/ 35^ '^'^. m OFCONGBESS 014 4A8 602 3' Hollinger pH 83 MiU Run R)3.2193 F 274 .L353 Copy 1 Mir Til CAKOLINA. '^Ilcr Wmims aiiil The KciikmIv. ^- RKM ARKS OF (OL. lUCllAHI) LMIIKHS, nELIVEHEI) AT TIIH or/.MNc; (»F TUi: TAXl'A VKIJS' ( ( >N VKNTloN, In Chlimima, S. ('., Ti i>i>ay, Ki;r.. 17. 1^74. Mr. Prfsiiltul—.Kt tbc meeting of the fiPHt Congress of the United Stnten. under our pren- enf conhtitutioi). lield in New York, 17H!), a HerieH of twelve itnuMKhnentH were jiroi>08ed to tho States, ten of wliicli were nubHciiuently adopted. t'nder tlie first of tbeso ameud- nients, therefore, whicli insures "the right of tlie peoj>le peaceaMy to assemble and to peti- tion the governmeiit for a redress of griev- ances," authorizes us, as American citizens, to convene for this nuqwise: and surely the most thoughtful of the statesmen of that time could not have anticipated a case more urgent tlian our own, or one so fully justifving an earnest ap])Iicatiou of tho privilege. S'o peo- jile have ever hern called upon to solve a juv litical proV'lem such as tho people of this .State have presented to them. A State govcninient, constituted of tlie highest degree of fraud, sustained by the greatest amount of ignorance, and those twii factors of corruption and mis- rule kept in i)Ower by the whole force of a re- !-istless partisan ascendancy, in which tlie Na- tional fiovernment itself, under a technical construction of its functions, is constrained to tolerate. People have been jiunished for their sins, political anil moral, their liberties have been forfeited for fancy or real rebellion; but no free (leonlo have ever, for any crime, been subjected to tho absolute rule of diMhonest strangers and the domination of their own slaves. No Commonwealth has ever been so prostrated as to elovato ignorant, uidettercd slaves, witliout tho least preparation, to j>er- form tho delicate dtities and functions of law- makers, ami the free and uureMtiicted uso of tho jtublic p\irse, as ilio rewanl of dishonest ao received by the most hopeful with misgivings, aiicl ought to be lu-ged with modes- ty. ,\nd yet it is the duty of every goocace. as revolutions juvseut to an oppressed l^eoplc everywhere and at all times, limitele without forms of law, is to do an (htl HamjKleu and Wa.shington, and venture action without thoso forms, aud abide the coaee- quences.'' This grave ojiinion, under the sanction of tho very scat or justice, the court of lust resort in our country, plainly tells you that the right of revolution, wlien the ordinan.- mstniments of government fail, is an inheritance and a remedy which oppressors miist be tauglit to ^3 u reepcct, and brave men to exercise. And the sooner that tliis lemedy ih contemphited, in ease a more peaceful course faile. the better it Avill be for our adversaries. St. Domingo does not fui'nish so brilhant a record as to entitle the colored man to domi- nate over the Anglo-Saxon in this country, and sooner or later thirty millions of white men will hold him to strict accountability for the use of the temporary power he now exercises here. As a friend to the colored men of this State, who fnlly concurs in their absolute rights of political equality, and appreciate them for their genial and friendly personal qiialities, 1 would caution them against the evil training, to which their leaders are tending, in fraud and misrule, which, in time, will meet with a retri- bution, when their race wili find itself in a mi- nority, or when the white race, determining to submit no longer to such oppression to- wards any of their brethren. The colored race is on trial in this connection, and I trust and believe that, freed from the malign influ- ence of the adventurers which lead them, thej' will escape the fearful examples of the race in St. Domingo, by avoiding the errors and op- pressions which has kept that beautiful island in perpetual anarchy, and which now threat- ens our own community with bankruptcy and ruin. Our Northern brethren cannot escape the retlex effect of this degradation. These men are rex^resented in Gongrest}, and Congress is the law-making power for them as well as for us. Their educated and honest representatives may be in part neutralized by the ignorant and corrupt representatives which such a constitu- ency may choose to send to the National Legis- lature. What becomes of the dignity and con- servative power of the Senate to protect the North, when the South becomes the mart for the sale of senatorships to the highest bidder without regard to local qualifications, ability or honesty .^ Pennsylvania already has virtually three senatoi's in "that body by the exercise of its moneyed power in this State, and these in- fluences will nicrease as the South becomes im- poverished and corrupted. TYEAXXY OF A MAJOBITY. De Tocqneville anticipated our case when he wrote, nearly half a century ago. ''If the insti- tutions of America are destroyed, that event may be attributed to the unlimited authority of the majority, which may, at some future time, urge the minority to desperation, and oblige them to have recourse to physical force. Anarchy will then be the result; but it will have been brought about by despotism." How would he have intensified these remarks could he have anticipated the existing state of our political relations. Our own Calhouu once wisely remarked "that nations had rarely been disintegrated by civil war, but civil liberty had been often sacrificed thereby." j But the evils which we suffer under are be- ginning to be appreciated at the North, and when a Yankee wakes up to an evil and his sympathies ave ai'Oused,he permits no sophistiy or abstract theory to stand in the way of a prompt and thorough reform in his own inter- est and in the interest and vindication of bis frieuds. I love that manly feature iu their character, and it is mainly to this individual earnestness as much as to their intelligent in- dustry and enterprise we are so largely in- debted for national power and productive energy. After all, they love the South. However much as Union men they deprecated the unhappy war which for a time produced mutual alienation, yet they, with true Ameri- can pride, feel that the South maintained its full measure of American gallantry in the field and good faitli after the gage of war was against it. '1 he carpef-bag governments have long since been held in loathing by Northern men in their own States, and by those living amongst us, as a vile slander on the section they represent. And the colored men, feeling the disgrace, begin freely to propose driving them from the State with their ill-gotten gain; but, bad as they are. the white native who joins them, to spoil his own oj)pressed ]3eople with corruption and fraud, merits a deeper exe- cration. \Ve have every encouragement in our present non partisan movement for the co-ope- ration of all parties, color and sections to rid ourselves of these plunderers Hitherto they have screened themselves and their frauds be- hind their party lines, but now we deal witli them as thieves &i\d plunderers, not as partisans: their party aftiliations will be no protection to their crimes, for every honest Kepublicau, in- cluding the President of the United States, leading senators and congressmen, as well as leading Republicans of the North, freely de- nounce them as making their partisanship a cloak for their crimes, and desire to see them