.
Mr. GARLINGTON offered the following resolutions, which were con¬
sidered and agreed to, and ordered to be sent to the House of Representa¬
tives for concurrence :
Resolved, unanimously, That the General Assembly of South Carolina
tenders to the Legislature of Virginia their acknowledgements of the
friendly1 motives which have inspired the mission intrusted to the Hon.>
Judge Robertson, her Commissioner.
Resolved, unanimously, That the candor which is due to the long-con¬
tinued sympathy and respect which has subsisted between Virginia and
South Carolina, induces this General Assembly to declare with frankness
that they do not deem it advisable to initiate negotiations, when they have
no desire or intention to promote the ultimate object in view; that object
is declared in the resolutions of the Legislature of Virginia to be the pro¬
curement of amendments, or new guarantees, to the Constitution of the
United States.
Resolved, undnimously, That the separation of the State of South Caro¬
lina from the Federal Union is final, and she has no further interest in the
Constitution of the United States; and that the only appropriate negotia¬
tions between her and the Federal Government, are as to their mutual rela¬
tions as foreign States.
Resolved, unanimously, That this General Assembly further owes it to
her friendly relations with the State of Virginia, to declare that they have
no confidence in the Federal Government of the United States; that the
most solemn pledges of that Government have been disregarded; that, under
pretence of preserving property, hostile troops have been attempted to be
introduced into one of the fortresses of this State, concealed in the hold of
a vessel of commerce, with a view to subjugate the people of this State;
and that even since the authorities at Washington have been informed of
262
JOURNAL OF THE SENATE,
the present mediation of Virginia, a vessel of war has been sent to the
South with troops and munitions of war, concentrated on the soil of Virginia.
Resolved, unanimously, That under these circumstances this General
Assembly, with renewed assurances of their cordial respect and esteem for
the people of Virginia, and of high consideration for the Commissioner
whom they have sent, declines entering into the proposed negotiations.
It was also announced that the following appointments by the Governor
had been confirmed, to wit:
For the Regiment of Enlisted Men.
J. H. Anderson, for Colonel.
Barnard E. Bee, Lieutenant Colonel.
Corps of Engineers.
Walter Gwynne, for Major.
E. B. White, Captain.
J. H. Trapier, Captain.
Francis D. Lee, 1st Lieutenant.
Geo. W. Earle, 1st Lieutenant.
John McCready, 1st Lieutenant.
J. White Gregorie, 1st Lieutenant.
The following message was received from the House of Representatives:
House or Representatives, January 28, 1861.
Mr. President, and Gentlemen of the Senate:
This House respectfully asks leave of your body to amend Senate's reso¬
lution in relation to the Message, No. 11, of his Excellency the Governor,
and accompanying documents, by striking out all after the words " Resolved,"
and inserting the following: "That his Excellency the Governor be, and
he is hereby, requested to transmit to the Governors of the slaveholding
States, as soon as practicable after the termination of the mission of I. W.
Hayne, Esq., to Washington, so much of the correspondence connected
with it as will give a proper understanding of all the facts in relation there¬
to; and that the Governor be requested, as soon as in his judgment it may
be compatible with the public interest, to publish the whole of the corres¬
pondence."
By order of the House,
JAMES SIMONS, Speaker,
MONDAY, JANUARY 28, 1861.
263
The Senate concurred, and returned a message accordingly.
A message was sent to the House of Representatives proposing to resume
the ratification of the Acts forthwith.
At 3 o'clock, P. M., on motion of Mr. CANNON, the Senate sus¬
pended business until 6 o'clock, P. M.
RECESS.
At 6 o'clock, P. M., the PRESIDENT resumed the Chair, and the
Senate proceeded with business.
The Senate granted leave of absence to A. D. Gaillard, messenger, for
the remainder of the session, on account of sickness in his family.
The following message was received from the House of Representatives:
House op Representatives, January 28, 1861.
Mr. President, and Gentlemen of the Senate:
The House of Representatives respectfully accept the invitation of the
Senate, to attend in the Senate Chamber forthwith, to finish the ratification
of the Acts passed at the present session of the G-eneral Assembly.
By order of the House,
JAMES SIMONS, Speaker.
Immediately thereafter, the Speaker and members of the House of
Representatives appeared in the Senate Chamber, when the following"Acts
were duly ratified in the presence of both branches of the General
Assembly:
acts originating in the senate.
An Act to authorize the formation of a New Volunteer Company
of Infantry within the limits of the Twenty-Sixth Regiment of South
Carolina Militia, to be called the "Chester Rifles," and to incorporate the
same;
An Act to lend the name and credit of the State to the Greenville and
Columbia Railroad Company, in the readjustment of their debt;
An Act to declare a certain portion of Four Holes Creek a navigable
stream;
An Act to incorporate the Central Railroad Company of South Carolina;
An Act to incorporate the Citizens' Line Railway Company of Charleston,
South Carolina j
An Act to incorporate the Barnwell Railroad Company;
An Act to incorporate the Presbyterian Church of Aiken;
An Act to incorporate the Charleston City Railway Company of South
Carolina;
264
JOURNAL OF THE SENATE,
An Act to incorporate the Bennettsville and Society Hill Railroad
Company;
An Act to incorporate the Buford's Bridge Railroad Company;
An Act to incorporate the Greenville Gas Light Company;
An Act to incorporate the New Building and Loan Association;
An Act to amend the Charter of the Town of Sumter;
An Act to amend an Act entitled "An Act tt> enlarge and extend the
powers of the Governor, and of the City Council of Charleston, over Quar¬
antine, and for other purposes," passed on the twentieth day of December,
in the year of our Lord one thousand eight hundred and thirty-two;
An Act to incorporate the West Point Mill Company;
An Act to authorize the formation of a new Volunteer Company of In¬
fantry within the limits of the Fifteenth Regiment of South Carolina
Militia, to be called the "Lexington Volunteer Rifle Company," and to
incorporate the same; and to authorize the formation of certain other new
Volunteer Companies, and for other purposes;
An Act to incorporate the Shoe and Leather Manufacturing Company;
An Act to authorize the formation of a Volunteer Company within the •
limits of the Independent Battalion attached to the Thirteenth Regiment
of Infantry;
An Act creating a Military Establishment for the State of South Caro¬
lina., and for other purposes;
An-Act to renew and amend the Charter of the Town of Greenville;
An Act to amend the charter of the Laurens Railroad Company;
An Act to authorize the formation of a new Volunteer Company, to be
called the St. Paul's Rifles;
An Act to alter the law in relation to Fist Sluices in Broad River;
An Act to increase the powers of Commissioners of Public Buildings,
An Act to authorize the Railroad Accommodation Wharf Company to
construct a draw-bridge over Mazyckborough Creek.
ACTS ORIGINATING IN THE HOUSE OF REPRESENTATIVES.
An Act to incorporate certain Societies, Associations and Companies, and
to renew and amend the charters of others;
An Act to incorporate Ninety-Six Church;
An Act to prescribe the form of Permits for Slaves to be absent from
the owner's premises;
An Act to authorize the formation of a Troop of Cavalry at Spartanburg
Village, to be received into the Upper Squadron, Ninth Regiment, Fifth
Brigade, of South Carolina Cavalry, and to incorporate the same; •
MONDAY, JANUARY 28, 1861.
265
An Act to repeal the seventh section of an Act entitled " An Act for the
more effectual relief of Insolvent Debtors, and for other purposes,".passed
the seventh day of April, one thousand seven hundred and fifty-nine;
An Act to amend the Charter of the Georgetown Railroad Company, so
as to authorize the said Company to extend their road to Bishopville, in
Sumter District, and to reduce the amount of Stock necessary to be held
by any(one before becoming a Director of Officer in said Company;
An Act to incorporate the Due West Female College ;
An Act to amend and renew the Charter of Grace Church, Charleston;
An Act to vest in certain persons all the right, title and interest of the
State, by Escheat, in and to "certain property;
An Act to provide a Patrol and Military Guard for the City of Charleston,
and for other purposes;
An Act to. provide for compensation to owners of property taken for
public purposes;
An Act to alter and amend the law in relation to the method of counting
votes in all elections by the people;
An Act to afford aid in the construction of the Georgetown Railroad;
An Act to incorporate the "Calhoun Guards;"
An .Act to incorporate certain religious and charitable societies, and
societies for the advancement of education, and to renew and amend the
charters of others heretofore granted;
An Act to incorporate certain towns and villages, and to renew and atnend
certain charters heretofore granted ;
An Act to repeal an Act entitled " An Act to require and regulate the
granting of licenses to itinerant salesmen and travelling agents;"
An Act to establish certain roads, bridges and ferries, and to renew and
amend certain charters heretofore granted;
An Act to alter and amend an Act entitled "An Act to make malicious
trespasses indictable;"
An Act to incorporate the village of Ninety-Six ;
An Act to provide for the appointment of an additional Magistrate in All
Saints' Parish;
An Act to authorize the appointment of a Special Magistrate for the town
of Summcrville, and an additional Magistrate for Lexington District;
An Act to authorize the formation of a volunteer company of Riflemen
within the limits of the Seventh Regiment, South Carolina Militia, and to
incorporate the same;
* An Act to amend the law in relation to house burning;
An Act to amend an Act entitled "An Act to convert the Arsenal at
Columbia, and the Citadel and Magazine in and near Charleston, into Mili_
tary Schools;"
34
266
JOURNAL OF THE SENATE,
An Act to repeal certain Acts in relation to the Registration of Births,
Marriages and Deaths, in the State of South Carolina;
An Act to incorporate the Presbyterian Church of Yorkville;
An Act to increase the number of Commissioners of Roads for Kings¬
ton Parish, and for other purposes ;
An Act to provide for the maintenance of a Police Guard in the town oY
Georgetown;
An Act to provide for the proper administration of the Admiralty and
Maritime Law in the State of South Carolina, and for other purposes;
An Act to alter and amend the charter of the Hamburg and Edgefield
Plank Road Company;
An Act to repeal the Acts of incorporation of the town of Bluffton;
An Act to make appropriations for the year commencing in October, one
thousand eight hundred and sixty;
An Act to raise supplies for the year commencing in October, one thou¬
sand eight hundred and sixty ;
t An Act to amend the charter of the town of Georgetown, in sundry par¬
ticulars ; and
A Bill to alter and amend the Tenth Section of the first Article of the
Constitution of the State of South Carolina.
The following had been previously ratified :
An Act to provide an armed military force;
An Act to establish a corps of military engineers ;
An Act to amend an Act entitled " An Act to afford increased facilities
for the administration of justice in Charleston District ;"
An Act to authorize the issue of Bonds or Stock for continuing the con¬
struction of the new State House;
An Act for the establishment of a coast police for the State of South
Carolina;
An Act to authorize the issue of Certificates or Stock to provide for the
military defence of the State ; and
A Bill to alter and amend the third sectibn of the first article of the Con¬
stitution of this State.
The Senate considered the report of the Committee on Claims and
Grievances,
On the recommitted report of that Committee, on the 'report of the
Committee on Claims, ofi the House of Representatives,
On the account of E. 0. Withington, for preparing an index to the
Reports and Resolutions of the Legislature in 1859.
The report of the Committee of the Senate was agreed to, which recom¬
mends the following resolution :
MONDAY, JANUARY 28, 1861.
267
tResolved, That it be referred to the Committee on the Judiciary to
inquire, with leave to report at the next session, if any legislation is neces¬
sary in reference to the duty of preparing an index to the Reports and
Resolutions, the compensation to he paid therefpr, and to whom.
A message was also sent to the House of Representatives, asking leave to
strike out the resolution recommended by the Committee on Claims, of the
House of Representatives, on the above petition, which provides for the
payment hereafter of thirty dollars, for indexing the Reports and Resolu¬
tions, passed by the General Assembly.
The ^ Senate granted leave to Mr. KEITT to withdraw from its files the
account of Dr. R. Y. Dannelly.
The House of Representatives returned to the Senate, resolutions relative
to the mission of the Commissioner from Virginia, in which it had concurred.
, At 8 o'clock, P. M., the Senate went into Executive Session.
; At half-past 10 o'clock, P. M., the Executive Session terminated.
It was then announced that the Senate, in Executive Session, had recon¬
sidered the nomination of J. H. Anderson, for Colonel, and Barnard E.
Bee, as Lieutenant Colonel, of the Regiment of enlisted men, which
nominations had been confirmed this morning. .These nominations were
announced as being still under consideration.
It was also announced that R. G. M. Bunovant, as Brigadier General,
R. S.-Ripley, as Li.eutenant Colonel; W. D. DeSaussure, Major of Cavalry;
N. G. Evans, Senior Captain of Cavalry, had been confirmed by the Senate.
A communication from General R. G. M. Dunovant, resigning the office
of Adjutant and Inspector General, was laid before the Senate, and was
ordered to lie on the table.
It was also announced that the injunction of secrecy was removed from
the resolution adopted this day by both Houses relative to the message of
the Governor, on Fort Sumter, and the mission of Col. Hayne to Washing¬
ton.
Mr. WAGNER, from the Committee on Accounts and Vacant Offices,
reported the office of Adjutant and Inspector General vacant.
On motion of Mr. WACrNER, a message was sent to the House of Rep¬
resentatives, proposing to go forthwith into a ballot for Adjutant and Inspec¬
tor General.
The following-message was received from the House of Representatives :
House of Representatives, January 28, 1861.
Mr, President, and Gentlemen of the Senate :
This House respectfully requests the concurrence of your bodkin the
following alteration of the flag lately adopted by this General Assembly, to
268
JOURNAL OF THE SENATE,
wit: to dispense with the white medallion and golden palmetto, and in
their place to insert a white palmetto.
By order of the House,
JAMES SIMONS, Speaker.
The Senate concurred, and returned a message accordingly.
On motion of Mr. MARSHALL, the report of the Committee on Mili-
taiy and Pensions, on the report of the Committee on the Military of the
House of Representatives, relative to the United States Arsenal, was con¬
tinued to the next session.
On motion of Mr. MOSES, a message was sent to the House of Repre¬
sentatives, delivered orally by the Clerk, informing the House of Represen¬
tatives that the Senate had disposed of the business before it, and was now
ready to adjourn' the present session of the General Assembly sine die.
The Clerk of the Senate, on his return, stated that the Speaker of the
House of Representatives desired him to inform the Senate that the House
was unable, for want of a quorum, to return a similar message.
Mr. MOSES moved that the Senate do now adjourn.
The PRESIDENT announced that if the motion was carried, as no hour
for the adjournment had been fixed by the two Houses, the Senate, if it
adjourned, would stand adjourned sine die.
The motion for the adjournment was carried, and the President, at eleven
o'clock, P. M., announced the Senate adjourned sine die.
INDE X
TO THE
JOURNAL OF THE SENATE.
A.