punished, as the best service to the party as well as a necessity for the safety of the best interests of the people. NORTHEllN FEELING. I have recently spent a couple of weeks at Washington, and after interviews with most of the leading men in and out of Congress there, and a large and varied correspondence with leading men of New England, I have found an unanimous sentiment of sympathy for South Carolina, and an earnest desire for the suc- cess of this Convention in procuring practical remedies as far as Congress can extend them, and the constantly-expressed hope that such prompt and eftieieut measures should be taken throughout the State, in the way of the prose- cution of the crimes and such other persistent measures against the thieves as will bring them to punishment, and vindicate the power of honest men to deal with fraud when all parties shall concentrate for that puri)ose. A distinguished Picpublican (colored) mem- ber of Congress, from this State, impressed with these views, and the sympathy exi)ressed in the National capital by the most influential of his own party, last night, at a jiublic meet- ing iu this city, plai ily told his friends that they must reform the abuses so universally execrated, or be cut off from the Piepublican party as tliseased and rotten branches, and that, unless reformed, their representatives would be ashamed of (hem, and that Frehng- liuysen. Daws, Sumner, Butler, and every one of their friends outside of the State, who kept his eyes open, would hold the colored men re- sponsible, they being in the majority and hav- ing voted the corrupt element into power. After eloquently deploring the frauds, and the necessity of reform in the interest of his race, as well as that of his party and country, he remarked : "Will you permit this state of things to con- tiiHie? It cannot \o at once removed out of llie palli. and now in the time to do it. Tlio national Hepublican imrty to-day wum ready to cut aloof ujion the BJiKlitcht j^rovwation from tlio cor- ruption now exis^tmj; in tlio .Soutli. ami itnleHH youdoHomethniK. and that Mj)eoathi»e witd an lioiiCHt adminiMtration of affairn in for von to pivo iiotife to~thoHO who have malae'tition the National (lovern- ment with confidence for the same favor in the removal of thcHO pests, or a mitigation of their political ixjwer in persccutina us 'f INTf:ilV;.ST8 ol' THF. niKKnJIEN. It has boon urgeok for its facts, which will not be disputed by any fair- minded man, who looks into the fearfully moral trial of elevating ignorance and fraud over intelligence an.l honesty, anl for debt lartt month. It brought but i'Oi) at auction, and the taxeH ou the Bamo being ¥2.50, loft the creditor but •'?450, whilHt the State afHCHned the property for tax- ation at •jlO.ODO. Is it any wonder that nearly a million of ilollaiH of taxation its left unpaid every year, and the land virtually conlisoated for taxes, Icavinj; homeless miiny a family ? I (]uote freely from Judge Caqienter's testi- mony before the Congressional committee, be- cauHO he is a Itepubhcan. originally a])pointed by Chief Justice Chase as registrar in bank- ruptcy in Charleston, and has been twice elected by the Legislature as one of the judges of the State, and im an ardent supporter of the National and St;ito governments: "Another cause of discontent (ho testities) was the char- acter of persons appointed to till offices under the Executive. The constitution of South Cai-- oliua gives the Executive vast patronage, or at leant the Legislature have assumed it, whether the constitution gives it or not. All the county auditors, county treasurers, tria' justices, and most of the local otlicers, are appointed by the (ioveruor. As a rule they are utterly incompe- tent, and as a rule they are utterly corrujjt.'" He further testifies that the Oovernor had pardoned a large number of criminals just be- fore his own second election. ''I saw several i)ersous that I had myself sentenced to the I'euiteutiary, who were pardoned just before the election. I met them ou the streets, three or four of a very baroducing gooon the inde]>endeuce of the judicial de])artment and weaken pubhc confidence iu tho adminis- tration." This rejiort saved the judge, and he waii able to reoi>en his court again. Jlut of course his tenure of office, he will feel, hangs ou the jileasure of the Legislature, and his decibioiis must be measurably affected thereby. A few weeks ago, in Camden, a colored man was i)roved guilty of larceny by three resi)ecta- ble witnesses of his own color; no rebutting testimony but that of the prisoner himself, who denied tlie charge. The jurj- of colored men aciiuitted him, but as none of them could write, the verdict was signed by the foreman for them, by making his mark. After the ver- dict had been signed, some of the jurors de- clared it was not their decision, and displayed so much ignorance of their duties, that the judge was constrained to discharge them aa in- competent to tiT another case. A resolution was immediately introduced into the Legislature for im|)caching the judge, the latter portion of which embodies tho alleged offence: "Now, therefore, be it resolved, that the said K. B. Carjjenter be imi>^:lied for conduct unbecom- ing a judge, and for denying to citizens of this State, ou account of color, the right to ser\'e as jurors in and for the County of Kershaw." The judge's friends, however, were able to save him from impeachment by a small majori- ty. Yet Iio is so popular among them as to have been twice elected to the bench by the Legislatu-e, but of course be now has notice that ignorant colored juries must not bo dis- chargeil in future. There seems to bo a con- stant struggle for power here, and it has lately develoi>ed a new phase of a dangerous States rights character. A bank became insolvent lately, and measures were taken by some of the creditors in one of the State courts to deal with its assets. Other creditors and tho offi- cers of the bank j>referred to go into voluntary bankruptcy in the I'liited .'states court, and jilace the assets of the bank under that iiu-is- diction, by the direction of the district judge of the Federal court. This brought about a controversy as to the jurisdiction tinder au anpeal from the ilecision of the local I'nited States judge, which decision was fully sus- tained by the Federal circuit judge, it being determined that the State courts had no jwwer in such cases. The judge of tho State court, however, does uot concur iu this questioning of his power iu the premises, but has ruled the 6 lawyers of the opposition for contempt of court ill advis.ng their clients to seek justice in a United States court, and actually "debars some of them from practicing their profession in the State courts. This personal injustice acts as a menace to the whole bar, so that those of us who have no confidence in the State courts, while subjected to the interference of the Legislature, are practically denied the right to appeal to a more reliable court by the inter- ference of the State judges. TKINTING FRAUDS. If time peiTuitted I could greatly enlarge on this class of evils from authentic sources. The coiuts are not only intimidated, but the press is subsidized. Mr. Pike informs us that ''the State government employs and pays them ad libitum. An instalment of f 75,000 lately went to about twenty-live papers, in sums ranging from i*l,000 