PAGE
Artillery, First Regiment, petition relative to gun sheds... 8
Arnold, J. W., sheriff, account for blankets 9
Attorney General, Isaac W. Hayne, elected 33
Agricultural Society, State, report of 52
Abbeville Artillery, petition for arrears 69 •
B;
Bonneau, E. M., petition for renewal of certificate 7
Births, Deaths and Marriages, report of Registrar 29
BANK OF THE STATE OF SOUTH CAROLINA.
| Report, Annual 53
Private report 61
Election of President and Directors 180
Brown, Daniel, Trustee, petition to be refunded a double tax 156
Boylston, Hon. R. B., information of his election as Speaker pro tern.
of House of Representatives 107
BILLS. '
BILLS ORIGINATING IN THE SENATE—WlJICfe PASSED.
An Act to authorize the formation of a new Yolunteer Company of In¬
fantry within the limits of the Twenty-Sixth Regiment of South
Carolina Militia, to be, called the " Chester Rifles," and to incor¬
porate the same: 263
270
INDEX TO THE SENATE JOURNAL.
PAGE
An Act to lend the name and credit of the State to the Greenville and '
Columbia Railroad Company, in the readjustment of their debt... 263
An Act to declare a certain portion of Four Holes Creek a navigable
stream 263
An Act to incorporate the Central Railroad Company of South Caro¬
lina 263
An Act to incorporate the Citizens' Line Railway Company of Charles¬
ton, South Carolina ".. 263
An Act to incorporate the Barnwell Railroad Company 263
An Act to incorporate the Presbyterian Church of Aiken 263
An Act to incorporate the Charleston City Railway Company of South
Carolina 263
An Act to incorporate the Bennettsville and Society Hill Railroad
Company 264
An Act to incorporate the Buford's Bridge Railroad Company 264
An Act to incorporate the Greenville Gas Light Company 264
An Act to incorporate the New Building and Loan Association 264
An Act to amend the charter of the town of Sumter 264
An Act to amend an Act entitled "An Act to enlarge and extend the
powers of the Governor, and of the City Council of Charleston,
over Quarantine, and for other purposes/-' passed on the twentieth
day of December, in the year of our Lord one thousand eight hun¬
dred and thirty-two 264
An Act to incorporate the West Point Mill Company 264
An Act to authorize the formation of a new Volunteer Company of In¬
fantry within the limits of the Fifteenth Regiment of South Car¬
olina Militia, to be called the " Lexington Volunteer Rifle Com¬
pany," and to incorporate the same ; and to authorize the forma¬
tion of certain other new volunteer companies, and for other
purposes 264
An Act to incorporate the Shoe and Leather Manufacturing Company, 264
An Act to authorize the formation of a Volunteer Company within
the limits of the Independent Battalion attached to the Thirteenth
Regiment of Infantry 264
An Act creating a 'Military Establishment for the State of South Car¬
olina, and for other purposes 264
An Act to renew and amend the charter of the town of Greenville 264
An Act to amend the charter of the Laurens Railroad Company 264
An Act to authorize the formation of a new Volunteer Company, to be
called the St. Paul's Rifles 264
An Act to alter the law in relation to Fish Sluices in Broad River 264
INDEX TO THE SENATE JOURNAL. 271
PAGE
An Act to increase the powers of Commissioners of Public Buildings, 264
An Act to authorize the Railroad Accommodation Wharf Company to
construct a draw-bridge over Mazyckboro' Creek 264
BILLS ORIGINATING IN THE HOUSE OE REPRESENTATIVES—WHICH PASSED.
An Act to incorporate certain Societies, Associations and Companies,
and to renew and amend the charters of others.. 264
An Act to incorporate Ninety-Six Church 264
An Act to prescribe the form of Permits for Slaves to be absent from
the owner's premises 264
An Act to authorize the formation of a Troop of Cavalry at Spartan¬
burg Village, to be received into the Upper Squadron, Ninth Regi¬
ment, Fifth Brigade, of South Carolina Cavalry, and to incorporate
the same... 264
An Act to repeal the seventh section of an Act entitled "An Act for
the more effectual relief of Insolvent Debtors, and for other pur¬
poses," passed the seventh day of April, one thousand seven hun¬
dred and fifty-nine 265
An Act to amend the Charter of the Georgetown Railroad Company, so
as to authorize the said Company to extend their road to Bishop-
ville, in Sumter District, and to reduce the amount of Stock neces¬
sary to be held by any one before becoming a Director or Officer in
said Company 265
An Act to incorporate the Due West Female College .' 265
An Act to amend and renew the Charter of Grace Church, Charleston, 265
An Act to vest in certain persons all the right, title and interest of the
State, by Escheat, in and to certain property 265
An Act to provide a Patrol and Military Guard for the city of Charles¬
ton, and for other purposes 265
An Act to provide for compensation to owners of property taken for
public purposes 265
An Act to alter and amend the law in relation to the method of count¬
ing votes in all elections by the people 265
An Act to afford aid in the construction of the Georgetown Railroad... 265
An Act to incorporate the "Calhoun Guards" 265
An Act to incorporate certain religious and charitable societies, and so¬
cieties for the advancement of education, and to renew and amend
the charters of others heretofore granted .' 265
An Act to incorporate certain towns and villages, and to renew and
amend certain charters heretofore granted 265
272
INDEX TO THE SENATE JOURNAL.
PAGE
An Act to repeal an Act entitled "An Act to require and regulate the
granting of licenses to itinerant salesmen and travelling agents"... 265
An Act to establish certain roads, bridges and ferries, and to renew and
amend certain charters heretofore granted 265
An Act to alter and amend an Act entitled "An Act to make malicious
trespasses indictable" 265
An Act to incorporate the village of Ninety-six 265
An Act to provide for the appointment of an additional Magistrate in
All Saints' Parish 265
An Act to authorize the appointment of a Special Magistrate for the
town of Summerville, and an additional Magistrate for Lexington
District 265
An Act to authorize the formation of a volunteer company or Riflemen
within the limits of the Seventh Regiment, South Carolina Mili¬
tia, and to incorporate the same 265
An Act to amend the law in relation to house burning 265
An Act to amend an Act entitled "An Act to convert the Arsenal at
Columbia, and the Citadel and Magazine in and near Charleston,
into Military Schools" 265
An Act to repeal certain Acts in relation to the registration of Births,
Marriages and Deaths, in the State of South Carolina 266
An Act to incorporate the Presbyterian Church of Yorkville 266
An Act to increase the number of Commissioners of Roads for Kings¬
ton Parish, and for other purposes 266
An Act to provide for the maintenance of a Police Guard in the town
of Georgetown ? 266
An Act to provide for the proper administration of tl^e Admiralty and
Maritime Law in the State of South Carolina, and for other pur¬
poses 266
An Act to alter and amend the charter of the Hamburg and Edgefield
Plank Road Company 266
An Act to repeal the Acts of incorporation of the town of Bluffton 266
An Act to make appropriations for the year commencing in October,
one thousand eight hundred and sixty 1 266
An Act to raise supplies for the year commencing in October, one thou¬
sand eight hundred and sixty 266
An Act to amend the charter of the town of Georgetown, in sundry par¬
ticulars 266
A Bill to alter and amend the Tenth Section of the first Article of the
Constitution of the State of South Carolina 266
INDEX TO THE - SENATE JOURNAL.
278
BILLS ORIGINATING IN THE SENATE—NOT PASSED.
PAGE
A Bill to provide for the reception of volunteers 21
A Bill to require the Circuit Judges to send with their reports the
notes of evidence taken on the trial 37
A Bill to suspend, in part, the operation of the Usury Law 42
A Bill to provide for the compensation of witnesses in behalf of the
State 4. 79
A Bill to amend an Act entitled (i An Act to provide for a separate
Court of Appeals" 79
A Bill to repeal the laws against Usury 180
A Bill to dispense with the sittings of the Courts of Law and Equity
for a certain time 215, 222
A Bill to extend relief to debtors 231
A Bill to provide for the appointment and duties of officers connected
with the customs 238
A Bill to renew and amend the charter of Grrace Church, Charleston.. 48
A Bill to amend the law in relation to the sale and delivery of spirit¬
uous liquors to slaves and free persons of color 48
A Bill to alter the sittings of the Courts of Law on the Northern
Circuit , 54
A Bill to vest all the right and title of the State in and to certain lots
of land in the town of Cheraw, in Elizabeth Graham 55
A Bill to amend an Act entitled " An Act to establish a separate Court
of Appeals," ratified the 19th day of December, 1859 59
A Bill to amend the law in relation to limitation of actions 59
A Bill to incorporate the Presbyterian Church of Yorkville 62
A Bill to establish our Foreign Diplomacy -. 72
A Bill to alter and amend an Act entitled a An Act to reduce all Acts
and clauses of Acts in relation to the Patrol of this State into one
Act, and to alter and amend the same," passed in the year 1839... 72
A Bill to incorporate the St. Paul's Rifles 79
A Bill to alter and amend the second section of an Act entitled " An
Act to alter and amend the law in relation to fish sluices on the
Catawba and Wateree rivers, and for other purposes" 102
A Bill to authorize the appointment of an additional Magistrate for
Lexington, in Beats No. 1 and 2 of South Carolina Militia 151
A Bill to authorize the formation of a Volunteer Company of Light
Artillery, and to incorporate the same, by the name of the
Waccamaw Light Artillery 204
A Bill to dispense with the sittings of the Courts of Law for a certain
time 215, 222
35
274
INDEX TO THE SENATE JOURNAL.
BILLS ORIGINATING IN THE HOUSE OR REPRESENTATIVES—NOT PASSED.
PAGE
A Bill to increase the salary of the Governor of the State 81
A Bj)l to protect sheep husbandry 164
A Bill to repeal an Act entitled an Act to exempt teachers and stu¬
dents from the performance of road duty 168
A Bill to incorporate the York Gas Light Company 196
A Bill to amend the charter of the town of Anderson 196
A Bill to make the Surveyor General and his Deputies Magistrates,
ex officio 227
A Bill to authorize the formation of a Volunteer company of Light
Artillery, and to incorporate the same, by the name of the Wac- •
camaw Light Artillery 227
A Bill to alter the time of holding the election for Ordinary of Ander¬
son District 227
A Bill to incorporate the Palmetto Lyceum, of Charleston 227
A Bill to alter and amend the law in relation to the inspection of Flour 123
A Bill to repeal an Act entitled " An Act to exempt teachers and stu¬
dents from the performance of road duty 129
A Bill to alter and amend the charter of the town of Anderson in cer- •
tain particulars 156
C.
Committees, Standing, of Senate, announced 13
Clerk of Senate, W. E. Martin elected 8
accounts for stationery 87, 199
Special Report 173
Chesnut, Hon. James, Jr., resignation as Senator 21
COMMITTEES, SPECIAL.
on printing 6
on postal affairs. 32, 36
to nominate Bank Directors 53
on the Governor's accounts 68, 69
in relation to Commissioners from Alabama and Mississippi 106
on the inauguration of the Governor Ill
to wait on Hon. Caleb Cushing 126
on the Flag 194
on the Bank 233, 234
Chamber of Commerce. (See Usury Laws.)
INDEX TO THE SENATE JOURNAL. 275
PAGE
College Treasurer, account of. 27
Cdde, Commissioner on, communication from r 33
Report 65
Commissioners in Equity for certain Districts, elected .— 34
Comptroller General's Report for 1860 61
on contingent accounts 65
Chisholm, Robert, petition relative to exemption of certain lands 63
Convention, State, President of, invitation from 125
Communication from 153
Cuningbam, Col. Jobn, communication from 254
CHARLESTON CITY COUNCIL,
Petition relative to liquor laws 7
Report of Transient Poor 29
' Petition for restoration of Fire Guard 36
Petition in relation to Quarantine :i'i
CHURCHES, PETITIONS FOR CHARTER, &o.
Good Hope, Edgefield. 28
Trinity, Edgefield .' 278
Nazareth Evangelical Lutheran 34
Bethlehem Evangelical Lutheran 34
Salem Evangelical Lutheran 34
St. Mark's Lutheran Church 52
Mount Zion Lutheran Church 52
St. David's Lutheran Church 52
Tabernacle Camp Ground 52
D.
Dannelly, Dr. R. V., account withdrawn 267
Dunovant, General R. G. M., Adjutant and Inspector General,
resignation. 267
DISCHARGED COMMITTEES.
COMMITTEE ON THE JUDICIARY.
From presentments of the Grand Jury of Charleston 40
From presentments of the Grand Jury of Lancaster 45
From presentments of Grand Jury for Chesterfield and Charleston.. 65
276
INDEX TO THE SENATE JOURNAL.
PAGE
From petition of citizens of Summerville 151
From a Bill to appoint additional Magistrates 151
Frqm petition of Richard Williams and wife 200
PRIVILEGES AND ELECTIONS.
From presentments of Grand Jury of Sumter and Lancaster 42
From petition of Commissioners of Roads of Edgefield 180
From presentment of Grand Jury for Lancaster." 180
INCORPORATIONS AND ENGROSSED ACTS.
From petition of Lexington Volunteer Rifle Company 42
From petition of Town Council of Newberry 186
From petition of Town Council of Newberry v 196
From petition of Brooks Cavalry 253
CLAIMS AND GRIEVANCES.
From tbe account of G. A. Fink, for printing , 42
From tbe account of tbe Laurensville Herald 51
From report of tbe Committee on tbe Judiciary of tbe H,ouse of
Representatives, on tbe account of McCarter & Dawson 83
From memorial of Antbony Hyde .' 180
MILITARY AND PENSIONS.
From petition of Officers of First Regiment of Artillery 57
From presentment of Grand Jury of Richland 57
From petition of Hartsville Light Infantry 57
From petition of citizens of St. Lukes, relative to a Coast Police 83
FOREIGN AFFAIRS.
From a Bill to establish our Foreign Diplomacy 176
From report of same Committee of House of Representatives, on
Messages 1 and 4 of tbe Governor 249
FINANCE AND BANKS.
From presentment of Grand Jury for Marlboro' 186
From presentment of Grand Jury for Marlboro' 196
From a Bill in relation to the Greenville and Columbia Railroad
Company 249
INDEX TO THE SENATE JOURNAL* 277
E.
ESCHEATED PROPERTY, PETITIONS RELATIVE TO.
PAGE
Richard Williams and Wife 6
Benjamin F. Landrum ^5
Alamine Atkins and others 6(3
ELECTION PRECINCTS, PETITIONS AND RESOLUTIONS
RELATING THERETO.
Laurens, citizens of 9
Elmore, Hon. John A., Commissioner from Alabama 103
F.
FREE SCHOOL RETURNS.