to' ^lM)ii a piece, a list of which was published by order of a vote of the Legis- lature a short time ago. Of course, none of the deviltry of the State government is likely to be exposed through them. The whole amount of the printing bills of the State last year as computed (for everything here has to be in part guess work) aggregated the im- mense sum of $600,000." I think his estimate is too large, but I believe it is now known to have exceeded $575,000— a sum which would have more than disbursed the whole expenses of the State before the war, and larger than the aggregate printing bills of Iowa, Massa- chusetts, Pennsylvania, Ohio and Maryland. These States, containing an aggregate popula- tion of over ten millions and a capital thirty times larger than that of this State, a reading people, and yet their public printing only amounts to the aggregate yearly sum of $385,- 000. This enormous fraud enures to the ben- fit of a printing ring in Columbia represented by the clerk of the House and the clerk of the Senate, who enjoy the monopoly and divide the proceeds with leadiu" members of the government and the Legnifeture. I am fur- nished by a prominent and useful member of the Legislature the following synopsis from the report of the joint special "investigating committee, ill their statement of grand totals of cash expenditures for public printing in the following years, by which it will be seen that this fraud progresses in a yearly ratio so startling as to render it difficult to conceive how such public robberies were tolerated with- out producing that degree of public incUgna- tion which would have overleaped law-abiding propriety in a tar-producing countiy, and where feathers are not beyond the impoverished purses of the victims, who have exhibited a patience and a meekness worthy of Job and of Moses. Five hundred and sev"enty-tive thous- and dollars were actually paid last year for public printing, whereas the first two years expenditure for that puqjose, after the recon- struction of the State, in honest hands, was but $43,000, or less than $22,000 per annum, and when the aggregate expenditure of sixty years before the war for printing did not reach $400,000: Public Prlnilng. September, 1868, to October 31, 1870..$ 43,440 57 October, 1870. to October, 1871 134,151 44 October, 1871, to October, lS7'i 215,129 ss October. 1S72, to October, 1S73 331,945 66) Undrawn appropriation 1S73 118,0.54 34 - Extra session appropriation 1873 125,000 ooj S9n7,721 87 Deduct flrst two years— isfls to 1&70 . . 43,440 57 Cost of three years printing f 924,281 30 From October 31, 1872, to November li), 1873, the date of the act authorizing the issue of certificates to the "Ilepublican Printing Company," certificates of indebtedness receiva- ble for taxes were actually pal'l for public printing to that company to the enormous amount of $575,000, whereas the total reve- nues of the State the same fiscal year, accord- ing to the State treasurer's report, was but $1,719,728. SWOLLEN EXPENSES. The result of all these frauds first produce over issues of bonds and then a repudiation of them. Credit failing, the resort is to taxation, or rather to confiscation of the private proper- ty of the people. I should like to give you a full comparison of the expenditures before and after the war, and even year by year the com- parison is instructive, as the "figures steadily rise with each new administration, but time will only permit a mere synopsis of the more prominent: Taxable propertv of the State before tlie war $490,000,000 Taxable property now 170,000,000 Tax levies before the war, not over. . . 500,000 Tax levied this year 2,700,ooo Legislative e.xpenses before the war . . 40,000 Legislative expenses this year 291, 000 Public printing before the war 5,000 Public printing this year, at least 450,000 Legislative expeusee reached the enormous sum one year of over half a million. I under- stand some four huudred employees were paid as clerks, and other assistants to the members, being more than two apiece; some of the clerks signed the receipt for their salaries by their mark as they could not write, and one was paid for such services who had not been in the State in two years. We shall liave but limited reforms till the people are educated. The ignorance of black or white men is productive of the same evils. In Massachusetts ninety-three per cent, of the people, over ten years old, read and write, and but seven out of every huudred are ignorant below this standard. Yet eighty per cent, of the criminals come from this ignorant class, and only twenty per cent, from those who can read and write. New York and Pennsylvania stands seven to one, and the United States stands ten to one in this relation. I have very grave fears that unless active measures are taken to educate the rising generation of the colored race, and induce them to train their children to habits of mdustry, that they will degenerate as they have in San Domingo, and become a set of mere camp-followers of politi- cal leaders, or degenerate into pauperism. While they were slaves they had the care of masters whose interest it was to teach them industry, and subject them to some degree of moral discipline. Let me invoke the intelli- gent men of the races to consider the necessity of an active reform in this matter if they would elevate their people, or, indeed, stay their decadence as meu, by making them less the iiiMtrumeiilH of poliliciaim and more devo- ted to their own true clovaliou au a race. OCIl POLICY IN TIIK FTTVnE. Much of the oviirt which iifflict our Comnioii- wouUhaif) iiodoiilit chai>,'eal>lo to uii Ill-judKcd and, i)erhai>H, a piirtiMau iiolicy on tho part of Coiimx-MM, more or KiHH (hctntod hy an honcMl behcf that thoHO rachcal rhan^cB in tho \n\\n and iiHagCB of the State were noct-BMarj' for tlio jtrotoction of colored nien'B rijjhtH at;ainHt the projudicoH of thoir fonner inaisterH. Hard as were tho conditions which rcverBod tho order of the coinuuuiity liy elevating ignorance to jihicpH of j)ower, aiid ij,'noiing tho claiuiH of in- toUigcnco and prt)jierly to jirotootion and rej)- rcKiMitation, yet thcBO cviU have hecoino intcn- HJIicd and pon)otuated hy tlio neglect or refusal of tho coninuuiily to accept tho condition and utilize what little iniluonco and power for re- HtrainiiiR tluH ignorance and corruption hy a ready co-o])cration with the many honoMt and intelligent men of hoth paitien and both raccH, who have always deaired to reform thoir party. Now. however, a dawning of good feeling on the part of even tho most extreme Iladicalfl. in and out of tho Klate, and an open and pronounced Mvmpathy agaiuHt fraud and corruption, clieerrt us on to do noine- thing ourHclvoH, and to show ouraelveH grateful for tliiw nynipathy as well aH willing to help ourselvcB out of tho difticulty. We Hhould ignore pai-ty linen, color or place of birth, and co-operate iieartily with any man. and any race, and any party wIiobo miHnion iH honcHty. and we Hhoiild do it so heartily at* to leave no doubt in the mind« of any one. Past ibsues Hhould not only be forgotten, but even the'short-com- ingu of'individualB Bhould be condoned in the public mind towardrt thoHO who will now hearti- ly join U8 to purge the .State. When one con- IcmiilateB tho f rai'.tien of our own race, and tho many weakneBHOH which attach themselvcB to the best of our public men— when we