Union 6
Lexington 6
Greenville. 6
Newberry 6
Anderson 6
Fairfield 6
Edgefield 6
Lancaster 6
St. John's, Berkley 6
Kingston 6
St. Helena 6
St. Luke's 6
St. Bartholomew's 6
Christ Church 8
Kershaw 26
Spartanburg 26
Prince William's 28
Darlington 28
All Saints' 29
Marion 29
St. James,' Santee 29
St. Mathew's 30
St. George's 30
St. Peter's 30
Marlboro' 30
278 INDEX TO THE SENATE JOURNAL.
PAGE
Williamsburg 86
Clarendon 39
St. Stephen's 39
Orange ... 46
St. Philip's and St. Michael's 51
Prince George, Winyah . 51
Abbeville 52
St. John's, Colleton 56
St. Thomas and St. Dennis 57
Chester 58
St. James', Goose Creek 58
Pickens 63
Union 65
St. Andrew's 69
St. Paul's . 76
Free persons of color, petition of citizens of Horry relative to 37
Cheraw, relative to 128'
Fire Masters, Board of, petition relative to Axe Company 58
Field Officers, Fourth Brigade, petition for aid 59
Flatman, H. H., petition for compensation for services 78
Flour, inspection of, petition of citizens as to 123
Furman, Charles M., elected President Bank of the State 130
Fire Masters, petition relative to Military duty... ; 145
G.
Governor, Proclamation of. 5
Messages at Extra Session 9,16
No. 1 9
Referred 31
No. 2... 37
No. 3 60
No. 4 67
No. 5 ! 102
No. 6 ..110
Graham, Eliz., petition relative to titles to lots. 8
" Greenville, citizens of, petition relative to sheep husbandry 36
Georgetown, report of the transient poor fund of 41
Report of Commissioners on the subject of a guard 51, 73
Petition against a bridge over Black River 53
INDEX TO THE SENATE JOURNAL. 279
RAGE
Governor of the State, Hon. E. W. Pickens elected 97
inauguration of. 116
Goodwyn, A. D., Reading Clerk, resignation of. 145
Governor, Messages from, second series—No. 1 148
No. 2 168
communications of, nominations and other matters
161, 165, 191, 203, 224, 245, 261, 262, 267
H
JL JL. o
Hammond, Hon. James H., resignation as U. S. Senator 27
Horlbeck, John, relative to Mazyckboro' Creek
Harrison, James, petition for payment for certain services 8
Hayne, Isaac W., elected Attorney General 33
Hibernian Society, tender of their Hall for the Legislature 101
Harllee, Hon. W. W. elected Lieutenant Governor 102
Hayne, Isaac, elected Reading Clerk of Senate : 145
I.
INCORPORATIONS, PETITIONS RELATIVE TO.
Town of Barnwell 8
Charleston City Railway Company 8
Ladies' Benevolent Society 8
Lexington Rifle Company 28
Calhoun Light Infantry 27
All Saints' School Society 29
Greenville Gas Light Company 29
Sherwood Jockey Club 32
York Gas Light Company 35
Rose Croix 41
Unitarian Church, Clinton 41
Unitarian Clergy Society 41
Newberry, town of. 46
Grace Church, Charleston 47
Charleston Fire Company 47'
Cheraw 52
Camden 53
Georgetown Railroad Company 53
Hartsville Light Infantry 53
280
INDEX TO THE SENATE JOUENAL.
PAGE
Burns Charitable Association 54
Town of Beaufort 56
Town of Bluffton 57,66
Yorkville 57
Chester Male Academy 58
Gaillard School, Greenville 58
Beaufort District Troop 65
Darlington Agricultural Society 65
Darlington Guards 65
Charleston Ladies' Association 65
Georgetown Kifle Guards 69
Town of Georgetown 77
Stuart Fire Company 96
Waccamaw Light Artillery 199
J. -
Jockey Club, petition for recharter 7
Jacoby, Elizabeth, petition for renewal of certificate ' 7
K.
Keowee and Tuckaseegee Turnpike Eoad, report 63
L.
LaFayette Artillery, petition for renewal of charter 7
Lunatic Asylum, report of Eegents 28
Laurens, Commissioners of Public Buildings, petition of. 58
Lawrence, Lawson, petition for payment for certain services 63
Legal process, stay of, petition of citizens of Cheraw for 78
Lynch's Creek, petition of citizens relative to fences on 86, 155
Lieutenant Governor, Hon. W. W. Harllee elected 1 102
Lopez, David, account for fitting up the Senate Chamber in Charleston, 155
M.
McCarter and Dawson, account for certain law reports 7
Melton, C- D., elected Solicitor Northern Circuit 34
Marine School, Charleston, petition for appropriation 35
Military Academies, State, Visitors, Annual Eeport 53
INDEX 'TO THE SENATE JOURNAL. 281
'PAGE
Marlboro', citizens of, petition relative to office of Ordinary 58
Military Engineers, corps of, petition of citizens for 76
Militia duty, petition relative to exemption from 78
o.
Orphan House, invitation from Commissioners of. 132
Ordinance, (see " Secession.")
P.
Porter, Hon. W. D., re-elected President of Senate 7
President and Yice President, electors for, elected 15
POST MORTEM EXAMINATIONS, ACCOUNTS FOR.
PRESENTED IN THE SENATE.
Dr. Jos. E. Harrell 37, 57
Drs. Harrell & Norman 37, 57
Dr. Jas. H. Norman 37, 57
Dr. R. W. Bates 41
Drs. Dudley & Moses : 50, 58
Dr. W. T. W. Baker ' 9£
Dr. J. E. Brenan 95
Dr. J. P. Knight 147
Dr. E. P. Porcher — 153
Dr. A. D. Hoke..... 175
Dr. William Petigru 181, 193
PRESENTMENTS OF GRAND JURY.
Union 6
Lexington 8
Chesterfield 8
Lancaster 29
Beaufort 29
Spartanburg 27
Chesterfield 27
29
Charleston 80
Marlboro' 30
Laurens 31
36
282 INDEX TO THE SENATE JOURNAL.
page
Edgefield 35
Greenville 36
Beaufort 37
Anderson 51
Kershaw 62
PUBLIC PRINTING, ACCOUNTS FOR.
A. 0. Norris & Co 3
G. A. Fink 28, 42, 128
R. W. Gibbes . 31
Laurensville Herald : 31, 53, 74
Thomas J. Warren 53
George M. Fairlee....- 87
Postal Affairs, Committee on... 32, 35
Communication as to 78
Prince William's Parish, citizens of, petition in relation to Haul Over
cut 57
Prince William's Parish, citizens of, praying for appointing a Com¬
missioner of cuts 71
Pickens, Hon. F. W., elected Governor 97
Petigru, James L., re-elected Commissioner on the Code 152
R.
RESOLUTIONS INTRODUCED INTO THE SENATE.
By Mr. Simpson, relative to the death of Hon. J. H. Irby 11
Mr. Hey ward, " " " Hon. L. O'Bryan 11
Mr. Rhett, relative to printing, 12
Mr. Moses, for the call of a Convention 14
Mr. Rhett, on the same subject 15
Mr. Lesesne, per Mr. Harrison, on Federal Affairs 15
Mr. Hope, relative to Electors of President and Vice President 15
Mr. Dantzler, relative to Hon. E. Ruffin 15
Mr. Garlington, relative to offices under United States Government 16
Mr. Garlington, relative to Military defences 17
Mr. Wilson, relative to Federal Affairs 18
Mr. Mazyck, relative to Federal Affairs 20
Mr. Moses, for adjournment of General Assembly 23
Mr. Boykin, for printing proceedings of Convention 25
Mr. Garlington, relative to resignation of Senator Hammond 28
INDEX TO THE SENATE JOURNAL. 283
PAGE
Mr. Cannon, relative to Patrol and Police 29
Mr. Cannon, relative to registration of Births, &c 29
Mr. Garlington, referring the Governor's Message 31
Mr. Heyward, relative to Northern teachers in Public Schools J30
Mr. Blakeney, for adjournment of General Assembly '. 50
Mr. Rhett, extending privileges of the floor to Hon. W. H. Trescot, 57
Mr. Dantzler, relative to election for Convention, in St. Matthew's.. 70
Mr. Moses, relative to coast defences 72
Mr. Appleby, relative* to the screen in Senate Chamber 71
Mr. Alston, relative to newspaper reporters.!. 73
Mr. Harrison, for information from Commissioner of New State House, 74
Mr. Harrison, relative to election laws 84
Mr. Cannon, relative to qualifications for voting 89
Mr. DeLoach, for a recess of the General Assembly 95
"Mr. Wagner, relative to the report of Commissioners on Accounts
and Vacant Offices 96
Mr. Lesesne, for distributing report on postal affair* 97
Mr. Wilson, for alteration of 29th rule of Senate 97
Mr. Moses, in relation to contingent accounts 99
Mr. Garlington, relative to the Commissioners from Alabama and
Mississippi 103, 107
Mr. Lesesne, relative to mileage Ill
Mr. Hope, relative to the New State House 121
Mr. Moses, for employing an assistant doorkeeper 123
Mr. Wilson, for a repess of General Assembly 131
Mr. Simpson, for testing the Acts of Assembly 132
Mr. Bull, for pay of certain officers 139
Mr. Garlington, for pay of the Clerk of the Senate 140
Mr. Marshall, in relation to mileage 142
Mr. Bryan, relative to letters of Marque and Reprisal 145
Mr. McAliley, relative to pay of members of Convention 146
Mr. Moses, relative to ordinances of State Convention 155
Mr. McAliley, for adjournment of the Legislature 156
Mr. Hope, relative to ordinances of Convention 156
Mr. Marshall, relative to the Army 156, 206
Mr. Rhett, relative to contracts for the New State House 158
Mr. Moses, relative to an ordinance of Convention 163
Mr. Mazyck, relative to mileage 166, 232
Mr. Garlington, relative to the course of the Governor in his cor¬
respondence with Maj. Anderson 168, 173
Mr. Lesesne, for removal of secresy on certain proceedings 168
284
INDEX TO THE SENATE JOURNAL.
PAGE
Mr. Allen, relative to State Printer 170
Mr. Marshall, relative to seceding States '••• 1''
Mr. DeLoach, for adjournment of General Assembly 192
Mr. Moses, for payment to Mrs. Davis for a slave 197
Mr. Fiekling, relative to mileage 199
Mr. Marshall, for suspension of 26th rule 201
Mr. Moses, relative to military rank 203
Mr. Garlington, for purchase of steamers 215, 263
Mr. Moses, relative to adjournment 222
Mr. Moses, for examination of the Bank and branches 223
Mr. Garlington, relative to postal affairs 226, 229, 245
Mr. Hampton, for distributing arms to cavalry 231, 245
Mr. Moses, for a committee to wait on the Governor 237
Mr. Allen, in relation to the system of equalization of taxation on
lands 244
Mr. Moses, in relation to the mode of collecting taxes 244
Mr. Garlington, for pay of certain officers 253
Mr. Mazyck, for publishing the census 253
Mr. Lesesne, returning thanks for use of desks, &c 254
Mr. Harrison, for tender of troops to Florida 254
Mr. Bryan, relative to the United States Arsenal 257
Relative to February Term of Equity Court, for Charleston x.. 257
Mr. Garlington, in relation to the communication from Yirginia, 261, 267
Committee on Claims and Grievances, relative to index to resolutions 267
RESOLUTIONS FROM HOUSE OF REPRESENTATIVES.
Relative to military defences 17
To pay certain officers of the Legislature 18, 25
Relative to the resignation of Senator Chesnut 23
For continuing business from extra to regular sessions 26
Providing for certain Committees sitting during recess 26
Providing arrangements for the State Convention 29
In relation to arming volunteer companies 29
Relative to Senator Hammond's resignation 29
Providing for publishing the Convention Act 30
Appointing proxies in Spartanburg and Union Railroad Company.... 90
Providing for the meeting of the State Convention 101
Presenting a certain book to Hon. F. J. Moses 109
For a recess of General Assembly to meet in Charleston 114, 119
For pay of the officers of the Legislature 142
In relation to testing the Acts of Assembly. 143
INDEX TO THE SENATE JOURNAL.
285
PAGE
In relation to sittings of the Legislature in Charleston 143
Directing the President of the Bank to pay certain amounts 159
Relative to postponement of certain courts i 177, 178, 179
Relative to arms in United States Arsenal in Charleston 180
Relative to foreign affairs 183
Relative to the action of the Governor in relation to forts 191
Relative to places and managers of elections....1 200
Relative to the secession of Georgia 208
To suspend the Courts on the Eastern Circuit and the third Equity
Circuit 215, 237
Instructing the Comptroller General relative to insurance companies, 229
Relative to exceeding appropriations 229, 237
Relative to election precincts 23L
Relative to the distribution of Acts and Resolutions 237
Appointing a Commissioner of Roads for York 238
Returning thanks to the Hibernian Society for their Hall 244
For pay of per diem to those appointed to examine the Normal
Schools.... 244, 253
Instructing the Comptroller General to sell chairs, tables, &c 248
In relation to the several Boards of Commissioners of Roads, Poor,
and Public Buildings 248
In relation to the call of Physicians in cases of inquest 248
For the appointment of Magistrates in Laurens District, to fill vacancy, 248
Appointing sundry Magistrates for Union and York Districts, and
St. Peter's Parish, and Summerville 248
In relation to the suspension of the Courts on the Northern and
Middle Circuits 248
To pay certain officers 249
Appointing a Manger of Elections , 255
In relation to Spring Term of Courts on Eastern Circuit 256
In relation to adjournment 260
RAILROADS, PETITIONS, RESOLUTIONS, &c., AS TO.
Charlotte and South Carolina Railroad, report 30
Petition for charter, from citizens of Bennettsville 30
Greenville and Columbia, for State aid 36
Wilmington and Manchester, report 38
Blue Ridge, report 41, 63
Roads, Commissioners of, for St. James', Goose Creek, report of. 51
Prince William's, report of. 65
Rules of Senate in Executive Session 170
286 INDEX TO THE SENATE JOURNAL.
REPORTS OF COMMITTEES OF THE SENATE.
COMMERCE^ MANUFACTURES ANDAlECHANIC ARTS.
PAGE
On the Naval School in Charleston 64
AGRICULTURE AND INTERNAL IMPROVEMENTS.
On the report of the Charlotte and South Carolina Railroad Co 64
On the report of the Keowee and Tuckaseegee Turnpike Road..125, 232
On the report of the State Agricultural Society 125, 232
ACCOUNTS AND VACANT OFFICES.
On Comptroller's report on contingent accounts 136
CLAIMS AND GRIEVANCES.
On the petition of J. W. Harrison 64, 111
account of the sheriff of Lexington 64
Oscar M. Lieber 64
W. W. Purse * 64
Dr. A. E. Davant, for services to prisoners in jail... 60
G-. A. Fink, for public printing 60
A. 0. Norris, for public printing 60
C. E. Davant, sheriff, for blankets 60
J. W. Arnold, sheriff, for blankets 60
R. W. Gribbes 66
Thomas J.Warren.. 66
Evans & Cogswell 89, 206
H. Judge Moore 90, 146, 206
Laurensville Herald 90, 146, 206
Lawson Lawrence 90, 146, 206
Thomas J. Warren Ill, 206
Gr. A. Fink Ill, 206
J. W. Arnold Ill, 206
W. W. Purse Ill, 206
the Keeper of the State House 120, 139
the Clerk of the Senate 125, 142, 245
N. H. Flatman 180, 206
David Lopez 201, 212
providing compensation to Mrs. E. B. Davis 245
INDEX TO THE SENATE JOURNAL. 287
FINANCE AND BANKS.