further, Mr. rresident, look into our own heartB, and the hidden motives and even selfiah actioiiB of our own lives, we must re- joice that we are not cxpOBcd. and we should bo ready to forgive much that we know of others. " Many a good man has fallen beyond redemi)tion because of tho rolentlessness of the public towards one unfortunate political or eocial error, and many a good man, by reason of a single frailty or act of disloyalty to bis party, has been driven into ojien and extreme liostility by an undue and undiscriminatiiig abuse. Lotus, therefore, forget the bad meas- ures of the past, except as lessons to bo avoided iu future, and tlio bad actions of men, ex- cejit as beacon lights to be guarded against: and while wo should altvays honor and repose uiiipialiticd conlidenco in men whose probity and juil^ment have never deceived us, yet pol- itics is a web of mixed materials, and in the weaving wo must not be too exclusive iu our selection of the yarn, nor unwilling to use the loo.'U because partly constituted of doubtful metal. Let us, therefore, with contidence me- inonalizc the tJongress of our great nation to alTorcl us such relief as .Vmerican citi/cns have a right to ask for. Wo have a constitutional right to a ll<.-i)iiblican form of government, and and now it is adnutted by every class and every j)arly throughout bur common land that the rights of property is entirely ignored, and that there is no machinery within tho .State power- ful enough to resist the fraud and corruptions which itnpoveriHh and humiliate us. It would, thoroforo, bo absurd to say that wo enjoyed that — that fnnn of a itepublii-un government con- templated bv tho I''edcral ( 'onstitution. .Julius Ciisar overthrew the liberties of the people of Homo in ancient times, and Louis Napoleon suppressed those of I''raiico in ni(Klern times, while conforming in the most explicit manner to tho foriiis of tho republic; but no publicists, economists, jurists or historians iiavo over claHsitied these nations as republics, after the overthrow of the rights of these i)eople, be- ciuso the/(*r/;w wore maintained. COSHTITUTIOSAL OUARANTEE.<4. Wo are guaranteed by the fourth article of our National Constitution altejiublican form of government. This means the sul>stancc, not the form only. The fonu must be the emana- tioH from tho substance, as tho shadow follows tho body. The earnest and astute IxkIv of statesmen, who created a Ucpublican forin of government and who designed that glohous instrument for the security of themselves aneoplo. Sui)ix)so every State in tho Union bad such a foitn and practice of goveniment, and the same principle of action should extend itself (as it surely would) to the Federal Govern- ment, how long would tho constitution con- tinue to guarantee a Republican form to itself ? liut wo have tho testimony of the wise framers and commentators on tlio constitution itself on this subject. Mr. Hamilton, in his No. 51 of the Federalist, while defending the consti- tution to insure its adoptiou by tho States, writes as follows: "It is of great im|X)rtanco in a Republic, not only to guard society against tho opjuession of rulers, liut to guard one jmrt of society against tho injustice of the other part. Jn.slirt'i.i tin mil of ijnr'Thinin/: it is the end of civil society: it eser haM been and ever will be nurbued mitil it be obtained, or until lil>erty be lost in the pur- suit. In a society under tho forms of wuich the stronger factions can readily unit© and oppress the weaker, anarchy may as truly be said to roign as iu a state of nature, when the weaker individual is not secured against the violence of the stronger." Is not this the acknowledged condition of this community by the evidence I have already adduced from leading and otttcial men who direct its affairs at present ? THE FATHERS OF THE REPUBLIC. Jefferson, in a letter to Madisou, says : The executive power in our government is not the only, perhaps not even the principal object of my solicitude. The tyranny of the legislature is really the danger most to be feared." And, of course, a tyrannical Legislature is one of the elements which the power of the Fede- ral government was intended to guard against under the guarantee of the fourth article of the constitution. Madison remarked in the convention : "An increase of population will of necessity increase the proportion of those who will labor under all the hardships of life and secretly sigh for a more equal distribution of its blessings. These may in time outnumber those who are placed above feelings of indi- gence. According to the equal laws of suf- frage, the power will slide into the hands of the former: no agrarian attempts have yet been made in this country, but symptoms of a level- ling spirit, as we have understood, have suffi- ciently appeared in a certain quarter to give notice of the future danger. How is this dan- ger to be guarded against on llepublicau prin- ciples ? How is the danger in all cases of in- terested coalitions to o])press the minority to be guarded against Y^ The guaranty clause of the Federal Constitution answers the question, and it has been reserved to the present time to justify the wisdom of that provision. Mr. Gerry, in his reply to this, said : "He did not deny the position of Mr. Madison that the ma- jority will generally violate justice where they have an interest in doing so, but did not think there was any such temptation in this coun- try." But Mr. Gerry could not anticipate the possibility of a government in the hands of a set of dishonest adventurers, supported by an overwhelming number of emancipated slaves, perfectly resistless in point of numbers, ignorant of their own interest as they are reck- less of the rights, of the pi-operty and the per- sons they supersede. With a few favorable exceptions, the intelligent and honest colored men are wholly disregarded and without intlu- ence, aud their efforts for reform or even to educate and elevate their race, to tit them for the sacred duties of American citizens, meets with no favorable response, and, therefore, renders reform nearly hopeless without the sympathy and co-operation of our fellow-citi- zens outside of the State and through the National Government in the protection of the rights of the minority. iMontesquieu, and other distinguished piibli- cists, had suggested the importance of fednra- tive republics as a practical means of extending the sphere of popular governments with safety to the permanency of the liepublican principle in even great nations, because not only were these smaller members of the confederacy pro- tected against foreign conquest aud domestic violence, but should abuses crop out into one part they are reformed by those that remain sound; and the section of the constiiution under discussion, which guarantees to every State a Kepublican fonn of government, is the logical conclusion of the above premises. The evils to be thus guarded against, then only "cropping" out to the immaginatiou of these writers, are now developed here in full into exaggerated maturity and fruitfulness, and hence we petition the sound portion of our confederacy to grant us the remedies re- ferred to. Mr. Madison, the greatest authority on our form of government, again remarks : "It will bo found, indeed, on a candid review of our situation, that some of the distresses under which we labor have been erroneously