PAGE
^On the petition of J. H. Schirmer 48, 136
E. M. Bonneau 43, 186
Eliz. Jacoby 43, 136
Taylor & Weissinger 80
Samuel Watson, sheriff. 176, 206
On the report of the President and Directors of the Bank of the State, 249
LUNATIC ASYLUM AND MEDICAL ACCOUNTS.
On the account of Drs. Dudley and Moses 60, 108, 206
Dr. P. J. Moses 64
On the report of the Regents of the Lunatic Asylum 124
On the accounts of Drs. Brennan, Moore and Steele 151
Dr. F. P. Porcher 167, 206
Dr. J. P. Knight 167
Dr. J.J. Burroughs 180
Dr. W. W. Pettigrew 231
Dr. Jos. F. Harrell 256
JUDICIARY.
On the Presentment of the Grand Jury for Lexington 55
On the account of McCarter & Dawson, for sixty-two copies of the
twelfth volume of Richardson's Law Reports 80
On the reports of the Circuit Solicitors 80
On the account of McCarter & Dawson 81
On the report of the Commissioner on the Code 81
On the petition of citizens of Cheraw for a Stay Law.... 176
In relation to rules for Executive Session 176
In relation to Ordinances of the Convention... 201
On the report of the Commissioner on the Code 237
PRIVILEGES AND ELECTIONS.
In relation to an election precinct in Laurens 49
ROADS AND BUILDINGS.
On Presentment of Grand Juries for Edgefield and Marlboro' 77
On Presentment of Grand Juries for Charleston and Barnwell 80
On the petition of James R. Todd 85, 212
On the petition of the Commissioners of Public Buildings for Lau¬
rens 164, 206
288
INDEX TO THE SENATE JOURNAL.
FEDERAL RELATIONS.—(CHANGED TO FOREIGN AFFAIRS.)
PAGE
INCORPORATIONS AND ENGROSSED ACTS.
On the petition of Charleston Eire Company of Axemen 167
NEW STATE HOUSE.
On the account of James Jones, Commissioner of new State House, 106
In relation to reducing the number of sub-architects 249
MILITARY AND PENSIONS.
On the petition of John Magrath, for a pension 112
On the report of the Board of Visitors of the Military Academy 181
On a resolution to pay certain officers 249
REPORTS OF COMMITTEES OF HOUSE OF REPRESENTA¬
TIVES.
JUDICIARY.
On the communication of the State Reporter 151
On the report of Commissioners to assess damages to T. B. Reese 151
On the account of McCarter & Dawson 151
AGRICULTURE.
On the report of the State Agricultural Society 164
MEDICAL COMMITTEE.
On the account of Dr. J. C. Mullins, for post mortem examination... 85
Dr. 0. A. White for post mortem examination... 85
Dr. Melvin d-reenland 107
Dr. J. Ford Prioleau 107
Dr. J. C. Dargan 107
Dr. W. F. Percival, for post mortem examination 109
Dr. W. W. Fraser, for post mortem examination. 109
Dr. F. S. Lewie, for post mortem examination— 109
Dr. B. W. Lawton, for post mortem examination. 109
Carolina C. Webster) widow, for estate of Dr. J.
C. Webster, for post mortem examination... 109
Dr. Wm, Pettigrew, for post mortem examination. 135
Dr. F. P. Poreher, for post mortem examination.. 135
Dr. R. V. Dannelly, for post mortem examination 135
INDEX TO THE SENATE JOURNAL. 289
PAGE
On the account of Dr. W. H. Henry, for post mortem examination.. 135
Dr. R. W. Hale, for post mortem examination... 135
Dr. Samuel Logan, for post mortem examination.. 135
Dr. G. S. Trezevant, for post mortem examination. 135
On the accounts of Drs. Fulmore & Warren 137
On the report of the Roper Hospital 139
On the account of Dr. R. M. Hunter 139
James Powell 143
Dr. John Gr. Traynham, for post mortem exam¬
ination 147
Dr. Edward Westfield, for post mortem exam¬
ination 147
Dr. E. A. Keller, for post mortem examinations.. 147
Dr. T. J. Goodwyn, for post mortem examination 148
Dr. D. S. Renson, for post mortem examination.. 148
Dr. A. D._Hoke, for post mortem examination... 148
Dr. James Moore, for post mortem examination... 148
Dr. John L. Ancrum, for post mortem examination 148
Dr. J. M. Mouzon 151
Dr. W. D. Wallace 151
Dr. R. W. Hale 159
Dr. Wm. Magill 159
Dr. P. A. Wilhite 167
Dr. W. J. David 180
Drs. Powell & Templeton 231
On the accounts of Drs. Malloy & Coit 246
On the account of Dr. J. H. Lawrence 248
Dr. D. C. Tomkins 248
Dr. Barton 249
MILITARY.
Relative to a Troop of Cavalry at Spartanburg 137
On so much of the Governor's Message as relates to a compilation
of the Militia and Patrol Laws. 137
On the Militia and Patrol Laws 151
On the petition of LaFayette Weaver 164
On the report of the Board of Visitors of the State Military
Academies 230
On the John Brown Pike 246
In relation to the United States Arsenal in Charleston 250, 257
37
290
INDEX TO THE SENATE JOURNAL.
EDUCATION.
PAGE
On the report of the Commissioners of the Deaf, Dumb and Blind.. 137
On the return of Commissioners of Free Schools for 1860 137
On the Ludlam School Fund, and reports thereon 137
On the report of the College Treasurer 189
INCORPORATIONS.
On the petition of citizens of Cheraw, for amendment of town charter 139
INTERNAL IMPROVEMENTS.
Relative to a dam at G-rindal Shoals 248
CLAIMS.