charged on the operations of our goverument, but it will be found, at the same time, that other causes will alone account for many of our heaviest misfortunes, and particularly for that prevailing aud increasing distrust of public en- gagements and alarm for private rights, which are echoed from one end of the continent to the other. These must be chiefly, if not wholly, effects of the unsteadiness and injustice with which a factious s])irit has tainted our public administrations. By a faction I understand a number of citizens, whether amounting to a majority or a minority." After discussing the dangers to the equality of interests and the public weal, arising from the predominance of powerful factions, who become masters of the situation, he further remarks : "But the most common andduralile source of faction has been the vai'ious and unequal dis- tribution of property, those who hold and those who are without property. * * * The apportionment of taxes on the various de- scriptions of property is an act which seems to require the most exact impartiality, yet there is perhaps no legislative act in which greater opportunity and temptation are given to a predominant party to trample on tke rules of justice. Every shilling with which they overburden the inferior number is a shilling saved to their pockets. * * * rpo secure the public good and private rights against the danger of such a faction, and at the same time preserve the spirit and form of popular gov- ernment, is then the great object to which our inquiries are directed. Let mo add that it is the great desideratum by which alone this form of goverument can be rescued from the op- pi'obrium under which it has so long labored." Hei-e again you perceive how pointedly his ai'- guments tend to show the necessity of the federal guaranty to each State. Hamilton, on the same subject says: "With- out a guarantee, the assistance to be derived from the Union in repelling those domestic dangers which may sometimes threaten the existence of the State constitutions must be renounced. Usurpation may rear its crest in each State and trample upon the liberties of the people, while the national government could legally do nothing more than behold its encroachments with indignation and regret. * * * * rjjjg inordinate pride of State importance has suggested to some minds an objection to the principle of a guaranty in the Federal government as involving an^ofticious interference in the domestic concerns of the members. A scruple of this kind would de- prive us of one of the principal advantages to be exxjected from the Union, and can only flow from a misapprehension of the nature of the provision itself. It could be no impediment to reforms of the State constitution by a ma- 9 jority of the p<'ople. In a legal and peacealde inoil'i thiH rigltt woiiKl remain undimininheJ. A miarmitPf l)y the nationiil initbority woiiM lif aH nnn-!i dii'octod uKainht the utS AND THE STATES. Time forbids further citations from these valuable sources of information as to the ob- jects of the constitution and the intended use of Federal power to insure the rights in .States of property and pei-sons against factions of majorities or minorities, or even tho State au- thorities themselves. •Benublican forms woro not only to bo required, Vnt tho substantial securities to everj- citi/en which that form in Bubstance nroduccs. I am a DemfH-rat of the old school, ana consequently regard State rights with the reverence duo to that great Now Kng- land principle of local self-govenimcnt. limit- ed only by ilie constitution as the organic law of I the Union. I huvo not regarded some rjf the \ constitutional amendments as wise, and much , of tho reconstruction policy a« not only contra- I rj- to the spirit of tho constitution, but the cause j of most of the evils j.revailing in tho South, j which I but do justice to the great jiarty in , jKiwer in Baying 1 know that they now de- plore alao, and are ready to correct. Wo liavo not tho government of the iK-oplc in tho BOnse of our original coni])act with tho Union, nor of the colored man. as many gooil men in the llepublicau party desired, but wo have a faction who kept themselves in power for pur- poses of personal gain only, entirely regardless of the interest of either race or even tlie ])artv whoso name they disgrace and use as a cloak to cover fraud and corruption. As a goot the changes in the organic law and those m.odo by Congress in conformity thereto, and so far as these centralize the power of tho Federal Ciovemment, I accejjt them with regret: but while conforming fully to their changes and accepting the hard conditions which they enforce in the South. I also desire to reap the advantages for the South wliich centralization implies, and I invoke, therefore, the representatives of the white race in Con- gress to give us here, in South Carolina, a gov- ernment worthy of the race and one where a New Ent,land man may send his eon to settle without degradation. The citizen owes allegiance to the govern- ment; the government owes protection to the people. Any form or practice which fails in these mutual conditions cannot be considered as a government of the people, and. therefore, not a Jicpublican form of government. I>o you suppose that the white people of the United States intended to fix a pei-petual government of fraud on their race as a condition of safety to colored freedmen ? The duties and rights that grow out of gov- ernments and people are reciprocal. If tho citizen makes war on the government, it is treason. If the government violater< the trust, it abilicates its power. And I can hardly be- hove that Congress will aiort to such members of the Legis- lature, ami the ofWcinls of the State and comity governments, as like ourselves desire to rein- 10 state an honest admiuiatration of our affairs. Let us, while holding bur reepective political views and as meinberH of our own political or- ganisms, hold them all in abeyance to the great end of all political purposes, viz., an honest government and a code of laws equally for the pi'otectiou of the property and persona of evei-y kind and shade of opinion or lawful in- terest. To this end, let us organize in every county on this basis to guard the public purse, and to deal with fraud and misrule by energetic pros- ecutions and exposures of fraud and coiTup- tion, and let us give a ready and efhcient sup- port to every reform which the llepublican party or the Legislature shall originate. At the battle of Waterloo it is well known that the fortunes of the day were clearly against the English till Blucher came to the re- lief of Wellington, and threw the balance in his favor at the latter part of the conflict. A desponding officer, whose command had not been engaged during the whole battle, but was rather preparing for a retreat under the demoralizing influences around it, was sudden- ly ordered by Wellington in person: "Come, sir, get your troops m motion." The timid of- ficer, counselled by his fears, hesitatingly asked, "Which way?" Wellington, with justitiable in- dignation and a pardonable irreverence, roared out, '•Forward, b;j God!"' Audi would say to every Carolinian, to-day, who takes counsel from his fears, but with reverence towards the just centre of all good government, and His providence towards them that help themselves, "Forward, by God. THE FIXASCES. I have already furnished the fullest evidence of the conuption, ignorance and oppressive nature of the rule and its personnel in this State, as cited from the speeches, reports or other written evidence of leading and respected Re publicans, most of them now connected with the active government which they so honestly denounce as disgracing their own party as well the age i?i which they live. I now propose to show by the same authority the pi'actical work- ing of such a form of government, and you can then judge if these fruits are the products contemplated by the advocates of a llepubli- can government, which the constitution guar- antees to every State in the Union. It ap- pears by a report of a joint special investi- gating committee of the Legislature, dated, December 20, 1871, page 808, that, becoming alarmed at the ''ijrvat dlscrej'iancieft existing be- tiveen the Stale treasurers, coiiqitrollvr-fjeneraVs andjinnncial agrnCs printed reports," they de- termined to go to New York and overhaul Mr. Kimptou's books. Mr. Kimpton requested time to go out of the city and ruralize for the benefit of his overtaxed energies during the past three years in behalf of the financial in- terests of the State, which remedy and relax- ation his physician had prescribed against the fatal effectsof his impaired constitution and ruined health. The ^'coimniltee hoI wishing the responsihililij of the death of any ote resting on ihem," (to use their own words,) consented, hut when the term of recreation had expired, "Mr. Kimpton thereupon stated that soon af- ter j'our committee had accorded him time, for the recreation ho had previously asked for, the ^uancial board requested his preseuco in Co- lumbia. * * * * Your committee not wanting to oppress him, granted him still fur- ther time." After this the report sets forth the difficulty of making the examination, and their industry in occupying their time in acquiring informa- tion, and "state the startling fact that, owing to the manner of borrowing money by Kimpton, in small amounts and for short time, with the frecjuency of the renewals and large commis- sions on each transaction, the interest, com- missions and stamps paid, on short loans made in Nein York atnounled to nearly as much as the entire interest on the State debt," and that there must accrue a large commission account in favor of Kimpton, whose services of com'se must be paid for. In a subsequent report of this financial inves- tigating committee to the Legislature, they set forth that it had been given out to the public that '■out of the ahundatice of carefulness for the interest of the Slate, on the part of the Gov- ernor," the financial agent had been compelled, to make an instrument in writing, with good and sufficient security, for the faithful dis- charge of his duties and the security of the State, in the penal sum of a large amount, and that one of the most prominent and skilful banking firms in the country had signed his bond, viz : Henry CUews & Co. The bond, however, was signed by Kimpton, and the rich firm signed as a witness. The indignant com- mittee therefore remarks: "But it will be seen, by a copy of the bond he executed, that the State has no security, and that her agent commenced his official life under the counte- nance and connivance of the financial board, with deception covering his stexw and irrespon- sibility his acts." (Page 42, second part.) This committee, after giving a gi'eat array of figures, which they find in the agent's books, informing us that they aie full of discrepan- cies, as compared with his previous reports and the books of the treasurer; among other items showing that he charges for expenses in excess of vouchers or former reports, the large item of ¥243,980 58, (page 245, 2d part.) remarks: "The committee are compelled to say that the financial agent has acknowledged to them the incorrectness of his accounts, and admitted that he was directed, by the financial board, not to make real, but fictitious, entries. So frightfully large were the expenses of the transactions of the agency in negotiations of loans, Ac, the board thought it best to keep the true amount in disguise;" and part of the latc tlio cele- brated Kun contract pa^'o U 17 -looking back to the histoiy of the Kii-Kliix diHtiirbancos which disgraced our Stiite, originatiiiK. an they did, from tho htupiil and jiartiMan action of the 8tato governiuent, wIiobo appointmentu of ignorant and corrupt trial juHticcR and consta- biee, and even tliin Bourco of protection of the rights of property fo HjjarHely throughout the State that maramling j>HrticM were often able to drive awiiy a farmer'n cattle, liogH and hoi"HOH before a proper otiicial could be found to utop the robber. becauHe a constable and trial jus- tice were often twenty miles a]>art; and such was the corruption on one hand, or the prej- udice of race on the other, that freipiently a colored jjrlsoner after arroist and i)roof of his guilt by white men would bo discharged on his own testimony to the contrary, and in a few days the poor follow who had lost his property ■would be arrested for false imprisonment, and subjected to inconvenience ana expense. This outrage against justice produced, at first, or- ganisms for mutual protection on tho ])art of the white men in tho disturbed districts, and as usual when men undertake to vindicate even their acknowledged rights, and civil law can- not bo relied upon, such organisms are apt to degenerate into violence and injustice, pro- ducing revolution or brigandage, according to relative numbers, intelligence or morality par- ticipating iu it. In the case under discussion the Kn-Klux appears to have been mainly a body of igno- rant men, as devoid of justice as they were of judgment iu applying the remedy for which, no aoubt, they were induced to organize, and bad they dealt with the white persons that or- ganized the frauds and violence of which they justly complained and made an example in high quarters in Columbia, instead of descend- ing to outrage and abuses of the colored men, the ignorant instruments of these public j'ob- bers. much more sympathy might have been felt for them, and the government, iu my judg- ment, would iiave sooner exercised its clem- ency in consideration of the provocation. THE ARMS FR.\UD. But. be this as it may, this Ku-Klux organism, apart from their outrages on the good order and the fair name of tJie State, were also the cause of a heavy fraud on the same. Joint resolutions were iiaH-ed by the T^egislature in 1869, empowering the (lovemor to employ an armed force of one huudred men for the pres- ervation of the jJCace, and to piirrh/tsr tiro lliiniaand stawLf uf amvi of the idoM approved I'lern, provvU-d that a i»TvireattU' and sadsfac- /•'/ anil cannot t)e prncnred from tfie United elates." In the graphic words and classic allu- eions of the committee, which I continue to quote, I page 2JH, ) "The Governor's (Scott) hrst lieutenant, the atljutant-general. (Moses,) ■was regarded as the j>ropor and best ambassa- dor for the State in this emergency. He came to Washington, he sa>D the secretary, he con- iptrred all objections, doubts, contingencies' obstacles." The Becrotar\- telograi^jod. von can liavc ten thousand stanils of Snringfield rauskotH. The mission of the gfneral wana succeHs, and Soutli Carolina j>rocured a serviceable arm from tho United States, sntticient to equipan army of