On the petition of S. Henry Jones, Captain of the Abbeville Artil¬
lery, praying arrears of expenses due said company 90
On the account of W. J. Graham, sheriff of Horry District 90
The Fairfield Herald, for public printing 90
The Pendleton Messenger, for public printing ... 90
Tilman H. Clark, for board of a prisoner in jail... 90
Fielder Gossett, for blankets furnished prisoners
in jail 90
Samuel Watson, for articles furnished prisoners
in jail 90
A. A. Nettles, to be refunded certain money paid
by him '. 108
R. C. Logan, for public printing 108
The Courier Office, of Charleston 108
L. M. Gentry, sheriff of Spartanburg District,
for articles furnished prisoners 108
Dr. Augustus D. Hoke, for medical services ren¬
dered prisoners in jail 108
A. Wingo, sheriff of Spartanburg District 108
Samuel Beard, sheriff, for blankets furnished for
jail 108
Dr. H. W. Moore, for attendance on prisoners
in jail 108
A. N. Talley, M. D., for services rendered pris¬
oners in jail 108
W. M. Connors, for public printing 108
James Johnson, sheriff, for blankets furnished 1
for jail 108
INDEX TO THE SENATE JOURNAL. 291
PAGE
On the account of the Orangeburg Southron, for advertising 126
Alfred Denson, constable 126
On the petition of Hamilton Wilson 126
On the account of Douglas & Calvo, for public printing 126
On the accounts of E. R. Stokes, for public binding 126
On the account of E. A. Bronson, for public printing 1 126
L. P. Leard, for dieting negro while in his custody 126
the Keowee Courier, for public printing 126
Fielder Gosset, jailor, for blankets furnished jail. 126
P. B. Glass, for stationery furnished House of
Representatives and Public Offices 126
R. A. Pagan, sheriff of Chester District, for
blankets furnished jail 126
H. H. Hicks, for services as special constable 134
John Bomar, asking compensation for a slave
executed under the sentence of the law 134
John D. M. Dobbins, for blankets furnished
prisoners in jail 135
On the petition of Jos. F. Church, praying compensation for a slave
executed under the sentence of the law 135
On the claim of W. W. Purse, for work done in the Representatives'
Hall for the year 1860 135
On the account of E. H. Gasque, for blankets furnished prisoners
in jail, and candles furnished Court of Com¬
mon Pleas for Marion District 135
J. H. Means, for recording done in the Secretary
of State's office 135
Dr. Edw. B. Smith, for post mortem examination 135
Dr. Jas. F. Pearce, for post mortem examination, 135
Dr. John S. Craig, for post mortem examination, 135
Dr. W. W. Fraser, for post mortem examination, 135
Dr. John T. Craig, for post mortem examination, 135
B. F. Arthur 139
James M. Hutto 139
On the petition of M. A. Harden and others, asking to be paid for
services as Jurors 149
On the account of J. M. Brown, for public printing 149
E. R. Stokes, for binding Rules and Journals of
the House 149
Hammett & Meachen, for public printing 149
James A. Hoyt, for public printing 149
292
INDEX TO THE SENATE JOURNAL.
PAGE
On tlie account of Dr. Edward B. Smith 149
Dr. T. J. Teague, for services rendered Commis¬
sioners of the Poor for Edgefield District... 149
Dr. T. A. Perritt 149
Barnabas Williamson, administrator, for blankets
furnished prisoners in jail 149
Gilbert & Darr, for public printing 149
Chester Standard, for public printing 149
Charleston Evening News, for public printing... 149
W. 0. Chewing, for blankets furnished prisoners
in jail 149
On the petition of John A. Hood, for compensation for a slave
deserted by his master 149
On the account of M. B. Ward, for blankets furnished jail 149
G. M. McJunkin, against the State, for printing, 149
L. M. Grist, for public printing 149
James D. Nance, & Co., against the State, for
printing, 149
Stanton & Hyrne, for public printing 149
J. W. Tarbox, for public printing 149
F. DeLorme...' 167
G. A. Fink 167
Davis & Crews 167
J. F. & L. S. Brockinton 167
Wm. L. Bronson 200
On the claim of James A. Black 209
In relation to John Calvin McDaniel 247
On the account of Courtney, Tennent & Co 248
S. Brady 248
Daniel H. Silcox 248
P. M. Wallace, for public printing 248
George D. Grice 248
On the accounts of David Lopez, Lambert & Howell, H. W. Kins¬
man, and J. G-. Bailey, for fitting up the Hall of the House of
Representatives 248
On the account of R. II. McDowell 248
The Southern Porcelain Company, for wares
furnished House of Representatives 248
The Edgefield Advertiser, for public printing 248
C. P. Pelham, for public printing 248
Evans & Cogswell, for stationery 248
INDEX TO THE SENATE JOUENAL. 293
PAGE
On the account of E. A. McKnight, for public printing 248 .
On the claim of Elijah Zimmerman 254
On the account of the Clerk of the House of Eepresentatives 258
LEGISLATIVE LIBRARY.
In relation to certain publications 122
ROADS. BRIDGES AND FERRIES.
On the petition of A. B. Estes and others, relative to a road 139
In relation to D. C. Tomkins 179
In relation to a road in Anderson 179
In relation to a road in St. John's, Berkley 179
On petition of citizens of York 201
On a resolution whether the Act of 1783 is of force 238
On the claim of D. C. Tomkins 253
OFFICES AND OFFICERS.
In relation to a Magistrate in Edgefield 180
PRIVILEGES AND ELECTIONS.
Appointing Managers, &c., of Election 124
WAYS AND MEANS.
On the petition of the Commissioner of the New State House
On the report of the transient poor for Charleston 124
On the petition of H. Laurens Toomer 171
On the report of transient poor for Georgetown 187
On the petition of B. W. Force 247
In relation to bonds of Tax Collectors 247
On the petition of J. A. Petigrew 247
On a resolution for confirming expenditures by Trustees of the Nor¬
mal School 247
COMMITTEES OF THE WHOLE.
On certain Military Bills 73
On the appropriation Bill 226
On the Bill to raise Supplies 236
BEPOKTS OF SPECIAL COMMITTEES OF SENATE.
On the Public Printing 43
Ou the Governor's Accounts 7Q 35
294
INDEX TO THE SENATE JOURNAL.
PAGE
On making arrangements for the Convention 81
On conference on a bill to provide for a military force 85
On postal affairs v. 97
Relative to the Commissioner from Alabama 108
On Military Bills 107
On the recess of the General Assembly 107
On the reception of the Commissioners from Alabama and Mississippi 116
To wait on Hon. Caleb Gushing 128
In relation to the State Flag 246
In relation to the Maffit Channel 252
In relation to the State Flag 256
On the Tax Bill 259
REPORTS OF SPECIAL COMMITTEES OF HOUSE OF REP¬
RESENTATIVES.
Report of Committee on Fasting, Humiliation and Prayer 21
Arrangements for the State Convention 85
Special Committee on the DeLa Howe School 109
On Public Printing 122
On the account of D. J. Rice 171
On the account of Adam Ivey, former Indian Agent 187
On the account of D. J. Rice, Indian Agent 187
On Postal Affairs 244
S.
Senate, Extra Session of . 5
Constitutional Session 3
President of, Hon. W. D. Porter elected 7
Schirmer, Jacob, petition for renewal of certificate 7
Saluda Turnpike Road, petition for renewal of lease of. 9, 78
Solicitor of Northern Circuit, C. D. Melton elected 34
State Reporter, communication from the 39
State House, Commissioner of, annual report 41
special report 48
Slaves, special passes to, petition relative to 41
Summerville, citizens of, petition for an additional Magistrate 42
Stay Law, memorial of citizens of Charleston against 198
INDEX TO THE SENATE JOURNAL. 295
solicitors' reports on district offices and officers.
PAGS
Southern 53
Middle 61
Eastern 61
Western 63
St. Matthew's Parish, Managers of, communication from 70
St. Luke's Parish, citizens of, petition for Coast Police 73
Sumter, citizens of, petition for a Magistrate 75
St. Stephen's Parish, Commissioners of Roads, petition 147
Secession of South Carolina, Ordinance of 126
T.
Todd, James R., petition for compensation for injuries caused by
opening a road 31
Toomer, H. L., petition for remission of double tax 47
Taylor, Emanuel, petition to he refunded certain money 62
U.
Usury Laws, memorial of Charleston Chamber of Commerce, relative
to 7
w.
Webb, John and others, relative to Mazyckboro' Creek 7
West Point Mill Company, petition for charter 7
(See a Bill on this subject.)
Wharfage, report of a Commission on 7
Watson, John, sheriff of Sumter District, account 87
Y.
York District, petition of citizens of, relative to Ordinary s office 6
petition of citizens relative to fees of Constables 78
petition of citizens relative to certain roads 156
I
ERRATUM.
On page 260, 18th line from bottom, for "ratified," read "engrossed/