ten thousand men. There was, therefore, no neer21,G27. Yet these companies were requested to give receipts for the full amount, viz: •'«81,400, on pain of not being paid at all. These frauds fully account for the pov- ertj' of the taxpayers, and the large accumula- tious or the profligate expenditures of the men who rule the State, and the conviction of such criminals ought not to tax very heavily the professional skill of our learned' judiciary with proofs largely documentaiy, and coming from official som-ces so direct and respect- able, and whose political sympathy is entirely with the party in power. Furnisliing the State- house, in which the most glaring frauds were exposed before a congressional committee, has been already ventilated, but it may not be known that there was charged an item of two hundred line porcelain spittoons at eight dollars apiece, for one hundred and twenty-tour mem- bers, most of whom used the fioor or spat out of the window, or into the fire. The actual bill, at extravagant prices, was $50,000, but the bill presented to the Legisla- ture was raised to ^9.5,000. A committee was constituted to investigate the matter, and their expenses reached the modest sum of over •$60,- 000, $7,. 500 of which was charged for lawyer's fees and services, but the lawyer credited with this large fee came forward and denied that he had ever received a cent of the inoney, and had never (he said) even been consulted in the case. The attorney-general was instructed to take steps to indict the member for embezzling the public money. The culprit came before the investigating committee, and told them that he did not intend to answer any questions that would criminate himself, and when he was threatened with indictment, ho defied them, and said that they did not dare to do it; that they would first have to make an application to enlarge the penitentiary, for he would have half of them in there. One of the investiga- ting committee of Congress, on hearing this teslim(:>ny. asked the witness. What, did he mean half of the Legislature .' Answer: The whole concern connected with the government, I suppose. We are informed that these bills were paid, and that the excess of Wilton and Brussels carpets, mirrors, sofas and other articles oi" furniture charged to the Statehouse were really used for the private lodgings of the members or in their own houses — exactly the same kind of fraud for which Genet was con- victed in New York who used building mate- rials in his own houses, which the city had jjtir- chased for a coiu'thouse. Can we not follow this example, and have this braggart robber convicted, and have our penitentiaiy en- larged for the accommodation of such other members of the Legislature and government whose frauds and corruption we so patiently endure ? I have thus adduced a few examples of the practical frauds of the State govern- ment as certified to by official reports. I have purposely confined myself to these examples as they sufficiently illustrate the morals and ])ractice of the government and the Legislature of the State, wlio being in overwhelming ma- jority, practically ignore the honest minority of both parties in the Legislature: disregarding the principles of common honesty and of com- mon decency, their affroutery has become pro- verbial, and we are practically askedby their con- tempt for us, "What will you do about it?" Crews and Tweed are representative men in Colum- bia and New York, and the question is, have we a committee of seventy among us, and have we an earnest lawyer like Charles O'Connor, and an astute investigator like Samuel Tilden. and have we an independent, self-sacrificing and brave body of citizens in every county in the State who will do as the honest and earnest men of New York did — band together, regard- less of ail differences, polical or otherwise, and determine to drive these thieves out of power and out of the State, or into the penitentiary ? PUBLIC .JUSTICE. Jefferson has well said that the price of lib- erty is eternal vigilance, and we must now veri- fy the practical nature of the expression. I have confidence that we have every one of these qualifications among our people, and that the exercise of them will save the State. I am not insensible to the prevailing opinion that the j udges are corrupt and the juries ig- norant and prejudiced. The open charges of corruption made in the Legislature of the State against the judges of the highest court, and the frequent interference of the Legislattu^e with the independent discharge of the functions of the individual judges, are well calculated to overthrow confidence in their honesty, and ut- terly to destroy that judicial independence and confidence so necessary for the ends of jus- tice. But this ])hase of our public grievances must be accepted as one of the unfortunate elements which calls for revision: and yet there are individual exceptions, both as to judges and juiies, which can be relied upon for public justice in the State, and before whom convictions for fraud and corruption can bo had if properly and zealously brought before them. Take the most corrupt of these men and place him on the bench, in presence of a court filled with men of probity and position. 13 put the |>Iuntlci'Gr in the criminal bos. I<^t 10,000.000, and a floating debt of two or three millions more." After a clear and detailed account of the origin and purpose of each act of the Legisla- ture authorizing the issue of bonds, he says : '•The amount authorized by tho Legislature, as already showu you, is *4. 389. 400: substract this amount from the actual increase of the debt ( 10,000. 000. 1 and you will find that, with- out the authority of law. there has been added to tlio State" debt over .*5.500.000." He further informs us that, "Probably one of the most startling facts in connection with this brief financial statement, is that our financial board have permitted to be soM ujion tho mar- ket ••5'10.,"ji)0,000 of bonds for about .*2.38'2,000. * * * iJut, in looking through all those various approjiriation acts, you will find by compeering thciu with the expenditures subse- quently made, that the State oflicers have been governed by no law in tho expenditure of money. • • • They have spout your money lawleisly, wastefully and. in my judgment, criminally." Mr. C'orbin. after showing the frauds connected with tho land commisflion, in which he demonstrates that but $500,000 were actually paiil for the land even after covering the immense frauds in the price to be paid by collusion, aa shown by the deeds of i)urcha«eH, he says : "Now, if you will look into Treasurer's Parker's report of the moneys paid out on behalf of the land commission, you will find he charges to the State about •rT.'jO.CMH) in ca«h." leaving un- accountod for a quarter of a million of dollars. He gives us one example of the details of these piirchaMes by the a4Nphsition of a tract of land called "Hell-Hole Swamp:" a suggoHtivo name for a pliu-o of burial of tho laud commis- sion as tho ('avo of Marpaloh is suggestive of the good i)atriarch of the old dispensation. Ho says : "These lands, constituting tho swamps and forests about it. |)urcha«cd for •i-ljn.OOli. • ♦ ♦ Now. I learn from reliable sources that the money actually paiil for this tract was about ■■j3u,00()." leaving some one or all of the gjntlomen of the aiivisory board and laud commission to net the haudaomo sum of *90,000. THE SIXKIXO KUND. After treating of the sinking fund fraud and that of the Blue Kidge Kailroad and other frauds amounting to millions of dollars, he turns to the oflicial conduct of tho present fiov- ernor. while filling the double oflices of adju- tant-general and speaker of the House of llep- reseutatives of the State, accusing him of having reported an expenditure of rllO.oOO for services in enrolling the militia, while, in most instances, these organizations had been efTectod through private enteqjrise, and, therefore, without expense to the State. That no one knows of any of the labor done, and no oflicial report even confirms his proper official apj)lica- tion of tho money, he further informs ua that as speaker of the House of P>epro8euta- tives it became his duty to issue imycertitiLates to defray the salaries of the members and con- tingent expenses, which he gives in detail as amounting to but .*143,808 iu the aggregate. He says : "Now, fellow-citizens, tho number and amount of pay certificates, i ma « . & by Mr. M jses. I am credibly informed, exceeds the sum of one million dollars.'' Surely here are cases for criminal prosecution, and evidence of the most tangible and respectable character. Republican judges and juries will not dispute llejiublican witnesses. The report of the Senate Investigating Com- mittee in the sinking fund fraud is now before the Legislature. The president of that board, ex-Gov. Scott, refuses to attou'l the commit- tee, "declaring he would be bothered with no more investigations: "two other prominent mem- bers decline to appear on the technical groiuid that the committee, having been api)ointed by the .Senate only, had no i)ower to compel their attendance. The committee, however, report that property which cost the State nearly iJ2. 000,000 was disposed of for .■i'123.000, and that even this sum has been so manijiulated l>y tho New York financial agent by various speculative operations for himself and the members of the board, as to bo entirely lost to tho State. They close their report as follows: "It is apparent from what tho committee has stated that the proceedings of the sinking fund commission since the time of its apptiint- mcnt, have resulted in nothing but loss to the State: that the commissioners of the sinking fund have sold a large amount of iiroperty be- longing to tho State for the purpose- of extin- guishing the public debt, ami have not extin- guished the public debt to the amount of a single dollar. " I cannot delay you with a full iU.Utt u review of this fraud. The management of it by the report Bhows that the pro- ertv was principally Hold to agents of the prominent members of the commission themselves, privately, the day after the passage of the act authorizing them to sell the property and constituting them the trustees of the same: 13,100 shares, which controlled the franchise of the companv. of the Blue lUdge Eailroad, which cost the State $1,310,000 was sold for one dollar a share, or .$13,100 to a Mr. Moore, who testifies to the committee as fol- lows : "I bought for myself and others, to wit, Mr. Kimpton, (New York financial agent,) Gov. Scott, Mr. Waterman. (Gov. Scott's brother- in-law,) John J. Patterson, (present United States senator,) Timothy Hurley, Jos. Crews, Dr. Neagle, the comptroller-general. Mr. Par- ker, State treasurer, and three or four others, whose names I do not now recall. I think Les- lie, State senator, was one of them. * * * I think Mr. Chamberlain, attorney-general, was one of the parties for whom I have men- tioned I have bought the stock. That is to say the three leading commissioners, who sold the stock under those questionable circumstances, were themselves parties to the purchase." And this operation has also cost the State mil- lions in addition in the way of fraudulent issues of scrip for bogus indebtedness assumed by the Legislature. EAILROAD FRAUDS. The Greenville and Columbia Railroad stock was disposed of in the same manner, and with the stock passed the franchise and management in the same manner and degree as in the former case. The sale was made the day after the bill was passed authorizing it, with no one permitted to compete. Mr. Moore again appears to be-the pm-chasing agent f or the ofticiafs, who informs the committee that Mr. Kimpton, the linaucial agent, was indebted to him on pre- vious accounts, and for that reason I was in- duced to go into the purchase. I did not put in any ready money at the time of this pur- chase. I Ijeheve the purchase money was raised by the sale of the bonds of the State. The sale of the bonds were made bv Mr. Kimp- ton, so he informs me. I understand the bonds he sold were some of those he held as financial agent of the State." This statement ia fully corroborated by Kimpton's receipt and Mr. Guhck's statement to the committee. The effect of this transfer in fraud of the State, resulted in a greater fraud against the other stockholders of the company, who have for some time been engaged in contesting, I think, over a million of dollars of indebted- ness, which these now have fraudulently issued for their own private purposes. CONCLUSION. These statements, verified as they are by official reports, are yet but meagre representations of the variety and mag- nitude of the frauds which these State ofticials are connected with to arouse the indignation of even more stolid tax- payers than we have been. I have often thought that the stupendous n«,ture of them and their cool effrontery had measurably para- lyzed our indignation Many yeai's agoa very erasible farmer in one of our Western States, who was celebrated for his eloquent but irreve- rent use of language when he was excited, was seen driving his wagon into town with what had been a load of shelled corn, but which had nearly all escaped through a hole whijh some miscliievous person had bored in the bottom. Tlie villagers, seeing that the farmer had not yet discovered that a long train of the shelled com had marked the line of his wagon track, and expecting a rich treat when he should diB- cover his loss, in the explosion of his wrathful profanity, followed him to the store-door, at which, to his surpise, he first observed the loss of his corn and the eager crowd which sm'- rouuded him. Sensible of his situation, and fully comprehending what was expected of him, he mounted on the wagon seat and said, with bated breath. "Gentlemen, I can't do jus- tice to the occasion." Gentlemen of the convention, with many thanks for your courtesy and patience in listen- ing to my rather extended rem.arks, I close by reading the form of a proposed memorial to the Congress of the United States, which I shall ask you to refer to the proper committee, hoping for its favorable consideration by the committee and its adoption by the convention; and after being signed by the officers and mem- bers of this convention, and the other taxpay- ers in the different counties of the State, to bo forwarded to Congress for presentation by a formal committee of this body, who shall be charged also with the duty of presenting our grievances to the President of the United States, and asking his official sympathy and co- operation against the frauds and misriiJe which deprives us of the rights of American citizens. LIBRARY OF CONGRESS 014 418 602 3 I HBB^R'' 00 UBBA^"^ OFCONGBESS 4 4A8 602 3- HoUbger pH S3 MiU Run F03-2193